jon: you want to know what's in the cowboy code? jenna: check out our website. we'll have the codes listed for you. jon: jenna's idea. jenna: giddiup. "america live" starts right now. megyn: thanks, guys. this is a fox news alert on a critical meeting at the white house right now. republican leaders going toe to toe with the president over what they call out-of-control federal spending. welcome to "america live." i'm megyn kelly, where we're watching not only the white house but awaiting news from janice dean. and we're awaiting the three top republicans in the house to come to this microphone.

they're expected to challenge the president on the economy, jobs, the deficit and the healthcare overhaul. is there any room for agreement on those issues? on the way in, the house whip, kevin mccarthy, was talking tough. >> when we go down to see the president, i'm very hopul -- you won't be there, teleprompters won't be there, but we'll have a frank conversation and how we'll create jobs and cut the spending in washington. megyn: as soon as the house leaders come out with the news, we'll bring you their comments live right here. many of you out there starting to feel like you are in "groundhog day." you are looking live at oklahoma city, oklahoma. another dangerous winter storm system, dumping ice and snow across the plains and into the deep south. parts of tulsa coming close to breaking the nearly century-old

winter snowfall record of 25 inches in a single storm. how about that? kansas has seen up to 17 inches. arkansas up to 1 foot. adding to the misery, frigid cold temperatures and powerful winds. almost half the country facing wind chills either single digits or below zero. coming up, the frigid forecast, where the storm is headed, and when we'll get relief. another fox news alert. we have breaking news on a controversial case involving an arizona rancher who tried to stop a dozen or so illegal immigrants from trespassing on his property by holding hem at gunpoint. roger barnett has been ordered to pay $78,000 for the 2004 incident. a jury ordered that. he appealed it to the ninth circuit court of appeals, which has upheld the jury's verdict. we're just now getting news

from barnett's lawyer, this case is still not over. trace gallagher has the breaking news from los angeles. trace? >> reporter: in fact, megyn, we just got off the phone with roger barnett's attorney and they plan to ask the ninth circuit court to rehear the case. they would like the entire ninth circuit court to hear it. this was a three-judge panel that heard it. he knows the odds are long, but believes it's worth it to continue fighting. the lower court did not find that roger barnett violated the rights of the illegals that were on his property or that he held them captive. he ruled that barnett could not claim he was acting in self-defense because he, himself, he said he was never attacked by the illegals. john roll, of course, was shot and killed in that tucson

massacre last month. he presided over that case. some say this ruling shows that vigilantes cannot run wild in the southern part of that desert. a lot of ranchers down there disagree. here now is roger barnett. listen. >> i'm not a vigilante. i'm a patriot. i'm a patriot for my country, for my state, for my county. that's my place out there. it's not theirs. they're here illegally. they know they're criminals. >> reporter: and, remember, this incident happened in 2004, 2004. that's five years before rancher robert crenn was shot and killed on his own ranch allegedly by an illegal immigrant. roger barnett has shown us around. he's showed us the trash down there on his property that has affected his cattle and affected his life.

barnett, by the way, is among those who helped start the minutemen back in the 1990s. over the past 10 years, megyn, he's held thousands of illegal immigrants while the border patrol came to pick them up. in this case, the court ruled against him. megyn: and if i'm not mistaken, the cren ranch is nearby. the court, the jury, and now the appeals court ruled that he went too far. trace, thank you. i also want to tell the viewers that not only did this jury and the ninth circuit say that he allegedly assaulted a couple of illegals, but awarded almost $80,000 because they said three of the illegal immigrants suffered from post traumatic stress disorder after they tried to pass over his ranch illegally and then were held at gunpoint by him. we'll get into more of the

facts of the case, which has made a lot of national headlines, and that court's ruling. and coming up, barnett's attorney will be here live to talk about this controversial ruling out of the ninth circuit court of appeals and what's next for his client. in kentucky, protesters are turning out to complain about an illegal immigration bill that would give police new power to stop and potentially arrest illegal immigrants. critics of the bill are furious, saying the measure is racist. they see it as worse than the arizona law that critics have objected to. it passed the kentucky senate easily and it will be up for a vote in kentucky's house next week. some state lawmakers are concerned about the proposal, saying that the language needs to be changed. others say the bill will send a message to washington to take a tougher stand on the issue of illegal immigration. the suspected leader of a north carolina terror plot is due today in court.

daniel patrick boyd scheduled to file a plea today. the f.b.i. says that agents found dozens of guns and 27,000 rounds of ammunition at boyd's home. that's a lot. during a court hearing, the feds played audio tapes allegedly of boyd talking about martyrdom and his disgust with the u.s. military. a heated debate over abortion boiling over today. just a short time ago, pro-choice lawmakers blasting a pair of republican measures that would prevent your money from being used for abortions, calling the bills "extremely dangerous." that's not all. shannon bream joins us. >> reporter: the bill has been

called despicable. and then we heard from jerry nadler, who said that the republicans have complaint about the government overreaching and yet they're asking the government to intervene. one of the bills would get rid of tax breaks for employers if the plan covers abortions. the debate on capitol hill is playing out as ohio is considering what could be the first measure of its kindsinger the so-called heartbeat bill, would ban any abortion when the heartbeat can be detected. it could be as soon as 18 days after conception. >> i commend the legislators in ohio that are pushing the envelope on protecting innocent life. if you can detect a heartbeat, how can you argue it's not a

human being. >> reporter: a hearing is getting under way on the pitts' bill based on what we've heard, we're expecting fireworks. megyn: thank you. the number two democrat in the senate said he doesn't know what the democrats will do to try to fix the job picture. monica crowley with some thoughts on what that means for workers and the president. new theories in the bizarre death of a washington lobbyist that burned to death in her own car. police looking at a popular accessory featured on millions of cars, perhaps one that you own. plus, an english woman in her 20s comes to the united states to get plastic surgery. now she's dead. a search is under way for the people who may have killed her. the bizarre details of what she had and how it went wrong straight ahead.

