have to be pithy, provocative, but you don't have to lambaste, again, thank you for joining us, ms. megyn unext, on "the kelly files." welcome to "the kelly file," i'm megyn kelly, live from the fox news headquarters in new york city. tonight. a kelly file exclusive, why one senator just filed a high profile lawsuit over what he calls a double standard in the health care law. plus, a new twist in the murder mystery getting national attention. >> 911, your emergency? >> blood everywhere, i need an ambulance. >> the sons are standing by their father after he was convicted of murdering their mother. and, did you know today is supposed to be the most depressing day of the year? the reason why that matters may surprise you, tonight on "the kelly file."

developing tonight, the president and his party attempt to turn the page from obama care to a discussion about income inequality. good evening everyone, i'm megyn kelly and this is "the kelly file." and the political "rolling stone magazine" offers dramatic proposals. president obama is back in washington after his hawaiian vacation and fox is tracking the white house message as they now push the income inequality debate to the forefront in an election year. we'll get to the issues in a moment, but first this plan. chief correspondent ed henry at the white house. >> reporter: good evening, megyn, look, the president is in on all of this, telling us the battle of income inequality will be the subject when he lays out the agenda for the rest of his presidency. you saw a very similar mention

from bill de blasio as he was inaugarated, they get very frustrated. back in december, the president made no bones about it at a speech here in washington, saying look, this is a central philosophy on the speech he expects to take to the forefront. it obviously raises the question of why if he has been pushing the policies the income gap in this country is still so wide. that is the policies, the politics, though, also very blunty, democratic senator chuck schumer saying, they want to focus on helping the middle class, that that may be better for the middle class in 2014. we spoke to karl rove today and said the politics could help the president, pushing the increase in the minimum wage, trying to

extend unemployment benefits. it may help him in the short term, but in the long-term it could hurt democrats because it may sound like class war fare in the mid-term elections. and while the president pushes his message, the political column, "the rolling stone," said instead of the economic hell-hole our parents have handed us. we should mention we reached out to the author of the piece, he was unavailable tonight, thank you for joining us. the author of this piece has some very interesting insights. he is an "occupy wall street agent guy for millennials like you. he said there should be guaranteed work for everybody. everything should be owned by everyone, we need a sovereign wealth fund that is basically just a big fund that buys into

the private sector and pays out to everyone. and here is my favorite, he wants social security for everybody. and this is a quote. as much as unemployment blows, so do jobs, what if people didn't have to work to survive? is this a joke? >> no, it isn't, this is how a lot of millennials think, this is a group of people who graduated with degrees in lesbian dance theory, and then were surprised they didn't get a job. you have to be productive in a capitalist society in order to earn anything. and this is, unfortunately, a lazy generation, a generation that expects things, and ignorance and communism is no way to go through life.

>> is there actually a thing such as lesbian dance? >> unfortunately -- >> we talks about we need to guarantee work for everyone. and he talks about how -- listen, we would run a job guarantee through perhaps the nonprofit sector. imagine a world where people could contribute the skills that inspire them like painti ining murals, rather than whatever stupid tasks bosses need done. who is going to pay? and by the way, this article was specifically endorsed by "rolling stone" in its own words. who is going to be paying for these millennials to paint their murals? >> well, nobody, the unicorns, or the children, this is the whole thing, passing the buck to the next generation that doesn't exist yet. and john maynard cane was fond

of saying in the long run, we're all dead. who is going to do the actual work -- >> he doesn't think anybody should have to work at all. he thinks the government should give paychecks out, just for sitting on your couch, you exist, who is going to generate the taxes that will pay for the people on their couches? >> well, this is the big problem for communism, capitalism is forced altruism, i starve unless you find something usable for you. who is -- what is shocking is not that this guy wrote the piece, but this is the sentiment that is felt by many in the aftermath of the century, that is why it tried and failed. >> not many people care what the person from occupy wall street thinks, but we're hearing that the president is about to make

income equality his center piece, the question is are the democrats going to go as far as this guy went? but is this the way the people on the left are thinking? one of the tweets sent out today, he said i don't want the 1% dead, just dispossessed. tell you what, each family can keep one mansion and one car, but the rest is forfeit. even the president came out at one point and said you have enough and i'll at the y-- telln you reach that point. >> it is a vile and despicabide philosophy. capitalism was never made a moral issue. it was always turned into a practical issue. well, the fact is too many people see what happened in america as a failure of

