discouragement in the summer and into the fall. that is, pattern that if it repeats itself for goodness sakes it will be very difficult for president obama to get reelected if we see numbers economists are forecasting and talking about a growth rate in the one to 2% range. that is not enough to convince people that things are going in the right direction. certainly if we start going the other direction, if we see real loss or contraction, no matter how much money the president has and no matter what he diswith his strategigy it would be awful hard for him to win. megyn: president pointing to troubles overseas as one of the drags on our economy. whether they are or are not they're not going to get fixed anytime before november. you point out in your "power play" piece, we have 18 weeks until voters go to the polls. as a practicality matter, can we expect the situation today to be about where we're going to be come november 6th when the folks

decide who the next president of the united states is going to be? >> well at very least that would be the best case scenario for the president, if they dial this in and keep they would be proly be happy. though it is bad and people are not happy for the direction of the country, for the obama campaign they know and economists know the risk of another round of recession is very real. you described the problems in europe. they have problems in asia. then there's this. you talk about those 18 weeks. people who have money and might invest it, people who might expand their companies, people who might do things like that, what is the incentive to act now? you have 17 weeks where you have two polar opposite different views of what to do about this lousy economy and mitt romney and barack obama. why not sit on cash and wait? that is further drag on the economy. and there is no indication that anything particularly positive could happen in those 17 weeks. megyn: what of this expected jobs number? now we don't know right now what it is going to be, but if the forecasts are right that it will be around 100,000 jobs created in june it continues the downward

spiral. i mean it's a little higher if that is the ultimate number in may where it was 69,000 jobs created. but, chris, those are still anemic numbers according to both sides of the aisle. the obama campaign would say at least we're not hemorrhaging jobs like we were when i took office. but the chart since january has done this. how low can it go to, you know, to where the american people start asking themselves, you know, something needs to be done? whether it is replace barack obama or replace the house republicans something needs to be done. >> mitt romney's job gets easier and easier depending how bad the economy is because what president obama would like to do is say that mitt romney is a vampire and a person whose character is unfit, unsuitable for the presidency. he is a bad person who likes to lay off people. those arguments only count if people say this is tossup situation. if the economy is bleeding jobs, you talk about the

jobs numbers, democrats say we're adding jobs but in truth we're not. you need a certain number of jobs to keep pace with new people entering the workforce. young people entering workforce. we missed the mark two months in a row. we're poised to miss it again, if that is the case, that is what is going on, mitt romney, the spotlight comes off mitt romney we just have to get rid of the status quo. get incumbents out of here and have to try something new. megyn: chris, you would think politically if you look at the chart with 275,000 jobs created in january and steady downward slide every month since, that the numbers would be far worse for barack obama and yet he is doing well. i mean he is beating mitt romney in a lot of polls on the national basis and swing state polls up until recently at least, he was ahead in most of those. there has been little change in that in the past week but but is this polarized country where we're split down the middle 50/50, and no matter what we see we're likely to have a very tight

election between these two men? >> i say no. i think that quite possibly for the president, i see a narrow, strong scenario for a narrow obama victory, ground out in the swing states, on a base versus base election, very kind of thing you described. very thing that got george w. bush a second term in 2004, but, if the tide goes out on the economy, there is enough fluidity, there is enough fluidity there are enough moderate voters and swing voters you could see potentially a big romney victory if in fact the economy is in the dumps. certainly you could see a big swing for romney. megyn: now they're talking about yet another round of quantitative easing which is basically fire up the money printer. we need more dough to easingis quantitatively. does that have any meaningful impact on that chart we saw between now and november? does that in any way put points on the board for barack obama, the democratic party, the american people?

>> well, first we should point out they don't even bother to print money anymore. they conjure it digitally. it is made into being as pixels. megyn: getting so ex-haas tiff for the guy in the back. >> but, yes, democrats hope that if the news is bad enough and bernanke, chairman bernanke can convince the other members of the federal reserve to go along with another splurp of federal reserve money to free up lending that it will do something to at least prevent the bottom from dropping out of the global economy but then you're talking about a hundreds and hundreds and hundreds of billions of dollars that you would have to sluce out into the economy. if you do that obviously there are repercussions. even doing that it will not create the kind of jolt that will change the discussion on the economy. at best, you maintain the status quo. megyn: a lot of slipping and slurping to look forward to chris stirewalt, thanks. >> you bet.

megyn: to put this in context for you the last four weeks have provide ad series of troubling economic reports. four weeks ago we got a jobs report showing employers only added 69,000 jobs in the month of may. the unemployment rate ticked up to 8.2% that point. june 11th showing middle class wealth disappeared. median net worth dropped to 1992 levels. word last week consumer confidence has fallen for the fourth straight month amid concerns about jobs and overall economy. just some perspective we can put the chart back up there showing job creation from january forward, every month and we're expecting june numbers any day now, as i mentioned perhaps they will be at 100,000. not this chart, the other chart which has the downward graph. stand by. every month the department of labor has then had to go back and revise the numbers. they tell us something it is a little better than it is and we wind up with a lower number. that is what happened in april. that is what happened in may. that happened in march as well. so this 100,000 if history

has any bearing will later get revised downward. we hope not. but that is what has been happening. we'll wait as the number set to come out in a few days. megyn: new developments in the battle for harlem congressman charlie rangel's congressional seat. we're told his opponent is heading to court to file paperwork that could open up the possibility of a new election. this after his challenger questioned results of last tuesday's vote. the gap between the two men now down to just 800 votes. meantime charlie rangel is asking his supporters to send money to help defend his primary victory. fox news alert. immigration and customs enforcement officer has been shot while investigating a case on the u.s.-mexico border. that agent now undergoing surgery at a local hospital. trace gallagher picks up the story from our west coast newsroom.

trace? >> reporter: anytime you have a federal officer who is many a bushed and shot it is a very big story. this happened in hargel, texas, 40 miles north of the mexican border a well-known drug smuggling corridor. i.c.e agent was conducting an investigation. he was driving off-road in an suv in very tall brush when he was shot two times through the window of his unmarked suv he was struck twice. as you said, taken to the hospital. he is undergoing surgery right now. we're told he is expected to survive. there as you can see are dozens of law enforcement agents on scene. state, local and federal. the fbi is heading up the case because this was a federal agent who was shot. they are now looking for suspects. they believe there were at least one, maybe two shooters involved in this. they have now recovered some shell casings. we're getting word aside from the crime scene you're looking at right here, there is apparently another crime

scene on the other side of town that may or may not be related to this shooting of a federal officer. again, this is just coming into us, megyn. as we get more on the shooting and the suspects we will break in and give that to you. megyn: back to you as you have more. trace, thank you. >> reporter: okay. megyn: it may still be days until the power is back on after a deadly heat wave and storms cripple our electric grid. we'll look why it seems these outages are getting worse and lasting longer than in recent years. new concerns that our constitutional rights, even our national security, could be in danger from a gun treaty that is up for consideration right now at the united nations. the u.n. wants to curtail certain gun rights. the problem here in the good ol' u.s. of a we have a second amendment. and there is a clash between the two? that is right after the break. new fallout from the president's health care law.

