welcome to "america live," it's post primary day. i'm megyn kelly. the g.o.p. candidates setting their sights on south carolina today as they crisscross the state in order to meet with voters and shore up support with just ten days to go until that state's primary. mitt romney picking up a second win in new hampshire last night. he received 39% of the vote in that state's primary. ron paul came in second, jon huntsman rounded out the top three. the former massachusetts governor winning big support from voters who said the economy was their number one concern. what does that mean for mitt romney going forward. larry sabato is director for the center of politics at the university of virginia. they wanted somebody who could fix the economy and they wanted somebody who they thought could beat barack obama, larry, what does it tell us? >> it tells us that mitt romney is in a very good position to be the republican nominee, which should be obvious to everybody at this point, megyn. megyn: they say that, you know,

as far as the delegate allocation goes, well it's really not decisive. and south carolina will be. is that true? santorum, gingrich, other folks down in the bottom tier of the polls are saying, hold on. >> well if you want to wait for the delegate allocations that will be a. it will be april before anyone can accumulate a majority in all likelihood. that is not the way the system works. whether it's good or bad it's not the way it works. the way it works is candidates stay in until they have to get out because they run out of money. if mitt romney wins that third contest in a row in south carolina, most of those other candidates are going to run out of money, and they will see that their pathway to the nomination has disappeared. megyn: just give us the overall assessment of romney's campaign right now, because he won a very slim margin of victory in iowa, which is much more socially conservative.

he won a large margin in new hampshire, which is fiscally conservative. does that suggest the coalescing of the republican base around him or not? our panel last night was suggesting huh-uh. >> it's a gradual coalescing. there is no question that there is significant opposition to mitt romney being the tphopl tphaoefplt as i looked at thnom. as i looked at the exit poll information, it showed romney was cleaning up with higher income voters. there are not a whole lot of primaries like new hampshire where you have loads of independents and even a few democrats coming in. most of these primaries are strong party identifiers, exactly the profile he has been showing in the first two contests. megyn: when he moves onto south carolina and the others move with him. you have candidates like perry,

gingrich, santorum, saying that is going to be our state, that state is more socially conservative. we are going to appeal to 60% of voters there who identify as evangelical voters. it didn't work fought or rick santorum in iowa. could he be looking at a fifth or 6th place victory? >> yes. if you look at the first six or seven contests, which contests would give rom neat most trouble, which might be the one that turns out to be the bump in the road for romney, the way most nominees have a bump in the road i'd pick south carolina. romney still needs luck, and the luck he needs to south carolina is to keep all three of the conservative candidates, santorum, gingrich, in the

race. if one emerges as evangelical leaders in south carolina, lay on the hands-on one of those sand dates and says, he's our guy, then romney might be in trouble in south carolina. megyn: thank you so much, sir. fresh off scoring back-to-back wins in new hampshire and iowa mitt romney is taking direct aim at the current occupant of the white house. here is he after his win in the granite state blasting president obama for his handling of the economy. >> this president wakes up every morning, looks out across america and is proud to announce it could be worse. [laughter] >> it could be worse? that is not what it means to be an american, it could be worse, of course not. [cheering] [applause] >> what defines us as americans is our unwaivering conviction that would he know it must be better ain't will be better. [applause] megyn:ed henry on how the white house is responding to that.

hey,ed. >> reporter: good to see you, megyn. the white house is responding in a way by having the president do this event that is going on right now behind me, about the economy, about jobs, something the white house calls inc insourcing where americans who shipped jobs overseas change their minds and decide to bring jobs back to america. they say this is in part aimed at mitt romney because of the outsourcing that went on at bain capital when he was in charge. take a listen to the president. he did not directly address mitt romney but he addressed this issue a moment ago, take a listen. >> you've heard of outsourcing? these companies are insourcing. these companies are choosing to invest with the one country with the most productive workers. the best universities and the most creative and innovative entrepreneurs in the world and that is the united states of america. >> reporter: the white house says in the coming weeks in the

state of the union we'll hear more tax incentives. the president melee that out to bring more jobs back to america. the bottom line is mitt romney has been out there, as you noted, basically saying that when the president is all about is class warfare. take a listen to mitt romney the republican frontrunner. >> president obama wants to put free enterprise on trial. in the last few days we've seen some desperate republicans join forces with them. [booing ] >> this is such a mistake for our party and for our nation. the country already has a leader to divides us with the bitter politics of envy. >> reporter: very interesting because former speaker newt gingrich was in south carolina this morning, basically saying he's not going to stop his attacks about mitt romney and bain capital because in the words of newt gingrich he believes that while capitalism is great there needs to be a fair opportunity for all. where have we heard that before, that kind of rhetoric? that's what the president has been taking about, fair

opportunity, fair share for the middle class. as newt gingrich, rick perry and others continue to blast mitt romney that is only feeding into the argument the president is making right now which is why the romney camp is very upset with some of his rivals right now. megyn: i asked newt gingrich, i said that message looks like one out of the dnc. he said it's a populous message an is satisfied with it. there is new fallout over president obama's recent description of those folks donating to his campaign, the president taking a page out of a history book, to portray his financial supporters as modern day minute-men. >> you ordinary citizens committed to fighting and pushing, inching this country forward, bit by bit until we get closer to our highest ideals. that's how this country was built.

that's how we freed ourselves from an empire. megyn: is that a fair comparison? a fair & balanced debate just ahead. they have been convicted of burglary, rape, and in some cases even murder, and now thanks to a pardon from mississippi governor he haley barbour a big group of serious felons are off the hook and families of 200 victims are outraged. gregreg is tracking this live. >> reporter: a couple hundred people getter lee pardon, including 200 killers. among them david gatlin who walked into the trailer of his estranged wife and shot her in the head. her boyfriend was sitting by

her, he survived. >> i think the governor and himself should have to look mow and the family in the eye and say, hey, i'm going to let this guy go. there wasn't any of that, that's a coward's way out. >> reporter: some criminals do get pardons before governors leave office. they say that is a practice that should end. giving somebody like g atlin a pardon, they say they need to make a change. four of the convicted murderers who were pardoned, they actually worked at the governor's mansion as part of a prison trusty program that allows convicts to perform odd jobs around the home based on good behavior. four years ago five other killers were also let go by barbour, and some family members of the victims were not even notified. by the way among the latest pardons, the brother of former

nfl quarterback and brother of brett farve, earnest favre had his record completely cleared in the death of his best friend. megyn: an iranian nuclear scientist killed in a bombing today. teheran is convinced that the united states and its alleys are behind the attack. we'll speak with john bolton about the accusations and how the u.s. is responding. the u.s. supreme court weighing rules on nudity and profanity on television. are standards out of date? a kayaker rescues a dog swimming in the gulf of mexico. wait until you hear the story behind about how he got there. >> you didn't lose a dog did you? he just came swimming up to me right over there.

