gallop has now released its first general election poll on the presumed head-to-head match up between president obama and governor mitt romney. welcome to "america live," everyone, i'm megyn kelly. this gallop tracking poll will be a key indicator of where the race stands over the next six and a half months or so and it launches with a challenge for the president. if the election were held today more americans say they would vote for the republican challenger mitt romney than they would for president obama, although that is within the margin of error. take a look at the numbers. mitt romney getting 47%, president obama getting 45. but perhaps the bigger story is this. among those crucial independent voters romney enjoys a bigger lead. he's got 45% of their vote now, compared to 39% for president obama. chris stirewalt is our fox news digital politicsed tor politics editor. it's the second number that the

white house and the romney camp will be paying attention to. the horse race number will go up and down, they are within a couple of points. i mean i'll get your perspective on that. that number on the independents shows a considerable swing in romney's favor. why? >> well, you know, the why could be a lot of things. one thing i'll put forward to you today, megyn, is that it is tax day, and that a lot of americans, especially those independents, that are in the middle, because as we've talked about before, independents run the gamut. there are very liberal independents, very conservative independents. the focus, the key group here are the middle class, moderate independents, the persuadable folks in the middle. and our polling over and over again show that americans increasingly think that their tax money isn't being well spent, that it is being wasted. and certainly stuff you see about the gsa and the secret service down in columbia and stuff like that reinforce the

argument, and it's a real good argument for mitt romney and helps them score with the voters that are the key constituents. megyn: do you really think the independents are saying, life will be different if we have a different president? >> no, but what they could be thinking is that the president has argued for a government that can do more, that has more power, more influence, and can do more things in their lives, and given the uncertainty of what's happened with the existing programs that goes to mitt romney's argument, it helps him make his case that what america needs is a government that does less, that spends less, that is smaller and is less invasive. megyn: the independent poll that we showed from gallop shows a considerable distance in mitt romney's favor. we have a fox news poll that shows mitt romney polling ahead by about 6 points. it's still better for romney than it is for president obama but it's a little tighter there. do you know, chris, at what

point do we start paying serious attention to these polls? here we are six and a half months out? i always say to my husband, he likes to watch a basketball game. i always say it doesn't matter until the last two minutes. don't bother watching until the last two minutes because everything can change in that game until the very last part of the game. isn't that true in presidential politics. >> of course it's true in presidential politics. in a re-election year what you tend to see is that attitudes stay fairly fluid. starting about in september when you have an incumbent president attitudes harden and either breaks for the incumbent or against the incumbent. yes that is true. the reason we pay such close attention to the at taoufdz independents, president obama experienced the swing -- democrats let's say experienced a swing of more than 20 points between 2008 and 2010 in those elections in the way independents voted. they are very fluid. it's a different pool of people but the way independents vote is very flute fluid.

what we want to see is are the independents going to continue to break for romney? if they are that means in states like ohio, wisconsin, like florida, that are going tow decidto decide this election romney has a very significant advantage going into those dog days. megyn: chris, thank you. independent voters were key as you heard chris mention in the last two major election cycles. go back to 2008, independents voted for democrats by a 51-43% margin. that helped the democrats win the white house and both houses of congress. but in the 2010 midterms things changed. independents swung their support back to the republicans by 55-39% and that helped the gop win back the house and cut into the democrat's majority in the senate. well some mixed news for you on the economy today. u.s. home builders requesting the most permits for new projects last month since

september of 2008, which was the height of wall street's meltdown. but the actual housing starts actually fell for the same period. economists say the rate for new home building is about half the pace that is considered healthy. factory production fell in march. companies made fewer electronic products and also less steal and other metals, the decline followed three months of strong manufacturing gains. the numbers continue to do this all over the board. breaking developments today in what may be the biggest scandal to rock america's secret service. we are getting reports that agents brought perhaps as many as 21 women to the hotel they were staying at in columbia, ahead of president obama's visit. some of those women were said to be prostitutes, and the secret service agents were reportedly bragging to their guests that they were working for the president. our chief intelligence correspondent catherine herridge has more. >> reporter: a short time ago military officials confirming to fox a number of u.s. service

members now implicated in the secret service sex scandal. seven airman and two dog handlers with the marines are now allegedly involved. the marines were with a bomb disposal unit activate ned columbia. u.s. officials went door to door in this hotel to see who had these alleged prostitutes in their room. also this morning republican senator susan collins whose homeland committee has oversighted the secret service confirmed to fox that she has been briefed by mark sullivan and eleven other agents are involved. 20 or 21 women all foreign nationals were brought to that hotel. today's new information shows the secret service sex scandal which now includes virtually an equal number of military service members is expanding. speaking to reporters monday the defense secretary was blunt. >> whether our forces are in columbia or any other country or here in this country, we expect them to abide by the highest standard of behavior. that is a requirement.

>> reporter: on foreign trips like the one in columbia where the scandal unfolded the military provides transportation support, communicatings and other essential services for the president. we were told these service members have now been sent back to the united states. also worth noting this morning the chairman of the house homeland security committee that also has oversighted the secret service defended director sullivan. >> right now i know there is a very severe investigation going on. i've moan mark sullivan, i have a great regard for him. from what we know so far he acted quickly and promptly and did the right thing. >> reporter: so the take away so far, megyn is that we know this investigation is really expanding. the number of secret service agents, 11. an equal number of members of the military and now the number of women as many as 21, many of them pros futures. megyn: thanks for that catherine. there is few fallout today from comedian and obama donor bill

mars off color remark about mitt romney's wife ann. >> what she meant to say is that ann romney has never gotten her. [bleep] out of the house. megyn: there are calls from the president's superpac to return a huge donation from bill mars. it's a diet for bride's to be. it promises you can lose 20 pounds in 15 days. there is one big hurdle. one of our favorite doctors is here in 15 minutes on this thing. the man accused of helping waste $800,000 in taxpayer money, look at him run on hot dogs and fancy parties is running from the media and refusing to address any concerns. is this just the tip of a mays i have government waste iceberg? he doesn't look so happy now.

search for answers and cutting video just ahead. >> mr. chairman on the advice of counsel i respectfully decline to answer based upon my constitutional fifth amendment privilege. >> on the advice, on the advice, on the advice of counsel i respectfully decline to answer. i respectfully decline to answer, answer, answer, answer -- [rapping] ♪ this is $100,000.

