jon: jenna just booked me a flight to oakland. thanks nor joining us. jenna: i want pictures when you get back. "america live" starts right now. megyn: fox news alert on new questions being raised about president obama's state of the union address, just hours before it is set to be delivered to the nation. welcome to "america live," everyone, i'm megyn kelly. we are now less than eight hours away from tonight's state of the union address, but the drama is already building. ahead of what is one of the most critical speeches, to president obama's political future. some republicans coming forward today to slam the president's new message on the economy, saying his ideas have been tried and have failed. but it's house speaker john boehner who has really been digging into the president saying tonight's speech will be nothing more than a bid for re-election come forward. >> the president has been in total campaign mode since labor day. and since the campaign apparently wrote the speech i

expect we'll hear a campaign speech. megyn: lou dobbs of the fox business network hosts lou bobs tonight. he's with us now. lou, already you're hearing it over and over that's it's going to be a campaign speech, not a substantive speech. the president will folk news part on the economy but we're also told will zero in on economic unfairness. >> reporter: right. megyn: your thoughts. >> reporter: megyn, this is already part of the theater that is the state of the union address. both sides now the white house letting it be known what will be in his speech, the opposition, john boehner and other republicans attacking what is purportedly in that speech. the reality is this president will be driving the message of unfairness in our economy, and it's going to occur at a time as you well know that we are so polarized, so dived a divided as a nation this it's going to be a very difficult speech for this president because he is responsible for this economy and will be held accountable for the

economy, as he himself acknowledged three years ago. it's going to be a very difficult sell whether one looks at it as an economic speech, a political speech, or historically in the trend of a state of the union speech. megyn: who whom is he trying to appeal, lou? >> reporter: he's trying to appeal to those voters who can make a difference come forward, and those are unders, those are women, and they are the base of the democratic party. but even to them this is going to be a very difficult sale, because as i said, even east describes the unfairness of the system, if he could even establish that, he as president has to be held responsible for much of it since he's been in office for three years. megyn: the president has had a mixed record in terms of accomplishing the goals set out in his earlier state of the unions. it's overhauled healthcare as he promised to do, ended the war in iraq east promised to do. he has not closed gitmo, he has not imposed caps on carbon pollution, he has not reformed

immigration laws, hasn't met monthly with congressional leaders and so on. do the american people keep score? >> reporter: i don't think they do, megyn. i know i may be in the minority on this view. i don't think they keep store but i do think they are constantly having their temperature taken. by that i mean in their households, are they warmer? are they safer? do they feel more secure financially, economically, as well as socially? and i think for millions of americans the answer is, no, not under this president. how much of that is his fault, how much of it is he correctly to blame, that is going to be a matter of dispute and contention over the course of the campaign. megyn: lou, you speak of the economic message, and the president, his approval numbers on that score have been consistently poor. >> reporter: horrible, horrible. megyn: the gallop average i think is at 37%. >> reporter: right. megyn: for his handling of the economic.

>> reporter: which is an improvement. megyn: 37%. he will get up there tonight and have a very big platform, very large, loud microphone to tell the american people why he is really not to blame for the economic circumstances we are seeing in this country. will that message resonate in that setting with that audience? >> reporter: yeah, i don't think so. we have seen this president unafraid as he chastened and criticized the u.s. supreme court justices who were seated before him on the united citizens decision. the man has not taken any mess station i hesitation in going after those subjects, no matter how devisive or polar raoeugz. i thin polarizing. this man has had a chance over the three years to be a leader of the people, to lead responsibly and positively and he's chosen an entirely

different direction. it sounds like tonight will be on economic fairness rather than growth. prosperity is what would resonate loudest and most power flee with americans at this time. megyn: understood. lou dobbs thank you so much sir. >> reporter: great to be with you. megyn: we are learning new details about the guest list at the state of the union and the secretaries of one of the world's wealthist men is getting a great seat. warn buffet's secretary has been invited to sit with the first lady during the state of the union address. in some ways she is the inspiration for obama's -- president obama's buffet rule a proposed guideline to insure that the wealthist do not pay a lower overall tax rain the those who earn substantially less money. coming up we'll take a look at president obama's message about economic fairness and show you why whether you agree witness or you don't the president may be overlooking the most important issue of all. that's in about 25 minutes.

republican presidential hopeful mitt romney disclosing new details about his income. according to the sum raoeft 2010 tax forms governor romney earned roughly $21.5 million last year. most of that money came from his investments. romney made almost $3 million in khaeurtable contributions, and paid about the same amount in federal taxes. all told that puts him at about a 14% effective income tax rate. that is right on par with what he has been saying, and in last night's debate he made no apologies for his success. >> i will not apologize for having been successful. i did not inherit what my wife and i have, nor did she. what we have, what i was able to build i built the old fashioned way, by earning it, by working hard. >> reporter: now that the cat is out of the bag we asked our focus group what they thought about romney, and the impact this news will have on voters. here is a sneak peak.

we taped this moments ago. >> he does relate and care about the american people and he won't be doing this -- he could live a fantastic life. megyn: will people hold it against him that he's a rich guy. it's a principle not to, it's easy, they call it the politics of even sraoefplt it's easy to feel envy for somebody that makes as much money east does. >> he basically married into money and democrats had no problem voting for him obviously in 2004. megyn: what's even more interesting, their advice for how governor romney should handle income questions in the future. that is coming up in our next hour. we are getting our first look at new video of damage from the string of deadly tornadoes down in alabama. take a look at this video just into the fox newsroom. it's chopper footage of one of the hardest hit areas from yesterday's deadly forms. this is jefferson city, alabama. the twisters that hit the area destroyed mourn 400 homes in this area alone, 400 homes, just

gone. two people were killed in jefferson county, and officials now say it was an ef3 tornado that hit the area an ef3 tornado has winds we are told of 158 to 206 miles an hour. fox news jonathan serrie is standing by live in the city of clay, alabama today, jonathan. >> reporter: hi, megyn, everywhere you go you hear the sound of chainsaws, you seau tilt trucks restoring power lines and you see neighbors helping neighbors pick up the pieces after this devastating storm. as serious as it was residents say that they had plenty of warning. weather forecasters predicted the storm system a couple of days in advance, and tornado sirens went off overnight. we spoke with one man who says he went back to sleep after hearing the sirens, his wife stayed up, though, watching the weather reports on tv, and once she realized how serious it was, woke her husband back up, and they took cover downstairs with their 18-month-old daughter as the tornado destroyed the upper

level of their home. fortunately that familiar leave three is just fine, they survived unscathed. we also met a four-legged hero. the night of the tornado cece the dog insisted on staying at the honers house next door. that neighbor is on epilepsy medication and is not easily awaken. she slept through the tornado siren and so did her 17-year-old son who was sleeping downstairs. but cece took matters into her own paws, listen. >> i had fallen a sleep heavily because i have epilepsy and did not hear anything, and this dog who is my next door neighbor's dog was at my home and she got me up within seconds to get my son and myself to a safe place. >> reporter: what do you think was going on? >> i think that she is a hero. i think god used her as an angel to make sure that my son and i were safe.