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megyn: a bomb blast in iran's capital rip through a car that belongs to one of the countries nuclear scientist killing him and another passenger. new suspects on a motorcycle used magnets to attach the device. the iranian government is blaming israel and the united states, saying the bombing is part of a terror campaign targeting iran's nuclear program. that campaign included the reported shooting death, alleged campaign, shooting death of one nuclear researcher last july. also a november 2010 bombing that killed two people, including a nuclear scientist. a january 2010 motorcycle bomb that killed a nuclear physics professor. and a death from radiation exposure. joining me former ambassador to

the u.n., john bolton and a contributfox news contributor. this tells us what is going on with iran in the year 2012 and what is going on it. i want to start smaller whether you believe there is a campaign to takeout nuclear sigh inc scientists in iran or by its alli serbgs. allies. >> certainly some people have come to unlikely ends in the past year or so. it suggests that, this is no coincidence. i would be stunned if it was the bam strays. the question is, what other government is it? >> right, what is the answer to that? >> well, i think it could be israel. i think it could be one of the arab states. i think people don't fully appreciate, really, how much many car rab governments don't

want iran to get nuclear weapons any more than israel was. i would assume if it's not th won't assume if it's not the united states that it's israel. it could be somebody else. megyn: leon panetta came out and said that -- last month he said iran could develop a weapon this year. on sunday he claimed iran is not trying to develop one. israel's military chief staff came out and said this is going to be a critical year on the iranian nuclear front. which is it? is this the critical year? >> reporter: i think secretary panetta went from being pretty much on target to being completely incoherent. i don't know what his view is today. i think he's right, it certainly could be a year, it could well be even less. i think a lot of what's been happening inside iran, these assassinations, explosions at facilities all around iran, the stux virus, a lot of efforts in addition to diplomacy and

sanctions to prevent iran from getting nuclear weapons. i think unforth that the lee they are all going to fail but there is a lot going on. megyn: the obama administration says it's imposed unprecedented sanctions on iran and has urged our allies to do the same. we see tensions increasing as they threaten to shut down strait of hormuz. they street end to block a u.s. aircraft carrier. on and on it goes. it teams like things are getting more tense by the day. what should we be doing. >> i think this is all doomed to failer. the consequence of increasing the sanctions is simply to per said iran too get on with the business of finishing it's nuclear weapon, putting it in the position of north korea which we know exploded new nuclear devices which makes it impossible to believe that we would ever actually attack north

korea because of the fear of nuclear retaliation. i think this is going to be a very, very difficult year, and i think, quite honestly, half measures, like assassinations for sanctions are only going to produce the crisis more quickly. the better way to prevent iran from getting nuclear weapons is to attack its nuclear weapons program directly and break their control over the nuclear fuel cycle. megyn: i know you believe that every day we wait, before we or israel does that, attacks the nuclear weapon site we risk a nuclear response. >> exactly. if we guess wrong on when iran actually has a nuclear weapon's capability the consequence of guessing wrong is they have the capacity to retaliate with nuclear weapons. i just think it's so important to prevent iran from getting nuclear weapons because the problem won't stop with iran. if they get nuclear weapons, saudi arabia, egypt, turkey and perhaps others will as well. megyn: and then you never know who iran might give said weapons

to outside of the iranian regime. >> absolutely. look they don't need a ballistic missile delivery capability, although they are certainly working to achieve that too. iran is the world's biggest international financial supporter of terrorism. they've given weapons to hamas and hezbollah quite regularly and they are fully capable of giving a nuclear device to a terrorist group tow transport it any are in the world. they are not aimed at our military, these are weapons of terrorism, a specialty of the iranian government. megyn: former ambassador to the united nations, john bolton, thank you so much for being here. >> thank you. megyn: mitt romney's corporate experience is coming under attack and we are seeing likely the most vicious attack yet. his past, romney's as a business leader is very much under the microscope now, and the latest shot is coming from a political action committee that supports newt gingrich. here is just a sample. >> mitt romney became ceo of bain capital the day the company

was formed, his mission, to reap massive rew-rdz for himself and his investors. >> mitt romney, them guys they don't care who i am. >> he's for small businesses? no he isn't. he's not. >> he's going on a hit list we know that. megyn: it's an excerpt from a 30-minute film. he's a guy who used to work for romney, his campaign back in 08. now he's taking a different route. he'll be here and the romney camp will then respond. don't miss that in our next hour. the f.b.i. is joining the search now for a montana teacher who disappeared while jogging. police found what could be a major clue, we'll have the very latest. and president obama comparing his young donars to the minute men who helped defeat the british empire, an apt comparison? we'll have a fair & balanced debay. this is an rc robotic claw.

