support. "the washington post" publishes a lengthy story about mitt romney allegedly bullying a high school classmate back in 1965. and some say that classmate was presumed to be gay. governor romney immediately apologized for any wrongdoing or pranks and said he could not remember that specific incident. late yesterday the primary source for the story admitted he was never there, and did not remember the incident. the alleged victim passed away years ago. this is a picture of him. but his family is now speaking out. according to abc news the sister of this alleged victim of romney's bullying says she has no knowledge of this story, and says that if he were alive today he would be furious about this reporting. another calls the portrayal of her brother factually incorrect. all of this raising serious questions about the original

reporting by the post. chris stirewalt is our fox news digital politicsed tore and host of power play on foxnews.com. the post came out with this online on thursday. they say they delayed putting it in there hard copy version until today, because they did not want to juxtapose a position of, you know, mitt romney coming out or allegedly bullying somebody versus barack obama coming out in favor of gay marriage, but this is the post today. and you can see this is the story. i mean, it's the magical background behind me, apologies for the distraction. chris styl stirewalt. why is the post doing a front page article about mitt romney 45, 47 years ago for? >> especially since it is exactly in the theme that gay right activists almost all of

whom are proponents of same-sex marriage say is at the core here, that they want to empower young, gay people so that they don't have to be bullied and here is this story casting romney in that very role. it is as rough and tough a piece as you could think about, writing about a guy who has led essentially a very boring, very squeaky clean life that you have to reach back 45 years to high school to find this thing that is obviously now we see not a cut and dry case, if you'll pardon a bad pun, not something that is agreed upon by all involved. for them to reach back and do this prompts its own questions. if i can say this other thing, megyn, "the washington post" seems to note understand the internet. they put that story out on the internet at the same time that they were doing it and then said but we are not going to put it in print because we don't want it on the same front page as a reference to an editorial praising obama for his stance on

gay issues. well, you know what, the internet is already out there. it goes out at the same time. i hate to inform "the washington post," but that is kind of how it works. megyn: yeah li literally we are talking about 47 years ago. the headlines in the post, look where this is in the paper, front and center in the fold and the headline is romney's pranks could go too far. they talk about what he allegedly did when he was 17-years-old, chris. i ask you, you know, as somebody who has been in the newspaper business, our viewers may not know for a while, you put something out there about somebody's high school behavior, i mean would any -- would any -- i know politics is an ugly sport, but would any of us want to be judged by the way wiebe haeufd in higwe behaved in high school. >> lord, no. conservatives and peps complain that more attention hasn't been paid to barack obama's high school years and he described them himself as drug use and

rough behavior and not pleasant things, and they say, well where is the evenhandedness? think about it in these terms. by and large voters who are making up their minds could careless what these guys did when they were in high school. that is not what drives a voter's decision, and to reach back into so far back in time it opens this question of, why? to what end? for what purpose? megyn: how do you combat this as a politician, i mean in the post defense if they really wanted to go off mitt romney i suppose they could have done this a couple of days before the election, and it's such a lengthy piece, if you print it out it's over ten pages, they had to have been working on this for a while. i mean to be a real conspiratorial theory and believe that, oh, barack obama suddenly without 0 prior announcement gave an interview to robin roberts of abc news, we've got to get a story on him allegedly bullying a gay student back in 1965, that doesn't wash,

that doesn't make sense. if they really wanted to hurt him they could have heultd unt held it until november? >> there is plenty of two conspiratorial stuff out there. look, consider this. i said before the post doesn't understand about the internet. here is another way the post doesn't understand about the internet. this thing started to get fact checked as soon as it was posted online. a story like this might have stood unquestioned for a longtime in the days prior to digital journalism and before newspapers were primary internet enterprises. this might have stood and it might have developed a narrative that was ruinness for romney, instead it got truth squadded right away by romney supporters and conservatives who rushed out there and dug into it and poked holes in it. megyn: many in the media today, i'm talking mainstream media reporting today still is not mentioning the fact that the key guy on whose testimony this is

based now admits he wasn't there, and the sisters of the alleged victim have come out and said, not to our knowledge, and our brother would not want this being reported in this kay. and so there are at least some questions about the accuracy that are not also being added by other outlets reporting the post's front page story today. >> right, because they are still considered a red-check source. people still look to the "washington post," one of the most storied journalistic enterprises in the country as sort of a gold star organization that you can take to the bank. i'm sure that they are not happy today to have this controversy, this furor growing over a story -- this was not a story that was crying out to be told, this was a story that they enterprised and thought maybe it would be interesting and they could get something out of this. and get some eyeballs. at least they got eyeballs but i doubt this is doing a great deal to bouy up their credibility. megyn: it's interesting.

chris, thank you. to sum it up now there are at least three serious questions about this report. how did the "washington post" go to print with a story about which their primary source had only secondhand information? why does the familiar leave the alleged bullying victim now call the story factually inaccurate. and are events of 45-plus years ago fair play in this political debate? if they are, where is the scrutiny on the other candidate's history back when he was in high school? a little later this hour bernie goldberg joins us with his take on this now growing media controversy. well candidate mitt romney out on the campaign trail today holding a rally in charlotte, north carolina. romney says he is trying to shift the campaign conversation from the same-sex marriage debate to what he says voters care most about, and that's jobs and the economy. the location is important because there are rising calls now for democrats to move their big democratic national convention out of north carolina. this after voters there approved

a continue constitution tphal amendment earlier this week banning same-sex marriage and civil unions. coming up, does this pose a serious problem for the democrats, for the president? i mean they've spent tense of millions of dollars planning this democratic national convention where barack obama will be renominated, nominated again for a second term. now you've got over 30,000 people online who have already signed a petition to get this convention out of there. is it going to happen? and what if it doesn't? how does that play? we'll have a fair & balanced debate coming up. new details on a car company that got millions in green energy loans fisker received a $530 million taxpayer loan to build the carma. it's the name of the car not the mood at plant. now investigators want to know if the luxury, battery-powered car sparked a fire that nearly burned down a man's house. trace gallagher live in our west

coast newsroom with more on the karma. >> reporter: this was brand-new, it had the paper registration tags on it. the owner pulled into the garage, got out went in the house and within three minutes the car was in flames. he says he did smell burning rubber when he got out of the car but he never plugged it in and as you see it did very bad damage to the garage and home. these pictures courtesy of autoweek. luckily the owner's family wasn't home at the time but the fire chief investigator says the fisker karma was the source of the fire but it's unclear where in the car the fire began. other experts point to packaging in the engine department. the company released this statement saying we categorically deny any you can stan kwraeuted opinions pointing to the karma's engine packaging as the likely cause. when it happened they sent a team of investigators to look at this. cordoned off the area the fire chief said he has seen homicide investigations that were less

secretive. fisker of course is under a great deal of fire because they took that $529 million federal loan. fisker coming out, we looked in the garage, there were fireworks in there, maybe a faulty electrical panel, but they are continuing to build these cars. they are saying you cannot jump to conclusions here because we aren't sure what the fire is, the fire chief says, we know it started in the car, we are just trying to find out exactly where it started in the car. megyn: thank you. we also have new controversy this hour surrounding one of the most competitive elections of the year. there are new claims that massachusetts u.s. senate candidate elizabeth warren may have exaggerated her so-called minority status. guess where else she was listed as a minority thanks to her great, great, great grandma, possibly being cherokee. we'll take a look at what this means for the campaign and the balance of power in the senate. new developments with what critics call the obama

campaign's enemy's list. our private investigators now trying to dig up dirt on private citizens like this man who donated money to support mitt romney? and a part time gig as an exotic dancer allegedly cost this woman her day job at a prominent newspaper. can she really not be a reporter and stripper all at once? >> i feel that women should not be denied other employment because they have worked as exotic dancers. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies

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megyn: new allegations surfacing today in one ever the most competitive and most watched senate races in the country. new documents show that massachusetts senate candidate elizabeth waerpb, a democrat who is trying to take the seat of the republican senator scott brown apparently listed herself

as a native-american while teaching at the university of pennsylvania, not just while she was at harvard as was first believed. joining me now to discuss it, alan colmes host of the alan combs show, and mike gallagher, a syndicated radio host and fox news contributor. when she worked at the university of pennsylvania she said that, and when she was at harvard and when she received this award at the university of pennsylvania in 1994, for which we are told she got i guess $3,000, and it's linked i guess to her native-american history. you tell me, mike is this a problem for her since she bases this all on her great, great, great grandma who may have been cherokee? >> you remember two the mama told the papa. megyn: that's how she refers to

them. >> she sure does. this is what i call the hallmark greeting card democrat. it's the gift that just keeps on giving. you've got to just hope that she stays in there. the democrats don't get smart in massachusetts and realize they have a whackadoddle. we have so much fun with chief lie a lot. pokafibber. this is so rich. it's the best thing that can happen to scott brown from a political standpoint. surely massachusetts voters will see through this nut job and realize that she -- i mean, and democrats have a long history of lying about their background. look at, you know, the senate race in connecticut, you know, i mean the guy lied about his military background. these guys are just bald face liars sometimes, and chief lie a lot just got caught in it and she is trying to peddle her way out of it. megyn: alan when it first broke that she had listed herself as a

minority, in the harvard directly, and harvard used that minority status to defend accusations that it didn't have enough minorities own its staff and it reported to elizabeth warn and her great, great, great grandmother to explain they do have minorities on staff. this is how she explained she did that. >> i was listed in the directory because i listed it myself. >> when did you stop being listed. >> it was a longtime ago. mostly i was listed because i thought i might be invited to meetings where i might meet more people who would grown up where i had grown up, and it turns out there really wasn't any of that, so that was that. megyn: she wanted to meet more people who are minorities like she is, like a native-american. >> i'm so glad that my friend and colleague, mike gallagher doesn't engage in name calling, that was very classy.

>> thank you. i raise the bar, alan. >> the bigotry over 132nd indian i find remarkable. >> bigotry? megyn: is that a joke. >> i think she's got, as ricky ricardo says, some splaining to do. megyn: that is bigotry right there. >> lighten up you people. megyn: what do you mean by you people? >> everybody. you people is inclusive, diversity. megyn: you tell me alan, if your great, great, great grand parent is black, but you look white, do you get to check the box? are you black? does the employer get to claim you as a minority hire? >> i had indian pudding today i think i'm part indian. i think there is a way to -- i think this could be a teachable moment, in all seriousness we

could do all the jokes and there is a lot to mock here, they are funny. we have to understand what does it mean to be american independent yee. how do the tribes define -- megyn: really? is that what we're going to do? >> i'm simply suggesting, call me a nut job like you did elizabeth warren if you'd like. >> you're a nut job. >> thank you, mike. megyn: this isn't about native person history. this is about whether she was dishonest. >> she's a liar. >> i think she needs to better explain. megyn: and this is a person running for u.s. senate. it matters whether you're honest or dishonest. >> she needs to better explain herself. let me get this point out. megyn: how could she possibly explain herself, mike satisfactorily other than saying what she said? >> how did dick lumenthal say he lied about his military service. megyn: that he misspoke. >> how does the new ceo of yahoo explain saying that he got a degree from a place that never existed. i mean these are character issues, megyn, you're right, and

to do all this cover about people who misspeak about this. these are liars. she is not truthful, everybody knows it, and again, it's great news for scott brown because it's a major distraction, and alan, come on it's a character matter, character counts. megyn: but it's not just about, you know, dishonesty, it's also about claiming a status that we protect and recognize in this country for a reason. i mean there is a reason we afford minorities somewhat more advance or more -- bigger, more protected rights than we do caucasians, and if you're not a legitimate minority and you're claiming to be one that is an issue. >> if i could make this point, that's why i said if i could get this point out that i do think this could be a teachable moment. i think it would be informative to understand what does it mean to be of a particular background or nationality. how would the cherokee nation denine what it means to be cherokee. maybe she could have a dialog

with the cherokee nation as part of her campaign. i think we could use this as a positive rather than simply use is to beat up on somebody for political pwurps and scot political purposes. the scott brown campaign is desperate to find something to throw at warren. if this is all they got they have to do better. megyn: the race is neck-and-neck. everything is an issue. thank you both for being here. big concerns over what may be a lose, lose scenario for democrats. how can the parent who just than endorsed gay marriage personally accept the nomination for president in a state that just banned it in their state constitution? ♪

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toes for a press badge and now claims of gender discrimination at a well respected big city

newspaper. a full-time reporter canned for moonlighting as an exotic dancer. the paper claims she lied on her application for the job. enter gloria alred, trace. >> reporter: well sarah tressel covered high society and fashion for the houston paper. she had an online blog called the angry stripper, another paper picked up on that and ran a story about her and the chronical said she should have disclosed she was a stripper on her job application. here she is now, listen. >> i don't believe that i should have been terminated because of a claim that i did not disclose on my employment application that i worked as an exotic dancer. there was no question on the form that covered my dancing, and i answered the questions on the form honestly. >> reporter: she says she worked her way through journalism school as a stripper and she still does it occasionally to make a few bucks on the side, and to stay in shape.

