jon: that's going to do it for us. hope you are having a great wednesday. jenna: thanks for joining us, everybody. "america live" starts right now. megyn: thanks, guys. this is a fox news alert. we're getting new details about a brutal ambush in mexico that left one u.s. immigration and customs agent dead and another seriously injured. president obama reaching out to the family of murdered agent jamie zapata. welcome to "america live." i'm megyn kelly. the murder of a federal agent inside plaxico is a big deal right now, folks. this was the scene yesterday. actually, his name is pronounced, jamie zapata.

he is the first ice officer to be shot and killed in the line of duty in 25 years. a second agent now recovering from his injuries. there are serious questions about whether the mexican drug cartels are escalating the so-called third war to target americans and american officials, trace. if they are, it's a big deal. >> reporter: it's a big deal anyway, megyn. we're talking about getting new reports along the border, giving us a better idea what happened on that highway and investigators are looking at the cartel being behind this. until recent months, there's been little drug violence. it happened on a four-lane, federal highway going south in an armored chevy suburban between monterey, mexico, and mexico city. the federal agents were driving

when someone gave chase. the agents came up to what they thought was a police patrol checkpoint. they rolled down their window reportedly to show their u.s. i.d. when someone opened fire. they shot one of the agents twice in the leg. the agent, whose name has not been released, is in stable condition. and they killed jamie zapata. he's a graduate of the university of texas brownsville. former member of the border patrol. he was based in mexico city, along with 30 other i.c.e. agents. they work things like drug and human smuggling intel. they also train mexican police officers. the cartels have declared war on the police down there. some 750 mexican police officers have been killed in drug violence just this past year. we're watching closely now information and statements coming out of the department of homeland security, because this could be a game-changer when it

comes to united states' policy towards mexico. you mentioned the last federal agent killed in mexico was in 1985. that was a d.e.a. agent. that sparked the biggest d.e.a. investigation in history. the u.s. sent dozens of investigators down to mexico, in essence, taking control of that investigation. that also caused tension between the two countries and dozens of people were brought in for questioning. this will be very interesting to find out how the united states deals with this. you mentioned the president has called the family. we're now watching to see what d.h.s. says, what border patrol says, what c.b.p. has to say about this. megyn: yeah. it was international implications and domestic implications as well. trace, thank you. we're learning more this afternoon about the life and

career of agent zapata. the texas native joined the agency in 2006. he served on the human smuggling and trafficking unit. he was recently assigned to represent customs at the embassy in plaxico city. he graduated from the university of texas-brownsville and began his law enforcement career as member of the border control in yuma, arizona. in the past two years, two border patrol agents were shot to death on the southern border. meantime, the violence hit way too close to home in arizona back in march of last year when rancher robert crantz was found

murdered on his own property. just a few weeks ago, 59-year-old missionary nancy shoeman davis was shot by gunmen in mexico trying to stop her and her husband in their car. and just over a week ago, two texas high school students were gunned down in juarez, mexico. we'll speak with the former deputy director of immigration and customs. he ran this agency's operations in mexico city up until december and he can give us a perspective like nothing else you will see on tv today. that's at the top of our next hour. this is a fox news alert. new jersey governor delivering a key budget speech in our nation's capital any moment now. you are looking live at the american enterprise institute. chris christie taking on the teachers' union, rejecting contracts he says that the state cannot afford.

and today's remarks are getting a lot of attention. shannon bream with why this is a national story. >> reporter: the message is this -- go big or go home. both republicans and democrats have been failing, he says, to take care of our budget problems. he is expected to talk about his condition stant clashes with teachers' unions. he has fans, but also critics, including the governor, saying -- >> reporter: given today's high-profile speech in

washington brings forth the question, would chris christie run for the white house? he said it would be arrogant to assume that after one year in new jersey he would be prepared to lead the country. >> my view is i want to -- if i ever were to run for the presidency, i want to make sure that i feel ready. i don't think you run just because the political opportunity is there. that's how we wind up with politicians that are not ready for their jobs. >> reporter: a lot of folks want to see him do that. he finished third in a poll last weekend. it looks like he's getting started with his remarks. megyn: we'll take a quick listen to some of them. >> i fear that after watching how things have been going over the last month or two that we're missing an historic opportunity. and i will not be someone who will participate in violently missing that opportunity. a month ago, i gave my state of the state speech in new jersey.

what i said during that speech was that i was not going to do the normal state of the state or state of the union speech that you do. george wilkes put it better than i could, "these speeches have become the politicians' attempts to stroke the erongenous zones of constituents. it's a laundry list so that you mention the department of labor, and then the head of that sits up and smiles, because his mother will see him on tv." as much as i love my commissioner of labor, i didn't think it was time to give a speech like that during these times. i don't think there will be much disagreement in this room and i don't think there should be across the country about what the big things are, but what they are for new jersey

and for america. for us in new jersey, it's three things. it's restoring and maintaining fiscal sanity. it's getting our pension and health benefits under control, reform, and have the costs lowered. and it's reforming an education system that costs too much and produces too little for our society today and for our children's future. now if you look at those three issues, these are not in and of themselves democratic or republican issues. each governor across america is confronting the same things i'm confronting in new jersey. a decade or more of out-of-control spending in many, if not most states, state taxes that have been raised to

new levels. debt loads that are out of control for state entitlements and for just general borrowing. every governor, republican or democrat, is facing this problem. you know, if you look at it, just look at our little area of the world. you have me in new jersey, elected in 2009 as a conservative republican in one of the bluest states in america. and across the river, you have the son of a liberal icon who is saying the exact same things that i'm saying. i defy you to look at the first six weeks of the cuomo administration in albany and discern much of a difference between what governor andrew cuomo's saying and what governor chris christie is saying on these big issues. it's not because all of a

sudden governor cuomo and i have decided we're members of the same party. we're not. but we're confronted with the same problems. and these problems and issues are not partisan. they're obvious. and they're long overdue to be solved. and so that's why you see andrew cuomo or, for god sake, even jerry brown of california, talking about reducing salaries of state workers by 8% to 10%. saying the same things that scott walker is fighting in wisconsin, john kasich is fighting in ohio. i said to the people of new jersey when i ran for governor that if they give me the opportunity to be their governor, not only would the state go on a path towards

fiscal recovery, but we would lead the nation because we have a one-year head start on everybody because of our odd election year. we with have a one-year head start on a huge new class of governors that would come in in the election of 2010. now you can imagine how that was received in new jersey. now, this is a state that during my time as united states attorney was known predominantly for a few things -- political corruption, "the sopranos", "the real housewives," and regretably, "the jersey shore." not a place that thought of itself as a national leader in something that would matter for our children's future. but i believe part of leadership is understanding,

