fighters opening fire on an afghan delegation including two of the afghan president's own brothers. it happened outside of a mosque where a memorial service was held for 16 villagers allegedly killed by a u.s. soldier, president hamid karzai's brothers escaping with their lives but an afghan soldier was not as lucky. elsewhere, hundreds of students taking to the streets, staging the first significant protest in response to the killings of those villagers. demonstrators, burning a cross, chanting "death to america". seen carrying an effigy of president obama, and demanding a public trial to the accused soldier. listen: >> [speaking in native tongue] >> megyn: national security

correspond correspondent jennifer griffin is live with more from the pentagon. >> reporter: what we know about this alleged shooter at this point is in 2010 he was diagnosed with a traumatic brain injury, the result of a vehicle rollover in iraq. it was a noncombat-related accident. but what we can also tell you is that the army deemed him fit for combat. and traumatic brain injuries can be anything from a mild concussion to serious brain damage. we aren't sure how serious the tbi, the traumatic brain injury, was. the army deemed him fit for began, he was reportedly also having family troubles after his third deployment to iraq, possibly marital problems. this was his employers deployment to afghanistan. he was part of the first brig aud out of fort lewis in seattle. one reason the army has not released his name was to give his family time to move. they wanted to move his family on to base, to a more secure location, they wanted to protect his wife and two

children who they feel could be in danger in the wake of the killings. it's somewhat unusual for the military to withhold the name of a person being investigated for such is a serious crime. they did not wait to identify major nidal after the fort hood shooting. as afghans protested today, president obama spoke from the rose garden, who said he is ordering the military to hold the man accountable. >> as many of you know there was a tragic incident in which a number of afghan civilians were killed. what i said to president karzai when i spoke to him is the united states takes this as serious -- seriously as if it was our own citizens and our own children who were murdered. >> reporter: there has -- a military soldier has not been given the death penalty and executed since 1961.

megyn: we are hearing more on this point from leon panetta who said this soldier could, as jennifer mentioned, face the death penalty, secretary panetta also acknowledges it is likely not the last time we could be faced with a situation like this, nor is it the first. >> war is hell. these kinds of events and incidents are going to take place. they've taken place in any war. they're terrible events. and this is not the first of those events and it probably won't be the last. megyn: as of right now, it is unclear exactly when charges might be filed against the soldier. but coming up, we will take a closer look at how that trial would work. phrurbgs we'll look at the new questions being asked about some remarks president obama made yesterday about the truth. -- about the troops. listen here: >> this has been an enormous strain for a decade now on our men and women in uniform, and obviously, what happened this weekend was absolutely tragic and

heartbreaking. but when you look at what hundreds of thousands of our military personnel have achieved, under enormous strain, you can't help but be proud generally. megyn: well, some critics are questioning what he meant by be proud of our troops generally. we'll take a closer look. nypd surveillance of some muslim groups is drawing fire, even sparking an investigation by the justice department into allegations of spying, but in an unlikely turn one muslim woman, an international journalist, is coming out in support of the police, saying the police's actions are critical in impacting terrorism. our chief intelligence correspondent catherine herridge is live with more from washington. >> reporter: thank you and good afternoon. this activist is taking a lot of risk by speaking out, she says some muslims are using religion to shield the radical ideology from law

enforcement. >> 46-year-old astra nomani, a practicing muslim and unlist showed fox this koran from virginia, she says the publisher added negative language about jews and christians, this interpretation of islam she says is part of a larger problem. >> why are you speaking out now? >> we're saying that you can't go into our mosques, you can't look at our muslim organization, you can't even look at muslims because that's to target us. but the truth is, we do have a problem in our muslim community. >> have you been threatened for what you said? stpwhrao i've had death threats but i think those are the calculations you have to make when you want to make a difference. >> reporter: nomani worked with "wall street journal" reporter daniel pearl whose throat was slit by islamic radicals after 9/11. >> they did their prayer on the blood-soaked floor of the room where he was murdered. >> and in searching for danny, what i discovered was

that the pakistani police had no place that was off limits to them. there was no political correctness in their books about mosques. >> reporter: last week the attorney general confirmed that the justice department is reviewing complaints about the nypd's surveillance. >> if the new york city police commissioner was here today, what would you say to him? >> i would tell him to keep going for it, you know, and really help us clean up our mosques and our community. >> reporter: and it's worth note thank a new poll released today by quinnipiac shows the majority of new yorkers, this is the group most affected by the police department surveillance program, does support it megyn. megyn: catherine, thank you. on the campaign trail newt gingrich firing back at the white house in the battle over gas prices. yesterday, press secretary jar carney ramped up the rhetoric suggesting the president's critics are being dishonest about his energy policy. >> what he is not willing to do is to look the american

people in the eye and claim there is a strategy by which you can guarantee the price of gas will be 2.50 at the pump. any politician who does that is lying. megyn: that seemed to be a reference to newt gingrich who was more than happy to respond, challenging president obama to a debate over energy: >> first of all, mr. president, i would be happy to debate you, anywhere in the country, any time, on energy. >> [applause] >> i'd be glad to meet you at an oil rig somewhere, i'd be glad to meet you at a refinery, i'd be glad to meet you at the gas station, i'd even be willing to go to a university campus where you'll feel comfortable. but i -- >> [laughter] >> mig the pain at the pump, just one of many concerns voters have as they head to polls across alabama and mississippi. the outcome of today's primary contests that could narrow the field.

john roberts is live in laf ehet, louisiana where rick: santorum is rallying the crowds today. hi john. >> reporter: yeah, rick santorum is going to be here later today, he's already looking past mississippi an alabama, the contest on the 24th. but back to beginning arrive and gas prices it is a theme proving popular with voters in alabama and mississippi. we talked with memory crumings in birmingham, she says the reason she's voting for newt gingrich is because of 2.50 gas. >> he might not be perfect but neither are you and me and just the gas alone, that's just common sense, that anybody would get the gasoline down to 2.50 a gallon. i mean, gosh, just an idiot would do that. >> reporter: assy says, an idiot would do that. newt beginning rich is hoping to win and win big in alabama and mississippi and propel his campaign forward to louisiana. don't forget how big the oil and gas industry is and he's

a proponent of expanded drilling in the gulf of mexico. rick santorum on the other hand, very anxious to get gingrich out of the race. while he hasn't called personally for gingrich to drop out yesterday in a one on one interview he told me the math isn't tr for -- there for gingrich to become the nominee. listen to what he said. >> wyoming, he wasn't even on the ballot and most of the states, he's finishing fourth, so he's getting enough votes to make it hard for me to win those close states, but i don't think he's in the mix for getting the nomination at this point. >> reporter: well, santorum himself is going to be hard pressed to get to 1144 delegates. in fact the romney campaign put out an e-mail saying it's mathematical impossible for him to do it. what is possible is to stop romney from getting to 1144 and rick santorum said if that happens he's prepared to go to the convention and in a floor fight he says wee

win. megyn: tkra*pla from the campaign trail! john, thank you. >> you bet. megyn: the president's approval numbers just took a huge hit in a new poll and everyone is assuming it's all about gas prices and the economy. but we'll show you what other issue is suddenly costing the administration dearly with voters. plus, a bizarre promotion involving the homeless. and wireless internet access you will not believe this one. trace has the story. and she is one of the most -- one of the most powerful woman in the -- women in the world so why is secretary of state hillary clinton worried about women being oppressed in the united states. is this where our focus should be, and is she right? >> they want to control how we dress, they want to control how we act, they even want to control the decisions we make about our own health and our own bodies! [ male announcer ] the game of life with the prius c!

