air force one is about to touchdown in the key battleground state of ohio. president obama expected to try and win over voters who make lens $50,000 a year by suggesting mitt romney wants to take some key benefits away from them. some would call that pretty standard campaigning but critics worry about what they call an effort to divide the nation on issues like class, race and gender. chris stirewalt is our fox news digital politics editor and host on fox news.com. bill o'reilly is not the only one who said this will be the most devisive battle for president in modern history. how do you draw that line? how do we know when the president tries to appeal to voters who are making less than $50,000, whether he is making a legitimate play to folks who don't earn that much to say my policies are better for you than the republicans versus class

warfare, unusual negativity and the pitting of americans against each other? >> here is something you don't see very often, a president out campaigning with a negative tone as early as president obama does. the norm, the standard, basically, obviously there are exceptses t exceptions to the norm throughout his tries you keep the incumbent away from the rough stuff until the very end and he in a spirit of high minded regret then steps forward to say the other guy is a bump and shouldn't be elected in his place. that is certainly the norm. what we've heard from the president is very sharp mocking rhetoric about mitt romney, the republican plan, what the democrats call the romney plan, that they say is about hood winking middle class and poor folk into giving up benefits to help rich people like romney. the line has been more sharply laid out by vice president biden

and others but the president echos it and reinforces it in campaign appearances like the one he's going to have today. megyn: what as a practical matter, chris, as an observer of all things political is the president supposed to do? what choice does he have at this point but to go that route, given the incoming attacks he's been taking on how he's handled the economy? >> reporter: there are a couple of ways you can go. if you you are the president you can say i'm always the president and i'm above this sort of silliness and i'll let other people fight it out and do this at the end. obviously the obama team doesn't think they are in a position to do that. to your point they think that they need to get rougher lee and often to try to, and this is what he's really doing today is galvanize the base in the key state of ohio, in a county that the president should win with 65 or 70% of the vote, he's campaigning there today as part of an effort to say to his base voters, mitt romney is no good, the republicans are trying to take stuff away from you, let's rally together and prevent this

guy from undoing what i've done for you. megyn: to what extent there is a risk of alienating folks like the independents? maybe the base gets rallied by this, by shifting this kind of a tactic, hope and change has now become attack, so there could be a risk of backlash which i want you to speak to. do people care about that chris? the independents, do they sit around and say, ooh, a change intact particulars, no more hope and change, or do they simply sit on their couches at home and say, romney doesn't want to help the middle class, i'm middle class, i must be against romney? >> reporter: if there has ever been a president, megyn to whom tone matters a great deal it was bam battle. it was his up lifting tone in 2008 that did so much good for him. he won this election by succeeding in suburbs where folks generally earn more than $50,000, in slightly upscale suburbs outside of cities like cleveland where he's outside of

today. the problem for obama is this is that the folks in those suburbs who were pleased and embraced his message of healing and post partisanship and an end to the games of the past watch the same local tv news channels as the folks who want to eat the red meat out in a lee in alyeris today. the people on the other side of town, which are the swing voters, the swing voters you describe they will see this on their tv too tonight. megyn: always a pleasure. thank you. mitt romney has a speech in charlotte, north carolina later today. he is also getting a lot of attention for an interview he gave yesterday in which he suggested that some in the media are already actively working to derail his presidential campaign. >> they are going to do everything they can to divert from the issue people care most about, which is a growing economy that creates more jobs

and rising incomes. that's what people care about, and the democrats know that given the president's record over the last three and a half years they cannot run on that record, and therefore, they will try to make this race about anything but the president's record and the economy. megyn: just ahead we'll look at the work of the mainstream media in this election cycle and ask our panel if governor romney is onto something there. we had breaking news on this broadcast yesterday as a federal judge upheld arizona's voter id law, and today we have some new fox polls on this issue. those polls show an overwhelming majority, 70% say that we need voter id laws in this country to prevent voter fraud. 26% say the laws are unnecessary and could discourage voting. shannon bream has more live in washington, she's got new details on this arizona ruling and the voter id fight nationwide. hey, shannon. >> reporter: hi, megyn. the poll results that we got also give us deeper insight into what americans think about the potential motivations behind the

laws. critics of the law suggest that it's about disinch franchising people who legally have the right to vote. we asked, are those who support voter id laws trying to reduce the amount of legal votes by minorities. 34% said yes, 62% said know. we wanted to know about the flip side as well we asked, are those that oppose laws that require potential voters to show some type of id trying to increase illegal votes by those who are not even citizens. a full 50% believe that is the case. they think they are doing so because they want to make sure that people not qualified can vote. 45% said they don't believe that is the case. there is than be an interesting development involving van jones and his color of change organization. they are going after the american legislative exchange council or alec which backs states efforts to pass and maintain voter id laws. it says, quote, trying to stop black people and other people of

color from voting. they are calling out companies like coca-cola who have donated to alec. 2008 presidential election exit polls show those groups do overwhelmingly vote in favor of democrats, 73% of the voting group, 95% and 67% are hispanic, they say that is exactly why republicans are backing them according to critics. megyn: fox news goes in-depth on the voter id. tune in for fox news reporting, stealing your vote, hosted buyer i can shaun, airing this saturday 3:00pm eastern and again on sunday at 3:00pm and 9:00pm eastern time. they've been working very hard on this. breaking developments today in the case against george zimmerman the neighborhood watchman accused in the shooting death of trayvon martin. the orlando centennial reporting the judge in the case is expected to step down today and

be replaced after revealing a potential conflict of interest. gregg jarrett has more from our newsroom. >> reporter: the judge has a clear conflict of interest, which by the way she disclosed. but she is going to have to recuse herself he so that a new jo can be assigned. it will be a random selection, who ever is up next for a trial. the circuit judge was assigned the case only six days ago. she is 39, been on the bench only a year. criminal law is not her specialty, but she is married to a partner of an attorney who turned down the chance to defend zimmerman, instead recommending his current law, and he is now an analyst for a television network on the case. this conflict could expose the judge to charges of b bias, so zimmerman's bail hearing could be delayed penned agnew judge being assigned. after that there is the arraignment for zimmerman. then, this is important, under florida, stand your ground law, zimmerman can seek dismiss allege of the second-degree

murder charge in what is called an immunity hearing in front of the new judge in which zimmerman will likely argue he did not instigate the fight with martin, but when attacked he feared for his life and acted in self-defense. he can present witnesses and evidence. but the key to that is the burden of proof. zimmerman would have to show by a per pond tkrafpbs the evidence that his story is likely true or not. that is a much lower threshold than normal. if the judge agrees case dismissed. if not the defendant can still invoke soefl defense at trial. but the burden shifts to the prosecution, their standard much higher, beyond a reasonable doubt. megyn: what qualifies as self-defense in florida, gregg? >> reporter: it's pretty much the same as other states. here it is. if you are in reasonable fear that your life is in imminent danger of serious bodily injury or death, then deadly force is allowed.

