on fox news at 6:00pm. jon: build a fire. jenna: what could be better? that will be fantastic. thanks for joining us everybody. jon: "america live" starts right now megyn fox news alert a shift in the polls putting newt gingrich back on top in south carolina and raid and raising the stakes. welcome to "america live." i'm megyn kelly. gingrich has a slight lead over mitt romney in south carolina. this is the average of all polls. just a week ago governor romney was showing a double digit lead. in seven days and two dramatic debates all that has changed. chris staoeufr wall street is our tox news digital politics editor and host of power play on foxnews.com. what a shift in fortune for newt gingrich who just a couple of weeks ago, i mean people were saying he's down and out, forget it, he's finishing near the bottom in iowa, in new hampshire, forget it, stick a fork in him. look at him now, chris.

>> reporter: look at him now and how the not romney primary has changed so dramatic lie. rick perry is out of the race, he gave a very compassionate endorsement to newt gingrich as he left. it leaves it as a not romney primary between rick santorum and gingrich. he represented the neighboring state congress for 20 tkwraoers. he's culturally aeu tuned to where they are at right now. it looks good for newt gingrich to have a very good night tomorrow. megyn: why are we not talking about rick santorum. he won iowa, romney won new hampshire. let's say newt wins south carolina, where is it not a three hoeuf man race. >> reporter: the most important thing on saturday for beginning requires he has to be closer to mitt romney's final vote total than to rick santorum. in the end a lot of evangelical christians are saying it's

important to line up behind rick santorum because he most courageous lee and ferociously represents their values on social issues. if that happens and rick santorum stays close to gingrich that means the not romney primary continues and goes to florida on january 31st. if you're mitt romney that's what you want. jenna: he is very well funded and his fortune looks good to florida. why are we putting so much stock in south carolina? maybe gingrich takes south carolina, maybe not, what is it about people saying, if rick santorum doesn't win here he's done. >> reporter: they've never been wrong since 1980. they have value -- since ronald reagan and going forward they have validated each republican monday dade. they are considered a validating thing because it looks like the

rest of the party. jenna: 60% of republican voters are evangelical? >> reporter: no, no, no, no it tells you where the parties gut is. that is where the republicans -- south carolina better represents republican mindset than new hampshire or iowa. why south carolina matters so much of this year is because of this not romney primary process. with all the conservative voters in south carolina, rick santorum and newt gingrich had to settle this. you saw the conflict on stage last night. jenna megyn: we are missing the battle, the battle is gingrich rick santorum right now. romney is not getting out. >> reporter: no is ron paul. those two are staying all the way. they will stay in no matter what happens on saturday. for gingrich and rick santorum this is the last time to be the stand alone not romney and go to super tuesday all the way with romney, go the distance.

megyn: the final debate before the primary started off with fireworks. newt gingrich fighting back after the first questions of the nature focused on claims made by his second wife. >> she says you asked her, sir to enter into an open marriage. would you like to take some time to respond to that? >> no, but i will. [cheering] [applause] ] >> i think the destructive, vicious negative nature of much of the news media makes it harder to govern this country, harder to attract decent people to run for public office and i am appalled that you would begin a presidential debate on a topic like that.

[applause] [cheering] jenna: newt gingrich going after the media. it's not the first time he's done that. what do you think? we've pulled together a group of every day americans and we asked them their thoughts, we taped this about 15, 20 minutes ago. here is in part when they had to say. does he tap into a narrative that exists and is felt by republicans or conservatives. >> he touched the nerve, let's go back to 2008. everybody in the prose core two in a john edwards was two-timing his cancer-stricken wife. not a single thing was said. jenna: we will have much more from our focus group, their thoughts on media coverage, and the 2012 presidential race. make sure to tune into fox news

channel to. we will have campaign trail coverage all day and bret baier and i will kickoff our special programming at 6:00pm eastern time. hopefully we will be going until we know the winner, that could be early, it could be late, but we will get things started at 6:00pm and bray you the results as they come in, as you heard chris stirewalt of the critical, critical south carolina primary. well from israel now we are getting new details on intense meetings between the u.s. and israel over iran's nuclear threat. the u.s. military top general is in israel reportedly making a bold commitment to that nation's security. but that does not mean the allies agree on how to prevent iran from possibly building and using a nuclear weapon. rearina ninnan is live. >> reporter: if you're reading between the lines this is partly a baby-sitting visit to make

sure that israel does not launch a unilateral strike against iran. among the people general dempsey met with was israeli military chief of staff. he says the two nations have mutual interests and are more less coordinated, hinting about the situation in iran but leaving a little bit of fog. if you're looking for details about how the two countries plan to deal with iran, no one is talking. they say they have many things in common. one of them is what the bar is for launching a military strike on iran. french president nicholas sarkozy told diplomates that a strike on iran would trigger a middle east war, that is a major repercussion that a lot of world leaders are worried about. dempsey went to the israeli holocaust museum. he wrote, we are committed to insuring that such a human tragedy never happens again. 6million jews were killed in the

holocaust, megyn. megyn: thank you. we are learning details about what may have caused two planes to slide midair after taking off from a mississippi airport last june and hearing new questions about the air traffic controller involved in the incident. trace gallagher is live with the ntsb findings. >> reporter: they are put th-g squarely on the back of that air staff controller saying not only did he almost cause this collision involving 55 passengers, but that he lied then to cover it up. take a look at this. it happened at gulfport airport in mississippi. they have two runways, you can see how they are crossing here. they are numbered after the compass, 148 degrees, 140 degrees. he gave them permission to take off at the same time. they are racing down the runway a hundred-plus miles per hour. they miss each other by

300 feet, that is the blink of an eye when you're talking about airplanes taking off. the ntsb has learned into the air traffic controller and it turns out he's had a number of problems, in fact he was disciplined and suspended for driving under the influence, for missing work, for being late to work, and for being not in the tower when he should have been in the tower. his other controllers also warned him during this near miss that it was the wrong thing to do and the report says he ignored them. the faa issued a statement, they say they made management changes at gulfport tpolgt incident in june and suspended and dessert tpaoeud the alcoho decertified the controller involved. this might be the final saw that could lead to more regulation on air traffic controllers, megyn.

