briefing at the state department now hope to go learn more about the fate of three americans held hostage in iran for eight months now. locked in solitary confinement, with no outside contact, no lawyer, and now, maybe, no hope of release. and in 20 minutes, the president comments on the future of the united states supreme court. big changes coming as justice john paul stevens announces his retirement, and that is the story with which we begin and james rosen is on it live for us from washington. james, justice steve sense leaving, who might be arriving? >> reporter: we don't expect the president to tell thaws today, he'll just make remarks on what john paul stevens has meant to the nation's highest court, however, aides have made clear in recent days as the prospect of a stevens retirement has been in the air that we can expect to see on the president's short list essentially the same names and face as appeared the last time around, with the departure of justice stevens, we are losing a

somewhat annon lous figure on the nation's high court, a jurist nominated by a republican who continued always to think of himself as a instruction construction -- strict constructionist but who found himself increasingly aligned in cases and rulings with the court's liberal block. asked about this stevens said i didn't move, the court moved around me. to succeed, they will likely give consideration to a number of individuals. let's look at four of them, elena kagan, dean of harvard law school, the group americans united for life says general kagan had criticized a ruling that restricted federal funds for family planning initiatives. diane wood presently sits on the seventh circuit of appeals, former clerk for harry blackman, the author of the majority opinion in roe v. wade. judge merrick garland who sits on the court court of appes for the district of columbia, a court that's seen alumni ascend to the

nation's high court, he is set to be more controversial but has done work for dukakis and bill clinton. then there's janet napal tono, her performance homeland security secretary dug the aftermath of the christmas bombing plot could conceivably impact on whether she's selected this time around. there are others but of necessity, for the pups of live television, our short list is a little shorter than the president's. megyn: james, the ones you ticked off are generally not considered to be far left when it comes to their judicial philosophy or idealog, however, there's a possibility that president obama could nonetheless pick somebody who is far left. how much of a political battle can we expect now in the u.s. senate? >> reporter: it is well to bear in mind, megyn, the president is going to be looking to accomplish a number of other things in the senate this summer and this fall, not leet the

ratification of the nuclear treaty he signed in prague just yesterday, but the lawmakers have limited cap -- capitolta to -- capital to spend. in the case of justice sonya sotomayor, nominated last may, senate republicans put up largely symbolic resistance, knowing from the outside as analysts believe that then-judge soto maiior possessed a solid record, and she would likely be confirmed so she was. it comes down to the nature of the nominee whose name we don't know yet and also the political capital in both the president and the members of the senate wish to expend on this. megyn: interesting, what a day in washington. justice john paul stevens announcing his retirement after nearly 40 years in the nation's high court. james rosen, thank you. air force one just returned to washington moments ago as the president comes home with a new treaty and a new policy for using nuclear weapons. a policy that restricts just when and where a nuclear response might be ordered.

new polls just out from scott rasmussen showing 55 percent of americans disagree with the new policy, meaning the idea of limiting america's use of nuclear weapons, 25 percent say they support the policy, 20 percent, undecided. you can count former vice presidential candidate sarah palin along with those who do not like the plan for nukes, here's what she had to say about it on hannity the other night. >> unbelievable, unbelievable, no administration in america's history would i think have ever considered such a step that we just found out that president obama is supporting today. that's kind of like getting out there on the playground, a bunch of kids, ready to fight, and one of the kids saying go ahead, punch me in the face and i'm not going to retaliate. megyn: the president, firing back, when abc news asked him about palin's warning -- remarks, mr. obama taking a bit of a shot at the former alaska governor. take a listen. >> i really have no response to that. last i checked, sarah palin is not much of an expert on nuclear issues. if the secretary of defense

and the chairman of the joint chiefs of staff are comfortable with it, i'm probably going to take my advice from them, not from sarah palin. megyn: ow! coming up our political panel will debate that smang and the policy that ignited it. meantime we are awaiting a key briefing at the state department, live look right there, in washington, nothing happening yet but it will be. we are awaiting for reaction on a very serious case after iran's dubious declaration on three americans that are being held in iran right now. tehran saying these three american hikers are spies for u.s. intel. they have been behind bars in solitary confinement since july, isolated from the outside world, not even granted access to an attorney. picture it, there was another prisoner from the same prison who said they are in a room, each separated, right, solitary, each one, in which they keep the light on, 24/7, they get to speak to no one, and it's

been going on for eight month, all because they allegedly crossed over the border or did cross over the border from iraq to iran when they were hiking. now iran saying that they're spies for the u.s. government. the latest statement, of course, not good news for their families. we will speak with one of these men's family member just ahead here on "america live", less than ten minutes away. new details coming in right now on the alleged bullying of a 15-year-old massachusetts girl. you've heard about this case by now, phoebie prince, her harassment, that reportedly led her to actually commit suicide. court documents just released say that phoebie spoke to a school administrator about threats of physical violence just one week before her death. the documents also show that phoebie was even afraid to go to the bathroom at her south hadley high school, lest she be harassed or hurt, and that she would ask her friends to form a circle around in the halls just to provide a human shield against the harassment. six of phoebie's classmates are now facing a number of

criminal charges in connection with her death, three more could also be charged, and some of these teens could face charges as adults. well, a 16-year-old boy is taking his mother to criminal court because she hacked into his facebook page. well, she says she didn't hack into it, he left it open on the computer and she looked at it, and then posted some comments, allegedly. well, he responded by filing a criminal complaint! and then the prosecutor agreed to file charges against the mom. saying she broke arkansas' harassment laws. the mom says she was just trying to stop her son's dangerous behavior. trace gallagher in the newsroom with more on this. this is the one that's caught the attention of many parents. >> reporter: she says she wasn't hacking, she was peaking but now we're getting brand new information about what exactly was posted and a source close to this case telling fox news the 16-year-old boy in question, he was posting derogatory and abusive things about his mom and in return, his mother, 42-year-old denise

nu, was actually posting his bad behavior online, apparently that's what she got in trouble with police about. i want to point this out to you, put this up on the screen if i k. this is the complaint which by the way was handwritten by the 16-year-old boy, he says, i'm quoting, denise, his mom, first hacked my facebook and changed my password, she also changed the password to my e-mail so i could not change it, she posted things that involve slander and personal facts about my life. the mom comes back and says i was just being a parent, doing what's right for my son. listen to her. >> i was just trying to make him see the error of his way s, and you know, let him know that things that he posts on there have dire consequences, could, you know, affect his future. >> reporter: things that he pos have dire consequences that could affect his future, for instance, her son once posted that he drove

