it's flag day, so get out there and fly old glory. and it's rare that jenna lets me out the the army because of her navy connections, but 238th birthday of the u.s. army. >> happy birthday. go army. thanks for joining us. >> "america live" starts right now. fox news alert on the president deciding it is time for america to jump into the civil war that's raging in syria. welcome to "america live." i'm megyn kelly. after weeks of down playing the president's threats towards the syrian government, the white house decided it is ready to intervene in the civil war there and announced it through a white house deputy. the administration now saying that it has conclusive evidence that chemical weapons have been used as early as august of last year. the president has said that he has made it clear to president assad's regime that chemical weapons would be a game-changer. by december 3rd of 2012, president obama again warned president assad that the use of

chemical weapons would be "totally unacceptable." a couple of days later, u.s. officials said weapons had been loaded into bombs. by march 12th, president obama said the u.s. was investigating reports that chemical weapons had been used but he said we needed to find out precisely whether that red line was crossed. in late april, u.s. intel said there was evidence of the sarin gas, but the evidence was not conclusive. the president talked about needed to establish a chain of custody, as you would in a courtroom. that brings us to this week. the white house announcing it now has conclusive evidence in its view that chemical weapons have been used and that they have killed between 100 and 150 people, in a civil war that's taken at least 90,000 lives. reports yesterday that we will now ramp up our response. at this point, we don't know exactly what that response will be. we have only heard from the deputy, we have yet to hear from

the commander in chief. his jaw dropped when he heard that president obama through his deputy tells us he still needs to discuss what we're going to do exactly when the president meets with our allies next week. >> here's a president that's been saying for months, for years, that a red line is the use of chemical weapons. finally after allies have determined it was used, after a standards, he gets his own report that yes, it was used. that's announced today. so the red line is now officially crossed. you would think they would actually have considered what you do on the day the red line is crossed. this is really astonishing. you say it's a red line. you announce what's happening. you say i'll talk about it with allies next week. >> chris, so charles's point is we've been talking about this for months, the timeline we just went through shows. it's no mystery, we believe this is a red line, nor is it any

mystery that there were reports they were using sarin gas. now that we've established this chain of custody to president obama's satisfaction, well, we need to sit around and think about it more. his criticism is why wouldn't the commander in chief have a plan for this, and now some are already saying because the reason is because this decision has a lot to do with politics. and it's not just a pure let me review the evidence and make a judgment call type decision. >> well, the president certainly has left himself open to criticism that he lacks political courage when it comes to foreign policy and national security. the unhappy end to the war in afghanistan. my goodness. he had two surges but wouldn't sell the war. the nsa surveillance that's going on now. he is letting others defend it for him. this genocidal civil war in

which we have two sects of islam, neither of which seem to be exactly feeling good about the united states in the west. if this war is -- the idea of getting involved is widely unpopular. americans don't think this is something that we should be wading into. so it's understandable that the president wouldn't want to put his already diminished political capacity in further jeopardy by degree next to this war. >> but you, in your power play column today, suggest that there is some questionable going on inside the beltway about whether the timing is good for war, since all the other news for the president is bad, reading from power play. >> well, i think i said something to the effect of genocidal civil war in the middle east can only sound like good news if everything else is really, really bad. and for the president, who is facing this hideous litany of all of these stories here at

home, everything is bad. he has this reverse midas touch that's going on now. every day is a new revelation that upsets a new group of americans. yes, by comparison, talking about the syrian civil war and as the president gets ready for some globetrotting, going to europe, going to africa, doing all of this stuff, he understandably might want to focus on other things. but i really, really think deep down, this is a manifestation of the weakening of the president and his weaker and weaker hand as he becomes easier to push into things like this, because let me promise you one thing, counselor, this town, official washington very much wants this war, regardless of what the folks at home think. >> all right, so if we are taking another step toward getting involved in a war, in syria's well-publicized civil war, why didn't we hear from the president? this is a telephonic conference call by ben rhodes, who most

americans have no idea who he is. why wouldn't we hear from our commander in chief about, you know, he was on camera so many times talking about the red line, the red line, the red line. now we hear from ben the red line's been crossed and we're going to step up military efforts among other efforts, without outlining what they are? no one even knows who this guy is. >> well, and here's the thing. for the president, he doesn't -- remember gay marriage? the whole thing about the president becoming personally okay, his evolution that led him to being okay with same-sex unions, even though he thinks it's okay for states to pan the practice. they let joe biden -- they let hillary clinton and a couple other people act as sort of stocking horses to soften up the grounds, so that when the president himself had come in, the way had been cleared substantially. he's not into staking out a bold position and then rallying people to the cause. he lets other people suffer the

consequences, test the waters, go ahead of him, and then once it's safe, he proceeds. >> i mean, it would be nice if we're going to get involved in one of the bloodiest civil wars we've seen in some time, as i say, tens of thousands of people have been murdered and tortured and now we're saying we're getting in to some extent, we're increasing -- so far we've been sending food packages. now they're talking about stepping up, not boots on ground, but something short of that. what is it? it would be great if we could talk to the commander in chief about that. it would be great to hear from him. on what exactly he is thinking about before he goes and, you know, talks to the friends in europe about what they think. but so far, that's not happening. chris, thank you. >> yes, megyn. >> we'll have much more on this when our full panel joins us at 2:30. where is our commander in chief? what is he considering? why doesn't he discuss it with the american people before he talks about with it the g8? the assad regime reportedly has

stockpiles of several deadly nerve gases including sarin, blister agents and something called zx, which is the most potent, we're told. it can cause convulsions, loss of consciousness, paralysis, and respiratory failure, possibly leading to death. because it evaporates slowly, it can be a long-term threat. the white house, through mr. carney, will be briefing reporters this hour. we will monitor that for any remarks on the plan. what are they? what exactly are we doing? what are we not doing? would be great to know. we'll try to get more details for you as they are released. new details in the irs scandal. the national review online reports that the agency has indeed fired one of its top directors in d.c. we told you about holly paz. she was the director of the rulings and agreement office that was heavily involved in this whole irs scandal and we're told that she oversaw both the tax law specialists who provided

guidance to the agents in cincinnati reviewing the processing of tea party applications, among other duties. she was also the one who sat in on all the meetings that the inspector general had with the low level pelosi. she was their boss. he was criticized for that saying if you want to ask the employee who was responsible for all of this, it's probably not a good idea to have -- actually their boss's boss sitting in on the meeting. what if it was her? what are they going to say, right? we told you earlier that she had left the position, but the irs refused to confirm the circumstances. well, she's been fired. meantime today, we are learning that the fbi has yet to contact any, as far as we can tell, of more than two dozen tea party groups who say that they have been targeted by agents working under holly paz, and yesterday, the head of the fbi, they're supposed to be coordinating all this, had few answers when congress grilled him about what they have learned in their month-plus investigation so far. listen. >> what can you tell us about

this? have you found any -- have you found the now infamous two rogue agents? have you discovered who those people are? >> needless to say because it's under investigation, i can't give out any -- >> can you tell me some basics? can you tell me how many investigators you've assigned to the case? >> may be able to do that, but i'd have to get back to you. >> can you tell me who the lead investigator is? >> off the top of my head. >> the most important issue in the front of the country, you don't know who's heading up the case, who the lead investigator is? >> at this juncture, no, i do not know. >> we'll speak with congressman jordan when he joins us live next hour about that exchange and whether he is satisfied with what the fbi director testified to. fox news alert now. we are following new developments out of south florida where dozens of people were hurt after a deck collapsed at a packed sports bar outside of miami. a live presser news conference expected to begin in moments. phil keating is live at the scene.

