jon: we told you earlier about boeing having a big fire on one of its big test planes. never good. jenna: never good. jon: we'll try to have it for you tomorrow. jenna: thanks for joining us everybody. jon: "america live" starts right now. megyn: fox news alert. we are following new developments in the mail bomb terror plot. british police say forensic evidence shows that one of those mail bombs loaded onto a plane could have exploded over the eastern united states. welcome to "america live" on a wednesday, i'm megyn kelly. they say the bomb was on board the ups cargo plane headed for chicago disguised as an ink cartridge and packed with more than enough explosives to puncture a massive hole in the

plane. the bomb was removed from the plane. authorities on both sides of the atlantic say they only narrowly foiled the plot. imagine if that blue up over the sigh over a packed eastern city. it could have been k-g akin to the plane coming down in lockerbie, scotland. we hope to have a live update from washington shortly on that. another fox news alert. massive student protests in london as you have been seeing this morning turning violent now in the last hour. at least eight people, as you can see from our feed from sky news here on the left, including british police officers have now been hospitalized. this is tens of thousands of students that are marching through the capitol. they are protesting government plans to sharply increase university tuition fees. it is part of a plan to cut billions in public spending to face record budget deficits. the government said it has to do

something. a crowd of hundreds branching off from the march and storming the conservative party headquarters, some smashing windows and lighting bonfires. a fall group of demonstrators actually broke into the building, even climbing up to the roof and throwing objects down on the police below. now riot officers in neon vests are struggling to contain this crowd. we will bring you updates on that as we get them again from our sister network sky. and then there is this exclusive new video just into our newsroom adding to the missile mystery off the coast of california. this stafrted -- started late monday night. we broke it here yesterday. this video of what appears to be a trail of vapor streaking across the night sky. it has been widely reported as a missile launch and the pentagon has yet to shoot that down, pardon the p u.n. a trail from a jet, perhaps even an obstacle allusion.

these are the theories being bounced around right now. from the pacific coast to the pentagon no one can confirm what exactly this thing is. a short time ago we got this tape here, a very similar event just eleven months ago on new year's eve 2009. it was caught on video in orange county and no one can yet explain what happened in that incident either. trace gallagher picks this up for us from our west coast newsroom. >> reporter: you talk about great context and perspective that exclusive video you just showed was taken by a 17-year-old named blaine regor. it was taken on a beach in orange county. the video he took eleven months remains unexplained. i want to put them side-by-side, the video taken from the traffic helicopter two nights ago along with the video taken by blaine. you see kcbs on the left and rigor's on the right. those still unexplained. a lot of experts have weighed in

saying they believe both of these are contrails from a jet airplane. now i want to show you this, from a military test off the coast of kaui. the one on the right is a ballistic missile fired by the u.s. military off the coast of hawaii. those two, you can see why so many people thought what happened off the coast of california a couple nights ago and what might have happened eleven months ago was in fact a missile test. experts are knocking that down. for the sake of argument let's just say okay that it was a contrail from a jet airline. in southern california it is dotted with military basis, some -- bases, some of the best military radar in the world. the radar detection, the radar marking base is the best in the world at monitoring radar. we are talking about eleven radar stations. it handles 62 airports, 17,000

square miles, and it gets new readings every 4 1/2 seconds. the faa says the transresponders on the plane also talk to the radar, which means they know exactly what is flying. if they know the time, which they do, they know the approximate area of where that mystery shot was two nights ago, why don't they just give us the flight number of the plane? they have not done that. the department of defense doesn't know, the faa doesn't know. we talked to the faa just moments ago, they are telling us it's because they have an approximate area near catalina island, they don't have a specific area, and because of that there are so many flights over the skies of southern california it would be impossible to pinpoint exactly what that flight is, megyn. that's what they are telling us. megyn: all right, tg thank you. the navy said it did not launch any missiles that night. the department of defense assuring the american people

there is no foreign threat. so with all of the advanced military technology available why is this mystery still unsolved more than 48 hours after it was first reported? we'll be joined by former navy captain chuck nash later in the show. wait until you hear what his theory is. fox news election alert for you now, the soon to be foamer speaker of the house and the man likely to replace her both getting attention in washington this afternoon. republican john boehner just met with reporters a short time ago to talk about plans, should he take over from nancy pelosi. meantime pelosi is planning a big event in the next two hours to celebrate the achievements of congress over the past two years. james rosen covering it all live from d.c. >> reporter: for the next house speaker there will be no military jets forking -- ferrying back and forth to his house. nothing like the jets used for

security reasons by nancy pelosi and her family to travel back and forth to california at an estimated taxpayer expense of $28,210 per flight. >> i have talked to our security folks about the security that is involved in my new role. but over the last 20 years i have flown back and forth to my district on the commercial aircraft, and i'm going to continue to do that. >> reporter: for her part speaker pelosi spoke this morning at a ground-breaking for the american veteran's disabled for life memorial here in washington. she spoke of the numerous veterans in her own family. earlier today she published a strongly worded defense of the work that she and her democratic colleagues did over the last two years in congress, striking a defiant tone after voters evicted her and her party from majority control in the house. congressional experts have called the 111th congress the most productive congress in a half century she writes.

our democratic members took tough votes to support american families, putting the american people before politics and thinking of the next generation, not the next election. president obama and this congress were job creators from day one, pelosi added, but much more needs to be done and democrats she says will strive to work with the new republican majority. one of first issues to test the two leaders' ability to work with each other the bush-era tax cuts set to expire at year's end. asked if he sees compromise on that issue john boehner held firm saying he wanted tax breaks for all classes of people not just some. megyn: election workers are about to start pouring over 92,000 write in ballots in alaska, trying to determine still who won the alaska senate race. tea party favorite joe miller's team he got the republican nomination has now filed a lawsuit challenging the count, arguing that misspellings should not count. right now miller is trailing,

quote, write-in candidate pretty significantly. we assume the write-in candidate was lisa murkowski. we don't know for sure. it is unclear how many write-ins will go to lisa murkowski now. he is mounting this legal challenge saying you have to get the spelling exactly right. she was handing out bracelets with lisa murkowski spelled on them. this thing is not over. we'll have a live report from alaska a bit later in the show. new questions in washington today about what appears to be sharp increases in the pay rates for some federal workers. a look at pay rates shows the number of public sector employees earning $150,000 a year or more has doubled since president obama took office. and now some fiscally conservative lawmakers are taking notice. fox business network brian is here. we are getting news on what the president's deficit commission is recommending.

