name and town if you wish to opine. do not be obtuse when writing the factor. i'm sorry about the throat. ms. megyn is next. remember, the spin stops first. we are definitely looking out for you. breaking tonight, serious new worries about president obama's plan to save more than 5 million americans from having no insurance thanks to his signature health care law. plus, a new warning about how tens of millions of americans will likely lose their insurance at work in the coming months. welcome to "the kelly file." i'm megyn kelly. a series of developing stories concerning thecare rollout. first, involving a white house meeting with insurance insiders that took place earlier tonight. the insurance folks came out of the meeting warning about higher premiums and about potential gaps in coverage for the americans whose policies have been cancelled. people who had insurance and

liked it and got cancelled thanks to the law and now appear to be in no man's land. the second story is a new report predicting a second wave of some somewhere. in the coming months. this involves business, corporations, group health insurance and that's a much larger market. we have been telling you about it. marc thiessen is a former speech writer for george w. bush. take it in reverse order. >> sure. >> people here, 50 to 100 million insurance policies cancelled. the evidence for the case that this whole story about how it's just people on the individual market who need to worry and no one in the group market. the employer based market needs to worry. it's unraveling. >> absolutely. this is an obama care time bomb that's about to go off. if you want to know why

democrats are panicking look at the anger in the last few weeks. over 5 million people losing plans on the individual market. imagine the mass outrage if 50 to 1 million people lost it in the employer-based market. this is a huge issue. what happened is small business has found a loophole in obama care. if they renewed early they could avoid the mandates pushing people out of the individual market for a year. what that means is they are going to get the cancellations in october 2014 which is a month before the mid-term elections. there is a time bomb going off of all the employer-based plans that will get cancelled like the individual market plans now right before the elections and midterm elections in to 14. >> we led our broadcast this week with andy mccarthy, former federal prosecutor, who dound a doj brief pending a live at issue right now in a court of

law in which barack obama's department of justice admitted it, marc, that the majority of group health insurance plans are expected to be cancelled. they said it's by the end of 2013. now the end of 2014. >> yep. >> because of the extension on the mandate. but they have admitted it in writing. why is no one talking about this? if you level the group health insurance market, you are talking about up to 100 million americans. people sitting back right now with their employer-based health care thinking, i feel bad for folks on the individual market, but it's not me. >> because the left has been accusing the right of saying this really isn't a takeover of 1/6 of the economy. but it is. all along the plan is to get these people out of individual, private health insurance into government health insurance because the goal is single payer. so this is all small baby steps toward the ultimate goal of the progressive movement which is single payer. so they are using this as a

steppingstone to what their ultimate goal is which is to get the private insurance market out -- to kill it. >> let's talk about the news on the president's fix. >> sure. >> he met with insurance companies and they didn't emerge happy. warning of higher premiums. hello. this is one of the main purposes of obama care. to lower costs, not increase premiums. but it's happening. now the people who are not -- you know, the 5 million people in no man's land, purgatory, wandering around asking insurance here. several of the states at issue here have said we are not going along with the president's fix. >> most are blue states which is interesting. you have blue state commissioners in new york, vermont, minnesota and some of the other states that are rejecting the fix because they need those people who are mostly young and healthy to go into the exchanges so the exchanges work. they won't work without it.

the red states are trying to go along. it's the blue states turning it down. obama's supposed allies. >> you are seeing states going along and trying to allow the insurance companies to offer these plans back, if the insurance companies so choose, because you have to get past the states saying, okay. then you have to get the insurance companies to say okay. they have to comply with the regulations that barack obama put on them and send a letter and compare the plans and do it all immediately. so the policies they may offer the cancelled people have higher premiums. >> yeah. because they have been planning for three years to cancel plans and push them into the exchanges. six weeks before the end of the year the president says, oh, you can continue offering them. that will cost money. they have to pass it on somehow so premiums go up. on january 1 either they can't keep the cancelled plans or the premiums go up so high people can't afford it and are without