phil? >> reporter: a critical game for the defending nba champion miami heat down two games to one, every sports bar in miami was absolutely packed and having a party last night. here at shuckers, same story. about 100 people were out on to that deck right above the water. as you can see, that deck now buckled and submerged into the bay. tourists plummeted into the water around 9:45 p.m. in the darkness and soon in downpouring rain. as they swam to safety, heroes jumped in to help. about 25 people were taken to local hospitals. two remain in serious condition. injuries include lacerations and broken bones, but everyone survived, and no one is missing. inspectors out this morning on boats and on land taking photos and analyzing the pylons and buckled deck. the cause still under investigation. here is that live news conference right now happening in north bay village. the police chief just spoke saying that the structural

integrity and the blueprint of that deck all being reviewed over the weekend. it should have been able to support 100 people, as was supported. so clearly, it looks like something wrong with the deck. back the you. >> thank you. vice president joe biden just the latest on the left to lash out at texas republican senator ted cruz. blaming him for what the vp says as big problems in the gop. just ahead, we'll look at why the left seems to view this senator as such a big threat. what is it about mr. cruz? and the sentence now a milestone concerning the future of our nation and its racial makeup, saying whites are now on course to be a minority in america much sooner than expected. and for the first time, the under 5 crowd is already set to become in the minority. whites are in the minority. we're going to take a look at the political and social implications of this.

coming up. and the obama administration and fema standing firm, deciding not to provide any more disaster relief to a community almost levelled bay industrial blast. we'll talk to the mayor of west, texas, about their outrage at fema. hey kevin...still eating chalk for heartburn? yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief!

we'll be there even after the cameras leave. and after the attention turns elsewhere. your country will remain ever-ready to help you recover and rebuild and reclaim your community. [ applause ] >> but there is a real question about whether barack obama has lived up to that promise now in west, texas. where fema has now officially rejected that city's request for additional funding in the wake of the disaster we saw take place there with the explosion of that further-- fertilizer

plant. the mayor of west, texas is outraged. he joins me now by phone. mr. mayor, thank you very much for being here. fema basically says you've gotten $16.6 million, or you're going to, out of them under the emergency declaration already signed by the president. that is enough because the state of texas has got a lot of cash and you can afford the rest yourself. your thoughts? >> well, i hate to hear that. but the moneys that have been allocated through fema are for individual assistance, and that hasn't been affected by the decision of this week. what the decision does do is affect public assistance, which is for infrastructure and repair of the roads and the waterlines and the sewer lines that were damaged by the explosion, along with the school that is underinsured and needing additional funds as well. so that's where we stand right

now. i've talked to the governor's office. they are preparing a letter of an appeal, so we'll see where they go. >> i don't understand, because originally, it seemed like fema was suggesting that the explosion was not of the severity and magnitude that warrants a major disaster declaration that would open the floodgates to more money. but now they seem to be saying you got $16 million and you can afford the rest because they claim you have $8 billion in a rainy day fund, or you will by 2015, so they don't think fema should have to pick up the tab. so which is it, that they don't think the disaster is bad enough, or that they think you guys have deeper pockets than fema does? >> well, one, if they saw -- if they came down here and actually paid attention and saw what i see, and that is the devastation that happened on april 17th, there's no question in my mind that that's a disaster. the city of west lost 65% of our

water revenue overnight. 35% of our tax values overnight. if that's not a disaster, you can ask any city in america, if that's not a disaster, i don't know what they consider a disaster. because that in itself is a disaster. now they don't want to help us and now it's a blinking match, i guess, between the state of texas and washington, and no one wants to blink first. and so we as a city are sitting here in the middle -- i can tell you that the city of west surely doesn't have deep pockets, and our an jewel budgnual budget is and we're talking millions of dollars to get this fixed. >> and do you think that the president -- because governor rick perry has come out and said -- this is a quote from governor perry. the president looked into the eyes of the people of west and said we're going to do everything question to make sure you're taken care of. this does not square with that.

do you feel this is a breach by the president? >> well, you know, i think he's a man of his word. i trust him at that. i think that maybe the outrage that occurred a couple of days ago with me contacting a few media or a number of media groups maybe have opened their eyes, maybe they were just thinking we would go away and just lay over and play dead, but we're not. i'm passionate about this town. i will do whatever it takes to champion for this town. and so that's what i did. and maybe they will realize they need to revisit their decision again. i don't know. i don't know what to make of the description or definition of a disaster. he said he'd stand and be behind us all the way. well, like i said before, he's so far behind us, i can't see him anymore, and he needs to be beside us, not behind us.

>> do you have any reason to believe that politics are at play here? >> you know, i hate to think that. this is not a time for politics. this is not a time for red and blue. this is a time to stand up and help a town that got devastated by an explosion that was not of our making. yes, it was a manmade explosion and yes, the people should have more insurance, but they don't. and so we're sitting here asking -- we don't ask very much in this town. we're a very proud people here and we don't normally ask for anything. we can pretty much take care of ourselves. but in this case, this is a little bit bigger than what we can handle and that's where i think the government should step in and at least help us in some way, some token. >> mayor muska, thank you very much for being here. >> thank you, megyn, you have a great day. >> all the best to you, sir. coming up, vice president

biden launching a new attack on ted cruz. why does the left dislike, or could it be fear this man so much? coming up.

new developments of a high school valedictorian in texas who received national attention when school officials cut his mic during his speech because he started mentioning the constitution. the teen is now reportedly being threatened by the school principal. trace gallagher has the story. >> reporter: the valedictorian of joshua high school is recommeremm remmington reimer. the principal was shouting,

saying he was planning to send a letter to the naval academy, and sabotage his appointment by telling them about his son's poor character. >> gave the list of consequences saying he would do anything he could to punish me. and the biggest one for me was a letter to the naval academy. >> we contacted the principal, he has not yet returned our messages or our calls, but he has also not disputed these claims. but that's only half the story, because the speech that he gave was edited by four school officials, and he was warned not to veer from it, and he did veer. listen. >> i want to thank god for giving his only son, an excruciating death on a cross. i worked hard to earn -- >> he talked about god, and as

promised, they cut the microphone. now the school issuing a statement saying when one student's speech deviated from the prior reviewed speech, the microphone was turned off, pursuant to district policy and procedure. and we checked, and federal law, state law, and district policy all say the very same thing, that schools cannot edit graduation speeches, saying, and i'm quoting, they have to provide the forum in a manner that does not discriminate against the student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject. the liberty institute of freedom for religion group is now supporting him. they want the school and the principal to apologize. and from our research, megyn, it looks like he may get that apology, because his rights were trampled pretty good, from our estimation. >> and yet the principal doesn't seem like he's done. would like to ruin his career at the naval academy.