articulating, and believing in that which is special and unique about the people you serve. and having been born in new jersey and raised there and lived there all my life, i know that if presented with a challenge directly without any sugarcoating that the people of new jersey would step up to the plate and answer the call. and after 13 months now as governor, i think we have plenty of evidence that we were right in 2009. when i came into office, we confronted a $2.2 billion deficit for fiscal year '10, the one that has five months left, the one that governor corzi told me was just fine. my chief of staff brought me a sheet of paper that showed me if i did not act immediately to

stop the planned spending that new jersey would not meet its payroll for the second pay period in march. imagine that. the state that has the second highest per capita income in america had so overspent, overborrowed and overtaxed that it would not meet payroll in march, 2010. so we acted immediately using executive authority of the governorship to impound $2.2 billion in projected spending, without the permission of the legislature, without compromise, because it was not the time for compromise. and without raising taxes on the people of the state, who had had their taxes raised, and fees, 118 -- 115 times in the previous eight years. so we balanced the budget and turned immediately towards this

fiscal year we're in now. and we're confronted with an $11 billion deficit, the highest by percentage of any state in america. believe me, the partisan democrats in my state believe they had me right where they wanted me. you would have to raise taxes. and they put it right down on the table, said they wanted to increase the tax that they love the most, the income tax, and specifically, they called it the millionaires' tax. this is an aside about new jersey math. see, when democrats in new jersey call it a millionaires' tax, that's anybody over $400,000. that's new jersey math. so for businesses or individuals who have $400,000 in income or more, they wanted to raise their taxes, again, from 9% top marginal rate to

nearly 11%. and they told me if i did not agree, they would close down the government. there would be no budget in 2011 without an income tax increase. this had happened four years earlier in new jersey with governor corzine. and the democrat-controlled legislature closed down the government on a democratic governor because they could not agree how much to raise the sales tax. and governor corzine, famously, invited the press into his office, now my office, and there was a cot in the office. it's not normally there. he said to them, i will be sleeping in this cot over here until this crisis is averted. so i knew these were the same fellas who had been in the legislature when he was there, now threatening to do the same thing. so i decided to call them down early on and advise them that

the place was under new management. i said, listen, you guys want to pass an income tax increase, you can. i will veto it. and if you want to close down the government because of that, that's fine, but i want to tell you something. i'm not moving any cot into this office and sleeping here. you close down the government, i'm getting in the black s.u.v.s, go to the governor's residence, order a pizza, open a bore and watch the mets. and when you decide to reopen the government, give me a call and i'll come back. [laughter] but don't think i'm sleeping on some cot. take a look at me. you think i'm sleeping on a cot? it's not happening. so we stood up. we stood for our principles. we submitted a budget that cut real spending 9% year over year. not projected growth.

real spending 9%. every department of state government was cut. and we balanced the budget without any new or increased taxes on the people of the state of new jersey for the first time in eight years. and the budget they called did on arrival without an income tax increase was passed two days early with 99.8% of the line items exactly as they were when i submitted them back in march with a democratic legislature. why? because we stood up for what we believed in. and we made it very clear that we would not compromise on our principles. we compromised on things that were not core principle items, but not on raising taxes on the people of new jersey. that leads us now to today. and that's why fiscal discipline is so important. just because we went through

that once or one and a half if you count fiscal year '10, doesn't mean we should be patting ourselves on the back and taking our eye off the ball. this is a problem that took a decade to develop and it will take longer than a year for us to fix it. the fiscal discipline is extraordinarily important not only for new jersey but for america. now we have a whole new way of budgeting in new jersey. we don't assume that every program will be funded any longer. we don't assume an increase in every budget. the democratic legislature will come out and say, i have a $10 billion deficit. that's because they're playing in the old playbook that says that everything i did last year, of course, the next year i would want to reverse and go right back. that's not going to happen. and it can't happen if states are going to progress and get

out of this crisis. we now have to stick to a new type of approach to budgeting, budgeting bottom up, requiring, as i do now of every one of my cabinet officers, that they come to me and not tell me what each one of their programs cost and how much they're willing to cut it, but to say to me, which of your programs are absolutely necessary and how much do you need to fund them? this is what you are getting. whatever doesn't fit in your equation is out. we have to fund that which we really need and to do that we have to cut that which is just what we'd like rather than what we need. you will hear this debate going on down here now. you will have folks tell you that every bit of federal spending is necessary. it's not.

megyn: extraordinary remarks from governor chris christie, rumored to be a possible presidential contender in 2012 or 2016. there is talk about him as number one or number two on the g.o.p. ticket, though he's denied that saying that he has his hands full with new jersey. we'll stream the rest of his remarks live and foxnews.com. it was interesting, wasn't it? standing by with me is stu varney. stu, we had you on to talk about state and fiscal discipline, which has become a national theme now. it just so happened that the new jersey governor was exactly on point on the subject of the day. and what an example he is offering in terms of one approacho it. >> reporter: i think he sent a clear message to president obama. don't go back to the old way of doing things. don't raise taxes. hold the line. get some fiscal discipline and the country will support you,

just as he did in the state of new jersey, held the line. no tax increases, cut where you got to cut. end up with what you need and not what you want and the people will support you. i also thought that was a very well-delivered speech. didn't look like it was written out for him, no teleprompter. real communication from bullet points and i thought it went across very well. megyn: his ability to communicate is what people love about him, left and right. is this the way of the future? he mention the the wisconsin governor, kasich, even talked about california, even, for god's sake, jerry brown in california, is starting to make certain cuts because this is the new reality, he thinks. >> governor scott walker, republican of wisconsin, was

saying that he expects to get a vote passed very soon in the state legislature in wisconsin that would vastly scale back and restrict the power of state municipal workers. it would take an enormous amount of power off them. it's confrontational with the unions. megyn: no collective bargaining for the unions because he said, i have no money to bargain with you. i have nothing to give you. >> when this bill goes through in wisconsin, the union will not be allowed to bargain on anything but wages. pensions, benefits, nothing, forget it. megyn: and you will have to start contributing to your pension and healthcare, just like the private sector. >> and here's one more that could lead to the extinction of unions in wisconsin. every worker in a union in wisconsin will have to vote every year on whether they want to continue being in the union. megyn: unions hate that. they want to make it as easy as

possible. it's a microcosm of what we're seeing on a national level now in terms of states that are in the red and a federal government that happily not in the mood to bail them out again and governors asking themselves, what will we do? will we jack up taxes even higher or make real cuts and force somebody other than ma and pa taxpayer to be unhappy? >> the christie-scott walker way of doing it seems to be the winning way and the way in which a lot of states will follow. megyn: it's fascinating to hear. thank you, sir. i appreciate it. >> reporter: thank you. megyn: and we have a fox news alert coming in. the broughtal ambush of two immigration and customs' agents inside mexico. one is dead, the other seriously injured. moments ago, the new white house press secretary, jay carney, saying that the department of homeland security is ramping up efforts to find