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megyn: a new question today about comments by secretary of state hillary clinton. she made them to a kpwhroebal -- global audience at the women in the world summit, the top u.s. diplomat warning that political extremists are out to control women, and she wasn't just talking about afghanistan or iran or saudi arabia, but also, america. >> why extremists always focus on women remains a mystery to me. but they all seem to. it doesn't matter what country they're in, or what religion they claim. they all want to control women. they want to control how we dress, they want to control how we act, they even want to control the decisions we make about our own health and our own body. >> [applause] >> yes, it is hard to believe, but even here at home, we have to stand up for women's rights and

reject efforts to phorpblg naturalize any one of us, because america needs to set an example for the entire world. megyn: was that appropriate? joining me now, jim lugreen, former adviser to hillary clinton, and fox news contributor and brad blakeman, former assistant to president george w. bush. was that appropriate for our top diplomat to make those comments? >> it was not very diplomatic. she's not the president of the united states, not the vice president, which would have been equally inappropriate lu she's the secretary of state who is trying to analogize that the plight of american people are the same as those in afghanistan, iran, north korea, or china? it's an outrage. when she is talking about government controlling womens' bodies i thought she was talking about omabacare because that's exactly what the government is trying to do not only to men with you women as -- men but women as

well, trying to tell them when they can receive health care. america is not where the sin lies against women in america, it's in the countries where women are actually suffering. megyn: laura ingram who was hosting for o'reilly said it sounds like she's comparing the gop to the taliban. is that appropriate? >> megyn, i think the reality is we have to look at what has happened in the last year alone. in 24 states, there have been 92 set backs against women's' reproductive health issues. that is a war on women. and she's absolutely right to express what is happening, not just in the united states, but i think she's done an incredible job of really putting women on the forefront when it comes to sex trafficking, when it comes to mass rapes and how that's used as -- >> megyn: but not here in america. >> not here in america, exactly right. the things you're talking about do not take place in

america. >> we have our own reality, brad. megyn: let me get my question in. when you talk about set backs or reproductive rights, what specifically are you referring to? >> well, i think you have to look at the cuts in family planning, the cuts -- >> megyn: planned parenthood? >> sexual education, the restrictions on abortions, the personhood amendments. you know, can you imagine, megyn, if we tried to legislate what mens -- mens' reproductive organs, what they could do with them? that would be an out age. what we have seen in virginia n. texas, where i'm at right now, governor perry has signed some of the most vicious, vicious, attacks on women's' health, just in the past few tkaeurgs and you've got planned parenthood actually doing a don't mess with texas rally to push that back. the ultrasound bills being

passed, a woman who is pregnant doesn't need to have her doctor show her a picture to tell mer that -- her that she's pregnant and understand the consequences of it. leave your hands off our bodies. megyn: brad, does she have a valid point, jehmu, and hillary clinton and is it fair in the context that she raised in the same breath as tunisia? >> no, there is no comparison. this is the secretary of state, our top diplomat, somehow analogizing that the plight of american women is the same being oppressed around the world. it's simply not true. it's not accurate. and frankly, i think it's a slap in the face to american women, to somehow claim that they are in the same position as a woman who's been the subject of the taliban, for a woman who's been the subject of starve ation in north korea, or 1-child policy in china, cannot be analogized, and this is not the role of a secretary of state. plain and simple.

she is, again, involving herself in a place where typically secretary of states don't go. megyn: well, that's an interesting point. >> it's politics. megyn: she's supposing to -- supposed to be apolitical and not weighing in on matters, jehmu. >> i think there's a reason that the gallup poll that's been conducted since 1948 for the past ten years, secretary clinton has popped that list as the most admired woman in america. there is no woman i think out there who does not connect with secretary clinton's fight for the rights of women, not just here in this country, but around the world, and she's been doing that since she said women's rights are human rights at the beijing conference on women decades ago, and so question her understanding of the dire issues facing women around the world, and again, you can look at how rape is used as a tactic of war, how, you know, women are being sex

trafficked across the country -- i mean across the world, and into the united states, but we do have to point to, megyn, what is happening in the united states of america. >> this is just example of the obama administration apologizing for america and somehow lowering our esteem to others so sometimes there's a parity between -- >> megyn: my question is, brad, does she marginalize those other issues, the race and the sex trafficking and so on, by comparing it to restrictions on planned parenthood, a contraception argument that some believe is politically motivated here in the united states? >> she's trying to jump on the bandwagon of the president in the last two weeks regarding the administration's decision to interfere with church and state and now they feel they're winning on this issue, quite frankly because the reugt has stepped on themselves with rush limbaugh and others. we were winning that argument and the american people agreed that government should not step in the way, and quite frankly, we got off message

on a message we are winning on. megyn: got to leave a to the -- leave it at that. jehmu, you are also a very adfired woman on "america live", and brad, we like you too! >> coming up, pennsylvania senator arlen specter sweufd to the democratic party in 2009. he did so to make sure president obama had enough support to pass his health care overhaul. really? i don't know if that was his reasoning. as for the critical vote on the floor, the senator says the administration hung him out to dry. just ahead, the accusations he's making now. plus president obama's latest campaign ad goes directly after sarah palin! is she running for something? i don't think so. she doesn't hold any office, anymore, whatsoever. why are they doing this and who are they hoping to reach? okay, team! after age 40, we can start losing muscle --

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for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america for the last 71 years.

megyn: everyone is okay. because thankfully, this was only a test. a delta airplanes boeing 737 ends up in a ditch after rolling off the taxi way at hartsfeld airport in atlanta. take a look at that. that's not good! mechanics were testing the plane's engines when the brakes somehow malfunctioned. no one was hurt but the plane was badly damaged. crews brought in a crane to lift it out of a ditch. wow. well, mixed reaction today to a bizarre marketing stunt that turns homeless people into walking wi-fi

networks. the idea behind homeless hot spots is that homeless people are paid to stand by internet users while carrying a so-called mifi device that basically acts like a wireless hot spot. the project's creators say all the profits go to a chiropractorty supporting homeless people, but some critics are not exactly convinced. trace gallagher has more live from l.a. trace. >> reporter: megyn, it's happening in the south, by southwest, a music conference in austin, texas and the marketing company that came up with this homeless hot spot, what they do is give these homeless people the mifi device and they can access the 4g network through that and they wear t-shirts saying i'm a 4g hot spot so if you need internet access you go up, stand next to them and you pay what is fair. the recommended price is $2 for 15 minutes, the homeless people get to keep all that money and they are guaranteed to get $50 for

six hours' work and the homeless say they very much appreciate it. listen: >> everybody that's got a job will come together and grab 12 or grab two at a time, then you might not have a homeless problem. you will have working citizens, paying taxes, and living life. >> reporter: ah, but critics claim this practice is shameful, they say it's dehumanizing, distopian. eric burger writes, and i'm quoting, it has to do with digital divides, have and have not, and the idea that a fellow human is of no more use to you than an internet jack -- but the man who created it says wait a minute, we are actually employing these people and all the profits go directly to homeless shelterers -- shelters. say say they're being villianize dollars. they say they're trying to modernize where the homeless

accomplish and will sell their own newspapers and they say this will not beyond the conference in austin. a lot of crit civil and others saying wait a minute, they're providing jobs and they're providing funding. megyn: i'm so confused i don't know how to feel but i do want to look up what distopian means. twitter me on megyn kelly. after going after voter i.d. laws in texas, we're seeing strong pushback. a fox news analyst on what will happen next. >> an attention grabbing billboard near wrigley field is plastered with the warning "hot dogs cause butt cancer". hmm! doctors say it gets across an important message but the hot dog industry says it is the wrong one. and next, president obama's reelection team is going after sarah palin in a new attack ad. she's not running, however. do they know that?