so we'll see whether he is successful in that effort, or whether he pursues it in light of the law. trace, thank you. wow. vice president joe biden this week going after senator ted cruz, and he is not the only one. have you heard the uptick in attacks on senator cruz? did you see what they said on that other network about him just last night? referring to him as black irish, and comparing him to a nazi sympathizer? what is it about senator ted cruz that has the left so scared? that's next. plus, a teacher now out of a job because the school thought her abusive ex was a threat to students. we'll look at the legal issues surrounding this mom who says she has been victimized twice. and the changing face of america. the census announces that whites will be in the minority within a few decades. they say this is happening faster than anticipated. we'll take a look at the political and social implications of that. this man is about to be the millionth customer.

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developing out of colorado, a raging wildfire going from bad to worse, and it is now the most destructive fire in state history. killing at least two people, destroying almost 400 homes. forcing thousands to evacuate. crews now hoping lighter winds in the forecast will help control the flames. more on that as we get it.

maybe to a lesser extent pat buchanan and o'reilly. these guys are hard right wing guys. they look a lot alike. they have that black irish look to them. >> what? that was a host on another network with whom you may be familiar. last night, or two nights ago going after freshman texas senator ted cruz. earlier this week, vice president joe biden also stirred up the crowd at a fundraiser by reportedly suggesting that mr. cruz is pulling strings in the senate, suggesting he's forcing "good republicans to vote against good bills." why is it that so many on the left and others appear to view texas senator ted cruz as such a threat? now, alan gomes, and mike gallagher. i could name four other hosts on that network who have gone after ted cruz in the past week. there's nothing particularly newsy about ted cruz right now. he's not in the news any more than he has been. but boy oh boy, there must have

been a memo that went out or something on the left, mike, about this guy needs to be brought down. and brought down fast. because if you hear the attacks -- i mean, everyone from bill maher, who calls him a steely-eyed -- he says he has the steely-eyed focus of a serial killer, to the msnbc host who compared him to a nazi sympathizer. and to the vice president. the vice president suggesting -- look at him, he's just a freshman senator, why would anybody listen to him? what's going on? >> well, what's going on is he's effective. here in the state of texas, people are enamored with this guy. they're impressed with him. he kind of rose out of nowhere. he's sort of a tea party darling. and i really do believe that these attacks are intensifying because the left is recognizing the effectiveness of a guy like ted cruz. he is getting things done. vice president biden, as you mentioned, alluded to the fact that cruz has clout. you know, he has effectiveness. and the left can't figure that

out. they don't understand the prospect of a grass roots tea party kind of candidate who is working hard for the people and getting the job done. i will maintain and i will allege and i'll bet you my buddy alan combs will disagree with this, but i think the attacks from the left, or against conservatives, are way more vis vitriolic and vicious than anything we say about them. >> there's something about ted cruz that's touching a nerve. he's not a career politician. he was a top appellate lawyer in the state of texas. he worked for the department of justice and got into politics relatively late in life. so comes to it sort of with a fresh slate of look, this is who i am, this is what i stand for, but boy they don't like what he stands for. >> the they also includes republicans. let me point out to you that this negative on ted cruz is not just the so called left. by the way, i'd like to reject the notion that because two, three, four, five, or even ten

people on the left, therefore quote unquote, the left has marched in unison. that's just not the way it works for me. i didn't get that memo. however, john mccain called him a wacko bird. peter king said he did not attend a dinner that cruz went to and said he wouldn't attend because cruz would not help out in funding for hurricane sandy. you've got republicans who don't like this guy. this is not just the left going after him. and also cruz once said upon being criticized, after he said that we have a list of communists at harvard, he was compared to senator joe mccarthy and he said he was honored to get such a comparison. >> he says he believes there were more communist because he went to harvard undergrad -- >> and a list of them. >> do you have reason to believe that's not true? >> he said he was honored to be compared to joe mcarthur. >> is it not true, alan? >> is whatn not true? >> let me talk about this. there's a question now about whether this strengthens mr.

cruz's brand. because he comes in, he's really touched a nerve. it's sort of like sarah palin. she touched a nerve, too. and then many in the press went after her. and then it sort of backfired because people on the right loved her more. i was there in the 2008 convention speech. >> megyn, liberals have never quite figured out that the process of demonizing a guy like ted cruz only makes him stronger. they've never quite grasped the idea. they just expressed indifference or ignored people like ted cruz, he wouldn't continue to build steam and momentum. they're not bright enough to figure that out. >> you're totally ignoring that the right goes after this guy. >> it's in the center. you want to point out it's the established republicans like from scarborough to mccain. i don't want to use the term mavericky, because that's mccain. >> the right is not going after

ted cruz. >> yes, they are. >> if you're going to cite pete king, a moderate republican from new york and john mccain. >> did you vote for john mccain when he ran for president? >> you better believe it. he was sure better than the alternative. >> if you supported mccain -- >> let me ask you this, alan. i have met ted cruz in person and he seems like a normal man. >> i bet he is. >> he didn't jump out at me as a steely-eyed serial killer. i don't know what that means, black irish, that you have dark hair and you're irish. why is that host even commenting on such a thing? but the question is when you gear people up to believe, ted cruz! ah! and then he sits down for an interview and i'll give the viewers a sample of what he said when i asked aboutcks. listen to him in his own words respond. >> folks are entitled to throw whatever rocks they want, whatever insults they want. from my end, i have no intention

of reciprocating. whatever insult they level my way, i will not respond in kind. what i'm going to stay focused on is trying to do the job the american people want and expect. >> that's actually not that scary. >> first of all, it is shocking -- it's the republicans that don't like this guy. if i can be allowed to speak -- >> oh, all right. >> i'm sorry to bother you with that, mike. he called president obama the most radical president we ever had. that's absurd. he said chuck hagel was on the payroll of north korea. you've got republicans embarrassed by this guy. this is not the left versus ted cruz. his own party is uncomfortable with him. >> baloney. republicans love this guy. you've cited two or three people. >> as you have. >> by the way, as to chris matthews and the black irish comment, this is a guy who the other night on television literally admitted to having voted for michael steele once because he's black and he

thought it was disgraceful that there weren't blacks in the senate and we needed to have some. i'm telling you, if a conservative said something about "some blacks", it would be our last day on the air. >> i'll leave you with this. o'reilly responded in part last night, calling mr. matthews misguided intellectually and says he needs glasses badly because he compared pat buchanan, ted cruz, and bill o'reilly altogether as black irish. here's o'reilly. >> the question is, why is matthews spouting this nonsense? well, one of the reasons could be ratings. msnbc in primetime down 20% year to year and falling fast. i think it's a desperate attempt by matthews to get attention, and now matthews has got to call me names and other people names. he's got to go on the attack because he's got nothing else. >> and out of deference to bill, we'll give him the last word. >> just like he always gives me. >> and me too when i go on the show. thank you both so much.