constitutional attorney mark levine will join us live why he believes the court got this wrong, the decision was lawless and he now believes there should be term limits on even federal court judges. we'll talk to him just a bit live right here. >> john roberts apparently evolved and taken accolades from the left have already started, with the obamacare and, arizona decisions. roberts's act at thisism is firmly -- activism is firmly evident i'm not paying hidden fees or high commissions. i'm making the most of my money. and seven-dollar trades are just the start. i'm with scottrade. i'm with scottrade. i'm with scottrade. and i'm loving every minute of it. [ rodger riney ] at scottrade, we give you commission-free etfs, no-fee iras and more. come see why more investors are saying...

i'm with scottrade. but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast. visit fastreliefchallenge.com

today for a special trial offer. home protector plus, from liberty mutual insurance, where the costs to both repair your home and replace your possessions are covered. and we don't just cut a check for the depreciated value -- we can actually replace your stuff with an exact or near match. plus, if your home is unfit to live in after an incident, we pay for you to stay somewhere else while it's being repaired. home protectorlus, from liberty mutl insurance. because you never know what lies around the corner. to get a free quote, call...

visit a local office, or go to libertymutual.com today. liberty mutual insurance. responsibility. what's your policy? megyn: fox news alert. we just got word a short while ago that the secretary of state hillary clinton has today apologized to pakistan after the deaths of 24 pakistani troops in a nato airstrike. after the incident pakistan shut down critical supply routes to u.s. troops in the region but we are told that those are now back open. jennifer griffin has the

breaking news live from the pentagon. >> reporter: hi, megyn. this is a major breakthrough in the issue of supplying troops in afghanistan. as you know for the last eight months those supply routes have been closed, ground routes into afghanistan you through pakistan. isaf has been having to fly supplies to the troop at a great cost to taxpayers. $8.1 billion it has cost with the routes closed. we understand secretary clinton spoke with the pakistani foreign minister earlier today and the pakistanis agreed to open the ground routes. the pentagon says no trucks or convoys started moving through the afghan-pakistan border to supply troops but they expect they should do so very soon. again it looks like in the statement, secretary clinton wrote, we're sorry for the losses suffered by the pakistani military. for months the obama administration has been saying they would not apologize to the pakistanis

for that border incident in november. megyn? megyn: jennifer, thank you. new concerns today as the united nations is now considering at this moment a global arms treaty that would curtail certain gun sales. right now the u.n. is working on a plan that would put a whole new set of international gun rules in place. supporters, including the obama administration, argue it will make the world more secure by tamping down on weapons commonly used by gangs and terrorists but critics fear it would infink on the second amendment right to bear arms right here in the united states. larry pratt is the executive director of gun owners of america and kt mcfarland is a fox news national security analyst. larry, let me start with you on this because the human rights groups have convinced the obama administration to sort of reverse what had been u.s. policy when it comes to this proposed treaty and to go into the united nations and support it because they argue that human rights violations nationwide, worldwide, are the result in part of some

very bad guys getting their hands on some guns and we need to have more regulation of international gun sales. how does that affect the second amendment right here at home? >> well, it would completely work against what the second amendment is encontinueded to do but it doesn't seem that the constitution is much of a obstacle or a problem for this administration. but nevertheless shall not be infringed is something that a treaty can't trump. the very language in the constitution dealing with treaty-making says that the treaties have to be made under authority of the united states. and if we the people have been given authority for gun control to the united states, to the federal government, then its are tied and at a practical level i think even harry reid's senate would look at the treaty if presented to them to say this is toxic, i'm not going there in an election year. megyn: the gun lobby has a lot of power, kt, a lot of power. once the nra scored holder

contempt vote you had two dozen democrats come over to the other side of the aisle. the lawmakers pay attention to what the gun lobby wants. it doesn't want this treaty. i fail to understand how it will affect americans and the second amendment as opposed to -- the folks who are proposing this want us to believe it is only international thing. it will stop genocide in other countries because it will take away their guns. >> everyone wants to stop genocide in other countries. that is not the point. look how capable the united states has been stopping iran's nuclear weapons program. iran agreed to international treaty but we can't stop iran. we have no ability to enforce it. we can't enforce it. the idea that the united states would cede authority to an international organization to somehow verify and prevent every country in the world to run

guns to any other country. it will not happen. we will ad buy by the international articles control agreements on the nuclear weapons. who will not agree to it? countries like iran. will iran stop gun running to hamas and syria? no. so you will be left with a world that is not safer. in fact it will have the absolute opposite effect what the intention is. it will make the world a much less safe place. megyn: larry, what do you think is going on here then? since we had reversal from the bush administration to the obama administration why, is this a political issue or why would the obama administration be supporting this? >> it reflects the incredibly strong idealogical commitment to control in general and guns in particular of this administration. what they're seeking is not going to be ratified by the senate but what i suspect they will try to do because we've seen it in other areas of federal reining, governing, is declare that whatever might be,

registration, prohibition of certain calibers of firearms, they will just try to put that into effect administratively, even though they have no short. at hasn't stopped them anywhere elsewhere they wanted to go. megyn: kt, the u.n. agree to the treaty if it is accepted, would hold nations accountable through legally binding rules, countries that sign it are going to have to pass laws to insure that the weapons companies here in the united states, for example, abide by this treaty. so, what, could you have american gun manufacture you ares being cited for noncompliance by the united nations? is there a conflict there between the potential treaty and the second amendment? >> well, absolutely. the united states laws remain supreme in the united states. our laws are not secondary to international laws, to u.n. laws. and then you would have a situation where the united nations is looking at american domestic gun manufacturers and

sanctioning them. again, go back and look how successful the united nations has been at any time they have done this sort of thing? the other thing i would say look how incompetent the united states has been controlling weapons. i mean look at "fast and furious". we couldn't even keep track of those guns. we somehow expect the united nations will keep track of hundreds of thousands, millions of firearms and assume there is some enforcement? there is no enforcement mechanism even if it were a good idea. megyn: thank you both. >> thank you. appreciate it, megyn. megyn: up next how this latest round of storms is raising worries about our national power grid. don't go away. [ male announcer ] let's say you need to take care of legal matters. wouldn't it be nice if there was an easier, less-expensive option than using a traditional lawyer? well, legalzoom came up with a better way. we took the best of the old and combined it with modern technology. together you get quality services on your terms, with total customer support.

