going to say it. please check out the factor website, different from bill o'reilly, and no

>> developing tonight top democrats try a controversial move to keep republicans from grabbing reigns on capitol hill. welcome to the kelly file, everyone. with less than nine months to the mid term democrats are looking on the ropes. dropping tens of millions of dollars to remind who is responsible for many people losing their insurance and their doctors.

>> >> tell kate hayingan she doesn't get it. >> tell congressman raily obamacare is hurting iowa sdpaemz we deserve better >> these democratic senators are being singled out. tonight we hear they're pushing back. some suggesting that the irs, hello? yes. should regulate these organizations. didn't we just go that? i think so. mark teason is a

former speech writer for former president bush. you can't make it up. democrats are in trouble for votes on oak yauma care and turned to the very group that is itself in trouble for silencing conservatives to help them silence conservatives? >> it's almost laughable if it wasn't true. everyone of the people he you showed on the screen voted for obamacare. every single one is on video telling the same lies barack obama you can keep your plan so the groups are making sure every single state knows about it. they're desperate to stop them so they're turn together irs. instead of silencing them why don't they l have ads run saying how wonderful obamacare is? because they want to run from obamacare. these groups calling

them to account and stopping them from running from their votes. >> they've come out and said that they want the irs to crack down they say on all of the groups, mark, they say it's not just conservatives. this is before groups that are entertaining this advertising. they want irs to crack down on them. that is what they're saying back in 2010 which led to, according to the inspector general, led to the targeting of conservatives in the first place. >> no. that is right z look, now you have a new fox news poll showing 64% of the american people think irs is corrupt. they're turning to the organization that is under criminal investigation, under that shadow, they're turning to irs not only to target the groups but defund and silence them, it's almost, unbelievable. >> it's happening again. we heard chuck shumer, you know, a

couple weeks ago being explicit in the calls for irs to crack down on these groups yet again. now we have top democratic senators saying yes. that is the answer to stop the ads. listen to mr. shumer >> tea party elite gained influence being able to funnel dollars into campaign was ads that distort the truth and attack government. but there are many things that can be done by the irs and other government agencies we have to redouble those efforts we've not worked hard enough on this. >> couldn't be more explicit. >> yes. this is cyclical. in 2010 they complained about this group. in 2012 they were silent. priorities action usa spending $57 million in a smear campaign against mitt romney claiming he killed a woman who had cancer and took away her health insurance. that is convenient.

what changed between 2012 and today? democrats about to lose control of the senate. they're in trouble. they can't defend their policy there is not enough money out there to run ads explain together american people and convincing them obamacare is a good idea. they can't defend the policy. only way they can win is by silencing groups calling them to account for their votes. they're on video. americans are going to see them looking to them saying you can keep your plan. it's not true. there is going to be a second wave of cancellation asks videos showing them things saying you can keep your plan as people are getting the letters >> americans are going to see that unless irs steps in to help democrats that are complaining. >> thank you. >> thanks megyn. >> as mark mention aid moment ago, new fox news polls show 64% believe that agency's targeting is an example of corruption. and a whopping 71% say congress should continue to investigate

including in that number, a big number of democrats. even after president obama, here with bill o'reilly in that super bowl interview said nothing to be seen here. >> you're saying no corruption? >> no. no. there were some boneheads of suspicions. >> but no mass corruption? >> not even a smidgen of corruption. >> okay. >> a senior fellow warned about this irs controversy when he was called to testify in december. good to see you. warned about presidential oversxreech how dangerous this is to be, what the irs has done what the president has done with respect to our immigration laws and with respect to obamacare. you see it working together in a certain narrative that tells us what about this president? >> well, so your poll spoke about corruption we should talk about this in constitutional terms the president is obliged by

article 2 to take care the laws be faithfully executed. >> we've got that. let's put that on the screen. >> what this president has done looks like rewriting laws rather than executing them. this has been the president's meft-important duty in a number of cases what. he's done seems like it crosses the line. >> how does the irs controversy suggest presidential overreach? so far, evidence is that that is an agency thing. how is it relevant? >> so first thing to notes nts again, presidents do need to take care laws be faithfully executed thachl is not executing them them self that, is supervising executive branch n a sense what the president knew and when he knew it is beside the point. he should have known. he should have been supervising his irs. >> when you talk to congress ask testified before congress you said when have you presidential