>> reporter: she says the dog woke her up by tugging on her, by barking and did so just seconds before the tornado arrived, just enough time tore her, her son, and the dog to get into a closet where they survived this tornado. her home suffered some heavy damage, debris flying through that home, but they were safe in that closet and survived without injure. megyn back to you. megyn: great story. good for cece, jonathan thank you. the latest plan from uncle sam to reduce the mortgages of one million struggling homeowners. new questions on who gets the big pay out and who doesn't, and who gets to decide? and new concerns over elevator safety as we get new details on what led to the tragic death of this new york ad executive. we have got some troubling new numbers from that investigation. plus, a chicago father turns his son into the police after he is seen in this brutal fight posted

on youtube. but now dad says police and prosecutors are being unfair. >> they are making this hostile in many of a case, he's the only one known on the video. there are six others involved in this. they are sitting at home free. they can go to school, they can get a school education where my son has to sit in jail and his education is going down the tubes.

megyn: new details now from the develop story on a deal to help some struggling homeowners. under the deal now being reviewed by the state -- by state governments the nation's five largest mortgage lenders seen here would pay out as much as $25 billion. most of that would go to reducing the principle that struggling homeowners owe on their mortgages, but the total pay out is really a drop in the bucket, and once more who decides who gets this help? we have a wealth manager and

managing of capital investment. it's a $25 billion deal with the nation's five largest mortgage lenders to do what? who are they paying that money to? >> and why, right? of the 25 billion, 17 billion is going to go to pay down some of the principle to try to help these people out. megyn: who are underwater on their mortgages. >> remember about 11 million people, one out of four people in this country who have homes are underwater, meaning the value of their home is literally worth less than what they owe. megyn: i'm one of them. >> and i might be. i haven't checked. megyn: am i getting a check in. >> if i'm in charge you're going to get all the money. megyn: the odds are i'm not going to get a khefpblgt you till me. normally when they have proposed the programs in the past they are only helping the folks that are not paying their mortgages. >> it gets even ug leer than that. only $20,000, i'm not saying that is a small amount goes to paying down the mortgages. 3billion of that goes for

helping them to refinance. and remember this. i believe the number is 5.25% is what they will refinance at. if somebody went out into the private market today. megyn: you already lost me, you already lost me. step back. there's 25 billion, the banks are going to issue this check. they are going to give it to folks who they foreclosed upon inappropriately, right, that's part of it. >> allegedly inappropriately, yes. megyn: there is another check that will be cut for around 17 billion that is going to help people who are underwater on their mortgages. >> 25 is the total. 17billion will go down to help them reduce the amount they owe on the houses. the average check will be about $20,000. people are underwater on their houses probably a little bit more than that. megyn: how are they going to decide who is going to get help, the underwater people in the country, how do they decide who gets the check and who doesn't. >> classic politics. we don't know yet. we absolutely have no idea how they will figure that out somehow it will be figured out it's still being written right now and president obama would like to have it done before his state of the union address, and you've got to wonder.

megyn: he's got 8 hours. >> about 8 hours, who knows if it will be done or not. most likely it will be. megyn: should we feel good about this? it's the banks that are going to cut these checks and not the american taxpayers. >> we are demonizing the banks again. every single day you turn around and the banks have done this wrong and that wrong. the truth is most of these people should have been foreclosed on. the problem was they might not have followed every single procedure. what they are doing right now is they say let's wipe the slate clean and say everybody did it wrong instead of going in and doing individual lawsuits on all of them. megyn: really? just for an update a lot of people got foreclosed upon and the paperwork wasn't appropriate and they had robotic signatures on the paperwork and people were saying you can't do it that way. those people will get a check and a lot of people who got foreclosed upon who maybe it was a valid and legitimate foreclosure they are going to get a check too. >> yes, they are. megyn: then there is a group of underwater homeowners who may or may not a check.

>> 5 billion will be put into reserve and they will be paying out $1,800 is going to be the average check. a lot of money, it's all coming from the banks, and instead of fixing our economy we are sitting here literally bailing out more people, the banks are paying for it now, and i don't understand literally why this is coming about with one exception, politics. megyn: interesting. ed, thank you. all the best, sir. presidential hopeful newt gingrich bringing up the name saul olinski on primary night. what pointess point is he trying to make connecting saul olinski and president obama. stu varney has answers after the break. teaching the bible in tub schools. why one lawmaker says now, yes we should. and a u.s. senator at the center of a tsa controversy. we'll talk to rand paul about the controversy that blew up after he refused a pat-down by

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megyn: new details today about senator rand paul's run in with tsa agents at nashville's airport. senator paul, the son of congressman ron paul who is running for president says they wanted to give him a pat-down after the full body scanner apparently picked up something on his leg. the senator says he asked to go throughout scanner again. first he said he showed them his knee, there was nothing there. then he asked to go through the scanner again if they wanted to show the machine made an error but instead the agents put them in ha 10x10 holding area and instructed him not to leave.

this became such a thing even the white house weighed in on it. senator paul joins us live alternate the top of the hour with his story. >> the america of the declaration of independence, the america of saul alinsky, the america of paychecks the america of food stamps, the america of independence, the america of tkepbd dense. the america of strength in foreign policy, the america of weakness in foreign policy, those two choices -- megyn: are what is at issue in this election. he went onto say, that was beginning r-f after he won the south carolina primary. did you catch the name he dropped? he's done it many times on the campaign trial, it was saul alinsky. you may have heard of him during the 2008 presidential race, he's been dead nearly 40 years, but as a chicago community organizers he was very well known for his antiestablishment views, which he spelled out in a book, called rules for radicals. after speaker gingrich raised the issue with voters fox news'

chief white house correspondented henry put the question to the white house. listen to this. >> newt gingrich keeps saying on the campaign trail that the president's vision comes from saul alinsky the community organizers. is there some sort of portrait of him in the white house that people look up to, or is this bs, basically? [laughter] >> the president's background as a community organizer is well documented in the president's own books, so his experience in that field obviously contributed to who he is today, but his experience is a broad-based one that includes a lot of other areas in his life. so i'll just leave it at that. megyn: well stu varney is the anchor of varney & company on