we'll get to that in one minute. i want to start with this. over $150,000 for these federal workers and it's gone up significantly since the time president obama took office. >> it's gone up, megyn more than ten times. in 20057400 workers in the federal government made over 150,000, it is now more than 82,000 federal workers. not all that under obama but as you noted it has doubled since he took office. here is the big one, 805 workers made more than $180,000 a year in 2005. it is now 17,000. 800 tho 17,000 federal government workers who, by the way, retire earlier than you and i. megyn: then they complete a nice retirement payment, i guess a nice pension plan. >> and generally no healthcare benefit costs. maybe a tiny co-pay, probably lifetime dental. megyn: explain to me why this is problematic. as a daughter of a woman who worked for the veteran's hospital for years, as a nurse,

okay my mom should get paid well, she is a federal employee, she worksrd hard, why should i be against federal employees making more money. >> it is not in line with the rest of the americans suffering with regards to pay. in the last ten years salaries have gone up 25%. most americans if not getting raises are probably happy at this point to have a problem. megyn: it's december pa rat compared -- disparate compared to the rest of the workforce. >> i have no problem paying people for the job they do, but in this economy, and you mentioned the deficit commission, we have to be smart about taxpayer money. megyn: mom retired when she hit 65. >> good for her. megyn: yes she did. and then she went back because the economy the say it is she needed to keep earning money. deficit commission, according to reports, you remember this deficit commission that's been looking at what we're going to do to control our deficit and debt, we are getting a

preliminary report of what they are going to say in part. you've got to freeze federal salaries that's appropriate based on what wee-wee were talking about. >> the president wants to give them another raise. megyn: apparently the debt commission doesn't think he should. they want to raise the retirement age from 68 to 65. we just saw the french taking to the streets to protest a raise from 60 to 62. now the debt commission is going to suggest raiding it to 68. megyn: >> that's for full social security benefits. what about government workers. no knocking your mom, my dad was in the navy for nine years. many people in the federal governments, state governments can retire with benefits in their mid 50s. now they want to raise the maximum social security pay to 68, raise everybody's retirement age to 68. do it for the government workers and for the private sector. megyn: there is another thing. they want to reduce the base rate of corporate taxes and phase in federal spending cuts over time. they also recommend, will cut u.s. foreign aid by 4 hoeupb

6 billion. want -- 4.6 billion. the one thing i don't see in here is hiking taxes. >> we have the second highest corporate tax rate in the developed world behind japan. japan is at 40%, we are at 35%. we see how well it's gone for japan. note my sarcasm on that one. if you cut the corporate tax rate you might add some jobs here but how do you make up the gap? we hope you make up the gap by hiring more workers who then contribute to the income tax rolls. i admire the commission for coming out with that, because that is not something that we have necessarily heard from democratic leadership. megyn: we talk about ireland which has got one of the lowest corporate tax rates in the world. they get tax lessed if they set up in ireland. we'll see where this goes and more on the commission report as we get it. this is just the first leak. brian sullivan thank you. new details coming in right now on the riots in london. plus mere information on the timers that were on the mail

bombs from the terror plot a couple weeks back. both stories moments away. if you can believe more bad news coming in for the 4500 people stuck aboard this cruise sheufplt it has little power no -- ship. it has little power, no ac, broken toilets. little food and yes they are bringing in the spam. >> it's my understanding that all the passengers are safe and as comfortable as they can be. i understand that they are not -- call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. until the combination of three good probiotics in phillips' colon health defended against the bad gas, diarrhea and constipation. ...and? it helped balance her lon. oh, now that's t best part. i love your work. [ female announcer ] phillips' colon health.

megyn: fox news alert, new information coming in right now on our top story concerning the mail bomb terror plot. british police say a short while ago those bomb bombs could have exploded over the eastern united states. in other words a short time ago they said that those bombs could have exploded here over the u.s. they were loaded onto cargo planes disguised as an ink cartridge and packed with more than enough explosives to punch a massive hole in the side of an aircraft. we just learned that the timer was set about seven hours after

the cargo aircraft left for the u.s. that would likely have put it over the eastern seaboard if this thing had gone according to plan. we're talking now with homeland security sources about this. we hope to have a live update from washington on this very shortly. another fox news alert, just breaking in washington, leaders of president barack obama's deficit commission releasing proposals for cutting the deficit. we are getting preliminary leaks on what this commission is proposing we do. the preliminary leaks include proposals to one, reduce the annual cost of living increases in social security payments. two, put tough new limits on the growth of medicare. i'm not sure what that means. three, they are calling to eliminate popular tax breaks, such as your mortgage interest desuction, that is in addition

to the things i mentioned with brian sullivan. monica crowley is a radio talk show host and fox news contributor. she joins me now. monica getting rid of the mortgage interest deduction not going to be politically popular. >> it's not going to be popular given this recession and given the fact that the economic growth yearee seeing is veryee tphaoepl i can. it -- enemic. it started in the housing sector and continues in the housing sector. to tell the american people we'd like the housing sector healed but we are going to get rid of the mortgage tax break. megyn: here in new york city everybody rents, not that people own, one of the main incentives to buy instead of rent is you get to deduct the interest. >> exactly i hone my apartment in new york sit city and i get to deduct my interest in my mortgage. it's a huge incentive. it puts more money back into your own pocket so you can turn around and spend it in the

economy. given the fact that the housing sector is so incredibly shakey. megyn: it won't help. >> right. bee we are talking about inflation in other parts of the economy but we are still experiencing detphraeugs in the housing sector. you're not going to get it going. megyn: what about getting rid of the annual cost of living increases in social security. my 95-year-old nanna gets social security, now she doesn't get an increase. this is not going to be popular and the seniors will take a hit. >> i think they are talking about reducing it. megyn: it's already pennies. >> think about the last few years, megyn, last year and this year no seniors got any cola. they got no cost of living increase. they think about going forward as the economy improves they'll reduce the payments there. also talking about curbing the growth of medicare. megyn: what does that mean? >> i don't know. this is very, very short on specifics and this literally just broke as we going here on

the air. what it seems to me is that what this deficit commission is doing is putting things up the flagpole and seeing what is going to fly and what might not fly. we are going to experience pain all across the board. these budget deficits are completely out of control. $3.8 billion annual budget. megyn: in my case i was complaining for my mom, my nanna, i was complaining for me. >> the bottom line is we have to do something, it will require everyone to take a hit and the commission realizes and they are trying to make the tough calls. the question is whether the congress will ever pass any of this. >> number one to get through the deficit commission, they need 14 of the 18 members to agree on a recommendation in order to present it to the president and congress and american people. so -- megyn: they don't have that. >> getting 14 on board. they might not. megyn: the preliminary report says, as proposed right now it doesn't look like this plan can win support from 14 of the