i guess a couple of turns around the pole is great for your glutes. she also doesn't have a gym membership. she claims that her editors were very happy with her work. now as you see she is with gloria alred filing a gender discrimination lawsuit. gloria says she is fighting for sarah, sarah says she is fighting for other women, listen to both. >> since it's a female-dominated occupation, termination -gs like this would discourage woman from trying to improve their lives. these women should not have to live in fear that once they acquire a position in the ka year that they have worked very hard to achieve that their past work experience as a dancer will jeopardize that position. >> reporter: the houston chronicle by the way will not comment further until they can actually read the entire lawsuit. sarah tressler you see there says she will continue to work in journal is i journalism and

she will also continue to strip on the side. megyn: was it her past work that was a problem or her contemporaneous blog called the angry stripper? >> reporter: i think it was a combination of the above. megyn: like if you wanted to keep it under wraps that is probably not the greatest idea. i see the problem here, which is apparently when you apply for a job at the houston chronicle they don't have the box, were you weren't a stripper, stripper, former stripper, so there was nothing for her to check. >> reporter: right, so in "kelly's court" she wins, she walks away, she wins she gets her job back. megyn: they need more boxes, that is the bottom line. they have to amend the applications now after this lawsuit. trace, thank you. we are tracking one of the hottest -- [laughter] hottest media controversies and we don't mean the angry stripper. [laughter] megyn: this is a big story, that's what i'm trying to say. it involves "the washington

post," and the story about mitt romney, front page above the pole -- above the fold. [laughter] megyn: not above the pole above the fold. it's friday. i showed it to you earlier, the paper. [laughter] megyn: and bernie goldberg is going to show us on this story i brought to you earlier. stay tuned for that, and whatever else is going to happen on this show. and revenge of the trek keys, a pair of star trek mega fans say police violated their civil rights during a travel spot and they are so mad they made a documentary laying out their case. it's very compelling. we'll show you part of it and debate whether they may win this lawsuit. >> you changed lanes, when you come back you had no turn signal or anything on like that. i don't know if you were talking -- >> you can tell at the look on my face that i was shocked,

flabbergasted by what he told me. i'm from out of state and i don't want any trouble. i'm reallyoing to miss you.

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megyn: republican presidential candidate mitt romney just wrapping up a speech to voters in the key battleground state of north carolina. that state has been at the center of heated debate over same-sex marriage this week in

particular. after voters there approved a constitutional amendment banning gay marriage and civil unions this week. the problem? the same democrats that are now celebrating the president's personal endorsement of gay marriage have spent tens of millions of dollars on plans to hold their convention in the very state the who just banned it. well that is a conflict, sally. >> just slightly, maybe. look, the reality is all the talk about moving the convention, it's not going to ge get moved. democrats can look at this as a teachable movement. 14% of north carolina voters. megyn: another one would. >> 14% of north carolina voters turned out to vote on the faith of 100 percent of north carolina's family.

when the president goes down there, obviously 86% of the state isn't decided on same-sex marriage, on marriage equality or not motivated enough to go out and vote in support of fundamental rights. they can use this as a moment to make their case to those voters. megyn: guy, about 15 minutes ago we had a teachable moment about i don't know what, it involved native-american and chest tree and now we are having another one. the question i have for you is, what are the democrats supposed to do? it puts them in a pickle. i understand their position. they've spent tens of millions of dollars organizing this thing. our viewers know you have flight plans booked in a couple of months, that is costly enough to revoke. we're talking about thousands of people that they would have to -- you know on the other hand there are 30,000 people who have signed a petition to get the convention out thereof. >> that is just silly. i think sally and i are going to completely agree on two things here. first of all if i lived in north carolina personally i would have voted against this amend: i think it was overly broad, banning civil unions that sort

of thing. i agree with sally on the notion that i don't care if they get a million signatures, the notion they will move this convention out of charlotte at this late date is completely ludicrous, it's a moment here that they are trying to get this thing rolling. the fact is and you kind of eluded to this megyn already, this was announced 15 months ago, millions of dollars have already been invested. the idea that you can just pick up your ball, runoff to some other city and have a convention at the drop of a hat is preposterous. megyn: you can't do it. now, sally it places the democrats, the party in an awkward position to say the least, because now they've got to go to north carolina against this backdrop where there is going to be protests now, there are going to be protests, and there are other problems in that state with some party antics -- i want to get it right. >> i believe more whohaha. megyn: more issues rerofl resrofrlg around that.

and they say big labor is not happy about the convention because it's a right to work state. >> they are in a whole big vat of pickles. there will be protests not just coming from conservatives but from the left as well which haven't been happy with everything the president has done. a lot of democrats, myself included didn't like the idea of the president accepting the nomination in bank of america stadium, but again maybe that is a chance for him to stand up and say, you know what, stop with the foreclosures, and let's modify loans, and let's make bank of america work for america instead of being bad for america. >> sally -- megyn: before you respond, guy, i want to ask you, is this an opportunity for the republicans? this is a state in which they did vote to ban gay marriage, 61% of those who voted, you know, it passed by a large measure, and at least 35% of those people who voted to ban gay marriage were democrats. is this an opportunity for republican toss go in there and sort of gin up some

anti-president obama sentiment? >> 35% of democrats who voted voted against this particular measure. african-americans, one of barack obama's key voting blocks, by a 2-1 margin backed this thing. so i think that there are some cracks that you're starting to see in the north carolina democratic facade, and i think that this is a state that democrats are really going to struggle to hang onto, i think in 2012. barack obama narrowly won the state, things have really fall inch apart. the governor down there has been embroiled in scandal and shown to be rather inept. yeah the democrats are to borrow sally's phrase in a pickle vat at the moment. as a conservative i'm enjoying the situation they are in. i wonder who is at fault here? i mean this is the obama campaign's decision, and barack obama's hand-picked dnc chairwoman debbie wasserman shultsz, they made the cal schultz, they made the call.

megyn: it was not a good bet, because barack obama won north carolina by 12,000 votes out of the state's population of 4 million. it was razor thin. this announcement he made this week, and now some consternation on the left about having the convention there is not going to help. >> we still have a longtime to go here. 35% of democrats voting out of 14% of registered voters in north carolina does not exactly decisive opinion on the part of north carolinans make. if he were in north carolina he would have voted against this amendment. republicans in north carolina i think feel the same. there is a lot of time to go here. we are just at the beginning. and i think my challenge to democrats is, don't just go there and put on your party show, use this as a moment in history to talk about the broader issues of equality and

justice that in either party we should all be caring about. >> if democrats want to say we are going to boycott states that ban same-sex marriage then they can't hold their conventions in ohio, in virginia, in florida, in michigan, these are major swing states. and by the way, sally if you're worried about bank of america stadium, make barack obama could confine his ego to a mere basketball arena and have his speech there. how about that. megyn: we have to leave it there. happy friday. >> happy mother's day. megyn: happy mother's day. thank you very much and to you. big developments today on what critics have called the president's enemies list. there are private sis sense who have been named by the obama campaign after they gave money to mitt romney. none of these folks has been investigated, apparently by a shadowy opposition research firm, the kind you would send out to investigate the opposing candidate. now it's apparently

investigating a guy who just donated money to support mitt romney. is this what this race has come to? we'll have a full investigation at the top of the hour. plus, we are 20 minutes away from what is supposed to be the sentencing for the billionaire polo player john good man. he was convicted in a fatal drunk driving crash but there is a major catch today and it could still result in the entire case, including the guilty verdict being thrown out. we are live in the courtroom as the developments break in just a bit. serious questions about a report on mitt romney's high school years. a story about something that happened over 45 years ago, based largely on details provided by a guy who now admits he never saw the incident in question. bernie goldberg is here on the issue of fairness in "the washington post" report, and in its track record, plus governor romney's response. stay with us. >> i did some stupid things when i was in high school, and obviously if i hurt anyone by virtue of that i would be very sorry for it and apologize for it.