capitalism, rather than as a failure of government. it led -- it led to the deaths of hundreds of millions of people if you take it to this extreme. >> it is interesting, maybe we'll be joined by the rolling stone guy another time and see what he has to say. looking forward to that. thank you, ben. we have extreme weather tonight on temperatures dropping to lows not seen in 20 years. have you checked your forecast for tomorrow? more than 140 million americans will soon deal with a deep freeze that is closing schools, grounding flights, stopping traffic in many cases. officials are issuing warnings of near frost bite, temperatures dipping well below zero. and the temperatures in minnesota plunging to nearly 40 degrees below zero. in chicago, they warn of the dangers of being outside, as temperatures are expected to hit a record 50 below zero. it is so cold in green bay, wisconsin, the fox river is

completely frozen. so we decided it was time to send our team live outside to the new york studio where it is just 33, she is from canada. >> reporter: right, tomorrow night i propose you and i both from here because it will drop at least 30 degrees from where it is right now. we'll be around the zero mark, you wouldn't be wearing the fancy short sleeve, no sleeve thing, my friend. let's take a look at the temperatures, balmy, the arctic chill will move southeast. so those are wind chills, what it feels like as megyn mentioned really dangerous. your skin will freeze in just moments across the upper midwest in the great lakes, feels like minus 35 in chicago, daytime high today, minus 16, memphis, tennessee, it has not been that cold in 100 years, we're talking about the cold of the century in a lot of places. and look at the wind chill

advisories. i have not seen this in my career. this many states with advisories like this, over two dozen, stretching as far south as south florida. incredible. it will feel like around zero degrees at 7:00, i propose both of us are out here and you will be bundled up. look at this, megyn, 14 today, with a wind chill below zero. we haven't felt this wind chill in decades, if you're below the age of 40, which of course you and i are. you never felt these temperatures before. >> i don't think they're going to let me do the show like this one. >> no, you will be dressed like this. >> great hair, thank you, j.d.,

get inside. >> the cold of the century? i thought i just got over that. here it is again. up next in the kelly file exclusive. at the center of the lawsuit, this senator's latest move to solve the so-called double standard. he is getting a push back from his own party. and family members of the four americans killed send a scathing letter to house speaker john boehner. and getting national attention, a husband convicted of stabbing his wife to death. and we'll show you why his sons and now many, many others are convinced he is innocent. welcome back. how is everything? >> nefrz 911, your emergency. there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order.

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. kelly file exclusive for you right now, a powerful republican senator today is getting national attention after filing a lawsuit to stop what he calls a double standard in the health care law. wisconsin senator ron johnson joins us now, so senator, you're getting pushback from your fellow wisconsin lawmakers, including on the republican side, in addition to harry reid and others who are calling this a political stunt. what exactly are you suing over? >> well, megyn, listen, this suit is about overturning a very unfair ruling by the office of

personnel management to give special treatment to members of congress when they get their coverage through the exchange. they actually get tax, pre-tax advantage, employer contribution, no other american gets that special treatment. so it is a manage of basic fairness and also a matter of standing up and ensuring that we also enforce the rule of law. because let's face it, this president across the board is just pretty well ignoring his constitutional duty, his oath of office to execute the law. if you don't like the law, fine, i don't like the law. you actually have to come to congress and pass an amendment and change the new law, that is how the process is supposed to work. >> so obama care involves having people go to the exchanges and get coverage, but they were getting coverage before because they were federal employees. under the law they will get subsidies paid for by the feds.

