their best numbers in weeks against president obama. according to rasmussen reports, mitt romney is now tied in this a national match-up with the president, 44-44. and rick santorum is within striking distance, trailing the president by just three points, 46-43. this comes after the momentum appeared to be with the president for most of the last month and a half. joining me now to break it down, bret baier, the anchor of special report and scott rasmussen of rasmussen reports. i don't mean to ignore ron paul who is now beating the president in that head to head match-up, 43-41. and so as these contenders go to the polls, we'll start with you on it, scott. they have some reason to be optimistic on the gop side. >> well, they do, and i think what these numbers really tell us is it's still all about president obama. whether it's ron paul, rick

santorum or mitt rom think, the president's getting between 43 percent and 46% of the vote, essentially the same, and the reason republicans are gaining ground is because the president's job approval has slipped back from its peak at valentine's day. more than likely this has to do with gas prices that are causing some economic jitters. but again, it's more about the president than it is about the republicans at this time. megyn: you're reporting that the president's strongly disapproval number is now above 40%, strongly approve just above 20% giving him a net negative unlike any you've seen so far. what accounts for that? is it all gas prices, do you think? >> well, you've got to put it in perspective. we did see numbers back before election 2010, the president's had some ups and downs since then, but really where he is today is where he's been for most of the last couple years. he had a nice bounce at the beginning of this year, we had a good jobs report, he gave a state of the union address. we've seen consumer confidence sliding in the last couple of

weeks, and that's when the president's job approval has slipped back down. obviously, consumer confidence in october and november is a lot more important than it is in february, but this is a good indicator of where things are today. megyn: bret? hi. >> hi. [laughter] megyn: see you in a couple hours, but i want to ask you this: what does this say that you now have all, all three of these gop contenders -- gingrich is behind when it comes by ten points when it come toss a match-up with president obama -- but what does it say after months of these gop candidates going after each other with these negative ads of romney, santorum, that they're all either beating president obama or within points of president obama this. >> well, it says a couple of things. one is the mitt romney argument that he's really the only one that can beat president obama i don't think stands up if you look at these polls. if you look at the average, president obama is still up a few points, but it's about the same between romney and rick

santorum. two, this will be touted by the ron paul campaign ad nauseam, especially as they head into virginia when they're the only ones on the ballot up against mitt romney in virginia. so you will hear this poll guaranteed by ron paul and his folks. and, three, negative ads make a difference. and when millions and millions and millions of dollars are spent against someone, it effects poll numbers. and perhaps that's what you're seeing in the split with newt gingrich. megyn: would you have expected to see these republican numbers in head to head match-ups against president obama be lower in, you know, because i guess you could argue either way. you've got the republicans bashing each other every day on the airwaves and debates and so on, but they're also bashing president obama. so, you know, has it been a net gain for the republicans to have this long, extended primary, or has it not been a good thing? >> i mean, i think time will tell, megyn, but the conventional wisdom is that the longer this goes on hitting each

other back and forth, the worse it is head to head with president obama. these numbers suggest otherwise. but on the average of the polls it would seem that republicans are hurting themselves in the long term by continuing to go after each other, especially on the personal attacks that don't deal with the policy, the big policy issues that people are wanting to talk about. megyn: so they're hurting each other, but razzie -- he doesn't like it when i call him that -- who's hurting the president? why does he have the losses we're seeing against some of these gop candidates? >> well, the president is responsible for what's happening in the world around us. people are voting as if it's for or against him in these polls and other things. in fact, we know historically that a party's front runner always polls a little better than the other candidates because it's still about the president. so what happens? if people are feeling better about the economy, better about the world around them, the

president's numbers will go up. if they feel worse, the president's numbers will go down. that happens regardless of what the republicans say. bret was talking about is it good or bad for the republicans to have this go on, it probably is a little of both. the one thing that is potentially a very big plus is they're getting more practice, and they're getting some of the dirt out early. hit t romney is going to be better at answering questions or rick santorum will be better at answering questions because they faced those questions now. >> let me add one thing, megyn. megyn: quickly. >> it's clear these polls are volatile, and there's been a lot of shifting, i think scott would agree to this, that, you know, there are some polls that put president obama above 50% in the past few days. there are others who say he's lower than what scott's polling at. so the polls are very volatile right now as people are tuning in. megyn: don't say it right in front of him. he's right there. [laughter] >> he's good at what he does.

>> i actually agree with bret. megyn: we'll leave it on that happy note. bret, and i would love it if you would join us for complete coverage of the michigan and arizona primaries, tonight at 6 p.m. eastern with special report, and then we'll come on, we'll bring you the results as we get them live right here on america's election headquarters. well, some mixed signals on our economy today starting with bad news for u.s. manufacturing. business slashing their year-end budgets, sparking a major drop in orders for durable goods. they tumbled 4% last month, and that is the largest drop in three years. and the housing industry not doing much better. experts say home prices fell for a fourth straight month in december. prices nationwide are apparently down 34%, the same level as they were back in 2002. despite all that, researchers say consumer confidence is actually up. positive reports on the job market bumping confidence up to

70.8% in february. got an alert coming in, moments ago fox news confirming that a third student has died from that high school shooting in ohio yesterday. this as we're waiting for the arrival of the suspected teen gunman in court this afternoon. t.j. lane is accused of opening fire inside the cafeteria at cleveland high school in ohio yesterday morning killing now three students and wounding three others. lane is being described as a loner with a troubled past. his juvenile court hearing will take place in an hour from now. national correspondent steve centanni is live in chardon, ohio, with the latest. steve? >> reporter: well, megyn, the magnitude of this tragedy just keeps getting worse hour by hour, day by day. we've now lost three of the students in the school shooting that took place 7:30 a.m. yesterday morning. as you said, the alleged gunman, a 16-year-old boy, is due in court in just a couple of hours. now, this community, this small

town of about 5,000 people 30 miles east of cleveland is reeling, trying to deal with this shock. it's shot been easy. they had a candle l light vigil last night, more memorial services will be planned. the school superintendent spoke just a little while ago, here's what he had to say. >> just really not a lot you can say. of when you're responsible for the safety of 3100 kids other than the fact that we're going to do the best we can to make sure that our schools continue to be safe. >> >> reporter: the gunman identified as. the j. lane -- t.j. lane opening fire yesterday morning, students ran for their lives. some of them tried to chase him, he ran about a mile down the road before police finally apprehended him. he's in jail, and he'll be in court this afternoon. one of students at the school described what she saw and knew. >> we heard a kid running down the hall, and he was like get down, get out, and then we heard

