was studying neuroscience, which means he was studying various mental health issues. the notebook could also have many more chilling details inside. the f.b.i. clearly only releasing a few of those to foxnews.com. still very much interested in why he sent this to the professor in the first place, and keep in mind, megyn, this thing had been in that mailroom at the university of colorado since july 12th. it was unopened, that's eight days before the shooting happened. as we get more details on this we'll bring them to you. megyn: that is stunning. and you can only wonder what the victims' families will be left to think about now if in fact it is confirmed that this package sat in that mailroom since july 12th, a week prior to the massacre. what if someone had opened it? what if someone had done something? it's just one of the -- just added to the list of questions we've been asking ourselves in

the wake of this shooting. it's impossible, really to comprehend why a person would carry out such a horrifying crime. in the case of this massacre the reason may be even more difficult to determine. at the bottom of this hour we look into the reasons why. we will speak to the f.b.i.'s leading expert in the area of psychopathy, marrow ellen o'toole has spent her career analyzing the criminal mind working on notorious cases, including the unabomber, the zodiac serial murders. what happened with polyklaas and elizabeth smart's abduction, and the natalee holloway case and the monster of florence case. she will be here in less than a half an hour as we ask her about the new details from foxnews.com exclusively.

some surprising new developments in a controversial attack ad put out by the democratic national committee. the dny had apologized and promised to pull the plug on an ad featuring the horse used by ann romney as part of her multiple sclerosis therapyment this is an important horse in their lives because she does use this as many ms patients turn to this form of horse riding as their therapy. it can be very therapeutic with ms. here is part of how the dnc used the romney's horse in their ad. >> why do you have a swiss bank account and what do you say to american people who ask about that? >> the money that i have is managed by a blind trust. i don't manage the money that i have. megyn: well, then the dnc, you

know, as we point out in the face of this criticism came out and said, i want to read you the statement. our use of the romney's horse was not meant to offend mrs. romney in anyway and we regret it if it did. we were simply making a point, we have no plans to invoke the horse any further to avoid misinterpretation. well one week later and the ad is still up. it's all over the dnc's facebook page and on its rapid response youtube channel racking up more than 91,000 views. guy benson is a political editor for townhall.com. according to them they are sorry if it offended mrs. romney who suggested indeed they did manage to offend her by using her therapeutic horse in an ad. and said they regretted it and had no plans to invoke it any further. >> yeah, real interesting, isn't it megyn? call me old fashioned, whethe where i come from and you apologize for it you actually

pull the ad, that's how i view the world. maybe the dnc doesn't quite see eye to eye. let's just stipulate this was a really stupid ad, i think it's an ineffective ad. it comes back to the point you brought up, which is that this is a horse that mrs. romney uses to treat a cruel, debilitating illness that she has been heroically fighting through much of her life. if we cast our minds back to 2008 when then candidate obama's wife michelle, she made some statements in some speeches on the campaign trail, saying for the first time in my lifetime i'm proud of my country. and there were republican groups that came after that and said, what do you mean by that mrs. obama they put them into web ads and that sort of thing. the then candidate, now president said that was a low class move, spouses are off limits. when people started raising some hackles about the ad, a portion of which you just played, the dnc, as you said, apologized sort of.

they said we are sorry if she is offended, which is sort of a hoff apology. they said they don't plan to use it any further. that was a week ago. it's a web ad featured on their official youtube account and on the facebook page and this is the democrat so-called rapid response, why haven't they rapidly responded here and taken down the ad that is offensive. megyn: i talked about this with chris stirewalt when it first broke. i said why is ann romney exactly offended when they didn't show her riding the horse. the horse also is an olympic horse. the horse is going to the olympics to compete. she won't be the one riding it in the olympics. to the extent it belongs to the romney's and the horse is dancing why can't the dnc use it. chris and viewers said, what if it were her seeing eye dog? what if she were impaired visually and they decided to take her seeing eye dog and put it in an ad and mock it and make

fun of it. that sort of hess you get the understanding of why this would be offensive to mrs. romney and why turn it into an issue as even the dnc acknowledged. >> right. the other thing here, the person who put it most eloquent lee was neil cavuto who delivered an impassioned monolog about this on his own show when another cable news channel was making fun of mrs. romney's horse, and of course the subtext there is look, they are rich, while ignoring the multiple sclerosis element of this. if's dnc apologizes and said they are not going to use the horse in their ads and they keep the ad up, it's completely on up. it's been more than a week. they've also taken a week to start finally responding to the you didn't build that, to romney taking the president out of context there, starting to push back in force today, a week later. of course it's not out of context at all but that's the story for another segment what is going on at rapid response? there are two options i see

here. eat the dnc -- tons of news outlets reported that they pulled the ad. either they were trying to mullify the press, and there have been thousands of this since they said they pulled it or they are incompetent. and i think debbie wasserman schultz and the president needs to make sure that this actually gets done. megyn: guy benson, thank you, sir. coming up an expert on the criminal mind, a true expert, f.b.i., live long, the one they call in when they have situations like this takes us inside the mind of the colorado suspected mass murderer. james holmes may seem outwardly strange but he lacks some of the typical characteristics she says of serial killers and other mass murderers. we'll talk to this former f.b.i. senior profiler about what she believes especially in the wake of the foxnews.com reporting, look at the cases theseee worked on the u.n. a bomber, the zodiac

killer, a slew of mysterious missin missing persons cases. a shocking video in a seaworld lawsuit. it had to be produced by saw world in the course of litigation. that's why it goes public and that's why you're seeing it now. it happened in 2006. you will not believe the heart-stopping tape as the whale turns on its trainer. we'll speak with the man who was in charge when that trainer was dragged underwater. plus, the president's order to -- well his critics say grants amnestygrant amnesty, he says he's being kind, humane to young illegal immigrants who are in this count tkpwraoe, tha country, that des*eugs has come with real sticker shock. the whooping price tag and who is expected to foot the bill. >> they pledge allegiance to our