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megyn: we are tracking some developmenting stories this hour, including new numbers on the horrifying violence in syria. the u.n. reporting 230,000 people have abandoned their homes in syria since the government started attacking prodemocracy protestors last

year. many of the refugees now living in turkey, lebanon, and jordan. mitt romney, eye ago golden opportunity in mississippi and alabama today, a win for him in either state would show the gop field that he can win in a region that's been slow to embrace him so far. polls show a tight race between romney, santorum and gingrich in both states. >> and the defense resting its case in the wrongful death lawsuit steming from the 2007 shooting at virginia tech. parents of one of the victims, suing the state, claiming the school did not do enough to warn students there was a shooter on campus. the obama campaign unveiling a new ad that has some political analysts scratching their heads. the ad does not target any of the president's potential republican rivals right now. instead, it goes after sarah palin. who doesn't even hold elected office anymore. check it out:

>> what barack obama seems to want to do is go back to before those days when we were in different classes, based on income, based on color of skin. megyn: and it goes on from there. so who exactly are they hoping to reach, and how? joe tr*pie, campaign manager for democrat howard dean's campaign, and a fox news campaign and lars larson. joe, is this a good ad? >> look, it's designed to get obama's base of democrats and progressives to send mope in and both sides do this, take statements from celebrities or spokes people on the other party's side, pipe

them into the base and ask for money, and it's going to work for obama this time as it's worked for the republicans when joe biden or joe trippe or howard dean say something that works to rile their base up. megyn: howard dean, your former guy. okay, lars, palin has come out and said this is absurd, she says i'm not running for any office but i'm more than happy to accept the dubious honor of being barack obama's enemy of the week and calls this a diversionary tactic to distract americans from the issues that are plaguing the president and his approval ratings thus far. do you agree? >> yeah, absolutely. it is a diversionary tactic and it's another thing. it's i think trying to play the race card. if you look at the way they've edited governor palin, god bless her, she's got to be one of the most popular commentators on the right, a lot of us end up with people thinking we're haters and all that. you can't say that about governor pa*eupbl. she's very, very popular, so they go after her and

somehow by clever editing want to suggest that she's questioning things that might take us back before the civil war? what is the point of this, joe? i know it will probably raise money but raising money through sleazy editing shows how desperate our president is getting. megyn: she was saying, joe, in this appearance she had on hannity, which they've taken an excerpt of it, and this is the quote, people must be aware of his radical past, his radical associations, even today. now, she is not the only one who is saying that. there are many folks on the right who believe that about barack obama, they cite bill ayres and reverend wright. is that really so controversial? >> look, she has every right to say it. the obama campaign has a right to create an ad and put it out there and let its followers decide to send in $5 or $25, which is what this is designed to do. it's not designed to be an aversion or -- a diversion or get the american people to look at something else.

that i remember not piping this into millions of peoples -- >> go ahead, joe. >> but that's what's happening. this is not, you know, an ad that's running to change peoples' views, to change peoples' minds. it's rallying the base to say get involved, volunteer, send money in. we've got a fight on our hands. and i think that's all this ad was designed to do. sarah palin is the target of it, because she riles up a lot of people like me and others in the democratic base, and just as newt gingrich and others do that for the -- >> megyn: but that's the interesting question. >> as i do for a lot of the right. megyn: was there not enough for president obama to go after with the existing adversary? lars, he could go after the men challenging him as presidential contender. why go after someone not running, and quote the governor from several years

snag. >> i don't think he has the arguments to go after his contenders. some of it is keeping the powder dry for the fall. i'm sure he'll go after romneycare in the fall. but right now, what does he say that we should be looking for energy in america, drilling for coal, what does he say so that? what can he offer up? instead he throws out this straw man, we're going to get up governor palin, knock her down, we're going to ask for donations to the two term fund. i suggest the two terms are race and card. i think what he'd like to do is take one of the most popular commentators on the right and suggest that somehow she's being raciest and they don't address the president's radical background. megyn: that doesn't really work in an ad. going on defense to what sarah -- jar palin says in an ad, that's not going to fly, joe. this was paid for by obama for america. should this have been done by a different group? >> look, obama for america

is looking to raise money for the two term fund. this is what they're trying to do. i think, frankly, the reason i think sarah palin is -- look, the movie game changes out, there's a lot in the popular culture now, a lot of buzz about her in the mccain -- you know, the mccain-palin campaign and this plays right into that, that wave of interest, which gets more people riled up to send in money, to volunteer. we do have a tough race on our hands, and yeah, people are going to try to bring up obama's background and make it look bad. that's what sarah palin and others are doing. they're drawing attention to that and say send us money, we've got a fight. i don't see what's wrong with it and frankly it's exactly what the republicans will do. like i said, if i say something or howard dean or somebody else object the left says something, they're going to use it to take on obama. megyn: do you think you're going to be appearing in a gop ad sometime soon, joe? you and -- you incendiary guy! you with your little bandana and cap on election night!

all right, guys. >> we don't have the cowboy right now. megyn: it is cool. cool space fan. thank you all. >> thanks megyn. megyn: department of justice went after voter identification laws in texas yesterday saying the new rules discriminate. but texas is already fighting back. the rest of the story is three minutes away. defense secretary leon panetta says the u.s. soldier accused of killing gaff an -- afghan villagers could face the death penalty but could his previous military service play role in his stkpwhepbs and what we're learning about a head injury he may have suffered just recently. we'll show you what matters and what does not. >> closing arguments in a case we've been watching on "america live", a man i'd mits he killed one of -- an employee and he had an affair with the woman who was married to the man he killed. they deny it. and the guy says barry white