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megyn: well, we're getting reports now of a new theory in the unsolved death of a washington, d.c. lobbyist. they know how she died, but they don't know what caused the fire. last month, the body of ashley turton was discovered inside her own car. investigators believe the headlights of her s.u.v. may have been responsible for the fatal fire. their theory is that a work bench in the garage punctured the radiator and flammable fluid leaked and it because

ignited by the halogen headlights of the s.u.v., which are on now by default in a dark setting. more as we get it. jobs may be the number one issue, but one leading democrat said that he sees no easy solutions for improving the situation. senate whip dick durban said that other issues are holding up the jobs' agenda and he's saying, "i don't know what we'll do next to solve the jobs' situation." monica crowley joins us now. >> meet your leaders, america. he's the number two democrat in the senate. democrats in the congress don't know what to do next about jobs. first, cease and desist, stop everything that you've been doing over the last two years. they've had two years to try to improve the jobs' picture and they've said from the beginning after the '08 election, we're going to focus like a laser

beam on jobs, jobs, jobs. instead, what they did was push through a $1 trillion economic stimulus. megyn: they say it saved or created three million jobs. >> if you believe that, i have a bridge to sell you. they also said that that stimulus would keep unemployment to 8%. it sailed over 10% and it leveled off in that 9% to 10% range. so they blew nearly $1 trillion on the economic stimulus. and then they turned their attention to obama care. megyn: they said that would save jobs as well. >> we've seen the results of that, haven't we? instead, they've had piled enormous amounts of debt on to this country. blew up the deficit and -- megyn: when you hear dick durbin, number two democrat in the senate, saying, we don't know what we'll do next. and in this political

environment where republicans are so focused on cutting spending, what could we get through? democrats believe we should spend more, more stimulus, more investment in infrastructure. and now it's not just durbin, because the democrats will have a retreat in virginia to talk about it. and senators across the conference are saying, they don't know what course their leaders will take to lower unemployment figures. >> look, everything they've tried so far has failed and cost the country trillions of dollars. the fundamental approach that the democrats have taken, which has proven to be a failure, is government intervention and government spending. what the republicans want to tell the democrats is that government doesn't create jobs. the private sector creates jobs. megyn: you will not convince them at this point to come over to the republican side on that. what will happen for the folks that are unemployed?

>> we've run their experiment. we should lower the bush tax rates, lopering the corporate tax rate. megyn: president obama proposed that. >> let's see some action. maybe they should get to work on it as well as on tax reform. megyn, this is something that republicans and democrats agree on. megyn: president obama called for revising the tax code. they have to do something politically, right? the white house has to lean on the democrats to do something because the white house and president obama care about the unemployed and because, according to our research, no president has won re-election with an unemployment rate over 8%. now president reagan managed to win re-election with unemployment rate at 7.2%, but it had gone down 1.5% the

previous year. >> remember, we're dealing with a completely different animal in terms of this recession from previous recessions. so in previous recessions when we started coming back, as in the reagan case, we were creating 500,000 jobs per month in that recovery. megyn: 36,000 jobs created last month, far below what's needed. >> paltry and pathetic. the reason is, there is no job creation happening because the democratic policies of the last few years have created an incredible sense of uncertainty and oppression on the small businesses, businesses of all sizes, between obama care -- megyn: i have to go, because they're wrapping me, but why won't it create more jobs if we invest in infrastructure and green energy? you would need people to build the bridges and fix roads. >> first of all, it's enormous government subsidies. and government doesn't create

jobs. when they do, it's temporary make-work kind of jobs, so the job ends when the project does, instead of in the private sector, a job created gets more jobs created and more prosperity. megyn: there's an average of 4.7 job hunters per available job, so almost five hunters per available job. a healthy ratio would be 2-1. we'll tell you what, if anything, is decided at that retreat this weekend. a little more guilt for the working mother. our hours are making our children fat. dr. barry sears is here. you know barry sears? he's the author of "the zone." i'm looking forward to this. i've lived my life by that program and it works. lindsay lohan thought she looked great in this necklace. now we may see how she looks in handcuffs. we're live on the scene waiting for her arrest on grand theft

charges. she must like jail. a rancher takes the immigration issue into his own hands, holding illegals that cross ton his property at gunpoint. he lost the first round in court. he lost the second round in court. in 5 minutes, his lawyer will explain why he's not done fighting yet. >> it's bad down here. i think it will get a lot worse. i don't think i'm a vigilante. i think i'm helping the united states. i'm protecting my land.

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megyn: welcome back, folks. 1:23 here in the east. developing right now, the egyptain vice president is warning anti-government protesters that they have two options -- dialogue or a coup. opposition leaders remaining

defiant, saying that such remarks are dangerous threats. brutally cold arctic air invading the united states. there will be single digits to below-zero wind chills for almost half the country today. bundle up. the u.s. post office says it's bleeding money at a rapid pace and blaming its losses on advanced payments required to cover expected healthcare costs for future retirees. megyn: this after school special is brought to you by fox news channel. [laughter] from tenure to teacher performance reviews, how we educate our children is becoming a hot-button issue. more and more parents in recent times have turned and are turning to homeschooling. chris gutierrez live in dallas with some of the reasons why. chris? >> reporter: an estimated 1.5 million children are

homeschooled in this country. over an eight-year span, that number has grown nearly 75%. here's a graphic of the most common reasons why families home to homeschool. 36% religious reasons. 21% don't like the environment in schools. and 17% are not satisfied with the academic instruction currently available. here's what one mom told me. >> we can teach our religious beliefs to our children freely. we can teach anything that we want, you know? >> reporter: that mom initially looked into private school, but it was too expensive, so she thought, i will just do the teaching. her 18-year-old daughter has graduated and has taken a few courses on-line. learning is not limited to reading, writing and arithmetic.

critics fear that homeschooled children will look social skills. many homeschooled kids take part in co-ops so they can interact with other students. >> in our homeschool community, what's important to us is to provide opportunities that kids in any school, public or private, have. >> reporter: homeschool regulations vary widely. in the state of texas, there are no course requirements or term limits on how long you can homeschool. it's up to the parents to make sure that their kids are ready for college. megyn: thank you. if you are interested in more information about homeschooling, good to foxnews.com. you will find more on the numbers and evolution of this growing trend. a manhunt under way for a hit-and-run driver on the loose. up next, the case of the elderly man run down as he traveled to visit his sick wife. when you see the whole tape, you will know why this story has gone nationwide today.

the next installment of the lindsay lohan prison watch. a live report from the l.a. courthouse steps where she's expected within the hour. now your smart phone can help save your soul. the application that claims to get you closer to god, next. >> it's an electronic cheat sheet for them. >> it will put priests out of work. where to go for a quiet get away.