>> thank you. >> thanks, guys. tempers flaring on capitol hill as members of congress now demand all the documents from investigators who decided not to tell congress about sexual assault and other allegations at the state department. today we'll try and track back how those details may have been squashed and cleansed and scrubbed from reports. and up next, what does it mean for america that white americans will soon become the next minority and that it's happening faster than they anticipated. [ male announcer ] this is george. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

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major milestone for the united states. for the first time in history, the census bureau reports that more white people died in the united states than were born last year. also for the first time, american minority groups now make up half of the under 5 age group and are expected to be in the majority in the under 5 group by this year or next. also expected to be a majority of the country at all age levels by 2043. what are the implications of this? joining me now, juan williams, fox news political analyst, and ben shapiro, syndicated columnist and the editor at large of brightbart.com. around the 2040s, we were going to see whites a minority group in the country and blacks and hispanics make up the majority.

but now they say it's happening faster than ever. first let me ask juan, why is it happening faster than ever according to a census bureau? >> because there's a decrease in births. also a decrease in level of immigration. it's interesting. something of an offset in terms of white immigrants coming from places like russia, germany. but what you really have here, megyn, is -- you know, women are the newer model, highly educated women. but unlike you, not having kids or delaying the timeframe in which they do have children. sometimes as a result, waiting too long and letting the biological clock tick. is you're seeing fewer white babies born in the country. >> lord knows i've had quite a few in the past few years. >> and hats off to you. >> thank you. and another one on the way next month. but the reports talk about how the recession, people losing

jobs and so on seems to be deterring white people from having babies. is it not deterring ethnic minorities? >> no, no -- >> why the disparity? >> everybody is -- >> sorry, go ahead. >> the birthrate overall is down. but one of the things that you're seeing is still a disbalance between the number of minority kids being born and the number of white kids being born. a lot of people on the left are celebrating this, thinking this is the end of the republican party because so much of the republican party is the white voter base. i don't think that's the case. i think that in the end, we're going to have to move to the idea of groups voting regardless of white, black, hispanic, old, or young and we're going to have to come to some sort of consensus that in the end we're going to have to work for ourselves. >> the reporting on this, this is from "the washington post" today, i believe. i'm not sure. i've got a couple of articles. says about 40% of whites age 25 to 29 graduate from college, compared with 15% for latinos,

23% for blacks. and so there's a question about whether this will have, you know, some style impact at the education level, at the income level, at the social support and social welfare level. >> well, what you have is whites are an older population. i think in one of the articles i saw, the average age of a white american is now i think in their early 40s. but if you're looking at an african-americans in their 30s and you get to hispanic, it's in the 20s. so that's a huge difference. i think also, to the corresponding point to respond to ben, the people who vote are not in the nursery. they're not the under 5 population. the people who vote are older folks. and so the power of the vote is still there in terms of white voters and older white voters do tend to vote republican. >> what do you make of this, ben? >> well, that's certainly true, but i think you're going to have to see at some point a ground shift in terms of some of the minority vote, because at a certain point, young minority people are going to get tired of

paying the bills for old white folks on social security. >> but will we see a shift? if the stats now, juan, are that we have more whites graduating from college than you have latinos or blacks, once they rise into the majority, do we expect that to change? do we expect those numbers to be reversed? >> historically, that's the trend. if you look back at everything from, you know, the irish, the italians, the poles, everybody as they, in fact, get more established, as their numbers rise, as they become more affluent, and everybody here is predicting that this influx of new people, both immigrants and the rise of minorities is going to be an economic generator for the giants. i think those people then reach and achieve higher levels of education. just earlier this week, we saw that there's a record number of college graduates in the country. and again, that comes at a time when more than a third of the population for the first time in our history is minority. >> what does this do to things like affirmative action? right now the supreme court is looking at affirmative action and asking whether that still

has any role in this society, and whether we should be looking at more of an income disparity in the country as opposed to racial disparity, because as your group numbers rise and your sort of power to be heard and impact rises, you get less of a protected class status in country. >> that's certainly true. i think the supreme court has to look beyond affirmative action pretty quickly here. if this is going to be based on simple racial minority, pretty soon whites will be a racial minority in the country at large. affirmative action and institutional racism dominated will have go away or you will have an awkward situation with white people being admitted based on race which is exactly opposite what affirmative action was designed to do in the first place. >> interesting. fascinating study. >> can i make one quick point, megyn? what ben just said is evidence that with these shifts in numbers, the old conversation, which used to be black and

white, is now a conversation involving lots of different people and in different terms. >> it's already gotten started and it will be accelerated. gentlemen, thank you. >> you're welcome. new suggestion saying someone may be hunting members of a kentucky police department. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

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we are tracking a developing story from kentucky where police main jor city are reportedly being threatened following the ambush and death of one police officer. 33-year-old jason ellis gunned down on his way home. trace gallagher has the story. trace. >> officer ellis was actually on a highway on ramp, megyn. he was picking up some tree limbs in the middle of the road, when someone came out, ambushed him, shot him multiple times with a shotgun. police believe the killer actually put the branches on the road to get the officer to stop

so they think he truly was targeted. now, the department has received a written threat saying, quote, is there more to come, referencing the ambush. the department has also gotten a call from another witness who claims he heard someone also threaten this department. this is bardstown, a small department of 12,000. it has never lost a police officer ever and now, they've got two officers arriving for every call so police don't have to show up alone. but the chief says that are not about to do their jobs in fear. listen to him. >> i can assure you we won't give up on this person until we have him either in custody or the front sight of one of our weapons. i personally hope the latter is the choice. >> very reminiscent what happened in los angeles where police were going everywhere in twos. they do not have a single solid clue about the suspect that arch bushed the police officer.

the fbi is also now involved in this. >> thank you. >> and abusive ex-husband may have cost a teacher her job. as the school fires this woman reportedly over fears her ex may be a threat to the students. kelly's court says she's now been victimized twice. 24 hours the white house says the u.s. is getting more involved in syria but failing to detail how. what we're hearing from the obama administration today in a live report. where is the commander in chief? the fbi director giving few clear answers to congress on what the bureau has learned about irs's targeting of conservative groups. nu details about what agent have not done so far and the congressman so unhappy with the fbi director yesterday. eller.

