wickileaks, being released from prison in london. he has been held on possible sex crimes in sweden, he's about to make a statement. he's been released on conditional bail. >> thank you to all the people around the world who had faith in me, who support ed my team, who put up a brave and ultimately successful fight, to authorities and people who provided money amid great difficulty and aversion, and to those who were not taken in and who peered a little

deeper from their work, and i guess finally, justice is not dead yet. during my time in solitary confinement -- >> [inaudible] >> i relied on people from around the world, with more difficult positions than those faced by me. those people also need your attention and support. and with that, i hope to

continue my work and continue to protect my innocence in this matter and to reveal, as we have not yet, the evidence from these allegations. thank you. >> what an extraordinary site. what an extraordinary site. megyn: julian assange, the man behind wickileaks which has published hundreds of thousands of secret and confidential documents, including documents that authorities here from president obama to hillary clinton to eric holder have suggested have compromised the security of our diplomats and soldiers in both helping us, including the war in afghanistan, comes out to the microphones in london, after he has spent nine days in jail. now, keel in mind, he's out on bail now. it was $300,000 worth of bail that he had to post to get out. what is this all about?

not about wickileaks. it is about a sexual assault charge filed against him in sweden by two different women who claim that during a sexual encounter, he failed to use protection, and that in sweden can amount to sexual assault, in other words, it can sort of negate the consent of the woman. that's the charge he's facing, and now they want to extradite him to sweden, a fight that -- a move that he is fighting. he doesn't want to be extradited. he fought for bail, he got it, he spent nine days in jail, as he mentioned, in solitary confinement and now he's posted bail and is out pending the need to answer these charges. he'll have to go back to sweden to do. we don't know whether that will happen. that will be the next decision the court has to making and there was a serious penalty put him on -- on him if he does flee, it was a bail plus put on him, this court worried that

this guy who's been tough to find in the past may flee geand may never face justice in connection with those charges. more on this as we get it. megyn: another fox news alert on new information coming in from a disturbing discovery in connecticut. welcome,en, by the way, to "america live opinion a thursday, i'm megyn kelly on a busy afternoon, we're following this story in new haven where firefighters have discovered a house full of bomb making materials and explosives. didn't we just see this on the west coast? >> local fbi and agents are awaiting a search warrant for the house. trace galg gallagher takes up the story from there. >> reporter: this is a duplex in new haven, the woman on the second floor noticed smoke from the first floor, she's the one who called in the fire department. when the fire department arrived, they figured you know what, we need help, they called in the cops, the fbi and inside they looked in, and what appeared to be a bomb, homemade bombs, explosive material, and

improvised explosive devices. they quickly cordoned off the house, not only did they tape the house but a truck across the street. so far they've not evacuated the neighborhood, but the street is shut down. now, the person or people who live inside the house, they're not home. they're trying to find them right now. one of the neighbors says that a couple of guys moved into this apartment on sunday, they appear to be in their 20s or 30s, white males, but again, the authorities have not contacted them yet. they have not been inside the house, because they're still waiting for that judge's warrant. here's the big caveat. so far they're saying this does not appear to be terrorism, but as we just said they haven't been inside the house, megyn, to get a good look around, and they haven't talked to the person or people who live inside the house. they simply have it blocked off, everl in -- very early in this investigation.

we'll continue to bring you breaking information as it comes in, new haven, connecticut, a house, being cordoned off because of a load of explosives. megyn: trace, thank you. for the details on this developing story, you can go to foxnews.com, we're going to bring you the new information as we learn more, foxnews.com, click object the story right from our home page. in the meantime, we have got this, a fox news alert from capitol hill, and this is big. the president's tax deal is falling apart at this very moment. you recall yesterday during this show they voted on it in the senate and passed it easily, overwhelming margins to pass it in the senate and we told you the drama was never going to be in the senate, it was going to be in the house of representatives where in particular the liberal democrats who are in the house don't like the deal. they think it has too many giveaways essentially to the rich, that would be how they phrase it. meantime it's also lost some support among certain conservative republicans who think it's actually got too many giveaways to president

obama and the left. and so there has been sort of deteriorating support for this thing, although the conventional wisdom has been it will ultimately get through. now we're hearing from our capitol hill producer chad pergram who knows about the house and how it runs that they are hitting a major stawm bling block even before it gets off the ground. chad, for those who are not steeped in house procedure and have no desire to be, can you give us the bird's eye view on what's going wrong in the house in getting this through? >> here's how this works. every day when you consider a bill you have to approve the rule. it's like baseball, today we're going to have four strikes, five bases -- bases, rather than three or four, something like that, so what they've done, they have a proposal by earl pomeroy, with a vote to hike the estate tax. you have to pass the rule before you get to the actual bill.

well, apparently, there aren't the votes there on both sides of the aisle, democrats and republicans to approve the rule. so in other words, if you can't get the rule through, you can't get the bill up, so they have yanked this bill off the floor right now and this is sort of in its stasis, it's the classic congressional paradox here where if you change the rule you might have the votes to pass the bill, but if you change the bill, you might not have the votes to pass the rule. so they're sort of stuck in this push me pull me situation right now. megyn: that analogy is helpful. in other words, they can't decide whether they're going to play the baseball game using three strikes or four strikes so the baseball game cannot get started because they can't figure out the rules by which they're going to play it. so how does this as a practical matter, what's going to happen? what most americans care about, here we are, nine days before christmas and we're wondering how much money we're going to have in our pockets come january 1st and if this house does not get through this tax deal,

we're basically going to see pretty big tax hikes on everyone if they don't come to an agreement before january. >> yeah, that's sort -- that's what is sort of hanging over everybody right now. in fact i remember talking earlier this week to a senior republican aide who said you know, the longer this hangs out there, the less support that we might have from our side, meaning the republicans' side, as the phone lines continue to light up, people continue to read what the legislation is and think about the consequences. by the same token, i had a conversation with anthony weiner from new york who said there was an overwhelming vote for this, 81 votes in support of it and he said i think that makes it a fate acconpli in the house but what the people didn't calculate was getting the rules on the floor, what are the rules we're going to play baseball by. megyn: chad, those who don't support the rule, and you say they've attached a provision that would raise the estate tax, this is what

