jenna: the president was i talking about the white house dog, bo, and he admitted to the kids that he has to clean up after bo, even as leader of the free world. jon: you've got to have your responsibility bees. from chilly willie and all of us, have a great weekend and a great holiday season. jenna: thanks for joining us. "america live" starts right now. megyn: god help that little chilly wily. welcome, a major new challenge that is facing health care reform. less than 24 hours after senate majority leader pulled the plug on that massive spending bill, the omnibus spending bill, there are new questions about where the funding for the health care overhaul will now come from. welcome to "america live" on a friday, everyone, the friday before christmas almost. i'm megyn kelly.

senate republicans have fought tooth and nail the last two days attacking the $1.2 trillion spending plan just rolled out this week. critics said there'd be no chance to read it, and it was laden with pork. a couple of conservative senators, especially angry about what they said were billions of dollars in health care spending increasing slipped into that bill. but with that plan dead and the gop majority handling the next budget come january, where will the democrats now find funding for the health care overhaul? bret baier joins me now from washington, the anchor of "special report." this is a fairly big deal. if you hook at this omnibus spend being bill, it had a lot of dough for health care including 3.6 billion for the guy who's supposed to be overseeing medicare and medicaid. 19 billion for the irs, 12 million to a panel of bureaucrats that oversee some of

the mandates, 6.25 billion for the department of human services, so on, so forth. all that's gone now, so o how do the democrats get that money come january? >> reporter: this is a big deal, the fact that it went down and senator reid didn't have the votes to move it forward. democrats had planned, as you mentioned, to bury in there some of the money, a lot of the money for the implementation of the health care law into next year. now, what has to happen now is a continuing resolution which means a funding that continues the levels at the current rate into early next year at which point the republican house and a more republican senate will deal with funding for the rest of the year. republicans have already talked about trying to defund the health care law, and that's one of the ways they're looking to unravel it. so it'll be a real challenge for this administration to get the money they need to implement it ahead of the health care law being really officially rolled

out in 2014. megyn: well, this was one of the options because they said in order to sort of get around the health care law you could fight it in the courts, you could vote to repeal it -- both of which the republicans say they remain committed to doing -- or you could defund it, you could vote not to fund it. and this plays into, you know, option c. and the question, though, is since the senate will still be controlled by the democrats and this omnibus spending bill came out of the senate appropriations committee, and i guess the next omnibus spending bill will have to come out of the senate appropriations committee, can't they just do this again when that continuing resolution expires, come up with another big bill that funds health care, and maybe some in the house would balk, but are they really going to shoot down another spending bill because of this? >> reporter: well, they technically have to start in the house, so that means republicans will have first crack at this. if you go through the normal appropriations process, each department, each section is separate, and there's usually

not an omnibus where it's all dumped together at the end of a session of congress. so it would go through committee hearings and along the way they would, republicans would try to defund it and then the senate, still run by democrats, would try to adjust that, and there'll be a ping be pong match -- ping-pong match back and forth. there'll have top some sort of negotiation to move forward with health care. it's going to be a big fight be beyond the repeal vote ha will likely happen. this administration has to be worried about how it's going to fund what they've passed into law. megyn: senator tom coburn out of oklahoma came out and sauled in this a trojan horse to fund the health care overhaul. look, you told us the health care overhaul cost a certain amount, that was the amount you give to the american people, now you want billions more. if they're forced to the deal with it piecemeal during the new year, i guess we'll see that debate criticallize.

we'll see grow tonight at 6 p.m. >> reporter: sounds good. megyn: you can bet this topic will likely come up at 6 p.m. bret's show runs monday through friday, 6 p.m. eastern time. tonight it's especially important to watch because look who he has on, the senate republican leader mitch mcconnell. he doesn't usually do the live report thing unless it's very fancy, very important. and senator mcconnell will be his fancy, important guest tonight at 6 p.m. eastern time. we've got an extreme weather alert for you now. the last shopping weekend before christmas. are you as behind as i am? and a big portion of this country is facing a winter mess. a massive storm bringing snow and freezing rain to a number of states in -- and our meteorologist janice dean now has to work instead of completing her christmas shopping. [laughter] >> reporter: we might have a storm in the northeast which we're going to talk about too, but 6-10 feet of snow, megyn.

megyn: whoa! where? >> reporter: across the sierra nevada range because they are getting incredible amounts of moisture from the pacific. this is typically their rainy season. i know the skiers are going, right on, santa. look at the moisture. if you love the snow, here it comes. 6-10 feet, and within the next 48 hours we could see 2-4 inches an hour of snow all along this range here. but the lower elevations could get anywhere from 3 be-4, even 5 inches of rain. look at los angeles down here. we're going to worry about mudslides, rock slides, so that's the dangerous part of the storm. but look at that. winter weather advisory stretching in towards the rockies and the wassatch range. that's the big storm across the west. want to quickly talk about the fact that we could see a storm here in the northeast this weekend. here's one of the computer models we were looking at. low pressure forming off the coast. this one takes it a little more to the east, and that means not as much snow, but new england,

you could get several inches of snow. right now we're still uncertain. they're tossing a coin, we're flipping a coin across portions of the northeast all of the local forecasters going maybe, maybe not, maybe. it's your guess or mine. megyn: that's helpful. [laughter] >> reporter: sorry. my thought, my thought is it'll just be a glancing blow. megyn: all right, we'll take it. >> reporter: okay. megyn: thank you, lady. >> reporter: you bet. megyn: well, new word of a shocking and deadly milestone in america's so-called third war raging just on the other side of our southern border. mexican drug violence has now claimed more than 30,000. 30,000. since president calderon began a military crackdown on the drug cartels nearly four years ago. mexico's attorney general says nearly 12,500 people died from the country's drug violence this year alone. wow.

well, as many have seen, mexico's out of control violence triggers deadly and disastrous consequences here in this country too. right now two arizona sheriffs on the front lines of that war are asking to meet with homeland security secretary janet napolitano. she's visiting arizona in the wake of the murder of a u.s. border patrol agent this week. sheriff paul and larry deere have made border security a top priority, but the sheriffs say they feel snubbed because they were not invited to take part in a law enforcement conference call janet napolitano held on tuesday with 30 jurisdictions along the border. paul was on "america's newsroom" yesterday saying he doesn't think in her view he has the right talking points on this and, thus, was excluded. that call was just hours before suspected bandits killed agent brian terry in the shootout on tuesday night. we're going to have much more on this story and the fallout coming up.

grinch at the gas pump just in time for holiday travel. gas prices rising nearly every day for the past two weeks. according to aaa's daily fuel gauge report, the national average for a gallon of regular is nearly three bucks, folks, and that's about 40 cents more than it was this time last year. brian sullivan of the fox buzz network knows why. why? >> supply and demand. i mean, an improving economy's a good thing except it puts people more in a traveling mode. they want to get their car. the world, china continues to grow, and there's more demand for every barrel of oil, and that is sending prices go up. megyn: i thought oil prices go down as the economy suffers. is that not right? >> as it goes down, it will. megyn: so is it in any way a good sign? does it reflect on our improving economy? >> it does which is the downside, right? [laughter] things are better so we're going to say, hey, you know, i can afford that trip now.