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megyn: more information today in the desperate search for a missing montana woman. investigators are now scaling back their efforts, calling off search parties looking for clues into the disappearance of sheri arnold. the 43-year-old math teacher disappeared during a jog saturday morning. police and the f.b.i. now investigating the possibility of an abduction. the only publicized clue into arnold's disappearance a single running shoe found along her running route near her home. a follow-up now to a story we first reported to you last week. america's unemployment rate may have headed down in recent months but it does not count the

millions of discouraged workers, americans who have been out of work so long they have given up looking for work all together. chief washington correspondent jim angle has the story behind the numbers. >> reporter: it's clear that no issue is more important in this election than jobs, and even though the official unemployment rate has fallen, those in both parties say the job situation is much worse than it looks. >> one of the most recent employment reports we saw the unemployment rate decline but we also saw 50,000 people leave the labor force. that can't be a good news story. >> i don't think we should forget that as bad at unemployment rate has been the actual job situation in the country has been worse than that, because of these ways that they don't get measured. >> reporter: what doesn't get measured, megyn, is those who have lost hope of finding a job, as you mentioned, and quit looking for one, what are known as discouraged workers. official figures do not count them as unemployed.

almost 6 million people are in that group, in fact a huge portion of the total unemployed, some 43%, have been out of work for more than 27 weeks. if officials did count them the latest rate of 8.5% would be much higher. >> that number is really almost double the official unemployment rate. and that's going to give me a much more realistic picture of, you know, the labor market. >> reporter: now, even though economists agree there is a mild improvement in the labor market that holds some risks for president obama. this is where it gets interest tpoerg politics because analysts say he may face rising unemployment rates in the midst of an election year. >> as the economy improves sometimes the unemployment rate can go back up as some of the discouraged workers come out and say, hey if there are jobs i'm going to start looking for work. >> reporter: so just as some of the republican candidates speak too early, megyn, president

obama has to worry whether the unemployment rate, the most widely watched measure of jobs dropped just as the election year arrived but will rise as the voting gets closer. megyn. megyn: thank you. >> reporter: yes, ma'am. megyn: the federal court just slapped down a new effort to curb the use of islamic law to settle legal disputes here in the united states. we'll show you why the court thought this effort crossed the line. health officials are issuing new warnings about orange juice. we'll show you what chemicals have them concerned. and we know candidates can use colorful language to make their point, but what can make president obama comparing his supporters to american colonists who took on the british empire? a fair & balanced debate right after this break. when you have diabetes...

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megyn: a federal court has just slapped down a new effort to khrurb the use of isla islamic law in settling legal disputes in america. oklahoma banned the use of sha lea law. they sa sharia law.

>> reporter: 70% banned using sharia law in courtrooms. the court of appeals says not so fast, that ban is unconstitutional because it discriminates against religions. here is how the state amendment actually reads, quote, the courts shall not look to the legal precepts of other nations or cultures specifically the court shall not consider interest nation until or sharia law. backers of that amendment insist that it was intended to ban all religious laws, and islamic law was merely named as an example, not a specific attack on muslims. but the higher cordis agreed. quote, that argument conflicts with the amendments plain language which mentioned sharia law in two places. not only that, but the court said that backers knew of no cases in which an oklahoma court had ever applied sharia will you or even used any legal precepts of other countries. the plaintiff, a muslim argued that the ban on islamic law

would affect every aspect of his life, as well as the execution of his will love his death, and the court said, look, the first amendment constitutional rights were more important than the wishess of 70% of the voters. megyn. megyn: interesting, gregg, thank you. off we go now to the campaign trail where some political reporters are buzzing about remarks by president obama this week suggesting that his financial supporters are like modern-day minute men, defending the nation. take a listen to what the president said during a campaign fundraising speech in washington this past monday. >> you, ordinary citizens committed to fighting and pushing, inching this country forward, bit by bit until we get closer to our highest ideals. that's how this country was built, that's how we freed

ourselves from an empire. megyn: joining knee now monica crowley radio talk show host and contribute contribute. and dan gerstein, president of gotham ghost writers. he seems to be firing up the troops by saying we've got to knock down an empire, monica fair? >> this is the ultimate vindication of the tea party, the tea party which president obama ignored, knew nothing about it. now he's using the language of the tea party, the founding fathers, the revolutionary spirit of breaking fear from teurpb a knee. the tea party has a real badge of honor here. i will say this is laying it on a bit thick to talk to his campaign donors, many of whom are in the 1%, because they are writing him some pretty big checks here, to compare them to the minute men who really

loosened the shackles of tyranny of the british empire, i think that is hyperbole in the extreme. megyn: is it, dan? is it part of -- you can call it class war wear, inequality. that narrative. is he trying to draw that line, the empire of the rich, and you the minute men trying to overcome. >> i think to a certain degree what he's doing is he's over correcting. in the post bail outer a he didn't pay enough attention to the anger on the right, the center and the left because of the fact our government had been cap tpaourd by special interests and they rigged the economy in their favor. he didn't speak to that anger and it cost him. timothy geithner has been a huge liability to him, the aig bonus scandal, all of these have added up and reinforce people's sin a

sis eupl that washington is in the tank, it doesn't matter whether it's republicans or democrats. the republicans are in total la-hr-rbg a land and not acknowledging the structural problems in our economy. the president is falling back on old dated language that we should raise taxes on the wealthy. the problem is so much bigger than that. he doesn't know how to talk about it. these why it's frustrating to someone like me who is sympathetic to what he wants to do, but he can't tap into the anger out there as to washington. megyn: he went further and he compared their donations to how quote the greatest generation was able to overcome more and decade of war and depression. do the supporters of barack obama this time around actually perhaps feel that they have akin tkreud spiritual connection to those in the world war ii era. >> i don't know, barack obama is

certainly trying to force that, isn't he? remember a couple of weeks ago when newt gingrich was being hammered by negative ads in iowa and he sort of blurted out, this exaggeration that it was like pearl harbor, and everybody roundly mocked that because it was such an exaggeration. it didn't work for newt, it's not going to work here. megyn: rick perry came out and said it's omaha beach. >> if you're a politician, candidate to use that language, it's sort of stupid. if you're the president of the united states and you have an added responsibility to talk realistically not just to your supporters, but to the american people, all of whom you represent, i think this language is really over the top. the president if he really believes in his record, if he believes what he's saying is that his economic policies have been a success, they are on the right track, the country is on the right track he should be able to rally his troops, supporters of his, donors of his, the american people at large without using this type of language. the problem is his record really

isn't that good, it's frankly disastrous, and so now he's stuck with using this kind of exaggerated language that frank lie is going to backfire on him because it looks so absurd. megyn: he went onto say, he did the empire and it's us against them kind of thing. he compared their efforts to those of the 50s and 60s saying you're like the young people who beat back the billy clubs and the dogs and the fire hose toes make sure that race was no longer a barrier to what you can become in this country. is he highlighting a race divide, a class divide. >> i think what is going on and i agree with monica largely, but she left out the republicans are doing it just as bad if not more so. mitt romney is talking about saving the soul of america. democrats are turning into social lists. they are using this rhetoric just as badly as the democrats are doing if not worse. what it is, it's symptomatic of a much larger problem.