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fox news aler. the white house facing tough questions today after turning to a deputy advisor to announce to america we are getting involved in serious civil war. brand new hour on "america live." welcome, everybody. i'm megyn kelly. the administration announced america will get more involved in the syria civil war including military. it is still not clear what more involved really means. a lot of folks would really like to know. the united nations estimating the death toll is at 93,000 people. the turning point for this administration is what it says is conclusive evidence the syrian government used chemical weapons against opposition forces. just moments ago, one of the

president's key foreign policy advisors now saying there is a broad range of evidence of this us use. >> we have a broad range of evidence associated with the multiple incidents of chemical weapons use that we assess took place. that includes open source reporting, it includes intelligence reporting. it includes the accounts of individuals. it also includes physiological samples of serin we obtained from within sir dwyrisyria. >> joining me live, ed henry, live at the white house. we asked last hour. okay. great, good to have an update, but, you know, if we're going to get involved in a syrian civil war, some folks would like to hear from the commander in chief. >> reporter: megyn, this is a dramatic shift in u.s. policy. the president, when it was announced on a conference call with the media at 5:00 p.m. eastern time the president doing an lbgt pride event, not talking

about syria. and then ben talked about it yesterday and then came to address the white house press core about syria. and they still will not spell out exactly what the u.s. is doing in terms of aid to the rebelings. they're saying military aid. i pressed the point senator john mccain said in recent days, you need heavy arms to arm the rebels, not small arms. not just guns, et cetera, you need to send artillery and aircraft and turn the tide against president assad beating down the rebels and iran and revolutionary guard streaming in to help assad. this is a pivotal moment right now. they still will not say in detail what kind of aid we're giving despite a whole series of questions we had in the briefing we just had. senator mccain said the turning point should not have been the people killed by chemical weapons and it should have been

a much bigger slaughter. and he just answered it. >> we determined assad killed 100 to 150 people with chemical weapons. how did he kill the other 93,000? it's just -- what the president did was he gave them a red line but gave them a green light to do everything else. >> use of conventional force against civilians is what led us to say bashar al assad ought to step down, put in place a sanction regime and recognize the syrian coalition as a legitimate representative we could deal with for the syrian people and try to mobilize an international response. at the same time the use of chemical weapons violates clear international norms. >> ben rhodes also ruling out the use of a no-fly zone over syria and difficult and expensive and ruled out u.s. boots on the ground in syria and went on to say quote we need to be humble here about a way to solve this problem in syria,

suggesting that the president is going to be dealing with allies at the g8 summit next week in northern ireland to talk more about this. interesting they're taking these options off the table and not spelling out specifically how we're helping the rebels. >> thank you. >> besides the issue of lack of details on our proposed help to the syrian rebels, what does it mean we are offering new support not long after we heard some of the rebel groups there just pledged loyalty to al qaeda. we'll look at the challenge for america as we now appear to be jumping into this brutal conflict, coming up. the state department is now reportedly considering filing charges not against those who were accused of criminal misconduct or alleged prostitution but against a self-described whistle-blower who called the nation's attention to the fact that she says there's been a cover-up of this behavior. this whistle-blower says higher-ups at state may have

blocked investigations into suspected criminal activity by u.s. diplomatic personnel overseas. state as response we may have to file suit against the whistle-blower. joining me now joseph schmidt, the former head of the pentagon's office of inspector general and author of the inspector general handbook and this woman facing charges is herself inspector general office over at state and her name is our re aurelia. i think i have the pronunciation right. it gets kind of confusing, doesn't it? she works for the inspector general within state. they start to investigate an internal state investigation in alleged wrongdoing. state has this other security office that starts looking where the security agents using prostitu prostitutes? was there some ambassador

frequent i frequenting prostitutes or under-age prostitutes. they start investigating. higher-ups quashed our investigation. they interfered. the inspector general, agency you were involved in at the pentagon steps in, says we will look into this. aurelia concludes, they wish quashed, they were right. higher-ups tries to shut them up. she leaks this information to senator ted cruz and another lawmaker on capitol hill and cbs news and now state will go after her reportedly. they're ticked off she let the cat out of the bag. your thoughts. >> there are statutes that prohibit any kind of reprisal against a whistle-blower. the whistle-blower protection kicks in after an employee, like this particular former inspector general investigator, makes a protected communication, and that is defined typically to a member of congress, to an inspector general, to a chain of command but it doesn't include

to the press. >> they say it has to be first to a member of congress. the timing is important. did she go to cbs news first or lawmaker first. with all due respect to you and the job you held. in my experience covering inspector general investigations on capitol hill, the inspector general, they're usually very dry, usually very by the book, cross the ts, dot the is, they don't want controversy, not themselves under the microscope and want to find out what did happen and try to do it in an independent voice so we can believe their ultimate report. it's so strange to see a woman step out of that at state and say, i am telling you, i need whistle-blower protection because what i found them doing at state is so bad that the nation must know. >> that's right. you're absolutely right, megyn. an inspector general is fundamentally a fact-finder. inspectors generals are not

prosecutors. they don't really care if they have to prosecute whatever they find. when an inspector general says -- when an inspector general says in a report or testimony the audience for that inspector general, which is typically congress and the agency heads, they need to be able to take those facts to the bank. they need to have 100% confidence that the inspector general is calling it as he or she sees it. and those are the facts. what this particular whistle-blower is blowing the whistle on, and it seems, first, legitimately blowing the whistle to members of congress is that somebody in the state department higher-ups attempted, and apparently did, although i haven't seen the final inspector general report, the allegation is, is that for political reasons, people told the inspector general to keep certain details out of the inspector general's report. >> they scrubbed it. they scrubbed it.

snow that's exactly right. >> she's got the draft oig report from december 2012, the draft that uses language that was scrubbed from the final document. and that -- >> that's what i understand. >> the language that was scrubbed says the oig team, inspector general team heard of instances where high level department officials may have once or twice a year brought pressure to bear to improperly halt investigations into serious criminal conduct. she says higher-ups at the state department while hillary clinton was in charge, were interfering with the inspector general's investigation to the point they were trying to scrub it of anything that would reflect negatively on the state department. now, the chairman of a key house committee is very upset about this, demanding that the state department's inspector general office produce all the documents and that we need to have a full airing about, a, what was the alleged misconduct and was it true. b, who investigated, c, who

tried to stifle the investigations. i'll leave it to you as to how important that is. we're back to the trust issue. american people and their trust in government agencies and the watchdogs who we employ to watch them. >> that's exactly right. ultimately, the inspector general serves the american taxpayer taxpayers to be that watchdog, that independent and objective watchdog to help the american people understand how our federal government is spending our tax dollars. that's the role of an ig. at state, it's even worse, megyn, because state has not had a senate confirmed inspector general for over five years. >> wow. now, if they -- instead of going after the alleged criminal misconduct alleged in this case, decide to go after aurelia, the inspector general office employee for trying to blow the whistle on them, as one reporter put it today, that is an ugly new twist to the scandal.