problem is there's more competition for the same barrel of oil. prices continue to move up. megyn: so you say it's not gouging. >> depends on who you are. they're extremely regressive to the poor. poor people have less money to spend, so higher oil prices are really a direct tax on lower income americans. megyn: and is there any way around that? any solution? can you solve that right here, right now, brian? >> if i could solve the national oil crisis, i would go start that company. listen, a very hard challenge. i'll tell you this much, rising prices for oil are the least of our problems. cotton prices are nearly doubled, corn, wheat, copper prices all soaring -- megyn: why? >> because of increased demand around the world. again, the result of an improving world economy. the problem is the fed says there's no inflation. okayness the official data says maybe there's not because housing is weak, but if you eat, wear clothes or drive there is inflation, and listen, you're a

mom, tuition prices up 4% in one year, book prices up 3%. families' bills are going to get higher from everything from clothes to education. megyn: it feels so bleak when you look at the unemployment rate which is not going down, 9.8 last month, and can a lot of folks are very concerned about that metrics. >> e yeah. that unemployment check is going to go less far, right? because you're going to have to pay more for everything else. costs have not rose a lot yet but they will because it takes a couple weeks or months to get through the system. raw materials prices, like i said, are up. if you analyze what you buy at the store, right? grocery store, whatever, probably 75% of it contains corn, cotton, wheat or some sort of petroleum product, even things like tupperware, remember, have petroleum in their chemicals. megyn: so if you don't think you're affected, think again. >> that's right. megyn: thank you. police helicopters are in the air over long island searching for more victims of a possible

serial killer. in three minutes, trace gallagher will report on the new clues as the fbi tries to track a possible modern-day jack the ripper. and it was touted as a drug to help treat late-term breakfast cancer. now the fda says avastin doesn't do any good. is that true, or is this government's idea of rationing health care? this is a very expensive drug. you're going to take a closer look coming up. plus, why the death of the big democratic budget may be the best be present republicans will get all year. alan colmes on deck with that ten minutes away. no, not even. >> if you went to h in the diction their and found hypocrite, under that would be people who ask for earmarks but vote against them.

[ male announcer ] this is lara. her morng begins with arthritis pain. that's a coffee and two pills. the afternoon to begins with more pain and more pills. thevening guests arrive. back to sore knees. back to more pills. the day is done but hang on... her doctor recommended aleve. just 2 pills can keep arthritis pain away all day with fewer pills than tylenol.

this is lara who chose 2 aleve and fewer pills for a day free of pain. and get the all day pain relief of aleve in liquid gels.

megyn: well, the mother of three missing little boys from michigan is now speaking out.

andrew, alexander and tanner skeleton have all been missing since thanksgiving. they were last seen with their father, john zell on the. remember this guy who tried to hang himself unsuccessfully and then there were the questions about what he did with those three boys. well, he is now sitting in jail because police say he repeatedly lied to them about what he did with his three sons. now skelton's ex-wife is holding out hope these three children will be found alive. >> who has my children? are they safe, are they scared? and i continue to wonder that. because until they prove to me that they're no longer on this earth, i believe and i feel in my heart they're still alive. megyn: john skelton told authorities yesterday that he

gave his sons to, quote, an organization. that's new. he was previously saying that he gave his boy toss a female acquaintance who did not materialize, and police said that was a lie. now the police chief in michigan where the search is focused says he does not expect a positive outcome in this case. fox news alert, police right now are searching parts of long island, new york, looking for more possible victims of a suspected serial killer on the loose. the bodies of four women were found dumped along a highway not far from a very popular beach area. this case may be linked to the disappearance of a maine woman who vanished last may. trace gal dwer is following these developments. trace? >> reporter: hey, megyn. we just found out suffolk county police will hold a news conference about this very case. look, they believe there are more bodies out there which is why they are now searching from the ground as well as from the air. you mentioned four bodies, all four of those bodies are women

with. but not one of them is 24-year-old shannon gilbert. she's the reason police began this search in the first place and the reason they swarmed all over the house of joseph brewer. now, shannon gilbert went missing back in may after kind of a bizarre series of e events. she was hired by brewer off of craig's list. she went to his oak beach home. she called to 911 saying someone was trying to kill her. she ran to a neighbor's home saying, they're after me. the neighbor said he was going to call police, but now the neighbor's reporting a man in be an suv came by after that looking for shannon gilbert. we're hearing there the man who hired her. listen. >> i'm innocent in this case so, you know, i have truth on my side. i have no friends other than

truth. >> reporter: you have the shannon gilbert case, you also have the case of another craig's list prostitute, megan waterman. police are not confident that hers is one of those four bodies that was found. look at the whole case now. you have four bodies. you have two other women who are missing, and now police in suffolk county are trying to figure out if these murders are somehow connected to the murders of four other prostitutes in atlantic city, new jersey, back in 2006. megyn, this story is developing. the news conference a little over an hour from right now. megyn: we'll be looking bard -- forward to that, trace, when it happens. again, one hour from right now. we'll be watching it, and we'll bring you updates as the police seem to be closing in on this case. plus, a 1900-plus page spending bill cut down to this. one page. being held up here by senate minority leader mitch mcconnell.

senate republicans pulling off a stunning victory last night. is this a sign of things to come? alan colmes weighs in on that. but first, a fiery harry reid on the floor yesterday. >> i can't accept the fact that people are saying why should we vote for this? it's got congressionally-directed spending in it. that's our job. that's what we're supposed to do. don't want to deal with a lot of flibbity-flab or mumbo-jumbo. sounds like you need to name your price. no gobbledy-gook? never. do i still get all the dagnabbit coverage i need? sure. we give you a quote and you can adjust your price up and down to find something that works for you. ♪ this things okey-mcsmokey skiddly-doo.

great! i think. diggity. oh! still not sure. the "name your price" tool. only from progressive. call or click today. another heart attack could be lurking, waiting to strike. a heart attack that's caused by a clot, one that could be fatal. but plavix helps save lives. plavix, taken with other heart medicines, goes beyond what other heart medicines do alone, to provide greater protection against heart attack or stroke and even death by helping to keep blood platelets from sticking together and forming dangerous clots. ask your doctor if plavix is right for you. protection that helps save lives. [ female announcer ] certain genetic factors and some medicines, such as prilosec, reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use genetic tests to determine treatment. don't stop taking plavix without talking to your doctor as your risk of heart attack or stroke may increase. people with stomach ulcers or conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines,

including aspirin, may increase bleeding risk, so tell your doctor when planning surgery. tell your doctor all medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur.

megyn: well, harry reid criticizing republicans for killing that nearly 2,000-page omnibus spending bill that was full of pork saying earmarks are, quote, what we're supposed to do on capitol hill. but some are now cheering the gop saying republicans dodged a dangerous trap set for them by mr. reid. and saved themselves from a major public backlash.

alan colmes is host of the alan colmes show. alan, there's a piece in the "wall street journal" that's by kimberly that talks about how if they had gotten this through, the democrats, this omnibus bill, it would have been a major victory for them, and the xop support -- gop support would tarnish the goodwill that the republicans just won. >> certainly among the tea party base, the far right base and those who ran on fiscal restraint, probably that's the case. many be republicans favored this -- megyn: nine. >> well, a number of key -- megyn: a number, yes. >> in the senate, that's still, you know, enough to pass legislation if you get enough support on the democratic side. and i don't think you can look at this in isolation because the real victory is the tax cut bill that is a great victory for the white house and it's really a stimulus bill -- megyn: harry reid's unhappy about that one too. >> they've got to say that because their base is unhappy

about it. the liberal -- the further left you are, the more unhappy you are. i'm a progressive liberal, however, this is the best keel they could have -- deal they could have gotten. this is a stimulus bill -- megyn: that's a krauthammer -- >> he's right talking about why this is a great victory for the white house and obama and ultimately democrats -- megyn: well, and possibly for the american people. >> i think it's a win/win for everybody. i don't like the tax cuts for the super wealthy staying in place. i think bill clinton put it best when he took over the podium the other day at the white house, but it's true that for everybody t the best compromise they could have gotten, and it's really a win for the white house. megyn: tell me this, strategically why wouldn't harry reid, nancy employees and i even pram that come out and say, look, we know you don't like tax cuts for the wealthy, but look at all the savings -- let me finish concern we're going to have for the middle class. yes, we had to compromise on