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megyn: fox news alert. a coroner has ruled on the mystery death of the girlfriend of former anheuser-busch c.e.o. august busch. remember this case? the medical examiner saying that the 27-year-old adrienne martin died of an overdose of oxycodone. she was found dead december 19 at the busch mansion. it's not clear whether she had a prescription for the drug or who supplied her with it. the prosecutor now investigating that death to determine whether anyone might face charges. we're awaiting the possible arrest of troubled actress lindsay lohan on felony grand theft charges. we brought you this case in "kelly's court" earlier. lohan accused of swiping a $2,500 necklace from a california jewelry store. she's en route to an l.a. courthouse to turn herself in

and face a judge. reporter bob decastro is live outside the courthouse. bob? >> reporter: it is in a couple of hours, but let me tell you, not proud to say it, one of the biggest stories out here on the west coast. the media and paparazzi descending on this courthouse. this is near lax. she will be arraigned on one count of felony grand theft, which could, could carry prison time. she will likely plead not guilty. her attorney saying she didn't steal that $2,500 necklace. she borrowed it, as they often do with celebrities. the store disputes that. an associate of lindsay's returned it before the police searched the condo.

lindsay has been in rehab five times, jail three times. she has four mugshots. she will get another one today. it will be her fifth. we're expecting her to arrive in court at 1:30 local time. back to you. megyn: wow. bob, thank you. we have breaking news thought on a controversial case involving an arizona rancher who detained a group of illegal immigrants that were trespassing on his property. roger barnett held a group of illegals until police arrived. a jury found him liable for assault and emotional distress after reports came out that he kicked one or more of the illegals and made some slurs against them. the ninth circuit court of appeals has upheld that verdict and barnett owes the plaintiffs $87,000. his lawyer says, the fight is not over.

john kauffman is roger barnett's attorney and we're also asking for amu green to be here to add some balance to the case. john, let me start with you. this is obviously not the ruling that you wanted. the mexican legal defense fund comes out and said that "vigilanties don't have a right to harass illegal immigrants." >> thank you for having me. there were originally -- at the inception of the se, 20 to 25 people stopped on mr. barnett's property. he ran down 16 of them. they sued for millions and were awarded less than $70,000.

they didn't prevail on the civil rights violations. with the they prevailed upon was the assault charge and four charges of emotional inflinction of emotional stress. so what we're fighting, the fight that we're going on with, is that we're objecting to a couple of things. one of the things was the district court's refusal to allow mr. barnett to raise the defense of justification. justification that he used -- that he -- megyn: that he felt threatened. the judge said, and we talked about this earlier with trace, this is judge john roll, the judge murdered in connection with that tucson shooting against gabrielle giffords, and the judge said you cannot raise that defense because mr. barnett testified that none of the plaintiffs were armed or threatened him in any way. >> that's fine, but you have to

look at it historically. for 10 years before this incident occurred, undocumented aliens used mr. barnett's property as a transportation highway to get to a road to take them to new mexico or arizona. drug smugglers used his property. armed coyotes used his property. when he came upon these people, he didn't know whether or not they were armed or not armed. he didn't know whether they were drug smugglers, whether they were coyotes, or whether they were just undocumented aliens seeking a better life in the country. he did not know until he got there. what our position has always been was, until he found that out, he was entitled to be armed, to draw that weapon, because the upshot is, if he made a mistake and they were drug smugglers or armed coyotes, and in this case the armed coyotes had just left the

site when they heard mr. barnett's vehicle, he could have been injured, his wife could have been -- megyn: let me get the other perspective. go ahead. >> he had no right to kick a woman while she was down. the reality is, this is not the wild, wild west. he's an out-of-control vigilante. it's not the first time that he's been found responsible and having to pay tens of thousands of dollars. if you look at how choice this case is to the giffords' tragedy -- if roger barnett had his way, one of the heroes from the giffords' tragedy, daniel hernandez, would be held at gunpoint until he could prove his citizenship. this has to come to a stop. we can't have out-of-control vigilantes. we've seen a 9-year-old girl murdered by a minuteman.

two brothers, third generation americans killed by someone who pointed his gun and said, get out of this country. go back to mexico. a lot of the really violent political rhetoric is leading to what we're seeing and an increase of violence against latinos. that has to come to a stop. we no longer live in the wild wild west. roger barnett was responsible and has to pay $87,000 not just in this case. into the case, he has to pay $100,000. when it does come to a stop, when he escalates to murder? megyn: at the trial, the jury heard that your client berated them with racial slurs, pointed his gun at their heads, a woman got down and begged for her life, he cursed her and kicked one of the illegal immigrants one or two times. that's what he was found guilty

of doing, assaulting them, causing emotional distress, which according to the trial court resulted in post traumatic stress disorder for some of the folks. >> let me just say this. first of all, roger denies any ethnic slurs. the woman that claims she was kicked had no markings on her. her picture was taken immediately afterwards. there were no bruises. she sought no medical aid. and -- the major claim was -- >> he doesn't carry a border patrol pass. he has no badge. he has no right to be holding these people prisoner because he has anti-immigrant sentiment. megyn: let me jump in and ask you -- >> this wasn't about -- megyn: he says that the feds had not been protecting him or his land and he was in a situation where he had this

happen numerous times. he has a family to protect. he went out there with his gun to make sure he wasn't in danger. he didn't open fire on anybody. and he was the one under threat. it was his land. go ahead. >> well, i think, megyn, especially as we celebrated what would have been ronald reagan's 100th birthday over the past week, we have to keep in mind what president reagan felt, which was that people who are here undocumented, they will be abused. they will be abused financially and physically and we have to enact laws to take care of the immigration problem. it's not just about security on the border. it is about providing a path to citizenship. and the federal government needs to step up. they need to do more work. they're a bunch of chickens, i feel like, in d.c. right now, when it comes to immigration and not willing to do anything. they should revisit the dream act and it should not be