so there are four elements there. the jury must ask itself, would an average person in zimmerman's circumstances, have viewed trayvon martin as a serious or mortal threat? zimmerman's mere honest but mistaken belief, that is not good enough, that won't survive. megyn: if zimmerman doesn't get the case thrown out at this hearing before the judge then he goes to trial, has to defend on the merits. he can still raise self-defense there, not the stand your ground law. so if the judge says that law doesn't apply, because whatever, maybe because we've been talking about if the judge finds he created the circumstances of the confront indication, you can't take advantage of stand your ground, it goes to trial, he can still raise self-defense and say, all right i didn't get the stand your ground law, let me argue that it was self-defense and explain why. >> reporter: absolutely. because remember zimmerman's story is likely going to be and we know this through his father, that look, i had sort of tried to leave the scene and suddenly i'm approached by trayvon martin

and he then attacks me during a confrontation. so the issue of pre treat will never likely come into play at the time of trial, and thus stand your ground is irrelevant. it's pure self-defense, reasonable fear of imminent bodily injury or death, and only then you don't have to retreat, and you're allowed to use lethal force. megyn: very interesting. very helpful. gregg, thank you. as gregg just mentioned if this new judge decides that zimmerman shot trayvon martin because he feared for his life and acted in self-defense, depending on the full circumstances this entire case could be tossed out without ever getting to a jury. did you know that? that the judge can throw this out without ever giving it to a jury? later right here on "america live" dr. keith ablow will help us examine the fight or flight moment that this entire case could come down to. there are growing concerns this hour for the safety of an american service member after she goes out for a in it on the town and never comes home. trace is tracking this story from our breaking news desk and

has new developments just ahead. plus, president obama invoke being the memory of president reagan while trying to sell his plan to raise taxes on the wealthy. but did he take president reagan's comments out of context? president reagan's son michael is here and is not happy. he's right after the break. and rocker ted nugent's comments about president obama landing him in some hot water. but did he actually make a threat? one worthy of secret service investigation? "kelly's court" takes up that case today. >> i tell you this right now, if barack obama becomes the president in november, again, i will either be dead, or in jail by this time next year.

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this is my grandson. and if it wasn't for a screening t,

megyn: president obama arriving in cleveland moments ago. a look at air force one here for you. he's expected to speak about the

economy and push the so-called buffet rule at an event in the nearby town of eleyria. interestingly he started calling this the reagan rule in recent days referring to a 1985 speech in which president reagan called for everyone to pay their fair share. is it a fair comparison? michael reagan is a political consultant and the chairman of the reagan group. the president continues to push this. even though it did not get support in the democratically controlled senate but the president continues to maintain that we need more fairness in our tax code, michael, and he says if you don't want me to call it the buffet rule, warren buffett he claims pays a lower rate in taxes than his secretary, i'll call it the reagan rule, because he came out and said your dad pwurbd fo pushed for the exact same thing. >> you really want to hear me scream. you really want to hear me go -- [screaming] megyn: why are you doing that? >> i am so tired of barack obama

lying about my father in trying to pass his piece of the legislation. he dresses newspaper a new set of clothes every week. he dressed up as warren buffett, went to the senate, they turned down the buffet rule. now he's going to dress himself up as ronald reagan and try to tell the people something about ronald reagan that just is not true. ronald reagan was talking about lowering the effective tax rate on every working american in the united states of america. at the same time he was talking about closing the loopholes for all those tax deductions. that's what he was talking about. he wasn't talking about raising taxes on wealth thaoerbgs he w wealthy, he was talking about lowering everybody's taxes. for barack obama to once again take this out of context and play the ronald reagan card to try to get people to support his positions is just a bold faced lie. megyn: he came out specifically and talked about a speech your dad gave in 1985, this is

president obama saying he gave a speech where he talked about a letter he had received from a wealthy executive who paid lower tax rates than his secretary and wanted to come to washington and tell congress why that was wrong. so this president, meaning your dad gave another speech where he said, that was crazy, that is a quote, that certain tax loopholes mailed it possible for multi-millionaires to pay nothing while a bus driver was paying 10% of his salary. that wild i'd socialist tax hiking class warrior was ronald reagan, is that not the case? >> that is not the case. it was taken out of context of the dynamics of the speech he was giving. what he was talking about is those loopholes. let's close the loop hose, not raise taxes on millionaires and make them pay an effective rate 30% more if indeed they are millionaires or billion heirs. it was about lowering everybody's tax rate. look at ronald reagan's history as president of the united states. he was lowering the tax rate in

1981, largest tax decrease in american history. he knew by lowering the tax rate not only on the investment taxes, capital gains taxes and of course your earned income he knew that would be a job creator which is exactly what it was. that's what he wanted to do and that's what he was talking about. barack obama is talking about, what, he is talking about raising taxes on the wealthy, as if that is going to be doing something for the deficit. isn't it interesting, he's never mentioned what he'd do with the money and he certainly wouldn't pay down a deficit which he has helped absolutely balloon out of sight in the last three years. and so, again, taking it out of context, trying to make believe that he is in fact ronald reagan. that is as stupid as when he went to ireland to pretend he was irish. megyn: you know, the president it came out earlier this week or late last week that the president actually pays a lower rate than his own secretary, or at least did in 2011. do you think people are less inclined to listen to him when he is taking advantage of these

have tax laws that he is condemning for the rest of us? >> yeah, isn't that just normal? of course they always talk, look at joe biden gave 1.5% to charity last year, charging secret service for rent on a building that they are renting on his own property. it's interesting what the liberals will say and what they actually do. what really upsets me is the fact that barack obama is trying to also go around and tell people ronald reagan would not be supportive of the paul ryan plan. ronald reagan would be applauding paul ryan for the direction he is taking this country. another upsetting thing is that the mainstream media refuses to tell the truth about any of this at all, and leaves it to you at fox news, thank god. megyn: michael reagan, thanks for being here. >> thank you. megyn: we'll see you soon. well a fascinating look today at a critical moment in the murder case against george zimmerman. what happens if the judge in this case rules that zimmerman shot trayvon martin because he

feared for his life? dr. keith ablow will join us shortly on that critical flight or fight moment that this entire case could come down to. plus, a part wrenching case in connecticut, an elderly woman buries her late husband in her backyard and eight years later she is defending that decision in the highest court in the state. >> chester began to push me and push me and say, you've got to dig him up, and i dug my heels in, because really i'm not a big -- i'm not an aggressive person, but i am a fighter when it comes to it. only $79.99 for a lucid by lg ? 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."