legalzoom documents have been accepted in all 50 states, and they're backed by a 100% satisfaction guarantee. so go to legalzoom.com today and see for yourself. it's law that just makes sense. [ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge!

megyn: latest report from the eastern half of the united states show roughly 1 1/2 million people are

still without power after friday's devastating storms. can you imagine that? with all the heat they have been having, that is not pleasant. utility crews arriving from as far as away from texas and canada to help them out. it could still be days before power is restored to everyone. just like we saw last october when the region was hit with a surprise snowstorm up in the northeast. or last september, with the east coast hurricane, which all raises questions about our electric dwrid grid. trace galler has more from the breaking news desk. >> reporter: you make a good point when. a hurricane comes they have several days to get ready. this was a dry land hurricane. it came without warning and it stretched for some 700 miles, right? we're talking from illinois to d.c. all the way up to new jersey. as of right now, ohio, virginia, and maryland described the damage to their power grids as, i'm quoting here, catastrophic.

and here's the process. first they have to repair the substations that send power out to hundreds of thousands. then they have to fix all those distribution lines that carry the power, sometimes over vast stretches of land. and then finally, they go and repair those local transformers that get the power to the homes and businesses. so when they say power is going to be out for a week, six, seven, eight, days, they're not kidding. right now 1.4 million people, take a look at this map. 1.4 million in eight different states, plus d.c., are still without power. the death toll we have confirmed has risen because of the heat to 26. because of stifling heat and use of these generators, is creating very dangerous fumes. there is fear that that death toll could rise over next couple days. keep in mind, megyn, yesterday alone, 228 areas broke temperature records. they believe it will be just about the same today and tomorrow. megyn: wow! trace, thank you.

>> reporter: yep. megyn: well the latest attack ads on governor mitt romney's time at bain capital may have no basis in reality. governor romney calling the claims down right untrue. now at least one independent group of political fact-checkers is suggesting the governor may be right. >> if you accuse a man of shipping jobs overseas because his company invests in companies that have affiliates overseas and there is growth in jobs overseas and a growth in jobs here at home, it isn't a negative but being called a negative. it is being called shipping jobs overseas. this is simply not right. 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'.

[ male announcer ] ok, so you're no marathon man. but thanks to the htc one x from at&t, with its built in beats audio, every note sounds amazingly clear. ...making it easy to get lost in the music... and, well... rio vista?!! [ male announcer ] ...lost. introducing the musically enhanced htc one x from at&t. rethink possible.

megyn: fox news alert on the wildfires burning across the western united states. the air force is giving the go ahead now for c-130 tankers to resume their firefighting missions. commanders grounded the fleet following sunday's crash in south dakota that killed at least three crewmembers. that left firefighters across the region without one of their key tools for battling the flames. a campaign trail fight is ramping up today over a new attack ad that may not be wholly accurate. governor mitt romney firing back at the obama camp for its latest attacks on his time at bain capital. calling those attack ads,

misleading, unfair and untrue in recent speeches and campaign ads, president obama has tried to paint governor romney as a corporate raider who got american jobs sent overseas during his time at bain capital. governor romney now calling that a quote, vicious lie in a new campaign ad starring an unlikely figure. james rosen with the new ad and a look at the battle over bain. >> so shame on you, barack obama. >> reporter: revisiting the last democratic primary the romney campaign's latest ad on the air in ohio portrays president obama as purveyor of quote, vicious lies. >> "the washington post" says on just about every level this add is misleading unfair and untrue. >> reporter: the obama campaign cited this article in the "washington post" last month which alleged trend of outsourcing american jobs was quote, pioneered by a half dozen companies which bain capital, mitt romney's old private equity firm invested.

>> does iowa want an outsourcer in chief in the white house? >> reporter: ceos of six companies countered they added jobs in america while romney at bain and use of foreign call sun terse and packaging plants was solely to support existing foreign sales. fact check.org weighed in and said quote, we found no evidence to support the claim that romney while running bain capital shipped american jobs overseas unquote. what the romney campaign and others tried to do is extract mitt romney from his tenure at bain. some of these jobs were shipped overseas after 1999. but the fact is mitt romney remained ceo and sole owner of bain capital through 2001. >> reporter: sources at bain insist romney never returned to the firm and played no role there after february, 1999. but the obama campaign up loaded these disclosure forms which show romney in 2001 continuing to list bain and its various subsy airedries ace his employer

often with him as sole owner yet the same forms show romney listed with bain as former executive. specifying his role was passive with no management capacity. megyn: chief washington correspondent james rosen reporting there. we thank him for that report. for a fair and balanced debate, christopher hahn, former aide to senator chuck schumer, and chris plante, radio show host of the chris plante show. it appears, let me start with you on this, chris hahn, the obama camp beliefs the attacks on bain are working. when james risen reached out to them about the fact check.org report that dismisses the obama's, obama campaign's claims as not factual, they pushed back and said, fact check.org got this one wrong. chris hahn, right or wrong, the obama camp thinks it is onto something. >> hey, listen if it works keep doing it. that is the way politics is. bottom line a very complicated explanation the romney campaign has to come

up with to explain what happened at bain of the at the end of the day they opened up call centers outside of the united states. and packaging plants outside of the united states. there are plenty of americans who would have loved to have those jobs. i know every time americans pick up the phone and get a call center operator from india they can thank mitt romney for that in part because he was very forefront creating those kind of atmospheres. megyn: is that right? one guy calls everybody asking a problem with windows even if they have macs, is that mitt romney's fault? >> sure. megyn: make up artist at here at fox, maureen is very angry with him. does chris hahn have a point? the american people, it is a difficult explanation. will they part nuances or associate outsourcing bain, corporate greed, mitt romney? >> well it would be nice if the democrats and the obama campaign had any regard for the truth but we can't rely on that. so we'll have to go to plan. about. look, chris hahn, you just said, you don't care in

effect whether it is true or not. it works. and i heard pundit after pundit, democrat politico after democrat politico yesterday on various cable networks, hey it works. they don't respond to the fact that it is false. not fact check.org and glen kessler at "washington post" who gives the pinnochio scale. on two different occasions he looked at claims by the obama camp and gave them 4, the maximum number of pinnochios available, meaning they're lying. can we say that outright? but democrats don't care. they see it as effective. they don't have any relationship with the truth here. and can i add something i think is important? when the networks recognize and they do, know they read "the washington post" every day, they look at fact check.org, when they recognize all these claims are false the networks should refuse to run ads that they know are filled with out right falsehoods and misrepresentation. >> i'm sure chris could appreciate this though. he watched the primaries.