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megyn: she calls herself the diva of the district. a 22-year-old law school student turns new york state senate candidate. check out her bright campaign web site where the song, i'm sexy and i know it plays in the background. some might laugh, who? she says her campaign is no joke. she says she is going flashy to grab attention to the real issues and taking her inspiration from none other than l. woods, remember that, the character from "legally blond." >> hi, i'm l. woods and this is broozer woods and we are both gemini vegetarians. i have a bachelor degree in fashion merchandising from

cula. i was president of my sorority delta neu and i was homecoming queen. megyn: candidate my eris running on the republican and conservative tickets looking to unseat kevin parker of brooklyn. we'll keep you posted on that. a new report reveals the cost of the obama administration's new plan to skip deportation erts when it comes to about a million young illegal immigrants. remember that announcement? that led to a lot of cons stern nation in washington. the first estimates in a report from homeland security marked not for distribution shows the following, the cost could be more than $585 million to allow these folks to stay here. that requires hiring hundreds of new federal employees to process the more than 1 million anticipated requests from these young illegal immigrants who want to stay in the country and work. this is all raising serious

concerns that taxpayers are going to be stuck with the bill. monica crowley is a radio talk show host and fox news contributor and author of "what the bleep just happened. she is here with us now. all right, monica. this was apparently not meant to be seen yet but the ap got its hands-on the homeland security department preliminary numbers. according to the government, they are the ones who are behind this plan, they are saying it's going to cost almost $600 million and that some of that is going to be offset, though, because they are going to fund it by charging the illegal immigrants a fee of $465 each for the paperwork. >> right. this is an internal review, not for the public's eyes like you said, somebody leaked it at some point, so we're getting these numbers now. as we know, whenever the government comes in and does their own sort of internal estimate about what a new program is going to cost it's always a major low ball estimate. megyn: you think 585 million is too low. >> i think that is way too low. we are talking initially about a

million people that fit this criterion of coming to the country before age 16, now under the age of 30 and so on. what i think is important for the american people to know is not just that this is a low ball estimate in terms of what it's going to costs, but you mention the fee. and janet napolitano will be overseeing this program. she has told congress, well, look we might have a lot of waivers here, we're going to look into hardship cases. so you know that the cost is going to escalate beyond that, that they are going to end up waiving the fee for a lot of people. megyn: the plans themselves say that depending on how many applicants don't pay, this is according to the "associated press," the government could lose between 19 million and $121 million. this is according to the department of homeland security plans as reported by the ap that they are saying depending on how many people don't pay we are going to lose between 19 million and $121 million. this is all under a program that president obama just created -- this was not approved by

congress -- >> yeah. megyn: it may be $121 million of taxpayers money to help the illegal immigrants this this country that nobody has approved this program except for president obama. >> and nobody has bulge hette budgeted for. we have a unilateral vacating of major immigration law done by the president with this. we have essentially de facto amnesty for this particular group of people. megyn: they only get work permits. >> correct but we all know once we go down this road eventually citizenship will be part of the package. it's not as of yet, but this is usually the path it goes. and then on top of it now we have this extra cost to the taxpayer, and the most important thing i think is that this is such a vehicle for expanding and growing government, because as you mentioned the department of homeland security now is going to have to hire about 1400 new employees to process all of these applications. megyn: they have to do that because already the republicans

are objecting that those are waiting in line that didn't come into the country i will lying alley that those folks shouldn't have their applications delayed because now dhs has to lock at the application beings of the entire 800,000, how many it is group of illegal young aliens. they have to hire more people and it costs money. >> of course it cost money but it's also about growing government. not only is the taxpayer going to get stuck with this bill for something the majority of voters don't approve of anyway, but now you're expanding a government of federal employees now. i think this is a low ball estimate when they talk about 1400 new employees, i think they going to need a lot more than that to absorb over a million applications that they anticipate coming in in just the first year. megyn: don't you think now with public scrutiny on these numbers, since this is just a preliminary plan, i mean they will be less likely to waive the fee? i understand normally we waive certain fees, whether it's dmv or with the feds, whatever, due

to indigence we will help you in this country, this is the type of country we are. this is a different situation because you're talking about folks in the country illegally, they are not american citizens and the whole question is we're already being sort of a gentile nation by allowing them through this program that president obama has set up the opportunity to stay here for an extra couple of years. the question is whether we then need to pay their paperwork fee. megyn: every time the federal government, over many decades has set up a new social welfare program, and i put this into that category, that it grows far beyond the orange tphaeupbl tenth. original intent. whether it's medicare, medicaid, it hasn't just become a temporary step stone or helping hand. all of these programs end up being ways of life. when they become ways of life you also have the expansion in terms of taxpayer subsidies for this. so you know, you know that we're going to go down this road where you're going to have an ever growing number of people whose fee is waived and it will be

absorbed into the system anyway. the fee will be knocked down from $500, you know that this is the path it's going to take, because every government program essentially has taken this path at one point or another. and the taxpayer is the one who ends up footing the bill. megyn: monica crowley, what the bleep just happened. >> i think people are asking that very question about this program. megyn: it's a funny book title and it's doing brilliant lee. thank you for being here. a troubling new report on new home sales suggesting serious danger for the housing market. economists warn that the new numbers may show a wider problem. i thought we were seeing a little rebound, what is the story? the city of anaheim, california gripped by violent riots for days now. the protesters are angry over a pair of deadly police shootings, officer involved shootings. we'll tell you the very latest that has led to scenes like this. [chanting]

>> look what these cops are doing! a party?

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megyn: new fears that america's housing recovery may be in serious new trouble. the commerce department now says that sales of all new, single-family homes for the month of june have posted their biggest drop in more than a year. dennis kneale is a senior correspondent for the fox business network. i thought things were starting to improve in that department. >> reporter: just when some experts thought that the battered u.s. housing market finally had hit bottom another jolt of bad news. sales fell 8.4% in june to hit their lowest level in five months. on wall street it's a tkpwaeufpl expectations and a june number for an annual sales rate of

350,000 homes was under the expected rate of 375 and a fraction of the peak rate of 4.1 million homes of new home sales in 2005. a new report yesterday from zillow.com declared a housing bottom and said home prices in the second quarter rose over the year ago level for the first time in five years. the bad newsletters undercuts numbers on thao*u ne on new home building. so what went wrong in june? well it looks like tight credit conditions made it difficult for homeowners to take advantage of mortgage rates that are hitting all-time lows a. 30 year rate now often below 4% interest per year. americans are simply way too low on cash. the average u.s. household now has cash savings of only $7,000. hardly enough to make a 20% down payment on your typical $150,000 home. still a silver cloud does loom even in this bad report today, even as new home sales fell from

the month before they were still up 15% over june of last year, and the housing market won't stay in a slump forever. megyn. megyn: thank you. coming up an explosive new and exclusive report from foxnews.com today, that the man accused in the colorado movie theater massacre apparently tried to forecast his own plan to kill several people, at least a week prior to the movie massacre. right after this break we search for answers. plus, and we will by the way be joined by one of the most experienced f.b.i. profilers around, she's worked on all these crimes, the unabomber, investigation into missing people, serial killers worldwide, she's next. plus one of the most shocking pieces of video we have seen in a longtime, look at this. a seaworld trainer narrowly escapes death after repeatedly, repeatedly being pulled under by a killer whale at seaworld. we were not supposed to see this

tape, we'll tell you why we have it and we'll talk with someone from seaworld coming up. and democratic senator dianne feinstein trying to walk back her earlier criticism of the obama white house, in which she suggested the leaks on national intelligence and security may have come from the white house. what made her change her tune? >> i think the white house has to understand that some of this is coming from its ranks. ok! who gets occasional constipation, 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'.