this one thing, but look at all the great things we dot. that's number one, but then not do the omnibus spending bill which really tarnished the image? >> what democrats ought to say they're democraticically-engineered ideas. they ought to be saying that. megyn: why isn't that their message? >> i'm not their messaging machine. people think i am, but i'm really not. [laughter] megyn: it seems to me you hear from the left-wing commentators other than yourself that there's genuine outrage. >> i think they're wrong. megyn: they are genuinely ticked off that the rich got anything. >> are i have a it will -- i have a little list here. earned income tax credit, money pumped into the economy, college tuition tax credit, tend of the payroll -- end of the payroll tax cut which helps everybody

and don't forget the unemployment part of this bill that extends to 99 weeks. megyn: right. >> so democrats ought to be thrilled with this. this is a real victory. megyn: doesn't it make them look like the extremists that barack obama was painting them as? you can't get everything, so you hate the whole deal? >> i think it's a mistake, but the president is right, he did the best he could have. and he did it earlier. some democrats say he should have waited until the last minute. no, you don't want to -- megyn: that's what anthony weiner was arguing for. >> i think that's a mistake. you want certainty in the economy. megyn: okay, so that's the tax bill. what about the omnibus? i want your honest take on it. >> i don't think earmarks are necessarily bad. megyn: you agree with harry reid then? that's what we were sent here to do. >> it was renewable energy, tax credits for renewable energy, money that went to -- megyn: right. and it was taxpayer money for blueberry research. >> well, you can pick out all

those things -- megyn: i know, we did. >> the maple syrup stuff is good for the economy. megyn: you can make an argument that each one of these is a worthy argument, but why do the taxpayers need to pick it up? >> reporter: pause they're contribute -- because they're contributing to the main economy as a whole. megyn: $10 million for a john murtha memorial? >> again, you can pick out some of the pork, but the overwhelming percentage of this stuff would have been good for the economy and pumped even more money back into it. i'm not anti-earmark. megyn: so you say it was worth it. >> yes. megyn: sorry for your loss. >> i don't think i lost anything. given when you weigh that against -- sorry, my loss. when you weigh that against the tax victory and what i think is a second stimulus bill, i believe democrats come out ahead. megyn: you're still in your happy place. >> i'm in my happy place, megyn. thank you for caring. [laughter] megyn: alan colmes, everybody. well, she was a beautiful young

athlete and scholar, and she was allegedly murdered by her boyfriend at one of the country's best universities. but now there is a new twist in the case. we are live on the case of the murder of yeardley love in three minutes. plus, a huge controversy after u.s. food and drug administration, the fda, pulls its support for the wildly-popular cancer drug avastin. this is one of the only things that women in late-stage breast cancer are taking, they say. and now they can't get insurance to pay for it. critics of this move are charging that it smacks of rationing. two of our favorite. doctors on what this means for your health and your health care next. >> since i've been taking avastin, i've been able to attend weddings, family reunions, the birth of our grandchildren, and without it i don't think i would have been able to do any of those things. [ male announcer ] at&t introduces a new windows phone

with an irresistible fulley... oh, too much? now get an lg quantum™ for $199.99, and get one free. only from at&t. rethink possible.

the world's first 100% custom,

invisible, digital, and fully programmable hearing aid, loaded with today's most advanced hearing technologies, including our new soisticated noise reduction system. this amazing new invisible hearing aid is custom made, allows you to talk comfortably on the phone, sounds natural. - the quality of sound is excellent, and yet they're, you know, the size of a thumbtack. announcer: to learn more, call: today. megyn: welcome back, 133 time niement east and new development this is hour in connection with the death of a university of virginia la ross player, 22-year-old yeardley love, her former boyfriend, george huguely, is charged with beating her to death last may, now his defense attorneys say love may not have been murdered at all and want access to her medical records. doug mcelway has more from d.c. >> reporter: i'm curious what you think of this as an

attorney. since may george huguely has remained in jail, 30 pounds lighter than the stout frame that made him such a fear some force on the field. police say he all but incriminated himself by refusing miranda rights and admitted repeatedly hitting love's head. huguely's defense attorney said we are confident love's death was not intended but a tragic outcome, and according to this week we learned much more than that, a former medical examiner hired by the defense is asking a judge to release love's medical records, the defense now believes a combination of the add drug ad roll and a .14 blood alcohol level content and love -- in love's blood stream may have led to cardiac arrest and frantic resuscitation by paramedics may have caused her internal bleeding. >> it's a risky strategy. if it works, we'll both

agree that it was a wise strategy, but given the facts of this case, where the defendant is virtually in check mate, it's probably something he's going to have to do. >> reporter: experts suggest this may all be part of an overall strategy to seek a plea deal, something that could be advantageous to both sides because it could spare huguely's life but to the prosecution, which they may be very wary of this time and the expense it might cost them for a trial. >> it's a very, very complicated process. that doesn't mean they shouldn't try for first degree murder but i think the signals are all being sent from the county prosecutor they're trying to get people to accept something other than first degree murder. >> and it may also be that neither family wants to relive this tragedy in a courtroom. the judge is now reviewing that request by the defense to release love's medical records. megyn. megyn: sounds to me like the defense attorneys are doing their job. doug mcelway, thank you very much. >> yes.

megyn: well, new questions over a big announcement by the u.s. food and drug administration. it is dropping support, its approval, for a popular drug that helps fight advanced breast cancer, at the very same time a drug review group in britain just gave the very same drug its approval. so why the reverse here in this country? is avastin not effective or just not cost-effective? dr. marc siegl, member of the fox news channel's medical a team and dr. kathleen london is a family practice physician. so this is the -- we have you both here because the charge has been made that this is a prelude to the death panel, right, the critics of the health care overall saying it's the beginning of rationing because it's not that it wasn't effective, it's that it wasn't cost-effective and they point to a quote from the fda that said it doesn't provide a sufficient benefit in slowing disease. same day europe approves it,

we say no? dr. siegl? >> i think it's a precursor to rationing. i think it's a soft call. the science is here to back this up. they could argue, in 2208, they fast tracked this drug and fast tracked it based on a study that was going to come out and say whether it prolonged life, now the results are in, it doesn't prolong life so they're withdrawing it. that would be the argument, but the problem i have with it, first of all survival is not the only end point, what about quality of life, what -- >> megyn: they say it improves quality of life for 4-5 month. sue: that was one study, other studies are a little less, but there are responders to this drug, they're taking the arrow out of my medical quiver. some people swear by this, it's for some, not for others. why are they taking it away? i'm convinced it's because of the current climate. the climate is there where the federal government is playing a bigger role, and they're saying you know, prove it, or we're going to withdraw it. i'm concerned they didn't wait and get more evidence on this drug, the different

end points, who is it helping, who isn't it helping, don't take it away from me, i want to be able to use it. megyn: the typical course is # $8000. it is an expensive drug and if the fda doesn't approve it, a lot of insurance companies say we're not going to pay for it. you can still get it but it is going to be out of pocket. >> it's not that this drug is not going to be veil and it is approved for other cancers. what we're seeing is all four studies submitted for the fast track application, not one showed increase survival, none, zero, so that's a big -- >> megyn: what about this increased quality of life? if i get four or five months of better quality. >> that's a question, is it a better quality with the side effect, internal bleeding, rupturing -- >> megyn: but for dr. siegl, he said for some it's bad, for others, it's good. >> it has a set of certain responders and the fda appropriately went back to the manufacturer and said show us the data, give us that data. let's identify that proof, and that's what we do need.