neither party is speaking to what most americans are concerned about. they have no answers, all they can do is play to their base and use trumped up rhetoric because they don't have real solutions. they can't speak truth to power. and i think the best evidence of that, gallop came out with a poll that showed 40% of the american people now identify as independents. that is the highest on record since gallop has been asking that question. democrats and republicans are losing market share because they are not speaking to what the american people want out of the government and leadership not just in terms of cooperation and bi-partisan, but telling the truth that we have a big structural problem in our economy and it's not about, racing taxes or lowering taxes it's something much bigger than that. megyn: it's interesting because some folks on the ground in new hampshire that i spoke to were suggesting that that is why they support ron paul because they believe he's a truth-teller. no matter what the policies, they believe he's telling the truth about his positions and how he sees the world, which,

you know, may or may not be true of all politicians. panel, thank you both so much. should the government police the air waves? coming up the u.s. supreme court hearing argument on television indecency. how nudity and profanity could soon be coming to network television. an investigation underway after a near collision at a chicago airport. we'll tell you just how close this came to a major runway disaster. >> okay, there is a plane taking off. you got a phone number to call you? >> yes we do. [ mujahid ] there was a little bit of trepidation,

not quite knowing what the next phase was going to be, you know, because you been, you know, this is what you had been doing. you know, working, working, working, working, working, working. and now you're talking about, well you know, i won't be, and i get the chance to spend more time with my wife and my kids.

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city. it is buried under 18 feet of show. and now they are running out of shovels. the town of cor cordova awaiting a special order from a manufacturer, it's not expected to ae arrive for days. >> we haven't cleaned up from the last fall, so there is a lot more to do. >> usually it snows and rains, and snows, and rains, this winter it's snowed, and snowed, and snowed, and snowed. >> there is a concern that the overhang can give way. we are trying to reduce the snow load on it. megyn: wow. look at this. meantime a russian fuel tanker that was iced in in the bering sea is now finally inching its way toward the alaskan coastline. the ice is sometimes between two and three feet thick. thanks to the help of a special ice breaker it's about one hundred miles off the coast of

nome, wow. a small silver lining to a tough story out of florida. a kayaker out for a day of fishing rescues a wounded dog struggling to swim far from shore. when he tries to get help for the pooch he learns its heart-breaking story. rick folbaum has the story. >> reporter: the wounded dog was saved. it was returned to his family. it's a family mourning the death of a wife and mother, done a chen who was walking with the dog and she was struck and killed by a drunk driver. he was wounded. he jumped into the gulf of mexico. he got about a mile and that's when rory o'connor saw him. this is o'connor in his kai yeah out fishing when he spots the dog. and he notices that barney is shivering and bleeding, and

obviously surprised to see a dog so far out to sea. he says what is a dog doing out here? he positions himself, and then pulls the dog out of the water, here you can see this. he brings the dog onto the kai yeah, completely unaware of exactly how the dog got there, or why. now they are back on land, but as you can see barney is not bulging. look at his legs here. the dog literally shaking. so upset, in shock, actually. o'connor take being the dog to a vet, eventually the story of what had transpired, megyn was pieced together. barney returned to the chen family. police have arrested a 22-year-old florida man who has been charged with the death of done a chen, a mother of three. he is believed to have been drinking with friends on the beach before getting behind the wheel of his car. as for the fisherman, real fast he wrote on youtube, i feel lucky i was there, there was no place for the dog to go. i don't know if he could have made it out any further.

rory o'connor probably considers this the best catch of his life. megyn: why does he have a camera on the kai yeah, i'm just curious. >> reporter: i don't know. i was looking for information on that, maybe if he got a great catch he could capture it. because of that camera we were able to see the rescue. megyn: wow, bittersweet. rick, thank you. >> reporter: sure. megyn: health officials are issuing new warnings about orange juice. we'll show what you chemicals have them concerned, stay with us. ents. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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megyn: the u.s. supreme court is considering a challenge too government rules barring cursing and nudity on the major networks, at least during most hours of the day.

the basic argument is that standards have changed since the 1950s and 60s and broadcasters should not be held to such strict guidelines when cable plays by much more casual rules. during yesterday's hearing before the high court chief justice john roberts says, quote, all the government is asking for is a few channels where you can say, i am not going to hear the f-word or the s-word. fox news channel's parent company news corp. is among the broadcasters challenging the fcc rules. tony perkins is president of the family research council. they want the rules to be enforced. now i'm in an awkward position. i will take the position of my employer and say, what is wrong with loosening the rules for all of the networks when it's already loose, and news corps newscorps and other organizations are arguing that

it's artear re. >> i would as arbitrary. >> we are talking about a standard that goes back to 1978 when the supreme court weighed in on this. we are talking about the public air waves. you and i own this, the american public owns these air waves. we are talking about the hours from 6:00 in the morning until 10:00pm at night. we are saying there ought to be a haeuf haven fo safe-haven for kids. a kaiser family foundation poll a couple of years ago showed that 66% of parents want these tougher regulations. in a more recent u.s. catholic bishop's survey, it showed that 80% of parents are concerned about the content on television. megyn: now the broadcasters argue that's exactly why we should leave it to the free market and you don't need government regulations to insure that the content will stay pg rated because if they start to