megyn: new concerns over the cruise ship's stability as it theaters on a cliff in it lean forces rescue crews once again to suspend the search for survivors. this as disturbing new details emerge about what the captain was doing and who was with him during the critical moments following the crash. you are not going to believe the latest on this. we have that in three minutes. president obama, blaming the presents for, quote, his old and aloof reputation. is the media really his enemy? we'll debate it. major controversy over a high school mascot. just ahead we'll show you why the school board said no to this particular choice. but here is a little hint. ♪ [singing] ♪ ♪

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♪ [singing. ♪ ♪ jenna: etta games has died. that was her classic, at last. president obama and the first lady danced to it at his inaugural ball. the soulful singer spent years battling a drug addiction. she died this morning at a hospital in los angeles with her husband and her sons at her side. she was 73 years old. megyn: megyn: update for you now on the cruise ship disaster off the coast of italy. the ship now shifting deeper into the ocean forcing diving teams to suspend their search for 21 passengers who remain

missing. now new fears about what might happen if this vessel keeps sliding. greg burke coming live to us from the scene in italy, greg. >> reporter: hi, megyn, that is right. it's a sad day for the family of those unaccounted for, several of them coming here to drop off flowers at the ship, if they continue find closure at least to get a closer look at the concordia. underwater searching was suspended for a short time because there was some movement connected with the ship, nothing great. they were talking about bad weather, it has not come yet, but just the regular seas as they are are moving the slip slightly. that makes the searches difficult and puts it at risk of going down the ledge on which it's perched right now. that would not only hurt the search but also the hopes to get the fuel off safely. salvage ships are already in place around the ship. this is a very complicated process, there is so much fuel on there, it actually has to be

heighted up first and pumped up. it's clearly going to be a lot easier to do if the ship is in more shallow water now. if it goes down not only is the task more difficult it could actually dislodge the fuel tanks as well, we could have an environmental disaster in what is really, really beautiful water as you saw from the earlier shots. th the captain remains in the middle of all this. there is a lot of speculation on different points about what was going on. there is a lot of document, the black box and the coast guard logs, those things do not lie. in terms of the timing and that kind of thing, he is in a lot of trouble. megyn. jenna: he certainly is, thanks, greg. we told you yesterday, viewers that the captain was khraeuplg that he was iclaiming he was in the life boat unlike his passengers because he fell into it. he reportedly tripped into a life boat that happened to be holding two of his top officers. that was fortunate. we are going to talk about that and we're going to talk about what the ship's cook is now

saying that may this this captain in even deeper coming up in 20 minutes. as new developments continue to unravel on this we will have special coverage right here on fox news. geraldo revere ace the postl host of the tragedy at sea special which heirs this saturday, 10:00pm eastern time. reports about this mysterious woman and her connections to the ship's captain. witnesses say they were having dinner and sharing wine 30 minutes before the crash. if true, what would that mean for the case against the captain? again we'll discuss it 20 minutes away. will labor unions create a super problem for the nfl during football's big game? indiana lawmakers are about to vote on becoming a right to work state. thousands of union workers expected to be involved in setting up the nfl village in indiana right before the super bowl. can unions use the super bowl as leverage to fight this vote? she cooks up recipes like fried

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jenna: yes, sir now out about an interview where president obama is blaming the media for creating a negative, disconnected image of him. in an interview with time magazine the president said quote, my suspicion is that this whole kraoe teague has to do

with the fact that i don't go to a lot of washington parties. as a consequence the washington press corp. doesn't feel like i'm in the mix with them and they figure if i'm not spending time with them i musting cold and aloof. does he have it right? is the media his enemy? alan colmes is the host of the alan colmes show. and mike gallagher is a fox news contributor. you hear this frequently about president obama that he's aloof, that he's cold, he's not connecting with americans the way they hoped he would when he was running for office. he says there is a reason for that and it's because of an unfair press corp. >> reporter: i think he may have tripped into the life boat on this one, megyn to be very honest with you. this coming the same week that newsweek magazine has the audacity to put on its cover, why are obama's critics so dumb? this is a guy who ought to be on his knees every night and after he thanks god that he's actually

an occupant in the oval office, which is unthinkable he literally has major american news magazines covering him, giving him so much protection, he probably owes his presidency to a news media who has been advocating for him all through his campaign, and now we're stuck with them. frankly, at the end of the day this is a guy -- listen, last night, alan the best line of the night is newt gingrich saying he was tired of a news media that protects president obama. that may be the line that gets him elected in south carolina's primary. >> reporter: when barack obama blames the media, when newt gingrich blames the media good. >> reporter: you got it. >> reporter: he was the victim. he didn't do anything wrong, it was the evil horrible media that made him tkoeutd. poor newt gingrich the victim of the media, and yet when barack obama mentions the media for some reason that is terrible, but newt can do it and get away witness. what a double standard you've

got. jenna: is is not possible, alan that the media is in the tank for one side or the other? >> reporter: i don't buy that. >> reporter: do you think? >> reporter: we've heard for years about jeremiah wright and bill ayers which will come up again. the media loves liberals and hates them. as mike said it's the media that got obama elected. forget the millions of people that voted to put him in the white house. the media did it. jenna: it's the president, it's the president of the united states who is coming out and saying it's the media to blame for his image as aloof and disconnected. do you agree with that alan? >> i think there is something to that. i think sometimes the media can taint you a certain way and sometimes the media gets a narrative as we all know and goes with that narrative. jenna: what do you think alan, do you think the president is aloof. >> i wouldn't call him aloof. last night he was at the a

polytheater singing algreene. i don't think he was aloof at all. if he's going to go against mr. romney, what is mr. romney, mr. glad hand. jenna: do you think that the president has that image was the media has painted it that way, has painted his image in that way or because there is some validity there? >> no, there is no narrative that barack obama is aloof. really what is important -- jenna: there is a lot out there. those terms come up a lot about him. he seemed cold and aloof, he seems cool and attached. his aloofness is risky. the question is that's because he is or because the media is spinning something. >> i just used a very concrete example of the media giving this president cover and alan my liberal counterpart didn't even address it. how about a major world magazine in america, news we can

