get acti-lift in these tide detergents. jenna: well, a must-see moment here. a cincinnati police officer stops to investigate a crash on a slippery road when another car loses control, smashes into the officer and the other man. take a look at it. unbelievable. the officer is thrown over the barrier. the other man is pinned between the parked car and the concrete. here's the good thing, though, both are now okay believe it or not. jon: wow, amazing. hey, thank you for joining us today. jenna: and drive safe. "america live" starts right now. megyn: thanks, guys. this is a fox news alert from capitol hill where we are now getting word that a senate vote on the tax cut bill is imminent. if this thing passes, as it's expected to in the senate, then that opens up debate in the house, and in the less than 24 hours millions of americans may know if they are going to face a

major tax hike next year. welcome to "america live" on a tuesday, everybody, i'm megyn kelly. house majority leader steny hoyer warning just hours ago that democrats are still not happy with this thing, and they are going to want some changes. that despite days of the president lobbying democrats to change this thing and top republicans saying there will be no changes. wendall goler is live with the latest at the white house with. >> reporter: i can tell you the folks here are a lot less nervous about the prospects for the tax cut compromise than they were before yesterday's lopsided 83-15 vote. illinois democrat dick durbin said it a lot more likely the bill will receive final passage in the senate, perhaps as early as today, perhaps tomorrow. it also makes it much more likely the bill will make it through the house where there is more criticism of the more than $800 billion it would add to the deficit and more criticism of the income and estate tax cuts

for the rich. president obama spoke to reporters after yesterday's lopsided cloture vote in the senate which was a lot stronger than his aides had predicted. he understands nobody's completely happy with the compromise, but the vote proves that the two parties can work together and the compromise will make christmas a lot brighter for a lot of people. >> it is a substantial victory for middle class families across the country who would no longer have to worry about a massive tax cut come january 1st. it would offer hope to millions of americans who have lost their jobs through no fault of their own by making sure they won't suddenly find themselves out in the cold without the unemployment insurance benefits they were counting on. >> reporter: the president spent several days lobbying members of the senate, but even before yesterday's vote he'd begun calling reluctant members of the house who have said they're going to try and roll back the estate tax cuts for the rich but will not block the bill

if that fails. nobody wants to take the blame for a big tax hike on middle class americans just in time for christmas. illinois senator dick durbin says this bill says god bless tyneny tim and donald trump. megyn, back to you. megyn: all right, thank you. as wendell mentioned, some house democrats are demanding higher tax benefits for the rich, but they might want to check out a report that we found from congress itself on what actually happens when you hike the top tax rates. what happens for the middle class, what happens for the bottom 50% of income earners. you may find this rather eye-opening. we'll show it to you next hour. well, fox weather alert as bitter cold and icy conditions sweep across big parts of the country right now. check out minnesota where cars are absolutely buried in the snow, and the drivers who are able to get out are dealing with freezing rain and sleet out on the roads. >> right now my car's, it's like

on a pedestal of snow, so when i pulled in, the snow packed under it. my tires are off the ground, so i've got to dig out the bottom and, hopefully, get weight on my tires and i can pull out of here. >> people aren't getting around? >> oh, somebody just fell. [laughter] yeah, i think it's taken everybody a really long time because on top of that they're driving really slow, trying not to spin out, fishtail, do anything like that. megyn: i feel for her. i have to say, i'm the same. when somebody falls, i love. it's funny. but then you feel bad because they're looking at you like, why are you laughing? it was just funny to see you fall. if they're hurt, it's not funny, but if they're not, it's funny. am i wrong? >> reporter: you're right. it's like the banana peel thing. megyn: i do it all the time! i fall all the time. ellen degeneres does her bit when somebody trips and they try to play it off like a run, it's a trip, no, they're running!

>> reporter: you need special things under your shoes like traction. megyn: and things you can put on the wheels of your cars like chains. you've got new warnings for us today. >> reporter: more on the way but, you know what? we love your pictures. here's a couple of pictures i got from deb in tennessee -- not in tennessee, in virginia just outside of richmond where they got a couple of inches. more snow for deb on the way. and this one from buckeye lake -- megyn: pretty. >> reporter: ohio? oh, my gosh. feels like my mouth is frozen. this is from old broad, that's her handle, not mine. [laughter] and we thank you for your pictures. janice dean, fox at twitter. okay. record allows. megyn, this is right. four degrees in paducah, kentucky, last night. ten degrees in roanoke, i mean, these temperatures tell the story. arctic air has sunk as far south as florida. real quick i want to show you our next system that is going to move its way across the

tennessee and mississippi river valley overnight on wednesday into thursday. see this big storm in the northwest? watch it move eastward and then some gulf of mexico moisture works its way in. see that pink there? not a good sign. we could see freezing rain and/or ice on the roadways. not good especially across these areas. and then this storm is going to continue to move eastward. so that's the story we're going to be watching, winter storm advisories already up for those areas that have already seen quite a bit of snow down south. megyn: wow. it is december. thanks, j.d.. >> reporter: you bet. megyn: well, it is so cold across the southern u.s -- how cold is it? -- i saw a lawyer with his hands in his own pockets. [laughter] that's not really what the script says. so cold that farmers in the florida are using helicopters to try to push warmer air closer to their crops in an effort to save their harvests. reporter black berman is at a distribution center south of miami where the farmers are

doing battle with the cold big time. blake? >> reporter: megyn, you know, we like the cold down here every now and then, time to get the jackets out, but for the farmers in south florida, they absolutely hate it. we are at a center here five brothers, they grow and they distribute green beans. and i want to show you part of the story here. this is the good news. these green beans, most of them, made it through the night. the temperatures dipped near freezing, but there was a lot of wind damage down here as well. so this is what they've been doing. they picked the fields here, and then they've put it onto this elaborate conveyor belt, and then the workers eventually separate it and try to get it out of here and out to the rest of the country because, let's face it, this is a basic supply and demand issue. if supply goes down because of the weather, the temperatures go down, then prices go up in the stores. they are not out of it here in south florida, we are anticipating another night of freezing temperatures, possibly

dipping below freezing. even though we were able to escape it, for the most part, here in south florida. the folks in the lake oak choke area, the damage there described as significant in the northern part of the state as well so, they are saying, look, the bottom line at the grocery store for the next couple of days is this: if there is significant damage, then prices will increase at the store. for now that is the very latest in florida city. pack to you. megyn: thank you. folks, we want to know what you're seeing. send us your pictures or video by going to foxnews.com/u report, the letter u, report. to upload you, then we'll put them up on the air, maybe, today. make sure you stay safe. well, a new warning now from a possible gop for the 2012 presidential race. outgoing minnesota governor tim pawlenty bringing new attention to public employee unions calling them a silent coup and