overreaches and last night we had progressive trial attorney jonathan turley on, we have the same position as you you say the answer we have is impeachment if bad enough. you say we're not there yet or defund certain laws. you say main answer is elections. when you have a tax agency that is trying to silence the very groups trying to urge people to go to polls and vote a certain way, then that undermines the remedy that you're proposing for presidential overreach. >> it's quite right this, is the most-frightening form of the duty what. framers were perhaps most worried about is a president would execute the laws, discriminate on the basis of politics. what is terrifying

is that it can undermine all that follows if you don't believe in results of the election you're not going you're not going believe in the legitimacy of the government. >> what if president says i'm enforcing the law. very to have my agencies help me i haven't gone as far as other presidents have gone in terms of numbers or reach, you know? i didn't put the japanese in internment camps. maybe there have been extraordinary presidential executive actions in our history. >> well, the only thing the president can say is that i haven't put anyone in internment camps. >> that is my argument, a example of presidential action. >> i don't think counting executive orders is a point. some seem flatly inconsistent with statutory mandates of, for example, obamacare says floor mandate kicks in january 1, 2013, statute could not be more clear

the president decided he's not going to enforce that for one year, now, another year. maybe only going to enforce it against certain employers and not other employers. this is in the peak of a crystal clear statute. >> we'll see fit gets postponed beyond 2016 presidential election. >> good to see you. >> thank you. >> all the best to you. >> we're going to have more as we take tomorrow's broadcast to investigate what is being called a presidential power grab. we'll investigate where one liberal legal scholar says the president is quote, becoming the very danger the constitution was designed to avoid. and we'll hear arguments there is nothing new year, nothing at all. a kelly file special report tomorrow at 9:00, hope you join us. >> extreme weather alert for you now. a major wreaking storm tonight packing a 1, 2 punch hitting the south hard with snow and ice this, is the mess in virginia. cars buried under

nearly two feet of snow. here is a picture just outside of new york city. and now, it's raining. fox chief meteorologist is here now with more >> take a look at what this storm has done starting in texas. you can see this really exploded yesterday across the south and overnight. that pink bringing you that really incredible record-breaking ice in parts of georgia and south carolina, then then, heavy snow across eastern seaboard. turned into rain at one point today. that stops snowfall totals from growing too much in places like philadelphia and new york. but not before philadelphia getting almost ten inches of snow. that put them at their fifth snowiest season they've ever had on record. take a look at fourth and third seasons, very, very close here. we're going to get more snow tonight. there is another snow storm coming on monday we're going see snowfall totals go up. temperatures just below freezing mark. there is a lot of slush out there that won't freeze things solid

but it's not going help and there will be slick roads in the morning because you see colder air beginning to filter in here, snow in philadelphia rain in new york city. we're going to see that cross back to snow. some areas maybe 2 to 3 inches of snow. then, fridayed fri night into saturday, chance of another 2 to 3 incheses of snow, again >> drama ensued when politicians make the wrong call. and new york city mayor announces the forecast is not a concern and schools could stay open. here is al robinger's forecast. >> heading into new york, new jersey into parts of new england we're talking from 6 to 9 inches 3 to 6 inches as well. >> despite warnings new york city mayor chose to keep schools open anyway. a decision left parents, students and teachers

outraged we had the governor declaring a state of emergency telling foam stay off the roads and the mayor telling you to go to school. mayor defended his decision blaming the national weather service. >> we knew based on reports of the national weather service we could have as little as three inches of snow on the ground by the time kids walked into the door of the schools and could have more. we could have 4 or 5, or more. it was a grave situation >> assume the best. that is the best. assume the worst will not happen. don't plan accordingly. that did not sit too well with al robinger who began an eyesy mayor with the mayor over twitter. we're live in new york city now in what was snow, now, it's freezing rain outside of city hall. hey, todd. >> hey, megyn. just waiting on frogs and locust. when al

robinger heard what the mayor said there was a polar vortex that exploded inside of the weather man, here is what he said we have his tweets here, first he tweeted out how dare the new york city mayor's office, new york city schools throw the national weather service under the school bus? the forecast was on time and on the money. then wrote i knew this morning that the new york city mayor's office and schools would close schools, talk about bad predictions, long range forecast for the, one term, mayor diblasio didn't take kindly to that, lashed out and took a punch on al robinger, here is what he said >> i respect al robinger a lot. watched him on tv many, many years. it's a different thing to run a city than to give the weather on tv. >> and megyn. 45% of the student body showed up. new york city