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megyn: a major pushback is building now in texas after the department of justice decided to block a new voter i.d. law there. the law would require voters to show a photo i.d. before entering the polls, the feds say that law is unfair to minorities, to hispanics in particular. supporters say it would cut down on fraud

and point out you node a voter i.d. to get things as simple as buying a pack of beer. joining me to discuss it, peter johnson, jr., and bartle bolt, famed civil rights attorney and former campaign manager for robert kennedy. this is so interesting to me because the justice department is doing this systematically, the supreme court has already upheld voter i.d. laws in indiana, yet the doj has already gone after south carolina, and now texas, saying you can't have them, it may be nine indiana, you not so much. let me start with you, mr. bolt, what do you make of the tactic the doj is pursuing and are they on to something lengthit mat that we need to protect minorities at the poll? >> no, this is an attempt by eric holder to use this as an instrument in politics in the last election, and it started in the last election when of course after that he defended the black panther

party for voter intimidation and what they were doing there, that was intimidating poll watchers, and these identification cards are another form of poll watching. they are a verification that the person was voting, should be voting, that was an intent of the voting rights act, of course. and by striking a side, first by intimidating poll watchers and by making it almost impossible to determine whether somebody is or is not entitled to vote they're really trying to maximize what they perceive to the future electorate. megyn: because the voting blocs tend to be democratic. >> 3-1. ig mig but they do raise issues about access to the poll, access to the ability to get photo i.d.s by these voting blocs and it is the department of justice's responsibility to protect -- >> the department of justice should protect the rights of minority sro* voters but they should also protect the

rights of voters to have access to the polls and what we've seen in texas, they came up with the strange numbers, based on the numbers that the justice department saw, 6.3% of hispanic voters don't have some form of i.d. that's acceptable to texas. 4.3% of nonhispanic voters don't have that i.d. so we're talking about a 10 percent gap. and so now, it's been published, now, this is a horrible thing, it'ster -- terrible, we're going to suppressing hispanic american voters, this is wrong, it's a political issue. it's become a political football, so protect minority voters, protect them from suppression efforts that have taken place over history but certainly texas' effort and the effort in wisconsin, south carolina, indiana, as you point out, upheld by the supreme court, that's not voter suppression. megyn: it's interesting to hear you on this side, but you are somebody devoted,

large portions of your life, to fighting for the rights of minorities and particularly at the polls. >> yes. mig don't you see there is an effort by some -- i'm not saying by all, but by some to suppress that vote, the same way the democrats want to make sure those voters get out, even if they don't have all the right paperwork, sometimes the republicans want to make sure they don't get out because they don't think they're going to be pulling the lever for the gop. >> i think this is a legitimate step, photo i.d.s. by the way, i think eric holder was the worst attorney general since the attorney general for nixon. that's a serious matter. right now i'm working on a campaign in harlem for a young african-american democrat working against charlie rangel and i think he's going to find problems up there. >> why are you so against eric holder? this is what the attorney general's job is, to make sure there's fairness. >> he's not doing that. when he protected the new black panther party after their abuses in the last election, he was guaranteeing their right in future elections to intimidate voters and poll

watchers. martin luther king did not die to have people carrying weapons to block voting and that's who holder protected. >> that's a whole separate issue from this. it has nothing to do at all with this, and protecting minority voters is important, and i've seen suppression of minority voters here in new york. megyn: and the doj always points out there's virtually no evidence of voter fraud. >> texas has pointed out there were 50 prosecutions and convictions of voter fraud in the state of texas, in the ten years before. voter fraud is a problem. megyn: 50 in ten years? >> a lot of local prosecutors are afraid to prosecute it. they're afraid to prosecute it. they don't want to prosecute it. of course it's a problem in america. of course it's a problem in many of the states. and to say well, i need i.d. to cash a check, to go to the supermarket, to get on an airplane, but i don't need voter i.d. to vote?

that i think is strange. constitutional right to be protected, because it is so important, and there should be a higher obligation and a burden to prove who you are and you have the right to vote. the access should be protected for all americans. and not only in an election year, under some guise of minority disenfran khaoeutment. i tkobl it. it's a scam, i think the numbers are crazy and it's an artifice. megyn: we will wait. the battle isn't over. texas doesn't appear to be taking it lying down. >> they're going to court. megyn: thank you both so much. coming up the president's approval numbers took a big hit in a cbs news poll and everyone is assuming it's about gas prices and the economy, but hold on. at the top of the hour we'll show you what other issue is suddenly costing the administration with voters, and how. it may surprise you. >> the world's tallest man is 8 feet, 3 inches and still growing! up next how a medical breakthrough is helping him

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megyn: doctors treating the world's tallest man, now say he has stopped growing. twenty-nine-year-old salton kozan stands at 8 feet, 3 inches. look at him! he suffers from a rare disorder affecting his pitutary gland causing an excessive amount of growth hormone. doctors say a medical treatment may be saving his life. trace has more. >> reporter: you got to keep this in context here. there have been fewer than ten people in the history of the world who have ever reached 8 feet tall. this guy, as you said, 8-foot, 3 inches. that's 13 inches taller than shaquil o'neal. that's astounding and a

pituitary gland is the problem, a gland about the size of a pea in your brain, now doctors at the university of virginia, the medical center there, have done successful laser surgery along with medication to shrink that tumor so it does not keep producing growth hormone because it he keeps growing, doctors say, it could be very dangerous. listen: >> if he had broken a bone what had led to an infection or blood clotting he could have died suddenly. so our hope is that by stopping him from growing at least we will prevent worsening of his overall health. >> reporter: you saw the picture of him getting into the car. he can barely get in a standard sized car. the hospital was the same way, they didn't have a surgical helmet big enough to fit him so they had to bring that in, no beds big enough, they had to bring that in. couldn't fit in the elevators. the doctors said if he kept growing the skeleton could not hold the weight which is

now 371 pounds. in case you're wondering, he wears a size 28 shoe! that's like four jimmy choos in one for you megyn. that's big. megyn: my heart goes out to him. that's got to be very hard. i mean, just living that way. like you say, elevators and cars and things you wouldn't even think of. but i do want to tell you this, trace, our control room is telling me he supposedly is the tallest, but apparently there's a man in czechoslovakia who may be taller but he refused to be measured! >> we did the research. if you're going to go to guinness and get measured, you can't be in the book. megyn: no, you're out of the running. thank you trace! when the sunday commission -- when the u.n. commission on women wrapped up they issued a strong condemnation for violating womens' rights, it wasn't syria, it wasn't iran. wait until you hear which country it was and why there's growing backlash today. plus defense secretary panetta says the soldier

behind the shootings may face the death penalty. after the break, could the previous military duty help with his defense? i look at her, and i just want to give her everything.

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learn more at keller.edu. megyn: fox news alert on new poll numbers suggesting president obama has a big new challenge for his re-election campaign, and it isn't gas prices or the economy. a brand new hour here of "america live." welcome, i'm megyn kelly. two words: foreign policy. suddenly pulling down the president's approval ratings and how. take a look at this. it's a new york times/cbs poll. the change over the last 30 days is dramatic. the new numbers are on the left. this is the approval rating when it comes to the president and his handling of foreign policy. right now 40% approve of how the president is handling foreign policy compared to 50% a month ago, a ten-point loss in a month. 41% disapprove now, that's up from 36% a month ago. joining me now, scott rasmussen,

president of rasmussen reports.com, and chris stirewalt, our fox news digital politics editor and host of "power play" on foxnews.com. chris, everybody looked at this in sort of the mainstream media and said it's gas prices, it's gas prices, they've gone up 12 cents over the past month, but when you look at the -- because the overall approval rating is way down, and that's where i should have started. the overall approval rating's down to 40. it was at 50 a months ago. it's a new low, and he's lost ten points on foreign policy, so you tell me, is that what's driving this poll? >> well, certainly, megyn, they're not unconnected because americans have learned over the course of a few generations that when they're paying a lot of money for gasoline, there's a good chance something bad is happening in the part of the world that produces most of the oil. so, certainly, there's part of it. there but let's also remember the situation in afghanistan remains very dire and seems to worsen by turns.

