jenna: you musting proud. greg: thanks for joining us. jenna: "america live" starts right now. megyn: fox news alert four days ago the white house called it, quote, a matter for local law enforcement, but today the president dramatically changed the stakes on a small-town crime in the state of florida that is now getting national attention. welcome to "america live," everyone, i'm megyn kelly. the white house this morning had scheduled an event where president obama was to introduce the new head of the world bank. when that was done mr. obama shocked the reporters by taking an off topic question on the shooting of trayvon martin, roughly a month ago. the teenager's accused killer is a hispanic neighborhood watch captain, stef selfappointed. josh earnest came out the head of the event and whispered something to the nbc reporter who later asked the question. ed henry is live at the white house moments before the press

beefing there to walk us through what happened this morning. ed. >> reporter: good to see you. i don't know the circumstances of how the question came together. what i do know as you mentioned, jay carney a few days ago was ken asks a question by bill press on why they had not weighed in on the martin case at all. jay carney did say it was a local law enforcement matter, they didn't want to interfere witness. when the president got the question today he walked back to the podium and clearly wanted to weigh in on this as this case has got even more and more attention. take a quick listen. >> thank you. >> you're going to do great. >> thank you. >> all right. >> controversial allegations of lingering racism within our society. the stand your ground law. can you comment on the trayvon martin, sir. >> i'm head of the executive branch, and the attorney general reports to me, so i've got to be careful about my statements to

make sure that we are not impairing any investigation that is taking place right now. but obviously this is a tragedy. i can only imagine what these parents are going through. and when i think about this boy, i think about my own kids. if i had a son he'd look like trayvon. and, you know, i think they are right to expect that all of us as americans are going to take this with the seriousness it deserves, and that we are going to get to the bottom of exactly what happened. >> reporter: very serious case, obviously, even more powerful now, the powerful words from the president suggesting that he had a son he would look like trayvon martin. the other questions the administration undoubtedly going to address, jay war carney

coming out in a moment. the gas problem. the second anniversary. he didn't take any other questions, but he did weigh in on this case. megyn: the white house press secretary took questions on this case on march 19th, four days ago. here is how jay carney handled this on tuesday. >> our thoughts and frayers go out to trayvon martin's family, but obviously we are not going to wade into a local law enforcement matter. >> the case of professor gates up in cambridge pales compared to this and the president did speak out about that. megyn: it had to do with a black harvard university professor who was arrested boy a white police officer responding to a 911 call about a possible break in. it turned out that it was actually professor henry lewis gates' own home. he was arrested and charged with

disorderly conduct. those charges were dropped but it sparked a national debate about racial profiling by police and it turned explosive when president obama weighed in and said this during a prime-time news conference. >> the cambridge police acted stupidly in arresting somebody when there was already proof that they were in their own home. megyn: after a week-long firestorm the president invited both men to the white house for a so-called beer summit to discuss the situation. well as ed henry mentioned the president is apparently choosing not to mark or really even mention today's second anniversary of his healthcare law becoming law. he is no doubt standing behind it. the president's re-election campaign launching a new website supporting the controversial law. we asked our focus group moments before we began the show today, what they think of the healthcare law two years later ban this ad. >> this thing is no more popular today than it was two years ago when it passed.

it has a process problem, rammed through the congress in the middle of the night, passed by members who had not read the bill. megyn: when you see the baby there, and the father talking about preexisting conditions -- >> we still took over one sixth of the u.s. economy to fix a problem affecting 10% of the person population. the american people have never got even over that. obama had no mandate to do what he did. megyn: and they had plenty more to say, trust me on that. you can hear more from the focus group just ahead right here on "america live." anger is building now over an announcement from new york's stony brook university that the school will start scheduling classes on major religious holidays. the school claims the change is meant to show respect for all faiths. students will need to choose between their school work and observing holidays like pass over and good friday with their families. trace gallagher has more live from our breaking news desk. >> reporter: at the beginning of

the fall stony brook university will hold classes on yom k yom kepper. the university says it's an academic decision, it's not fair to cancel class classes for some religions and not others. they say by celebrating nothing they celebrate everyone. here is the vice provst. >> it will be a personal decision, not a state decision. our goal is to maximize available class time for all of our students and to really make a calendar that is predictable and standardized that makes the most sense academically. >> reporter: let me show you a break down now of the religions of the kids at stony brook. christians 44%. muslim 6.5%. jewish 6.2%. buddhist at 3.1%. the critics say the university is clearly forcing students to

choose between work and faith. here is a student. >> fair is all well and good, but it's a school, and when you're setting students back that is bad. it shouldn't be that way. you shouldn't have to make that choice. >> reporter: so the school is now offering a trade off, let me just show you the white board here. there will be no exams on religious holidays at all, no assignments due on religious holidays and students will not be marked absent if they don't show up. kind of like, they did in home classes on rehreupbl just holidays. the pastors, the rabbis, and the chaplins at stony brook are all complaining because they say they were not asked for their input into this matter at all. they want the schedule to go back to the way it is. megyn: just to clarify then, they used to give the students chose holidays off, the whole school would have no classes on those holidays. >> reporter: and they still do this year. this goes through this year. it begins in the fall, so, yes,

up until the beginning of the 2012 calendar school year those holidays were off, no classes. megyn: and now things are about to change. all right, trace, thank you fallout from stony brook's decision is reaching far beyond the campus. rush limbaugh weighed in on this saying he sees this as one of the issues fueling a growing sense that some american values are under attack. >> the silent majority are the people who get up and go to work, try to play by the rules, try to do everything right, according to their morality, and their sense of ethics, and their right and wrong. megyn: so are the folks who are part of this silent majority about to rise up as rush predicted? we'll take a closer look at that in our next hour right here. new questions about safety in the sky as we learn president obama's 2013 budget will slash funding to train and armed