literally saying, why are obama's critics so dumb. my gosh alan -- >> it ae bothers you when an american president gets positive press. this idea that some how the media is responsible for all of obama's success as if the human beings who live in america who support him overwhelmingly in the last election have nothing to do with it? you're in denial with that. jenna: as somebody who is a liberal, do you think that the president has had trouble connecting in the way that his supporters believed he would when he was running for office? one of the examples that was pointed out when velma stood up at a town hall, and she said, i'm exhausted in defending you. and he chucked he el chuckled before he responded. and bill clinton would have felt her pain. >> i think he did it better at a

visceral level and obama is a cooler character, he has a different personality. i don't know that that really should figure in do we vote for president based on mr. personality or miss personality or the person that feels our pain the most? i'm not sure that mitt romney feels our pain. if it's going to be obama versus romney that will be a very interesting match up of people who seem to some time float above it all. that doesn't mean you're a bad manager or mountain. >> the danger that barack obama faces right now, he's in perilous times because a lot of democrats and independents are disinch chanted with him. i don't know if it has anything to do with aloofness. as i was driving here there was a sign that had a picture of hillary clinton. the sign said hilly please come save us from this guy. there is no conservative i know who wants hillary to save us from obama. jenna: i have to run. do you believe he's onto anything about the press corp.? because they do seem to want him to go to parties. apparently this is how it works

in washington when you're in the press corp. in d.c. you're expected to be socializing with the top elites like the president and if he doesn't do it they say he likes to be with his family. people who know him back that up. he wants to be with his two young daughters and his wife. is that working to his disadvantage? >> i don't think so. if he went you'd have the right media saying, look at him, he's going to all these parties. who does he think he is celebrating and partying like that. he can't win. >> the media loves this guy. they'll give him a pass no matter what he does. >> you're jealous. >> yeah, right. jenna: thank you both. in the last week newt gingrich has seen almost a 10-point surge in south carolina and has squeaked into the lead now over mitt romney with just 24 hours to go before the voting. what happens now? both campaigns join us in three minutes. and have the cyberwars begun? a group of hackers launching new attacks in the online privacy battle and raising new questions

about who controls the internet. plus, bombshell reports about the relationship between this woman and the captain involved in the italian cruise ship tragedy. >> i've heard in russian media that the captain left the ship first or among the first, but this is not true. i'm a witness. megyn: megyn: [ male announcer ] how'd yolearn to do that?

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jenna: fox news alert,

incredible video coming in from inside the doomed cruise ship in italy. watch this. we are getting amateur to the average filmed by a passenger as they wait for information. this is during the height of the evacuation. they've got their life jackets on, this is minutes after the ship hits these rocks off the italian coast. you can hear one crew member in italian, this is being translated. we are being told that the direction of this woman here is to a life boat while another crew member is telling them to go back to their cabins saying there was some electrical problem that they fixed. a woman who appears to be a staff member is saying that, this is the woman, they are saying they had a generator problem. everything is now resolved she's saying. mind you that the ship is sinking at this point. eleven people are known to have died out of more than 4200 passengers and crew aboard when this ship struck a rock just off of the shoreline tearing a large

gash in the side of the hull. look at this ship sitting on a cliff that we cannot see it is underwater. moments from now we will have a report about what the kapt financthe captain was doing moments before the crash, what punishment he could face and what the cook on board the ship says that could be rather important in this case. a brush fire burning south of reno, nevada is 50% contained. the flames destroying at least 26 homes. 2,000 people and their homes have been evacuated. chicago making news for not having a single shooting or murder in a 24-hour period. that is the first time apparently that's happened in nearly a year. police say the quiet period happened on wednesday. plus home sales rising in december to the highest level in nearly one year. sales are still depressed, and ended 2011 well below healthy economic level. megyn: megyn:

24 hours now until the south carolina primary, and the race is down to a final four. brand-new polls today position newt gingrich as ahead of mitt romney in south carolina, very close, and as romney's chief rival in this contest. one of the issues, gingrich's attraction on romney's business experience and romney's position that gingrich is really just a washington insider. here is just a sample from last night's debate. >> i do think government can kill jobs, and i do think government can create the environment where entrepreneurs create jobs. you did very well under the rules that we created to make it easier for entrepreneurs to go out and do things. you would have been much poorer if jimmy carter remained president. >> let me just tell you mr. speaker, you were speaker four years. i was in business 25 years. so you're not going to get credit for my 25 years, number one. number two, i don't recall a single day saying, oh, thank

heaven's washington is there for me. thank heaven's. i said, please get out of my way, let me start a business and put americans to work. megyn: joining me now former congressman bob m mqu maqwean. i thought that was very interesting last night. one saying he was in washington and knows how to set up an environment in which businesses with drive. and the other one saying, no you do that from the private sector and i'm the only guy on the stage that knows how. you've served in congress obviously. you're a newt gingrich supporter. how does that play with the american people. >> i think you're exactly right. it created an environment in which the people could succeed he said he didn't look to

government for help. america passed a hundred percent of gdp in debt, never happened in american history in peacetime. this speaker was able to balance the budget for four consecutive years and the day that he left it's never happened again since and we are now in this dilemma. we need a leader and newt gingrich has proven what he knows what to do and how to do it. we are at a precipice where it's essential to have that kind of leadership in the years ahead. megyn: roo mitt romney was not backing off on his business experience despite the criticism on his time at bain capital. do you think that is problematic for him or in a general election contest? >> no that's precisely why mitt romney should be the next president of the united states. if we're going to beat barack obama we need someone from outside washington, not someone who is a career bureaucrat.

working on k street working in the house. no, we need a real outsider with real business experience to be commander and chief of the economy. which means as mitt romney fundamentally understands the government doesn't create jobs, it's people and entrepreneurs that create jobs. it's hard-working taxpayers that are going to grow this economy and get us back going in the right decks. megyn: begin rich is surging in the polls. one reason he went down in the polls after his initial rise a few weeks back i think is he had so much criticism from well-known republican talking heads, george will and others like them. they didn't appear to be newt gingrich fans, congressman. and part of the thing -- what they would say about them, among other things is he has this tkpwrapb deoeus personality. he has great ideas, and it's almost manic an can't fulfill him and you never know what he's going to say. it was something rick santorum accused him of last year.