95 miles per hour once after an argument with his girlfriend. now, the mother, again, says she's exerting her par believe rights but the question here is does she have those rights because she doesn't have custody of the boy. she gave that custody up after a messy divorce and mental health problems. the boy now lives with his grandmother and you said at the top a lot of people are watching this to see how existing law will apply in this case, social networking sites, to see how it all is going to work out. it's very, very interesting, fascinating, the back and forth. she says, by the way, she hopes that they can one day resume a normal relationship. megyn: it could have much bigger imply indications -- implications because if a law comes out that a parent cannot go on to his or her child's facebook page that could have a major implication. she allegedly did more than that, she allegedly posted things, but even that, does that justify criminal charges? it could be a slippery slope. we'll have more on that in

about one hour. we could see new developments in the faceoff between the president and sarah palin. and by if you clear, they are fighting over the new nuclear policy. sarah palin gives a key political speech in about 20 minutes, we'll bring you her remarks as the news happens and you will see it right here, so stay tuned for that. plus, do these guys look like spies to you? do they? these three? the islamic republic of iran says they are. and that they have been basically working with u.s. intel. they've been kept in solitary confinement since july in tehran. no attorney, no outside contact. we will be joined by the brother of one of these guys, moments from now.

megyn: well, we are awaiting a speech now by sarah palin, former governor of alaska, set to appear at the southern republican leadership conference,

delivering the keynote address at what is considered a conservative cattle call for the party's presidential nomination. we will bring you live to new orleans as soon as sarah palin takes to the mic. well, three american citizens, right now, are sitting in solitary confinement in an iranian prison. they had been there since july. and iran is now suggesting that they won't be getting out any time soon. accusing these three of spying for the u.s. government. a man who says he saw the american hikers in the jail last winter said he was deeply concerned about their mental well being. shane, sarah and josh have been isolated from the rest of the world for eight months now. they are not allowed to talk to their attorneys, they have not been allowed to have much contact with their families, they say they were just hiking in northern iraq when they accidently strayed across the border into iran. tehran claims they were working for u.s. intel.

what do the family members say? alex fattal is josh's brother and joins me now. alex, thank you very much for being back here on "america live". >> thank you. megyn: all right, so now we have the iranian bottom's claim that your brother and his two friends were spies for the u.s. government, suggesting they're not getting out of prison any time soon. your reaction. >> well, it's absolutely ridiculous. those claims are absolutely false, and we've said so, we've said so repeatedly, and i think we're on day 252 and over the past 252 days, there's only been one good day, and that day was on march 9th, when we received a phone call, we heard their voices. that was this brief taste of what it might feel like to be able to embrace them again, and that's what we're really longing for. this whole thing has been a terrible roller coaster, up and down, we feel like iran is playing with our emotions. it's extremely, stroomly difficult. but shane, josh and sarah did mention that shane and

josh are together, they're actually not in solitary at this moment, which is a tremendous relief. we know they spent long stretches in solitary confinement and we do continue to be very worried about their emotional state, their psych logical well being, the fact they have not seen their lawyer. sarah still has a single, so to speak, she's still by herself, fortunately but she is permitted to see the boys on a daily basis. megyn: and that is good news, as far as this story goes. it's all relative, but, you know, the iranians have now come out, this is from the intelligence minister, saying there is evidence that they have links to intelligence agencies in the u.s., saying the evidence of that will soon be made public, that they have been in contact, your brother and his two friends, with intelligence service and that he has compelling evidence that they are essentially spies. i mean, tell us about your brother. >> i meerntion that's totally untrue. i'm thinking about has my brother ever worked for the u.s. government in any capacity? only when he was the garbage

man after high school, he went to work for municipal waste services, collecting the trash from our home town. he wanted to see where all the plastics and garbage that comes out of our town, where it goes, his concern for the environment, he's always had this very genuine concern for the environment, wanting to ensure that we live a more sustainable lifestyle. so no, he's had absolutely no contact with the u.s. intelligence services oring in like that. that's preposterous. megyn: how concerned are you now that he's been held for eight months, and it's good news he is share ago cell with his friend, that perhaps he's made -- they've bullied him into a confession like we've seen before? >> we're urging shane, josh and sarah to see their lawyer, mr. shafe, he's been denied access to his clients. he's been working hard for us going to the prosecutor's office, trying to get

information, but we've seen statements of all sorts over the course of the last 252 days, we've had 125eu89s -- statements from president ahmadinejad that he would ask the judiciary to treat the case with speed. we have had statements that they are concluding the investigation, thief heard -- we've heard a trial is eminent, we've heard all sorts of things, at this point, we want to see movement, we want to see their case progress, and we want them ultimately released as soon as possible. megyn: but do you -- what are the odds of that, because when i read the articles about this case, the experts on iran and on our international diplomacy say that they're probably being used as political pawns and that the timing of this announcement, you know, accusing them of being spies is probably no codins, iran is probably ticked off because president obama in connection with announcing

hur new nuclear policy specifically said iran, essentially, could still be targeted with a nuclear weapon, so they're saying maybe this is ahmadinejad thumbing his nose at the ups saying really? i'm going to keep these hikers as spies in prison, forever. >> well, we stay out of the politics of this. i mean, our case is a case of three individuals and i think in most other circumstances would be treated as a consular case and would be resolved fairly quickly. we have to separate what we are doing as families and the u.s. government. they are totally different things. as families we continue to appeal to the iranian authorities to find it in their hearts to show com pration and to see this case for what it is, and let shane, josh and sarah come home and be hugged by all of us. it's certainly taking a tremendous toll on us and we can only imagine what they are thinking and feeling right now. >> megyn: how old is josh? >> he's 27.

he's my younger brother. megyn: wow. i just can't imagine. imagine, folks, somebody you know at that age, sitting in an iranian prison for eight months, wondering what's going to happen to them. i just want to end with this, alex. when you came on before, skied -- i asked you, because we always get e-mails saying what the heck are they doing hiking there, it's said to be a beautiful area, that's what they say they were doing. i want to clear that up before i let you go. >> right, and if people want to lend our support, go to free the hikers.org. megyn: thank you very much, all the best. >> thank you. megyn: what do you think, folks? let me know. kelly, foxnews.com, check out that website as well. meantime, here is a facebook first, a teen, suing his own more. -- his own mother. he filed a criminal complaint begins his own mother for harassment because of what he says she did on his facebook account.

sounds silly but some parent groups are warning this is no laughing matter and may have serious implications for every parent in america. plus the president and pale ip, heated words over the nuclear policy. she gives a key political speech in about ten minutes. you'll see part of that live. we'll see if she is going to respond. >> i really have no response to that. last i checked, sarah palin is not much of an expert on nuclear issues. if the secretary of defense and the chairman of the joint chiefs of staff are comfortable with it, i'm probably going to take my advice from them and not from sarah palin.