pilots on planes. that would cut what some are calling a last line of defense against would be terrorists. catherine herridge has more live in washington. >> reporter: thank you, megyn, good afternoon. homeland security officials argue that they use a multibraced approach to security with redundancies built into the system. there is 100% screening of all passengers and cargo, reinforced cockpit doors and intelligence data on passengers. this is part of the intelligence based approach which focuses on high-risk attacks with the greatest consequence. homeland security secretary recently testifying in favor of these cuts to the federal flight deck officer's program, it's also known as the ffdo. >> i think the reduction for the federal flight deck officer program is predicated on the fact that the program is not risk based, and you will have an ffdo just, you know, whether somebody is on a flight or not,

and we are moving in the tsa to risk-based systems and those are the ones we'll put money into. >> reporter: there is strong opposition 4 morning at the heritage foundation, a conservative think tank in washington. panelis argued gwynn a budget cut of 50% at one point suggesting this white house believes terrorism is a thing of the past. >> the obama administration has had an institutional hostility towards the concept of arming pilots, and spefg th specifically the ffdo program since the beginning. >> reporter: they say it provides a safety net at a reasonable price costing less than checking your suitcase. >> according to estimates ffdo's only cost $15 per flight segment. let me say that again. to protect an aircraft, to protect possibly the potential of thousands of people, the federal flight deck officer

costs $15 per flight. >> reporter: and the congressman told panelists that there are about a hundred thousand of the flights a month, and about -- they cost 1.5 million, sorry over the course of the year. supporters of the program also say it's quite a good deterrent because someone who wants to take over the aircraft doesn't know if there are federal air marshals on board or whether there is a weapon in the cockpit as well, megyn. megyn: thank you. one of the two plaintiffs appearing at the u.s. supreme court challenging the healthcare law on monday is the national federation of independent business. this group with serious concerns about the impact of this law on america's job creators. they'll be there arguing in front of the justices next week. they'll be here right after the break be, and i'll ask them about new reports about this law, and its affect on the unemployment crisis. plus, forget the gold rush, america is currently experiencing a gun rush. one top firearm manufacturer is

actually suspending orders because it cannot keep up. we'll tell you the reason why soaring sales. and a celebration for a boy's basketball team in wisconsin's state capitol turns into what looks like a progovernor scott walker rally. apparently that did not sit well with union members, however, and wait until you hear what some are reportedly doing to target these students. i habe a cohd. i toog nyguil bud i'm stild stubbed up. [ male announcer ] truth is, nyquil doesn't un-stuff your nose. really? [ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth!

megyn: one of the big plaintiffs appearing at the u.s. supreme court on monday to challenge the president's healthcare law is the national federation of independent business. that is the group worried about the impact this law will have on america's real job creators. karen harnett is executive director of the small business legal center at the national federation of independent business and a plaintiff in this case against the healthcare law and professor randy barnett is

legal counsel for the federation. you have the weather of and the lawyer here challenging this law. and this is a huge week for you next week, a huge week for you as you try to get this law struck down. let me start with you, karen. in terms our viewers can understand, why do you think this law will be so harmful to businesses? >> right, well it's two fold. first of all we've got congress for the first time selling small business owners and indeed all americans across this country, you must go and buy this product and take your precious hard earned dollars, especially for small business owners, you can't put that into your business, no-no you need to buy this health insurance policy that you may or may not need or want. megyn: randy, the government has said it can do this because if they don't force karen to do that then her employees are good to get sick, go to the emergency room and those of us who are covered are going to have to pay for them any way. >> if that's what this law was really about, then they would have hapb dated catastrophic coverage. that's what what they did.

they are trying to take the money out of young and healthy americans and put it in the pockets of insurance companies for regulations that congress is imposing on insurance companies. it was part of the deal they made to get the insurance company's support for the bill. megyn: how as a practical matter does the stop businesses from hiring? >> right now the people i represent do not know how much it's going to cost for them to have health insurance for their families, much less their employees. it's not just about having health insurance. it's the kind you have. as randy alluded to they didn't mandate catastrophic coverage, they made that illegal. you have to plans that have all the bells and whistles. you have to have cadillac plans and many of our members just want the kia. megyn: there are businesses out there that have 46, 47 employees, there are reports they are not going to higher the extra three or four staff because that puts them over the

top when it comes to the president's healthcare law, you have to have 50 employees and they don't want 50. that's one way in which that could affect real hiring. >> that's the problem when you start interfering in the market with these sorts of interventions. we have a bigger constitutional question here and that is whether the congress has the power to force every american to do business with a private company just because congress thinks it's convenient to their regulation of interstate commerce. megyn: they say you sitting on your couch, you're eventually going to go into the emergency room. don't suggest you'll never go see a doctor, you are if you don't have insurance soupb will pay for it. >> we eventually are going to die and they don't mandate that we have life insurance ol policies. we are eventually going to do a lot of things. the question is can they make us do things in advance of our deciding to do it? this will be a new power, a power nevada they've never exercised before. if they are allowed to do it this time then it's katie bar the door next time. megyn: according to the businesses that you represent is it a couple of thousand?

how much can an employer bank on per employee if it has to comply with the president's healthcare law? >> right, i guess that is the penalty, if they choose or they can't afford to provide that coverage to their employee. megyn: 2 or 3 grand per employee. >> yes. of course if they do provide coverage that is many more thousand dollars that we'll be providing to each employee in benefits. megyn: the argument that some have made is those big, bad employers they are not doing the right thing, and if they would have just done the right thing and provided health insurance, which many people view is a basic human right they wouldn't have to deal with uncle sam trying to shove this bill down their throats to make them do the right thing. how do you respond to that, karen? >> well, here is the deal, small business owners want to provide health insurance, that gives them the ability to attract employees that they want to hire. it also helps them take care of their quote unquote family, that's how they view the employees that work for them. but you know what, cost has been their number one issue. this law does not impact costs, if anything it makes costs for

health insurance that small business owners buy go up. we are already seeing unprecedented premium increases in that market. the law does not do what small business owners have been asking for for decades, reduce the cost of health insurance so they can provide it to their employees. megyn: randy i need a quick answer on this and i know how you want it to come out next week of course but handicap it for us. it is likely to be four conservatives versus four liberals with justice kennedy the determinative vote? >> i can't give you a prediction. i think we are making strong arguments against a law that is very unpopular. and we've got a very good shot to win this case. megyn: wow, all eyes will be on the u.s. supreme court. big week for you next week. we'll be watching. thank you both so much for coming on. sometimes you just need someone to listen, someone famous. we'll tell you about a new service that puts you in touch with real life celebrities and i use that term very loosely, for

a price. plus it's the caught on tape moment that went off like a bomb in the healthcare debate. just ahead, former senator arlen spector talks with us about how this hour you watched live on folk fox, or at least portions of it you did, how it changed his world and the political landscape. [ donovan ] i hit a wall. and i thought "i can't do this, it's just too hard."

