named publicly may face charges stemming from the investigation regarding their enormous pay. you may remember this ugly seen when bell residents found out that city officials were making eight times the amount of one city worker. one city worker making around $800,000 a year. the city manager of a small town, trace gallagher is live in our west coast newsroom with more on this. and now four people have been arrested? >> reporter: and now we are hearing, megyn that it's eight people actually have been arrested now. this is from the l.a. times. they are reporting eight people have been arrested. they have not got even information on who the eight are but there are reports that four of them are city councilmembers who weren't paid nearly as much as the city managers, the fire chief and the police chief, et cetera. steve cooley who is the l.a. county district attorney will hold a news conference one hour from right now to announce the charges, as well as who was involved. but this comes the very same day

the l.a. times broke the story about city manager robert rizzo. not only was he making close to $800,000 a year but the l.a. times says out of his retirement account he loaned himself $95,000 and paid the money back using city funds without the approval of the city council. that man right there robert rizzo was part of the whole salary scandal. let me show you the amount of the salaries. rizzo made $887,000 a year. his assistant manager. $376,000. the police chief, randy adams, $457,000 a year, megyn. he makes a lot more than the l.a. police chief who has thousands of officers. randy adams had 24 officers under his authority. if you look at the pensions that was the second part of this thing. not only were the salaries outrage just but the pentagons were also enormous, rizzo's

pension $659,000 a year. the assistant city manager 250. the police chief randy adams $411,000. just last week the attorney general of california, jerry brown came out announcing that he was filing a lawsuit against several former and current employees in bell trying to get that money back, and now we find out that steve cooley, the d. a. is looking into it. i'm quoting here, whether or not these loans and salaries amounted to theft of public funds. he is also looking at voter fraud charges. remember we talked about this a lot, intimidation of voters to get those city council people reelected again and again, looking into that as well. we should have a great deal of information on this bell salary scandal when the d. a. comes to the microphones less than an hour from right now, megyn. megyn: we will be waiting for that. trace gallagher, thank you.

another fox news alert, we are getting new details right now on the ethics charges brought against arkansas democratic senator blanche lincoln. they are accusing her of wrongly using taxpayer dollars to cover the costs of campaign material. the complaint addresses a four-page newsletter that was mailed out last month. she is accused of a string of offenses, including using unlawful personal references and mailings. not good news considering this poll showing lincoln trailing her republican opponent with only 28% of the vote ahead of the midterms. look at that 57% for the republican, 28% for blanche. new video today of what happened in florida to a father who stormed a school bus to defend his daughter against brutal bullies. james willie jones is now apologizing for his actions, but he apparently snapped because he thought those students were picking on his 13-year-old daughter who has cerebral palsy. let me tell you what the kids

did to her. they called her names, they pulled her hair, they tweaked her ear and they took condoms and tried to put them over her head. he said he reached out to the school which did nothing and that's what led him to do this. >> everybody sit down. everybody sit down. come on, come on, come on. now, now. my daughter. [bleeped] >> show me what you want. [bleeped] >> you assault my daughter. [bleeped] megyn: he didn't lay hands on anybody but he had stern words, you could hear him saying to the daughter, show me which one. he is apologizing for losing his cool. he told good day america today is what his daughter told him is what led him to this breaking point. >> poking on her, calling her names, words i won't say on tv

because i already expressed that once before. can't get her feet on the bus, you know, you're not my friend, you move to the back, you know, the bus was so crowded. she was just -- from day one, day two just tormented. megyn: well after that abc a experience jones held a news conference in florida to talk about the case, and trace gallagher will have much more on what he said coming up a little later. he is facing two criminal charges for getting on that bus now. another fox news alert. we just got a word of a news conference less than a half hour away on a deadly shooting that took place yesterday at an army base in texas. the fbi says the gunman that opened fire on a small grocery store on base was a retired army sergeant. they shot and killed him yesterday minutes after he shot two women. we are learn one of the women

has died of her injuries. daniel joins us from for the bliss, who is this gunman. >> reporter: megyn we are being told his name is steven crop, he's 63 years old, a retired armyth sergeant. fbi officials saying he walked into a shop, kind of a gas station and convenience store at fort bliss yesterday afternoon. we know it was against two civilian employees. one woman died who was 44 years old. the other victim, her name not released, we are being told she has serious injuries today and is at william beaumont army medical center. that is the hospital on point. the fbi says they don't know motive, or the relationship between croft the retired army sergeant and the two victims if there was any relationship at all. megyn: you're at the base. how are the people there reacting? >> reporter: well you're getting a lot of mixed reaction.

a lot of people shocked, upset, disturbed, worried about their safety on post. we are getting a lot of people that are saying, this was expected. that's because a few years ago there were only 9,000 soldiers here at fort bliss. by 2013 they will have 32,000 soldiers. the base is increasing in size, as a result many people were saying more types of events will happen when you get more soldiers and families on post, megyn. megyn: thank you so much. the taliban in afghanistan claiming it shot down a nato helicopter today killing nine american troops. right now the military says there is no evidence of any hostile fire. the chopper went down in a province in southern afghanistan. that's where troops are stepping up the pressure on taliban insurgents. the terrain in the area are rugged. helicopters are used to move troops around. this is the worst chopper crash for coalition forces in four years. well in washington we are learning more about one soldier's story kept under wraps for decades, but that is about

to change. just a few moments from now in a white house ceremony chief master sergeant richard etchberger will posthumously receive the highest award for value or. what is it exactly that this man did to receive the medal of honor. >> reporter: essentially he put the lives of others before his own. it was back on march 11th, 1968 he was in an outpost in laos it was during the vietnam war. they were taking heavy enemy fire. he was calling in air strikes in northern vietnam and essentially he put three wounded comrades on board a rescue helicopter, he called in that helicopter. as he was -- and he did this three times without thinking of his own safety. as he put himself on that last rescue sling that's when he was shot from below and killed instantly. again this american hero was born in hamberg, pennsylvania

and he put the lives of others before his own. megyn: why is he being given this, or awarded this 42 years after his active bravery. >> reporter: it's a good question, it's an awfully longtime. essentially his mission and actions were classified up until recent years. they were operating in laos at the time during the vietnam they weren't supposed to be in laos. that's the area if you look now there is a picture of the outpost where he was. it was known as lima site 85 at the time. we weren't supposed to be in laos at that time so it was finally declassified, that's why the white house decided to award him the medal of honor. megyn: what are those who were saved by the sergeant say about what he did for them. they say he should be awarded 55 drums of medals for his act of bravery. they said they won't be here today, in fact a 71-year-old sergeant recalls that he says he thinks about this every day and

realizes his life, he won't essentially be alive if it hadn't been for the actions of sergeant etchberger. megyn: jennifer griffin thank you. senate majority leader harry reid just lost new york's jr. senator kristen kill louisiana brand, publicly praising her as hot. now some feminists are calling him sexist. you will hear from one of them after this break. then there is this. not a good day for spectators at a car race in brazil. we have now learned what caused this stadium to suddenly collapse. and president obama finding himself in an awkward position when he was confronted by some angry town hallers, many of them his supporters. we'll show you how the president responded to this, for example. >> i'm one of your middle class americans, and quite frankly i'm exhausted, i'm exhausted of defending you, defending your administration, defending the