out-of-control vigilantes like barnett taking the law into his own hands. that's not america. >> roger barnett wasn't protecting the border. that's the job of the united states government. roger barnett was protecting himself and his family out there. that's the bottom line. megyn: i have to go. if you lose on your request for rehearing, will he pay? >> absolutely. no question about it. he has the assets. he'll pay. megyn: thank you for coming on. thank you, both. >> thanks for having me. megyn: g.o.p. adership wrapping up their lunch with president obama. let's listen to eric cantor for a bit. >> we are coming out of this lunch committed to trying to do that because the economy so desperately needs us to work together to send the signal that we should start growing again as america because that's what america does best, it

innovates and leads. we talked about ways we can lay the foundation so entrepeneurs and small businesses can grow again so we can see an economy that will be one that is still here in a very healthy way for our children and theirs. >> i would say the main portion of the entire lunch was talking about the economy, ways we could grow the economy. a lot to deal in with regulation, reform, to unleash the shackles that government holds on small businesses, where 70% of jobs are created. we looked at a way to do that. it's a beginning. it's a start. we look forward to new legislation to create new jobs in america. >> can you elaborate on what he

said about trade? did you reach any agreement on panama, colombia, moving anything forward? >> i've made it very clear -- megyn: we'll stream this on foxnews.com if you want to follow the remarks live. you can see that the top republican leaders meeting with the president, seeing if there can be common ground found when it relates to the economy, your jobs, your wallets. more on that in the next hour. police have questioned a woman in connection with a bizarre death in philadelphia. a british woman died after being injected with silicone to enlarge her bottom. the woman questioned, not under arrest. they're looking for another woman that they believe performed the procedure in a hotel room. never a good sign, practice surgery in a hotel room. one plastic surgeon said injecting silicone can be very dangerous. >> the soup, basically, that they're using to inject is

industrial grade, not much better than what you would use to caulk your gutters in your house. this is, of course, toxic to the body. megyn: the victim complained of chest pains and breathing trouble before she died. millions of moms working hard to provide for their children. could their careers be harming their children's health? a new study suggests the more a mother works, the heavier her children get. dr. barry sears, best-selling author of "the zone" diet book, one that yours truly follows and believes in. it's an honor to have you on and to meet you. >> thank you very much. megyn: i'm not the only person that follows the zone. jennifer aniston is the most well-known believer. let's get to the working mom guilt. this is the last thing we need. not only are we not spending

enough hours with our children, but we're making them fat by working? >> it's true and it's common sense. if you have a working mother, it means she has less time to prepare meals for her kids and herself. megyn: is that the linkage, it's not that your kids are in front of the tv more or are less active, but they're not getting home-cooked meals? >> yes. what is happening is insidious. the processed foods that we eat are composed of two ingredients, one, refined carbohydrates, and cheap vegetable oils. when they combine, they form a fatty acid that's toxic. it turns on genes that make us fat and keep us fat. megyn: they say it's costing kids 2 pounds a year. over the years, this adds up in a child. i'm going to -- this isn't your

study, so i will not blame this on you. i take issue with the sexism that presumes it's the woman that has to stay at home and cook. dads can work, too. working dads and working moms are both absent from the house. that's the headline. it's kids who have processed foods instead of homecooked foods. how can it be solved? 70% of american mothers work. >> it's a difficult problem. we cannot ask 70% of american mothers to go back to the kitchen. megyn: nor would our children enjoy that. >> here's one thing we can do. the reason that weight is being put on is because overconsumption of omega 6s. you take omega 3s to counter balance it. no child could lead the house

before they had a tablespoon of cod liver oil, probably the most disgusting food in the world. that amount of omega 3 fatty acids can turn off the fire in your fat causing you to become heavier. megyn: they look like gelatin capsules, the omega 3s. you recommend giving them to your children? >> also if you want to have a smarter child. another story came out that demonstrated that children under age 3 who were fed processed foods were dumber. if you want your child to be thinner and smarter, giving them omega 3 fatty acids is a good opportunity to achieve

both goals simultaneously. megyn: the zone diet is a way of eating that recommends, in general, forgive me for paraphrasing, but healthy proteins, low-sugar carbs, vegetables, fruits, and the good fats like macadamia nuts and not a bunch of butter. >> if you want to lose weight, eat more colorful carbohydrates, fruits and vegetables. megyn: good. dr. sears, thank you. we won't be heavy, have heavy children and have dumb dumbs in the next generation. >> thank you very much. megyn: there is a manhunt under way for a hit-and-run driver. the victim, a 91-year-old man. police say this tape has all the clues they need. when you see it, you will know why this story is getting so much attention. a teen is severely injured during a wrestling match. now the state says his parents

are not fit to nurse him back to health. they may have a point. we'll report. you decide. how did this become one of the hottest iphone applications on the market? the confession booth you can carry in your pocket? bless me, iphone, for i have sinned. >> i can picture the priest holding up the phone and it uploads the sins on his phone. you might also want to try lifting one of these. a unique sea salt added to over 40 campbell's condensed soups. helps us reduce sodium, but not flavor. so do a few lifts. campbell's.® it's amazing what soup can do.™ 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!

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megyn: well, boston's archdiocese says that iphone technology can help bring you closer to god.

the church is backing a new application that helps people make better confessions. it tracks how long it's been between confessions and keep track of your sins. >> if someone uses this iphone tool for confession, the likelihood is they will make a good confession and they will come back to a more frequent celebration of the sacrament. megyn: i wonder if it checks your photos and your emails like, don't forget that one. it's called confessions and it costs less than $2. if you forget a sin, you are forgiven anyway. who wants to be reminded by the iphone? check it out if you want. this next surveillance video is hard to watch. a 91-year-old man run down at a bus stop as he's on his way to visit his sick wife at the nursing hope. now police are searching for

the driver who fled the scene. trace gallagher has the story from our west coast newsroom. t.g. >> reporter: the video is from the dash cam of this metrobus. there he is right there. then he's gone. he's replaced by that toyota 4 runner. that 4 runner hit luciano medina. you could hear the screeching of the tires. you could see and hear the people going out to help the man. look closer. you see the driver? he kind of walks away there. he got out of the car and he walked away. he also walked right in front of that surveillance camera. they got a good look at him. by the time cops got to the scene, he was gone. here's miami p.d. listen. >> luckily, the bus was there and they were able to capture the accident at that precise time. we have his face. we have a perfect of interest.