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up before the connecticut supreme court today involving a

backyard burial. an 82-year-old woman now fighting to keep her dead husband's remains buried in the couple's backyard, behind the same home they shared since 1968. trace gallagher has more on this dramatic story, trace. >> reporter: elise piquet buried her 85-year-old hundred christopher back in 2004. their plan was to be buried side-by-side in chester, connecticut, south of hartford, but the four ceremonies in town were all full. she hired a licensed funeral director, and she buried the husband in the backyard of their property, right? the town says that is a zoning violation. she admits she didn't get a permit but she didn't think she needed one. she says the house has been there since 170o it has six acres and there are other people buried on the property. the down wants her to dig her husband up and she says, no. listen. >> chester began to push me and push me, and say, you've got to dig him up, and i dug my heels

in because, really i'm not a big -- i'm not an aggressive person, but i am a fighter when it comes to it. >> reporter: the town says she could have gone to the zoning board to get this whole thing resolved, instead she went to court, a superior court ruled in favor of the town. but an appeals court ruled that it reversed the pier yor superior court, and now it is in the hands ever the state's supreme court. she is confident she will win and if she does win she has got one more wish. >> when i die now i shall be cremated and have my ashes scattered up there. and i hope there will be no more trouble. >> reporter: if she loses, well there is always the possibility she can go back to the zoning board and see if she can get a variance to keep her husband buried in the backyard. six acres, by the way back there and he's under a bench on the north 40. megyn: once you've heard they have other people buried back there it's not like some small residential community where she

did something nobody expected. >> reporter: it's not like she buried him on the driveway. megyn: am i the only one who feels uncomfortable discussing these things? i don't like to be confronted with my own mortality, that's what i think of with these stories. >> reporter: you'll never by, mk. megyn: thanks for telling me that. but it's not true. coming up g.o.p. candidate mitt romney going on offense now warning of a conspiracy by some of the mainstream media, and on the left to sink his campaign against president obama. is that true? we'll have a fair & balanced debate next. plus stunning new video from iran raising serious questions about president ahmadinejad and his hold on power. look at this. these are not fans and you won't see this anywhere else. stay tuned. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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megyn: fox news alert, the white house reported moments ago that the president today called billionaire investor warren buffet about his diagnosis of prostate cancer. the 81-year-old tycoon announced the diagnosis yesterday saying his condition is quote, not life threatening. the two spoke briefly and president obama wished him well. new questions today about the

role of the mainstream media in the presidential election. republican candidate mitt romney going on the attack on this issue telling a conservative radio host that a conspiracy is brewing in the media to try and derail his campaign. instead of putting the focus on issues that really matter. listen here. >> there will be an effort by the, quote, mass left wing conspiracy to work together to put out their message and attack me. they are going to do everything they can to divert from the issue people care most about, which is a growing economy that creates more jobs and rising incomes. that is what people care about. megyn: does he have a point? joining knee now monica crowley a radio talk show host. and judy rajinski who serves as communications director for former new york senator john corzine. both are fox news contributors.

my it's interesting to hear him use that term, which of course is the flip of hillary clinton's flop who said it was a vast right wing conspiracy when they went after him for his affair, which turned out to be real. mitt romney, why was he doing that, was that intentional? >> of course it was intentional and he's right. the vast majority of the mainstream media leans to the left. we saw the last presidential election psychknell 2008 that this media by and large and again the vast majority was out there cheerleading barack obama not investigating hispanic citizenship, his backed or past. and we can expect the same thing this time. megyn: do you agree with that that the media leans left? >> listen, depends which media. we are here at fox news -- megyn: i'm talking in general. >> you know what i have a lot of reporters who are friends who are not fans of barack obama, privately who have said that to me so i don't know. what i will say is if you're the president of the united states

you're worried about the media? how are you going to stand up to ahmadinejad? megyn: would you give the same advice to barack obama who spent a lot of hit his first term complaining about fox news. >> i would say that to anyone. if aourt president and you can't deal with the press. >> they are going into a presidential fight with a far left democratic incumbent, barack obama. >> for mitt romney to all of a suddennes sudden exspouse this whole newt gingrich, rick santorum, i get it. he went on breitbart tv and st-rts attacking the media.

the bottom line is people are going to say, wait a second now there are conspiracy theories, you're running for the highest office in the land? what are you doing with these conspiracy theories. do your job. politofact rated 32 facts to be wrong. the problem is he's said so many different things at so many different media outlets that conflict with everything. megyn: you said before the show monica that you thought romney did this well. you said he could have gone one of two ways with this. a way that was successful and persuasive like newt gingrich when he went after the media or looking petty and whiney like rick santorum when he went out of "the new york times." you tell us where romney false. we have ability lit of newt gingrich, and rick santorum. >> i think the destructive, vicious negative nature of much of the news media makes it harden to govern this country, harder to attract decent people

to run for public office. i am appalled that you would begin a presidential debate with a topic like that. [cheering] >> i've been saying in it every speech, quit distorting our words. if i see it it's bull -- [bleep] >> come on, man, what are you doing? >> who is distorting your words. >> you just did by asking me that question. >> you sound upset about that. >> i'm upset when the media distorts what i say, yeah i am. i do get upset. because you knew exactly what i was saying and you misrepresented it. >> here is why newt's approach was effective and santorum's wasn't, venue matters, when you do it in a debate when you have

a crowd of people that got up on their feet and cheered newt, that kind of situation matters and what romney did yesterday going on breitbart tv, that kind of venue matters as well because he's still talking to the conservative base. the other thing that matters here in whether or not it's effective in terms of a conservative attack on the mainstream media is tone. gingrich showed righteous indignation, and went rightful frontal at the media. that worked. romney yesterday did it more out of sadness rather than anger, that worked. and they all kind of do it with a smile. it's like disappointment rather than anger. >> i'm sure he's devastated. >> what santorum did is pure anger and that's why he didn't gain any traction after going directly at that new york times reporter. megyn: do you think this was smart? because i do think it's true that most people on the right think that there is a left-leaning by as in the mainstream media. >> they very well may. megyn: was that smart to him to appeal to that. >> if he wants to appeal to his base. for all intents and purposes the nominee is over.