fox business network. stu, who is saul alinsky. >> reporter: born in chicago, a socialist. he established an aggressive strategy and aggressive tactics for america's hard left. published a book in 1971 which became something of a textbook for community organizers, it was called "rules for radicals." he favored direct action, confrontation, and aggressive presentation of the socialist hard left position. that's what that was, the tactics that he established -- megyn: controversial. >> reporter: very. megyn: why? >> reporter: let me give you an example. take acorn, for example. acorn followed the textbook written by saul alinsky. they would invade a bank, literally take it over, sit on the floor, chant, shout, scream, demand that their members receive low interest loans, and if they didn't get the loans they'd call the bank manager a racist. that was the kind of style, the kind of community action which

saul alinsky laid down in his textbook. did that rub off on president obama? does president obama's political strategy, his political positions, does it reflect the hard left socialism of saul alinsky? megyn: he became a professional man in chicago, he is a noted community organizer, you heard the white house spokesman acknowledge that and say it's all been well documented. some of president obama's biographers have said he is a lot more conciliatory in his approach than saul alinsky was. while they may have a lot in common on paper is there any evidence that they have the same sort of radical philosophy. >> reporter: well in 1988 then citizen obama published an essay in which it was all about after saul alinsky, how to organize in the state of illinois. it was much more conciliatory. it was none of the confrontation, beat them up, occupy, none of that aggression. it was indeed more conciliatory,

more cooperative, organized locally for self-help. that is a very different tactic strategy and style from the saul alinsky hard left, go get them. megyn: try to empower those without power. >> reporter: yes. megyn: is this a talking point by newt gingrich that may sort of tap into folks on the far right who don't like president obama? or are there legitimate parallels between these two men that should concern some folks? >> reporter: there are legitimate parallels, wearing in mind president obama's background as a community organizers in chicago, where saul alinsky was a community organizer and wrote the textbook on community organization. for example the president backs occupy wall street. that is a kind of saul alinsky-style tactic is it not? occupy, take control, demand, aggressive. wealth redistribution, that is a key saul alinsky element in his strategy and tactics. wealth redistribution, that kind of thing links president obama with the saul alinsky message. megyn: there may be an influence in your view but not a direct

sort of mentor, mentee passing the torch in chicago kind of heupbg. >> reporter: no, it's not like president obama reads the book, goes out and says, occupy, demonstrate, confront, be agrees i. it's the influence as opposed to the direct translation of tactics. megyn: this is from a saul alinsky biographer who came out and said that saul alinsky was not a bomb-throwing radical by any means. others have said he's not as controversial as people like newt gingrich would have you believe. there is a question of how closely barack obama read him or is affiliated with him. >> reporter: saul alinsky said the have notes should take away the power of the haves. it's that expression, take it away, it's that aggression that goes to the core of the argument. megyn: thank you, stu. it was lawmakers versus park rangers on capitol hill in a fight over the occupy washington protests. >> my job as a 35-year veteran of the national park service is to protect the individuals' rights under the first

amendment. when each protest -- >> wait a second, to protect their rights under the first amendment, is it not also your job to enforce the law? megyn: up next we'll investigate worries about politics in the park service? and new developments in the investigation into how a new york city ad executive was killed in an elevator accident. new research suggesting these accidents may not be as uncommon as we'd like. and the white house says president obama will focus tonight's state of the union on economic fairness, but is the president overlooking the most important issue for voters? that is next. >> we can go in two directions, one is towards less opportunity and less fairness, or we can fight for where i think we need to go, building own economy that works for everyone, not just the wealthy few. eggland's best eggs.

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megyn: congressional republicans today blasting federal park officials for allowing a group of occupy protestors to linger in two washington-area park. witnesses say the parks have increase infested with trash and garbage since protestors moved in. steve cnn tani picks up the story. >> reporter: the occupy -- are the occupy protestors breaking the law or properly expressing their first amendment right. that was the question earlier today when a house committee took on the

national park service claiming the occupy protestors are illegally camping on government property. the protestors have encampments at two city park patrolled by the national park service where camping is prohibited but are they camping or holding a 24-hour vigil to express their views? that was the question put to the national park service chief: >> define camping for me. because you say it's prohibited. tell me what it is. >> the distinction is for a 24-hour vigil, is that they are awake at all times, camping is defined as sleeping or preparing to sleep at the site. >> is there sleeping going on in mcfer son square? >> yes, sir, we do there is. i could care less what their cause is. my job as a 35-year veteran of the national park service is to protect the individuals' rights under the first amendment. >> is it not also your job to enforce the law? >> well, republicans on the

panel implied that jarvis was getting his orders from higher up in the administration. defendants defended the protestors' right to maintain a vigil even though city officials are worried about sanitation and safety at these two sites, megyn. megyn: steve centanni, thank you. >> back now to our top story, and president obama's new economic push, in his state of the union address tonight. the white house says the speech is all about economic fairness, but the latest gallup poll shows us why the president may be overlooking the most important issue to voters. according to gallup, only 2 percent of voters care about the gaps between the rich and the poor. look at that. 52 percent on the other hand say jobs, the decifit, and economic decline are their main concerns. joining me now to discuss t. leslie marshall, syndicated radio host and fox news contributor and jason lewis columnist for the star

tribune and author of "power divided is power checked". panel, this is interesting, because this is a message we've heard repeatedly from the occupy protestors to the white house, leslie, they have been talking about wealth inequality, income inequality, and yet the latest gallup poll shows only 2 percent of those surveyed thought this was an issue at all and now the president is going to devote the state of the union to that as a main theme. is he making a misstep? >> no. although it's a main treatment -- theme, it's not the only thing he's talking b he's going to talk about job creation through renew able energy, clean green jobs, he's also going to talk about job growth if we have tax reform. what he needs to present to the american people, the majority of those 52 percent that say jobs are their concern and the majority of voters are the middle class, are the working class. he as the president not only for the past four years but hoping for himself, and we democrats, for the next four, is basically saying this is where we're at, this is where i think we want to

go. megyn: we know all that. what's news is this focus -- this is not a throwaway, this focus on economic fairness, everything they put out said this is going to be a main theme, this is a main theme of tonight's address according to those helping him craft it and they talk about how it's going to be a problem u list cry for economic fairness. what does that mean jason? obviously he's going to talk about jobs and so on, but the economic fairness, what does it mean and is it a misstep when only 2 percent of the american public thinks it's an issue apparently? >> maybe it means that the top 1 percent of income earners in this country shouldn't be paying 40 percent of the taxes, or that the top effective tax rate for the top 1 percent is 31.2% coorksding to the cbo, while the bottom 20 percent's effective rate is 3.4%. nobody is arguing to raise taxes on lower income people but what people really want is economic growth, a rising tide. they don't care what other people earn. there's only one reason the democrats are so obsessed