can urging lawmakers to rein in the unions that he says are draining taxpayers dry. take a listen. >> their postretirement benefits and salaries and pensions are really one of the driving forces of the financial troubles of cities and counties and can school districts and states all across this country, and it needs to stop. megyn: well, stu varney is with host of "varney & company" and, stu, are they just an easy target? >> no, no. governor pawlenty is right. he is describing what may be the next financial crisis to hit the united states. namely, states are insolvent. in many cases largely because of the extraordinary pensions and health benefits which we have guaranteed to retired state workers. the municipal unions have won the most lavish pension and health benefits for retirement of any group in our society. the bill is due now, we don't

have the money. they won't do givebacks, crisis is upon us. megyn: pawlenty is saying these have to be changed, these benefits packages have to be changed, and you're saying that the unions are saying, no. i've got to tell you, if i'm hired to represent the unions, i say you struck the deal, state government. if you don't like it now, you can't have buyer's remorse. too bad. that's what contracts are for. my union people shouldn't have to pay for it now. >> correct on all counts. you sign the contract, contract law says you live up to the terms of that contract, so pay up. megyn: right. >> reporter: okay, so fair enough. if we do, where does that money come from? it comes from other social services like health care for children, like education. that makes -- megyn: but if i'm the union, i say, don't blame me. blame the state governments. >> reporter: yep. megyn: blame the people who were supposed to be looking out for you. i'm supposed to be looking out for my union members if i'm negotiating on their behalf.

i did my job as the union chief, they didn't do their job as the state governors, and why do i now have to bend on a deal i have in writing? >> reporter: because if you don't, you push the state towards insolvency. megyn: i push the state or the lawmakers who cut the deal who are responsible for looking out for the taxpayers, they push -- >> reporter: okay, okay, okay. the lawmakers who made the deal push them towards this difficult, very difficult crisis. megyn: that's my point. so now the unions have a right to cry hypocrisy because now the state lawmakers are saying the unions pled us dry. and the unions are saying no one forced you to agree to it. >> reporter: and that's true. unless you go back in time and won in the fist place. they were won against politicians who when standing for a vote were heavily influenced by the union vote. you could say that in some circumstances local unions manipulated local elections. got the guy in who they wanted

in and then forced them to make a deal -- megyn: the poor, the poor, weak politicians. >> reporter: okay -- megyn: they took the unions' money, and then they sold out the taxpayer to blame the unions. once again, isn't it the lawmakers who cut those deals who really need to be accountable to these state citizens? >> reporter: okay, yes. that was a generation ago. now what are you going to do? you've got the crisis that is upon you. the federal government or somebody else, or you have the most dramatic cuts in social services that you have ever seen. you want to send your child to a school where there are 60 kids in a class? it's coming. you want to decimate your police department, fire half of 'em? have any givebacks. megyn: and we're seeing some of that happen in new jersey. that's the problem. if you have a normal contract, you and i have a contract and i have a great deal, you have a bad deal, if you are going bankrupt and you're the person who needs to pay me, even though i have the better end of the

legal bargain, i have to consider your circumstances because it's better to get something than nothing. >> reporter: the blame lies with the former generation of politicians who are no longer around to account for it. megyn: where are they? it's their fault. thanks, stu. [laughter] what do you think? kelly@foxnews.com. well, an illinois teacher -- speaking of unions -- demanded time off and didn't get it. and now the department of justice is involved. in three minutes we'll show you how a three-week break became a federal case. plus, the first lady says that childhood obesity has become a national security issue, but what price are we looking at to fix that problem? and a teary john boehner getting the ladies at the view all fired up in the wake of his "60 minutes" interview. they say he's got emotional problems. really? get the hankies for a fair and balanced debate, ten minutes away. >> i've spent my whole life chasing the american dream.

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megyn: we've got video coming in of an amazing rescue out of washington state. firefighters pulling this woman out of her car after police say she accidentally backed into a flooded pond. look at this. the woman was stuck in her car for about ten minutes. a firefighter had to break a window and swim her to safety. rescue crews say she is now doing just fine. and now to a small town story getting national attention. the department of justice is suing a school district in illinois for denying a muslim teacher time off to go on a religious pilgrimage. the trip is called the hajj. it's a journey to mecca, and it

is required for every muslim. trace gallagher has more from our west coast newsroom. >> reporter: hey, megyn. she was hired as a middle schoolteacher in berkeley, illinois, about 15 miles outside of chicago back in 2007. in 2008 that's when she requested three weeks off to perform the hajj. well, the school district denied it and said, no, you can't go because it's not part of your job duties, and it's not part of the teachers' union contract. so she asked again, was denied again, then she quit her job and filed a lawsuit in federal court in chicago saying she was forced to choose between her job and her religion. now the department of justice has slapped the district with a lawsuit saying the district discriminated against her, violated the civil rights act of 1964 by failing to accommodate her religious practices. the feds now want the school to give her back her job, to give her all her back pay and to pay

damages which so far are undisclosed. now, critics say, look, if she has a sabbatical she can take, she should take it. if she's not allowed to, she should not. the school district, by the way, has not yet commented. we called 'em, they're not talking about this at all, and we should note the hajj this year was in november. but because the muslims follow the lunar calendar, the hajj slips forward 11 days every year. still no comment, the justice department filing that lawsuit against the berkeley school district, megyn. megyn: all right, trace, thanks. one federal court ruling and suddenly the health care overhaul debate is raging again. is this thing even constitutional, and will it survive a supreme court challenge? we'll have some answers right after this break. plus, wait until you see what we uncovered on the mystery deep within mona lisa's eyes. the artist's microscopic images

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megyn: well, in an extraordinary move the nation's top law enforcement officer, attorney general eric holder, has taken to the opinion pages today to appeal to people's heart strings in defending the new health care law saying that if this law is not upheld, it will have devastating consequences for many americans. mr. holder also argues that, quote, having lost many congress opponents of the law have now taken to the courts where he predicts they will lose. is this appropriate? and is he right? tomorrow -- jamal holder is my

guest now. it is unusual to see the united states attorney general come out and say don't be so heartless. he talks about one woman in particular, gayle o'brien, who was diagnosed with an aggressive form of lymphoma, talks about how she's been helped by this law. but why do i need the attorney general of the united states to be telling me about gayle? >> i couldn't agree with you more. and as know and and your viewers know, i'm pretty much a liberal on most be positions. here is where obama is using his players to come out and speak to the american people. we wouldn't have this problem, megyn, if he didn't push this health care bill from the very beginning down our throats. nobody understands what the hell is going on here. we don't know what the bill says, now we've turned law into politics, and we've got to separate the two. is this or is this not

constitutional? this is not a political issue. megyn: now we have this virginia judge saying it's not constitutional or at least the main core of it that pays for it, that imposes an individual mandate that people buy health insurance is not constitutional. and what i found interesting here is$e hudson, said it's not constitutional because you can't inactivity. they're sitting in their home not doing anything, and you can't regulate that. this all kind of goes back to this case without boring our viewers about legal precedent. there's this case called wicker v. fillburn. it calm out in the 1930s because there was this little look, here's his picture. and he was a farmer. and he decided he wanted to grow wheat, but he just wanted to feed his animals. and the government said we can regulate that even though you're just giving it to your animals, we can regulate that. that qualifies as interstate commerce we can regulate, and the supreme court upheld that. and this judge yesterday, judge