>> grandiosity has never been a problem with newt gingrich. he handles it very, very well. that is truly one of the issues here, folks. one month ago he said it's inevitable i'm going to win the election, i'm destined to do it. i don't want a nominee i have to go out and look at the paper and worry about what he's going to say. >> i think grandiose thoughts. >> i will give newt gingrich his due on grandiose ideas and projects. i will not give him his due on executing those projects, which is exactly what the president of the united states its supposed to do. megyn: how do you put people's minds at ease about that issue? >> this country faces two very, very severe questions. number one is the collapse of the value of the dollar because of the over spending, and the uncontrolled entitlements that are raeupt entir raping the

entire budget: in the 70 year period the budget was never balanced once. he balanced the bulger for four consecutive years and three vetos by the president he was able to reform welfare to put two out of three people back to work. he does have grandiose ideas. all of the people involved in that the chairman of the conference has endorsed gingrich. the chairman of of the appropriations committee, bob livingston has endorsed newt gingrich. jenna: there is a long list on both sides. congressman, is that a real issue ao. >> megyn you asked the question of the people involved. you sad about whether or not he could lead and that is what the answer is. >> the answer is no, he was a very unreliable lead tkefrplt he was the granddaddy of earmarks as we've seen it and jeff blake and others put an end to that. we are the first congress to get rid of it. you look what he did with the

prescription drug benefit. you can thank him. he's taken a lot of money from fannie and freddie and went in here lobbied and pushed hard on that. some of the biggest messes in congress were started by newt gingrich. there is a reason why 64 members of the house and senate have endorsed mitt romney an outsider to come in and be the president and only 13 people have endorsed newt gingrich. he was the speaker of the house. >> you make two quick charges that simply aren't the case. he didn't lobby for fannie and freddie and you absolutely know that. >> i know that he did. >> you know what happened to the earmarks after he left office. these when it went out of balance. >> we had to change the gingrich policy and get rid of them, and thank goodness we did. jenna megyn: all right guys. i appreciate both of you coming on, washington insiders or not it's always a pleasure to speak with you, and all the best to both of you, sir.

>> megyn thank you. >> thank you. megyn: it could be a super problem with the nfl's big game in weeks at lucas oil stadium in indiana. voters are about to vote on whether to be a right to work case. that is not sitting right with the unions. are we going to see protests? the mystery woman reportedly seen drinking wine with the ship's captain minutes before the disaster. what she is saying about what took place, plus what the passengers were told to do just as the ship was about to sink. >> i was next to the captain, 20 officers and the director of this trip who is quite an important person on the ship. we were waiting for orders from the captain so we could pass that information to passengers. megyn: megyn: wake up! that's good morning, veggie style. hmmm.

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i wanted it to be special. oh, what's this? it's progresso's new loaded potato with bacon. mmm, it's good. honey, i love you and... oh my gosh, oh my gosh.. look at these big pieces of potato. yeah but honey, i love you and... is that what i think it is...it is... it's bacon. honey look. [ male announcer ] progresso rich and hearty... 4 new flavors, you can lose yourself in. what's that? big piece of potato. [ male announcer ] progresso. you gotta taste this soup. megyn: fox news alert we have incredible new amateur video to

show you now from inside the doomed cruise ship moments after it crashed into rocks off the coast of italy. a passenger filming ace one crew member directs them to a life boat while another tells them to go back to their cabins that it was some electrical problem. we are getting new reports on what went down aboard this ship just 30 minutes before this scene. witnesses now say the captain and this woman shown here were seen sipping wine and having dinner moments before the ship hit the rocks that ultimately caused the ship to sink. prosecutors accuse the kapt opinion othe captain of manslaughter and abandoning his ship. this woman he was with is depending his actions that night, watch. >> i've heard in russian media that the captain left the ship first or among the first but this is not true, i'm a witness. i don't know if i'm invited to testify in the court or not but as a witness i can say that i left the deck at 2550 following an order from the captain who told me to go to the third deck

to get into a life boat that could take more people. megyn: michael winkle man is a maritime attorney. she said she left the ship a at $11:30 p.m. but the coast guard is telling the captain to get back on the both at 11:00. her story has holes in it. >> i think costa has a time machine where they can send people back in time. this is not surprising to mow at all. i think what we're seeing is the pr machine going full speed for costa. i would not believe a single word that comes out of costa's mouth. this woman is from russia, like a typical crew member she would make a hundred dollars a month

in russia, she makes thousands of dollars on the cruise ship. they probably have said we'll give you money for every word that comes out of your mouth. people should be very wary about what she is saying. jenna: she said the captain was with her on the bridge. the story has some holes ace say. we are learning more details about this captain. there are conflicting reports about whether this gal was ever even on the passenger manifest and whether she was staying with the captain in his room. he is 52, she is in or 20s. i'm not saying there is anything wrong with that, it's a fact according to the reports. they were seen drink. some passenger said it was at least a whole decan tere of wine and not only that the ship's cook is now coming out, michael and saying that after the crash, this captain ordered food for himself and a woman who they believe was this woman.

the ship is sinking and the captain is ordering room service. >> wow, that is a lot of new information for me. obviously it's hard to know what is true and not true. as to the drinking and being at dinner right before it's not uncommon for a captain to be dining in the main dining room he's a public relations figure even on the ship. i think what is information is if they were executing this dangerous maneuver deviating from the course that captain had a duty to be on the bridge to make sure the ship was doing what it was supposed to be doing. so i think really what we're just seeing it's just really a compounding of the error. obviously from the very beginning this seemed to be a doomed voyage and it seems like story, after story, after story are showing this was intentional reckless type of conduct and is really disgraceful for the entire industry. i look forward to represent as many passengers and crew to get them the justice. jenna justice.