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megyn: back now to our top story today, new questions about a "washington post" report about mitt romney allegedly bullying a classmate back in 1965. governor romney apologizing for any wrongdoing, but also saying he has no recollection of the incident. critics are calling this a hit piece, and now comments from the alleged victim's own family are raising questions about the story, one sister telling abc news that they are aggrieved that their late brother, he has since died, would be used to further a political agenda. bernie goldberg is a fox news analyst. thank you for being here. one of the guys who was quoted by the post is now saying he was disturbed by the incident is saying he wasn't even there. the post had several witnesses they claim behind the incident who can testify to the incident. it doesn't all come down to this one guy. the familiar leave the alleged bullying victim may not know of

the incident, that doesn't mean it didn't happen. the post seems to have several people who say it did. put the story in perspective for us. was it fair game, out of line, and is it fair in light of the reporting the post and other outlets have done with respect to barack obama? >> those of all the right questions. first, yes, there are cracks in the story, and we could spend all day trying to figure out if it's true or not. let's just say this and move on, if it is true, if he did it he was wrong, period, there is no discussion about it, end of that discussion. here is a bulletin, though, boys in high school can be jerks. this just in, you know, boys in high school can be really stupid jerks. now, the only question that matters now, the only important question now is, what does this tell us about mitt romney today? and the answer is, it tells us absolutely nothing. now, as far as the media is

concerned. the media all of a sudden -- this was also on page one today of "the new york times," not just "the washington post." if the media is interested in what mitt romney did when he was 17-years-old in high school, how come it wasn't interested in what barack obama did when he was columbia university, and what kind of papers he wrote, were they anti-american, that people may perceive as anti-american? were they racial stuff that might be considered not in the mainstream? we don't know and the media apparently has no interest in finding out. that is one thing. the second thing is, every time somebody like me said bee need to explore the relationship between barack obama and bill ayres who was a domestic terrorist, and barack obama and the reverend jeremiah wright. we were told, what is the relevance of that? that is not information, fine. that's not important. then why is this important when

we're talking about a 17-year-old high school kid? there is an answer to that which i'll give knew one sentence. the media clearly didn't want to hurt barack obama by reporting all of that kind of stuff back then, and by doing this now, you know, maybe they'll help him, maybe they'll hurt mitt romney. but it doesn't make them look good. megyn: why would they -- separate and apart from the fact that the vetting of barack obama has been insufficient by some in the media -- >> right. megyn: -- i'm not suggesting that there is necessarily anything there, just the absence of interest in going back and looking at hispanic tree, put that to the side. >> right, exactly. megyn: is it fair game to look this closely at a candidate's childhood behavior? i mean, there was a push back when people said, well barack obama ate dog when he was six. you'll look at their childhoods to assess who they are. is 17 different if he really did hold down a guy and cut off his hair because he didn't like it because it was long?

do we need to know that? >> that is a fair question. if he did, it was wrong. but as i say, the only question that matters, i think, to most of us today, is what does this tell us about mitt romney, the man who is running for president of the united states? and i'm not taking mitt romney's side here, i'm just saying i don't think it tells us anything about him today. so in answer to your question, certainly what happens when somebody is nine or eight years old, doe doesn't matter. i don't think what happened in 1965, but if it did i want to make clear to all my friend on either side of the aisle i think it was wrong if he did it and i don't think there is any discussion about the fact that it was wrong if he did it. megyn: why do you think the post took an interest in this? i mean, why would they be interested in mitt romney doing this back when he was 17-years-old? >> yeah. the honest answer is, i don't know. but that's another interesting

question. newspapers, reporters don't have to tell us who their sources are, we all know that, but they have to tell us the motivation of their sources. so if this story was given to them, if a tip was given to them i don't need to know the name of the person who gave them the tip, but i need to know, was this somebody who is a barack obama supporter? is it somebody who is in the barack obama campaign? i'm not saying it is, but i think the post owes us a little more than its given us. where did the story come from? and they give their critics ammunition. one day, one day after barack obama says he's in favor of gay -- same-sex marriage we get this story in the post and "the new york times." megyn: they say they didn't put it in the print version that day because they didn't want to have that juxtapositioned. they waited until today to put it here, this is the story on the front page. >> right, but the point is that

critics will say, why did you do this? was in the middle of a controversial situation involving gay rights, so now you're going to put mitt romney in the middle of a controversial situation involving gay rights? again, i'm not saying that's what happened, but i'm saying they give their critics ammunition when they do something like this. and if the story winds up cracking and falling apart it's going to be even worse for "the washington post." megyn: pwaoerpbee. thanthank you. a verdict in a heartbreaking story and justice for a criminal who drew national attention to the issue of sanctuary city. stay with us. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement

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megyn: justice finally served in one of the most heart wrenching stories we've covered in years. an innocent man and his two sons worth leslie murdered in 08

killed in the streets of san francisco by a gang member in the case of mistaken identity. this might have been prevented, because the gunman was an illegal immigrant who had previous run ins with the law but he was released and never deported because san francisco is a sanctuary city. i spoke about all of this with the widow and mother of the victims back in 2008. has there been any, any acknowledgment from mayor newsom, or the city of san francisco officials to you of the fact that had they simply reported this guy's deportation or illegal immigration status your husband and sons might have been alive today. >> i feel like they should have said something to me definitely, and also i have not spoken to the mayor at all in this incident, and it was a senseless crime. and had they done something, this animal would not have taken my family.

megyn: trace gallagher has more live in our west coast newsroom, trace. >> reporter: when the verdict was read, megyn the family stood up and both cried and cheered. of course the jury founded within ramos guilty of first-degree murder and they also found that he was seeking revenge for the killing of a fellow gang member. the jury did deadlock on whether ramos was the actual shooter. remember he testified that his passenger in the car is the one who opened fire, that he was only the driver. but andrew bolognia who was the only family member to survive the shooting that killed his dad and two brothers identified ramos at the shooter. ramos facing life in prison, the family extremely relieved. listen. >> god answered our prayers, that's all i've got to say, he answered our prayers. i miss my sons and my grand kids. >> reporter: as you said the case brought a great deal of

scrutiny and criticism to san francisco's sanctuary city policy that shelters illegal immigrants, despite his gang affiliation and previous crimes as a juvenile he was never turned over to the feds. well the city has now closed that loophole in the sanctuary city policy protecting juveniles who commit crimes. so at least that is one change to this. a lot of criticism still of san francisco maintaining this policy over the years, megyn. megyn: justice for the bolognias today, thanks. new developments in what the critics call the obama a campaign's enemy list. wait until you hear what is happen. >> s managing my diabetes is part of my life,