the killers. >> the president has been fully informed on what happened in mexico. the president called the parents of special agent jaime zapata to express their condolences. no words can express the sadness of the loss of a loved one. their son served our country admirably and assured his parents that the entire country was grateful for his selfless service and contributions to our nation. you should know that the u.s. law enforcement agencies are working closely with mexican authorities to investigate the shooting and that the resources of the federal government are at the disposal of our mexican partners in the united states and today secretary napolitano and the attorney general, eric

holder, are formalizing a joint task force between the department of homeland security and department of justice that will leverage the investigative capabilities of both agencies to work with mexico in tracking down the perpetrators. megyn: coming up, we'll speak with a former deputy director of i.c.e. he ran the agency's operations in mexico until december. he will have an insider's perspective on what's going on and how concerned americans need to be. the white house is keeping a close eye on new protests in iran. the uprising in egypt fueling anti-government sentiment in tehran and the hard line regime is threatening to kill protesters. how does the administration plan to handle this situation and have they had a hand in causing it? monica crowley, fox news

contributor. over the past several days, we've heard from hillary clinton, president obama, the national security advisor, the white house press secretary that seemed to be stoking the fires of opposition leaders or protesters in iran, where they did do so a year ago, but now they seem to have gotten the message, but critics are coming out saying, it's too late. now we'll have blood on our hands if we continue that. >> reporter: almost immediately after president obama took office, he went to cairo for this great speech to the muslim world. folks in iran heard that message. it was about greater political and economic liberalization, allowing regimes to crack themselves open and give voices to their people, which was a message of george w. bush. so president obama delivered that message to the muslim

world. yet when push came to shove, whether it was in iran two years ago or the egypt uprising, revolutions are hard. so when the american president said, we'll stand with you, when it starts to happen, the american president needs to stand for something. what we saw two years ago in iran, it was a very, very tepid statement from the white house where they basically said, the president said, i don't want to meddle in iran's internal affairs. megyn: he said, democracy, yes, freedom, yes, but it's up to you to determine what will happen in your country. it seemed to be the message, i'm no george bush. i won't continue that policy. so you are right. we didn't meddle and president obama was criticized for that, for not supporting the opposition protesters. very different message now in the wake of egypt.

we have a sound bite from president obama yesterday. listen. >> my hope and expectation is that we're going to continue to see the people of iran had the cowheral to be able to express their yearning for greater freedoms and more representative government. understanding that america cannot ultimately dictate what happens inside of iran any more than it could inside of egypt. megyn: so it seems to be a similar message. he is saying, we're not going to meddle. >> that statement yesterday really -- i was listening to it and i thought, could he spare us? it was a nonenergetic, tepid statement where when the egyptain people were uprising, he gave a series of relatively strong statements here. and i think when you are dealing in relative cases, the

case of iran in terms of moral clarity, it's a clearer case. you have a regime that's an enemy of the united states and has been for over 30 years. megyn: but hillary clinton came out yesterday and she was more forceful than barack obama. and michael schuler, former c.i.a. guy, he called her -- said she sounded blood thirsty and she is encouraging kids to get shot on the streets of iran. our top diplomats need to be careful. >> she did give a stronger statement. the moral clarity is so much more clear in iran than what egypt is. iran is seeking nuclear weapons, they export terror,

they support al-qaeda. to me, this is a no-brainer and that the american president should stand up and say, we stand with the people of iran. and the united states behind the scenes should be doing a lot more overtly to support them. megyn: that's the question. what do we do -- i have to go. >> the objective is regime change. that will cause the nuclear problem and terrorism problem coming out of there. megyn: monica crowley, thank you. fox news alert. israel's foreign minister says that iran is about to send two warships through the suez canal for the first time in years and called it a provocation. we heard that israel may respond to that provocation. we go live to jerusalem after the break.

to stay fit, 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.™ 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. this is mary... who has a million things to pick up each month on top of her escriptions. so she was thrilled that her walgreens pharmacist

recommended a 3-month supply and would always be there to answer questions about her health. now mary gets 3 refills in one and for 3 months, she's done. more or less. ask your pharmacist about a 90 day supply and get a free gift. walgreens. there's a way to stay well.

megyn: fox news alert. our jerusalem bureau confirming reports of two iranian warships en route to the mediterranean sea off the coast of israel. these ships may be entering the suez canal in just hours. israel's foreign minister calling this a serious provocation. greg burke is live in jerusalem with the story. greg? >> reporter: israel has been watching egypt for obvious reasons. now they're looking at egypt for another reason, one it calls a major provocation on the part of iran.

two iranian warships going through the suez canal, going to dock in syria. it will mark the first time that iranian warships have been in the mediterranean for years, actually, decades, the time of the shah. with all the rhetoric coming out of iran and iran's president. leaving the door open for action. and that the international community doesn't seem to be taking it very seriously. when the uprising in egypt did take place, the israelis talked about this becoming the new iran. tonight you see why they're worried about the old iran. megyn: greg, thank you. we'll monitor that breaking news. in the meantime, the i.r.s. is

now asking for nearly $120 million in additional funds thanks to the healthcare law, much of which is to pay agents to look over the taxpayers' shoulder. are these the new jobs that nancy pelosi promised? ben ferguson and nancy skinner, my guests. ben? >> yeah. what a day. yesterday we got the i.r.s. involved with breast pumps and reductions. now we have 81 new i.r.s. agents hired to monitor tanning beds. does it get better than this? you know people have strived when they say, i want to be an i.r.s. agent that monitored tanning beds, and by the way, it will cost us a couple hundred million dollars more. the i.r.s. report that came out said this, this makes a huge challenge to the i.r.s. the i.r.s. is admitting, this healthcare overhaul is a major challenge that they're warning congress that it may take years

to get up to speed. megyn: is this in the budget for healthcare or does it now go to adding to the cost? >> i'm not sure. whatever ben said sounded scary and meant nothing. >> it is scary. >> ben, let me finish. go back to when we -- when f.d.r. put social security in. the republicans criticized it and they had to have i.r.s. agents to do payroll tax. it took 50% of our elderly out of poverty. of course, there will be overhead. we'll save trillions. what business that only looked at overhead and didn't look at return on investment -- >> the i.r.s. said it's the most and biggest change they've seen to the tax code in over 20 years and it will cost us hundreds of millions of dollars.

let me finish here. you have a nanny state with a president that wants his hand in everything from tanning beds and is willing to spend millions to go after tanning salons and wants a code that women can breast-feed. it will cost us millions he said it wouldn't cost. last i checked, it's called lying. megyn: why should we pay $120 million to add i.r.s. agents to pay for a law that the vast majority of americans want repealed? >> i will tell you exactly why. because the vast majority of americans will save a lot of money. a new report is out that the average money will save $3,500 and over two years, $6 million. there will be implementation, but people are getting healthcare and not paying for it. >> no, they're not.

megyn: here's the thing, the i.r.s. agents will be very busy, but very tan. that's how you'll know. >> amen to that. megyn: i have to go. ben, nancy, good debate, thank you. >> thanks. >> thank you. megyn: we're tracking breaking news on the shooting of two immigration and customs agents in mexico. the coast guard is finding that the drug dealers coming into u.s. waters are coming in with these. we're live on the hunt for narcotics in 5 minutes. you may think you know the story, a boy's rise from drug abuse and violence to nfl stardom. the real story of the man that lived "the blindside." >> i would give you the guest bedroom, but it's full of sample boxes. the sectional in the family room flies apart when you sleep on it. at least that's what sean says.