it's come down to and our viewers know this, the democrat, anthony weiner, he was on this show last week, railing about the estate tax and this taxes peoples' estates once they die before you can pass it on to your kids, but only those estates worth $5 million, in the case of an individual, or $10 million, in the case of a couple. now, you may not be a person who has such an estate, but a lot of americans have objected to this on principle and obviously the 32,000 or so people who actually do have those estates think it's unfair to tax them 50 percent or 35 percent on that estate. so now you're telling me, is it the democrats, then, who have tried to attach to the rule a mandate that the estate tax be jacked up from the deal president obama struck? >> well, like most things, it's a combination of things. you have the democrats who feel the president sold them out, that passed this through -- you know, they -- that was a problem here, some are worried about decifit spending, you have the blue dog democrats, the

moderates who watch the fiscal bottom line and some conservatives say wait a minute, we're for the tax cuts but we want to have other types of offsets here. it's a combination of things, and that's usually why, when an issue gets into trouble on capitol hill, it's usually a multiplicity of issues. megyn: how -- i got to go, chad, but i got to get this in, how is nancy pelosi going to pull her caucus together, get this straightened out and get what the president wants, which is an up or down vote on this bill? >> that's the debate of the hour now. i'm outside the speaker's office, they are huddled in there, talking about what the next step going forward is, they could amend the rule, try to do this as a suspension, where they don't have to go to the rules committee but need a two-thirds majority. nobody sees a way out of this legislative cul-de-sac yet. megyn: we said there was going to be trouble in the house, we didn't anticipate this. i want to tell you that bret baier is coming up shortly

to give us this perspective. he says this is significant, so he's going to add more, and we'll bring him up shortly. in the meantime, there is this: four bodies, found dumped on the side of a road, right near a ritsy neighborhood on long island, new york. could one of those bodies be this missing woman? new details on the case that has wondering if there is a modern day jacket ripper in the playground of the rich and famous in new york. plus a parent now suing mcdonald's over its happy meals and she wants to make this a class action, meaning all of you and your kids could potentially be involved. whatever happened to parental responsibility? and you know what to do in the event of a nuclear attack? the government has new tips for you and here's a preview. this is not your mother's duck and cover. >> it's a bomb! duck and cover. he is ready for it. duck and cover! duck and cover, under the

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megyn: fox news alert. is there a serial killer loose in new york? chilling new developments breaking now on new york's long island, police and federal agents, pouring into an exclusive beach neighborhood, searching the home for a -- where a new jersey woman was last seen in may. police say that woman, shown there, shannon gilbert, was a prostitute, and the man whose home was searched and actually has been being searched all morning tells a local paper that he had hired her as, quote, his date. well, just down the road, the bodies of four women have now been discovered, and police are trying to determine if gilbert's body is one of them. and if they have a possible jacket ripper on their hands. trace gallagher has more on this one. trace.

>> reporter: boy you're right, megyn, the cops have swarmed all over this house on long island, talking about police detectives, crime scene units, even canine units on the scene, they have secured this house and impounded an suv that was parked in the driveway, police, of course, looking at -- looking at the place because it was the last place that 24-year-old shannon gilbert was seen, a prostitute, hired by the owner of the house joseph brewer. this all happened on may first. now, brewer says that he contacted her on craition list for a date but that during the night she got agitated and left. keep in mind this is the very same night that gilbert made a 911 call claiming that brewer was trying to kill her, she even ran to a neighbor's house for help, that neighbor called the cops and gilbert fled. that was the last time she was seen. gilbert's family believes that her body is one of the four that was found on the

beach. those beaches, by the way, are 35 miles away from where brewer lives. so, by the way, does another family of a woman named megan waterman, a craition list escort who also had a client the night she disappeared. here's her mother: listen. >> me an my whole family tried to tell her how dangerous it was, doing what she was doing, so yeah, we had concerns that the kids were in this industry that was so dangerous. >> very important to note, the man that police are focusing on have been interviewed by police a number of times, he continues to maintain his story that she left, she was agitated and left. he has not been arrested yet and the final note is that some detectives are trying to see if maybe these crimes tie in to the death, the murders, of four prostitutes in atlantic city, new jersey. megyn: i want to ask you about shannon gilbert, the

one you focused on in your report, whose picture you showed us. you reported that she did get away, that she called neighbors to complain or she called and said that he was trying to kill her and that she did get away. does that information come from him, the part about her getting away, or has that been independently verified? >> the information came from a neighbor. she knocked on a neighbor's house. as she knocked on the neighbor's house, the neighbor called the police, the neighbor reports that she then fled. that's the last time anybody saw her. she then fled. she was not seen again. megyn: was he interviewed by police that night, nerd, are police cargoo did they say anything about whether he has an alibi after the moments she fled the neighbor? >> you're talking about mr. brewer. >> yes. >> that's unclear. mr. brewer says she left because she was agitated and fled, presumably then went to the neighbor's house, after there, the timeline gets very gray. that's when police went back and interviewed mr. brewer a

number of times, and now they're back at his house today. but again, he has not been arrested in this case. they have been out there because that 911 call that shannon gilbert made identified the man, so police went out there and they contacted him and they questioned him on several occasions, and now they're back at that house, megyn. megyn: this is incredible, and now you're talking about four other dead bodies in another region of the country. i mean, we're going to stay on this. this is obviously disturbing on a number of levels. trace, thank you. >> yes, okay. megyn: well, just coming into "america live" at this moment, stunning new numbers on what americans think of the job that president obama is doing. we've got that breaking news for you, three minutes away. plus, las vegas police are hunting for the bellagio bandit as he's being called, a thief who made off with 1 1/2 million dollars worth of gambling chips but investigators say there may be something he didn't bet on. and a full-scale man

hunt going on now along the arizona border after a border agent is gunned down in a drug corridor, and now there are new calls from many for the feds to step in. >> here we've heard nothing but the border is more secure than ever, unprecedented resources, enough of this nonsense and political speak. we've got to secure this border once and for all.

