weapon of her own -- a handbag. watch her whacking away at the bad guys. two of the bad guys fell off their motorbikes. one pinned down by passers-by until police arrived. so granny saved the day. gregg: what's in the bag, bricks? that will do it for us. "america live" begins right now. have a great day. megyn: fox news alert. new numbers raising new concerns that america's housing crisis is about to get worse. welcome to "america live." i'm megyn kell cree. mortgage foreclosures very high.

the recent numbers suggest that the numbers are growing right now. eric bolling is host of "follow the money" on fox news. 2.9 million in 2010 and it would have been higher if there wasn't the debacle of sending out the foreclosure notices, so they slowed it down in the fourth quarter. they managed to hit a record when it came to foreclosures. >> exactly. take a look at the headlines. "housing" and "housing." they're trying to get homeowners out of homes so they could turn around and sell them, delayed the inevitable, but it was delayed for the beginning of 2011. looks like 2011 will have another one million homes repoed by banks.

prices down 26%. it's never been this bad, not even during the great depression. 11% of homes are vacant. and 23% of people in homes now, almost 1 out of 4 homes, are underwater, owing more on their homes than their worth. megyn: even if the feds wanted to step in, they couldn't. they don't have the money. so we're talking billions of losses. >> there are two programs. one is home affordable mortgage program. right now, $29.9 billion slotted for the program. so far, a very, very small amount of people are using it. the f.h.a. short refi program,

$11 billion slotted for this program. 38 homeowners have used it. 38. megyn: why? is it too onerous? i told our viewers before. i have a home that's under water. back when it broke and they said they would help people, i called just to see, is it something i can do? no, no, no, no, no. so i'm underwater and paying. >> there are homes that are so far under water, homeowners don't want to go ahead and refi. it's easier for them to walk away. and banks don't want to change the principal. to get the homeowner and the bank together, it's very difficult. homeowners are frankly saying, we're going to walk away. megyn: there is no end in sight. >> there is. there's a light at the end of the tunnel.

once this huge amount of inventory moves out, and it could be the second half of this year or first half of 2012, prices will stabilize. megyn: how will you get that huge amount of inventory to move out? >> people buy. megyn: not in this market. >> people are renting on the sidelines, looking for homes. this "wall street journal" article -- megyn: prices are cheap, but we still have awful numbers. >> cash buyers. megyn: who has cash to buy a house? >> when the prices are low enough, it compels people to go in there. megyn: that's crazy talk. that's life on wall street. who has $200,000 cash to buy a house? >> people are on the sidelines looking to buy the house. megyn: those are beautiful sidelines, gold-plated sidelines. eric, thank you. check him out at 9:00 p.m., except thursdays, at 10:00. we have a new report on the job market that is discouraging.

job openings fell for the second straight month in december. employers advertising 3.1 million jobs that month, the lowest total since september. new developments in the fight over the president's healthcare law. we've been telling you about the federal judge who has declared the law void because he said it fell because of that individual mandate, which is unconstitutional, according to him. now some idaho state lawmakers want to do the same thing and then some. as you can imagine, it's sparki a debate. what am i talking about? we'll explain the developments out of idaho. >> reporter: we're talking about nullification. a number of states are turning to a centuries-old concept. states say, no thanks. we don't like that law. we will not recognize it within our borders. idaho is one of the first states to consider the move.

>> it's a straightforward provision that says it's offlimits to idaho citizens and it would at least attempt to impose criminal civil penalties that violate the idaho bill and comply with the federal mandate. >> reporter: lawmakers have taken so much heat that they're introducing a new bill stripping out the words null and void. the message -- don't spend time, resources and energy trying to come into compliance with the federal law. idaho's attorney general saying, "there is no right to pick what laws to follow." many agree. >> the analysis by the attorney general was spot on. the reality is that this bill would eviscerate the supremacy clause. that would flip the constitution on its head and it would return us to the days of the articles of confederation which the framers rejected. >> reporter: idaho is one of

six states considering nullification. just yesterday, a committee in the pennsylvania house passed a similar measure. megyn: if you want to know more about how it would work, you can find the details on foxnews.com/politics. we have a fox extreme weather alert for you now. bundle up, folks. a new system bringing snow down south. a freezing blast of air in the eastern united states. take a look at the radar. the storm is spreading from the greater denver colorado area to kansas and oklahoma. oklahoma could see another foot of snow from this storm system. and dallas, texas, may see another couple of inches. even atlanta getting snowshowers. kids down there enjoying unusual snow days. it may be no surprise to hear that january was colder than normal for the country.

the average temperature was about 30 degrees. how about this one? january was the ninth driest month on record in more than 100 years. how can that be? dry? fox weathercaster will join us shortly. bitter irony for the guy that revolutionized staying in touch. mark zuckerberg had to get a restraining order against a man who has been stacking him. he's been showing up at the facebook headquarters in california and that's not all. laura ingle with more. >> reporter: mark zuckerberg says that the guy has been trying to track him down on-line and at work but also the old fashioned way -- showing up at his home. and zuckerberg doesn't want to

find out how far this guy will good to get to him. now he has an order of protection that he needs. a california judge has ordered 31-year-old predeep manukonda to stay away from zuckerberg. he has been following, surveilling and contacting him using language threatening to his personal safety while asking for money and advice. here we have a couple of examples of the troubling messages sent to zuckerberg on facebook. >> reporter: police tell us