mitt romney, 95% of his ads were negative and most of those negative ads would be said by his republican opponents to be misleading and down right lies. newt gingrich called him a liar. couple of weeks before he dropped out of this campaign. i find it funny. >> do you? >> mitt romney getting same treatment back to him how he whines and complains and demagogues about it. >> you're conceding these are lies, right? >> i don't think they are lies. >> well you just said two different ways you just said that they are. >> mitt romney wants you to define what the deafs anything of is is. what is -- >> that is your guy. >> overseas or outsourcing. megyn: let me ask you this, chris hahn, what of this washington report with the four pinnochios and fact check.org report and saying they are not true. do you reject those? >> i do. i reject them the wash upon post thing we're referring to is column. it was not the actual paper. the paper refused to take

back. >> not true. >> romney asked "washington post" to take back the editorial on this and excuse me the reporting on this and "washington post" refuse because they thought the reporting was accurate. >> can i respond to that? megyn: go ahead, chris. >> "the washington post" last week with second go around with pinnochio scale getting four from glen kessler i assure you is no conservative, samed edition of wash upon post ad attacking mitt romney as outsourcer at bain capital, further into the same section of the paper gave him four pin yoke -- pinnochios making claim. if we had a honest news media or networks wouldn't knowingly run lies from political candidates we might have a better, cleaner, more civil political discussion this country. what do you think, chris? >> romney agrees to stop lying. the guy has lied, every word out of his mouth has been a

lie. every word. mitt romney has not told the truth once this entire election season. megyn: chris. >> i'm flabbergasted by that. that is obvious falsehood and at end of series of falsehoods coming from the president and white house, campaign, the white house press corp, the broader news media. i wish you wouldn't perpetuate quite honestly. it is absurd. they love staples. did you see the story in the examiner, the obama campaign spent $17,000 in the last year at statements. they set up account with them. -- staples. megyn: i have to go. for any viewers on the side of chris plante and not chris hahn have negative feelings toward chris hahn, stand by. this may turn you around. may turn you around, chris plante as well. my friend, chris hahn you are doing something wonderful this weekend. running in a triathlon to raise money for homes for heroes charity, correct? >> that is correct. megyn: let's see him again. that is wonderful. i know our own liz claman at fox business network done a lot for that organization as

well. we wish you all the best. thank you for helping. >> a great charity. help great heroes. this 4th of july if you want to get involved get on that website and donate. these guys are great and deserve it. megyn: god bless. wish you luck. we'll talk to you more about it a little later. megyn: certainly not to take away efforts from our friend chris hahn but we wanted to use this opportunity to tell you tomorrow right here on merc "america live" we are honored to have more than a dozen severely wounded warriors working with this program and they will be live here on that program. they are getting a special tribute at ground zero tomorrow. these are men who went and risked their lives for this country, fighting abroad and paid dearly, paid a dear physical price. then tomorrow we'll go to ground zero for some of them for the first time, and then they will come here live to the studio to talk to us and give us all a lesson in patriotism and what it really means to be an american on july 4th. if you see no other tv this

week, set your tivo. this will be worth watching. well, coming up, a bizarre scene in court. moments after being found guilty of arson, a man appears to pop something in his mouth and he dies moments later. what could it have been? in three minutes, forensic pathologist michael bauden explains what he believes really happened here. fireworks over the supreme court ruling on the president's health care law. radio talk show host mark levin blasting the decision and the chief justice. now suggesting we need term limits for federal judges. he joins me live ahead. >> this decision is so absurd, it is so internally contradictary, if i were john roberts i would be embarrassed to have my signature on it. is america's ? oh, you're good! hey, did you know that honey nut cheerios is... oh you too! ooh, hey america's favorite cereais... honey nut cheerios

ok then off to iceland! fight both fast with new tums freshers! concentrated relief that goes to work in seconds and freshens breath. new tums freshers. ♪ tum...tum...tum...tum... tums! ♪ [ male announcer ] fast relief, fresh breath, all in a pocket sized pack.

megyn: we are getting new insight today on a dramatic scene inside a courtroom involving a former wall street trader who may have popped a poison pill

moments after being convicted of torching his own multimillion-dollar mansion. he was on trial for arson. pick up the story with the verdict being read last thursday. >> we the jury duly enpaneled in the above entitled action upon our oath do find the defendant, michael james mayor, guilty of arson of a occupied structure. megyn: now watch as the deft michel mayer run closes his eyes while the rest of the verdict is read. he watch this. drops his head. lifts his hands to his face. clearly looks like he is putting something in his mouth. we don't know that for a fact. but that is how it appears. the theory is that he swallowed something because within moments collapsed onto the floor, and was later declared dead at a hospital. joining us now, forensic pathologist and fox news contributor dr. michael baden what he thinks may have happened inside the courthouse today day. dr. baden, we're so glad you came.

we got so much mail on this people were fascinated by what happened. we've never seen anything like this before. could it have been a single pill that led to his death just moments later? >> megyn, this could be typical for cyanide capsule. the old capsules that contained 100 to 200 milligrams of material in it. and that is, would cause, just what you see here. turn as little reddish. that is what cyanide does. he can't breathe and he goes into convulsions and dies so quickly. other drugs arsenic can do it the but they take longer and the only kind of, natural disease that could cause this would be a heart attack, that would cause fatal arrhythmia but it seems that the autopsy which has been completed didn't find any evidence of heart disease. megyn: then moments after he appears to have taken a pill, that is just speculation

from what we're all seeing together, he took a sip of a sports drink. they're going to analyze the sports drink as well. i guess so far the initial reports were that they, they're going to test it for poisons and that they're also testing, they're doing toxicology report. eventually we will know. >> yes. yes. and also it would be interesting to talk to people who were there as to whether they had an odor. cyanide causes an odor-like smell but only some people can smell it. it is genetic. 60% of people can't smell it and 40% with the gene can smell garlic or amon odor from cyanide. megyn: is cyanide something you can get at the local vvs? seems bizarre someone would have a pill of cyanide at the ready. >> megyn, if you look on the internet you can get cyanide because it is used widely

industrially for pesticides. you can get strict nine and arsenic which have legitimate uses but they're available easily if somebody is planning to get something to use. megyn: unfortunately. >> for pharmaceutical --. megyn: here he is moments later brought out on stretcher. we'll not show you disturbing video inside the court whatever he may have taken appears to be having effect. we see him do something with his mouth and sits there. moments before we would be dead in the other video, doc, what would a cyanide pill be doing to one's insides at that moment? >> well, when, first it goes in the mouth. nothing happens in the mouth. he then washes it down with the water. goes into his stomach. the stomach starts absorbing it. it gets into the bloodstream. when cyanide does, is it prevents the oxygen from the, on the red blood cells from getting into the cells of the body. every cell of the body, has