he's going to be the nominee. he has to appeal not just to the base but to independents and people who actually read the newspapers and listen to the same media that he's criticizing. never a good idea to tick off the entire world's media. megyn: they are used to hearing that. remember at the white house correspondent's dinner a few years ago barack obama stood up and said, most of you covered me, all of you voted for me. he was joking but it's an open secret. >> he may have been joking, the problem is -- yes you're right by and large the media would prefer barack obama to mitt romney not necessarily because of his positions, i think a lot of people are disappointed in him on the right and the left but maybe the way he he approaches them and deals with them. romney hasn't had a press availability in god knows how long. he doesn't deal with the media he tends to lie to the media as the media has pointed out time and time again. which point if you're in the media do you want to deal with mitt romney? he hasn't treated them fairly. megyn: is it true that the media prefers president obama to mitt romney because president obama

makes himself more readily available to them. >> i don't think so. obama hasn't had a press conference for a while also. poll after poll of the washington correspondents and the mainstream media nor decades, this isn't something new with obama shows upwards of 90% of the mainstream media tends to vote democrat and support those candidates. again, this is not a big mystery here. megyn: it makes themselves readily available to the press core. i've got to give you a hard time on that. >> also you have to agree the main team media is heavily biased. >> he avoided this network for months. megyn: he's been on fox quite a few times. >> lately. megyn: you know what a lot of them do, when they think they are becoming the frontrunner sedley they are too good for certain outlets and certain hours of the day and certain programs and they only want to be in prime-time. it's like, go where the viewers are, right? go where the viewers are. >> this is a guy that complained that you were too tough on him and you were very fair.

megyn: i don't think he ever complained. >> he may not have but his campaign certainly did. megyn: no, i don't think the campaign complained either. i think it was somebody at another network that complained that i was too tough on him. he said he enjoyed the interview. >> i'm sure he enjoyed it, right, my attitude is that he's got to deal with the media, he can't isolate himself. he's completely isolated himself. >> he won't. >> he has been. >> he has the right to point out the fact that the vast majority of the main team media reporters and correspondents, those covering him and his campaign are not going to be on his side and are really going to be extra tough. >> i'd try not to cry a river about it. megyn: i am in favor of more media availability. i'm in favor of that. thank you both so much. coming up there was a key hearing in that controversial murder -- killing i should say, it's a question about whether it's a murder. that a judge is going to get to decide. the judge will get to decide whether george zimmerman shot

trayvon martin because zimmerman feared for his life and acted in self-defense, and if the judge concludes that before this ever gets to a jury, this case gets thrown out. up next, dr. keith ablow will help us examine the fight or flight moment this case could all come down to. and those who know this missing soldier say she would never disappear without a word to anyone. how police say something bad may have happened. trace is at the breaking news desk just ahead. >> i texted her and we laughed and joked and everything was happy and everything was on the up and up, that's why this is so out of character. it's not something that was anticipated, it's not something anyone expected. it's not kelli. does aspirin even work on my headache?

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which gels to remove unsexy waste and reduce cholesterol. taking psyllium fiber won't make you a model but you should feel a little more super. metamucil. down with cholesterol. [ man ] when i went to get my first new car, my dad said to get a subaru because they last. ♪ he drives a legacy, but i'm nothing like him. i got the new impreza. maybe i should have picked a different color... [ male announcer ] the all-new subaru impreza. experience love that last ♪ megyn: back now to one of our top stories today. reports out of florida say the judge in the second-degree murder case against george zimmerman is expected to step down today due to a potential conflict of interest. the new judge who is assigned to the case could decide whether

zimmerman shot trayvon martin in self-defense, and the whole case could be tossed out by the judge if the judge so concludes thanks to florida's stand your ground law, without ever getting to a jury. to help us examine the fight or flight moment that this case could come down to we are joined by dr. keith ablow, a fox news contributor. thank you. it is not clear to us whether zimmerman will be permitted to have psychiatric testimony at this hearing although we are told it's been allowed in the past, when he tries to convince this judge not to let a jury get this case and to believe him that he did reasonably fear for his life when he was caught in this confrontation with trayvon martin. how do you get behind that moment into a machine's head the way you would have to? >> well, listen, i think that the idea that you won't be able to present psychiatric testimony would be folly, because even though this is an average man's

standard, what would an average man fear in terms of what would the intensity of that fear be, a average man has had a life history. if mr. zimmerman has had experiences that lead him to feel particularly threatened during fights, that bears on this moment as to whether he reasonably feared for his life. also, of course he has a gun, he's a community watchman. why is that? why is protecting and serving in a particular way resonating to that extent with him? is he on psychiatric medicines? does he have an impulse control disorder in the past? all these things weigh in on did he fear for his life. this man, did he fear at that moment? megyn: a lot has been made of the 911 call that zimmerman made on the night in question, and there was a moment on that tape, there were a few moments, but there was one in particular where you could hear that he was -- you tell me what you hear, what emotion you hear in this exchange here. listen. >> okay, do you live in the

area? >> yeah, yeah. >> what is your apartment number? >> it's a home it's. [bleep] >> oh, crap i don't want to give it all out. i don't know where this kid is. >> do you want to meet with them right near the mailboxes then? >> yeah, that's fine. megyn: go ahead, doc. >> listen, you certainly say anxiety, you'd wonder about fear. with that as a backdrop, if there were then and altercation, and if it is in fact true that mr. zimmerman was attacked from above while pinned down most people, if struck in the face while pinned down would reasonably fear for their lives. and if armed would take action. that is a reasonable man standard. it's hardpressed -- you'd be hardpressed that you're going to somehow measure, well how severe are the blows, maybe i can escape and get up. megyn: a lot of people pointed out that he had a gun, zimmerman

did and trayvon martin did not, he was unarmed. -pbl have questioned the use o unarmed. many have questioned the use of a gun under those circumstances. >> this is an if, if you are on the ground and you feel your exit is blocked in any way, how are you to know whether the next blow whether render you unconscious? you have a gun to protect yourself. the law is there. you can argue with the law, but it's there, it's stand your ground. are you in fear for your life? anybody struck in the face while on the ground should fear for his life. megyn: there is a question, this is a question for the lawyers i want our viewers to know, there is a question about whether you can take advantage of the stand your ground law when you create the circumstances that led to yourself getting attacked, when you follow somebody who is unarmed, when you deem him suspicious, when you get within his eyesight, he sees that you're following him, even if he ultimately, as zimmerman will claim, confronts you, you created the circumstance, and the author of florida's stand your ground law seemed to be

suggesting that in an interview on fox news a couple of weeks ago, listen here. >> this is a self-defense statute, where you defend yourself from violent attack. and you can't just look at the few seconds between these two men on a sidewalk. you look at the total context when you do an investigation of this nature. megyn: he went onto say there is nothing in the statute that authorizes pe pursuit and confrontation. doc, even if zimmerman loses at this preliminary hearing and fails to convince the judge he can take advantage of stand your ground he'll argue self-defense at trial. that is where psychiatric testimony could very well come in at the main trial where you talk about a person's fight or flight instinct at the moment of confrontation, fists, on the ground, punching, someone is yelling help, that will all come out, who is who, but someone like you might be critical at that moment at a trial. >> absolutely. as it should be. and the bottom line is, if you listen to the 911 tape here is a