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>> what she meant to say i think was that ann romney has never got even her. [bleep] out of the house to work. no one is denying that being a mother is a tough job. i remember i was a handful. [laughter] >> okay. but, you know, there is a big difference between being a

mother in that tough job and getting our. [bleep] out the door at 7:00am when it's cold, having to deal with a boss, being in a workplace, even if you're unhappy you can't show it for eight hours. that is kind of a different kind of tough thing. megyn: comedian bill mar doubling down on controversial comments made by hilary rosen last week. and cries from a superpac to return mars million dollar donation. we are awaiting a house briefing where the comments could come up. republicans have taken this fight directly to the president's superpac founder, bill burton. remember bill burton he used to be the president's deputy white house press secretary. now he runs the superpac. they tweet out to burton quote, now that mar is on the attack against women again, don't you finally think you have to give the million back? joining me now laura ingram who is a fox news contributor.

thanks so much for being here. they are not letting up on this. the romney senior adviser tweeted out about this. the mar donation. now the rnc is getting in on the act. it seems to be not so much about, you know, bill mar and his million dollars as whether the president is going to standby his call for civility on both sides of the aisle. >> first of all, megyn isn't there some requirement that comedians are actually funny? i think when you introduce the mar clip. i mean you actually have to be funny at some point. i'm still looking for the humor in all of this. as someone who has three small children, all i can say is the weekends are always the most exhausting part of the week for me personally. i don't really get that argument. but, look, i mean, bill mar has been the clearinghouse of left wing and democratic guests on hbo for a longtime now. he's had a pretty successful run at hbo. he's just one of the favs.

i think it's well within the republicans rights to say, okay, well, if he's one of the most talented broadcasters out there, comedian or otherwise, then what about these comments? and is this the way you look at the world as well? they certainly did that with rush limbaugh. for the most part rush doesn't have guests on his show, it's just an opinion show. bill mar, he can make any statement he wants, and he can give us all these great opinions on women, and i guess he's a big expert on women. but what does it all mean? is it going to employ a single woman, help a single-family say together. megyn: it's not so much about bill maher as a comedian on hbo. people can buy that product or reject it if they want to. it's a question whether this campaign needs to give back that million dollars, that he's the biggest donor to that superpac being run by bill burton, the biggest donor.

and you had melody barnes a former white house adviser on abc's sunday show this weekend saying that -- listen to what she said. >> i listened to those comments, and my grandmother's voice came in my head, i thought about the phrase home training, the language, the sentiment are problematic, and the campaign and the president has said, look the civility, it mountainses the way we talk to each other matters, and they will have to make a decision. i saw a day that axelrod in earlier situations when comments about been made by bill maher said i'm not going to go on your show, i'm distancing myself. megyn: he called sarah palin the c word not to mention the dump t word. he referred to our military strategy as cowardly. he doubles down on the comments by hilary rosen that the president so objected to last week, he came out and said they were ill advised and spouses are

off limits. so should he be taking a million dollars from the guy? >> well, i am going to say this. i think that republicans ought to be very careful about going down this road of asking that money be returned and so forth, because if we're going to get into the business of doing a personal opinion check on every big donor to a mitt romney superpac, or mitt romney friendly superpac i don't know where that is going to take us. i bet there are people who donate to republican groups who probably have maybe odd views or maybe the views aren't of the mainstream of conservative thinkers or voters in the united states. look, i think it's very revealing, megyn. i come at this from a different perspective. i'm glad in a way that he said what he said, because i think he's giving voice to what a lot of people on the left think about traditional families, and about moms that stay at home, that they are probably not all that smart, they are not all that engaged and they are not all that relevant.

and he's saying what a lot of people on the left won't say, because maybe they are too smart to say it, or they know there is going to be a firestorm. he doesn't really care so he says it. i think it's very revealing, and it is a bit of a gift to the republican toss hear those words, because people who might not be attuned into this campaign yet are starting to hear what the obama supporters really think about family, and the role of family in the united states. i think that is actually kind of a good thing for us to understand. i'm not really worried about the million dollars. megyn: now there has been a suggestion that the republicans are using this. you said you think it's a gift, and that republicans feel the same, and that they are using it and making it into a bigger controversy. not so much maher, but hilary rosen's comments about ann romney as a democratic war on women to counter what the republicans have been saying is a fake war on women that the democrats say the republicans

are waging. are both of these false narratives? is one? is the other? >> i don't think it's a false narrative. i say it's a gift, it's a gift of knowledge. this is what they believe about women who stay at home. okay. i mean bill maher, as you said doubled down on hilary rosen's comments of last week. i think we have big challenges in this country, megyn. we have massive problems that we better get really serious in addressing and talking about and debating, okay. that's what i think we should be focused on. i think the basic truths that are being obfuscated and we are diverting our attention from while we are getting engaged in are you a legitimate woman staying at home. in the end it's note going t not going to employ one single woman. my point is the basic truths are

women are going to khaeubg choices that work for their families or not. it's up to them to make those choices. bill maher represents a very left-wing sneering point of view towards traditional families and traditional women. we know that, that is established. what barack obama chooses to do with that is his own business and i think the voters are left to decide what the truth is for them. megyn: laura ingram, thank you, ma'am. see you soon. today is tax day. to mark the occasion reuters news services reporting that a record number of americans this year renounced their citizenship. stu varney just ahead on how our tax laws are playing a role in that. we've heard of crazy ways to lose weight, but a feeding tube? we'll speak to a doctor on this advertis disturbing trend right after the break. >> i'm so excited about this program and i believe in it so much that i'm about to take it myself and you will see these outstanding results. what is important is you are not hung rye. it's a hunger-freeway of

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megyn: we are getting reports from north carolina today that former presidential candidate john edwards is keeping his famous hair looking good while saving to cash. he's preparing for his conspiracy trial in north carolina and a reporter spoke with a hairdresser at the raleigh-durham super cuts. they say edwards is their customer now and taking advantage of $12.95 cuts. if edwards is convicted of violating campaign finance laws he may get free hair cuts in prison. well a poe tension ale lee dangerous and disturbing new trend is emerging among bride's to be. now engaging in an extreme new diet that involves inserting feeding tubes through their

noses directly into their stomachs. the ke diet as it's called promises to help you shed about 20 pounds in around ten days, and it's not cheap. up to $1,500 for all ten sessions. how exactly does it work and is it safe? joining me now dr. richard fershing. thank you for being back. you know, people hear about this and they say, great i want to lose 20 pounds in ten days. is that really possible? >> this is a very controversial diet. what this doctor is tkoeugs he's putting a feeding tube through the nose into the stomach and he's delivering about 800 calories a day of nutrition. it consists of protein and fat and it puts the bad into a state of ke ketosis. unfortunately this can lead to a lot of other problems. dehydration, electrolyte loss, and potential problems like kidney stones. megyn: it's totally disgusting.