megyn: when the ship is sinking it's problem below not the time to be eating dinner. i'm thinking also it's not going to hold up in court, you tell me of, his claim that he tripped into the life boat and now we're hearing again reportedly that that life boat he just happened to fall into held two of his top officers. hey, what are you guys doing here? i mean is anybody going to believe this? >> perhaps it was a domino effect, one fell into one, one fell into the other, no of course not. the law whether it's in italy, whether it's miami, wherever it is the lace not supposed to be too distance from common-sense and common-sense tells you that story doesn't fly. megyn: 11 people are dead, 20 more still mission. it is no laughing matter, but the story that is being put forth is laughable. there are real problems witness. we can't condemn anyone before a jury gets a hold of this case but this guy is in trouble. she's famous for cooking up rest please like fried burgers on a

glazed doughnut bone. paul a lean facing new criticism. should she change the way she cooks? why this debate is get morgue heat, right afteting more heated. she has been diagnosed with type two diabetes. megyn: megyn: from thought to trade, on every screen. and all in real time. which makes it just like having your own trading floor, right at your fingertips. [ rodger ] at scottrade, seven dollar trades are just the start. try our easy-to-use scottrader streaming quotes. it's another reason more investors are saying... [ all ] i'm with scottrade. 8% every 10 years.age 40, we can start losing muscle -- wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb

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>> that coconut milk and that butter, yes, i'm so ready to eat. megyn: well it has become one of the hot stories this week. the celebrity chef famous for cooking up recipes like fried bake on burgers on a glazed doughnut bun says she has type two diabetes. she faces criticism with the way she cooks. >> reporter: the accusation is she's trying to have her deep-fried cheesecake and eat it too there are 20 million

americans with type 2 diabetes. it's the most common kind. the business being risk factors are being overweight and having a bad diet. have you seen paula deen's show? it's promoting high calorie, high fat, high sugar foods, they are awesome if you haven't had them. she announced she had type 2 diabetes. by the way she is also endorsing a new diabetes drug. as one critic say it's like teach people how to smoke, admitting you have lung cancer and endorsing the particular teen patch. take a look at what anthony bourdaain tweeted. looking to get into the leg breaking business so i can sell crouches hraeufplts another one. paula deen scandal an opportunity for them to stop bottom boring us with bad and

you healthy tkaobging. paula deen has not responded to the tweets but she has come out with a statement of her own maybe changing her ways a little bit, she says and i'm quoting, we are sharing some of our favorite recipes lightened up and creating new diabetes-friendly options that everyone will love. we are also going to offer tips and advice to help you stay on track. i pope that doesn't mean that deep-fried bake on doughnuts are out. megyn: you can still have them trace. thank you. one of the president's favorite advisers uses a church pulpit to attack white house critics. just ahead the serious new questions about whether she broke the law. plus, controversy at a u.s. high school after students overwhelmingly voted to choose a cougar as the school mascot. see how that touched off a huge fight about political correctness. newt gingrich has repeatedly reprimanded the media about their coverage of the election. does he have a point? wait until you see the media

take on that. >> the proof is in the pudding, 16-point swing by newt since wednesday. not by attacking ron paul, rick santorum, but by attacking juan williams and john ron king, because the republican elec elect electrit -- en i grow up, i want to write a novel. i want to go on a road trip. when i grow up, i'm going to go there. i want to fix up old houses.

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megyn: fox news alert. on the brink of what could be a game-changing shift in the battle for the gop nomination. it's friday, i'm megyn kelly. mitt romney no longer considered the front runner in south carolina. being edged out by newt gingrich in a couple of the most recent polls. romney is technically in a tie with rick santorum in iowa. a loss in south carolina could be romney one for three coming

out of the gate. is he still the presumptive front runner? >> reporter: the georgia bulldog is surging in south carolina thanks to these rock-em-sock-em debates downcaning asked newt gingrich about this charge by his ex-wife that he asked her for an open marriage. speaker gingrich denied that, then got this crowd roaring when he ripped into king for asking the question. >> every person in here knows personal pain. every person in here has had someone close to them go through painful things. to take an ex-wife and make it two days before the primary a significant question in a

presidential campaign is as close to despicable as anything i can imagine. [applause] >> reporter: gingrich got a standing ovation from the crowd for that response. romney got booed for his response to a question about releasing his tax returns. president obama released 8 years of tax returns when he ran in 2008. when romney's own father george romney ran for president in 1968 he released 12 years of tax returns. governor romney -- mitt romney was asked about that. take a listen. >> when will you release yours? will you follow your father's example? >> i don't know how many years i'll release. i'll take a look at what our documents are. and i'll release multiple years, i don't know how many years, but

i'll be happy to do that. >> reporter: a romney advisor told me he was not trying to be evasive when he said maybe in response to that question. he was trying to be funny an does plan to release at least one of his tax returns in april. megyn: speaker gingrich released one of his tax returns last night. ron paul said he didn't think he would be doing it. what are you standing in front of? >> an italian fountain i would like to say which is from florence, south carolina. megyn: very pretty. thank you, sir. fox news is your home base for the south carolina primary. bret baier and yours truly will be anchoring our coverage.

set your tvo now. we'll have all the result covered for you as they come in on who won the south carolina critical primary. an alert on a fast-moving brushfire in reno, nevada. thousands of people forced out by the flames you are seeing here. 20 houses are destroyed and thousands of acres scorched. now there is a new danger threatening the area. >> reporter: we just got updated numbers. 26 homes destroyed. 3,000 acres burned. now with the rain starting to fall the threat isn't fire, but flooding. this massive brushfire started at noon and quickly became an inferno, 80-mile-per-hour gusts tore through a 6 square mile area in just a few hours forcing thousands of residents to evacuate. which nightfall the flames had reached the city's outskirts and

could be seen from the downtown casino district 10 miles away. it straddled a major freeway that still remains closed. hundreds are without power and three nearby schools are closed today. fire officials are also saying one person died but they are not providing details on that at this time. the government declared a state of emergency which frees up federal assistance. firefighters are on it. crews managed to save 1,000 building last night. today's forecast calling for rain and snow. that should help crews who have this fire 50% contained. today's mission puts out hotpots, restoring electricity and getting people back into their homes. the cause of this brushfire is under investigation. back to you.

