jenna: thanks for spending your time with us today. jon: fascinating hour or two. "america live" starts right now. megyn: fox news alert on growing tensions between the united states and egypt over a group of americans effectively being held hostage by egypt's military council. welcome to "america live," everyone, i'm megyn kelly. a new round of bad news on the efforts to free 19 americans. the egyptians canceled meetings with u.s. lawmakers scheduled for today as we mark 18 days now that this crisis has dragged on. we hope to learn more in a white house briefing just ahead, but we're going to get to trace gallagher who's live with more. >> reporter: and, megyn, we just got some news from our capitol hill producer. she just spoke with senator john

mccain of arizona who says that if these 19 americans are not allowed to leave egypt by next week, he will travel to egypt to try and talk to these generals. remember, the generals just stood him up yesterday, so says mccain. we are now hearing the white house, the state department, members of congress saying this situation is clearly deteriorating. nineteen americans still being banned from leaving egypt, and many of them, including sam lahood -- the son of transportation secretary ray lahood -- are holed up inside the american embassy because they're afraid they might be arrested or put on trial. meantime, the military leaders in egypt say their hands are tied because this was done by the judiciary, and they can't overrule the judiciary. and yet you have critics inside egypt and outside who have publicly stated that the military is the one who cracked down on these ngos, these nongovernment organizations because the generals believe these organizations are using outside money to gin up the

protests that you see right here and try and destabilize what's happening inside of egypt. remember, the protesters want the military rulers to try and turn over, to transition power to civilians. um, here is the, he is white house secretary, press secretary jay carney talking about communications within egypt. play this. >> we have made clear both in our public statements and in our private communications how seriously we take this and that these actions could have consequences for our relationship and for, um, our assistance program. >> reporter: the assistance he's talking about, by the way, is $2 billion the united states gives egypt in aid, it's predicated on a 1979 peace treaty that israel signed or that egypt signed with israel. but it's also predicated on egypt making turns toward democracy. and right now that money is very much in jeopardy, megyn. they're not going to put a check in the mail when 9 americans are

not -- 9 americans are not -- 19 americans are not being allow today leave that country. megyn: trace, thank you. we are also hearing that egypt is moving forward with its plan to put on trial a group of nonprofit workers. despite a threat to cut off more than $1.3 billion in annual aid. we're talking about americans back here who have just found out they've been indicted in egypt, and according to a gallup poll, 73% of egyptians oppose further u.s. aid to egypt. they don't even want it. this situation is growing more serious, and coming up we will speak to the director of one of those nonprofit groups working in egypt toward democracy. at least four of this man's colleagues are being held, he is also considered a fugitive by the egyptian government, and wait until you hear what his plans are with respect to his own future in that country. new fallout today from a controversial super bowl ad. clint eastwood is defending his

appearance in a chrysler commercial saying, quote, there was nothing political about it. the commercial talks about the rebirth of the car industry, and some say it comes across like a campaign ad for president obama. >> all that matters now is what's ahead, how do we come from behind, how do we come together and how do we win? be -- detroit's showing us it it can be done. what's true about them is true about all of us. we can't be knocked down with one punch. we get right back up again, and when we do, the world's going to hear the roar of our engines. yeah. it's halftime, america, and our second half's about to begin. merck meg rich lowry is editor of the national review and a fox news contributor. he took up this issue in his column today calling the ad prop begannistic and half baked. what don't you like about it, rich? [laughter] >> well, it's a very evocative

ad, obviously. you just hear that voice, megyn, you want to salute and charge into battle. he's great at that kind of gravely-voiced sense of authority that only clint eastwood can deliver. but, look, this is an ad, and it dovetails with the obama administration's message both chrysler and the administration want to portray these bailouts as a wonderful american success story -- megyn: that we've all pulled together. >> right. and that was the other thing, is it really echoed the theme at the end of president obama's state of the union address where we need to put all this argument and discord behind us and just unite behind government policies that include massive bailouts of struggling companies. megyn: do you feel like there was a suggestion that, you know, if we don't pull together to support things like the bailout of the automotive industry, we're against clint eastwood? [laughter] >> maybe a little un-american, you know, that we can't pull

together in this great, patriotic endeavor. look, everyone is happy that the auto companies are doing better and they're off life support, but the u.s. treasury estimates, and can the u.s. treasury's not a right-wing outfit the last time i checked, that we're losing about $25 billion on these bailouts. these companies, they needed to go bankrupt, they needed to go through that process, and they would have survived coming out on the other end without the taxpayer losing money on them, and they'd probably be even leaner and meaner than they are today. certainly, gm would have survived just an ordinary bankruptcy process. megyn: can you imagine lowery and eastwood in an alley? [laughter] >> no, i don't want to. l he'll be better armed than i would be. megyn: you know, he did give a written statement. you know, i don't know eastwood but o'reilly, of course, does, and he gave a statement to ron mitchell who's o'reilly's producer, and he said i'm certainly not politically

affiliated with obama. i think all politicians will agree with that, and he says he's not supporting any politician at this time. do you take him at that, or do you think, actually, his ad whether intended to do so or not is helpful to the president? >> yeah. i can't get inside his head, and i take him at his word. maybe he just doesn't follow the political and public policy debate as closely as some of the rest of us. megyn: he was a mayor. he was a republican mayor out in carmer. >> this was a pro-bailout ad. and why doesn't chrysler tell us how great their cars are? i'm sure clint eastwood can make great sales for jeep or whatever else it is. why do they need to tell us how wonderful the bailout is? i think it's something they should apologize for. megyn: that'll be the next ad. [laughter] that'll l be the next ad. that thing i said during the super bowl, forget about that. we're sorry. thanks, rich. >> do it during the third quarter, you don't have to do it

during halftime. megyn: well, some ugly new predictions on gas prices today. by the time memorial day rolls around, you could be paying nearly $5 a gallon to fill up your car. industry analysts are saying everybody can expect a huge price spike over the next three months, 60 cents or more by may. cheryl casone is here live with more on that happy tale. why, cheryl, why? >> it is all in anticipation of what could be, and we're tacking oil prices here at fox business network. right now crude is up, we're at 98.83 a barrel, that's up $1.89. some of that's because of what's happening in europe. but, look, if we continue to see all this rhetoric that is coming out of iran, will they close the strait of hormuz? they've been threatening to do that for a long time, but you have to take this stuff seriously. and also the tensions between iran and israel, all of that keeps oil prices elevated. what you're going to see is these predictions of higher gasoline prices for $5 by may because we simply don't know what's going to happen in the