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megyn: fox news alert now an exclusive reporting from foxnews.com. the man accused of killing 12 people and wounding dozens more almost a week ago at a colorado movie theater may have forecast his plans more than a week prior to the massacre. law enforcement telling foxnews.com that the gunman sent a chilling notebook to a psychiatrist at the university of colorado before the attack. detailing how he was going to kill people, drawing pictures of what he planned to do. that notebook only discovered in a university of colorado mailroom after the attack. a psychiatrist there thought a package that was addressed to him may have been from james holmes. it turns out it wasn't but as the cops searched the mailroom they found the notebook which was addressed to this psychiatrist/professor. the notebook's discovery comes as authorities try to piece

together clues in the search for a motive. my next guest is considered the f.b.i. in the area of psyc psychpathy. she has investigated the unabomber. natalee holloway. she is the author of dangerous inks teupbgts. how gut feelings betray us. marry ellen o'toole is with me now. thank you very much for being here. >> you're very welcome. megyn: what a stunning report from our.com property here, about hen attempt to warn. why would he have done that? >> this is a classic example of a very specific warning behavior, and that behavior is called leakage. leakage is the intentional, or even unintentional forecasting to someone, could be a colleague, it could be friends, a family member, what the plans

are. and it's done for a variety of reasons. but the important thing is that it happens, and it happens in each and every one of these cases. so getting out in front and being aware of what leakage is, so that you can identify it before the crime occurs is just so incredibly important. megyn: that is the horrible thing about this is, you know, one of the many i should say, is that the package had been in the mailroom at the university since july 12th according to one source, since july 12th, which of course is a week prior. the other source continue say if it had arrived prior to the massacre, so we don't know for sure. but, you know -- we don't know why the mailroom didn't open it or deliver it to the professor. the question here, mary ellen that we don't have an answer to yet is whether he was under psychiatric care, why did he choose this particular professor? he was in the neuroscience program which would require some study of mental illness and mental health issues. does that tell you anything? >> well, it doesn't take away from the fact that this is a crime that shows extraordinary

amount of planning, but not just planning, it was s sequential planning, analytical planning and complicated planning and sustained over a number of days if not months if not even longer. the fact that he was possibly seeing a psychiatrist may mean that he was feeling under stress, it may mean that he had issues, the university wanted to try to resolve, but for me it doesn't take away from the fact that he was in touch with reality, in my opinion, when he carried out this crime. megyn: how do you glean that? i know that you say that it is a myth that this level of violence must be associated with mental illness. >> well you look -- again you look at how the crime was carried out, and that he was able to sustain a very focused amount of attention to this crime, to the point where it's probably one of the most complicated mass shootings that we've seen for a very longtime. and if you are really mentally

debilitated by hallucinations and delusions you can't stay focused, you are not evidence conscience, you focus on one thing and then you change and focus on something else. that is not what we have here. the other thing i think is very important is from witness statements. when he went into the theater, and he was dressed in the outfit that he dressed in, he appeared to be cool and calm and collected. he wasn't screaming, he wasn't frenzied, he wasn't running up and down the aisles, he was someone that really showed a very thoughtful, very focused approach to carrying out this attack. and what is fearful is that one of the ways he had to be able to do that is to turn those victims into objects, and that's called objectfication, which has to be carried out this way in the crime that you're doing.

megyn: the question is why? if he's insane then we understand why. nobody understands the insane mind and what it is doing to the person. i want to show you this video that abc news obtained of the shooter six years ago when he was 18 years old making a presentation at a science fair. look how normal he is and help us understand. >> his goals are to become a researcher and make science big discoveries, it's a good start. he enjoys playing soccer and strategy games and his dream is to own a slurpy machine. [laughter] >> i'm james, i've been working with illusions. he also studied objective experience which takes place in the mind as opposed to the external world. i carried on his work in objective experience. megyn: your thoughts. >> my thoughts are that's a very

narrow look into his life, and this is someone that was able to behave normally around people as recently as several days before the shooting. i don't think it should be shocking to us that he was able to live on his own and to function and to come across normally, that doesn't mean that at the same time he is able to entertain very violent thoughts of homicide. the two are not mutually exclusive. megyn: have you seen that before in cases that you've studied? >> yes, yes, yes i have seen that, where people can come across very normally, very engaging, even charming, but they can actually almost simultaneously be thinking about very egregious acts of violence. the two are not mutually exclusive. generally we'd like to think that they are. megyn: we woman. you'd like to think there is a predictability.

do you say that that type of behavior, i know you talked about one of the cases that you investigated was that of wharls whitman the shooter in the 60s was it? >> 1966. >> and he was from the watchtower on the university campus, and, you know, is it that they are psychopaths, that they are sociopaths? what is it? >> well, in the case of whitman i know that goes back 46 years. we are actually still working on that case, the police officers are still alive and we are trying to take a look at the preoffense behavior there that was overlooked at the time. not that dissimilar to what we've seen in this case. it's coldblooded, it's predatory, calculated. he went to the top of the tower four and one-half months after he had visited his psychiatrists. he told his psychiatrist, i have fantasies of going on top of the tower and killing people. you know what the psychiatrist said later after the fact, he said i looked at him and i said

he looks like an all american american boy, he can't possibly be a psychopath, and he said i just let him walk out of the office. so when you see this kind of behavior, yes, one of the considerations has to be are there psychopathic traits here, at least to some extent, especially when you see the post offense behavior with a level of detachment and lack of remorse and attachment and reality for what the damages were here. i think that is a consideration, and he'll go through a very thorough mental health assessment process to make that determination. megyn: yeah, there is a report out today that he reportedly asked one of the prison guards how the movie ended. that he's been sleeping like a baby in jail. that he was not on drugs when we saw him in court making weird faces, that was him with his wits about him, to the extent he has them.

thank you for your expertise. megyn: for the latest information on this case it goes into more detail than we were able to go into here. go to our website foxnews.com and get up to date on all the very latest. coming up right after this break, the heart-stopping video of a seaworld trainer's near fatal brush. he was repeatedly dragged underwater by a 5,000-pound killer whale. we'll show you the video and we will speak to the man who was in charge when this trainer was taken under. we'll also take a look at london's last-minute security boost just days ahead of the upcoming olympic games. what suddenly raised red flags? trace is on it. as the violence rageses in syria there are disturbing new reports that al-qaida may have already infiltrated the syrian resistance. now a growing group of lawmakers here is petitioning the president to take action and fast. ambassador john bolton is here to explain why he was asked to sign this letter but declined.