the door slam. that was pretty much all that i heard, but everyone was taking out their phones, texting their parents, like, hey, i'm okay, i don't know what's going on. and then we heard, um, that there was a gunman at the school, and we -- there was a shooting, and then that really hit us. >> reporter: and just to show the pictures of the two boys who have been identified up until now, 17-year-old russell king jr., 16-year-old danny parmetor, and now demetrius hueland is also dead. megyn: we are learning more this afternoon about a scare involving a plane full of passengers and landing gear that would not work. the pilot of a united express flight had to get on the intercom and tell passengers to brace for an emergency landing. that's the one word they say you never want to hear on an airplane, brace. and while none of the 71 passengers on this flight were injured, new audio shows that's probably because the pilot kept

his cool. trace gallagher has live her from l.a. >> reporter: and, megyn, the pilots and the passengers knew about this about 45 minutes ahead of landing. if you're a passenger, that is a long time to know that an emergency landing is coming up. now, as the pilot got closer to newark, he got on with the air traffic controller talking about a situation with the air traffic control wanted him to do a fly by so they could get closer look. listen. >> reporter: yeah, you got no nose gear, so the pilot was coming in east way on the -- either way on the front of the plane. the passengers are then given

their final instructions. here's one of them talking earlier on "happening now." listen. >> as we're coming in, um, the flight attendants this the back were announce -- in the back were announcing prepare for crash landing, get in the crash position x they kept repeating it over and other and over again. and the pilot said about to crash, about to crash land, crashing and then we just scudded into the ground -- skidded into the ground. >> reporter: another woman texted her husband saying, quote, the plane i'm on from atlanta p will be doing an emergency landing, the landing gear will not open. i love you. the pilot touched down on the side gear and then bled as much speed as possible before finally touching down on the front of that plane. listen again. >> reporter: nice job, boys, indeed. 71 passengers, megyn, no

injuries reported. megyn: wow. trace, thank you. >> reporter: yep. megyn: well, the president's re-election team attacking two private citizens again in a fundraising letter that those private citizens are now speaking out about, calling it irresponsible and misleading. just ahead, are you fair game if you come out and criticize the president and spend money to defeat him on his re-election? we'll discuss it with laura ingraham. plus, reports of new evidence connected to one of the most famous stories in the bible. why two researchers today held a news conference on what they call the lost tomb of jesus. and our nation downing under more than $15 trillion in debt, but wait until you hear how much we just spent on a new soccer field for the detainees at guantanamo bay. @=h when you have diabetes...

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calling out president obama other what they say is a irresponsible and misleading message to supporters. charles and david koch are firing back at the president over a fundraising letter that specifically attacks them. the letter went out to supporters of president obama on friday. it's from his campaign manager, jim me seen that. it states, quote, those are the same koch brothers whose business model is to make millions by jacking up prices at the pump and who have bankrolled tea party extremism and committed 200 million to try to destroy president obama before election day. now some are questioning the president's decision to target private citizens who are opposed to his re-election. joining me now, laura ingraham, radio talk show host and fox news contributor. laura, the koch brothers have taken it for a now, since the 2010 elections at least the president and his team have been going after them, and now they had their lawyer write a letter a couple weeks ago, now they personally are writing to the

president saying, knock it off. >> yeah. ted olson who wrote the letter on behalf of the koch brothers pointed out, look, we used to talk about the enemies' list, how disturbing that is in a representative democracy that the executive branch would seek on its own whim and its own whimsy to just pick out one or two individuals and spread untruths, falsehoods about them in an attempt to shift blame on an issue like gas prices -- that's going to be a big one in november -- and also perhaps to discourage others from getting involved this the political debate. now, i would imagine in the koch -- if koch brothers became suddenly supportive of the president, we wouldn't see those letters. megyn: they write the implication in this sort of attack is obvious; dare to criticize the president's policies and you will be singled out and personally maligned by the president and his -- they talk about how this is an abuse to have president's position and

a disservice to the nation. >> is he not supposed to be the president of all the people? that was the great promise of the obama administration coming in, i'm going to represent all of america. you might not have supported me, but i'm your president. that has to apply, right? and you can have a robust exchange of ideas, and i'm sure the campaign has disagreements with where the koch brothers come out on issues, that's fine. why is it we can't have a debate about the issues, about tax and energy policy? why must it go to this level from the highest levels of our government? i mean, this is a campaign letter, no doubt, but this comes from the guy who's the chief -- he's the guy in charge of obama's effort to get himself back into office. this should send a chill down the spines of everyone out there who's watching fox now because if you dare to question, you might not have the money of the koch brothers to defend yourself. megyn: or the microphone that they have. >> right. of course. megyn: but let me, let's just go through it because it's not just this jim messina letter that he

wrote to try to get president obama's supporters to think ill of the koch brothers. back in 2010 there were ads released in the leadup to the midterm elections glsh the new halliburton. remember? megyn: but then it went on, henry waxman wanted to subpoena them on what role, if any, they had in the keystone oil pipeline, they said we have no role, why are you looking at this? and austan goolsbee came out and made a statement about their taxes that led to a congressional investigation, and they, there was a question about whether their taxes had been looked into. and now this. it's been a pattern. >> yeah. the full force of the u.s. goth will be brought -- government will be brought down on you if you dare to question and if you have a platform and if you've done well, if you have money, watch out. of that's the message here. and what i'm saying is remember what happened during the health care debate. remember when there was that concern that the insurance companies were going to try to stand up for themselves, and the

white house was very clear that we weren't going to tolerate dissent on building the case for obamacare. they shut down a real robust discussion about that inside the white house. megyn: and then some companies had to restate their financials after the health care law was passed. >> yeah, exactly. megyn: and waxman, again, wanted to subpoena them and have them justify why they were going to raise -- they had to revise their financials. >> megyn, liberalism in its truest form was about a free exchange of ideas, right? and if you're a liberal traditionally, you're someone who likes to debate. but what we have now in washington is we have a number of people who are this power, obama's in power, they really don't want to debate. they don't want to be questioned on what happened with all this green money that went down the tubes, they don't want to be questioned on just what went into this health care mandate at hhs. they want to demonize and divert attention. now it's about the koch brothers, later on it'll be about talk radio. megyn: i don't know, you're in the business of forming

opinions, but if you're a private citizen, maybe it's different. however, does it switch over to another realm when you are as big a doe author and have as much influence as guys like the koch brothers have? >> bill maher's going to spend a million bucks on obama's campaign, would it be appropriate investigate his dealings? unless they're doing something illegal and unless they have real reason, legitimate reason outside the fact that they disagree with their maybe political position, i find this to be an attempt to shut down legitimate inquiry, debate and robust discussion. and if you're a democrat or a liberal watching fox, we love the fact that you're watching, but be proud of your ideas. make an affirmative case for the president's agenda. megyn: how would it be if shoe was on the other foot? >> first amendment threatened, we know what's going on. megyn: coming up, secretary of defense telling congress that health care costs for the