we need therapies that are going to improve women's survival. megyn: why can't we keep it approved until we get it paid for by the insurance companies rather than the women, the superresponders, are going to have to pay for it and what if you're a poor superresponder? >> this is a great question. we could also say other cancers not that far different, i mean, it's very successful for colon cancer. megyn: is it approved po those? >> sure, but what are we going dog in the media? giving it a black eye. we're taking away one of its indications. megyn: now you can get it for off-label use because they've withdrawn approval for it. >> that's going to be hard with obamacare with a $100,000 price tag. megyn: that's the thing. what troubles me is the european drug regulators the same day says it's approved. >> only in combination with different drugs. you have to to look at that. they didn't just blanket approval it -- approve it and it's in certain cases.

why -- megyn: what do you make of the fact that the susan g.komen foundation is weighing in on this? when they weigh in, i care about it because they care about breast cancer more than anybody. they said that responding to scientific evidence, in the face of both political and popular pressure -- >> megyn: what about that? >> i don't want to say anything about this but i don't think we should find our answers in what different organizations say. i think the answer is that it works one way to fight advanced breast cancer. when you're running out of options it cuts off blood supply to the tumor. we got other ways, too, we poison the tumor or we try to target it different ways. we're coming up with new therapies all the time. this is a single kind of therapy that i don't want to take away. megyn: do you think the cost had something to do with it because that's not explicitly acknowledged. >> i think there are the side effects with internal bleeding, hypertension, perforating investigation cue lar -- the blood vessels pr freighting. a lot of cancer drugs cause serious side effect? >> i believe -- they never

admit this because i believe that cost is a factor. megyn: given that it's the number one drug, why is it so expensive? >> it's their blockbuster drug. is it going to bring the cost down. you have to -- >> when you're dying of breast cancer, you want what you can get. megyn: they say every year, 40,000 women die from breast cancer. avastin is the last hope in terms of quality of life, but obviously the data is very much in question. thank you very much, appreciate you being here. two years ago bernie goldberg was telling the world how in his view the media had a. quote, slabbering -- slobbering love affair with candidate barack obama. he wrote a book called exactly that. in three minutes, he'll tell us why he thinks the president is paying a severe price for that. a crazy scene outside of a chase bank in los angeles, protestors trying to make a point in the foreclosure fight, but who will pay the price if this group wins the argument? answers to that, just ahead.

megyn: two years ago better than egoldberg was telling the world how the media in his view had a, quote, slobbering love affair with then-candidate barack obama. two four-months later he now says we are seeing president obama pay a real price for that. bernie goldberg is a fox news media analyst and my guest now. bernie, so you know, to steal a phrase from reverend wright, have the chickens come home to roost? what exactly is the criticism of the media and what we're seeing now? >> it's about the irony of it all. two years ago, the so-called mainstream media fell in love with barack obama and that's not some crazy delusional conservative view, the omany busmen of the "washington post" said the same thing and mark

halparin of time magazine which is not a conservative publication said the media behaved disgracefully during the campaign and it did. today, this week actually, president obama's rating is 45 percent, which isn't horrible -- >> megyn: 40 according to the fox news poll. >> 40 according to that, which isn't horrible, but it's getting there, and it's the lowest of his presidency. no question, megyn, he brought a lot of this on himself by supporting all sorts of things the american people didn't want. but the irony is that the same media that fell in love with him, that slobered all over him, they were his enablers, they created such unrealistic expectations that no politician could live up to that the fall from grace was especially hard, because the media tried to create saint barack, they tried to create a messiah, and when the people saw that when a

messiah tried to walk on water and got wet, the disillusionment was much greater than it would have been if the media had done its job and covered the campaign in more down to earth, realistic ways. megyn: he had farther to fall, in other words, than somebody else. >> exactly. megyn: you say barack obama is also to blame to the extent he's had some polices that were unpopular with the public, but let me ask you this: is he or are he and his team, his white house team, including folks like bill burton, robert gibbs, who are out there swinging for him as he was running for office and even once he's taken office, are they also to blame, bernie, because how many times have we heard not just the president but his team, you know, burton, gibbs, axelrod, you know, the health care advocates that he had in the white house, taking shots at fox news for being too critical? they have gone on offense. if you have, you know, too many segments that they

perceive are critical of the president, then they start attacking you as not a real news organization. >> yes. it's a good point. when i say the president, i should have said the president and his team. i'm not suggesting that barack obama's fall from grace, from a 79 percent approval rating on inauguration day, and everybody knows it couldn't stay that high, down to 40 percent in the fox poll, is all the media's fault. i'm not suggesting that. i'm saying the media, by creating this kind of god, i mean, as i say, this isn't a right wing delusional observation. liberal journalists know what i'm saying is true. >> you point out "the washington post". >> that's right. by creating that, the fall had to be hard. if they had portrayed him -- if they had just done their job and portrayed him in a regular way, the way you cover a politician, which is

what he is, i don't think the fall would have been nearly as great, and i'm guessing that even with all the stuff that he and his team have done, i don't know that he'd be down to 40 percent. and by the way, once it tips into the 30s, then he's in really dangerous territory. >> yet bernie, does the bias continue? because just this week, we saw just one example, "the washington post" came out with a piece that was very critical, or that was a pro, sort of a cheerleading piece for the health care overhaul, saying this ruling against the health care overall is really meaningless, not to worry, and they attribute it to staff writer, then they came out a couple of days later and put the client's name on it, to those who know klein's reporting leans left. >> that's a very good point. i'll tell you what i think the big problem with that is. esther klein is listed as a staff reporter. i don't know him, i've never met him, i have absolutely

nothing against him personally, nothing at all, but he's a regular contributor on several liberal talk shows on another network and he regularly shares his liberal opinions. i don't think any staff writer, in other words, he's not a columnist, he's supposedly not an opinion writer, i don't think a news organization, right or left, should let any journalist, any staff hard news journalist go on opinion shows and regularly give their either conservative or liberal opinion, because the people reading this stuff, after they see him on tv, they say wait a second, he's the lefty, isn't he? i don't -- >> megyn: i think it's -- i just thought it was interesting that they didn't identify him, and then a couple days later they attach his name to it. in any event, bernie, do you think -- it's an institutional piece but then once you see a name attached

to it. it's like oh, i know, that's the guy on such and such a network. i got to run, we have a hard break but it's always interesting to see your insights. bernie goldberg, check him out, bernard goldberg.com. last week we saw a person jump in to help a suspect and how about a woman who hit a gunman this week and a subway rider? we call it girl power, and we'll be talking about it with our panel, just ahead.