with other peoples' money, that is they want to take it. most people look up to a guy like steve jobs, no matter how rich he is, and realize you know what, that's what i want to aspire to. so this is the finished mental dichotomy in this campaign. don't kid yourselves, democrats were surrounding occupy wall street with support. this is going to be as it usually is, one of their pillars in the campaign, this whole notion of the politics of envy and it's sad to see in this day and age. mirg mig it's apparently going to be taking front and center stage, leslie, because we know he's going to be having warren buffet's secretary, who he's held up saying she pays a higher tax rate than warren buffet does, because he pays capital gains of 15 percent and she pays higher, in the box with the first heard. so he's obviously going to make an issue out of this. but let me ask you, where does the president go with this message? it's going to translate into it's not fair, the isn't pays a lower rate than warren buffet, so this is what i'd like to do, how do you finish that sentence if

you're president obama? >> when you are running for reelection, and the two top guys right now, mitt romney, who pays pox approximately 15 percent in taxes, which is below what a lot of americans pay, like the warren buffet and the secretary example, and when you have newt gingrich, who benefitted personally, financially, almost $2 million from freddie mac when so many americans lost their homes as a result of that very entity, the bottom line is the american people need to say look, i want to stick with this guy, albeit slow, that we have economic growth and the unemployment rate is going down, or do i want to -- want to vote for the other guys who on the back of job loss, jobs outsourced overseas had personal growth and with the bush tax cuts still did not create jobs and still did not stimulate the economy. he needs to point that out again and again. >> leslie, sim not going to sit here and defend newt but the president supports mortgage-backed lending,

too, fannie mae and freddie mac. when it comes to the percent, the bottom percent have no federal income tax liability whatsoever and warren buffet deliberately rearranged his salary to keep it at around $100,000 so that would be a taxable income and take the rest in capital gains. if he's so concerned about paying more in revenue, why did he rearrange his particular income so most of it would be in dividends and capital gains? that seems to be a little bit hypocritical here. finally, there -- >> megyn: you raise the issue of mitt romney and his corporate tax rate, that is 15 percent. we've seen it in the tax returns, and if that's where the president is going with this, that that's not fair that he pays 15 percent and the secretary of warren buffet paid a higher rate whorks is to blame for that? you seem to be blaming mitt romney, but if you had capital gains income and you could pay the 15 percent tax on that, wouldn't you do it? i mean, it's the law that is set up that way for him, leslie. >> yeah, but megyn, this isn't about blaming the

person. because no, i'm not blaming mitt romney. mitt romney did what he did. by the way, newt gingrich wants to eliminate capital gains, mitt romney would have zero percent. the bottom line is that americans left and right want tax reform. but the republicans aren't working with the democrats to get this done for the american people. which could lead to job growth. which the president will point out tonight, and that's where there is that divide do you want to stick with me and here's where i want to go or do you want to go with those guy, and again, he is going to have some conciliatory tone as he's had in the past, although very political in nature in an election year, this is a governing speech, a state of the union speech, and he needs to point that out, because although the president may not be that popular, congress is certainly less popular. megyn: jason, i'll give you the last word. >> how about, leslie, a 17 percent flat income tax rate, along with a 17 percent capital gains rate? so there is no buffet exception, right across the board, for everybody? you know, you won't sign on to that, the president won't sign on to that. what they really want is to try to soak the wealthy,

those who are very successful, and in america you shouldn't have to apologize for your success, nor be punished for it. megyn: you know what, you leave with a good point because that -- you've teased our 2:30 segment beautifully! we talked to our panel before the show about exactly that point. >> i do what i can! megyn: not apologizing for wealth. if you want to continue that discussion, stay tuned, about 40 minutes away. thank you, leslie, jason, see you soon. >> thank you megyn. megyn: senator rapped paul lashing out over a security step that kept him off a plane to washington. he joins us live in 15 minutes with his showdown with the security transportation team. have you ever felt like somebody at the tsa was on a power trip? wait until you hear what senator paul said. >> after a woman died in an elevator in new york city, there are serious new concerns today over who is carrying out the safety inspections and repairs of the elevators in which we ride. we will speak with one of the lawyers working on this

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they say 27 people on average are killed in elevator-related accidents each year. roughly 10,000 people are injured every year nan elevator. doug burns is an attorney who specializes in personal injury, he is right across from the building where this woman was killed. >> i'm at 270 madison, that was at 285, literally across the street and there was a lot of commotion and it was oh my god. apparently megyn she was sort of running in to get into the elevator, two people were inside, and it took off with her half way in, half way out. a really horrific accident. megyn: i think everyone can relate to rushing to get into t elevator, you put your arm in the elevator, i went to law school, practiced law, you went to law school, practiced law, i remember the number of cases i read where people lost limbs in elevators because the doors weren't responsive in the attempt to stop it. don't do that! >> you do a tremendous say -- a tremendous service to say don't do that. subway, elevators, we're

used to it magically drawing back. not necessarily the case. you should be careful. mig smig it the duty of the maintenance company to make sure the elevator responds to that or is it the manufacturer? because already we're seeing lawsuits and apparently a probe by the new york city building department found that maintenance work performed by the contractor, transell elevator themed probably led to this death. >> that's a really good distinction you are making. look, they owe you a general duty to reasonly maintain the elevator so you safely ride in them and the question is did they breach it. you establish negligence and the way you do that is a they either didn't do the maintenance which is four times every two years, to inspect. >> four times every two years. >> yes. the secretary of defense part of it, though -- that doesn't mean there aren't problems and that leads into my next point which is were you on notice of a particular problem. megyn: wait. they won't have the obligation to inspect every four years and we discussed last week how apparently you don't need a license to become an elevator inspector

if you decide you want to be one and can convince somebody to hire you you can be the elevator repair guy, and you only do it two times a year. should these be more lie me -- highly regulated? >> i think you make a point. look at it globally, there were 60,000 elevators in new york city and there were 50 accidents, which one could argue is a good safety record, but 57 is 57 too many. megyn: it's fine as long as you're not one of the 57. >> i totally agree with you. the point is -- >> megyn: it happened this fitness trainer, corey hill who filed a lawsuit, he got involved in an elevator accident in which he says he's been fleft a wheelchair and now of course can't go back into an elevator. that's the same for the people in the elevator where the one woman was killed, they can't go back into an elevator. >> he was paralyzed. you make another subliminal point, the pain and suffering, the emotional distress, that's not something that should be discounted. think of the unbelievable