said tough luck f you didn't show up you're not going to be able to makeup that time. let's be clear. kids expected, they expected kids to walk through 30 miles per hour winds, snowfall at 2 to 4 inches to get to school. the head of the school system here in new york city today the weather today, it was beautiful. well, yeah. if you're a penguin. beautiful, megyn. >> then, then, after kids show up they sent them home early saying never mind this is bad. go home, wait, it's beautiful outside unexcused absence. it's like add. todd good, to see you. wipe those glasses, poor man. >> thanks megyn. >> stay tuned to fox news for continuing coverage of the winter storm tonight at 10:00, shepherd smith will be here with special live coverage as a third of america tries to cope with record snow and ice. also tonight... we think you a

aare -- >> oil pipeline pro testers target a big executive in his home the executive that is all too familiar with the tactics. then, stunning story about what is looking like a massive act of civil disobedience but thousands of gun owners in one state. plus, new fox polls just out showing what american families think of the health care law. >> well, it's a mess. >> former presidential candidate mitt romney joins us on the health care debate and his 2016 future. instead of mailing everyone my vacation photos, i'm saving a ton of time by posting them to my wall. oh, i like that one. it's so quick! it's just like my car insurance. i saved 15% in just 15 minutes. i saved more than that in half the time. i unfriend you. that's not how it works. that's not how any of this works.

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you know that we think that you and embrige are corporate criminals and should be in jail -- >> what was the -- >> they shut down your pipeline. >> they put a lockdown on one of your pieces of equipment and now they're facing three years in prison. >> 10:00 at night, not happy to discuss it, not here, not now. >> you think you can just go to work and punch in and poison people and come home. >> and not be bothered by the likes of us. well, that was this group here by anti-pipeline protesters who showed up at the home in the night at the home of the executive. the group was upset about the arrest of three fellow protes r protesters last year, the three were convicted of chaining themselves to an oil pipeline project, they were convicted. but the protesters were upset about the sentence. mackie is a board member of the company.

john hoffmeister is the founder and ceo and has personal experience with groups like these. john, good to see you, shell oil, i have heard of that. good job, i want to ask you, though, you say he is not the first? he is not going to be the last? >> no, you know, there are the good -- the good thing about our american system is people have the right to say what they think. now, there is good judgment and there is not so good judgment about when and what to say and where and so forth. and there are questions if you -- consequences if you step out of line, you don't have the right to chain yourself to pipelines. you are out of line, you have free speech, but then don't come on the other side complaining if the law is treating you justly for whatever you did. whether it is chaining yourself

o -- it is bad behavior, that is what it is. that is where the freedom of speech carries with it equal responsibilities for those who want to take advantage of their right. there are other ways they could do it more reasonably, which i think the executive was suggesting. >> i was shocked at his composu composure, he said this is 10:00 at night, it is not the time to do this. these people with their masks and torches and talking about how they feel they have the higher end of justice in storming the man's house. i realize the oil business is somewhat controversial, but maybe even people like you should be able to feel safe in your homes without having people like this coming and bothering you. >> well, when you take on high levels of responsibility you take on more risks. that goes with the territory. but also, you're trained. if you're not trained you should be trained. because there is all kinds of aberrant behavior out there, and

if you're not anticipate iing i and you're not up for it then maybe you shouldn't take on these risky positions. >> what did folks do you when you were running shell? >> well, i've had speeches interrupted by loud voices. i had, in the case of one particular incident in wisconsin groups walking through the auditorium carrying a fake pipeline, protesting the keystone xcel pipeline as an idea. trying to disrupt the speech. trying to take over what is going on. and what happens is they become the fools in the room. because the people who came to participate in a legitimate discussion over a legitimate debate, both sides of the issues, and there were two of us debating, one side versus the other side, they were completely selfish in taking over and demonstrating their inmaturity, they're unreasonableness, their inpracticality.

it was not just the security people who wanted them out. the audience wanted them out. they're just a nuisance, obstructing their experience of free speech, which includes listening as well as speaking. >> it is not to diminish their position, it is to diminish the tactics meant to intimidate and debate. john, good to see you. >> thank you. up next, former presidential candidate mitt romney joins us about what he really thinks about the botched health care rollout and how president obama is misusing his constitutional power. does he think we're in the middle of a crisis? and reports say o.j. simpson doesn't really like prison. he apparently now says he wants to die and is on a hunger strike. tonight, see why we just learned that he apparently is in prison because of president obama.