megyn: here's a little something to share at the holiday meal next week, brand new fox news dynamic opinion polls just out and they reveal some interesting american attitudes will the holidays, just eight days before christmas. jamie colby has the

breakdown. hey j.c. >> reporter: how you doing. the debate on how to wish the best of the season, new fox news dynamic polls asked this question, would you shop in a store that requires happy holidays instead of merry christmas, 65 percent of americans say they would, even so, a third say they'll shop elsewhere if a no merry christmas policy is in place. how festive are folks? 61 percent say they're feeling the holiday spirit, same as always, 28 percent or less, 11 percent of americans feel more holiday spirit than last year. not sure what's on their wish list, but they did -- we did ask what would you get for president obama this year, 41 percent say they'd give the president whatever is on his list, 21 percent say a lump of coal, and 31 percent say a fruitcake is their gift of choice, not a fruitcake fan? if you get a present you don't like, will you keep it, return it or regift it, nearly half say they'll keep a gift they really don't like, 31 percent will brave the return polices to get a

refund or exchange and 16 percent say sure, why not, they'll regift that unwanted present, but megyn, you don't have to worry, because i'm not a regifter. in fact, i haven't even gotten to shopping yet, but i will wish you a merry christmas, because like 75 percent of folks asked in our polls, i am fine wishing a merry christmas, not just happy holidays, megyn. megyn: and a merry christmas to you! you know what, it's gotten to the point where it's awkward. i had juan williams on the show and he said to me happy holidays and i said and to you and some viewers wrote in like why didn't you say merry christmas! now you can say happy holidays without being offensive, i think. it shouldn't be to the exclusion, it shouldn't be a policy where you never say anything else. am i wrong? >> there are so many holidays this time of year, whatever you do, you can't make a mistake. megyn: here's one thing you can make a mistake. giving me a gift certificate it's like i got work to do. it's like an assignment. >> that's what i got, so

i'll have to return it! megyn: thank you. new concerns there are powerful earthquakes coming on the west coast. we'll update you. plus they are worried now that -- well, yeah, this is part of t. that killer quake that rocked mexico could mean new threats to population centers in the united states. wait until you hear what the latest evidence for this theory, where it comes from. right now, homeland security secretary janet napolitano is meeting in arizona after a border patrol agent's murder. in three minutes when they're -- what they're promising and their latestac as they try to secure the most dangerous areas of the united states.

megyn: fox news alert, the head of homeland security is on the southern border at this moment, after an american hero dice, defending our safety. brand new hour of "america live", i'm megyn kelly. secretary janet napolitano meeting with border patrol in arizona and discussing the life and death struggles with local officials from dozen of nearby jurisdictions, but two key sheriffs on the front lines of the battle are

complaining that they were excluded from today's proceedings, they say. and now they are requesting a face to face meeting with the homeland security chief in the wake of brian perry's tragic death. he's a marine who turned border agent and he was gunned down by the same bandits who prey on illegal immigrants in this lawless region. trace gallagher is live in the west coast newsroom with more. >> reporter: we should point out janet napolitano's trip to arizona was delayed because of bad weather in d.c., as well as bad weather in tucson but she is meeting with border agents today in nogales which is the biggest border station in this country. even though it's not the department of homeland security, we just talked to santa cruz county sheriff tony estrada and he says he will also meet today with homeland security secretary janet napolitano. it's interesting, ecause we've been hearing a lot from the sheriffs in southern arizona, who have been very critical of ms. napolitano because she's

not made herself available to them. there you see there, pinal county sheriff, paul babeu and larry dever said when janelle napolitano held a conference call with border sheriff that is they were not included. listen to babeau. >> neither one of us were invited or included in any conference calls she ever has and quite frankly they don't want to hear our opinion in terms of what we're facing, what we're doing to bring the fight. >> reporter: and now we're trying to check to find out if, in fact, there actually was a conference call on tuesday, prior to the death of brian terry. but babeu has janet napolitano. sheriff estrada says he does not think dever and -- he thinks because she's in santa cruz county, why she's meeting with him, the tension over napolitano saying that part of the

border is secure, the part where brian terry was killed , is secure, they disagree, and clarence duke disagrees. >> we have more than double the amount of agents and resores and so forth on the border, so i think you can assume we have decreased the number of people coming across the border by about 75 percent. >> reporter: as you see there, duke was on "america's newsroom" with bill hemmer, megyn. that's what we're trying to figure out now, was there a conference call and was sheriff babeu and sheriff dever, were they not included. we're going to find out and get back to you. megyn: t.g., thank you. unmanned aerial drone, one powerful weapon in a border battle but apparently uncle sam is not the only one using remote controlled airplanes to patrol the lawless region. a bizarre scene in texas after a mexican drone like this one crashed into a residential neighborhood. it happened in el paso, about half a mile across the border.

reports say that mexico may have bought several drones from israel a few years back, but the mexican gorntle tight lipped on how they are exactly being used. homeland security returns the aircraft to mexico, no word on why they gave it back, before the ntsb wassable to inspect that scene. right now, president obama is meeting with about a dozen of the country's top labor unions, hope to go shore up support for his economic agenda, talking to people who are angry with his agreement to extend the bush-era tax cuts for the wealthy and freeze pay for federal workers. president obama has had strong backing from major unions in the past. we'll let you know how today's meeting is going as soon as we find out. well, a massive pork bill, spending bill, scrapped by top senate democrat harry reid, the majority leader pulling the plug on the $1.2 trillion measure, agreeing to instead work with gop leader mitch mcconnell on a so-called clean, short-term, continuing resolution, he's calling it, the cr.

and that would just keep the government running until early next year. jim angle has the details live in washington. hey jangle! >> well, e.r. might be a term we want to use along with the c.r. along with the massive bill going down in flames, democrats and republicans are working together to fund the government until february so they can start fresh next year on spending levels. this morning, republicans in both houses hailed the moment. >> after two years of polices that lacked public support, the tide is beginning to turn. >> yesterday in the senate we saw a victory for the american people when the so-called omnibus bill had an untimely death. >> and how did that big spending bill die? after such a big push from senator harry reid? he thought he had the votes of several republicans, nine of them, especially appropriators, those on the committee that actually churned out those more than 6000 earmarks, but they got queazy about the process and

decided to vote against the bill, and reid had to go on the floor and pull it. listen: >> and in the last 24 hours, they've walked away from it, >> the iron they don't have the votes is because members on this side of the aisle increasingly felt concern about the way we do business and for many of our members it was not so much the substance of the bill, but the process. >> reporter: mcconnell is talking about the fact that none of the separate bills of the various parts of government were brought forward, examined or debated on, then the massive spending bill put all those proposals together, along with 6000 earmarks, and was going to be pushed through in three days, with no changes allowed. senator mcconnell convinced all the republicans, including those with earmarks of their own, that was a bad idea. it's not so much the

substance of earmarks, which can range from utterly ridiculous examples of pork, to perfectly legitimate spending needs that most lawmakers would support. but when all thrown into a massive bill intended to be rushed through in three days with no changes, senators wouldn't have been able to separate the worthy projects from the worst examples of pork. some democrats objected, too, and the bill had to be put oust its misery. megyn: jangle, thank you! about two hours from now president obama is set to sign that sweeping tax bill into law, congress passing the plan with wide bipartisan support just before midnight and here's what's in the package. taxes will not go up on january 1st. it extends unemployment benefits for millions of americans, and it enacts a new one-year cut in social security taxes. just moments ago, the irs told american companies that the social security deductions need to be changed by the end of january, 2011. terrorists, already launch cyber attacks,

illegally move money, and finance their operations. now there are fears that terrorists will use those skills to maximize the damage from traditional bombings by also attacking vital computer systems used by first responders. what's being done to stop that? national correspondent catherine herridge is live in washington. catherine. >> reporter: megyn, on the back of the wickileaks situation, we decided to investigate what the attack would look like and we talked to several of the nation's top experts on cyber security including the former head of security for dni, the nation's top intelligence official. >> cyber will very seldom, if ever, will be used in isolation. it will be used in conjunction with other kinds of things, and so it will either be the diversion or it will be the main part of the attack. >> reporter: so we've gotten scenario number one, an urban center, in this case, new york city, and there's a car bomb, this attracts attention of local officials, at the same time, there is a denial of service

which is crippling communications for the 911 system and that means it's harder to respond to the car bomb, you have panic, hysteria, and also you maximize casualties and also deaths in that situation. under the second scenario that was described to us, cyber is really the main event, but a terrorist or a criminal group would use a subway attack, with traditional explosives, this would get the attention of local authorities, we see that's washington, d.c. there, and then at the same time, the main event that's going on, which is a denial of service for the banking system, the schedule of service there, or it could be a transportation system. so what we heard overwhelmingly from people who understand this issue and study the issue is that they think the attack of the future is going to look a little like what we saw with wickileaks, you're going to have a couple of components, but primarily cyber which will be in effect a way to level the playing field for a smaller enemy against a more aggressive and powerful adversary, in this case, say the united states. megyn: catherine, thank you. >> you're welcome. megyn: few -- furious

demonstrators outside of a california bank claiming chase is violating terms of the federal bank bailout by refusing to restructure its home loans in the face of foreclosure. neil booritz next on why you could pay the price if these folks get their way. a frightening new forecast on earthquakes that could make the 1999 oakland disaster look like a walk in the park. >> chicks, chickens and good cheer! there's no secret recipe to hooters' success but should the home office, girls, and beer really serve up a kids' machine u? the debate from the national organization of women.