you say it is a double standard, not everybody gets subsidies, in a nut shell, is that it? it is broad, but is that it? >> yes, the next wave of cancellations will be americans with employer-sponsored care. that is pre-tax advantage. so when they lose their coverage they're going to have to go to the exchange. and they have to pay with tax dollars, members of congress, we get pre-tax dollars. >> let me jump in, you're trying to level the playing field and saying congress is going to have to play by the exact same rules as the american public. but here is my question for you, typically when congress objects to something the president does, and he has done many things that congress objects to with obamacare. he has been accused of thinking he is a king, like i will just rewrite it. what you guys have the power to do is deprive him of money or seek to have him impeached. that is really your only two

resolutions. not to have a judgment, because who enforces the judge's ruling if it comes down against president obama? the executive branch. >> well, megyn, let's figure, we tried the legislative route, it has not worked, we've exhausted the legislative attempts, right now from my standpoint i think this is a very important issue. remember, democrats when they passed this law, the american public was pretty skeptical. so they made this big show they were happy to participate fully in obamacare. get their health care through the exchanges, certainly comply with all the rules and regulations, they were happy to do it until zero hour, and all of a sudden they're faced with the reality of the situation. so the only way they will change the law, limit and repair the damage is if they feel the full, harsh realilaw. and that is another thing this lawsuit accomplishes if we're successful. and i think we have a pretty good chance at it. >> all right, my last question,

you the senator coming out, saying this is frivolous, i won't achieve the result your seeking, saying this is nothing more than a standard benefit that most private and all federal employees receive, including the president. >> well, it is not a stunt, it is not frivolous or trivial. i respect congressmespect the c voted for all but two provisions that would do the exact same thing. i am a little puzzled about the congressman's reaction to this. but i'm sure we'll get along in the future. good to see you. >> good to see you. and last night, a damaging report dropped. we did more digging on what happened. just ahead, the fascinating link connecting a lot of these failed

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sensenbrenn from the world headquarters of fox news, it is "the kelly file" with megyn kelly. a brutal murder is now getting a new look as family and friends continue to defend the man convicted of killing his own wife. it took two trials before a jury convicted him. prosecutors accused him of stabbing his wife to death. and now his family and hers are

standing behind him. trace gallagher live from our west coast with why this story is getting such attention. >> reporter: and megyn, mark and karen were high school sweet hearts, both devout mormons who married as teens, spending the next several years raising their boys. he stayed up late watching baseball, his wife went to bed. he claims he heard cat-like screams, he said his wife was stabbed several times. the family believes it was a home invasion or robbery gone bad. but from the very start police say it was the husband who it turns out was having an on-line affair with a woman he knew in high school. now, the defense points out the bedroom window was torn. that neighbors saw strangers in the area and they saw a car sped away. but much came down to the 911 call made by the husband.

first, i'll play you what the defense thinks he said. listen now and read the captions underneath. >> 911, your emergency? >> i mean, blood everywhere. >> you need an ambulance? >> hold on, let me get the medical dispatcher, hold on, sir. >> you heard him say i found my wife? well, the prosecution heard a different version. listen again and read their captions, play this. >> 911, your emergency. >> i got -- i -- [ bleep ], blood everywhere. >> need an ambulance? >> blood everywhere. >> yeah, i killed my wife, they say the first jury hung 9-3 in favor of acquittal, the second jury took a day to deliberate and found him guilty of murder. >> and just to clarify, the second one, the prosecution's version didn't say i found my wife sick, they argue he was saying i filled my wife, and then an expletive, sh.

>> i killed my wife, and sh, that is what they're saying happened. >> all right, thank you, trace. joining me now, judge alex ferrer, a retired circuit court judge, this husband is now spending 25 to life, sentenced for this first degree murder based largely on that 911 tape, judge, and a lot of circumstantial evidence, what do you make of it? >> it is a weak case, you know the saying, megyn, weak cases make bad law, this case is going up on appeal. the appellate courts bend over back ward making sure they don't have cases that get sent back, in this case, the first jury hung, it was leaning for an acquittal, there was a member of the jury who should not be on the jury, he was an alternate, a juror over slept, then that

juror said i'm voting guilty no matter what, and he got hung. no matter how you look at it, slice it, it feels like a weak case. >> he was home alone with her the night she was murdered in their bed, according to the forensic experts, stabbed once in the back, once in the chest. he had motive, according to the prosecution, he was having an affair, and the affair partner testified on the stand about allegedly him saying to her he loved her three times. and then him saying for them to ever be together, something bad would have to happen. >> yeah, no, believe me i'm not saying that he didn't do it. i'm saying that you have to be able to prove beyond every reasonable doubt he did it. and there are a lot of factors that weigh in his favor, as well. and everybody who knows them say they were the most loving couple. and that they were never fighting. the prosecution got up in front of the jury saying she asked him for a divorce that night when