might toe con drea that transports oxygen from the blood into the cell. the cyanide interferes with that it happens so quickly that the person will pass out within a minute or two once it is absorbed into the bloodstream. megyn: there were reports of, you know, some, sort of con having and -- convulsing and frothing at the mouth. would that be consistent with that kind of poisoning? >> it would be megyn because as the oxygen doesn't get into the brain, the brain starts dying, very quickly and starts convulsing. strictnine makes greater convulsions where the back is arched and things. but this doesn't look like that. looks like he is convulsing because the brain isn't getting, brain cells are not getting the oxygen it needs constantly. megyn: wow, it is so disturbing to watch. >> it is. megyn: unfortunately we're

told this man had children. go ahead. >> megyn, this is what we used to kill the people in chicago with the tylenol overdoses and used to be used in our gas chambers whether we had capital punishment using poison gas. that was the gas that was used cyanide. megyn: oh, my goodness, so disturbing. what a tragedy. dr. baden, thank you, sir. always a pleasure to get your expertise on this. >> thank you, megyn. megyn: the toxicology will eventually come out. the u.s. border patrol union speaking out about a policy what border agents should and should not do if they run into someone armed with a gun. the policy the union says could be summed up in three words. that is ahead structured settlem. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: outrain today from the border patrol union over

homeland security policy that they say orders them to run and hide if they are confronted by a gun man. union members call the advice, quote, down right insulting. trace gallagher is live in los angeles. trace? >> reporter: what it is, megyn, is a 45-minute video course that is mandatory for all dhs employees including border patrol agents and border patrol employees. it is called, i'm quoting here, active shooter, what you can do. it emphasizes three main points. the first main point is, that one, you should evacuate if possible if there is shooter in the building. two, you should hide. then as a last resort you should take action. listen to part of it. play this. >> if evacuation is not possible, you should find a place to hide where the active shooter is less likely to find you. block entry to your hiding place and lock the doors. use heavy items to barricade yourself if possible. >> reporter: customs and border protection is now

defending this saying and i'm quoting here, cpb workforce training is designed to prepare all employees to understand their own roles and the roles of their own fellow employees in responding to threats in a active shooter scenario. employees are taught to take actions to keep them alive. in several cases including the shooting in tucson that wounded gabrielle giffords and killed six others and fort hood shooting in fact a law enforcement officer with a gun could have stopped those shootings cold. their union issued this statement again, quoting here, telling law enforcement officers that in all instances, they are to run away and hide from some thug while innocent victims are butchered is simply inexcusable and pathetic. keep in mind we reached out to the national border patrol union as well, they say their interpretation was this was not meant for agents who are carrying weapons, only for others. but again we pressed dhs and

their response was, nope. it is for everybody. we should also point out when brian terry and his colleagues arrived on scene the night that brian terry was shot and killed, they were first told to use non-lethal force, which in that case turned out to be bean bag weapons. megyn: that's right. trace, thank you. three words are, i guess, insulting, inappropriate, and pathetic. that is from the border patrol council. we have a developing story in the persian gulf now. iran test firing a dangerous new missile that could put american troops in harm's way. we'll have a live report on rising tensions between the u.s. and the islamic regime next [ dog 1 ] i am not a sheep... i'm a sheep dog!

i don't want to just eat plants. [ dog 2 ] what do i look like? a rabbit? yeah, maybe, but i don't want to eat like one. [ male announcer ] most dry foods add plant protein, like gluten but iams never adds gluten. iams adds 50% more animal protein, [ dog 4 ] yum! [ male announcer ] a naturally complete protein source. [ dog 5 ] iams keeps this body strong as an ox. i mean dog. [ male announcer ] iams. not just food. nutrition for life. [ dog 6 ] i am an iams dog. not a rabbit. woof.

megyn: iran upping the ante in the war of nerves over its nuclear program. test firing a dangerous new missile that could put hundreds of thousands of u.s. troops in

harm's way. the rogue nation claiming it successfully fired a long-range missile capable of hitting israel as well u.s. bases in the region. iran says this is in response to israel. earlier today we got reports that the pentagon is quietly moving forces into the persian gulf region, additional forces, i should say. leland vittert standing by in jerusalem. >> reporter: this is coming just as the latest round of oil sanctions against iran is starting to have an effect on the iranian economy. the iranians are saying if you are going to threaten us mekally we'll threaten you with missiles. we have a mapw that shows the range of the shabab missiles.

also the bases where 100,000 american troops are based. the parchin * felt believes they are doing test on high expressives, that is the trigger that would bed for a nuclear bomb. june 21 shows the site. there is a lot of earth-moving equipment brought in to bury different parts of that site. also some water tankers that have been brought in that appear to show the iranians trying to sanitize things if and when inspectors are allowed in. we have seen the iranians do this before. they delay, delay, delay, then allow the inspectors in in an

attempt to buy time. they talked once again about closing the strait of hormuz. 20% of the world's oil flows through there every day. fighter jets are capable of stealth attack. there is no mistaking the message sent to iran yants. the question is when if ever the united states or israel become tired of the iranian tactics and launch a preemptive strike against the iranian nuclear facility. clearly today's war games were meant as a preview of what that counterattack would look like. megyn: the military showdown always seems to center on the strait of hormuz. 17 million barrels of oil go through it every day. that's roughly 20% of all oil

traded in the world. iran often threatens to shut it down. because of all the traffic moving through it, it's considered the most important choke point or narrow channel in the world. brand-new polls out from rasmussen reports taken just after the landmark ruling on healthcare and the high court gave the law its stamp of approval. the point is they were taken after the ruling came down last thursday. nearly half of the folks surveyed believe the law is bad for the country. only 37% believe it's a good thing. when it comes to repealing it. 44 strongly favor repeal. and 30% strongly oppose it. how accurate is it? it's been a couple days. what would you expect the sort

of adrenaline one way or the other, how would you expect that to influence your poll? >> a lot of times you are concerned about a bounce like that. but these result are just about the same as they were the week before the supreme court ruled and a year before the supreme court ruled and they are almost the same as they were a week after the bill passed. the american people made up their minds. the supreme court can declare the law constitutional, they cannot make it popular. megyn: 51 repeal, 30 do not. the u.s. constitution was the debate for the healthcare decision and how many powers it gives to our congress. you asked folks, should we change the constitution? overwhelmingly the spokes said no. >> 96% said don't change the at

all or make minor changes. you have to interpret this as reverence for the idea of the constitution, a written law that treats everybody equally. people like the idea that we have a document that is supposed to place limit on governments. i wouldn't interpret this to say everybody knows the provisions and theories and legal term taightss of the u.s. constitution. megyn: but they know generally what it stands for. if you ask, does it contain too many restrictions on government or not enough? and they seem to feel there are not enough restrictions on what the government can do to us. >> 51%. americans believer rather than being a protector of individual rights the government has become a threat to individual rights. tomorrow is july fourth.