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megyn: chaos at a popular car race in brazil when bleachers packed with spectators collapsed. look at this dramatic footage. this is horrifying. look at that. the stands give way sending more than a hundred people to the ground amid a pile of twisted metal and wood. 111 people are injured, 22 of them critically. while they are still investigating we are getting word that they think that structural problems were to blame. the bleachers just apparently did not have enough support. we've got breaking news now from the campaign trail. new york senator kristen gillibrand responding to a story that is not sitting well with critics of senator harry reid. it's sort of democrat versus democrat. this all started yesterday when the senate majority leader referred to gillibrand as,

quote, the hottest member of the senate. gillibrand today, after some articles came out questioning the use of that word to describe her in an arguably sexist way, she comes out today saying she has the utmost respect for harry reid. that response angering some feminists who call reid's latest verbal gaff down right inappropriate. we have the former president of the women's media center. you think this remark is sexist. >> absolutely. this is not the first time that senator reid has put his foot in his mouth. i think we saw when he made his statements about president obama the type of outrage from the media, from politicians, from the general public. megyn: he described president obama -- >> as a light man without negro dialect. that clearly pushed some buttons out outraged people, but this statement has not i think risen to that level of visibility

because sex iism is no legalized so to speak. she is doing everything the dfcc has asked her for, and the first thing that he could credit her with is being hot. absolutely effectsist -- sectionesestist, actually not tepable. megyn: they said she returned red and the reason it jumped out at folks is because of the contrast of how he spoke about senator chuck schumer who apparently he does not think is hot and talked about how he could have run for governor an said all these great things, and then to gillibrand the first thing out of his mouth is, and she's hot, she's the hottest members. many sepbs are known for many things according to a source who heard him. we in the senate refer to senator gillibrand as the hottest member. reid's office wanted us to point out that he went onto discuss

her knowledge on security laws and was best on some policy items than others, does that soften it? >> no i don't think that does. when he was talking about senator schumer about policy and political expertise and the substance of who this man is as a senator, but when it came to senator gillibrand he led with a statement as to her appearance. that statement allows girls who aspire to political leadership, it makes them think twice about running for office. megyn: or that they have to be hot to get praise and get to a position like that. >> they don't want to be addressed i think on those issues. megyn: let me ask you this. people ask me this sometimes in interviews, magazines, that kind of thing whether i get offended when people refer to me as hot or people comment on my looks and i don't get offended lie that -- by that, i still think that is a compliment. however is there a difference when it's coming from your

colleague? it's one thing to have a media writer say it or color someone else say that but is it different when it comes from your colleagues. >> it's absolutely different. many women candidates have to deal with it across the country. it's not just from colleagues, it's from the media, women, elected officials and candidates running for office are treated at a different standard, and i think it's really time that we in the media, and so this is great that we're having to conversation, megyn, because the story has kind of gone under the radar and it shouldn't. it should be front and center for women to stand up and say, this is unacceptable, senator reid. we agree with you on your policies but this type of addressing of a senator of gillibrand's status is unacceptable. megyn: apparently he's wanting us to point out that he also said she was smart or praised some of her policies. what does it tell you about harry -- harry reid that he even went there. he said soeupb send dare rye

things about obama. he referred to reus teen o'donnell as his pet. he points out that she's hot and he did that because she made the hills which is a d.c. publication most beautiful list. what does that tell you about him, that that's the way he thinks, that's where he went. >> i think he clearly has a problem of making gaffes, it's not a surprise that he would make a statement that upsets people, but at the end of the day, when people were upset about the comment about president obama he addressed it in a very serious way, he addressed it and apologized, but we haven't seen that -- megyn: that's a much bigger deal according to people who comment on these things. they get much more aeu set when somebody says something that is racist. >> that's the deal, katie couric says it's time for racism should

be as bad as section is is eupl. harry reid shows he can respond when it comes to a racist statement. in making a sexist statement he's comfortable with it. unfortunately it's showing how pervasive sexism is in our society. megyn: help harry reid out. it's okay for men to remark on women's attractiveness at times. its not like they can never comment on that. what forum is it okay in and not okay in. >> it's clearly not okay in a political conversation about your senate colleague about a race that is so important to the american people when she has an opponent who wants to dismantle social security. there are other points that senator reid can be making in talking about what she is bringing to the united states senate, that is not appropriate at all. it's not appropriate in a debate, it's not appropriate when media analysts are talking about candidates. yeah, okay maybe you can talk

about how someone looks over dinner, and in those types of environments but in a professional environment the type of scrutiny that women come under especially when it comes to women running for office, this is what stops women from getting in that pipeline. megyn: isn't she hot, like, oh, aren't you attractive, and smart too. all right, that is interesting. it's an interesting conversation. i hope we don't get to the point where men are no longer allowed to call us attractive, that is nice to hear, let's face it. it depends on the setting and context in which its said. >> hope knee they will talk about the substance instead. megyn: that would be nice. thank you *rbgs lady. one of the largest private companies in america is suggesting the white house went a step too far with a recent political attack. it is saying that the administration may have used some of its private tax information to make a very public point. fox news legal analyst peter johnson jr. on whether the white

house has gone too far. mascots gone wild. that smack down that horrified some of the crowd. will you look at this. wait until you see what happened after the mascots tussle.

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megyn: welcome back, folks, a major story is developing online right now. twitter says that it is now safe to visit the twitter website again without fear of being exposed to hard-core pornography. well that is good. hackers attacked twitter.com today and affected thousands of users. not only did they send innocent

twitters to offensive site they triggered malicious pop up windows and sent out tweets from the victim's accounts. i don't think i tweeted anything today, if you got something from me i was also a victim. the attack only hit twitter's own site. other applications and web sites using their service operated normally. we are learning more this hour about a bomb plot foiled in the windy city. a young lebanese man is now in custody after planting what he thought was a bomb near chicago's wrigley field. where the cubs play. fortunately it was a fake supplied by the fbi. mike to be inch has more from chicago. mike. how much of a threat was this guy to the people in chicago and what was behind this? >> reporter: well, you know, megyn there were hundreds of people out on the street at the time. according to the fbi this individual wanted to hurt them, he just didn't have the ability. sami samir hassoun is his name. he's a lebanese immigrant, 22 years old. the fbi says he spent a lot of

time telling people about hitting targets in chicago. ultimately he told confidential informants and undercover agents and they hooked him up with a bogus bomb. saturday night after mid in it for sunday morning it was place ned a trash can outside of sluggers, a few blocks away from the ballpark. it would have been packed at the time because dave matthews had just been playing at wrigley field, the concert had just let out. the fbi stresses the fact the public was never in danger because the bomb was a fake. they barely noticed a thing because the black suv's came in and swooped sami samir hassoun off the street. they were gone in about a half hour, didn't probably look a whole lot different than the amount of drunks arrested in that town. megyn: interesting story thank you. harsh new questions about the administration today. is the white house now targeting, specifically targeting private companies that pay for ads opposing president obama's policies? and might your tax information be at risk if you speak up against them? that's what one company says is

happening to it. is it legal? fox news legal analyst peter johnson junior is here coming up to answer those questions. now reaction to president obama's town hall meeting yesterday where one of his staunch supporters had a lot to say, and it may not have been what president obama was expecting to hear. >> i have been told that i voted for a man who said he was going to change things in a meaningful way for the middle class. i'm one of those people and i'm waiting, sir. i'm waiting. i don't feel it yet. let me tell you about a very important phone call i made.

