we start of course with gas prices. we are monitoring the daily white house briefing where the press secretary yesterday spent more than half of his time defending the president's energy policy. saying president obama is committed to making things easier on you. but things did not get easier overnight. according to aaa, a gallon of regular now costs on average about 3.58. that is the 15th dayna row we have seen an increase. and it comes less than 24 hours after the white house spokesman said this: >> there are no magic solutions to rising oil prices and the pain that americans feel at the pump. this is -- the fact is that the president is very aware of the impact that the global price of oil has on families, and this is not something that this administration discovered or rediscovers every spring as

some politicians do. mig chris stierwalt is digital politics yesterday toornd host of power play on foxnews.com. chris, there are no magic solutions. that was after he said not long ago, there is no silver bullet. now we learn that the president is going to give a speech on this issue tomorrow in miami and we know the white house has been watching gas prices very closely. in the end we can expect that speech in miami will probably not lead off with there are no magic solutions and there's no silver bullet. the president has to do something or at least make it look like he's doing something. >> well, that's right. you know, look busy is sometimes the watch word in politics, act like you're doing something, even if there's not too much you can do about it. we just heard today mike emanuel on the hill telling us that democrats in congress are now increasing the pressure, and this is something we predicted, on the president to pass the strategic oil reserve, that's something he can do, there are other small things

he can do for temporary fixes but look it, this number is climbing and climbing and now people saying as high as $5, there's not much the president can say or do to quell the anger and unease that's going to spread but the electorate. megyn: he's already taking heat supersome on the right or otherwise that he should have approved keystone, that the pipeline was one way to reduce our dependence on foreign oil, get oil from our neighbor, canada a. friendly neighbor to the united states and didn't do it, essentially said no to it, he has said no, and yesterday the white house had this take on keystone, chris. listen: >> in terms of keystone, as you all know, the history here is pretty clear. and the fact is that because republicans decided to play politics with keystone, their action essentially forced the administration to

deny the permit process because they insisted on a time frame within which it was impossible to appropriately approve the pipeline. megyn: the american people going to pie that? >> they haven't so far, megyn. we saw in the latest fox news poll done earlier this month by an almost 2-1 margin americans said the pipeline ought to be built and that we ought to have access to that canadian oil that can be pumped down to where the refining stations are. so this is a very direct one, because that oil was supposed to be headed right to refinery locations on the gulf of mexico that could really very quickly, once the pipeline is built, bring down gasoline prices. so the administration knows that it's put itself in a pickle here, especially because today, part of the president's corporate tax reform pitch has to do with increasing taxes on oil companies. that's something that republicans will predictably bash him with, too. megyn: well, and they've

already come out and suggested this rise in tbas lien prices is exactly what the president and his administration, including his energy secretary, want to see, because they believe that the administration has tipped his hat on that already. he's a sampling from the campaign trail: >> one was -- it was 1.89 when barack obama was sworn in. they're currently saying it's going to get above $5 this summer. secretary chu, secretary of centering energy, said in 2008 he wants it to get to european levels which will be $9 to $10. i feel just the opposite. >> we're shutting down all sorts ofs for us to drill for oil. why? because it could lead to lower energy prices. that's the dangerous business of this technology. it doesn't fit his pattern of trying to drive down consumption, trying to drive up your cost of transportation. to accomplish his political science goal of reducing carbon dioxide emissions.

this is what the president's agenda is. megyn: the viewers can decide who is right about that chris, but the point is, this is very much a political issue and a big one coming up for election 2012. >> it's huge, and the president knows it, and in this speech tomorrow down in florida, and other place, the president is going to is have to make the thargt his plan, though it does not do much or anything to bring down gas prices in the short term is worth doing because it helps transition the country in the long term, away from petroleum. but here's the problem. people have heard that too many times before and may not believe him. mismischris stierwalt, thank you sir. >> yes ma'am. megyn: to give you perspective on how this affects you, we have calculated how much it costs to fill up a mid sized car, in orlando, the average person spent $57 a week to fill up their car, now $10 a week more to do that. it winds up being more than $110 bucks a year to do

that. in cincinnati, ohio a year ago drivers were spending $56 a week to fill up their tanks, now it costs $64 a week, that's about $78 more a year. over in reno, nevada, the average family was spending $64 a week on gas, now it's up to $70 a week, around $65 more a year on gasoline alone, and that adds up for a lot of families, the average family spends about 4000 bucks on gas per year. that's all money that goes to gasoline. it's not going to retailers, it's not going to other items. fox news alert now, new evidence obtained by fox news suggesting that tehran may be hiding critical details about its nuclear weapons program. and may even be conducting secret experiments at military facility that iran has always claimed has nothing to do with its nuclear program. amy kellogg has the breaking details live in london. amy. >> reporter: hi megyn. these telexes appear to

document some pretty vigorous attempts on the part of iran, as far back as the '90s, to procure nuclear materials for a secret program, one different than the one we already know about that possibly had a nuclear dimension. now, this also, these document, lend credence to some of the allegations of nuclear work at a site called the tehran -- or pacific research center which iran has always denied was part of its nuclear program. >> the telexes paint a picture of an organization that's very much involved in the nuclear fuel cycle, and that's in sharp contrast to iran's statement that the physics research center had nothing to do with any nuclear fuel cycle activity at all. >> reporter: now, some of the telexes come from the physics research center under the auspices of iran's military, which was based at site called lavazon, subsequently disbanded. after it was discovered, labazon was razed, wiping

out evidence and creating sus missions -- suspicions that iran was hiding something there, they said the city of tehran wanted it back for use as a soccer field. iran has stopped answering questions about labazon and some come from cerif university, which david albright thought was a front for procurement activity because people would not suspect activity at a university as they would a military organization, and all of this megyn comes as just those u.n. nuclear inspectors return basically empty-handed from iran, they were denied access to sites they wanted to see and they were not given answers to these ongoing questions about iran's possible military work on its nuclear program. megyn: amy kellogg, thank you. the breaking news on iran comes one day after u.n. nuclear inspectors were barred from a key military site in that country. coming up, ambassador john bolton will join us live on the u.s. response and what happens if washington's attempt at diplomacy are not enough to stop tehran from building a nuclear weapon.