middle east. l at the same time, if we do see the rhetoric dialed down a few notches, then you would see it could be a 50-cent fall in oil prices almost immediately. so we just don't know. the summer blend peak which is the changeover, that's going to be march, megyn, that's when we're going to really kind of figure out where we're at, and we'll have a better indication of what we're looking at. but at in the point, i guess, better safe than sorry is what the economists are trying to tell the american economy. be ready just in case. of. megyn: wow, cheryl. thank you. >> you bet. megyn: fox news alert, we are now learning that the ninth circuit court of appeals has ruled california's voter-approved gay marriage ban is unconstitutional. the california voters passed what's known as proposition 8 back in 2008. now, that law outlawed same-sex marriage by amending the state's constitution to only recognize marriage as between a man and a woman. then in 2010 a u.s. district judge struck down that marriage

ban, and the federal court of appeals, the ninth circuit federal court of appeals, just agreed with that rule anything a 2-1 decision. when you say the ninth circuit, you're talking about, basically, a panel of three judges. it's a 2-1 ruling. we're going to have a live report on this, but you can expect that those who backed prop 8 are either going to ask for a review by the entire ninth circuit, all the judges -- which you can do -- and/or appeal up to the u.s. supreme court. more on that shortly. well, we are closely watching a developing story involving the efforts to free 19 americans blocked from leaving egypt. up next, we will speak with a man who came close to being one of those hostages, and find out why he says he wants to go back and challenge egyptian leaders. does that seem like a good idea? and did the army break the law when it told chaplains to be quiet about the obama administration's new health care rule requiring catholic institutions to pay for birth control? we'll show you what happened and see why critics are so angry about this. and supreme court justice

ruth bader ginsburg just told one country shot to use the -- not to use the u.s. constitution as a model as it tries to transition to democracy. we'll clarify exactly what she said and why she said it. >> i would not look to the u.s. constitution if i were drafting a constitution in the year 2012. so, this is delicious

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buno way it's calories, right? no way. lady, i just drive the truck. right, there's no way right, right? have a nice day. [ male announcer ] 80 delicious calories. fiber one. megyn: fox news alert, we are hoping for new details on a developing crisis in egypt when the white house press briefing begins in many about ten minutes. nineteen americans have essentially been held for two and a half weeks now unable to leave. my next guest is the director of one of the nonprofit groups being targeted in egypt. at least four of his colleagues cannot leave that country, and he just learned 48 hours ago that he is considered a fugitive by the egyptian government. charles dunne is the freedom house director for middle east

and north africa programs. i spoke with him momentsgo. charles, thank you very much for being here. >> my pleasure. megyn: first, just tell us in general terms we can understand, what were you doing in egypt? >> what we were doing in egypt is implementing programs designed to help the democratization of the country and advance human rights. we have a number of egyptian partners that we've been working with, they continue to want to work with us, and we're determined to carry this through. megyn: so you've been over there for how long? >> we've been over there since at least 2004, but in the mubarak era we weren't able to operate on the ground, so we had one consultant who helped us carry out our program mostly offshore. megyn: okay. and then when did you personally come back to the united states from egypt? >> well, i was there in october for a visit in which i was accompanying a congressional staff delegation there to meet with various officials and so on. i went from cairo to tunis and then had to be called back to cairo to help deal with this

crisis that began when, you know, we were receiving threats to our staff in egypt. megyn: what, when did you learn exactly that you had been indicted by the egyptian government? >> well, i learned first on sunday when i opened up my e-mail and saw that there was a list published in the official newspaper. that's when i first found out about it. megyn: was that news to you? what, what is your understanding of the charges against you? >> well, it was news to me, and it was quite a surprise because it's a real escalation in the egyptian government's confrontation with the united states, frankly. um, what we understand our office is being charged with is opening an office illegally and receiving foreign funds without prior permission with a motive of creating instability and chaos in the country. none of this is true. megyn: you've got colleagues who are over there in egypt right now unable to come home. we're talking about american colleagues who cannot get out of the country of egypt.

>> yes. all of freedom house's staff is egyptian. they're not going to leave their country. and they want to stay there and face these charges. um, we have sister organizations like the international republican institute and the national democratic institute, they do have americans and third country nationals who are there and they can't get home, and we're very worried about that too. megyn: and now egypt says it will proceed with prosecutions of these americans, including you. they want you to come back and stand trial. do you plan on doing that? >> that's been a subject of open discussion in our offices today. two of us who are named in this indictment would like to be able to go back to egypt to face this. i was a former u.s. diplomat in cairo. of i served there for three years as the political-militarily yea son officer between the embassy and the people running the country. of it's shocking to me that they could put me on this particular list. but if they want to talk to me, i'd like to do that. megyn: charles, i mean, that sounds like crazy talk.

why would you go back to egypt right now? you may have been a diplomat, but those times were very different, and it seems clear that they don't have an open mind when it comes to pro-democracy groups like yours right now in egypt, otherwise your colleagues would be given tickets out of the country which they can't even get right now. >> well, no, that's correct. i mean, you know, our colleagues can't leave the country, but there's got to be a political resolution to this particular crisis the egyptian government has itself created. if i can play a role in helping that to happen, i would like to do that. but it's certainly something that's going to have to be decided at the highest levels. megyn: are you married? >> i am. megyn: yeah. does your wife support this? [laughter] >> my wife is the egypt expert in our family, she's head at the atlantic council. no, she doesn't support this. megyn: so when you say at the highest levels, you're not going. [laughter] >> uh, yes. you've got that right. yes. no, the highest levels in our family have spoken.

but i really am serious about wanting to help resolve this crisis and help egyptian civil society be able to operate freely. i mean, because really this is not just about americans, this is really about the 400 egyptian organizations that are also under investigation. and if they're shut down, i'm very fearful for the future of the democratic transition in this country. megyn: can you believe the hubris of this country as we give them over a billion dollars in aid every year, and as we are renegotiating on that aid not to let these american citizens out of their country and now saying they'll be prosecuted, including individuals like you, even including americans who aren't even in the country? >> right, no. it's a shocking overreach by the egyptian authorities. i mean, i can only conclude that they are trying to escalate this confrontation to achieve some political credibility in their own country which has been terribly tarnished recently by a number of, you know, shocking events that have taken place in egypt including, you know, the recent riots in which 79

egyptians were killed because of a lack of police presence in port suez. i really think that the egyptian government is escalating this almost beyond the point where it is productive. megyn: yeah. i need a quick answer, but i know you think it's going to end badly in terms of of our relationship we egypt. what do you mean? >> well, i mean that they're facing an imminent showdown in congress about the future of their military aid, and plenty of people in congress are extremely upset about this. they're very serious about cutting off military aid if egyptian government doesn't change course very soon. and i think we are coming to a crisis point on that which will really affect the overall relationship. megyn: it really will. and there's a question about, you know, you can only pull the aid once, so do we want to pull that trump card now or wait until things deteriorate further between egypt and israel, you know, when do we do it at all? listen, charles, thank you for