there was not a shred of evidence that she had asked -- >> it was established, admitted at the trial he was having a texting affair. >> when you say affair -- >> he expressed his love for her. >> they had not even seen each other. >> but he loves her. >> okay, i'm not defending him on that one, what i'm saying is this is a woman he met on facebook that he went to high school with. he admitted to his wife that he had been chatting with her. they had never met or gone out, they certainly never had sex. >> i get all that. >> could he have planned to kill his wife. >> you can't -- it was established he is having at least an emotional affair. >> yes, but his family -- >> you were a police officer, in addition to being a judge. >> sure. >> to me, it is extraordinary that this man with no criminal history, as far as i know, and no history of domestic violence with his wife would have stabbed

her to death. a stabbing death -- stabbed her in the heart, basically while she is in their marital bed, to be with this woman whom he may love but it is only a text, you know, relationship that kind of thing. that does seem, perhaps a best of my knowled -- a bridge too far. >> my thoughts are, somebody reaching for a knife, i see it as an opportunity at the time that the passion gets high. my problem with the case is everything else. yeah, you can have things that weigh in favor of him possibly being motivated to kill her because this or that, but there is a big cry he could have done it for this, he probably did it for this and proof beyond a reasonable doubt. >> and given that, the prosecution argued he would get about a million dollar pension he wouldn't want to spend with her in the divorce. >> well, that is true in every

married case. >> and i apologize to the audience for putting up the graphics, but maybe we can play it one more time before we let the judge go, they argue that he slipped and accidentally admitted to the 911 operator, i killed my wife, and then said the "s" word. listen. >> 911, your emergency. >> i [ bleep ] my wife, and blood everywhere. >> you need an ambulance? hold on, let me get to the medical dispatcher, hold on, sir. >> and now for the second time we've put up the wrong graphic. we keep putting up i found my wife. that is what the defense is arguing, the prosecution did not argue he said found, he said killed. >> they argue that he said i killed my wife and then he said the s word because he caught himself saying the wrong thing. here is the problem with that. the jury listened to it over 20 times, they couldn't make it out. i listened to it a bunch of

times and couldn't tell. this is like the tape in the zimmerman trial. you can't tell who was crying out. if this was the tape that they believed he said i killed my wife, why didn't they arrest him? if somebody called 911 and said i killed my wife, he is not leaving the house without being in handcuffs. clearly -- >> this is a fascinating case, some of her family members are standing behind him, reportedly. >> i think both of their families are. >> and the five boys are standing behind the father, we'll see how it plays out on appeal. judge, great to see you. >> always good to see you, megyn. and the families of the four americans killed in benghazi, sending a scathing letter to john boehner, what they are now demanding, up next. plus, reportedly billions lost in green energy failures. we did some more digging on who was behind this issue. plus, one of the most viral

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. first on the kelly file, family members of those killed in the benghazi terror attack, they are demanding a special select committee to investigate this attack and they are not alone in their desire. the chief intelligence correspondent katherine herrige has more. >> reporter: well, megyn, this is signed by the father of

tyrone woods who was killed, as well as foreign service officer. there are five separate committees, and they say quote, the obama administration has benefitted to hide the truth. it appears you are satisfied to allow that state to continue. on the controversial new york times report concluding al-qaeda was not involved in the attack which killed four americans, the letter says it is meant to establish facts. in the letter, they address the allegations that the cia was facilitating the move of aid by syria to turkey and reveal it would now be politically embarrassing. >> one of the questions the select committee would ask is who in congress was brief about what happened during the benghazi attack.