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megyn: how much would you pay to chat with octomom, or maybe even lindsay lohan's parents. they are some of the so-called celebrities signing up for a new dial a star service. that means you can pay by the minute to speak one and one with some of hollywood's i don't know

what you call them b-list, c list, trace. >> reporter: we've been trying to get in all morning and put in a bunch of credit card numbers and none of them were accepted. the old saying, don't call us, we'll call you, that is kind of how it works. you put in a time and you have one of these d-listers call you back. look at who you get, right you want to parenting advice? you call lindsay lohan's parents. dina and michael. dina $25 a minute, michael $18 a minute. he's cheaper because he's probably going to sell you something during the call. you know you want cheaper parenting advice, octomom, she is only $12 a minute. you can talk about how the kids are. you need dating advice? look at the top there, that is one of tiger woods old girlfriends, $20 a minute. dating and advancing advice. tila tequila.

$20 a minute. the list goes on. megyn: i'm worried about society. >> reporter: i didn't recognize the rest of them so i didn't put them on the screen. the woman who owns this is jin a-rod rod. she says i managed several controversial personalities and receive a lot of fan mail requesting to talk to my clients. i created dial a star so the celebs can communicate with their fans and followers. if lindsey or dina or any of them call us back during the next hour, megyn we'll get back to you. megyn: i have some advice to you if that happens, talk quickly. maybe it's half price if you get it in under the minute. trace, thank you. >> reporter: you bet. megyn: really? really? would you pay $12 to talk to octomom for a minute? gun sales are suddenee soaring in other news. one top firearm manufacturer actually suspending orders saying it cannot keep up with them. what is behind the sudden gun rush in america? a new twist in the dui

manslaughter case against florida millionaire john goodwin who adopted his 42-year-old girlfriend in the civil case against him. that didn't have anything to do with shielding assets. this is the criminal case. the jurors have gone to deliberate after closing arguments. they have asked to hear the 911 calls from the night of the deadly car crash. we've got the calls they wanted to hear, we'll play them for you and discuss it in "kelly's court." and the town hall that sparked a nation-wide debate over health care. up next former pennsylvania senator arlen specter who lost his job in the wake of this debate talks about how this hour of television changed his world, his political future, and america's political landscape. >> he has a right to leave. he's right. wait a minute. wait a minute. i'd like one of those desserts and some coffee.

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megyn: 1:31 in the east. we are tracking a couple of developing stories for you including a new report on gas prices. mastercard says it's prices have gone up. gas consumption across the u.s. has been declining every week for the past year showing a 3% drop. aaa puts the average price of gas per gallon at $3.89 today. we are hearing that the notorious exx valdez has been sold and it is likely heading for the scrap heap. the tanker was responsible for one of the worst oil spills in u.s. history 23 years ago.

as the president's healthcare law heads to the u.s. supreme court on monday we want to take you back to august 2009. then senator arlen specter held a town hall meting of what he thought were his constituents. what happened is what would become a tied alwave of rising passions on both sides of the healthcare debate. i was anchoring "america's newsroom" at the time along with bill hemmer. craig anthony miller confronted the senator after he was told by someone that he would not have the opportunity to ask a question. here is that moment. and my interview which we taped yesterday with former pennsylvania senator arlen specter. >> you want to be let out of here, you're welcome to go. now wait a minute, now wait a minute, now wait a minute, now wait a minute, wait a minute.

wait a minute. >> i am leaving. i have ever right to to leave. >> wait a minute, wait a minute. >> i've got news for, that you and your cronies in the government do this kind of stuff all the time so -- [applause] >> i don't care -- [applause] >> i'm not a lobbyist with all kind of money to stuff in your pocket so that you can cheat the citizens of this country, so i'll leave, and you can do whatever the hell you please to do. one day god is going to stand before you, and he's going to judge you and the rest of your dam cronies up on the hill. [applause] and [cheering.] >> and then you will get your just desserts. >> bye.

bye. >> i'm leaving. megyn: joining me now former pennsylvania senator, arlen specter. senator, it's great to see you. >> well thank you for the invitation. when he was -- when i said, wait a minute, wait a minute, the guards were trying to restrain him and push him out of the place, and i was saying, wait a minute, let him have his say, and he finally had his say. he brought his fist pretty close to my nose. i skaod m stood my ground and that with us a democracy. megyn: i ask you this respect flee. you know i like you and we're friends. i ask you this respect tphraoefplt do you believe thar. do you believe that town hall was the beginning of the end for you. >> no. it was when i voted for the stimulus in february. i had many disagreements with the republican party and when i voted for the stimulus it

created irreconcilable differences between the republican party and me and i couldn't possibly win a republican primary, wanted to stay in the senate to carry on a lot of appropriate projects like nih funding, and i came back to the democratic party and that was the cause of my defeat in the primary. megyn: when you were in the middle of it, because as i mentioned in the introduction i was there, i was on the air with bill hemmer at the time. we thought we would take a little bit. we saw the confrontation, we said, hey, woe, what is happening, let's take a look. an hour later we watched the whole thing, the rate insurance that day were huge, the debate was just starting to get really, really heated. did you realize at that town hall what was happening? >> i had a pretty good idea. this one had 1200 people. the tea party had been out whipping people up into a frenzy, and the emotion was sky high, and the man who charged me