insurance. next year you have the additional time bomb of the employer-based plans. say obama's plan worked and some people could keep the plans today only keep them until october 2014 when they lose them next year, a month bf the election. you can't screw up 1/6 of the economy, wave a wand and fix it. that's the problem they are learning in the white house today. >> marc, thank you. >> thanks, megyn. >> developing tonight a republican congressman introduced legislation a few hours ago challenging the president's executive orders on health care. first president obama by himself delayed the employer mandate for a year with the stroke of a pen. there was outrage about whether he could do that. then the rollout started going south and asked the insurance companies to ignore the federal regulations that were causing millions to get kicked off insurance plans. congress said, hello. but we did digging and found

candidate obama had a different take on executive power when he was campaigning against president obama, well, against what president bush had done in 2008. listen to this. >> we have a government designed by the founders so there would be checks a s balances. awe you're don't want a president or a congress too the powerful or courts too powerful. congress's job is to pass legislation. the president can veto or sign it. what george bush has been trying to do as part of his effort to accumulate more power in the presidency is he's been saying, well, i can basically change what congress passed by attaching a letter saying i agree with this part p or that part. i'm going to choose to interpret it this way or that way. that's not part of his power.

this is part of the theory of george bush that he can make laws as he goes along. i disagree with that. i taught the constitution for ten years. i believe in the constitution. i will obey the constitution of the united states. >> wow. joining me tonight, author of the bill trying to reign in the president. congressman, what a thing to listen to then candidate barack obama versus president obama. >> yeah. unbelievable. he's changed his tune. you mentioned he rewrote the employer mandate in july. he changed the date of the statute. it was clear. then with the grandfather issue he said, i'm going to extend the grandfather clause to some of the plans where people got after 2010. he can't do that by executive order. congress can do it by statute. in fact, we tried to make statutory changes in both instances. he's threatened to veto our

bills. it's an odd position he's taken. he doesn't want congress doing it legislatively though we have legislative authority. he'll make similar changes on his own. that's not the way the constitution is structured. >> i believe in the constitution. i taught the constitution for ten years. i will not be doing an end run around congress. what can be done? what can be done? what happens with your bill? >> so my bill is basically the house will express disapproval about that. so we are on repocord saying we don't think it is constitutional. no one was saying anything. i felt if we just remaineded silent his actions would basically be part of the standard operating procedure going forward. i don't want to have this precedent set not only for this president but for other presidents. even in the news today there is talk that he may allow individuals to go around health care.gov and get subsidies going

directly to the insurers. you can't do it in the statute. we know he wants to do a union bailout. there are all these things coming down the pike. so we in congress have to make our voice heard. my hope is that some of my friends in the other party will put the constitutional duties they have above their partisan self interest and join with me to tell the president he can't rewrite laws. >> what is going to happen when the shoe is on the other foot and there is a republican in the white house and he starts doing these things? if the democrats control one or both houses of congress at that point they are going to rue the day they allowed this expansion of executive power. >> imagine if mitt romney was elected, took office january 20 and said, you know, the fiscal cliff tax incondoleezza rice cc disagree. i will suspend the increase in the capital gains tax for a year because i don't think the economy can handle it. i don't think democrats would

accept that. the media would not accept that. they are not interested in holding this president accountable for whatever reason. >> it's amazing to see that clip. we'll post it on the facebook page so people can look and listen for the themselves at a different-sounding barack obama a few years ago. representative, thanks for being here. >> any time. >> we have we got a look at what the health care law is costing the president lit plitcally. up next, a former clinton adviser le delaware tails how serious it could get. wait until you hear what he's calling for now. plus, it was all smiles and presidential honors for oprah today. did her recent overseas rant about racist americans damage her brand? alan west is here. >> there are still generations of people -- older people -- who were born and bread and marin e marinated in the prejudice and racism. [ male announcer ] want healthy joints?° ♪ the joint is jumpin'

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check your credit score, check your credit repo, at experian.com america's numb one provider of online credit rorts and scores. don't take chances. go to experian.com. from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> just when things were looking not so great for the white house, a new round of bad news today for president obama and obama care. the new cbs news survey finds 37% of the country approves of the president's job, the worst approval numbers ever recorded by cbs for this president.