megyn: well, breaking news on the death of a hollywood legend. you may not recognize his face but you know his work. we just got word that blake edwards has died, director behind films like "breakfast at tiffany's" and "the pink panther" and many, many popular films, his wife, julie andrews and other

family members were at his side, he was a screenwriter, producer and actor. blake ed wartsdz -- edwards, dead at the age of # eight. fox news alert, president obama's approval ratings taking a dive to a new low, a fox news dynamics poll coming out, first time you're seeing this, showing only 40 percent of americans approve of the job the president is doing. 51 percent now disapprove. and a growing number in that disapprove column are from the president's own party, the very people who helped push the president into office on a message of hope and change. so what exactly has changed now? pennsylvania governor ed rendell, former chairman of the democratic national committee is my guest now. governor, good afternoon to you. what do you make of it? >> well, i wouldn't make too much of it, megyn. if you looked at ronald reagan a month after the mid-term elections his first year, his approval rating was as low and he went about to win one of the biggest

majorities in american political history. abe lincoln, i always talk about lincoln, if we had these approval ratings towards lincoln's first term, during his first term, he would have been down to # or 8 percent, yet he stayed the course, did what was right and got reelected handily. look, there's liberal dissatisfaction, but my message to the liberals is you can't always get what you want and i think president obama did a good deal for our constituents for the working men and women of america. there was a good deal. it wasn't perfect, but it was a good deal, and they should really, you know, understand the pressures and what's possible, and isn't possible. but in the end, i marijuana tee thaw every one of those liberals who says that president obama is not doing a good job will vote for him for reelection. megyn: they're going to vote for him as opposed to a republican. the question is who will challenge him in the primary but most political thinkers say it's not going to happen. you talked about rag ain and their low approval ratings but the experts say there

are two distinctions between how those guys won relegs and what we're looking at currently and two things, both presidents were able to do before they ran for reelection that may not be possible here were, number one, they had lower unemployment rates, lower than 7 percent, and here we are at 9.6 and president obama, even his experts are not predicting we're going to get below eight, 8 1/2 by the time he runs for reelection and number two, they both managed to broaden their coalitions to help get them elected before they had to run for reelection and i want to show you shall poll by gone ul, to track how the republicans, democrats and independents are responding to the president now. look at this, governor, this is the difference between november and december, democrats, they took a 3 percent hit over the past month, maybe they didn't like the, tax bill, as they said, republican, went up one point from 12 to 13 percent, maybe they liked the tax bill. independents, though, not moving that much, 36 percent

in november, now they're down to 34 ambassadors ambassadors, but it's that last line, governor, if you're talking to president obama about his reelection chances, isn't that the one you're going to focus on? >> well, sure. there's no question about that. but i think president obama has two things to do, improve the economy, and it is happening, megyn. i just had an announcement in the capital, pennsylvania's unemployment rate fell for the fourth straight month, we're down at 8.6% and we're a large industrial state, we've gained 65,000 jobs since january 1st. that's not where i'd like us to be but it's certainly moving it in the right direction so, who knows what the economy is going to be like october of 2010. that's number one. i don't think you know or i know. number two, president obama has got to govern. if he governs, if he does things like bringing about the compromise like he did on the tax bill, if he does that on education, if he does it on energy and if he's real serious about and puts in place significant steps towards decifit

reduction, i think you'll see those numbers among independents go way, way up. megyn: let me ask you, there was a piece by karl rove talking about how president obama's approval rating, particularly with independents, talking about how independents voted republican in november by a 58-39 percent margin, which isn't too shocking given what we just saw from gallup, the lower approval ratings amongst the independents for the president, he says that the problem president obama has is that he's had a negative message to many times, that he says he's incapable of constructing a positive narrative, and has just been sort of finding different boogiemen, talking about the wall street fat cats and attacking rush limbaugh or taking shots at people who back things that the tea party backs, and he says this is a quote from rove, he seems unaware his attacks are creating a vast army of people who feel personally assaulted by him. your thoughts on that, sir. >> i don't think karl rove

is entirely wrong. again, the base itself, i supported what president obama did, but i thought he should have treated our liberal base a little more kindly, and said, you know, i feel your pain. this was a bill that i didn't think was perfect, i didn't like parts of it, i feel your pain, but it's necessary to govern and i'm the guy who has to make it work. look, all of this fades, though, if president obama can prove that he can govern, that he can bring about with the split and divide power in washington, he can bring about progress on the taxes and the budget, progress on decifit reduction, an education bill, an energy bill. if he does that he'll prove he can lead and he'll get reelected and i think more easily than anybody expects. megyn: even though we have it on tape to play back! check your work, governor. thank you for your time. >> thanks megyn. megyn: all the best. we have breaking news on the tax deal that is falling apart as quickly as the snow

is falling on that capitol dome and there's word that we could actually see the government shut down starting this weekend because of this budget deal in big trouble. that's why they needed the omnibus spending bill, to keep the government running, then they attached on all that pork, almost $9 billion worth, and now people are balking and if they don't pass something, we're going to tell you what that means, both for your wallet and your life, three minutes away. well, america has a brand new plan if we happen to get nuked. forget dug and cover! we're going to show you the new instructions you're supposed to follow, just ahead.

megyn: the clock is ticking on capitol hill where congress needs to come to a consensus on a massive spending bill or the government will shut down. republicans are protesting that this bill is full of pork barrel projects. some of which the gop put there itself. so there they block this thing? jim angle is live in washington with an update. >> senate democratic leader

harry reid is still going to bring the omnibus bill to a vote this week but republicans continue to fight it. >> they want to ram this gigantic spending bill through congress. and they are using the christmas break as an inducement to vote for it. we know this is not the way to legislate. americans expect more from congress and they demanded more on election day. >> reporter: today mcconnell introduced the clean one-page continuing resolution which would fund the government current spending levels through february 18, giving lawmakers time to examine the bill more closely. the democrats say they knew huh big it would be. >> it's true, it's over a trillion dollars.