megyn: new developments on a gruesome murder mystery in the shadow of the famous hollywood sign. the victim whose head, hand and feet were found near the sign has been identified, but police are not releasing his name. >> reporter: kind of a page out of csi. the way they identified the body, they used the head and dental records. they found the hand and used liquid to plump the hand up to get a good fingerprint. they are not releasing the identification. but we know he's a man between the ages of 40-60 and they know he died fairly recently. they found head, two hand, two feet. but it's interesting because in tucson, arizona they found a torso. now the police departments in arizona and los angeles are comparing notes. but the l.a. police do not believe the torso belongs to the remains found here in l.a.

because they believe that death happened much earlier than the death below the hollywood sign. they also do not think that person was killed near the sign, but instead killed someplace else and the body parts dumped there. they are now in the process of trying to match the remains to missing people. listen. >> i would say a dozen families have come forward with missing persons or have loved ones who are missing. as i have stood here yesterday, i had three people say my dad has been missing for 7 months. this is what he looked like. >> reporter: the remains found near the hollywood sign were actually pulled out by wild animals before they were found by hikers who were walking dogs in that area, but still no i.d. megyn: are you ready for some football in indianapolis sure is. the big game headed to lucas oil

stadium next month. but a state labor dispute could mean a major snag in the super bowl. plus newt gingrich getting not one but two standing ovations during debates, both times after slamming the media. or focus group on mainstream political coverage of the presidential battle. one of the president's most trusted political advisors. did valley jarett's speech on mlk day in a church violate federal law? >> teachers and firefighters and policemen whose jobs are now in jeopardy because congress -- let me me specific -- because the republicans in congress -- feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8.

megyn: there may be developments in "operation fast & furious." a top official in the u.s.

attorney's office in arizona is refusing to testify before congress. patrick cunningham was seen ad but tells the house oversight committee he has plans to plead the fifth. his attorney says he has done nothing wrong but the justice department is making him the fall guy. we also have a major battle brewing at the home of the super bowl, but it's got nothing to do with football. indianapolis is set to host a big game at lucas oil stadium next month. but local labor unions are considering massive protests and workshoppages that could cause chaos because the state is on the brink of becoming a right to work state prohibiting certain union contracts. joining me now christopher hahn and chris plant. they have been open about the

fact that they believe this could get them a lot of national attention if they cause chaos in the city by work stoppages and so on because the unions don't want indiana to become a right to work state. do they have a good point? >> martin luther king said it clearly. we need to guard against slogans such as right to work. it provides no rights and no work. if indiana goes the waive other states you will see slower wages and higher poverty and less training for workers. what people really want is for workers to be indentured servants. i'm a huge giants fan, i plan to be watching the super bowl. and no one wants the game disrupted. what i have been hearing from union people on the ground is there won't be a stoppage of the game but you should expect to see some sort of demonstration

peacefully without -- megyn: it doesn't look like they can disrupt the game. but they are saying stage hand, carpenters, service employees could be involved in the city second up things around the city, super bowl village could be slowed down or affected if they decide to do this. is there going to be a backlash if they mess with the super bowl? >> it's too late to disrupt christmas so i guess this is the best they can do. i think this is a great way to win friend and influence people. they are threatening to occupy the super bowl. they are threatening to use truckers to block ingress to the super sphwoal stadium. why not get the television union people to shut down the transmission of the game and put on "height he." this is like european socialism

come to america. they can disrupt the super bowl, infuriate not just millions of people nationwide but hundreds of million around the world and they can prevent jobs from coming to indiana and stop economic growth. >> that's not the case. if you look at states that allow unions to flourish that are not right to work * states. their unemployment rates are far lower than right to work states. megyn: the question is, is this tactic going to be effective? even though they say they won't be able to affect the actual super bowl because the unions that work inside the stadium have no strike agreement, there is a question whether people would cross a strike line to get into the super bowl, the union work were the no strike agreement. would they cross a strike line?

and one of the things they are planning on doing is causing massive traffic jams. that not going to win the hearts and minds of the people. >> no. but let me explain something. the super bowl has long since become a game that the average american can afford to go to. that said, i don't think they will be picketing the game self and asking people not to go into the game. we all want to watch the super bowl. i'm a huge giants fan. i expect to be watching it. if i was able to get tickets i would go there. megyn: around common man, you are not going. one of the truckers said he's a teamsters organizer. he said you can tell them to take the super bowl and shove it. he said the truckers will be willing to risk arrests by causing traffic jams. this all according to the associated press. traffic jams in the street.

i don't know. is there anything more aggravating than that? >> this is an extension of the occupy movement. this is the new left in america. and the unions are just another tool of the broader obama orchestrated to some degree or another occupy movement which is dying out thankfully across america. but this is the new left and what they do to disrupt travel. they are adopting the tactics of the europeans and they will just infuriate people. americans do like right to work. there are 22 right to work states in the united states. this would be the 23rd. trust me, it will bring jobs to indiana and bring prosperity to indiana. i'm not even anti-union but this is crazy. >> here is the thing about right to work, it doesn't bring work anywhere it has been enacted and it lowers standards. i'm all for the super bowl but

the average american's rights are more important than any game. we need to make sure workers rights are protected so they don't become indentured servants. megyn: mr. steam sisters organizer had that message for you, you can take your super bowl and shove it. thank you, guys. coming up, new reaction to the fireworks at last night's presidential debate. >> are we looking to washington to be our moral guide post? that's why i go to church. megyn: firey. our focus group gets fired up as they weigh in on campaigns and the media. megyn: we'll explain why the

barbie doll is at the center of a iranian police investigation. cougar controversy. the big cats part of a heated debate on democracy and political correctness run amok. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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megyn: police in iran reportedly shutting down toy shops because they are selling barbie dolls. it's part of a decade-long crackdown on signs of western

culture. they launched a campaign of confiscating barbie dolls from toy stores in 2001. the voters have spoken but their voices silenced in utah. student's choice for a new high school mascot. their pick was nixed because the school board fears it will be offensive to women. >> reporter: corner canyon is the new high school in draper, utah, which is a suburb of salt lake city. the finalists within the vote came in and it was could you dars on top, 273. well, in the history of school spirit made sense. corner canyon cougars until

parents were concerned their daughters would be called cougars. the name for women who go after middle aged men. one woman killed the cougars in favor of the chargers. the chargers wasn't even on the list. now they are the corner canyon chargers. so the student democracy was overruled. some kids are happy, some kids not. >> chargers is definitely a better name for the high school. cougars -- you say cougars you think of byu. >> what the heck is a charger. you have got cougars because the mountains are infested with cougars. >> reporter: what the heck is a charger.