his health care law is doing worse. 31%. about three in ten americans approve of the health care law. down 12 points since last month's botched rollowe. again, the worst numbers on record. now it's poisoning the president's relationship with congressional democrats. the d.c. website "the hill" saying in a white house meeting chiefs of staff getting together on capitol hill, they were, quote, seething with anger over obama care. one unnamed democratic chief of staff is quoted as saying, quote, this either gets fixed or this could be the demise of the democratic party. joining me now, a former special counsel to president clinton and a fox news contributor, lanny davis. this is bad if you read this article. it was a meeting of the house chiefs of staff. they say the president's relationship with congressional democrats has worsened to an

unprecedented low. the room was seething over the damage to the party saying he's more unpopular now than george w. bush was. this is the worst they have ever seen it. what should he do? >> well, first of all, i hate the idea that we are blaming barack obama when people like myself and members of congress for years have supported this national health care idea. i think we all let the american people down by not thinking through how complicateded trying to revolutionize the health care system would be. i do think that we have to fess up that we messed up and maybe hit the reset button and start to take another look at a more incremental approach that brings republicans over so it's not a partisan issue any longer. >> really? hit the reset button. >> i think the reset button has to happen when you are facing a system that isn't working and a political party that i happen to still support. i voted for barack obama twice,

supported the affordable care act. this is not working. everybody has to look at facts and let the facts drive you, not ideology drive the facts. there are things we need to do to hit the reset button to try to fix this rather than give up. >> what do you make of the predictions now coming from folks that this -- the immense damage being done to the party and that this could be the demise of the party. do you believe this goes beyond the failure or potential failure of the health care law? >> i don't think the word "demise" is appropriate. it is a serious problem for democrats in the 2014 election and maybe going forward beyond that. i think republicans have had severe setbacks in recent months and suddenly the democrats appear to be in trouble. the american people are resilient in allowing a political party and individual democrats to recover from a mistake. the mistake here is twofold.

it's the implementation that went wrong. there is clearly in competencom there. but it was a complicated system. the second is not reaching out to the private sector. as i have said to you before -- >> what about the misrepresentation? >> the misrepresentations come from the failure to explain this program -- >> honestly? >> in a way that -- i don't think there was intentional misrepresentation. that's my bias. we were all mistaken that one unintended consequence by increasing the regulatory standards that you have to have a higher level of insurance so everybody can be covered at a better level of coverage, we didn't intend for people to lose their policies. president clinton -- >> i don't know about that, lanny. the facts aren't bearing you out on that. >> intention is hard to -- >> we talked about on monday --. there is a doj brief filed in late october in which the

president's doj is arguing about how the group health insurance market will lose the majority of its policies as well. this goes well beyond the individual market. they want us to believe this stuff isn't out there. we can read. we can see with our eyes. >> there is no question we didn't get out in front of the story as a crisis manager. as soon as the first indication that this system was not going to work, how it was intended ahead of time. president obama should have warned everyone the system wasn't going to work. warn people they would lose their policy unless they upgraded and paid more and regretted he didn't explain it better during the cam pain. that's called getting out in front of a story. finger pointing at president obama isn't fair. i was in favor of the act. i didn't see the unintended consequences. >> he's the chief executive. the law is called obama care. a term he endorsed. >> so he's got to take

responsibility. he's starting to but he has to tell us how to fix it. i think the private sector and the private exchanges out there ought to be used by the president. he still hasn't mentioned the expression private sector other than insurance companies which are going to sell their own policies. the private exchanges are required to list the policies. they don't cost taxpayers money. >> interesting. >> why won't president obama embrace the private sector when we really need a partnership? >> we have heard similar complaints from website techies who say, i have offered to help and i don't get a response. >> you would think they would want that. >> lanny, thank you. >> good to be here. it's one of the country's top journalists writing that the health care mess is president obama's katrina. the administration is hammering back on the comparison. that journalist joins us live to defend his piece. plus, presidential honors for oprah today. did her recent overseas rant