it's $1.1 trillion in this bill. but what hasn't been said by senators mcconnell and kyl is that's the amount they asked for. >> reporter: but the number of earmarks from republicans and democrats which one long-time opponent told fox he is determined to stop. >> 6 thundershower>> 6,883. one is $300,000 for the polynesian voyaging society in hawaii. $175,000 for maple syrup research in vermont. >> reporter: some can be legitimate spending needs. but republicans make the issue different' not that law makingers are proposing spending. it's that such proposals should

be judgedly on the merits and not rushed through without prop were scrutiny. 34 days they argue is not enough to distinguish the worthy projects from the greasiest of pork. jim angle keys up the debate quite nicely. the democrats want a 2,000-page bill. and then the republicans are their one sheet which they say will get us through to february and we should start there. i take you you believe the republicans. >> we should because this is such a massive spending bill. no one knows what's in it. that's what the democrats' purpose was here. they are saying fine, you want to shut down the government? we'll blame you for it. they are trying to go shopping for christmas without having to pay for it. a lot of the stuff in there is basically kickbacks saying you took care of me, i owe you and

i'll throw this in here. meanwhile this bill depends nuclear waste issues. we are going to cut that. but we are going to have half a million dollars for a bike trail in mississippi. give me a break. megyn: why don't they just -- they and the republicans who said they don't want it pull out all of this pork, all of these earmarks and let a vote go on that. the national review online called this bill and i quote, the legislative equivalent of a middle finger to americans. >> i wouldn't go that far. i know it does need to get passed. it is the legislative equivalent of a final exam and a test we are going to take. we have three tests and i can only get an a on one of them. let's get that one a he we can go home to mom and dad and say

look what i brought home to you have. megyn: i don't know what you are talking about. >> this is not so much a threat -- december 18 there will be something happened. the bill will be passed and there will be no trouble. megyn: the question now is should the republicans dig in their heels, not vote for this thing and cause a government shutdown? they have say sit wouldn't be us causing it. the last time they forced a government shutdown it did not work to their advantage. >> i think people -- they showed that in november, they were tired of this excess spending. most people will be with their families over christmas. they won't even notice there is a government shutdown. people are saying we are tired of paying for it. >> they will notice. you have got to get through and get it taken care of.

the american citizens deserve to get the job done. >> do what the president promised. what did he promise when he campaigned? he said every american will have a chance to read these bills. we'll have an open process and i'm not going to be in favor of fork barrel spend and all of these earmarks. that's what's in this bill. people don't have time to read it. that's what he said he was going to do. he promised. this was hope and change. >> this is what we are talking about. let many get this taken care of. let many talk about the omnibus and get it taken care of. i think president obama has capitulated enough. certainly it's far more than any democrat wants to lean on. but we capitulated. so the politics of no are gone. let many get this taken care of

and move aside. megyn: rob and ben, thank you very much it's been a busy day as you today third. we have breaking news from florida. a big hearing just wrapped up on the healthcare overhaul and a huge let challenge to it. 20 states versus the feds over whether this law is constitutional. you thought the last word had come in from virginia last week? it wasn't. we'll go to that courthouse for that significant lawsuit in 10 minutes. is the happy meal a fun treat or hamburger horror. a mother pushing for a class action lawsuit that will change the way america eats if she has her way. a big serving a controversy three minutes away. >> i'm sympathetic to the parents challenging marketing towards unfair that leads to unhealthy food choices. >> i doubt they are going to have something to harm them. flattered when regenerist beat

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john: yea, well, there you go. beth: yea, so what else is new? john: well, i just changed my medicare plan. beth: open enrollment? john: yup. i compared plans and found better coverage for me. beth: of course you noticed the new benefits we get under the new healthcare law. john: what? beth: well, like 50 percent off brand name prescription drugs for people who are in the donut hole. john: really? i didn't know that. beth: you have to keep up. john: come on. i'll keep up. anncr: it's open enrollment. time to compare and review plans at medicare.gov or call 1-800-medicare.

megyn: the president's tax deal is falling apart at this moment on capitol hill. we expect a debate in the house of representatives this afternoon on that tax deal that passed in the senate. but the democrats couldn't have the votes to even get the debate started. they can't agree on the rules to get the debate started. it could mean no tax deal. this thing is suddenly on hold. considering that tax could jump for millions of americans, basically every american taxpayer. if this doesn't pass, this is a big deal and bret baier should be here in 10 minutes to explain the to us. mcdone alds boasts bill -- mcdonald's boasts millions served. but have they been exploiting children? one california mother says yes.

with the help from an advocacy group says the promise of a toy is getting into her children's heads, forcing her to constantly deny trips to the golden arches and she is sick of it. mimi, she says, i'm concerned about the health of my children and mcdonald should be a limited part of their diet and childhood experience. there is only so many times a mother can say no. and some of our viewers would say no. what about parental responsibility. >> parenting is not for whim muchs. but the heart of this lawsuit is not the parenting but the exploitation of children. the whole idea is to exploit the child. megyn: i think we can agree

targets. >> children need special protection. they are not part of the free market. when an adult has an established relationship with other people's children. megyn: then you shouldn't allow any advertising that targets children. >> they are not mature enough to understand the difference between an advertising message versus something that's honest. megyn: we are not going to watch the television and we are not going to go to mcdonald. if you start eliminating the happy meal toys. and they have been banned in san francisco. but she wants them band everywhere. you have to ban the playland at mcdonald's? >> that many parts of their marketing plan, too. market knowledge should be directed to the parents and the

parents should decide what to communicate to their children. i don't think that in this time -- megyn: no child will distinguish if it says with your happy meal the child gets a free barbie. the kid hears free barbie and says i want to go. >> if you are going to give a prize to a child for eating a meal, at least meet some basic nutritional requirement. the default happy meal will come with a soda and fries. that's a bomb of sugar and fat. if they gave a low-fat meal -- megyn: they offered low-fat alternatives. you can get the apple dipping sticks. >> there are 2 combination that are remotely -- meg will be can't you say a restaurant like mcdonelands has the -- a restaurant like mcdonald's, so

parents who say we are going and you are getting the apple sticks. >> i want to go back to the principle of marketing to children. i will never agree it's okay to market to a child. you don't want any adult trying to establish a direct relationship with somebody else's child. megyn: you have to ban he much. >> but children deserve special protection. er in not adults. market to adults, give them access to any -- megyn: the mouse at chuck e. cheese, does he need to go? >> i worked at chuck e. cheese and i dressed up as that mouse when i was a teenager. it was a long time ago. i didn't know kid would be so fat and sickly. megyn: we have breaking news on this major challenge to the healthcare overhaul. 20 states now pursuing it.