taking aim at overdraft fees, from some of america's biggest banks, the consumer financial protection bureau looking into the pricey penalties for spending more than you have, saying overdraft polices can inflict serious harm on people who can least afford it. elizabeth mcdonald has more from the fox business network. >> reporter: the cstp in one of its first actions of the banks has announced a probe into the practice of charging millions of consumers overdraft fees and what they're concerned about is this. they're concerned that banks like bank of america and citigroup are basically not telling consumers about these fees, and these fees are very profitable for the banks, megyn, they rack up $50 billion to $38 billion, taken out of consumers' pockets every year. what's going on is the cscb has reached out to the banks, they want to know how they are assess the the fees, how they are disclosing the fees because

the fees are often buried in disclosure document that is consumers don't read. and what the government is really worried about is when banks basically charge overdraft fees, when people use their debit cards instead of credit cards to make purchases, and instead of having the transaction denied, the banks are essentially hitting consumers with the fees. they're also worried about a very common practice that the government does not like and it's this, megyn, the banks are basically taking the biggest charges first and taking those charges out of checking accounts in order to be able to slap consumers with these overdraft fees, meg ip, so the cscb wants to know more and this comes at a time when the class action lawsuits are stacking up about fees. megyn: back in my law school days, when i had no money, i could relate to the fee, and you know what, i had math

problems. and i made math errors, and i didn't notice it until we went to the next story. >> i don't balance my checkbook, either! i really can't. you're right, when consumers don't understand it and they get hit with the fees, they have to say wait a second. also atm fees, you will not hit with an overdraft fee, the federal reserve stopped that practice. megyn: you get charged by the person, the person to whom you wrote the check and so on and so forth. anyway, thank you, and sorry about the math on the tbas prices, folks, we were using two different calculations on two different items. in any event, a new plan for the obama administration that includes lowering the corporate tax rate but stu varney says the larger media has miss -- missed the big story about the president's plan. he explains next how it could have a major impact on america's economy. >> tragic strikes when one of the most popular shows, a person connected to the amazing race found dead. why his family suspects he was murdered.

>> the u.s. embassy on lockdown in afghanistan. the breaking details, next. people with a machine.

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megyn: fox news alert, we are getting brand new information concerning the deadly antiamerican protests rocking afghanistan's capitol. afghan security forces trying to control the massive crowds. at least nine protestors have been killed, dozens more wounded. the u.s. embassy is on lockdown at this hour as thousands of people chant "death to america". the violence triggered by the unintentional burning of several copies of the koran, islam's holy book at a u.s. air base, a top official saying temperature detainees were writing messages inside the korans and passing the book to each other. local islamic leaders were asked to look at the messages and even they were shocked by what they said.

nato's top u.s. commander has apologized for the burning and deputy defense secretary is in kabul now meeting with afghan leaders to stress the u.s.' commitment to the military mission. tax as hot button issue on the campaign trail and today the obama administration announcing its new plan to cut the corporate tax rate from 35 to 28 percent but there is much more to that headline. stu varney is the anchor of "varn varney & company" and is with us now. instead of rejoicing that the president is proposing a tax cut on corporations you are saying this could be very bad news for american corporations. why? >> because there is a big, new tax included in these proposals. this new tax would tax any profit made by any american corporation overseas, whether or not that money is brought back to america or not. the president is trying to

establish a global tax net which we've never established before. this is brand new, and potentially goes after america's most successful companies. megyn: so give me an example of how a corporation doing business both here and oophseas would be affected. >> intel, the world's greatest chipmaker, everybody knows intel, major success story, it makes 85 percent of its money, its profit, overseas. all of that money would now be taxable. megyn: we don't tax that now in america. >> only if it comes to america. if you repatriate that money, yes, you pay tax on it, but if it's over there -- >> megyn: if you make it overseas, invest it overseas and never hits the american shores we don't touch it. >> now the president proposes to grab it. megyn: can we do that? >> yes, judge napolitano said yes, you can do it legally, megyn: but the president says the reason he wants to do this is because he'll lower the effective

tax rate for most corporation and wants to encourage those companies like intel to do business here in america, you're going to get taxed american rates anyway, might as well move the factories, et cetera, back into the continental u.s. >> yes, lowering the corporate tax rate, that is the headline proposal. but that is a distraction. it distracts attention from this underlying new tax which we had never seen before. it is correct to say that the president wants to lower the tax rate. that's right. he also wants to get away from and do away with a whole bunch of so called loopholes that would actually raise more tax revenue. megyn: he says companies like that are taking advantage of so many subsidies and loopholes now they pay a lower effective tax rate, lower than the 35 percent and he wants to make it more fair. >> right, he does. and i guess to some degree that would be the case, if you lower the tax rate and get rid of the loopholes that everybody pays more in tax but that's a distraction from this huge new tax that's also contained in these proposals.

everybody is focusing on oh, the lower tax rate, wonderful. that's a distraction. look at this new big global tax. megyn: gingrich wants to lower the tax rate, romney does and so on, they don't also have a provision that would then start taxing the money the corporations make overseas? >> they do not. megyn: this is something that's special to president obama? but tell me this, stu, i think a lot of our viewers are thinking why shouldn't we tax them for doing the business overseas, that money comes back into america, and it incentivizes them to move factories perhaps back into america. what is the downside of doing that? >> the downside is that you are attacking financially america's most successful companies. take apple, for example. there is no better known american company, no better success story. apple has $100 billion in cash. that money is now taxable. president obama, looking for revenue, going after the very most successful

companies in america. megyn: what do you think will happen? job cuts? >> i think they would have to pay this tax, if it were enacted, and who knows what tax rate it would be in the future. if a government constantly needs revenue to pay for all these spending plans, how do you know how much tax they would take out of american corporations in the future, which never comes back to america? but which they would grab from overseas. megyn: it seems like the president would give an effective lower tax rate to like green energy companies and so on, it seems like the tax plan he proposes does have significant benefits for certain industries, is this bicking winners and losers? >> precisely that, it's picking favorite, green energy, a favorite, oil companies, not, they would be subject to much higher taxes. take the case of exxon, they make 45 percent of their money overseas. now they would be taxed at that 45 percent, and they'd have to pay higher taxes on all of their income because they are an oil company. megyn: is there any chance

this encourages those companies to pull out all of their american business? >> yes. megyn: to take the remainder in the united states, and instead of bringing it all back in, they take it all out? >> yes. the big names will probably not leave america, but second and third tier companies might say you know, we make all our money overseas, why should we be headquartered in america, why not go to bermuda, the bahamas, britain, germany, any place else, why not leave america. that view could be encouraged. mig mig there's a real question about whether it will pass, whether it can be accomplished, given the house and senate. >> it gives you his sense of direction, here's what they will do to get money. megyn: stu varney, thank you sir. the news is breaking down. iran, as u.n. inspectors are turned away, tehran threatens to push forward with its nuclear program. coming up we'll ask ambassador john bolton if diplomacy isn't working, what's the next step? and he'll tell you why he is surprised at iran's latest