that manukonda has not been arrested and was only admonished. facebook can confirm that there is a restraining order, but has given us no further details on the case. the california stalking law states that anyone that willfully, maliciously and repeatedly follows a person with intent to place them in reasonable fear can be charged with stalking. and manukonda now has been hounded by reporters, claiming that he never meant to scare the facebook c.e.o. and tells members of the media that he will never bother zuckerberg again. megyn: thanks. the drug war on the south border is hitting close to home again. two texas teenagers shot and killed for making the mistakes of going to a friend's party. chrysler spends $9 million on a super bowl ad meant to pump up

its brand. wait? chrysler owes the american taxpayer several billion dollars. wait until you hear what chrysler c.e.o. just called you, the american taxpayer. and after a jumbo passenger jet and two military planes nearly collide head on, this is the case in which the american pilot said, that was not good, an air traffic controller says that union controllers are watching movies and playing solitaire on the job and that we are seeing near misses now of commercial airline jets. we'll see if there's a problem in the control tower just ahead. pumpkin pie!

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megyn: new evidence in the case against a tampa mother accused of killing her own teenage son and daughter. police say they found a note written by this woman before the murders. in it, she not only writes about buying a .38 caliber revolver but says to the three-day waiting period she would be facing "delay the massacre." this woman is facing first-degree murder charges in the deaths of her 16-year-old daughter and 13-year-old son. their father is an army colonel serving in qatar at the time of the murders. new details on the murder of two texas teens right along the u.s. border with mexico. the pair had gun to a friend's party in juarez and decided to stop by a used car dealership on the way out of town. they never got farther than

that. trace gallagher live with more. >> reporter: you saw them, 15 and 16 years old, they were shot and killed along with their friend at that car dealership in ciudad juarez. one of the bodies was found inside a white cherokee. there were 60 shell casings found at the scene. there were two managers at the car dealership at the time. one of the managers refused to give a statement altogether. the other did, but it hasn't been released. the teenagers were both students of cathedral high school in el paso.cathedral high school, 20% of their students are from ciudad juarez. it's an all boys school. >> you want to be as honest as possible and address it head on.

i can't imagine that there's a single-family on either side of the border who has not been affected by the violence in juarez. >> reporter: that brother went on to say that it appears that the evil is winning down there. you look at the numbers and he has a point. 3,000 plus murders in ciudad juarez in the last 12 months. they have very few police officers and the police officers who investigate the crimes end up dead themselves. keep in mind, winter break and spring break, coming up in the next couple of weeks, and there is still warnings from the state department as well as from texas telling spring breakers to stay away from the border cities along the texas and arizona borders, even california, because it clearly is not safe to be down there, one, because they simply don't have the police to keep the

spring breakers safe. megyn? megyn: trace, thank you. president obama told bill o'reilly that americans are evenly divided when it comes to his signature healthcare law. not according to the latest polls. stunning new numbers just out and they're after this break. an air traffic controller whistle blower making shocking claims about what's really going on when controllers are supposed to be keeping you safe. we'll tell you what he's claiming and we'll investigate the evidence. and horrifying new video coming in on what happened when a driver headed the wrong way down a california highway. breaking news just ahead.

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megyn: welcome back. 1:21 here in the east. protesters in egypt rejecting the government's latest concessions. today for the first time as well, a google executive credited with organizing the very first protest actually joins them. egyptain police released him yesterday. planned parenthood retraining how to report risks to minors, this after video came out after a person posing as a pimp talked about underage prostitutes. the largest tv audience in american history for the super bowl. it broke the record last year and bumped the final episode of "mash" down to number three. new polls out today and they're bad news for the president and

his healthcare overhaul. two days ago, the president was telling our own bill o'reilly that america is evenly divided on his healthcare reform law. listen. >> i think in this country, there's no reason why if you get sick you should go bankrupt. the notion that that's a radical principle, i don't think the majority of people would agree with you on. >> why do the majority of people not support obama care? >> it's evenly -- >> it's close. >> it's evenly divided, bill. megyn: new numbers just out from rasmussen shows it's not that evenly divided. these numbers show that 58% say they favor repeal of the law. 37% oppose. and the numbers are even more stunning when it comes to independents. 63% of independents favor appeal. sam bennett, c.e.o. of women's campaign forum, and my guest now. that's when it comes to repeal.

when it comes to do you support the law in general? 58% say they don't. and even the clear politics puts it at 48% opposed, 40% in favor. >> well, i think the numbers have been tracking pretty evenly. i don't think we've seen a big change in the number or spike in the number. the election's coming up, so the last thing the g.o.p. wants is for this healthcare legislation to make obama look good. they need to have their best shot at the white house. they've been pretty successful in throwing everything they can at this to decrease national support and they've been reasonably effective. megyn: they've been consistently against and they're not evenly divided. the public is against the law and in favor of repeal. >> but what i'm saying, megyn,

is we've seen these numbers since the legislation was passed. megyn: why isn't the president acknowledging that? why is he saying that polls show that the public is evenly divided? >> to be honest, if i get an upgrade from my current position, i could really answer that. megyn: you are a smart lady. you have a theory as to why he's not admitting what the polls show. >> we're seeing electoral politics on both sides of the aisle. obama has a re-elect coming up. the g.o.p. would be very happy to get back the white house. on top of that, we have upcoming congressional seats coming up also. everybody's posturing. the last thing that the g.o.p. can afford is for obama care, as it's being termed now, to being good, strong, healthy for the nation. so the g.o.p. has been working hard to take their potshots at it and obama will stand by it, of course.