the president is the architect of a different strategy, two surges with a timeline and a strong nation-building component that he has had in place in afghanistan since 2009. americans strongly disapprove of the war. there's reason to believe that though he's avoided the blame, in time some of it will move down to him. megyn: but, scott, they sharply disapproved of the war before. what we've seen in the be past month is the apology for the accidental burning of the qurans in which, you know, prisoners had been sending, allegedly, terrorist messages to one another. the mess in syria which we could not convince our allies to condemn. what we've seen with respect to violence in other parts of the world and the president's handling of israel and the conflict with iran, is that playing into this foreign policy number? >> well, there's a lot of factors playing into it. our own numbers don't show this dramatic dropoff. we do show the president's job approval down from the beginning of the year, but nowhere near his all-time lowful we show a little bit of softening in his

foreign policy numbers, and you got to remember -- you've got to remember only 5% of voters consider foreign policy matters to be the most important right now. so it's low on the list of issues. but as chris pointed out, when you start talking about the tensions between israel and iran, that raises concerns that are tied into gas prices and, of course, anything that is concerning israel resonates with an awful lot of people in the united states. the syrian situation is causing problems. americans do not want to get involved. they do not want to get involved in libya, so they're perhaps sensing a pattern. and at the same time what we're really seeing is the president is saying we need to consider some new missions, but we need to cut the defense budget, and that may also be playing into this. megyn: on the subject of gas prices, the president has said repeatedly there's no silver bullet, there's no magic solution, it can't be fixed overnight. the polling shows that 54% of americans believe gas prices are something a president can do a

lot about. so is that message a dangerous one politically for the white house? >> well, certainly it takes a lot of time to make, and in politics it's hard, it's very hard to argue why you should waste so much time trying to reeducate american voters as to why it's not your fault or the complexity of gasoline prices. there are things a president can do. from the right they argue that he can increase the supply in the short term which fights speculation. on the left they say, hey, the federal government has the strategic oil reserve, start pumping it out of there and have the federal government, essentially, subsidize the domestic fuel market in order to bring prices down. so there are things he can do. the time he starts talking about things why there aren't things he can do strikes me as potentially wasted time. megyn: scott, this poll suggested the president's approval ratings are hurting with independents, there was a loss of support among independents and also among republicans and democrats, but a significant loss with independents.

that's the group everybody's watching going into this election season. what are you showing with respect to that voting bloc? >> absolutely the same thing. the most significant voting bloc in the nation this election season are white working class democrats or former democrats who are now independents. these are people who are, who voted for hillary clinton in the primaries four years ago, they voted for republicans in last november, and they are situated in places from pennsylvania to wisconsin that are key to the electoral college battle. these voters, the white, working class democrats, the old reagan democrats are very sensitive to economic issues. gas prices is part of it, but to a larger range of concerns, and the way they go will determine the election. megyn: chris, i want to ask you quickly, scott's pointing out that foreign policy really doesn't rate at the top when it comes to the issues that people care about, and we've seen that in the polls. could that potentially be changing in this country right now given what's on the front page of the papers and, you know, at the top of the shows on

cable and network every night? >> well, certainly as bad as things have become in afghanistan and as many people are calling for expedited withdrawal, republican and democrat, as this is going on this is something the president's got to deal with, and lingering menace from iran is something that has a lot of americans concerned. so i think you're going to see that share of the electorate go up that's primarily interested in foreign policy. megyn: uh-huh. it seems to be dominating the news cycle in every forum. gentlemen, thank you both so much. >> thanks, megyn. megyn: well, we have some new reporting today on the horrific massacre in afghanistan. defense secretary leon panetta earlier suggested we could possibly see the death penalty for the soldier who allegedly killed 16 afghan civilians. so will that be determined, how will it be determined, and how might the lawyers defend him? gregg jarrett has more live from our new york city newsroom. >> reporter: hey, meg. the secretary of defense spelling out the ultimate punishment here that this american soldier could face,

execution. at the same time, panetta cautioned against overreacting politically and militarily by changing course in afghanistan. >> we seem to get tested almost every other day with challenges that test our leadership and our commitment to the mission that we're involved in. >> reporter: sixteen afghan civilians were massacred including nine children and three women. villages stay the soldier stalked from house to house. now, a mental defense may be invoked by the soldier's lawyers. he suffered a mild traumatic brain injury in iraq, though later judged fit to return to duty. he'll be tried by a u.s. military court, and if convicted and sentenced to death, the president would have to sign the death warrant. right now there are six inmates sitting on the military's death row.

meg? megyn: gregg, this soldier served three tours of duty in iraq and was on his first tour of duty in afghanistan. can he use that as part of his defense? >> reporter: he can use it in two ways. in the guilt phase, his defense could argue battle fatigue as part of his mental defense of, let's say, insanity. that is the prolong stress of battle, four tours, compounded by a war injury caused posttraumatic stress disorder, and he snapped becoming sudden hi violent, unable to distinguish right from wrong. here's the problem with that. he reportedly turned himself in which is evidence that he knew what he did was wrong. so if that doesn't work and he's convicted, he could use it again in the punishment phase. he's allowed to present what are called mitigating factors to avoid death. he could argue that his long service to the nation, many sacrifices he made plus that combat stress we talked about all outweigh the aggravating factors. but, megyn, you know, you're a lawyer, you know this, given p the heinous, atrocious and cruel

nature of his alleged deeds, that'd be a tough one. megyn: and now it's gone political which is never helpful in these cases. gregg, thank you. >> reporter: okay. megyn: well, the united nations strongly condemning one country for violating the rights of women. not syria, not iran. up next, you will not believe which country they are criticizing. and a group of doctors has put up an attention-getting billboard near wrigley field in chicago. you can see it right here. the hot dog and sausage industry says they're not happy. megyn: plus, an interview with a local tv station leads to new questions about the president's pride in our troops. what did he mean when he said we can be proud of them generally? we'll debate it. >> in this has been an enormous strain for a decade now on our men and women in uniform, and,

obvious, what happened this weekend was absolutely tragic and heartbreaking, but when you look at what hundreds of thousands of our military personnel have achieved under enormous strain, you can't help but be proud generally, and i think it's important for us just to make sure that we are not in afghanistan longer than we need to be. ohhh my head, ohhh.