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megyn: well, police in maine now say they suspect foul play in the disappearance of a florida firefighter. 31-year-old jerry has been missing for nearly two weeks. he was in maine reportedly to visit a friend. police have already questioned these two, daniel porter and his girlfriend, cheyenne nowak, about histy appearance. they were the last to see jerry before he vanished. police have not named any suspects in the case. it is a discovery of biblical proportions. literally. researchers sparked a major controversy back in 2007 after claiming they found, quote, the

jesus family tombs. but after finding a new carving of one legendary whale, they now believe they've discovered the earliest record of christianity ever. trace gallagher has more. trace? >> reporter: and, of course, the bible says, megyn, that jonah was swallowed and spit out by the great fish, so the sign of jonah as mentioned by jesus in the gospels christians believe is a sign of the resurrection. but remember, the gospels date to about 200 or 300 years after jesus died. even the earliest forms of christian art depicting the sign of jonah are about 100 years after jesus died. so these researchers have now gone in to, believe it or not, a condominium complex outside the old city of jerusalem, and under that complex about eight feet beneath a basement they believe this tomb along with another tomb that was found in the same complex about 32 years ago are the tombs of jesus of nazareth

and his family. now, the archaeological evidence which, by the way, as you see right there is written in stone including the sign of jonah is, experts say, strikingly consistent with the text of the gospel. so in other words, what the researchers have done here is they've pushed back the clock to find evidence of the resurrection shortly after jesus died. now, as you might imagine they are still searching the tomb for more evidence, but christian scholars have looked at this and said that this along with the gospels, the match is significant when it comes to christian beliefs in the resurrection. fascinating stuff, megyn, coming out of jerusalem, and they are still searching. megyn: sure is. plenty more details on this whale of a tale. go to our web site, foxnews.com. well, it's the coffee break that could have cost a teacher her life. three fifth graders now either suspended or expelled, it

remains unclear, after allegedly lacing their teacher's coffee with rat poison. does the punishment fit the crime? that's on the docket in today's cel hi's court. some are asking why the cops are not talking to these kids. plus, israel saying if it decide to attack iran, the white house will not get advance warning. the story behind that top of the hour. and operation fast and furious may be with just the beginning. congressman darrell issa joins us with what he says is new evidence of another failed gun-running sting that may have led to the death of another border agent, and eric holder on the defensive today. look at this. >> once this was brought to my attention, i stopped it. i stopped it. in in spite of what other attorneys general might have done with briefings that they got, when this attorney general heard about these practices, i said to the men and women of the united states department of

justice, to the field, to people at main justice this ain't going to be the way we conduct business. stop it t.

megyn: the canadian company behind the blocked keystone oil pipeline now says it will build a shorter pipeline from oklahoma to texas. the smaller project is scheduled to be finished next year. investigators now say a

deadly elevator accident in manhattan was the result of human error. maintenance workers never e restored an emergency system before returning it to use. and a birth control pill recall because of the packaging error. pills in some pacts were packed in the wrong order which could make the drug less effective. did president obama's apology for the burning of qurans in afghanistan make matters worse? that's the charge being issued by some today as the protests and violence continues days after the white house attempted to extend an olive branch. the holy books were sent to the trash and burned because detainees had reportedly been writing with extremist messages in them. since then deadly violence has raged across that country, some afghans even turning on the very

u.s. troops working alongside of them. charles krauthammer now among those asking whether president obama's apology did more harm than good. >> i think what's happened over the last few days is definitive evidence of how ineffective the apology has been. if i thought the apology would save one american life, i'd swallow hard and say it's all right for the president to go ahead and do it, but he did do it, and it did not soothe the savage mob. in fact, it intensified the violence. megyn: joining we now, leslie marshall, a syndicated radio talk show host, and lars larsen, host with compass be media networks. thank you both so much for being here. we're hearing more and more of this, and it's not just charles krauthammer. many are starting to say, a, he shouldn't apologize in the first place, but b, it's made things worse because it's made us look like we did something wrong. your take on it, leslie?

>> well, when george w. bush during his administration made the decision to apologize when there was a quran what was riddled with american bullets, he did so as one, as the leader of the free world basically saying i know this was wrong. it was a diplomatic move. i agreed with him doing it during that administration, and i agree with our president doing it now. we cannot, as we know -- and hindsight's always 20/20 -- say that an apology, given or not, is responsible for the violence when the violence is coming comm pa gnat call-minded individuals over this. right now in afghanistan a lot of the people are viewing americans as occupiers because we're there longer and longer, and they're angry. and this is one of the ways, unfortunately, very violent, i do not agree with it, no one should, that they are taking out their wrath and their anger. in my opinion, this has nothing to do with the apology or not of this or any president regardless of their party.

megyn: lars, president obama apologied in a letter on february 23rd, the next day was the worst of the violence we've seep in connection with this incident, more killed over the weekend, nine people in a military attack all related, they say, to this quran burning. so there is a question about, i mean, whether it would have been more without the apology or whether we would have had any of it if he hadn't apologized. >> megyn, you know, i've always said that charles krauthammer's one of the brightest minds out there. he's absolutely right, and we've been saying on my radio show that this added fuel to the fire. the president threw gasoline on this situation, and was it any surprise that leslie had to invoke the name of bush since he's to blame for virtually every problem on the planet earth? the fact is a number of mistakes were made here, and let's put it this way. do you remember during the bush administration, leslie, when you and your friends said when something happened on the night shift at abu ghraib prison, it was george bush and donald

rumsfeld's fought. well, who do you see among the media now saying this is the president's fault? his defense secretary, a bad call was made by a military commander to instead of sending these backs back to langley to be analyzed for whatever content they might have in those messages, they were thrown in a trash dump. now, that was an innocent mistake and an unintentional slight to the religion. by the president coming out and saying we're wrong, we apologize, we're sorry and not just once, he did it twice, and he called the second one a severe apology, whatever that means. i didn't go to harvard, so i don't understand what a severe apology is. he's the commander this chief, why isn't he being called on this? megyn: leslie, another point we're hearing from some including rush limbaugh is when you have repeated apologies and you know folks on the right believe president obama is, they call him a serial apologist, that it undermines the effectiveness of the apology.