megyn: that's the interesting thing to talk to you about. and i want to get to the other polls that rasmussen released. some are starting to waiver. >> and why do you think that is? megyn: well, obviously political, jon tester, people that voted for the law, who are coming out and saying, well, maybe i'm against the individual mandate. mainly do something to gut the law and, sam, you tell me, is that not blatant politics? >> of course, it is. blatant politics or sausage making, as i like to call it, is happening on both sides of the aisle. claire mccastle -- mccaskill is saying, maybe something less

than a mandate. if people only had car insurance that felt like having it, havoc would ensue. having the mandate is critical for healthcare reform to work. megyn: if you are going to have this law, you have to have the individual mandate. it pays for the other benefits, which is why -- i think the judges have a point that it rises or falls together and that will play out on the legal front. to me, you tell me, sam, it smacks of hypocrisy to have a guy like nelson, who was the 60th vote on this thing, and then did he got the cornhusker kick back and all that and then it got massaged to say, well, no, maybe not. >> cuts both ways. again, sausage making, right? there are people whose positions are up. they have to be careful. they have to make sure that they go far enough so people think they're listening to their electorate. megyn: these are democratic senators in red states.

>> yeah. they have to at least listen to their constituents. the sausage making is on both sides of the aisle. megyn: you got that right. when asked if the healthcare law will increase or reduce the deficit, 58% say it will increase the deficit. among independents, 68% believe that. when asked if the law will improve or reduce quality of care, 52% say it will reduce the quality of care. when asked if healthcare will raise or lower costs, 56% say it will raise it. 63% of independents believe that. that's why you will see moderate lawmakers trying to do something to appease the independent voters that they need in the next election. >> and it doesn't mean that the voters are right, right? it's their opinion. the g.o.p. has been effective, megyn, getting their side of the story out and arguably the

democrats less effective. sam bennett, everybody. >> my pleasure. megyn: michael vick is getting a big honor from the city of dallas and guess what the city of dallas is getting in return. we'll show you. it's a slick tv ad, but is it a smart move? a big political debate after chrysler drops $9 million on a super bowl spot while it owes you, the taxpayers, several billion dollars. >> now we're from america, but this isn't new york city or the windy city or sin city and we're certainly no one's emerald city. >> this is what we do. l your blood sugar. you exercise and eat right, but your blood sugar may still be high, and you need extra help. ask your doctor about onglyza, a once daily medicine

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megyn: back to our storm warnings. bitter cold in the east and more snow in the midwest. some areas may get up to another foot of snow. meteorologist here with more. >> blame it on the jet stream. what we're focusing on is that the jet stream will focus on the south. >> so that's what we're

monitoring at the current time. and take a look at the temperatures, as we look to the north, where the colder air is settled right now. 2 degrees in minneapolis. >> tonight, temperatures are falling below zero. as the jet stream shifts, colder air will move to the >> factor in the winds, and you can see we're going to see wind chills at 15 below right now in minneapolis and you can expect them to be much more extreme as we head into the overnight tonight. back to you. megyn: welcome to you. and so our viewers know, we're on baby watch officially over the next day or so. thank you. i meant janice, not shea, not me, not yet. if it's buzz they want, they

got it. chrysler's ad sparking major debate today. the automaker spending $9 million on an ad featuring detroit native eminem when it still owes the american taxpayer billions for bailing it out. did you get your money's worth? take a look. >> i got a question for you. what does this city know about luxury? what does a town that's been to hell and back know about the finer things in life? i'll tell you, more than most. you see, it's the hottest fires that make the hardest steel. add hard work and conviction and the know-how that runs generations deep, every last

one of us. that's who we are. that's our story. now it's probably not the one you've been reading in the papers, the one being written by folks who have never even been here and don't know what we're capable of. when it comes to luxury, it's as much about where it's from as who it's for. now we're from america, but this -- megyn: it's pretty cool. joining me now, lars larson and nancy skinner. it's not often you watch an ad and you get chills. i think it's pretty cool as far as a comeback story. and god bless the city of detroit and the automakers, but questions are being raised by republican lawmakers saying, what are they doing spending $9 million on a super bowl ad when they owe us, the taxpayer, $6 billion?

>> $6 million or $15 billion. apparently the italians that are on track to own 51% of this detroit auto company are not happy with their interest rates. megyn: shiester rates, he calls it, and the loans that the taxpayers gave him, "a thorn in my side." >> and will it sell cars? they're not trying to make political points with washington, d.c. or warm people up to president obama's administration. maybe that was the purpose of the eminem ad. megyn: i want to get my money's worth and i would like to get repaid and the way to get repaid is to get the brand name out there. >> as you know, i'm not only imported from detroit, i live in detroit. i'm in detroit. lars, i will tell you one

thing, to say that a company that receives any dollars should not use capitalistic techniques, i.e., advertising is insane. ads work. celebrities in ads work. this is a fabulous ad. it was two on the google search and increased the circulation by 1,600%. wall street received billions. are you saying they shouldn't use marketing and advertising? >> no. i never said that, nancy. nancy, you set up a straw man, as usual. i didn't say they shouldn't advertise. they should to sell cars. it looked like they were trying to sell the city of detroit. megyn: but it makes you want to buy a chrysler. >> i don't think so. i don't see it. >> let me answer the question. okay. they used eminem. a celebrity. that's why tiger woods makes

the big bucks. that's why william shatner, ben stein. celebrities work. there was a piece of the ad that resonated beyond detroit. we were thrilled because our story is never told out there, the hell and back story, that we've been through 10 years of recession. people don't get detroit and how fine a city it is. we're the second biggest new hollywood. all the films are being made here. >> you are not selling detroit. you are selling cars. megyn: it sounds good -- >> nancy is making my point. megyn: it sounds good. it's an american company and god bless. but the criticism has been, you've been to hell and back. what you really did was go to washington and back. you got a bailout from the feds to support union pensions and now the country has supported you and we're paying $9 million to fund an ad while the c.e.o.