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megyn: a major hearing has just wrapped up over whether the president's big healthcare overhayes constitutional. 20 states versus the feds in a florida courtroom and phil keating is live with an update from pensacola. >> reporter: spirited legal points, counter points and devil's advocate questioning by the judge in downtown pensacola. each side got about an hour to make its case as to whether obama's healthcare reform is constitutional or not. the plaintiffs, the 20 attorneys general does not have the power

to force every american to buy health insurance. they are argue declining to buy healthcare coverage is not an activity. >> the argument that should be persuasive to this court and we hope will be is it's unconstitutional because there is no enumerated power in the constitution that gives congress the right to tell people they have to buy products or else suffer a penalty. >> reporter: after president obama signed the affordable care act into law. florida's attorney general filed this lawsuit. he argued it's also unconstitutional to force the states to expand their medicaid programs which will cost florida alone about a billion dollars a year. the government argues every one will need to use healthcare

which will affect interstate commerce. two federal judges have ruled it is constitutionle. virginia ruled unconstitutional. this decision will come down next month. megyn: this is significant given the number of states involved tonight. breaking news on new fox polls. we have polls that may spell trouble for president obama's run in 2. >in 2012. new clues to today on what happened to amelia earhardt. coming up the story behind the tragic murder of this border patrol agent. >> he was a great guy. he loved his job.

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megyn: new developments on a report that the president's tax bill is in trouble. its fate is far from certain in the house of representatives and there is no guarantee every american worker won't see a tax hike come january 1. welcome, name megyn kelly. this tax bill vote was expected to come in the house around dinner time today. conventional wisdom said sit would pass. now all bets are off. the anchor of "special report" bret baier is here with the break details. this thing is literally falling apart in the house. >> reporter: it's a snowy day in washington, the streets are a mess and the situation on the floor of the house is a mess. they came out of the rules committee to unveil how this tax

bill was going to be debate, then voted on. the rule is a blue prifnts how t of how it's going to go. they didn't have the votes to pass the blue print because no lawmaker liked the what it was set up. and there was a provision in there that if they passed an amendment to adjust the estate tax provision -- when talked about how house democrats don't like that provision, fit was amended at all it would be bummed over to the senate and so they didn't like how it was structured. they sent it back the rules committee and they will come up with a new blue print of how to do it. they probably still have the votes to get it through once they figure out how the blue print will look like.

megyn: why can't they figure it out. nancy pelosi runs the house. aren't they the ones who write the rules? can't they write the rule they want then have a debate? >> reporter: they sceud i -- thy screwed it up. some democrats want to be express their dissatisfaction. they want to say we don't like the estate tax provision that's in there, but they want to vote on the overall bill it's walking this path of making everybody happy but eventually getting vote on the house floor. they screwed up the initial rollout. they have got to go back to committee and try it again. megyn: astiewmmegyn: assuming tt this procedural hurdle. is the conventional which tomorrow correct people believe they have the votes to pass this

thing? >> reporter: they still do. they believe in the end because of all the arm twist the white house has done. the president made personal phone calls to lawmakers saying this is imperative for my administration. the republicans have pressured lawmakers. there are some who will peel off and the vote is going to be close. but the conventional which coming in this snowy city today, that it's going to pass. once they figure out how to get it out there. northeast. megyn: snowy and flurry and tough to see outside that window behind you. thanks, bret. a fox news alert. the head of homeland security is headed to our southern border. secretary janet napolitano is set to meet with border agents after bun was gunned down.

brian perry, a former marine killed by the bandits who roam the lawless region, raping, killing illegal immigrants. >> reporter: janet napolitano will meet with border agents in nogales, arizona. that's the largest border patrol station in the country. but this is very tricky for the homeland security secretary because she has many times said this area is largely secure. but now you have law enforcement and lawmakers saying there continues to be a major problem. this is a major corridor for drug smugglers and human smugglers and it's being overrun by the bandits you talked about, the ones targeting the illegals as well as drug smuggling. a gunfight broke out.

brian perry was shot and killed. his colleagues called him a cop's cop. his family called him a rock. >> he's the rock of the family. he kept everyone together. people don't know how much it hits home until it happens to you. but our family is suffering and affected by it. >> reporter: they are still searching for the fifth bandit involved in this shooting. as more the homeland security secretary, she is getting more calls now to secure the border and send more troops. pautroops. >> we heard nothing but the border is more secure than ever. enough of this nonsense and political speak. we have to secure this border once and for all. >> reporter: janet napolitano is the former arizona governor,

she'll be in arizona today and all day tomorrow. megyn: this will be the sixth trip to the border for janet napolitano as homeland security secretary. she has been to mexico city as well. had binge iwell. you can check out our new web site for more detailed information on this story. once again, foxnewsladino.com. p. one poll shows one-third of those surveyed think the president should be reelected. 35% say he deserves reelection. 53% say the country would be better off with someone else. 9% say it's too soon to say.