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there are still generations of people, older people, who were born and bred and marinated in that prejudice and racism. they just have to die. >> well. that was oprah winfrey during an overseas interview last week saying many of the president's critics are mote sated by racism. and suggesting the country needs to wait for them to die. she went on from there. today she was given the presidential medal of freedom, the highest civilian award in the united states. it's designed to recognize those

who made especially meritorious contributions to the national interest. trace gallagher has more. >> oprah was among 16 americans to win the presidential medal of freedom. the president said she rose up from a childhood of poverty and abuse to the pinnacle of the entertainment world. here is the president. listen. >> oprah's greatest strength has always been her ability to help us discover the best in ourselves. michelle and i count ourselves among her many devoted fans and friends. >> she is devoted defender of the president. during an interview with the bbc last week she was asked if the president would be treated the same way if he was white and would he face the same confrontation. oprah said this. >> yeah. i think there is a level of disrespect for the office that occurs and that occurs in some cases and maybe even many cases

because he's african-american. >> if by disrespect she means lack of support by white voter keep in mind president obama won as many white votes in 2012 as president clinton did in 1992 and more white votes than jimmy carter, walter mondale and george mcgovern. if by disrespect she means resistance to the affordable care act, his attorneys point to the push for health care spear headed by hillary clinton. oprah's show ended two years ago. her network has been on the air two and a half. still struggling in the ratings. can't get the same magic the show had. >> trace, thank you. alan west is a fox news contributor and congressman from florida. good to see you. >> my pleasure. >> amazing to see someone as successful as oprah winfrey, a

billionaire thanks in large parts to american viewers loving her -- white, black, brown, you name it -- loving her, talking about racist americans. >> yes. thanks and pleasure to be with you, megyn. it's appalling and un k unconscionable that you would have oprah winfrey, a billionaire, and the first african-american president and they are both continuing to try to use the race card to talk about the failures and faults not in his racial content but in the content of his character and the failure of his policy. based upon what oprah winfrey described as being a racist, i guess i'm a racist as well. i don't agree with the policies. what's interesting is how, you know, oprah winfrey or morgan freeman or some of the others, when black conservatives are attacked viciously by white liberals, you don't hear from them. or when harry reid can say he accept it is president because he's light-skinned and he

doesn't use negro dialect, that's accept eed language from the left. it's setting race relations back in the united states of america. >> amazing. the only example she offers of disrespect based on race was what we believe is the joe wilson incident where he called out "you lie" when the president gave a state of the union address and he said illegal immigrants wouldn't get coverage under obama care. that's her incidence. in a court of law that would not fly. there is nothing to say it's based on race. didn't joe biden once refer to -- >> clean and articulate. >> he's so clean and articulate. that would fly in a court of law. where is the evidence that the president's critics and she's not talking about crazy internet

critics. she's talking about joe wilson, basing upset on race. >> that doesn't have to be in evidence for the people on the left. understand when you call out the race card, that's the last line of defense for them to try to get you to back off. no one wants to be called a racist. that's the means by which you try to silence people. it's a suppression of your freedom of speech in this great nation in which we live. this is a tactic that comes from the rules for radicals school of thought which was born out of chicago which is where the president is from. if we don't to allow people to throw this against us, robert redford did it as well. then we will allow the president to believe he can do and say what he wishes and whatever he wants. you just had congressman desantos on and president obama saying how he would honor the constitution and look at what

he's done now. >> interesting how her ratings have gone down or her tv success struggled since she did get political and started making statements like this. no question there are racist people out there and some people criticize the president based on racist views but the she used was telling. colonel, thank you. >> thank you, megyn. >> a lot of people love oprah. you don't make a billion dollars on tv if people don't love you. yet she stirs the pot sometimes. we are taking your thoughts on that. send me a tweet. an angry white house is slamming comparisons being made between the botched health care rollout, to put it charitably and how the bush administration handled hurricane katrina. one of the top journalists making the comparison and taking heat from the white house is with us next. and breaking news on what the white house said about the health care website just a week before the failed launch. i'm beth... and i'm michelle. and we own the paper cottage.

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is >> good being unavailable. suggested they're worried about this and high volume. also went on to say in this e mail is that it was obtained first by darrell issa they were concerned about when people go on the web site, they log on and find out they can't get on saying i'm picturing major print publications taking screen shots of what is below. now, that suggests they were more worried about pr. i got a statement just a moment ago from cms. they say, quote, as we have said before the launch of the web site this is a complex project we expected that there would be issues however, we did not anticipate the degree of the problem in this system this, is raising questions tonight about what