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megyn: a bloody civil war in syria has taken the life of a veteran journalist, marie colvin of sunday's britain times was killed by artillery fire from syrian government forces in the rebelling city of homs. colvin was originally from long island but has been based in england for the past 20 years. she lost sight in one eye during an ambush in vee lanka in 2001 but that did not stop her from reporting on the world's most dangerous places, filing a report just moments before she was killed yesterday.

world affairs contributor dominic di-natale is streaming live from lenon. is this part of a pattern of attacking foreign media? >> considering how much inroads the syrian force versus made into the district, they would have known from intel where precisely they were aiming an who was in that area. the area the marine was working in had quite a few journalists, so when they released the re-- the relentless slaughter going on in homs, no doubt they were targeting it. marie was a -- also a french photographer died as they tried to escape the building, and it was slammed by something like ten shells, hit by a rocket as they tried to get away.

a reporter from the times was also injured, and apparently there's another female, an american german, apparently in serious condition. she needs urgent care. considering the situation in homs to be very difficult for anybody to get in to actually treat them. that is the case with anybody wounded there today. another of 60 people are killed, meg, very grim killings, assassination-like killings along the border with turkey, activists murdered 27 men at close range, shot them in the head, their bodies found bound and gagged. evidence of how dreadful the violence is now. no word from the international community on what action they will take but we under the united nations humanitarian chief is on the way to negotiate access for aid workers. we'll see whether she has any success.

back to you megyn. megyn: dreadful indeed, dominic, thank you. i want to tell our viewers we will be joined by ambassador john bolton in just a bit on what's happening in syria and what, if anything, the united states should be doing about it. also want to tell you the sunday times is owned by newscorp, the parent of this network as well, and this statement put out by the newscorp chairman and ceo, rupert murdoch said marie had fearlessly covered wars across the middle east and south asia for 25 years for the sunday times. she put her life in danger on many occasions, because she was driven by a determination that the misdeeds of tyrants and the suffering of the victims did not go unreported. this is at great personal cost, including the loss of the sight in one eye while covering the civil war in vee lanka -- in sri lanka. our immediate thoughts are with her family. >> gop frontrunner rick santorum focusing more on the media than on mitt

romney yesterday. why the former pennsylvania senator says the mainstream media is out to, quote, tear down republican candidates. does he have a point? we'll debate it, next. plus the producer of one of reality tv's biggest hits, found dead. and apparently, it was not an accident. and, a murder suspect says he is innocent because barry white and olivia newtton-john allegedly made him do it. that's in today's kelly's court. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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megyn: 1:33 here in the east and we are track couple of developing stories, including a horrific train cash in buenos arrows, argentina, at least 50 dead, more than 100 hurt after a train ran into a crowded platform during rush hour, transportation officials say the train may have had a problem with the brakes. >> home sales jumped more than four honors in january, the highest flefl nearly two years. 4 1/2 million homes have been sold. we're talking about existing home sales. that number is below the 6 million figure that economists equate with a healthy housing market. >> gramry award winner adele given the one singer salute at the brit awards in london, she was hosting the awards when the show cut her off to -- accepting an award when she was cut off. she said i flung my middle

finger. that was for the suits, not the fans! >> that was a terrible immitation! >> so i can't do math and i can't do accents! but i can anchor the next segment. the republican presidential hopefuls prepare fog the next round of primary contests, newly minted frontrunner rick santorum is campaigning in arizona right now, that state holds its primary on tuesday. it's arizona and michigan. according to senator santorum he's not only battling the republican rivals right now, he's also fighting the mainstream media and he has a message for voters who are listening. here it is: >> will you be the generation that sat on the sidelines and watched as candidate african date comes up in the mat medioo and the national media takes their whacks at them to try to destroy them in every way possible as they've done with every single republican candidate and as they will

between now and the election. and will you sit on the sidelines and say boy, that's not fair, or will you stand up and fight back for freedom? >> megyn: joining me now, monica crowley, radio talk show most and sally cohn, political commentator and both are fox news contributors. we were having fun at the senator's expense, because i was saying that reminded me of the seen from brave heart. i mean, there's a little drama in the delivery. but he hits on a point that drives conservatives nuts in the mainstream media. i remember in the '08 election, sarah palin went out there, spoke to the crowd and when she got on to the topic of the media, they went nuts! he's hit on something. >> absolutely. look, there's a lot of hay to be made by any republican candidate -- candidate who goes after the mainstream media, because we know that meese of media, not all but most tilts to the left, is

in barack obama's camp, supporting the democrats' left wing causes, so when you do it right, here's the key, when you go after the media the right way t. can have huge benefits. we saw this with newt gingrich, he went full frontal against the media and that's when his poll numbers started to pick up. the question here is, is rick santorum actually doing this the right way. you can't be whiney about it. you can't say i'm being mistreated by the press! no, you have to go in the way newt gingrich goes after them, which is call them on the carpet from a position of strength and authority and pointing out there specific examples of their bias. we didn't quite get that from rick santorum. >> megyn: we should have given the viewers the context. he got attacked from the remarks he made several years ago, was it '08? >> four years ago. megyn: he made these remarks about satan and has been taking flack -- that was sort of his response saying this is what the media does to conservative candidates, watch the satan remarks:

>> satan has done so, by attacking the great institutions of america, using those great vices of pride, vanity and sense alt as the route to attack all of these strong plants that are so deeply rooted in american tradition. megyn: so that winds up -- it was on the top of drudge. >> it was on the top of drudge. first of all, you're attack the quote unquote mainstream media, i think republicans have gotten tough arrows from other republican candidates and so forth, but the larger point as far as rick santorum is concerned, first of all, i can't believe he's the one complaining because he's the one who benefitted the most. if this is true, the republican candidates are attacked, he's the one that benefitted the most. he's been the last one standing. so i mean, you -- he shouldn't be complaining. secondly, though, the media can't put words in your mouth. it's sort of hard to. he doesn't like the comments he made are surfaced by the

media and we're discussing them because they're clearly news worthy, well, shucks, you shouldn't have said them. megyn: he's suggesting over the course of the election the conservatives candidates have had it particularly bad but the mainstream media particularly enjoys tearing down the herman cains of the world, the rick perries and so on, that they're getting it worse than the democrats would get it. >> absolutely and that's sort of a given and conservatives, most voters understand that's the case. we're talking about decades of bias against ronald reagan, pror trade as a huge dunca, dan quayle, whose career was destroyed because of the potato spelling, george bush, portrayed as jeshes and idiots and destroying the country. we know there's a built-in bias. rick santorum, it's what he is pointing out. again, the question is how to point it out. i'm not sure this is quite the way to do it or the time

-- >> megyn: because he didn't have to get pretty cloud. one crack about the satan thing -- but in this defense, we pulled a couple of examples, you guys remember eugene robinson, he's really weird, not everybody is going to be down with the story of how he and his wife handled this stillborn child. >> sure. and i didn't like the way that -- >> mig and he apologized for it but they've been calling him a religious nut, a lunatic, on and on, you know. it's not just really the satan comment. he probably just got to the breaking point. >> okay, so first of all, look, you know, voices in the mainstream media have suggested -- our current president is a muslim, not an american citizen and not a christian. incidentally, that most recent being rick santorum. i'm not going to suggest bias -- >> is -- >> he questioned his christian faith but it plays to both sides. i think candidates, where we could agree is over the last ten years as we've had more

media saturated campaigns they play a role in vetting and scrutinizing and picking apart the bones of the candidates but so do the other candidates. to be honest there's nothing the media has been saying in this campaign that the candidates themselves haven't been saying directly or through their supporting superpacs. mine, it's been vicious. megyn: the question is whether they have willing participants when it comes to some attacks and not the others. you mentioned the attacks on president bram and -- president obama and they go abandon. were they as scrutinizing as when he was running for office as these conservatives are. >> he was completely checked out when he was running for office. he was not vetted. it was all softballs. you can go through. whole books have been written about this. >> we're going to disagree on that one. the bigger point, megyn, is republicans who are running for president frankly any office can always gain traction by going after the left wing media, rally the base, they're speaking the truth, and it works. the problem is you can't just go out with that message. you have to couple that with a real pro growth economic

strategy, especially in this economy, pro growth, pro job creation. you have to couple it with a substantive platform. >> i agree with you there. megyn: yeah. >> it would be nice if the candidates actually talked about what they unable and i do think the media is right, to hold santorum to task for his views that are out of step with the majority of america. >> that's the appropriate -- the media, going after the debates, like the nitpicking back and forth -- >> goba to the -- go to the things that america cares about. megyn: showdown over iran's nuclear program, united nations inspectors turned amplet where do we go next? we'll ask the former ambassador to the united nations, john bolton. >> we could get a verdict any minute now in the lacrosse yurd, george huguely charged with murdering his girlfriend, yeardley love. live to the courthouse with what the jury's asking about, momenting before they

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megyn: fox news alert. the white house moments ago responding to iran, banning u.n. nuclear inspectors from entering a key military facility. here's press secretary jay carney: >> this particular action by iran suggests that they have not changed their behavior when it comes to abiding by their international obligations. megyn: that comes as we're seeing key members of the president's defense and intelligence teams in a nonstop campaign to find some sort of consensus with israel. the chairman of the joint chiefs of staff, general martin dempsey, went to tel aviv a week ago, then national security adviser tom donnelly, traveling overseas a few days back, holding key managers with -- meetings with israeli leaders.

now james clapper is heading to tel aviv later this week. but what happens if u.s. diplomacy is not enough to extinguish the rising tensions? ambassador john bolton is a fox news contributor and former u.s. ambassador to the united nations and all of this happens in advance of our own president meeting with benjamin netanyahu on march fifth and you say noits accident we're sending our top guys over there before that crucial sitdown between the two world leaders. why? >> right, exactly. that graphic you just showed is like an invasion plan of the united states, invading israel, as opposed to dealing with the real problem, which is iran. and the reason you see these top officials going is they're telling prime minister netanyahu and other israeli leaders you better give president obama the answer he wants to hear when you come to washington, which is we're not going to use military force. and i'll answer the question right now, netanyahu is not going to say that. this is going to be a very unpleasant meeting with the two leaders when it occurs. megyn: because as a former diplomat yourself, you know how this works.

i mean, you don't have two leaders like netanyahu and obama sit down together without somebody doing the ground work prior to that meeting, right? >> they're providing to precook it so they've got a happy outcome. they're not going to get a happy outcome from the administration's pound point of view. to have the press secretary to say look how surprised he is that iran is still behaving cas -- behaving as if they want to have nuclear weapons by shutting out the inspector, there's a surprise. megyn: you think the march meeting will go forward, if dempsey, clapper don't get it done. >> i don't think they have a choice. netanyahu is giving a speech at the apac convention in washington. it's a huge media event. he can't come to washington without meeting with the president. so it may be one of those meetings where netanyahu doesn't get a sandwich and cup of coffee at the white house, very unpleasant, but i think very this have it. megyn: you do think the march meeting is the come to

jesus moment, where the two men have their last day about israel? >> i think exactly. the timing of israel's potential military action could well be ending. we saw secretary of defense panetta two weeks ago saying he thought the israeli attack could be april, may, june. i think that sounds about right. this is a meeting in march we're talking about. so if the president can't persuade netanyahu at that point not to attack the prospect i think becomes very we'll. megyn: netanyahu is going to speak to this proisrael group and yesterday we learned that president obama is also going to to that group. why is he doing? >> i think he's got to try to make the case he's standing shoulder to shoulder with israel to try and protect them against an iranian nuclear threat but the fact of the matter is the administration has lost its compass when it comes to policy. they're still arguing that sanctions could be effective. i think that's clearly inaccurate. if anything, it's in iran's interest to have the world believe that sanctions are being effective. why would they admit they're