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call this toll-free number now. megyn: fox news alert, we are learning more now about the arrest of eight people in connection with that big salary scandal out in bell, california. you remember this scene, don't you. locals out there found out that some of the city officials were making eight times the amount of the city's average worker. the city manager was making $800,000 and change. the police chief made like three times when the l.a. police chief makes for bell california, little old bell. now we are hearing that that man, the city manager robert rizzo i is among those who have been arrested. arrested now. does that change things? here you have people taking fat-cat salaries but is it illegal. jerry brown the attorney attorney general of california says so and now a news conference in less than 30 minutes. >> we know that they will

stand -- megyn: we'll dip into the white house where this medal of honor is awarded posthumously to a soldier 42 years after his act of bravery. let's take a listen. jon: and the family who loved and supported him. we humbly ask that you grace our time together with your presence and blessing in our holy and wondrous name we pray, amen. >> please be seated. good afternoon. and on pwof of -- on behalf of michelle, myself, welcome to the white house. and i thank you, general sear for that wonderful invocation. of all the military declarations that our nation can bee stow the highest -- bestow, the highest is the medal of honor. it is awarded for conspicuous

galant tree, for risking one's life in action, for serving above and beyond the call of duty. today we present the medal of honor to an american who displayed such galant tree more than four decades ago, chief master sergeant richard l. etchberger. this medal reflects the gratitude of an entire nation. we are also joined by vice president biden and members of congress, including congressman earl palmaroy, and from chief etchberger's home state, tom holden. we are joined by leaders across my administration, including the veteran of affairs, vice chairman of the joint chiefs of staff and leaders from across

our armed services including air force secretary michael donnelly and chief of staff general norton schwartz. i want to acknowledge a group of americans who understand the valor we recognize today because they displayed it themselves, members of the metal of honor society. most of all we welcome dick etchberger's friends and families. especially his brother, robert, and dick's three sons, steve, richard and corey. for the etchberger family this is a day more than 40 years in the making. corey was just nine years old but he can still remember that winter in 1968 when he, his brothers and his mom were escorted to the pentagon. the war in vietnam was still

raging. dick etchberger had given his life earlier that year. now his family was being well welcomed by the air force chief of staff in a small private ceremony dick was recognized with the highest honor that the air force can give, the air force cross. these three sons were told that their dad was a hero, that he had died while saving his fellow airmen, but they weren't told much else. their father's work was classified, and for years that's all they really knew. then nearly two decades later the phone rang, it was the air force, and their father's mission was finally being declassified. that's when they learned the truth that their father had given his life not in vietnam but in neighboring laos, that's when they began to learn the true measure of your father's

heroism. dick was a radar technician and he had been hand-picked for a secret assignment. with a small team of men he served at the summit of one of the tallest mountains in laos, more than a mile high, literally above the clouds. they manned a tiny radar station guiding american pilots in the air campaign against north vietnam. dick and his crew believed that they could help turn the tide of the war, perhaps even end it and that's why north vietnamese forces were determined to shut it down. they sent their planes to strafe the americans as they worked. they moved in their troops, and eventually dick and his team could look through their binoculars and see that their mountain was surrounded by thousands of north vietnamese troops. dig and his crew at that point had a decision to make. ask to be evacuated or continue the mission for another day.

they believed that no one could possibly scale the mountain's steep cliffs and they believed in their work, so they stayed. they continued their mission. there were 19 americans on the mountain that evening. when their shift was over dick and his four men moved down to a small rocky ledge on a safer side of the mountain, and then during the night the enemy attacked. somehow fighters scaled the cliffs and over ran the summit. down the side of the mountain dick and his men were now trapped on that ledge. the enemy lobed down grenade after grenade, hour after hour. dick and his men would grab those grenades and throw them back or kick them into the valley below but the grenades kept coming. one airman was killed and then another.

a third airman was wounded, then another. eventually dick was the only man standing. as a technician he had no formal combat training, in fact he had only recently been issued a rifle. but dick etchberger was the very definition of an nco, a leader determined to take care of his men. when the enemy started moving down the rocks dick fought them off. when it looked like the ledge would be overrun he called for air strikes within yards of his own position, shaking the mountain and clearing the way for a rescue. and in the morning light an american helicopter came into view. richard etchberger lived the airman's creed to never leave an airman behind, to never fault tere, to never fail. so as the helicopter hovered above and lowered its sling dick

lowered his wounded men one by one each time exposing himself to enemy fire. when another airman rushed forward after alluding the enemy all night dick loaded him too, and finally himself. they had made it off the mountain. that's when it happened. the helicopter began to peel away, a burst of gunfire erupted below, and dick was wounded, and by the time they landed at the nearest base he was gone. of those 19 men on the mountain that night only seven made it out alive. three of them owed their lives to the actions of dick etchberger. today we are honored to be joined by one of them, mr. john daniel. among the few who knew of dick's actions, there was a belief that his valor warranted our nation's

highest military honor. but his mission had been a secret and that's how it stayed for those many years. when their father's mission was finally declassified these three sons learned something else, it turned out that their mother had known about dick's work all along, but she had been sworn to secrecy, and she kept that promise to her husband, and her country all those years, not even telling her own sons. so today is also a tribute to catherine etchberge r a reminder of the extraordinary sacrifices that our military spouses make on behalf of our nation. this story might have ended there, with the family finally knowing the truth, and for another two decades it did. today also marks another chapter in a larger story of our nation finally honoring that generation of vietnam veterans, who served

with dedication and courage, but all two often were shunned when they came home, which was a disgrace that must never happen again. a few years ago an airman who never even knew dick etchberger read about his heroism and thought he deserved something more. he wrote his congressman to get this mission done. today we thank that airman, retired master sergeant robert dillie and that congressman, earl pomaroy along with congressman hold even to make it possible. sadly dick's wife catherine did not live to see this moment. today, steve, richard and corey, today your nation finally acknowledges and fully honors your father's bravery, because even though it has been 42 years it's never too late to do the

right thing, and it's never too late to pay tribute to our vietnam veterans and their families. in recent years dick's story has become known and air force bases have honored him with streets and buildings in his name, and at the base where he trained so long ago, in -- barksdale in louisiana there is a granite monument with an empty space next to his name. that space with finally be etched with the words metal of honor. the greatest memorial of all to dick is the spirit we feel here dark the love that inspired him to serve, the love for his country and love for his family. and most he will -- the most eloquent expression of that devotion are the words he wrote himself to a friend back home just months before he gave his life to our nation.

"i hate to be away from home" he wrote from that small base above the clouds," but i believe in the job." he said," it's the most challenging job i'll ever have in my life. then he added, i love it. our nation endures because there are patriots like chief master sergeant richard etchberger and our troops who are serving as we speak, who love this nation and defend it, and their legacy lives on because their families and fellow citizens preserve it, and as americans we remain worthy of their example only so long as we honor it, not merely with the metals that we present but by remaining true to the values and freedoms for which they fight. so please join me in welcoming steve, richard, and corey for

the reading of the citation. #- [applause] [applause] >> the president of the united states of america authorized by act of congress march 3rd 1863 has awarded in the name of the congress the metal of honor to

chief master sergeant richard l. etchberger united states air force force. chief master sergeant richard l. etchberger distinguished himself by extraordinary heroism on march 11th 1968 in the country of lao attached to detachment 1, 1023rd radar quad tkropb. they were manning a stop secret position at lima site 85 when the base was overrun by enemy ground for the. receiving sustained artillery attacks his entire crew laid dead or severely wounded. despite having received little or no combat training he single-handedly held off the enemy with an m16 while simultaneously directing air strikes into the area and calling for air rescue.