mig welcome back, folks. the president is about to make remarks on the announcement this morning that supreme court justice john paul stevens will be

retiring this summer. the president set to speak at the rose garden, in the rose garden on the future of the u.s. supreme court. what exactly will he say? will he even touch on the subject of stevens' replacement? you'll see it here live, moments away. well, new developments today in the case of the hollywood heavy weight facing questions now in the murder of his wife. police down in mexico, releasing bruce beresford-redman but they say he remains under yes for his wife's death. his wife horizon monica went missing while the two were vacationing in cancun, her body was found in a sewer yesterday near this resort. trace gallagher is following this from the newsroom. this guy, survivor producer, pimp my ride, a big show on mtv, among others and now mexican authorities to him in connection with the wife's murder. >> reporter: we should

point out the last year he produced survivor was 2004. we should point out he's been released but he took the passport away. he can't go back to the united states. the here's the thing, the timeline no longer fits. there are reports out of mexico that police had told correspondents down there that this man, bruce beresford-redman actually went home to california on monday, brought his two sons home, then came back to cancun and filed that missing person was report. so here's how it went down. this is the reports out of mexico now. that he went home to l.a. and they're checking these out, he dropped the two sons off and came back to mexico and reported his 42-year-old wife missing. remember, he says he last saw her when she went shopping on mon. he reported her missing sometime on tuesday. her body was found on thursday, in that sewer near the hotel. she had scratches on her neck, and the police believe that she was strangled, but

they haven't had the autopsy yet, which is why they're not holding him. i don't understand the mexican law as much as anybody else, but apparently once they arrest him they have just like in this country, 72 hours to charge him, they are not ready to do that, but he can't go back to los angeles, but now they're checking out this weird report that he went back to l.a., flew back to cancun and reported his wife missing. megyn: that's bizarre. you mentioned scratches on her, there were reportedly scratches on him, this is one of the reasons their looking at him. >> reporter: scratches on him and the waiter at the hotel saw them arguing and saw him try to strike her, though he missed. we went to the room and argued further and that's the last anybody heard. her body was found on thursday, her 42nd birthday yesterday, megyn. megyn: this case gets more and more disturbing. polls are suggesting a majority of americans do not like the idea of limiting our options when it comes to defending america. so will the senate now approve the president's new

treaty on nuclear weapons? answers on that in three minutes. sarah palin, about to take the stage in new orleans. a key political speech. and we will bring you the news as it happens, here. will she strike back at president obama after took a -- after he took a shot at her? stay tuned.

megyn: quick look at the stories we're watching for you, preem court justice john paul stevens calling it quits, the oldest member of the high court and leader of the liberal block of justices this, is the second court vacancy that president obama has had to fill. just moments ago, michigan congressman bart stupak formally announcing he will not seek reelection. the prolife democrat came under fire for his vote to pass the health care reform bill. and the latest in the friction between the u.s. and israel. prime minister netanyahu saying he will not attend an upcoming nuclear security summit in washington.

republican leaders and rising stars all converging right now on new orleans. here's a live look inside of the southern republican leadership conference. there's tony birkens of the family research council, the big headliner set to take the stage today are former alaska governor sarah palin, she's slated to begin speaking any moment, she's two minutes late so we expect her exactly momentarily. and we will bring you some of her remarks shortly. also bobby jindal will speaking and texas governor rick perry, all of them set to make their case for the southern conservatives, and we're watching it for you. we've been telling you about the new u.s. nuclear policy that is causing some controversy and a presidential comeback of sorts, meaning verbal comeback. the policy essentially says that the u.s. will not use a nuclear weapon against a nonnuclear state, even if that state first attacks the united states with chemical or biological weapons.

well, many are criticizing that policy shift, including former vice presidential candidate sarah palin and it was palin's remarks that prompted a retort from president obama. take a listen. >> no administration in america's history would i think ever have considered such a step that we just found out that president obama is supporting today. you know, that's kind of like getting out there on the playground, a bunch of kids, ready to fight, and one of the kids saying go ahead, punch me in the face and i'm not going to row -- retaliate. >> i have no response to that. last i checked sarah palin is not much of an expert on nuclear issues. >> tucker karlson, editor of the daily caller and dan gersteven, gotham ghost writers and forbes columnist. tucker, what did you make of the president actually commenting on palin's remarks and doing it in the way he did? >> raar! , right? it's so beneath a president. any president. and by the way, it'sle cheap and stupid. i mean, rather than confront

her criticism head on, which is being made not simply by sarah palin, by the way, but by a lot of people who are nuclear experts and attack her personally is low and, again, dumb, if you want to get right down to it, i don't think sarah palin is a world renowned expert on nuclear, neither is president obama. so you know, how about address the argument, directly, rather than just attack the person who makes it? megyn: how about it, dan, did it belittle president obama or the presidency for him to comment on sailin that way? >> -- palin that way? >> it might, but this is a converted strategy by the white house to elevate sarah palin and other polarizing figures ruch as limbaugh and glenn beck, the more they make sail -- painl the face of the republican party the better off the president looks. the public has spoken on this, she lost a lot of votes for john mccain and whatever her attraction to the republican base is, she

turns off the middle, and the more the white house can position her as the foil on a series issue like this, it discredits the criticisms. megyn: interesting. so you think dan this was intentional, that in his mind, when he was asked that question, he thought to himself, do i ignore this sarah palin part and just comment on the policy, oh wait, it is an opportunity to go after palin. >> 100 percent purposeful and it's consistent, it's part of a pattern the white house has been using, very smartly. megyn: do you think that's effective, tucker? >> it's interesting. i mean, it's a smart observation, let me just say that. i hope that's not true because that's repulsive. i mean, this is a significant, perhaps dire, issue that is worth having a debate about in in country, and to reduce it to -- i'm not saying dan is doing this but if in fact this is part of a concerted evident on that the part of the white house to turn the attention from this policy question to sarah palin to score political points, that's pretty low. >> i would say -- >> it'sun jbl believe --

unbelievable they would be doing that. >> it's a 2-prong strategy. the politicalistrategy is to elevate sarah palin and make her the foil but they are engaged on the debate. i wish the wivetives who have been attacking this president and call him knee eve would follow the advice tucker has, let's debate the issues. they're cheap anything the debate, not adegreing the issues and attacking the president and saying he's naive. >> sarah palin said that in the clip we just saw, she said you don't come out and tell your enemies what you are or are not going to do because it makes you less threatening to them, your deterrent evapates. -- evaporate the. he responded by saying she's stupid, ignore. >> he didn't say she's stupid. >> of course he did. he said she's no expert on nuclear matters. spare me. >> the larger point is they are engaging on the merits, but again, if you have that opportunity in politics to, you know, hoist someone up as your opponent who doesn't

have mucid credibility with the american people, of course you're going to -- >> you no what -- >> megyn: tucker, he also said this trying to underscore maybe not a nuclear expert but he's got those around him who are. listen to this. >> if the secretary of defense and the chairman of the joint chiefs of staff are comfortable with it, i'm probably going to take my advice from them and not from sarah palin. megyn: huh, tucker, fair point? >> i covered this guy as a candidate, i watched him night after night getting up and saying i'm bringing this country together, i'm sick of the divisions and it seemed like he meant it, it seems look he wants to bring this country together. i was completely wrong. he's a year in doing garbage like this? i think it's contemptible. megyn: how about that, dan, he was supposed to bring us together, he was going to be everybody's president and going to bridge those divides, and even though sarah palin may not be liked by a lot in the middle, as you point out, she is very