eric? >> reporter: there are some more numbers. the new fox news opinion dynamics poll has stark and stunning numbers. just 29%, less than one-third of americans believe the president will be reelected in 2012. an overwhelming majority their he will not earn a second term. last year the numbers were pretty much evenly split. a slim majority of 50% disapprove of the job the president is doing. the results of the mid-term elections niewld by the tea party activists. on that, when asked what best describes their feelings on the outcome of the mid-terms 60% said they were happy. less than a third or 27% said they were unhappy. an overwhelming majority like

the tax deal that extend the tax cuts. it turn out most people think the tax cuts should continue. it's also interesting to note at the same point in his administration two years into it president george w. bush's approval rarityings stood at 6 63%. president clinton and reagan's job approvals were pretty much where president obama's is. in the low 40s. president clinton stood at 42%, two points higher than the president is now. president reagan's was 41%. it's interesting to note that both won reelection two years later. megyn: brand-new details on what prompted a deadly shootout at a florida school board meeting. what happened to clay duke's

wife. the terrifying 911 call. she was all ready for the big day. but her hubby to be had other ideas. cold feet that cost one bride $95,000. and she is not going quietly. in "kelly's court." plus she vanished way back in 1937. one of history's greatest mysteries. today what could be a new clue and what happened to pioneer aviator amelia earhardt. islanded after fighting all the cows in the neighborhood and rolled up to the farmer's front door. are often a good source are often a good source 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.™

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megyn: new information on a dramatic school board shooting that was caught on video. the white of the exconvict gunman was fired from her special needs teaching job last

february. investigators say the loss of that job was one of the reasons clay duke held school board members hostage and firing at them. one woman who duke told to leave the room came back in in an attempt to not gun out of his hand. we are also hearing the 911 ca call. melling * we are told that duke was dead by the time that emergency call ended. entire ordeal lasted 6 minutes. he spray painted the letter v, the same symbol from the movie "v" for convenien for vendetta .

incredibly nobody else was injured. he died after exchanging fire with a security guard. secretary janet napolitano en route to arizona to meet with border patrol agents after one agent was gunned down and killed on duty. he was a former marine. joining us now, the former chief of staff at customs and border protection. thank you so much for being here with us. so put this in perspective for us. you have got the feds saying that they are going to devote every resource to tracking down the shooter and the person behind this murder. you have some of the local border agents saying that's tough talk because we are not getting the support we need from the feds. >> first of all, my sympathies

go out to the agent and his family. it is a tragedy. i thank you as the fox news for covering this. we have a situation where you have bandit gangs in the border area. they are the lowest of the low of the criminal life. they are trying to rob the smuggling loads. ththese agencies that went to confront them are a special operations team. they are well equipped. they knew they would encounter armed criminals. unfortunately in a gunfight agent terry was killed. about the doesn't mean no matter war type of resource are devoted and what type of tough talk happens we won't continue to see these types of incidents. there is money to be made by smuggling drugs and people across the border. as long as there is people will continue to do that and they

will confront our law enforcement agents down there. megyn: it's some of what a head scratcher. you have the obama administration say we have devoted a lot of resources to this. he signed a $600 million border security initiative. he sent 1,200 national guards men to the region. they talk about the record deportation of illegals. yet you have officials from the region like sheriff paul babeau who is on america's newsroom saying things like this. take a listen to him. >> we have heard nothing bust border is more secure than ever. we have got to secure this border once and for all. we had just this past week other bandits using what appear to be a police car with lights antiremembers, red and blue lights, push bumper, stopping

vehicles trying to steal drugs from cartel members in my county. this goes on on a daily basis. for janet napolitano now out here doesn't even talk to me. doesn't talk to other sheriffs because we have a different opinion than her. and about the reality what our country is facing. megyn: is there more that the feds can and should be doing? >> there is always more that can be done. while it may be factual to say they have more resource than they have had before, particularly in arizona. it doesn't mean that border is safe or that we are even most of the way there to making it safe. i sympathize with the sheriff and the pints he's make. there is no excuse why he feels he is not getting communication out of washington. i don't know where the truth lies. the secretary was the former governor of arizona.

but the broader point -- were all going to be frustrated when we see incidents like this it is a recognition that the job is far from done in securing the border. particularly in as * in the tucson sector which is ground zero for this activity. and there have been successes in downturn overall in illegal activity. megyn: they point out deadly attacks against agents even in this area are rare. it's been 12 years since this happened. but the question is whether it's getting more dangerous and we need to be payin paying more attention. we have the murder of rancher robert krentz. we have the american couple who said her husband was gunned down. the investigators gets beheaded

shortly thereafter. so you put it in perspective how dangerous it is in comparison to history. >> that an important point. i'll overall illegal crossings may be down. the violence can be in part a response to some of the successes had by both u.s. agencies as well as the mix con agencies. in the past when drug organizations could slip across, there was no reason to engage in violence. now they are being squeeze on both sieftds border, they are going to lash out more. you also have leadership changes. they become more frag meanted. people who weren't willing to risk attacking law enforcement because it was bad for business are being re placed by younger more aggressive leaders. the border patrol shows remarkable restraint.

over the last year there were 1,000 incidents in which border patrol agents were assaulted. only 13 times did they respond with deadly force. they are a law enforcement agency it's not a combat zone where they have free fire rules in place. maybe we should look at when they can use force. but you have got to commend these agents for putting their lives on the line on a daily basis and never knowing when they will face a situation like the one agent terry faced. megyn: thanks for being here. our thoughts and condolences are with brian terry's family today. we have been promising the new government guide lines on how to best you are strive a nuclear attack. we'll have those for you three minutes away. new information on a real life good samaritan. look at this woman coming over to help the police officer. as others drove by, she ran into

this scene to the officer's rescue as he was being attacked. today we know the rest of her story. and we'll bring it to you. harry reid says he's ready to work through the holidays just about to pass his legislative wish list. the debate over angry accusations from republicans in response just ahead. mom, new shoes? old legs. p.a.d., the doctor said.