and shook his fist at me was a part of it. things were very rough, because the healthcare plan, a trillion dollar project that came on top of cap and trade for a trillion and almost a trillion dollar all the stimulus package, and tempers were very, very hot. i thought it was important for a senator to go out and face constituents, tell them what i thought, listen to what they thought and take it from there. megyn: to your credit they did that. there were lawmakers that were not meeting with their constituents. they started having telephonic town halls. you did it. youent out there. whether you liked it or not you went out there. i want to show the viewers more. not everybody was quite as much in your face. let's take a look at the passion -gs you hear passions you heard on this issue. >> i'm a voter, a taxpayer, i

don't like the fact that my elected officials are running around calling me unamerican, a mobste mobster -- [applause] >> i'm sick of the lies. i don't like being lied to. i don't like being lied about. this administration is doing both of these things. i want you, as my senator to go become to washington d.c. and tell those people to do what the president said that i should do, is shut up and get out of the way. >> it's not about left and right, this is about the systematic dismantling of this country. i'm only 35 years old, i have never been interested in politics. you have awakened a sleeping giant. megyn: president obama, do you think the democrats estimate the extent to which those who oppose this law really, really opposed

it? >> i think that it was inevitable that the passions westbound ver would be very high, and this was a kindling point. but people do feel very, very strongly. i hadn't called anybody unamerican, i hadn't disparaged anyone. i had an open meeting and was willing to listen to them and to give a response. and i think tempers have cooled off a lot now, the case is in court and we'll have a decision as to whether it's constitutional. megyn: yeah, the polls are still showing the latest abc news "washington post" polls show that over 50% ever the american public is still against the law and wants it repealed. over 66% of the american public believes that the supreme court should strike it down, at least the individual mandate should be struck down. do you believe they will? >> there was a lot of opposition, megyn, to social security when it was passed,

medicaid and medicare, and in that town meeting people who objected, i said you want to give up medicare and medicaid and veteran's benefits, and they didn't. do you think it will be struck down? right now you have an ideologically divided court. when we talk about constitutional law the court is rewriting it all the time as they did in citizens united overturning precedents and a hundred years of established law. the conventional wisdom is that it will be 5-4 against. but who knows. justice kennedy is a swing voter, and perhaps it will be upheld. i'd say the conventional wisdom is against it on ideological grounds, not constitutional grounds. there is a very strong basis for congress' authority under the commerce clause to do exactly what congress did. megyn: you've been making that argument for years about the commerce clause not just in

connection with healthcare. i want to ask you one final thing, there is a report out from the hill that suggests that you have now said publicly that president obama abandoned you in the last days of your primary fight, you turned democrat and you needed his help to get that nomination, you lost it and then the democrat lost in the general election. he abandoned you in those final days. notwithstanding the fact that you stood behind him on healthcare and on stimulus, is that true? >> megyn, the facts have been out there for a longtime. the president made a commitment to support me, urged me to become a democrat, urged me to support the stimulus package, and when the campaign came he didn't show up. i didn't draw any conclusions or use any words like abandoned, but i have stated the facts. megyn: i know you're practicing law now. you refuse to retire. no regs on your laurels for you. i know you're teaching classes and practicing law, good for you

senator, it's great to see you again. >> regs on my laurels? i don't have any laurels to rest on. i have to keep working. megyn: oh, sure, he's got nothing. google, just google, you'll see. senator, all the best to you. >> great talking, megyn, thank you. megyn: thank you, sir. fox news alert on a verdict in a case we mentioned about ten minutes ago. the jury has reached a decision in the dui manslaughter trial of john good man, a wealthy palm peach florida executive accused of hitting and killing a pedestrian with his bentley. here is the judge in the west palm beach case let's listen. >> refer to the jury foreperson as juror number 1. >> in the circuit court of the 15th judicial circuit criminal division in and for palm beach family florida. state of florida versus john good man, defendant. verdict, we the jury find as follows: as to count one we find the defendant guilty of dui

manslaughter and failure to render aid as charged in the information. as to count 2 we find the defendant guilty of vehicular homicide failure to render aid information as charged in the information. so say we all this 23rd day of march, 2012, in west palm beach, palm beach city florida. signed jury foreperson, juror number one. >> ladies and gentlemen we have a procedure called polling the jury. it is to make sure that not only is this your verdict as a group but individually as well. i'll ask the clerk to ask each one of you the following question, juror number whatever, was the jury as read your verdict. if it was you'll say yes, and if it wasn't you'll say no and we'll just go with one, two, three -- megyn: the jury has found john good man guilty of dui manslaughter and that folks is a first-degree felony which could potentially send him to jail for 30 years. this was a hard fought case with a famed defense attorney roy

black representing the defendant, john good man who is a man of means and one night was alleged to have got even drunk, got even behind the wheel of his bentley, and taken the life of another man. he left the scene. he went into a woman's home. he made a phone call that the jury heard all about. he claimed, as hess defense that he wasn't drunk when he hit this man, this young man whose life was taken, but that he drank after he entered that woman's home because he was in pain from the accident, and that's when he became drunk. the jury clearly not buying it. we are going to have much more on this in just a little bit right here as "kelly's court" takes up the final evidence that the jury listened to that apparently put them over the edge toward a guilty verdict. keep it right here. we have much more right after the break. we are going to talk about the rising surge in gun sales in this country. why? stay with me.

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megyn: forget the gold rush, there is apparently a gun rush on in america. gun sales have recently surged. some say one reason is fears that an obama re-election could usher in a new era of gun control regulations. that's what the nra claims. and people are so worried a top firearm manufacturer is actually suspending new firearm orders because they say they cannot keep up. and get this. the company has sold more than one million guns the first quarter of this year, that is nearly the same number of firearms sold in all of last year. joining me now, larry pratt the executive director of gun owners of america, and not just larry, stand by, hold on a second, john halinko. i'm sorry. your name with us not in the prompter, we haven't met before i apologize to you for that.