hudson, said, no, wicker doesn't go this far. these people at home haven't even grown wheat. they've just sat there on their couches, so this isn't the same. what say you? >> well, you know, it's an interesting issue, and there are a few things that are going to happen here. it's going to appeal to the fourth circuit, and that's a mostly democratic -- megyn: no, it isn't. no, it isn't. >> yeah, obama put judges -- megyn: it's a conservative court, but it's become more liberal in recent years thanks to obama appointments, but it's a conservative court. >> that's what i mean. i'm sorry, you corrected me. but the other issue is, you know, are they going to actually just not appeal it and instead go back to the drawing board like they've done with the taxes, and are they going to say, okay, republicans, how can we fix this so we're not tying this up in the courts? how can we fix this legislatively so we're not making an issue on little things? megyn: but do you think the

democrats are going to do that? they've won twice. as robert gibbs at the white house pointed out yesterday, they're two for one -- 2-1, i should say. they've won in two courts that say it is constitutional, then they lost yesterday in this other court that says it's not constitutional. so wouldn't they rather see these cases work their way up on appeal, going to take a couple years probably, and, you know, sort of hedge their bets rather than just saying, okay, we give up and going back to the drawing board? >> well, it's definitely going to reach the courts, if it does, or the supreme court after obama's re-election, if that happens. and, remember, there are other courts that are still hearing these cases. so even though this part is found unconstitutional, maybe there's another part of the health care law that's found unconstitutional like the medicaid. megyn: well, it'll be interesting. this judge refused to declare the entire law unconstitutional. he just found this one section unconstitutional. but, you know -- >> i want to say one other thing. megyn: most analysts have said one does the other because

without the funding for it. we'll see. tamara holder, thank you so much. >> thank you. megyn: he made headlines for choking up while talking about the american dream, and now he's done it again on "60 minutes." john boehner wearing his heart on his sleeve, and the ladies of "the view" go on the attack over it, next. plus, new developments in the case of a former tv chef accused of hiring two homeless men to take out a hit on his wife. >> what he was wanting to do. he was wanting to pay, you know, in hipped -- ripped-up billsut someone to kill someone. or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. - sure, cake or pie? - pie. - apple or cherry? - cherry. oil or cream? oil or cream?

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and, go to celebrex.com to learn more about how you can move ward relief. celebrex. for a body in motion. megyn: fox news alert, we told you at the top of the hour that house democrats are calling for changes to this tax deal that they now say likely to pass the senate today. moments ago republican senator jon kyl responded saying, there will be no changes to this agreement. mitch mcconnell, who's the minority leader in the senate, had said that earlier. now jon kyl is saying it's just not going to happen, signaling if the democrats do change this deal in the house, the senate will not approve it once it is sent back, once they have their negotiations. so the drama continues on capitol hill, folks. >> i can't go to a school anymore. i used to go to a lot of schools. i used to see all these little kids running around, can't talk about it. >> why?

>> making sure, uh, that these kids have a shot at the american dream, like i did, it's important. megyn: well, that was house speaker-designate john boehner on 9:00 60 minutes" this week getting emotional. now, the ladies at "the view" and some other critics are saying mr. boehner has emotional problems. really? >> speaker-elect john boehner was on "60 minutes" last night and, once again, he could not keep himself -- [laughter] from getting really emotional. >> it's such an easy -- [inaudible] >> this guy, i'm sorry, he's going to be speaker of the house, and he's not going to invite me to his christmas party, but this guy has an emotional problem that every time he talks about anything that's not raise taxes, he cries. [laughter]

megyn: really? leslie marshall is a syndicated radio talk show host, and lars larson is also. all right, leslie, barbara walters -- who is the queen of making people cry, that is what she is known for -- she says that these tears suggest to her that our speaker-designate has emotional problems. and then others have dubbed him already, i don't know, the weeper of the house, i think, is the term they're using. [laughter] what's your reaction to it? >> i have to say, megyn, i did grow up in new england where boys don't cry. but i do feel male or female, politicians -- all of them -- should not be crying. it's not professional, it's not the place. yes, they're human, and they get emotional. as to him having emotional problems, i'm not a shrink, i'm

not a physician, i don't have a medical license. i don't think he has emotional problems, i just think he has control problems regarding the crying, and it's not a pretty picture. megyn: you know what? it's not just the ladies of "the view," because there's a piece on aol that argues as follows: when a politician cries as much as john boehner does these days, it is fair to wonder if something is up. >> this is absurd, though, this is what "60 minutes" did, they interviewed him for a couple of hours and then went back and excerpted the parts they hoped would make him look like edwin musky a few decades ago. if they can't paint republicans as cold, heartless bastards, they've got to paint them as mentally deranged. i've sat next to my wife who's more conservative than me, and she said that's a man's man, who gets choked up about his country and the issues he feels passionate about. all of a sudden feeling passion

anytime about america and the hopes for his fellow americans is something that's evil? i think that's absurd. megyn: is there a double -- here's the question i have for you, leslie, is there a double standard that you can have a man like speaker-designate boehner cry, and it takes several episodes of it because he's cried on the house floor repeatedly, then election night, now on "60 minutes." what would happen if nancy pelosi had done that that many times that publicly? >> lars and his lovely wife would be singing a very different tune today. larceny, you know it -- lars, you know it. when hillary clinton was on the campaign trial and she cried, the conservatives went nuts and talked about her not being emotionally fit to be president, etc. so it's fair game. i don't think there's a double standard except for the double standard that when a republican cries it's okay with the republicans, and when a democrat cries, it's okay with the democrats. in my opinion, a politician is

doing a job, no crying on the job. megyn: and, listen, and she mentions hillary clinton on the campaign trail, here's a snippet of that in case you've forgotten. >> i have so many opportunities in this country, i just don't want to see us fall backwards. no. [applause] megyn: that, lars, that led to days of discussion over her tears. it's really, to be fair, not even in the league of boehner's crying. >> no, it's not. but i think, by the way, about nancy pelosi, i think in all that surgery, they took out her tear ducts except maybe the ducts for crocodile tears. >> see? megyn: now, come on! >> thank you, lars, for proving my point. >> i wanted to live up to your expectations, leslie. megyn: to me, i don't know if this is a republican/democrat issue so much as a male/female issue. you're telling me, lars, if nancy pelosi had cried as much as we've seen john boehner cry,

you're telling me the republicans on the right wouldn't be asking serious questions about her fitness? >> if she got choked up about issues that i could understand any person getting emotional about. leader boehner, speaker-designate boehner, got choked up on the things you would find somebody who's a patriot getting choked up about. i didn't have a problem with it. i sat and watched the interview on sunday night. i thought it was perfectly appropriate, and i thought what "60 minutes" was trying to do was find something that they could find to suggest that the man is mentally unstable, and i really think d. megyn: what about that, leslie? listen, so you're not a crier from the sound of it. you know, listen, i'm pregnant, so i confess right now, i could cry right now. my first outburst might appear at any moment. >> megyn, i could cry right now, but i won't let myself. megyn: i think it's kind of sweet when i see a man or a woman crying. i don't usually get disturbed about it because they're so used to projecting strength, and when

