same content, though, same control yule. jenna: same sol yule. i don't think any of us have looked to a soda can for inspiration. jon: my word to the critics? it's a can, lighten up. jenna: thanks for joining us, everybody. jon: "america live" starts right now. megyn: i'll second that. brand new reaction to an audit uncovering some major problems at the immigrations and customs enforcement agency also known as i.c.e. it turns out that in a single year the agency allowed almost 900 of the most violent, dangerous illegal immigrants in this country to finish their jail terms and then walk right back out onto the streets of the united states. welcome to "america live" on a busy monday, everyone. i'm megyn kelly. according to the troubling audit of i'm sorry c.e., in 2009 the

agency was supposed to deport 890 hard-core criminals who are all here illegally. it's not who they didn't know who these folks were, they were locked up already in prison. men and women already convicted of the worst crimes imaginable and behind bars. instead of keeping them there, i.c.e. now admitting it let these felons go pack out onto the streets where you live when they left prison. some of them repeat offenders who have committed robbery, murder, kidnapping, sexual assault. the report blamed serious staffing and workload issues at i.c.e., and now we're getting new reaction from agency officials. trace gallagher picks up the story from our west coast newsroom where we now have both sides on this issue represented. trace? >> reporter: yeah. the report was compiled by the inspector general of the department of homeland security, and we are now getting brand new reaction from i.c.e., and they are acknowledging there are gaping holes in the system.

here's how this whole thing works. now, after a person is identified, a prison inmate identified as being illegal, i.c.e. issues what they call a detainer which notifies the prison that i.c.e. will begin deportation proceedings. but here's the catch, if i.c.e. does not take custody within 48 hours, that detainer lapses. and by law those prison inmates must go free. the inspector general for the dhs says that i.c.e. agents are not required to keep their own records about who's legal and who's not legal. instead, they rely on information from computers and databases. but sometimes those rosters of illegal immigrants, they go missing. they're not in the system yet, or they're thrown out altogether, and without the roster, i.c.e. can't verify which illegals are in which prisons, and they don't have a lot of names. the inspector general says this is all because of staffing

shortages within immigrations and custom enforcement as well as heavy workloads, and i.c.e. agrees issuing the following statement, and i'm quoting: i.c.e. will implement a new policy that requires all screening and identification of foreign-born individuals incarcerated in be federal, state and local correctional facilities to be documented and recorded in i.c.e.'s enforcement case tracking system. just so you know, there are between 300,000 and 450,000 illegal immigrants that are eligible to be deported each and every year. they get most of them, megyn, 98%. the two points they miss? some of the worst of the worst offenders. megyn: that's the problem. they get most of them, but890 of them they did not get. we will talk more about this problem in our next hour. we are also learning today about some new details regarding a

murderous rampage just outside of our nation's capital at the end of last week. this did not get a loot of attention because of the breaking news in egypt, but this man is in many custody. he was an illegal immigrant. he was slated to be deported ten years ago, well before these murders. jose alfaro is accused of attacking six people in the area around manassas, virginia, murdering three of them and injuring three others. we will show you how his crime spree unfolded and why he was able to slip through the cracks after he'd before already been deported until now. and a fox news alert on some new video protests in iran. look at this. it is, it appears to be cell phone footage of demonstrators. we are told they are chanting, "death to the dictator," referring to iranian president mahmoud ahmadinejad. security forces using tear gas to try to break up some of the crowds. james rosen is watching these

developments from the middle east at our state department. james and now all eyes are on iran. >> reporter: yes, megyn. even before the egyptian uprising climaxed with the departure of hosni mubarak, the united states and iran had begun their own war of words to shape the meaning of those events for the greater middle east. the protests in tehran today are not seen as posing any immediate threat to the regime in iran which enjoys access to greater, more powerful, more sophisticated online surveillance software than mr. hue be bar rack's scream did. that factor along with iran's oil wealth and the care and feeding of the revolutionary guard corps may help the regime in tehran to suppress and endure the revolutionary uprising more effectively than tunisia and egypt. obama administration officials are wary of criticism alleging that they did not quickly support the youth uprise anything tehran two months ago, and u.s. officials are today using all the means at their

disposal including a new farsi-language twitter page. quote, the u.s. state department recognizes the historic role of social media among iranians in the world now. we want to join in your conversation, said one of the first tweets. by announcing that they will not give permission for opponents to demonstrate or march, these tweets said the government of iran is showing the very activities it praised for the egyptians it sees as illegal and illegitimate for its own people. that echoed the sentiments offered by robert gibbs at the white house last week. >> i think we've all seen, again, their response, the head of the revolutionary guard said today seditionists are no more than a corpse, we will severely crush any of their movements. so i think what you've seen in the region is the government of iran, quite frankly, scared of the will of its people.

>> reporter: for its part the government in iran has described the uprisings in tunisia and egypt as an islamic awakening. megyn: james rosen live at the state department, thank you. in nearby pakistan there is little progress to report in the case of an american diplomat jailed for what he calls a case of self-defense. raymond davis has been held for at least two weeks in jail while the united states and pakistan try to solve this tense diplomatic situation. the u.s. says davis shot and killed two armed pakistanis because they were trying to rob him. while he was over there. washington says davis' detention is illegal under international law because he has diplomatic immunity, and they are threatening, now, to cut off billions of dollars in aid unless this american, davis, is released. pakistan is refusing to budge, and the next hearing for him is scheduled for february 25th. well, president obama's brand new budget for america

just out, according to the white house it cuts two things; spending and the deficit. take a listen to the white house budget directer, jack lew, on fox this morning. >> we've agreed -- there's a consensus that we need to tighten our belts and reduce spending. we also need to reduce the deficit because that's the way we get ourselves back to fiscal health. megyn: reduce spending and reduce the deficit, but just as the president is putting out his belt-tightening budget comes this other staggering number, the white house projecting that the federal deficit will spike to $1.65 trillion this year, that's how much we'll be in the red, basically, on our spending this year only. that's the largest single-year deficit in u.s. history. so even with all these proposed cuts, how do we hope to balance our budget and get our children out of the red ink? fox business network's stu varney is here. i say our children because it feels like we can forget getting ourselves out.