trauma in terms of oh my god how can i possibly get back in an elevator. >> it's not something that you -- other than not putting your arms and legs in the elevator to stop the doors from closing it's like being on an airplane, which also has an amazing safety record, but the problem is, if an elevator fails while you're in it, there's almost nothing you can do. >> and it's scary, but the point is, with all respect, the two cases are different, the one where the person was paralyzed, i don't know there's any aspect as you described of trying to put the hand in. putting the hand in might be cribtory negligence on part of the plaintiff, still a horrific tragedy that she died, but the reality is the message you're sending is great one, let's focus on the safety. megyn: and know there's really not a basis to have blind trust in the elevator companies and those who maintain them. doug, thank you. >> my pleasure. megyn: can cools teach bible study without violating the separation of church and snait why one lawmark --

state? why one lawmaker says yes you can. >> if we have professors from yale and harvard telling us how important it is for high school students to have this foundation, this basic knowledge, then why are we not -- >> [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. i'm here to unleash my inner cowboy. instead i g heartburn. hold up partner. prilosec can take days to work. try alka-seltzer. it kills heartburn fast. yeehaw!

megyn: an arizona lawmaker is testing the boundary between church and state, she wants public schools to offer a class focusing on the bible's historical contest while maintaining neutral. trace gallagher live in l.a. with the controversy over that. reporter troar would be an elective class in charter schools and public high schools in arizona and we pulled the bill, it's about two pages loongd lawmakers say it's carefully written to make sure that the bible will be taught in a restrictive way and this would not cross constitutional lines, but to do that, the experts say that the bible would have to

be treated as an historical document and the class would have to be based on the influence of the old and the new testament have an laws, government, literature, music and art. the state lawmaker who sponsored the bill says in our society, the bible is impossible to ignore. listen: >> it's everywhere around us. and to say that i don't want my child to be exposed to that is to say that, then, we might as well just not have air and breathe, because it is that implemented in our society. >> reporter: very interesting, because the supporters are getting a very unlikely ally in the group freedom from religion that fights for separation of church and state. they have no problem with the class because they believe that the bible really does have an influence on our culture. but opponents say the class would make it difficult for teachers to stick to academics and steer clear of

protheletizing. >> we oppose to this law it's tailored for one religion only. in public schools, you know, parents had that freedom that there isn't one religion being pushed on their children. >> reporter: six other states, by the way, have bible classes in public schools, megyn, but georgia is considering dropping it, not because of protests but because of a lack of interest by the students. megyn: trace, thank you. coming up, smackdown, senator rand paul saying no thanks to the patdown request of the tsa and missing his flight as a result. he is not happy with the tsa. ever found yourself in that position? he joins us live, next. and our panel, weighing in on the big campaign question, just answered by mitt romney. do they think it will help him or hurt him at the polls? and what about the rest of the field? >> do you think it's still a horse race between -- >> yes. >> yes. >> yes. >> newt went down. >> he was defensive and

didn't handle it that well about the obvious, and -- >> megyn: interesting. this is the same panel i want to point out for the the record that was very complymentry of newt gingrich last time. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ i'm always looking for new ways to help me manage my diabetes. so, where to next? take a look at this. freestyle lite test strips? they need just a third the blood of onetouch ultra. really? and the unique zipwik tab targets the blood and pulls it in. wow! look at that! and you can get these strips

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megyn: fox news alert a sitting u.s. senator says he was detained by airport security. kentucky senator rand paul upset after being held up by the tsa at nashville, tennessee. he says screeners claimed to have found and i irregularity after going through the screener. so they demanded a patdown. and he refused. even the white house is weighing in. >> i think it is essential that we take the necessary actions to

insure that air travel is safe, and i believe that's what tsa is tasked with doing. megyn: senator rand paul joins us live. so you went through the magnetometer, the alarm went off and they said we want to give you a patdown. you said no because you already showed them your knee which they said wassed the problem and nothing was there. >> i did show them my knee, pulled up my pants leg, pulled down my sock. they said they needed to do a patdown. i said last week i had a similar problem and i just got to walk through the scanner again? do you think i can do that? they were resistant to that. i spoke to several mongers and nobody seemed to have any discretion or ability to make decisions. i was detained in a cubical and not allowed to leave a certain area for an extended period of time. during that period of time i did

get my phone from my bag to call my office to say i was going miss a big speech here in washington and i was informed that because i touched my phone i was now subject to a full body search. megyn: which you also declined. >> i wasn't excited about the threat that i needed a full body search because i used my phone. i think all americans who travel, if the alarm goes off which apparently it's going off falsely in many occasions, let them walk back to the scanner. we had the tsa before a committee and insisted 6-year-old girls are not a threat to this country. if something shows up on the scan and it may be an error let them walk back to the scan. they agreed to that. i think they now need to agree to do the same for adult as

well. megyn: who is to claim for this. i had similar situations like this. i had a halter top with a jacket on it. they wanted me to take it jacket off. it's buttoned up in the front. literally had me in tears about it even of the exchange. is it a power trip of some tsa agents or is it their bosses? >> i think we are literally talking about fashion police at that pointing. i think a lot of the rules are from the top down. they are here in washington. the tsa agents i have had to deal with in nashville have been nice and friendly, but they are stuck with rules that don't make any sense. we should allow people to go back to the scanner rather than having a patdown. the scanner is going off i think sometimes because you are being selected fear random patdown and there was nothing wrong with the scan. i was told this by two tsa

agents yesterday. they are now denying it publicly. by i think the scan i are is going off on purpose when it doesn't detect anything. a good example is they let me walk through the scanner yesterday and it didn't go off and i didn't change anything my clothing. so i think they are using the scanner to try to get us to submit to random patdown checks and i don't think it's making us safer. most of us are not terrorists. let's do a background check. if you have been traveling to yemen. you have been to pakistan and afghanistan. maybe you deserve snore sky any. megyn: in defense of the tsa agents, they are worried, they are worried about another 9/11. they don't have type to run background checks on all the fliers. the fastest and easiest thing for them to do is put us through the scanner. when somebody says i don't want you to do the patdown search

that raises red flags. >> the tsa makes that same complaint. but i beg to differ. going back through the line, stepping back in the scanner might take a couple seconds, but the body search is taking oner than that and our loss of our dignity and privacy is not something i think we have to give up to have security. i think spending too much time on frequent business travelers that we are taking time away from people how do think we should spend time in advance, examining who the passengers are on a plane. if your travel history that you have been to yemen twice in the last six months or traveling to pakistan or other places in the middle east, i think you deserve snore scrutiny, but i don't think a 6-year-old girl from kentucky is a threat or a businessman or woman who travels all the time and is willing to give a background check should have to go through this invasion of privacy.