>> reporter: that perfect of interest, they're now looking for him. what they think happened is the bus makes a lot of stops. the man about to get on. well, the bus was making stops. the driver didn't see it. instead of rear-ending the bus, he went up on the sidewalk and hit the man who was just about to get on. the man is not in good condition. he has a broken back, broken leg, broken arm. he's in critical condition. again, 91 years old. his wife in a nursing home. he goes to see her every single day. police are saying they are going to find this man and hold him accountable for leaving the scene of that crime. megyn: i'm not excusing it, but accidents do happen, including car accidents, but to flea, to abandon responsibility, and they have his car, so they will find him. >> reporter: yeah, they will.

megyn: trace, thank you. prosecutors formally charged lindsay lohan with grand theft. that's a series charge, folks. it's a felony. accusing her of stealing the necklace she has her. she has two on. one is long with a pendant and one is shorter. it's the shorter one at issue. we have guaranteed courthouse chaos straight ahead. breaking news from the white house with new details on where both sides stand on jobs, the economy, and healthcare. was any progress made at the sitdown? they say beauty is in the eye of the beholder, but in texas, it's in the hand of a judge. the case of this beauty queen that claims she was just dethroned for packing on extra pounds.

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moment, a republican citydown with president oma. but was it? gop leadership just wrapping up a question and answer session with reporters after hand delivering their blue print for spending cuts directly to the commander-in-chief. >> our number one issue is getting the economy growing and getting people back to work. we believe in order for that to happen we need to cut spending. we need to stop unnecessary regulations that's hampering small business ability to hire people. megyn: the republicans released specific cuts for reducing the deficit. $2 billion in federal funding for job training. $1.7 for the general services administration. an agency that helps secure office space, transportation and communication for other federal

agencies. $1.6 billion for the epa. that's just the tip of the iceberg. molly henne hennen berg is livee white house. , i would say kind of sort of. the republicans came out and you saw john boehner talking about what the republican priorities are. he went on to say that they did find quote enough common ground to work on economic issues. was the three top house republicans and the president and vice president meeting for lunch at the white house. eric cantor said it was a quote row tbus conversation. >> we did have a fairly robust conversation about the need for all of us to send a significant that that we are serious about cutting spending. we had agreement on that.

the particulars and the details will be where the disagreements may lie. >> reporter: that's what you were talking about. the disagreements. the devil is in the details. the president invited some of his political opponents to the white house days before the president sends his budget proposal to congress which will outline his spending priorities. this is the first time since republicans took over the house that president has invited these flee gop house leaders to the white house together. the white house says the budget will be released on monday, valentine's day and it will contain quote significant cuts in spending, but they say they don't want to preview sit now, they will wait until monday. megyn: let me get this sound bite straight. we discussed the need for all of us to send a serious message on cutting spending.

>> reporter: that's how though talk in washington. megyn: send a message about that issue. great. thank you, molly. that will do a lot. let's be hopeful. we have brand-new numbers about how americans feel about president obama and the debt crisis. they are not so good for the white house. a democratic strategist defends the president just ahead. a fox news alert a. disturbing word from the department of homeland security about those who want to kill americans on our own soil temperature janet napolitano saying the terrorist threat to the united states maybe at its most heightened state since the 9/11 attacks. napolitano is issuing that warning to members of congress today and confirming what many americans already suspect. terrorist organizations are

recruiting more westerners to carry out those attacks within the united states. we have a fox news extreme weather alert. conditions are deteriorating act nation's midsection as a major winter storm slams the area yet again. a live look at radar. when you actually hear what's happening, it's not so good. the blizzard dumping more snow on spots still reeling from last week's storm. here is a look at oklahoma city. strong winds creating whiteout conditions on the road and making treacherous travel. here is the latest on the storm. some areas of oklahoma digging out from under more than 16 inches of snow. the snow is so bad the state highway patrol discouraging all statewide travel. the situation is no better in kansas. folks in the central and southern part of that state now buried under 17 inches of snow.

this weather so bad this winter we are hearing the storms have caused the cans laiftion some 90,000 -- the cancellation much 90,000 flights. it's the highest figure sense the government started tracking numbers 24 years ago. our chief meteorologist rick reichmuth is live in the weather center. janice dean is having a baby. >> reporter: that's exciting. no snow across the northeast. that's good for j.d. but central part of the country, it's been so horrible. this is the second major storm in two weeks. heading towards arkansas writs's still snowing, 14 inches of snow right now. so many areas getting in on this. here is a look at where we have the advisories. the worst of it will be where you see the pink. in much of oklahoma it expired.

now we are seeing the worst of it in across arkansas, and heading towards mississippi. these are places that aren't supposed to see a lot of snow. this will be heavy for the next couple hours. by 8:00 tonight arkansas you should be clear and then it will be pulling across the tennessee valley and the carolinas, not in towards the northeast this time. the storm will head straight off the mid-atlantic and favorite northeast. but bringing in a lot cold weather. it's windy behind this storm as well. so horribly cold for people out there having to try to dig out of their second major storm year. there is a big weather change that, going happen after this storm. still cold tomorrow, cool act south. but you start to see it, you see the blues, the 40s, rapid

city. 48 in dallas. about it time you get to next week the central and eastern part of country will warm up a lot and dry out. the west which has been dry and warm the last month at least, you are going to get in on the winter preview. the big pattern change will be nice for almost all of them. megyn: here in noirkts's clear for the stork to fly. just dates as i get them. you will, too. we are getting word from washington the government is considering new regulations allowing uncle sam to ride shotgun in your car whether you like the or not. the national highway traffic safety administration weighing whether black box recorders should be installed in every single new car. but some critics have serious concerns including cost and privacy. i wonder how the lawyers feel about it. steve centanni picks up this story from washington.