go with the f-bomb on mainstream sort of broadcast television, then parents are going to be so outraged that they'll contact the advertisers and contact the broadcasters and say, no, no, no. >> unfortunately parents are not monitoring what their kids are seeing all the time. television has become like a surrogate baby sitter. parents aren't watching over their childrens' shoulders. they want a safe-haven created. you can watch this channel, and this channel but you can't watch this channel, if you catch you watching it you'll be out for a week. we've seen incidents increase rapidly. we've seen it go from a handful of incidents to hundreds of cases of inch descen indecent. megyn: what justice ginsberg

said yesterday is there is an inconsistency in the enforcement. for example the fcc objects to nudity in an nypd blue episode but none in the airing of schindler's list. >> there have been arguments on both sides. some say this is more of telling of news or history as opposed to a novel where you're throwing these things out to add flair or flavor. megyn: they mentioned the nude scene in the musical hair. i mean would that be appropriate for air on broadcast television? >> i don't think it would be. and i don't think parents want it. we did a polling, a nation-wide poll a few years ago on the issue of marriage, on the issue of homosexuality and all these thins going on in our culture. do you know what ran ranked at the top? what is on the public air waves. they certainly don't want big

bird dropping the f bomb while their kids are watching tv. megyn: is that likely to happen? i would say oscar is more likely. >> he's kind of a grouch. megyn: what do you think is going to happen? the lower court side wed th sided with the media. >> those i talked to who were in the court yesterday, the justices were asking some questions that they appeared to be they were on the side of the u.s. government, that is the fcc arguing in favor of the regulations. it's not a don deal but i'm some what optimistic that the court will come down on the side that the fcc has the right to regulate. megyn: one of the justices pointed out there were naked things. >> and they said they hadn't

seen it. a 28-minute film depicting newt gingrich from one of romney's allies republican novel his mission to wreak massive rewards for himself and his investors. >> mitt romney and them guys they don't care who i am. >> you going to be on a hit list, you know that? megyn: a foamer newt gingrich campaign spokesman joins us live. he is connected to this ad, and the romney camp will also be here to respond. think about this. a couple adopts a baby, but two years later that child who has been with them the entire time is yanked away from them and given back to the birth father who had signed over custody initially. that is on the docket in today's "kelly's court."

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and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! megyn: fox news alert. the gop path moving across south carolina with their first big south carolina may be the best opportunity yet for rivals to mitt romney, like rick santorum, and newt gingrich to stop the front runner, mitt romney. many of these candidates asserting they are the true conservatives in this race. >> reporter: we are at the beacon drive-in with newt gingrich is expected to arrive in a few minutes.

it draws a huge lunch crowd even when politicians aren't visiting. but a place for any serious candidate to press the flesh it's a diverse cross-section of the populace and the electorate. while south carolina voters are a different breed from their counterparts in iowa and new hampshire. political science professor robert jeffries says romney's momentum in both of those states can only help him in this state. >> i think there will be momentum. it won't catapult him to a massive victory, but it will be difficult for the other candidates to make up the difference. >> reporter: while the candidates are trying to what voters, jeffries says the voters have a practical side that seeks

electability in the election which often end up favoring moderate candidates in a decidedly conservative state. they have picked the republican nominee every year since 1980. what is the most important issue for south carolina voters? >> jobs number one. and our security overseas. >> reporter: south carolina has a huge population of military personnel, so foreign policy is a subject of pride and concern in this state. megyn: they are also suffering in this jobs crisis. jonathon, thanks so much. $24 million in three months for mitt romney. reporting his fundraising total other last quarter of last year.

he took in $24 million before the ball dropped on new year's eve raising the total to $56 million for 2011. brand-new information on the iran nuclear showdown as we get word of a new bipartisan senate resolution that categorically rules out containment as a strategy for nuclear armed iran but says all other options should be left on the table. this as iran begins uranium enrichment. lindsey graham and others calling on leaders around the world to impose sanctions on the central bank of iran. tehran as we told you last hour claims two guys on motorcycles attached a bomb to the underside of the nuclear scientist's car.

it blew up, killing him. iran blames the united states and israel. but the state department denies any involvement. >> reporter: secretary of state hillary clinton came out today and addressed this situation saying as you mentioned the u.s. categorically denies any involvement and any act of violence inside of iran. this attack from what we are hearing took place on the back of a motorcycle. two people strapped on a magnetic bomb to the car of a uranium professor. a chemistry expert work at a key facility. the professor and his driver were killed. this attack is similar to other killings of iranian scientists over the past year who are involved in iran's nuclear program. we have no concrete proof that

israel was behind this. the u.s. and its allies are of course interested in bringing an end to iran's nuclear program. today the french newspaper is reporting they are recruiting dissidents in the kurdish region to work against the ayatollah. we are entering a critical period when it comes to iran. will there be a showdown? it's up to the international community how they plan on dealing with it, and for now they are trying to deter iran's nuclear program. megyn: new concerns for parents over potentially toxic orange juice. the fda stepping up warnings for fungicide in o.j. dr. marc siegel is a member of

the fox news medical a team. what is the problem. they are not telling us which company found nothing their o.j. that shouldn't have been in their o.j.? >> an environmental group has called it one of the filthy four pesticides in the world. it may have a risk of cancer associated with it. in the united states it's illegal to use it on crops. we don't know if it' seeing into the orange juice because of importation from other countries. so the epa has clamped down on that or whether companies are using it illegally here. the amount we are talking about is very, very small. we are talking about 35 parts per billion and the european union allows 200 parts per billion. i don't think it's a safety concern but i think it' an issue of what our fda is up to in

terms of protecting us. megyn: they say it may be coming in from brazil. you believe they should be cracking down on those imports and making sure the american companies don't use those imports. >> they better make sure our companies are not using this stuff. because even though much higher amounts is necessary to cause human harm, i do not want to scare people out there, i feel strongly they have to clamp down on this because you never know how much orange juice a person is drinking. of course i'm much more afraid of the sugar in orange juice than this. but there is a reason we are not allowing this fungicide to be used in the united states. it shouldn't be used in europe either. megyn: you say it's 35 parts per billion and europe allows 200 parts per billion. even if you are giving this to your 2-year-old is it okay to have 35 parts per billion?