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megyn: fox news alert. we're awaiting the sentencing right now of a palm beach polo tycoon convicted dui manslaughter. basically convicted of killing a guy driving in his hyundai while this guy was drunk in his bentley and

leaving scene of the accident and leaving the kid to drown. now his defense attorneys want the entire verdict and case thrown out because of alleged misconduct by one juror in particular and that is what we are about to see live in front of us. welcome to a brand new hour of "america live". i'm megyn kelly. john goodman killed 23-year-old scott wilson in a crash in 2010. he made headlines after adopting his 40 yearly girlfriend in a civil case. we're looking in criminal case. he adopted her in the criminal case to protect his fortune from judgment. in march the jury found goodman guilty in connection with scott wilson's death but soon after allegations of injury misconduct surfacesed. sentencing day. the judge wants to talk to one juror in particular and then john goodman could get 30 years in prison or wlk out of court a free man and

get a retrial if the judge thinks the juror who accused of having experimented with alcohol alone to test the prosecution's theory about goodman's use of alcohol that night made sense. you will see it live when it happens right here. want to bring you this fox news alert in the meantime. huge developments it what critics call the obama campaign's enemies list. we brought you this story in april. the president's own re-election team launching a very public effort to call out private citizens who are donating to support mitt romney's run for president. they are private citizens as i mentioned. one of those donors is apparently finding himself under increasing scrutiny. he may or may not be the only one of the his name is frank van der sloot. a ceo of a company out in idaho. this guy donated a million dollars to the super pac that supports governor romney. van der sloot recently

discovering a private investigator was digging through his personal divorce records at a courthouse. why would they be doing that? joining me now, is the report who broke this story. kimberly strassel is columnist for "the wall street journal." kim, thank you very much for being here. you've been on this from the beginning. so-called enemy's list by the barack obama re-election campaign, described this guy and others like him, wealthy individuals with less than rep pewable records and van der sloot combative, bitter foe of the gay rights institute. michael wolff went to the courthouse in van der sloot's hometown and did what? >> hi, megyn. he contacted the courthouse and he was asking for, as you mentioned the divorce records for mr. van der sloot. also a case, and he later expanded on his request, a couple of cases that dealt with business disputes, that had to do with mr. van der sloot's company. so i did looking into this

guy and i traced him back to a organization in the washington, d.c. called fusion gps. and they promote themselves as people who do private investigation for hire and some people may call this the more polite term, opposition research. and so he seems to be working with them and somebody has clearly hired this group to go and search through the records of mr. van der sloot. this comes only 10 days after he was publicly named by the president's re-election campaign. megyn: michael wolff is affiliated with some campaign? >> it wasn't clear but when i called the private detective firm asked to speak him. they said he wasn't there. would be in on monday. when i reached him on personnal cell phone i asked him connection was with the firm, the answer was no comment. he didn't want to talk about that. megyn: you reached another man, mr. simpson.

who is simpson? >> glen simpson runs fusion gps which is this investigative firm. he used to be a "wall street journal" reporter. he left a few years ago to form this firm. they promote themselves working for clients to do private investigative research. now presumably if he has been hired and we don't know, he has not answered the question who has hired him to do this work but presumably his company does could work for political organization if they ask. megyn: you asked mr. simpson at pi firm why are you looking into the records of this mitt romney donor's divorce? and what did he say? >> well the only answer they have given us they view mr. van der sloot, as quote, a legitimate, end quote, person of interest, given some of the controversies that he has been involved with in the past in idaho. that some gay activists claim that make him anti-gay. megyn: what did

mr. van der sloot say about this? the people named on the so-called enemy's list, whenever whatever you want to call it the campaign to reelect barack obama has posted have been very silent having been targeted but you did speak with van der sloot? >> i did. he acknowledged when he first found out his name was on the list he was very disturbed about it. he felt as though he had a target put on his back. that was the words he used but he said the more he thought about it the more kind of defiant he had become, he felt this is america. you are allowed, he didn't do anything wrong. he is participating in the political process. he is giving a donation, completely legal. in fact that is your democratic right. the more i thought about, makes me want to think writing another check. megyn: kim, this story is reported by only a few outlets. the existence of this list, campaign to reelect the president has been saying about private individuals and now the fallout. you've been at forefront of the reporting. why do you think it is an important story? >> i think this is a thing

that really disturbs america. it reminds people about nixon's enemies list. the reason that was so worrisome to americans because the president is incredibly powerful person. he not only has entire government at his disposal and someone that sets the tone. this is the same president who only a year ago in the wake of gabby giffords shooting went out and said we need more civility in politics. what he said, setting this model of going out and putting people's names out, targeting them, saying things about them and then 10 days later, doesn't necessarily surprise anybody then to find out the private investigators are rifling through this guy's private records. he is sort of a poured oil on the fire of this controversy and it is not a good role model. megyn: need a quick answer is there any difference between this and the attacks that the republicans have launched on democratic donors like bill maher, like george soros? >> look this happens on both sides and you could say a lot about it on both side.

i do think the president holds a unique role he is the president of the united states. took a oath of office to protect and defend all americans and so he does play a slightly different role here. megyn: kim strassel, thank you very much for being here with us. >> thank you. megyn: we're taking your thoughts on us. follow me at twitter@megyn kelly. later this hour one of mitt romney's donors finding himself under investigation. opo research it appears. what is fair game when it comes into looking into the private citizens who are behind donations to our politicians running for president? christopher hahn and chris plante join us live. that will be epic debate. don't miss that. later on "your world" with neil cavuto, the man we were discussing, mr. van der sloot will join neil about what happened since his name appeared on the list. these folks on the list have not been talking. this will be booed interview today at 4:00 p.m. eastern. tune in for that. tomorrow is a big day

for governor mitt romney as he delivers a speech as some predict make-or-break moment for the presumptive republican nominee. hope to attract more support from key faction of the republican base that is evangelical voters when he gives the commencement address down at liberty university. that is our country's largest evangelical university. john roberts live in at tant with a preview of sorts. >> reporter: this is big opportunity for governor romney to reach out to a slice of the electorate that he had a difficult time convincing to vote for him early in the primaries. at speech at liberty university tomorrow he will take thinly-veiled swings at president obama. he will also talk a lot about the economy and jobs but perhaps most importantly he is going to talk about values that are important to him and to evangelical voters. for example, here in this excerpt from his speech tomorrow he will say the best cultural assets are values as basic as personal responsibility. dignity of hard work and

above all the commitment of family. take those away or take them for granted so many things go wrong in a life. he wasn't the first choice of evangelicals. that was rick santorum. in fact many evangelicals remain skeptical of his mormon faith but evangelical leaders are saying because he is the presumptive nominee he is the best person to vote for regardless of his religion. >> i can vote for somebody who doesn't share my theology and doesn't go to the same church or house of worship that i do as long as they share my values. if you look at romney's life, you can't argue that he doesn't share the values of evangelicals. >> reporter: now it is our understanding at the commencement address tomorrow romney will not specifically mention his mormon faith though some evangelical leaders feel he has to talk about it at least at some point. pastor robert jeffers from the first baptist church in dallas, texas ignited a firestorm conference last year when at value voters

summit he called mormonism a cult. he thinks romney can neither ignore his religion in this campaign or simply say to evangelicals we believe the same thing when it comes to faith. >> i do believe that the mormon issue doesn't have to be the defining issue of this campaign. i believe that the governor will acknowledge the differences that exist between christianity and mormonism but also articulate the shared values i think he can overcome what will be an obstacle to some people. >> reporter: now since romney has become the presumptive nominee would appear he has majority of support among people who describe themselves as very religious. 54% to 37% for president obama. that is recent "gallup poll." when it comes to moderately religious or nonreligious president obama certainly has the majority over mitt romney. the big key here, megyn, even though evangelicals support mitt romney can he energize them to come out to the polls in november? according to the evangelical leaders i spoke with he has

a lot of work to do in the next five months. megyn: so that begins. john goodman --, john roberts, thank you. i mentioned john goodman because that is the polo tycoon about to be sentenced for dui manslaughter and conviction thereof. but a twist in this case as the judge who you see here is said to be getting ready to cross-examine a juror about the juror's alleged misconduct. in three minutes we're live at the courthouse. and, trying to shed some pound ahead of bathing suit season? a brand new diet pill just out. got a big endorsement from the food and drug administration. we'll have the details on that coming up. plus they're not from out of this world but these two-star trek super fans have a gripe with police for what they say was an illegal search. wait until we show you as they boldly go where few defendants have gone before in "kelly's court". >> whenever we stop people