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some are now calling a massive act of civil disobedience. trace gallagher has more. and in fact, megyn, we talked to a lawmaker who said he never saw this law disobeyed so much. this is what is classified as an assault weapon so that more weapons can be prohibited. you can still own an assault weapon as long as it was registered by the state police as of the 31st of december of last year. look at the numbers, just 38,000 were registered, another 2800 in the process of being registered. now, nobody knows for sure how many of these weapons are in connecticut but it is a lot more than the 50,000 you see on your screen. even conservative estimates range from 150,000 to 350,000, that means connecticut now has hundreds of thousands, potentially of brand-new criminals because not registering is a felony. now some state lawmakers say

many gun owners did not know about the law or ran out of time. but run republican state senator told us he has firsthand knowledge that residents believe their rights are being violated and refuse to abide by the law. listen to him. >> when people start to question the laws and the lawmakers and the process that they went through, then that kind of eats away at the underpinnings of democracy. i don't think that is too far a stretch. >> right now there is no plan by the state to remedy this, megyn because there is no amnesty. so if you go into register your assault weapon right now you could get busted. this is astonishing considering that connecticut is not exactly texas, megyn? >> all right, trace, thank you. a brand-new fox poll just out suggesting americans have little hope that the health care law will help them. and don't believe the law would have passed if americans had been told the truth about it. this week we asked how families are doing under the health care law and a whopping 90% said

their family is either the same or worse off than before it passed. the president has of course struggled to maintain his credibility on this law, thanks to his repeated assertions about how you would be able to keep the plan if you liked it, including the assertion in the first presidential debate in october of 2012. >> and let me tell you exactly what obamacare did. number one, if you have health insurance it does not mean a government takeover. you keep your own insurance. you keep your own doctor. >> right now the cbo says up to 20 million people will lose their insurance as obamacare goes into effect next year. this is why the american people don't want obamacare. it is why republicans said do not do this. >> well, earlier i had the chance to sit down with former governor mitt romney. >> megyn, good to be with you. >> what a moment, now in receipt

-- retrospect. you knew and the american people knew, that the plans are being cancelled. doctors are being lost. hospital coverage is being lost. let me start with you, do you believe the american people should trust this president? >> well, i think they have lost the confidence they had in them. i think one of the great things you have as a leader of the country is the confidence of the people and the beliefs that what you're telling them is the truth. and i believe in the campaign and the months afterward the president consistently said if people liked the insurance they had, they could keep it. they could keep their doctor, prices continued to go up. this turned out not to be true. and the breach of this promise seriously eroded the president's capacity to lead at a very critical time. >> and now, president obama's problems continue to crop up day by day, the president's actions, i think he has taken on obamacare ended up being 28 moving around congress, that

doesn't involve them extending the employer mandate and so on. and there is a question being asked not just by conservatives but by liberals, we had jonathan turley, a very left-leaning professor, who does not support the event. >> and the whole structure of the house put together is the biggest problem. but the implementation having been an unmitigated mess, and the people who need relief from the implementation of obamacare are the american families and that is the group that deserves to get some relief from this act. and i think it has been very disappointing and very revealing to see the president go through and make these changes, which is a very tacit, and in fact, explicit recommendation that the law is not working and that the administration has not done the job they said they would do. >> many people feel the only chance to reverse the law now is

to elect a republican president. and to have the republicans win control of the senate and do it legislatively in the next presidential election. i know you have been asked, including recently whether you would consider a third try at the presidency. and there are polls out of new hampshire that place you as a frontrunner, you said no, you are not going to do it. let me ask you this, are there any circumstances under which you would consider running? >> well, i'm not running and i can't imagine any circumstances that would get me to run again and the reason is very simple. and the reason is, i think the best chance we have of taking back the white house is somebody who has not yet run in the way i did last time around. somebody who brings a new vision and is able to communicate that to the american people in a way that leads to a victory. and so i'm going to be supporting a republican nominee in 2016. and i believe it is critical for many, many reasons. obamacare being one of them. so i will fight for that person. and i think someone besides me is more likely to be the winner and that is why i'm going to be stepping aside for them. >> what is the one piece of

advice you would give to the gop nominee having gone up against the democratic machine. >> well, start early. work long and hard. make sure that your message is communicated as early as possible so the democrats can't villify you before your words are even out of your mouth. make sure you don't make mistakes like i did. learn from the mistakes. make no mistakes. >> tough to do. >> it is pretty hard in this world. >> let me go on to the olympics because as the man who stepped in and saved the salt lake city olympics back in 2002, i know you have been watching the olympics carefully. and one of the things you have been watching is the exorbitant, huge expense that they put on for the olympics in sochi, why should anyone care? >> well, i think it is a real problem when you spend that much money. $50 billion spent by china and russia. you may think what is the harm if a country wants to show on?