because of his defense and heroic selfless access he saved the lives of his remaining crew. with the arrival of the aircraft he risked his own life exposing himself to heavy enemy fire in order to put three comrades into rescue slings into a hovering helicopter waiting to air lift them to safety. with the remaining crew safely aboard he finally climbed into the evacuation sling himself only to be faith tally wounded by enemy ground fire east was being raised into the aircraft. his bravery and determination in the face of persistent enemy fire and over wellining odds are in keeping in the highest performance and tradition of military service. his galant tree, selfsacrifice and profound concern for his fellow men at risk of his life

above and beyond the call of duty reflect the highest credit upon himself and the united states air force. -- air force. [applause] megyn: honoring an american hero. what a man. chief master sergeant richard etchberger honored with the metal of honor, 42 years posthumously for incredible acts of bravery during the vietnam war, a mission and acts that were kept confidential for all this time because we were in laos where we were not technically supposed to be, and as a matter of confidentiality they wanted to protect that information. now these years later his family there as the greatest honor one can receive is bestowed upon dick etchberger.

well president obama in an incredible ceremony there but in quite a different group yesterday. he was getting to business, you could say from some of his own supporters. today we are getting new reaction to this town hall meeting that showcased some real voter anger that we've been hearing about more and more these days. some of the folks there saying that they voted for the president, but saying in no uncertain terms that they are not satisfied with the results achieved so far. one woman now making national headlines after she said this directly to the commander-in-chief. >> i'm one of your middle class americans, and quite frankly i'm exhausted. i'm exhausted of defending you, defending your administration, defending the man of change that i voted for and deeply disappointed with where we are right now. i have been told that i voted for a man who said he was going to change things in a meaningful way for the middle class. i'm one of those people and i'm

waiting, sir. i'm waiting. i don't feel it yet. megyn: we have our panel to weigh in. you could hear that women's frustration. it seemed very sincere, although there are some now claiming it wasn't. i'll get to that in a moment. let me start with you leslie as a supporter of president obama what is your reaction -- a supporters of his, somebody who openly supported him, and the disappointment in her voice. >> i'm not surprised. as i said even here before and she said it, i don't feel it yet, but we see everything coming out, all of the numbers showing, we're out of the recession, we've turned a corner, the economy is improving, it's real slow at a snail's pace. we are inch patient. she is inch patient. i add higher for for having the

guts to say it to the president. i admire the president president for not having her shooed away. >> are you kidding? megyn: not that he could. until people actually do feel it, he's in a lot of trouble, that's the problem. the president, the white house, the democrats can come out every day and tell us that progress is being made but until people actually feel it, does the message resonate? rao. >> megyn, here is the thing, the president's own advisers say don't expect unemployment to improve any time soon. this 4 woman is right to feel what she feels because she can look around her at the wreckage, the economic wreckage in this country caused by the president's policies. now he keeps saying that he inherited this entire mess, the fact is the mess started with the democrat congress coming in in the early part of 07. the woman stood up and asked him a direct question, is this my new reality? they won't be handing the president any metals for galant

tree for answering the question. he didn't answer the question. he should have said to her, yes under my policies if is your new economic policy, you better get used to it or choose different leaders with different policies for the country. megyn: that is probably not in any real world how the president would handle it. here is part of what he did say in response to this supporter. >> my goal here is not to try tho convince you that everything is where it needs to be, it's not. that's why i ran for president. but what i am saying is that we're moving in the right direction, and if we are able to keep our eye on a long-term goal, which is making sure that every family out there, if they are middle class, that they can pay their bills, have the security of health insurance, retire with dignity and respect, send their kids to college. if they are not yet in the middle class that there are ladders there to get into the middle class so people work hard and get an education and apply themselves, that's our goal. megyn: the problem, leslie for

him, for the president, is that she is not buying it. this voter is not buying it. according to the polls, even independent voters and democrats are not buying it because the administration has been caught saying things that weren't true before. i'm not saying they were actively falls but they didn't live up to it. they said the healthcare law was going to help fix the economy, and so far it hasn't. and you still have the skyrocketing unemployment rate. it's tough for voters to believe at this point, leslie. >> yeah, but we also have to look at, you know, the facts. the facts are healthcare reform hasn't even hit us financially good or bad, because most things don't go into effect until 2014. when we look at the stimulus nobody said we're going to fix this in three, six, nine months or even a year. this is a decade-long program. megyn: they said shovel ready projects that were going to

create jobs immediately. >> yep, megyn by the way. >> jobs have been created. people pick whether they've been created in the private sector, or in the public sector and then they split hairs over that. the bottom lines unemployment down as low as the government would like and the americans would like it, no, but you know what this reminds me of, megyn it reminds me of dad dear we there yet. and the president who is daddy in this position keeps saying, not yet. the problem is the president doesn't have a crystal ball, neither do wall street and neither do democrats or republicans. we have to work together. >> megyn i've got to tell you, leslie is being dishonest here. the president's own health and human services secretary came out tk- and said there will be substantial increases in health insurance premiums right now as a result of obamacare. that is a problem. you know the people who are watching your show right now a lot of them small business people know ten more dollars of cost to them means they have to cut some more. they are going to come into the flesh and pwhoepb. megyn: i need this answer quickly, i need to go. look at this clip from the view,

this is what joy behar thinks of this woman. >> she is a plant. >> why because she challenges what is going on? joy, you've got to be real at this point. even the girl who wrote i've got a crush on obama is rewriting her song, this is not a good situation, this is a bad one. i think so many people are stuck in fear mode. megyn: leslie do you think she might be right? >> no and i think it's scary if we're looking to the view for politics. megyn: people do. people do. i mean it may be scary but they do. and joy behar, you may not agree with her but shys at least an honest voice of how the far left feels. is that fair and what does that say to you, lars that she is now calling this woman that got up and said i'm a support of you and i'm exhausted from having to defend you. >> i don't know about fair. this is representative of a lot of americans who are saying this

man's policies are wrong. he claims to have a crystal ball, he claims his poll sraoes will reinvigorate the country. the fact is that he is not doing that. to say that anybody who criticizes the choice even one's policies must be a plant, that's just foolish. megyn: okay, got to leave it at that, panel, good debate. thanks so much. we appreciate it. fox news alert we are less than ten minutes away from a news conference on a deadly shooting that took place yesterday at fort bliss army base in texas. the fbi says the gunman who opened fire at a small grocery store on base was a retired arm officer. he was shot and killed after he shot two women. we learned that one of the women has died of her injuries. well new questions today about the white house and it's handling of private information involving a wealthy political adversary. a report saying that the administration brought up coke industries during a reporter briefing on corporate taxes.