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megyn: dragged underwater and gasping for air. newly released video capture the harrowing moments when a seaworld trainer was attacked by a killer whale. the ten-minute ordeal ends with the whale grabbing her trainer by his ankle and violently shaking him back and forth. she pulls him deep underwater and keeps him there for nearly a minute. finally they resurface, the trainer ken peters tries to calm the whale by gently patting her on the back in the mist of the attack. that does not work as the whale once again drags the trainer down, this time for about 40 more seconds putting her 5,000-pound body on him at the bottom of the pool. finally the whale let's the trainer go, an rushes to the side of the pool, tripping and falling as he makes his escape from the damage down to his

ankles. the video was captured by seaworld cameras back in 2006. it has now become public as part of a lawsuit. once it is introduced into evidence in court it becomes public. joining me is the former head trainer and vice president at seaworld and author of "whale done." this video is really something to see, and what do they believe was behind the whale's behavior here? >> well, what you didn't see in the video was a few minutes before ken actually got in the water with the whale you see him ask her to come up onto the slide-out area. that was ken testing to see how she was doing at that moment, because she had left him and gone over to the gate and looked at the whales in the back pool. so we, as we investigated this ourselves at seaworld back in 2006, right after the incident happened, we determined that she was probably interested in being

in the back, or interested in one of the other whales in the back pool, and that's why she didn't feel like being out there, possibly at that time. megyn: because there were reports that she had a calf, that she had a calf who was screeching for her mother from the other pool. so this may have been a mother trying to get to her baby? >> well, think that is an exaggeration, squealing -- the animals separate voluntarily. this is all a positive-based training system. the animals don't do anything they don't want to do. so she came out on her own and the baby separated on her own. when we say baby, the baby was over a-year-old, so it wasn't a little baby. megyn: i'm reading this from a new book called "death at seaworld" i gather from the title eye not that flattering to seaworld, but the author says the baby was in distress after the mother was separated from it and the mother may have just been unhappy and not in the mood to train because she heard her

baby. >> the author is david kirby, i've read excerpts of the book because i'm in the book also. it's telling that he never even contacted me or tried to contact me for any information on what had happened. i have worked at seaworld for 35 years. megyn: you were there at this point, you were watching this trainer, ken peters get taken under who was remarkably calm and welcome posed i have to say during the whole thing. how did he know when he was brought up for air to pat the whale, to keep his cool? >> all the trainers understand the animals that they work with. ken has worked with this whale, and by the way he continues to work with this whale, as soon as his leg healed he went right back to work and into the water with her. these trainers make up their own minds on whether they want to be in the water with these whales. that's why i think it's so ridiculous that the government got involved and is saying that seaworld can't get in the water. this is kind of silly. i mean what are we going to do next, tell people they can't

surf because sharks might bite them, like has happened in the past? i mean in australia alone in the last ten minutes there have been five people killed by great whites. are we going to ban surfing? megyn: your point is that it's very rare. just so our viewers know what happened. you may remember at a show a seaworld trainer was killed a couple of years ago and then federal regulators got brought into court by seaworld trying to defend their decision to issue this big citation, seaworld saying, what are you doing and that's the hit tkpwaeugs in whiclitigation in which this tape came out. the criticism of seaworld and other institutions that have the whales in captivity is the whales don't live as long as they do in the wild, that the conditions aren't good for them and it's inhumane. >> that is a ridiculous statement. seaworld has been around for 40 years. if it wasn't for seaworld nobody would care about killer whales. no one cared about them before seaworld got one in captivity

for the first time. it's because of places like seaworld that people care about these animals. they take very good care of their animals. it won't make sense for them to not to. i think this whole case was ridiculous. as far as david kirby and his book is concerned he utilized interviews from animal activists from hsus which is a animal activist group which if you go to their website they state they want to close down oceanariums. they brought him in as wait. megyn: i'm up against a hard break. i want to ask you if this whale had wanted to kill this trainer she would have. >> absolutely. i mean she did not want to kill him. she could have done it very easily. if you noticed there is not even any cuts on his feet. so his leg was broken, because, you know, when you play with a 5,000-pound animal. megyn: i apologize for cutting the short. i've got to run. excellent interview. all the best to you.

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megyn: the british government making a last-minute move to boost security at the olympics deploying 1200 extra troops to the olympic venues in london three days ahead of the olympic games. the move is raising concerns about security as the world's top athletes prepare to compete. trace gallagher has the details live from our west coast newsroom. >> reporter: you've got the olympic authorities saying they are beefing up security because they don't want to leave anything to chance but the brits overall aren't pulling any punches because when you're scrambling two days before opening ceremonies to add 1200 troops this is another black eye for gs4, that is the private security firm that has contracted to secure the games. you've got lawmakers that are asking for gs4 to pay for these

additional troops. british prime minister david cameron saying, look, if gs4 does not perform he will, quote, go after them, even a ceo of gs4 has admitted they did not hire enough security guards. but here is the olympic security adviser, listen to him. >> we don't know what is going to come round the corner and that's the reality. we don't know what's going to come around the corner, therefore we've got an extra one thousand 200 skills individuals who we no we can deploy in various roles making sure the venues are locked down. >> reporter: gs4 says it already stands to loose tense of millions of dollars on the contract. one of the problems is that a lot of the guards they hired didn't show up for training, and get this. they may have to bring in more british troops in says more guards don't show up when the games actually start. they've already got twice as many british troops protecting the olympics, megyn, as they have right now in afghanistan, and they could be adding more as

the games start. two days from now. megyn: wow, trace, thank you. amid the on going bloodshed in syria there are now disturbing reports that al-qaida is operating inside that war torn country. this as dozens of foreign policy experts send a letter to president obama urging him to take action now. in just a bit after the break we will be joined by ambassador john bolton about the situation and we will be asking him why he declined to add his name to that letter. and lawsuits over the colorado movie massacre are already starting to come, including blaming the theater, the production company behind the film, and the alleged doctors involved in the case. that's on the docket in today's "kelly's court." i'm serious, we compare our direct rates side by side to find you a great deal, even if it's not with us. [ ding ] oh, that's helpful! well, our company does that, too.

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infiltrating the ranks of rebels trying to topple president bashar assad. new evidence suggests the terror group may have already joined some of the syrian resistance. with a huge arsenal of chemical weapons up for grabs if this regime falls, that claim takes on a new deadly urgency. brand new hour of "america live". welcome everybody. i'm megyn kelly. escalation of the violence today. fighter jets bombing a rebel city where they launched an offensive this weekend. helicopter gunships targeting neighborhoods. israel watching all this, the deteriorating situation right next door with grave concern. warning that israel will act immediately if islamic militants raid syria's chemical or biological weapons stocks. and handing out gas masks to israeli residents living near the israeli-sir gran border as syrian artillery rains down very close to

israelis. dominic di-natale is near the syrian border in israel right now. dominic? >> reporter: israel very much feeling the tension at the moment, meg. they have been saying that if forced to, they will act military little perhaps against hezbollah or others if given hands on chemical weapons. given the scale of chaos spiraling in damascus and aleppo that looks possible although israelis think the government in damascus has control of those weapons. an incredible outbreak of violence the a major counter at dark is happening up in aleppo. what is happening there? it is the commercial hub where bashar assad is have his financial support. they have been using as you say fighter jets, helicopters, tanks, 1,000 new soldiers sent down to the city to try and quell that rebel assault. on top of that down in damascus residents were

woken up at 3:00 in the morning with the sound of heavy artillery striking the remaining rebel posts that exist on side the capital. hundreds of families fleeing for their lives heading for the borders where we believe there are 200,000 refugees that crossed out of syria. word news that turkey closed its border. a supply truck was hit not exactly who that was by. if they are closing the border it will make extremely difficult for those to get out of violence. if more turn up it will be difficult for them to be contained. we hear russia is creating a bit of distance from itself and assad regime. long been a supporter there, it told assad quite clearly that the use of chemical weapons will be unacceptable. if russian support is missing that is more bad news for the regime. many people feel now it is inevitable that the regime will fall. back to you, meg.