of the company calls these "sheister rates," which is defined as someone who acts in a disreputable way. the american tax person? that's how they thank us? >> that's not right. nancy, they're not selling the city of detroit. it's a wonderful city. what you need to do is sell cars and pay the taxpayers back and keep the government the heck out of private business. to have an italian company based in detroit, at least you can use the ad to sell cars. >> look at the debate we're having now. look at the buzz we're getting. megyn: what do you make of the c.e.o.'s comments? >> they want to refinance the loan. they're paying 11% to 12% interest rates. megyn: those rates are high, but they had no other choice.

they should be thanking the american taxpayer, even at high rates. >> and they have. megyn: no. they called us sheisters! >> he went on to say that they want to hurry up and repay the loans as quickly as possible. all three automakers have come back and made profits. >> if they're going to repay the loans, why do they care about the interest rates? >> you can't say it won't sell cars. >> companies should have gone bankrupt the way they normally do, wiped out the union contracts, preserved the bondholders and it should have been owned by an american country, not fiat, which makes some of the worst cars in the world. megyn: we have to leave it at that. we're taking your comments on it at kelly@foxnews.com.

a whistle-blower report says a near miss at j.f.k. my have happened because of the controllers overseeing it and because they were not paying attention. videogames? solitaire on the laptop, anyone? that debate after the break. plus, kids have been playing with toy guns for decades, but that may soon change in one part of the united states. gun control and i do mean toy gun control for grade-schoolers, next. vzw]xçñux

megyn: well, the feds are investigating whistle-blower charges that air traffic controllers at one of the biggest centers in the united states are spending their time

chatting, texting, watching videos, and playing solitaire rather than watching the planes. these allegations made by a manager within that air traffic control center and were made just three days before a terrifying near miss between a passenger plane with 259 people on board and two military jets over new york city. joining me know, peter gold, former managing director of the ntsb. and scott brenner, former flight aviation administration senior official. scott, peter, thank you for being here. this is terrifying to me. this guy comes out. his name is evan sealy, frontline manager of air traffic controller. he comes out and raises the concerns before, before the near miss. he gets demoted. they said it was retalitory.

and then three days later, a near miss involving 259 people on a passenger jet. should we be concerned? >> well, anytime you have a near miss where you have a warning in the cockpit, you have to be concerned. the device that warns the pilot that he's in imminent danger of colliding with another aircraft, there's room for concern. megyn: and in this case, it was going, descend, descend, descend. and the air traffic controller said, this is going to be close. and the air traffic controller comes out and said, that was not good. >> absolutely. and to put it in perspective, last year, there were 133 million flight operations and 44 recorded class a deviations, this kind of event. so it's a serious event.

it has to be looked at, but thankfully, it's pretty rare. megyn: so 133 million operations. 44 reached the level that this one did, which is somewhat comforting, but underscores the seriousness of this incident. >> absolutely. it's a relatively safe system, and it is, by far, the safest system out there. however, do you have 44 or 45 instances where we have some of the best technology in the world and most of the instances are because a controler is not paying attention. if you look at the transcripts here, one of the controllers covering the military's jet has to tell the other controller two times, are you watching this? and the other controller missed it. megyn: yeah. there were two military jets and one commercial jet. the guy that was watching the military jets was doing his job.

the guy watching the american jet was out to lunch and had the aircrafts go to the same altitude and they came very close to hitting one another. in fact, it was potentially devastating. now this whistle-blower is saying that these are union controllers. they have little oversight. that there's a pattern of ignoring rules and policy. it's created a dangerous status. his reward for bringing this to people's attention was to get demoted. i want our viewers to know the national air traffic controller association said they're wild allegations and that the air traffic controlers put safety first at all times. it doesn't seem like that happened in this case. >> the union has had a long, contentious relationship with

management. and the new york centers have been almost a focal point. they're at each other's threats throats and there's been a number of studies taking place up there and clearly something needs to be done. there needs to be a way in which you have work rules that allows you to staff up when you need people on station and allows you to ramp down when you don't need so many people. megyn: what do they oversee in this air traffic controller? >> it's a center, so they're controlling a lot of airspace. so they're not the guys that are directing the landings and takoffs. once an aircraft gets in the air, they control it until it gets to the next sector. on the union issue, it's hard enough to get rid of a government employee. a government employee with union backing is just about impossible. megyn: and that's a scary matter if you are talking about

an air traffic controler playing solitaire instead of looking at a passenger jet. gentlemen, thank you so much. >> thanks, megyn. >> thank you. megyn: breaking news now about toyota and what caused the sudden acceleration crashes last year. new details of a pharmacy allegedly giving a pregnant woman pills that could cause miscarriage. óyú÷úyi ñíuótkñíz?eñwño

megyn: fox news alert. in just a few moments now, we'll see a news conference on the results of a 10-month-long investigation into unintended acceleration problems in toyota vehicles. now we're learning that this investigation, this is preliminary, we're waiting to hear the actual results, has found no electronic flaws that

would account for the reports of sudden, unintentional acceleration and other safety problems. there's been questions about whether there's something wrong with the electrical grid in the cars. the only known cause so far are mechanical defects. what will they say when they take to the microphones? we'll bring it to you at the top of the hour. well, a lawmaker in hawaii is taking gun control to the extreme, proposing a ban on toy guns. trace gallagher live with that. trace? >> reporter: this bill is moving forward. it's in the judiciary committee right now. they're having another hearing on it on tuesday. if it's passed, it would ban the sales of toy guns to minors. we're talking about these types of guns, like super soakers, and squirt guns, and nerf guns.