>> shoot the dog. >> what you said. >> classic shoot the dog. >> we're coming up. there is a new round of bad news today for a brave doctor who helped the cia track down osama bin laden. that story just ahead. a teacher out of a job reportedly over concerns her abusive ex is a threat to students. really? is that legal? kelly's court takes up the case. nearly a month after president obama promised a full investigation into the irs politic politically into the irs targeting political conservative groups, congress had a chance to ask about that probe being handled by the fbi. one lawmaker in particular was not happy with what he heard. congress jim jordan, who you see in this clip joins us live right after the break. >> can you tell me some basics? can you tell me how many agents and investigators you've assigned to the case? >> may be able to do that. have to get back to you. >> can you tell me who the lead investigator is? >> off the top of my head, no.

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we want to make sure we gather up the facts and hold accountable and responsible anybody who was involved in this. >> that was the president just about a month ago promising a he irs's targeting of tea party and conservative groups. remember, there's been a whole back and forth about whether we need a special counsel to investigate this or special prosecutor or whether the administration can handle. i the president said the administration can handle it. yesterday, congress had a chance to ask the fbi director, they're the one supposed to be handling it, how the investigation is going. here's a little of what we saw. >> based on everything i've seen, quoting mr. cummings, the case is resolved, regarding the irs scandal. >> which case? >> the irs scandal. >> the irs case? >> yes. >> the irs case is currently under investigation and basically it just started. >> what can you tell us? you started a month ago. what can you tell us about this?

have you found any -- have you found the now infamous two rogue agents? have you discovered who those people are? >> needless to say because it's under investigation i can't give out -- >> can you tell me basics? can you tell me how many agents and investigators you assigned to the case? >> may be able to. have to get back to you. >> can you tell me who the lead investigator is? >> not that i know. >> this is most important case in the country and can you get that information? we'd like to know who you assigned to knit. >> i have not had a recent briefing on it. i had a recent briefing when we initiated it and haven't had a recent brief writing we are. >> you don't know who is leading the case? >> i do not -- >> have you talked to any of the victims? any of the groups targeted by the government, have you met with any tea party groups since may 13th, 2013. >> i don't know the status.

>> the man asking the questions is congressman jim jordan. he joins me. that in stills confidence, no? >> exactly. you have to question how serious they are getting to the bottom of this issue. like said, this is the wbiggest issue the country has dealt with in the last six weeks. you have a person with 12 years running 3 fbi. you would think a guy with that kind of experience would put his absolute best attorney, his best investigative team on this issue. if it's his best team, you would think he would know who those individuals and who that team is and yet he didn't know. that's what i think causes concern with me, other members of congress and most importantly, the american people. this is as serious as it gets. we don't even know who's heading up the investigation. >> what do you think really happened there? obviously our fbi director has a lot to worry about from the boston marathon bombings and fbi under scrutiny there and they

have to keep us safe. there's a lot of things mueller needs to worry about. this is one of them but this is a postmortem examination of bad behavior since rectified, they tell us. maybe it's not at the top of his priority list. what do you think was really going on there with respect to his ignorance? >> right. he's a good man served our country a number of years. i understand all that. obviously they have a lot of things they're dealing with what happened in boston and nsa issue and a host of other things. ebb remember, this was a fundamental violation of america's liberty. the government agency targeting people for their political beliefs. if that doesn't get to the top of the list or rise to such a level of priority the head of the fbi doesn't know who's heading the investigation, then there's a problem. this administration's concern, that's the concern we have with this administration. that's what i think troubles people. i don't know what it is. they are busy, i understand that. but this is important and we

need to make sure we have the right people investigating. the first thing you do or one of the first things you do is talk to the people who were harmed. you talk to the victims. to my knowledge, none of the victims have been questions about what took place. that seems pretty important. >> we talked to the attorney representing a dozen or so of these groups and he said none of his clients have been contacted by the fbi. the victims in this case are not being contacted. you can see from mr. mueller's response to your questioning why they haven't. doesn't seem like the ball has been rolling. i went back and look. did he make a promise? did he admit the investigation has begun and is rolling and he's at the head of it? he did say all that and they do have responsibility. we saw the same thing with benghazi, the president said we will get to the bottom of it, who was behind it, and questions about stand down orders and so on. here all this time later we don't have the answers and now it looks like we're not heading

down a different path with respect to the irs. >> this investigation has been one month, may 13th, it's been a month and you would think he would know something. you're right. the administration says we will get to the bottom of these things. they never give us real help. take benghazi, it took us eight months to get a break through and then only to get hicks to come forward and explain what happened in benghazi. >> who's held responsible? the "new york times" held an interview with a guy having a strawberry frothe and nobody is responsible. with respect to the irs and where they are with the accountability. indeed this woman, heidi paz has been fired. i amazing how officials are so reluctant to name names and tell you, our representatives who's

gone, why they're gone, who's held responsible. we have to get this through leaks. why don't they come in and say, we fired miss paz and here's why. >> if the goal is to get to the truth, my goal is, the goal of chairman issa is, if the goal is to get to the truth, help us get there. don't put up impediments, don't put up roadblocks, don't make it so difficult. frankly, holly paz, remember what took place with respect to the inspector general's audit. she sat in on almost every interview he did with potential people who were violating people's first amendment rights. she said on the interview that's not how you get to the truth. you can't have the supervisor, boss sitting in with employees when you're asking them questions about what took place. that in fact happened. we also learned holly paz was the one who collected all the documents and gave them to the inspector general. so the person you're investigating, you say, can you give me the documents? that's not how things operate in a true investigation. >> and now she's fired it raises

more questions about her critical role in the irs investigation. up next, what does it mean we're offering more support to the syrian rebels? not long after we heard some rebels just pledge their loyalty to al qaeda? what a mess. most recommended by... my doctor. my gynecologist. my pharmacist. citracal. citracal. [ female announcer ] you trust your doctor. doctors trust citracal.

today marks six months since the tragedy of sandy hook elementary school. a moment of silence was observed earlier in newtown, connecticut as hundreds gathered to remember 20 children and 6 adults here right before christmas by a gunman who took his own life. in the days and weeks following the shootings, millions of dollars in donations poured in. of those millions, only a small percentage has actually been distributed to the families of the victims. why?