commission's 18 members which would force a debate in congress. so maybe it is a trial balloon to try to gets discussions started. >> i think so. look, all of these things will be very controversial, and to their credit they are dealing with very sacred cows and very huge entitlements that are monsters in every annual budget. social security, medicare, medicaid, those are the top three. megyn: raising the retirement age. >> they are talking about that. look, megyn right before i came on the set with you, you were reporting about these massive demonstrations in europe in the u.k., students very upset about tuition hikes. we've seen all of this across the board in the western european social lis democracy. france, italy. megyn: when they raised the retirement age from 60 to 62. >> what we're trying to do is stave that off, we are trying to take proactive actions now. the american people need to understand there is going to be pain involved and it's going to be across the board. megyn: what about a means test when it comes to social security. they talk more and more about that, rand paul suggested it just the other day saying, you know, yes, you get your social

security but not if you don't need it. if you're pulling in a couple million bucks a year, when you retire at 65, or 68, why do you need the social security? the response is i paid it and i want it paid back to me. >> and it's my money and i'd like to have it paid back and i understand that totally. that may be one of the areas where both parties can come together. there's been a lot of talk since last tuesday's election about common ground. there are a lot of areas where you're not going to have common ground, but perhaps raising the retirement age on social security from 65 to 68, maybe means testing. maybe those are areas where we can actually come together to start range in this budget deficit and cutting spending. megyn: i've got to ask you before i let you go. we are now t-miness two hours to the big celebration on capitol hill hosted by nancy pelosi to celebrate the accomplishments of the 111th congress. >> you weren't invited, neither was i. megyn: we are not democrats who achieved those items, what do you say to that. >> i say a lot of the democrats who made the achievements don't

want to be there today. the nile isn't just a river in egypt it's apparently live and well on capitol hill. i don't think president obama is in denial. speaker john boehner said that last week that he thinks perhaps president obama is in denial. i think he gets the message that the voters sent him last week, i i think he rejects it. across the street i think nancy pelosi is in absolute utter denial about the voters wholesale rejection of the big government big spending agenda. we saw republican gains in governor's races only the third of the governors were up two weeks ago. we saw democrats retain control of the senate but only a third of the senate was up two weeks ago. the only nation-wide contest that we saw was the house of representatives. and in that contest democrats got wiped out in historic terms. megyn: one thing we learned today is you will will not be paying for the victory party. it will not be taxpayer funds.

and no press will be allowed. monica crowley thank you. fox news alert check out these live pictures now. tens of thousands now is the number that we're putting on it. do we have the video in i guess they don't want to see me, they want to see the pictures. they've been protesting in the streets of london. now more arrests. look at the situation over there. more arrests have been made in these violent demonstrations outside of the conservative party headquarters. sky reporter michelle swiford is live on the scene outside the millbank tower in london with more. michelle. >> reporter: as you're saying megyn the riot police still surrounding the conservative party headquarters here in london. still a few hundred left in there, the more aggressive protest teres on this campaign today. as you were saying there were tens of thousands of students who have come out to protest about cuts in education here and a rise in tuition fees. a small number of them actually targeted that building, because

it is the conservative headquarters. they attacked the building, vandalized the building. they set off fires. some of them got on the rooftop and through down missiles. they threw a fire extinguisher at fire officials. it's been frustrating for a lot of protestors who came here to campaign legitimately and peacefully. they feel that their message has been hijacked by a few. and certainly inevitably it was the case that the media focus, a lot of it was on this area today. the police are here now in significant numbers, but i was here right at the start around six hours ago when a handful of students initially went into the building, followed by a few more, i would say about 150 at the start, got into the foyer of that building. we were all pretty surprised they managed to penetrate it so quickly, given that this is a conservative party headquarters

up this direction not too far is the houses of parliament. over there you've got mi5. you think it would be the kind of place that was going to have a high security presence. they could get in there easily. i think that shocked a lot of people. now, though the police have the situation under control, but it doesn't look like it's going to be over for quite a while. megyn: michelle what is the status of the folks who are inside the conservative party headquarters? >> reporter: there are people outside in a little area outside, many of them just sitting down in protest still. we understand there are still people inside the building. there is a lot of questions about who they are. did they come store to protest the tactics. some people have called hem anarchists or extremists but not representing the voice of the main body of students here. we don't know for sure, but certainly the aggressive tactics

are not supported, certainly from my talking to the students here, and not supported by the vast majority of students who feel that they came to make a legitimate protest about these cuts, about tuition fees going up, the same kind of thing that is going on in american where -- america where there is a real clinch on the public purse. they came to to make their voices heard and they believe the actions of the minority have erased the over all message. megyn: thank you, michelle. we'll go back as the news warrants. it's an interesting point she raises. we have not seen protests like that in the united states, we have not seen those sort of austerity measures either. we have seen them implemented in other countries like greece and tpr-pbs and we've seen protestors take to the streets, sparking a debate about whether it could happen here. it all ties in, now we are getting the first leaks about what this deficit commission is suggesting and it includes raising the retirement age, if you will, the age at which you

could collect social security from 65 to 68, eliminating the cost of living increases associated with social security, and so on. we just went through it with monica and brian, and, you know, so far nice and peaceful if here in the united states, let's hope it stays that way. more on european london as we get it in the meantime back to this situation. what an incredible thing. we've got breaking news on this mystery missile essentially. the pentagon says right now, keep in mind they've been not really telling us what it is. now the pentagon says it's satisfied that it's most likely an airplane. it's most likely and i airplane. the question no one has answered, what airplane is it, then? there is a massive faa tracking station not far from right here, why can't they tell us what plane it is if in fact it is an airplane. former navy captain chuck nash will weigh in on this just ahead. stay with us.

megyn: an ugly scene getting worse off the west coast right now. nearly 4500 passengers and crew stranded on a crippled cruise ship for three days. in the last half hour we heard one ever the tugboats pulling this thing to shore just had to leave. the situation now so desperate they needed to call in a u.s. navy aircraft carrier to help. now instead of dining in luxury they are living on spam, i kid you not, until the tugboats can

get them to shore. anita vogel live in los angeles. say it ain't so. >> reporter: it is so, megyn, no gourmet seafood buffets for these passengers, they are living off of spam and pop tarts aboard the carnival splendor. i guess it's anything but sphrepbed for more than 4,000 passengers who thought they were headed for a cruise on the mexican rev viera. a fire broke out in the engine room on monday and knocked out power to the ship. the passengers have been without hot water, food and air-conditioning. it sits 125 miles off the coast of san diego. a single mexican tugboat as you mentioned is towing it in every so slowly. the uss ronald reagan has been diverted to bring in thousands of pounds of food and supplies via navy see hawk helicopters. they say carnival was prepared for this very suspicion. >> the ship is ready for these kind of -- they practice these sort of drills.