because by the way only a fraction of that is needed to put on an olympic sport, you can do that for a much, smaller amount of money. frankly the games here in salt lake city were held at a much, much smaller number. so what is the harm? the harm is that that money could be used to fight disease and poverty. the harm is other nations being able to host the games are frightened about being able to do so because they can't keep up with the big spenders. and the harm is the poor of the world look at this kind of excess and they have to be dismayed and sometimes angry at what is being spent. i think the international olympic committee has to limit the kind of money that goes into budgets to put into olympic games and to make sure we're not spending money that is frivolous. >> and you did it for a little $3 billion, which is pretty impressive. i want to ask you this, russia has come under fire for hosting the olympic games and for

allowing them, because of putin, the russian government's stance on gays. and just recently, they said a gay would not be allowed to adopt children, you can get arrested if you say anything pro-gay in russia, is that an issue because they have been hosting the games? >> yes, i think the russian position is a reprehensible position. and they're pursuing the kind of agenda they're pursuing. i understand this is not being pursued at the olympics and gay athletes are able to participate. it is now if you can prevent countries from hosting the olympics. look, i'm no fan of putin, i think he is a thug. i think he is one of the worst actors on the world stage. i'm not a fan that he is hosting the olympics, but i think olympics is about sports and you have to put the politics aside.

>> go team usa. >> yeah, you bet. >> all the best to you. >> thanks, megyn, good to be with you. and we often speak about charles krauthammerer and the power. up next, learn why he is fired up tonight about mammograms. watch what he will have to say. this will make some news, send me a tweet @megynkelly. watch this segment after the break. [ male announcer ] she won't remember this, being carried in your arms... but after a morning spent in the caribbean, playing pirates with you in secret coves, an afternoon swimming with dolphins, finished with a movie watched against the setting n... shwon't exactly be short on memories.

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i'm spending too much time hiring and not enough time in my kitchen. [ female announcer ] need to hire fast? go to ziprecruiter.com and post your job to over 30 of the web's leading job boards with a single click; then simply select the best candidates from one easy to review list. you put up one post and the next day you have all these candidates. makes my job a lot easier. [ female announcer ] over 100,000 businesses have already used zip recruiter and now you can use zip recruiter for free at a special site for tv viewers; go to ziprecruiter.com/offer4. and tonight, questioning the benefits of mammograms, a study out of canada said the tests may lead to unnecessary treatments and may not reduce deaths.

critics call this study deeply flawed. dr. charles krauthammerer is a fox news contributor and he has some thoughts about how it will lead to obamacare among other things. charles, this is causing a lot of consternation. the american society says this is an incredibly faulty analysis, they stand by the annual mammogram recommendation that most women adhere to in this country. your thoughts? >> well, look, i'm not here to adjudicate the debates between the experts. but nobody can look at this study and not be impressed with its rigor. this is a study of 90,000 women. studied over 25 years. and most important they were again sort of the scientific gold standard. the women were randomly assigned. randomly assigned to either just

a breast exam or to mammograms. and after a quarter century of follow-up they find there are no difference in the death rates. now, that is a pretty astonish finding, so astonishing, that an editorial in the same journal that ran the study by one of the world's experts in epidemiology said it should police make us re-think whether or not the mammograms do any good. and in fact, when they got the mammograms, and 20% received chemotherapy or radiation or mastectomy, and yet the death rates were not affected which would imply that all the suffering and pain were unnecessary. so her conclusion was it was not only useless, it was worse than useless. >> they also found the 25-year survival rate was 70% for women who had a mammogram and the