>> no problem. megyn: let me start with you, larry what explains this. >> it is building on what has already been there. we saw before the last election of the president that fears of what he might do, of his known antigun views were driving people to the gun stores and the gun shows and sales have actually remained high since then, and the spike that you're correctly pointing to now is on top of that steady, high drumbeat of sales. i saw it personally with my own eyes last weekend. megyn: why? what is behind it exactly? >> people have seen the president make appointments without senate confirmation. he determines when they are in session or not when the constitution clearly says that the senate makes its own rules. and so when you see this kind of lawless behavior on the part of the president, willing to violate the constitution, well, my second amendment is probably going to be in the sights of this fellow pretty soon too he's

done some things to assure us that he wants to restrict guns by banning importation of 800 rifles from korea, old rifles but nonetheless and shotguns that had features amazingly similar to the clinton gun ban. we see the handwriting on the wall. megyn: has the president been anti-second amendment? >> not at all. we hear this again and again and hawaiian. this increases gun sales. we hear the story again and again, he's coming to take your guns, it's nonsense. what has been done? what has been done that is different? i mean they point to this evidence and yet congress continue even enact a ban on, you know, gun clips, you know of 20, 30, you know bullets a piece. we haven't even gone to reasonable restrictions on gun ownership let alone unreasonable.

megyn: you know, larry the spike has been considerable, this one manufacturer saying they have to shut down sales. they say this a large number of those buying the guns are women. is that women are buying guns in record numbers. why? >> well, i think women realize that 9/11 doesn't really help much if you're being attacked, and a good response time for the police is six minutes, that's just not going to work well, and so they've come to the conclusion that they need to be able to protect themselves, just as men have for a longtime realized that that is important. and i saw a lot of women at the gun shows too by the way to confirm what you're saying. megyn: john, the nra has come out and said that the president's gun strategy is crystal clear, he wants to get reelected and with no more elections to worry about get busy dismantling and destroying the firearms freedom. i want to ask you whether you believe that is true and whether others should believe it is true right after this break. don't go away. we'll be right back.

megyn: i wanted to get your reaction to the nra prediction that if president obama gets reelected with no constraints of another election he's going to, quote, erase the second amendment. >> you know, i'm going to make a prediction that the nra will continue to spout this none ses. the nra long ago seized to be a reasonable defender of gun rights and is beholding to the gun industry. they are coming up with nonsense, these imaginary -- how is he going to erase the second amendment? what kind of none ses is that? the reason they do that is they know when they stoke the fears their membership increases, gun sales increase. it's very clear what they are doing. the problem is it happens to be utter nonsense. megyn: larry, the president -- what exactly could he do? he'd have to get it through congress. he doesn't have an antigun congress. >> the president made a play,

and he's covering it up now in the fast and furious scandal, which was designed as we know from email that have been leaked into the congressional record to change the optics on the gun control debate, giving guns into the hands of the mexican cartel, some 300 mexicans have now been killed, a couple of our federal agents. they wanted to have a basis to say, our bad, all our guns are going down into mexico and causing the problem, when in fact the government itself was out of control, and if they'll do that now before the election, who can imagine what they might try after the election if they were successful getting reelected. megyn: guns have been under attack i guess for lack of a better term in the wake of the trayvon martin murder down in florida, where the stand your ground law was used as an excuse by the police for not arresting his shooter. do they have their focus on the right thing? i mean should this shut guns back into the national debate, quick answers, first larry, then

john. >> i think the law has seemed to have worked the way it's supposed to. there were witnesses that saw trayvon on top of zimmerman flaying away with him beating him up with his fists. it has not been depicted widely that that was the nature of the altercation. megyn: i hadn't heard those witness. i heard he had a bloody nose and grass on his back. >> when the police got there, and they heard from those witnesses, i'm sure that was part of the basis of their decision. megyn: i'll give you the last word on it. >> i think we need to put gun controlling back into the national debate. over a million americans have been killed by guns. i'm old but not that old. we need sensible gun control, restriction has we can all agree, except for the nra and the gun lobby that would be sensible. megyn: gentlemen, thank you so much. we will look at the anger that is growing after stony brook university decides to start scheduling classes on major religious holidays. are we about to hear from america's silent majority?

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>> instead of taking a risk for an etch-a-sketch candidate for the future. megyn: joining us is chris

stirewalt. this is turning into a big deal. >> it's what happens when you are trying to stay in the news. rick santorum needs a big win in louisiana, and like we all do whether you are playing baseball or golf when you swing too hard, sometimes you miss. megyn: this got started because romney's campaign advisor talked about an etch-a-sketch in terms of his candidate romney. what rick santorum did that you say is the political liability is to suggest that he mitt romney is less electable than barack obama or equal to barack obama when it comes to electability. >> a couple weeks ago he was on

msnbc. he said there was little difference between obama and romney. that was taking it pretty far. he took it the next step saying america might be better off if obama remained in office rather than replacing him with this etch-a-sketch rom any. they don't like the idea of having one of their contenders not being a good replacement for the others. santorum tried to walk it back and said he would never vote for barack obama. but he's having a hard time staying positive, staying focused and cheerful as newt gingrich would say on the campaign trail and it's starting to show. megyn: the statement rick santorum put out days very long. he writes, i would never vote

for barack obama over any republican. to suggest otherwise is preposterous. this is an attempt by the romney campaign to distract the media and voters. newt gingrich has weighed in on this, chris. and said as follows. >> we'll go onto the next place and try to get delegates. >> [inaudible] >> we don't know what's going to happen tomorrow yet. i think senator santorum's mistake last night will prove expensive. i think the etch-a-sketch is not

helping him. we won two straw polls by huge margins in the state and i'm cheerful about going forward. megyn: senator santorum's mistake is expensive. >> it is expensive for him and unfortunately for santorum it happens right before one of his last best chances to pick up a win. louisiana, looking good. he's still likely to win. but if republicans are put off by this and that means some votes go to begin give or romney that might have gone to santorum that will be fewer delegates he can take out of there. megyn: is it any shock rick santorum doesn't want mitt romney to win and he's trying to convince the american people he's a better candidate? the rhetoric got dialed up. he might be worse than barack obama.

really? are republicans going to hold that against rick santorum? >> their greatest concern about this nominating process, the longest in the modern era in many ways, dating back to 1976. this concerns republicans because they think it will make them broken and less able to defeat barack obama. hearing it put into words like that about it second place candidate in the race is disconcerting for republicans who have that fear. megyn: chris, thank you. we'll tell our viewers our own neil cavuto will speak with rick santorum. your world * with neil cavuto is something you should not miss. the santorum campaign concerned about this. they are talking about whether this is a real error by santorum.