megyn: dominic di-natale, thank you. is it time for the united states to step in? dozens foreign policy experts believe so. they have written a letter to president obama saying it is time for us to take action. president john bolton will be here. he was asked to sign the petition to the white house. he will tell us why he declined. that is upcoming. violence taking hold of a u.s. city usually the home of disneyland. these days anaheim, california, looks like los angeles in 1992 when riots gripped the city for days. over the past four straight nights protesters have taken to the streets in anaheim battling police with rocks, kicking squad cars, set being fires, smashing windows and on it goes. the most recent night of violence landed dozens of people in jail. police using bean bag round and pepper balls to subdue crowds outraged over a pair of deadly police shootings this past weekend. and today, for the first

time we are also getting a look at one of the men who was killed and whose death sparked the violence. police say he was a gang member, a known gang member and ran from them before he was shot. they claim he had been acting suspiciously. he was however, reportedly unarmed and is one of five people killed by local officers this year, leaving many in the community to question whether the police are trigger-happy. now his family members and their attorneys filing a $50 million wrongful death lawsuit are about to speak publicly every moment. trace gallagher monitoring all of this from our west coast newsroom. >> reporter: that news conference is five minutes behind schedule, megyn. this struggle went on between police and protesters went on for 11 hours. it began the anaheim city council meeting at 5:30. there were hundreds people inside the chamber and hundreds more, maybe more outside pushing to get in, but the cops kept them out

of fire code concern. as cops push the one way and crowd pushed other. it was on. rocks and bottles were thrown. you can see there the police with batons and helmets on. there were protesters telling people to calm down, saying this should be peaceful but you can see the pictures there. many of them simply did not listen. over the course of the night, traffic was blocked. fires were lit. windows including local business windows were smashed. police officers from all over orange county were brought in, using bean bag bullets to push back the crowd as well as pepper spray and the police chief today defending the police response. listen. >> now your question as to whether or not i think that police exacerbated the problem? our job is to protect property and life. our job isn't to stand back in the back and let anarchists or rioters damage property and injure people. if we don't do that, you will be the first one criticizing me, where were the police?

how come they aren't out there protecting property and people? >> reporter: anaheim residents are protesting two shootings this weekend by police including that of an unarmed man. the police say this was a known gang member with a criminal record and that police believed he was actually trying to grab something in his waistband which they thought was a weapon. now the city council did vote last night to have the u.s. attorney do an independent investigation into this but four nights of violence and there could be more violence tonight. the damage is beginning to pile up. it is far, as you said, megyn, from the happiest place on earth right now. megyn: we have to pay attention to this situation. this doesn't look like it's going away anytime soon. trace gallagher, thank you. disturbing new reports that voter fraud is rampant in kentucky. we're told that votes are being bought and sold for as little as 25 bucks. this coming out after a string i should say of federal prosecutions.

eric shawn live in new york with more. eric? >> reporter: hey, megyn. drug dealers buying votes to steal elections with drug money paying for voter fraud. in parts of one state they say vote buying and sell something a way of life. you sold your vote and how much did you sell your vote for? >> $25. >> reporter: richard moore says vote buying and sell something an accepted longstanding practice in eastern kentucky. >> soon you become of age to vote then you've got people hounding you wanting to buy your vote report in the past two years more than 20 public officials and others were convicted in widespread vote-buying schemes to steal elections. in clay county prosecutors say 400,000, part of a drug money, was spent to the buy the votes of 8,000 voters at 50 bucks each. >> they used drug money to buy votes and the drug dealers, there was testimony from drug dealers that indicated that they felt that they would be protected. >> reporter: convicted

multimr. dollar cocaine and marijuana trafficker, kenneth day also served as the clay county republican election commissioner. he testified that, i always bought votes. i bought my first vote with half a pint of liquor. democratic board of elections judge and convicted cocaine trafficker, eugene lewis said, vote buying was so easy i would pay them right in the booth. you would not believe the percentage of people that i have bought their vote from. it is unbelievable. >> this conduct has tentacles that just goes throughout the communities where it occurs and it really has a corrosive effect on the, really the very foundations of the freedoms that we enjoy. >> i don't feel good about it. i wished i never done it. but i can't go back and change something that i done. >> reporter: one drug dealer said he bought votes in every election. authorities there say they are making a dent. you saw u.s. attorney carey harvey talking about it. there was a guilty plea by a

public official in a separate vote-buying case yesterday. tomorrow two other people will be sentenced in a vote-buying case. richard moore, the guy who sold his vote, he thinks vote buying will never stop because told us that is where the money is at. if you suspect voter fraud and problems where you live we want to know about it. voterfraud@foxnews.com is the address. megyn. megyn: thank you, eric. we probably need to tell you the twice, foxnews.com, in case you missed it. new bloodshed today in syria as we get new reports that al qaeda is infiltrating the resistance. and as a group of some 62 foreign policy experts are now sending a letter to president obama urging him to take action, emphasizing that the time is now. right after this break ambassador john bolton. he was asked to sign that letter and declined. we'll ask him why.

if flying was not stressful enough already, a new report suggesting some us air reports would be the key spreaders of disease in the event of a global epidemic and the airports at the top of the list? may surprise you. and senate intelligence committee chairwoman dianne feinstein, a top democrat, joins a growing list of white house allies appearing to make mea culpas after straying from the president's message. are dem having a communication problem and is the white house on top of it? a fair and balanced debate ahead. >> i think the white house has to understand that some of this is coming from its ranks. i don't know specifically where but there, i think, they have to begin it understand that and do something about it.