>> that's a good question because children tend to drink more juice and there is a cumulative effect. if i had a 2-year-old and they drank this much orange juice with this in it i would not be concerned about their health, but i would not want it in there. we have to increase the scrutiny, but it takes more than this amount to cause human harm. we need more studies on this, but the issue is, what's this doing here? it's a dangerous chemical. megyn: how about apple juice? the fda said sit would step up testing for arsenic in apple juice. now they are stepping up testing for it. a lot of parents are thinking can i give my child apple juice and orange juice and not worry? >> i came out against what dr. oz was saying for the same reason here. i think the testing has to increase. but we are not in the realm of reality here where you don't have to give apple juice and

orange juice. we are not in a position where this many chemical is a problem. we are wondering, can our fda protect us? dr. oz is probably wrong to make such a big deal out of it because a lot of arsenic naturally creeps into apple juice. here they are giving it to protect grape growth in the european union and oranges. fungus is a problem with the orange crops and that's why the companies are using this stuff. but they shouldn't be using it. megyn: to get kids to drink you have got to spice it up a little. you can't just give them water and milk all the time. if you don't like juices, what do you like? >> i don't have a problem with juices. like your kids i can't get them to take anything half of the time. but the other problem is if i start giving them sugary drinks early on i may be starting a problem.

one thing i don't give them, no soda pop. megyn: i don't drink it either. it's one of those things where you start to wean yourself and once you go a long time without having it you won't want it either. she spent the first few seconds of her life with her birth mother. the next two years with her adoptive parents. now the little girl has been ripped from the arms of the only parents she has ever known. a brand-new attack claims mitt romney put profits over people in the private sector. does this cross a line? we'll speak with a former gingrich campaign member who is connected with the ad. then the romney campaign will respond on the hottest campaign controversy this week. >> mitt romney, them guys don't care who i am.

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megyn: a cold case getting even colder in hollywood. investigators finding no signs of foul play in the death of natalie wood. investigators are ruling its an accident again. wood died in november 1981. she died while boating her husband robert wagner and actor christopher wall ken. the race to win the republican tomorrow nation is moving on to south carolina. the competition will likely get fierce there. mitt romney creating even more motivation for his rival to knock him off the path to victory and stop things in south carolina. so what can we expect? chad connelly is the chairman of' south carolina's republican

party and rick harpootlian, the chairman of the democratic party in south carolina. we heard the gloves come off in south carolina. what does that mean. >> people note races are decided here. people look at south carolina and they realize if they are going to win, they have to win here. megyn: i heard some people say it's a cheap media market and it's easy to run ads. >> i think south carolina first of all has a history of this sort of -- lee at water is a buddy of mine and he developed this 30 years ago. we remember the whisper campaign

of john mccain having a mixed race illegitimate child. he came to the gunfight armed with a knife. mitt romney has all these terriers nipping at his heels. i watched tv this morning. in the 24 hours since new hampshire. the negative advertising from these independent groups is brutal on mitt romney. you would -- i have never seen republicans in 40 years of watching politics go this negative on another republican. i have got to say, it's fun to watch. megyn: i want to ask you. you mention that back in 2000, when john mccain and george w. bush were battling for the gop nomination. the bush campaign said they had nothing to do with it, but some were suggesting john mccain had

an illegitimate daughter, not true. and john mccain had done something george bush wasn't happy with. look at this debate of february 2000. >> you should be ashamed. >> let me say one thing about all this business, john. >> i told you i pulled them all down. >> this is an attack piece. >> that is not by my campaign. >> it says paid for by john mccain. >> that is not from my campaign. megyn: * we likely to see it go there? >> i remember in 1980 watching reagan and bush and when bush said voodoo economics, i thought they would never speak to each other again. this is a primarily season. the gloves are off. it does get nasty sometimes. but in the end our candidates will come together and coalesce

around the fact that we have to beat this train wreck of a disaster that's in the white house today. megyn: deck, the south carolina primary seems to be critical. since 1980 the state voters have correctly chosen the eventually republican nominee every single time. so if you don't win south carolina, the odds don't look good for you. if you were advising these candidates who are on the bottom tier of the polls, how would you tell them to win your state? >> the republican primary here is different than the new hampshire primary. in new hampshire a small percentage of the voters made under $50,000 a year. in south carolina $50,000 would be high end, high income. the state average income is very low. so you are dealing with a different constituency here. evangelicals are huge in this

state, 7 out of 10 republicans identify themselves with evangel kals and say they attend church at least one time a week. if i were running against mitt romney -- here is the question. are the evangelicals going to question mitt romney's faith? a guy who believes the garden of eend is missouri and a guy who believe in multiple gods. mormons have different beliefs than a born again evangelical christian. i know it has in the past in 1994 they didn't support you if you weren't a born again christian. megyn: that is a case of the race getting ugly. >> that not an issue that's as big as it used to be. as a christian myself i can tell you people are less concerned about the religion than the relationship. if someone says they have a

relationship with jesus christ and he's my savior then he's a christian. we don't split theological hairs. i don't think i can get people of any one religion to agree on certain things. i don't think it will be the i shall. >> it was in the past. megyn: mitt romney is the leader in the south carolina polls. are you getting a feeling like we saw in iowa are rick santorum making a last-minute rise. in new hampshire huntsman made a rise. getting any feel being that right now? south carolina? >> i watched the ground game pretty close, and i haven't watched this game for 20 years. whoever has the ground game, those are the ones who make the rise. i think senator santorum and speaker gingrich and governor perry have had incredible ground games here. they have all done events here in the last couple days and had hundreds of people come out.