here's rush on that point, take a listen. >> obama doesn't help this along by apologizing left and right, over and over. victor davis hanson points out in national review, look, an apology maybe one time if done right in the right place, the right time and the right tone and tenor might have an impact, but when you just do it again and again and again, all you eventually say about yourself is that you're a weakling joke. and that's what obama's doing. i think it's just absurd. megyn: any truth to that? >> well, this is coming from a man who wants this president to fail, so i'm not surprised at this remark. >> oh, leslie. >> you know, i don't agree with that. and, lars, you know, seriously, i'm not blaming bush, and i didn't blame bush, and i don't like when this administration blames bush, and i've said that with you right here. what i'm asking -- yes, but how come you did not invoke his name in anger and call him out if you felt it was wrong? i agree with both presidents apologizing, you disagree with both presidents apologizing.

same country for the same reason which is we are being diplomatic in saying we have troops over there, we respect your culture, your religion, we are not occupying your country, you're not our 51st state, nor do we desire to become that -- >> and nobody's suggesting that. megyn: go ahead, lars. >> megyn, there's a much more serious issue here, too, because hamid karzai has said i want you to find the people who burned these qurans -- again, unintended slight and a mistake -- but i want you to find these people, and i want you to put them on trial and punish them. what does he expect obama to do, say we're going to behead the -- megyn: we just looked into that, and we are being told that's not going to happen, we're not going to summit ouch troop -- subject our troops to any sort of trial into afghanistan, it's for us to look into what our troops did. >> i assume there may be some discipline within our ranks, but the president should respond and awe are not going to aseed to your demands that we put our

people on trial, and the president is silent as usual. megyn: what about, i mean, is this changing the feeling about afghanistan in this country on the right when it comes to that war? here's rush again and newt gingrich. listen to what they've been saying. >> gotten to the point, why are we there? if this is the end result of us being there, let's get these people out, bring 'em home and to hell with the place over there. >> we're not going to fix afghanistan. it's not possible. these are people who have spent several thousand years hating foreigners. what we've done is become the new foreigners. this is a real problem. and there's some problems what you have to do is say, you know, you're going to have to figure out how to live your own miserable life because i'm not here -- because you clearly don't want to learn from me how to be unmiserable. megyn: leslie? >> megyn?

>> you know what? i was against going into afghanistan then, i'm against being there now, and at least i'm not being a hypocrite. >> what? megyn -- [inaudible conversations] >> lars, perhaps you keep changing their mind depending on the political ideology and platform of the president in office with regard to foreign affairs in wars and military conflicts we're involved in. megyn: lars? >> leslie, are you really telling us in the fall of 2001 with the ashes still hot -- >> absolutely. absolutely. >> -- that you were saying we should not go after the people who did this and hunt them -- >> no, that's not what i said. >> you're saying that? you were a posed to that? >> no. i'm opposed to the way that we did it, dropping bombs and then food. i thought it was foolish. megyn: quickly, lars, last word. >> we are changing our mind to some extent about this, and here's the other problem. if population of afghanistan is this opposed to us after what we've done for that country in allowing it to be liberated from

the taliban that were running it, fine. it's clear that these people take something like the burning of a book which is perhaps taken as an insult and end up slaughtering people over it, we should not be part of that. megyn: i've got to leave it at that, but it was a very good debate. thank you both so much. they put their lives on the line to fight for our freedom, but the secretary of defense says changes have to be made to the health care that we provide some of our military vets. why should they be taking it on the chin when it comes the saving pennies and nickels? we'll talk about it after the break. and a little girl dies after fighting with a schoolmate. now stunning new fallout from this tragic case. and you'll meet the law student who just told congress she and her fellow students are financially overwhelmed not because of the cost of books or or student loans, but the cost of contraception. >> 40% of the female students at georgetown law reported to us that they struggled financially as a result of this policy.

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>> make no mistake, there is no way i can reduce the defense budget by half a trillion dollars. and not have it impact on all 50 states. that's a reality. in addition to that, i can't reduce the budget by half a trillion dollars and, frankly, not increase risks. bottom line is we think these are acceptable risks. megyn: defense secretary leon panetta found himself on the defensive today as he faced questions about deep cuts to the military budget. mr. panetta telling congress that health care costs for u.s. armed forces have doubled recently, and cuts have to be made. the current proposal would have

some military families and retirees pay a whole lot more for coverage while leaving benefits for some unionized civilian defense workers untouched. we asked fox news legal analyst peter onson jr. to help us through the -- johnson jr. to help us through the changes. why are they doing this? >> because they need to make some cuts, so they're saying we need to do it on the back of military retirees and some active duty with regard to co-pays. megyn: you're talking about premiums in some cases. >> and enrollment fees. we're going to reduce $1.8 billion in 2013, and by 2017 it's going to be $13 billion. and so some retirees over a five-year period may have their enrollment fees increased fivefold. and it's being done based on means. so if you're earning so much in retirement, you're paying more x. for all members of the military service, active and retired, they will pay more in

terms of pharmacy co-pays, they'll be paying more for brand name drugs by mail, they'll be paying more at retail outlets if they're not buying them at military bases. and the problem is a lot of americans who are serving overseas whose families are not near hill tear bases -- hill tear bases -- military bases. a lot of organizations like the vfw and others are speaking out loudly and saying this is wrong. megyn: well, there's a real ebtstion about whether we should gitmo detainees. but our mi veteransre going to have to pay more now in their premiums and co-pays? >> well, when you say as a retiree that you may have to pay 345% more over the next five years, that seems to any disinterested observer to be

objectively kind of sick in the head. i mean, the point is that these are men and women that have given their lives. thankfully, they lived. some of them may be disabled. but to say to them at this point, yes, we value your service, we gave you lip service, maybe we gave you a parade, maybe we didn't in the cause of some of the folks who have come home from iraq and afghanistan, but now you're going to pay for it based on means testing. megyn: they say they will have the means because a lot of the folks who are affected are retired and younger, maybe in their 40s, and they can get another job. >> i think the issue becomes one of fairness, and it becomes one of credibility and one of actually saying that we value military service. that people that are there now, we want to retain you in military service. and that you're not going to pay the price for a government's

deficits based upon your service -- megyn: because pursuant to that deal cut last summer they said, okay, we'll raise the debt limit, you're going to have to make major -- going to ask you quickly some congressmen say this is about getting them off of these plans and on to the health care plans under the president's new health care -- >> i think congressman buck mckeon and others have said that the administration has made it clear that the goal appears to be to get these retirees into state health insurance exchanges under obamacare. megyn: getting a lot of objections. >> politics? maybe. megyn: peter, thank you so much. good to see you. we have breaking news from the white house. moments ago our ed henry questioned the press secretary on reports that israel is refusing to alert the obama administration proceeding any