being injured? because they want to give people the impression that there's still time. the most valuable commodity on both sides here is time. iran needs just a little bit more of it. and if they can get it without being attacked, then they can have nuclear weapons, and the world changes dray at that point. megyn: -- dramatically at that point. megyn: they managed to do something they don't often do and they surprised you. you said they were surprised with the u.n. inspectors. why? >> i'm not surprised they let them go to the pacrhin facility, i'm surprised they did it so crudely, the way they rebuffed the inspectors means they go to the headquarters of the international atomic energy agency ab write a report, saying look, we've met with iran in the past month, we've gotten nothing from them and i think gives light to the idea that -- a lie to the idea that there's a diplomatic solution. megyn: why would they do that if the most valuable

commodity is time? >> i think they would have been better served by trying to give something to the inspectors and say let's meet again in three weeks, then let's meet again in three more weeks and keep dragging it out. i think they misplayed their hand. frankly i'm glad because i think it's going to force leaders in some countries at least to say you know, diplomacy does not have a chance here, we've got to confront reality that if we don't act or somebody doesn't act, iran will get nuclear weapons and then there won't be any point in sanctions or diplomacy. megyn: is there any chance things are so far along there was nothing they could show and still get away with this story that they're not developing a nuke? >> that's exactly right. the u.n. inspectors wanted to talk to the iranian scientists, the u.n. inspectors are experts, they couldn't have a conversation without revealing sensitive information. that's why they didn't get to see anybody. megyn: ambassador, we'll see you again short levment we're going to talk about how this plays into what's happening in syria and that is crucial in light of the recent event. thank you sir. the next days are

critical for the gop frontrunners. what happens less than six hours from now could sway a lot of voters. bret baier just ahead with what could be one of the most important stories of theyo primary so far. stay with us. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: a federal advisory committee today recommending adults over the age of 65 should be vaccinated for whooping cough. children have been getting inocculated against it since the 1940s but vaccines for adults were not listened until 2005. this panel says elderly folks who spend a lot of time around infants should definitely consider the vaccine. one goal of the recommendation is to prevent adults from spreading the disease to babies. recommendations from this panel are usually adopted by the government, which sends the guidance out to doctors.

an international mystery is playing out after a producer for the popular reality show the amazing race dies in africa, reportedly from being poisoned. jeff rice was found dead, and an assistant remains hospitalized in a coma. julie banderas, live in our newsroom with more. >> reporter: the two were allegedby poisoned after a failed shakedown attempt by local thugs. jeff rice worked for reality shows, including the current season of the amazing race and whale wars. his grieving widow tells foxnews.com exclusively she believes he was poisoned, saying the following and i'm quote, -- quote, they were not attacked but evidence points towards being poisoned. at this stage it is quite difficult to give you any firm reports of the incident. it's currently under investigation by the uganda police. blackman says i would not like to speculate or give

any views on this as this may jeopardize the investigation going on. rice's production company assistant also remains in a coma, she reneighbors critical condition and has not shown improvement yet. maverick is the production company. according to rice, rice loved the african people and his dream was to produce in all areas of africa. rice and the assistant were not currently working on the amazing race but he had worked on season 20 which premiered on cbs on sunday, along with his widow, rice leaves behind two children, ages seven and two, rice's expected to come home february 25th to celebrate his daughter's second birthday. megyn: that's terrible. julie, thank you. glienchts the next six days are critical for the gop frontrunners but what happens tonight could sway a lot of voters. bret baier is next with what could be one of the most important stories of this primary so far. plus, was it a tragic mistake or murder? jurors now deliberating in the case against former

lacrosse player george huguely, we'll tell you about the note they sent to the judge. and soaring gas prices. the administration's plan for easing the pain at the pump may not be much of a plan at all. we're live at the white house with the latest. when you have tough pain, do you want fast relief?

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megyn: it's do or die time in the critical race for the presidency. welcome to a brand-new hour of "america live." mitt romney and rick santorum go face to face tonight for the first time since santorum's recent surge in the polls. this is the last debate before super tuesday in march and the michigan and arizona primaries are less than a week away. a real clear politics average puts santorum slightly ahead in

michigan. some say if romney loses there it will bring chaos. joining me, bret baier. this is exciting. watching this happen. but what a night. they canceled, they were supposed to have two debates and they bailed, so this is it. these candidates -- they don't really like to debate temperature. they don't like to do it. but they are going to do it tonight. >> reporter: they are. it's been so long. we haven't worked together in three weeks. megyn: you are missing me. >> reporter: i have been missing you, right. you are right, this is a big deal. we don't often talk about another network's debate or promote it. we are not doing that. but i'm telling you it's a big deal because it possibly is the last debate in this cycle. you are right. these candidates have not agreed

to other debates and there have been efforts to get them to sit down at other times. but they are going to go at it in arizona and it will be interesting to see the dynamics between a new surging santorum who is under attack by a well-funded romney campaign and a super pac. megyn: let's not forget newt gingrich who has been excelling in many of these debates. this is a chance for him to put himself back in the national conversation. those two huge moment he had at the debates, within you moderated with juan williams and with cnn and john king. he could still be very relevant in this contest. >> reporter: that's why people say romney and santorum don't agree to other debates because they don't want to give begin grimpt potential oxygen in this

race. in florida gingrich had what many called a lack user performance -- a lackluster performance in those two debates. this will be interesting to see how gingrich plays it. he's getting an infusion of money from this super pac. and then you have ron paul who factors into every debate and has arguably had good standing debates the last three. megyn: thank you for mentioning him and saving me the 200,000 emails from his supporters. who has the most to lose, romney or santorum? >> reporter: that's a great question. you talked about michigan and how important it is. delegate-wise. if someone comes in second since it's proportional the difference is not a big deal as far as the number of delegates you would get first and second.

but the big deal is the mow men full heading into super tuesday. if romney were to lose michigan that would be devastating for his campaign and the electability heading into super tuesday. i think you will hear a lot of talk toward michigan even though the dough bait will be in arizona. megyn: we saw a different sort of mitt romney at the last couple debates. he had a sharper edge. he was a little bit more on offense. in prior debates it was all about president obama. then what does he do? he fires the debate coach, a guy who had come over from bachmann's campaign. that guy is gone, bret. do we have any idea what romney is doing to prepare for what could be an important night for him? >> reporter: that's a good

question. bret o'donnell was let go after he got a lot of attention. we don't know exactly what he's doing to prepare if it's anything different than what he has been doing. but this comes as he's laying out his new economic pitch with a big pitch to the detroit economic club friday and talking about it today as well. the interesting dynamic is santorum who has bind attack on a number of social issues, whether he will have to field questions about that and whether he takes the role newt gingrich has in the past, which is going after the media saying they are trying to take him down. i think you will hear that from rick santorum. megyn: just so our viewers know. special report has been looking really sharp lately, and great topic. your senior executive producer has been getting a lot of the credit. now there is a rumor you are getting rid of him because just like the romney campaign ...