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megyn: we have been following reports that the president's tax

deal is in trouble at this moment in the house. our capitol hill team says the house speaker nancy pelosi is speaking in an extremely animated session. that's how our producer put it with several members of the democratic caucus. those who have been most vocal in opposing this deal. the fate of this bill is now far from certain. i'm trying to look over on the big screen to see if i see her. i don't see it in the pictures we are showing to you. but this is how it has been described to us. there is no guarantee that every single american worker is not going see a major tax hike come january 1 if they don't get something hammered out on capitol hill. we'll bring scene update as we get. >> this is what you do if you should be in a corridor. you duck and cover tight against

the wall. keep your face and the back of your neck covered tightly it's a bomb ... duck and cover. a bomb can explode any time of the day or night. duck and cover. that a by. that flash means act fast. megyn: how could you forget the duck and cover drizzle. america has a new plan if we get nuked. the government releasing new guidance on what to do if a nuclear bomb is ever dropped on us. trace gallagher has the details. take two aspirin and kiss your butt good-bye? >> reporter: it's close. that duck and cover stup we had when i was a kid. megyn: the kid who put the newspaper over his head within th will work. report report scientists have been looking at these nuclear test bombs for years.

they figure the inferno wind and the heat, the real deadly part of nuclear bombs is the actual fallout. the radiation. so during the nuclear attack don't just duck and cover. you have got to get inside something. inside away from the radiation. if you can stay out of the radiation for a few hours your survivability rate goes way up. the department of homeland security has been using models. compute course try and simulate bombs going off in a place like los angeles. they say from ground zero and a mile out if nobody takes shelter the death toll would be 285,000. if you got into just your car, that death toll would go down to 125,000. if you got into a basement it goes down to 45,000, and if you

are in the newsroom. that the core of the building, it goes even lower than that. so you just get inside something, your odds go way, way up. the government kearse is work on the theory nobody is going to get to you within one to three days so you may have to sit there for a while. duck and cover is outs. you have got to get inside something to survive. the odds of a terrorist with a nuke prar bomb are almost zero but others say it's pretty high. megyn: that's good to know for those of us who work in the windowless building in the basement. i hope that little tony who got parades on the video for throwing himself on the sidewalk is listening. apparently -- here he is. that's not right, tony. run down to the basement. >> reporter: tony is now 87 years old and he knows better. megyn: trace, i think you did some good today.

is senate majority leader harry reid trying to steal christmas? >> are calling him a grinch saying he's disrespecting one of the holiest days of the year. something old, something new and a tbried feeling blue. can she get stuck with $100,000 and the groom giving love a bad name? "kelly's court."

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megyn: we have breaking news from capitol hill. we are learning more about what could have been an ugly situation. police say they cuffed a man joust outside the capital building after he claimed to have a gun. he walked to an officer become aggressive and making threats. another officer tack manied the suspect -- tackled the suspect from behind. no weapon was found and the suspect was not identified publicly. police say they are not familiar with the man and they are not sure what he wanted. >> senate majority leader harry reid a grinch? is he try something scrooge his colleagues with plans to keep the senate in session until

christmas eve then call everyone back before new years? some republicans think so. jon kyl accusing him of disrespecting one of the holiest days for christians. reid firing back. >> i don't need to hear lectures to remind me of what christmas means. my question, madame president, is where were their concerns about christmas with filibuster after fill busker during this entire congress. dose have a point? simon rosenberg, and rich lowry, the evidencer to of the national review. they are here with me on the set which is always fun. you never know where that could go. so they say he's a scrooge. he says i don't need

sanctimonious lectures from you. you held up my legislative agenda items this year. >> these are politicians. they have some discount for partisan hypocrisy. if the situation were reversed, democrats would be screaming about christmas. fundamentally what's going on is harry reid is trying to jam through as much as he can before a congress takes over that better represents the american people because it was just elected. so he should be doing two things. deal with the taxes, keep government running. there is no need for the rest of this. let the legitimately elected congress deal with it. fan * the democrats are still in control. they have more numbers now. why shouldn't he take advantage of that. >> the democrats are trying to finish business. republicans filibuster, they play games entire calendar. this is stuff the democrats have been trying to get done all

year. the whining coming out of the rough can leadership about having to work between christmas and new year's is ridiculous. our armed service members are working between christmas and new year's all over the world. middle class workers are working between christmas and new year's. why can't the congress do the same work. megyn: that's what harry reid said. he said most americans don't have a two-week holiday for christmas. jon kyl said we need to go home and see our constituents. >> a huge debate is going on over this omnibus bill. only reason it's being debate now is because democrats didn't do it the entire year. the only reason they didn't do it was they didn't want to highlight it before the election. so to blame republican delaying across particulars for the democrats' own cowardice on

that ... megyn: ... >> there has been a lot of strong language. one of the things that could get held up in this. it's the start treaty. you hear religious leaders saying we should be working towards peace and passing legislation that will contribute to peace in the world. >> i don't loom for arms control advice. even the russian, there is no reason to pass this thing in the next two weeks. it's another way to avoid will of the people has represented about it new congress. megyn: what has the republicans the most upset about having to come back before and after christmas? the omnibus spending bill? >> it's at top of the list. megyn: they say the republicans have been working with democrats behind closed doors. >> this is a split in the

republican party. if it gets through it will be because of republicans on the appropriations committee. they are a different breed. they are not democrats foremost or republicans foremost. they are spenders. megyn: they are earmark lovers. >> and they probably hate christmas, too. megyn: people are watching that spending bill. on the heels of this deficit commission it's basically a national emergency. we come out and get a tax deal the critics say will add hundreds of billions to the deficit. then on top of that a trillion dollar spending bill laden with $9 billion worth of pork. can you understand why congress has approval rates at a record loaf? >> i think what will be important. the democrats are saying if the republicans can focus we can get this done and get out of town. megyn: how are they going to compromise. are they going to vote for all that pork?