brigham young university, they are the cougars. megyn: i love the fact that that term for older sexually aggressive women who like to be with younger men. >> reporter: the big mountain lion also known as cougars. a fitting tribute to an american hero who fought for his country when his country did not fight for him. and newt gingrich scoring a big victory, not again his republican rivals but against the media. this strategy, is it helping him a lot? and why? our focus group weighs in after this break. >> politicians are hypocritical and we all know that. finally somebody stood up and called them out on being

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megyn: a truly remarkable moment on the campaign trail. two of them in fact.

newt gingrich got a standing ovation at the republican debate. his second in a week, and only the fourth in the history of these gop showdowns. both times the candidate went after not his opponents, but the media. take a listen. >> as you know, your ex-wife gave an interview to abc news and this story has gone viral on the internet. in it she says you came to her in 1999, at the time when you were having an affair. she says you asked her, sir, to enter into an. >> marriage. would you like to take some time to respond to that? >> no, but i will. [cheers and applause] >> i think the tes struckive, vicious, negative nature of much of the news media makes it harder to govern this country, harder to attract decent people to run for public office and i

i'm appalled you would begin a presidential debate on a topic like that. [cheers and applause] >> every person in here knows personal pain. every person in here has had someone close to them go through painful things. to take an ex-wife and make it two days before the primary a significant question in a presidential campaign is as close to despicable as anything i can imagine cheer. my two daughters wrought head of abc and made the point that it

was wrong, that they should pull it, and i'm frankly astound that cnn would take trash like that and use it to open a presidential debate. [applause] >> as you noted, this story did not come from our network. it is the subject on the campaign. >> it was repeated by your network, you chose to start the debate with it. don't try to blame somebody else. you and your staff chose to start the debate with this. let me be quite clear. the story is false, every personal friend i have who knew us in that period set story was false. we offered evidence to abc to profit was false. they weren't interested because they would like to attack any republican.

i'm tired of the elite media protecting bach by attacking republicans. megyn: does gingrich have a valid argument or is he trying to score political points or both? these are all republican voters who watched this debate and have some thoughts on this. jay, does he tap into a narrative that exists by republicans or conservatives. >> he touched a never and the nerve is this. let's go back to 2008. everybody in the press corp knew john edwards was two timing his cancer stricken wife. not a word was said. everybody my that john kerry had gone through a difficult divorce. why didn't they air a segment of his ex-wife two days before a primary or election. the media was the chief apologist for what went on through the clinton years.

this is the double standard to which republicans and conservatives object and that parts of the nerve he touched last night. >> don't forget the dan rather story that was fabricated about george w. burns alleged service in the national guard. 16-point swing for newt since tuesday and it's been reaffirmed by last night's performance by attacking juan williams or responding to juan williams and john king because the republican electorate whether democrats wants to say it's true or not, that there is a media bias against republicans. megyn: we learned you are no fan of newt gingrich. but doses spouse a strength -- does he espouse a strength and confidence. >> he called mitt romney a liar. but he is a good debater and he's good at invoke emotion.

he did make a good point that the elite media, they do have a double standard so give him points on that. but it doesn't mean that he doesn't sound hypocritical. for him to sounds like a victim didn't work for me. >> politicians are hypocritical and that's not news. but the media is hypocritical and someone stood up and called them out on being hypocritical. last night was a come to jesus moment for the media. they were shocked by the reaction of the crowd. finally someone calling them out on being hypocritical. megyn: it's not just that republican voters felt newt gingrich were getting beats up on but conservative republicans they feel are not being given fair coverage. >> this might have been the final straw coming out 48 hours. before the south carolina primary. the timing is very obvious.

a lot of people in the audience say the for what it was. and the fact that newt brought that up and was so aggressive, it was a great way to do that and stand up. megyn: there is a piece in politico that points out, it's tapping into anger some reblicans and voters feel in this country. they are mad as hell and they are not going to take it anymore and they like seeing somebody who has that same passion. >> i think his anger is a little bit over the edge. like i said last time when the second time when he was talking to john, he was literally angry. i think it was an unbelievably brilliant deflector. i worked for president bush on the campaign than was no fox news there. and every single place we went, i can't even tell you what the media was like. we would go to an he convenient, it would be an unbelievably fantastic success and you would watch it on the news and it

would look like he was a total lowers and out of touch. megyn: is there a danger being angry? over the long haul, is that going to work? >> it's slightly beyond anger. it's passion. and that's what i think newt has to be careful about. he's obviously tapping into something. this is palpable anger. parts of it is because the people feel duped by the media. in 2008 they didn't just have a bias against republicans. but against anybody who wasn't barack obama. >> i think we are missing the call of the question. the facts of the matter is, newt gingrich was able to assign responsibility to the individual who actually attacked him. and that is sorely missing in our present and past administrations. that's why we have a war on

terror rather than a war on the sponsoring states. i think this showed a great deal of character for him, and it makes him appear and i believe he is, presidential. megyn: was it an attack? john king said i had to ask it. >> i would say that the consequences of this -- even though i don't think this is what abc wanted -- this was a vetting process and it was an important vetting process. divorce is an important issue. half our kids live in a home without a mom and dad. and the adult are you -- the adultery issue is real. if he actually wins the general, it's done. i think it's over with. >> it doesn't mean he's a good candidate or good person and doesn't mean his ex-wife isn't telling the truth.