but now we have to worry about the next generation and what kind of debt we're passing on to them. the white house seems to be proud they're going to spend less and reduce the deficit. >> reporter: look, this number just jumps right out at you, $1.65 trillion. that is $170 billion more than we were estimating six weeks ago. now, that's impossible. when you compare it to the budget that the president just submitted, he wants to cut the deficit by 1.1 trillion, 1.1 over the next ten years. megyn: that doesn't even equal one year's deficit -- >> reporter: no. megyn: never mind our $14 trillion debt. >> reporter: 1.65 trillion alone, the year that we're now in, 1.65. the president's budget only cuts the deficit 1.1 trillion over the next ten years. megyn: and that's why, stuart, looking at the pages of this deficit he's unveiled, it's getting very poor reviews. fiscal hawks are upset, they're saying, basically, he came in

and offered almost nothing anticipating that he'd be going up against these fiscal hawks in the congress and that they'd be demanding everything. so he starts with, basically, i have no plan to reduce the deficit, and they start with here is everything you have to do, and they meet some place in the middle. >> reporter: what about the deficit-cutting commission? megyn: what about them? >> reporter: bowlser skin. erskine bowles, a democrat, he co-chaired that commission. he said this morning that the president's budget, the one just released, he says it goes nowhere near getting to grips with the nightmare that we're about to experience. those are his words. nowhere near getting to grips with this nightmare. megyn: 61% of registered voters, according to the latest fox poll, did not believe president obama's state of the union comments, that he could spend more on his agenda -- remember, he wants us to spend more on infrastructure, clean energy -- that he could spend more on his agenda and still cut the deficit.

they're not buying it. they didn't buy it before, they're not going to buy it more now, i guess. >> reporter: well, suppose that either side were to propose a trillion dollars worth of cuts now. social security would be affected, your medicare would be affected. how many of those 61% would be in favor of that kind of -- megyn: that's the thing, stu, that's the thing. it's easy to sit back and armchair quarterback the white house or congress, for that matter, but when asked something like 70% of americans favor reducing the deficit, but then the same number are against cutting social security, they're against cutting medicare and medicaid. guess what? we have to cut one or all three of those huge entitlements in order to get that deficit under control. >> reporter: this is a game of you go first. the president is saying to the republicans, you go first. you propose cuts. the house republicans are saying basically the same hinge, you go first. megyn: they don't touch those big entitlements. nothing, no serious dent is going to be made many that $14 trillion number until they cut one or all three of those big

entitlements, am i wrong? >> reporter: no, you're quite right. we're talking about a $1.65 trillion deficit now. the house republicans are arguing you would cut spending now by 50 billion or 80 billion. megyn: yeah. >> reporter: that just is a minor league scratch. >> reporter: what's going to happen? megyn: i think our children are going to have to pay. >> reporter: sooner or later investors say, we're not lending you this money. megyn: maybe sooner at this rate. >> reporter: could be. megyn: thank you, sir. a controversial case out of california today. [cheers and applause] [inaudible conversations] megyn: this is a muslim student group shouting an israeli diplomat off the stage. this diplomat is the ambassador from israel to the united nations. he would not be heard thanks to this shouting. criminal conduct or free speech? fair and balanced debate, next

hour. plus, 24 hours of terror in new york city. in be three minutes, see what police think why this guy went on this murderous, awful, awful crime spree. >> in jail! 

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megyn: update for you, now, out of disney. we are now told most of the injured are doing okay after a walt advertiseny world tour bus collided with a tractor-trailer in be orlando, florida, this morning. five people were sent to the hospital, the latest reports say none of those injuries are life threatening. no word yet on the cause of the accident, but traffic was a mess for hours. the disney bus transports people from orlando's airport to and from the magic kingdom. well, a quick hearing has now come and gone for the man accused of going on a bloody,

awful stabbing spree through new york city this weekend. have you heard about this? 23-year-old max similar gellman is so far charged with robbery and assault, but he's also accused of stabbing several people in day-long rampage that left four people dead, several more injured, and the details of what he did and to whom are stunning. rick leventhal in our new york newsroom with this story that's now making national headlines, rick? >> reporter: no comment from the new attorney outside court, and the suspect did not appear at today's hearing, but he's behind bars after cops say he stabbed, carjacked and hit and run his way across this city. and we are hearing from one of the alleged victims, this guy. the burly and brave joseph who showed off his stab wounds in his head on "fox & friends." he said gellman told him, quote, you're going to die, but be he told the slasher, you better hope i die, because i'm going to kill you if i don't.

>> if you watch fighting or your watch football, you know the easiest way to try to get somebody done, you go for the waist, go for the legs. maybe i learned all that from osmosis because i've never trained at all in mixed martial arts. >> reporter: police, who helped subdue gellman, say the confrontation began early friday morning. his stepfather was stabbed to death, and cops say he fled to the home of a girl he dated once. she wasn't there, but her mother was stabbed and killed. the girl was attacked, chased out into the street. he wounded two drivers during carjackings and ran over two more people, killing one of them, before he was finally caught on that subway train in times square. he told that angry crowd that it was all a, quote, setup, but he reportedly bragged about his crimes to fellow prisoners in the police lockup. megyn. megyn: a setup which we have no evidence of at this point other

than his statement. >> reporter: right. megyn: rick, thank you. a shoplifter pulls a gun on a walmart employee. employee disarms the guy and calls the cops. so why on earth did walmart just fire this hero staffer and three others? i'll ask them when they join me live in many about 20 minutes. -- in ant 20 minutes. and trump 2012? just ahead we'll show you two new big clues today that the donald may soon, indeed, be becoming the candidate. ♪ >> i think he would be a great president. he loves the country, he's very passionate about, and it's a lot of problems going on, so he just, he said, you know, i would love to fix it, and we will see. it's still too early to talk, but he will make the decision in june.