gerri willis of the fox business network has been looking into that very question. how much money are we talking about here? >> $15 million total went to 69 charities. americans really opened up their purses and their wallets and they gave generously. today, $200,000 from the united way has actually hit families. here's what's happened. the united way of western connecticut has formed a foundation studying previous tragedies, appointed a board to run the foundation. the money has not yet gone to these people and they are not happy and embarrassed to stand up and say, this is a tragedy an insult. of course it is that. we haven't had much coverage of this and the story really needs to get out there because so many of our viewers were the people who gave in the wake of this tragedy. >> right. americans are very generous and very trusting. united way is a well-known charitable foundation. you think if you give to them it will be handled correctly. is that now correct? is the media scrutiny perhaps

going to force them to start giving the checks out? >> we are expecting within the month for the checks to go out. that could be seven months after the tragedy. the attorney general in connecticut is on the case sending letters to the charities and talking with united way trying to get this money out? >> what's their explanation? takes a long time for our foundation to look into who's worthy? >> exactly. 40 families, how hard is it to take $11 million and divide by 40 and send out checks. i don't think it takes long. >> what is the criteria? need? i want to help them and assuage their pain any way i can. i don't know, anybody that's notevation. what's their explanation? >> they don't have a very good explanation. they're working on the things i just described. setting the foundation up, setting it up, getting board members on, studying previous tragedies. i don't know if you remember the boston tragedy, money is already going out to those families. the one fund is already stroking

checks. that's not happening here. it shouldn't be that way. these people should get this money. >> are the newtown families saying anything about it? >> they've been pretty okay. it's interesting, after the boston tragedy, they tweeted to those families, be sure you get the right setup for your charitable donation so you can get the money quickly. they tried to warn other families. if you're out there and you want to give money to a charitable organization, you have to do research on it. go to charity navigator.org to find out how much of your collar actually gets to the people you want to get that money. >> what's a good percentage? all charities have some administrative expenses, we understand that. it won't be 100% of every dollar you give will wind up being donated. >> 50, 60, 70, not 20 tho$20,00 $11.4 million. that makes no sense. >> and discouraging future donations. the united way is hurting itself and other worthy causes by dragging its feet in this way. >> another decision they made along the way the families

themselves have problems with they said $7.7 million of that $11 million will go to the family, the balance, remainder will stay with 3 charity to deal with long term issues in the community. the families say that's not right. that's not fair. >> right. >> the people who stroked those checks never intended for that to happen. >> right. if they could have given directly to the families they would have done that. easier to go through a clearinghouse one you're supposed to be able to trust to do the right thing. thank you. be sure to joan gerry on the willis report airing 6:00 and 9:00 p.m. on the fox business network. coming up, her ex-hundrb wa seen as a threat to students. she was give the ax. should she be fired because of her ex? a threat to school children? kelly's court. and president obama says we

will give support to the rebels in syria. what kind of support and should we be doing this now that we know some of these rebels have declared their loyalty to al qaeda? we will have some answers, we hope, next for you. a red line for us is we start seeing a whole bunch of chemical weapons moving around or being utiliz utilized. that would change my calculus, that would change my equation. ♪ if you have high cholesterol, here's some information that may be worth looking into.

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a red line for us is we start seeing a whole bunch of chemical weapons moving around or being utilized. that would change my calculus. >> the use of chemical weapons is and would be totally unacceptable. and if you make the tragic mistake of using these weapons, there will be consequences and you will be held accountable. the broader point is once we establish the facts, i have made clear that the use of chemical weapons is a game changer. >> for nine months now we have heard the president warn of the use of chemical weapons in syria. the administration says repeated claims of chemical weapon use could not be proven until now and yesterday we were told not by the president but the chidep.

and what will be used. an investigative reporter and fox news contributor and author of "what the bleep just happened." i don't mean to belittle the intervention. can i say, where is the commander in chief? when you have an announcement we are going to get involved military in syria, there's something comforting about hearing your commander in chief come out directly and tell you, this is where i am on this now. >> he's probably watching home movies from benghazi. god nose. what i do know is it's time to take a deep breath, stand back and ask the fundamental questions, what do we get out of engaging in syria? why is it our fight? what's our game plan? what exactly do we hope to achieve, can't just say regime

change, get rid of assad. we've been there in iraq. what is the likely cost? how do we do it? what are the long term results? why aren't our no allies stepping up? the turks, you want a no-fly zone u.s. combat pilots are flying to protect our allies. our supposed allies, if turks and saudis want a no-fly zone they have to have 15s. nobody can tell me -- why is this our fight? >> we haven't heard about a no-fly zone. we have heard from the president. reports are it won't include a no-fly zone, what many people want. judy, let me ask you, what do we get out of it. our president repeatedly said this is a red line and if now he's saying they crossed it and we do nothing, what position have we put ourselves in? >> that's precisely right, megyn. that's the challenge now for the administration to figure out what to do after the president nine months ago announced apparently on a fairly

spontaneous basis this was a red line and use of a wmd would not be tolerated. now, he has to figure out what we can possibly give the rebels job, to which rebels we can give this lethal aid and insure it will not blow back at us or our allies. the administration is very divided what to do. i don't think you will see, in addition to not seeing a no-fly zone, i don't think they will get ground to air missiles that can shoot down an airplane. i don't think there's any confidence the syrian rebels can safe guard this kind of weaponry. >> from their fellow rebels, many of whom have pledged allegiance to al qaeda. the reason we're doing this in part, they say, there are fears large parts of this rebellion are on collapse. we waited so long and other countries like iran stepped up to help the assad regime the

rebel forces have been pushed back. so now we get involved. i do not mean to diminish the death of 100 to 150 people from the use of chemical weapons. you have 93,000 who are dead, we didn't get involved. now, it's about to collapse, we're going to a little bit get involved? >> incrementally, maybe, who knows, megyn? this is a serious question of not just the president's credibility but the credibility of the united states of america. every word there at the commander in chief utters carries serious weight. when he made that statement several months ago, he ought to have known, that, yes, then the world, both our allies and adversaries should have expected he would follow up on that. if he has no intention of following up on that statement at this point, he should just come out and say it. the problem is that now what you have, as you point out, now this has gone on so long, you have new players involved, what you have now in syria is essentially a proxy war between the united states and russia, which backs the assad regime and backs iran

and between the united states and iran going on here. there are many more dimensions. you have al qaeda fighting on behalf of the rebels, the muslim brotherhood, hezbollah. if rear talking about providing arms and training to these rebels, who are they and are we arming our own enemies? >> how do we chinese wall the rebels we like from the rebels we don't like, a point you've been trying to raise for a while now, ralph. i do want to ask you about the president's credibility and the credibility of the united states if he does nothing now that he's come out and said he does have proof they have chemical weapons given his red line talk. >> in other words, to support our president's offhand bravado we're supposed to go to war or risk going to war? we're supposed to support al qaeda and its allies? we're supposed to support the saudi back and turkish backed muslim brotherhood people.