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ew. seriously? dude that is so totally gross. so gross...i know. there's an easier way to save. geico. fifteen minutes could save you fifteen percent or more. megyn: brand new controversy today at the united nations. a key commission issuing a strong condemnation against one country for violating the rights of women. syria? try again. iran? not so much. the group accused israel of, quote, systemic violations of the human rights of palestinian women. joining me now, fox news national security analyst kt

mcfarlane. so this is what they're worried about. we saw, what was it, 13 women murdered in syria this week, women and children who were murdered, they said, by the government forces who were trying to squelch down these rebels. that? no. israel. that's who we need to be focused on. >> israel is the country the united nations loves to hate, and the problem with it is if you look at the hypocrisy of the united nations, here's iran, a country which still stones women. you look at other countries -- megyn: well, i mean, they were being unfaithful kt. [laughter] i mean, this is the logic that they employ. >> it's crazy. but i think it's a bigger problem than this. why? because we're about -- a crisis is brewing in the middle east, potentially between iran and israel and the countries of the persian gulf region. and what you're seeing is a systematic approach by the united nations to isolate israel even more than in the past. to me, what was upsetting about this, yet another example of the

united nations treating israel differently than the rest of the world. that's to be expected. but who was abstaining in this? who was going along with the gang up against israel? the european -- some of the european countries. megyn: why? they said ten european countries abstained. why would they abstain? we voted no. >> we voted no. megyn: good for us. >> israel voted no, china and india voted, yes, to condemn israel, but there there were a r of european countries that voted to abstain. is it pandering to the arab states, the muslim world, or is there something else going on? to me, what it's lining up to is a situation where you're going to choose, israel side or the arab oil-producing states. and what it reminds me of is in 1973 during the arab/israeli war, the united states wanted to resupply israel. we couldn't get any european countries to allow us to land u.s. military aircraft to refuel enroute to israel. that was before the arab oil embargo. that was before the arab oil

states started using their oil wells to intimidate other countries. what's going to happen now? megyn: it was introduced bilal jeer ya, this resolution, and it was adopted by a 29-2 vote, right? the u.s. and israel were the only no votes. but they said there were a number of issues they say including women hostages, women and hiv/aids issues, empowerment, preventable maternal mortality and the right to sexual and reproductive health. >> right. these were issues that they condemned other countries for doing. they didn't single out any other countries, they certainly didn't even accuse israel of doing these things against palestinian women, but they just couldn't help themselves. megyn: why is that world body so against israel? >> in part because of the numbers game. if you look at the countries that make up the united nations, how many of them are middle eastern countries, how many of them are arab middle eastern countries.

megyn: does this matter, because i was just researching, benjamin netanyahu has refer today the u.n. as a house of many lies and a theater of the absurd, a place where israel is unjustly singled out for condemnation more often than all the nations of the world combined. >> right. megyn: you know, we just had this last week our defense secretary suggests that we need to get international permission before we take any military action abroad. he was talking about syria at the time. >> right. megyn: speaking more of a mandate. but does this play in when you look at how the u.n., you know, targets israel in this way and condemns israel, does this play into what the future will hold if we do have to step in or are asked to step in if israel starts bombing iran, and if there is a mentality that we need the okay from an international body like the u.n. to help israel, i mean, does this suggest we're not going to get it? >> well, i mean, if we're thinking that the united nations is going to help israel or in some way come to israel's aid,

that's naive. but i do find it upsetting that the secretary of defense implies that we're not going to ask the united states congress for permission or concurrence if we want to use military force around the world, but we're going to make sure we get permission from the united nations. that's got it all upside down. megyn: and the u.n., this is just the latest thing, but didn't they have a group last year that condemned the united states for its human rights violations? >> yeah. it's an opportunity for a lot of countries to just go beat up on the united states, and they -- and here the united states gives the united nations the majority of its budget, gives the united nations its land, gives the united nations opportunities to hang around new york and live the good life and what does the united nations do? can't help but take a swipe at the united states, and while they're at it, let's kick israel too. megyn: kt mcfarlane, thank you. >> thank you. megyn: critics are hammering president obama regarding recent comments he made about u.s. troops, but is the criticism fair? we'll play you his entire comment and have a fair and

balanced debate coming up. plus, a group of doctors has put up an attention-getting billboard near wrigley field in chicago. the hot dog and sausage industry is not happy. that story right after the break. the best part of angreat meal?

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peg meg fox news alert, the federal reserve just wrapped up a meeting by offering a more positive view of the economy after what it called a burst of hiring in recent weeks. the central bank is not taking any further steps right now to boost the recovery. the fed also said strains in the global financial markets have eased, though it warns they continue to pose a threat. well, a billboard near chicago's wrigley field is getting plenty of attention. see what it says right there about hot dogs and cancer?

it was posted by a group of doctors warning about the public -- warning the public about the possible dangers of eating processed meats. but chicago is a city known for its hot dogs and sausages, and thousand the companies making and serving them are calling the billboard part of a smear campaign. trace gallagher live in our west coast newsroom. >> reporter: and, of course, you leave it to me to say the butt cancer part of it -- megyn: i said it before, i said it with gusto. >> reporter: the butt cancer slogan is part of a bunch of signs these doctors have put up that say hot dogs will wreck your health, ruin your game. they claim these studies show that processed meats can lead to coe low recollectal cancer, and they chose the butt cancer in chicago because it shows that men have the highest rates of rectal cancer in the country. they've now issued a statement that says, and i'm quoting here,

hot dogs are a great chicago tradition and part of a healthy balanced diet. they come in a variety of nutrition and taste formulas, and they are an excellent source of protein, vitamins and minerals. so let me get this right, we have one group saying they will kill you and one group saying they're, no, actually good for you. we decided to let dr. marc siegel be our mediator. listen. >> i've got to be honest with you, if i'm firing up my barbecue, i have hot dogs on hand. if i'm going to the ballpark, i get a hot dog. but i would not say that hot dogs are part of an essential diet or that hot dogs are essential. that is a wrong message just as saying that eating an occasional hot dog is going to kill you is the wrong message. >> reporter: yeah. the american cancer society, by the way, says that nitrates used for hot dogs have led in some studies to cancer in animals. what they're saying is if you want a hot dog every once in this a while, fine. don't eat 'em every day. baseball season's coming up,

though, so you're going to have a hot dog. megyn: everything in moderation, right? it's got to be worth it. if i have something that's potentially bad for me, if it's delicious, i'm going for be it. if it's so/so, it's not worth it, you know? save up the calories and the nitrates. >> reporter: hot dog at the ballpark's worth it. megyn: i agree with you. or at saratoga race track in the summer. that's where i live. i'm from albany. we go there every august. i recommend it. well, there's no question our veterans need a helping hand, and one hollywood superstar is heeding the call teaming up with 9/11 victims' families for the first time. just ahead, actor gary sinise joins us on his new effort to change the lives of our wounded warriors. and closing arguments if a case we have been watching closely here on america live. a man admits he killed the husband of one of his employees, but he says barry white and olivia newton john made him do it. that's on the docket in today's

kelly's court. plus, president obama raising questions in an interview with a local tv station saying we can generally be proud of our troops. what did he mean by that? we'll play you the entire comment so you can hear the context and have a fair and balanced debate next. [gunfire] i was in shock.