megyn: well the time for the united states to act in

syria is now according to dozens of foreign policy experts. some 62 of them sending a letter to president obama pleading with him to intervene in syria but at least one foreign policy expert you know quite well is saying not so fast the situation in syria is quickly falling into chaos. rebels there gaining ground and syria is using fighter jets to bomb its own people. the bloody showdown not likely to end soon from the look of it. activists say 19,000 people have been killed since the conflict began. millions more are homeless. take a look at this child in the middle of the rubble. in a move more telling than we've seen so far, there is a run on gas masks in israel near the syrian border driving hole the real threat of chemical and biological weapons attacks. before the united states acts our next guest says there are some assurances we need. john bolton is the former u.s. ambassador to the united nations and a fox news contributor. ambassador bolton, so they wanted you to sign on the

letter, demanding, as i read it, that we play a more proactive role and in helping to insure the end of the assad regime and shape a post-assad syria. why did you say no? >> well, you know the alternative to bad is not necessarily good. in the case of the syrian opposition, when we talk about aiding the opposition, whether with lethal or nonleeth analysis stance i would just like to know who are the military commanders we trust? who are the political leaders we trust who have western values? who are not going to take arms or other assistance we give them and use them in unacceptable ways? i have yet to hear anybody identified in the u.s. press or the western press generally who is such a figure. that seems to me to be pretty important. unless we're prepared to risk giving this assistance to al qaeda. i don't mind aiding scalawags from time to time if it suits our interests but i don't see inadvertently

giving it to terrorists. that is number one. number two, as you can see from your reporting what israel is doing about these chemical weapons, i believe before we aid anybody in the opposition that we need, as an absolute precondition an unequivocal commitment from those people that they will foreswear chemical, biological and nuclear weapons if they gain power. that they will do everything they can to make sure al qaeda, hezbollah, other terrorist groups don't get any of these weapons of mass destruction. that they will turn them over to us, cooperate with us, in the aftermath of the conflict. i think this is a bare minimum before we get involved. megyn: we're supposed to be feeling better about syria's chemical weapons today because russia has come out and said that their ambassador, syria's ambassador to moscow met with the russian deputy minister. russia laid out in clear terms that use of any

chemical weapons is verboten and syria agreed. >> just warms the cock kels of my heart to hear the russians say that. what this proves that russia's pr sensibilities are not entirely dead. of course that's what they're going to say and they may even mean it. whether it has any affect on assad is open to question, number one but even more importantly it will have no impact on the opposition given russia's support for the assad regime. that's where i think the united states and other western nations have an important role to play. i think it is a big mistake for us to take our eye off the ball of these weapons of mass destruction, their possible falling into the hands of terrorists or other rogues and being used really worldwide as a potential terrorist threat. megyn: and this is, just so our viewers know, these chemical weapons, the syrian government this week admitted they exist, so this is not a big question mark lake we had before we went into iraq. the syrian government is claiming they have them. what should we do because

the foreign policy experts were urging president obama to step in, this is the quote, to work with regional partners to establish air patrol safe zones, covering areas, quote, that have already been liberated within syria? >> liberated by whom? by the syrian version of george washington or the syrian version of usama bin laden? i just would like to know who we're talking about here and i think there are other concerns we have to have as well with the opposition leaders apart from the weapons of mass destruction. i want assurances that they're not going to commit a bloodbath against the aloe whites, the drews, the christians, the others that supported assad in this weird structure that the baath party dictatorship created over the years. i understand why there is enormous intercom mineal animosity in syria give the brutal dictatorship of the assad family but that should not be a license of the shedding even more blood if the opposition takes control. where are our assurances that the opposition or some

of the opposition? going to engage in this? it is not a pretty picture any way you look at it. i'm not unalterably opposed to doing something here. i think assad is a tool of iran. i think his fall would be a blow to the iranian regime's effort for influence in the region. i want to make sure that what replaces him isn't an even graver threat or an equivalent threat. megyn: how do we do that? americans look at the situation in syria and you hear about these executions of little babies and little children being forced to watch as their parents and their brothers and sisters are killed and they get killed. they think all right, we need to do something and the question is what? you raise a good point. we don't want to go in there and start arming al qaeda to the extent they infiltrated the syrian opposition. to whom can we get those assurances so that we can pave the path, if appropriate, for u.s. intervention? >> we've had 18 months since

this began in syria for our intelligence and other institutions to find out who might be trusted, to use the syrian diaspora to get better leads. there is precious little evidence that the obama administration has done any of that but remember the old saying, that we want to avoid here. when in danger, or in doubt, run in circles, scream and shout. that is not what we should be doing. however horrific the situation, we've got to plan this through to make sure that the outcome doesn't make mat, worse. i come back again to the weapons of mass destruction. when the syrians admitted they had chemical weapons they also said that they had biological weapons too which some of us have long sus ebb ised. whether they intended to say that or not, who knows but this is a very risky situation. there is every reason to believe iran has been involved with the syrians in other nuclear matters alongwith that nuclear reactor that was destroyed by the israelis in september of 2007. there is a lot out there we

don't know. we don't know where a lot of these chemical weapons stocks are. it is a very fluid, very dangerous situation. megyn: i like the rhyming. did they teach you that before you went off to be a u.n. ambassador? >> no. i learned that one a long time ago. i think i learned that one at yale. megyn: when you became u.n. ambassador because i'm a diplomat, i'm rubber and you're glue, whatever bounces off me and sticks to you. >> that's right. megyn: thank you, ambassador. >> thank you. megyn: wow, i never heard him do that before. coming up new concerns for u.s. airports after an alarming report. we'll tell you which airports could be the key spreaders of disease in the event of a global outbreak. if you were born in september, october or november, you may enjoy a special advantage over everyone else. what a new study reveals about people born in the fall. ♪ 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: great song. were you born between september 1st and november 30th. if so you might be around longer than the rest of us. according to a new study at the university of chicago, fall babies have an above average chance of living longer. scientists looked at data from more than 1500 people born between 1880 and 1895 who lived to be 100 years old or older. researchers compared that data with their siblings and spouses. the results? the majority of people born

in the fall lived an extra long life. they said it is possible pregnant mothers had access to different levels of nutrition and so on. you know, those times of the year back in the late 1800's. but might also be that the weather conditions, being born in the fall and i don't know, temperatures not too stressful, not too hot. it prepares somehow for life. who the heck knows whether that's true. let's hope it is true if you happen to be fwoorn november 1th, 1970. leave it at that. new concerns over handling a life or death scenario that could quickly become a global nightmare. a report suggests that in the event of a world out break of a deadly disease, major u.s. airports could spread the contain john. smaller transportation hubs could also spread the devastation. trace gallagher picks up the story from there. trace. >> reporter: researchers from mit took the 40 biggest

hubs in the country and took a computer model you're about to see and pinpointed which of those airport hubs would be the biggest spreaders of disease. the whole model is based on the first few days of an outbreak like sars or swine flu. but it is not surprising some of the nation's biggest air reports are on there. look at top five, lax and jfk is topping the list. interesting, look at number three. honolulu and the reason that airport is on the list because it has three main factors. one-third of the passengers of lax and jfk. come back on camera and you see the three main things mit researchers looked at. number one, it is a prime layover between the west coast and china and japan. you have a lot of people from both countries coming together in one air report. -- airport. most u.s.-bound flights connect to spreader airports like lax or jfk. they land there. if there was disease in honolulu, guess what?