they show their human side, it makes you relate to them. you're having a very different reaction, leslie. >> oh, don't get me wrong, yes, it's nice to see that people are human, but i'm really, really -- especially being a woman in this business, okay? i feel this we as women sometimes have to work harder to prove ourselves. megyn: you've got to be tougher. >> right. unone of the ways i've done that is not let my emotions get the best of me one time of the month or otherwise, and because of that i have always maintained with my staff, my husband's staff, etc., the office, the studio is not a place for crying. megyn: but can't you, but he's setting a different example. he's setting a different example, lars. he's sort of coming out there and saying, this is who i am. i'm tough, you know, i can be a tough negotiator, you've seen my stuff on capitol hill, but i'm also this guy, and i just want to say this: my mother, after my dad died, she went to work, and she started crying. and she told the boardroom full

of male executives, guys, she said, first of all, these tears are over my husband, not over your people. and second of all, do not let the tears dilute the content of my message. so put that in your back pocket, ladies, that second part. lars, is he -- >> yes. megyn: -- changing the image for the better that powerful people can also be humans that we can relate to? >> yes. because we are so often as conservatives cast as heartless human beings who only care about, you know, nuts and bolts kinds of issues. this is a man who can do both, and i think that bothers people in the same way that all of sarah palin's variety of different positives bother women's groups who always wanted to have a democrat who could be like sarah palin. fact is almost once a month i want to weep about what that marxist in the white house is doing to my country. [laughter] at least once a month, leslie. megyn: we just saw barbara walters reduce oprah to tears,

she didn't say that she has motional problems. we saw bill clinton cry, george bush sr. cry, we've seen a lot of people cry on capitol hill although other than glenn beck, perhaps none as much as john boehner. [laughter] all right, guys, thank you. and i think it's sweet when glenn cries too. what duke? kelly@foxnews.com. we've got breaking news on capitol hill where we are getting reports of republicans up in the arms. they just got their first look at a massive federal spending bill that they are calling, quote, a total mess. but if it isn't passed, our government could run out of cash by this weekend. bret baier explains what's happening moments ago. and our first lady, michelle obama, says childhood obesity is not just i a fitness problem, it is a national security problem, one that requires several billion taxpayer dollars. up next, why one school administrator says a lot of that money is going into the trash. ♪

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you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. megyn: this is a fox news alert, new developments on this big federal court ruling against president obama's health care overhaul or specifically finding a portion of it unconstitutional. yesterday federal judge henry hudson out of virginia declared a major part of that law unconstitutional, and now moments ago the justice department formally announcing it will appeal that decision. not a huge surprise, but just to let you know some republicans had called for this thing to be fast tracked. they wanted it to skip the fourth circuit court of appeals and wanted it to go directly to the supreme court. had some other lawmakers including eric cantor backing that suggestion. the obama administration said we're not going to get behind that. and it's very unusual for the supreme court to allow that anyway, so it looks like they're going to have to fight it out.

they'll take it to the fourth circuit, lots of other cases going up to courts of appeals as well, and you all know where it's going to wind up eventually, the u.s. supreme court. president obama signs into law a new $4.5 billion school lunch bill that gives the government the power to decide what your children eat in the cafeteria. the first lady says this was necessary to protect our national security. >> and from military leaders who tell us that when more than one in four young people are unqualified for military service because of their weight, they tell us that childhood obesity isn't just a public health issue, they tell us that it is not just an economic threat, it is a national security threat as well. megyn: chris plant is radio talk show host and my guest now. chris, that's, that's, i guess, an extraordinary justification for this law, but does she have a point? if kids are not fit for military

service because of their weight, should something be done? >> i'm not sure that our public school system is supposed to be the sort of premilitary training program that michelle obama thinks it is. i think releasing all of the terrorists from guantanamo bay is a national security threat. i've never really thought of school lunches as being a major threat to our national security. it's, at a bare minimum, a stretch. cowedo we have a childhood obesy problem in the united states? according to reports i've seen, apparently, we do. i'm reminded of john candy in "stripes" who joined the army because it had a good 6-8 week exercise program. so maybe the military's just the place for our overweight kids. but $4.5 billion worth of free lunches, pretty amazing. only in america -- megyn: these kids. it's a couple of things. the program gives the government the power to decide what kinds of foods can be sold in vending machines and lunch lines, it

could limit school bake sales and fundraisers that get the kids eating poorly, and it also helps kids who can't afford certain meals to have a meal after school before they go home. these are poverty-stricken kids who can't afford, you know, to eat. so i think everybody's in favor of helping them. it's the regulation of what all kids are now going to be eating and the superintendents are saying,[o chris, you can put te peas and the carrots on the lunch tray, you can force us to do that, but you just can't force these kids to eat it. so he's saying it's a waste of money because this one guy, this one superintendent who has spoken out, because it's going to wind up in the trash can, and we can't afford it. >> maybe the next step will be another government program for billions of dollars that will force them to eat. you know, it's a classic case of government overreach where they conjured up explanation. it's an expansion of government power, of government spending. by the way, the president of the united states, michelle obama's husband, took dmitry medvedev out to the greasiest burger place in washington, d.c. when

he was in town, and he sneaks off to have cigarettes at every possible opportunity -- megyn: interesting. so you don't think the president is setting a good example. >> are well, of course not. megyn: didn't he get skewered on the campaign trail where he wanted his, what hid dewant? he wanted some kind of lettuce, and people excoriated him for that. >> arugula salads, i think. obviously, everybody wants kids to eat well. but the government has been providing these lunch programs for years now. and michelle obama was talking about yesterday 50% of our kids' calories come from what we feed them at school. so, obviously, we're already feeding a lot of kids. this is a government program that's been underway for a very long time. is the government the problem, or is the government the solution? megyn: they say the government has revised these guidelines, they're taking a hard look at what's being sold in schools to the kids in tide.

for three decades, since i was in elementary school, chris, and they also say childhood obesity rates have triple led in that time. >> is that because of the poverty, or is that, you know, i mean, honestly -- megyn: that's because we supersized everything. >> well, is the problem with school lunches what the government has been doing all these years? are they going to take responsibility for their failings before we allow them to move on and spend billions more on fresh vegetables? i mean, honestly, $4.5 billion worth of broccoli? how much does it cost to put an apple and a banana at the end of the cafeteria line? only the government could think this is a great idea, first of all, and can a national security issue. and michelle obama also said we can't just leave it to the parents, and that's a very revealing statement. we can't just leave it to the parents, washington has to get involved in lunch. megyn: yeah. and now they are. chris, thanks for your thoughts on it. we appreciate you being here. >> thanks. megyn: well, 500 years ago the genius behind the mona lisa apparently hid some very tiny

secrets inside of the eyes of the painting. today we're learning what's there and what it means. and a new york jets' coach trips a miami dolphins' player as he races up the sideline. poor sportsmanship? you bet. but could the player actually sue over in this? kelly's court doles out some gridiron justice. >> if i could go back and do it again, i sure as heck would take a step back. it was just a situation where i just wasn't thinking. >> watch the knee here. [ sneezes ] you're up next.