>> mr. tuoey sleeps on the couch? sdmroenl when he's bad. the powder room is there. we'll be upstairs if you need us. sleep tight, honey. [ 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. blood tests will check for kidney problems. you may need a lower dose of onglyza if your kidneys are not working well or if you take certain medicines. [ male announcer ] ask your doctor about adding onglyza. extra help. extra control. you may be eligible to pay $10 a month with the onglyza value card program. enough plastic water bottles to stretch around the earth over 190 times.

each brita filter can take up to 300 of those bottles out of the equation. megyn: we are getting brand-new video of what appears to be a mexican military truck entering the united states. take a look. you can see the truck packed with armed men crossing into the u.s. the incident talking place at an international boundary between texas and mexico. it makes a u-turn before reaching the line of cars. a local police officer in texas confirms it was a military truck, but no word yet on why it was attempting to cross over the border. >> come on. do you remember when we first met and we went to that horrible part of time to buy you the dreadful clothes and is with a little scared and you told me not to worry about it because you had my back. do you remember that?

>> yes, ma'am. >> this team is your family, michael. you have to protect them from those guys. okay? tony here's your quarterback, all right? you protect his blindside. when you look at him, you think of me, how you have my back, how you have his, okay? megyn: that was a clip from "the blindside," hollywood's take on the real-life story of nfl star michael oher, a man with incredible potential taken in by a family with incredible heart. his story was told by the toueys. michael oher has never spoken about it in detail until now. his memoir "i beat the odds" is out now. michael, thank you. pleasure to meet you. we love the movie.

we love this story. that is one piece of the movie you didn't much like. >> yeah. i didn't have problems with it. and i grew up and i prided myself in sports. it's all i had growing up. so to show that that's the way i learned football, it did sting a little bit, but the movie sent out a positive message and inspired a ton of people. so that's the only thing that we wanted and i was happy for it. megyn: good old hollywood. they have to take some liberties, even with a story like yours. they need to massage it at least a little bit. i know you are incredibly grateful to the toueys, but you wrote this memoir so people could hear your perspective because you wanted to encourage kids who have a hard knock life, as you did, being bounced foster home to foster home and a mother addicted to crack

cocaine, to believe that they, too, even if they don't have a couple like the toueys can change their lives. >> yeah. i didn't write this book to correct things in "the blindside" or tell people it's not true or this is what's true. when they came to me about doing this book a long time ago when they came to me for interviews about "the blindside," i'm a football player first, but i started getting thousands of letters from people from all over the world telling me how i inspired them and how much of a role model i was. they were in my shoes. i was in their shoes. and they changed their lives. that's really the only reason i wrote this book. megyn: how did you -- yes, you got some help from the toueys and others, but how did you maintain -- you came from a neighborhood that you talk about openly was filled with violence and drugs. how did you maintain your center, your character, and avoid being dragged into that, even before you got help from the outside?

>> you know, i was 7 years old and i was watching the nba finals, bulls against the suns. and watching michael jordan. and he had determination, drive, motivation, to be the best player, best person he could be. and i took a little bit from him and i knew in order for me to get to the nfl, i knew i couldn't be a part of the gangs, the violence, and the drugs. i had to stay away from those. it was hard. i saw these things every day. i stayed away from it and stayed positive and got help on the way and i made it and finally reached my goals. megyn: what is the number one thing you want little kids who are maybe struggling what you want them to know and remember? >> i was in that situation. and the toueys, i love them to

death, i talk to them every day and that's my family, but if they hadn't taken me in, the road would have been so much tougher, but i was going -- i wrote this in the book, i would have succeeded if i had two or three minimum wage jobs. success for me was having a roof over my head and food on my table and decent clothes on my back. that was a bonus. if you want to do it, you can do it. i was in the worst situation there is. megyn: now i'm happy to report what you will not say publicly, but you've signed a five-year contract with baltimore. it has a maximum payout of almost $14 million, almost $8 million guaranteed. good for you. thank you so much, sir. good luck with the book. >> thank you for everything. thank you for having me. go purchase "i beat the odds."

it's a great read. megyn: absolutely. you can check it out on amazon.com and elsewhere. good luck to you, michael. >> thank you. megyn: incredible. police go on a high-speed chase and open fire on the suspect's car. we've seen it before. in this case, they learned that a 3-year-old little boy was in the front seat of the car they were firing upon. before you go judging the cops, you have to see "kelly's court." the star of "malcolm in the middle," finding himself in the middle of a police drama. his girlfriend and the gun, just ahead. ring ring ring ring prsso. hi. we love your weight watchers endorsed soups but my husband looks the way he did 20 years ago. well that's great. you haven't seen him... my other can is nging. progresso.

hey can you tell my wife to relax and enjoy the vi? (announcer) resso. the morning after the big move starts with back pain... and a choice. take advilow... and maybe up to 4 in a day. or, choose eve and 2 pills for a day free of pain. smarmove. ♪

megyn: well, the united states raising new concerns following the discovery of a drug submarine off the coast of colombia headed north. colombian military officials says this vessel is capable of tracking up to seven tons of cocaine. and according to reports, the submarine was ready to go, loaded with drugs and a full crew. adam housley live in l.a. so the united states is paying attention to this why? >> because the cartels are doing anything and everything they can, megyn, to get whatever they can into the u.s. the coast guard now has a brand-new weapon, an amazing ship aimed at stopping the cartels. we got to see it in an exclusive, upclose look. >> in one control, we

interdicted enough cocaine worth almost what it confident for this ship. >> reporter: these cutters are replacing outdated boats 40 years old. ?r these ships can do migrant interdiction, fisheries, security, drugs, and they can change back and forth between them because we have these versatile, adaptable systems. >> reporter: versatility that includes a larger flight deck, improved weapons' systems and more automation, which means a smaller crew. these 24-foot zodiacs can be launched while the boat moves. the advantage of launching on the go can be seen in this infrared video as they run down and capture drug runners off central america, something that wasn't as easy with the vietnam war-era cutters. >> it increases command and control, speed, endurance,

better fuel economy, more environmentally friendly. >> reporter: the coast guard has two national security cutters in service. a third coming this year. these cutters are meant to stop the cartels coming north and they're meant to operate in international waters. you are seeing them in the middle east and they're an extremely important part to our national security around the globe. megyn? megyn: adam housley, thank you. the white house and the g.o.p. on a collision course over the budget. we're seeing signs today that we could, indeed, see what many thought was impossible -- a government shutdown before this is through. check out what the chopper spotted off the coast of florida. yes, sharks, hundreds of them, swarming for dinner. back with that 3 minutes away. nf]fídn/xçyyxññw8woññó [ male announcer ] if you've been to the hospital