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megyn: well, it hasn't seen a lot of media coverage so far, but there was a congressional hearing late last week that's now getting some attention. sandra fluke is a student at georgetown law school, and at a hearing held by former speaker nancy pelosi, sandra testified that without coverage for contraceptives, she and her class mates are going broke. trace gallagher has more live in l.a. >> reporter: and, see, i was going to go to law school, but i thought all they did was study. megyn: that is what we worried about, getting coverage of our contraceptives. >> reporter: sandra fluke, by the way, the reason she spoke here is she was not allowed -- also she's a georgetown student

as well as a reproductive rights activist, and she was not allowed to speak at the republicans' hearing, o she was the only speaker at nancy pelosi's hearing. she attended georgetown for its quality education, but she also expected the school to accommodate students who do not share catholics' beliefs on birth control, and on top of that she did some research. listen. >> without insurance coverage contraception, as you know, can cost a woman over $3,000 during law school. for a lot of students who, like me, are on public interest scholarships that's practically an entire summer's salary. 40% of the female students at georgetown law reported to us that they struggled financially as a result of this policy. >> of course, catholics say the president's mandate is wrong, but critics used her statement to do the math saying $3,000 over three years of law school for birth control is a lot of birth control.

they mentioned that condoms are about a buck a piece and other birth control, megyn, so the question is they wonder exactly what's going on at georgetown law school. when do they study, was the response many said. megyn: it's like -- i'm not saying another word. i'm leaving it to scrimmy fallon. -- jimmy fallon. thanks, trace. we're taking your thoughts, though, kelly@foxnews.com or follow me on twitter. love to hear from you. new fallout from israel's comments on the threat from iran. it's now saying if it has to strike iran, it will not tell the united states ahead of time. what happened when we questioned the white house on that. and the defense secretary says our military is drowning in debt, so why are some of our most dangerous detainees -- i mentioned it a moment ago -- getting brand new soccer field? wait until you hear how much you paid for it. and a failed gun-running sting may have led to the death of a worder agent. operation -- border agent.

operation fast and furious? no. congressman dale issa shows us -- darrell issa shows us what may just be the beginning.

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[ major nutrition ] ensure. nutrition in charge! megyn: the white house moments ago responding to a report that israeli leaders do not plan to give the united states a heads up should israel decide to launch a military strike against iran. welcome, everyone. i'm megyn kelly. the report setting a tense tone ahead of next month's meeting between president obama and israeli prime minister benjamin netanyahu. jay carney is asked whether he thinks israel should notify us of an impending strike. >> do you believe they should be alerted. >> i would repeat what i said

that we have close relationships with our israeli counterparts. we have deep engagement at every level, but i wouldn't discuss speculative -- i wouldn't answer speculative questions like that. >> reporter: it' not just a hypothetical or speculation. they are considering military action. why won't you say whether you want a heads up on that. it's a key ally. do you want them to tell you whether they are going to attack iran? >> i would say leader to leader and defense minister to defense minister, conversations for those participants, our cooperation and -- with the israeli government is full and engaged at every level. governmental, military intelligence, and we have significant cooperation with israel on a variety of issues.

but i'm not going to get into discussions that the president will have and does have with the prime minister that defense secretary has with defense minister, foreign minister with the secretary of state. that's for those individuals to have. megyn: wendall goler is live on the north lawn with more. >> reporter: this apparent tension may be intended to make the iranians nervous. to say whether we get an advance notice of any israeli attack on iran is a matter between the president and the prime minister of israel. they won't even comment about reports that iran is looking to keep us from being held responsible by keeping us in the dark. prime minister netanyahu headed to washington for talks with the president after a speech to a stage in jewish public lobby here. he met in jerusalem in recent weeks with three senior u.s.

military officials on this. joint chiefs chairman mark dempsey says he advised netanyahu that it's not yet time for attacks on iran. he says that's because u.s. and israel may well have different deadlines. >> it doesn't matter so much to us whether iran has put together the components for a nuclear weapon, what matters is whether they have that capability. iran being a screwdriver's turn away from a nuclear bomb is the same as having a nuclear bomb from our point of view. >> reporter: defense cuts may impact the military option. if they don't reach a budget agreement, the across the board experiencing cuts kick in, panetta told lindsey graham earlier today we still have a military option but ... >> do you feel confident that we have the ability if necessary

militarily to deal with the threat that iran faces? >> yes. >> if we implemented sequestration that ability would be greatly reduced? >> that would hurt us. >> reporter: jay carney says no option is off the table. he says there is time for diplomacy and sanctions to change iran's behavior though it has not done so yet. megyn: back in 1981 during the reagan administration israel decided to bomb a nuclear reactor in iraq because it was worried about saddam hussein pursuing nuclear weapons. were we warned then? joining us now is michael reagan. were we? >> no, we weren't warned then. it gave the president of the united states plausible deniability. he was able to have his leads

with the counterparts in the world. everybody knew what was going to happen. but what we had to do was say don't ever do that begin, wink, wink, nod, nod. it looks like that's what's being set up at this point in time. the american administration is not doing anything to deter israel from going ahead with this. in fact it's -- if you look at this whole operation. the president of the united states doesn't want any part of it. so israel is forced to in fact have to do the job that maybe you or not you, but america could do in this case, and we'll be in a position of saying wink, wink, nod, nod, please don't ever do that again. the president of the united states is getting ready to affix blame on is trail like he does george bush. megyn: is that wink wink nod nod thing something you can only use once? >> he will have to use it here.