coming on. we'll continue to follow your story. all the best. how about that? how about that? taking your thoughts on it at kelly@foxnews.com. well, we've got major new developments this hour on a big controversy, one of the top leaders of one of the country's biggest breast cancer groups, the susan g. komen foundation -- do you remember this dust-up last week? she just quit in a political fight over funding planned parenthood. this is the woman who they say was behind the decision to defund planned parenthood. all the planned parenthood zeroed in on this woman, karen handle. then comen reversed its decision. handle is now out, and she joins me live for her first national cable interview in just a short bit. plus, we are today getting our first look at just how far the drug cartels will go when it comes into bringing drugs into the united states. elevators, tunnels, all hidden 90 feet below ground. wait until you see what else. >> a long tunnel, six feet high,

four feet wide, dug right out of the soft clay beneath the border. how many people get to come down and see something like this? this is pretty wild. >> this is very interesting even for me. "why did i roll over my i.r.a. to scottrade?" "for starters, it didn't cost me anything." "and i got a one-hundred dollar cash bonus for rolling over by april 16th." "i like bonuses." "plus at scottrade, there are thousands of commission-free investments." "and if i need help, i can find it online, by phone or at one of over five-hundred scottrade locations." "it's why more investors with i.r.a.s are saying.." "i'm with scottrade." ♪ [music]

megyn: fox news alert, we are now getting new reaction on a story that broke a little more than an hour ago. a top ranking official from america's leading breast cancer charity has just resigned in a political fight over funding planned parenthood. last week the susan g. komen foundation announced it would end donations to planned parenthood because that group was under congressional investigation. liberal groups slammed the decision, and three days later komen reversed itself. now karen handle, a senior vice president at komen, has just resigned. saying she was, quote, deeply

disappointed by that reversal. now, she has been made into a villain in this story by some folks for her pro-life views and agenda. coming up, karen handle will join us live for her first national interview hours after stepping down. we wanted to speak with her last week, we were not able to while she was still with the komen foundation. she has just pulled the plug on that relationship, and she will come on, and we'll have the chance to tell her side of this story. was she really the one behind the decision to yank planned parenthood's funding in the first place? what was the real reason susan g. komen foundation reversed that choice? and why is karen handle now stepping down? that's coming up in just a short time. we also have more now on that breaking news from the top of the hour, a federal appeals court, the ninth circuit court of appeals, declaring that california's same-sex marriage ban is unconstitutional. this is a constitutional amendment that the voters put in

place, and the ninth circuit court of appeals up there has said that in and of itself, the constitutional amendment, is unconstitutional. not allowed. claudia cowan is live in san francisco with more. claudia, i understand it was a 3-1 decision. -- 2-1 decision. >> reporter: that's right. and not much of a surprise, megyn. many court observers said the line of questioning during oral arguments seemed to indicate that the appellate court would lean in this direction, and others point out that the plaintiffs' lawyers, ted olson and david boies, they did a brilliant job at the federal court level setting the record that the ninth circuit panel used for guidance. also the three judges who heard the case are among the court's most liberal and senior members. many were not surprised to see this decision but, of course, megyn, it's not the final decision. megyn: absolutely not. because there is plenty more litigation ahead, claudia. >> reporter: there is. you know, supporters of proposition 8 say they will now ask for that en banc review from

the ninth circuit, and it would mean that 11 judges instead of just three would hear the case. and be they lose there again, they will then go to the u.s. supreme court which is really where this landmark case was always intended to land. and despite today's ruling, it is almost certain that gay marriages here in california will remain on hold while the legal process plays out. megyn: claudia, thank you. well, speaking of the u.s. supreme court, supreme court justice ruth bader ginsburg had some interesting advice for government-building egypt. >> i would not look to the u.s. constitution if i were drafting a constitution in the year 2012. i might look at the constitution of south africa. megyn: really? well, those remarks from a sitting supreme court justice have now touched off a fierce debate, and we will bring you that in three minutes. and israel may be putting pressure on the united states to act against iran. high-level meetings going on today in washington. we're going to speak live with one of the generals who is

briefing the secretary of defense on this. he is with us live just ahead. and is it possible for a television show to change the rules on marriage? maybe. at least in one state. ♪ [ male announcer ] drinking a smoothie with no vegetable nutrition?

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megyn: well, justice ruth bader ginsburg had some interesting words about the u.s. constitution which is, of course, the document that she upholds on a daily basis when she sits on the u.s. supreme court, although her critics would deny that. [laughter] during a trip to cairo last week, justice ginsburg told a reporter that egypt's revolutionaries should not use the u.s. constitution as a model for their new government. instead, she has another country's founding document in mind. take a listen. >> i would not look to the u.s. constitution if i were drafting a constitution in the year 2012. i might look at the constitution of south africa that was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary. it really is, i think, a great piece of work that was done.

megyn: can't you just hear the critics of the high court now, in particular those on the left, critics of the justices who are on the left work being with that clip? joining me now, leslie marshall, a fox news contributor, and lars larson, also a syndicated radio host. you know, lars, i have to say o'reilly and i have been dueling about justice ginsberg for a while, and he doesn't really believe she's a big believer in upholding the constitution. i can foresee the eggment that -- segment that he is going to do on this, and i can also foresee that you are going to be on his side. [laughter] >> i think we should grant justice ginsburg an honorary spot on the aforementioned ninth circuit court out in california that gets reversed by the supreme court all the time. she is a de minimis member of the supreme court, she is an anti-american -- megyn: an anti-american? >> oh, god. >> she regularly says that our court decisions should be guided by courts in europe and

decisions in europe and other places in the world. first of all, she recommends south africa. have you looked at that constitution? i have. it says that everything is right; food, water, shelter, everything. and she refers to canada as a better place to look for a model for a new constitution for egypt. canada has hate speech laws built into their constitution so that you can actually be punished like mark steyn was for saying the wrong words. those aren't the constitutions that an american justice could point towards -- megyn: i've got to challenge that saying justice ginsberg is anti-american. it is a very controversial thing to do, i grant you. some of the left judges on the court do it, but you can't call her un-american. look at her. she served her country faithfully, they don't get a lot of dough on the u.s. supreme court. she sits up there, and she's -- >> i wish she would, can we get her a job somewhere else? megyn: don't call her anti-american. drawing the line there. leslie, does he have a point, however, that when you're sitting on the supreme court and

you're asked about the constitution for egypt, maybe it's not a great idea to say i don't know about that u.s. constitution? >> megyn, i'm going to say let's look at what she said in its full contention. and -- context. and this is what she said. our original constitution, she said, had no women involved in the creation or writing of it. she also said that our original constitution was not only unfair to women, native americans and immigrants, she also spoke about how the men in philadelphia who wrote this were smart. she speaks about of, for and by the people, we the people, our first amendment, all of the merits of this constitution. checks and balances, independent judiciary, etc. what she is clearly saying is today in writing a constitution, and she said specifically, she gave examples of south africa and canada, but she also spoke of looking to all the constitutions of the world before writing their own. we, the people in america have a constitution -- >> actually, leslie --