much bee loved by many on the right and does this really do him any good in taking a shot at her in that way? >> well, yes. i agree with tucker that the president drawing battle lines and he is not necessarily embracing the republicans, but nor are the republicans embracing him. the key point we got to go back to, dick cheney set a tone in this administration by constantly attacking them on not scawrt -- national security and policy and the president's approval on national security run 15, 20 points ahead of the oiling economy. >> they don't like his nuclear position. >> they are going to have a challenge there but part of it gets made easier when people like sarah palin are making simplistic and arguments that don't get at heart of this debate. megyn: i'll give you the last word. do they not get at the heart of it. >> i think it gets to the hear of t whether you agree

or not, it's not a crack pot point, it's a commonplace point that a lot of people are making, but to compare the president's behavior that to that -- to that of dick cheney or sarah palin is apples and oranges, they're private citizens. he's the president of the united states. >> tucker, i'm not -- all i'm saying is dick cheney set a tone and most republicans have followed it by relentlessly attacking the president. bipartisanship requires both sides reaching out hands and in the middle. >> he didn't touch the policy point. he took it immediately to the personal, she doesn't know what she's talking about. next? that's arrogant and -- arrogant and dumb. >> he's going to continue to engage on the policy merits but from a political staint -- megyn: it's interesting you point out you think it was -- it was a conscious decision, because president obama, he knows how to dodge if he doesn't want to specifically respond to hey peara pale -- sarah palin said x, how do you respond, they know how to handle that. very good debate, gentlemen, dan, tucker, all the best.

we've been talking about this criminal case where a teenage con is -- son is accusing his mother of harassment because she got into his facebook page. we've got brand new information about what the son was supposedly doing on facebook that got his mother so upset in the first place, and about what the mother wrote that got the police so upset in the second place. the bigger story, however, is the huge implication this could have for parents watching kids' online activities everywhere. ben stein is here to talk about an economy that is in crisis. polls suggest washington may not be so popular when it comes to what's really happening on main street. >> mueller. mueller?

megyn: fox news alert and sarah palin has taken her position at the republican leadership conference. >> -- working here, serving guests today with public safety and with the wait starvetion making us feel so at home, we thank you, new orleans. thank you. [applause]

>> good patriotic people, too. i know i shouldn't say you betcha after that, i don't think it would have gone over well, but who disdat! >> good patriotic people here. i know this crowd, too, patriotic people and do you love your freedom! [applause] >> you love your freedom, then he think of that. and we're going to do that right now. we know there are folks who have served in the past, may be serving today in uniform. raise your hand, we want to thank you from the bottom of our hearts. we thank you, sir, we salute you. god bless you. good. [applause] >> thank you for your service. yep, last time i was here, oil and gas conference, and now we are here as april 9th, on american tax-freedom day. happy tax-freedom today. jonah goldberg wrote a good piece about this earlier this week, explain thank american citizens now spend

about 100 days of the year working for their government, before they start earning our own money that we get to spend and that just doesn't sound right to me, that sounds like we're working for government, instead of government working for us. it's time that we reverse that. but happy american tax-freedom day here on april #th. -- ninth. folks, it seems like we are learning what the president meant with his slogan, yes, we can. when you turn that sound bite into a sentence, you get yes, we can spread the wealth around. yes, we can spend money that we do not have on programs that we don't need and we're going to stick the next generation with the bill. to a lot of us, that's stealing. and yes, we can put our country back on a track that's not a good track, because this track is going to quadruple our national devment and yes we can let the government take over 1/6 of the private sector economy with the mother of all unfunded mandates,

obamacare. these are just a few of the domestic policy accomplishments and in foreign policy, well now we've got the makings of the obama doctrine. the obama doctrine. which is cod ling enemies and alienating allies. the administration eased sanctions on cuba and sided with chavez against honduran democrat very -- democracy, they won't bring up human rights with china, because, quote, they already know what they're going to say, they offer tepid conditions and sanctions on north korea and gold stars and cookies to the sudanese presidents. they send letters to iranian mullahs but can barely muster a word of support for the green movement, those in iran seeking freedom, seeking women's rights, barely uttering a word of support for that. now, the president, with all of the vast nucleolar experience that he acquired

as a community organizer -- >> [laughter] >> applause] >> and as a part-time senator, and as full-time candidate, all that experience, still no accomplishment to date with north korea, and iran. meanwhile, this administration alienates our friends. they treated the afghan president, karzai, poorly, then they feign surprise when he reacted in kind. they escalated a minor zoning decision into a major breach with israel, our friend, our closest ally in the middle east. let's remind our president jerusalem is not a settlement, and israel is our friend! [applause] >> and the critical nucleolar concerns of our time would be north korea because they have nukes, and

iran, because they want nukes. so yes we can kowtow to enemies, criticize allies, vacillate, bow, dither, yes we can, but somebody needs to tell the president that just because we can does not mean that we should. [applause] >> so now they're resizing that 2008 slogan for 2010 and having just rammed through a more than $2 trillion health care takeover, flying around the country now on this taxpayer-funded victory lap, proclaiming proudly yes, we did, well, you know, i wouldn't be so quick to slap that one on a butcher sticker, not just yet, because i think a lot of common sense conservatives can relay some slogans that the majority of americans like a lot better than that, like repeal and replace. and -- >> [applause] >> the bumper sticker, how

that hope an change thing working for you now? or my favorite, don't retreat, reload, and that is not a call for violence. [applause] >> that, of course, meaning take an opportunity to engage in debate and to vote, it's not a call for violence. no one is calling for such a thing, and the media is to disparate to discredit the peoples' movement and the tea party movement that they'll make that up, but nobody is calling for violence. now, whether we're talking about foreign or domestic poll gentlemen, the obama, pelosi, reid agenda defies logic and common sense and

will leave us less secure and more in debt and more beholden to gorn countries and more under the thumb of big government. it is out of touch, it's daughter of date -- it's out of date, and they're running out of time. [applause] >> because americans across this great country, they are standing up, and they're speaking out for common sense conservative solutions, and they're telling washington just back off. some of us, part of the tea party movement, some of us registered republicans, some of us are what we used to call reagan democrats and some are just like my friends and family, including my own husband, most just independents, just lovers of this great country, so proud every day to be american but also very, very concerned about the path that we are now on. all of them deeply concerned about our country. and frankly, some of them are a little bit skeptical, concerned about our party, about our own gop. for years, the federal

government grew and individual freedom shrunk for americans who believed in american conservative principles this was concerning and disheartening to watch some republicans stop putting those principles first. i kind of lived through that, as governor of alaska, having vetoed obama's stimulus funds that had fat strings attached and violated the tenth amendment to our constitution, my veto of those funds was overridden by a republican-led legislature because too many people just want to believe this is all free money, somehow this is going to magically work out in the words of bill clinton. remember he paraphrased it well when he said if this ain't the biggest fairy tale i've ever seen. and that was before obama was elected so we don't know in what context -- well, i'll take it in the context i want in! but -- >> [laughter] >> today, though, the grand old party has its eyes wide