if you sell these to anybody under the age of 18, you are looking at a $2,000 fine or 90 days in jail. this was put forward by a democratic lawmaker in hawaii. a number of cities have banned toy guns that look like the real things, remember, they used to put the orange things on them? that's the man backing this, scott saiki. not the case here. you can buy toy guns if you are an adult. so the thing is, you can buy it and give it to somebody under 18, but if this passes, no one under 18 can buy it themselves. megyn: wow. thank you, trace. the white house wants to offer a big aid package to states struggling with debt. critics say it's step one to another bailout and that the feds can't afford it. that story in moments. the video is horrifying. it came in just moments ago. a driver heading full speed

ahead in the wrong direction on a california highway. breaking news on this coming up.

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megyn: fox news alert. the white house suggesting what could be another massive bailout for state governments. president obama set to propose billions of dollars in federal aid. soaring unemployment had placed a burden on state bank books and a huge number of these states can't pay back the money they borrowed from uncle sam to cover their debts. the states owe the feds money

for what? view fowhat? >> for their part of unemployment insurance. megyn: they had a bunch of people laid off seeking unemployment benefits. in order to cover those payments they had to borrow money from the federal taxpayers. >> it's a joint federal-state obligation. every dollar comes half from the federal and half from the state governments. the states are behind on their share and the federal government has been making up the difference. megyn: now they are turning to the white house and saying what? >> we had two bailout packages for the states. one was in the president's stimulus that was parts of the overall bail out package. then there was a $23 billion state aid package that included help on unemployment. states have been behind on this

for months and months as the problem has gotten worse. this is a way to give states two more years to get by with owing the government almost $50 billion. megyn: why does the obama administration think it's a good idea to forgive debt owed to the taxpayers by states? >> the states have $124 billion forecast short fall for the upcoming business year. the cuts will be brutal even in places like illinois and california where they forecast tax increases. they are still going to have to cut. what the administration thinks is if you lay off government workers it will hurt the economy because there will be fewer people spending money and it will drive up the unemployment rate. this is a way to help out their friend in state government.

but doing it instead of a direct subsidy, doing it with date forgiveness. >> it has the same problems associated with it as raising the federal debt ceiling. the critics say what message are you sending these overspenders? if you continue to step in and bail them out? and we'll have a fair and balanced debate on that question in 25 minutes. chris, thank you. a fox news alert on toyota. in a few minutes we'll see a news conference which will present the results of a 10-month investigation into all of those problems that made headlines for weeks on unintended acceleration. this investigation has reportedly found no electronic flaws that would explain these

sudden excel raitions. apparently they are going to say the only known cause so far of these problems are mechanical defects. what does that mean? i don't know. we'll be streaming it live on foxnews.com. we in our control room will monitor it and bring it to you as soon as we get it. another fox news alert. this involving a big fire at a chemical plants. check out these pictures from texas. details -- this is live, i'm being told. look at this. the details are still coming in. but we are told nearby residents heard several explosions at this business -- i don't know what kind of products they sell. we are told these products -- this business makes explosive chemicals. so we are going to get more details on that and bring it to you as soon as we have them.

the extreme weather alerts. the radar is showing a storm system that is expected to drop yet another round of snow, sleet and ice on millions of residents across five states, including texas. lynn? >> i'm look at the forecast. 63 degree today. it will drop to 23 by this time tomorrow. we are expecting 3 inches of snow in the dfw area. we had snow. then super bowl sunday we had rain and we'll have more snow overnight. last week we were just pushed to the brink, our resources. because of the super bell we were able to bring in snow plows and sand trucks. we could bring those in from other parts of the state. this week we don't have that available to us. and we have rolling power outages as well.

so we are worried about this upcoming forecast. megyn: we have brand-new video from california showing the horrifying moments before a wrongway driver slams into a highway median. the crash causing a four-car pileup and the driver said to be 83 years old. >> reporter: this is just outside of sds. there were no -- just outside of san diego. look at the video. two guys are taping this on cell phones. he's going up the southbound side of interstate 5. listen to the entire audio from the guys taping this. >> some old guy. >> what's this guy doing?

>> dose not know what's going on? >> oh, my god! report he actually drug the median then he was t-boned by an oil truck. he then smashed into two other cars. look at the scene. no life-threatening injuries. one man was take to the hospital. he has since been released. there were no drughts or alcohol involved. we do not know why that 83-year-old man was driving at 90 miles an hour down the wrong side of interstate 5. a very busy freeway in southern california. we'll play it again for you. he hits the median.

look at this. he goes over. he comes over to this side. he's close to that median. he will bump it, then here comes the truck. the producer are telling me he says he doesn't remember. he doesn't remember doing it. he doesn't remember why he did it. >> reporter: that's the only thing. nobody got badly injured. that freeway was shut down for hours as you can imagine cleaning up that crash. but horrific, nobody seriously injured. megyn: there was divine intervention when it came to that outcome. incredible. we are going to post that video to our webpage at

foxnews.com/americalive. surprising allegations against the gop. take a listen. >> republicans in particular are trying to appropriate ronald reagan for their own political purposes now. megyn: andrea mitchell claiming republicans are taking improper political advantage of ronald reagan and his 100th birthday celebration. michael reagan and his form early speech writer fire back as the mitchell after this break. algebra and calculus replaced with very grownup video in one elementary school classroom. the incredibly, stunningly stupid move by one teacher who turned on a movie that had no business in an elementary school lands them all in "kelly's court." she was supposed to get anti-buy ough --anti-biotics but she got

something that could kill her baby. >> the doctor said to see if i could make myself vomit to see if i could get medicine to come up. [ male announcer ] if you have type 2 diabetes,