they had the blankets, the chairs, the lounge chairs for lack of a better term that they need to protect the passengers in this kind of an incident. they've got an aircraft carrier and a 378 standing by as well. >> reporter: now the carnival cruise line put out this statement saying, quote, we sincerely apologize to our guests for this unfortunate situation and offer our thanks for their patience and cooperation during this challenging time. guests will also be getting a full refund and a full future cruise, also free transportation home. we are told the cell phones are working again. that's nice. most importantly most of the toilets on board have been working most of the time. megyn, you mentioned at the top there were two mexican tugboats that were sent out to tow the ship in, one of them lost power. one tugboat towing this ship in 4 1/2 miles an hour.

that will be arrival time of late thursday. megyn: i'm asking you to forecast for us the two lines, pop tarts and spam, which one is longer? >> reporter: oh, gosh, i'm going for the pop tarts. megyn: hello with the little frosting and the sprinkles on it: i'm sorry to the makers of spam, i'm just speaking the truth. all right anita, thank you. well have very pointed questions today about a recent department of justice announcement concerning governor chris christie of new jersey. an inspector general's investigation, that's the guy that does the internal investigations at the doj now singling out five u.s. attorney generals, i'm sorry, five u.s. attorneys, former u.s. attorneys for breaking federal travel regulations. one of those in question, new jersey's now governor chris christie who used to be a u.s. attorney in new jersey. he got a lot of attention for this back when he was running for governor, and it all amounted to $2,100 in

questionable expense account items. 2100 bucks. why is this being raised now? jason louis is the host of the jason louis show and author of power divided is power checked. and mark sawyer is a professor at ucla. what i find interesting, jason is even the associated press is raising the question about whether this is some sort of a political hit job on chris christie for the department of justice to be singling him out. they mentioned four other u.s. attorneys, however who they accused them of basically staying at nicer hotels than the federal budget allowed back when he was a u.s. attorney and you say what? >> right, well this is much to do about nothing. as you say the amount of money involved is $2,176. this administration spends that in about a nano second. so i'm not quite certain what this is about. it was thoroughly vetted during the campaign. it's probably about the empire striking back, megyn.

governor cristie has been very courageous in going after education spending in new jersey, state pensions, education projects and they do the like it. if you recall the bush administration trying to get u.s. attorneys to prosecute voter fraud and when they wouldn't they wanted to fire five or six of them and that was horrible, layoff the independents of the attorneys and now you've got the ig in a rather odd timing going after $2,100. megyn: the inspector general, i mean he didn't look just as cristie, he looked at four others, but it's particularly harsh on cristie and cristie's people have come out and said we dealt with all this back during the campaign and we said the reason we stayed at the nicer hotels it was only in instances when we couldn't get the cheaper hotels. why is anybody even talking about this, why is it to the point where the associated press is -- why is the associated

press talking about when. >> the reason it came out is it's symbolic. cristie is cutting the salaries of hard-working people in new jersey, teachers, fire people, police people, when he has access to tax dollars and goes out he lives it up in top hotels. it's really symbolic of the republicans are always for the fat cats. megyn: i may be symbolic, jay's and it may be a point that his opponent if he runs for president gets to raise against him, why did you stay at the for seasons when you could have stayed at the holiday inn when you were on the taxpayer dollar. he's been governor for a while. his name keeps getting mentioned about a possible 2012 presidential contender and there's a question about if that's why he's being targeted. >> reporter: it was author 0 owe lee vetted during the campaign. let's take a look at he will why the spitzer's expenditures.

whoops already went down that road. if you go in with the ig and look at all of these u.s. attorneys you will find sometimes they stay in hotels because the government rate isn't available just as chris christie says. chris christie hasn't asked for his salary to be boosted as governor of new jersey. he's taken cuts throughout the executive branch and the out of control state spending. you have a new jersey teacher who can devote $62,000 to their health and retirement plan and end up collect handgun 1.6 million. what this is is the empire striking back. they are going after chris christie because he's truly trying to get handle on state spending. megyn: it looks like he's becoming a threat to some as a potential gop candidate. we saw an admitted left wing guy, mark lamont hill go after him on one of our fox affiliates in philadelphia just this week saying basically he's too heavy to be president. here is the sound byte.

>> the first thing people do say before they run they say they are not going to do. obama said i'm not going to run, i'm not going to run. he can't win, let's be honest. >> what do you mean he can't win. >> i'm going to say this. he's fat. >> no, i know what you're saying. >> is he really fat? >> he's fat for a politician. he does not have the body type to win in this election. i mean there are other issues and stuff. look at that, nobody -- >> people don't -- do people still vote on appearance. >> yes. megyn: mark, your thoughts. >> reporter: mark is a good friend and i love him. people are not going to not vote for cristie because he's fat. they are not going to vote for him because he's a job killer. he killed jobs by ending the transportation project. he's killing jobs of people that we need, we need teachers, we need fire, people next door that are good middle class people. he is cutting them down and he's going to give the money to the

richest people in new jersey and they are going to buy another yacht with it. >> he got elected because new jersey was an economic basket case to begin with, there was high unemployment and a budget deficit being driven by the lucrative state pension plans. >> reporter: and he's going to drive it up even liar. megyn: chris christie came out when he was criticized by john cornyn whom he beat, he ran that question and he says he's throwing his wait around and it showed him getting out of the car. he says i may admit i have a bit of a weight problem and i have for many years. they polled on it. they poll on everything including andy griffith's popularity rate and 11% of people. >> reporter: it goes to show you the twinkie diet doesn't always work. megyn: only 11% of people thought cristie's weight was an issue. mark lamont says you can't get elected to office unless you're tall and thin which would come as a surprise to winston

churchill. >> i don't think lyndon johnson was the pillar of health when he what's elected either. megyn: so few of them are. thank you very much. disturbing new details coming out about an hour ago on this al-qaida mail bomb plot. british officials are saying this bomb disguised as an ink cartridge could have exploded over the east coast of the united states hours after taking off. this is the first we've heard that. we'll show you what our homeland security folks are now saying right here at the top of the hour. breaking news from the pentagon about this streak in the sky. they now say they think it was a plane. in plea minutes of serious questions about that -- in three minutes of serious questions can about that question. john stossel getting people tpao*eurd up about a bake sale. but it wasn't any order bake sale. he's here to explain this. >> cupcakes for sale. if you're asian 1.50.