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megyn: well, the effort to get president obama's health care law on a fast track to the u.s. supreme court is getting new support from some interesting places. one top democrat coming out today in favor of the plan. pennsylvania governor ed rendell agreeing with a number of republicans who say a decision needs to be made sooner rather than later. joe trippi is a former howard dean campaign manager and a fox news contributor and, joe, you agree! >> absolutely. i think, look, i think a lot of governors in both parties are going to agree with this. the states have to implement this thing, and if it's not constitutional, they don't want to continue implementing it. and if it is constitutional, then they're mandated to start moving here. so, or, you know, they have to start doing something. so i think this is right.

if there's going to be, if supreme court's going to intervene and make a decision about it, they should step up and do it quickly and skip the appellate court at this point. megyn: but that's contrary to what the white house is saying, the department of justice has said it's going to oppose a fast track to the u.s. supreme court which would make it, basically, impossible for the u.s. supreme court to do it. i don't know if they'd ever have done it without the support of the feds, to take the fast track, and the white house is saying, look, let it play out in the lower courts, and they must think, joe, delay works to their advantage. >> they may think that, but again, i think governors, one of the reasons governor rendell understands how difficult it would be to stop this thing, i mean, to have to expend resources and move to change it and then find out later on it was all for naught. megyn: but the white house is banking on the political, the political waves changing, i'm guessing. you know, how many 26-year-olds can you put on their parents'

policies? how many people can you give coverage to before they say, what? you're going to take it away from us? those supremes are? >> that's exactly right. there are lots of things, pre-existing conditions that the insurance companies cannot hold against somebody, they can now comply and get health care. there's a lot of very positive things that people will be supporting, but i also think the other that we don't always -- the supreme court's sort of been reluctant to take these kinds of cases anyway. and so they're not going to intervene even just signaling that somehow would be a big help to some of these states and the governors that are going to try to implement it. if the white house is going to take it approach which is a smart one in terms of trying to get this thing through, look, they're for -- and a lot of progressive democrats like myself -- are for this health care reform plan going through. the white house has an interest in just saying let the courts take this slow, and let's do it the normal way, and let's not expedite it. megyn: if you could have a supreme court decision striking

it down which is a very real possibility. could go the other way, but could go striking it down right as president obama is about to run for re-election. >> absolutely. look, i disagree with the white house on this one. i agree with governor rendell. i think it would be better, you know, to push the politics aside, let the court rule. particularly since we know both sides are going to appeal anything that happens in the court anyway -- megyn: of course. all right, let me ask you this because it seems like every day we get the trickle of some new report that doesn't help the president's political argument on health care. last week it was the rasmussen polls showing that 58% of people want the law repealed, 58% believe it will increase the deficit, 52% believe it will reduce care, 56% believe it will raise costs, and the numbers are significantly worse when you poll independents. and now this week, joe, comes out that the congressional budget office which the white house has relied on to support

its argument in favor of the law says nearly 800,000 americans are going to lose their jobs between now and 2021 as a result of this new law. pelosi said it was going to get us 400,000 jobs almost immediately, now you've got the cbo saying, actually, it's going to cost 800,000. >> well, but the cbo report says the majority of those jobs will be lost or removed by people who don't want to work, i mean, people who have to work because it's the only way they can afford health care. the health care bill because they won't have to continue working to afford it, will allow them -- megyn: i mean, joe, when i hear that i think, oh, those poor people who don't want to work, but they have to because they have to pay health care, and now thanks to this law, they don't have to work, and you and i get to pay for their health care. >> well, no, they're -- these are people who are up in years who are, who are working, you

know, continuing to work beyond when they should or want to retire because the only way they can keep their health care is, and afford it is because it's so expensive is to keep, is to keep working beyond when they really need to or want to. megyn: are you sure it's the older people? if you're 65, you'll get medicare whereas the younger people who nancy pelosi said this bill's going to encourage entrepreneurship so people can be artists and musicians, and we'll pay for their health care, and that will allow them to pursue those careers. >> well, i think, again, we're getting back to what the cbo said. the cbo said this predominantly were people who would leave the work force if they could if they could find affordable health care without having to continue working -- megyn: that doesn't suggest to me that they're older. >> well, i mean, i think that's what the cbo report says. i'm not saying this aren't young people, too, that would fall into this group, but it's not 800,000 people lost their jobs because the health care plan is

so expensive or something to taxpayers. that's not what's going -- that impedes entrepreneurial job creation. that's not what the cbo said. megyn: understood. well, we've got that playing out on the political front as we watch the legal front which, you know, who knows, joe? who knows? >> yeah. megyn: what might wind up in front of the u.s. supreme court. we'll be watching when it does. >> people want health care reform so, hopefully, somehow we can get the two parties working together. megyn: yeah. the supremes don't like to take the cases without the benefit of a lower court right beneath them giving them some thought and analysis to go on. joe trippi, thank you so much, sir. >> thanks, megyn. megyn: we are digging deeper into a stunning report that federal security teams stopped a weapon of mass destruction at a u.s. port. the news comes from san diego, but the weapon was reportedly found somewhere else. we will show you what we have found so far, wait until you see this tape. this tape of this man making the

admission. >> when this diplomat, shown here, went to speak at a california university, a muslim student group shouted him off the stage. up next, the price those students may pay in criminal court. [inaudible conversations] [cheers and applause] [ male announcer ] if you have type 2 diabetes,

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megyn: in be california a district attorney has now filed criminal charges against a muslim student group or members

of it who last year challenged -- to put it mildly -- an israeli diplomat like this. [cheers and applause] the students screaming and disrupting a speech by israel's ambassador when he spoke on campus last year. after the da filed those charges, a group of university professors fired back, 100 of them outraged that these students are being charged for this behavior. trace gallagher picks up the story from there. trace? >> reporter: and it's important to note, megyn, the university of california irvine has long had a very strained relationship between jewish and muslim students, and now the university says we need to close this chanter and move beyond it. but the orange county district attorney says, no, we don't, we're not going to do that. i want to show you, again, what happened when israeli ambassador to the united states, michael horton, was speaking at uci.

here's the reception he got, and listen to what they say. >> my foreign minister and the person -- >> you -- [inaudible] [cheers and applause] >> reporter: they went on to call him a murderer and a war criminal. this went on, by the way, for seven minutes. you can see the police were there. the university went on to discipline 11 muslim students, and they suspended the muslim student union from being an on-campus organization for one quarter. now 100 faculty members at uci have signed a letter saying enough's enough, they got their punishment, now let's move on. but the da in orange county is saying, no, these students have been charged with conspiracy to disrupt a speech which is a misdemeanor that could land them in jail for six months, though it likely won't. but the da says the students do not have a first amendment right to shut down other people's right to speak or other people's right to be heard.