people are walking around with a tube up their nose as they are being force fed all day long. he says that is key because it prevents hunger. we believe this is the doctor getting the tube himself, this is the doctor on the left getting the tube put into his own nose. is there any -- what does this say to you as a doctor about the mental state of american women in particular, because it's designed for bride's to be, who put themselves through this? >> we clearly are putting women into a very difficult position. we are asking them to fit a certain model, or an ideal that society has and we are putting a lot of pressure, particularly in this case on wedding day for them to look a certain way. the problem when you put someone on a diet like this is that it always leads to a rebound affect and if people aren't trained properly, they don't understand what the risks are they'll end up putting the weight back on and in fact they'll put more fat on than they did to begin with. >> d with. megyn: do you believe the before and after pictures? are you telling me after ten

days that's what happened? i don't believe that. >> no, and i think it's important for people to see that and understand that is not what is going to happen. more likely than not that the individual who goes through the diet probably will end up on the wrong side of the equation afterwards. megyn: you lose water weight. it's not all fat that comes off of you. your body starts too think it's starving. as soon as the feeding tube is gone and you start eating normally on your honeymoon what happens? >> you're going to put more weight on as you did to begin with. with yo-yo dieting and you lose the water and fat you use muscle mass as well. that often returns as more excess weight. what we need to think about is ways for women, men, for society to start to lose weight properly. cut out the calories. cut out the sugars and the sweets. cut out the artificial sweeteners that can cause people to kraeufr sugars and fats.

don't eat late at night. it's important to eat regular portions and meals at certain intervals. snacks during the day. megyn: i think a lot of fiber in your diet is great. if you don't want to be hungry all day try that. it fills you up, some fiber one and your yogurt in the morning. personally i follow the zone and i highly recommend it. doctor, thank you. it's not a diet, it's a way of life. yesterday we saw the man at the middle of a federal spending scandal literally running from the sam ras. and today he refused to show up at all. lawmakers starting to ask, could the fraud and corruption that we are seeing at the general services agency be a bigger issue across more federal agencies? we'll investigate that next. plus, we have breaking news over new tensions between israel and the united states when it comes to iran. just ahead we'll show you what israel defense minister said today about the possibility of an israeli attack on iran. newt gingrich facing a hostile critic at the zoo. wait until you see what happened

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megyn: 1:33 in the east. we are tracking a couple of developing stories for you this hour, including president obama urging congress to pass new measures to crackdown on oil speculation, saying the economy cannot afford a situation where speculators artificially inflate oil prices. and the georgia governor signing a bill requiring parents aeu replying fo applying for welfare to p-s a drug test. opponents are promising lawsuits over the law. two dozen states have proposed similar suits. ryan o'neal says he has sage 2 prostate cancer. his doctors expect him to make a full recovery. some troubling new questions being raised today as congress investigates a government conference that costs taxpayers more than three-quarters of a million dollars. yesterday we saw the man who organized the lavish las vegas conference pleading the fifth in front of lawmakers and literally running from reporters.

but he's not running here. this is a picture of the same man in a hot tub at the conference hotel that surfaced late yesterday. this is the preplanning, this is how happy he was planning the conference. a top republican is asking if the wasteful spending and corruption could extend to other agencies. the white house press secretary was asked that very question just last week. >> how can the white house be sure that there were no other such examples of excessive spending before this was revealed either in that agency or another agency? >> it's a big government so i would hesitate to make any blanket statements. what i can tell you is that on his first day in office president obama made clear that the people who serve in his administration are keepers of the public trust, and that public service is a privilege. megyn: joining me now leslie marshal a syndicated talk show

host and fox news contributor. and lars larsen. a fox news contributor. it's a big government. >> the president is in charge he sets the tone and obviously nobody was listening to him down at gsa. they are all headed off to vegas to have a great time on the taxpayer's dime. it's pretty shameful and sad when members of the most transparent administration in history have to take the fifth in front of congress. megyn: is that really an adequate response from the white house to say, it's really big. we tried to set the right attitude when we took office, it didn't work. not in the gsa at least. shouldn't we have morey assurance about what they are doing to make sure this isn't going on some place other than the gs stpharbgs. >> i don't disagree that there could have been a stronger response, that is not the response i would have given. may i just say, please, top megyn showing that picture of the hot tub, it is just wrong on so many levels. megyn: i know. he's having a grand old time on our dime. it's more disturbing when you

realize we paid for that wine and that bathtub. >> yeah i was talking about the visual there as well. but, lars, i agree with you about how disgusting this wasteful spending is, but i also am disgusted as i was in 2008 when the same agency, when they went to new orleans, louisiana, spent approximately $800,000 under the former administration, and when darrell issa said look, when george w. bush was president i tried to reduce spending within this agency unsuccessfully, and these abuses happened prior to this administration. so whether the president is a democrat or republican, whether it's 2008 or 2012 it is wrong to have such abuses and there should be investigations into every federal agency under every president's watch to make sure this doesn't occur. megyn: is it going to work, lars? we've heard a lot of folks, including the white house point to what happened under the bush administration. we have yet to see the numbers proved out on that. we don't know, the numbers jumped considerably in spending

in the gsa under president bush. we don't know if this was one regional conference as it was here or all of gsa. a former administrator said it was many more people participating, we don't know. my question to you lars is will that work. when you have exchanges like this one that took place yesterday with a democrat from maryland who was talking to mr. nealey, he was talking about one email that he wrote inviting friends to come to the done conference. we'll get you guys a room near us, we'll pick up the room tab. i know i'm bad. could be a blast. why not enjoy it while we have it and why we can. ain't going to last forever. thanks a lot mr. pealey. >> that's the thing, you knew in some way the obama white house would find a way to say it's president bush's fault. every administration should be careful of the public's money. president obama has been in

charge for more than three years. every head of every company out there can set a tone for spending. he can transmit that message down through the ranks and say we won't tolerate it, you are to find it within your agencies and get rid of it. obviously president obama did not. trying to blame the problems on the previous administration i'm not going to accept that from democrats or from republicans. leslie is right if there was over spending during bush it was wrong then. but it's wrong now, and president obama has to explain how it is that he's been one of the biggest spending presidents ever, racked up more deficit in three years than many presidents have in an entire eight-year term and yet he's making excuses saying, well bush was doing it too, or his allies and the folks that carry water for them? that just doesn't cut it. megyn: you have folks, leslie like eleanor holmes horton. the dc ranking democrat on this committee who came out yesterday and said, this system worked as it was intended to work here in this gsa scandal.