we are celebrating the decoration ofo -- the declaration of independence. 94% of americans agree with that. megyn: the attorney general of the united states, you ask folks, do you have a favorable view or not favorable. it turn out about 49% have an unfavorable view of the attorney general, 27% say they have a favorable view, and 23% are unsure. what does that tell you? >> attorney general holder is the least popular cabinet member in the obama administration. he's one of the better known. he's been visible in the voting rights issues. they haven't changed much since the contempt vote. his position is safe as long as

president obama stays in office and as long as these numbers don't get a lot worse. megyn: when you asked if he should resign. do these break down the 49% unfavorable for him, 20 per favorable and 40% want him to go along party lines? >> have much so. republicans don't like him and think he should go. democrats have the opposite view. we talk about the fast and furious scandal. only conservatives and republicans are really paying attention. a lot of democrats have not tuned into the issue. in fact only 58% even know that the house voted to find him in contempt of congress. megyn: it's not surprising when you see the reports of how little the mainstream media covered holding the attorney general of the united states in

crimin contempt. >> that's where the danger lies for the obama administration. as long as it stays where it is it doesn't reach out to other americans, holder this fine shape and it won't affect the campaign. if it becomes a bigger story, then the numbers could change. megyn: scott, thank you. just got a statement from u.s. immigration and customs enforcement or i.c.e., regarding the i.c.e. agent shot in texas. the agency says that agent is in stable condition after the shooting. it happened south of corpus christi near the border with mexico. the special agent was conduct an ongoing criminal investigation. that shooting comes on the same day police in texas are ruling out a new weapon in the fight against the mexican drug cartel unveiling high-tech armored gun boats to patrol the waters of

the rio grande. casey stegall has more. >> reporter: these cost $580,000 apiece. there will be six of them patrolling the waterways. all of them are named after dps officers who have been killed in the line of duty. the rio grande is a hotbed of activity for these cartels. it's the only thing separating the lone star state from mexico in many areas. illegal immigrants try to swim across. drugs are moved on rafts and it's common for officers who come out of fire. our own fox news crew saw what was going on down here just last week. >> there are vans parked along

the side. this is a continual process. >> we are trying to stay ahead of the game. >> these marine intercepter toes are helping stay ahead of the game. 900 horse power, fully automatic machine guns and 34 feet long. the key is to intimidate the bad guy by their sheer presence and serve as a deterrent but also be in a position to fight back. in addition to the rio grande river the boats will be used in the intercoastal waterway up near corpus christi, texas are drugs and weapons are filtering in through the gulf of mexico. it is nonstop down there. megyn: an ear-hearting outburst is caught on camera in a courtroom.

it wasn't one of the parties it wasn't one of the lawyers it was the judge going berserk on a defendant he apparently knew too well. did he cross the line? we'll discuss the hot water he is in. speaking of judges in hot water. allegations the chief justice of the united states bowed to political pressure on his decision on the healthcare law. it has conservative radio host mark levin calling for term limits on chief justices. they now have life appointments. >> i think it is abundantly clear, i have read this over 200 pages of opinions three times. that the court is not a happy place. i don't think there is any doubt

that john roberts switched sides at the 11th hour. that he stabbed the dissenters in the back. a party?

[ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge!

megyn: it's been almost five days since the healthcare ruling from the supreme court and we are still seeing growing anger from conservatives and others over the vote of the chief justice of the united states john roberts. radio host mark levin has been particularly outspoken, arguing that the roberts' ruling in favor of this healthcare overhaul is damage and down right dangerous. take a listen. >> john roberts threw the door wide open on the constitution. to massively increase the

federal government's power against you. do you think it many just to raise revenue? no, it tops coerce you and punish successful people, to stop you from eat are certain times of food and buying certain times of the automobiles within on and on and on. megyn: joining me by phone, mark levin, the host of the "the mark levin show." and the author of "men in black, how the supreme court is destroying the united states of america." it seems like many conservatives are dried on this. some -- conservatives are divide on this. some believe it's a master check move by the chief justice who managed to narrow congress's powers under the commerce clause and are declaring victory. >> this is why conservatives

screw up so often. where obama-care is upheld and the supreme court becomes more powerful and we continue to lurch left ward and they see victory. they are blind i their own silliness. they have tried hard to prop up the silver lining argument. there is no silver lining. what we lack in to many public officials is virtue, is integrity. is prudence. an overtime they become cynical and deceitful. and their view of our constitutional system collapses. one way to try to address this is to insure that there is more opportunity for other brilliant people, great lawyers, judges and so forth to step up to the plate and have an opportunity to participate in the governance of this country. megyn: i know you believer term

limit might be a way of getting at this. federal judges have lifetime appointments. there are real questions about whether that was the case here because a jan crawford is reporting based on two supreme court sources that justice roberts flipped his vote and it may have been because of his attention to the media and his wishes over how the court might be perceived? >> that quite right. he's not immune from the political system. he's immune from us dealing with it in the political system. i do believe in an independent jew dish judiciary. but i believe in independent justices who aren't influenced by the press. if justices are going to be influenced by the press or academia, why should they serve for life? we had a peek although many of

us knew this already, the country had a peek into this process so it' not such a secret, the politicalization of these courts. some are better than others but some have trouble containing themselves. the 9th circuit is out of control, but there they sit lifetime appointment. john roberts with a piece written in 2007. roberts basically spent on and on talking about how he wants to be the next john marshall or lead like john marshall, they want to be friends in the court. there wasn't a word in that article about upholding the constitution. presidents make mistakes in their nominations. senates make miss nation their confirmation. -- make mistakes in their

confirmations. megyn: i always get uncomfortable when people go off the justices in wake of their rulings. would i like to believe that they are motivated by their own true ideological interpretations of the constitution. not political ideology. but the way they think the constitution works. tell me if i'm wrong. >> i don't normally go after justices by name unless justices by name go after us. we did is so damaging to the court, to the perception of the court and so forth. he has to be called out by name. we call senators and congressmen and the president. the more justices want to play politics the more they won't be immune from the political process or free speech. i could talk about what the court did and we all know roberts did. would i sounds like an idiot if

i was attacking the court and not dealing with robert specifically. he was the so-called swing vote. and why did it swing? did it have anything to do with constitutional jurisprudence? nothing. megyn: the jan crawford report sheds some disturbing light on it though some are contesting it. new developments on the split rocking tinseltown. on the eve of the july 4 holiday some wisdom from president ronald reagan on the price of freedom. you'll also find us i, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can ask for a name you know. because personal service starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start.