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megyn: fox news alert, new reaction now from the pentagon this hour to that missile mystery off the coast of california. a pentagon spokesman telling fox news the department is, quote, satisfied with the conclusion that this streak is nothing more than a condensation trail from a plane. chuck nash a retired u.s. navy captain and fox news military analyst. are you satisfied, sir? >> reporter: i think at this point, yeah, it probably was kind of an optical allusion. if you look at it the other way, if it was a missile then the dsp satellites would have picked it up, no doubt in my mind, we talked about this yesterday on your show. there is no way that could have been a missile that size that looked like that, that the dsp satellites would not have found.

if they did find it they would not be holding back on this, because you can't keep a secret. it's going to get out. and the military works very hard at maintaining that number one status as the most trusted entity in the united states. polls off polls that way. they are not going to cover up something like that. if the dsp satellites didn't pick up anything but a lot of people on the ground saw something, then there had to be some other phenomenon. in it was the airplane, fine all they have to do is pull the radar tapes, look at what air phraoeupb was flying over -- airplane was flying over at that time and maybe the glint you saw was not the flame from the rocket motor but the sunlight glinting off the side the fuselage. you say there it is, you pull the tapes. it was delta 325 flying from wherever. megyn: why haven't they done that, captain. you have a situation where norad

is involved, northern command. the pentagon, all military bases. the navy coming out making separate statements, why didn't they just get a hold of delta, or whoever it was and confirm, did you have a flight there? when did it take off and have everybody come out and say, it was the folks going off to hawaii from lax. >> reporter: right, yeah, that is a good question. that would have been one of the first things that they should have done. you've got restricted air space on either side of the corridor that runs right over lax, and any flights coming in from hawaii going into l.a. would go in that corridor, and many would fly through that corridor above that corridor if they were going to some place like phoenix which is one of the postulated things in this that they are saying it was a flight from hawaii to phoenix. so i don't know why they haven't done it, because it should be relatively simple to do. megyn: yeah, which has a lot of people asking questions. captain, what about its speed? because some experts, like yourself, who have looked at the

tape have said, it's going too slow. there is a reason they call them rockets, these missiles. >> reporter: well it all depends on your aspect. if the rocket is going like this you see a real quick movement. but if the rocket is going away from you there is very little motion, very little motion as it goes. so if you're looking up at something that is traveling away from you, it's going to look like it's not moving that much at all. you see the space shuttle launches. megyn: interesting. >> reporter: you see the space shuttle launches and it lifts off the pad, and hardy hi-o silver and here it goes. you don't get a appreciation until how facit is until they put the cameras on it. if you look at it from the ground point it doesn't look that fast. megyn: well they say we are not in danger. let's hope they are right. next time i see a satellite liftoff i'll be saying

yippy-hi-o. calling to put hard limits on social security, and they reportedly want to kill the mortgage deduction you get on your tax returns. plus there is more. that's ahead. father loses his temper when his disabled daughter is bullied aboard a school bus. the school didn't do anything. now we learn his punishment and that has some of you steaming mad. are you receiving a payout from a legal settlement

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megyn: fox news election alert, in the last half hour election workers have started checking 230,000 ballots, trying to determine who won ask's senate seat. the latest figures show that tea party favorite and republican candidate joe miller is trailing, quote, write-in candidate by more than 11,000

votes. but it unclear how many of those write-ins will actually go to the incumbent senator lisa murkowski. meantime miller's team already filing a lawsuit over these ballots. dan springer has more live from skwrao*upb owe -- juneau, alaska, dan. >> reporter: we are seeing a unique look of democracy in action. an observer said what we are seeing here is not just a spelling contest, how to spell lisa murkowski, but a penmanship contest. one ballot was found out, because they couldn't tell if it was a spelled correctly. that ballot went into a challenge bin. this is where all the election workers are set up, two per table. they are also joined by two representatives, one from the miller campaign, and one from the lisa murkowski campaign. they are going through all 230,000 votes that were cast in this election, and they are putting them in different bins. bin number one is for someone who voted for a person other than a write-in candidate.

the bins we care about are three and four, because three is the bin where a write-in candidate was deemed to be a vote for lisa murkowski and the name was spelled correctly. four right next to it is a lisa murkowski-counted vote in which the name was spelled incorrectly and someone from the miller campaign challenged it saying this vote should not count because based on state law the spelling of the name must be accurate. and so we've got all kinds of people here. we have ben ginsberg who was the lead attorney for george bush in tallahassee in 2000. they are all observing the process. we'll learn whether there be a temporary restraining order against this process. the miller campaign is challenging it in court this morning. there is a hearing in about an hour. megyn back to you. megyn: this is fox news alert and it is just crossing our route tears news wires the u.s. attorney general eric holder now says he is close to a decision on where to try accused 9/11 mastermind khalid sheikh

mohammed. this story has got even a ton of attention after the attorney general of the united states said he would be tried in federal court in new york city, initially and there was an outcry in response. then there were reports he was waivering and perhaps he was going to be tried by military commission. we have been waiting for this decision for months. the 9/11 family members watching very closely. more on that right after the break. w on our car insurance. great! at progressive, you can compare rates side by side,

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megyn: a fox news alert. this is just crossing from the reuters news wire saying the attorney general eric holder says he's close to a decision on where to try the man accused of being the mastermind behind the 9/11 attacks, khalid sheikh mohammed. this has been a political firestorm for this administration. eric holder initially made a decision not to try him in a

military tribunal, but to bring him into the united states and try him in a federal court with all the rights that would offer, and initially said sit would happen in new york city. at least that was the suggestion. then came the outcry from 9/11 family members and many republicans and moderate democrats in response to that suggestion. the administration backed off that and said sit would reconsider -- it would continue it look at where he tried this man. the aclu which is a fierce advocate of civilian trials blasted the administration, saying it should not back off of its decision, it should try him in federal court and not try him in a military commission. now we learn a week and a day after the election according to reuters the attorney general is close to making a decision. joining me now is debra burlingame. she lost her brother on one of

the planes that was lost on 9/11. i know you have been in touch with the pentagon and others throughout this matter. has anybody in the department of justice contacted you or any other 9/11 family members as far as you know with the decision. >> the department of justice hasn't communicated with 9/11 families since june of 2009 when we let them know by 90% we were supporting military commissions. they broke off even -- we didn't find out about this decision a year ago. this is going to be almost the anniversary of his first decision november 13 of last year. so the answer is no, they haven't talked with us because they know we don't support this article 3 court decision that was made a year ago. megyn: you want khalid sheikh mohammed to be tried in a military commission, not a

united states military court. >> when he made the decision at same time he assigned a case to the military commissions to deal withalshire arah will nashiri. i believe the obama administration has taken so long because they wanted to dismantle the commissions and it backfired. there is less support for it today than a year ago. the opposition in congress before the election was overwhelmingly bipartisan against. now there is even more support for military commissions after the elections. and the reality is that people in new york city, a blue, blue democrat and lower manhattan, very liberal city, they don't want it either. they are against it.