>> reporter: the government pushes for what it sees as safety improvements and privacy advocates raise feerts of widespread -- raise fears of widespread surveillance. most cars already have some kinds of data recorder. what information is gathered depends on the manufacturer. the trim a says it will save lives by leading to the design of safer cars in the future. >> it will allow safety researchers to improve their understanding of what happens during crashes. in the seconds leading up to the crash, during the crash and the seconds following the crash. >> reporter: trim a says cost of the computers is neglect

they say it can lead to purchase vasive surveillance as recorders evolve to include gps data and wireless transmention of that information. >> people don't expect to be tracked with their every movement. when they go to church, a bank, a political protest. when they go about their daily business. >> reporter: he says state and federal laws need to address these privacy concerns. megyn: he's one of the most outspoken critics of border security efforts. why he's predicting a violent showdown soon between the united states and ruthless mexican drug cartels. he was hurt on a wrestling mat. but before his parents could take him home the state took him

away. a teen beauty queen gets her crown turned upside down. why pageant officials say they took way her title and why she says it's a big bag of lies. here's the truth: your rates don't have to go up just because of an accident. not if you get allstate accident forgiveness. it starts the day you sign up. dollar for dollar, nobody protects you like allstate.

megyn: we are watching a search in florida for a missing mother. she has been missing since monday. sheriff's deputies are searching for the 36-year-old. her husband says he last saw her monday morning when he took their children to' daycare. she did not take her wallet, her phone, or her car. all those were left behind.

the deputies say there are no indications of foul play though those are curious signs, obviously. new developments in a heart wrenching case out of pennsylvania. the state taking custody of an injured teen because it does not like his parents methods of treatment. a spa judge refusing to let the parents of a hospitalized wrestler treat their son in the way they wish which is at home with alternative medicine. instead the 16-year-old's medical care will be decided by actual doctors. trace gallagher has the story from there. >> reporter: this is in the southeast part of the state. the boy suffered a spinal injury at wrestling practice when he ran into another wrestler. he can move his arms and legs, but doctors want to do surgery

because they want to stablize his neck. they think it's best for him down the road so he doesn't suffer paralysis. his parents would like to treatment using physical therapy and herbal treatments. the family thinks they are being compared to the schiavo family. their 2-year-old son died because they were faith healers and they wouldn't give their son medicine. now this family says they are not the shy voas. listen to mom. >> this is not the case. we are not just praying and believing for a miracle. we believe in god and we do pray. but we are doing things about it. we are giving my son herbs that are amazingly strong. >> reporter: the county has temporary custody. the state law says it can seek court ordered medical intervention when a lack of

medical or surgical care threatens the child's life or long-term health. the doctors wants to do surgery and the family says no. >> medical treatment for a spine that's injured, you don't want that. you don't want to fool around with this. this is a serious disabling threatening thing. by you also want to be kind to the parents. you want to work with them. they have to take care of him. >> reporter: the court has given the family another chance to get a second opinion about whether surgery is the best way to treat this or whether physical therapy and herbal medicine is the best way. the family is in the process of doing that right now. megyn: he broke his back or his neck? >> reporter: yes. megyn: how does the family

believe herbs will cure that. >> reporter: they say he's moving his arms and he's moving his legs. they believe that his spine is not injured beyond repair. the doctors want to put screws in his neck sew they can stablize it. megyn: did they say what their objection to that is? >> reporter: their objection is they believe their treatment is better. they believe the boy will respond better to physical therapy and to herbs than having the surgeons go in there. we are talking about a tricky procedure when they go in and you are talking about stablizing the spinal cord. no one will argue, it's a tricky procedure with inherent dangers which is why the parents oppose that and they believe their treat. is the best. megyn: is there any doctor advising them that's the route they should take? >> reporter: not yet. there have been six doctors consult on this. all six doctors believe the surgery is the right way to go.

the court is saying, get another opinion. megyn: a 7th opinion, i guess. >> reporter: a 7th opinion and i'll consider that which is what the family is in the process of doing. megyn: you are talking about the kid's whole life. we are take your thoughts on it. we report, you decide. now an just date on a story we brought you yesterday. remember we showed how los angeles county health authorities put out how to guides on taking ecstacy for rave parties? ecstacy is an illegal hallucinogen ic. hours after our report aired the city's mayor nixed the plan. it's one of the biggest concerns for americans these days.

now there is a new poll out on what americans think about how the president is handling the deficit. could this follow spell some trouble for president obama? in 2012? that's immediately after this break. a terror attack caught on tape. so intense you almost feel like you are there. what the homicide bomb was targeting and how the mayhem did not end with this blast. the followup to this unusual sight over jerusalem. we told but this yesterday. now we have some possible answers on the mystery behind this ufo. >> wow!

megyn: new video a homicide bombing caught on tape. take a look at this. that was the moment a terrorist drove his truck into a blast wall outside of police headquarters. that blast sending flames into the building. at least 7 people died. 8. >, 80 morewere injured. within minutes two more bombs explode. some stunning new poll numbers showing huge numbers of americans want the healthcare law repealed.

and a poll from guam shows americans are unhappy with how the president is handling the economy and the deficit. only 20% approve of the job the president is doing on the deficit. that's down from 32% in november. and 32% approve of the jobe's doing tackling the economy. what does this mean? dan, i thought the healthcare polls from rasmussen were stunning, 58% of americans want to see it repealed. 68% of independents. 56% of people don't approve of his healthcare policy. 65% of independents don't. 68% of independents don't approve of ohio valley's handling the economy. 81% of independents don't approve of the jobe's doing on the deficit. those numbers politically pose a

question. >> absolutely. you are seeing a hangover from the november elections. even though he has changed his tone, he hasn't changed his policies. these poll numbers are a re flexion of the frustration the american people have with the lack of results. the lack of seriousness on both parties on the deficit. we are in the same place. it's not necessarily realistic to expect it will change overnight. but as long as there is not tangible progress. the numbers are going to continue to stay low. the president will do some work to earn back people's trust. megyn: you may have a point when it comes to the economy. he has been suggesting rolling the corporate tax rate. but not so much on the deficit and not so much on healthcare. he says he will bargain a little bit on healthcare. and with it comes to the deficit he says he wants to freeze

spending where it is now. but everybody points out we are at hugely elevated levels of spending. so that's not going to do it. do you foresee improvement for him between now and the time he runs for reelection? >> yes, he will have to. there is no way he can get reelected with the numbers the way they are. both sides are stake out their early bargaining positions there will have to be a deal cut on the budget. the president learned his lessons on the stimulus. they started in the center and the republicans didn't want to meet them, and they felt burned. megyn: liberals wanted the stimulus proposal to be twice as big it was. >> the president said no i'll have fox cuts to try and buy republican support. it didn't work. they are internalizing that lesson. their opening bid is a spending freeze and the republicans are saying we have to have spending

cuts. we are seeing jockeying for position for where the middle will be. megyn: the president southeast he sat down with o'reilly said the polls are evenly divide on healthcare. they are not. all the polls show a 7-8% point spread against the law. he said he was enthusiastic about cutting back deficit. most people don't believe he is tackling the deficit in a serious northeast way. is there a disconnect between what he believes and what the american people believe? >> i think around seeing -- this is political tactics. if you are asking my personal opinion i think the president would be much better served on cutting spending within reforming entitlements.