open. do we not have our eyes wide open? and we're realists, we now know, we know. we know. [applause] >> we're getting back to our grand old roots. and when the other party is wrong, we're stiffening our spines and we're saying so, because there is no shame in being the party of no. if they're proposing, the other side proposing an idea that violates our values, violates our conscience, violates our constitution, what's wrong with being the party of no? we will oppose it. [applause] >> or better said by the good governor of this state, the party of no? we're the party of hell no! [applause] >> now, going forward, we have to keep supporting those republicans in congress who are leading the loyal opposition. let's help them starve the beast. they are putting the liberal elites on notice. government overreach did not

begin with the obama administration, but it will end with the obama administration. because, friends, truly, the party of lincoln, the party of reagan, is back, and we have our eyes wide open, going into these mid-term elections. we're not just the party of no. we're the party of ideas. and with articulate alternatives, we will prove a better way for america. and in that spirit, let me hit on something that's been making headlines lately, and i know it well, it's very, very important to all of us, and it's energy policy. energy is not just about heating our homes and fueling our rigs and keeping the lights on, it's an issue that really touches every challenge that we face from the value of our paychecks to our interests abroad. there is an inherent leak between energy -- link between energy and security and energy and prosperity and energy and freedom. [applause] >> we need affordable,

domestic, reliable, environmentally sound energy. and there's just such a big difference, though, between how the republicans and the democrats want to accomplish that goal. the left has waged a multi front war on conventional resources, and this administration proposed billions, tens of billions of dollars, in new fees on domestic production, because they evidently think that we are overproducing oil and gas. and liberals in congress want to stop things like hydraulic fracturing to produce clean burning natural gas. the administration is locking up even more federal lands that are filled with god-given, huge reserves of gas, uranium, and even if a producer is lucky enough to finally be permitted to drill and to mine, good luck transporting that resource to where it can do the most good. you want to build a pipeline? it can take years to get a federal permit, and transmission line could take you decades. when it comes to consumption, the left's plan

is very devastating, but it's pretty simple and at least they're honest about this one, they do want you to pay more so you'll consume less. and they call it, this new scheme coming down the pike, cap and trade. i call it cap and tax. and whatever you call this scheme, it's going to kill jobs. it's going to kill production and productivity, and a work ethic in this industrious america that we have grown to love. it will pass an even greater burden on to the next generation, on to our small businesses, on to our working families today, and if that sounds like a bad idea, in a bad economy, well, yeah, the left thought that you would think it's a bad idea, so what they want to do now is just skip the legislative process and go right to the regulatory agency. let the epa, which some are calling the economic punishment agency, let the epa do the dirty work, then. like so much of the left's agenda, they decided what is

best for us, and even if we don't like it and can't afford it and it makes no sense, they're going to do it u. anyway, because, yes, they can. now, if you watched some of the news or are maybe on the white house's e-mail list, it might all come as a big surprise, all this energy stuff, the smoke and mirrors going on, but we know it's because the president is give some pretty nice speeches, and these speeches, they found like he's finally getting it, and he's going to enact energy policies that, of course, the overwhelming majority of americans can overwhelmingly support. but when you really tune in, and when the applause dies down, he stands by while the administration and the democrats in congress block those things, one by one. it is a lot of smoke andors. take nucleolar power, he talks a good game about supporting it but where was he when his interior secretary withdrew 1 million acres from uranium

production in arizona? and we all know that harry reid opposes safe storage of spent fuel at yucca mountain, but we didn't expect the administration to back him up on that for purely political reasons. not safety, not environmental, or geological reasons, but political reasons. they can't have it both ways. you can't claim it's important development of nucleolar energy and gut the options at both ends of the fuel cycle. [applause] >> and the left side, for renewable resources, wind, solar, that's great but god forbid you try to put a wind panel in nantucket sound or the mojave, somebody may see it or a geko may bump into one. oh my! now, last week -- so recently we saw this bait

and switch and it had to do with offshore drilling. the president gave a big speech at andrews air force base, with all the fanfare that you would come to expect at this point with his speeches. the only thing missing from that ceremony was the sound track that "ton gun" and -- top gun" and joe biden in a flight suit. that's the only thing. that's next! sainsd then, though, the spinners have been spinning that one as a huge victory for energy security, but -- and anything sounds good when you say it in front after fighter jet, but stop and think about what really happened that day and then the next day, when we cut through the hype. let's talk about what really happened. after inheriting a gop plan that opened up both coasts for drilling the obama administration halted development and then last week they opened virginia's coastal areas for off shore drilling that mostly is

delayed until 2012. you know the environmentalists who had more time to switch, they are so concerned about the world's vierntment they would rather see other countries develop more resources than develop their regulations. they would rather see the other countries develop. this gives them more time to sue. meanwhile the northeast atlantic coast is closed, alaska's oversees, the next priewdo bay is canceled, drilling along the pacific coast with 10 million barrels of oil >> now we are going to study -- more study of the south atlantic and parts of the gulf of mexico, areas that have been studied to death. apparent lit interior department reviewed 50 studies and decided the government needs more studies to collect dust on the shelf. as a governor and oil and gas

commissioner and care of the nation's interstate compact commission, i have seen so many studies. let's send the white house this message. we can save taxpayer time, save money and announce there is oil and gas down there and we can produce it safely. we don't need more studies, we need more action. [applause] >> energy produced in america is security for america, and it's jobs for american workers. jobs that can't be outsourced. let's drill, baby drill, not stall, baby stall. [applause]

>> i had to remind myself that when i had to throw that one in there. poor man's teleprompter. [applause] >> also, folks, do you think about what the administration did. they banned more offshore drilling than they aloud and the epa has d and they allowed, and the eps as put us on a path for a policy to destroy jobs and impose a national tax on energy on all of us.

that doesn't sounds like good energy policy. it sounds like the president is trying to play both sides against the middle. he's trying to generate support in congress for his cap and tax scheme coming up. up hope the that tells him you can drill all you want off the shores of virginia, but you won't find bipartisanship there. megyn: as sarah palin speaks in new orleans, you see the president coming to the podium to comment we believe on justice stevens. >> i want to say a few words about the tragedy that took place in west virginia. but first i would like to comment on the news that justice john paul stevens will retire from the supreme court at the end of his current term. when president ford was faced with a supreme court vacancy

after the watergate scandal he wanted a nominee that's brilliant, pragmatic and committed to justice, integrity and the rule of law. he found that nominee in john paul stevens. justice steve temperatures has courageously served his country from the day he enlisted the date before pearl harbor and through this long tenure on the supreme court. he has stood as an impartial guardian of the law. he has worn the robe with honor and humility. he has applied the laws of the land with fidelity and restraint. he will soon turn 90 this month but he leaves his position at top of his game. his leadership will be sorely missed. i spoke with him and told him on behalf of a grateful nation i

thanked him for his service. justice stevens ex-pretiond in a letter to me that it's the best interest of the supreme court to have a successor appointed and confirmed before the next term begins. so i'll move quickly to name a nominee as i did with justice sotomayor. while we cannot replace justice stevens' experience or wisdom, i'll seek someone in the coming weeks with an independent minds, a record of excellence and integrity, a fierce dedication to the rule of law and a keen understanding of how the law affects the daily lives of the american people. it will be someone who like justice stevens nose in a democracy, powerful interests must not be allowed to drown out the voices of american citizens.