megyn: your dad ron paul introduced a bill called "the american traveler with dignity act." when they realized it was senator rand paul, they must have had a moment where they thought, this isn't going to end well. thank you for being here. this is not to disrespect those hard-working tsa agents. i had a negative experience with one. a lot of our viewers have had overly aggressive tsa agents getting up in your business and that gets irritating. just to get an idea how big the tsa is. the agency employs 58,000 of those people. their total budget for 2011, $26 billion. how many senators held up this year in only one that we are

aware. less than 8 hours to go to president obama's third state of the union address. the president expected to outline his new message on the economy. but republican leaders predict's just more of the same. >> house republicans have a plan for america's job creators. we tried your ideas, and your ideas have failed. it's time to try some of ours so that the american people can get the jobs and economic recovery they so richly need and deserve. megyn: keep it right here for president obama's state of the union address. dress bare will host our coverage 8:00 p.m. eastern time. a few weeks ago it looked like mitt romney was running away

with the republican nomination. after the break some stunning poll numbers from rasmussen. a solar flare is forcing commercial jets on earth to change course. mitt romney taking heat for his success in the public sector. is that fair? >> the man gave away his charitable contributions are a testament to what type of person he is. megyn: did you see a different mitt romney? >> yes. >> mitt romney did better challenging newt gingrich in a manner that's have failed in the past. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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stop taking vesicare and get emergency help. tell your doctor right away if you have severe abdominal pain, or become constipated for three or more days. vesicare may cause blurred vision, so use caution while driving or doing unsafe tasks. common side effects are dry mouth, constipation, and indigestion. i've worked hard to get to where i am... and i've got better aces to go than always going to the bathroom. so take charge of your symptoms by talking to your doctor and go to vesicare.com for a free trial offer. megyn: fox news weather alert. we have an avalanche warning in

colorado. four people have been killed so far this winter, including three people in separate incidents over the past weekend. also have a fox news alert from the campaign trail. it appears newt gingrich has topped mitt romney as at favorite among republican voters. rasmussen reports show if the primary election were held today 35% set they would vote for newt gingrich, 28% would choose mitt romney. that an 8-point surge in popularity for newt gingrich in the last five days. this is on a national level now. scott rasmussen joins me live. gingrich is up 8 points. soy say where did he get that from? one would assume sit would be mitt romney mp. not really, romney is only 2 points down. where is he getting the surge

from? >> you are tapping into the moist amazing story of this campaign season. mitt romney's numbers have flat lined. they have been table since october. can't move anywhere. newt gingrich has picked up some support from rick santorum, a little bit from ron paul, but mostly it's people look for an alternative. anothing conservative voters gingrich has a 33-point lead. that's where he's doing well. somewhat con require's a tossup and among everybody else, romney is up by nearly 20 points. megyn: then you talked to the voters and asked about electability, who can beat barack obama. they think newt gingrich is their man. he's got -- 39% going for gingrich. % for romney. >> this is a huge turn around.

at the beginning of the year only 17% thought it would be gingrich. the south carolina numbers turned things around. i think we are seeing two different definitions of electability. mitt romney looks like he should be the best on paper. he polls the best. he's focused on the economy. but some republicans watching those debates are saying, we need somebody who can fight and articulate the frustration that americans feel. they want to see him bring that fight to barack obama. i'm a new york giants fan. they never looked good on paper, but they are going to the super bowl. megyn: those numbers for newt are directly correlated with not just the win in south carolina but the debate per answers that precede. >> those debate performances led him to victory and it began a good cycle for him.

but gingrich was ahead in this cycle the end of november. millions of dollars in negative ads were spent against him and he fell rapidly. there is a long way to go between thousand and the florida primary. megyn: the republican establishment came out against him and hard. we'll see whether that has the same effect second time around. let me ask you about this. then you asked who do you think will be the gop nominee and overwhelmingly these same folks stepped mitt romney. by 20 points they think it will be romney even though they all prefer -- not all, most prefer gingrich. >> there has been a perception throughout the process that mitt romney was the strongest candidate. the front runner. now he is still seen as the front runner but his numbers aren't as strong as they were a week ago.

last week 70% those would be the nominee. now he's a favorite but he's not inevitable. i think the danger for romney is there is a slippage in the perception of him being the strong jest candidate in the general elect and there is a slippage in the perception that he'll convenient actually win. he wants to turn that around in florida. if i would suspect these numbers will be even more in his direction by next week. megyn: you have a front row seat for the first line on the voters. thank you so much, sir. dramatic scene in one california courtroom as a former highway patrol officer collapses. we'll show you why. a chicago father turns his son over to the police after seeing this brutal video on youtube featuring his son as one of the attackers. why this dad is saying the punishment for his son does not fit the crime. plus a solar storm unway it's so

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megyn: dramatic moments in a los angeles courtroom. a form cop says she got in a fight with her hours and they struggle and the gun went off accidentally. the prosecutors call it murder. >> we the jury in the above

entitled action find the defendant guilty of murder. megyn: the former highway patrol officer collapsed after hearing the word "guilty." she now faces up to 50 years to life in prison. a massive solar storm. take a look at this. what's it called? corona mass ejection. the largest in years. blasting the earth with radiation so powerful planes are rerouting to avoid potentially dangerous interference. >> reporter: i was trying to avoid saying it as well. this thing is actually categorized as an m-9 storm. that the second highest category. if this were a hurricane it would be pane f-4.

it is the strongest radiation on the sun in 50 years. it's a barrage of charged particles are hitting the earth as we speak. you want a better idea how big this is? that's the storm right there. and if you keep going you will see a dot that comes up that will be earth. in fact it is. that dot right in the middle is the planet earth. it goes up into the thing. it's going north of us. but the problem is it's causing a magnetic field disturbance. that's probably why your cell phone might have been on the fritz this morning. for some it means a lot higher radiation. here is astronaut tom jones. >> the raid a yaition -- the radiation levels are strong. if you are an airline passenger going on the polar route over to asia you could get increased

levels of radiation. astronauts on the space station are restricted from doing space walks because of the radiation. report the planes go a different direction. these things are ramping up up for the next year, year and a half. their pain as far as satellites go, but they are also beautiful. these will make the southern lights and northern lights for the effect couple nights just be outstanding. if you are in this country look up to the northern lights and you will see quite a show. megyn: cool story, thank you. a vicious beating caught on tape and posted online. the father of one of the kids doing the attacking turns his own son in to police. now now dad who happens to be in law enforcement says police are being unfair. "kelly's court" with the disturbing tape and both sides coming up.