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people flocking to the polls in mississippi and alabama as the republican presidential candidates duke it out in today's primaries. we will have the results for you tonight as they become available. retail sales increasing 1.1% last month, the biggest ga hes a. they also paid higher prices for gas. ♪ >> there are a few who move toward the sounds of chaos. ready to respond at a moment's notice. megyn: well, that's just a little bit of a powerful new tv ad for the marines, the few and the proud be. we're seeing it on the very same day that we're getting questions about an interview president obama gave to a denver television station yesterday. the president saying we should be proud of our troops "generally." now critics are hitting him hard for the use of that word,eneral"

here's the part of the iew at issue. >> this has been an enormous strain for a decade now on our men and women in uniform, and obviously, what happened this weekend was absolutely tragic and heartbreaking. but when you look at what hundreds of thousands of our military personnel have achieved under enormous strain, you can't help but be proud generally. and i think it's important for us just to make sure that we are not in many afghanistan longer than we need to be. megyn: joining me now, lieutenant general tom mcinerney, he served 35 years in the air force as a pilot, commander and strategic planner retiring as an assistant vice chief of staff, and dick harpootlian, chairman of the south carolina democratic party. gentlemen, thank you both so much for being here. let me start with you on this, general. you know, online his critics are going after him for this saying

he needs to be proud of the troops period, not generally. do you agree? >> yes, i do, megyn. i think i'd have liked it if he would have said exceptionally proud rather than proud generally. look, this sergeant was on his fourth tour. he was an exceptional trooper because he was a sniper, very well qualified in his particular area, and people understand he'd seen a lot more combat than most people. i think the president was trying to get the right point across when you listen in context to all his comments, but he would have been much better served to say exceptionally proud. now, look, this guy snapped. it was a medical problem. he had ptsd. he had traumatic brain injury in his previous tour. he should never have been over there, and the leadership, i blame them for putting him over there in this particular situation. plus i have a major problem with our strategy over there, but that's for another day. megyn: dick, do you think that this is unfair to the president,

you know, that he's being taken out of context? >> well, i don't know that it's unfair in the political silly season that we're in. um, you know, whether it's mitt romney's driving two cadillacs at the same time or the president being interpreted as saying something disparaging for our troops, which he did not say, i think the general would agree with me. i think we both agree, however, that there is a problem when a guy like this who has performed extraordinarily for his country on four tours who, apparently, suffered a pretty serious brain injury has suffering from ptsd is put back out in the situation he was put in. um, i would agree with the general that there's serious questions about who made the command decision to let this young man back out there. megyn: you know, there are -- the president's been taking heat lately, general, over apologizing for an accidental burning, what we're told was an accidental burning of qurans in afghanistan after, you know, terrorist messages had

reportedly been passed from detainees inside of those qurans, he apologized for that, and now he comes out and says he's proud of the troops generally when, you know, it's one guy who, it's unfortunate, but it's one guy who went on this rampage, and does that really warrant a qualifier for the troops and his pride. is it fair? because it seems like some have a narrative they believe this president doesn't really feel pride in our military, but is that the right leap to make? >> well, it is a big leap, megyn, and the fact is the buck does stop there, and the president no matter who he is always picks up the responsibility. megyn: he's the commander in chief. >> he's commander in chief. the quran issue was one that one of the methods of destroying a quran that has been defiled, and it was defiled by terrorists, is burning. we didn't get any help out of the afghans and karzai. they should have given us a lot of help in the way that this was handled. he was very quick to apologize,

and that's because he was advised by his advisers who i don't think fully understand the ideology that we're facing there, and he was a little quick to do that. i think as you can see in this particular instance he has not apologized. he regrets the incident, but he's a lot more measured in it. but that's the price of being the commander in the chief, and it's unfortunate, but that's what -- it's always been that way. megyn: yeah. you're going to take incoming from your critics. dick, when i look at the sentence, not to be too for too forensic. he said, look, it was tragedyic and heartbreaking, but, he goes on to say, you can't help but be proud generally. he seems to be drawing a distinct of i'm not proud, obviously, of what this one soldier did, but i am proud of our troops generally. just taking the sentence structure, is that not a fair construction? >> i think that is a fair construction, and i fear and as

the general's pointed out, we get no support from karzai and the afghan government for anything that happens, and what i'm afraid of is that if somehow they're able to construe the president's supporting or somehow being proud of what this young man did, there'll be more americans killed in afghanistan in general. i don't know what your strategy is for afghanistan, but longest war in the history of this country, it's a medieval country with medieval customs, and no one's been able to civilize it from the brits to the russians to us. we've taken out 22 of the top 25 al-qaeda, it's time to come home and spend our efforts and our focus on america, not on trying to civilize those that would not be civilized. megyn: right now the white house is saying they are not accelerating our time schedule that's already been put in place for afghanistan. gentlemen, thank you both so much. >> thanks, megyn. >> thank you. megyn: follow me on

twitter,@megyn kelly. one hollywood star is partnering with the families of 9/11 victims building homes for some of america's most seriously injured americans. in some cases, all four limbs. actor gary sinise explains how this project works and why he's doing it coming up. and it's a case we've been watching closely here on "america live," closing arguments with underway now in the case of a man who admits he killed the husband of one of his employees, his alleged lover, but he say barry white and olivia newton john made him do it. kelly's court with the actual courtroom closing arguments, you'll hear them, right after the break. buy one spectrum by lg, and get one free ?

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but when she got asthma, all i could do was worry ! specialists, lots of doctors, lots of advice... and my hands were full. i couldn't sort through it all. with unitedhealthcare, it's different. we have access to great specialists, and our pediatrician gets all the information. everyone works as a team. and i only need to talk to one person abouter care. we're more than 78,000 people looking out for 70 million americans. that's health in numbers. itedhealthcare. megyn: kelly's court is back in session. on the docket today, closing arguments underway in the trial of henny newman who claims delusions of singers olivia newton john and barry white drove him to kill an employee's husband. the prosecution says this man

was not insane or having delusions, he just wanted the victim's life. >> henny newman killed rusty snyderman because he wanted his wife, because he wanted his money, because he wanted his life. that, ladies and gentlemen, is not insanity, that is not mental illness. in georgia, in courtrooms we call that good old-fashioned, cold-blooded malice murder. megyn: the defense team also blaming the victim's wife for this crime. they claim andrea snyderman, the widow, lured the defendant into a secret affair and then manipulated him somehow into murdering her husband. today the defendant's lawyer made her the villain. >> following this trial, i respectfully suggest to you that

webster's dictionary should be changed, and from this day forward anyone who looks up the definition of evil would see nothing more than a photograph of andrea snyderman. the gun in this case was in hemmy's hand, but the trigger, i respectfully suggest, was pulled by andrea snyderman. megyn: joining me now to discuss it, former prosecutor, now defense attorney joey jackson, and julia morrow who is also a defense attorney and former prosecutor. all right, panel, this defense is going after the wife now, the widow of the victim full throttle. it seems to me, you tell me, julia, it seems to me they seem to be a little worried that

their insanity defense is not going to fly on its face,, and o they're trying to create identity villain. the wife. they had an affair, she made him do it, it's not hemmy's fault. >> that's a great analysis. their insanity defense fell flat. this is clearly not a legal insanity defense. it's a i'm a lovesick fool defense. but unfortunately, that's not going to meet the definition. he was a highly-functioning individual, megyn. there's evidence of planning, there's evidence of a cover-up, there's evidence of a logical motive which is to get the husband out of the picture. but more importantly, megyn, there was evidence in this case that there was an initial attempt on the victim's life by hemmy newman, but he lost his nerve, and he aborted the mission. so you have to ask where in there is there any evidence that this guy did not know right from wrong? and i predict the jury's going to reject that defense. megyn: but, joey, might the