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megyn: unbelievable situation happening down in florida right now. you are looking live inside of the courtroom as a judge is getting ready to sentence, or maybe not, this polo tycoon, john goodman, for his conviction on dui manslaughter. they say he was driving his bentley. he was drunk. he ran into 23-year-old scott wilson's car which was a hyundai and knocked it into a screen and fled leaving wilson to die. he didn't die immediately. he drowned and the accusation is that he callously left the scene because he was drunk and was

worried about getting arrested and the kid died. he got put on trial for dui manslaughter. he also got sued by the victim's family. this is same guy who adopted his girlfriend, 40-year-old girlfriend. allegedly had nothing to do with civil case against him for millions of dollars. in any event he was found guilty at the defense trial. the defense attorney, roy black, famous successful defense attorney representing the millionaire polo player, said the jurors are up to no good, your honor. you need to throw out the whole case. we watched the judge a couple weeks ago as the judge cross-examined several jurors. refused to throw out the whole case. now we're at sentencing day. guess what? we learned a little bit more about one of the jurors and what he did the night before the deliberations. that has led the judge to say i'm going to hear from defense counsel. i will hear from the prosecutor. you're looking at the prosecutor there. then i'm going to question said juror one last time, depending on answers this case either goes bye-bye or

i sentence mr. goodman, seen here to potentially three decades in jail. phil keating is live outside of the courthouse in west palm beach, florida. phil, what a circus. >> yeah. this is a sensational court case here in palm beach county as you can man, a very wealthy man, founder of the international polo club which is internationally regarded in wellington. he reportedly paid $40 million to the family of the victim already. so that civil case is already done with. but now the juror, dennis demartin, the one who has written this 36-page book called, believing in the truth, is about to walk into this courtroom and be peppered by the judge and roy black has offered several questions for the judge to ask this juror, dennis demartin, basically, demartin is accused of violating blatantly the judge's directive to all of the jurors that they don't conduct any experiments outside of the courtroom, or outside of the deliberations

room. that they can only take into that deliberations room witnesses, testimony, and evidence that was gathered during the courtroom. what demartin describes in his book, we have a full screen quote to show you here one of the passages what he did one night at home prior to deliberations. quote, at 9:00 p.m. i had a vodka and tonic. followed by another at 9:30 and a third at 10:00. i went out and started to walk around the clubhouse which was two streets over in our complex. i walked around for a short time and then decided to go back home. i was confused. when the alarm went off the next morning i got up and felt relieved. the question in my mind the night before was answered to me. what he is implying that john good man was too impaired, via alcohol, to be driving at the time. so he was d.u.i. and remember he, his blood-alcohol content was .237, more than twice the legal limit in the state of florida when he crashed into that car of scott wilson,

t-boning him, pushing his car into a canal and of course he then drowned in there. on the 9-1-1 tapes it was revealed that goodman first called his girlfriend in atlanta and then, then finally got around to calling 911. so demartin will come in here. the judge has to decide whether he is embellishing in the book or whether he was telling the truth last week when he testified to the judge that he went in with an open mind and actually voted for not guilty on the first go round in the jury deliberations room. if it is not a declared mistrial we go immediately into sentencing and prosecutors are recommending 20 years for mr. goodman. megyn: phil keating thank you very much. we'll watch this unfold. judges are reluctant to throw out jury verdicts. you know how much time and money from taxpayers of florida went into a trial like that? they don't want to throw out a jury verdict. they don't like juror misconduct and you have to look at whether there is

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megyn: well there has been fallout all day over bombshell revelation last night by one of america's biggest banks. jpmorgan chase saying it lost at least $2 billion trading with its own money

in the last couple weeks. the company says it hoped to hedge against other investments but that may not appease regulators. already the head of the securities & exchange commission says the agency is focused on the company. this huge loss is sure to intensify the debate over how far the government should go when it comes to regulating financial institutions. there is a big developing story today on the food and drug administration giving a preliminary thumbs up to what we're told is a whole new kind of diet pill. the company behind the drug is seeing its stock soar. trace gallagher give in our west coast newsroom. trace? >> reporter: make you wait 30 seconds before i tell you if this is the fountain of skinny or not, megyn. this is big surprising turn around from the fda two years ago, lorcaserin was turned down because they say it showed signs of creating tumors in animals. the company, arena

pharmaceuticals, resubmitted drug wooith new data. fda nows loves it. they say it poses negligible risk to humans. an fda panel voted overwhelmingly to approve the drug. the panels vote is not binding but normally the fda adopts its findings. arena farm pharmaceuticals since this is up 68%. this would be the first new prescription diet pill to hit the market in 10 years. there are three other companies trying to get their diet pills as well. you see these people, they were all 300 pounders before the pill came out. i'm teasing. i'm teasing. the question does the pill work? the answer is a little bit. the studies show that if you use the pill you could lose 3% of the your body weight, if you weigh, 300 pounds. that is nine pounds. not really enough but i guess if you're trying to squeeze into that dress for the wedding maybe the nine pound would --. megyn: i'll tell you what.

i recommend the zone by barry sears. i think it is reasonable diet. not a diet at all. a way of life. add a lot of fiber to your diet makes you feel full so you don't overeat. best exercise there is, pushing yourself away from the table. wait, i saved you a bunch tumors. wait it doesn't cause tumors. >> eating less and moving more. megyn: we could be as svelte as you, trace. >> reporter: thank you. megyn: i don't know. like a cure in a pill for being overweight sound good. you think about history of fen-phen and all these problems. so i leave it to you. more in a moment on our top story. a private citizen now appears to be the target of opposition research. exactly who is behind it? we don't know. but it happened after he made a big donation to the super pac supporting mitt romney. outing private citizens in the public eye? can democrats defend what appears to be some sort of

campaign enemies list or at least a list of campaign donors to the other side that's been made very public. we'll have a fair and balanced debate. two "star trek" fans taking to the big screen after they say they were harassed by cops. their documentary laying out their case. we'll show you some of it and debate whether their civil suit against the cops has merits. ♪ wake up!