megyn: there's a growing backlash against increasing federal regulation of school nutrition programs. on monday the president

signed into law a bill that among other things would set national nutritional standards for public schools. first lady michelle obama is a key backer of the measure, but it is not going down well with some americans. take a look at this "rasmussen poll". just 23 percent think the feds should have a direct role in setting nutritional standards for public schools, 17 percent say states should do it and on down the list it goes. more than 20 demonstrators, arrested at a protest outside of a bank, blocking entry to a chase branch in california, complaining about unfair foreclosures, and it's not the first time. protestors are unhappy about banks' practices, saying greedy bankers should be cutting homeowners a break. >> it's fascism, as far as i'm concerned. >> wall street is out of

control. they caused a major crash -- catastrophe for the average working person. megyn: do they have a point in neil booritz is my guest. they are upset because the banks are foreclosing on them and they think the banks should be working harder to come up with hole loan modifications and they called them greedy bankers and that woman, what they said was, quote, i think when 2 percent of the elite in this country own the bulk of the wealth, it's fascism, as far as i'm concerned. >> well, first of all, that lady couldn't give you a definition of fascism in her life depended upon it. back in my days, suffering as lawyer, i closed about 6000 real estate loans, megyn, and you would be surprised to know the number of people who when they were closing on a home actually didn't realize that if they didn't pay their money back

they could lose the home. it was amazing. now, a lot of these people, and i dare say a lot of these that were demonstrating, probably never should have qualified for a home loan in the first place. megyn: there's no question that loans were given out to people who should not have qualified. >> absolutely. megyn: thanks to freddie and fannie under pressure from some in congress. >> under the investment act, yeah. but now the loans that have been modified, megyn, the default rate on modified loans is huge. it's well over 20 percent over six months, or over the first few months, in some cases it gets up to be 40 percent. the banks eventually need this money back. megyn: but the argument is that they also need to have a heart. you know, it's record unemployment, it's right before christmas, and it's heartless to be throwing people out of their homes. >> well, if we have a system

in this country where you make a real estate loan and you get a security interest in the home, but then the borrower does not pay the money back and the bank is not supposed to seek payment of the loan because it would be a heartless thing to do, then i'm sorry, megyn, our whole real estate ownership and loan structure falls apart. and banks are not greedy because they want the money that they loaned back. it's just hey, we loaned it to you, pay it back, according to the terms. that doesn't make a bank greedy. megyn: but here's what they say, nie. hold that thought, because here's what they say. they point to in this case j.p. morgan chase which got i think $25 billion of bailout money in t.a.r.p., it's paid it all back but it did get bailed out by the federal taxpayer and they say for that reason they should be more empathetic and they point to, neil, the fact that six major banks alone are on track to pay out over $143 billion in

bonuses this year, according to our brain room, j.p. morgan chase has already set aside almost $8 billion in compensation expenses, including bonuses. just through the third quarter of this year. so they say j.p. morgan chase, afurp paying 8 billion in bonuses just for the third quarter, you can try to help the ma and pa homeowner a little more than you are. >> well, i agree. i mean, it's a lousy time of the year to be working a foreclosure on a home, but melgin -- megyn, some of these people really could qualify for the workouts because they have the income, they have the job stability, and perhaps in the future they can get on their feet again, but some of these people, you look at them and you just know, no matter what we do, to work out this loan, they're going to be in default again in 30 days, in 60 days, then we'll once again have to file an action against them and what are they going to be doing? they're going to be saying we're greedy and a bunch of fascists.

i'd like to see these things worked out for a lot of people, but -- >> -- >> megyn: but you say you look at them and you just know and you're somebody who's a real estate lawyer and you help people but how? you look at credit history, and it's so difficult in these times to look at that because a lot of people are having credit problems, have lost jobs, have had to go on unemployment, signed an under water mortgage and so on. how are the banks supposed to distinguish now? >> well, let's take a bank could, for instance, take a look at the modifications it's already done, see which modification, what the parameters are for a modification that ends up in default again in two months os -- months or three months and then say -- >> megyn: sorry, let me ask you this question because i want to get this in. it's also been a problem with the banks foreclosing when they're not supposed to, they didn't fill out the right paperwork and these folks claim that the banks are not complying with the terms of the t.a.r.p. bailout where they were supposed to help the american people, so is there not some reason to suspect

the bank practices here? >> there's some reason to suspect that the t.a.r.p. bailout and the hand packed or whatever it is homeowner -- the act that provides -- >> megyn: home affordable modification program. >> right, there is some reason to suspect that really, in the final analysis, this was a bill that was designed more for the benefit of the banks than it was for the homeowners. i'd like to see something -- i think all of us would like to see something done for homeowners who really have a chance of working this out. but we have to recognize that there are people out there with home owns right now that really shouldn't have had them in the first place and are never going to be in the position to pay that money back, not on that home. megyn: you can see both sides because you don't want to be heartless, but on the other hand, a deal is a deal a. contract is a deal and people taking on second, third jobs trying to get the contract paid are saying why am i doing this. >> it's really tough this

time of year, but it's not fascism. megyn: well, spoken like the red and green little christmas santa you are today! thanks neil. >> i did this -- this is for you. megyn: thank you, i appreciate it. i'm feeling the christmas spirit now! >> see you soon. a 20-year-old girl is now facing felony charges. felony manslaughter charges. after she's accused of killing a senior citizen with her car. but it is what she was doing behind the wheel at the time that has resulted in that charge. that story that everyone must hear, on the docket in kelly's court. and new warnings today that california is in danger of a massive earthquake. kind of like the one that struck san francisco in '89. the reason why, three minutes away.