defense be on to something because the wife, right? the theory by both the prosecution and the defense is there was an affair between the defendant and the widow and that they wanted the husband gone. >> right. megyn: the wife is the only one denying an affair at this point. >> the only one. megyn: so might the defense be on to something in trying to portray her as the villain saying she targeted poor hemmy, she started an affair with him -- she denies it, but they did it, trust us -- and she got him worked up to the point where he killed this man, and she's the real one to blame? >> oh, absolutely, megyn, and that's exactly what's happening. what julia says is very compelling and, you know, insanity defenses by and large don't work, and when they're used, you know, they're used without success. that being said, megyn, we have to look at the entire picture. in this case there's a large battle of the expert bees. what was that battle? the state says, you know what? he's fine. there was nothing to indicate to me when i looked and evaluated him that there was anything

wrong. but then, of course, you have the defense experts, and they say, you know what? he suffers from bipolar disorder, and then they look and see his history, and it entails a history of abuse as a child, being shipped off to israel and boarding school against his wishes and just having a bad experience growing up. now that, when you match his bipolar disorder, the fact that bipolar disorder is intermittent, you don't have to have evidence of it all the time, it just comes and goes, and you add this to andrea snyderman and her being cofiving, that's why -- conniving, now the picture presents of someone who at the time of the commission of the offense did not though right from wrong. megyn: julia, there's no accident that the defense is going after the widow so hard because she wasn't likable when she took that witness stand. i want to show the viewers just a snippet of an exchange she had with the prosecution. they called her, she was their witness. watch this. >> bothered you with i love you

and marry me concern. >> yep. >> and it's a fantastic idea to go with him to a dance club? >> if that's how you're reading the e-mail, i suppose. >> then tell me how to read it, i just know english. megyn: that's the prosecution, that's her trying to claim her lovey e-mail to the defendant wasn't lovey at all about how it's fantastic to go to a club and o do all or or -- sorts of s with him. >> she's nasty, she came off very poorly, she was hugging one woman and kissing a woman in the courtroom, she got tossed out of the actual courthouse because of her behavior, and so i think what they're doing here which is somewhat brilliant if the jury buys it is they're going for jury nullification because they know the insanity defense isn't going to fly -- megyn: olivia and barry are not going to get blamed for this. [laughter] >> look, maybe it was her. let's not convict this poor guy, let's let him go, and maybe the prosecution will come to their senses, excuse me, and arrest

the real culprit. megyn: he was a patsy, joey, manipulated first by his abusive father and now by andrea. >> and, remember, the expert who testified for the prosecution has a fatal flaw and that she's not licensed in georgia and, therefore, what the defense is doing is they're going after both ann andrea snyderman wheree dictionary's going to be changed with her face being on it, the portion of evil, and the other thing is the expert. the expert, clearly, if you're not licensed in georgia, then you have a problem rendering a medical and expert decision here. megyn: this is why people watch courtroom dramas so closely. we'll continue following it as the case goes to the jury. panel, thank you. >> pleasure, megyn. >> thanks, megyn. megyn: he played a disabled veteran in forest gump. gary sinise has spent plenty of time helping america's real military heros, and now he's partnering with the families of 9/11 victims. gary sinise is here next.

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megyn: well, actor gary sinise is now joining with the families of 9/11 victims to build specially-adapted smart homes for our most seriously wounded u.s. service members. the project is called building for america's bravest. it is a joint project of the gary sinise foundation and the steven stillers tunnel to towers foundation. they have built 13 homes so far this year and more are on the drawing board. joining me now, gary sinise and frank stiller. guys, thank you so much for being here. >> thank you, megyn. megyn: what an honor. gary, you've been on the program before talking about this. why does this, what -- i mean, with all your celebrity and your power and money, why is this what you've chosen to devote your time to? >> well, various or reasons.

i've been involved with disabled veterans since i played one years ago in a movie in the mid '90s -- megyn: forest gump. >> yeah, forest gump. lieutenant dan was a disabled veteran, i got involved with the dav, disabled american veterans' organization, so been supporting them for many, many years. i have veterans in my family, i respect what our veterans do for us, and then after september 11th we started deploying and people started getting hurt, and i got very, very actively involved with supporting military charities and doing what i could to try to help keep 'em strong. we've partnered up, gary sinise foundation and tunnel to towers foundation, to try to do something for our wounded and build these homes for them. megyn: and, frank, your brother, steven, was lost on 9/11 running through the tunnels because he couldn't make it after his vehicle stopped just trying to get through to save people's lives. he wound up losing his own. you are now working to build

homes for our most wounded veterans because a lot of these guys were wounded trying to fight these wars, afghanistan in particular, that was started in the wake of that devastation on 9/11. >> you're exactly right. and that's why our foundation has evolved to what we're doing now, you know? we know that we're at war because of what happened to not only stephen, but over 3,000 people that day. we lost, it was a tremendous has for our okun. our men -- for our country. our men and women have picked up the torch since then and made a tremendous sacrifice for us. the ones that are coming home that are severely injured, i think it is our responsibility as civilians here to make sure that we take care of them the proper way. and this is the least that we can do. so we're very proud of what we're doing. megyn: these guys, these are the most wounded. i mean, you have, you know, guys who have lost their arms and their legs, they don't have a place to live. these homes cost a lot of money, between $500,000 and a million bucks, so you're working to

raise money. let me ask you this, gary, is it hard, is it hard meeting these guys and finding a starting point to help them rebuild their homes, tear lives, their morale? >> what's difficult is the fact that there are so many x thankfully, there are other home-building projects out there that are trying to fill the gaps and make sure that we take care of these wounded warriors. what we've chosen to do, we have over 40 triple amputees, and we've focused our attention in the past couple years on the quadruple amputees that we have. they, obviously, have special needs. we're lucky that we have smart home technology guys that work with the local architects, and they come in, they design these homes specifically for the needs of the wounded warrior. they have very, very severe injuries. they, obviously, have special needs. so coming into a house is difficult. you know, just any house. so these homes are designed to make their lives more manageable, and we've chosen ten

warriors this year. the thing about what we do is i go in, and i play a concert toal hi the communities -- rally the communities around the warrior. not only are we building the house together, but we're trying to inform the community in a way that they can help to support this wounded warrior as life goes on -- megyn: once he gets into the home. >> the community has to take some responsibility. megyn: and for people who feel uncomfortable, sometimes it makes people feel uncomfortable because they feel such pain and such heart ache looking at somebody else's pain and heart ache, and some turn away. how do you get that's past that to where you say i'm going to help? >> if you meet them, they're incredible people just that they joined the service and protect the country means they're incredible people. but to every one of them they would do it over again. they all say it. this is what they wanted to do, they're willing to put their life and their body on the line,

and they did, and they paid a big price. and so when you meet them, they're remarkable human beings, and it's the least that we can do is to rally together and make sure we give them what they deserve. megyn: absolutely. people always ask me in interviews, who are the most amazing interviews you've done, and i always say these guys -- >> oh, without a doubt. megyn: they make you everything that's important in this life. by the way, if you think you're too busy to help people, take a look at gary sinise's life. starring in csi: new york, play anything the lieutenant dan band, going around working with the gary sinise foundation.org. you can make a donation to that organization or to tunnel to towers.org and help out this very worthy cause. gentlemen, thank you both so much. >> we've got the concert april 27th at brooklyn college. megyn: april 27th, brooklyn college. be there or donate if you can. we appreciate it. [ male announcer ] this is lois.

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