>> so personal. >> thank you for joining us. >> great working with you. >> good to have you here, heather. "america live" starts right now. >> megyn: fox news alert, we ary knowing what caused a limousine to burst into flames on a san francisco bay area bridge, killing five women trapped inside. including a bride and some of her wedding party. on the left side of your screen, footage of the limo on firearm the side of the road saturday night. on right, we are expecting a press conference with the authorities any moment to see whether they have determined a cause for this bizarre explosion. the women were celebrating a friend's wedding when smoke started pouring into the vehicle. by the time the driver pulled over, authorities said it was too late. five people were killed, including the bride to be. the california highway patrol, the local fire department, and the county coroner are expected to attend this briefing. a lot of folks are wondering

about this not only because it's so horrific, but a lot of folks have taken a limousine to a special occasion and one wonders how this can happen. how does it happen that it suddenly becomes engulfed in flames and five people on what should be one of the happiest days of one of their lives are killed in a horrific tragedy? we'll learn more momentary and bring it to you. we are also getting breaking news on the boston marathon bombing. as we wait to see if one of the college students under arrest for lying to investigators is about to walk free, or at least walk out of jail. well welcome to america live. i'm megyn kelly. u mass student robel philipos face has federal court hearing. he's accused of lying to police not once, not twice, but repeatedly, over and over and over when they questioned him about the tsarnaev brothers. in particular, his good friend,

dzhokhar, with whom he's good friends. there is apparently a push to release him now on house arrest and the prosecutor has joined in that push. so you've got the assistant u.s. attorney who is handling the case, and the defense attorney agreeing that robel philipos here should be released on $100,000 bond, forced to wear an ankle monitor and should be able to sit around watching tv in the comfort of his friend's home under supervision, though, as opposed to sitting in jail because he's apparently just a liar. this is how both sides view it as of today. a judge still needs to sign on to the deal and we'll see whether that happens. already there has been pushback on whether this is the brightest idea given what he's accused of lying about. and whether other people would make a similar choice when confronted with the f.b.i. in the wake of a terror bombing to

cover for their friend. in the meantime, we're also getting new information on why the feds made a new visit to the cambridge apartment of tamerlan tsarnaev and why they're looking even more closely than ever at his widow, american katherine russell. catherine herridge joins us live now from washington with the very latest. >> thank you. investigators sharpen their focus on the widow of tamerlan tsarnaev, investigators returned to the apartment in cambridge, massachusetts where residue was found in at least three areas of their apartment. f.b.i. spokeswoman confirming the search warrant as investigators some wearing white haz-mat suits entered the apartment. it's not immediately clear whether any items were taken as part of the marathon bombing investigation. two sources familiar with the case tell fox news katherine russell communicated with her husband after the bombing. once source said it included at least one phone call. the second source describing an e-mail possibly containing an attachment with includeed a

surveillance photo. they want to know whether copies of an al-qaeda web magazine on his computer were downloaded and read by russell or by her husband. the lawyer for katherine russell did not respond to e-mail or phone calls by fox news. the former republican chairman of the house homeland security committee says russell has an increasing number of questions to answer. >> it's hard to -- most people, most investigators to believe she could be living in a premise where bombs are being put together, explosive residue and for her to know nothing about it. i believe there is a strong feeling there has to be some level of involvement on her part. >> fox news confirming through two sources that a second autopsy was performed on tamerlan over the weekend. the first was for cause of death, as gun shots and blunt force trauma. >> megyn: thank you so much. this weekend several major media outlets, including fox news, dug up new information on katherine russell, some of which you just heard catherine herridge highlight, including the radical pieces that were posted on her

computer, the amount of explosives reportedly traced inside of her home and where they were found, raising new questions about whether she was totally innocent and had no idea that the husband was making bombs in the apartment. and all of which they say he used those materials to kill three people, including an innocent eight-year-old boy, not to mention the scores of others who were maimed. just ahead, former l.a.p.d detective hurricane furman will join us to say why he thinks katy russell may have been the most radical person in this marriage. he will join us in a few moments to discuss that. you know what else i'm going to ask him? does katherine russell run the risk of losing custody of that three-year-old here? if she was radical, if she knew about the bombs, if they can prove that, if there are explosive traces all over the apartment, why does she get to keep custody of the three-year-old girl? he's coming up

>> rising republican star getting hit with chrism. bill richardson was one of those weighing in, calling the freshman senator ted cruz rude and even rejecting his hispanic heritage because of senator cruz's stance on immigration reformment apparently governor richardson doesn't think senator cruz gets to call himself a hispanic. senator cruz's father was a cuban immigrant and here is mr. richardson yesterday on abc. >> he seems to be charismatic, but i don't like his policyics. i think -- politics. i think he introduces a measure of incivility in the political process, insulting people is not the way to go. he's anti-immigration, almost every hispanic in the country wants to see immigration reform. no, i don't think he should be defined as a hispanic. >> megyn: joining me, fox news

digital politics editor and host of power play. who died and left governor richardson in charge of who gets to be defined as a hispanic? >> well, it's simple. if you're republican, you're probably not that hispanic. and if you're not interested in -- >> megyn: it's a degree, a measure. >> exactly. and ted cruz -- we know this goes way back. cuban americans, like senator cruz and mexican americans, like governor richardson, do come from different sides of the same hemisphere, or ancestry does. they have not always seen eye to eye. this is more like what we've seen liberals do with black conservatives as it relates to their views. if you are a black conservative, then you are probably not -- your authenticity is in doubt because if you're not in the ideological main stream of the rest of your ethnicity, then

you've a sell-out and things like that. it's ugly. >> megyn: it's so demeaning of his own heritage. i mean, to say we have to be monolithic and we better follow the same beliefs on every issue, especially immigration, otherwise you're kicked out of the ethnicity of the national heritage. you're kicked out of being an hispanic, senator cruz. >> they've tried -- the west virginiaans tried to get together for a long time, to get me out, but i'm staying. the thing is this, ted cruz, there was another thing said on the sunday shows, that was jail carville said ted cruz was sort of the hottest biscuit in the basket. he was the guy the republican high school who was young, charismatic, could do all these things and in a country that is rapidly becoming majority minority, somebody who could reach out to them. carville lined out in logical fashion where ted cruz is potentially potent. that means the more and more targets are going to go on his

back and he heard from governor richardson. >> megyn: the hottest biscuit in the basket. he came out and said, i think he's the mousetailented and fearless republican politician i've seen in the last 30 years and he believes, caravel said, ted cruz will run for president. he is a rising star in the republican party, but he's already taken a loft incoming, not just from governor richardson, a democrat, but even from some in his own party after canned paul did that filibuster on the drones and ted cruz joined him 6789 john mccain came out and called haim whacko bird. mccain later apologized for that. but he took a shot at him. then some in the republican party have suggested he might be a little too confrontational and a little too quick to cast stones at others on capitol hill as the new guy. so is he somebody who is just shaking things up or is he somebody who is rattling the cage so much that there is not going to be anybody left to support him if he wants to run? >> isn't that the danger. you and i talked about this back