they singled out this company and now that company's lawyer wants to know if and how the white house got a hold of a private company's tax information, which is supposed to be confidential between that company and the irs, and they are wondering why they've been targeted and singled out to begin with. peter johnson junior is here. let me take the latter question first, this question is saying, why on earth are we being singled out. we are the only company by name they keep mentions, at least three senior administration officials including president obama have continued to mention coke industries who has spent some money to oppose president obama's policies. >> the coke industry and family has been involved in an organization called americans for prosperity which is a libertarian small government anti-healthcare tea party supporting organization that puts its money where its mouth is. so they feel at this point that they shouldn't be subjected to

the fierce and ferocious power of the government talking about the kind of taxes they pay as billionaires in this country in response to their political activism and their funding of think tanks and of studies and the like. so they are saying, is this a return to the nixon enemy's list that we saw in the 70s. megyn: we pay money to buy ads to oppose president obama's policies and we are repeatedly mentioned as the big, bad corporate giant that spends too much money in the wake of a supreme court ruling that we need to crackdown on. >> the white house indicates they were getting it from their own website and from the president's economic advisory board meeting. megyn: the white house says we didn't say anything about them that is not publicly available any way. >> well, even if it was publicly available, and i don't know that it is, this is a privately-held company they were talking about. private tax returns are not public. this is not something that is

traded on the new york stock exchange or the american stock exchange. those tax returns are private. you need an authorization by coke industries to get their tax returns. megyn: the white house says that no officials have access or are allowed to access private tax information, but i can tell you that we reached out to coke directly. >> right. megyn: and they said we are not at ease as a result of the white house's statement. just because they didn't necessarily look at the tax returns, what did they look at and why are we being singled out? we are allowed to spend mono posing the president. >> let me assume this, let's assume even if they are public. if they are public is it appropriate for a white house, a white house that controls the irs to comment on someone who is funding public policy studies, someone who is funding public policy studies in a way the white house doesn't like, does that intimidate those folks? does that intimidate other americans who want to speak up

and act in accordance with their beliefs? do they say, are my taxes, and how much i pay, or i don't pay, whether it's a pass through, whether it's a small business, and llc, a limited partnership, am i going to be held to account for my political beliefs because i fund certain foundations? and it goes to the heart of what a lot of americans are saying, on the left you're perceived to be a nonpartisan watchdog, if your right leaning or libertarian living somehow you're perceived as a political enemy of the state. we don't know whether anyone accessed confidential irs words. -- records. we are relying on what the white house said through politico, that they didn't, that they relied on public information on coke's own website. it creates an issue in this country about the power and the potential abuse of power. even if it was public, what does

it matter what they paid in taxes if they are complying with the law? but is it an issue because they disagree with the white house? single standard in this country, not a double standard. megyn: we are talking about coch it's not coca cola industries just so there is no confusion. peter johnson junior. fox news alert, i'm megyn kelly with a brand-new hour here of "america live." we are awaiting a news conference now from the l.a. district attorney's office on the arrest of several officials in bell. under the weather but fighting through it folks. including we're told this guy the former city manager robert rizzo. all of this comes aftershocking revelations that rizzo and others raked in enormous salaries. he looks unhappy in this photo, he must have been happy for a longtime because he was making not quite a million dollars but 800,000 or so for managing a little old town. according to the l.a. times this

guy rizzo was sent to eastern more than $1.5 million this year when you put all the benefits into it. he gave loans totaling $2 million to 50 city officials including himself. no word on the specific charges but the d. a. may hit these folks with theft of public funds and possibly other charges. the news sparking widespread outrage and angry protest in the small working class town which was not happy when they learned how much the folks were making. a humble apology from a father who got upset to protect his disabled daughter on a school bus. james willie jones. this father, who went on the school bus to yell at a bunch of bullies, now admits he lost his

cool when he went on there to confront his young daughter who has cerebral palsy. >> my daughter [bleep] i don't give a [bleep] -- >> i didn't do this! megyn: trace gallagher has more from our west coast newsroom. this man, we should tell our viewers, is facing two criminal charges and now finds himself on the defensive after the brutal torture these kids put his daughter through. >> reporter: that's right. disorderly conduct, now out on $2,000 bond, and james jones came out today and said, look, i was wrong, i handled this thing poorly, but wow. you look across the internet, megyn, he is getting a ton of support from parents across the country who are fed up with bullies. jones eye daughter has cerebral palsy. she wouldn't get back on the bus because she said some kids tried to put condoms on her head, slapped her in the back of the

head, they were rude to her. he said to her, show me who the kids are, i'll go on the bus. well, he did, here's how he handled it. >> everybody sit down. everybody sit down. come on, come on. listen, man, i don't care if you don't speak english or not, but my daughter's been on [bleep] and that's that! i'm going to [bleep] show me which one! i'm going to call the police! >> reporter: clearly, this was all caught on videotape. he didn't touch any of the kids which is important to point out. today at a news conference he apologized, but he said he could not sit back and watch his daughter suffer. listen to this. >> i really strongly believe we should do it a different way, but at that time in the heat of the moment, i did it a bad way because my daughter broke my heart by standing there crying. so i sincerely apologize again

to everyone. >> reporter: he did apologize, and we want to listen to this for context, megyn. the federal government estimates that 1% of all -- 19% of all kids are bullied at least once a week. that's one out of five kids from the federal government, and they say the impacts of bullying can last their entire life. and you wonder why this has generated such a huge conversation in this country about bullying and about what happened in the central florida a couple of days ago. megyn: i mean, trace, i know you've got two daughters. >> reporter: yeah. megyn: if the they were being bullied on the bus and you couldn't get the school to stop it, you'd like to think you could just drive your kids to school. people have to work, you can't always do that. you can empathize with that father. i cannot just as a mother, but as a former young girl who was herself bullied by a girl, i'll just say her first name, debbie, who was in fifth grade when i was first and smacked me across

the face repeatedly! >> reporter: look, my daughter comes home and someone was mean to her, it just makes you heartsick because you can't defend her. so you go to the schools. yeah, did he do the right thing? no. do you want to support parents who stand up against bullies? megyn: yeah. >> reporter: i think so. a little bit. megyn: yeah. you know, the one thing you can say is people, and there are so many. our viewers write in whenever we do a story like this, if you go through it and live to tell about it, at least, you know, it does develop some character. it does give you empathy toward victims and toward people who are ostracized and picked on in any way. as for the rest of your life. it's not all bad. it's something that parents and those who are victims can feel somewhat comforted by. trace, thank you. >> reporter: you bet. megyn: by the way, next month is anti-bullying month, and he says people who sent him donations for his legal defense, he wants them to donate to anti-bullying

groups. i'd love to get him on this show. we're going to work on that. we've found nationwide that at least 25% of public schools report bullying problems on a daily or weekly basis. middle schools are the worst. 44, nearly double the number of students, reporting confrontations with bullies. 32% of students between 12-18 years old admit they've been bullied at school at least once, and that's just the kids who are willing to say it. taking your e-mails at kelly@foxnews.com. well, we've got a fox news alert for you, live to capitol hill where the senate is minutes away from a key vote on the military's controversial don't ask, don't tell policy when it comes to gays openly serve anything the military. there are efforts to repeal that ban to allow gays to openly serve, and those efforts to repeal the policy could face a big hurdle today in the form of a threatened filibuster. shannon bream is live at the russell rotunda. shannon, how do the numbers

look? there are some folks who are trying to filibuster this, can that be stopped? >> reporter: here's where we are right now, megyn. they've got 59 votes, the democrats, but they would need 60 to fight back. harry reid is trying to get this bill to the floor now which contains the listening that would repeal -- language that repealed don't ask, don't tell. if he needed another republican to come along with him, it sounds like this morning he might have lost it on that point. senator susan collins out of maine, she actually agreed with him on the don't ask, don't tell issue, but she doesn't agree with the fact that he won't let any other amendments that he objects to to be debated. she went to the floor this morning saying she cannot be that 60th vote. here was her plea to her colleagues. >> i'm going to make one final plea to my colleagues to enter into a fair time agreement that will allow full and open debate,

full and open amendments to all the provisions of this bill including don't ask, don't tell. even though i will vote against the amendment to strike don't ask, don't tell. >> reporter: we are getting down to the wire if there's going to be any deal making done because this vote is now scheduled for 2:30 eastern time. megyn: senator john mccain made an impassioned speech this morning along with serious allegations. tell us about that. >> reporter: he did. he is accusing democrats of playing politics with this. in his estimation he says this is an appeal to certain voting constituencies. he said, let's wait for the pentagon's review. it's going to be done december 1st. he wants to wait for that. democrats say we put language in the bill to address that concern. there are two different sides here. here's how it played out this

morning. >> i think we owe them, i think we owe them the right to have their voices heard before we act legislatively motivated by the upcoming election. >> we say there will not be a change in policy unless and until there is a certification from the chairman of the joint chiefs. that there will be no negative impact on morale retention/recruitment. >> reporter: this is about funding our men and women in the military. they've got to reach some sort of a bipartisan compromise, but republicans say they won't cave on these controversial issues. good chance senator reid loses this one today. we'll know in about 20 minutes. megyn: did anybody ever bully you? >> listen, i was very dork key, very thick coke-bottle glasses, braces, the whole nine yards, so a little bit of that.