i's done more to deter israel from doing what it may have to do than deter iran from building a nuclear weapon at this point in time. why would israel trust america with the information they are going to take out a nuclear plant? because they worry as ronald reagan worried back in 1980s, worried about telling congress about grenada because he worried about it leaking out to the press and lives being lost. i'm sure israel feels the same about this administration. should they tell the president what's going on, that that news will leak out to the press and lives will be lost and that's not what they want. megyn: you think it's more than israel trying to give us and we are trying to get cover politically from this move. you think they may not trust us to keep it secret because we don't want it to happen so have much. >> absolutely. then the president of the united states has to make some kind of a decision and i don't think he wants to make a decision. i think he's sitting back going,

what do we do now? where do we go from here? where can we affix blame. we have a president who does not like to accept responsibility for anything. and he tries to put it off on somebody else. he has putting it off on bush for three years. he's blaming bush for all that goes bad in america. in this instance wants to do the same and blame israel and let them take the blame and make himself look like, well, barack obama. megyn: he may not want american targets to be retaliated against in the wake of an israeli bombing on iran. is it going to happen either way if we come out in openly in support of israel or act like we knew nothing about it, will they retaliate against us? >> we are going to be in a position -- we are going to get blamed whether we want to get blamed or not by ahmadinejad and

iran. but the president of the united states still will want plausible deniability and be able to blame someone for this situation when the blame rests in washington, d.c., not with israel. they are protecting themselves. what's washington doing? hiding under a rock. megyn: game day in the gop race for the white house. mitt romney and rick santorum criss-crossing that state trying to shore up support in a neck and neck contest that could change everything in this race. folks in michigan cast their ballots with 7 hours to go before the polls close. folks in arizona are doing the same thing. they are making their choice. all indications point mitt romney's way. but could the immigration issue be a wild dplard this contest? john roberts is live in phoenix.

>> reporter: we have been talking to a lot of people in arizona. among them sheriff joe arpaio. many candidates come to kiss the ring looking for an endorsement from her itch arpaio. rick santorum spent 30 minutes with him last week. but so far he has declined to endorse anyone after rick perry dropped out of the race. four years ago joe arpaio was one of the only people to get behind mitt romney. i asked him why did he endorse perry and romney four years ago but hasn't endorsed anyone since then. here is what he told me. >> i don't get on a bandwagon. where was all these people in arizona four years ago pitch was the only guy pushing mitt romney. i don't know what changed in four years. he's still the same guy still saying the same thing though a little tougher on immigration right now.

>> reporter: illegal immigration is a big issue but so is the economy. the foreclosure crisis is very bad in this state. arizona governor jan brewer has gotten behind romney. but we found undecided voters having a problem making up their mind. there one juan guy we talked to, he said he hasn't voted since 1988. he gave up on the whole process after george bush senior raised his taxes. listen to what randy williams told us. >> it's my opinion democrats are more honest. they tell you what they are going to do. they take all your money. republicans say they are not going to take all your money but they take just as much. then they talk about if they are going to give you 2 points off they are doing you a favor. >> reporter: he counts himself as a staunch conservative.

nearly 300,000 people cast their vote early. so a lot of people voting in arizona. megyn: don't forget. tune in:00 p.m. eastern time tonight for complete coverage of the -- tune in 6:00 p.m. eastern for the best political coverage anywhere. we are getting so much response on that georgetown university student's testimony. we have new polling that suggests the president's healthcare slaw could have serious consequences for his reelection campaign. will his signature legislative achievement be his undoing? a group of elementary school children tries to essentially kill their teacher. and their pun -- and their

punishment or lack thereof is causing a controversy in "kelly's court." attorney general eric holder going after members of congress who are going after him. wait until you see -- hear what's ticking eric holder off today and congressman darrell issa is here to respond next. >> one thing that has to be understood is that once this was brought to my attention, i stopped it. i stopped it. in spite what other attorneys general might have done. wake up!

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they grow up, d they're out havingheir life. i really started to talk to them about e things that are important that they have to take nership over. my name's colleen stiles, and my kids and i did our wills on legalzoom. [ shapiro ] we created legalzoom to help you take care of the ones you love. go to legalzoom.com today and complete your wil in minutes. at legalzoom.com, we put the law on your side. megyn: attorney general eric holder on the hot seat again today and apparently not able to hold back his emotions telling a house panel he has done everything he can possibly do to address the failed gun running

sting that resulted in the death of at least one border patrol agent. >> that was a fundamentally flawed program. i think i can agree with some of my harshest critics, there are legitimate issues that need to be explored with regard to the way "operation fast & furious" was carried out. but one thing hat has to be understood is once this was brought to my attention, i stopped it. i stopped it. in spite of what other attorneys general might have done with briefings they got. when this attorney general heard about these practices i said to them men and women of the united states department of justice, to the field, this ain't going to be the way we conduct business. stop it. megyn: joining us now the lawmaker leading the charge against what he is suggesting has been a coverup at justice.

congressman darrell issa. welcome back to the program. this is a different committee today the attorney general was before. i want your reaction to that. at the end of the day he stopped it. thin want to talk to you about something else he said. >> one of the reasons we doubt legitimacy of that claim is because on february 4 when we received what was a false letter that has been retracted, lanny breuer, one of his chief aids, was in mexico lobbying for more gun walking. additionally the evidence shows humane zapata was killed with a similarly controlled weapons. we need to get to the bottom of it. the inspector general has 80,000 pages and we have 6,000 pages. but even in those 6,000 pages we

find damning evidence that high-ranking people at justice knew all along and not only did not stop this program, but believed in it. megyn: here is what he said before congress this morning. i have never said or tried to defend the program. what has kind of bothered me is we have taken something we share a concern about and it's gone from that and mushroomed into the political sphere where people ask for resignations, where i'm threatened with contempt. i think he's talking about you. >> i never asked for his resignation. megyn: not necessarily his, but somebody's. >> i he never asked for resignations. i asked for people to come before our committee. others have taken the fifth. others we are still trying to get. i told the attorney general that it is contemptible and i will seek if necessary contempt of the house if we can't get

cooperation under the constitution in our investigation. 80,000 pages from his own inspector general, less than 6,000 to us. they already had to go through them to produce them for the i.g. all they have to do is push a button, put them in a thumb drive no larger than a finger or thumb and deliver them to us. they are refusing to do that. they are refusing to cooperate in the murder of jaime zapata and our investigation. that's why i told the attorney general i needed a level of cooperation i wasn't getting. senator grassley has been even more patient. his first letter was respond to, you are not a chairman, go away. this is an investigation i didn't seek out. i took it because the democratic majority wouldn't take this case on. i took it on, i want to get to the bottom of it. most important, i want to get the families the kind of answers they deserve.

megyn: you mentioned jaime zapata. our viewers might know about "operation fast & furious." the botched gun-running sting where we let the guns walk into mexico. the drug cartels got add hold of them and one of them up at the murder scene our border agent. zapata's death, you said that's a separate gun-running sting that led to yet another american border patrol agent being murdered. >> he's actually an i.c.e. agent. you are right. this is where the weapons appear to have included a knowing purchaser -- straw per and transfer agent, known and yet not interdictd. what the american people have a problem with is not interdicting in a way that arrests people.

but hoping if they show up at the scene of a crime we are going to get additional information. as you know, you don't have the right to get 200 mexicans and two americans murdered in the name of quote following the guns loosely to the scene of a crime. that's the reason this is a big thing. when we are not getting cooperation and each time we get additional information we begin to realize this problem goes much higher with much great approvals than the attorney general would have us believe. megyn: thank you so much for being here. we appreciate it, sir. coming up, brand-new details on your tax dollars at work. gitmo detainees getting a new soccer field. i'm not kidding. the price tag on that. how much you paid. all the details coming up in a live report. it was a fight between two elementary school girls that lasts less than a minute. now one of them is dead. will her classmate be charged?