our support teams are nearby, ready to help. it's no wonder so many investors are saying... [ all ] i'm with scottrade.

megyn: one of the most read

stories in the country has to do with the divorce of tom cruise and katie holmes. a number of hollywood watchers say it's not a surprise the church of scientology is taking neat this split. the church has been a big part of their lives since they said "i do." now reportedly holmes wants custody of their daughter to keep her away from the church. >> reporter: neither katie holmes nor her attorneys have given any reasons why this split is happening. but many sources have gone on the record saying katie holmes has been more after catholic than a scientologist and she would prefer to raise her daughter as a catholic. her father who is a lawyer advised her to give the church as lit information as possible.

the reports say the reason knee filed for custody is to limit how much of a role scientology played in her life. legal experts say you would have to prove that the religion has a negative effect on the child, and that is a very difficult to prove. katie holmes has hire two legal firms. one in new jersey, one in new york. she did not hire anybody in california where they were married and where they also lived. both of the firms she hired handle wealthy client divorce. in case you didn't know that man right there's birthday is today. tom cruise, 50 years old. not a very happy 50th i surmise. megyn: she is only 33 years old. she is trying to distance herself from scientology.

they say it's like one of those things once you are tonight's tough to get out. and they are probably filing a lawsuit against me for saying that. they love to sue. >> reporter: they do indeed. megyn: bring it. >> reporter: you are a lawyer. megyn: if i'm not here tomorrow you will know why. trace, thank you. speaking of splits. divorce hearings can get heated but it's rare when you see the judge doing the yelling. watch this. >> [inaudible] megyn: you are not having a good day in court when the judge is speak to you like that. is this a case of bullying from the bench? that judge is in hot water. with just 24 hours to go until independence day, many patriots

are remind of presidents like ronald reagan who gave stirring speeches about his vision of freedom, liberty, the price we pay for it and the dangers that threaten it. michael reagan coming up. he will speak about his father's vision and how free he believes we are today. >> 56 men came forward. it was noted at the time they pledged their lives, their fortunes and sacred honor. that was more than rhetoric. each of those men knew the penalty or high treason to the crown. r cells plays a key role throughout our entire lives. ♪ one a day women's 50+ is a complete multi-vitamin designed for women's health concerns as we age. ♪

it has more of seven antioxidants to support cell health. that's one a day women's 50+ healthy advantage.

>> we hold these truths to be self-evident, that all men are created equal. they are endowed by their creator with certain unalienable rights. among these are life, liberty and the pursuit of happiness. last night when we rededicated miss liberty and relit her torch we reflected on all the millions who came here in the search of the dream of freedom. we reflected, too, on their courage in coming great distances settling in a foreign land and passion on to their

children and their children's children the hope symbol nieds this statute just behind us, the hope that is america it is the hope some day every people in every nation of the world will know the blessings of liberty. megyn: the blessings of liberty. president reagan july 41986 onboard the deck of the u.s.s. john f. kennedy. president reagan was known for his strong belief in the sanctity of freedom. 26 years after that emotional address, how free are we now? michael reagan is chairman of the reagan group. there has been a lot of talk about liberty with the canadian i of ron paul and he -- liberty

with the candidacy of ron paul. >> thank god for the ron pauls of the world. do i agree with him wholeheartedly? no. but he knows why he believes it an goes out there and talks about it. in the last couple weeks and days, the talk about the supreme court decision, last week a little bit more liberty taken away from us. the week before that what happened with arizona. more liberty taken away. the president of the united states using executive ordinariers to block his attorney general from having to turn over information. more liberty taken away from us. we all see this march towards taking more and more freems away. my father said freedom is never more than a generation away from extinction. we don't pass it on through our bloodstream. it must be fought for and it must be protected.

and we have to hand it down to our children so they do the same. my father understood this. my father when he talked about miss liberty he had such respect. his to the way he intones that. miss liberty, great respect. my father was a great leader. my sister maureen and i -- god bless her, she passed away from 2001 -- my far it was like the boy scout in our family. when he ran for the president of the united states and obtained the presidency, it was like him going for his eagle badge. that's what he was after and he got it and he did something with it. that's why i do what i do trying to uphold the legacy of my far it and talking about what ronald reagan stood for and making sure we keep the freedoms and liberties we had when he was president back in 1986. megyn: there is a lot of talk on

cable news about where this country is headed. bill o'reilly called into his own show the night of the obama-care ruling and talked about how we are at a shifting point in this country where we in his view need to decide whether we are going to be a society that depends on the government or not. are we going to pull ourselves up by our own bootstraps or are we going to be a society that depends on the government to do it for us? do you feel as if we are at a pivot point? >> we are. when you look at what's going upon in america. we have more people on the dole than ever before. we have just over 50% actually working. and everybody votes. they have the right to go out there and vote. but people keep voting for more from the government of the united states. we can't afford it any longer.

what built this country was that generation. this was the greatest generation. they were workers and farmers and they dug deep to get things done. when my dad with us elected governor of the state of california, i was work at a trucking dock loading oil well freight. i dropped out of college. and my mom and dad said to me. you dropped out of college. now we are not going to pick up built. now you have got to get a job. i had to go out and get a job to take care of myself. that's the way america was built way back when. we don't do that anymore. megyn: some folks on the right object to what's been described as a huge tax of obama-care. taxing you for refusing to act as opposed to acting. but some of the left have objected to some of the national security measures put into place

under president bush. expansion of the government to search you or put if you prison or eavesdrop on you. even the tsa patdowns and mayor bloomberg banning big drinks in new york. now we can't have transfat and salt. little steps towards erosion of liberty by brought to mind another famous moment from four dad. >> we are a nation that has a government. not the other way around. and this makes us special among the nations of the earth. our government has no power accept that granted it by the people. megyn: has that been stood on its head the last 25 years? >> because of executive orders, yes, it has been stood on its head. >> here it has been stood on its

head with our governor signing executive orders. the number one job of the government is to protect the united states of america. we have men and women fighting in foreign lands to help secure the freedom of people in foreign lands but we need to be fighting in america to secure our own freedoms instead of giving them up, thinking it will be better for fuss we let the government take care of all those things that we need. and that's not the way ronald reagan believed. that not the way his generation believed. and they instilled that this generation. we feel sorry for the next generation that's brought up. what are they going -- how are they going to be raised? are they going to be raised to pull themselves up by their bootstraps? are they going to be educated? our education system today, we are not educating our youth on the greatness of america.