person who is unwilling, seemingly, to state where he lives. he's that afraid of whoever he's following. it's not like he's stalking an innocent. he perceives this person as dangerous. that can be said from that. he perceives that there is a danger and a risk, he doesn't even want the person to know where he lives, and then if he is on his back, if, and he's being bloodied, well, wouldn't a reasonable person fear for his life? it's a terrible thing that anyone died, but anybody in that situation would say, i have no idea if i'm going to die here tonight. megyn: so many questions about how this will wind up. dr. keith ablow, thank you very much. >> megyn take care. megyn: an army medic vanishes last seen leaving a local bar saturday morning. trace is up next on why the story is getting national attention. stay with us. wake up! that's good morning, veggie style. hmmm.

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megyn: fox news alert, brand-new information just coming in. police now say a missing fort bragg soldier could be in danger. 23-year-old army medic kelli bordeaux last seen early saturday morning when she was given a ride home from a local night spot. we are getting word of mysterious text messages. trace gallagher has more. trace. >> reporter: we are also learning, megyn that first class private kelli bordeaux actually got a ride to that bar. it's called the froggie bottoms bar, and she was drinking and playing karaoke during the night. she apparently got a ride home at 1:20 from a bar employee. her mother says that kelli bordeaux was spooked on the way home and told the driver to let her out before she got to her apartment complex. the mother does not believe she actually made it home to her apartment complex, but we have no idea how the mom knows that, because they haven't released

that part. but at some point here is what you were alluding to. kelli bordeaux sent out two text messages. police won't say who they were sent to, one of them said, and i'm quoting here "got home safely." here is police. >> our investigation has revealed some this point cellphone records from miss bordeaux's telephone were pinging off the cell tower along the north ramsey street corridor. >> reporter: now bordeaux was not reported missing until she failed to show up for duty on monday morning. she is married, and her husband was apparently in florida over the weekend, because he had to come back for the search. police and the family believe that she is in danger. here is the sister. >> police just return my sister. i have a 3-year-old son, kelli is the moon to him. >> reporter: kelli bordeaux is 5 feet tall, weighs 99 pounds, hrat seen wearing a pink halter

top and black shorts. megyn: trace thank you. it could be an unprecedented case and it is developing right now. republican senators actually suing the president of the united states for violating the constitution. we'll explain. plus, the secret service is questioning rocker ted nugent over we said about president obama this weekend. "kelly's court" looks into whether charges are possible. a stunning video out of iran that could spell big trouble for mahmoud ahmadinejad. these are not supporters. that is next.

megyn: fox news alert on stunning home video leaked out of iran showing angry crowds

targeting ahmadinejad. in a cell phone video posted online in what appears to be a source popular with iranian dissidents. watch some of this. you can see the crowds swarm ahmadinejad's car. an elderly man in the beginning you could hear him screaming ahmadinejad's name. then a woman gets on the car and lectures him. this rare protest in the hard line nation raises questions, even as iran continues to pump money into its nuclear program, how the people feel about their leader. what a thing to behold. >> reporter: it's a unique window into iran's imploding

economy and the despair and anger of people confronting ahmadinejad. the car why i ahmadinejad is driving. an open car. it's blocked. the crowds around here are shouting, we are pensionless, we are starving, we are hungry. the young woman manages to get on the car. she confronts ahmadinejad face to face. she is shouting at him. megyn: a woman in iran in ahmadinejad's face on the roof this car. >> reporter: that's a brave young woman. that crowd is an angry crowd. that tells you about the state of iran's economy and the december stair of the people. that's not an easy thing to could. this is the leader of iran, a brutal guy, and they are out there shouting in his face, we are hungry, we are pensionless.

megyn: is this evidence that the economic sanctions are having some impact? >> reporter: it's hard-core evidence that iran's economy is imploding. you can come up with all the statistics in the world about how much less oil they are selling and how much less money they are getting back. but when you see video like that, people shouting directly at the leader, we are starving, we are hungry. that tells you about the real state of the economy. this is a very interesting window. i think it's quite unique into the real problems onto the streets, on the ground in tehran. megyn: new testimony from the admitted mastermind of a foiled terror plot targeting new york's subways.

he says al qaeda taught him how to mix chemicals found in nail polish remover and other products sold at beauty supply stores. he's testifying for the second day at the trial of one of his coconspirators. plans to deport bin laden's family from pakistan hit a snag. pakistan has not issued the necessary authorization for them to leave. he does not know when that is going to happen. they were detained after the terror leader was detained and they were convicted of illegally entering pakistan. a final decision on their destination will be made once they get authorization to leave. a fox news alert on photographs that appear to show american troops in afghanistan posing

with body parts of homicide bombers. president obama is calling for an investigation as the white house condemns the photos published today by the "l.a. times." the white house press secretary jay carney adding that the white house is quote very disappointed over their publication. leon panetta just apologized over the scandal. >> i strongly condemned what we see in those photos as has general allen. that behavior that was depicted in those photos absolutely violates both our regulations and more importantly our core values. this is not who we are, and it certainly is not who we represent when it comes to the great majority of men and women in uniform. megyn: we have chosen not to show the pictures. they are online and many places

now. but originally published by the "l.a. times," reportedly taken two years ago in the wake of attempted attacks on our troops. now there are fresh concerns these pictures just published could fuel a new wave of anger on the streets of afghanistan and endanger american lives over there in particular. joining me now retired lieutenant colonel raffle peters. author of the book, pain at gettysburg. you have panetta, the white house, general allen, the top man in afghanistan weighing in and condemning the photos. they are very graphic. we are not going to show them. the pentagon reached out to the "l.a. times" and said please don't show them, you will endanger the lives of american troops. the "l.a. times" thought it was fine to show them anyway. we made a different decision. >> there is a terrible scandal here but it has nothing do with our troops in combat.