with heart-related chest pain or a heart attack known as acs, you may not wanto face the fact that you're at greater risk of a heart attack or stroke. plavix helps protect people with acs against heart attack or stroke: people like you. it's one of the most researched prescription medicines. goes beyond what they do alone by helping to keep blood plelets from sticking

and forming dangerous clots. plavix. protection against heart attack or stroke in people with acs. [ female announcer ] plavix is not for everyone. certain genetic factors and some medicines such as prilosec reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use getic tests to determine treatment. don't stop taking plavix without talking to your doctor as your risk of heart attack or stroke may increase. people with stomach ulcers or conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines, including aspirin, may increase bleeding risk, which can potentially be life threatening, so tell your doctor when planning surgery. tell your doctor all medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a re but potentially life-threatening condition, reported sometimes less than two weeks after starting plavix. megyn: this is a fox news alert bracing for what could be a

complete government shutdown. a brand-new hour of "america live." welcome, i megyn kelly. president obama threatened to veto the republican plan for a budget. there are concerns they will not cooperate with the white house. if they don't, they will run out of money march 4. they said this would not happen and we would not be looking at a government shutdown like we saw under president clinton which did not farewel not fare well fr republicans. >> it's certainly a possibility. you heard the president yesterday talk about people not getting their social security checks. veterans not getting veterans

payments. on the other hand you have the folks in the tea party caucus, the more fiscally conservative members of the republican house who say, even $100 million isn't satisfying and cuts to the current spending levels beyond what president obama wants. this is shaping up as an impasse. so far nobody has found a way to cut through it. megyn: haven't they been arguing about this for months? and now it's like can we just agree for this small amount of time of and this small amount of money, and the answer on both sides is we can't agree. is there any room for compromise? >> there is room for compromise, that's where we'll be looking at u.s. senate. you had a president from the liberal side and a house from the conservative side of things, and the senate which is more evenly divided.

basically they will have to hash this out and say we'll meet you this far on cuts, but we won't go any further. you mention the 95 shutdown with clinton and newt gingrich. this situation is different because democrats last year never passed any budget at all. they punt:ed on that entirely because they were focused on the president's healthcare law. megyn: they had the omnibus bill, and they passed this resolution to get it through to march. so they had all the time in the world to couple a solution and they still haven't. >> and never did. if the president wants the government shut down he can have one. but i doubt he's interested in that. he will be faced with a continuing resolution that spend considerably less than what he wants. maybe $50 billion less than what he wants for the remainder of the year.

he's probably going to have to squall owe it, sign it into law and move onto the fight over next year's budget. this only 7 months. this is to get us to the end of the government's fiscal year. i doubt president obama will want to be in a position where he's precip pay thing a government shutdown. megyn: it's like the corn tortillas you get before you get the enchilada. the last time the government closed up shock. federal offices went dark for 21 days. law enforcement training and recruitment went to a standstill. the hiring of border patrol agents delayed. nearly all services for veterans were put on hold including healthcare and travel assistance it's reportedly the longest should down in american history. the impact could be different

this time around. but that's a taste of what could happen and why it was so poorly received by the public the last time there was a showdown like this. a fox news alert on a shakeup in the middle east. two iranian warships plan to go through the suez canal. they plan to go to syria. israel calling that report a provocation. the white house says it is aware of iran's plans. in just a couple -- the last couple hours we have seen the prices of oil and gas jumping up based on the reports out of the middle east. besides the situation with israel and iran, the other thing attracting our attention in the middle east today are the spreading protests in bahrain. thousands of demonstrators

taking to the streets demanding sweeping political reform from the country's sunni monarchy. security forces pulling back after earlier crashes left two people dead and dozens of others injured. bahrain is home to the u.s. navy's 6th fleet and a linchpin to our forces in the gulf. in libya the government is trying to quell the unrest by offering big pay raises to government employees. they say they will release islamic militants who oppose gadhafi. we are waiting for a reaction from the state department on the first killing of ain't s. officer in mexico in 25 years. jaime zapata was killed when he

was on assignment to the attache in mexico city. a gunman opened fire on today a th -- onzapata and his unidentid partner. it seeps the killers knew exactly who they had in their cross-hairs. al, thank you so much for being here. i'm struggling with a cold. the tears and the whole bit. but let me start with this. this is a disturbing story, not just for this brave agent's family and the family of the agent who was injured. but for america. because it's very, very unusual for an agent of ours to get targeted down in mexico. more and more they are suggesting that's what may have happened. your thoughts? >> i want to state now that you

said that it is not known at this time he was targeted. that's what the mexican government is going to try to determine with the assistance of the united states with the fbi and i.c.e. office. to determine were they targeted because they are agents? that is not determined at this time. all the reports that i have, it's still undetermined. but every thorough investigation will be done to try to make a determination and to bring those responsible, regardless of why they were targeted to, to justice. megyn: you are the deputy director of ice * up until december, until six weeks ago. you are a man in a position to understand these issues. how do you have two american i.c.e. officers going through northern mexico in a an suv.

basically whoever did it shot up the suv killing one agent, injuring the other. the question is whether there would have been any doubt in the killers' mind these were american i.c.e. agents inside since apparently we do identify our vehicles by license plate and otherwise. >> these were agents assigned to the monterrey office. one of the agents permanently assigned to the attache. it's part of i.c.e.'s efforts to work with our mexican counterparts in addressing the violence and other areas. we have a big organization. we are all over the world. but or focus in mexico is to help mexico combat the organized crime groups through training and assistance in passing intelligence. these agents were going from mexico city to monterrey, traveling the highway when this incident took place in the state

of san luis potosi. there have been incidents other vehicles that have run into difficulty there as well. they were in a vehicle with diplomatic plates when they were attacked. i think we just need to make sure we do -- that the mexicans conduct a thorough investigation with all our resources that the host asks us to bring to bear to determine why this happened. meg require understand that that is going to be a big task and homeland security secretary made it clear we are going to devote our full resources some tracking count cowards behind this attack. i just want to let you know we are getting breaking news. the other i.c.e. agent has been identified, his name is victor avila. he is said to be okay in stable

condition. let me ask you this. you start killing u.s. officials down in mexico. we are trying to help calderon in this drug war that he has bravely taken on that led to the death of tens of thousands. we go down there, our i.c.e. agents at risk, they go down there to try to help, and you take out an i.c.e. agent and injure another and you have seriously turned up the heat now, have you not? >> you are stating it correctly. these agents are brave, dedicated agents that became federal agents in the first place to dedicate themselves to service to their country and assist our neighbor here. and that again -- that sacrifice i don't want it to be lost that agent zapata, a true patriot gave his life in the cause of justice trying to help mexico

bring a rule of law to that country. president calderon should be commended. at the start of his admin expiration in 2006 he said he would take on these car tells and break the impugnity they had. he opened the door for assistance from the united states. megyn: i'm going to get to that. if there has been an escalation, if they have specifically targeted i.c.e. agents is that not a significant escalation by these mexican car tells and is the department of homeland security and i.c.e. in your experience about to take this extremely seriously, not suggesting they weren't before, but about to respond to ernest that we have had -- respond in earnest that we have had an agent killed. >> we'll respond -- this tragedy took place in mexico. mexico will have the lead.