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megyn: well, guess what? the u.s. air lines are making out like bandits with the baggage fees they're challenging you d charging you, collecting a total of $3.6 billion -- 2.6

billion in 2010. delta leading the pack, raking in just over $733 million beans in fees this year. and we still haven't even hit christmas. american airlines was next at nearly $432 million, and us airways rounds out the top three collecting about $388 million in baggage fees. wow. well, they say the eyes are the windows to the soul, but one pair of the world's most famous eyes are now windows to a mystery. a team of researchers now says that modern technology has helped it find secrets concealed in the eyes of the mona lisa. trace gallagher has those secrets from the west coast newsroom. t.g.? >> reporter: i should do it in my mystery voice, megyn, but i won't. [laughter] a guy found an old book, right? and it referred to the some bolls in -- symbols in mona lisa's eyes, and some architects took a much closer look with a

very high-powered magnifying glass and what do you know? these historians say hidden in the dark pupils they found tiny letters and numbers placed there, presumably by leonardo da vinci. megyn: aha. >> reporter: in the right eye, thought to be the leaders l.j., maybe the initials of leonardo da vinci n. the left eye what appears to be either a cee or b, or was it mk or tg? we don't know. [laughter] in the bridge, you know, the arch of the bridge behind the mona lisa? they found what they believe to be either an l2 or a 72. what nobody knows is how he got these tiny little letters and number back there or what it all means. remember, 500 years ago is when it was painted. da vinci's well known for using symbols to send messages. historians say this might even be a self-portrait of him which is why some of them want to dig his body up and use the skull to

recreate the face to sue if it really -- see if it really is -- megyn: the illuminati is behind this. just read the da da vinci code. if you haven't read it, check it out. a bizarre murder case involving a former food network star. in five minutes, we'll show you what's next for chef juan carlos cruz, and it may leave a bad taste in your mouth. plus, neil cavuto is not happy with those making fun of new jersey governor chris christie and his weight. i can't repeat what he says, but mike huckabee is here to talk about it. ever wish vegetables didn't taste so vegetably? well, v8 v-fusion juice gives you a full serving of vegetables, plus a full serving of fruit. but it just tastes like fruit.

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uncle sam runs out of money saturday. democrats are trying to push through some 1,900 pages of legislation. why should you care? because the government could shut down if they don't get it worked out. they say there are hidden earmarks throughout this thing. it's an omnibus spending bill. why should we care? >> reporter: the house passed what's called a continuing resolution. this would fund the government at existing levels. what senate democrats are trying to do now is have this omnibus spending bill, since they didn't pass appropriations bills or a budget, they are trying to stuff it in at the end for one year, and it is harded up with a ton of earmarks, and also some

interesting spending provisions. we are trying to get through this. this just dropped this afternoon. and it is right here. 1,924 pages. remember the elect where it was all about making things easier to understand, making sure there aren't behind the scenes closed door dealings to slip things into massive bills? lock at this thing. this was just dropped. right now there is mass pandemonium on capitol hill trying to go through this. because the democrats in the senate are going to try to bring this to the floor in what called a cloture vote to try to fun the government by saturday. megyn: everybody has to read that. at some point between now and saturday and tell the american people whether they favorite or don't favor it by a vote saturday.

senators coburn and demint are apparently going to request or insist that this entire thing be read on the senate floor. aloud. i can take the rest of the show if you like. megyn: let's see how exciting it is. is it a win from the beginning. >> reporter: ordered to lie on the table and be printed in lieu of the matter to be inserted insert the following short title, this act may be cited as consolidated appropriations -- megyn: order to lie on the table. you had me there twist went down hill after that. >> reporter: it's a mess. megyn: that's what your sources are telling you. it's a total mess and all hell is breaking loose. bret: we'll try to dig through it and talk to as many people on capitol hill as possible. megyn: your deadline is four hours away. we expect a full report on what's in there.

we'll be looking ordinary to that. also developing on capitol hill a final senate vote on the president's deal with republicans to extend the bush tax cuts. if it passes it will open up debate on the house. that's where the problem is in the house. and that means within 24 hours millions of americans may finally know if they are going to face a tax hike next year or not. just a few hours ago, house majority leader steny hoyer warned the democrats are not happy with it and they want to change it before it passes. republicans came out and said no, there will be no changes. and the house democrats said how many times do we have to say you don't have our votes unless you do. this vote is almost guaranteed to come up in the daily white house press briefing. press secretary robert gibbs is about to come to the podium and get this thing underway in moments.

we are monitoring this briefing. as news is made we'll bring it to you and "america live." you can watch the entire briefing streaming live on foxnews.com. most democrats are demanding higher taxes for the rich in return for supporting the president's deal that he cut with republicans. in particular they want the so-called estate tax to go up. but in 1996 report from congress shows that ref knew of increase after president reagan cut the taxes of the rich back in the early 1980s. guess what that did for everyone else? michael reagan joins us live on that just ahead. fallout from the first big legal setback for president obama's signature piece of legislation. the department of justice announced it will appeal that ruling, not a figure surprise that rejects a key part of the laugh. the one that mandates all

americans buy health insurance or pay the feds a penalty. we told you about the editorial written by kathleen sebelius on the decision in the virginia case. they were critical of it. the attorney general of virginia ken chucr cuff nellykenr -- ken. >> my first job as attorney general is to uphold the constitution. we are committed to that. if you think about what at stake in this case, it's not about health insurance or healthcare, it's about liberty. megyn: some 20 states are mounting legal challenges to that healthcare law. a brand-new development in the wikileaks scandal. a british judge granting bail to wikileaks founder julian assange in connection with his sex crimes case. he has been accused of sexual assault by two women.

prosecutors say they will appeal that decision to grant him bail. gregg? >> reporter: julian assange remains in the security unit of a medium security prison just about or 3 miles from where we are right now. this after a london judge granted bail to julian assange and the wikileaks founder under fairly strict terms. you have to post $315,000 bond. a lot of celebrities offered to help out with that funding including american filmmaker michael moore. he has to wear an electronic tag. that was not good enough for swedish authorities. they have appealed on the ground that julian assange remains a flight risk. as you noted, for some sexual

misconduct charges dating from last summer. he says he's innocent of those. he receives he's being persecuted by the united states for the release of those cables. in a statement from his mother web is defiant. he said his convictions are for unfaltering. he says the firms like visa and master card who severed ties with wikileaks and have been the target of hacking attacks, they are in his words the tools of western foreign policy. we'll see him in court in a london high court within the next day or two. then the first full-blown hearing on the extradition element, hat happens next month, january 11. megyn: thank you so much. we are learning more about celebrity chef juan-carlos cruz'

next dig. he's getting nine years in state prison for cooking up a plot to kill his wife. he entered a plea of no contest in october for soliciting two homeless men to do the awful deed. luckily, they didn't. trace gallagher has more from our west coast newsroom. >> reporter: those in the courtroom says juan-carlos cruz actually winked at the wife that he wanted dead. remember he solicited those homeless men, but the homeless men went to the santa monica police department and said about the whole plan, they said here is what this guy did. they agreed to help the cops. the cops wired them up and set up a sting operation. they videotaped the meeting describing who juan-carlos cruz wanted killed. when he wanted the murder to take place and where he wanted it done. he even drove these homeless people by his condo to show them how to get inside.