the troops escaped a suicide bomb. bad judgment, took some dumb pictures and no terrorists were harmed in the taking of those snapshots. the real scandal is the "l.a. times" desperate to survive creates a scandal, publishes the pictures over the pentagon's objections. the establishment media jumps on the chance to trash our troops. our leaders out of uniform rush to condemn our troops. i suggest the white house spokesman jay carney join the military and see what it's like before he con deputies our troops. i'm especially appalled those in uniform, general allen just jumped to trash our troops. look, he needs to mutt in context -- make it the greatest generation sent japanese skulls home to their girlfriends. i'm not condoning it. i'm trying to make the pin that

our soldiers are under tremendous stresses. war is not a ladies auxilliary tea party. it's too easy for people in los angeles and new york or the white house to condemn the troops. they should have been given letters of reprimand and moved on. if our strategy and doctrine is so weak that it can be so shattered by a few burning korans or few photographs of dead party parts of terrorists, that's not much of a strategy or doctrine. i'm furious, not at the troops who did something dumb. but at moral cowardess of military leaders. as a 22-year-old former enlisted man and officer i'm angry. general allen needs to get it through his head that a leader is responsible for everything his troops do or fail to do. that's the military code.

don't blame it troops out doing the tough work. blame the generals whose strategy has failed, the cowardly white house and the establishment media that loves to trash our soldiers and marines. megyn: general allen said the behavior was inconsistent with the values of the u.s.-led coalition in afghanistan. ryan crocker called the actions morally repugnant and defense secretary panetta says he strongly rejects the conduct depicted in the 2-year-old photographs. these are not prisoners. niece were suicide bombers. they were trying to kill our troops by blowing themselves up. the exploded bodies with which our troops are posing were exploded by the victims themselves. by the after beganies trying to take -- by the afghanis.

it's not that we took lives and were cavalier about it. >> how would your viewers feel if a suicide bomber tried to blow them up and failed? i do not -- i do not condone what the troops did. it was wrong. but, megyn, by historical standard our soldiers and marines today are the best behaved in all of history. they are amazingly well behaved. the stresses of a decade of war. the reflex passion of our generals is to leap out and say our troops are so awful, they are so wicked, this isn't us. we have to respect afghan culture. general allen is not threatened by suicide bombers. he's safe in his multi layered fortresses. those troops out patrolling every single day risk life and limb and are under incredible

stresses that our sma toe generals don't face and the white house doesn't face. what the troops did was wrong, it was dumb and it was the media that made it into a scandal. look, i'm behind the troops. now, i'm not going to pander to any morally cowardly general whose first instinct is to trash our soldiers. get over it, general allen. megyn: the "l.a. times" did report this brigade lost 35 men around this time, at least 23 were killed by homemade bombs or suicide bombers. obviously as you would expect there was a history there, and there were some real emotions there. these are real people underneath these uniforms who don't always do the right thing. thank you, sir. we are taking your thoughts on it now, let me know on twitter how you feel about it at megyn

kelly. it could be an unprecedented case developing right now. republican senators suing president obama for violating the constitution. up next. the arguments on both sides. they say he did it to help big labor. and this newborn just three days old when someone killed his mother and kidnapped him. now a shock twist in the case. wait until you hear who police just took into custody. plus right now it looks like mitt romney will square off against president obama in november. some political watchers say we could be witnessing the nastiest presidential campaign we have seen in modern history. have we passed the point of no return? >> the democrats are running the most devisive campaign on race, on ethnicity, on class, and on gender. it's going to be the dirtiest campaign you have ever seen. this is $100,000.

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megyn: new reaction to a showdown over what some consider an illegal power grab. senate republicans joining a lawsuit that challenges white house recess appointments to the national labor relations board. the contention is he stacked the board to benefit big labor an did it when the senate wasn't officially in session. even though the senate was technically in session. senator mcconnell suggesting the president violated the constitution. the lawsuit was filed by a company that god an adverse ruling. now the senate republicans have jumped in on the action. joining me to discuss it, julian

epstein, former legal counsel for the judiciary committee and the essential complaints of the republicans is the senate was not in recess. so you can't make a recess appoints in the nlrb. >> this is the typical checks and balances. this what is the constitution sets forth. there are two things that are important. the senate gets to set its rules. in this session they were in pro forma sessions. number two, they are not in recess. when they are not in recess the president does not get to make recess appointments because the constitution requires advice and consents of the senate when they are in session. under president bush when the senate went into pro forma sessions he stopped making recess appointments because he respected the the constitution

that provided you can't make a senate appointment when the senate was in session. the president can't override the rules because he feels like it. megyn: he wasn't going to get these nominees through. the republicans weren't going to approve of these guys. so he waited until the senate was looked like it was in recess and made recess appointments. but the lawmakers came back and said no, no, no, we weren't in recess. we mad pro forma. julian, how is this likely to be resolved in a court? >> i think there is no chance this will be thrown out of court. the justice department when obama made the recess appointments relied on a justice department opinion which in turn relied on an opinion from bush's attorney general mr. gonzalez which basically said when the senate fit is in pro forma

session such that it is not available -- megyn: it's not a real session. >> it's a pro forma session where they come in for a success seconds a day with the express purpose of trying to prevent the president from making a recess appointment. gonzalez says if the senate is in only for a couple seconds a day and is not available to perform the advice and and conoo. president obama has only made 29 recess appointments compared to george bush who made 171, compared to ronald reagan who made 243. the president has exercised his recess appointment authority very conservatively. >> there is a big difference. when president bush made recess appointments the senate was in actual recess it was president bush who stopped making recess

appointments during these so-called pro forma sessions. during these sessions major pieces of legislation were agreed on including the budget that kept the government operating. megyn: that will play out in the courtroom. julian, if the court agrees that the senate was in session and president obama should not have done these recess appointments, what happens to this nlrb, to these three recess appointments, what happens to all those decisions they have made from that time to this. >> that's an interesting question because we haven't faced that situation before. my guess is if there was a decision by the court about the legitimacy of the appointment, the court would then have the authority to direct that the appointees to the national labor relations board get proper

senate canadian fir nation and whether there are binding decisions that would be up for something the court could potentially review. i don't think we'll get there, though. to go back to jay's point about the bush administration. whether the bush administration used the recess period to make recess appointments, it was the bush administration's justice department position that if the senate was in for only a couple seconds a day -- megyn: president bush rejected gonzalez's position on that because he didn't do it. >> the president, president bush made the determination after reviewing the various legal issues that he was not going to utilize his authority as a recess appointment. megyn: before we go, i want to ask you this, jay. how significant would this be to corporations in particular who don't like these three recess appointments who think the back

is stacked -- who think the deck is stacked against them. have these three people got to go? >> i think it's a win for the corporations and the american people. the proper constitutional authority is followed. if in fact the court holds these recess appointments were inappropriate, i don't think there is a lot of debate what happens. any action taken by a body that wasn't put in place legitimately is an illegitimate order. i think it would be out. it would be out avoid at the time it was issued, period. megyn: thank you both, good debate as always. ted nugent made some controversial remarks about president obama. he says the secret service is going to question him tomorrow. "kelly's court" has the tape and the legal arguments just ahead.