and by the way, the aclu has now come out in this, and they are the free speech aclu backing the students, saying the students have been punished enough and that they were peaceful protesters, megyn. megyn: it's an incredible case. we're going to show you more of this video and have both sides represented, folk bees who are involved in the middle of that debate right now on whether these students should have been charged in less than one hour right here. trace, thank you. >> reporter: okay. megyn: businessman, entrepreneur, reality tv show host, u.s. president? donald trump raising serious new questions about a possible 2012 run for the white house. he's been dropping hints not just in radio and tv interviews, but take a listen to what trump said at the conservatives' cpac conference that started all the buzz last week. >> if i run and if i win, this

country will be respected again. this country will be respected again. [cheers and applause] i can tell you. i'm also well acquainted with winning, and that's what this country needs now, winning. [cheers and applause] and i will fight to end obamacare and replace it. [cheers and applause] replace it with something that makes sense for people in business and not bankrupt the country. if i decide to run, i will not be raising taxes -- [cheers and applause] willwe'll be taking in hundredsf billions of dollars from other countries that are screwing us -- [cheers and applause] we'll be creating vast numbers of productive jobs, and we'll rebuild our country so that we can be proud. our country will be great again. thank you very much. it's an honor. [cheers and applause] megyn: president trump? joining me now, brad blakeman,

former deputy assistant to president george w. bush and dick hard piewt lean, democratic party chair. brad, as the man from the same side of the aisle that donald trump would be running on, the republican side, president trump? possible? >> no. he's the punxsutawney phil of the republican party. you know that it's presidential season when donald trump comes out of his mansion, puts his head around and then says, i'm going to dip my toe in the water. i will tell donald trump he knows a hot about bankruptcies because he's had a lot of them, and that's not what the american people are looking for. he's a brand, it's all about donald trump. god bless him, in america everybody has a right to run, but i will caution him on this, you have to be selected by the party before you're elected by the people. you can't pass the first hurdle, you don't get to the second. megyn: what do you make of it, dick? to many, his speech at cpac was refreshing. he came in there, he was ready to kick some butt with, show

leadership. he says the united states has become the laughing stock of the world, and he could turn that around because he's well acquainted with winning, and that does a appeal to a sort of populist sentiment in the united states. >> well, we democrats hope so because if this republican primary is grizzly mom versus the donald, it's just another reality show. [laughter] and, i mean, i just -- brad, you know, brad and i agree on this, this guy's not qualified to be president of the united states. megyn: why not? why isn't he? >> what's interesting -- why not? well, as brad pointed out, a couple bankruptcies. the research on him, all you have to do is go to people magazine. [laughter] this guy's not qualified to be president of the united states. but, you know, i said sarah palin wasn't qualified to be vice president of the united states, so who knows what the republican party will do. what is interesting is that cpac, this very conservative, very influential group loves this guy, and i think, brad, this is the problem -- >> no, they don't love him, dick, come on. they don't love him.

>> have somebody to beat somebody. >> come on, please, it was -- >> and i could sit here right now in south carolina -- megyn: he may be getting some traction. let me just interject because however cpac felt about him, wmur did an interview that airs tonight, they're taking him seriously. manchester union leader which traditionally a lot of the conservative candidates seek their endorsement, they're putting a poll on his candidacy. more and more we're hearing his name, brad, as a potentially legitimate challenger, and you guys are both dismissing him, but sarah palin was dismissed as well. michele bachmann has benefited from it -- >> and she lost. megyn: she lost in the general election, but she got the republican nod. >> well, i plead -- >> and we can pray he gets -- megyn: first brad, then dick. >> i pray that candidates who really have a shot come out and announce sooner rather than later so donald will go back to where he belongs, the

entertainment section. this is not a serious candidate for republicans. it doesn't bear well that even people say he is. he knows he's not. donald has done this every four years. megyn: that's true. >> and then he says, well, you know what? i see other people who are more qualified than me to take the lead, so i'm going the support them. the fact is, donald trump just donated to rahm emanuel's campaign. he told wolf blitzer a few years ago on cnn that he considers himself to be a democrat -- megyn: and he donated harry reid $2400 in 2009, and he donated to chuck schumer here in new york. and the question some are raising is whether this is a publicity stunt because he apparently told good morning america because he can't decide whether to run until june because that's when the current season of "the apprentice" ends. >> as brad said, this guy is a great showman. i do say this, though, i wouldn't be so concerned about donald, i'd be concerned about the reaction of those conservatives that were at that very influential meeting.

their reaction -- >> oh, come on. it's not as influential as -- megyn: let him finish. go ahead, dick. >> but, but -- so i think the canary in the coal mine, if you will, is the reaction they had to donald trump. donald trump will not run. brad knows that, i know that. it's good for ratings for his tv show, but, you know, i guess the next person to get into this race will be kim kardashian. megyn: well, his wife, melania, thinks he would be a fabulous president. thank you, guys, brad and dick, always a pleasure. so a shoplifter brings a gun into a walmart store, and when he pulls out that gun on a team of security guards, they bravely tackle him perhaps saving the lives of many customers. in three minutes one of those guards joins us live to explain why walmart then fired him for his heroism. plus, it was all fun and freezing games at the annual polar bear club outing until this woman died.

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♪ megyn: well, new developments today in the case of four walmart employees who sprang to action after an armed shoplifter pulled out a gun. they disarmed the man and held him until police were able to get there to arrest him. but instead of getting a reward or a raise or even praise, they were fired. walmart says they violated company policy and put shoppers and other workers in danger. joining me now, sean ray, one of the workers who stopped the gunman and lost his job because of it. sean, thank you very much for being here. all right. so you are doing your job one day, asset protection which is what you do. you've got a shoplifter who turns out to be a convicted felon who had multiple warrants out for his arrest. as far as you know, though, the guy's just shoplifting that day, and what happens?

>> well, we stopped him for taking a laptop and be got him in our office off the sales floor in a secure area, and he surrendered all the merchandise and then backed up and said i'm leaving, and we told him, no, just calm down. he said, i have something i've got to get rid of. we all assumed it was drugs, just asked him to, please, put it on the counter, it's all right, not a big deal. he reached to the small of his back, held out a handgun, reached down to his side, cocked the hammer and charged into the three of us by the door. megyn: so the four of you fought back and managed the to disarm him? >> well, we all threw our hands up, of course, the shock and fear of the weapon that was produced. and then when he came at us, we all got backed up against the door, and he struggled his way through us, got behind my assistant manager, gabriel stewart, and had his hand on his shoulder and gun on the small of

his back. and turned around and instead of making exit, his back was against the door, he turned and started making threats towards us saying don't make me do this, waving the gun around. so i grabbed his wrist and grabbed his shoulder, and justin, another one of the asset protection officers, grabbed his right arm, the gun arm, and we spun around in a couple circles, put him up against the wall, and our asset protection coordinator, lori, reached in and grabbed the handgun and went back to put it in a drawer in the back of the office. megyn: sean, did you feel your life was in danger? >> absolutely. megyn: did you feel the lives of customers in the store may potentially be in danger? >> >> oh, yeah. it happened just before 5:00, and we have a huge rush, there's hundreds of people that come in and out of the front doors, and our office is located just inside the front doors. had he made it out with a loaded gun, hundreds of people standing in the way could have been shot. we have a great public at that store. they, anybody who sees us