i hope the that will debate and confirm my nominee so the new justice is seated for the fall term. now let me say a few words about what has happened in west virginia. this has been an unimaginably difficult week. 31 workers were inside the upper big branch mine when the explosion ripped through. two were saved. 25 were lost. and for the four who remain missing we are praying for a miracle. i want to offer my deepest condolences to the friends and the families and the fathers and the husbands and brothers, nephews and sons killed in this accident. i'm also in awe of the courage and selflessness shown by the rescue teams that risk their lives over and over and over this week for the chance to save another. they worked around the clock

with little sleep the past few days and this nation owes them a debt of gratitude. mining has a long and proud history in west virginia. for many families and communities it's not just a way to make a living, it's a way of life. the jobs they do in these mines help bring heat and electricity to millions of americans. it's a profession that's not without risks and danger. and the workers and their families know that. but their government and their employers know that they owe it to these families to do everything possible to insure their safety when they go to work each day. when i was in the senate i supported the efforts of senator byrd and rockefeller to try to improve mine safety, but it's clear more needs to be done. that's why i asked my secretary of labor and the head of mine safety and health administration to give me a preliminary report next week on what went wrong and

why it went wrong so badly so we can take the stems to prevent such accidents in the future. because mining is a tradition often passed down through generations. it's not uncommon for an entire family to choose this time of work and it's not uncommon to lose almost an entire family all at once. by spoke to some surviving members of one such family wednesday. ken davis and two of his nephews, josh age 25 and cory age 20 were killed in the explosion. rescuers reported that tim and his two nephews were all found together. two other members of their families that worked in the mine were able to escape unharmed. before he left for the mine monday josh wrote a letter for his girlfriend and young daughter and in it he said if anything happens to me i'll be

look down from heaven at you all. i love you, take care of my baby, tell her daddy loves her, she is beautiful, she is funny, just take care of my baby girl. reflecting on that letter and the loss she endured in just one week, josh's mother pam simply said, it is just west virginia. when something bad happens we come together. when something had happens, we come together. it's a tragedy and heartache and that's the spirit that sustained this community and this country for over 200 years. as we pray for the souls of those we have lot of -- we have lost and the safe return of those who are missing. "you o lord keep my lamp burning.

my god turns my darkness into light." thank you very much. megyn: there we have it. sarah palin addressing the southern republican leadership conference with harsh words for the president. and moments later president obama coming out in the rose garden make comments not on on the justice of justice john paul stevens but on the west virginia mining tragedy. the headline out of his comments about justice stevens saying he had spoke within the retiring justice saying that he thanked him for his service and called him an impartial guardian of the law saying his replacement -- that the president will move quickly to select a nominee that he will move quickly to select a nominee and he will in that nominee try to find someone with quote similar qualities to justice john paul stevens. of course, recognized as one of the most liberal members of the current justices.

he says he wants someone who has a keen understanding of how the law affects real people. that is generally considered -- he made similar remarks when he was look for sotomayor. that is generally considered a reference to somebody who will have empathy -- that's how the president put it last time around -- and saying he wants to make sure he finds someone who understands that powerful interests must not be allowed to drown out the voices of ordinary citizens. brian wilson is live in washington with more on this. it was interesting to hear the president outline what kind of jurist he's going to be looking for. >> i think you can look for the president to choose someone here who has a good back story. someone who has a compelling personal story. but also someone who is accomplished but not too accomplished. that's one of the things you look for. someone who comes across as being very sharp, but doesn't have an extensive written or

spoken record. one of the things you find is the more someone has written, the more they have spoken on controversial issues of the day, the more difficult it is to get them confirmed. so i think that's probably the kind of person that the president will be looking for. and i must say, this battle that is going to come and every one of these becomes a big battle, comes at a time when the atmosphere in washington is already immensely toxic. it's safe to say probably getting a supreme court nominee confirmed is going to be about the on thing that happens the rest of this year. megyn: is it true scott brown that his addition to the senate once again takes on added importance? >> reporter: yes. let me name another person who may become important to this process. that might be the vice president of the united states. he's also the president of the senate. he can preside over that process if he is needed.

the other thing that joe biden brings to the table is the fact that he is the former chairman of the senate judiciary committee. he preside over the battles over robert bourke and clarence towel as. he knows how d clarence thomas. he knows it's bare nudged and brutal. he -- bare knuckled and it can be brutal. megyn: it reminds me of when chief justice is john roberts an was asked by joe biden, i want someone who will be in there protecting the little guy and john roberts said when the little guy deserves protecting he will get it, but he says sometimes the big guy deserves protecting. he says we are like umpires.

megyn: we'll see what the name is going to be. everybody will be watching the white house for that announcement. brian wilson, thank you so much. we are getting new data on the economy and the ballooning deficit. ben stein is with us to talk about whats happening with jobs, federal spending and whether your taxes are about to go up. sarah palin fired up the crowd as you saw moments ago and firing back at president obama. she delivered the keynote address down at this huge event for the republican party. we'll play you more of her much anticipated speech and bring you the democratic response with doug schoen straight ahead.

megyn: brand-new fox polls showing a majority of americans

are not happy with how president obama is handling the economy. take a look. more americans disapprove than approve of the way the president is handling the economy. and job creation as well. most of all they are unhappy with how he is handling the federal deficit. joining us with more is the you aer to of the "the little book of bullet-proof investing." >> it's a way to get rich in the stock market. it's so simple even a caveman can do it. in 10 minutes with your broker you can set up a plan which by the time you are 65, about 40 years from now you will be a well-to-do woman. megyn: i have to wait 40 years. >> i'm sure you are already rich.

that's a joke. megyn: you are an economic guy. you understand the economy. people are unhappy. it's not a huge headline. they are not happy because we have high unemployment, a hi-def sit, the question is d a high deficit. and how much can he do about it? >> he can't do much about it. he put into place a big stimulus program that didn't do much good at all. that's a mark against him. he spent almost a trillion on a stimulus program that produced almost no results. the tarp program did a huge amount of good. i cannot see what stimulus steps he has taken that have done any meaningful good. they have add to the deficit. megyn: they say the stimulus created jobs. >> they created jobs at $1 million per job per year.