which was initially a blunder by the romney campaign, has he made it his own blunder. disturbing new details on operation fast and furious raising questions about whether the justice department's defense of this program is crumbling. the botched gun running sting linked to the murder of border agent brian terry. we learned the feds allowed two suspects at the center of the investigation to walk free. one of them released not once, but twice. william lajeunesse has the latest developments. >> reporter: it shows agents had probable cause to arrest two of them 8 months before but they did not. when you are buying gun buyers have to swear the gun is for

themselves, not someone else. otherwise the purchase is illegal. in march 2010 he claimed they were for himself. but two days later his guns showed up in the car of the ring leader of the operation showing patino wasn't buying for himself. he wasn't arrested for lying or trafficking. the atf aloud him to buy another 300 assault what he ponss for acosta. police stopped him with the guns and cell phones in his car and till they let him go. >> if you found somebody carrying a massive number of guns across the border that you didn't have reason to arrest them? that just doesn't hold water as far as i'm concerned. that doesn't meet the laugh

test. >> these damaging documents were not handing over voluntarily about it just its department, they were leaked by an insider which is why some on the hill suggest justice is withholding documents and hiding something. that's why you hear about possible contempt charges against the attorney general. there are 100 members of congress, all republicans, saying they have no confidence in the attorney general. megyn: the obama administration breaking out the checkbook for egypt, resuming military aid that totals $1.3 billion a year after cairo let sam lahood and others leave the country. some observers are asking is the money really aid or is it ransom. our chief washington correspondent james rosen is live in d.c.

>> reporter: egypt remains have much a country in turmoil. demonstrations held there last week saw hundreds turn out to protest the military rulers after a military court freed a doctor who was accused of mistreating female. some of the military hardware manufactured in pennsylvania and florida -- quote, egypt has made significant progress towards democracy in the last 15 months. the transer of legislative authority and a day to announce complete transfor of legislative authority. but shed ad the transition to

democracy is not complete. if you have been watching her statement at the state department, she told reporters america's relationship with the egyptian military has benefited washington. >> it enabled us to have influence at a time when the military is undergirding this transaction until it can get to a place where we can have a handoff to an elected government. >> reporter: the democrat whose legislation put conditions on aid. he added secretary clinton can make only some of the $1.3 billion available if she so chooses. megyn: stoneybrook university has decide to schedule class on

ridge holidays. two years ago president obama signed the hks bill into law. -- the healthcare bill into law. >> we don't want to be europe. this is the united states of america. don't tell us we have to take healthcare. don't tell me as a hoosier in indiana that i have to do what they want in the beltway because it doesn't work. oooh, what's her secret? [ male announcer ] dawn hand renewal with olay beauty. improves the look and feel of hands in just five uses. [ sponge ] soft, smooth... fabulous! [ male announcer ] dawn do. [ sponge ] so it's not a chore.

megyn: new reaction to the controversy over a college's decision to start scheduling classes on major religious holidays. last hour we told you how new york's stoneybrook university claims the change is meant to show respect for all faiths. the fallout reaching far beyond

the school's campus. rush limbaugh says he seize his as just one of the issues fueling a growing sense that some american values are under attack. >> the silent majority are the people who get up and go to work, try to play by the rules, try to do everything right according to their morality and their sense of right and wrong and their ethics. my gut instinct about the silent majority is it's about to explode. it's about had enough. a lot of small incremental things have happened over 20-30 years. but now with obama those small incremental things are becoming bigger. and more impactful with each instance. megyn: joining me to discuss it, alan colmes and mike gallagher. alan, you take it from the left.

>> i like mike's no tie look. i don't know why we take limbaugh so seriously given all the number of things he said that are so crazy. to try to tie obama to the tony tony -- to the stoney brook thing makes no sense. what limbaugh does is put down liberals for three hours. that's what he does every single day. megyn: just because you don't like rush, just because you don't like what he says doesn't mean what he says is untrue. >> it's not true or false, it's an opinion. megyn: the question is whether he's on to something. >> frankly both alan and i have been in the talk radio trenches for many many years. me longer than alan but i don't hold that against him.

we both know the industry well and we owe rush a debt of gratitude for what he has done for our industry. the reason he's taken seriously -- megyn: rush limbaugh and howard stern. they get more money than anybody. >> and we all express opinions and rush has had phenomenal success. of course he's right. i talk to people every day who are on the verge of saying i have had enough. how ridiculous that a college will make kids attend school on a religious holiday. how ridiculous we have a president patronizing these racially motivated crowds. people are fed up, they are tired, they are sick of it and rush has never been more right. i think the silent majority is about to explode. >> i do give rush a lot of credit for expanding the talk

show universe. there is a business out there because of what rush limbaugh did and he's a great entertainer, but that's what it is. it's entertainment. i think sometimes people take this stuff too seriously. if we say something he says is emblematic of something. megyn: might this be true, that there is -- i get emails from viewers talking about how they feel. the more we kick god out of the public square the more we see events like random shootings and more school violence. let me give you another rush clip. he was talking about the stony brook thing in more detail. >> this is the kind of story that's going to cause an eruption in the silent majority. the silent majority made up of jissans and jews alike are not doing anything to destroy this

country. they are not doing one thing to hairmt, yet they are sitting around watching the destruction take place around them. then they hear that because they are a majority, that their very existence makes life unfair for others so we are going to take away your holiday. we are going to take away your tradition. >> nobody is taking away anybody's holiday or stopping anybody from worshiping the way they choose. that's typical right-wing rhetoric he used to rev up his base. >> to make college kids go to school on a religious holiday so you are not offending a religious minority offends the majority. but alan, i have got to go back to your dismissal of rush as just an entertainer. are you just an entertainer? >> i have opinions. but they are opinions.

i'm not saying i'm speaking the truth, i talk from on high. i'm more of an entertainer. mike, you do the same thing i do. >> i'm serious, though. >> i'm serious, too. i believe what i believe. our role is to get ratings and revenue for our advertisers. >> so does rush. megyn: thank you, guys. always fun talking to them. we just got a guilty verdict a half-hour ago in the trial of the florida millionaire accused of drunk driving and kill something one. the jury deliberating for just over five hours. what was the final push that got them to the guilty verdict? we think we may know. a celebration for a boy's basketball team turns into what looks like a pro governor scott walker rally. apparently that did not sit well with some union members.