the system, it was die signed to uncover the wrongdoing and it worked as intended. they were giving these people bonuses while they were under investigation by the inspector general, that guy nealey is still collecting a six-figure salary that we are paying for and you have eleanor holmes horton saying, the system worked as intended. >> first of all i'm agreeing with larson two or three points today, i'm frightened. secondly, i disagree with that. you know, when you hear that -- for example, i was putting myself in some of these people's shoes and saying, instead what would jesus do, what would leslie do. megyn: you won't be in the hot tub. >> right, right. if somebody is being investigated, and when you look at what they are being investigated for you don't say, hey i'm going to give a bonus, i'm going to give a raise, hey i'm going to reward that behavior. i'm real old fashioned in this way. i feel that good behavior should be rewarded and bad behavior should be punished. i don't care about the politics of it. i don't care who it is. i don't care what level within

the administration. these people need to be -- these people need to be removed and they should not be put on any kind of paid leave in my opinion. megyn: yeah, yeah. well our -- our credit goes to the five that put together that mash up of jeff nealey and the video of that thing. that was very well sliced and diced for a bit of a louisiana. the truth is it's no laughing matter. i have to run. leslie, lars, thank you so much. did you see it earlier on the tees? yeah. it's posted online too, foxnews.com if you want to check it out. coming up next, can you put a value on american citizenship? we are getting reports today that a record number of americans are giving up their ties to this country over our tax code. stu varney is next on that. plus, she hit the jackpot but kept collecting food stamps. now the state is trying to settle the score. and as we get new signs that the economy could be in new trouble are, the republicans roll out a new attack ad on president

obama. we'll run it past our panel and have a fair & balanced debate coming up. >> we are not there. >> we are not there because this recession turned out to be a lot deeper than any of us realized. i'm not going to make any excuses. i came in in the midst of the worst recession since the great depression. i'm not going to make any excuses. the worst depression since the great depression. [ male announcer ] drinking a smoothie with no vegetable nutrition?

♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. megyn: a michigan woman faces criminal charges for continuing to collect food stamps after winning a million dollar lottery jackpot. 25-year-old amanda clayton won the cash on a michigan game show. at the time she told a local tv station that she thought it might be okay to keep receiving food stamps because she was not working. prosecutors disagreed. they have charged her with welfare fraud and says she faces up to four years in prison if convicted.

she has since been dropped from the food stamp program. well today is officially tax day this year and we are getting reports from the reuters news agency that a record number of people are renouncing their citizenship because of our tax code. many of them say u.s. taxes have turned being an american into more of a liability than a privilege. joining us now fox business network's stewart varney, a man who disagrees with that, i can imagine. but seriously you're talking, they are saying 1800 people have renounced their u.s. citizenship or turned over their green cards because of the tax burdens. >> yes it's not just a big tax bill or high tax rates, it's more than that. it's the complexity of complying with every changing tax rules. for example, suppose you're an american, you live overseas, you make money overseas, you work overseas, you must report to the irs every single year how much you made. if you're married, supposing you go overseas, and you marry a

foreigner, you've still got to report all income every year to the united states treasury. megyn: and pay taxes on it. >> and pay taxes, and you must report any income of your spouse and any assets held by your spouse and children. megyn: even if your spouse is getting paid by let's say the british government or a british company. >> you're an american living overseas, married to a foreigner. report back to america what you're earning, what your family is earning and what your kids are earning. megyn: why do we do that. >> it's an attempt to stop tax evasion. there was a feeling over the last ten years that people were getting away with murder by living overseas, having accounts overseas, having swiss bank accounts for example and not saying tax legitimately. they've tight end up on the rules and there are huge penalties for not reporting. sometimes the complexion steve the law and the penalty you'll face because you don't comply with it correctly are huge, and it's cheaper and easier to renounce your citizenship. 1,788 people did it last year.

megyn: lest we be sitting here scoffing at that decision, and wondering how our expats are doing that, in this country too we are about to face an increased tax burden come january of next year, and that is because of the bush tax cuts expiring absent some action in congress and the white house. what kind of increase are people looking at? >> if all of these tax increases take effect on january the 1st of next year, many people who have got a good income, $250,000 or more living in high tax states like california, new york, new york city, they'll be paying more than half of their income in federal and state income taxes. so for every extra dollar you earn they will be paying more than 50-cents to the state, and to the united states treasury. megyn: are the people who make less than that also going to

face a hit. >> at the moment everybody who works gets a social security, a payroll tax holiday, a limited holiday, that goes away on january the 1st, so everybody who works would pay a little bit more in payroll taxes come january the 1st. megyn: we were told by the vice president that it is patriotic to pay more in taxes contrary to what these 1800 american citizens think, contrary to what people who don't want to see their taxes go up think. he says it is patriotic to pay more in taxes. you know, is there any likelihood that -- do you believe he may have a point? because when you look back to the 1950s and early 60s i think it was the tax burden was much bigger on americans than it is now. some people were paying 90%. >> in the 50s your tax rate could go up to 90% depending on what you earned. it came down a bit under john f. kennedy. then went back up again to 70% in the 70s.

megyn: why. >> you could get away with all kinds of things, loopholes, deductions, various things you did with your money. megyn: that was technically your rate but that is not what you paid. >> nobody in their right mind would have paid that rate. ronald reagan cut those rates to the bone. they came all the way down. as he cut tax rates people paid a lot more in fact to the government and the government took in about twice as much as it did before those rates were cut. megyn: that's the irony, cutting the taxes on the rich led to increased tax revenue not decreased tax revenue. >> that is the golden rule of history, john f. kennedy cut rates, brought in more money. reagan cut rates, brought in more money. george w. bush cut rates in 01 and 03 brought in more money. megyn: people are less likely to evade and renounce their citizen theup to get rid of the u.s. tax burden. >> make no mistake it is a very big deal to renounce your american citizenship. some of us paid dearly to quit.

megyn: did you get your taxes in on time. >> yes. megyn: me too i always do when i'm expecting a refund. i get is in nice and early. every year the irs says we have to investigate we'll see. >> it's our patriotic duty to get them in on time especially with my ethnicity. megyn: see you seen. the government doesn't give you an extension interest free, they certainly don't. coming up breaking news on new tensions between israel and america over the status of talks with iran. see why we are today hearing the israeli defense minister saying that israel never promised not to attack while we talk things over with iran. and newt gingrich facing a fierce attack not from democrats or fellow republicans but from a penquin right after the break. call imperial structured settlements. the experts at imperial can convert