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megyn: fox news alert. a critical moment in the sentencinging of a palm beach polo tycoon convicted of dii manslaughter. we saw the judge questioning the juror after allegations that one juror acted improperly and a request from the defense to declare a mistrial. this involves the case of multimillionaire john good man. he called a. in march the jury found goodman guilty in connection it the death. now he is questioning the verdict because one of the jurors conducted his own experiment the night before. he could be sentenced to up

to 20 years in prison, we're told from phil keating. judge prepares to rule whether this is enough for a mistrial. back down to one of our top stories today, a private citizen appears to be under attack and just exactly who is behind it? well it appears to be someone who is a democrat doing opposition research against this guy. his name is frank van der sloot, and he appeared very publicly on a list put out by the obama re-election campaign. he is one of the romney donors cited by the barack obama campaign website and they described him and others on the list as, wealthy individuals with less than reputable records. well now this idaho ceo has disever coulded that a private investigator is digging for more dirt on him, specifically looking for his divorce papers. the man, who has been doing the digging, works for a political opposition research firm. so is it fair to target private citizens when they make donations to public

politicians? joining me now, chris hahn. former aide to senator chuck schumer and fox news contributor. chris plante, who is wmal radio host of the chris plante show. guys, so, we know from kim strassel's reporting from "the wall street journal" this guy appeared on the obama campaign re-election list and right shortly thereafter somebody is looking into his divorce record. they want to know about his divorce proceedings and other litigation. let me start with you on this, chris hahn, as a democrat. does this disturb you? >> well, you know it disturbings me a little bit but when a guy gives a million dollars to a campaign of any kind, you have to ask the question what does hope to get in return for that. that can be said to democrats that give that kind of money as well. when you put yourself out there in such a big way you have got to expect some scrutiny. look how we talk about george soros or the koch brothers on the other side. we're constantly asking the question what hope to gain when they put money into politics this guy put

himself out there. megyn: did he put himself out there? did he put himself out there, chris plante? >> i think he did. megyn: chris plante, did he really put himself out there? >> i'm sorry. he donated money to a political cause, saul alinsky, rule 13 rules for radicals. they're demonizing mr. van der sloot and his children are being menaced. he is being threatened online. there is promise more to come. obviously to inintimidate and menace. this administration allies have long history of doing that. busloads of union thugs to populate front lawns of bank sessiontives. this president has a long list of enemies. if you're not on president obama's enemies list i don't know what you're doing wrong. entire energy sector, wall street speculators, investors, bankers, medical industry, the coal industry. the gas industry and oil industry. everybody is being deem mized by this president. -- demonized. this is particularly

insidious because it singles out small number of individuals, private citizens contributing their money dutifully to their figure of choice. megyn: chris hahn, just listening to you and knowing you i'm not sure i believe you. i'm not sure i believe you. you're a democrat. and you -- >> yes. megyn: you argue for democratic causes. if you found out that a republican was looking into your, you know, if you had been divorced was trying to get your divorce records or trying to get, you know your college transcripts or trying to get any litigation, that was another thing you were involved in trying to get all the depositions and all the transcripts you would not find that unnerving? >> creepy? >> i don't think it is good to look at people's personal lives in politics. i think that should be off limits for the most part. i don't know who is doing this and i don't know why they're doing it. >> who knows. >> when somebody gives a million dollars, a million dollars, this guy didn't write a check for 1,000. >> how about 900,000, chris?

isn't that terrible. >> you and have been talking about you and i have been talking about george soros for years about his involvement in politics. >> this guy is not george soros. one contribution. >> a million --. megyn: hold on. hold on. go ahead, chris plante. >> it is about deemization of everything and it is sleazy. it is scandalously sleazy. it is fundamentally, dare i say, anti-american or unmanner to start pursuing if you don't know who is behind it. the white house is behind it. >> we don't know that. that is sheer speculation. >> hang on. but they put the name out. the white house put the name out. this guy come out talked about how he loves and admirers his gay friends and they're demonizing him as being homophobic and anti-gay and says it is not the case. the white house doubled down on it -- >> the pac put his name out there, chris because they had to disclose who he was. >> george clooney --. megyn: let me jump in on that chris hahn. we don't know whether the campaign to reelect

president obama is behind this. >> the creep? megyn: we do know that this happened after the obama campaign posted his list on their campaign website and as somebody who is quote, less than reputable and talked about him being litigious, combative and bitter foe of the gay rights movement. >> right. >> right. megyn: it is disturing, the linkage, timing. >> it is appalling. >> that kind of money, when people are putting that kind of money into a campaign they will get scrutiny. for several days, wait chris, we've been talking about george clooney last 10 days. from what i've seen the guy is pretty big humanitarian. sure he has a lot of young actresses who he dated over the years. wouldn't we all. let's face it we've been scrutinizing the guy for the last 10 days. >> no, we haven't. no, we haven't. >> president obama -- when bill maher gave the million dollars it was like the whole world was on fire. give me a break the guy gave

a million dollars. if i could write a check for million dollars chris, i would be a pretty happy guy no matter what was happening. >> chris, let me ask you, will this have chilling effect on donations? if this becomes the norm. not talking about democrats and republicans, becomes the norm for politics on either side does this have chilling effect. >> of course it does. it is designed to intimidate. again, guys, children are being harassed. that is, by design. and it is supposed to intimidate. >> republicans do it too. >> you know what. that is not true. show me an example of -- >> it is true. >> then you can say it. it is not true. >> how about bill maher? how about george clooney. how about george soros. >> unsealing divorce papers. president obama running for senate in illinois working through democrat friend in cook county and city of chicago had his opponents sealed divorce records unsealed so that they could be used against him. this is a standard, it is a sleazy tactic but one been used in various forms by the

obama administration, by the democrats, quite effectively probably over the past few years. >> if you want to know about mitt romney's tactics all you have to do is ask newt gingrich. don't have to ask me. don't have to ask any democrat. he went after -- >> run negative ads -- [both talking at once] >> that is bs. >> he will stop at nothing, chris. megyn: we looked into this, we looked into this issue and what our quick look suggested was that it was a "chicago tribune" and chicago television went after those ryan divorce records in that senate campaign, but, listen that doesn't the answer the question of the day who went after van der sloot. who hired this private investigation firm. >> who can imagine. mystery for ages. >> megyn, another reason why we need public financing of elections. >> there it is. there it is. >> who needs this. >> we need to have politicians working for us and not working for a guy

named van der sloot. >> that is good idea. or for george soros or for george clooney. megyn: thank you both as always. coming up next on a lighter note, sort of. revenge of the trekies. a pair of "star trek" fans say police violated their rights on traffic stop, they're so mad they made a documentary laying out their case. we'll debate whether they might win the civil rights lawsuit against the cops next. >> sign right here we have a major problem people running guns and drugs and illegal stuff up and down the highway. you guys don't have anything inside your car now. >> i could show you, photos at the "star trek" convention. we're to the drug runners. we're on vacation. ♪ .