this will be decided by the voters who go to these events and vote for the candidates who do the best connecting with them. megyn: do you believe mitt romney could win a state like south carolina? >> i think he could. the question -- here is what we don't know. thousands of rating points of negative advertising started this morning. you have got to give those four or five days to see if they have any impact. by this time next week we'll know whether he has a chance to win or not. but what romney did to gingrich in the iowa, gingrich is and perry are doing to romney here. people say negative ads don't work. they work. so whatever happens, i'm telling you i'm seeing some of the most blistering in a general or primary here, blistering television attacks as they painted mitt romney as the gordon gecko of the 21st century. greed is good, people don't

matter. that's newt gingrich and rick perry doing that. not the democratic party. megyn: a guilty plea from the prime suspect in the natalee holloway case. [ male announcer ] to the 5:00 a.m. scholar. the two trains and a bus rider. the "i'll sleep when it's done" academic. for 80 years, we've been inspired by you. and we've been honored to walk with you

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megyn: iowa and new hampshire are in the rearview mirror and all eyes are on south carolina and we are awaiting the arrival of newt gingrich at a town hall meeting in spartansburg. analysts say he is trying to breathe new life into his campaign, going after front runner mitt romney and slamming what he calls crony capitalism. the prime suspect in the

disappearance of an american teenager in aruba will soon be sentenced for murdering another young woman. joran van der sloot pleading guilty in peru. the 25-year-old was murdered five years to the day after natalee holloway disappeared. >> reporter: after a year and a half behind bars in peru, joran van der sloot said his spanish was good enough to operate without a translator. he's hoping for a reduced sentence reduced from 30 years in jail. he told the court was willing to plead guilty and give a complete and sincere apology for his actions. [through interpreter] i truly feel sorry for waive done. i feel very bad.

>> reporter: he was arrested but never charged with the murder of natalee holloway. the case in peru is much stronger. there is a body and video. the defense said he suffered from post traumatic stress disorder. they say the media made him into a deplon. we'll see how much the three women judges are buying this claim of ptsd. megyn: in three minutes one of the people promoting the attack and a response from the romney cam. a near miss as a southwest -- our viewers say the's near hit

as a southwest airlines plane almost collides with a lear jet at a busy new york. we are live with that story. >> a lear jet went right over our head [ elevator bell dings ]

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megyn: the world's nuclear weapons are far from secure. the report grade the 32 countries believed to have such material and found there isn't any global consensus on how to track and protect those materials. dive teams are searching a river in maine for a missing toddler. she vanished from her father's home more than three weeks ago. her disappearance has been declared a crime. florida is recalling minivans and suvs because of mechanical issues. new information now on a very close encounter between two planes at a busy airport. we are hearing what happened inside the cockpit just before the near collision. rick folbaum has more.

>> reporter: you were right when you said this was a near hit. a close call. we are just learning about it now it was december 1. a southwest airlines boeing 737 just land in chicago. the pilot wanted to cross over to another runway. he asked the control tower for permission to do that. the tower said okay, but there was a sleer jet getting ready to take off from the same runway. it starts after what could have been a catastrophy.

>> reporter: it was the first officer onboard the flight to yelled at the captain to stop. thankfully he did. just short of that runway edge where that lear jet took off. none of the 85 people onboard either one of those planes was injured. but a couple dozen feet here or there and this would have been a different story to tell. megyn: rick, thank you. the republican race for president may come down to this. the south carolina primary in just 10 days and it may be the last chance for mitt romney's rivals to knock out front runner. now a pro newt gingrich group releasing a short film blasting mitt romney for his career at a private equity firm, bain capital. it claims he put profit.over people. >> what did he do when he was the ceo of this holding company?

>> this film will highlight four of romneys many targets. four businesses and the thousands of employees who worked there. >> that hurt so bad to leave my home. because of one man that's got 15 homes. >> he's tearing down his house to build a 11,000 square foot house. megyn: a former gingrich spokesman, the group that bought that film and now is releasing it. thank you for being here. this take the gloves off tonight attack against mitt romney. why did you buy it, why are you doing it? >> mitt romney has run his entire campaign based on the fact that he's a job creator.

when he was massachusetts governor he was pro-choice, now he says he's pro life. he says he's pro business but he imposed mandatory healthcare in massachusetts. it shouldn't be a surprise. this film is a testimony that counters that claim. he wasn't a job creator. megyn: in the film they go after him for talking about making a profit as that is a good thing in the film, he talks about it. a lot of americans think about that and think that's what rain shower free enterprise system is based on and he should not be demonized for doing that when he ran a private equity firm. >> i say the romney people are doing a good counter offensive. think about the arrogance of this, that my holding romney accountable for his record is going to collapse the free enterprise system. the economists.

capitalism does have creative destruction. there are people on the creative side who create jobs and they are the innovators. when their inoh innovations occur. other companies don't survivor. smith corona would be an example of that with the computer. henry ford and the automobile would be like that to the horse and buggy. but he wasn't a high-flying businessman on the creative side. he was on the low-flying vulture side. so he is like a vulture capitalist. he goes around and takes these dead carcasses of these companies, takes them apart, raids their pensions. right here in south carolina they shorted the pension fund and the federal government had to bail them out and it was taxpayer dollars that bailed them out. yet mitt romney made tens of billions of dollars off that

deal. megyn: his camp said, yes, in some instances the companies failed. and the companies you go after when you are in private equities tend to be companies that are struggling and need an influx of cash. they were facing bankruptcy before bain capital stepped in. he had a 3-1 success ratio which he says is pretty good. >> it am not good. the "wall street journal" gave him a mixed review on that claim. 22% of the businesses sphaild outright. and 8% subsequently failed. one in three failed. but yet bain capital and mitt romney made a prove it off those transactions. people can make prove it being a venture capitalist. but don't say you are a high-flying eagle in the business world when you are palo-flying vulture. my contention is not an economic

argument. i'm a capitalist, i work for a small business. newt gingrich has a tremendous record on small business wanting to lower capital gains down to zero. that's a record to run on. mitt romney's records to run on don't exist. all of his public utterances are in dire contrast with his own record and that was true as massachusetts governor and it's true here for him on his years with bain capital. megyn: thank you so much, sir. joining us now, a mitt romney supporter. thank you for being here to respond. you heard the allegation. he has no problem with making prove it, but what mitt romney did was feed off the carcasses of these companies. >> the opening question you asked is why are you doing this snow failed to tell you the honest truth. they are doing it because they

are desperate. they have a candidate who is not doing well. voters have not responded to his message so they are going after the person who is getting the vote it many politics. we understand that. we expect that. megyn: the point he was making may be resonating with folks and i wonder what the substantive response to that is. >> it's clear. i wonder if they truly do understand what takes place in the private sector. these individual who were parts of bain and other companies like that, they look for companies that are troubled and they look see if there is some possibility there. do you think this company could take off. so they find investors. they bring money and management skills into try to turn the company around. you have places like sames, sports authority, and burger king, dunkin donut. they turn these countries around. jobs are created. but it does always work.