i think i could hire any number of unemployed people for $1 million for year. megyn: if president obama said, tell me how i can create jobs. >> i would say get your foot off the oxygen tube. it's a groak my youth. president nixon goes into visit eisenhower. nixon says is there anything i can do to help you. the president says yes, get your foot off my oxygen tube. that's how i feel about obama and the economy. who knows what the new tax rates and environmental regulations are going to be. employers are scared to hire. if he were to say i'm not going to touch any regulations or taxes on employers for the next two years we would see a spurt of hiring right away.

megyn: this week we got an announcement they are going to have a special irs tax squad that's going to go after high earner. >> high earners are no problem. but what i don't want to see is the foot on the oxygen tube of the small and medium size business. that's vital that we let them thrive. there is nothing you can do more important than saying i'm not going to touch small and medium size business. megyn: he does say that. he says he will protect the small business. >> but he doesn't. small business owners will be subject to the carbon tax and cap and trade. he will go after them in a big way. nothing is more important than giving small business room to breathe and giving them room to hire. megyn: when you see the deficit numbers, do you think many are positing we are heeding for a consumption tax that gets add on at every stage of the

manufacturing process. it's not lists like it would be on your restaurant bill. but something that is out there that we are paying that will add an extra 7%, 8% to everything we buy. >> paul volcker said we are adding towards that. and i believe him. they dialed it back. but what are we going to do about the deficit. the republicans started it with the deficits don't matter motto which was nonsense. they started it. obama is adding to it in a breathtaking way. both parties have to stand up to the plate and say we have to tax the rich more, tax the middle class more. we can't leave on you children these crushing deficits. my son is precious to me, i don't want to leave him crushing deficits. if i don't get a new boat this year, that's fine. the book is about buying simple

port foal yoas and being rich when you -- simple portfolios and being rich when you retire. megyn: what is the name again? >> the little book guide to bullet-proof investing. or so simple even a caveman can do it. megyn: thank you very much. if you enjoyed that interview and you want to see it again or if you missed any of it you can head to our web site foxnews.com/america live and catch the whole thing in addition to other things behind the scenes. check it out. foxnews.com/america live. girls will be girls. but one group of high school cheerleaders might have gone a little over the top on "kelly's court." see what this junior varsity squad did that landed them in some serious hot water. we have to warn you, it's going

to get a little gross. sarah palin has just wrapped up her big speech in new orleans. here is videotape. right? right. in 10 minutes we'll bring you some of what you might have missed plus more on the big battle brewing between palin and the president next. i have diabetes, and sometimes i wonder why are my numbers all over the place? are you looking for answers? the accu-cheiva syst

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one per tan is to sharon velazquez, she is one of the teens charged. a week prior to phoebe's death, she approached her mountain lunch -- she approached her in the lunchroom and screaming obscenities and calling her names. she was witnessed by a teacher

in a classroom harassing phoebe and she was only suspended for one day. there were other incidents. students heard her saying she was going to beat phoebe up. phoebe telling her classmates she was concerned for her safety. asking her friend to walk with her down the hall. megyn: it's such a sad, sad case now we have new information on a wild story we told you about the other day. that bus beatdown that got national attention, remember this? two women tangled with a bus driver. they wanted on the bus. and now they have a new fight on their hands. more on that. plus sarah palin the star attraction at southern gop conference in new orleans measuring her impact on the 2012

field. we'll have a top democratic pollster for mistake on all this. >> they offer tepid conditions and sanctions on north korea and gold stars and cookies to the sudanese president.

megyn: a quick look at stories we are watching for you. the brother of nancy kerrigan pleading not guilty on manslaughter charges. the plane that towed a banner taunting tiger woods about his sex scandal has been grounded. the federal aviation administration says the plane

must undergo some minor repairs. it was allowed to fly back to ohio for maintenance work. the astronauts at the international space station taking their first space walk. this is the first of three walks planned for the crew. sarah palin wrapping up a firey speech in new orleans about 20 minute ago. palin taking to the stage to thundering applause in new orleans at the southern leadership conference. doug schoen is my guest now. you watched with it. i want to get your overall impression first. >> sarah palin uniquely speaks to the republican base. that's her strength and her weakness because she doesn't reach independents and she doesn't reach democrats.

the hearts and minds of republicans she speaks to. megyn: we saw a dust-up between palin and the president. she took a shot at him because of his nuclear policy and he responded on abc news. she took another shot at his experience moments ago. >> the president with all the vast nuclear experience he acquired as a community organizer [applause] and a part-time senator. and as a full-time candidate. all that experience still no accomplishment to date with korea and iran. meanwhile, this administration alien 80s our friends -- consider -- alienates our friends. they escalated a minor zoning decision into a major breach

with israel. let's remind our president jerusalem is not a settlement and israel is our friend. [applause] and the critical nuke car concerns of our times are north korea because they have nukes and iran because they want nukes. yes, we can cow-tow to enemies. bow, yes, we can, but somebody needs to tell the president just because we can does not mean that we should. [applause] megyn: just because we can doesn't mean that we should. is it an effective message? >> i think to the base absolutely. they like the fact that she is attacking the president and frankly starkly personal terms

when she raises the issue of him being a community organizer and a senator with limited experience. the rest of the country doesn't. particularly in a week where we achieved the signing of the stark treaty with the russians, we are working with the security council for new sanctions on iran. most people see this as a more mixed issue than sarah palin does. but the base, you could hear the reaction. megyn: does she go too far. we cow-tow to our enemies? >> she doesn't overstate it for the republicans. but for the democrats, absolute i and for the ins in the middle they d and for the independents in the middle they say we agree with some of it but not all of it. megyn: she also took a shot at his redistribution of wealth. take a listen. >> it seems like we are learning

what the president meant with his slogan "yes, we can." you get yes, we can spread the wealth around. yes, we can spend money that we do not have on programs that we don't need and we are going to stick the next generation with the bill. and yes, we can put our country back on a track that's not a good track, because this track is going to quadruple our national debt. 1/6 of the economy with the mother of all unfunded mandates, obama-care. megyn: is she back in the mainstream with that one. >> the substance of what she is saying appeals to a broad audience. the problem is the caustic tone, the cynicism in her voice is

intemperate. megyn: you never hear it. >> we should be working together on these problems. this turns off a lot of people. megyn: the president was sarcastic, too, last night about her. i'm not going to think sarah palin knows much about nukes. i'm not going to take her advice. >> the president who has a higher position than anybody has wider license than a former governor of alaska who resigned in the middle of her term. megyn: do you think it's better coming from him or worse coming from him. >> it many better because he' the leader of the free world who has achieved enormous results this week. megyn: he's supposed to be above that. >> this advisors decide coming back at her in her language would be effective. it's sad for america that that's the case. megyn: don't you think she

thrives on that? >> the dirty little secret is they both thrive on it. and ultimately the voters in the middle are quizzical. megyn: i'll leave it with what tucker said in the last segment. i'll see whether the tone changes. i don't feel hopeful about it. >> i don't either. megyn: they had spirit, yes, they did. but today not much. pep for this high school cheerleading squad. what they are accused of doing. you may find this too disgusting for tv but it's next any way in "kelly's court." it could be a story about an amazing rescue or it could be a chance for us to play our favorite song. we report, moo decide.