right after senator cruz got elected, which is barak obama had just as much seniority, which is to say none, in the united states senate when he ran for president in 2008. ted cruz is on the same kind of track as -- to be a freshman senator to run for president as barak obama was. so it's not unheard of. the danger for ted cruz is this that he's getting attention for being confrontational. he's getting attention for shaking up the cage. but what can happen to politicians in that is that they get hooked on the controversy and that's all they've got. what he needs to do now, in order to remain viable, is surprise people. finding a way to compromise, finding a way to do something that the people haven't heard from before. if he just is a cage shaker, crew right, there won't be anybody left inside. >> megyn: rubio took a sip of water during his rebuttal in the state of the union and just got skewered for it. we talk about how that was largely people perceive him as a threat. he's this attractive, smart,

dynamic, hispanic member of the republican caucus and now senator cruz is apparently he doesn't get to define himself as hispanic because he doesn't feel like richardson does on immigration. chris, thank you. >> you bet. >> megyn: admitted member of a 70's terror group, as a matter of fact, he co-founded the terrorist group, bill aers is defending his violent past in terms i have not heard him be this explicit about what he did and why he thinks it's aok for his participation in the whether or not underground. he says the group's efforts to set bombs around the country has nothing in common with what we saw in boston and underscored that all they did was property damage. they just did property damage. that will come as news to the two police officers and the

security guard who were killed by members of the weather underground. we will be joined by a man whose entire family was targeted by this group with some reaction to his latest claims. a mystery after a doctor is found dead after a lethal poison in her bloodstream. what happened here? and when president obama appeared in mexico city this weekend, he talked about the tens of thousands of people murdered by drug cartels south of the border and suggested that america bears a lot of the blame. america bears a lot of the blame. we'll debate that argument and this too appears to be our fault. >> we understand that much of the root cause of violence that's been happening here in mexico for which so many mexicans have suffered is the demand for illegal drugs in the united states and we also recognize that most of the guns used to commit violence here in mexico come from the united states.

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>> megyn: president obama stirring up controversy with some comments he made during his trip to mexico last week in which he suggested that mexico's problem with the violence can be directly attributed to america. some 60,000 people have been killed in drug-related violence south of the border since 2006 and the president said americans are partly to blame. >> we understand that much of the root cause of violence that's been happening here in mexico for which so many mexicans have suffered is the demand for illegal drugs in the united states. we also recognize that most of the guns used to commit violence here in mexico come from the united states. [ applause ] i think many of you know that in america, our constitution guarantees our individual rights to bear arms and as president, i swore an oath to uphold that right and i always will.

but at the same time, as i've said in the united states, i will continue to do everything in my power to pass common sense reforms that keep guns out of the hands of criminals and dangerous people. >> megyn: joining me for a fair and balanced debate, brad blakeman, and simon rosenberg and former campaign advisor for bill clinton. let me give you a piece, just a little bit from nile gardener, who he's been on fox news and he's well published journalist. he says in response to this, quote, is there no end to the apologies that president obama has made for his own country? instead of blaming america, he should have called on the mexican government to do far more with the lawlessness which is spilling over the border into the u.s. why not praise the courage use work of u.s. law enforcement agents fighting bravely against mexican drug cartels? yet that wasn't exactly the message, simon. your thoughts?

>> well, there is nothing the president said that's controversial or not true, right the cartels are being funded by the money that they're making by selling drugs into the united states and it's our guns being illegal legal smuggled into mexico that are killing mexicans. there are no guns in mexico. they don't make them in mexico and all guns are illegal in mexico. all guns are coming into cartels' hands are c. so the president was just in -- in the u.s.-mexican relation, this is the number one issue. mexicans keep coming to the united states and say can you do more to help stop the southbound flow of illegal guns. the president said he's committed to doing that. i don't see what's controversial about that. >> megyn: brett? >> having our president apologize for illegal guns from america to mexico is like escobar apologizing for drug abuse. the fact is the president was complicit in illegal guns under fast and furious, a u.s. government operation that ran illegal guns into mexico, that

killed hundreds of mexicans and killed, by the way, a u.s. border patrol agent. so the president is apologizing for his own behavior! the fact of the matter is, we do have a problem with running guns into mexico, but we also have a problem, as simon pointed out, with guns and illegal immigrants coming across our borders. our border is not just a u.s. problem. it's a mexican problem, too. the president should have gone there constructively to talk about a process by which we can secure the problem and the border not only for americans, but for mexicans as well. >> megyn: i want to get to fast and furious in a minute. but let me ask you about the second part of that point, simon of the according to our brain room, 95% of all cocaine used in the united states, transit here through mexico, according to our f.b.i u.s. companies invest over $90 billion annually in the mexican economy, something that we should be praised for. that they need from us. so this is what leaves critics like niles to come out and say, you're focused on the wrong

thing, mr. president. >> well, the entire trip was about celebrating the economic progress and the progress that mexico has made in becoming a more democratic country. mexico is now our third largest trading partner, our second largest export market. there has been the economic trade between our two countries today is almost 1 1/2 billion dollars every day. that was the thrust of the trip. but during the trip, he also dealt with issues around the border and security. that's clearly part of the relationship, too. he also talked about was the success of border security. we've seen a huge decline of violence. we've seen a net migration of -- go to zero. there was a lot in that speech of what's right and there are still things we can do to make it even better. >> megyn: niles says, brad, that it is about time that president obama stood up for his own country instead of frequently talking america down and lowering its prestige on the world stage. this is not the first time he's been criticized for going abroad

ask as the president, you have such power with the microphone. if you take a shot at your own country, i understand the president tries to acknowledge things he thinks have been failings on our part, but it takes it to a whole different level when you're the president and you do that on foreign soil. >> this is the president who started his presidency with an apology tour in europe and in the middle east. what did it get us? more dangerous and weak world when we see a president who doesn't mean what he says and his actions are not there to back up his words. we've seen it in the red line in syria, closing guantanamo bay. one policy after another, the president has never followed through, so coming to a foreign land and downgrading your country, how is that helping america not only in prestige, but how does that help us advance a policy that's in the best interest of the united states and mexico? it doesn't. if anything, it weakens the president. >> megyn: all right, thank you for being here. we appreciate it. just ahead, mark furman on the widow of the boston bomber.

there was reportedly tracings of bomb making materials all over that apartment. we'll get into where and what it means about her. what about this toddler daughter she has we went out and asked people a simple question:

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daughter and is apparently trying to have another child. so when 41-year-old dr. klein collapsed at her home in

pittsburgh, it was thought to be a stroke or heart attack. and then they found extremely high levels of cyanide. now they're investigating this as both a suicide and a homicide. as a doctor, she would have had access to cyanide commonly used for testing in hospitals from her hospital and her husband, a 64-year-old neurologist would also have had access to cyanide at his hospital, university of pittsburgh. now, warren had been served and searches at both of those hospitals, as well as the couple's home. the husband has hired both an attorney and a doctor, prominent pathologist and he reportedly wants to know if craetine, used by body builders to build muscle. it's unclear whether he wants that information if dr. klein was using this in some capacity. it is unknown. the husband, is the one who

called 911. the f.b.i. is now involved. they say there is no person of interest. the 911 tape has not yet been released and no signs of any financial stress or depression with dr. klein, which is why you can see the authorities are kind of baffled as to what and how this transpired. >> megyn: how bizarre. creatine, that's something body builders use. was she abode builder or her husband? >> it's unclear right now because the police have released very little information. the family had no information they was a body builder. she was, again, trying to have another child, but was that a relationship? we don't know. dr. weck is not answering any questions, not even if he was hired by the husband. it's a body building protein powder that's used by a lot of

body builders. >> megyn: wow. that is -- if you're trying to have a baby, you're not normally suicidal. you're focused on regenerating life. not ending it. so we'll see. all right. thank you. sources are telling fox news that the boston bombing investigators are more focused than ever on the widow of the deceased suspect, tamerlan tsarnaev. his wife, katherine russell, an american, claims no knowledge of her husband's plans. but also has had al-qaeda magazines on her computer. investigator mark furman is next on that. plus, new information moments ago on the heart breaking tragedy that left a newly wed and -- a bride to be and four of her friends dead after the limo they were riding in suddenly burst into flames.

>> we are highly skeptical of suggestions that the opposition could have or did use chemical weapons. we find it highly likely that any chemical weapon used that has taken place in syria was done by the assad regime. that remains our position. >> megyn: that was white house press secretary jay carney moments ago, reacting to reports from the united nations suggesting that the syrian rebels are to blame for the recent use of chemical weapons. this as tensions escalate between the defiant regime and one of our best middle eastern

allies, israel, after they reportedly launched a missile over syria, targeting weapons believed to be headed toward hezbollah. one syrian official calls the strike a declaration of war. what does that mean? or is that bluster? ralph peters joins us at the top of the hour today to discuss about what's happening here and what we're to make of the latest white house pronouncement that they believe it was the regime that used these chemical weapons. that's the red line, folks. that's it. back to one of our top stories o'clock the widow of tamerlan tsarnaev had terror training materials on her personal computer. mark furman, former lapd homicide detective with me now. we don't know she's the one who posted them or reviewed them. but we are being told that it was on her computer and on top of that, mark, we have not yet

independently confirm that, but other news outlets reported over the weekend that when the feds went back into that apartment, the 800 square foot apartment that these two shared with their toddler daughter, they found the presence of explosive residue throughout the home, including on the kitchen sink, on the bathtub, and on the kitchen table. are we to believe katy russell was never using the bathtub, kitchen sink or the kitchen table or is it that hard to get rid of explosive residue? maybe he got rid of it and she never knew? >> well, let's use common sense here. you have a drug dealer that is in an 800 square feet apartment with his girlfriend and a friend and they're cutting drugs at the kitchen table, they're making meth in the bathtub, they're making meth in the toilet. do you think the girlfriend doesn't know? of course she knows. you have not only the product but you have the method in which they cook it off, the method in which they put it together.

you see the remnants, the garbage, what's left over. so of course she knew. but what's interesting about this woman is how do we know that she wasn't the first to be really radicalized? when you look at it, she walked away from a middle class family in america, born in america. she was a christian. she dumped her family, dumped her religion, and then became a radical muslim. not just a muslim. these two brothers, they were already muslims. it wasn't much of a leap for them to become radicalized. but her? that is a complete change of life, family, everything else. >> megyn: just the choice in itself you're saying was more radical in terms of going from this american life where she was a christian to wearing the hijab and alienating herself from all of her friends and suddenly observing all the muslim customs and observations while married, now we know, to a terrorist. >> well, i think you're right.

but we have to see this. you can change religions and become a muslim. but you don't have to become a muslim in the way that you're so radicalized that you change everything about your life. and she continues to dress this way. that means her ideology wasn't an abusive part of their marriage. her ideology was actually real. she still possesses that inside of her head and heart and she refuses to cooperate. now you have explosive residue in her apartment. of course the bomb was put together there. of course she knew about it. >> megyn: they worked very hard, mark. >> well, she works veryo did ta. he worked very hard to become a radical jihaddist and seems dzhokhar had time to chase girls i dr. and smoke dope in between being a terrorist. so i think everybody had their time where they were actually majoring the time -- measuring the time they were going to devote to being a terrorist and

radical muslim and i think she 'til had time. >> megyn: fox just confirmed that we knew she had contacted tamerlan at least one after the f.b.i. showed us those photos asking for the public's help in identifying the guys. we know she communicated with him at one point and now we are being told by at least one source that there could have been an attachment, e-mail with an attachment sent to him, which may have been a surveillance photo. she may have sent him the surveillance photo released by the police. it seems clear when she saw her husband on tv, she didn't rush to call the f.b.i., 'cause there has been no allegation of that. i want to get to a couple other things with you. number one, they have a three-year-old daughter together. she claimed she was working 80 hours a week and that's why she never saw tamerlan making bombs, at least six, according to the authorities. and the residue on the kitchen table and the residue in the bathtub and elsewhere. that's her story and she's stick to go it, according to the authorities. tamerlan, they say, in between the bomb making was watching the

three-year-old daughter. i had a lot of e mails from viewers asking me whether her custody of that child might potentially be in danger. you're a former police officer. what do you think? >> i think absolutely. if i was a detective investigating this, the first thing i would do is get the child out of the hands of this woman. she's obviously radicalized. she is not cooperating. the bomb was obviously in her apartment. her husband she communicated with instead of calling the f.b.i that all unto itself, you take that child away because she's not capable of providing a safe haven for that child. certainly being involved with tamerlan, regardless of what she did or didn't do with this terrorist attack, certainly she had very little regard to her daughter and exactly what would happen to her daughter and she knew his radical views. she left the daughter with him. and no matter what else she knew, she committed, by communicating with him instead of calling the police, there she crossed the line. she decided to be with the

terrorist instead of being with her daughter. >> megyn: you have to wonder whether they're at least looking into that for the safety of that little girl. final question. >> of course they are. >> megyn: now learned that the -- learned that the third of the three new suspects who allegedly helped dzhokhar tsarnaev after the fact, two of them got rid of evidence, say the feds, and this one on screen right said to have lied at least three times to the f.b.i. about whether they were in his apartment that night and whether they discarded evidence and so on, and then eventually they had him, so he finally admitted it, say the f.b.i now he hasn't been released, but both the assistant u.s. attorney and his defense attorney are asking the judge right now to approve home confinement for him. they want to let him out of jail and say, just monitor him for 24 hours with an electronic bracelet. we'll set bond at $100,000 and he's no threat. his defense attorney paints a picture of this poor young gallegos who was bullied into talking because he didn't have