>> reporter: no, he's going to stick with us. what about that move? it's an interesting move. so your performance gets better and people praise and you fighter guy who is reportedly behind. i don't need him. we'll find out tonight whether that's true or not. see you tuesday. melling * we have been watching rising anger over. megyn: we have been watching rising gas prices. the average price for a gallon of regular is almost $3.48. many experts are saying the nationwide average for gas prices will top $4 a gallon nationwide by memorial day. ed henry just heard the president's spokesman defend the administration on this. this seems to be a daily thing these days. >> reporter: a lot of

questions on the daily briefing about rising gas prices. they have risen a doll and a half on a national average per gallon since the president took office. they know this could be a big political liability in november and they are trying to move quickly to address it. we are hearing the president tomorrow will be giving a speak trying address this. on the supply side this president has been increasing oil production, increasing natural gas exploration and on the demand side by raising fuel efficiency standard it means there will be many billions less barrels of oil needed to fuel cars, and basically jay carney was saying it's not the president's responsibility these prices have gown. take a listen. >> if you are suggesting there is responsibility for price nieks the -- hikes in the global

price of oil, it's certainly not because of anything he hasn't done to stand domestic oil and gas production because he has taken significant action to expand american gas and oil production, and he will continue to do that. >> reporter: interesting the one big thing jay carney is touting at the podium is the increase of oil production on this president's watch. if you think back to the 2008 campaign when john mccain was talking about drill here, drill then, then candidate obama was mock obama saying that was his only strategy and it wasn't going to work. though mccain insist he had an all of the above strategy. the president says he has an all of the above strategy. so he's using some of the same rhetoric from 2008. they know they are under pressure. the unemployment rate has been coming down.

but if gas prices go up the president will be in trouble. megyn: we have heard reporters ask if that's real. we'll talk about that in 20 minutes right here. thank you. fox news alert. a virginia man accused in a plot to bomb the capitol is going before a judge in virginia. the moroccan national was arrested friday following a year-long fbi investigation. suspect accused of planning to blow himself up at capitol. but we are learning he also had or targets in mind involving the u.s. military. catherine herridge is live in washington with more. >> reporter: at this hour the detention hearing for amine khalifi is underway. he overstayed his visa. and his focus was on military

targets. inside the federal courthouse we expect the government to make the case that khalifi is a threat to the community, a flight risk and should be denied bail. according to court documents the moroccan national wanted to blow up a building in alexandria, virginia that housed military. and a restaurant popular with the military. there has been a dramatic rise in plots against the american military. the report reads 70% of the plots occurred since mid-2009. and five plots have been interrupted in the last decade. >> i know the military is concerned about a significant number of people actually in the military who they believe have

extremist tendencies and connections and they are watching them very carefully. >> reporter: what you see in the khalifi case is common in other cases. they believe the u.s. government at war with their religion so they believe people who wear the uniform are legitimate targets. that's why we have seen this spike in the last couple years. megyn: prominent american war correspondent killed in bashar al-asaad's bloody crackdown on his own people. in three minutes wait until you see some of marie colvin's final heart wrenching reports on how bad this crisis has become. some people are putting the number at 9,000 people dead in syria and what if anything should the united states be doing about this? ambassador bolton rejoins us

after the break. ed henry just reported on the rising gas prices. who should be taking responsibility for this. >> i think it's outrageous. i drive 68 miles a day. one way each way. it's costly. it's breaking the bank, basically. >> our prescriptions and going to the doctor and stuff, we are having to cut out on, and groceries. if you're one of those folks who gets heartburn and then treats day after day... well that's like checking on your burgers after they're burnt! [ male announcer ] treat your frequent heartburn by blocking the acid wi prilosec otc. and don't get heartburn in the first place!

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megyn: back to one of our top stories. new attacks by syrian government forces claiming the lives of two western journalists. some put the death toll in syria as as high as 9,000. american war correspondent marie

colvin and her photographer killed yesterday in homs. from the sunday times of london, owned by news corp, the same parent company as fox news channel. the city where she was killed is at the heart of the uprising against bashar al-asaad it's under near constant assault by syrian forces. in her final report she told the story of a 4-year-old victim of that shelling. this report -- we'll only show a short excerpt of it -- it's very disturbing. >> reporter: the granted mother had been helping in the emergency room shouting, that's my grandson. the doctor said there's nothing we could do. we just watched his little tummy heafg -- heaving as he tried to

breathe. the building i am in has been hit. in fact it's been destroyed. there are no military targets here. megyn: marie colvin would be dead within hours. rejoining me now is john bolton, a former ambassador to the u.n. and a fox news contributor. marie put such a point and what is happening over there with the video and report about that 4-year-old boy dying before our very eyes then losing her own life in trying to cover a story about a massacre happening -- that we the international community have been able to do nothing to stop or slow. >> i think that's right. while there is some possibility of putting in humanitarian assistance. the fact is this is a proxy war between iran backing the

al-assad regime and sunni arabs led by saudi arabia on the other. unless the u.s. is prepared to go after the al-assad regime in syria and deal with the menace of the ayatollahs in iran, it's unlikely we'll be able to do anything to stop this horrific violence. megyn: you can't just go off the puppet syria, you have to go after the puppet master iran. >> i don't think the obama administration is ready to do that. we have reports of al qaeda being involved, and there is no doubt among the sunnies in syria and those who back the al-assad leadership. there could be a bloodbath it's a tough place. megyn: you are talking about

possible al qaeda in the pro-democracy opposition forces. jay carney said the international community needs to act but we don't want to take action that would contribute to the further militarization. >> i don't know which opposition forces we would armpit's hard to imagine syria being any more militarized than it is. i think we should have worked on it a decade ago but we didn't. if you are not prepared to take action again rogue states like this that terrorize their own people and you aren't willing to make the hard decision for regime change, this what is you end up with. megyn: if we don't take on that huge battle with iran, that