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megyn: newt gingrich says he's visited the zoo almost one hundred times in his lifetime. of it is a fundamentally enjoyable thing to do, except for this past weekend when he visited the penguins. trace gallagher picks up the story from there. trace. >> reporter: he was actually in st. louis to do the nra convention when he took a little side trip to the zoo and he got a behind the scenes tour. that's where you get up close and personal with the penguins, maybe a little too up close, maybe a little too personal. one of those penguins, those are the little penguins like this viciously attacked the former house speaker, not really, bit him on the finger. bit newt on the finger and they had to give him a band-aid. newt gingrich said look he's been to zoos his entire life. says he's been to over 95 zoos and he's not kid about that. he is a big-time zoo fan.

he even wrote the forward to the twaeutd book america's best zoos. here are other people who were also at the zoo with n newt. listen. >> he is always putting his finger in places they don't belong i think. >> i know they get the penguins from all over the world. they have a diverse political background in the penguin house. >> reporter: everybody at the zoo had a little fun with that. don't you remember that newt gingrich by the way has a huge following in the pet world. look at that, that is from his website. that is newt with pets. look at that cat. that cat is with newt, it says right there. that cat is with newt. look at that dog, look at gigett olson. she is with newt. we also mention that that behind the scenes tour he also went and met a tiger named calista, same as his wife wh and was also in the snake pit.

maybe it was a good thing that the penquin was having a bad day and not the others. megyn: newt gingrich said i think it's a fund fundamental disservice to this zoo that you would open this visit by pecking at my finger. thank you. the jury found him guilty of dui manslaughter. could a polo playing millionaire now get off the hook? "kelly's court" with a dramatic new turn in the john goodman case. wait until you hear what happened. a black lab got national attention to the loyalty he showed to his dog pal. wait until you hear what happened when one important family spotted this dog on tv. you've seen the pictures of lavish partying on your dime? coming up why you could see some of these guys going to jail. >> mr. nealey did you approve the funding for the 2010 western regional conference? eggland's best eggs.

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megyn: fox news alert on new tensions showing between israel

and america over the showdown with iran. welcome, everyone. i'm megyn kelly. israeli defense minister ehud barak pointing out israel never promised not to attack iran during next month's scheduled talks over its nuclear perhaps. this comes two days after the israeli prime minister said iran got a freebee when the west decide to schedule the next talks sometime in late may. >> reporter: this is a case of the israelis trying to ratchet up the pressure on the iranians and the united states and make the world think there is a real possibility israel is going to attack sometime sooner than later. you also have to look at this in the context of u.s. presidential politics. iran has raised their level of rhetoric.

we had a military parade today and they have been tough in their language. however, the united states said lately they believe a man is willing to make a deal. you can look at this as one of two ways. either iran is doing what they have done in the past, that they have more time to work on their nuclear program or they are willing to make a deal. israel is neither hopeful nor optimistic about this. also right now experts are saying the window is closing when an israeli attack would be effective against iran. and it has been long reported over the past couple months -- there was a deal struck back when prime minister netanyahu met with president obama that there would not be an attack during the summer or when those talks are going on. this is the first time the

israelis have denied that deal being made. importantly to note, approved by the israeli military sensor, an in-depth story about how an attack on iran would look and a distinct possibility it could come sometime this summer. it's certainly the sense that this is saber rattling about it israelis. though this prime minister benjamin netanyahu is not known for his blufg. look at this in the sense of i.s. politics. president netanyahu does not like president obama, he does not trust president obama. every shot he can take at president obama could be seen as an attempt to weaken obama in u.s. politics come november. megyn: the sharp back and forth raising concerns about these negotiations we are participating in with iran.

john bolton was on this program last friday warning this might happen. he joins us live in just a few minutes on these new warnings from israel. another fox news alert. day two of congressional hearings just wrapped up on a massive spending scandal rocking the general services administration. congress asking flue questions about claims the federal agency shelled out nearly a million taxpayer dollars on its lavish conferences and trips. now it could get worse for these gsa executives who could be facing criminal charges next. gregg jared is with us. >> reporter: we are talking about fraud, theft, misuse of taxpayer money. the inspector general says he uncovered evidence of bribes and kickbacks. he's recommending criminal charges to the department of justice. >> on the advice of council i

reflect any decline to answer based on my fifth amendment constitutional privilege. >> reporter: no wonder jeff neely clammed up. photos like this of him in a las vegas hot tub. it may turn out very little of that lavish $800,000-plus las vegas extravaganza was legit. taxpayer money paid for luxury suites. booze-filled parties, a mind reader. $75,000 for bicycles. catering costs ran $136,000. all the while gsa honchos mocking how they were abusing the taxpayer dime. i asked the chairman of today's hearing whether some should be prosecuted criminally. >> reporter: there will be a number of people prosecuted. my commit to the american taxpayers is to make sure money is paid back and we hold those

accountable for the wrongdoing. and that does not stop with firing them. people will go behind bars. >> reporter: the las vegas party is reminiscent of the tyco party. and the i am basic legal principles do apply here. it's called theft. megyn: what led to the inspector general's investigation in the first place? >> reporter: something small. 40 items were stolen before or at the conference including some ipods. one of which led to commissioner jeff neely. the itunes account showed his daughter was downloading songs to that ipod and one thing led to another and pretty soon the entire affair began to unravel. megyn: gregg, thank you. jeff neely the gsa ex was a

no-show on the hot seat. this photo shows him relax on the taxpayer dime. one congressman had fun with that picture. >> chairman denim, i would like to insert at this point in the record that mr. neely has -- is not with us today. we requested that he be with us and he has i guess taken the fifth in another committee and is not appearing today against one of the requests that at least i made for him to be with us. i guess only way we'll get to see him is on a video in the hot tub. but i want to make certain that it's noted in the record that he did not appear. megyn: that's a knee slapper.