some of these companies can't turn it around. so jobs are lost. but they are out there, they are trying, they are looking into those companies. this is a critical part of the private sector. megyn: speak to the allegations of ratings pensions, cutting jobs, leaving people like the women we saw in the clip jobless while the investors in bain walk away with millions of dollars. >> when you ask investors to put money into a company that looks like it's going under on the verge of bankruptcy they will expect some return to take this tremendous risk. when you go into a company on the kids you have to start cutting programs and systems and to turn it around you have to close down shops. stream light, tighten it. you use the fund, the assets you can hold on to to turn it around it, the system. it's called the private sector. it's something newt gingrich

hasn't had a lot of experiencing with. so the fact that he's upset with this concerns me as a conservative. he has taken class warfare to the left. this commercial should say paid for by friends of obama. maybe occupy.com. this is their position, that everything should be really even, nobody should be hurt. that's not the private sector. if you want to turn this country around we need somebody who understands it, who will go in there and release the power of the private enterprise system in this country and take government policy and turn it around so that we can get the private sector doing way it's always done in america and that's create jobs and give opportunity for all americans. megyn: in the clip we than was an allegation that mitt romney owns 15 homes. according to bloomberg he owns three. so that is one facal

inconsistency. we wanted to call attention to. the romney cam says that's not the only one. she was a well-adjusted 23-year-old girl living with her adoptive parents since the day she was born. now she has been taken 1,000 i'ms away to live with a man who is her biological far it but whom she does not know. a heartbreaking custody battle in "kelly's court." >> she had a confused look on her face which just -- i'll always remember her crying after us when we had to walk out of that office and leave her there. i wonder what she's doing and if she's afraid. just -- wish we could be there if she is afraid. ♪ do you know wh you want? ♪ while beating up on yesterday ♪ ♪ rolling on, moving on

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back. he won and took the little girl more than 1,000 miles away . >> we are her family, this is her home. we don't feel this is what it

was meant for. it's not about us it's not about them. it's about our daughter and the best thing for her. megyn: joining me now. fox news political analyst lis weihl and mercedes colwin. what does the law require? the father got custody because of a little known law called the indian child welfare act which basically makes it illegal to break up a native american family. >> this is a horrible case, very sad for the foster parents. the act that you cited was brought in because up to 35% of american indian children were taken off the reservation and adopted by non-native americans. then you couple that with the 1989 supreme court decision where the supreme court rules on point on this.

it said that if in a voluntary adoption the jurisdiction, the ruling lies with the native american tribe, and that's the cherokee indian nation, they were able to rule the biological father started proceedings only four months after signing that document to have veronica back. megyn: you can never adopt a native american child without having to worry at some point -- at any point down the line you will have to give him or herb back? >> the senator who wrote this law says it has been misused in this particular case. back in '78 children were taken out of their homes by private and public agencies. that's not what we have here. we don't have that here because we have that waiver. frankly, the judge here should have said what's in the best interests of this child. the best interests of this child is not to have a taught more had

virtually no contact with this child for two years to take that child out of the only home that she knew. and what did he say? he didn't understand the waiver? this is a soldier who fights for this country and he can't say i signed a voluntarily a waiver giving up my parental rights and suddenly two years later i don't understand the document? megyn: it's a fair document. what's to understand. it's not like, you want to waive your right to ride the rollercoaster. you are giving up your baby who is just been born. >> we don't know what the document says and we don't know the status of his mind. there is no meeting of the minds. but the main point coming back to the 1989 supreme court decision gives full jurisdiction to the american indian nation. they can rule however it wants. they are an entity to themselves. sovereign. megyn: native american children

can essentially never be adopted because you always have to worry about the adoption being reversed. we'll continue this after this break. yoo-hoo. hello. it's water from the drinking fountain at the mall. [ male announcer ] great tasting tap water can come from any faucet anywhere. the brita bottle with the filter inside.

megyn: picking back up with our legal analysts. normally you mention the best interests of the child. normally that is the standard in these cases. we talk about how this little girl who did not know this biological father and was raids for two years. we are not talking about an infant. 2 years old you know who your parents are. there is a bond there will be is lover. and was just turned over to a man she didn't know who took her 1,000 miles away. i'm daddy, call me daddy, no

more contact with mommy and daddy. how is that in the best interests of this child? >> that's what's so tragic about all of this. there was one communication and she was calling them mommy and daddy saying i love. that goes to your point. there was a strong bond between this 2-year-old and the adoptive parents. something has to change. lis brings up the 1989 law. laws are not static. they are constantly evolving. if you have this act and it, contrary to the best interests of this child, this is a case that should go up. the adoptive parents are going to purchase sight and hopefully someone will go back and say wait a minute. why are we allowing a 34-year-old statute to truck what's the best interest of a child. megyn: this father said he thought the birth mother was going to keep her. he those was letting the birth

mother raise the child. >> he was just about to be deployed so he thought it would be temporary. that least that's what he is saying. the law is the law now. that supreme court decision says the tribunal rules and it has. megyn: can't they make him allow the child to be closer to the adoptive parents for a transitional period? he has taken her 1,000 miles away. >> of course they could. the judge could have ruled for visitation. they could have done something to make the transition for this little girl a lot easier. the waivers could be written differently. the waivers could say we have jurisdiction in native territory. we waive that. we waive the act. they can do that. megyn: this is heartbreaking. good debate. thank you both very much. new information on the casey anthony trial. stay tuned. okay, team! after age 40, we can start losing muscle --

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