megyn: fox news alert. we are 30 minutes away from a news conference on a shocking story in texas. a registered nurse is charged with capital murder, accused of fatally shooting a young mother. police say they snatched the woman's 3 day old son and took off. >> reporter: police are saying the suspect admitted she shot and killed golden and kidnapped her 3-day-old son. here is the thing. she says the plan was to kidnap a baby, any baby and that kayla happened to be in the wrong place at the wrong time. she was walk out of a pediatric center. police say verna approached her. they argued. the mother just put her son in

the car seat. verna pulled out a gun and fired 7 shots, then grabbed the baby. here is police. >> reporter: the child was put into the suspect vehicle. that's when the mother tried to get into the car and the car sped away knocking the lady to the ground. >> reporter: even though she had been shot she was still trying to get to the baby. >> that's my understanding. >> reporter: the mother of kayla golden says that the hardest she ever fought. she died trying to save her baby. they found the bloody lexus. police say there could be other arrests coming in this case. because there was a man, unknown man also inside that lexus. the baby is fine. he has been trowrnd his far it and two siblings.

police will hold a news conference on this story with new information at the top of the hour. megyn: trace, thank you. hold on tight. it will be a bumpy ride on the campaign trail all the way to the white house. up next, why some analysts are predict can the campaign between president obama and mitt romney could be one of the nastiest we have ever seen. >> i would say hide the children and check the plumbing because you are going to have to shower several times a day. occasional , diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'. delicious gourmet gravy. and she agrees. with fancy feast gravy lovers, your cat can enjoy the delicious, satisfying taste gourmet gravy every day. fancy fst. the best ingredient is love.

megyn: we have live pictures from ohio where president obama will take to the microphones any moment to make what the white house calls remarks on the economy. remarks that will sound like a campaign speech. you can watch those streaming live on foxnews.com. on the o'reilly factor last night charles krauthammer warned the changes in this election cycle will be significant and we are going to see a back and forth that is likely to get so dirty people will need to shower two to three times a day. he also predicted the themes we are seeing now, the mommy wars, the attacks on class, et cetera, are just the beginning.

>> negative campaigns can work and we are getting a taste of it right now. the republicans, romney, the war on women, the war on immigrants, the war on blacks and it's also class warfare. the war on the middle class comforting the rich and making sure they don't pay their fair share. the hypocrisy of course is that obama shot to national consciousness by giving a speech in which he said he would unite red america and blue america, year not black america, white america, we are the united states of america. the democrats are running the most devisive campaign on rise, ethnicity, class and gender. it will be the dirtiest campaign you have ever seen. megyn: joining me christopher hawrn and chris plante. is there a difference between

what barack obama promised and the rhetoric he used in that famous convention speech that shot him to fame and the way he's running his campaign now? >> i think he's running a very positive campaign so far. but i want to remind him that hans solo shot first and he shouldn't be afraid to shoot first. what's coming at him will be a barrage of negativity from the right. it's time to take them out with their own medicine. i would not hesitate for one bit to call them out on their hypocrisy and point to the fact that they have not succeeded in changing this nation and making it a better place and they blocked every attempt to get this necessity comofg again. so the president can do both. he can be a uniter, by also has to defend himself. megyn: he came out just in 2008

and said our whole campaign was about changing the view of politics. that devisive view and he said you can get elected by playing it straight and doing the right thing. is that inconsistent with, you know, what charles krauthammer says, chris plante? >> charles krauthammer as usual is precisely correct. it will be attack, attack, attack and play the victim all the way to election day. i don't know if they have enough slings and arrows to keep this going until election day but they will try. the president did run on hope and change. he governed on fear and crisis, now he's running for reelection on divide and conquer. gallup has a poll that shows this president is the most polarizing president we have

ever had. they have nothing to run on. so they must attack a decent man who had never eaten a house pet. >> he had him on top of his car. >> but he didn't eat it. chris, there is race wars, class war, gender war. we have a war against the catholic church and between the branches of government and it will be the billion dollar slime machine. megyn: i want to show the viewers. here is barack obama an ascending star in 2004. >> even as we speak there are those who are preparing to divide us. the spin masters, the negative ads who embrace the politics of anything goes. well, i say to them tonight, there is not a liberal america, and a conservative america, there is the united states of america [applause] megyn: the way he made people

feel that he could change politics. that if he came to washington, he could unite us. he could get us past these partisan divisions. is it still there, do people feel that way when they see him and listen to him, chris hahn? >> i think they do. there is a certain segment of this population that there is nothing he could do or say to convince them of anything. so he has to play the game that's in front of him. we all know how mitt romney won this primary, by outspending his opponent 9-1. and 90% of that spending going to negative attacks. mitt romney changes his position every day and is not afraid to say the most vial and disgusting things about his opponent. this president should fight fire with fire and come back at him with everything he's got. megyn: fighting fire with fire, does it disappoints people who

believed maybe there was a chance of something different. >> he contributed to the fundamental transformation of america from a relatively cohesive country to a polarized country. chris, i want to point out, all you are doing is attacking mitt romney. the president has not passed a budget in 1,200 days. the president its going to check out on january 20, 2013, having signed one budget. accomplished almost nothing other than a healthcare takeover of 1/6 of the economy. >> i'm sure he will pass a budget by 2017. he will pass a budget. you and i both know you are a conservative and you are not even excited about mitt romney. how is america going to be excited about mitt romney. megyn: it's not about whether mitt romney or barack obama

excite anybody. this is whether we'll be in for a bloodbath in terms of the mudsling and ugliness we'll see between these two contenders. what a turnoff that is to the american people. >> it's a turnoff, but it's where we are unfortunately. i agree with you, this is a disappointing point in our history. but the president can't unilaterally disarm and he knows mitt romney is coming after him. megyn: barack obama may have promised different, but if he's take incoming that's negative is he supposed to say i'm take the high road? >> i can go down the list of every attack the democrats have launched. they can on attack. it's all they have. they don't debate, they attack. >> what do the republicans are

positive to talk about. >> they are not obama just for openers. >> except for mitt romney went left of obama when he was governor. let's judge him on that. >> i guess the independents and moderate will be willing to move over and the reagan democrats will become romney democrats and barack obama will be pounding the pavement looking for work. >> they don't trust him because he lies. >> trust in obama, they go together like ham and eggs. >> with obama you know who he is. megyn: thank you. coming up next. rocker ted nugent turned up the volume on some comments about obama and those remarks are getting the attention of the secret service. did he cross a legal line and could and should he face charges for what he said? that is next in "kelly's court." >> we are patriots.