watching somebody or anybody run out of our office, there's a lot of airmen, they'll drop their bags and merchandise and take off across the parking lot and tackle them and hold them for the police. so by us stopping them made it so nobody else could pursue after him and potentially get shot. megyn: i know the police told you you guys had done everything right, and then you get a call from your supervisor or some walmart corporate exec who tells you you're fired? >> right. they put us on a week suspension without pay, didn't tell us what was going on, just that we couldn't talk to each other. a few days later they called us in and interrogated us in a room and kept accusing us of lying saying we only want the truth, and then they sent us for another couple days off, and then they called us in and terminated all four of us. megyn: they say you violated corporate policy, if a weapon comes out you have to disengage and withdraw. was that possible? >> not really. and in the policy it also says

that our number one priority is to protect ourselves, our customers and the suspect. and there was no way o to withdraw. it happened within 20 seconds as we were walking in the office. we barely closed the doors, didn't have enough time to sit down before he rushed at us. we were between him and the door originally, and by the time he got to the door all he had to do was open it and leave. instead, he held on to gabe and kept making threats back to the office and refused to leave. that's when we took action. megyn: sean, we're coming up on a hard break, so i need a quick answer. they're standing by their actions, you're out of a job. what do you want to say to walmart now? >> um, i think that the hands-on policy normally, under normal circumstances is a good policy, and we've always abided by it. but each thing needs to be taken -- every time needs to be looked at as an individual instance, and this was one where we protected ourselves, the

suspect and the customers. megyn: no one was hurt. the guy got arrested, no one was hurt. i think a lot of our viewers think you are a hero. i hope you find a new job. all the best to you. >> well, thank you. megyn: taking your comments on it, kelly@foxnews.com. three minutes away to the case of an illegal immigrant slated to be deported ten years ago,cle now accused of murdering at least three people. eeds alka-seltzer plus! it rushes multiple cold fighters, plus a powerful pain reliever, wherever you need it! [ both ] ♪ oh what a relief it is! 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.

megyn: immigration and customs agents now say they are all over the case of jose reyes alfaro. he should have been deported back in 2002, but that did not happen, and a reporter from our fox affiliate, wttg, has the story of the tragic results. >> reporter: police in manassas were responding to a bloodbath at this home in the

multicultural georgetown south neighborhood just after 7:15 p.m. when they got a call to come to this house just under half a mile away where they found another murder victim and a severely injured woman. the victims were anglo, latino and black. some people wondered whether a gang war might have broken out, but the incident appears to be domestic in origin. >> there is no continuing threat to our count and, second, there is no evident to believe this is wang-related. >> reporter: according to police documents, four people were shot, 37-year-old william ashcraft was killed inside, 56-year-old brenda ashcraft was killed on the front lawn, a 34-year-old woman and a 15-year-old girl were wounded, they are expected to survive. neighbors say the suspect, 37-year-old alfaro was living there. >> for me, good person. i don't know what happened. was a problem or something like that, i don't know. >> reporter: did he drink?

>> he drink i think every day. >> reporter: another neighbor said he had told her he had serve inside the military of el salvador and had committed actions that made him unwelcome in the united states. >> in 2002 he was seen before a federal immigration judge and was put out for deportation, but he was at large since that time. until his arrest last night. >> reporter: according to charging documents, after the shootings on hood road reyes alfaro went to the home of an apparent friend. he rented a room on brent street. reyes alfaro told detectives he used his last bullet to shoot the man in the head killing the 48-year-old man. the suspect is charged with attacking the landlady in the house, a 77-year-old woman with a machete. she has suffered head wounds but is allye. alive. megyn: wow. and our thanks to john for that report.

we'll have more on that in about 15 minutes. we are digging deeper into a stunning report that federal security teams stopped a weapon of mass destruction at a u.s. port. you will hear directly from the man who may have mistakenly let that secret slip. three minutes away. wait until you see this tape. >> we never found one in san diego, no.

megyn: fox news alert. a new development with a stung and apparently accidental revelation that a weapon of mass destruction has been found at a united states court. a brand-new hour of "america live." i'm megyn kelly. a correspondent in california reporting on security at the port of san diego asking the assistant director if inspectors ever discovered a nuclear, chemical or biological weapon. watch his response and watch the

intervention from the public relations rep. >> not at this location, but they have found them. yes. well -- >> reporter: off camera the public affairs officer interrupted. >> reporter: you never found one in san diego, though? >> i would say at the port of san diego we have not. >> reporter: within san diego? megyn: trace gallagher live in our west coast newsroom on this one. trace? >> reporter: kind of like letting the cat out of bag. san diego is a major west coast port. we are talk about cargo ships, cruise ships. and they were doing a check on the latest technology to detect bad weapons. i want to play those two sound bites to give you more context.

the assistant director of the port is not just the director. he's also a customs and border protection agent. watch as answers the first question. he keeps look together public affairs officer as if to say can i say this? watch the first clip. >> reporter: you are looking for the dirty bomb and nuclear device. >> correct, weapons of mass effect. >> reporter: have you ever found one? >> not at this location? >> reporter: but they have found them? >> yes. >> reporter: off camera the public affairs officer interrupted. >> reporter: you can't hear what she says. but they go back and reset. the correspondents tries to press him further because he did say weapon of malls effect. the reporter goes back at him and this time the public affairs officer jumps in for real right

at the end. >> reporter: you never found one in san diego, though? >> at port of san diego we have not. >> reporter: have you town one in san diego? >> i'm trying to. >> we'll just talk about the port of san diego. >> reporter: you couldn't see. she said we'll get more information and foul. he went on to say they didn't foul for 23 days with information on that. they finally got a statement from the department of homeland security that said the officer was just confused. and nervous. there were no weapons found. and then customs and border protection issued this statement. i'm quoting saying they have not specifically had any incident with nuclear device or nuclear materials at our ports of entry. mr. haller is also a cbp

officer. stu would think he knows from where he speaks. he got extensive training in these fields. he said it three times, that weapons were found and now dhs, cbp said no, we don't know anything. megyn: their statement said no nuclear. it doesn't speak to biological or or chemical. it seems there is a glaring omission of what was not found. >> reporter: dhs told the correspondent that no weapons of mass effect were found. but he misspoke an what is nervous. megyn: you know who else is nervous? that public affairs officer it's tough to keep your job when a man in that position makes those kind of statements. where does the truth lie? we report, you decide.