even during the whole thing, these homeless guys were talking to everybody about it. remember this? >> what he was wants to go do, he was wants to go pay, you know, in ripped up bills. someone to kill someone. >> reporter: he pleaded no contest. the tougher charge, the attempted murder was dropped by prosecutors. his attorney says the 9-year sentence he will serve probably 4 to 4 1/2 years of that. tmz is reporting one of the homeless men involved in that sting operation has died. megyn: thanks, trace. we have breaking news from las vegas. where we are getting our first reports that an armed a casino bandit has robbed the when large ohi -- hasrobbed the bellagio o2

million in casino chips. he hit the place in a flash with rode off on a moto -- on a moto. it may have been the best tackle the jets made all day. unfortunately it was illegal, dirty and made by a coach on the sidelines who is now very, very sorry. but apologies aside, could this doll continue take the jets to court? "kelly's court" takes that one on. it's no secret new jersey governor chris christie is a heavy set man. but some recent fat cracks have crossed the line according to some. governor mike huckabee is up next with what's behind this battle of the bulge. >> judging our leaders by the clothing. greatness is not defined by who you are, but how you look. that's racism with a scale.

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megyn: breaking news from las vegas. we are getting our first reports that an armed casino bandit has managed to rob the bellagio. the beautiful hotel along with the beautiful a i know, they robbed them of $2 million in casino chips. how did he get the chips? how did he get them out of the bellagio? police say he hit the place in a flash at 4:00 a.m., he rode off on his motorcycles. how do you get your hands on them in the first place. trace knows and he will tell you in four minutes. the host of another network recently made critical remarks about new jersey governor chris christie and his weight, and he was not the first person to do so. all this inspired neil cavuto to

weigh in in a figure way yesterday. >> for those who love to quota visionary who ask we judge men not about it color of their skin but by the contents of their character it seems weird they still judge theweight of that skin before they even get to their character which makes them characters and pathetic ones at that. judge our leaders not by the quality that matters but the nonsense that does not. where greatness is defined by not who you are but how you look. that's racism with a scale. that might give some a tingly feeling up their leg, i prefer they first look in the mirror themselves and stick their condescending comments up their you know what. but that's just me. slightly overweight. megyn: governor mike huckabee is the host of huckabee and i can say neil cavuto, a friend, doesn't use that term very often. he meant it.

i think he was deeply offended by the comments that we saw this week and this host other network wasn't the first person. mark lamont hill set this off, now this other host said a couple days ago that he saw christy the other day and said he must be 300-plus. you are not going some say i'm going to cut the budget and people will say saw about starting with supper. >> this is why i love neil today have you controversy. he's one of the smartest people in the business and he's dead on. to criticize chris christie because of the amount of his skin is absurd. he's actually bringing the budget back to reality. he's taking on a lot of the sacred cows. he's made a lot of people angry. when people like that unnamed talk shope host and we all know who we are talking about, he makes ridiculous and

condescending comments it shows he doesn't have anything to hit governor christie over in terms of substance. he's just going to take him off about his appearance. as a person who has struggled with my own weight for so much of my adult life, i think it's one of the most to me ridiculous kinds of things to attack people for. i would like to believe this country really has more problems than how much the governor of new jersey weighs. megyn: why is it allowed? if somebody said something about a candidate's skin color or gender. in the laugh we refer to those as i athoseas immutable charact. there would be outcry. but a lot of people struggle with their weight. oftentimes it is not through any faulty of their own. i don't know what the governor's circumstances are. but why do people get a pass

when they want to make fun of somebody's weight? >> it's one of the inexplicable things of our culture. it's perfectly okay to be insulting, to be rude, and downright mean. i can't think of any other word than mean. if governor christy decides he wants to lose weight * he can. i'm thinking that talk show host can't change the meanness and callousness of his own character. proving concern tough governing principles work in the state of new jersey a talk show that gets as many viewers that governor christie will shake hands with on any day in new jersey. megyn: dew think there is a bias against heavy people that they are not pulled together somehow.

they arthey are lovesome,they a. >> some studies have shown when they take images of people and they project them and say who is the smart one. people in a focus group will typically choose the thinner one. when they say who would you rather have as your boss, and it goes on and on. there is a natural tendency to have an inborn prejudice about people who may not as attractive. megyn: is this anger tapping into that identifying a reality that americans are going to have a negative association with an overweight politician. >> there was no doubt there was an intentional slight and intentional dig. you can't find anything substantively about christie's policies that aren't working.

if you don't like what he's doing but you can't argue with the results. pick outs something small. show how immature you are by doing something you would expect out of a third grade, not a person who hosts what is supposed to be a substantive discussion of issues. how much he weighs has no bearing on what kinds off job he does as the governor of new jersey. if a person can't argue with the job he's doing, point out he wears a bigger suit. i would like to say take a look at winston churchill. he was an ample man. take a look at george washington's haircut. but those guys did pretty well. abraham lincoln had a high, squeaky voice, but i dare say he was a doggone good president. so a person's attributes and what they are may be the key for some people, but i hope to believe it's the job that one does that matters a heck after

lot more than how well one photographs. megyn: governor mike huckabee, thank you so much for being here. all the best, sir. fox news alert. we just confirmed a 26-year-old virginia man is being held in federal custody after he allegedly threatened to set off bombs on a washington, d.c. metro system. the fbi was alerted to the threats allegedly sent on facebook. more on that breaking news plus trace's report on this casino heist at the bellagio in las vegas. i thought eric gave you the creeps. [ phone buzzes ] oh. [ chuckles ] yeah. hey. [ male announcer ] don't be left behind. get it first with at&t.