we don't know. it's he said-she said. >> it's a fair question to ask. but also the unemployment, the debt, there is a lot more serious problems. but what newt tide when he answered the question, he stayed on offense. he blamed the media and by reframing the question he took control. this story that his ex-wife came out with will either sink him or backfire. >> when this seeps in it won't play well with women voters. it will be interesting if he wins the nomination to think of a first lady that stole somebody's husband. >> are we looking to washington to be our moral guide post? that's why i go to church. i'm not looking for someone in washington to be my moral beacon. megyn: what about the anger issue? they say women in particular have an issue with somebody who

is angry. >> as long as i can put a roof over my head and feed my kids you can be as angry as you wants, i don't care. >> it goes up and down like this. megyn: even though he is more volatile and passionate, he isn't saying i am the one who can debate barack obama. he may be a good guy but he's not as effective as a debater. does that appeal to those of you who aren't gingrich fans? >> i don't like him. >> that's your original question. the republican electorate believes there is a bias and woirts' like -- that bias goes

into how they are conducting the debate. think about the question in new hampshire about contraception being band at a state level. do you think that's a concern? no. it's part of their liberal agenda they are seeing into the debate. megyn: thank you all so much for being here. we appreciate it. interesting, right? it's interesting to hear people's thoughts on that. the panel did a great job. we are taking your thoughts on it at kelly@foxnews.com. did valerie jarrett's address at a martin luther king event possibly violate the law? "kelly's court" is after the break. >> firefighters and policemen whose jobs are now in jeopardy because congress -- let me be specific -- because the republicans in congress

[applause] -- the president taught me to choose my words clearly. because the republicans in congress would not pass the americans jobs acts. what makes scottrade your smartphone's

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megyn: "kelly's court" is back in session. using a house of worship as a bully pulpit. valerie jarrett using the platform to pump up the president, touting his accomplishments while attacking republicans. in doing so, she may have gotten the church which under the tax laws which is suppose to be non-partisan, in a whole lot of trouble. you tell me. did she get political? >> i think the fact that we all sleep a little easier at night knowing usama bin laden and his lieutenants are not plotting a terrorist attack against the

united states. [applause] and i think back on my recent trip home to chicago over the christmas break. is a walked through the airport i saw so many soldiers in the airport returning home from their last tour of duty in iraq in time for the christmas holidays. and teachers and firefighters and policemen whose jobs are now in jeopardy because congress -- let me be specific -- because the republicans in congress [applause] the president has taught me to choose my words clearly -- because the republicans in congress would not pass the american jobs act. megyn: joining me now jonna spilbor and arthur aidala. this is interesting. the law says what about what a

tax exempt organization like a church can and cannot do. >> it's all the not for profit organizations. in american ease and simple ease. you can't get involved in politics and endorse somebody, you can't speak hurt any somebody else and tacitly endorse somebody. first thing she said about the troops coming home, that's okay, she said something else that could be viewed as informative of what's going on. that's fine. but when she said congress didn't pass the act, that's fine, too. it's when she goes into the comedy routine and says it's republicans. then she invokes the president's name. at the end of the speech, they have a voter registration drive right outside. i think when the i.r.s. looks at this if they choose to, that

will be the straw that breaks the camel's back. megyn: what is the standard? as i look at the law it seems to say you are not allowed to endorse a candidate. you can't participate in a political campaign on behalf of a candidate and you can't engage in issue advocacy thrawlt in intervention in a campaign. >> good question. we want to get technical about this, she works for the white house. she is partisan and she shows up at the church. granted, what's going to save the church, i don't believe she is on the board, i think she was there as an invited guest at a martin luther king event. the church itself shouldn't be put to task because they invited her in and she said what she said. the i.r.s. cares about whether they are truly a tax exempt organization. does this one event mean they

are no longer a tax exempt organization? i think the church will win on that. megyn: does the i.r.s. really care? i remember look at this when i worked in the d.c. bureau on the naacp which gets very political and it has tax exempt status. it hasn't been revoked. does the i.r.s. give you a lot of latitude? >> yes. however, it's trending especiallyn for not for profits in a different direction. in the state of indiana the governor says he's putting a cap on how much the head of a not for prove it can make it, trending towards these 501c3s to be looked at much more closely flips also somewhat of a double standard going on here. people from the other party many times -- the democratic party,

complain about speeches that are made in these churches against homosexual marriage and those social issues. the democratic party is saying they are wrong, go after them. now you have someone from the democratic party going in and doing the same thing, using the church as a platform to espouse political views. megyn: what would happen -- the i.r.s. what say what to the church? you now have to start paying taxes? >> they could shut them down. this is a battle went ir i.r.s. code and the first amendment. those are two different entities. who has the better hand? the i.r.s. other church. can you imagine the backlash if the government tried to shut down this church? it's not going to happen. >> they do go to great lengths on their web site to call to get

advice on whether they are crossing the line or not. probably nothing is going to happen here, about it's a warning shot over the bow. megyn: it seems to be repeat and egregious when somebody gets cracked down on.

megyn: arlington national cemetery rick a world war ii -- remembering a world war ii soldier. he endured untold racism while fighting for his country. he died at 90. >> 18 some members attend the inauguration of president obama.

some of them told me at the time they felt the racial barriers they broke during world war ii paved the way for president obama's election. lieutenant luke webers was buried. he payment first black air traffic controller with the f.a.a. in memphis, tennessee. they were subject to jim crow laws inside and outside the military. >> you remember in '45, they were not given any recognition. they weren't even allowed to be part of the parade that was ticker tape parade. >> reporter: that was lieutenant colonel weber's wife. they were called the red tails because they painted the tails of their tails red.

99 pilots were trained. 444 deployed overseas. they destroyed hundreds of german planes and came home to fight another war against racism. lieutenant colonel walter mccleary was a red tail. he explained how he had to continue to fight discrimination after returning from the war. >> even congress went on record by saying black boys -- we were called boys -- did not have the intelligence and coordination to fly military aircraft. >> reporter: today one of the red tails was buried at arlington national cemetery. is it fast?

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