speaker john boehner was in that category of congressmen who would have been briefed. >> the house speaker calls the allegations inaccurate, arguing that they are committed to uncovering the truth. but 75% of the house republicans saying that that is piece meal, and they're calling to create a select committee to the fore for an immediate vote. >> katherine herrige. >> then, i'll give you a list of other failures, energy, beacon power, range fuels, a, one, two, three, ecotality, i'm exhausted. >> as i told you at the beginning, the energy business is tough. >> that was the department of energy official trying to answer questions from 60 minutes in a cbs investigation that aired

yesterday, and tallying up the $100 billion plus that went from the obama administration and not much to show for it. this man is the focus, a silicon valley entrepreneur, seen with then senator obama, at a campaign event. his company received hundreds of millions in taxpayer-backed loans and assistance. now, the report did not mention that he also contributed and bundled millions of dollars in donations for the president and democrats. and that is a key fact about some of these companies, mark is a former speech writer for president george w. bush. explain the connection, mark. >> well, sure, i think 60 minutes missed the big story, this is not just a story about wasteful government spending or just a story about this stimulus

program about jobs, it is a story about political corruption and cronyism. you have a situation where 80% of the green energy loans that president obama gave out in his first term went to donors of the democratic party and to barack obama. $16.4 billion, 80% of these loans, okay, and just one energy program. these donors go out, raise money for the president to get elected. as soon as he is in office, he turns around with the stimulus to give them hundreds of millions of dollars. and he goes out and does it again. >> is this because the democrats are the ones pushing green energy? and therefore, they are the ones whose entrepreneurs are going to the white house, asking for taxpayer-backed loans? >> absolutely, this is a liberal philosophy of the government picking winners or losers, rather than a free market. >> well, then you would expect that, where is the concept of so

many recipients of these backed loans are bundlers for the president. these are his guys, these are the programs they believe him kn. >> well, this guy, kosla, says he is considering himself a republican for barack obama. she asks him, so you got $100 million from barack obama, how much did you give or raise for barack obama? and this is a guy, he goes out in the 2008 campaign, a member of the india team and he raises over $100,000 for democrats. gives personally over $100,000 raises, millions more, then obama gives him $100 million. then he comes back the next year in 2012 and hosts a $900,000 fundraiser at his house and gives a million dollars to priorities usa, the group that ran that ad saying that mitt romney had killed a woman. >> but wouldn't this be

controversial if we had seen these fail. the fact that so many of them had failed. now, the administration says, the nature of start-ups is that they fail. and they say it is a very low portion of the entire portfolio that has failed, they claim. >> well, kosla says he expects half of his companies that have gotten these taxpayer subsidies will fail, and that is how it works in the market. but when you're out there trying to raise money for free market, people do it on the basis of merit. here the way it is being done is the political connection, it is not based if there is a good idea or not, it is based on the fact that he campaigned for president obama. >> was this done under president bus bush? >> it used to be the donors wanted ambassadorships, now they want hundreds of millions in subsidies. they have collectively raised

$450,000, they got back $11.4 billion. that is a return of investment of 25% of taxpayer dollars, there is nowhere you can get that return. >> wow, you think about that kind of money and think about the stories done to our veterans. and it really questions priorities. thank you. >> thank you, megyn. and a judge has ruled that people who are just friends can have legal standing to adopt together. we'll investigate that after the break. file this blonde anchor and lawyer under fox news where she hosts a

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where queen mattresses start at just $699.99. sleep number. comfort individualized well, a landmark ruling on adoption, a new york judge allows two friends, not married, to adopt a child together. the child splits her time between the mom's apartment in manhattan and the dad's home in brooklyn, going against what many family law judges argue against, splitting the family. and joining me now, the president of comprehension's group. so this judge ruled what, exactly? that anybody who is just friends can adopt? >> well, she made it very fact specific. basically what happens here is there is a man and a woman who are friends, by all accounts

they're friends. the woman wants to have a child. the man volunteers to be a sperm donor, but she can't get pregnant. then they volunteer to adopt a child in africa, but they're not married, she is the only one who can be on the adoption papers and she is. then they go to surrogate court, where the judge retains a social worker to look at the entire situation. >> he only wanted to be a sperm donor. >> they have been pals since 2000, so 14 years. >> aren't they always in the adoption situation looking to see a stable environment, they include stability to include a married mother and father? >> the findings of the social worker were that you had a loving, caring, even though they didn't live together, they spent a lot of time together. he went to her family's relatives' house -- look, i'm not saying i agree. >> i don't know that she wouldn't have been adopted --