they knew just one week before the launch. and raising a question about why didn't someone put on brakes and say maybe we need more time? inside of the white house tonight top officials telling me they think they're going to get the web site fixed but now they're still in a lot of trouble. >> today, it failed in front of her. >> yes. >> this web site and problems she was there. someone saying this is great. looks like it's working. and then, it went work, you saw the smile disappear. >> the president has taken a major credibility hit. my next guest says this is the president's ka treena. saying the president has a credibility problem similar to the one developed after george w. bush after his handling of katrina

and iraq. ron good, to see you. people did not like that comparison. peoplet saying you've got to be crazy people died after hurricane katrina and died in the iraq war, how could you compared failed roll out to that? >> oldest trick in the book. deflecting into comparisons you want to make. there is no comparison between iraq and hurricane katrina and obamacare. it hasn't been thousands of deaths but there is a real oerelation. >> now, here seeing similar approval ratings. for president obama at incredible heights, now, look at this. 1760 days into their president sichlt a

difference of three points. cbs news putting it twon points. 37%, now 35% president bush in a similar point. they're neck and neck now in terms of how the public dislikes them, ron. >> it's a race to the bottom. those aren't the most important numbers. what held up president bush during his troubled times were people if they didn't agree with him, they likeed and trusted him. same with president obama. he got through tough times because people likeed and trusted him. as soon as the president loses that credibility with the public, which bush did in 2005 there is no history of a president in their second term having come down this far, ever coming back up. >> how does barack obama reverse this? can barack obama come back? >> you can. he is going to have to focus on leading and getting

something done. and following through on really nitty gritty of governing. something he's never wanted to do. >> we talked about whether he's doing it in a way that is constitutional and allowed. right now, barack obama helped create this problem for 5 million americans now, he wants to solve it you've got these folks we call lawmakers saying you can't do that mr. president, you can't exclude us. and we started the show with a clip of then candidate obama in 2008. upset about excesses of presidential power under george bush, here is a sample of it. stand by. >> this is the theory of george bush he can make laws as he's going along. i taught the constitution ten years. i believe the constitution and will obey the constitution of the united states.

>> so now saying you helped create the problem, you can't just fix it without involving the people's representatives >> you're right. i barely got out of the university of detroit. i don't know if it's un-constitutional but it's thin. he's not doing anything, he's asking insurance companies to please let them have plans that were ungrandfathered out. i think what he's doing is shifting blame from him self to insurance companies when people aren't able to get plans back. they're going to complain. so i don't think he's, what he's got to do is get the fight fixed. shoot with the american public. and let him know what went wrong what he's going to do to get it right. stop spinning. stop playing politics and just get it done. >> yes. speaking of president bush, his approval rating has gone up. and i'll leave you with a funny moment of him last night. watch this, >> president obama is getting jokes now.

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one day after terrible violence shattered the family of a well known democrat in virginia, one of president obama's former top advisers sent what some call an inappropriately political tweet about the attempted murder of his son. today he said, the family tragedy in virginia is one more reflection of compelling need to strengthen mental health services instead of cutting them. monica crowley is here. bernard whitman is here, author of "52 reasons to vote for obama." does anyone still buy that? it's over. that's a book with a limited shelf life. >> still a top seller. >> is this in your view political? he doesn't specifically call out a political party but critics are saying it. >> i interpreted it as shameful for david axelrod who has been and remain as political confidant of the president so

use a personal tragedy for the deeds family to score a political point and he was wrong. the son who stabbed his father and is now dead was turned away from an institution the day before. >> that's why he tweeted this. he went to a mental health institution and allegedly couldn't get a bed at a psychiatric -- >> that wasn't true. there were two hospitals in the region that could have taken him. >> three, i heard. >> he was wrong on that. also to try to leverage a tragedy like this when a family is grieving and the investigation is ongoing. to use it as an opportunity to score a political point. >> i am aghast that you are suggesting this is the opportunity to score political points. this is an opportunity to cast a clear light on a huge problem. one in four americans has suffers from mental illness in a given year. we all know people who have. what david tried to say is

states in the last two years cut almost 2 billion dollars out of mental health services. what wasn't noticed with obama care is one, we are finally going to enforce a law george bush signed to give tary ti to mental health yishs and drug abuse on the same level as fids call illness and with the affordable care act we'll get better treatments. payments are the same -- >> talking about the shortage of beds, bernard. >> but it's kpa we need. >> the shortage of beds in virginia were due to budget cut backs from dems and republicans. >> you're making my point. you just turned into it a political issue. when we look at the 2008 law you stated that president bush signed into law it was about parity for mental illness, forcing insurance companies to teet them on par with physical