you know, they try on capitol hill. neely not on refused to answer questions about the conference, he didn't even confirm his name or that aworked for the gsa. we'll continue to watch where this goes. new questions about political insider hillary rosen, the democratic strategist who said ann romney, a stay-at-home mom quote never worked a day in her life. big uproar, she had to apologize. but my next guest said if you think that comment was not coordinated at the highest level you are either naive or uninformed. pat caddell is a pollster and fox news contributor. >> it's totally chicago. someone mugs a prisoner and a good cop comes in and said they

shouldn't have con that, i'll help you out. what we have here, we saw the contraception debate. hillary rosen is not the president's spokesman jay carney, david axlerod or the president himself said she works for them when axlerod says about the commentators. she doesn't work for us. her 35 trips to white house were not because she was a cnn commentator. she is a major advisor in partner with anita dunn, the white house communications director. megyn: why would barack obama want her make an incendiary comment. >> she represents -- that view getting this women's issue out, dividing married women from where they have had problems from single women where they need to keep those margins, trying to keep that deviciveness

going is critical to the president's campaign. it's like contraception. she didn't misspeak. when the dog doesn't bark -- she works for the dnc. she has a contract. megyn: she deny that. she says she is not an advisor to the democratic party. >> anita continues an advisor. but i'm more interested in the fact that she was at the white house 35 times which is about 3 1/2 times more than petraeus. but she is there representing clients, many of whom get exemptions. megyn: explain how this works. >> we want to take -- here is the discussion. we need to get out our case that romney is bad on women and ann romney is out there, we need to challenge her. you never go after a spouse the way they did.

this chicago edge -- megyn: the president said you don't go after a spouse. >> after the fact. what they wanted to do was challenge the pushback on women and to keep that margin. by challenging her and challenging romney -- was the way she said it, they want to keep this issue alive like they want to keep contraception. it's called ignore the man behind the curtain because that issue they believe helps them. the more they cause controversy. megyn: what don't they want us to be focusing on. >> the economy and the most serious problem the president i think has with swing voters -- let's ignore partisans on both side. but swing voters who voted for him. they those was going to be a different kind of president. they don't want the challenge of hope and change didn't work out and the economy is have much a part of that. megyn: we talked about the independent voting.

do you think -- you don't have any evidence of this. but what are the odds that somebody as well connected as hillary rosen would come out and say -- >> it doesn't happen. that's why i'm saying -- i'm shocked to find gambling going on here. i don't know all the metaphors you want to use and icons. but she didn't just go out and make this up. this is part of a plotted strategy. megyn: she's the fall guy. >> nobody said we don't want her around or we are getting rid of your firm. this is we don't know her but she shouldn't say this. somebody on tv. but the larger problem -- i guarantee you, in this business you have to always watch what the main play is. the main play is to try to keep this -- all issues with women, contraception, this be the republicans aren't sensitive. in hilary, there is a woman who

makes 7 figures a year and for her to represent working women is ironic. megyn: it did not get a lot of attention at the time. but the israeli prime minister and president obama had a tense exchange over israel's nuclear program. the rnc unleashing a new attack ad over where the economy might go next. our panel debate coming up. >> i'm not going to make any excuses. i'm not going to make any excuses i will be held accountable. we are not there because this recession turned out to be a lot deeper. he was just... "get me an aspirin"... yeah... i knew that i was doing the right thing, when i gave him the bayer. i'm on an aspirin regimen... and i take bayer chewables. [ male announcer ] aspirin is not appropriate for everyone so be sure to talk to your doctor

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megyn: back to our breaking news on our top story of the day. new tensions between the united states and israel over iran's nuclear program. israel's defense minister made

news saying his country never ruled out the possibility of attacking iran while the u.s. is negotiating with tehran. over the weekend the israeli prime minister said iran is just using these talks to buy time and mayor case letting it happen. here is a reporter asking president obama about that. >> reporter: i would like to get your reaction to prime minister netanyahu's comments that they had given a freebee with his additional time. >> we haven't give up away anything other than the opportunity for us to negotiate and see if iran comes to the table in good faith. and the notion that somehow we have given something away or a freebee, would indicate that iran has gotten something. in fact they have some of the toughest sanctions they are going to be facing. megyn: joining me now, john bolton, former ambassador to the

united nations and a fox news contributor. interesting back and forth between netanyahu and president obama where they are directly at odds whether we have given a a freebee to iran. >> that exchange shows president obama doesn't understand negotiation in the slightest. in a dip platt i can even counter like this time has a value. it is an important commodity. it's not neutral in the negotiation. in this case time heavily favors iran. the more time they have the closer they can get to nuclear weapons. what happened in istanbul was the part why is got together, nobody moved moved an inch in terms of their real position. there is talk about how the atmosphere and tone was good but nobody moved substantively. now the next session is five weeks after the first one. what iran got is time.

time that allows them to make more progress towards nuclear weapons. so for president obama to say they didn't get anything reveals he doesn't understand the dynamics of a diplomatic negotiation like this. megyn: what do you make of ehud barak saying hold on, we never promised the united states that we would not attack iran while these talks that we are not a part of go on. that's the first time he said that publicly and confirmed that no such deal was made. >> that because there is an important second commodity at issue here beyond time and that's political legitimacy. iran has used negotiations in the past as a form of legitimizing its continued nuclear activity, and to be able to say as long as there is a negotiation process going on it would be illegitimate for on thers to take steps inconsistent

with continuing the negotiations. not the least of which of course would be a military attack against their nuclear weapons program. i think what the israelis are trying to do is make it clear there was no quid pro quo on this and they remain free to make their own decision about whether they are going to use military force. megyn: even if it's between now and may 23 when next meeting is supposed to take place? between the p5 plus 1 and iran? >> i have no idea if they had made the decision to use force and when that is. but maintaining tactical surprise is important to the chances of success in the military operation. so it's very much in their interest to leave everybody guessing just as it's in iran's interest to try to tamp down all talk of military action. that's why they are leaning on the europeans who have shown over the years they are incredibly susceptible to saying

let many let this play out a little bit longer. megyn: chan 10 said the moment of truth is near. and they are talking about an english reports in the "times" of israel with how the attack would unfold. suggesting it could be this summer. final question for you. given what you said in your first answer about time being a commodity, why would we agree to give iran another five weeks before we even talk to them about what we want them to do to avoid further actions by the united states or israel? >> it was a very foolish concession to make. i think getting involved in niece negotiations is a foolish concession to make. i think the way the administration has structured the focus on the fordo facility, the whole thing is a mistake.

iran is using it to get themselves more time to make more progress. i don't know how many times you can make the same mistake but finally realize what you are engaging in. it's not just fruitless and cost free. it is benefiting iran. that's what's going on here. megyn: cam bass for john bolton, thank you, sir. new details in the case of a florida millionaire convicted of dui manslaughter. now he's trying for a new trial claiming juror misconduct. wait until you hear the evidence he has in "kelly's court." a chicago area kayaker killed in a bizarre accidents. police are saying a swan is responsible for his death. >> i just know the father is not here and they don't know why. it's tragic. wake up!