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megyn: we have breaking news on syria from the united nations. the u.n. first calling for an immediate cease-fire saying the situation in syria is deteriorating and rapidly. the bigger story may be the new casualty numbers. the u.n. estimating 7,500 civilians have died since the government crackdown on pro-democracy protests began. the u.n. human rights chief added 100 people are being

killed in syria each and every day. in california new developments in the tragic death of a 5th grader. police say she died from blunt force trauma after emergency surgery for a flood clot on her brain. as far as they can tell the blunt force came from the fists of another young classmate. now her death is being ruled a homicide. trace gallagher has more from l.a. >> reporter: we are learning that joanna ramos and this other girl planned to fight after school in an alley near the school. listen to her friend talk about what they were fighting over. >> they were fighting just for a boy. just for a boy. it's stupid. >> reporter: there were 7 witnesses who say the girls

dropped their backbacks and put their hair in buns and said go, and began fighting. she says she and her friend tried to stop the fight but the boys held them back because they wanted the fight to continue. the fight lasted one minute. neither girl fell to the ground. joanna went back to her class and she had a bloody nose. >> her head was hurting. she said to the supervisor, the principal, she told him that my head was hurting and she called the parents and the parents took her to the hospital. >> reporter: the parents took her to a hospital because two hours later she began vomiting on top of that headache. doctors say they rushed her in and tried to save her but she died on the operating table. police are calling it a homicide. no arrests have been made. police say they do not know if anybody will be charged in this.

here is joanna's family. >> i still wake up thinking she is like in my house. i just get flashbacks and it gets me mad. >> reporter: the school and the police are still investigating this. a 10-year-old girl in long beach died after a fight. megyn: totally senseless. trace, thank you. new research about it folks at gallup find the president's healthcare overhaul could cause-him big problems election day. new polling from those critical swing states on the president's big legislative achievement. up next, a brand-new soccer field for the gitmo detainees costing 3/4 million dollars. we'll try to learn who approved this. i've worked hard to build my family.

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megyn: a fox alert from the guantanamo detention cam. detainees are getting a brand-new soccer field at a cost of $750,000. this comes on a day where the pentagon is talking about where we are going to cut the billions we need to from the defense budget. >> reporter: earlier today we

went out to the detention camp. that's typically what we do when the court is not in session. we have a big hearing tomorrow with a high-value detainee. when we got to the detention camp, what we saw is the outdoor camp has been shut down. it was popular with the detainees because it allows them to play soccer and basketball. they have been moved over to camp 6 where we found a major renovation underway. it should be done by the spring. and the price tag of this new soccer field is just shy of $750,000. that means the detain ease at camp 6 have three rec centers. the inside rec center, the outside rec center and by the spring a super rec center half the size of an american football field. it has some interesting

specifications. they built a habit trail so they can travel from the detention camp to the super rec facility without having to be escorted by the military. we were told one of the reasons they wanted to build the soccer field is it encourages the detainees to follow the rules. they also felt it was in keeping with the number of detainees who like this communal style living. but what they were not able to answer is who signed off on this project, especially with the money involved, whether that was a local decision at guantanamo bay. or if it had to be signed off on in washington, d.c. megyn: everyone here is slack jawed. that's how unbelievable. >> reporter: you never know

what you are going to find her. that's for sure. megyn: even catherine herridge, you had to be shocked when you saw that and saw the price tag. catherine, thanks. >> reporter: i was. megyn: wow! hard to move on. right? are you still stuck on that? did your kid have his soccer program cut at school because of budget cuts? send him down to gitmo. easy solution. we have to move on. there are new signs today that the president's healthcare law could be hurting his reelection chances in key battleground states. states like michigan, ohio, pennsylvania, florida. a new u.s. savment today gallup poll shows a clear majority, 53%, believe passing the law was a bad thing and support its repeal if a republican wins in

november. the level of dissatisfaction in swing states is higher than the national 50%. so you know we can talk about the national mumbers but it's more interesting to take a look at swing states that wind up deciding the elections. not only are those people saying they don't like the president's healthcare law, but they are saying it's a major issue. it's gone off onto the back burner. they are saying it's above terrorism and unemployment. >> look at the 2010 elections. democrats said the 2010 elections were about the economy. yes, but, they were also about voters' frustration that the democrats tried to push through a law that they didn't see as

being connected to people getting back to work. it's a problem for the president. megyn: maybe i'm wrong, but i would have guessed many in the white house would have thought people would be over it by now because the way they phased the law in was to make all the benefits kick in and the bad stuff to kick in after the election. but the voters in the swing states seem to be saying we are not over it. >> it's even worse than those numbers would suggest. the swing voters in those swing states tend to be more conservative. if we are talking about 56%, 57% against the bill, the swing voters are 65%, 67 per. those are the voters the president must get to be reelected. the on thing he has going for himself are the republicans. they are creating a situation where the focus is moving away from healthcare. megyn: are you surprised at the level of importance of the issue of healthcare to them?

above terrorism and unemployment. >> only one thing people are angry about more than waste at guantanamo, which is money coming out their own pocket. people understand this healthcare bill will cost them more and the individual mandate is just plain wrong. melling * they need their exercise, it helps them follow the rules. >> but there aren't enough soccer field in suburban cleveland. megyn: what on did they put in there? >> it's part of the obama secret strategy to get bipartisan support for closing guantanamo. but you need to look at this issue in a broader context. they lost the battle on healthcare. the white house. it's been litigated. megyn: it's the law. >> in terms of the political battle. in terms of popularity, they lost the battle. the reason you can tell that is

they didn't mention it at all in the state of the union. he didn't talk about the biggest accomplishment of his first term in offers. but you can't look at these issues in isolation. are independents going to vote primarily on this issue? will that motivate their behavior? if you look at broader trend lines, obama versus romney obama is trending up. he's beating him by 15-20 points. as much as healthcare may have hurt him up to this point it's not going to the decide the election. romney can't attack the president on this. >> he will look like a laughingstock if he attacks the president for i implementing the same plan. >> the presint is losing to romney and santorum fp. he's faring poorly in the same states where democrats got he