illnesses. you had opposition and support t on both sides of the aisle. president bush signed into it law. after the newtown shooting last year, you have republicans leading the charge for increasing spending on mental illness in lieu of gun control but they were arguing for more spending. >> he's talking about we shouldn't be cutting services and so on. it sounds like he may not have known there were beds available and that the initial reporting was confused. >> i don't think he's talking specifically about deeds. >> how do you know that? this administration advised by him has a history of shooting first, asking questions later. may i remind you of the alleged cambridge plits, they acted stupidly, according to the president which he had to dial back. >> putting mental health care as the same level of care for physical illnesses. we owl know hundreds of billions is wasted every year in the economy. millions of lives are ravaged by

mental health. if we can get on the same par as f physical health issues it will benefit society and the country. >> you have that. >> i want the viewers to know they will now do an investigation in virginia about why they were told there was no bed available when there were three. this will raise a question about what we need to do with the mental health system. something clearly failed here. >> terrible tragedy. my heart goes out. >> thank you so much. >> you bet. >> up next, is the just announced peace deal in afghanistan going to require an apology? and "hannity" at the top of the hour with this. >> they are jeopardizing the health insurance of some 200 million americans who get health insurance and the private health insurance market. they are causing millions to have the plans they like now be cancelled. they are driving up rates all across the country. if they had been honest about the tradeoff. if the president said to cover 15, 16, 17 million people we are

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developing tonight, denying reports that the deal requires america to apologize for anything. wore acknowledging that the deal will allow a standard expression of regret. what's that? lieutenant colonel ralph peters is author of "hell or richmond" karzcakarzai wants an acknowled of u.s. mistakes in the past. what he'll get is a standard expression of regret. the administration says it is not an apology. your thoughts? >> you can keep your health insurance if you like it.

it's sad. they are twisting language. the bottom line is karzai demanded and already has gotten or will get an expression of regret, an apology. what do we have to apologize to the afghans for? for the 2300 americans that died defending this treacherous government? for the tens of billions in aid we have given afghanistan, much of which afghans stole? for liberating them from the taliban and giving afghans a chance to rise from barbarism into decent government? is that what we should poll squiez for? karzai villifies us, exaggerates our supposed atrocities for political gain. we bow down. the generals bow down. by the way, it looks like the deal with afghanistan will be very, very bad -- is the politist word i can use. >> supposedly the apology, expression of regret, whatever it is, is for civilian

casualties as a result of u.s. troop behavior. >> bull merde. our attacks on the taliban and al qaeda figures are the precise in history whether with drones or special operations. we go to incredible lengths to minimize civilian casualties. we have been without precedent . karzai plays the taliban, doesn't say anything about taliban atrocities. by the way, you will never have a clean war. i am proud of the record of our troops. even if the generals kowtow to karzai. we have the most disciplined, finest military in history. they have become pawns for obama's vanity project -- afghanistan. >> where's our apology, ralph? >> we'll never get one. it's sad because no one in this administration, megyn, has

articulated concrete, meaningful strategic goals in afghanistan that's worth it. they say, al qaeda may come back. al qaeda is in syria, in iraq. they are in lebanon, north africa. obama has given us a rebirth of al qaeda and afghanistan is a dead letter. >> ralph peters, thanks for being here. we'll be right back. huh...fifteen minutes could save you fifteen percent or more on car insurance. yep, everybody knows that. well, did you know the ancient pyramids were actually a mistake? uh-oh. geico. fifteen minutes could save you...well, you know.

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tweets about oprah and the obama video we played. michael tweets, senator obama wouldn't have liked this president obama guy much. follow me on twitter @megyn kelly. check out our page at facebook.com/the kelly file. good night . it is the end of obamamania. >> yes, we can! >> the approval rating drops to the lowest point ever. >> one of the problems we have had is one side of capitol hill is invested in failure. >> bob beckel and andrea tantaros are are here. >> i want to say i'm sorry to mrs. palin. >> ann coulter has a message for nbc news. >> it's worse than people know. >> plus a former obama secret service agent warns that