>> -- have a constitution for we americans. it may not be best for egypt. megyn: go ahead, lars. >> let me correct something you said. you said she said look to all the constitution. she specifically said i would not look to the u.s. constitution. and i'd ask megyn. megyn's a lawyer, i'm not. has the u.s. constitution served women well today in 2012? i believe that it serves all americans well, and i think ginsberg is being anti-american to say i would not look to the american constitution, look to these other documents elsewhere. megyn: well, couldn't it just be, leslie, that she thinks for a country like egypt emerging now, in today's day and age, there might be a model that's better suited for the egyptian people? i mean, not everybody has this their soul the spirit and the resolve and the goals and the, you know, desires that american, that the american people have. >> absolutely. i visited egypt in '96 when mubarak was the president. it's a very different egypt today. however, if you notice the youth that started that movement,

incredible and overthrew a dictator, they don't want entire separation of mosque and state which is in our first amendment. they're a very different country, a very different culture. so what works and is best, as i said earlier, for the united states entirely may not be in 100% of the best interests of the egyptian people. this is their country, their government, and they need to form their constitution, not just copy ours. megyn: you know, there's a piece out there, lars, i think it's from liberty council that talks about how they believe that this is, they find it distressing, and they talk about how she's entrusted with a duty to interpret the constitution, so it's unacceptable for her to, quote, fail to respect the authority of that document. did she fail to respect it authority by this comment? >> yes. she did fail to respect its authority in saying it is not a good model for today's world and instead pointing to a constitution like south africa. that place is a train wreck. it has failed its people.

if she seems to think that the people of egypt deserve the fate of south africa, that place is terrible right now. it has failed its people, and she thinks their constitution is a good model and america is not? america's constitution has served its people well for more than 200 years. south africa has failed its people. megyn: it does seem she's very focused on human rights, and, you know, this is a big debate. it's not the right-leaning justices on the high court don't believe in human rights, but the criticism of some of the leftist judges, leslie s that they think everything is a fundamental right, everything as opposed to just leaving it to the state legislatures or lawmakers to decide, okay, this is the right decision. they leave it to nine justices wearing black robes to tell us what our rights are and what they aren't. >> you know, not every christian who reads the bible believes every word of the bible or would have arguments or questions about it and its interpretation. much with our justices, i believe, if you sat 'em down and hooked 'em up to a lie detector

test and said do you really like that, what would you change and, lars, you guys on the right are constantly trying to amend the constitution. flag burning, a baby born in this country can they -- so you obviously believe -- >> leslie, i've got to tell you something -- >> she is doing exactly what we americans are allowed to do: speak freely without such, without being thrown in jail. >> leslie, i'm not trying to deny free speech, but she suggests that these other constitutions where rights appear to come from a government document. in america we believe that rights to the human beings come from god and that government's number one function is to protect those right cans make sure that nobody takes them away including d.o.t.. megyn: all right, panel. thank you so much, i appreciate it. [laughter] >> de minimis justice. megyn: and you're not referring to her size because she is a tiny lady. but i know for a fact even the conservative justices on that high court think the world of justice ginsberg and respect her

and would take issue with lars' comment that she is anti-american. sr. o ri, lars, i had the last word on that one. well, the u.s. army's highest ranking catholic is furious about the new rules covering church institutions to cover birth control and sterilization. when he went to address the issues with catholics in uniform, the army told him, no, pipe down. why the army may have some serious trouble in having done that. and after years of campaigning against big money and politics, president obama just completely reversed himself. we'll show you the big change he just announced and look into why he's doing this now after this moment, a lot of our viewers may remember. >> last week the supreme court reversed a century of law that i believe will open the floodgates for special interests, including foreign corporations. [applause] to spend without limit in our elections. @=h

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megyn: new fallout today over the obama administration's policy requiring all employers, even religious ones except for churches, to offer birth control coverage with no co-pay, and that would include coverage of sterilizations. the u.s. army's highest-ranking catholic was angry about the new health care rules, but when he went to address the issue with catholics in uniform, the army told him, no. archbishop timothy bowl owe had written a let they are read in part, quote, it is a blow to a freedom that you have fought to defend and for which you have seen your buddy cans fall in battle -- buddies fall in battle. joining me now, peter -- >> the archbishop in charge of all of the military services of the army, the navy, all of the corps in the united states for the catholic faith had a letter with regard to the obamacare mandate -- megyn: and it was happening all over the country. it's happening outside of the military as well. >> around the country, and he

said we cannot, and we will not comply with this unjust law. that was part of what he wanted catholic chaplains to read at mass on sunday. megyn: and then who -- >> and then the army stepped in and said you can't say that. you can't say that and made them take it out, take it out. megyn: so the army is messing with the sermon that's being delivered by the army chaplains, by the catholic -- >> what we have and what we've seen is an example, and i have never seen it in american life at any time, and it's momentous, and it's disturbing. censorship in a worship service. censorship on a sunday. censorship on a saturday if it was a jewish religious ceremony. and so the army is saying, no, we find this objectionable. you're a military officer. but we know, megyn, that the case haw in this country says -- case law in this country says that, you know, chaplains have

the right to say what they want to say -- megyn: it's really clear. been decided on point by the u.s. supreme court. >> you pointed out to me earlier, 1997, this goes back to a case in which the priest sued the department of defense on a similar issue with regard to partial-birth abortion and about the ability for catholic priests to speak out on this issue. and so, unfortunately, what we see here is a gross, horrible reaching in by the government, the happened of the government says -- the hand of the government saying, priests don't say that. say that at your own peril. megyn: well, they said they could put it in a circular and distribute it in writing at the back of the church. does that get them past the legal standard? >> no. maybe it gets them past the legal standard in 1949 in poland or hungary or czechoslovakia or the eastern bloc countries where people of faith were imprisoned and tortured and sometimes killed, and churches were closed down, and none ris were closed,

and convents were closed, and seminaries were closed. and i don't want to overstate this, but it's so alien to our culture morally, legally and constitutionally to say to any person of faith i'm going to prohibit you, i'm going to select what you say, i'm going to edit what you say, i'm going to prescreen it. talk about chilling. megyn: well, they all ltly had a sit-down, the army and the archbishop, and they came to a resolution where they were allowed to deliver their message, right? the archbishop, the priests were, but they had to edit somewhat. >> my understanding they had to take that line out -- megyn: that had to go. >> so i say as a lawyer, as a constitutionalist, um, as a catholic, as a proud american how dare you. how dare you reach into any organization, any church, any mosque, any temple and say as part of the service you can't