4-year-old boy gives an image. he is dying before our very eyes, shelled by his own government. we heard a report about all these babies in incubators dying because they shelled the hospital. these are babies and children who are dying. we help in so many places on ought globe. what are we doing here? >> this a consequence of american inattention and weakness. nobody thinks we have a strong position in the region. the russians and the chinese vetoes the administration's only plan which was a security council resolution condemning the al-assad regime. so we are right up against it. this administration prides itself on having pressed that reset button with russia.

megyn: thanks for your insights on it. coming up jury deliberations are underway at this moment in the murder trial of this former university of virginia lacrosse player. the jury passing a note to the judge. we'll tell you about it as the jury undertakes deliberation that could send this young man away for the rest of his life or for one year. some are saying the rising gas prices are starting to hurt or economy. just ahead he, who's to blame for this latest price hike. barry white and olivia newton john. we'll show you what these two singers have in common and why their names are now in the middle of a big murder trial. "kelly's court." @=h

megyn: we are on verdict watch. jurors deliberating the fate of george huguely. he's charged with first degree murder in the beating death of his ex-girlfriend yardly love. he could face one year in jail to life behind bars. now we learned the jury has handed the judge a note. >> reporter: they began hair deliberations at 9:24 this morning. they have been deliberating for just a little bit short now of 5 straight hours. the only thing we can infer from

those deliberation, they asked for and received a lunch about an hour ago. a sheriff's deputy brought in boxed lunches. they also asked the judge, what is the definition of reason. the judge elected not to answer that. he instead asked the jurors to use their common sense and every day experience to define reason. about it appears to pertain to question number 21 which relates to frame of mind during the commission of a crime including such thing as rage, malice and reason. the jury must consider six separate alleged crimes. they are first degree murder. felony murder. robbery of a residence, burglary, entering a house with the intent to commit a fellly and grand larceny. even if the jury fails to convict on those murder charges

they can still convict him of robbery with a sentence of 5 years to life in prison. after the jury reaches its verdict they will be impaneled almost immediately. they will be hearing from many, many witnesses in the sentencing phase. a lot of teammates of george huguely and yeardley love. family members, coaches. it promised to be every bit as riveting as this trial itself. megyn: the price of gas is soaring. people paying a lot more at the pump now than they did this time last year. we have set a record for the highest gas prices in february ever. in three minutes we'll investigate who or what is to blame. it was the mine disaster in four decades. 29 people died in a virginia

last in 2010. now criminal charges. a murder suspect says he is innocent, blaming barry white and olivia knew stop john. we'll d olivia newton john. we'll explain in "kelly's court." >> there was an email which was commit ridiculous.

megyn: we are watching a couple developing stories including one

in west virginia. federal prosecutors are charge the former superintendent of the upper big branch mine with fraud in connection with the deadly blast that killed 29 men. honda recalling 46,000 of its popular odyssey minivans. faulty parts can cause the rear door to fall on people. they offered to replace the parts free of charge. today marks the 15 straight days of gas price increases across the country. consumers are starting to ask who or what is to blame. in knoxville, tennessee, gas is 50 cents more than the same time last year. in lawrence, kansas, at $3.46, nearly a half dollar gain. in tulsa, oklahoma, it's 30 cents higher than the price last year there. the average price nationwide is

almost $3.58. 40 cents higher than this time last year. now folks are wondering why. matt mccall is president of the penn financial group. and the form communications director for jon corzine. here we are february, setting records we don't want to set. they are talking about $4 and $5 gas in parts of the country going into the summer. let's try not to make it a political blame game. what is behind and what can be done about it? >> i don't want to blame it current administration but i have to put some blame on them. we had the 2010 oil spill in the gulf of mexico with a moratorium offshore, that's one reason. and you have the keystone xl pipeline.

however, we look back over the last three years, we shut down two major source close to us, basically coming from allies from canada or our own shore that now is not coming online for a very long time. wa have a supply issue a the issue in the middle east as well. >> global oil markets are the global oil markets. what happens in united states is not just relegated to the united states. ahmadinejad just cut off oil supply from iran to parts of the eu. the straits of hormuz are under threat of being shut down by him. megyn: that threat was happening before the spike. >> that threat has ramped up in the last two weeks dramatically. now people are expect can the israelis to strike. and the last two weeks, the last

few days the iranians have shut off supplies to britain and france. this is a global market. we have the highest domestic oil production in the united states in the last 10 years. we have more my domestically than any other time in the last 60 years. megyn: they were asked yesterday, do you take credit or share the with the bush administration. they say either wait' the truth. >> you have to go back to the clinton administration. it often times takes a decade to get that oil out of the ground into production. so we can go back to the early bush years, late clinton years. it's slightly higher in the last years. >> then why blame keystone or what's going on now. >> because when you buy oil futures you are betting on the

future. megyn: what does it mean when you buy oil futures. >> when you buy an oil future you see it fluctuate, you have people that speculate where they think the price is going not future. they are looking at the fact that supply is not increasing because we don't have the pipeline. the drilling will take a long time to get back in the gulf of mexico. we don't have the supplies coming online. >> 75% of the gulf of mexico antarctic in this country is opened up to domestic oil drilling. this president has done more than his predecessor. he's only been in office for 3 1/2 years. you can't blame the guy for not dmomght first day and opening this up. you can't blame barack obama for something that's 10 gleerts making and say something happening today is his fault as well. in that case blame george bush

for 10 years ago. megyn: he got hit with the acausation that he shut down too much drilling after the bp oil spill, he shut count permitting. the white house is going to give this speech tomorrow talking about what he's done. they are saying it's been record permits have been granted, they are liberal with the permitting and that is an unfair charge. >> they have been coming under a lost attacks from the environmentalists saying they are opening up too much. 75% of the gulf and arctic is open to domestic drilling. that's an unprecedented amount. if you are look at why the last two weeks we have seen spikes, it has little to do with what's going on in this country or keystone. it has everything to do with what's going not middle east. >> we have seen oil prices the last six months move higher.

megyn: what do you think is doing it? the fact that we didn't do more oil exploration here and permitting here and keystone? demand is increasing. they are taking a lot of oil up. the first thing china did when they stopped the keystone xl pipeline, china said we'll take that oil. they are building a pipeline to ship oil to china that should be coming to us. that's take away supply that we could be using as americans. megyn: obama blamed that keystone thing on the republicans, jay carney did, saying you put this accelerated deadline for me to say yay or nay to me and at that point couldn't say yay because the route wasn't clear and the aquifer was in danger.