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megyn: back to this stunning fire at a chemical plant down in texas. these pictures from a town of bellview. this is a company called enterprise products on fire. this company makes explosive chemicals. emergency crews are on the scene. we have not received reports of injuries yet but this is just break. as we get more details we'll bring them to you. new accusations against the gop today. critics saying the party used ronald reagan's 100th birthday to push conservative politics.

andrea mitchell saying republicans are miss appropriating the former -- misaproper yaight the former president's legacy. >> republicans are trying aappropriate ronald reagan for their own political purposes now. but his vision and ability to work across party lines are so far broader. >> ronald reagan was a republican. conservatives are trying to aproper yaitate him, he was a conservative. megyn: mike reagan is a her to of "the new reagan regulation." you had more and more trying to claim reagan as their own while republicans are saying, what are you doing? you can't claim him as one of

your own. he was a conservative republican. now there seems to be some war over who ronald reagan was and who has right to climb ideological affiliation with him. >> "time" magazine putsing barack obama and ronald reagan on the cover. or andrea mitchell and jeff greenefield after the state of the union address tried to equate the state of the union address to, gosh, that was just like ronald reagan. the republicans have every right to honor ronald reagan for what he did, not only for the republicans and conservatives but what he did for the united states of america and the world. for andrea mitchell to even ask such a question is beneath her. megyn: eugene robertson says the gop has a selectsive memory on

your dad. they say today's reagan would qualify as one of those big government tax and spend liberals who are trying so hard to destroy the american way of life according to conservatives. >> there might be some groups within the republican party who say he raised taxes as governor. but what's not in that story is when ronald reagan raised taxes, the states of california was spending a billion more a day than it brought in. his staff came and said we have a surplus in the state treasury. what do we do with it? my father said you give it back to the people. so they had to come up with a mechanism to give the money in the treasury back to the people of the state of california. what's missed also is not only did my far it raise taxes, at the same time he took spend and

cut spending. that's why there was a surplus in the state of california. the people of the state of california loved it and vote for him twice for the presidency of the united states. megyn: andrea mitchell says the republicans are trying to appropriate the image of ronald reagan. but after president obama's state of the union she came out and said on nbc news, i think he, meaning president obama was trying to invoke the optimism, the can do spirit that brings to mind ronald reagan in these settings. it's interesting to see some folks president obama as the new ronald reagan but object when conservative republicans try to claim him. >> the difference between boik

and ronald reagan for which there are many, starts in the hearts. ronald reagan did love american. he never went overseas and bad mouthed america. he always talked about the shining city on a hill. in america people don't feel good about where they live. they don't feel good about themselves. there is nobody out there cheering america. we need a cheerleader and barack obama is not it. megyn: back during the reagan administration, those on the left -- he did cross party lines and strike great compromises for the country. but the left, they weren't fans of your dad when he was president. >> they weren't big fans of his at all. but he went over their heads and went to the people. he went to the tea party tbriewcht day, the grassroots. back in 1980s 2 he promised

the democrats if you vote with me here i promise not to campaign against you in the upcoming congressional races. they vote with him and got lower taxes. 96 months of pure growth in the united states of america because of ronald reagan. megyn: thank you so much for coming on. a fox news alert. getting an update on the toyota situation. the transportation secretary walk up to the microphones in washington talking about this federal investigation into toy ohio's a many problems. >> we stated last year there are only two real world causes of high speed unintended acceleration in toyotas. first, some toyota floormats

entrap the gas pedals while the vehicles are in motion. second, so-called sticky pedals made some toyota acceleration too slow to release. as a consequence toyota issued recalls and paid for repairs on nearly 8 million cars and trucks. there have been record-breaking civil penalties. megyn: there is the headline. it appears they are concluding it's not a massive electrical grid problem but floormats which have gotten stuck under accelerator pedals and sticky pedals in general. there will and lots of people questioning that conclusion because many people do not believe that explained the problem they had with their

toyota, but that is the official conclusion. the secretary talking about the recalls and repairs of 8 million cars and trucks. streaming live, foxnews.com. new questions today about a new health campaign from los angeles. just ahead. someone thought it was a good idea to put up a how-to guide for people who want to take a powerful illegal drug. we are getting word the situation in small towns near our border has gotten seriously worse. details on that in 3 minutes.

megyn: amanda knox reacting to a made for tv movie about her murder trial. she is behind bars in italy and saying publicly she quote wanted to throw up after seeing herself portrayed in a new lifetime movie. her stepfather said she started hyperventilating while watching the trailer. she was convicted of killing her roommate in connection with what prosecutors allege was a bizarre sex game. but there are questions about that conviction and the case is on appeal. she'll get essentially a new trial. her fmily is threatening to sue lifetime if this movie airs claiming it could influence the outcome of that appeal.

drug cartel violence in big cities like juarez has gotten attention. some small towns along the u.s. border is even worse. steve harrigan visited one mile from texas where no law enforcement exists because all the policemen have been killed. >> reporter: a number of these small mexican towns along the u.s. border have installed female police chiefs. the idea was the drug cartels would be less likely to kill a woman. they were wrong. the previous chief's head was found in an ice chest. 28-year-old took the job two days after christmas. 10 gunmen pulled up to her house. dragged herb out and burned down the house. she hasn't been seen since.