they bring it to other spreader airports and a high volume of long range flights. means the longer you are on an airplane the more apt you are to catch a disease from somebody else on the very same airplane. here now is one of the researchers at mit. >> geographically speaking the spreading is very balanced, meaning that, say half of the flights will go to asia and half the flights will go to america. therefore spreading, individuals so perhaps disease agents very quickly. >> reporter: it's important to remember that this study can not predict when an outbreak might happen but might help contain it because knowing where to distribute the vaccines like the honolulu airport would be a big factor in this. the good news is, is that i was born in september. the bad news is, i love honolulu. so trouble. megyn: you know, i was just

going back over that study. what is it, what is it about being born in the fall that will lead you to have an extra long lifestyle? they say it moot not even be when you were born but might be when you were conceived. >> new year's babies. megyn: who the heck knows. megyn: really? no, no. >> reporter: could be. megyn: valentine's day. >> reporter: or valentine's day between new years and valentine's day. megyn: this is crossing over into gross. you don't want to think about that with your parents and yourself. thanks, trace. >> reporter: sure. megyn: are you one of those people, i've got two siblings and say three is the magic number. that is what i like to believe. what am i saying? coming up a top democrat is now backpedaling after criticizing the obama administration over the intel leaks that we have seen in recent days and months. senator dianne feinstein just the latest white house ally appearing to stray off message and then she walked

the comments back. is there a bit of a communication problems coming out of the democratic party and is the white house attempting to manage it? we'll have a fair and balanced debate next. plus the first lawsuit filed in the colorado movie massacre. it takes on the movie theater, the doctors who may have treated the suspect before the attack, and even the film's production company. that is on the docket in today's "kelly's court".

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megyn: one day after a top senate democrat suggested that the white house is behind some of the much criticized leaks of intelligence stated to media she backs off. here is california senator dianne feinstein who is chairman of the intelligence committee speaking on monday. >> i think the white house has to understand that some of this is coming from its ranks. i don't know specifically where but there are i think they have to begin to understand that and do something about it. megyn: then yesterday the romney campaign used her words against the president and by the afternoon senator feinstein came out and expressed regret, writing quote, i stated that i did not believe the president leaked classified information. i should not have speculated beyond that because the fact

of the matter is i don't know the source of the leaks. so is there confusion in the democratic ranks here and is the white house attempting to manage it? joining me now, christopher hahn, a former aide to senator chuck schumer and fox news contributor. and chris plante, radio show host of the chris plante show. chris, let me start with you on this. like never mind, never mind. and she did in her original comments say, i don't think it was the president but it is clear it was the white house and very different message on the next day. >> well the president never speaks to the press so it is very unlikely it will be him but his proxies like tom donilon, the national security advisor without portfolio is one of the obvious sources of the leaks. "the new york times" and david sanger, the author of the book, glorifying the president's noble deeds made quite clear tom donilon was one much his primary sources and other sources were inside the situation room in the white house when critical decisions were being made. senator feinstein committed the classic washington gaff.

she accidentally told the truth. when that was learned it was required she put the genie back in the bottle. you can't have the truth out there. this is an election year. so she was whipped into sub servians. fieldty is demanded by the period of time. she tried to put the genie back in the bottle. never mind she looks foolish or integrity is compromised. >> in an election year it is impossible to have an honest conversation about anything. >> really? >> what she said the white house shoved be held responsible for some of these looks. what romney accuse the president of treason. >> no he didn't. >> that is far, far from what dianne feinstein intended. >> that is not true. >> what dinian feinstein intended on monday the president look into the administration find out what is going on there there is lot of people that have access to information leaked. that just not political aides in the white house you of all people know that. megyn: she said on monday,

the white house house has to understand coming from its ranks. its ranks. the white house's ranks. that's what she said on monday, the question today, chris plante, whether as the romney camp is now claiming she got the quote, cory booker treatment, he's of course the mayor who came out, was a democrat. president obama surrogate and undermined the president's attacks on mitt romney's time at bain capital and then walked it back after speaking to the campaign. here's an example of what happened with mr. booker. >> i have to just say from a very personal level i'm not about to sit here and indict private equity. if you look at totality of bain capital's record they have done a lot to support businesses that grow businesses. this to me i'm very uncomfortable. nauseating to the american public. enough is enough. he talked about himself as a job creator and therefore, it is reasonable and in fact i encourage it for the obama campaign to examine that record and to discuss it.

megyn: so he too, you know, had to do one of those and some are now asking, chris plante, whether people are getting calls from the obama re-election campaign saying, not so helpful!? >> oh gee, no chance of that. look the cory booker episode was only embarrassing. reality david sanger and "new york times" in his book revealed this his sources exposing and compromising ongoing top secret national security operations came from tom donilon, the national security advisor and from other individuals in the white house with access to the situation room while episodes were going on in realtime. now this is very serious stuff. we're talking about compromising an agent who was a saudi national that had infiltrated al qaeda on the arabian peninsula. hurting american lives. >> something like that a couple years ago. in this day political one-upmanship there will be a lot of walking back going on.

i'm sure mitt romney will have to walk back the statement he made on monday when he talked about the president having a the least a year for his policy to take effect. there will be a lot of walking back before this election is done on both sides. >> this is not politics. this is national security. this is american lives. and it is the cooperation from governments like the saudi government going forward, we have compromised them for political reasons. >> you know what? we could have had an honest conversation about this had mitt romney not accused president of treason yesterday. megyn: let me, chris hahn, i it's in minds of lot of americans doesn't have as much credibility coming from mitt romney because he is the oning president obama's job. coming from dianne feinstein. she is top democratic senator and chairs the intelligence committee for her to said on monday what she said it has to be coming from the white house ranks gives a lot of people concern. >> yeah. it absolutely does and it should and it should be addressed.

unfortunately in today's political environment when you're going to get attacked for that statement the way she was and lanced onto a campaign she will have to walk it back. megyn: she wasn't attacked. she was cited. >> yeah, i don't think she wanted to be cited. i don't think what she meant the president committed treason. >> that is nobody said that. >> mitt romney led you to believe that in his speech. >> led you to believe. listen what he actually said is not what you represented today. he betrayed our national security. ask the saudis whether -- >> thinks comments were disgusting and he should take them back. >> is that right? >>. >> warn you right now, chris, he is off american soil he better watch what he says about this president because it will be taken as treason by me. >> belligerence and threats are extraordinary. this is the point, obama administration splashed national security secrets about on going operations with iran's nuclear weapons and infiltrators an al qaeda

of the arabian peninsula to the "new york times" for political gain. that is not. don't threaten mitt romney overseas. >> we differ about the political gain portion. i do believe somewhere in the administration this was leaked obviously or could have been from anywhere the political game point where i draw the line. we don't know who leaked this information. >> yes we do. >> tahrir politicians -- >> from the front page of "the new york times.". megyn: leave it at that according to the reports chris hahn, they say mitt romney does not intend to take any shots at president obama overseas. time will tell. >> let's see. megyn: always a pleasure. >> thanks. megyn: the first lawsuit filed in the colorado shooting massacre. an 18-year-old who lost his best friend that night and who was there at the movie is planning to sue the movie theater, the producer of the film, batman returns, and the doctors who may have treated the suspect before the attack. can they all actually be held accountable for this? we'll take a look next in