his lawyer there when the feds showed up to talk to him about whether he did anything to cover for his friend. your thoughts on it? >> well, i'm smirking and i think you can see that. i'm smirking because you have three people in custody, two were a little more hardened. you have this third individual that's listening to alt conversations -- all the conversations, associating with dzhokhar. so they go over there, he did that. he lied because he knew something was wrong. now you have the attorneys supporting the fact he should get home confinement with something on mission leg and a certain bail. kind of sounds like somebody's flip to do talk about exactly how much involvement there were of the other two. >> megyn: interesting, because they say he didn't actively dispose of the evidence. he just lied about it and we'll see. maybe you're right. maybe he's flipped. he's turned. mark, great talking to you. >> thank you. >> megyn: see you soon. coming up, an admitted member --

well, the co-founder of a terrorist group, bill ayers, now defending his violent past like never before. this guy, his group set off bombs. people were killed. now he comes out and says it was just property damage. that's all. just property damage and has shown zero remorse to put it mildly. well, one of the people whose home was bombed and it was blamed by most on the weather underground is here next to talk about whether or not he believes bill ayers is right. also coming up, benghazi whistle blower set to testify on wednesday. they are suggesting that the obama administration put politic s before security. former white house press secretary dana perino is just ahead on one e-mail exchange just surfaced which creates new questions for this administration

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>> megyn: an admitted co-founder of a 1970s domestic terror group is defending his actions. good old bill ayers surfaces again. remember him? he co-founded the weather ground underground, they bombed many government buildings. he was challenged by reporters this weekend as he gave the keynote address in honor of the students who were killed at kent state back in the '70s. he was asked about the boston terrorist attack and his past and he responded by saying, you

can't compare what the weather underground did 40 years ago with what the tsarnaev brothers did. he says the weathermen destroyed property, not lives. in an effort to persuade the u.s. government to pull out of vietnam. that was their cause, to try to get the vietnam war to end. but our next guest tells a different story. his family was personally targeted by ayers and his group one night in 1970. john's father was presiding over the trial of the black panther terror group at the time. he says his family was nearly killed when the weather underground planted fire bombs around their house and under their car with the family still inside that house. they managed to survive, but in the morning, they woke up to blood red graffiti scrawled across the sidewalk that read, free the panther 21, the viet cong have won, end quote, kill the pigs. john murtaugh joins us, city councilman in yonkers, new york. welcome back to the program. >> thank you. former city councilman.

>> megyn: thank you. kill the pigs is outside of your house after they tried to kill you. and by the way, just want to let our viewers know the weather underground, though it was never formally officially declared that they were behind it, not long before this, bernadine dorn, now bill ayers' wife, long-time partner, had written a letter to the associated press saying that in retaliation for what's going on in north vietnam, attacks will be carried on, on, quote, pigs, military and government buildings and agents without warning. so is there any doubt, first of all, that the weather underground was behind the bombing of your home? >> no. there were three bombings that night. our home, a police precinct and a military recruiting station. bernadine dorn took credit for all three of those and later one of her cohorts became a new york city school teacher, but she wrote her memoirs and she specifically took credit for the bombing of our house and, in fact, expressed disappointment that the bombs didn't do more damage, that nobody was killed and they tried to step it up

after that with dine night and nails. >> why were they after your dad? >> after my dad 'cause he was the judge at the time on the panther 21 trial, trial was ongoing. and they apparently didn't care who they went after, so they went after my father while he was asleep in his home with his wife and three of his four children. >> megyn: you were nine years old, asleep in your bed and what happens? >> middle of the night, early in the morning, washington's birthday, four bombs went off, two in the front of the house. there were bombs they had placed under the gas tank of our car, trying to blow up the whole works. the first two went off, a neighbor came out, saw the flames under the car and extinguished it before it we want out. >> megyn: ayers came out, keynote shooting, check race of the kent state victims in 1970, in which four students were left dead. he comes out and says, look, we were about property damage. that's all we were about.

no one guided the bombing and said, quote, how different is the shooting -- this is his equation of tamerlan tsarnaev and his behavior and his own behavior with the weather underground -- quote, how different is the shooting in connecticut, the newtown shooting, from a shooting at a hunting range? just because they use the same thing, there is no relationship at all. >> well, the notion that bill ayers and the weather underground were about property damage to make it sound like they were egging cars on halloween night is absurd. brian mcdonald, the police officer in san francisco who was killed by a nail bomb, i'm sure his family would feel differently. the nine children who were orphaned when the weather underground gunned down a bank guard and two policemen, i'm sure those children would feel differently. >> megyn: as they tried to rob a brings truck. maybe he's correct that no one died in the weather underground bombing. it was when they tried to rob the truck. they had to kill two cops and a security guard. >> they deny it. >> megyn: he goes on to say, quote, what would you have done? >> they deny it, but all

evidence is officer mcdonald was killed by one of their nail bombs. to the extent he can claim no one was killed by his bombs, the only difference between bill ayers and the tsarnaev brothers is that he was incompetent, apparently. i hate to make it sound flip, but apparently they just built better bombs. >> megyn: he went on to say, and i quote, we have a hard moral responsibility to look at the world as it is, to open our eyes. i am an activist. and again, underscored he believes in property damage to save the lives of 6,000 people who are dying per week in vietnam. >> i would ask him how many millions died after the united states left, but that's a debate for another day. what he did was not activism. what he did and what those like him did was terrorism. he has never apologized for it. i don't know how you apologize for murder, frankly. i don't think you can. but he's never even attempted. as you know, on september 11 itself, he was quoted in the "new york times" as saying the weather underground didn't do enough. they should have done more. >> megyn: you say at the conclusion of that interview, he said it was upbringing and his

subsequent radicalization, office child of privilege and i woke up to a world on fire and you say funny thing, bill, one night so did i. john, thanks. >> thank you. >> megyn: we'll be right back. ls are thinner than a surgeon's scalpel for our gentlest shave. switch to fusion proglide. gillte. the best a man can get.