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or visit your local liberty mutual office, where an agent can help you find the policy that's right for you. liberty mutual insurance, responsibility -- what's your policy? megyn: the secret service has plans to meet with rocker ted nugent after he went on a rant at an nra meeting using colorful language about president obama. >> reporter: nugent says he's meeting with the secret service, but we can't confirm that because secret service hasn't said anything at all. when he spoke at the nra conference in st. louis, it was a long speech, very controversial statement. here is part of that. listen. >> i tell you this right now. if barack obama becomes the president in november again, i will either be dead or in jail

by this time next year. our president and attorney general, our vice president, hillary clinton. they are criminals. they are criminals. and if you take that adamant we the people defines. we are americans because we defied the king. we didn't negotiate with the king. we defied the emperors. we are patriots. we are brave heart. we need to ride into that battlefield and chop their heads off in november. >> reporter: the democratic national committee and the obama campaign are demanding mitt romney denounce the statement. white house press secretary jay carney saying they won't be policing statements of supporters across the board. ted nugent, not back off these one bit.

in fact he's going on a conservative radio talk show fanning the flames. he says he would not threat on harm anybody, by went on to say this. listen. >> a black jew at a nazi clan rally. there are some power abusing corrupt monsters in our federal government that despise me because i have the audacity to speak the truth, to identify the violations of our government. >> reporter: ted nugent says he's excited to meet with the secret service base says he knows those guys, he trains with those guys and he hunts with those guys and he's looking forward to sitting down and hashing this out with those guys. megyn: trace, thank you. "kelly's court" is back in session. on the docket, ted if you gents did he cross a legal line? lis weihl and joey jackson.

lis? what is the argument he crossed a legal line. why is the secret service meeting with him. >> that there was an intent to threaten the president which you cannot do. megyn: by saying i'll tell you if barack obama becomes the president again in november i'll either be dead more jail. >> that's the critical thing. what they will have to do, at least a chat, the secret service will have to say when you said that did you mean to imply or say you were threatening to kill the president and that's why you would be in jail? if nugent says yes, that's what i meant, then they have a case. if he doesn't, i don't think there is enough there. megyn: joey, what is the standard? is it unlawful to make a threat -- i'm not going to utter the words on national television. but to threaten the president verbally without more?

is that a crime? >> no, it's not. it has to be willful and knowingly and you have to have the intention to do something to the president. i'm not suggesting his comments were appropriate at all. he has the views that he has and that's his view. but the bottom line is we are a great country because of the fact that we are tolerant of different position and views. there is a strong distinction between political hyperbole. but at the same time you can't cross the line. did he cross it here? legally he did not. there has been a statute on the books for 95 years. it's a felony, you get five years or threatening the president. but you have to do more than to say what he said. was it even a threat? i don't even know if you can con street as a threat. megyn: you have to look at the overall context how a reasonable person would respond to the remarks.

is there any argument here that a reasonable person would not believe ted nugent was threatening the life of president obama in front after roomful of people? >> that statement could be taken a couple different ways. i'll be dead because i'll be so disgusted. he didn't say because i will kill president obama. i don't think they would have a case right now. megyn: why are they wasting time talking to ted nugent. >> if a 14-year-old says that to a school buddy the secret service will be there. megyn: why is that the case, joey? nobody wants anything to happen to our president. but speech is very protected in this country. the first amendment is one of the bedrocks in the bill of rights. and without more just words, is it okay to criminalize them? >> it's not. but as you rightfully say, you have to view everything in context. if you look at the context here,

it's a political speech. he's saying things about the president and he's entitled to that. why he would get a visit from the secret service. you have to make sure he doesn't have any intentions. that he's not going to carry this out in any way, shape, form. while i don't like the comments, it's part of our democracy. it's part of who we are. i think we'll hear this and more as the campaign heats up. megyn: even though we prize free speech, we also love our president. even though our viewers may not love this president's policies. we as americans love the presidency. we don't want hyperbole against him and therefore the secret service has to do its job. >> they have to investigate any threat, even something like this that has no validity to it. it's nugent ranting on. they have to check every threat. megyn: you have to be careful when you make comments. even though you may not be

planning on doing anything, a lot of people are listening and not everybody is stable and some people get ideas. you have to be careful when using violent hyperbole. >> you can't incite violence. that's it. you can't incite violence and yell fire in a crowded theater. megyn: he would have to say more than this both in terms of a threat from him and incitement. >> he would have to. we expect from our leaders their discourse would be somewhat civil. there are democrats that are staunch liberals. but can't when all just get along? people will say what they say. we have to respect other people's views and not make threats against the president. megyn: a big day for a retired couple in a tiny illinois town. we know who won. are you receiving a payout from a legal settlement

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megyn: retirement just got easier for one lucky couple in illinois. merrill and pat butler needed $3 and a dream. one of those dollars won them a third of the largest mega millions jackpot in history. mike tobin has the latest. >> reporter: merks rle is funny, he says he feels like he wasted $2 because one one of the numbers won. they will go home with $111 million. the most amazing parts of this story. little town, 3,700 people. everybody knows the butlers and they kept it secret until today. >> one of the people i know in the bank is a was walk in the door to put this in a lock box

said i guess you came over to put your ticket away. i said yes, i won the thing and laughed it off. and she doesn't know until right now that i really had that ticket. report are said he was watching the late newscast. he scribbled the numbers on a piece of paper and told his wife we won. he said really, we won. then she bigled for four hours. they have grandkids. he is a vietnam veteran. they are members of the local church. the buzz is this is the kiengtd of people you want to see the lottery. megyn: how did they manage to keep it a secret. >> they told only five people, most of them were lawyers and financial managers. they kept it quiet until the last minute. any time somebody would approach merle about it.

he would say sure i'm a big winner. megyn: what do they plan to do with the money? >> reporter: they set up a number of accounts, they are making sure even their grandkids will get some of this money. these are the kind of people you want to see win the lottery. it seems they will be happy when this is said and done. megyn: i hope so. there is a history of problems with lottery winners. but we wish all the best to that lovely couple. mike, thank you. don't go away, we'll be right back. alyour important legal matters in just minutes. now it's quicker and easier for you to start your business... protect your family... and launch your dreams. at legalzoom.com, we put the law on your side.

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management jt sent over these new technical manuals. they need you to translate them into portuguese. by tomorrow. [ male announcer ] ducati knows it's better for xerox to manage their global publications. so they can focus on building amazinbikes. with xerox, you're read for real business. >>meg: our viewers are going nut over the interview at top of the hour. love to hear what you think. thank you for watching, everyone, a pleasure to be with you. "studio b" with shepard starts right now. >>shepard: there is breaking news now on "studio b" and we are waiting for a news conference set