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megyn: an aggressive swan is being blamed for the death of a sky yeark after this 37-year-old father of two drowned in an illinois pond. police say the aggressive bird charged at the man causing him to turn his kayak. >> he uses dogs and swans to get rid of geese at apartment complexes. he was at an apartment complex outside of chicago. he was checking on the swans. he got in his kayak, traveled to the middle and witnesses say one of the swans came at him. forcing his kayak to flip over, then he began swimming away. here is a witness to saw it. >> they probably thought he was

going too close to their eggs. the kayak was upward, you could see the tip of it. >> reporter: the kayak was half in the water and half out. the witnesses say he began swimming to shore but that swan kept at him. it's unclear about yes was unable to swim away. he came out of the water a couple times and called for help and finally went down for good. swans are big. they are 4 feet call with an 8-foot wing span and can weigh up to 30 pound. they are somewhat territorial, but the family is baffled. >> they just know their father is not here and they don't know why. it's a tragedy for him to have to spend the last few moments like that. >> reporter: they are worried maybe something else happened inside the pond because they say he was a good swirl.

we can't find any instances of a swan fatally attacking a human or aggressively continually attacking a human. so the official cause of death was drowning in the case. megyn: our condolences to his family. trace, thank you. a black lab got national attention for the loyalty she showed to her dog pal. wait until you see what happened when one important family spotted this dog on tv. the republicans roll out a new attack on president obama. we'll debate right after the break. stay with us. >> i came in in the midst of the worst recession since the great depression. i'm not going to make any excuses. the worst recession since the great depression. there are things we could not control.

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i can get a smartphone with verizon 4g lte ? it'd be so easy to check facebook, send emails. and the screen is easier to read in sunlight ! the universe is practically telling me to get a smartphone. it's like, "lisa, 'd be super cool if you got a smartphone. also, i like your outfit." thanks universe, let's get me a lucid. come in and say hellto your new, easy to use smartphone. the lucid by lg for only $79.99. verizon. megyn: a fox news alert. a federal appeals court uphold a portion of arizona voter i.d. law. arizona was the first state to require voters show proof of citizenship. but kansas and georgia have followed suit. the supreme court came out with an important ruling on this and arizona and other states have followed. we are trying to get more background on this court ruling. but this federal appeals court has upheld the law at least in part.

more on that as we get it. the economy begins showing new signs of slowing. the gop predicts we'll hear a slew of explanations from president obama why it's not his fault. that's the theme of a new ad from the rnc reminding voters of the no excuses promise president obama campaigned on four years ago. >> part of the reason manufacturing is declined is because of automation. this was not our program per se. you used to go to a bank teller, now, you go to an atm machine. i'm not going to make any executions. if stuff hasn't worked and people don't feel like i have led the country in the right direction ... i don't think they are better off than they were four years ago -- they will have

a new president. megyn: joining me i are taraguidell. and the suggestion is this is a preemptive strike against what they anticipate president obama's response will be as the economy is showing some signs of slowing as we head into the summer months which tend to have high gas prices and based on last summer a slowing, slug economy. effective? >> extraordinarily effective. i think we'll see more of this sort of thing. this is a president who used to his great advantage his oratory. grand promises. and i think now four years later it's going to be difficult for this president and i think for voters to reconcile his own

record with the words that he used a few years ago and i think to use that against him is a smart thing to do. megyn: they start out in the ad. i'm not going to make any excuses. then they ticked them off, earthquake in japan. the arab spring. the problems around the debt ceiling. automation, globalization. do they have a point? >> all those things are true. by i find it ironic that the rnc is calling president obama hypocritical when their mom knee is mitt romney. mitt romney has been on every side of almost every issue known to man. this is someone who was pro-choice, now he's pro-choice. and he supported the individual mandate. people who live in glass houses shouldn't throw stones. megyn: is it a fair characterization to say that those are excuses he was making

in violation of his promise not to make excuses or were those realities that the president had to deal with and why not fight them. >> of course they are excuses. one they left out of the ad it was a revelation in a relatively new books. he also blamed fox news. when he was talking to a union group, he says it's because fox news is calling me a muslim 24/7 that we got beaten in 2010. i watched this channel and that wasn't happening. atms was silly. but trying to claim solyndra was not his program per se is preposterous. it was completely his. he doesn't want to on it and republicans will force him to own it. megyn: there is a perception in the country -- i love the saying winners take responsibility and losers blame others. i believe in that saying. do you have to keep taking responsibility for everything when you are the president? would he be running away and

campaigning if he was saying that's my fault and that's my fault, too, i take responsibility for that as well. the buy would be out here saying he admits everything was his fault. >> i think it's fair game for him to push back and say that did not happen under my watch. his job is to turn the economy around. for better or for worse, the president inherited an economy from a republican president so you can rewrite history as much as you wants. those are the facts. bush turned a surplus into a deficit. megyn: is there anything that you think is his fault? do you believe that is genuinely president obama's fault? >> the economy isn't recovering as fast as anyone would like. the president acknowledged that publicly. and solyndra was a debackle, but there are other companies that

have done well. there have been some mistake that have happened. that happens to every president. but the president was providing context. mitt romney in the first two debates said when he was asked about massachusetts being ranked 47th in the nation for job creation his response was i inherited a mess. what's wrong with mitt romney providing context, why can't president obama provide context as well. >> the unemployment rate under mitt romney was below 5 per when he left office. if you want to cast stones at that i think hair cans would look at that 5% versus 8%. >> that was boom times. the economy was good. >> you are right. i was waiting for president bush to come up. let many come back to president bush and all i have to do is circle back to an interview that this president gave in 2009. he said quote if i haven't gone the this done, meaning turning the economy around in 3 1/2 years this is going to be a

one-term proposition. megyn: but then he came out later and said the recession was worse than we expected. >> an excuse. he inherited a recession. he told us throughout the campaign this is the crisis since the last depression, hire me. and the next thing is, hire me i'll fix it. and what has he done. a healthcare plan that was wildly inappropriate and wildly unpopular. megyn: that seems to be a line of attack, our viewers know the healthcare will be an issue. but it seems they are starting to get ready to unleash. he took his eye off the bail. same way they went after president bush. he took his eye off the bail by going inthe iraq. is that effective? >> certainly for the republican base healthcare reform is a rallying call. whenever you talk about