the 9,000 people who live here, one mile from texas are back in the stoneage. no police, she says, no water, no electricity. you wage and hear gunshots. house on fire. we are scared. violence by drug cartels in the big cities gets media attention. no one knows or even records how many people are killed in small towns like this where the state, the police and the people have already given up, where a nation's flag flies in surrender. these cartels wants to do a lot more than just sell drugs. they want to control entire towns and territories in mexico. and in some parts of the country, they are winning. megyn: we are devoted to taking a closer look at growing national security threat along our southern border. to read more on america's so-called third war you can head

over to foxnews.com. a bunch of 12-year-olds go into the 7th grade. instead of getting a math lesson they get a private screening of "brokeback mountain." including the most graphic are* rated scene -- graphic "r" rated scenes. the white house poised to bail out the states again. is that a good idea? our panel debates that next. she was supposed to get anti-biotics from the pharmacy. instead the pharmacist gave her something that could kill her unborn baby. >> this is my first child. maybe she'll have deformities. there is a lot that goes with it. ready sensei.

hey tough guy, that cold needs alka-seltzer plus!

it has the cold-fighting power of an effervescent packed in aiquid-gel for all over relief! hiyah! dude! megyn: welcome back. we are getting video of a head-on bus crash from inside the bus. closed circuit video shows the shocking moment of impact. passengers reacting with horror as a truck smashes into the bus in turkey. amazingly no one was killed. the for under of a muslim-oriented tv stays has been convicted of beheading his

wife in what has been described as an honor killing. the jury rejecting the argument that he was abused by his wife and the killing was justified. in colorado today woman goes to the pharmacy to fill her prescription but because of a mixup she comes home with a different medication and she takes it. now she is in danger of losing her unborn child. >> reporter: . she went to the safeway in lipton, colorado to get her new round of anti-biotics. she took one, she felt nauseated. she checked the bought and it wasn't hers. what she got was a drug used for chemotherapy as well as to terminate pregnancy. she called her doctor. the doctor said try to throw it

up. she was given charcoal to absorb the drug. safeway admits they gave her the wrong drugs. they say they will pay all the medical bills. but silva says, sorry is not good enough. >> tier for all this to happen now it's overwhelming to know i have to come home and sit and wait, maybe the baby could have deformities. sorry is not going to kit. i'll have to deal with this for a long time. >> reporter: right now it is still too early to know the exact effects of the pill. they are monitoring her blood work. this could affect the baby. the doctors say the baby could be just fine. it's a matter of waiting and seeing. megyn: that poor woman. that is a lawsuit you don't like to file. if you are a defendant you just pay. trace, thank you.

back now to our top story. what could be the first signs of another bailout for state government. president obama set to propose billions of dollars in federal aid as part of his budget plan designed to help states pay back the money they borrowed from uncle sam for unemployment benefits. i confess this is a confusing subject matter because unemployment benefits and how it works. but the bottom line is the states owe the feds $42 billion and they don't have the money to pay it. the obama administration is trying to find a way to give the states a break and prevents raising of taxes within those states. that's a controversial idea? why? >> 30 states, $42 billion.

after 2014 those states will are to raise or double their payroll taxes on small business. between now and then there is probably better things the administration could do not to increase the deficit, and not to encourage the states to be enablers. megyn: we keep hearing if you continue to help them out of these sticky financial jams, what lesson does it teach them? >> that's the philosophical question we always face. it happened with the bailouts with the banks. people feel like these people run up these bills, they get themselves into trouble and the rest of us have to bail them out. there are two philosophies. one is let them bail, and the other could be harmful to the overall economy if you did let them fail. if the obama administration is on the side of let's prop them up if we can to keep the overall

economy from being in a worse situation. the reason i wouldn't call this a bailout necessarily. they are not saying you never have to pay the money back. they are delaying it and trying to prevent them from having to pay the penalties that they will have to pay if they don't get a stay. megyn: republicans have been vocal about the facts it's not the time to raise taxes in an economy that looks like this one. if we don't give the states a break the taxes will go up in corporations in many of these states. so does president obama have a good argument, now is not the time to let that happen? >> in six of those 30 states taxes are already being raised on corporations and small business people. small businesses create 90% of the jobs in america. but the president could invoke an executive order.

we don't have transparency and we don't have accountability at the federal level and say, rather than raising taxes, here is the money, get your house in order. megyn: isn't that what ben bernanke has been criticized for doing? >> that sounds like a bailout. which to me seems to be not a popular thing with americans. not just conservatives. americans in general are tired of the idea we have to keep bailing people out. what the obama administration is trying to do is a pretty responsible way to do it. they are saying you are going to pay this down the road. we are going 0 give you a break and not make you pay the penalties for being late. megyn: how do you scare these states into fiscal responsibilities. like when your parents call you i side and say i'm not going pay that visa bill.

i'm not helping you any more. how do we do that for the states? >> i think in washington there has to be a push for transparency. there is no best option here. what people don't understand with president obama's proposal, they are going to raise taxes in 2014. if name a small business owners i'm not going to hire additional people knowing my taxes could be doubled in 2014. megyn: the other side wants to blame this on public employee unions. why should the federal taxpayer have any handle in solving their fiscal problems. >> is there any way to make them stop doing this? if we could figure that out, we would win some major international prize. that's the big question. i think it is incredibly frustrating to see over and over

having to have the american people have our tax dollars be bailing out people for being irresponsible. let's face it. we know why most this happens in the states. they are doing it for political reasons. they are spending money to get votes. and then we end up having to pay for it. i think that it is -- it's a constant fruls traition. you have to try to find this balance of not letting everything fall apart, but also trying to instill some sort of accountability. megyn: there are 14 states in budget. you have got to wonder how they feel about this program. thanks so much, good debate. a math teacher decides to show the film "brokeback mountain" to a bunch of 12-year-olds, including the most graphic scenes. the parents tried to hold that teach and that school responsible. wait until you hear how that turned out.

why would public health officials publish a how-to guide for taking the drug ecstacy? look for answers in los angeles.