>> i was next to a car that was pressed down to about 18 inches. >> 18 inches tall? >> 18 inches tall? >> 18 inches tall, a little above my knee.

megyn: new research today suggesting an earthquake in mexico. more than nine months ago may have put california on a collision course with disaster. trace gallagher, live in a city that cares and that's los angeles. t.g. >> reporter: nuclear explosions yesterday, earthquakes today, "america live" is very comforting for southern california. megyn: think of all the good you did yesterday! apparently this doesn't protect us from the nuclear bomb. good to know. >> the deal is nasa is now using this imaging technology. what it is, it's very high tech radar that can actually

map what happens to the earth after an earthquake, and they do this by using these unmanned aerial vehicles to go out and gather all this information. they have found that the 7.2 quarter ache -- earthquake that was in mexicali, east of san diego on the mexican border, it happened last easter, has actually shifted. a lot of the tension north wards, towards los angeles. it's almost, megyn, like squeezing a water whroon and -- balloon and know how the water goes to the top and the balloon gets thin and fragile? it's pushed that stress now into two of our major fault lines in southern california that run right through heavily pop lamed areas. what they do is they compare the old maps with this new imaging technology to find out exactly where the earth has shifted and where the tension is. look, the simple explanation on this is that the earth's crust is made up of these at the time tonic plates, right? they float beneath the surface and when they bang, like rafts in a swimming

pool, they bang up against each other, no big deal but when they start pushing and grinding and sliding, that is what releases all that tension and that's what happens, that's why you cause the earthquakes. seven point two in mexicali last year, had 7.2 been in downtown los angeles, it would have been a devastating earthquake, megyn. keep that in mind as this tension pushes north. they can't still predict these things but they have more evidence of where the stress is pushing. megyn: i know you're a life-long california boy so this doesn't scare you at all but for those of us on the east coast like me, i'm glad we're in new york city, nice and safe here, no threat of any kind. thanks trace. >> reporter: yes, just tornadoes. megyn: we have a different threat unfortunately we have to worry about in new york. she did something that millions of american drivers do every day, you've probably done it yourself, now this woman is facing a felony charge and hard time behind bars. we report, you decide.

does the punishment fit the crime? in kelly's court. plus, one major employer now issuing dress code guidelines that include men's ties, all right, and women's underwear? hold on! the power panel is next.

megyn: money for investors burned by madoff, the madoff trustee recovering $7.2 billion from the estate of jeffrey kauer, a florida businessman, the total recovered, $10 billion. the jobless rate in nevada rising slightly in november to 14.3%. ouch! nevada's jobless rate has been the highest in the nation since may. the montana teen, convicted of having a hunting rifle in her car is back in class, she is not being excelled, the school board deciding to make an exception to its zero tolerance policy. the national organization for women is taking aim at hooters! not for what it does with women, but for attracting families with kids. hooters and its waitresses wearing skimpy shorts, now

offering children menu and they have little high chairs and a booster seat for your child as well, for extra cash you can buy your child a t-shirt that reads future hooters girl and now is not happy! >> presenting sexually provocative these and sexually provocative materials in front of children and not having a problem, there are police codes of -- that clearly restrict these types of material behavior with minors and hooters doesn't seem to think that law applies to them. megyn: our power panel is ready to weigh in, f.t. is author of losing your religion, latoya drake, and an attorney and former contestant on the apprentice. all right, ladies. n. o. swrks not happy you can bring your little girl or boy into hooters and get

your girl a t-shirt that reads future hooters girl. i guess they want the d.a. to do something about that. should he? >> that's so embarrassing. look, i will defend hooters, i love hooters, actually. megyn: you're not the only one. >> i travel a lot, sometimes hooters is the only place in some crappy town in middle america, no offense, that i can get a decent meal. that said, it's up to parents whether they decide to bring their impressional little children whether to bring children into this joint. megyn: but they say that hooters is actually, in at least a few counties, is classified officially as an adult entertainment establishment and they say the state and local laws in california prohibit sexually oriented adult businesses from serving minors. >> you're there for the wings, you're there to watch the game, enjoy yourselves. they are not seeing anything you haven't seen in a video in terms of -- >> megyn: but is it okay that your child be exposed to those breasts?

and i'm not talking about the wings and those lovely bodies, it's somehow corrupting them? >> i thank law enforcement has limited resores and i think we should focus on more dangerous cases like child predators. >> you don't think this ranks up there with that? >> i don't think so. i don't think it's sexual entertainment, there's no exposed body parts, no dancing on a poavment i think if you don't like it, don't go. megyn: even if it's inappropriate for young kids, that's up to the parents. secret number two, don't take your child. like a mcdonald's. >> it's not a mandate. megyn: here's another little secret option for you, apparently, according to ubs, which is this huge swiss bank, women should not be wearing black bras or underwear, it's flesh colored if you work at ubs. they have a list of requirements for their staff that is nothing short of stunning. you can't wear perfume, don't refresh your perfume after lunch, eat onions, garlic, touch up your hair

color for growth, they have a point there, don't care cuff links if you're a man, don't allow your underwear to be seen, don't use tie knots that don't match your face and body shape. on it goes. it makes me want to punch somebody. >> i'm wondering if they spend as much time teaching you how to manage money as they do telling you how to work. some of those tips you should know and there are probably things they don't want to say like i don't like the under jarments so let's put it in mig. megyn: but what would you do, you worked for mr. thump, if on the apprentice mr. thump turned to you and said you really need to consider the color of your underwear, reconsider the color of your underwear. >> i think you need to know in a professional business environment what's appropriate, not appropriate, so take a look at us, i think we all look very good. megyn: you can't wear skirts that aren't to the middle of your kneecap glie think right now we're violating a lot of the provisions, too

much makeup. >> we are! we're all fired. >> exactly. megyn: you're fired! mr. thump doesn't care. >> it's ubs. >> but they even go so far as to talk about the makeup, they want light makeup, discreet lipstick. what if i want a little blush, what is ubs going to do to me? >> leave it to the swiss, right? if they're trying to soften their image, they're the world's timekeepers, they have this reputation for being meticulous, can't they let loose over there? megyn: they can't. >> this is their prerogative, if they want to have their employees look a certain way, they can make them wear uniforms, they don't have to work there. mig the men need to wear underwear that's easily washable! [laughter] >> i don't even want to know what led to that directive. speaking of men, should michael vick own a dog? he wants one, he says he genuinely cares for animals. and that he misses his dog

right now. ladies? >> boohoo! i'm sorry. the way that these animals were abused, and in particular michael vick's case was sociopathic. this is sociopathic behavior that you don't dismiss. if we want to release him back into the wild and give him his freedom again, i'm okay with that, i'm going to give him a puppy, nor am i going to help him in his rehabilitation process. mega doppler live hd 7000 -- megyn: he says he's rehabilitated, learned his lesson, paid his debt to society. >> i think he has paid his debt to society. reading the comment, everybody disagrees but i think he's emerged from this incident more humble i don't think him owning a pet governor is going to somehow deter him from -- >> megyn: he may be more humble but is he a dog lover? >> he talks about his children wanting a pet and it's hard to say to your children, you have to say we can't have a pet, but i do think introducing a small puppy, i think it's harmless. megyn: would you give him a puppy? >> i absolutely would.

we have to give him a second chance. megyn: he got his chance. >> he served 18 month necessary prison, he's on three years probation, the humane society thinks that it's okay, you know, he's really -- >> megyn: not for him to have a dog. >> they actually said it would be okay once probation period is over. megyn: here's what i thought. people like the -- farther we get from it the farther we get. did you read the indictment? do you know how graphic this abuse was? >> he put dogs on a rake stand and put other dogs behind him. if the dogs refused to fight they were put down, they were killed, they were electrocuted. he personally was accused of electrocuteing dogs for entertainment. that's somebody you want to give a puppy to? >> i understand the analogy, saying -- i heard someone said it's like giving a child predator access to a child. i don't think it's the same. i think even if you -- when you do all those things you

can learn your lesson. megyn: let's end on a happy note. girl power! this week we've seen ginger littleton at that florida shooting come out with purse, whack o'clock the perpetrator over the head, angela pierce comes out when a police officer is getting into a fight in front of his car and starts wailing on the assailant and let's not forget nicole briggs, subway girl who got slashed on the subway by some dude who decided to expose himself and no, not her! she's now getting an award, being called the shero pts. >> i love this, these women, it's i think worth point ug out in every one of these instances law enforcement cannot just -- please don't try this at home thunderstorms. -- at home! >> i find them inspirational. i agree. but i will have to say that

the one with the purse was dangerous, she was little, she had a gun, he was a big guy, i think she put herself in danger. with ms. pierce, with the police incident, that was kind of a risk worth taking but you have to be careful. >> specifically men get the tip of the hat for being the courageous ones and women are supposed to say somebody protect me. these women took another route. >> in the case of ginger she said i couldn't live with myself if i left the room and left these men with themselves and i have to say i'm glad i carry a heavy purse. megyn: a heel with a big spike, which you apparently can't wear at ubs! >> carry a heavy purse. all right, lady, thank you, all of you, very much. coming up to the top of the hour, studio b with shepherd smith. hey shep. sphwhroo zero around here. exactly. do you drink a lot of cough een? -- caffeine? i got a news flash for you. caffeine will keep you awake. i mean, it's right here, so i know it's true.