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celebration. one of the victims just 31 years old, had recently gotten married. she and her eight brides maids, all nurses, by the way, were on their way to a party near san francisco. that's where her new husband was waiting and megyn, they were less than five minutes away. back to you. >> megyn: so terrible. claudia, thank you for that update. we are watching the federal courthouse in boston where we could see the release any moment now of the college student, robel philipos, accused of lying to police about the boston bombing suspect. we are back with that in two minutes ♪

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>> megyn: fox news alert. in boston, a friend of one of the suspected marathon bombers could be released to home confinement any moment now. as a hearing gets underway in federal court. welcome to a brand-new hour of america live. i'm megyn kelly. robel philipos was a college friends of dzhokhar tsarnaev, accused of repeatedly lying to the feds about what he knew with respect to his friend's involvement in the marathon bombings and/or his other friend's attempt to cover it up. federal prosecutors said last week they wanted to detain this 19-year-old because they believe he posed a serious flight risk. but in a quick turn of events, his lawyer and the attorney on the case hammered out a deal, we are told, that would release him with some serious restrictions on his freedom. first, the judge will have to sign off on this proposed deal.

that has not yet happened as far as we know. david lee miller is live outside the federal courthouse in boston with more. david lee? >> the latest, we have a producer inside the courtroom. she's telling us right now that court has not yet convened. we're also getting word that the defendant here, robel philipos, has about 50 friends and family in the courtroom, they are very quiet and solemn. he is is accused of lying to investigators and that is a federal crime for which he could receive up to eight years in prison. now as you mentioned, it does seem that the defense and the prosecution have agreed to terms of bail. the terms now, home confinement in the residence of a third party custodian, shall be monitored 24 hours a day using an electronic bracelet, and lastly, his release will be secure by secured bond in the amount of $100,000. over the weekend, his attorneys filed a brief and they explained and argued he is not a flight

risk. they say he was born in cambridge and say he was also raised in the area. he had nothing to do with what the brief described -- and i'm quoting, a horrendous attack. the brief also said, this is a interesting quote, this case is about a frightened and confused 19-year-old subjected to intense questioning and interrogation without benefit of counsel. it seems to a great extent they are trying to portray the defendant here as a victim rather than the perpetrator. meanwhile, this is now the fourth day that the remains of tamerlan tsarnaev have been in a worcester, massachusetts funeral home without a place to be buried. the city manager in cambridge is urging the family not to try and bury him in that city, saying the community would be adversely affected. tamerlan's uncle, who has custody of the body legally, wants him to be buried in the united states, preferly cambridge. so far no cemetery has said they are willing to do so. lastly, we are waiting for this hearing to get underway, u.s. federal courtroom here in

boston, the defendant, robel philipos, accused of lying to investigators in connection with the alleged cover-up of the boston marathon bombing. megyn? >> megyn: david lee miller, thank you. if you missed it, mark furman discussed this and he suggested these facts to him as a former homicide detective suggest robel philipos may have cut a deal. why are we sudden -- why did we sudden glee as the u.s. attorney's office from he's a flight risk to all right. he can sit at somebody's house and watch tv while he awaits trial on these felony charges in connection with the terror case on $100,000 bail? we'll find out whether he's turning on his other two friends. here is a little more for you on robel philipos. the 19-year-old was a student at the university of massachusetts dartmouth, but not actively enrolled at the time of his arrest. he is a u.s. citizen, born in boston and raised in cambridge. earlier we were told he was a naturalized citizen. apparently he was born here. he lives with his mother, who is from ethiopia. their cambridge apartment is right next to the gas station

where the tsarnaev brothers allegedly carjacked a vehicle. he's also a 2011 graduate of the same prep school that dzhokhar tsarnaev attended and as david lee mentioned, if he's convicted of lying to the feds here action he face has maximum sentence of eight years and a $250,000 fine. these are serious charges. his lawyers are right, there was no lawyer present when the f.b.i. showed up to question him. but that apparently did not stop him from lying, not once, not twice, not three times, but apparently on the fourth time he got it right, say the feds. we'll see how this shakes out momentarily inside that courtroom. back to our breaking news from last hour. the obama administration is now rejecting a u.n. report suggesting the syrian rebels are to blame for the use of chemical weapons over in syria. the white house press secretary, jay carney, saying just a short time ago, if anyone is to blame for the use of chemical weapons

there, that the obama administration does now believe it is the syrian regime. listen. >> we are highly skeptical of suggestions that the opposition could have or did use chemical weapons. we find it highly likely that any chemical weapon used that has taken place in syria was done by the assad regime. that remains our position. >> megyn: it's highly likely, he now says. so at what level are we there? i mean, they were saying they wanted to do chain of custody analysis and so on. at what level do we come out and say, this was assad using chemicals weapons on his own people, which we said was a red line. are we inching closer to that? israel is beefing up its own defensed today, preparing for a possible revenge strike gets it after a series of air strikes over the weekend targeting syria for which some in israel claimed responsibility. leeland vittert live with the

latest. >> israel has basically said they're willing to take the calculated risk of causing a war or provoking a war here in this very volatile part either world to keep missiles out of the hands of the iranian proxy, hezbollah. smoke still rises from the depot that once housed precision guided missiles bound for hezbollah in lebanon south. sources confirm they arrived on cargo planes like these from iran and they are then transferred by ground to the militant group. for the second time in a week, israeli bombs stride them enroute. syria called the attacks an act of war and says despite their own civil war, they will respond. this is israel's insurance policy. they were about five or six miles from the syrian border. while it is clear, their rhetoric and in terms of their actions today, that israel is

not looking for a war, they are certainly ready for one if it comes. it can either come on the ground here on the golan heights or from the air and to that end, israel has deployed and iron dome missile defense system to protect from missiles that could either come in from hezbollah or from syria itself. israel has said they will continue the strikes to prevent the transfer of weapons to hezbollah if they have the intelligence to act upon. many people have compared that here to pulling the trigger in a game of russian roulette. at what point is president assad going to respond? today he spoke to a quitey newspaper and said the next time he will do it, only time will tell if israel feels as though that's a risk worth taking. >> megyn: leeland, thank you. for what it means for america, ralph peters is here, author of the book "hell or richman." good to have you here. >> great to be here with you. >> megyn: your reaction now to

this news. is this significant that carney is saying no, no, we believe it's highly likely it was receipt scream that used these weapons, that's number one, and then these air strikes that we saw by israel over the weekend. >> well, carney statement, they're worried. the white house doesn't know what to do. they do not begin to have a grip on this situation. the intelligence they do have suggests that the assad regime is the player using chemical weapons. but i think the uncertainty is such that my primary worry now for the u.s. and our security is that obama is going to get into the game too late with too few chips. >> megyn: we don't know who we're arming. >> that's exactly right. >> megyn: if we arm the rebels or do something to help the rebels, who are we helping? it started as this organic, we were told, protest against the assad regime and now we don't know what we have on our hands. >> i actually suspect you and i may have a better grip than the white house does for the simple reason that they're seeing everything through political

lens. when it gets down to strategy and life or death security issues for our country and others, you got to strip out the ideology, right, left, doesn't matter. you have to get at the objective facts in the case. the facts right now is that syria has already turned into a regional war. fought by proxy action. turkey, israel, hezbollah, hamas on the fringes, al-qaeda, this is redrawing the middle east and frankly, the obama administration is a deer caught in the headlights of history. >> megyn: why did israel step in now and drop these bombs suggesting that syria was transporting arms to hezbollah, which has been an ongoing nuisance and headache for israel. but why did they do that now? is it related in any way to our threat of red line, if we see chemical weapons used or are these totally unrelated? >> they're definitely related. i think unlike the obama white

house which apparently sees 50 shades much red, the israelis see a sharp crimson line and the israelis act when their security is at stake. and they were hitting missiles. they were coming hezbollah, to target israelis. they weren't intervening directly in syria's civil war, multi layered civil war. they -- >> megyn: because iran is funneling those weapons. >> exactly. syria is allowing it to happen. but israel will rightfully and forcefully intervene when its own security is at stake. those missiles that were in the shipment can hit tel aviv with great accuracy. deliver a quarter ton of munition, which can do a lot of damage. they're worried about air defense weapons coming in. as a supporter of israel, life long supporter, ever since i saw paul newman in "exodus" 50 years ago, that did it for me.