they know the cost much a billion dollars overall for the trial. turning lower manhattan into a static nightmare. for me and for families, this will be a tremendous propaganda coup for khalid sheikh mohammed who will have a platform a stone's throw from where 3,000 americans were killed. that would be a travesty. and what for. when military commissions have created a state of the art courtroom for this purpose that will cost us nothing. megyn: they significant protection of their rights under the military commission tribunal rules. it's not as though you have no rights. i want to underscore. we don't know what the decision is. we don't know whether he decided to try ksm in a federal court. then there was a lot of blowback. now we learn he's close to a

decision. i want to ask you, do you think it's niko incidence the timing? as i mentioned in the introduction to you, we are a week and a day past the elections. this is not the kind of issue i would imagine they want to call attention to prior to the election. the same way we were told. we were told those two would be postponed and all they would say is until after the election. >> i believe there is an article in politico in which high-ranking member of the democrat caucus carl levin admitted. it's clearly political. and so yes, i think they were waiting for the outcome of this election. it is -- they are getting a lot of pressure from the left. that's the president's base. to do this. but i think the timing is absolutely political. they miscalculated because there

is less support for it now even amongst their own party than before, and the opposition was bipartisan then. megyn: have you looked into your options if eric holder makes a decision you don't like, if he decide some bring ksm to new york or somewhere else to be tried in a federal court. is there appealing that or anything the 9/11 family members can do? >> yes. we don't have legal recourse. but what we can do is go to congress and say don't fund it. that's the congress can do it's going to cost a lot of money in the middle of this economic -- the state of new york is operating in the black, billions of dollars. who is going to pay for this? congress. so we can go to congress and appeal. it's just a very, very bad

decision for them to make. so we can make it tough on them. we are not going to go away. the 9/11 memorial is opening next year, a year after that, which uld be about when this trial would start if they aseen it, it would take it two years to get it ready for trial, all of the evidence has to be reviewed through the price many of article 3 federal rules instead of military rules. by the time this case is ready to open, that's when the 9/11 memorial museum would be opening. think of that. you would have -- the museum which would be telling the story of 9/11 and educating visitors about how and why that happened competing for headlines with khalid sheikh mohammed who committed the atrocity itself. so that is to me seen and we'll fight it. we'll win because we know the american people are with us on this overwhelmingly. >> we'll continue to reach out

to our contacts at the department of justice. this is reuters reporting. we have not confirmed a decision has been made. merely that eric holder is close to a decision. we'll sea wait that decision and further confirmation from the department of justice. disturbing new details about last month's mail bomb terror plot. welcome to a brand-new hour of "america live" on a busy wednesday. i'm megyn kelly. british police are saying sat least one of those devices could have exploded over american soil it was originally shipped from yemen. the packages were intercepted in the the cargo hold of a commercial jet just in the nick of time. >> reporter: british authorities confirming what investigators were telling fox a week ago, they believe the bombs were meant to detonate in u.s. air space or on the ground in

this country. if the device had in activated it would have been at 0630. if the device would not have been removed from the aircraft it could have occurred over the eastern seaboard of the united states. there is evidence that those bombs included cell phone detenators that were linked to the alarm function. once the alarm went off, the battery would power the come found which would heat the explosives petn. a package was sent that was linked to a person connected to al qaeda in yemen as a dry run. the former head of intelligence at the tsa says he is expecting more attempts like this. >> they will come up with new ideas and improvements.

this is probably an improvement over the 25 december activity. i would look for future improvements by al qaeda. >> reporter: a senior officials said they can't confirm a third plane was targeted. but they are giving the incidents a second look. megyn: she was kidnapped from her bedroom in the middle of the night, held captive in the utah back country for months. today elizabeth smart is on the stand telling her harrowing ordeal in her own words. that's next. plus, he is a hero to many parents who board the school bus to confront a group of guys who had been brutally bullying his disabled daughter. he didn't lay a hands on anyone. he only did it after he says the school ignored hi his pleas for

help. what do cupcakes have to do with affirmative action. stos he will witaction -- stossl with a controversial bake sale. >> that's not right.

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i worry about my son playing football. which is why i'm really excited. because toyot developed this software that can simulate head injuries and helps make people safer. then they shared this technology with researchers at wake forest to help reduce head injuries on the football field. so, you know, i can feel a bit better about my son playing football. [ male announcer ] how would you use toyota technology to make a better world? learn how to share your ideas at toyota.com/ideasforgood. megyn: fox news alert getting more on our top story. u.s. attorney general eric holder says he is close to a decision on where to try accused 9/11 mastermind khalid sheikh mohamm. this comes from the reuters noise agency. they are quoting the attorney general. he said we have been working on it and i think we are close to

the decision. the process is an ongoing one. we are working to make a determination about the placement of that trial. i would hope whatever the decision is it would be one that would be judged on the merits and that what is best for the case, and for justice in that case will be the thing that will guide this decision. new developments in a crime that shocked the entire country. elizabeth smart finishing her testimony in the trial of the man accused of kidnapping her when she was 14 years old. tang out of her bed in the middle of the night. she is now 23. she described the details of her living night their during her three days on the witness stands. brian david mitchell is accused of essentially torturing his girl during the nine months he

and his wife held her captive. >> reporter: throughout her testimony elizabeth smart remained so poised. today we did sense some anger in her tone when she described wanting so desperately to escape. there was one incident when she and mitchell and his wife were at a public library when they were sitting at a table and approached by a detective who told them i'm looking for a girl named elizabeth smart who was kidnapped in her own home. the detective asked her to remove that veil. but mitchell according to smart's testimony says i'm this girl's father and because of our religious beliefs i'm not going to allow her to show you her face. elizabeth said she knew that could have been her chance. she felt mad at herself for not

speaking out. she was held captive for nine long months. testimony could last through early december, and once a jury comes back at that points, if mitchell is convicted he faces life in prison. megyn: president obama and john boehner seem to be a political odd couple. >> there were no new policies from about boehner. there were no new ideas. there was just the same philosophy we already tried during the decades they were in power. >> the pink slips shouldn't be going to the workers in ohio. they should be going to the members of obama's economic team. megyn: richard socarides also had to deal with a republican controlled house under clinton. and on breaking news on nancy pelosi and why she says democrats lost the house.

then, a controversial handshake in indonesia. why a muslim minister says it's our first lady's fault. but does the video back up his claim. plus the wheel of fortune contestant. new details on why she did it. >> "l." >> one "l." >> can i solve? >> what's that? >> can i solve? [ male announcer ] this is steven, a busy man.