healthcare reform. megyn: even barney frank said this may be a mistake. >> the healthcare reform bill was based on romney care in massachusetts. megyn: does that make it okay for those who don't like it? >> no, i like romney care. megyn: for those who don't like it does the excuse the president taking his eye off the ball if that's what he did? >> i think it's a tough argumenty where you have an economy where you have had 2 full years of private sector job growth. it's hard to say he took his eye off the economy. we are in a global economic slowdown and the u.s. is doing far better than europe. and europe has taken some draconian measures. megyn: they have good number in the private sector growth. >> there has been some progress and mitt romney says of course there has been progress and republicans are hoping for better progress. but this comes back to the ad

this entire segment was about that we played at the top. the promises and the projections made by this president versus actual results. he said let's borrow $825 billion that we don't have, and these 7 things will happen. unfortunately for this president none of those things happened and they are having to goose the numbers. we like the private sector job growth but we can't forget the millions of jobs that have disappeared with people dropping out of the labor force. those numbers aren't wrapped into that unemployment monthly number the president is trying to point to. megyn: thank you both so much. coming up we have big developments on a verdict we watched unfold live on this broadcast. you saw it happen when a jury found this guy, john goodman, the polo tycoon. he adopted his girlfriend. they found his guilty of driving drunk when he hit and killed another man. but now his lawyers say they

have a good case for a mistrial and wait until you hear who they are blaming it on. this may not be complete baloney. we'll talk about it next in "kelly's court." >> i told him about the bike was writing and the noits was making every night. i didn't start the book. i don't see how i did anything that was not correct. [ male announcer ] a car is either luxury or it isn't.

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megyn: "kelly's court" is back in session. on the docket, a new twist in the case of a florida millionaire involved in a case of manslaughter. john goodman in the civil trial adopted his girlfriend in an apparent bid to shelter his considerable assets. then came the criminal trial an was convicted. now he's making a play for a new trial claiming juror misconduct. his attorneys relying on an

alternate juror who came forward saying the jurors disobeyed their oath. the alter senate juror singled out juror number 6 saying he was actually writing a book about this case during the trial. demartin says the defense attorneys are not to be believed. >> i think he's trying to make something up. i don't feel i did anything wrong. megyn: joining me now, mark eiglarsh, and mercedes colwin. i thought, right, the obligatory we want a mistrial. but then they may have something here. arthur, this alter senate juror came forward on her own. she has a long list of things she says the jurors were doing

wrong. >> this is what gifts the most credibility. she came out to the court first. according to her she called the court clerk and court staff first and no one called her back. then she reached out to roy black the criminal defense attorney's office. megyn: what did she say the jury was doing? >> they were talking about the evidence before they were supposed to. everybody knows who has done a trial, a judge tells you every single day, almost in every break, even before bathroom breaks, don't deliberate on this case until you have heard all of the evidence. according toker in the back rooms. in the hallways, at lunch breaks jurors were discussing the evidence, they were discussing the defendant, they were discussing his wealth, they were making fun of how much money he had, the poor rich guy. then the gentleman you just showed in the clip was writing a book about the trial which would have a severe impact on the way

he wanted to see the verdict. megyn: mr. demartin admits he was writing a book during the trial, but he says the name of that book is "the trials and tribulations of a senior citizen getting a date without a car." >> this guy is all about i'm going to blame some wins. i didn't put my foot on the accelerator. my $250,000 bentley did. i didn't drank before, i drank after. i didn't call 11 because i wasn't thinking carefully. the reason yes was convicted is he failed miserably on the stand. we saw his testimony. and that was during direct. and then there is some juror misconduct? we don't have concrete evidence. they talk about the jurors

talking about the case, that they marshal the evidence. did they say i don't believe the defendant as he took the stand. >> they are not suppose to be marshaling the evidence. they are not suppose to be using the case -- they are not supposed to be discussing the case until the judge tells them. megyn: they are polling the other jurors to find out. the jurors have motivation to say it's not true. we followed the law, we did what the judge told us to. but the alternate, does she have an ax to grind. apparently during the trial she chastised one of the jurors saying you shouldn't be making these comments. and she said you just have a crush on the defendant. >> she was behaving the way jurors are supposed to. megyn: here they say the jurors

discussed the evidence before the end of the case. they made dreg torry comments -- they made derogatory comments about his wealth. >> it's huge. the judge has to have a hearing and have each juror one at a time, subject to cross-examination by roy black on what they did and didn't do. >> they know they are under oath. under penalties of perjury, they will testify. they will say we didn't do any of what we are accused of. you heard demartin say i'm talking about dating senior citizens. >> the biggest issue every trial attorney faces is jurors not having the self-control not to go on the internet and research the case. jurors tell you all the time -- watch a little "kelly's court." and jurors are not supposed to do that because it leads into their brain and the decision

making process. it's suppose to be decide on the evidence. megyn: discussing the case is not good before it goes to a jury. jurors walk around the courtroom. little things are said. what does discuss mean? but taking in media coverage of the case could be a problem for these jurors. how high is the bar for the defense now to get the verdict thrown out or get a mistrial. >> preponderance of the evidence. he was not rendered a fair trial because of jury misconduct. megyn: he gets a new trial, it's not like he gets a free pass. >> he's facing 30 years. the judge should err on the side of making sure he gets a fair trial. egal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert

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megyn: bittersweet story. one dog in california being hailed as a rock star after braving oncoming traffic on a busy street to stave off traffic after another dog was killed by a driver. trace gallagher picks up the story. >> reporter: it's a heartbreaking story. you clearly know there was a yellow lab hit and killed by a car. but if you watch this black lab standing guard over his mate like there was some oath between dogs it is remarkable. the black lab is on a busy boulevard in los angeles. the person who took this video

put orange cones around the dog so it went be hit. >> i took a video and couple pictures of it. the dog knew his mate got hit by a car and it didn't care about its own life. it just decided to lay there with the dog. i mean it got to me afterwards. >> reporter: it got to a lot of people. when animal control arrived on scene that dog with us visibly shaking. but neither of these dogs had collars on. there were no chips for identification. so animal control named this dog grace. they called her a rock star. >> grace is doing a lot better. when she first came into the shelter she was timid and shy and hiding out in the corner. we don't have a form of i.d. there was no collar or

microship. >> reporter: after all the local news exposure a family came forward and said that's our dog and her name is maggie. they intend to return maggie back to the owners. but first they want to go out to the house of the owners and check it out to find out how she got out in the first place. a lot of people -- if those owners hadn't come forward said we'll take grace. we'll adopt her no questions asked. megyn: hopefully animal control will make sure that is a safe environment for grace. trace, thank you. we'll be right back. [ wind howling ]

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