propaganda works. but i really worried about israel because iran is going to pull out the stops. israel may get sucked into this, and it is turning into a bloody regional war. it's changing the borders of the middle east. they were drawn dysfunctionally. i don't want to sound alarmist, too many people do. but i really fear that this could be the defining war, regional war with double implications of this generation. >> megyn: on that front, the syrian deputy foreign minister came out and said that those air strikes by easy real were a, quote, declaration of war and that they would retaliate in their own time. do you believe that and what -- >> no. >> megyn: if this turns into something between israel and syria, that's not great for us, is it? >> no. well, i think israel can take care of itself at this point where the fighting is right now. but the syrians had to say something. it's just bluster because they've got their hands --

>> megyn: they got enough problems. >> right. but what israel has to worry about and is anticipating with the movement of those iron dome air defense systems that are in israel is hezbollah trying to pull something. there are so many players and so many moving parts that despite the humanitarian concerns that i know you and i share about what's happening on the ground, i don't want to blunder into this. if we're going to do anything, we got to get it right and it can't be about politics. >> megyn: yeah. we may have slept through the opportunity. ralph peters, thank you. >> thank you. >> megyn: sounds very interesting, coming up, new reaction today after president obama tells a graduation class to beware of those who warn about the tyranny of big government. lou dobbs is here next to explain what the president is suggesting these folks do instead. plus, the accounts from those benghazi whistle blowers suggesting the white house and the state department knowingly put politics over security in the aftermath of the terrorist

attacks. former white house press secretary dana perino thinks this raises all sorts of new the rhetoric coming out of the white house on benghazi over the past week or so. she's here live

>> unfortunately, you've grown up hearing voices that incessantly warn of government as nothing more than some separate sinister entity that it's root of all our problems. some of these same voices do their best to gum up the works. they'll warn that tyranny is always lurking just around the corner. you should reject these voices. because what they suggest is that our brave and creative and unique experiment in self-rule is somehow just a sham in which we can't be trusted. >> megyn: that was president obama giving this weekend's commencement address at ohio state, cautioning the students not to listen to those who warn about the dangers of big government, a message that had

critics furiously searching for chavez quotes today. lou dobbs is with me now. >> we found a few. >> megyn: is that right? >> if i could just point out, you mentioned tom jefferson, he said this great president said, when the people fear the government, there is tyranny. when the government fears the people, there is liberty. you couldn't find a more antithetcal view from president obama than thomas jefferson and i would suggest to you that's an uncomfortable place for president obama to be, the antithesis of thomas jefferson. what he was saying to these graduates at ohio state, he seemed to have lost his way there at some point, as if he were talking to preschoolers rather than graduates of a great university. to say that you can trust me as your president? just please, go along with the program. but interestingly, he didn't mention programs. he didn't mention policy.

he talked about trusting in his authority and invited their participation. we know there are limits on the participation he expects from citizens. these graduates will learn that as they get a little older. this was a -- this speech was wreckless, wrong headed, and i think he will regret ever, ever going near the state of ohio to give it. >> megyn: the president likes to in some of these speeches, set up straw men and knock them down. that's where you create a false argument only to debunk it. you haven't debunked it because nobody was making that other argument. he went on to say, look, we've never been a people who placed all of our faith in government to solve our problems. we shouldn't want to, but we don't think the government is the source of all our problems either. that is not what his critics are saying is that the government is the source of every single problem we have in this country and need to be distrusted. people who are out there have a legitimate, healthy distrust of

government for a reason that doesn't mean they think all of government is bad, but they distrust, quote, the man, the, big brother government. >> this government has always been mistrusted by americans. it is a strain that runs throughout our culture, our history, our heritage. it is who we are. we were born in revolution against government. we persist in that revolution, although it is only in our thinking and in our views of government in which it resides. it can be inflamed into reality and it would do so -- i think that would occur if we were to see people begin to listen to this kind of nonsense. here is what i think most people should pay very great attention to. the president said, you should reject these voices. those words, you should reject these voices, those five words are, to me, a talisman of our

time. people are not discussing, this is not a national dialogue or debate. this is one side rejecting the other. the other -- >> megyn: don't even listen. >> exactly. in is not a leader speaking. this is a man whose ego is unsatisfied and frustrated and who i think, unfortunately, has said things to young men and women that is the opposite of what he should be saying because they have been fortunate enough to be born in the greatest country on this planet. they have been fortunate enough to hear some of the most able minds and to benefit from some of the greatest technological innovations and this man boils down their life to unfortunately, you've grown up hearing voices that inkressantly warn of the potential of government tyranny. that is a man whose values are, in my opinion, skewered and suitly -- >> megyn: that criticism doesn't come out of nowhere.

it's not like people are constantly always saying the government -- >> because it has an origin doesn't make it rational. >> megyn: an expansion of big government over the past 4 1/2 years. obamacare is one, stimulus spending. you can argue about whether or not they're great things burks it did she there has been -- there has been debate about whether we're getting too dependent on the government. >> do i have time to share something? >> megyn: real quick. >> the founders trusted us with this awesome authority. we should trust ourselves with it. the folks that were just watching and listening to that president aren't invested with that authority. only he is. he is misconstructing and destroying the english language in the way in which he diagrammed his own sentence. it was preposterous. >> megyn: diagram. [ laughter ] now we got to go. >> oh, fine. >> megyn: lou will have a chart

on the sentence diagram liter. >> we will. >> megyn: thank you. we have break news on the soccer referee who died this weekend after being assaulted by a teenage player. one punch in the face and now the ref is dead. we'll show what you police told our own adam housley i turned 65 last week.