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on the docket today, watching brokeback mountain in math class. elementary school in chicago. students overjoyed about it site of a substitute teacher that day. it got even sweet when she said we'll watch a movie. her big screen selection got two numbers down from several who were forced to sit and watch that movie, "r" rated. a 7th grade 12-year-old girl tells her grandparents and those parents claim she suffered severe emotional distress after seeing explicit gay sex scenes. those were included in the bit this teacher chose to to screen. the judge just tossed the lawsuit. was that the right decision? let's ask our panelist.

mercedes colwin and joey jackson. the substitute teacher, colossally stupid. that's just a fact. i'm sorry. that's my opinion about this woman who decide this is a good idea for 11 and 12-year-olds. but is it legally actionable? >>it is actionable. you have to know and understand that a substitute or otherwise, this is simply not appropriate. it shouldn't be done. why does the school have a policy that you only show "g" rated movies? because "r" has sex signs, violence. no one should be subjected to that. further mow, this is a math class. it's not like it's a social awareness class. it has no place at all it's unjustifiable. for the school to assert she did and we had no idea is

inexcusable as well. if you have a executive you screen the con tefnlts what they are doing and you make sure what's going on in that classroom. megyn: how could the jury throw this case out? the jury found in favor of the teacher. >> she obviously lost her mind and she certainly should have not played this. but the jury got it right. when you look at cases that fall squarely into intentional infliction of emotional distress. did you get assaulted? no, did you get raped? no. those are the kinds of cases, that's what the law is. outrageous conduct. this 12-year-old goes to counseling on one occasion and stops going on the follow yum. writes the he rear emotional distress? megyn: the standard outrageous is not the same in the law.

outrageous under illinois law means you have to prove the distress is so severe that no reasonable person could be expected to eve -- expected to endure it. does she have a points? >> of course she has a points. here is the problem. we respect verdict of the jury, with he live and die by them. that substitute teacher was never called to testify. that's inexcusable. if i were the lawyer representing the plaintiff i would put them on the stand. >> the burden of proof rests with that 12-year-old and her grandparents. megyn: they didn't put the school teacher on the stand. >> why do you wait for the defendant to call them. you call them in your case in chief and say you showed this

movie, you night was "r" rated. >> 2% of the united states are gay. i showed it because i wanted to sensitivity. you put it on a stand it will explode your case. megyn: then you have say, dumb, dumb. this isn't whether you are open minded to gay relationships or not it's about showing material that's grossly inappropriate. >> look as the young and the restless *. don't they have people in bed at 1:00 in the afternoon. megyn: i'm sending him to school to learn math. it's too late for you now mercedes. >> it's highly inappropriate, regardless. we gene send our children to school and we send them there to be educated. it's not up to a teacher time

pose their val use of wha -- too impose their values of what is appropriate. megyn: the school district would only say she is no longer working there. you know what else? she was union. normally what happens is they pass the trash and teachers like that wind up atoer schools. you tell me, america, is marnetta beaufort at your school? you might wants to foul on what's happening behind closed door. megyn: outrageous under the law is meant to ex-commute almost everything. what she did was wrong. she owes these children and their families a public apology. if she ever manages to get another job teaching let's hope she sticks to algebra.

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megyn: we are getting new details at this huge fire at a chemical plant in texas it appeared the second building has gown in flames. see the black smoke behind the main smoke in the front in sources i gets's called bellview. they are saying there are no reports of injuries. they make explosive chemicals. the associated press is reporting a nearby school district is keeping the children inside the school. you can imagine when you have flames like this at a chemical plant, it's not good. we know that drug ecstacy is

dangerous. we now it's illegal. what we don't know is why health authorities in los angeles are launching a campaign to teach young folks how to use it. >> reporter: they hold rave parties at the l.a. coliseum. there is dancing and drugs. if you have never seen one of these rave parties, take a look. 180,000 young people showed up over two days. 118 of them were taken to emergency rooms. half those on drugs. 23 had overdosed and hundred 18-year-old died. the dance party promoter goes to the city council to answer questions and get some help. listen to this back and forth. >> do you know you have got an ecstacy and other drug problems, how can we help you have address that issue. >> these issues are beyond the event. i think education might be the

answer. >> reporter: apparently the l.a. county health department decide you have might as well know how to use these things. so they are issuing flyers at the next rave party, kind of how to advice what to do if you take ecstacy. take frequent breaks from the dancing. stay hydrated. because it's important to have water in between your hits of ecstacy. megyn: that's enough. that's enough. let's do them the favor of not publinotpublicizing it first. the next one is aim low. take low doses if you can and infrequently. megyn: these are the officials of the city? >> reporter: yes, this is from the health department. megyn: these are your people. >> reporter: after the show is over i'm packing my kids and moving back to new york. megyn: coming up after this

break a whole lot of hoopla over whoopie pie. rking, waiting to s. 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. 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,

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