megyn: that's prime bullying material. >> reporter: yeah. i was a great target. megyn: you wound up showing them, lady. brilliant and incredible reporter but also miss virginia. a lot of people don't know that. >> reporter: oh, no. megyn: you had the last laugh. [laughter] >> reporter: thank you, megyn. megyn: i was thinking about saying debbie's last name, but the thing is i'm sort of giving her notoriety. why should i make that name a national name? she was in fifth grade, i was in first! she smacked me across the face repeatedly! i remember, over the back of the school bus, smack, smack, smack, and i was just crying saying, debbie, why, why? i ran home and told my mom, and my mom called her name, and that was the end of that. okay, i'm over that. christine o'donnell is trailing her democratic opponent by 15 points. it was 11 just a few days ago. pretty wide margin now. so why is that? why is that?

and why is one of the country's top political writers still saying don't count her out? michael reagan's next on the one race that has become the focal point of the midterm battle. plus, a dramatic chase and a more dramatic ending. oh. two police officers charged with brutally assaulting a suspect. did you hear what they said in the cop car as they chased him? well, one officer is now breaking an unwritten code. can he pin it all on his partner? in kelly's court. plus, a city councilman goes to a secluded cabin in the woods hoping for peace and quiet with his family. today, he's lucky to be alive. >> 911, what's the location of your emergency? >> big -- >> your husband's has been attacked by a bear? [ male announcer ] if you have type 2 diabetes,

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megyn: well, the primary bubbly is barely dry, but tea party critics already handing chris coons the senate seat from delaware. he's the democrat up against christine o'donnell. right now coons is holding a healthy 15-point lead. that is according to the latest fox news poll. but political analysts saying did you see what just happened in the primary? it is still way too early to count christine o'donnell out. is that just wishful thinking by some? michael reagan is chairman of the reagan group and also the man behind reagan.com. michael, thanks for being here. so, you know, is that wishful thinking? because they said she couldn't win the primary, and she did. she was polling 11 points behind coons, and now a week into it,

she's polling 15 points behind coons, and that's not the direction she wants this going. >> it's incumbent for those who showed up in the primaries to show up in the general election, and it's incumbent upon the republican party to get behind her. ronald reagan always took the side of that person who won the primary. and you might remember way back in the 1960s, was it, ronald reagan was polling about 8, 9, 10 points behind the governor of the state of california back then, pat brown. surged ahead and never looked back and, ultimately, became the president of the united states of america. it's a tough uphill battle, but it's incumbent on the party to coalesce behind her to support her in this. megyn: how much can the party do in the wake of, you know, this stuff is continuing to come out -- >> they can shut up! megyn: the witch -- well, they can't shut bill maher up, nobody can. and he seems to like chris o'donnell. every time i've heard him talk about her, he says she's a nice

gal, she came on, she was good for ratings. but he's got these tapes of her saying things like, you know, she might not like to the guy who knocks on the door, hitler, if she's hiding anne frank in the bedroom. and she dated -- she dabbled in witchcraft and said it was in high school. the point is, how much can the party do to convince independents not to pay any mind to any of that stuff? >> you know, the reality of it is, this is why the tea party exists. they're really tired of politics as usual where this kind of stuff happens. i remember, you know, when this whole thing was going on in california a few years ago with the governor of the state. my daughter ashley comes to me and says, dad, why don't you run for governor of the state of california? i said, ashley, because i don't want to come home at night and explain to you and the rest of the family i'm not the cruel, despicable things human being everybody says i am. you've said things in the past that show up, and maybe this is why good people no longer step in -- megyn: that's a very good point. it's almost like you can't run for political office now unless

you have an impeccable, unblemished past. i remember looking at chief justice john roberts of the supreme court and researching all his papers when he got nominated. he could do it. i don't think he's got one blemish on his record, but that's so unusual. most people have behaved like idiots, said stupid things. i don't know that they've dabbled in witchcraft, but is that the prism through which we should be viewing not just christine o'donnell, but all these politicians? >> yeah, it's interesting. we've made politics personal anymore. it's really about personal things. and when you make it personal, you get nothing accomplished. i mean, my dad knew this back in the 1960s. when you get into personal attacks, you'll never accomplish anything. that's why ronald reagan tried to find the good in everybody. that's why he was able to accomplish the things that he accomplished. and if i can go back to an earlier story real quick, megyn, i was teased and bullied when i was in first and second grade in a private school because i was adopted and i was teased as

being illegitimate. that still goes on today where i'm still attacked today for being illegitimate. it affects my whole family, and what happened to me when i was in first and second grade with that changed my life for the rest of my life. megyn: yeah. that's why you need teachers and parents and others to step in to the extent they can. it's a careful road to walk, but it's an important issue to protect kids. first grade, you don't know how to handle that. let me ask you this. there's this group, they call it a government watchdog group, other people say it's left-leaning so don't believe it's neutral. it's c.r.e.w. they filed, basically, a complaint calling christine o'donnell a crook and saying she embezzled campaign funds and evaded taxes, and they're asking the u.s. attorney's office to start an immediate criminal inquiry into her saying she is clearly a criminal and belongs in jail. now, i don't know whether that's true, any of that, but they have

filed complaints mostly against republicans, but some against democrats and independents. how does something like this factor in for christine o'donnell politically? >> everything like this factors, factors in. but, again, i go back to this is why the tea party exists, this is why they're out there. they're really tired of politics as usual. they're tires of the george soros is on one side. they're saying, wait a minute, this has got to stop. if christine o'donnell comes from, basically, the earth. she's a grassroots person. and what happens just like with ronald reagan, the hierarchy of the party, of both parties couldn't deal with somebody actually coming out of the grassroots of this country, and the grassroots are speaking again, and it's upsetting people. meg yeah. she, by the way, says those allegations are frivolous and that her campaign is apparently prepared to defend these in earnest. but it's an interesting narrative to watch unfolding with respect to this particular candidate. now 15 points behind, many

believe that is, that can be overcome. michael reagan, thank you, sir. >> thank you. megyn: well, folks, yesterday paris hilton left a los angeles courtroom probably thinking she got off relatively easy. today her thinking may have changed. up next, how an entire nation may have just sent a message to the hilton heiress. plus, we just heard the los angeles district attorney is threatening substantial jail time to those city officials in bell, california, with the outrageous salaries. we'll show you how that may work just ahead.

megyn: oh, my goodness. can you even imagine? fish and wildlife agents shot and killed that bear shortly after the attack. it is one of several recent black bear encounters in washington state. another woman had to shoot and kill a large black bear in her driveway. another bear was rounded up -- excuse me -- after rummaging through an elderly woman's garbage. i have to say -- i'm dying.

i hate this cold. cut my mic for a sec. no, one more. all right. we'll be right back. [ woman ] alright, so this tylenol 8 hour lasts 8 hours.