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guilty o tax evasion and wait until you hear why. lauryn hill faces up to three years in prison after failing to pay hundreds of thousands in dollars she owed uncle sam. but a report claims she has now paid all of her overdue taxes and as for why she didn't pay them to begin with, you need to hear this story from trace gallagher. trace? >> it's amazing what a threat of three years in prison will get that checkbook out quickly. on top of the federal $540,000 she owed in taxes, 400,000 plus if state taxes. this was about the federal case,

but lauryn hill on april 24 was told by the judge, pay up or go to jail. two weeks later, she paid up $970,000. not like she was ever broke, right? she just refused to pay. the case deals with $1.8 million she made between 2005 and 2007. but those are the years that she dropped out of society and took her family with her. hill explained herself in a 1200 word manifesto posted own line when she accused her record company, among others action of lying to her, controlling her, and ripping her off, saying, quoting here, as my potentially work was being threatened, i did what needed to be done in order to insulate my family from the climate of hostility. false entitlement, racial prejudice, sexism, and ageism that i was surrounded by. as for not paying her tax, she fully expected uncle sam would give her a break while she was, quote, healing and detoxing and then she said, quote, obviously

the danger i faced was not accepted as reasonable grounds for deferring my tax payments as authorities who despite being told all of this still chose to pursue action against me as opposed to finding an alternative solution. another solution was cut us a check for $970,000. her lawyer says she did that today. she will not apparently now go to prison for three years. her album, by the way, the miseducation of lauryn hill in 1998, she won five grammies for that album. she sold millions and millions and millions of copies and now she's got a new record contract with cbs that might have ponied up some of the dough to help her pay this bill. >> megyn: the aptly titled miseducation of lauryn hill. pay on her own time frame. you've been under a lot of stress, we understand why you paid nothing. all right, trace, thank you. >> okay. >> megyn: can you believe you can't make this stuff up. breaking news up next on the

college student under arrest for lying to investigators. robel philipos, about these boston bombing suspects. the judge has just issued a ruling. plus, benghazi whistle blowers set to testify this week suggesting that the obama administration put politics before security. now a series of e-mails have emerged showing exactly who was communicating with whom right in the wake of the benghazi attacks and former white house press secretary dana perino says it's incredible to her, now having heard about the e-mail chain that night that jay carney has been saying what he's been saying about benghazi just this week. she's next. >> benghazi happened a long time ago. we are unaware of any agency blocking an employee who would like to appear before congress to provide information related to benghazi mine was earned in djibouti, africa. 2004.

vietnam in 1972. [ all ] fort benning, georgia in 1999.

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did that night. today he was released to his mom under conditions he wear a gps bracelet and not leave his home, again, $100,000 bond. that's pursuant to the recommendation of the prosecutors. he is due back in court in less than two weeks. also, listen to this, moments ago, a boston area funeral home confirmed that it has spoken to the mother of tamerlan and dzhokhar tsarnaev, this is videotape of his body being removed from the hospital and brought to the morgue and you can hear the jeers. the mother is interested in having his body sent back to russia if possible. and we will see whether it goes there because so far, there haven't been any takers here in the united states in terms of the funeral homes. also breaking this hour, the white house just issuing a new denial that it knew anything about efforts to block state department whistle blowers from telling their story on capitol hill this week. we're told those whistle blowers will tell lawmakers on wednesday that on the night of the attack,

september 11 of 12, then secretary of state hillary clinton knew more about requests for additional security than she has let on and there is a detailed e-mail exchange in the days that our next guest says looks particularly damning to this administration. our guest, dana perino, and co-host of the five here. as i look at the exchange documented -- well documented by steve hayes of the weekly standard, he goes through what happened on friday, the terrorist attack was on a tuesday and on friday it shows this state department in a scramble to cover their own backsides. >> remember what happens on friday night at the white house, megyn, is you get ready for the sunday shows. not like you go out for happy hour. you have to get ready. that was big one. remember ambassador susan rice was chosen as the one to go out to do all the sunday shows and you get the talking points on the friday night. they go through an interagency

clearance process. what surprises me about this is that you see communications people, victoria nuland at the state department saying to the group, these will not pass muster with my leadership. revise, because we don't want the state department to look back. >> megyn: let me just jump in and tell the viewers what the original draft was saying that came from the intel people. i've got sort of the red line copy and the black line copy shows what was crossed out after state raised an objection. victoria nuland on behalf of her boss. this is what they took out, this is what we were supposed to be telling susan rice to tell the world, but we didn't. on 10 september, agency notified embassiy cairo of social agency reports calling for a demonstration and uncouraging jihaddists, stricken. the agency produced numerous pieces on the threat of extremists linked to al-qaeda in benghazi and eastern libya.

stricken. all of that came out because it looks, it appears that victoria nuland was voicing her, quote, serious concerns about that draft and worried that members of congress would use the talking points to criticize the state department for, quote, not paying attention to agency warnings. right on, victoria! >> yep. she's spot on. and as a communications professional, i can understand trying to put the best spin on it. i could never understand asking the intelligence community to absolutely change the facts of the guidance they were providing and then two days later -- that's friday night. they go through three rounds, there is a 6:30 round, another one at 7:30, another one at 9:30. now they're getting somewhere because basically they're going to blame a video that they have -- this comes out of nowhere, susan rice goes on the sunday shows -- >> megyn: governor we get to susan rice. as you say, they go through several drafts of this and victoria keeps writing back that her superiors remained unhappy.

the changes she wrote that they took out all this stuff, quote, did to the resolve all my issues or those of my building leadership and moments later, this is according to steve hayes reporting again, citing the house report -- white house responded by staying the state department's concerns who have to be taken into account. that's your old job. that's you of the current administration -- >> that's basically saying, fix it. >> megyn: do what she says. >> we're not going to have any more discussion about this. okay? this is what you're going to do. this goes back to so many different things. one is just last week when press secretary jay carney said, benghazi was a long time ago. i wonder who is not protecting jay carney at the white house or why is he not protecting himself? because these e-mails come out -- this whole discussion that victoria nuland has, it's public two days later. it makes him look like he either didn't know or hoping the press wouldn't cover it inform diminishing what happened. >> you have to wonder if the

time bureau chief, jay carney of yesterday -- >> megyn: that was his job before he took over. >> would look at this with a fresh eye that he -- if he's reporting, he's looking at all of this, would he think that something does not add up and one of your jobs as press secretary is play the role of a reporter and to say to them, i'm not changing those talking points. what's factually incorrect is you have to protect the president and we need to do the right thing. the right thing hopefully will be done on wednesday when there is finally a hearing about it. >> megyn: what do you make of the strong arming that appeared to be going on by victoria? nobody cares what she thinks, with all due respect to victoria. she worked for hillary clinton at the time. >> she said leadership above her would have been -- i suppose the chief of staff, the deputy secretary of state or the secretary of state herself, somebody was saying, we at the state department -- maybe they're right. maybe all of this is just a huge

misunderstanding and they would be better off to come out and just lay it all out there. instead they dragged it on for so long that now we're just looking at the black and white of the these e-mails and realizing there was some sort of not just cleaning up of the talking points, but wholesale changes and asking the intel community to go along with that is surprising and i cannot believe that the intel community agreed to do that. >> megyn: the thing is, let's take a step forward now, so then susan rice goes on the sunday talk shows. it's about a video, it's a video. wasn't preplanned or premeditated. despite all that stuff i just read to the viewers that had been black lined out of the talking points, and then reports start to surface. cbs has been doing good job, catherine herridge and jennifer griffin were all over it. >> steven hayes. >> megyn: a few, not everybody, started challenging the official version. and started to sakes wait a minute. then it comes out, there were no protests. there were no protests at all prior to. it was calm at the embassy prior to this attack.