>> it's interesting how many republican senators are getting hundreds of millions of dollars in earmarks. megyn: the american people are going to be ticked. >> i think it will pass the house. the omnibus will pass both bodies. we'll get the start treaty done. and we'll even the year strong. it will send a signal to the american people. despite the incredible partisan fighting, the parties can come together and solve problems. >> president obama is awol on that. he has come out and said's against earmarks and what a threat the debt is. why doesn't he say the business an atrocity and in the new we are we'll we'll tart over. mel -- we'll start over. megyn: i'm sure it came as no surprise to the white house. the president signed a bill full of earmarks.

he said i didn't like it but i had to. >> it many the senate trying to jam the resolution. stripped down measure to teach the government running. why can't the senate do the same thing before christmas eve and we can celebrate christmas and everyone will be happy. and everything is wonderful. megyn: thank you, santa. thank you both so much. coming up at the top of the hour, "studio b" with shepard smith. shep: right at top of the hour we'll speak with the man who went into the school board meeting in panama city, florida and very lightly saved the day as he shot at a man who had come in with a gun. in addition, outrage about an excuse drug. great fears the person being put to death will suffer mightily.

megyn: amelia earhardt, her navigator and her plane vanished into thin air. 70 years later a new clue on what happened to her. and she was all set to be the belle of the ball at her gala wedding until the groom jumped ship. now she is saying nothing puts me in a corner with a $90,000 wedding bill. and what he did a few days before the wedding. you will be shocked in "kelly's court." during the break you can collect out some of the facts at foxnews.com/americalive. read up on the case before the gavel drops next. [ male announcer ] it's simplehysics...

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$10,000 on a band. five days before holy matrimony mr. right bailed. the red-blooded bad boy gets cold feet and a cold heart, leaving his fiance with a $95,000 bill and 250 phone calls to make. now she wants help paying for the greatest story never told. should she get? let's ask our panel. lee armstrong and kimberly guilfoyle. ladies first on this one. she is not happy. does she have a case. >> she has a case. under illinois law shes is entitled to recover the actual costs. i don't think she'll prevail on

the intentional infliction of emotional distress. i think he should pay for the whole thing. show me the green, show me the money. he was at the pink monkey engage in you are in tiengagein flirta. megyn: she claims he engaged in lewd acts the the pink monkey. she says he went there and didn't call her for a few days after the bachelor party. she alleges he had lap dances and called her up and set wedding is off. now he doesn't want to pay. >> i never heard of a guy going to a strip club for his bachelor party. that's ridiculous. who says lap dances happened there. megyn: she did. >> you said alleges.

that's all we have. you can absolutely recover the actual damages. you can't -- she is suing for pain and suffering and intentional infliction. as kimberly said, she can't get that. on the actual damages, the question is what part did he play in this? perhaps what happened here is he had the epiphany when he saw $a $12,000 bill for flowers. i can't marry a woman who will spend $12,000 on flowers. megyn: he should have piped up before she spent all that. >> this takes a lot of planning and he knew. you and your buddy, he knew a year and 3 months ahead of time that he didn't want to go through with it and he strung her along. >> where did you get that from? megyn: she alleges it. >> he said no, what are you

talking about? >> i don't even know his name. megyn: i know his name. >> vito. >> he gets taken advantage all his life. he has a fiance and she is such a nag and she bullies him all the time. i'm doing the same thing -- i'm guessing as to what might have happened. if that the case and he said don't go over $10,000 and she hands him a $100,000 bill for the wedding, how can you say it's fair and reasonable to pay that. megyn: what if they agreed on this wedding? let me put the list up. look at all these things. $30,000 for the banquet hall. $10,000 for the orchestra. $5,000 for the dress

accessories. but kimberly, can you tell me -- why should the guy have to pay all of it. why shouldn't she split it with him. >> because she is a woman. >> it's not just that. the fact of the matter is that he was underhanded. it was unfair, unkind, irresponsible because he knew over a year in advance. he could have prevented these costs from being incurred if he was man enough to say i'm having second thoughts. but vito didn't want to skip the bachelor party at the pink monkey. so he waits until after the bachelor party before he pulls the ripcord. what a jerk. >> the pink monkey is a red herring. kimberly can't be trusted here.

kimberly thinks $12,000 for flowers is paying too little. megyn: this is not about k.g. this is about vito. >> is that just one arrangement? megyn: the flowers were never provided. and we know why. vito took a trip to the pink monkey. >> how do you know he knew for 14 months? megyn: because she alleges it in the complaint. got to go. one final word. this bride is lucky that she was jilted in illinois which happens to recognize this cause of action unlike most states. she does have a case. why should she have to cover all the expenses when he dumped her a couple days before their wedding. a note to all brides. if your man goes to the pink monkey days before the wedding within and commits lewd acts

then fails to call you for a few days, you are better off without him, sister.

megyn: how do i know you can get a lap dance at the pink monkey in chicago? because of this. from their web site. the prosecution rests. topless private dancing. it's over now. we have to move on. whatever happened to amelia earhardt, the world famous female aviator vanished as she tried to fly around the world. her disappearance spawning countsless theories. trace gallagher has an update. >> reporter: this is a tiny island in the south pacific. at first they thought the evidence was from a sea turtle.

bit turns out that it's actually a human finger. a bone fragment from a human finger found on this tiny island in the south pacific. uninhabited. along with the bone fragment they found a pocket knife, a prearound bottle -- this was 1937 when she disappeared. and makeup from a woman's makeup compact. they also found remains of small fires, birds and fish bones and empty oyster shells line up in a way to catch water. if this is true this means amelia earhardt survived the crash and she died a slow lingering death and she likely either starved or died of thirst and that eventually the crabs would have eaten her remains. it's a theory, but it's a pretty good one. megyn: we showed you ned a good

samaritan rescues a police officer. she is trying to save this cop. now we know her story. captioning made possible by fox news network your long-term payout into a lump sum of cash today. naturally colorful vegetables are often a good source 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: a story we brought you yesterday. we showed pictures of a police officer attacked by a man during a traffic stop in ohio. he went to the officer's gun and the woman runs to the rescue in the red sweatshirt. yesterday she was referred to as a guardian angel. now, we know who she is. angela pierce rushed from her car when she saw a 64-year-old attack an officer. she started hit, him on the head and the officer says her actions helped him and his partner subdue coleman. she says she could not just stand by after witnessing the face off. still, the police department is urging folks not to intervene in the situations. she was handcuffed before