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megyn: a high school basketball team visits the wisconsin statehouse to celebrate their trip to the playoffs. but when they rain to some pro union demonstrators in the rotunda, this is what happened. apparently not everybody was happy about that and there are reports of serious retaliation. trace gallagher, i don't fully understand. >> reporter: you can see the students around the top. all told there were 300 students. the reason they came there was to support their basketball team. and basically they say this is a

pep rally at the capitol. these are the students in the yellow shirts all the way around. a pep rally at capitol. below there were some protesters and they were protesting against governor scott walker. when the students came in contact with the protesters. you are seeing what happened. let me play you a little bit of the natural sound. first the protesters followed by the students. they are saying this was a pep rally. then the school started getting threats from people who identified themselves as union members. we talked to the principal a short time ago. he described some of the threats they are getting.

>> a virus is going to come and crawl over your building. the fundamentalists, you guys are the new cause. that's what i heard from my voicemail. how can you support such an evil person as scott walker. >> reporter: one student said this was nothing more than an episode of school spirit that coincidentally went political. they are reminding these union members these are high school students they are making threats against. megyn: how do the union members see a bunch of high school students and start shouting at them. >> reporter: the protests have been going on forever. the protesters are down there on a daily basis. the students walk in. they seat protesters and they started shouting at the

protesters trying to drown them out doing a pro walker chant versus their anti-walker chant. megyn: that makes more sense. megyn: the mystery shake up wisconsin. the explosions causing houses to snack it scientists have gotten to to the bottom of it. in three minutes we'll hear from our focus group. don't miss this one. >> here is the problem. you didn't need obama-care to fix the problems discussed in obama's ad. if this thing were popular and these talking points actually worked he would be having a birthday celebration today. e. the freedom you can only get from hertz to keep the car you reserved or simply choose another.

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megyn: two years ago today president obama signed his signature healthcare bill into law. the white house today not marking the occasion with candles or big celebration. instead it's releasing this ad. >> we have got people who were getting what raw deal from their insurance companies. >> more insurance companies are putting a lifetime cap on insurance benefits. >> the friday before i was supposed to have my double

mastectomy i got a letter, they canceled my insurance. >> they kept saying it's preexisting, but i don't know how it can be preexisting on a baby that was just born. >> it's a heartbreak. >> it cost my mother's death. >> i was not going to allow another decade pass by where we kicked the can down the road because it was politically convenient to do. megyn: two years later and the law is still politically explosive. the house voted to kill a key part of that law and the supreme court is set to hear arguments monday over the course of three days whether the federal mandate is constitutional. a republican group releasing this ad. >> how you doing, sam? this is not good, sam. >> liberals in congress put

government bureaucrats twin and your doctor. >> i want you to lie down for me. >> liberals in congress promise is to lower healthcare costs but obama-care increases costs and sticks taxpayers with a staggering $1.7 trillion bill. while the economy struggles, obama-care raises taxes on small businesses and costs america 800,000 jobs. megyn: what do average americans think two years after the lay was passed. let's bring in our focus panel. a mixed group of democrats and republicans. i thought that ad by the president was pretty powerful and well done. for those of how do not like this law and have not liked this law, did it soften you at all? >> no. >> no.

>> at its core this thing is no more popular today than it was two years ago when it passed. it has a process problem. rammed through the congress the middle of the night, passed by members who had not read the bill. megyn: when you see the baby there and the father talking about preexisting conditions. >> we still took over 1/6 of the u.s. economy to fix a problem affecting 10% of the population. obama had no mandate to do what he did. >> i oppose obama-care but that spot is effective because it does talk to people's hearts. it's hard to go against the narrative. i run a media company. it's hard to go against a story playing out but. in those two ads president obama wins the messaging if they are played back to back. >> i support the law but i think it's a lousy commercial. i think it's poorly scripted and

he's using cheap tricks. i wonder why as a country we are not saying what's broken about the entire system, the entire medical system this country doesn't work. that's the problem. megyn: just take what's in the ad, the baby being denied coverage because of a preexisting condition. >> i don't think we should have politicians revamping the medical industry. we should have doctors and people who are healthcare providers figure out how to do this. when said the doctor back in the 60s and 70s, it didn't cost anything. and you didn't have the lawsuits that have driving up the cost of healthcare. megyn: when this debate got started the republicans said we do have a plan. we'll subsidize and help needy

families make the bills. we just have and different approach. nonetheless, the democrats passed the bill, as jay put it, rammed it through. and there was a lot of anger about the what it was done. no republican votes. >> i think when senator kennedy got sick, the obama administration decide it was going to be a partisan vote and they rammed it through. they did not make any effort to make it bipartisan. and that's exactly what happened. so even the democrats had to go home to these town halls. one of the things about obama being a nars sift, he's great on the campaign with charm. but he lacks empathy for the american people still dealing with no jobs. megyn: healthcare is so personal for people. it's one thing when you have a government jumping into your

lives and helping -- taxing you. but healthcare is so personal. which is why we saw even a lot of democrats say, i don't know, hold on about this law. what do you think? >> i think the ad is important because it touches the personal stories. megyn: how do you feel about the healthcare law today? >> the individual mandate is the question before the u.s. supreme court because that was a conservative idea in the first place. >> no it wasn't. it may have been in romney care. >> i'm talking about orrin hatch in the 90s. megyn: i feel like -- you tell me whether i'm wrong. there is lingering anger. there were no republican votes. the polls in america showed the american people were against it. they were always a majority against it and it has grown over time. almost 40 democrats who voted for it got kicked out because of