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megyn: new details on the mine rescue effort in west virginia. >> reporter: they are going back inside that mine as we speak. we are talk about two separate teams here. 16 rescue members going back inside. this is about 1,000 feet underground. what they have to do is they have to get close to that refuge chamber we talked about. that's the last hope, to hope these four missing miners made it inside that refuge chamber that has enough food and water and oxygen for four days. they are moving back inside the mine right now. we'll bring you breaking developments as they come in.

megyn: "kelly's court" is back in session. "we are number one" takes on a new meaning for one high school pep squad. not much team spirit here. and i warn you, this is a gross one. several girls accused of spiking drinks. but we are not talking about a shot of cough syrup. they mixed sodas with urine and watched as their own teammates took a swig. at least one girl relieving herself into a cup and stirring it into beverages she bought nearby. but after a few deevenings -- after a few detengss, and suspensions, they can come back and cheer next year. >> to be able to not go to practice for three days doesn't

seem like any punishment. i don't think they know they did anything wrong. are criminal charges warranted here? let's ask our panel. kimberly guilfoyle and jonna spilbor. this is disgusting. do these girls who are on the jv squad. one who did it and the others who even current candidate it and knew about it. do they deserve to be charged with a crime. >> i feel they should be charged with a crime. i think they are getting a slap on the pom-pom. they still get to represent the school. they committed assaultive conduct against the girls they did this to. i don't know why they are still on the squad. nothing happened to them essentially. this is sending the wrong message. oh, it's urine, technically can it harm you? yes, it can. you don't know what kind of

bacterial infections or stds could happen that could be in urine or other things are in it. megyn: the victims can consent, and this was forced upon them by people who were supposed to be their teammates. it only came out because one of them mouthed out about it. they suspected something was up with the sodas while they were drinking them and the girls lied and said they put tanky tart candy in there. would you in you're wildest dreams have ever even considered doing this to somebody? >> no, never. what happened to the good old days when all you had to worry about was getting an eyebrow shaved off. this walks the fine line between disgusting prank and vial crime. the officials decided to treat

this as a prank. i think there is a proof problem here because these girls didn't -- they don't have a sample to send to the lab. this was talked about four months later. megyn: he admitted it. >> not enough to prosecute criminal charges. this is a tough case to defend. and that's probably why it's not in criminal court and they are being handled the way they are being handled. megyn: even though it is a crime. let's assume they are 14 years old, we don't want to put them in the criminal justice system. two days of in-school suspension and they get some stay on the cheer squad? >> i would go crazy over this. this is outrageous. its sending the wrong message to the student body. that's why we have these cases of hazing and bullying that are

resulting in the deaths of young people. it's going too far. they are allowed to represent the school by wearing the uniform. off the squad. no cheerleading for them. that's what should happen. they should be suspended for a much longer period of time and be made to clean the bathrooms, the men's urinal and the women's. megyn: if they have the mentality to conceive of this and execute it, if that's the mentality of these girls, two days in-school suspension is not going to do anything. they arguably need a criminal charge to bring home the message, something is wrong with you. >> or to be expelled. i could see them being booted out of school all together. the burden of proof in civil court is different. they could be subjected to civil suits from the victims and parents of the victims. >> there is the cheerleading

constitution. >> what is a that? >> the cheerleading constitution says you have got to be a convicted felon for you to be expelled or put in the alternative discipline center. i'm pretty sure they filter smoothies and lattes. megyn: i looked at the cheerleading constitution and eight says if you engage in conduct that would be punishable as a felony then you can potentially be expelled. >> this is a misdemeanor. i don't know that it rises to the level of felonious conduct. but why are these girls allowed to cheer. why are they still in school? it's outrageous. if guys did this, forget about it. >> it would probably be treated more harshly. but men play praings on each

other. >> what do you make of kimberly's suggestion that these girls should be forced to clean the urinals at the school. >> i like the. send them to a jail and have them clone those. this is really disgusting. they are mat making their mamas proud. that's for sure. megyn: little girls everywhere, be young strong ladies and women who look out for your fellow girls and cheerleaders. this behavior is so vial it is criminal. these girls need to be taught a lesson. how dare they and they can stay on the cheerleading squad? this is disgusting and something more needs on done about it. we are going to stay on this one. meantime new defendments in the bus beatdown all caught on tape.

the two folks seen here are in for a new fight. claudia cowan in california with a fearless group of firefighters. >> there are firefighters and then there are smoke jumpers. an elite group of firefighters who fight for rest fires by jumping into them. i'll have a live report right after the break. one of these will get you more than half way to your five daily servings. v8. what's your number? aren't absorbed properly unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. also available in small, easy-to-swallow petites. citracal.

megyn: they drop themselves into raging forest fires and they are called smoke jumpers. they fight fires across the country. claudia cowan traveled with them

during their spring training. >> reporter: look at this apparatus. this is the kind of equipment that's used to train professional firefighters looking for even more adventure on the job. this is where they learn to fight wildfires by jumping into them. these veteran firefighters are in the middle of an intense course to join the smoke jumpers unit. a group that jump into forest fires to attack them fast. you probably have a minute in the air and it goes by very quickly. >> once the jumpers land safely, the plane drops them their gear, shovels and chain saws, and another food and water to last three days in the wilderness.

once the fire is out, they haul the equipment out on their backs. along with rigorous conditioning and class work -- the rookies practice exit jumps. landing and repelling in case their chute gets caught in a free. of the 200 who applied, only 5 made the cut. >> we have only been together a couple weeks and we are already pretty tight. >> the biggest challenge is hitting the jump spot which might be a few hundred feet or a mile away from the flames. they jump roughly 65 fires a year and are often the first responders. fast action that can literally save lives and property. here in california fire season starts just as soon as the winter rains subside. by may 1 these smoke jumpers

will be on duty 24/7. megyn: you don't see this every day. a cow stuck in a storm drain. answers and more next. captioning made possible by fox news network [ crowd cheering ] [ male announcer ] competition... it pushes us to work harder. to be better. to win. but sometimes even rivals realize

they share a common goal. america's beverage companies have removed full-calorie soft drinks from schools, reducing beverage calories by 88%. togethewith schools, we're hping kids makeore balanced chces every day. ♪

an amazing rescue in utah raising the question how the cow gets stuck in a storm drain. bessie spending the last three days underground. here it comes. animal control officers tried all sorts of things, even sending in a dog. didn't work. they brought in the heavy equipment. she's a little banged up but the cow will be okay. it's friday, so in the last few minutes together we listen to the cow song. hello moo, moo, moo ♪ ♪ black and white cows go to music school ♪ ♪ black and white cows think music's school ♪ >> they do ballet, given the chance. yeah! love that. that's for my buddy, bill hemmer, watching someplace. thanks for watching, i'm megyn