and we know who was behind it. and the al-qaeda element and all this starts to come out and rather than saying, you're right, they try to tell us they were being straightforward all along. >> and don't forget, the president and hillary clinton tape a joint public service announcement for the people of pakistan to tell them, we didn't have anything to do with the video. the video didn't have anything to do with benghazi. they would have been better off just ripping this band-aid off earlier and also here is the other thing. if they tried to fix this because they thought it was going to hurt the president in the reelection effort, i think they're wrong. i think america would have said, it's impossible to get everything right all of the time. what are go we going to do to make things better in the future and they would have given them a pass. instead they drag it out. >> megyn: now there is a question about whether they may have saved barak obama's reelection and damaged hillary clinton's election chances. i realize the main stream media has not been all over benghazi. but these e-mails are not good

and the whistle blower testimony and it's their perspective and there will be other perspectives already will come out contradicting what the whistle blowers are going to say, which is they put politics ahead of security. the question is, as somebody who has been in politics for a while, whether you think this will hurt her and her chances, 'cause so far everybody has been saying she's unstoppable. >> she's like defies teflon. i don't know. i think it's too soon to say if it will or if it won't hurt her in the future. i do think that if you are just -- if you're john q. public and you're reading this in the morning paper, hopefully, if you get to read it in your morning paper, you would think, well, this further reduces my confidence in our government. and that's the bigger, sadder piece here. there was a stand down order that was given. you're going to hear a lot about that, aside from the communications part, a stand down order was given. that's the accusation by the whistle blower that was the second in command -- that has been refuted by someone who says

no, that's not true. there was no stand down order. >> megyn: challenged. >> somewhere in the middle there as a lawyer, you could say, let's set out all of the evidence and decide what is the truth. >> megyn: that's right. and there will be different versions. but the viewers and the american public will get to hear a version that they have not yet had fully shared with them. now there is questions about the folks who did the internal review at the state department in the first place, whether we need -- we are going to review that review and on it goes. we'll be all over it tomorrow and wednesday. thanks. break developments in the case of an amateur sporting convenient that turned into a tragedy. we look at whether a teenage soccer player could now face murder charges after punching a ref over a call. the ref died this weekend. that's next. [ phil ] when you have joint pain and stiffness...

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and i decided i would never, ever leave it anywhere. because that wonderful, bouncy, roll-arod thing... had made you play. and that... had made you smile. [ announcer ] beneful. play. it's good for you. >> megyn: fox news alert on the death of a soccer ref who died after a player punched him for issuing a penalty. fox news just learned police investigators will meet tomorrow with lawyers from the d.a.'s office in salt lake city, utah and decide whether additional charges are in order against the 17-year-old player who is now facing charges of aggravated assault. adam housley picks up the story from there. adam? >> not too much of a surprise this is going to happen now the referee passed away. he died on saturday, roughly one week after he was attacked. he had given a yellow card to a player. when do you that in soccer, you look down to write the player's name and number in a book in case he was to get a second

yellow card. as he was writing his name down, he got punched in the side of the head by the player. he would eventually fall into a coma, have to be taken to the coma and died saturday evening. he was a father and grandfather. now we're told by the salt lake city police office that they will meet tomorrow with lawyers from a district attorney's office that will screen the case. following that meeting, they will determine what, if any, additional charges will be made against the 167-year-old accused of assaulting this referee. at some point tomorrow, we're not using his name because he's a 17-year-old. his name has not been released anyway. right now you said he's facing aggravated assault. again, these charges are expected to be increased significantly, whether it be one charge or more, that will all be determined. again, that meeting is tomorrow. we'll give you updates as that comes back to us. >> megyn: adam, thank you. what should they do? joining me to discuss it, lis wiehl, and mark, former prosecutor, now defense attorney.

lis, they could upgrade these charges to manslaughter or worse? >> they could actually upgrade them to murder. then you're looking at intent. from what we know, there was no intent to cause death. so that would be a second degree murder charge. you can't have premeditated murder without intent. i'm thinking also voluntary manslaughter, not involuntary manslaughter, but voluntary manslaughter, meaning he caused, he precipitated the actions that caused this man's death and could he or should have known that punch would lead to his death? yes. it's vous. aggravated assault is not enough here. >> megyn: what do you make of it, mark? in no way to justify this kid's, 17-year-old's behavior, but is it foreseeable? should he have known a punch in the head was likely to cause death? >> before i answer it, let me just say this, if i'm representing him and i have and i continue to represent 17, 16, 15-year-olds who do abhorrent things, the first thing i do on a case like this is i let him

reach out to the family and let them know how sorry he is that in no way did he intend that to occur. it's not a who done it. it's a question of what's going to happen. i don't think, first of all, this was intentional. he didn't mean to kill him. he obviously intended to harm him. for that he should be held accountable. i alsoer, as a defense lawyer don't say he shouldn't be held responsible for the death. he should. the question is what's the appropriate penalty. i looked at the utah statute. i would try, probably unsuccessfully, but i would initially to get them to charge him with negligent homicide, which although a misdemeanor, could make him go to jail for up to a year. that is if his actions were negligent and a cause of death. >> no, no. i'm looking at the utah statute. voluntary manslaughter here under utah law is something that occurred -- something unusual occurred to provoke a person. the provocation, of course, was that yellow card at the soccer game. that's what started this whole thing. that sits under the -- fits under the utah voluntary manslaughter law, which is a step down from second degree

murder, but way above misdemeanor. >> megyn: i want to talk about this. this ref was 46 years old. a young man with a family and he suffered. he suffered a great deal after that punch before he died. we'll take that into account next [ male announcer ] this is betsy. her long day of pick ups and drop offs begins with arthritis pain... and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪

i'm advocating he's held responsible, but no no way should -- in no way should he be

analogied -- >> he's 17 years old, that's not a kid and he took someone's life. a father and grandfather. >> i didn't say give him a detention and smack on the wrist. >> megyn: i want to ask this, does this change the way people need to be thinking about fights in the future, right now if, punch somebody in a bar after this -- >> it's foreseeable. absolutely foreseeable. you hit somebody in the head at a bar, at a soccer game, at whatever, you hit someone in the head, that's absolutely foreseeable. >> megyn: got to run. hard break. >> megyn: got to go. we'll be right bac with angie's list, i save time, money, and i avoid frustration.

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>> megyn: thanks for watching. here's shepard. >> shepard: the news begins anew. tragedy in northern california. a new bride and four of her friends, dead in a limo fire. we'll have the latest on the investigation, and there are now details. a teenager accused of lying to investigators about the boston bombing. this teenager. today released to the custody of his mother. why did the judge let him go? and why do prosecutors agree with the move? and the jury deliberations continue now in the murder trial of the woman accused of shooting and stabbing to death her ex-boyfriend. jodi arias, at it, unless breaking news changes everything on "studio b." >> first from fox at 3:00 in new