and an 82-year-old man nearly killed in a moose attack saved only by his 85-year-old wife, how she took matters into her own hand. a critical moment in last night's debate when mitt romney was challenged on the matter of money. the former massachusetts governor says he does not owe anyone an apology for his success. does romney's argument fly? >> i will not apologize for having been successful. i did not inherit what my wife and i have. nor did she. way was able to build i built the old-fashioned way by earning it, by working hard.

megyn: 16 people now confirmed dead in the cruise shipwreck off the coast of italy. 17 people remain missing. in alabama, severe storms ripped through the region. a community college in north carolina, a gunman was allegedly spot near wake tech's main campus in cal -- in raleigh. police are investigating. now to the campaign trail. the focus is on mitt romney, his

tax returns and his report -- and his record as a businessman. last night during the debate was not not shy for taking credit for his success. >> i will not apologize for being successful. i did not inherit what my wife and i have. way was able to build, i built the old-fashioned way by working hard. we built businesses that grew and employed people. these are not just high-end financial jobs. i'm proud of the fact we helped people around the country, bright horizons childrens center. the sports authority. steel dynamics, these employ middle income people. the nature of america is individual pursuing their dreams don't make everyone else poorer, they help us better off. i'm not going to apologize for success or apologizer to free

enterprise. i believe it's one of the things we have to reinvigorate in this country if we want to get people working again. megyn: joining me now, our republican panel. i will not apologize for being successful. is that a successful theme, rebuttal for his wealth, as a private equity guy. >> bravo. that's what mayor case all about. a great businessman. he built great companies. he's involved in a rough and tumble business world. that's what we do in america. we are not some socialist country. barack obama talks about socialism. i can't wait for mitt romney to be our nominee and put a capitalist against a socialist. megyn: is he tapping into something republican voters feel of all income?

>> i think all republicans are cheering that and here's why. if you are low income you aspire to be middle and you upper income. it's about an aspirational type of leader and that's what mitt romney is. he's saying what government needs to do is get out of the way. megyn: some people believe he won't be able to relate to the little guy. he's a rich guy, his dad had money. he point out he didn't inherit his money but he's trying to get beyond the narrative that he can't relate to regular american folks. >> i think what he has to do is say if somebody is a good candidate it doesn't mean they are going to be a great president. we learned that with barack obama. he had lofty great speeches and charisma and look what happened. i think mitt has to address the fact that yes he doesn't have that genetic, but he does relate an does care about the american people an wouldn't be doing

this. megyn: will people hold it against him that he's not a rich guy? they call it the politics -- it's easy to feel enemies of somebody who makes as much money as he has. >> he basically -- kerry married money and democrats had no problem voting for him in 2004. romney -- megyn: somebody tweeted out a photo of romney and ann doing laundry the night of the south carolina primary. >> he plays offense and shows he has the passionate feeling the rest of the country has. that the country is going not wrong direction. >> this is what i don't get. why is he even using that word

apologize? it's like a football player apologizer for completing a touchdown pass? why even use the word? why even say it? kennedy was fabulously wealthy, so was roosevelt. bill clinton made more money giving speeches last year than mitt romney did. they are not apologizing. megyn: as the rhetoric increased on the income inequality scale. >> that's coming from obama. he's going to run a campaign based on what's fair. and he is absolutely launching a campaign of class warfare. so he is putting people -- there are people who won't vote for romney because they think he's the evil rich guy. megyn: somehow maybe it's resonating. maybe he does feel defensive.

>> rich or poor, one has the right to pursue their destiny. this country, that's what you are afforded the right to do. i don't care if he was born rich or not born rich. he's a successful businessman. i don't even know why we are having a conversation with apologizing similar to what jay said about his success. megyn: you know it's going to tart. it's not just the money. he made $20 million mostly on his investments. but also it came out that he paid an effective 14% tax rate on capital gains. but let's listen to him speaking to the tax issue. >> i'm sure people will talk about it. you will see my income, how much taxes i paid. how much i paid to charity. you will see how complicated taxes can be. but i pay all the taxes that are legally required and not a dollar more. i don't think you want someone as the candidate for president

who pays more taxes that he owes. i'll point out that's the case. will there be a discussion in yes? is it legally and fair in absolutely. i'm proud of the fact that i paid a lot of taxes. the fact is a lot of people in this country pay a lot of taxes. i would like to see our tax rate come down and focus on growing the country, getting people back to work. that our problem this country. we have a will the of people out of work. megyn: he went on to say i would hope the american people wouldn't want a path to pay more than the law required him to pay. that is an existing rate out there for better or worse. >> mitt romney is a great american success story. we need a business guy to go against the d.c. broken elite that is barack obama and newt gingrich.

>> he plays by the rules. that's what the american people -- they want fairness -- megyn: you will hear warren buffet pointing to his secretary *. >> talk about the inequity of the tax system. but mitt romney plays by the rules and the american people want winners. megyn: are the american people going to see this? >> there is no inequity in the tax system. this money has been taxed numerous times if it was taxed on his earnings, then it was taxed on his investments which is synergistic with the government and its economy. megyn: when the dividend -- >> first and foremost, the people who are crowing the loudest are not taxpayers. if an individual gets back more than they pay in, they are not really a taxpayer. they just seat money going out

every two weeks or so. but at the end of the year when they get the various credits that financially successful people are not entitled to you don't hear them saying there is an inequity there. >> let's points out that this tax rate, he didn't write it. it was written by democrats in congress it is still there because of people like chuck schumer and the democratic leadership paid by the wall street people to leave it as it is. this is not romney's fault. he's obeying the law and he didn't write the law. >> if you are explaining too much, you are losing. what mitt romney has to do is let the story go away and say to the people -- answer it in the debate and let the editorial pages talk about it. the 1%, 99%. i'm part of the 99% that thinks you are the answer. i come from the private sector that creates the makers in this

country. >> let obama create this as class warfare. let them do that. that's their game. the fact that we are having this discussion in a republican primary is good and bad. it's good because let's get it out of the way. megyn: it's not just the taxes, but it's also mitt romney's business experience. 2/3 of the voters did not care about bain capital. they didn't care it wants an issue. of the one-third that did care, none of them voted for him. he got maybe 4% of those voters. 96% said it's a deal breaker for me. is that a problem? >> in south carolina he handle the whole issue wrong. he fumbled around in the debates. now he's being aggressive. that's why he had to use the word apology. he's saying i'm not going to

apologize. by made the money on my own. he did a great job. >> one of the focuses we should talk about is in addition to the $million he paid in ded the 6 million he. megyn: did you see a different mitt romney? >> yes. >> mitt romney did better challenging newt gingrich in a manner that's have failed in the past, and especially in the week of john king. megyn: do you think it's still a horse race? >> yes. >> newt went down. he was defensive and didn't handle it that well about the lobbyists. megyn: this is the same panel that was very complimentary of newt gingrich last week. they were very complimentary.