and there's somebody all upset about it and it has to do with the children, we'll rake them over the coals or something like that, and there's avtivia, apparently they've been saying things that aren't true because they're making big payments. i don't know if they're true, i can just tell you about the payments when the news begins with me at the top of the hour. megyn: that's it for caffeine. we'll look forward to that. thank you shepard. >> she was sending a text message from behind the wheel when she ran a stop sign and killed an 80 year-old. today, she's facing six years behind bars for felony manslaughter. justice? or cruel and unusual punishment? a must-see kelly's court, right after this break.

megyn: kelly's court is back in session. on the docket today, facing hard times for texts behind the wheel. twenty-year-old annie visconian is facing up to six years behind bars, charged with felony, vehicular manslaughter,

after striking and killing an 80 year-old man. prosecutors say she blew right through a stop sign while sending a text message. running down the senior citizen who was crossing the street, minding his own business. but six years for something millions of american drivers do on a daily basis? is that fair? let's ask our panel. defense attorney mike igrosh and jonad fillmore. pretty me start, nobody says texasing driel whiefg -- while driving is onac thing -- is not okay thing but to be honest most americans have either done that or spoken on a cell phone or looked down at a radio for a few moments, a car radio, or done something to take their eyes off the road that is arguably equivalent to texting while driving. >> quilt as charged, megyn. i'm not suing she shouldn't necessarily get six years, the maximum is reserved for the most heinous of defendants, maybe with a prior record no, remorse, so

i don't know about six years, but do i think it's the right charge in without question. i'll take it one step further, under the statutes in florida, i don't understand how the prosecutor who is conservative won't elevate the charge to gross negligence because the conduct she was engaged in in california is actually unlawful. three years ago, they made texting while driving an unlawful offense so be distinguished from numerous states that don't make it unlawful and i think that will elevate it up to a potential of ten years in prison as a sentence. megyn: jonna, is there any way that six, four, ten years in prison are appropriate for this came? -- crime? >> no, i'm uncomfortable with the crime being a felony, megyn. the chance of you killing yourself or someone else while loling behind the wheel is very real but texting for a teenager is like breathing to us and if we make this a felony we are going to unfairly target young people who haven't gotten it yet. is it a criminal?

let's take california, for example, they have a statute which is a misdemeanor which does criminalize it. megyn: should it be a miss 2k3450e7bor? -- misdemeanor? a man is dead. >> but there was no intention to kill him. megyn: there wasn't the intention but she's dead, mark, and she caused it. >> yes, her argument would have more merit if she would offer $10 for the next new lexus instead of $5. calling this a misdemeanor is completely out of line. the question is what felony applies in my opinion and to make it a vehicular manslaughter where she's facing up to six years as opposed to up to ten for the gross negligent manslaughter is a stronger argument to make. i think less than six years is obviously appropriate, but to call it a misdemeanor, no. >> why not throw the book at her, maybe it wasn't -- i agree it wasn't intentionally -- intentional, i'm sure it was a negligence on her part, they decided to text and didn't mean to kill anybody, but she did, so why not treat this as the felony it

is with some harsh jail time to send a message to every other would-be texter while driving? >> i think we can send a message. look, it's a crime, yes. i think we can send a message if we yank the driver's licenses away from people who do this. megyn: we're not harsh enough. >> whether they kill somebody or not. that's the problem. texting is such an innocent activity unless you're behind the wheel, and i think especially young people, and this defendant is only 20, they don't get it. megyn: if somebody kills my relative, i don't care if they're young or they're old or it only took them one second to look down, i don't care, i want them to be punished and a manslaughterrage sent to everybody else who would do the same thing they will be punished veery if they repeat the conduct, mark. >> absolutely, and i'm not sure how the behavior is that much different than drinking and driving. in fact, when you define drinking and driving in most jurisdictions the prosecutor has to prove that one's

normal faculties were affected, their ability to judge distances, act in emergencies, drive an automobile. those are the exact same things. megyn: but is it more akin to drinking while driving but aquin to stuff we all do, which is mess at the radio, look at our kid, talk to our spouse, look in the mirror, see if your makeup is okay, whatever it is. >> megyn, you see them on the road. it's akin to drunken driving in terms of what they're displaying, the actual behavior on the roadside is no different than the manner of driving of most drunk drivers. mega doppler live hd 7000 -- megyn: yet jonna, truth is, honestly, felony, is it basically a roll of the dice then because all of our viewers have done one of the things i mentioned so it -- is it proceed at your own risk, if you kill somebody, you're going to be faced with a felony in. >> 12 people in a jury box, are they going to want to convict this 20-year-old girl of a felony knowing she could go to prison for six years? i think it's going to be a tough sell. let's be a little more lenient with t look, we

still have civil statutes she's going to be slammed with, but i don't think she deserves to go to prison for six years. megyn: good debate, thanks. maybe it was only that one time she looked down and tested instead of looking at the road. more likely it was the only time she got caught. a man is dead because of her careless less, her thoughtlessness, days before christmas and she is clearly to be blamed. she should be sentenced to send a message to all the other careless drivers, we'll be right back.

megyn: helping our soldiers find spiritual comfort when they are serving on battlefields far from home, religious correspondent lauren green is in our newsroom with more. >> reporter: the front

lines have preloaded mp3 players so they can hear the word of god, no matter where they are. >> reporter: the front line is nothing like home but for thousands overseas, this mp3 player has become a friend through hard times. >> somebody by your side, knowing there's maybe a higher purpose, to remind you of some of the hardships that others have had to endure that make your hardship look relatively small, to remind you your core beliefs. >> the mp3 players have things like a holy. >> the love of god, the love of neighbor are the same unique reality and cannot be separated. >> religious music. >> ♪ >> ♪ >> ♪ >> reporter: or inspirational reading. the players are provided by the front line safe project, sherry lamont, a catholic, started the grassroots effort last spring after learning service members go months without access to a chaplain, the group, hanking out nearly 7000mp3s so far. >> the soldiers in the field, you know, once they

get it, they want their best friend to have it, too, and the feedback that we're getting is i get to hear a mass every day, or i get to hear these prayers. >> reporter: the army sends all its active duty chaplains are filled but it needs 300 more for the army reserve and national guard and has only 100 catholic priests to go around. the front line is many of the religious organizations providing help not only for soldiers but chaplains as well, groups like military ministry and providing spiritual belief to soldiers living in the reality of war. the players cost $24 each. to donate, go to front line project.org. kelly. megyn: a man says he found the virgin mary and baby jesus in a piece of candy! we'll show it to you, next.

i'm off to the post offic.. ok. uh, a little help... oh! you know shipping is a lot easier with priority mail flat rate boxes. if it fits, it ships anywhere in the country for a low flat rate. plus, you can print and pay for postage online. and i can pick them up for free with package pickup. perfect! cause i'm gonna need a lot of those. wow! i knew i should have brought my sleigh. priority mal flat rate shipping starts at $4.90 only from the postal service.