say x, y or z. megyn: they say they thought that line might lead to -- the secretary of the army said we thought that might lead to civil disobedience, you know, we cannot and will not comply with this law. everything else can be said, not that. >> maybe josef stalin said that, maybe adolf hitler said that in the past when faith was eliminated. when faith is eliminated in china still today. that's not the america that you know and i know. and the reason you went to law school and i went to law school and why my father fought in world war ii and your relatives fought in vietnam and -- is that our america? megyn: you know, the timing is interesting because david axlerod who's one of the top, or he is president obama's top political adviser has just come out and spoken to this rift between the catholic church and the white house and said it's time for people to, quote, lower our voices and get together on a way to phase in this new policy. i mean, it's, basically, it's

happen, now lower our voices. what do you make of that comment in light of this dispute? >> that's chilling to make, that's chilling speech. that's chilling the worship of the faith you choose to worship. what the catholic faith is saying is that they have a theological, ecumenical, a moral, a natural objection to obamacare's mandate that bishops and priests be involved with handing out abortion drugs, materialization and contraception. it's not a political statement. for catholics and other people of faith, it's a religious statement. megyn: right. >> and that impacts the real goals and rules of american life which is the first amendment. some of my dearest friends have been chaplains, military chaplains. they've given their life for this country. look at the four chaplains that died in world war ii. they gave up their life vests so that other americans could live. four people of different faiths. megyn: yeah. >> faiths have to stand

together, first amendment brings us together. this doesn't. megyn: peter, thank you so much. >> good to see you. megyn: coming up, growing argument over good behavior and political leaders after president obama reportedly walks out on remarks by former governor jeb bush.n. governor jeb bush.n. was this really that bad? and rushes relief to the site of your tough pain. it's proven to relieve pain twice as fast as before. bayer advanced aspirin. i'm bidding on a 1979 dukes of hazzard lunchbox, but my auction ends in 15 seconds ! even worse, my buddy's bidding on the same lunchbox. it's airbrushed ! but i've got verizon 4g lte.

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megyn: well, you are about to get a rare look at something few people ever get the see. inside a drug tunnel between tijuana, mexico, and san diego. but this is not just any tunnel. it is the largest one ever found, and it's rather hi-tech. trace gallagher has more live in our west coast newsroom. >> reporter: i've got the tell you, megyn, they have found more than 10 o 0 of these tunnels in recent years, but they have never found a tunnel like this. it was built beneath a warehouse district in tijuana underneath

the most secure border entry in maybe all of the world, and it went up in a warehouse district in san diego. it was hidden, actually, by a bathroom, and the bathroom had a hydraulic floor, so you just lift up the hydraulic floor, and you go down in the tunnel. how deep? get this. it was 90 feet, nine stories deep which is the deepest tunnel that's ever been found. megyn: wow, there it is. >> reporter: see, isn't that cool? you lift up the floor and, boom, you go down. they put a ladder down this thing, nine stories. once you're in there, it's six feet high, four feet wide. they had power cables for electricity, phone lines, you know, in case you need to call the drug runners when they're getting the drugs back and forth. now they're using this thing to actually train border patrol agents to kind of give them a better idea of these underground networks. you wouldn't get agent gallagher down there 90 feet down because have you heard of earthquakes in southern california? heard about 'em?

megyn: good point. before i let you go. how does that hydraulic elevator lift sound again? [laughter] >> reporter: and then you go right down. megyn: you really brought us there. thank you. >> reporter: it's what i do. we couldn't get the actual sound, so -- megyn: i don't think we've ever seen a rising toilet on the show before. that was exciting. >> reporter: no. not over a drug tunnel. megyn: thanks, trace. >> reporter: okay. megyn: israel may be putting pressure on the united states to act against iran. high-level meetings going on today in washington. these are iranian war games. we're going to speak live with one of the generals who is briefing the secretary of defense on this just ahead. plus, we could be near a major settlement in the housing crisis where millions of underwater homeowners get a break on what they owe. but there's a catch, and by the way, who's going to get it, who isn't? and could a reality tv show change the rules on marriage in at least one state? that's on the docket in kelly's court. ♪

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megyn: . welcome, everybody. i'm megyn kelly. the president asking his top fundraisers to back a political action committee that supports his reelection bid. not long ago this was the president's take on so-called super pacs. >> last week the supreme court reversed a century of law that i think will open the floodgate.for foreign corporations to spend without limits in our elections. [applause]

i don't think american elections should be bankrolled by america's most powerful interests or foreign enemies. they should be decided about it american people. i urge democrats and republicans to pass a bill that helps correct some of these problems. megyn: steve centanni live with more. >> reporter: the obama campaign says it doesn't want to fight his reelection campaign with one hand tied behind its back so they are sending the significant that they will accept the large-scale donations from the super pacs. this runs counter to his expressed preference on fundraising. >> would i love to take some of the big money out of politics? i would. unfortunately right now partly because of supreme court rulings and a bunch of decisions out there, it's hard to get your

message out without having some resources. >> reporter: so democrats are being outpaced by republicans who raised tens of millions to just over $4 hi for the largest democratic super pac called priorities u.s.a. rick santorum had this view of the president's change tactics. >> this is typical obama. whatever is necessary for him to keep power. it's not a matter of doing what's right. it's always a matter of doing what's best for him and what accumulates power. >> reporter: the president's campaign explains in a statement. with so much at stake we can't allow for two sets of rules where the republican nominee is

the beneficiary of unlimited spending and democrats unilaterally disarmed. so administration officials and campaign officials will be making appearances at fundraising events for priorities u.s.a. megyn: it's game day for the republican presidential candidates. voters heading to the polls in three states. first up a primary in missouri, minnesota holding caucuses. analysts say the race here is wide open. mitt romney is looking to launch a convincing win after new hampshire and florida. romney entering the race in minnesota with a home-town advantage. his three rivals are looking to upset his plans.