fox news alert on the drug war waging along the mexican border with texas. a top police commander has been gunned down. it happened in air area reeling from drug violence. rival drug cartels going after each other. police say gunmen am burden and killed one of their own before setting his car on fire. we also have a developing story on last week's freezing weather causing a new threat to food prices. the freeze in decades damaged and wiped out crops across the country and beyond. already we are hearing reports of a new jump in food prices. a new jump that could hike up the cost of fresh produce as much as three times what you are paying now. eric bolling is the anchor of "follow the money." this is just the latest development. you are telling me fruits and vegetables, three times as much

because of weather? >> reporter: that's right. just the latest on this perfect storm of higher food prices. at this hour various reasons for prices going higher. a lot of them are geopolitics overseas. this happens to be the freezing weather we have seen the last couple weeks and it's hurting the kropts from zucchini, peppers, tomatoes, spinach, lettuce, some of the asparagus crop completely wiped out. so already on the west coast, grocer are jack up the price sometimes double and sometimes triple. expect that to go. also on the wholesale level, things like sugar, coffee. the bigger commodities, they have been 0 a terror of 100%. megyn: some are saying this is

the they have seen in terms of produce prices getting jacked up. a lot of stores can't advertise the prices. >> reporter: they go in advance and predict a sale. cucumbers, 36 cents a pound. they put it in there, they bite ad space. people expect that. in the meantime the growers are sending them cue couple bers at three or four times the price they thought they were going to pay. they are trying things like talking to customers. maybe you can replace that ad with something else. the bottom line is beef prices have been going up. cheese, dairy products, milk have been going up and now expect the produce to be going up as well. megyn: only a few crops not effected including potatoes, onions and apples. apples are good. snack on an onon.

thanks, snack on and onion. you can catch eric on "follow the money." president obama unveiling his budget. $3.7 trillion is the grand total. his long-term goal is to cut the deficit by $1.1 trillion over the next 10 years. house majority whip kevin mccarthy saying that's not enough. >> i always expected the president to lead. but if he's not going to lead, the republicans will lead. that's what the americans said they wanted. that's what they are doing with the current lack of a budget. if he cut his deficit in haste's still larger than the deficit for the president before. why would we want to settle for that? we need to have a fundamental change.

megyn: mike emanuel is live at the white house. we have a debt at $14 trillion. the president's plan is to cut $1.1 trillion over 10 years? report right. bottom line, president obama said this is about making tough choices and sacrifices, though presumably a lot of the sacrifices about be made after our economy is doing better. the 2012 fiscal budget was delivered earlier this morning. it does not deal with the entitlement problem. budget officials say cutting spending and deficits will require putting political differences aside and working together. the idea is setting up a blue print of cutting the deficit. the president visited a middle school in obama today. base said the -- middle stool in

baltimore -- a middle school in baltimore. earlier president obama laid out his thinking on the budget. >> the only way we can make these investments in our future is if our government starts living within its means and take responsibility for our deficits. >> reporter>> reporter: criticss is a missed opportunity. we'll have more as the debate continues. megyn: fox news alert. a suspect is in custody after a shooting at middle tennessee state university. the school saying an argument erupted between two men on campus. one of them pulled a gun and shot the other in a hand before fleeing the scene. security had advised students and staff on the tennessee campus to remain inside and some secure their rooms and buildings. the feds now admit that they let almost 1,000 of the most dangerous criminal illegal

aliens out of jail and back out into our society. this is just in one year. murders, abusers, they were behind bars, then they were set free in our communities. and wait until you hear why. plus they take a dip in frigid waters to help raise money for charity. but one party-goer on the jersey shore wound up dead. that has earned a lot of folks a stint in today's "kelly's court." plus, a group of muslim students shouting down israel's ambassador to the united states during a speech at the university of california irvine. free speech or a criminal act in the aclu is involved. what happened to them and was it right? we report, you decide.

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conspiring to help the taliban. there is word three of these defendant tried to sell surface-to-air missiles to the group. prosecutors say the defendant agreed to receive, store and move massive quantities of taliban-produced heroin. some of the most dangerous criminals in the country set free to roam the streets by mistake. that according to a homeland security report it says immigrations customs enforcement or i.c.e., many of them with rap sheets for the worst of crime like murder, sexual assault. kidnapping. instead they were released back onto the streets like any old american prisoner who had done his time. mike, we reach out to i.c.e. and

they said it's true. there was an internal audit done about it inspector general. in i.c.e.'s gives, it's a small percentage. 2% -- 4% of criminal aliens eligible for parole. 2% in texas. >> the worst of the worst. we have the finger in the dike so don't pay attention to the rest of the water coming over. it's terrifying, whatever the reason. this is what beraise the claim that illegals are just these docile wonderful people who want to come over here to mow our lawns. megyn: some are. >> but some are these people. that's what's terrifying about the holes in our system. we all dance around this because of political correctness. we are afraid to put the hammer down. if you are an illegal and you are convicted we are going to send you back yet we are not

supposed to do that. we have a path to citizenship mentality that will get people killed it's happening now and this report ron firms it. -- this report confirms it. megyn: i.c.e. says they will implement a new policy that requires screening and identification of all people that fall into this category. they say the screening process is how they got out. we were handed a system that was flawed. we can't fict all in a day or even two years. >> governor rick ferry worries if you don't seal the bored all of this will -- if you don't seal the border, all of this will happen on a recurring basis. they are going to rape, kill and maim american citizenry. the candidate in 2012 who

embraces this is the one who will win the next election. americans are fed up, they are diskurnlgd and they are scared. we have to find a politician hole face this head on. megyn: i.c.e. says its focus is to deport those illegals who have a criminal history. don't send me the emails if you come into the country illegally you committed a crime. i know. i'm talking about their priorities on those who commit another crime. >> or crimes. megyn: that's their point. they only have limited resource. you are taking issue, do what you are going to do on deportation, but secure the border in the first place. >> you will open the door for this bureaucratic nightmare to open. megyn: didn't president obama send down for more border patrol.

>> he has a chief that says things are better at the border than ever before. megyn: they talk about record number of deportations. >> it's because there is a record number of illegals. they are pretending everything is hunky doery at the border. what janet napolitano has said is reprehensible. people are getting their heads cut off. people are being kidnapped and murdered. this administration shouldn't prethe ten --pretend it's not g. megyn: there was a guy ordered deported a decade ago. deported nearly a decade ago. ordered to be. was never sent out and now he has murdered at least three people or charged with murderer.