there are times when it makes sense for the united states to fight for our values, principles and interests. i can't find anybody in washington to explain to me what vital u.s. interests are involved in syria. the only argument i can make for arming the rebels is give them just enough arms to keep the fight going, turn it into a vietnam for hezbollah. that's it. >> judy. >> i think that's right. what the president doesn't want to happen at this stage, he doesn't want the assad regime, backed by russia and iran, to win. i think just as important as the use of chemical weapons was the fact that hezbollah decided to get full force into this fight and the strategic town of kucera was in danger of coming back into assad's hands. the cannot let the assad government win. that's why now we're scrambling around what we can do that won't blow back. >> that's the thing. if he cannot let them win, is

this incremental, i don't know what we're doing but seems to fall far short of what the hawks are doing. >> i agree with you. this is largely an arab problem. there is no strategic interest for the united states. yet the arabs are turning tail, jordanians, arabs, turks, don't look at us, you guys take care of i the problem here is as odious a regime as the assad regime is. i make no apologies for this regime. assad is a killer and brutal dictator. if there is a vacuum, there at will be filled by the is islamists on the other side. if that takes over we will have a regime far worse both for the united states and israel than the assad regime is. >> the president, according to "politico," has been agonizing with the decision and will discuss it with the allies at the g8 next week.

i'll give you the final thought, ralph. >> he can agonize all he wants. he needs to put america a's interests first. this guy doesn't think strategically. he thinks politically. if you try to think politically on this one, you're going to end up, no matter all the protest station, killing americans, ruining our credibility and putting bad guys in charge. by the way, if assad falls, are we going to step in to protect the christian and jews and shia minorities? we have no plan, megyn. it's impulsive childish behavior. >> panel, thank you at all. up next, kelly's court takes on a case in san diego where a teacher was fired because the school thought her abusive ex-husband posed a threat not only to her but to her students. we'll tell you why they believed that but whether they were allowed to fire her for it. next. >> i have my good days and my bad days. days where i just -- i don't know what i'm going to do. i have four kids to take care

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kelly's court is back in session. on the docket today, a teacher fired from her job reportedly because the was the victim of domestic violence. she taught second grade at a catholic school when her ex-husband showed up in a parking lot despite a restraining order she had against him.

she was let go and her own four kids had to leave. the diocese said it is not safe to have her teaching there or at any other school in the diocese. >> i've done everything they tell a victim of domestic violence to do and yet i still got punished because he made the choice to show up to school that day. i paid the ultimate price by losing my job. my children lost their school. they didn't get to say good-bye to their friends. >> joining me now, defense attorney and former prosecutor. and also a former prosecutor. this is a rough one. she has a very good point. it's so hard to get domestic violence victims to come forward. so she did. she did the right thing. she contacted the school to say he's threatening me and threatening to come on campus and you need to know that. yet the school had parents saying, i have empathy for her but i want her gone because i

don't want a target of violence standing within two feet of my chil child. >> while i can understand and empathize with those parents, what message does this send out to other domestic violence victims afraid to come forward and speak up. she told the school, i had to call the police on my ex-husband three times. watch out for him. he did show up and the school called the police and when the police got there, he was gone. there was no direct threat towards any of the students at the school or staff there. >> that time. >> that time. >> this is a christian school. i think they need to ask themselves a straightforward question. what would jesus do? i think they should help this woman. they have now fired her from her job. she's the sole caretaker of four children. what is she supposed to do to survive and live? >> they want to help her. i'm sure they do want her to survive but they want the children who attend that school and taught by this woman to

survive as well. and they're worried. >> i don't blame the school. in light of sandy hook, how can we not make the comparison here? i think schools have to be ultra vigilant. it is heartbreaking and sad. nobody wants this poor mother of four to be unemployed. i think the better place for her is going to be maybe in a public school system where they have better security, and i'm certain, based on the lovely letter, i'm not being facetious, a very nice termination letter from her employer, i'm sure they will give her a great recommendation. >> the thing is, faith, the damage is already done. she's been fired. it made national news. now, you have domestic violence victims who are out there or stalking victims, you name it. women or men harassed and stalked and bothered and beaten don't want to say anything, because they're terrified they will lose their job if their employer knows i come with someone who is very dangerous. >> that's right. the abuser wins again.

that's what happens in these domestic violence cases. these ex-boyfriends and husbands show up to these women's jobs. they want them to be fired and want to cause havoc in their lives and cause trouble for them. them. this is a catholic school. they can help her by helping her find other employment before they stop paying her. she was placed on leave and then fired without any income coming in. that's the real issue i have with this. >> the school hired you and said, counselor, what should we do? because we're concerned this map's going to come on campus with a gun, and we don't know who could get hurt. >> i would advise them to give her a very large severance packaging but i would also advise them to send her packing because of the safety. you know, orders of protection are pieces of paper. you need to get tougher, when you violate the piece of paper

you should be going to jail for a long time. >> he didn't -- >> i want to talk about his status and whether the fact that he is incarcerated should have played in here. that's next. ne... boris earns unlimited rewards for his small business. can i get the smith contract, ease? thank you. that's three new paper shredders. [ boris ] put 'em on my spark card. [ garth ] boris' small business earns 2% cash back on every pchase every day. great businesses deserve unlimited rewards. read back the chicken's testimony, please. "buk, buk, bukka!" [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose 2% cash back or double miles on every purchase every day. told you i'd get half. what's in your walle to prove to you that aleve im, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop.

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>> so, the husband winds up in jail and she gets fired anyway. and one of her points seems to be, he is in jail now. why doesn't that solve the problem? >> he is only in jail now for another couple of weeks. and what happens two months from now, two years from now? it's going to keep happening until we lock him up for contempt and violating orders for a very long time. that's the only way these abusers get the message, put them behind bars and they can't get out. >> she just hit the nail on the head.

you put the abuser in jail for a meaningful sentence. throw him behind bars and let him suffer the consequences for his actions, not her. >> that's the problem here. this woman -- she has a great argument from a legal standpoint that she was fired as a direct result of her being a victim of domestic violence. that's a legal case here. you cannot fire someone under california law for being a victim of domestic violence. >> take that to its logical extreme. late sea hi comes comes into the classroom -- let's say he comes into the classroom with a gun and they apprehends him. still she couldn't be fired? >> that's this extreme argument. obviously the school -- >> they're trying to avoid getting there. >> right. but what if she didn't tell the school she had a husband -- an ex-husband with a restraining order. she did the right thing and she told him and nothing happened. and you can't prevent every single incident -- >> why couldn't they have moved her to a different district and

kept it confidential? >> there's always going to be a way for the father of her children to fine out where she lives. courts try to keep it confidential. doesn't always work. >> so fire everyone? >> especially when her four kids are going with her. we'll re be back with a special announcement.

>> we have a fox news baby to announce! the beautiful lulu james colon wasç born today, six pounds,

12 ounces, 20-1/2 inches and a full head of blonde hair. fun for mommy erica to style, who gets me ready for air every day. look at this gorgeous family. congratulations, erica lu, and little lulu, lots of love from your fox 2 family. we have gone through our pregnancies together. what a blessing. thanks for watching. here's shepard. >> shepard: good for erica. why is it that all babies are born in the same little towel blanket thing. >> how does she look so good two hours after delivering that baby? >> she always does. >> megyn: i have avoided my pictures of myself after the birth of my children. if i looked like that i would be putting them on national television, too. >> shepard: man alive. megyn, you look amazing. good luck, and eric car thank you. hang on one