>> how many people do we see that get married, divorced, i've had friendships that lasted 30 years. >> there is a child involved. >> so what? >> but we have a family for a reason. >> wait a second, all you have is a piece of paper that says marriage on it. a family -- >> and then in marriage, there is at least a commitment initially to be together. >> but i think these people are making a commitment to raise a family together. does it really matter they have a piece of paper? >> i think it could be student problem of a big problem down the world. to me, there were many children in africa, a lot of children who potentially don't have a loving and stable home. if there is an option -- >> as opposed to being raised in an institution. but it is better, but i think marriage is an institution -- >> i mean, megyn, what happens if -- i can't wrap my brain around it. maybe because --

>> is that your argument? that was your lawyer argument? >> yes, i say your honor, it is so outrageous, so beyond the pale, you and i are buddies, but you're married to douglas, but we want to have a kid together, we spend a lot of time together, i'll come to your house, it gets a little -- absurd. >> i think he is looking to get adopted. but -- >> that wouldn't be the worst thing in the world. >> speaking of absurd. old spice has apparently decided to try a new tack, to reel in people. check it out. >> ♪ ♪ ♪ with women and misty hair ♪ ♪ ♪ old spice ♪ now is kissing all the women ♪ he now he is touching, feeling,

kissing all the women -- >> i'm so confused by all of this, i don't understand it. >> i love it. first of all, old spice is marketed towards high school kids, because let's face it. if you're over 21 and using old spice, you have got problems. you know, when you're trolling, but, this is obviously marketed towards kids, oh, little johnny is getting older, growing up, getting ready for college. >> okay. >> i thought it was a new product. >> you thought old spice was a new product? >> it was some interesting conversation in the green room. she was just like -- i just heard 24. >> what do you mean? there is nothing to be ashamed

of. will this appeal to people of your generation? >> i think it is sort of mocking the character, i thought it was increasingly funny, it was absurd. >> the head coming out of the fan was very weird. i don't know what is going on there but it reminds me of -- what was that show where they had somebody tortured like that? >> home land -- >> and the moment of that you need to see next.

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well, today is apparently the most depressing day of the year. . well, today is apparently the most depressing day of the year. why is that? they say you've already broken

your new year's resolutions. weather conditions suck. the debt levels are high and too many days have passed since the holidays. unfortunately, it's worse than that. >> i was having a great day, i got robbed on the way here. >> oh, no. >> somebody punched me in the face. maybe you can pan and see this, and stole my iphone. >> mayor de blasio is under criticism for the crime. >> i miss you. >> are you okay? >> i was having a great day, and then this happened. so it is the most depressing day of the year. i'm like a buzz kill. >> we'll talk later, i know a lawyer who can help you. is it the failed resolution? >> i think it's the bank account. you get a little loose around christmas. i'll buy this extra present. and then you're like wait a

minute, there's a zero missing. >> i think when you have that time, there's a lot of self-reflection. >> and speaking of the moment, did you see this? >> i'd like tv anchor force 500. >> file this blonde anchor and lawyer under fox news where she hosts a show weekdays from 9:00 to 10:00. mary. >> who is nancy grace. >> who is megyn kelly. >> don't be fooled. i am huge. >> yeah, nancy grace, you are huge. >> i think it's fantastic. just, there's always something to keep your ego in check. first you're like i'm on gene l

jeopardy. >> and no one. >> i took the jeopardy quiz last year and i didn't pass it. >> they knew it was going to be hard. >> i thought he was going to get the $200, so. >> listen, my mom and my nanna got a kick out of it. that's all that really matters. thank you, panel. coming up, hannity at the top of the hour. the way she was apologizing for to. she saw her fourth quarter ratings at msnbc. ♪ this magic moment it is the story of where every great idea begins. and of those who believed they had thpower to do more. dell is honored to be part of some of the world's great stories. that began much the same way ours did in a little dorm room -- 2713. ♪ this magic moment ♪

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so it would have been wours, because think could have made me the daily double. those are super tough. what do you think? would you have gotten it right? let me know. or check out or facebook page. i'm megyn kelly. welcome to hannity. it is a new year and time to take the country in a new direction. tonight i will lay out the conservative solutions that will put america back on the right track. this is a hannity you cannot afford to miss. on the eve of one of the coldest days ever, we'll investigate while billions of your hard-earned tax dollars were used to study climate change in other countries. one of these things -- >> emotional times at the peacock