>> i had pleasure of meeting with george w bush his last days in office. he feels the morally correct path to offer illegals a path to citizenship. that's the way he sees it. i love the guy and respect him tremendously. i think those days are gone. we have to take a hard line stance. if you break the law once you are here, you are gone. there is no do not pass go, do not collect $200. and i believe that many the way most americans feel. if there is a republican candidate who says that they will be the next president of the united states. it hinges on national security. it deals with the economy in a big way. jobs. it has it all. this is the issue that matters to most people. megyn: mike gallagher, good to speak with you. megyn: the latest in homeland security is a plant that can sniff out would-be terrorists.

we'll show you the amazing science between how these things can communicate. maybe they can look into that in san diego. one city pushing to ban perfume and cologne. no more perfume at city hall. a move that may not be the best idea for some folks. we'll clear the head just ahead. [ male announcer ] gout's root cause is high uric acid.

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megyn: a frantic search in egypt for item looted from the egyptian museum. there is new two valuable items have been recovered. they survived for thousands of years only to be stolen during the recent riots in cairo. egypt's antiquities minister

said they recovered some small statue. they were found outside the museum between the gift shop and the government building that was set on fire. back to the fox news alert and the drug war raging along the border with texas. a top police commander gunned down. it happened in nuevo leon. trace gallagher has more on all the problems in this region so close to the united states. >> reporter: it many the state where monterrey is. this police officer's body was found in downtown monterrey. this was the director of the state's security and intelligence in nuevo leon. a big-time police officer. it goes to the war on cops that has been going on for the better part of a year.

last year 75 police officers gunned down in nuevo leon. this is the 21st police officer shot and killed this year in nuevo leon. the signs are this war will get worse. they are fighting for control of the drug corridors. the reason it's so important is it leads directly act texas border into two major interstates. the more quickly you get your drugs across the border the more money you can make. entire city police forces in the past 45 days have up and resigned because of the cartels threatening to kill the police officers trying to crack down on them. this one the state corrector of security and intelligence gunned down in his office in downtown

monterey. megyn: the polar bear plunge it's an annual event where folks take a dip for charity. one woman did not make it out alive. now her parents are suing everyone including the city, the police and even the doctor who declared her dead. do they have a case? "kelly's court" takes a look. muslim students shout down a guest speaker at uc irvine. they get disciplined. now teachers at the university are coming to their defense as criminal charges are filed against them. we have both sides right up next. [ male announcer ] 100 crisps in every can.

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megyn: welcome back. iranian security forces cracking down on opposition protesters. police arresting dozens of demonstrators in tehran and firing teargas to disperse the crowd. protesters setting garbage cans on fire to protect themselves from the gas. borders filing for bankruptcy protection. the class action lawsuit stemming from the super bowl seating mixies expanding scope. it will involve separate

plaintiffs. those who lost their seats and those who said they were promised better seeing the arrangements. >> it's a so far as frustration, a person who spent most his life speaking [crowd shouting] megyn: a dramatic scene unfolding on the university of california's irvine campus. muslim students shouting doins really ambassador in 2009 chanting anti-israel slogans, refusion to let him speak. the groups protesting were escorted out of the lecture and

charged recently with two misdemeanor counts. most of the student body and 100 faculty members all petitioning the district attorney to have those charges dropped. we have an associate law professor who signed the letter protesting these charged. and martin klein is live with us from jerusalem. thank you both so much for being here. you are against these charges. the university dealt with these students and administered discipline. the muslim student group was put on suspension for a semester. the district attorney says they violated a law against disturbing a meeting. you say it's a bad idea why? >> first let me correct you. i'm a law professor not at u.c. irvine.

i think it's a bad idea. the district attorney is targeting these students because they are muslim students and they are expression an unpopular points of view. this amounts to limiting their speech based on content which is prohibited. megyn: i understand you are now concerned with protecting free speech rights. but were you've equally concerned with the free speech rights of ambassador oren. >> of course. about it am not like he could not speak. the students peacefully student. you have been showing the footage, viewer can go on youtube and watch. the students in turn student, said one sentence each and moved out. very peacefully. they walked to the security. it's not like they protested in bad faith. they simply expressed their views and they have a right to do that. megyn: according to the reports the students were yelling things like baby killer and the blood

of children is on the hands of america. this has been organized well in advance and was not the first time this muslim student group had done something like this. your response to seval's points that this d.a. is effectively silencing free speech. >> first of all, the students were claiming war criminal, mass murderer. he was interrupted. twice he had to stop speak. he had to end a question and answer period. he had to shorten the speech not allowing the students to learn from him. i would like to ask the professor why on february 24 when students were protesting budget cuts and the district attorney then filed charges for disorderly conduct against these 19 students, even though they were punished about it university, why didn't she and other faculty protest then in this is not about muslim students, this is about breaking the law.

megyn: the d.a. said put the shoe on the other foot. this is the example the d.a. spokesperson said. what if we substituted different groups? what if this were the klu klux klan who conspired to silence a speech by martin luther king. >> it's amazing you liken the students to the klu klux klan. megyn: this is from the d.a. >> it's amazing the d.a. likens them to the klu klux klan. i question the d.a.'s motives behind this prosecution. and i think this likening the students to klu klux klan shows his motivation if anything else. i'm not aware of the response to the earlier crimes of the 19 students who were charged. if you had come to me then i would have spoken out to those charges as well. megyn: the muslim student group said they have been disciplined by the university and it's been

accused of stirring up racial tensions or national tengss. but they say they have also been targeted and they were there expressing their opinions like all americans are free to do. >> no, you can raise your hand and ask a provocative serious question. they can't stop a speaker from speak. and this is not the first time. they have had demonstrations where they called jews nazis. that israel and jews are baby killers. this is what they have been doing for a long time. we know this was planned in advance. the investigator for the university found emails from the muslim student union asking students who want to disrupt, especially if they are not worried about police or administration action, telling them oren has no right 0 go to any university to say what he wants. they told the students if they ask you about them tell them the muslim student union has nothing

to do about this. the union group that was punished, we have no knowledge of any student being punished for these actions. megyn: what about that, according to the university was that this was a coordinated effort by the group to silence the ambassador and coordinated effort to lie if confronted about the fact that it was an organized effort. >> i have a problem with the university as well. they should not have punished these students either. but i cannot speak for what they did because those records are confidential and i don't have access to those. megyn: you think the students should have been allowed to shout down the ambassador penalty free? >> they did not shout count ambassador. he kept talking. he had bodyguards. we can see the tape and he continues to speak. but he eventually did speak. >> they stopped the speech tries. he had to shorten it.