fox news is your election headquarters. keep it here for primary results. for the best context and analysis you can go to foxnews.com/politics/elections. new fallout in the susan g. komen foundation controversy. karen handel has just resigned. this drama started a week ago when susan g. komen decided to cut funding to planned parenthood because that organization was under investigation. it sparked a firestorm and days later it reversed itself. then a high-rankle executive at komen stepped down saying she was dismayed by the flip-flop. karen, let's get to the bottom

of this. there has been a lot of speculation about your role in this. the huffington post came out with a long interview claiming they have spoke within anonymous sources and reviewed documents and they say you were the sole authority in crafting and implementing this policy at komen that would defund planned parenthood. your response. >> first of all, i clearly acknowledge that i was involved in the process. but to suggest that i had the sole authority is just absurd. the process was vetted. the policies were vetted at all the appropriate levels in the organization. but i think the real point here is that, you know, let's keep in mind susan g. komen for the cure is a great organization. and the last time i checked, private non-profit organizations have a right and a responsibility to be able to set the highest standards and criteria on their own without interference let alone the level of vicious attacks and ohers

that -- and coercion that occurred by planned parenthood. megyn: were you amazed by the pushback when komen decided to defund planned parenthood? >> absolutely. for komen and i'm speaking for myself since i did resign this morning. i want to clarify that. i resigned because it was clear that all of this hat gotten to a point where it was ratcheted so high, i was too much of a focal point. susan g. komen for the cure is a truly great organization that has done wonderful things. it has made an extraordinary impact in the fight against breast cancer. i thought i had a responsibility to step aside so they can refocus on their mission. megyn: understood. but there was a lot of pushback. >> there was tremendous pushback. megyn: they thought you were the person and you had run for office and said you wanted to

defund plan the parenthood and you brought that agenda with you when you went to komen. i'm not suggesting that's right or wrong, i'm trying to ask you whether that is true. >> absolutely not. for komen and myself the mission was always foremost in everyone's mind. the mission and the women we serve. the only group that made this political is planned parenthood. whenever an organization is look at their granting portfolio they want to do high-quality grants. what was unleashed this past week was a vicious attack against a great organization. and frankly individual attacks against nancy brinker, an individual whom i admire greatly. i would think all of us should be saddened, that an outside organization would put this kind of pressure on another organization on their granting and to whom they are going to grant. megyn: people believed it was a

front for the truth, this stuff about we have to defund planned parenthood because they are under congressional investigation. of all the organizations komen fund, only one wound up defund, and that was planned parenthood. it seemed like planned the parenthood was the targeted organization. why not come out and say we have a problem with turning this organization? >> i think the congressional investigation along with the various states' investigation, those were a factor in the decision. but make no mistake about it. it was a bigger picture than that. there is a granting criteria as well as the controversies that were surrounding plan the parenthood. it's no secret, megyn, komen and other organizations funding planned parenthood had been under pressure long before my time that had been going on, the pressure around the controversy. i'm not going to get into too much on the internal aspects of

things. but this organization had a right to make what it felt was the best decision for the mission, for the mission. and i think everyone can agree if you have a grant he where there is this kind of controversy, komen was doing its best to move to miew central ground. i was asked to look at options. i looked at it and i did. megyn: it wasn't your idea? you are say? >> i'm saying this is long an issue for komen dealing with the controversies at planned parenthood. megyn: obviously what made a lot of news last week was the pushback by planned parenthood supporters. what did not make as much news but was also a thread was the celebration by many who consider themselves pro life of the decision. have you heard from those people in the wake of your decision today and in the wake of the

news that broke last week? >> i have not personally heard today. it's been obviously a busy morning for me in trying to sort things through and make sure we carried everything forward appropriately. as far as -- no one wanted to make this a celebration about anything. the whole purpose was to get to a place of neutral ground and move in that place so komen was not in the middle of this so we could be squarely focused on our mission and serving the women. megyn: when susan g. komen reversed its decision they were kind of vague about the reasons. what happened? why did they reverse themselves? >> i think you can just see the pressure that was mounting around. and, you know, i'm going to always be a professional and not go into those details. you can ask komen that. but it's clear there was enormous pressure on the organization. while i disagree, i respect the

organization's right to make that decision and move forward. megyn: i know they offered you a severance package which you declined. why did you do that? >> this is a non-profit, and i'm very much aware of that. and, you know, i was doing my job, megyn. by wasn't interested in having a paycheck or written check for myself to just simply go away. i wanted to do the right thing on my own terms and that's what i tried to do. megyn: i know they accepted your resignation and nancy brinker has wished you the best in your future endeavors. >> she is a fantastic organization. megyn: they have been out there banging drums and chanting slogans for months. we'll show you how the occupy oakland movement got a taste of its own medicine from a group that has had enough.

a rare meeting for the secretary of state hillary clinton. will we support israel if they attack iran? jack king helps advise the secretary of defense and he will answer that question live in three minutes. it was suppose to the luxury sports car of the future but seen it could be a thing of the past and you pay for it. >> the president and i have never doubted that we could write a new chapter in the automotive history of this country. [ male announcer ] this is coach parker...

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megyn: new developments in in the growing crisis between the united states, israel and iran. high-level meetings are taking place in washington. israel's foreign minister meeting with hillary clinton in the wake of reports that israel may launch a nuclear attack on

iran to take out its nuclear program. joining me now, general jack king, former vice chief of staff of the army. general remember it's an honor to have you here. there is no one who has a better perspective than you. let me start with what everybody wants to know. is it likely in your view israel will try to launch an attack on iran's nuclear facilities in the next few months? >> it's likely. why this is so public is the israelis are posturing about this imminent attack and the leverage of the united states. what the israelis want to dos not do that attack and have the iranians give up these weapons voluntarily. that's why this has been so public. the fact of the matter is, if we don't get tougher and they will not voluntarily stop the program, then the israelis will

have no choice but to attack. megyn: do you think there is any realistic hope of us getting tougher? >> we are slowly strangling them. what we have to do is cripple them economically. one thing after another done at the same time. no oil, no training. no refining support. crush the central bank. conduct covert operations using cyberattack, espionage operations. all done at the same time. bring israelis into the covert operations. they would be comforted by the fact that you are taking a strong hand. megyn: is there political will insight the united states to do that, given the alternatives, if we don't do that israel is likely to bomb iran and then we'll all be in a lot of trouble. >> we are slowly moving towards not getting tough enough on sanctions which will force the

israeli's hands to attack. megyn: what is going to happen to americans inside and outside the united states if israel bombs iran? >> iran has choices. they will attack the israelis for that. then what are they going to do about the united states. they clearly can attack our base in afghanistan and also our consulate and embassy in iraq. they can conduct terrorism inside and outside the united states. i don't believe they will attack our bases because that would be an overt act of war. we would then be at war with the iranians. we are the only country in the world that can regime change in iran. i do think they would conduct terrorism against us outside the united states where targets are vulnerable and we would have to plan for it inside the united states. megyn: why would conducting terrorism inside our borders not lead to a full military response by us? >> i think it should. but my judgment tells me i don't