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megyn: fox news alert from las vegas, nevada. an armed casino bandit robbed the bellagio casino of $2 million worth of casino chips.

how on earth did that happen? trace gallagher has details from our west coast newsroom. >> reporter: this is an amazing story. bellagio has a thousand different cameras. security is extremely tight. you have a guy at 4:00 this morning. he has a leather jacket. a full motorcycle helmet. he was up to the pit area behind the gaming tables, blackjack, craps. he shows a gun, makes a threat, demands they give him chips. they hand over the chips. nearly $2 million worth of chips, and this guys runs out the front door, gets on his motorcycle and starts heading down las vegas bundle. at this hour he's still free. the question everybody is asking, big deal he got $2 million worth of chips. he can circulate them among the strip. they can cash in in other

places. that's why they want to find this guy. they are checking outs those dozens, hundreds of cameras to see what they show. but the guy was in a full motorcyclele helmet sew it may not show much. megyn: this is your neck of the woods. is there any reason you would ask for chips instead of cash? don't they have cold hard cash? >> reporter: the cash is behind the cages. the chips are in the casino area. megyn: all right, let us know if you get anything more. new concerns about mexico's dangerous cartel threat. possibly moving south to guatemala. the notorious zeta drug family is trying to control the flow of drugs into to the country.

the u.s. is training guatemalan troops. jennifer? >> reporter: you heard us talk about how violent mexico is and how high the murder rate is there. but here in guatemala the murder rate is twice that of mexico. and we are seeing those cartels. that's why the green berets are here. they took us to a guatemalan base in the jungle yesterday. here is what we saw. in the jungles of northern guatemala the military has carved out a training base. the base is secret. they want to eliminate guatemalan drug family. they have trained the forces how

to shoot straight and push back against the cartels. the zeta staged a dramatic prison break. these special forces want to make sure that doesn't happen again. when several decapitated heads appeared on the steps of parliament, guatemalan authorities suspected the notorious zetas were moving in. they advertise on billboards for recruits. infiltrating gangs and buying up property. which means guatemala needs help fighting back before it becomes a narco state where the cartels bring everything they want over land and threw mexico across a porous u.s. border. in costa require today another cartel the is moving in. the problem there compared to

guatemala, costa my today doesn't have a military. megyn: for more on jennifer's report you can log on to foxnews.com where you can find more on the green beret special training projects in guatemala. and the reporting on america's third war. a fox news alert. we have now confirmed that a 26-year-old virginia man is being held in federal custody after he allegedly threatened to set off bombs on the washington, d.c. metro system. the fbi was alerted to the threat which were allegedly sent on facebook's instant messaging system by an informant. catherine herridge is working on this story. >> reporter: i have a copy of the criminal complaints. it many important to emphasize this individual, the residents of alexandria, virginia is not

being held with the allegation he was going to launch a plot give is being held because he was making threats on the internet to that effect. what's interesting in this criminal complaints. in november of this year just a couple weeks ago, his statements on facebook came to the attention of the fbi field office in new orleans. they were brought forward by an individual who sort of flagged his speech on the internet. specifically he talked about how to make pipe bombs. shrapnel that would have the maximum impact if they were set off. for those familiar with the washington, d.c. area, he talks about the benefits of launching one of these pipe bombs in one of the sewers in georgetown. a reference to a popular part of the city in the west end. and last week he talks about the benefits of using a pipe bomb on the third and fourth car of the metro which are sections where you have the most people who are traveling. the allegation is not that this individual was in the process of

launching a plot against the metro but charged with making threats to that effect over the internet. megyn: catherine, thanks so much. we are now getting word that a senate vote on the big tax cut deal between the president and the republicans if it passes would then open up debate in the house. and we could know by saturday where things stand if not before. house majority leader steny hoyer warning democrats are still not happy with this thing and they want in particular to increase the tax rates for the rich. take a look at what we found from a 1996 joint economic committee report entitled the reagan tax kits. lessons for tax reforms. that report found quote the reagan tax cuts showed reducing excessive tax rates stimulates growth, reduces tax avoidance and can increase amount and of tax payments generated by the rich high tax rates can induce

counter productive behavior and suppressed revenues. michael reagan joins me now. they are talking about your dad's policies and how he chose to reduce the tax rates on the rich, and he lowered the top rate from 70% to 50%. and he lowered the bottom rate from 14% to 11%. and what this joints economic committee conclude was that resulted in the rich paying more than their previous share of the tax burden. >> we can go back to 1964 and find out how difficult you get to 70%. it wassed to be 90%. it was john kennedy's tax break passed by lyndon johnson to reduce taxes from 91% down to 70% which allowed the economy to grow during the 1960s. so it isn't just the reagan

years showing if you cut tax of the the economy will grow. go back to the kennedy years and the 1920s. when my father took over in 1981 the government is bringing in 500 million dollars a year in tax revenue. when he left they were bringing in $900 million in tax rove knew. he did that by -- in tax revenue. he did that by lowering taxes. it worked. to always use the rich as a ploy being used in washington, d.c., if you notice what you just said, he actually lowered taxes not only on the rich, he lowered tax for everybody in america when he became president of the united states. megyn: your dad comes into office and starts lowering tax rates on everybody. we have graphics i want to show everybody. the joint economic committee concluded. this is the top 1%. this is the super rich. in 81 they poid 17.6% of all the personal income taxes by 88 they

were paying 27.5%. their share of the tax burden went up by 10%. take a look at the top 10% of earners. same thing. their share went up 9%. they wounds up paying more of the tax burden as the taxes were lettered. the middle class, exactly the opposite. their tax burden was lowered and their tax burden went down by 9%. they wound up paying 10% less than they had been paying when the arkansas were higher and the same for the bottom 50%. this committee concludes if you lower the tax rates on the rich, weirdly, they wind up paying more of the tax burden than they otherwise would. >> there is a points where people say, wait a minute, they are confiscating the money from

me. i'm going to do everything i cannot to pay taxes because i feel i'm paying too much. but when you lower the taxes to where people think it is fair. they don't try to hide the money and they pay what they believe are their fair share of taxes. therefore you see more money go into the coffers in washington, d.c. that's why my father said it's not a tax issue, it's a spending issue. during the reagan years only one time did he want congress to spend more money than they allocated. every other budget congress spent more money than ronald reagan asked for. megyn: when they take shots at this argument what they say is that this -- you points out accurately that calvin coolidge lowered taxes on the rich and the rich wound up paying more. the same thing with john f. kennedy and george w. bush. these four presidents are the examples folks are citing.

the earliest three cases. coolidge lowered the top tax rate from 58% to 25%. kennedy from 91% to 70%. reagan from 70% to 50%. a 20% cut. george bush it was smaller. they say that's different than what the house democrats are arguing about, a slight increase of 3%. and that that in an economic time like this when we have record deficits is hardly unreasonable. >> but they are telling you that. my father by the way went to his grave waiting for the cuts that were promised him when he was president of the united states. when he raised taxes back in the 1980s to shore up social security. he was promised $3 in spending cuts for every dollar in tax increase. he decreased taxes but of what is waiting for the spending cuts when he died in 2004. we give you 3% more money.

i gairn steve i have it won't go towards breaking count deficit. it will go towards spending and that always happens to the democrats in congress. unfortunately it happened in a rough can-controlled congress between 2001 to 2008. that's why they lost their jobs in 2008. megyn: michael reagan, always great getting your perspective. thank you so much. coming up at the top of the hour. "studio b" with shepard smith. shep: we'll talk about the tax plan and the war in afghanistan. first of all how the president handled taxes versus the healthcare debate. we'll have the pure owe chief from the "wall street journal" in. and it was richard holbrooke's dying sentence, end the war in afghanistan. now the president is about to speak. robert young pellton will give us the skinny. megyn: should that miami

dolphins player who was tripped by a jets sidelines coach siewf the team? it's a "kelly's court" where we'll show you have the tape and let you decide right after the break. are you receiving a payout from a legal settlement