breast cancer detected thanks to the mammogram. and it was only 62% for women who did not have the mammogram. so there was some data suggesting the mammograms had been helpful. but what is the point? overall you're right. the study is not indicative of the need for more women to have a mammogram and suggested more harm could be done with unnecessary mammograms and such. but why are you taking issue with this? >> well, in fact i happened to write a column last week in which i talked about things we believe are medically true and carried out for years and decades often turn out to be totally untrue. the example i gave last week was antioxidants, which is the rage, everybody loves antioxidant, and in the annals of antioxidants, three studies found out they were either useless or harmful. and there was an editorial there, people who studied these

results and said that they are so useless that we should not even waste research money on looking into these. and then i was struck by the fact three days later you got the study on mammograms. the reason it affects us directly is that the obamacare mandates not just everybody has to have the coverage. but it mandates what coverage everybody has to have. remember, megyn, last -- the end of last year when they cancelled 5 million policies, which the administration said was inadequate, chintzy policies and therefore had to be replaced. well, one of the reasons these were considered inadequate, they did not meet the obamacare requirement that you have to have in every health care plan, free mammograms. so the question i'm going to ask then is this. given the uncertainty about this and the fact that there are some very skilled people who believe that this is either useless or worse than useless, are we going to rethink this or is this going

to remain part of the requirement for any health care plan? and not only is it required in the health care plan it is one f of the few things that every health care plan has to provide free, without a co-payment. if your child has an ear infection you have to do a co-payment. if you want to purchase antibiotics, but if you have a mammogram or contraception or sterilization or any of these or things that are anointed as being needed, i am always struck by this things we need, by settled science, and science is not that easily settled. >> it is one of these things in the united states, at least anecdotally, who had their lives saved by mammograms. i mean, even amy robach had a

malignant tumor, and is under going treatment. i don't want people to take any hard line on any actual study. >> i agree with you, but remember it was not between a mammogram and nothing. it was a mammogram or a breast exam. and the point was that a very low tech procedure would give you the same effect in the end. >> charles, great to see you. >> pleasure. >> well, reports say that o.j. simpson is not happy in prison. and now he is refusing to eat. why apparently he is now blaming why apparently he is now blaming all of t can i help you? hey, is it true we can get four lines, unlimited talk and text and 10 gigs of data to share for 160 a month? yep. at&t's new family pricing. that's 100 bucks cheaper than us. i know. are you guys with verizon? what makes you think that? oh. just her nametag. and i see you guys at the food court every day. can we go back now? yeah.

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s . o.j. simpson making news from behind bars tonight. turns out he is not a fan of prison and is now reportedly trying to end his life with a hunger strike.

trace gallagher on our west coast room. >> reporter: and so far, no other outlets have been able to match the report. as you know, o.j. simpson lost his bid for a few trial and he is not eligible for parole until 2017. the inquirer quoted o.j. simpson saying i'm not going to eat or let the doctors revive me, i used to live my way and now i'm going to die my way. he went on to say that o.j. simpson wants his kids to get the millions of dollars locked up in his nfl pension, we talked to one of his kids. he says he doesn't buy the hunger strike story but says that certain parts of it are true. >> he is eating less than he was probably, doing a lot of things less than he was. he pulled himself away from the world. he is depressed. and there is nothing that nobody can do to give him a fair trial to stop it. >> the friend then told us the

only reason o.j. simpson got convicted in the first place is because of president obama. back in 2008 during o.j. simpson's trial he got an all-white jury and apparently didn't protest because he didn't want to hurt obama's chances of being elected. listen again. >> he told me on the phone this is not the time to have racial unrest in america, obama is running for office. so he sacrificed himself for obama. and now, he is sitting in a situation depressed. >> o.j. simpson was an obama fan, unclear if he was today. he was sentenced to more than 30 years in prison. megyn. >> i don't even know what to say. so glad that o.j. simpson has become so sensitive to the needs of the country. trace, thank you. we'll be right back. >> sure. [ laughter ]

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mitt romney said that obamacare is an unmitigated disaster and called president putin a thug. if you want to see it, we posted website, thank you for joining us, i'm megyn kelly. surprise up next. see you. hannity is off tonight, i'm shepard smith with news of more snow hitting the east coast. and the news from this snow, blaming it for the death of more than one person. plus, word of thunder snow hitting the area now. and "the today show" weather man, al roker is blasting the new york city mayor in a public fight on twitter. and there is other news, a courtroom cliffhanger. the man who shot and killed a florida teen after an argument over loud music. the jury is out, see the dramatic surveillance video and hear the gunshots, so let's get to it. >> now, shepard