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her to stay. you and other democrats like you have come out and said people didn't like this policy, they didn't like this policy and it's a tough economy as well. you recognize the greater landscape. she seems to be pinning it on

they love the policy but didn't think we pushed it through fast enough. >> it didn't work fast enough. these policies they put in place had they not been put in place, things would have bench worse and they are working. but they are not working fast enough. a lot of what we are going to see in the next three, four, five years on the healthcare, are things people are going to like. megyn: doesn't this ignore that? >> it would not seem totally in keeping with today's reality which i think requires anyone in her position to face up to the fact that things have gone wrong. she has to do better. that they are go -- their governing strategy, their could verning philosophy was not playing well with the voters. megyn: she'll be holding the victory party over their accomplishments in one hour. >> there are some members there, a small group of members who

want to delay the vote. megyn: on who is going to be the minority leader. >> if she is running she probably figures she has the votes. >> she won't be the face of the democratic minority in congress? i think that's problematic. i happen to think quite well of her. i think she has terrific political instincts. but if she is the face of this the next two years it will be a big problem. megyn: another thing people are saying may be a big problem is the relationship between our president and our bree resumed next house speaker john boehner. there are a few articles talking about how they are a political odd couple. they don't know how these two guys will get along. they never had a one-on-one meeting. he's been the minority leader. >> politics are about relationships. and i think boehner has -- i put this on obama. it's not in his personality to

build these personality relationships. i think boehner has handled himself soon-to-be speaker has been very dignified. he has not gloated. he said something about the president setting the agenda. i think that this is a huge opportunity for president obama to show the american public most importantly that he's someone who can go external collaboratively, and i -- that he can govern collaboratively. we are watching people absorb these results in realtime and trying to figure out where to put themselves. megyn: bree resumed speaker boehner -- presumed speaker boehner and baltimore where are saying the right things now. listen to what john boehner said on hannity last month. this is before the election. but listen to this. >> the problem we have is when

we talk to each other, there is no connection. i have got 11 brothers and sisters, my dad owned a bar. i have been a small business guy long before i got into this business. when i talk about the real world it doesn't seem to register. megyn: isn't that interesting? he's talking about a fundamental difference in personality, background and approach and he's not feeling the connection. how important is that. >> i think it's important to have a connection. what these two men have in common is -- they both dedicated their lives to the governing process. they made enormous a cry nices in their lives. -- they made enormous sacrifices. they committed themselves to helping people. megyn: how do you forge any sort of a bond. people talk about tip o'neal and ronald way began, they would

have drinks at the end of the day. they played golf and told irish stories. but then they talk about how president obama doesn't ask any of these politicians out for golf. he's friends with his friend and he letting late with the legislators. >> he's got to get over that. you have got to forge these connections, you have got to make these connections happen. the president is the president. i do believe firmly it's his responsibility. when you are the president of the united states, even in washington, the most senior members of congress. when you are the president you are lookinged up to. you have to set an example. the president is obligated to forge these connections. someone on his staff has got to go to him and say you have got to do this -- your presidency depends on this. megyn: the corporate executives

don't necessarily want to golf with these guys, they do it for the relationships. >> the most successful corporate executives are people who figure out how to get along. megyn: that many why i'm not in the corporate world. >> look how we get along. and you are glowing by the way. megyn: richard is in on a family secret. how can you possibly make people angry with cupcakes? >> i think it's wrong. >> should i not do this because i hurt people's feelings. >> not only not hurt their feelings, but out of respect. megyn: the affirmative action bake sale and why he did it. the father gets on the school bus giving a bunch of bullies a peaca -- a piece of his mind.

he got a stiffer stance than some violent criminals get. >> it's my daughter.

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megyn: fox news alert. massive student protests in london continuing to turn violent. 32 people have been arrested. tens of thousands of students

have been marching through the capital as a result of a plan to increase tuition fees. they are facing record deficits over there. they are stoarpg the conservative party headquarters. some smashing windows and lighting bon fires. a small group of demonstrators broke into the building. we'll bring you further updates as we get them here on "america live." also developing right now. british police say at least one mail bomb could have explode over american soil. authorities first intercepted the packages on planes overseas. the timers were set to go off 7 hours after the planes left england. a lockdown on one of the nation's largest school districts has been lifted.

authorities received a call that said a man might go on a shooting rampage. police say that threat has diminishes. new fallout from a bake sale that raised eyebrows. it had to do with treats you would expect to find. but there was one exception. the price someone paid would depend on their race. coulden were extra tough students first had the idea to protest their school's policy on affirmative action. so they held such a bake sale to make a point. john stossel could not resist the tint to play copycat, and what a reaction he got. >> this week in a manhattan mall i held a bake sale. a racist bake sale. we have different prices. asian, $1.50, white, $1. if you are will tino or black 50

cents. i didn't come up with this idea. i copied what some students did. they called it an affirmative action bake sale. the bucknell university they shut the bake sale down. it's harder for asians to get admitted but easier for latinos and blacks. i ran the bake sale so we could see what kind of discussion the bucknell students missed. >> this is to make amends for the asians who have high s.a.t. scores. >> that not true. that stereotyping. >>it is stereotyping. >> it's not right.

megyn: john stossel is the anchor of "stossel" and my guest now. look at you causing all sorts of trouble. but you raise an interesting point. one that has been seriously debated by conservatives and liberals. that is, is there a need for affirmative action or is it play tently unfair? -- or is it blatantly unfair. >> when it was first passed it was to overcome state sponsored segregation and racism. schools wants to be diverse, if a private school wants to do it, fine. but at least let the students talk about it. that that's what upsets me. megyn: what was their justification for shutting it down. usually universities are bastions of free speech and

allow discussions. >> some are become very politically correct. at first they said whiff applied for a form your prices were different. you changed the prices, therefore you can't do it. later they say it violates the state's laws against discrimination. you can't charge different genders or races different prices. of course lots of schools have the feminist groups have bake sales where they sell women cupcakes for much less because of the so-called wage disparity. those never get shut down. it just tends to be universities don't want to make people mad and race tear guys everyone. megyn: i saw on o'reilly giving him a hard time about using the word african-american as opposed to black. >> we are in television. every syllable counts. a 7-syllable word? why use it?