lacked in 2010. pennsylvania, ohio, michigan. this is the big problem for democrats. they lost the working class and they saw this legislation as not in the democratic tradition of a new benefit to help people, but instead something that they were losing, something that was being taken away from them. it's dire for him. mitt romney does need to fix his situation. he has to find a better way to talk about harris faulkner. he needs to put meat on the bone. but any republican its going to take him on. megyn: are we likely to hear more when it's gop versus obama about this issue? ann coulter keeps saying if they don't repeal the healthcare law now, it will be medicare, it will be social security, it will be so entrenched in american society we'll never get rid of it. >> you are not going to hear it from mitt romney. you will hear it from the super

pacs. the strategy the republicans will use is put as much of the negative case against obama on the independent super pacs hat can hide behind nice sounding names. that's how it will be done. this is the kind of issue that can doom the obama presidency. megyn: when he gets out on the campaign trail, when they have the debates it will couple. and that situation will get behind full throttle. >> what you will see to doug's point about the super pacs. that's fine when they are talking about the tv ads. but back and forth between the candidates, team obama is champing at the bit to take this fight on healthcare. what this shows is a perfect example of how mitt romney has flip flopped on big issues. and they will turn this into a character issue. romney was just like with john

kerry on the war. mitt romney was for this plan before he was against it. megyn: the republicans have been doing that. oner to up has been hitting him with that and still they are showing romney beating obama in these key states. something the president hopes to turn around. anyone here in favor of the $750,000 soccer field? anyone? show of hands? >> i want to keep guantanamo open without a soccer field. megyn: you cannot make this stuff up. chris, see you tonight. a couple kids at a california elementary school have been suspended or transferred for a prank. a prank that could have killed the teacher. what happened. what should happen when you put rat poison in your teacher's coffee? [ male announcer ] this was how my day began.

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megyn: "kelly's court" is back

in session. on the docket. three elementary school students in california accused of trying to kill their teacher. the grader age 10 and 11 laced their teacher's coffee with rat poison. there are reports they did the same to her cupcake. fortunately she did not wind up consuming the product. when school officials found out they were suspended with the threat of expulsion and that's it. other teachers not happy. >> they find out you can hatch a plan to kill the teacher and the worst that will happen to you is you will get expelled to an elementary school. what is that saying? megyn: joining me now rob massey and mercedes colwin. so the three kids decide to put rat poison in their teacher's coffee. how toss it wind up that she doesn't drink it? >> from what i understand, i'm

going to call them co-conspirators. they floated by knocking down on the floor the coffee. i don't know what happened to the cupcake because i don't think we have those facts. one of the three foiled this plan to cause injury or death to this school teacher. that's what's been reported. megyn: one has second thoughts and throws the coffee away. but all three -- do we know if they have been suspend or expelled? >> there are varying reports. but either way the students have been removed from the school, and that's why there has been such an uproar. it's been months ago and apparently one of the parents of the child who foiled this plan was out there saying my child saved this teacher. megyn: after he tried to kill her. that is worth the bragging what. bob, the head of the teachers' union is ticked off. this is out in fresno.

saying this isn't the old, thumb tax on the seat. -- thumb tack on the seat. it's poison, she could have been killed. does she have a point that this should have been taken care of in the criminal justice system? >> this premeditated. these kids talked about it and did it. even those one child foiled the conspiracy and should be treated a little differently. the rat poison was already in the coffee and in the cupcake. surely at some point these kid should be made ward.of the juvenile court. there should be some charged filed. the physical evidence from what we researched is gone. we have a confession. megyn: you only need physical evidence if it's in dispute. >> i think you make them a ward

of the court. as for the perspective of what the school district should do. zero tolerance. from what we first read this morning they were expelled allegedly and were suspend. they went to another district and is in another school system. what sense is that? >> even though there might be these admissions, were they fromentd give this type of information. there are so many things -- so many factors in this. they may have been bragging. maybe it didn't exist. there are so many things out there that once a defense attorney gets involved, you know this as a litigator. once a defense attorney gets involved those admissions may be right out the window. to say to the judge we are not going to allow this. megyn: the school believed the confessions. they didn't believe it was bragging. they did suspend or expel these children.

they got arrested criminally they will be not be treated as adults. what will they do, spend same in juvie? >> they could be made wards of the court. they could go into counseling which should happen no matter what. so as a result that's what could happen for a period of time until they are released from the court. other part of this that concerns me as a parent and grandparent and taught there is a consequence for every act. what about the parents? some of the parents -- the fact one was brag big it, what actions did the parents take themselves to find out to discipline their own children. megyn: time in juvie is serious. is it appropriate for kids who did a stupid thing but are very young. >> that may be what they are thinking about there those children will be changed the forever if they are nut those detention centers which are very dangerous. >> they could be made a ward of

the court and still be outside the system. >> juvenile detention centers go up to 18. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition. could've had a v8.

megyn: the new york city police commissioner ray kelly holding his ground defending a controversial program target be the terror community. >> reporter: he says he will not apologize for keepingle public safe and foiling 14 attacks since 9/11. he is chris sides by some and praised by others. he monitors web sites of muslim

student groups at universities in the northeasts. why? because all those places are where terrorists recruit oroperate. >> we are going to continue to do what we have to do to make certain that to the best of our ability that we don't have another terrorist attack like we had in 2001. >> reporter: . the u.s. attorney general said they got his attention. >> we have received letters from members of congress, from other sources as well, and we are in the process reviewing those letters to determine what action if any we should take. >> reporter: holder says he will look at whether federal fund were used by the nypd, which is curious, since that is of no legal consequence. what is legally important is whether police broke any laws and there is no evidence of

that. megyn: the first court appearance for an accused teenaged killer. a suspected gunman accused of opening fire at a high school cafeteria yesterday leaving three students dead. we'll have a live report on that and we'll be joined after the break by some very special guests. but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your ruy nose. [ deep breath ] awesome. [ male announcer ] yes, it is. that's the cold truth! [ 8% every 10 years.age 40,is. we can start losing muscle -- wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor?

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>> megyn: look who is here. the young marines of america. these are boys and girls. program runs through high school. these are 16, 17, and 18-year-olds. they believe in america and drug free and want americans to be, as well. listen up young people they are setting a good example. they are here in other a u.n. conference. pretty cool. and they are so polite. they have their own thoughts about the law student that are getting a lot of feedback on twitter.