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even with just one sheet? bring it. super durable... super absorbent... super clean. bounty. the clean picker upper. and for huge value? try bounty huge roll. >> reporter: i'm trace gallagher live in the west coast newsroom. we have just had an amazing press conference given by the l.a. county district attorney steve cooley concerning the

corruption case in bell, california. he called it and i'm quoting here, a corruption case on steroids. there have now been eight arrests of city leaders, former city leaders led by city manager robert rizzo. he was collecting nearly $800,000 a year, on top of that an additional $653,000 a year on pension costs. robert rizzo was arrested without incident. the assistant city manager, the former one, was also arrested without incident. the mayor, the mayor of bell, california, oscar hernandez, they had to use a battering ram to break down his door and take him out of the house and arrest him. the district attorney just said there will be and again i'm quoting here, substantial jail time for those worst offenders. he says their prosecution rate in cases like this is 100%. he was asked, he was asked why

the police chief, randy adams, was not prosecuted or was not arrested. he said there simply was not enough evidence. remember, adams was making a lot more than the l.a. police chief even though he only has a handful of police officers working under him. the da said there was simply not enough evidence against adams. one of the reporters asked, is it because you know randy adams? the answer was, yes, i'm acquainted with him, but i would arrest my own mother if the evidence warranted that. steve cooley, the da, has now announced eight arrests including the city manager, the assistant city manager, the mayor of bell as well as five other city councilmen, three former and two current. and he says there will be significant jail time, megyn, for the worst offenders in this case. the information is growing, we've got it covered. back to you. megyn: those are big developments. trace gallagher.

this thing is going and here -- around here, and this cold, and i have to tell you despite the best efforts of the good people at halls with the lemon/honey combo, girlfriend's losing it. trace is going to have to remain on standby for the next 25 minutes because your humble correspondent may keel over out of the chair, and i don't know who's going to do the show. >> reporter: i'll do it. megyn: okay, good man. thanks, trace. have you had this? it's awful. thank you so much for the people who are e-mailing in with some alternatives to my said halls option. taking your e-mails, kelly@foxnews.com. well, folks, president obama or sarah palin? which one do you think shares your values? according to a new poll by rasmussen reports, sarah palin comes out ahead considerably. look at that. of the likely voters surveyed, 52% say palin's views are closer to their own while only 40% feel that way about obama.

scott rasmussen is the man behind rasmussen reports.com, and he's my guest now. scott, i'm so interested to see a 12-point difference. i mean, this time, i guess, a year and a half ago right after the presidential campaign, a lot of people were still thinking sarah palin was this cookie politician -- kooky politician who got plucked out of nowhere, now 52% of the likely voters in the country say they share her views. >> first of all, remember it's likely voters, this is a base that is a little more republican than the general public. also, this is asking about the views of sarah palin, not necessarily do you want her to be your next president. we find in lots of polling that republicans think sarah palin reflects their views far better than congressional leader, far better than the republican establishment, but still she's not the top pick for most republicans to be the party's next presidential nominee. megyn: what does it tell you, i mean, that swing? does that say more about palin or obama? >> probably more about president obama.

his numbers are struggling across the board, and we see it, the same impact being felt in state election races. but, you know, we're talking about a woman who nobody knew about a couple of years ago before john mccain named her to be on his ticket. and right now 48% of voters in the country have a favorable opinion of her, 49% unfavorable. everybody knows what they think about sarah palin whether they love her or they hate her. and the other thing robert gibbs mentioned that he thought she was the most formidable force in republican politics these days. only 22% of voters nationwide agree with that. megyn: you know, we're hearing more about how president obama's going to talk about his personal history more when he deals with the economy and sort of try to personalize himself more, to try to connect more with the voters. you know, we're more than a year and a half into his presidency. if he hasn't connected now, scott, many question how will he. because that number that only 40% of the country feels that he thinks like they do that, you know, he shares their views,

that's the kind of thing that really does come to bite at the ballot box, does it not? does that not translate into votes or the lack thereof? >> it certainly does. and, you know, part of it is personality, part of it is policy. most americans believe that the way to help the economy is to cut spending and taxes. barack obama's proposals have been in the opposite direction. this is not a question of right or wrong, but it's a question of what do the american people believe. the president will never connect with a majority of americans on economic issues as long as he is looking to expand the government's role as the answer. megyn: before i let you go i want to ask you because you also did some polling about the alaska senate race, and this is the one in which the tea party candidate joe miller defeated party favorite lisa murkowski. and now she says she's running as a write-in, as an independent candidate, and everybody believed, you know, she was going to drop out, but she's not. what are your numbers showing for joe miller in alaska? >> joe miller has a double-digit

lead. he's at 42% in the poll. the democratic candidate, mcadam and murkowski, both picking up about a quarter of the vote. miller is overwhelmingly winning the republican vote, mcadams is winning the democratic vote, and among those unaffiliated voters, a big chunk of the alaska electorate, the three are splitting the vote evenly. megyn: what are you showing in delaware between chris coons, the democrat, and christine o'donnell, the republican? >> chris coons is up by 11 points. this is a race that a lot of people are talking about, but it's really not one of the most competitive races in the country right now. there's a lot more competition in places like west virginia and wisconsin than there is in delaware. megyn: how do you rate that race? is it a toss up? what is it? >> in delaware we're saying right now that race is solidly in the democratic column. megyn: okay. we'll see whether you are right as we approach november 2nd. >> hope you're feeling better. megyn: thank you, sir.

well, they were accused of brutally attacking a suspect after a high-speed chase through the streets of dallas. two police officers -- actually three -- are facing criminal charges for this beatdown caught on tape, but now one officer says he did nothing wrong. that's next in kelly's court, and you can go to foxnews.com/america live, click our on the docket section and read up on the case during the break. the gavel drops next. ancial heas can be unsettling. but what if therwere a different sry? of one financial company that grew stronger through the crisis. when me lost their way, this company led the way. by protecting clies and turning uncertainty into confidence. what if that story were true? it is. ♪

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that, you know... helps regulate your digestive system. ooh, i think i'll pass. no, no, no! trust me. it is beyond tasty. mmm! wow! i can't believe it, i love it! mmm, this is really good! new best tasting activia ever! ♪ activia now you can join the fight against breast cancer every time you enjoy an activia. give hope with every cup of activia. megyn: well, kelly's court is back in session. on the docket today, hitting rewind on da cam video that could cost a couple of cops their cuffs. police chasing a sport bike through dallas. watch this. a daring driver playing some cat and mouse with a speeding squad car. this guy had been driving on the sidewalk, this is why they began chasing. suspect finally vunders, and one officer shows him the business end of a baton. this guy here. now seconds later, the partner's in the mix. not the guy with the baton, but

another man. both men in blue are now facing assault charges, and this comment from the chase which is from the guy who has the baton is not helping the police officers' case. >> [bleep] megyn: well, now the officer who was behind the wheel who didn't have the baton says that he did nothing wrong, nothing. he claims his partner made that comment, his partner was the one swinging for the fences and that he did everything by the book. but can that hold water? is let's ask our panel, criminal defense attorney joey jackson and former president, john that. this case is getting a lot of attention. first there was a question about whether there was a racial element. everyone involved says, in fact, there isn't because the cops are white and the victim is black, but it's not the race of the defendant, of the victim that they're talking about in the car, it's just let's just get him because they're so ticked off. now this one cop is saying, not

me, it was my partner. all i did was throw a couple of punches. he's the one with the baton over and over. and he says the guy was resisting arrest. does he have a point? >> trying to separate these cops' actions from each other is trying to separate the peanut butter from the jelly after you've made the sandwich. clearly, bauer -- the cop that wants to distance himself -- came up on the victim after he was getting pummeled by his partner. at no point did he try to stop his fellow cop or stop this chase. how can he now want to be treated separately from him? he can't. it's a bogus argument. megyn: paul bauer is the one who's trying to defend hymn, officer kevin randolph is the one with the baton. randolph has been fired because he was on probation. and the police chief is coming down on both of these cops hard, joey. might this officer bauer have a point, though, that he is being unfairly looped in with the now-fired randolph?