when my father died in 2004, america lost a cheerleader. we do not have a cheerleader anymore. you are playing ronald reagan quotes because there is no one else to play to uplift americans and be a cheerleader for america. america wants a cheerleader. let's find one. megyn: we are a nation that has a government, not the other way around and this makes us special in the nations in the world. i'm taking your thoughts on it. follow me on twitter at megyn kelly and let me know where we stand in terms of our freedom and liberty as americans. coming up next, major legal concerns after an explosive courtroom outburst is caught on camera. it wasn't this man doing the shouting at his divorce hearing. it was the judge who let him have it.

that's next. >> if you say one word out of turn, you are going to jail. do you understand me? [shouting] [inaudible] call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: a war of words in a divorce case with the explosive outburst coming from the judge who went after the preferrer husband then refused to recuse himself from deciding the case. judge william watkins iii ranting against the reverand arthur haig, accusing mr. haig of leaking a picture of the judge's home to his news blog. apparently this man doesn't get

along with the judge. the tirade was so heard it was hard for the courtroom cameras to even capture. listen here. [inaudible shouting] >> you put up a picture of my house. because of you, my wife [inaudible] i'm sure you are probably laughing about it. i swear to you, you are responsible. i'm holding you personally responsible for anything that happens to my house. megyn: objection. that judge is accused of abusive conduct and could be facing fines and suspension without pay.

joining me now joey jackson and mercedes colwin. move to strike. >> unbelievable. megyn: have you ever found yourself on the receiving end of that, joey? >> once or twice. he clear had a meltdown. he was wrong and the reverend was wrong. i'm not saying two wrongs make a right. i'm saying that to make every one understand what we all know. as humans we have bad days an had a tipping point. i just hope his conduct is evaluated on balance. on this day he stepped over the bounds a little. does he deserve to lose his job over it? absolutely not. megyn: that he could have conceivably done. he was upset and if this man did leak his own home -- he hadn't paid his homeowner's association

dues according to the defendant and the judge suspected the defendant of leaking that to the local paper. the wife is at home, she is disabled. the judge is not happy. does that justify the judge saying things like number two. sound bite number two. stand by. >> please understand that i will personally see to it that you never see a free day in your life. you understand that? you are going to jail. i swear to god. >> i can't stop laughing. this is absolutely insane. you are never going to see another free day as long as you live. you will be locked up forever. you are done. please. megyn: he's just trying to get a divorce. >> i'm sure the administrative judge is saying get this guy off the bench and we better start pulling transcript on other cases. the wildness he exhibited may

have been exhibited on other cases. megyn: he was threatening to put the guy in jail because he violated a protective order that was in place in the divorce. what can happen to this jacques? i'm told he cannot be removed from the bench because of the west virginia code. >> i have appeared before mercedes when she was a judge and she never spoke to me that way. she saved that or off camera. there could be the loss of pay, there could be a suspension. in terms of his removal i don't think it many warranted. this is one outburst. should we evaluate someone on a snippet of their life or take the whole picture? megyn: apparently it was several outbursts over the course of 15 minutes. the judge came out -- you are supposed to have the appearance

of impartial aality in these cases. -- in impartiality. he was giving the way everything she wanted. then he admitted that he's got a personal problem with the defendant. listen to this sound bite. >> it is personal. you threatened my family and i promise you you will not hear the end of it from me. megyn: how does the judge not have to recuse himself from deciding the case which he refused to do? >> someone has to give hail mental health test. if you think you are so biased in this situation of course recuse yourself. i'm surprised he didn't jump up and say recuse myself. then he says, no i'm not. >> look at the mitigation here. you have a disabled wife at home. as a result of this reverend's

conduct the home is being vandalized. the wife is scared to death. this is outrageous conduct on the part of the litigant. to justify what the judge did we don't know. megyn: when the judge is ticked off at somebody. is the remedy not for the judge to step down and reassign the case to somebody else and pursue civil or criminal remedies he may have against the defendant? >> absolutely. you have contempt of court. the reverend would spend and couple days in the clink. megyn: i got to go. thankst you. uh, forgot jack's cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one.

his morning starts with arthritis pain. and two pills. afternoon's overhaul starts with more pain. more pills. triple checking hydraulics. the evening brgs more pain. so, back to more pills. almost done, when... hang on. stan's doctor recommended aleve. it can keep pain away all day with fewer pills than tylenol. this is rudy. who switched to aleve. and two pills for a day free of pain. ♪ [ female announcer ] and try aleve for relief from tough headaches.

>> the andy griffith show with

ronnie howard, also starring don knox. megyn: who could forget the familiar theme of the andy griffith show. many of us group with him. knew fond farewell to a tv legend. >> reporter: he was america's favorite tv sheriff. andy griffith passed away this morning at age of 86. he has already been laid to rest on his beloved roanoke island. his roles reflected his deep respect for his upbringing. the governor of north carolina called him their favorite son. saying he was the standard by

which entertainers would be measured. the show still runs in markets across america. he became "matlock." and the presidential medal of freedom was awarted by george w. bush in 2005. director ron howard played griffith's friend opie. you know, president obama is weighing in. he called give -- called griffith. megyn: my nana was a huge fan of

his in the "matlock" years. he will be missed. andy griffith dead at 86. we'll be right back. [ male announcer ] don't miss red lobster's four course seafood feast,

st $14.99. start with soup, salad ancheddar bay biscuits then choose one of 7 entrees plus dessert! four perfect courses, just $14.99. come into red lobster and sea food differently. the calcium they take because they don't take it with food.

switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption.

>> now an invitation, i hope you join me nor for a special edition of "america live." we have more than a dozen wounded warriors. they will receive a special tribute to ground zero in the morning and join us to talk about freedom, liberty and sacrifice on july 4th. set the tivo, grab the tissues and join us. >> the news begins anew in "studio b." the united states and pakistan ended a 7 month standoff offense a key supply route to afghanistan but it took a phone

call from hillary clinton. cops arrested the c.e.o. of one time online poker giant on accusations he ran a ponzi scheme that scammed players out of hundreds of millions of dollars. a trade group for drone makers and operators has released a code of conduct for the flying machines. but does it do enough? that's all ahead unless breaking news changes everything on "studio b." but first from fox at 3:00, the u.s. is saying sorry for the nato air strike that killed two dozen pakistani troops last year and secretary of state hillary clinton said both sides acknowledged the mistakes. at the same time pakistan agreed to reopen key border crossings in afghanistan. pakistan closed them in retaliation for the strike effectively cutting off supply routes f