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. stella: hmmm.

we're getting new medicare benefits from the new healthcare law. jane: yea. most people will get free cancer screenings. and 50 percent off of brand name prescription drugs if you're in the donut hole. stella: you read my paper. jane: i went to medicare.gov. it's open enrollment, you know. so i checked out all the options and found a better plan to fit my budget. stella: well, you know what they say...knowledge... jane: knowledge is power. megyn: "kelly's court" is back in session. crossing a fine line on the 50-yard line. new york jets getting smacked around. about to lose their second game in less than a week. exactly. the miami dolphins returning the punt and one miami jets coach decides to step in literally. dropping a knee in front of the dolphins cornerback who was

sprinting downfield to block for his teammates. sal alosi fessed up to it apologizing for what he calls an inexcusable lapse in judgment. could nolan carroll take the green machine to court for this. let's ask our panel. joey jackson and arthur aidala. this coach alosi has apologized. he will be suspended without pay for the remainder of the season. and an additional fine of $25,000 has been levied apparently by the jets against him. i ask you, joey, separate and apart from his punishment from the nfl, could and should this coach be sued? >> absolutely. i'm a figure fan of the jets, i'm not a fan of that type of conduct. we expect football is a violent sport. they go out every sunday and let it all hang out.

that's good. engage in this activity is bad. we have battery. that's when you intentionally engage in contact with another person. that he clearly did. fortunately the results here were not horrific. they could have been based upon him stepping out like that. i don't want to indict the jets as an organization. before it was a stupid act, one that's compensable under the law. megyn: assault under the law is defined as recklessly causing physical injury to another person. this player was down for a while after that coach decided to stick his knee out from the sidelines. he did go back in eventually but there is no question he was injured buyer this action. how is this not an assault. >> it's definitely assault. the people who are not responsible are the new york jets organization. the reason they are not responsible is several reasons. this was clearly an intentional act about it coach.

so people should understand just because you have insurance for your car and you are driving and you intentionally hit another car, your insurance understand dnt covered. covered -- insurance isn't covered. this is a reckless act about it coach which is'foreseen by the jets. megyn: you concede the coach sal alosi can be sued but there is no late against the jets. >> if he sued think about the damages. you have liability, clear live he's liable. what's the damage? you have got a kid who a couple minutes after the injury pops up and plays a national football game which is probably the most difficult physical exertion anyone could ask for. there is no injury. what is the damage? megyn: what about a criminal assault charge to send a message and other coaches who would mess with a professional athlete who is not looking at the sidelines

for attackers, if they mess with them they will have to pay a serious penalty. >> whether civil or criminal something needs to be pursued. the organization, too, needs to accept responsibility for establishing a crime. if you look at jets, they have been and organization -- >> you have to admit they have done that. you said this is your team. they suspended the guy for the rest of the season. a jets coach who has been there eight years is probably making $150,000 to $200,000. he will lose $50,000 of that plus another $25,000. he's away from the whole team until the end of the season. >> you know why they did that. because if not, good he will, gd

have been all over this. megyn: his job is to insure the health of the players. the jets players. but this is somebody schooled and has devoted his career to protecting the players. they are always sorry after they get caught on national television and get in trouble. if he got away with it, would he have been sorry? >> he's also been punished. he's taken away from the team. he's away from what he loves to do. he loses his salary, and he pay as fine on top of it. who knows if they will hire him again next year. the punishment has to fit the crime and you should ask the victim. the victim said it's fine with me, we won the game, i don't care. megyn: there is an argument -- we talked about this with trace yesterday. this happened years ago in a game rice versus alabama.

apparently you guys know this because you are sports fans. this nagel was tackled by another guy, tony lewis. nagle is about to score a touchdown. this guy comes off the sideline and tackles him. and this guy dickey nagle talked about this and said could have wound in a imheel chair becausea wheelchair because of this. >> you have an incident where somebody is punched. and so listen, i understand your points. there is punishment meted out by the team. about it am not enough. off the field conduct, actions like this have no place. megyn: joey is talking about a culture at the jets.

braylon edwards arrested on dui charges. the controversial locker room catcalls. been brett favre allegedly sendle the dirty texts to thatside line reporter. if i'm going after the jets as the attorney hired by this player from miami, these are the things i'll talk about. i'll talk about a culture. >> you can't hold an organization like the jets responsible for what one of their players does off hours. what takes place on the field during practice, maybe. but not's that relevant to the guy tripping the other guy. >> you establish a culture. then everybody thinks it's acceptable. that's why a message needs to be sent outside of the organization. >> what do you want him to do?

he's big trouble. megyn: got to go. one final word. this coach could have cost this player his career. thankfully that did not happen. whether the punishment is severe enough i'll leave it to you have to dee side. but could this amount to an assault legally? that's this case. this player could sue, absolutely. although a lawsuit against the jets i have got to side with arthur on that, not likely. coming up ahead. dining goes to the dogs. male announcer ] at&t introduces a new windows phone... [ exclaims ] ...with...stage presence. ♪ now get an htc surround for $199.99, and get one free. only from at&t. rethink possible.

megyn: one new hampshire family is up in arms after their son gets a controversial reading

assignment. they are outraged about the book anyoned and dimed. it refers to jesus as a quote wine gulling vagrant and a socialist. >> either the skiles intentionally agreeing with wright, taking the position that jesus was a drunken bum, or i don't know if this is worse, utterly careless in what they present the student. >> they they reviewed the book and came back with the decision the book could be used. it had some shortcomings but merits outweighed the shortcomings. megyn: they are waiting for a ruling from the curriculum committee. well-heeled canines have swanky places to celebrate the holidays. one in particular. it's called lily's kitchen diner. you have got to see this.

trace gallagher has the breaking news live from l.a. >> reporter: i don't know why this makes a news story. lily is a border terrier. it's named after the owner's border terrier. this is the only restaurant in the u.k. like this. it will only be open for six weeks. so you have got to get while the many hot. that's lily as she walks in. see the food? this by the way -- megyn: look at boy dog. >> eating the girl dog's food. there is a room that you can get to know each on ther in the back. and then there is a bouncer in there if things get too rough. they can kick you out. they can make sure the dogs are all well behaved. they are they are on the couch.

>> reporter: get the hose. megyn: first the boy dog eats the girl dog's food. then he jumps on her on the couch. the canine world has a lot of similarities. >> reporter: boys are bad. thanks, megyn. megyn: is that just my college years? any way. a college prank goes terribly wrong and one innocent snowman is dead and a bus driver is out of a job. the controversial video next. captioning made possible by fox news network p.a.d., the doctor said. p-a-d... p.a.d. isn't just poor circulation in your legs causing you pain. it more than doubles your risk of a heart attack or stroke. i was going to tell you. if you ha p.a.d., plavix can help protect you from a heart attack or stroke.

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of vitamins, fiber, or minerals. and who brings you more natural colors than campbell's condensed soups? campbell's.® it's amazing what soup can do.™ >>megyn: witness the brutal senseless murder that cost a man his job. no. no. no. no. no. my gosh.