>> megyn, he has a great point. and, you know, i love the peanut butter and jelly analogy -- >> thank you. >> you're welcome. only this one is like oil and vinegar, and here's why. at the outset, first of all, in the pursuit of the chase there's no malicious statements being made by paul bauer here, it's his partner who was persistent and says words i can't say on tv. and then when you see, megyn, when he gets out of the car, all bauer is attempting to do is secure compliance. and they are trained where you use proportionate force, you gain compliance, and then you stop. you don't see him giving him a beatdown. in fact, you see initially, megyn, that he's grabbing, trying, trying, trying, flailing, and then ultimately he issues blows, cuffs him and it's over. i think bauer's case should be viewed in isolation, and i think at the end of the day it will be, and he'll be fine. megyn: he says, look, i was yelling at him to place his arms behind his back, but he didn't comply until i started using

force, the force the training academy taught us to use. they teach us to give a couple of blows with our fists and a kick to get them to comply. jonna, might that hold water if he hadn't run upon this victim as he was being pummeled by his partner with a nightclub? >> yes. if the circumstances were different and the victim wasn't already being pummeled by the cop who said he was going to do exactly that before he jumped out of the car, then bauer has a decent argument. we see what we see on the video, so given the fact that bauer did nothing to try to stop his partner from using what clearly appears to be excessive force -- >> here's the problem -- megyn: what's the problem? bauer's defense makes sense to me until i remember, look at old randolph here beating the living daylights out of the suspect. >> what happens at that point, megyn, you don't know what collins is going to do. at that point you're not trying to get your partner off of him, you're trying to make sure that collins is in a submissive

position, that he is cuffed appropriately -- megyn: okay, fair enough, but you know if you're officer bauer you've got a hot head on your hands next to you in the squad car saying, i'm going to kick the living you know what out of him. bauer, the guy who's trying to exonerate himself. sure enough, the partner, randolph, gets out of the car and starts kicking the living -- it's not your normal circumstance where bauer should say, you know, i don't know what's going on. he knows he's got a hot-headed loose cannon next to him, and he's watching him unload. >> that's a wonderful point, but you want to make sure even though your partner's a hothead that he gets home at night. you don't know what collins has by way of weapon, so as a result you quell the threat, make sure everything's okay, then you tell your partner -- >> joey, collins got off his bike when he realized the jig was up and he was going to get snagged. he attempted to get down on the ground and even still randolph came -- >> and how many times do you see

when people literally get off the bike or something else, then they can start shooting, then they can take out a knife, then they can take out other weapons -- megyn: the other thing and i don't know whether they knew this when they were chasing him, but this guy, collins, the so-called victim, has an extensive record, convictions on drugs, drunk driving charges. >> nice guy. megyn: if the cops know this as they're approaching him, it does change their reaction. >> everybody in this scenario was wrong from the criminal to the cops, everybody. but when you just look at what happened on tape, it seems the beating was unnecessary. megyn: and the problem for the police department is that 22 cops showed up, and one of them moved the dash cam. walked over to the car, started whistling, no i'm not, bam! you couldn't get the rest of it on tape. nonetheless -- >> if the guy didn't take off, would we be talking about this? if he'd listened in the first place -- megyn: this guy, collins, he's

no prince. what is his name? i said the officer's first name, something collins. andrew collins. they were just trying to pull him over for driving on the sidewalk. not senator, andrew. -- smart, andrew. anyway, the resisting arrest charges have been dropped. these guys are being investigated by the fbi for a civil rights investigation, and on it goes. all right, joey and jonna, thank you so much. this cop did the wrong thing, he beat this man as he was begging for mercy. as he saw his partner pummeling him. the victim is, of course, a career criminal, but that is no excuse. these officers disgraced themselves and their fellow officers, and they should be held to account. well, troubled actress lindsay lohan doing an about face deciding not to cry over spilled milk and dropping her megalawsuit after a controversial super-bold tv spot got her all fired up. wait until you hear how this one turned out. remember she sued e-trade claiming that baby in the

commercial was based on her? got a verdict for you there. plus, securing our force is serious business, and the l.a. county sheriff's department got some new high-tech tools to handle that job. we'll update you. interesting grooming.

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megyn: well, it's case dismissed in a kelly's court verdict. lindsay lohan dropping her lawsuit against e-trade. remember this commercial made famous during the super bowl? >> taken care of, wolf style. ow! >> and that milkaholic lindsay wasn't over? >> lindsay? >> what? >> lohan claimed that spot was about her insisting she's famous

enough to be known by only one name like bono and cher and geraldo, and she sued. the question is, did she get a paycheck from e-trade in exchange for dropping the lawsuit? the answer is, we have no idea. in gonna have to leave it at that. well, police now on high alert with a new high-tech anti-terror weapon at one of the nation's busiest ports. police are now keeping a vigilant eye out for weapons of mass destruction by land, sea and air using a new kind of ship. adam houseley is live from the port of los angeles in long beach, california. hey, adam. >> reporter: hey, megyn. yeah, we're onboard that ship right now, 55 feet. it's absolutely imperative for this port. if you take a cruise ship out of los angeles, 40% of items exported or imported come through here on big boats like these, and that's why if this port were to be shut down, it

could cost the u.s. taxpayers $1 billion a day. on the water, in the air and on four legs. a combination of federal, state and local law enforcement deploys the most advanced detection team in the world. >> whatever you're comfortable with. >> reporter: to protect the l.a./long beach port complex against a possible terrorist attack. >> this particular patrol boat is outfitted to help us detect nuclear weapons, raid logical dispersal weapons at sea and also has a chemical warfare agent detector on the boat as well. >> the $3 be 00 -- $300 million boat and johnny ringo, the chemical-sniffing dog, are all first of their kind anywhere protecting a complex that's been i.d.'d as a terror topic with 40% of all exports passing through here. >> so so much of the u.s. econoy runs through here we know we're not just protecting the port, we're helping out with the entire country.

>> reporter: megyn, from high-tech to low-tech, they are number one in the world combining federal, state and local authorities on this extremely important task. megyn? megyn: all right, adam houseley, thank you. well, they raked in sky-high salaries at taxpayers' expense, and the scandal sparked outrage all across the country. now officials in bell, california, including the mayor are under arrest. the fallout from the corruption crackdown. plus, could more charges be on the way? stay tuned. @=h

>> what happens in las vegas does not stay in las vegas if you are paris hilton. she is having travel troubles. japanese police are now deciding whether to allow her into their country as she pleaded guilty to possessing cocaine. she is supposed to be there to promote her fashion life and will appear a news conference tomorrow but that has been canceled. poor paris. thank