it's their jurisdiction. we'll bring our resources to bear with them to bring those responsible to justice. identify them, have them arrested and brought to the courts. but it's too early to determine -- we have to do an investigation of why they were targeted. why did this happen? we certainly hope it wasn't because they were identified as i.c.e. agents. megyn: there were some reports they may have been after the jeep because those times of suvs are popular with the drug cartels. but who knows. thank you for joining us. we appreciate it. she is becoming a legend on the worldwide web. a high school teacher brutally honest in blog postings that were anonymous. she was talking about her back talking students. not making the grade with her boss. she has been outed. she has been suspended. and we'll have both sides of the classic classroom battle.

acrosser to ricky nunez is in the middle of a real-life police drama. police using potentially lethal force to stop a high-speed chase. but because of the 3-year-old in the passenger seat of the speeding car they find themselves in "kelly's court." >> he ran into the ditch, came back and almost hit the trooper. that's when the troopers fired rounds into the white nissan. and that's where it came to a stop. >> they couldn't look over in the front passenger seat and see a 3-year-old in a booster seat? ♪

eggland's best eggs. the best in nutrition... just got better. even better nutrition -- high in vitamins d, e, and b12. a good source of vitamin a and b2. plus omega 3's. and, 25% less saturated fat than ordinary eggs. but there's one important ingredient that hasn't changed: better taste. better taste. better taste. yum! [ female announcer ] eggland's best. better taste -- and now even better nutrition -- make the better egg. that's not how successful investing is done. at e-trade it's harnessing some of the most powerful yet easy to use trading tools on the planet to help diversify, identify opportunities, take action. it's using professional grade research and your brain to seek maximum returns to reach your goals. it's investing with intelligence

and cold hard conviction. you made the money. you should have everything you need to invest it. e-trade. investing unleashed. megyn: breaking news out of west virginia. one u.s. marshal is dead today, two wound in a shootout as they tried to serve a warrant. a marshal service spokesman

reports they came under shotgun fire almost immediately after entering the residence. the suspect is also dead. this is incredible. the u.s. marshal killed. you have got a border protection guy from ice killed. law enforcement trying to do the jobs we need them to do. it's just a reminder of how much they have rise to be protect all of us. one of the surviving marshals from west virginia is being treated at a nearby hospital. the other man was treated and released. some real-life drama for actor franky nunez. he rows to fame playing malcolm in the middle. trace gallagher has more live from our west coast newsroom. >> reporter: this apparently began after he and his girlfriend began argue about prior relationships.

authorities say he punched her in the back of the head. sheshot those was suicidal. she called one of his band mates and they took him to the hospital. he says his girlfriend began screaming after he fell and hit his head. that's the reason he went to the hospital. he says he pulled out a gun bit of was still inside the case. and it wasn't really loaded. but arizona republic reports that the cops in phoenix say the gun was in fact loaded. the question now is did franky and his girl friend make up? you decide. franky apparently sent out this tweet, a valentine's tweet that says, the table all set for valentine's day dish. i love -- apparently the girlfriend. the tweet was sent out at 6:00 in the morning february 15. kind of an odd time for

valentine's dinner. his publicist says franky did not assault the girlfriend and he is not suicidal. for the record. megyn: now he's a man. you watch kids -- it's an eye opener to see stories like that. a possible military showdown shaping up between iran and israel. that didn't take long it's happening in one of the most critical spots in the world. in a few minutes see what's happening with oil and gas prices. this 84-year-old man got lost in the desert for five days without food or water and managed to come out alive. wait until you hear how i have did it. >> i got scared. i got panicky. i don't know if they are they were going to find me or not.

diabetes testing? it's all the same.

nothing changes. then try this. freestyle lite® blood glucose test strip. sure, but it's not gonna-- [beep] wow. yep, that's the patented freestyle zipwik™ design. did it just-- [both] target the blood? yeah, drew it right in. the test starts fast. you need just a third the blood of one touch.® that is different. so freestyle lite test strips make testing... easy? easy. great. call or click-- we'll send you strips and a meter, free. free is good. freestyle lite test strips. call or click today.

free charging station as part of a special program. the idea is to serve the existing electronic car owners while making prospective drivers comfortable with the energy. the experiment is coming at a cost of millions to the taxpayers when we are suffering record deficits. there is a question about whether government has any role in promoting a particular industry like this. guess what john stossel thinks? he's the anchor of "stossel" on the fox business network. he has a show coming up tonight that deals with this sort of thing in general. >> they don't have a role. and my show is tomorrow night.

we are talking about the future. president obama knows what the future is it's electric cars. he's not going to have us all wearing these things. people predict the future. that's why we have a free market. when you want to predict the future you invest your own money. then if you are wrong you lose your own money, not ours. megyn: he says the administration believes this green energy, having hybrids and electrontronnic cars will help clean up the environment. if they can show us how well the technology works by investing taxpayer dollars we'll all be better off. >> that's the theory but they have a lousy track record. that's what jimmy carter said. we'll make synthetic fuel. he blew $8 millio $18 million or

money on that one. megyn: it gets us off of coal. >> so what? megyn: foreign oil has been a problem. terrorists have a lot of money in oil. >> they are going to sell that oil to somebody anyway. our switching at huge costs to electric cars won't make any difference. does government have to put in the first gasoline pull muchs? megyn: why can't we at least jumpstart the market? we don't even know when want it. most of us -- we won't even consider the plug-in car because it am not something we have ridden in. >> it's gotten so as much publicity. people who want to be green and have the first thing on the block it would happen if it were a good idea. there is no lone they can't do it. they are going to do it and they will rip us off. but they keep doing it and we can't afford it because we are going broke. here is the new budget.

it's going to have cuts. it turns out they are tiny little cuts when we are heading off the cliff. that's wrong. megyn: yet the administration says we need to continue to make investments, and this alliance of automobile manufactures says the administration support within i.e., our taxpayer dollars are critical to getting these electronic cars on the road. >> gives an alternative to the mainstream media. give fuss government support. the ethanol industry gets. it has its own scam. it's not green. now they want government to pay for special ethanol pull muchs. it goes on and on. we are going broke. megyn: once you start giving it, it's hard to take it away. we have mohair subject mohair s.

there is a constituency that lives for it and the rest of us have lives. megyn: tomorrow night on your show you will be wearing this. why? >> just to talk about predictions for the future. and my future which does not involve this. a libertarian future where all life is good. where you have choices where government is small. megyn: you love ron paul. >> i like him. megyn: i heard you defending him on o'reilly. megyn: don't forget. tomorrow night thursday at 9:00 p.m. and again at midnight. he's accused of leading police on a high-speed chase and trying to ram them at a roadblock. but because of the person in the passenger's seat lands them in

today's "kelly's court." a teacher was anonymous, she didn't name the school or the students, she is in big trouble with her bosses. both sides of the classroom controversy. stay tuned to find out the answer next. >> it's hard to know you sat in her class for an hour and a half every day and she felt that way. >> she should be fired. hopefully that's what will happen. nf]fídn/xçyyxññw8woññó where to go for a quiet get away.