jesse jackson said he thinks it should be tbrim. be -- should be african-american. who made him king. megyn: one of my professors pulled me aside. i said one of the black students said, and she pulled me aside and said you were inappropriate, it's african-american. and i felt awful. i didn't know -- i'm fine with african-american if that's what he prefers. but someone shoots down like that, you feel like to you say it a different way. >> on my show i'll interview an tbrim who calls himself black and said don't call me african-american because i'm born in america. megyn: people get just set over the word midget. >> it's funny. i hadn't thought of that one. but when i do stories on

midgets, i called them little people. megyn: which is more syllables. >> barely. i don't know what you use. i didn't pick you out. megyn: interchangeably. >> since i started thinking about it i say black. i'm not a german american, i'm an american. megyn: not every black person is an african-american. you want affirmative action gone all together you? want it gone? >> not necessarily. if some private institution -- government shouldn't -- it's racism. it's reverse racism. >> they are trying to make up for a disparity that was cooked into the system. >> it's been cooked out years later. megyn: a land mark decision, you can't have question as, but they

said you can trite as like an factor where you give points. the same way you say you were class president. that counts in your favor. all things being equal they will say this person is minority, we are going to give they the advantage. >> fine, it's not a quota system, it's not state imposed. we want diversity. i want my kids to go to a school that has many races. if because of past discrimination there are fewer latinos exceptions should be made because they are running further behind. but it's been used by rich diplomats to get their kids in because you check off that box black or latino. there is a 104-point penalty on your s.a.t. score if you are asian. stossel, when can i see more of

you have? >> on my show, "stossel." on the fox business channel. not this one. megyn: 9:00 p.m. and 12:00 a.m. eastern which is helpful if you are on the west coast. general mountains reported its best quarter in 11 years. it earned nearly $2 billion in the first quarter. new car and crossover models and strong sales overseas contributed to its earnings. this comes as a good time for gm. they are set for an initial public offering next week after emerging from bankruptcy. dad gets on the school bus. gets the bullies a piece of his minds. these kids had been tormenting his daughter. of says he called the school do

intervene and they didn't do it. and today he is looking at a stiffer sentence than some violent criminals get in "kelly's court." during the break you can check out foxnews.com/americalive. read up on this case before the gavel drops next on whether justice is done.

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pull up the price chart. see what the analysts say. as i jump back, streaming video news confirms what i thought. pull the trigger -- done. i can even do most of this on my smartphone. really, it's incredible. like nothing i've ever experienced. unleash your investing and trade free for 60 days with e-trade. megyn: attorney general eric holder telling fox news he is getting closer to making a decision on where to try khalid sheikh mohammed. >> it's a process we are working to make a determination about the placement of that trial, and i would hope that whatever the decision is, it will be one judged on the merits, and what

is best for the case and justice in that case will be the thing that will guide the decision. we have been working on it, and i think we are close to a decision. megyn: more on what can happen ahead. >> i'm telling you this -- [bleep] i'm telling you, call the police. megyn: "kelly's court" is back in session. throwing the book at a bully-fighting daughter. he crossed the line to protect his disabled daughter. he board the big yellow bus in an effort to stop a bunch of boys from tormenting his daughter. he didn't lay punchesser a hand on anyone. now a judge sentenced him to pay

a $1,000 fine, do community service, vick earning imagine the and victim awareness and he will be on probation for 6 months. let's ask our panel, jonna spilbor and kimberly guilfoyle. fair, kimberly? >> no, i think it's excessive. he has to be the one to stands up and be an advocate for his little girl who is truly defenseless, suffering from cerebral palsy. she is unable to defend herself. she was terrified to even go to school and get on the bus. the school failed to do anything. he notified them. he did everything right. in an act of desperation that any parent can relate to he took measures into his own hands and went there to defend and support his daughter. should he have used profanity?

no. did he take it too far? yes. however, i think in terms of the sentence it is too excessist and extreme. what about the school officials because they have failed routinely throughout this country to protect students which have resulted in students taking their own lives. megyn: in this case reportedly the girl was put on suicide watch after all this. they twisted her ear. they kicked her, or slapped her, and they pulled a condom over her head. she is 11, 12-year-old little girl with cerebral palsy and these bullies pull a condom over her head. this father says he contacted the school officials and they did nothing. he was quick to apologize for losing his temper. and 6 months probation plus a $1,000 fine? anger management class, are you kidding me?

>> i think the sentence is a little bit light on the punishment side. there are two components to any sentencing scheme. one is rehabilitation. the rehabilitative portion is great. he does need to be in anger management. i'm not contesting his motor situation was noble. nobody should have bullied his little girl but his execution was downright dangerous. his punishment, 10 hours community service? i can shop for 10 hours without a bathroom break. that's not a long time. megyn: char lee sheen who held a knife to his wife's throat, got three months probation. >> repeat offender. megyn: this guy gets 6? >> it shows how terribly flawed this system is. is that unreasonable what he did? going on the bus? i would get on that bus and make sure those did knew you will not

do that to my child or any other child you come in contact with. it's outrageous. this guy did the right thing. perhaps he was emotional about it. bit's unable. megyn: he apologized, saying i was too angry. why don't the cops say you were too angry, we can't be having that. we are going to step in to protect your daughter and that's the end of it. they said they were looking into charge the bullies yet they have done nothing. >> i sat here doing juvenile cases and handling situations like this. i can't believe they haven't come before the juvenile court and authorities so they can get education and counseling and put on probation. that's a serious problems with those kids that they behave this way and they will do it again. >> the bullies should not get off. bullying is the social playing of today.

it's that way because we don't know how to deal with it. but that does not excuse dad's conduct in this case. megyn: a lot of parents of the kids on the bus were upset. this guy isn't a criminal an doesn't need anger management class. he needs a school district that will protect his daughter.

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motion * it's 30 minutes until a special celebration on capitol hill. soon to be former speaker nancy pelosi inviting democrats to celebrate the accomplishments of the last congress. we think they will be doing it behind that red curtain it appears to be a private party.

the press was not invited. but we'll be there on the other side of the curtain if anybody decides some speak to the cameras. oh, do we have an update for you on a story of we first brought to you a few weeks back about a dog named mia who woke up at home after a vet put her to sleep. now she is getting a new leash on life. trace gallagher, mia is alive and well. >> reporter: you talk about a story that captured the hearts of dog animal lovers all over the world. my daughter asked me every day, what happened to the dog that came back to life. matthew had his house foreclosed on, moving into a small apartment. hurricanes a had a myriad of problems. he took her home to bury her and the next day there is mia

wagging her tail. here is what matt said. listen. >> i watched her die in front of my eyes. i thought she was. now i have got to go through it again? >> reporter: but he didn't have to go through it again. instead of putting her down the donations started flooding in. they got her steroids and now she has recaptured some of her youth and now she is living on a farm with a bunch of other rottweilers. megyn: is this a real farm or is this the farm my mom told me bozo went to and there was no farm. i was 25 before i realized there was no farm. >> reporter: this is the real farm. the vet says, we gave the wrong dosage. do you think? megyn: we got a lot of viewer mail saying i'm worried about my

pet. this is not usual. you don't have some worry. but a good update for mia. captioning made possible by fox news network @=h

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