he couldn't continue to have a question and answer period because of these students. the investigation report i referenced is public knowledge. megyn: i thought it was interesting. >> i'm speaking about the charges brought against the individual students. those are confidential. megyn: i want to leave with you this. i know you are associate law professor. one of the most respected free receive advocates. >> i don't have to agree with him. megyn: absolutely not. i wanted to share his perspective and i appreciate both of you hav --both of you. the emails are pouring in on the donald trump segment and the

walmart segment. all she wanted to do was have a good time so she flocked to the festivities at the annual polar bear plunge, never intend to go get in the water. but she ended up dead. now her parents are suing. we have that case next in "kelly's court." one city making a stink about perfume. why it doesn't want its workers wearing any scented fragrance. will a ban pass the legal smell test? we are live with those details coming up.

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over a million people have discovered how easy it is to use legalzoom for important legalocuments. so start your business, protect your family, launch your dreams. at legalzoom.com we pu. megyn: . a 35-year-old tagged along at the polar bear plunge events. she had anyone tension and

taking that plunge. she was there for the booze-filled festivities. somehow tracy wound up in the icy water anyway. her body was later found floating in the bay near the sea isle city. doctors say she died from hypothermia and alcohol intoxication. she also had several broken ribs, leaving authorities to believe she fell off the docks. now her parents are suing everyone. the city, the police, the polar bear association. the doctor that pronounced her dead, you name it. let's ask our panel. so she wasn't planning on being one of the people who strips down and goes into the frigid waters which they do for charity. it's an annual events. but it's surrounded by a weekend of festivities and partying. the theory of her family is

what? >> it's a tough one. someone is responsible other than their daughter. and the first thing i would concede on behalf of my fake client is personal responsibility. what they recover if anything would be offset by their daughter's own negligence, which is extreme. i don't have all the facts but that appears to be a francophonie baloney. we don't have all the facts. assuming they overserved her at bar and there will be video to show what they served her, how much, how often and what she was like leaving the place, if there was a dangerous condition outside the bar that led her to fall into the frigid waters, we don't know. all i'm sake is there is a possibility this lawsuit could succeed. megyn: that's the theory. this polar bear club and the city encourage a weekend of

today rousing and drinking and irresponsible behavior and these parents had complained about it in the past. they said we don't want this going none our city, somebody will wind up dead, and lo and behold, their own daughter did. >> i do the polar bearing every year for charity. totally sober. megyn: are there others there who are intoxicated? >> it's not like a st. patty's day kind of thing. alcohol is prevalent. what the theme is is stay warm, go in, go out, write a check to charity and go home and do what you are going to do. they have police boats in the water. they have lifeguards in wetsuits in the water. they have people on the beach right there all kinds of first aid health stations. they have never had anyone in the last 20-25 years suffer hypothermia. when you read this you see she

has broken ribs. clearly there is hankie panky. clearly nobody knows how those ribs got broken it's a tragedy. but sometimes tragedies happens and it's nobody's fault except the person who is the victim. what is troubling is it's lawsuits like this that can stop good fun activities like the polar bear club. they raised $25,000 last year for a kids' camp for the summer. those lawsuits will say we can't do it anymore. megyn: she did not die at polar bear event. she wasn't with arthur running out into the water. she died of hypothermia after falling they think off a dock. but listen to what the parent say. they attended several sea isle city council meetings to complain about the town's choice to ignore the excessive partying that accompanies this event.

they said we don't see the city doing anything to clean up these bars that are overserving people. and that's how our daughter wound up in this position. i grant you personal responsibility for the girl, but is there some comparative negligence by the city? >> the answer is yes. twhament they are alleging. the climate they created encouraged this type of activity. the bar owner went along with it. the city loves the fun. and the worst image i have during this whole thing is arthur jumping into those frigid waters in that orange speedo of his. megyn: we don't reach out to the panelists to see if they have personal photographs. >> thank you very much it's a sad story. but it's a great event. my experience has bank of america's been loaded with

people getting h he drunk. megyn: sometimes people can be irresponsible in a way that doesn't cause anybody problems. >> these are the situations that lawyers create that do more harm than good. the polar club is a good institution. then you have one thing like this, one lawsuit that stifles it. that what troubles me. megyn: this years he vince in late february. bring your iphone. >> i'll bring my blindfold. megyn: one final word for our viewers. it is unfortunate this woman died and it's not the most responsible thing for the city to encourage irresponsible

behavior. this woman made the choice to drink excessively, it proved deadly. for that her family cannot sue. the lawsuit over an alleged sex tape of john edward and his alleged mistress testifies in court. just ahead. [ sneezes ] client's here. whoa! that achy cold needs alka-seltzer plus! it rushes multiple cold fighters, plus a powerful pain reliever, wherever you need it! [ both ] ♪ oh what a relief it is!

involved with his mistress reille hunter.

she sued to reclaim the tape. he is facing his own legal problems separate and apart from this. an investigation into whether he used campaign funds to pay reille hunter and cover up his affair with her. perfume and cologne are popular valentine's gift. but they could be off limits to city employees in portland within oregon. the city is considering a crackdown and personal products that emit heavy fragrances. people are so interested in these stories, we get tons of emails. what are they doing in portland? >> reporter: it' the city of roses. not anymore. by the time "america live" goes to air wednesday afternoon at 1:00 in the east we'll know whether portland, oregon has a ban in city hall on perfumes. it can be colognes, after share.

strong-smelling deodo dedesmells because they say it can affect people's breathing. they say no more. the new slogan will be we are stinky but we are healthy in the city. that's not the slogan will be. megyn: there were some awkward exchanges among some human resources people who had stinky employees. you know, have you ever worked with a stinky coworker? it many human resources job to pull that person aside and say others are complaining that you stink. and i'm not talking about deodorant within. i'm talk about body odor. then they are supposed to go

home and get perfume. now the city is saying you can't do that either. >> reporter: i would rather fire somebody rather than tell them they are stinky. megyn: the secret santa keeps getting in high karate every year. that's for bill o'reilly. he claims he used to wear that. trace, thank you. i'll have that fox news alert for you wednesday. former president bush declared him a come patent. but jose padilla is a citizen and there are those who say the president had no right. where to go for a quiet get away.

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