think we would. the bungled operation to kill a saudi ambassador at a restaurant in washington, d.c., the only thing we responded to the iranians provocation with that is rhetoric. that has been the pattern. if they kill americans inside the united states, that is an act of war. make no mistake about it and we should respond militarily. whether we'll do it is an open question. megyn: what is your concern about our troop levels in afghanistan and our plan for afghanistan. there has been a question whether we are going to take the troops out earlier than 2014. >> the major concern we have is we make tremendous progress on the south and southwest and now the east. the big thing in front of us is the taliban leadership is in pakistan. these are afghan taliban protected by the pakistanis. we have got to start targeting that leadership the way we have targeted the al qaeda despite

the fact that the pakistanis don't want any part of it. if we don't do that i'm afraid it won't come out on the right end. megyn: do you feel that president obama listens to the advice he's getting from the generals on the ground? >> we made three major force-level recommendations to the president, an has dismissed all of them. the first ones came from generals crystal and petraeus. the so-called surge force. they recommended a minimum of 40,000. he decided on 30,000 which was 25% less than what was needed. that drove the campaign to be done sequentially in 10 and 1. and now in the -- 10 and 11. and now in the east in 12. that evaporates political will. the second recommendation came from petraeus on the size of that recovery surge force. how and when do you bring it out

in terms of its size. the president did not accept general petraeus' recommendation and the entire surge force is coming out in september. general petraeus made a modest recommendation. the third is iraq. we recommended a sizable force to stay? iraq, 25,000. there are no forces staying in rawrk. so three major decisions and three disagreements between the president and generals. megyn: is it unusual for the president to say no to the generals? >> it's very unusual given this kinds of war. i think it's quite unprecedented. megyn: general king, thank you for your service. the prime minister of canada is traveling to china and in three minutes we'll show why that is bad news for every american who drives a car. stay with us. if you're one of those folks who gets heartburn

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megyn: occupy oaked getting a taste of its own -- occupy oakland found themselves met by a counter protest from dozens of residents and local business people. the occupy crowd who is out protesting what they say were heavy handed police tactics during a january demonstration. but a group of fed up oaklanders say they have had enough. >> this fringe element, they are destroying children's art in city hall. it makes no sense at all. their message has gotten diffused. i have had the win doze of my dry cleaner, of my grocery store, of my bank, all broken into and had graffiti on those businesses. megyn: a new headache for the administration's push to develop so-called green jobs.

the automotive company got a loan to develop a sports car. but yesterday they said they are suspended the production. the company says some of that is temporary, but it's opening a new opportunity for the president's critics. >> reporter: fisker makes the car that runs about $103,000. so far they have sold 10 off them in the united states. they got a $9 million loan guarantee from the department of energy. but to keep accessing loan guarantee the company has to meet certain milestones and so far it has not met them. so they are going to ask the federal government to adjust the milestones, lower the expectations and hand over some

more cash. a big part of this company producing more cars was to build a plant, a former general motors plants in delaware, in fact here is vice president biden when the announcement came down. >> we are here standing today proving the beginning of what we are going to be able to say the daughters were wrong about our ability to manufacture. >> reporter: two years later the daughters have the upper hand because fisker was supposed to create 200,000-plus jobs. now with layoffs they are in negative territory and they pushed backed the opening of that general motors former plant until at least next year and they have fired one of their key sub contractors. they got private money so it's still in business. the question is will the

government lower the standards and start writing more checks to fisker to start churning out more cars. megyn: america's housing crisis facing a critical deadline. 10 states are holding out on a deal that could help underwater homeowners. but the deal is not without controversy. they have say do unto others. the president walking out on a speech by former governor jeb bush after jeb bush sat through the president's remarks. michael reagan joins on that. is a reality tv show about to change once these rules on marriage, polygamy in america on today's "kelly's court." plan

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megyn: a major deadline in the housing crisis. more than 40 states reportedly ready to sign a deal with the biggest five mortgage lenders securing aid for some struggling home owners. but 10 states are holding out for a better deal. peter barnes is live in our d.c. bureau with more. >> reporter: the 50 state attorneys general have been

reviewing the document in the robosigning scandal. sources close to the negotiation say sit would provide up to $17 billion for reducing principal. of the $5 billion would go to pay fines and penalties to fund federal and state debt counseling programs. and to pay $2,000 each to people who have already lost their homes. sources say that to get to a $25 billion deal, big foreclosure states like california and florida have to sign onto it and they have not signed onto it yet. the southern general said quote we are closer than we have been before but we are not there yet. representatives for the attorneys general in nevada,

florida and a couple other states are making similar comments. megyn: peter, thank you. some controversy now developing around a dinner attended by president obama as well as former president george h.w. bush and his son the former florida governor jeb bush. they were both featured speakers at the alfalfa dinner. a black tie gathering of business big wigs. it's an annual tradition. the president spoke first. then he walked out before jeb bush's speech, and he's taking some incoming on that. michael reagan is chairman of the reagan group. thank you for being here. al hunt wrote an interesting piece for bloomberg on this and said the obama team including the president him several are showing signs of cockiness and he talks about this particular

instance as one example and says that those who are in attendance say this is the first time any of them could recall a speaker leaving before the other side -- it's all in good fun. it's not like it's a highly charged political atmosphere. >> the key here is al hunt wrote the column. al hunt is not somebody -- i know al, he's been a friend for years. he's not from the right side of the building. and he's taken aback about it arrogance of this president. to sit there and walk out on this dinner. jeb bush is going to speak. and you have h.w. bush in audience. they are there to hear him speak yet he leaves and walks out? it just shows the ongoing air garches this arrogance. i don't think he has ever stopped campaigning. he's somebody who is above his pay grade and he's taking this

in heavy. and that concerns me and now it's starting to concern the al hunt and the left and the democrats as well it should. megyn: it's not like this dinner is like the white house correspondents dinner where the president is the main event, shows up and makes his remarks and leaves. the history of this dinner different many only high-power people in washington it's big high-power people. and this tradition is one person speaks then there are two people who speak. so it is unusual -- and it usually involves the president. the president did in '09 and he waited for the counterpart john mccain to speak. >> what would have happened if george w. bush had walked out on a hillary clinton speech. there would have been hell to pay in the media for george w. bush to do that. i think back to my my father.