their votes. the american people still don't support it. can we have a law stand like that? can it be accepted by the american people under those circumstances two years later? >> i think it can. 86.5 million people were covered as result of this law. this law begins to push back against the unbridled attack on women's health. 20 million women were screened for things like breast cancer and bone density, perhaps saving tens of thousands of lives. it ended preexisting for everyone. including being pregnant,ing about the victim of domestic abuse it also ends the lifetime cap on healthcare coverage. if you are running the risk of losing a spouse you don't have to lose your house. you don't have to decide between caring for the rest of your family and caring for that child. megyn: hearing all of that -- a

lot of people support and like hearing those things. who wants to be denied coverage because you have a preexisting condition. that's when you knead coverage. but still people don't think this is the solution. why not. >> don't tell us we have to take healthcare. don't tell me as a hooser in indiana that i have to do what they want in the beltway. governor daniels knows more what's good for indiana and governor christie knows more what's good for new jersey. my attorney general is going up next week to say get out of our state, don't ram this down our throats. megyn: the president is not marking the anniversary in anyway. they are send out a public policied a advisor on twitter. >> there is nothing wrong with that because they are personal stories. these are personal individual stories. that's what's going to sell,

even if there is a concern by administration that the president might not be the right messenger, the message is still significant. those are very representative of the people in this country. i teach sat two universities. and going to bernard's point in terms of the benefits of this bill, there are young people there that get extra coverage because of this bill. megyn: a lot of people like what they saw in that ad. but who paid for it and at what cost? >> there is a piece here that's missing. the opening question is wassed the ad effective.

ultimate issue is will the program be effective. as we looked at different studies and outcomes of what will happen when you project basic economic on it it goes bankrupt quickly. >> you didn't need obama-care to fix the problems that were discussed in obama's ad. if this thing were popular and these talking points we have heard for two years had actually worked he would be having a birthday party today. >> i have run a small business and health insurance has gone down. i get tax credits for giving health insurance. i run a small business. >> they are going to have to go

back and the supreme court will make it come back again and bring the anger again. all the benefits are great. the administration is very smart. we'll have you pay for it down the road. other part of this that no one is worried about. once the government is going to start taking care of everything, they will tell you how to prevent certain things. we don't want you drinking soda. you weigh too much. you want government intrusion, you will get government intrusion. megyn: that's how they have been ending lately. they just keep going and going. it's still a hot button issue and we still are interested in how you feel about it. let me know, follow me on twitter at megyn kelly. it was a guilty verdict in the

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megyn: court is back in session. on the docket today, guilty on all counts. a verdict was reached in the dui manslaughter trial of a florida tycoon. >> verdict, we the jury find as follows. as to count one we find the defendant guilty of d.u.i. manslaughter and failure to render age as charged in the information. megyn: guilty. prosecutors argue that the millionaire was drunk when his bent think collide with another car sending that other car into a canal killing a driver, 23-year-old scott wilson who drowned. he wasn't killed about it car

impact. he was killed by drowning and the defendant has left the scene. he unexpectedly took the expand in his own defense insisting he was not drunk when the accident happened but only drank afterwards. for the pain caused by the accident. deliberations lasts 5 1/2 hours. so what was the evidence that put the jury over the edge to a guilty verdict? we think we know. joining me now, kimberley guilfoyle who is cohost of the 5, and fox news analyst lis weihl. what did the jury want to hear this morning. >> the 911 tape. when you heard that was the readback they wanted, that can give you insight into the jury's mind. the jury might have been split. when they heard that call they were looking to see if there was an inconsistency between what that man said on the stand and what he said after the

incidents. no mention of there being a defect in the car. megyn: this is the longest 911 call. his theory sat trial was my bentley malfunctioned. the brake malfunctioned. listen to the 911 call. >> where are you right now? >> that was on 120 th.

>> that was his main defense sat trial. those jurors wanted to hear what he said. it wasn't just a couple drinks. he admitted on the stand he had four cocktails that night. four is more like 8 or 10. that's what they will admit to. the jury saw right through that defense. megyn: i didn't see the car doesn't sound consistent with my brakes malfunctioned. >> the jury receives an

instruction concerning a prior inconsistent statement. in this case the defendant did take it stand so you are able to front him. i thought it was the bentley gone bad. now you are telling us you didn't see the car. also the failure to report. leaving the scene and a jury, the fact that that young man could have survived. megyn: the evidence was that boy drowned. goodman's car hit his car, scott wilson's car into a canal. if he tried to help him rather than running this kid could be alive today. that the prosecution's theory. there was a powerful closing tarmt by the prosecution. we'll play that sound byte for the you'res after this break, don't go away.

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>> if the defendant had rendered aid, scott wilson would have lived. he had superficial injuries when he went into that canal an drowned. the defendant was impaired, the defendant was speeding, the defendant ran a stop sign, the defendant probably unintentionally had too much to drink that night. megyn: kimberly i heard someone say the definition of a tragedy is the difference between what is and what might have been. a tragic accident might not have been deadly if that defendant had not left the scene. >> he exercise poor judgment. the prosecution has consistently said this is not a bad person,

did he do something wrong. he has tried to make amend. megyn: it was great when he adopted his girlfriend in the civil case. >> he did apologize to the family. he did pay them. he didn't try to argue to compensate them for something you could never pay back. if you are looking at 30 years, there isn't a shot or chance he will get that. megyn: that's two separate questions. a good guy because he paid out in a civil case? >> no, not a good guy. horrible guy. he paid out in a civil case because he wanted to get a lesser sentence. he should get 30 years. he left that man to die. if he had stayed there and helped him out -- megyn: he panicked. he hit a guy, the car went into the canal an was panicked. >> then you pay the price.

that price is 30 years. that young man is dead. megyn: do you believe this, i drank after the fact? >> there were five independent witnesses that came forward to say they saw him drink one drink. the bartender is the only one who said he thought he was making those drinks for the defendant but did not actually see him con assignment. five separate witnesses unoath facing -- under oath facing perjury charges if they lie. you don't get maxed out for 30 years for this kind of case. he had prior duis. megyn: we'll be right back. people with a machine. what ? customers didn't like it.

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