megyn: i have got to go. >> you have a poor debate partly because there was no audience. i think he's more a theatrical guy. when there is no audience he's flat. >> he didn't look comfortable. he didn't look comfortable at all. megyn: i have got to leave it at that. but great panel as always. to be continued. we'll talk again. aren't they interesting? i think they are so interesting. they are from all different stripes and different walks of life. they like different those in this election. they are doing a great job offering a sliver of perspective. coming up. a chicago father turns in his own son to police. not you father say police and the prosecutors are being commit unfair. his worries next in a fair and

balanced "kelly's court." plus it weighs about 1,000 pounds and it's known to attack more people than bears in north america. the moose. and this man came face to face with an angry one in the middle of the woods. hear how this 85-year-old wife came to the rescue. i love that my daughter's part fish.

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specialists, lots of doctors, lots of advice... and my hands were full. i couldn't sort through it all. with unitedhealthcare, it's different. we have access to great specialists, and our pediatrician gets all the information. everyone works as a team. and i only need to talk to one person abouter care. we're more than 78,000 people looking out for 70 million americans. that's health in numbers. itedhealthcare. megyn: "kelly's court" is back in session. on the docket today, a schoolyard brawl leads a daughter to turn in his own son to police, but then questions the prosecutors. we warn you this tape is graphic and disturbing. he's got dark sweatshirt on and white sneakers. he's one of 7 teenagers charged

in connection with a brutal beating caught on tape and posted on youtube. his father is a sheriff's deputy in chicago. he turned his own son in to police when this video surfaced. now his son is the on one charged as an adult and is being held on $100,000 bail. raymond's father says it's unfair. >> he's the only one -- there are six others involved in this. they are sitting at home free, they can go to school. well my son has to sit in jail and his education is going down the tubes. megyn: mercedes colwin -- i had to literally look away. you can't even stomach what they did to this boy. they say the boy had attacked

them at an earlier time. in a brutal fashion as well. i don't know whether that mitigates it, but david you tell me dots father have a point that his son is being treated unfairly? >> i don't think so. when you are 17 years old in illinois you are treated as an adult for criminal law purposes. that mean they had no choice but to file on him in adult court as opposed to the other kids. this child 17 years old apparently has emotional issues that make him emotionally far younger than 17. according to the defense attorney. if he does, in any event i would have him hooked up with a psychologist and have them evaluated for diminished capacity. potentially not knowing right from wrong. but, i have seen this too many times in my 20 years career defending these kids' youtube fuels this stuff. there are 360,000 hits on this

youtube tape. it's craziness. these kids have to understand they are not in a movie. this is reality. megyn: you watch this video and you think where is the humanity. they beat the hell out of this kid. they kicked him in the face while he was down repeatedly. they were yelling the "n" word at him, he's asian. it's so disturbing. did the prosecutors have any choice but to throw the book at this kid? >> i don't think they had any choice. the prosecutor said we have this law on the books. he's 17 years of age. he's going to be tried as an adult. this is what case precedence has done year after year. this is not an exceptional case. with the emotional issues they will have to profit to that judge because the judge posting $100,000 bail, that is tremendous when you think about it. this kid has to come up with

$10,000 bond. megyn: the cop says he doesn't have $10,000 to post. what sort of message -- even though we want to send a message discouraging violence even in retribution for earlier violence. what sort of message does it send -- the kid's dad turned him in now he's the one getting treated way more harshly than theoers. >> here is the thing people don't understand. in juvenile court where the other kids are, there is no bail to be filed. if kids are released to their parents, and the crime wasn't excessively violent. the kids are simply released. the judge isn't going to give him anwn recognizance release.

he is stuck in this gray area. the father did absolutely the right thing. megyn: wouldn't you now -- we all love our children. we all love our children. we would be horrified if we saw them doing this' wouldn't it give you some pause if you know this story that the one who turned in his child because his kid happened to be 17, not 16, got the book thrown at him, is being charged as an adult, could have lost his whole future, not that what he did was okay. but as a disincentive to other parents does the judge consider that? >> i think that's an excellent point. i think a lot of folks will be discoveraged from going forward. as a law enforcement official the father knew the consequences of what could happen to this son. by i don't -- given the facts and circumstances and that videotape being so damning i don't think the prosecutors had a choice but to do this.

megyn: one of the people charged was a girl. there was a person videotaping who posted it on youtube. assuming that that's the girl, does she get treated the aim as the attackers under the law? >> absolutely, megyn. the youtube case allowed authorities, prosecutors to assess the varying levels of culpability based on what each kid did. they will all get probation and i suspect pal any note adult will as well. he should get counseling and paying that kid for his doctor's bills which i would guess would be excessive. megyn: the kid did go to the hospital for abrasions but was released and i think is okay from what i read. thank you both so much. coming up we'll lighten the mood with the moose on the loose.

an 82-year-old man is attacked by a half-ton animal. but then his 85-year-old wife comes to the rescue. we'll show you what happened. or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: a minor setback for general motors in its push to sell hybrid cars. some dealers are concerned about the recent safety issues with the volt's battery pack. and others discoveraged by the volt's poor sales. an 85-year-old woman taking on a moose to save her husband's life. all she had was a shovel and a whole lot of guts.

>> reporter: it was 30 below zero in alaska. they decided to take their dawgds out for a walk in the country. loaded them in the truck and got out for a walk. when they were done her to think got -- dorothy got back in the truck and the dogs went crazy. she got back out of the truck and a moose was stomping on her husband. he dove into a 4-foot snow bang to avoid the moose, but it didn't work. listen to him. >> the moose trampled on me with his front hooves. and then he would back off and i was hoping that he would leave. but he kept coming at me i don't know how many times. >> reporter: he kept going at him. the moose did not back off. her to think grabbed the shovel

and began smacking the moose that looked a lot like this one. but the moose would not leave her husband alone. so then dorothy saw her husband was bleeding and she got mad. >> it slowly turned. and when it turned it hit it with everything i had. the dog then practically climbing up his legs biting him. an got going and the dog chased him up the road out of sight. >> reporter: he suffered broken legs and cuts to his head and arms and legs. megyn: coming up. see this? apparently the educators didn't. that's next.

>>megyn: embarrassing mistake outside of a high school in new york city. the word "school," with a rogue "h." look at that. os