the republicans are taking a sledgehammer to spend in an indiscriminate way. the president could own this issue. he made a decision to be much more cautious. the politics rewards caution. look at what happened in the bush years. the fiscal policy were the cheney doctrine. deficits don't matter. and i think it obama modification to that is deficits don't matter that much right now. and i think you will see over time he's going to have to come to the middle and cut a deal with the republicans. but this is all negotiating tactics. megyn: the american people do not have some worry. after they came out of their meeting with the president, eric cantor assures us that they discussed the need for all of us to send a serious message when it comes to cutting spending. we'll look forward to that message. not to actually do it.

but to send a message saying we are look at it. >> we need to get serious about entitlement reform. we have no choice. megyn: neither side. >> we'll see. megyn: thank you, dan. you want more jobs? some republicans think the key to making that happen involves stopping this man. there he is. in three minutes. declaring war on one of president obama's most controversial appointees. how the government respond to one of its biggest critics on border security. a beauty queen suing after she was dethroned or pack on a few pounds. [ male announcer ] if you have type 2 diabetes,

you struggle to control 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 used with diet and exercise to control high blood sugar in adults with type 2 diabetes. adding onglyza to your current oral medicine may help reduce after meal blood sugar spikes and may help reduce high morning blood sugar. [ male announcer ] onglyza should not besed to treat type 1 diabetes or diabetic ketoacidosis. tell your doctor if you have a history or risk of diabetic ketoacidosis. onglyza has not been studied with insulin. using onglyza with medicines such as sulfonylureas may causeow blood sugar. some symptoms of low blood sugar are shaking, sweating and rapid heartbeat. call your doctor if you have an allergic reaction like rash, hives or swelling of the face, mouth or throat. ask your doctor if you also take a tzd as swelling in the hands, feet or ankles may worsen.

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government and drug cartels. >> reporter: it is about as contentious as we have seen between local law enforcement and the federal government. there is no love lost between sheriff babeu and dhs, but they are calling each other out by name. the feds have held news conferences along the border. once with janetonce with the cus enforcement chief. they are saying the border is safer than ever, more shiewrd than ever. but i have babeu says janet napolitano is in a trans. that she has a short memory when she was the governor. >> the numbers speak for themselves. everybody is saying there are great drops. i heard this if not once, a thousand times. border is more secure than ever

before. ask arizonans how true that is and you a get a lot of chuckles. >> reporter: he says the showdown is coming soon as the drug violence spills into the united states. so has bought for his men 130 semiautomatic rifles along with night vision goggles. the feds' response? we can handle its. >> i would say that we are prepared for any threat. i wouldn't make any specific prediction, but this is a threat that we recognize and we are prepared to meet it. >> reporter: if both sides go eight, this is the same area where the border patrol agent was shot and killed over a month ago. those suspects in that case still have not been charged. megyn: trace, thank you. republicans are getting ready for a big bat with this guy,

craig becker. possibly the most controversial recess appointee of the obama admin vaition. he's a member of the national labor relations board that oversees union issues. and the gop says he's a serious threat to american jobs. panel, thanks so much. here is what's happening. the republicans who now control the house are looking into conducts a hearing. they are going to on friday into emerging trends at the nlrb. they say that this board which they say has been historically politically neutral is shifting into play and the advocacy for unions. shrinking the time period in which workers can educate themselves before voting in an

election. allowing electronic union elections which could eliminate secrecy. and pushing to allow unions more freedom to organize small second toarts of workplaces. -- small sectors of work place. >> this is part of the obama pro-union agenda. when they put becker in there web's a guy who believes small companies, entrepreneurs, independents, should be able to organize and unionize. this is a dangerous man in his approach. he says employers should have no voice if workers wants to unionize. these are his words, not mine. so his goal is to get more union membership, plain and simple by any means necessary, and with the failure of the employee free choice act, we have an attempt to push it by fiat, rules and

regulations. megyn: congress rejected its. the critics of the nlrb say that it is preying on small business owners and job creators to try to help the unions with the sole goal of encouraging more unionization. they say that's why the republicans in the house are considering severely limiting funding to the nlrb. >> every budget is on the table. when you look at the fact that republicans wants to cut funds to poor mothers to feed their children, taking on the nlrb and craig berk isn't going to do one thing to help small businesses. megyn: they say the nlrb is stifling job creation by being so pro union. >> how? the article said it's not what

it has done, it's what it might don't it shows you how silly the priorities of the republicans are. they are fiect the wrong priorities. this is silly when you look at fact we have to create 16 million jobs to get back to 5%. take on the nlrb and craig becker isn't going to create one job. megyn: republicans believe the nlrb is stifling job creation, how? >> if you are an entrepreneur or small business and you look at your hiring decisions and maybe your five-year plan. if you can be unionized which adds an entirely new level of costs, entirely new level of doing business that is prohibitive to advancing your company. you are not going to hire as easily. you might also outsource. you will find other ways to maintain your business. when you talk to the national federation of independents

business, when you talk to small businesses around the country, they tell me this on my radio show. this is what's going on from the hiring side. from the business side. uncertainty which is one of the biggest problems in creating jobs in hiring. megyn: it's not just what the nlrb may do. it's also what it has done which is threaten lawsuits against four states, who were trying to insure secret ballot elections. this is a big issue for unions. normally you have to have a secret ballot when you vote. and a lot of democrats pushed to eliminate that with card check. eliminate is arguable. but potentially cut back on it, i guess you could say. that failed in congress. didn't gets enough votes. the allegation is that this nlrb is trying to help make that happen. get rid of the secret ballot in