[ male announcer ] thanks to therbitz matrix display, you can make more knowledgeable decisions when bookg vacation packages. excuse me... shhh. but... shhhhh. too quiet. [ malennouncer ] ...youmany flight options, hotel options... [ dj ] let's take this up a notch! too loud! did someone say louder? [ male announcer ] ...and what you can expect to save wh you book themogether. everything you ed to know in onclick. perfect. [ male announcer ] when you orbitz, you know.

enough plastic water bottles to stretch around the earth over 190 times. each brita filter can take up to 300 of those bottles out of the equation.

megyn: oil and gas prices. as tensions run especially high in the middle east. iranian warships are steaming towards suez canal head for the mediterranean sea off the coast of israel. something israel has called a direct provocation. eric bolling has been watching the response on the oil and gas market and it's not good. >> reporter: gasoline especially sensitive. 7 cents a gallon higher on the wholesale level. crude oil trading in the middle east, the one that spiked during the egyptian protests is spiking again today making it a 29-month high at $104 a barrel.

the barrels here are trading at $85 a barrel. the pressure on middle eastern crude will raise the price of oil and gasoline. in the middle of winter it's the heating oil we heat our homes with. megyn: eric bolling is the host of follow the money * on the fox business network. have you heard this one? a teacher has taken on folk hero status for being rather blunt when it comes to describing her students. a high school teacher posting the remarks anonymously. she did not say what school she was with. she did not use her full name. she did not name the children. but she did blog, describe something of her students by saying they are rude, disengaged, lazy whiners. they curse, discuss drugs, talk back, they fancy themselves

entitled to whatever they desire and are just generally annoying. her identity did get out and the story went viral. natalie got suspend but she is not backing down. >> i stand by what i said and i don't regret it because it' the truth. people need to take a look at what's happening in this district and any district. i entered the blog and rant like on a diary and be done with it. megyn: she may have become an overnight internet sensation but her bosses are not fans of her work. and her lawyer suspects natalie is about to get canned. the director of the "the cartel" which takes a critical look at america's school. and the ceo of a college admissions essay writing

service. this is so interesting to me. because she didn't -- she kept it anonymous. her lawyer is coming out saying she has the right to free speech. you don't check that just because you become a teacher. she didn't name anybody. she didn't even name herself. how can she be fired for this. >> it's a sad barometer and the state of american education. no one disagrees if this teacher had been a bad teacher she would still be working. it's only the fact that she entered a blog column which mentions no name of the school, no kids, and also a lot of the press coverage left out possible tough things she said about other students in other blog posts. this was things she wish she could say to parents. megyn: the students in her class are outraged. here is one of them. listen to this. >> it's hard to know you sat in her class an hour and a half every day phone her to feel that

way it's an awful feeling. megyn: at the risk of inciting people over this, her response would be, too bad. if you were one of the good ones you wouldn't be thinking i was talking but when you read that blog post. >> there is more rude and lazy than blogging about student rather than being constructive about the problem. i don't think her approach was constructive. if she wanted to make some change she would have. i think they were right to suspend her with or without pay. she is almost like a kid herself. she those a tantrum on this blog. the on difference is she is not being suspend from school, she is being suspend from work. >> i'm not so sure it's a tantrum. there is a reality in public schools that a lot of kids don't behave. a lot of them don't do their homework. they don't do what they are supposed to and it's true many times parents are parts of this

equation. to say teachers shouldn't vent what is obviously the truth in so many classrooms. megyn: what was she actually doing to soft problem. but doesn't bob have a point that isn't she allowed to complain about it anonymously? >> no, she is not. there are certain jobs you take that come with a sense of responsibility. you can be a politician and complain about your constituents because you will be resigning the next day. it's the same thing with teaching. imagine if i were employed by a jewish magazine and i wanted to vent on my blog about how jewish people are x, y, and z. would you call for my resignation? megyn: we saw a blog post under harry r. the people in my state are a bunch of gamblers how can't stand. we would figure out how it was and then there would be accountability. >> it would be his first

amendment right to do that and voters can vote him out. that's fine. but part of the problem is tenure-based education system where virtually no teachers can be fired. it's the starting point where we are at. i think that's the problem. megyn: she isn't complaining about the other teachers. how would you feel if this were the teacher of your child talk about how their disobedient, is respectful oafs. lazy loafers. >> if i'm in a conference the boss comes out and says somebody is coming late every day and they better stop it. if it's me i'll know that. if it's not me, i'll know that, too. megyn: she says i said a lot of positive things about students, too. >> it doesn't really matter. anybody who has a child or who has a niece or who has been

around children and has a genuine love for them understand when the child is born the child is born with magic. that's what teaching is about. that's what learning is about it's about sustaining the magic. megyn: i think we should leave it at that. isn't that something we can all agree with? that was a good debate. thank you both. the wild police chase with bullets flying. the driver speeding through two counties. even trying, the officers say, to ram into them at a roadblock. that's when the police opened fire. but they opened fire on a vehicle that had this little 3-year-old sitting right there in the front seat on the passenger side. that lands them all in "kelly's court" after this break. >> why did they have to use such deadly force. not one gunshot, but several.