megyn: two freakies from ohio -- trekies from ohio staking revenge running from the law they are checking

out transporter. they headed home car style only to be pulled over by a police officer. what they say happened next in the state of illinois along a little highway that got them really fired up. and it's all on tape. trace gallagher tells us the story. >> reporter: one of the men is not only trekie but documentary filmmaker. took 18 minutes of dash-cam video. added graphics, "star trek" music to it and posted it on line to prove his case that he says was unreasonably searched and that's what he says police's problem was. look at this thing, right? they're driving down i-55 70 in collinsville, illinois a very well-known drug corridor. pulled over for swerving. checks the man's license and finds out he has previous arrest for marijuana. guess what, out comes the drug-sniffing dog. the dog pose around the car, a couple of times. and doesn't seem to find anything, right? so as the k-9 search begins

the video says, then we cut to the point where, the driver, mr. huff claims the dog was kind of coaxed into barking listen. >> the dog will always indicate off-camara and allow officer richert to manufacture his probable cause and it will allow him to search any vehicle he wants. >> good boy. show me where it is at. show me where it is at. good boy. that's a good boy. show me. show me. where? where is it at? where is it at? show me. that's a good boy. >> so he claims the dog was prompted to bacialg. they searched car for 15 minutes and didn't 90 anything and let the two gentlemen go. huff claims the police in collinsville are rewarded when they pull people over, if drug money is found in the corridor they keep it over. this tape was shown to the police officer, the chief,

state attorney and they all said this was an absolute by the book search, except the problem is this same officer, megyn a couple years ago, in court, a judge ruled that he was not credible in a different drug case. so the whole case and whole tape is now become fire, food? megyn: questionable. thank you, sir. >> yeah. megyn: "kelly's court" is back in session. on the docket today. were the trekies wronged? jonna spilbor, former prosecutor, now defense attorney around david wohl is defense attorney. david, two twice in the car filed a civil lawsuit against the cops claiming they had no probable cause, no reasonable suspicion to pull them over. they had no probable cause to use a search dog or to use their car and their civil rights were violated. do they have a point? >> megyn, by the book search? what book. this may be the first cop to violate all 27 amendments of the constitution in this

particular search. unbelievable. he uses probable cause for the stop they were swerving a little bit which is about as weak as it gets. turns out, megyn, it was a drug and gun corridor and that turns out to be real probable cause for stop which he confesses to. we get to the search. megyn he has no probable cause criminal activity afoot at all. he just searched these guys. let them have no choice in the matter. completely violated fourth amendment right. megyn: that is the thing, jonna. >> this will be a great lawsuit. megyn: this is why our viewers should care, there is question about what the police can do to you when they pull you over. can they pull you over for no reason? the guy said it out-of-state plates and drug trafficking corridor and i had no drugs in the car. by the way no drugs were found in the car. there is question what the cops can do to you. he said the cop really decided to go after him and took his license as they always give you a ticket. ran his history and listening to cops reaction apparently sees the guy was

arrested a while ago, not convicted. no charges ever filed or were proven for marijuana possession. listen to the cops. this is sound bite number three. >> he does dig deep into our pasts. he finds an old arrest record of mine was supposed to be expunged after dismissed in court. he seems to find joy in discovery of this record and refers to me as mother [bleep]. >> [bleep]. megyn: that was the cop saying exactly that. his suggestion he saw i had arrest and no conviction and out-of-state on a drug road but i wasn't a druggie. >> you know what i agree with the motorist if i'm defending police officer here i have to say couple things. number one will base his probable cause on prior arrest. he has prior arrest for marijuana. he is on a known drug corridor. take drug sniffing dog, not a search. have the dog alert. when you put all the three things together in this cop's mind he was justified. >> oh, boy. megyn: bring in expert

witness the bill daley, former fbi investigator and familiar with use of dogs when it comes to traffic stops and other incidents. bill, the plaintiff says the cop intentionally brought the dog around front of the car so his dash-cam video couldn't see whether the dog was legitimately alerting. not only that, says to the dog, good dog. play the sound bite. get bill to tell us whether he thinks it is appropriate. sound bite number eight. listen to the cop talking to the dog. >> good boy. show me where it's at. show me where it's at. that is good boy. oh that a good boy. show me. show me. [barking] >> show me. megyn: bill, are you allowed to do that? >> when dogs are taken around by handle for drug investigations or bomb investigations. for dogs it is a bit of a game. hide-and-seek. trying to find the treasure to get a some type of reward, pat on the head or toy. to coax him i wouldn't say this sounds like it is

coaxing however i would suggest the fact that one of the predicates of the search mentioned before the dog indicating there may have been drugs. the question would be when was this dog last trained? what was he trained to do? trained to sit down like many dogs are. i'm not saying barking is out. they acknowledge there is some, some scent of either drugs or bombs and that is the predicate by which police react. so my sense i don't think coaxing is issue. if you want to dig into the case. dig into the records. when was last time he was trained and what was he trained to do. megyn: we'll pick it up after the break. listen to more sound from the documentary and listen to what we know about the rest of the tape. ♪ [ acoustic guitar: upbeat ] [ dog ] we found it together. on a walk, walk, walk. love to walk. yeah, we found that wonderful thing. and you smiled. and threw it. and i decided i would never, ever leave it anywhere. because that wonderful, bouncy, roll-around thing...

had made you play. and that... had made you smile. [ announcer ] beneful. play. it's good for you.

megyn: so here's what happened. he pulls him over. he sees that he had an arrest but no conviction. then he says i want to search your car. the guy says, no, i want to be on my way.

then he, cop says, well i'm going to search the exterior of it with the dog. here is what is going to happen after that. listen to sound bite 5. >> what do you have in the car? >> keep the car, right here, run the dog around it. if the dog alerts we'll do with we need to do, if the dog doesn't alert -- [inaudible] >> i mean, am i free to go and i go? >> not in the car. >> because my passenger is nervous, this officer is going to take my car from me. megyn: that's what he said, you can't leave because your passenger seems nervous. i will search the car on exterior with dog. if i get a hit i will search the inside. that is what happens next. that is trampling of the constitution. >> absolutely. violation of the fourth amendment a very clearly. there were no drugs in the car so the dog didn't sniff anything egg. this officer has history, federal judge six years ago threw out a drug case because he found the officer

was engaging in misconduct because he found the officer, i'm quoting hear used body language as justification for search of a criminal defendant. megyn: that is what happened here. your guys seems nervous. your passenger seems nervous. >> that is not probable cause by any cost constitutional standard. >> i want to defend the officer, sometimes body language could be a tell. i want to tell our viewers the cop, the police department, d.a., they're standing behind this guy saying video is 55 minutes long, not 22 or 1 like this documentary. when you look at the whole thing, not just parts edited by the plaintiff you will see the cop was not out of line. >> i want to defend the cop, megyn, this really tough case to defend i'm sorry. first of all i shouldn't take 55 minutes for routine traffic stop but i think, where the policeman is coming from, when you take the totality of the circumstances it is true nervousness alone, not enough. but where he was. the fact that there was a prior arrest even though no conviction. the fact there was nervousness the fact that

this dog whether he did it right or long alerted gave him probable cause --. megyn: nervousness can't do it. everybody is nervous when get pulled over by the police. >> wow. megyn: that can't be enough to justify the search of your car. no drugs were found. i want to make that clear. no criminal charges. nothing was given. >> driver is not damaged. didn't suffer damage. >> if i were the police chief i would get out my checkbook in this lawsuit. megyn: we'll see. thank you guys so much. we'll be right back. 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'. :to get my first new car,

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megyn: thanks for watching everybody. i'm megyn kelly. here's shepard