>> the rerouting was done at the request of the republican governor nebraska. at that point the administration went back and said let's reroute this pipeline and the republicans moved up this deadline. the republicans wanted a dead line when there is no route that exists it's hard to approve a project when you don't know what the final route is. if the republicans want to blame somebody they might want to blame it republican governor of nebraska. you can't approve a pipeline when there is no route. if they want to blame somebody, blame him. megyn: is that case, matt? we had the guy behind the ketone pipeline saying they submitted two routes. >> have you ever looked at a map of the pipelines running through the midwest. the fact that you had one more adding in, this is a political

move because president obama is pressured by the green party. >> i have no problem with the pipeline but i have a problem when the republican governor of nebraska says don't come through my land. megyn: how will it play politically. now suddenly you are paying $4 for gas and who is to blame. o'reilly is big on the speculators. he says it's the speculators who are to blame. >> you will have speculators but that what makes the market. megyn: are the oil companies gouging us? >> i don't think they are. these oil companies make money. would you rather -- >> we give them tax breaks. they take enough our tax dollars because we give them tax breaks. they have record profits. they pay themselves record compensation and we have record -- and the people at the pump keep suffering. at end of the day if you want to

blame somebody you can't make this an entirely political thing. >> apple should be vilified, too. they are making record profits. megyn: swhwinn, banana sight. two iconic singers with something in common. barry white and olivia newton john find themselves involved in a bizarre murder trial. [♪]

megyn: "kelly's court" is back in session. an apparent love triangle end in murder.

the suspected killer says a demon and angel told him to do it. he's accused of killing his alleged girlfriend's husband. gunk him down after the victim dropped off his son at daycare. he says he pulled the trigger after he was visited by demon that looked like barry white and an angel that looked like olivia newton john. but police say this murder was carefully planned and carried out. the woman at the center of this worked for the defendant newman. the defense and the prosecution say that she was having an affair with the defendant but she is the on one in the case denying that. >> how do you kill someone else's husband?

i don't care if there are affairs or no affairs. wedding anniversaries. we were married in florida. and the synagogue in florida. i was down there with my family. megyn: wait until you see the neck clip we have of her. joining me now is lis weihl *. this is incredible to me. basically the allegation is she was cheating with the defendant on her who is now her dead husband. the defendant who gunned this guy down in cold blood is now claiming insanity, invoking olivia newton john and barry white. is there any evidence the guy was insane before he get rest and charged with murder? >> no, this insanity defense is nuts. you have to be able to show he didn't know right from wrong. he went out and got a disguise for this murder. he rented a truck for this murder. he did this murder at the

beginning of the day when there was lots of traffic and everyone is commuting. he got in this rental truck and scooted away, all the while leaving his phone where he worked. this all to hide something. by the way, this demon that apparently appeared to him also told him to kill himself. megyn: it's so convenient how you on hear from the demon that hurt others. mercedes, as i look at the evidence, they say that his mental illness runs in the family. that his family had been taken to auschwitz by the nazis and this is the nazis' fault. >> when you have got the facts so against you as this defendant does, bring in the experts, because that's what he's going to do. he's going to bring in an expert that says this is a mental

illness this man had. he's bipolar. he has a terrible tragedy where most of his relatives were killed in concentration camps. he had a violent father it was a terrible childhood. all of this upset the man so much that at the time of the murder he couldn't tell right from wrong. megyn: here is where the alleged affair comes in. keep in mind the wife of the dead man is denying to everybody that she had an affair. he was her boss. she says we just traveled together on business. yet the prosecutor called her as a witness. she was witness number one for the prosecution. and gets her on the stand and looks like he's cross-examining her. listen to her when under cross-examination -- under direct examination about the notion of an affair and email she had with the defendant. >> this is a gentleman who has

fathered you with i love and marry me it many a fantastic idea to go with him to a dance club. >> that how you are reading the email. >> then tell me how to right. i just know english. megyn: she allegedly booked a single room for herself and this department in england. she called to ask the hotel staff to change the room to one with a larger bed. he sent her an email about emails and chocolates. she wtes back so thoughtful and sweets. have they established an affair or not. >> absolutely. >> in that email where she says marry me, she says desires far from reality right now. we'll have to wait. i guess i don't speak english, too. megyn: she didn't want her testimony to be public.

if they can prove an affair, they have got motive and that won't help the defense. >> that's exactly right. but here is something brewing here. did she have any involvement. that's something the defense is going to establish. my client was so in love with him. she kept leading him on. you read these emails. she led him on to the point that he lost his mind. megyn: it was not olivia's and barry's fault it was her fault for leading him on. >> you still have to make the legal test which is knowing right from wrong. that sinks him right there. look at the john hinkley case. he tried to assassinate ronald reagan. he came forward with the defense, i'm in love with jodie foster. the jury bought it. there are lots of folks saying there is no way people will

believe that. megyn: he's hopelessly devoted to her. we'll be right back. tack happend completely out of the blue... i was so young... you just don't think that that's something that can happen to you. i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. first line of defense, right?

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megyn: a woman pushing a stroller in texas is struck by a bullet fired in mexico. she is the first known person shot across the border in that way. fox news is getting an exclusive look at america's border war.

>> reporter: we spent two days following janet napolitano. in arizona border agents sometimes have 60 miles of desert to spot and capture drug smugglers. in texas sometimes they have just a few feet and less than one minute. homeland security secretary janet napolitano says that's what makes the fight here different. >> you have got different brush, the river loops in and out. you have got different road structure and more places to hide. some of the things we can use in arizona where there is lots of empty space doesn't work so well here. we have to use different technology here and we have to make sure we have enough boots on the ground. >> reporter: local mayors are pushing for more personnel and more lanes to move trade faster,

especially perishable goods which are a favorite hiding place for drug smugglers. illegal aliens from outside mexico cross the border into the u.s. most those otms are from central american countries, but those from countries of special interest get a great deal of attention when they are captured. megyn: major developments in the tense standoff with iran. why one think tank is saying the islamic republic has clearly been lying all along about the nature of its nuclear program.

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♪ every time it rains, it rains, it rains ♪ >>megyn: loose change really