my father said to me, you are elected president to the united states. but there comes a time when you become the president of the united states, and you start to understand who you are in history and what have you. and my dad who never took his coat off in the oval office remembered these things. i think about it like yesterday my dad's 101st. 178 our first president is elected. how many generations have been goarn season 1789. and my dad was only the 40th person to be the president of the united states of america. you have the president now is the 44th, only 44 people? you need to understand what you are and who you are. and you start to have to respect that position. and you start by respecting others around you. i don't think barack obama has ever respected the people around him. megyn: who knows why the

president left. maybe he didn't feel well. maybe he wanted to get out of there because he's said to hate these times of gatherings. isn't he allowed to show up a little bit, make it speech, please everybody. does he have to sit and listen to jeb bush. >> then don't go. but you don't dis people by showing up hearing -- he's more into hearing himself speak than hearing other people speak. don't dis and dishonor the other people in the room. don't dishonor and 87-year-old former president who served his country well by dishonoring his son who is going to speak. megyn: do you think al hunt has a point about the cockiness? he talks about -- he harkens back to when president obama was

running against hillary clinton. they had a debate and at that debate he was asked if hillary clinton was likeable, she said, he's likeable enough. he says that was an example of him getting cocky and he paid the price for it. she won in ham. he believes he may be getting cocky in this election and he cites this as further evidence. >> i don't think he's ever not been cocky. i harken back to his first days in office when he sees the bust of winston churchill and said, get that out of here. he's starting to do it toward them with jarett in the white house, with all the things al hunt talks about in that article. they are starting to feel the same thing and that will not go well for a reelection campaign. megyn: every time you tell that

story about your dad, you become president, it's a show stopper. you think about that. for any man or hopefully some day woman sitting in the oval office having that moment when you realize what a huge role you have taken on and you have to be bigger than yourself. michael reagan, thank you so much, sir. they made a splash on the small screen starring in their own reality show about polygamy. apparently prosecutors were watching, threatening to charge them with violating the big any laws. today the polygamists strike back. once it was lost, now it is found. selling stolen goods legally. rick leventhal with more. >> reporter: a warehouse full of hot items up for bid starting at $1 thanks to your local police department. but they won't auction fake watches. in fact they destroy them. they will let me smash one right now.

more on this story and all this coming up. i'm a marathon runner,

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looking out for 70 million americans. that's health in numbers. itedhealthcare. megyn: "kelly's court" is back in session. on the docket, primetime tv that could change the marriage laws. >> i fell in love. then i fell in love again, then i fell in love again. he's a brother from another mother. >> some people think how do you feel when he's off with another woman and you know they are having sex. well, gosh darn it, they better. >> if it happens, she has to be amazing. >> i knew it would be complicated. but i didn't know it would break my heart. megyn: cody brown stars in

"sister:wise." now brown and his gaggle of wives are suing the prosecutor claiming that the law violates their constitutional rights. do they have a case? let's ask our panel. criminal defense southern joey jackson and defense attorneyy david wools. mr. jackson, you were on this show more than a year ago and you predicted the family was well within its rights practicing big any and a judge just -- practicing bigamy, and a judge has cleared the way for the lawsuit to proceed. how did the judge allow this to go forward given there are so many decisions saying you can have bigamy laws, that does not violate the constitution. >> first is the complaint, the next is the court decision. as to the complaints there are multiple ground to proceed.

the first amendment protects religious freedoms. the second on the first amendment is freedom of speech. they went, they are speaking and to discontinue the show and face the threat of prosecution is chilling the right to speech. what's next. you look at due process cause. i have a right to any intimate relationship i deem appropriate. the 14th amendment claim which is equal protection. we should be afforded equal protection under the law and you shouldn't be prosecuting one and not prosecuting the other. if you look at the judgment designatures was predicated upon the first amendment. it was simply saying that they have standing to move forward to bring the claim against the county prosecutor, not the state governor, not the state attorney general saying there is a likelihood of prosecution. megyn: they said we felt when we agreed to do this show that

polygamy would be much more accepted in today's day and age and they were shocked at the pushback from the prosecutor. >> i really just figured that things had changed. you know, we would be more accepted. >> things have changed. things are very different than they were. >> we are openly embraced by many, many people. people have changed. the laws haven't changed. megyn: we are openly embraced by many, many people. the husband certainly is. but is it legal? >> i have never been so happy that i stopped sat one wife and four kids. melling * he has 13 children. >> what hasn't changed is utah's criminal law which makes this illegal and the penalty is five years in the state pokey. soar in big trouble. there has been one successful prosecution under this law. the supreme court found that

polygamy statutes are constitutional. jonathon turley made an argument using a 2003 case where sodomy is protected. i think this one is going to fail. the problem they have here is i don't think this case is right. by think it will eventually be tossed because the d.a. in utah said i'm not going to prosecute these people. i'm only going going after those to engage in child molestation. megyn: they said our right to marry multiple people is no different than the right for gaze and lesbians to marry. they made that analogy. listen to one of the sister wives. >> i don't think anything that's ever been worth acheeferg has

not come without somed a arary and struggle. >> without some risk. >> it hasn't. everything that we have gone through in our nation, whether it be rights for women, rights for gays, all of these things that made our nation what it is, those all came with struggle and have shaped who we are as a nation and as a people. megyn: can they make that argument? >> agree or disagree, it's a compelling and i think viable argument. the fact that there is a due process clause, should the government be telling us what to do, how to act, who to associate with? will it carry the day? that's the question for tomorrow. but right now they have the leeway to make the argument. the second point also is that people who are similarly situated should be treated similarly. why go after them.

why pinpoint and focus on them. megyn: a lot of other polygamist marriages exist unbotherred. i want to give you a sound bite from the father who says people misunderstand this group. >> you have got to see us, this is us, we are naked. >> we are polygamists, we are not the polygamists you think you know. >> that's what we set out to do. we wanted to show that there are a lot of misconceptions about who we are. megyn: they are naked all right. >> prop 8 has just been ruled unconstitutional. they will say if gays can marry based on equal protection. we should be as well. megyn: in texas, the 2003 sprem court decision that says you have a right to homosexual

sodomy. some predicted it would lead to cases like this now you have these sister wives saying -- four wife. >> one is enough. one.

megyn: field trip for the prime minister of canada. stephen harper visiting china. oil sales topping the agenda in the wake of president obama's decision to reject the keystone oil pipeline that would have carried canadian oil act u.s. in the past two years chinese 8-owned companies invested $16 billion in canadian energy.

jewelry, electronics, high fashion and fine art at prices up to 90% off retail. if you think it sound too good to be true and the stuff must be stolen, you are right. but it can also be totally legal for to you buy it. what the deal? >> reporter: you didn't mention samurai swords. we have five of these here. they say the people will steal almost anything and buy almost anything and that includes chainsaws and leaf blowers and lawnmowers and windows. most this stuff was seeds by police in drug raids or homes with perhaps they were burglarized and no one came to collect their property. so they went to the police property room and at some point the police have to auction the stuff off. in comes p.j., he created this

company with the help of a former detective. one of the things -- you test everything. you have got taco onoscopy machine, be in no one wanted to test it. the guys plug it in but no one in the warehouse wanted to test it. can't understand that. >> reporter: even that, you had vigorous bidding. who steals a colonoscopy machine. and who buys them. >> reporter: but someone did. >> you have to do it online. you make your bid, they start at $1. if you win, the item is yours. megyn: do in the try that at home. it should have season on the side of it. that looks familiar. we'll be right back.

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