>> any time someone's life is threatened, they can't ice deadly force. hey, did you ever finish last month's invoices?

sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation at the sushi plce around the corner. well, in that case, i better get bk to these invoices... whh i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's

better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business. you know, when i got him on e-trade he was all like "oh no, i cannot do investing." that's actually a perfect enzo. but after a couple educational videos, and a little hand holding from customer support... next thing you know he's got a stunning portfolio. now he's planning to retire in tuscany. we're both pretty emotional about it. shhhh,

don't say a word. you're welcome. [ male announcer ] e-trade. investing unleashed. megyn: "kelly's court" is back in session. a hail of bullets in a high-speed chase with a 3-year-old child riding shotgun. this was the scene monday in dallas after police tried to stop a speeding driver. he led police through two counties and a dozen close calls. steven katz then allegedly tried to ram officers at a roadblock. so they opened fire hitting him at least twice. little did they know that a 3-year-old was sitting next to his father in the passenger seat. and he got grades by gun -- he got grazed by gunfire.

our panel, jonna spilbor and mercedes colwin. the family of this guy came out and said we don't excuse his behavior for one minute. he was in the wrong. but so were the police. how could they not see this child who inappropriately was on the front passenger seat right across from the police shooting at the vehicle. >> i'm with t family on this one. the kid was not in the trunk. the cops did have an opportunity to see at least another passenger. whether they could discern was a child i don't know. here is the problem i have. invariably these high-speed chases result in a tipping point. when do the cops go from protecting and serving the public to endangering the innocents. the police are liable.

they shot a child. megyn: the police department said the decision of when to abandon a pursuit can only be made by the officer involved. but if he believes his life this danger he's entitled to use deadly force. these police officers say that's what they believed. this guy was going 100 miles an hour. >> the close call is why they start shooting at that particular vehicle because that became a dangerous instrumentality. that car was likened to a gun. that car going at 100 miles an hour. that driver is going directly toward those treerps then veers off. that's the reason why those police officers said we have to stop this car. we have to stop this driver. megyn: they tried the strips and they didn't work. let me ask you this. the cops didn't know there was a 3-year-old boy in the car, they say. the dispatcher just got notified

before the shots were fired. they tried to tell the police on the scene, but the helicopters overhead, the cops couldn't hear. so they fired. if they knew or should have known, if there was negligence in not communicating that to the cops, are they protectionly liable? >> that's an excellent point. that's where the cops have to say if we start shooting even though that car is dangerous. even though that drivers pointing that car in our direction and may inflict harm upon us, we have a 3-year-old, we have to protect that 3-year-old. but there is no evidence of that. megyn: if that winds up in litigation that will get argued. they will challenge these police officers' account that the police were about to be run down. they will say that's cover. they are saying that to cover themselves up. the father got shot twice. he's in the hospital. the child is okay. but look at the injuries. he was grazed they say by a

bullet. look at the injuries that this 3-year-old suffered. it could have been a lot worse. but let me ask you, if they can prove -- if the family of the 3-year-old can prove that the cops knew or should have known this child was in the front seat might they have a case for excessive force? >> i think they have a case anyway. they will have a better case if they can show the police knew or should have known. we cannot sacrifice 3-year-old children when we are in hot pursuit. megyn: what if they say they believed their lives were in danger. >> it means they will have to sacrifice their own if it means not injuring a 3-year-old child. >> that's not protocol. if that car became potentially lethal to the cops. >> we shouldn't ever have to say how many indent-year-olds do we have to lose before we change

the policy. >> where does this stop? shouldn't it be this driver? shouldn't it be the father. officials are trying to protect us. put their lives on the line. >> the family is complaining they shot 20 rounds. the family said did you have to fire 20 round into a car where a 3-year-old was sitting in the passenger seat? >> it's the heat of the moment. especially if these are glock pistols. slight pressure on the trigger, lots of bullets come out of that gun. megyn: the father has been charged with endangering the welfare of the child and will face justice. thank you, good debate. one final word for our viewers. the police did not know this child was onboard. what they knew was a man was driving 100 miles an hour and he allegedly turned the car on him.

under the law, this justifies deadly force. it is this father who is to blame for the child's injuries and the father should be promptly relieved of his care-giving responsibilities permanently. coming up next. an 84-year-old man drives his car into a ditch. he's stuck for five days in the arizona desert. no food, no clean water. just his instinct for survival and his instincts were amazing. that's next. everyone has someone to go heart healthy for. who's your someone? campbell's healthy request can help. low cholesterol, zero grams trans fat, and a healthy level of sodium. it's amazing what soup can do. 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. hey tough guy, that cold needs alka-seltzer plus! it has the cold-fighting power of an effervescent packed in aiquid-gel for all over relief! hiyah! dude!

megyn: an amazing story out of arizona.

an 84-year-old man lost in the desert for nearly a week with no food or water. how did he survive until the rescuers found him? >> i was praying, that all. >> reporter: he prayed and read his car manual cover to cover while strand in the desert for five days. he said his mishap took a bad turn after eating at his favorite restaurant. >> i turned around and the car went in the ditch. my phone went dead and i went dead. >> reporter: he can't walk without a cane. he had no water. he had leftover pasta from harold's but he didn't eat it because it made him thirsty. eventually he got desperate. >> i broke the top off with a

rock and sucked some water out of there. was i scared in sometimes at nighttime i got scared. i got panicky. i didn't know if they were going to find me or not. i can't walk so i had to stay there. i tried walk away and i fell down. >> reporter: he had just about given up. >> after the fifth day i thought this is it. >> reporter: a group of campers spotted him just in time and called for help. >> pray for him. the kept me alive. megyn: our thanks to our affiliate for that report. check out this scene. sharks, hundreds of them. one of our viewers say it's a lawyers' convention. we are back with what it really is 3 minutes away. [ male announs root cause is high uric acid. ♪

if you have gout, high uric acid can lead to more attacks. ♪ to help reduce attacks, lower your uric acid. uloric lowers uric acid levels in adus with gout. it's not for the treatment of high uric acid without a history of gout. uloric reduces uric acid to help you reach a healthy level. [ female announcer ] don't take uloric if you are taking azathioprine, mercaptopurine, or theophylline. gout may flare when starting uloric. don't stop taking it. your doctor may give you other medicines to help prevent flares. a small number of heart attacks, strokes, and heart-related deaths were seen in studies. it's not certain uloric caused them. certain testto check liver function may be required. tell your doctor about liver or kidney problems, or history of heart disease or stroke. the most common side effects are liver problems, nausea, gout flares, joint pain, and rash. [ male announcer ] if you have gout, ask youroctor about uloric.

the unlikely birthplace of a fundamental idea. it's where ethel percy andrus found a reted teacher living because she could afford nothing else. ethel couldn't ignore the clear need for health and financial security. and it inspired her to found aarp. for over 50 years, we've continued that work, to help all americans pursue their best life. discover more of what we do, for every generation at aarp.org. test. [ 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. blood tests will check for kidney problems. you may need a lower dose of onglyza if your kidneys are not working well or if you take certain medicines. [ male announcer ] ask your doctor about adding onglyza. extra help. extra control. you may be eligible to pay $10 a month with the onglyza value card program.

>>megyn: outraged slapping a multimillion dollar lawsuit on a tabloid and a lady of the night over claims of wild sex and three-somes. >> what a difference a month makes. a judge dismissing david beckham's lawsuit against the magazine, the married soccer players disputing allegations he patronized a high-priced prostitute and engaged in group sex and accused the publisher of lying and slander and the magazine articled they did extensive research and reported what it believed to be true. a u.s. judge siding with the magazine saying the story was a public interest and the writers did not act with malice back to the point we say which is it is the verseally impossible to sue for defamation if you are public figure. >> sharks swarming off the coast of florida off