a way that congress wouldn't allow. >> the fact here is the nlrb isn't going to make any business a union shop. that's up to the employee. the real problem for small business is they can't get loans. they cannot get cash or any money so they can expands their businesses. megyn: you know businesses don't like unions. >> i get that. but there are plenty of union businesses in this country. look at the auto industry that's come roaring back, they are unionized and they are doing great. the fact that republicans are focusing on all the wrong things here and not going to the heart of matter. they cannot get loans. they cannot get capital. the republicans in the house once again now that they are in power overreaching aren't focusing on the things that will get people back to work. megyn: i thank you both for

being here. all the best. a beauty queen suing claiming she was dethroned for pack on a few extra pounds. but officials say they took away her crown for something that many calorie free. .she have a case?

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well the last site... [ british vo ] and now, cycle complete. the male wildebeest returns to propagate the herd. [ animal grunts ] can you forward me this link? [ male announcer ] e-trade. investing unleashed. megyn: "kelly's court" is back in session. on the docket today, taking back the crown for pack on the pounds. miss san antonio stripped of her title in texas. pageants officials claiming she violated her contract. mission mandatory events. showing up late for public appearances. they accuse her of ditching those events in favor of private paid events. they also cite a bulging belly. they say she gained weight. the big miss texas competition

was coming up. she says it's a big lie and she is suing to get her crown back. does she have a case? let's ask our panel. jonna spilbor and mercedes colwin. she says i'm what, 5'8", 129 pounds. i don't need to lose weight and i don't need to be told by you pageant director that i do. give me back my crown. >> they are trying to paint her as a soda slurpin slurping heat. let her keep her crown and earn a little money for college. megyn: she is in charge of trying to win for san antonio the texas pageant. they said quote they told her get off the tacos.

get off the chips and soda. she is 17 and that's what these kids eat. they want her to be into top shape. is that so wrong? >> lay off the tacos and chips. of course. frankly, beauty is in the eyes of the beholder. don't join a contest where they will look to the measurements. they are even titled to make those demands you? why would they do it? they want you to look a certain way. megyn: they force you to parade around in a bathing suit. is it a shock to learn that somebody cares what your hip and waist measurement is. >> it's not a shock. but are we talking about a couple pounds? is it irresponsible for a pageant to force a 17-year-old

to be super skinny in this day and age in we are talking about a contest. the pageants is trying say look over here when the real issue is they want her to be super skinny and that's irresponsible. kel * they sit was an inch or two they wanted her to lose. they said she was insubordinate. buff she says that's all a bunch of lies. the only reason she was late for anything is they didn't get her a driver and a chaperone. >> if the official chaperone isn't available get your mother to do it. what if any of us were late on a daily basis. if we are late, showing up late. and those are the times of things pageants -- megyn: apparently there had been a shift in the person who overseize the pageant and it's her boss pore lack after better

term. even the sealed boss who she says she had no problem with. even the old boss said, well, we did tell her it would be wise to lose an inch in her hips and she was late. she had been late a couple times and there were a few items we had to go over with her in terms much her non-compliance with her contract. >> is she the only 17-year-old contest winner that has ever been later on put on a few pound? i think she has a good shot making a point with this lawsuit. she is 17 years old. look at her. she is gorgeous. megyn: the new girl, the new young lady who is the new pageant winner, she is the new miss san antonio. physically are they all that different? is one so overweight and one not? >> the bottom line is this. if the pageant can make those times of requirements, it's

arbitrary but they can do that. if they look at someone who is 5'8" and 129 pounds, they are able to make those requirements. if she didn't want to do it. she could have not been parts of it. megyn: the pageant spokesperson said we didn't fire her because of the weights. it was other issues. she did admit she was doing a photo shoot. we wanted her to wear her clothing from the competition and it didn't fit. >> she'll lay off on those chips and tacos and be good for it. megyn: thank you. one final word for our viewers. what are the odds of this pageant deciding the reining

miss and even don't ohio need to go? it is okay to boot her because. poundage. she is a beautyueen, not a brain surgeon. her alleged tardiness. i don't know if that happened but i don't see a lawsuit here. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. the smell of home made chili whatever scents fill your household, purina tidy cats scoop helps neutralize odors in multiple cat homes... keeping your house smelling like it should. purina tidy cats scoop. keep your home smelling like home. diabetes testing? what else is new? you get the blood, hope it's enough, it's-- what's this? freestyle lite® blood glucose test strip. sure, i'll try it, but-- [beep] wow. yep, that's the patented

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megyn: look up in the sky. it's a bird, it's a plane -- it's a hollywood marketing stunts. monday we showed you this image of a bizarre object hovering in the skies over jerusalem. now experts say the clips appear to be digitally doctored. some think it's a big hoax to plug a new movie out of hollywood. i won't say the name of the

movie because i'm not helping. promoters for this certain movie have been using ufo clips to tease the tim and their marketing team has used similar tactics in the past. do you have a drawer in your house with your old cell phones and pagers you haven't used in years in the great gadget buyback coming to a major retailer near you. can you get money for that stuff? there is a twist. >> reporter: in only a matter of hours the verizon iphone officially goes on sale and that means hundreds of thousands of people who buy one will wants to get rid of their older cell phone. radio shack is paving the way for the traditional brick and mortar outlets to buy used electronics equipment such as cell phones. they expect a spike in business.

but this growing trend isn't just about phones, kiosks will also purchase other electronics. companies including sprint and best buy are developing similar programs. other big chains are expected to follow. instead of cash sellers usually will get a gift card or account credit. radio shack says buying used electronics for resale or recycling isn't a profit center. industry analysts told us it does boost the bottom line. view require's a great way to keep people coming back in the store. as you trade in the old electronics you get reward cards to be used in the stores. soft it keeps consumers coming back to the stores. record * the tradeins have to be in work condition and i could not sell back my old 8-track

player. this is a $399 blackberry. on the market at radio shake it will get you $50. [ male announcer ] this is steven, a busy man.

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