"kelly's court." we'll talk about the foxnews.com exclusive report what the shooter allegedly said to a psychiatrist at the university of colorado. i ta insulin,

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megyn: "kelly's court" back in session. on the docket today, the first lawsuit now reportedly has been filed in the colorado movie massacre. 18-year-old torrence brown was not injured when the accused gunman james holmes sprayed the aurora theater with bullets but his best friend is one of the 12 people that was killed. he is now suing the movie theater, the film studio behind the "the dark knight rises" and the doctors believed to have treated and perhaps even medicated shooting suspect before the attack. this is the theory but can they actually be held accountable for this? joining me now, former prosecutor, now defense attorney, arthur adial la and former prosecutor, now defense attorney, jonna

spilbor. start with the movie theater. came in with the rest of the moviegoers, the shooter. gone out the exit. propped it open. gotten his gear, come back in the emergency exit and that is when the shooting occurred. >> of the three potential defendants the movie theater is probably most going to be on the hook. it will not be easy to collect damages from any the defendants however the movie theater if they could have reasonably forescene, a, not having an alarm on the emergency door or b, not having a camera on the emergency door, could lead to this type of damage, then they may be on the hook, megyn. not 100%. because the person really responsible was the shooter. megyn: we all know that. that is a given. james holmes is the one responsible for this according to the authorities. >> but they could be partially responsible under a theory of negligence. megyn: arthur, there was a case last year, a theater, loews theater in pittsburgh was found negligent by a jury for bad security and a

50-cent movie was shown and patron was shot and killed. >> the timing of this, megyn, really, now? so people watching statute of limitations the amount of time a lawyer has to bring this lawsuit in almost any jurisdiction in the 50 states for what he is claiming, extreme emotional disturbance is years, years. megyn: i'm sure the guy did go through a ton of trauma. >> exactly. why file the suit this week? why couldn't they file the suit next week. megyn: maybe it is can that is rightic for him? >> his case would be a lot more strong if he was going to therapy. the longer he is suffering this disease, this illness from these actions the stronger his case would be. number one, i don't like that. number two, give me a break that the makers of the movie are liable. give me a break. give me a break that a doctor who diagnoses somebody with some sort of mental issue, who gives him prozac or whatever, we don't know what the doctor --. megyn: or even if there was a doctor. >> correct.

thank you. we'll start holding those people liable? the doctor should be liable? you come in, maybe begin, i'm really depressed. my ratings were not show great on fox today, we'll have to commit you, miss kelly. sorry. we can't put you out there in the public and blow somebody away. you can't hold the doctor liable. megyn: there was a report yesterday he was about to file the lawsuit and these are the potential defendants. now today there is a reuters report there is lawsuit filed. we don't know if these are the three defendants who he wound up suing. jonna, let me ask you, the story of the doctors is interesting in the foxnews.com exclusive report talking about a university of colorado psychiatrist who was mailed a notebook by this shooter, alleged shooter. it has details about how he was going to kill people. it has drawings of what he was going to do, illustrations of the massacre, images in a spiral bound notebook with gun-wielding stick figures blowing away other stick figures. if this guy, we don't know

if it was true, why did the shooter pick this psychiatrist at his university where he was studying neuroscience where he was required to take mental health classes as part of curriculum. if he was being treated by a psychiatrist and the man had a reason to be dangerous, could he be sued? >> this opens up a whole area of liability. there was a case long time ago that said normally we have a nondisclosure agreement between doctors and patients. there is privilege there. everybody you say to your doctor is confidential, unless, you are going to commit harm, imminently to somebody else. then your doctor has a duty to warn the person you intend to hurt. this guy sends basically his script for what he is going to do that night and the interesting thing about it is, it wasn't opened. megyn: the guy didn't get it. >> according to the report the doctor didn't get it. has he gotten it he would have a duty to avoid the harm. we don't know if even saw

the thing, megyn. megyn: we don't think he did see the thing. it was sitting in the mailroom, till the police, what happened that psychiatrist got a package this week and he said, this might be from james holmes. this is according to the reporting. he called in the police and they started to look at it and they took it someplace and decided it wasn't from him. then they said wait, we should investigate all the packages in the mailroom. they did find one from this guy to the psychiatrist which, you know, turns out to be the notebook. arthur, that may suggest why did they look for that, that maybe there was a relationship between the shooter and the psychiatrist, that the police know about but we don't. 30 seconds we'll continue this on the other side. >> even if there was a relationship, there's a big stretch from a doctor saying wow, this is a troubled young man to the doctor's imagination going in the direction of actually happened because we're admitting he never had the notebook. the doctor never had the notebook. megyn: but if he had

counseling sessions, to jonna's point you're told in a session. >> you have to come forward. megyn: we'll pick that up ...the number one selling paint and primer in one, now with stain blocker. each coat works three times harder, priming, covering, and blocking stains. let's go where no paint has gone before, and end up some place beautiful. more saving. more doing. that's the power of the home depot. behr ultra. now with advanced stain blocking, only at the home depot, and only $31.98 a gallon. i'm making my money do more. ♪ i'm consolidating my assets. 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...

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megyn: so again according to foxnews.com the intended recipient of this notebook who was a professor who also treated patients at psychiatry outpatient facility in the building and could not be verified that he had previous contacts with the shooter but the only question whether in any therapy session, we don't know if this guy had any therapy session with the shooter, in any therapy session the patient says to the doctor i want to go kill a bunch people in a movie theater, jonna, and the psychiatrist does not report that, can there be liability? >> absolutely. there was a case of unrequited love. wasn't getting friendship from a woman he was interested in. went to his psychiatrist and said i'm going to kill her.

he had him committed. three days later the guy was let out. never warned the girl or parents, she ended up dead. he was on the hook for that. very same thing could happen here. megyn: i'm looking at reuters report. they are citing christian post saying that it has been filed and that indeed these are the defendants, these three groups. the arthur, the question about warner broirts, there was a lawsuit in 1997 against oliver stone and time warner. they were the producer of "natural born killers." you remember that movie? >> sure. megyn: it was by a con store owner who claims she was hurt by violence after watching the movie and that lawsuit was thrown out. >> it should be. we can't have those standards in our society, megyn, otherwise we sees to function. it doesn't make sense. there are so many worse things that you see on television, in the movies, to hold them, i anticipate the same exact thing is

going to happen here. the judge is going to say, sorry, the nexus, there has to be a connection between the damage and the defendant and you can't say because that movie was playing that's what happened. openly because of that. megyn: on the subject of the movie theater as you were saying, jonna, perhaps the most vulnerable of the three groups sued, the victims have to show this was foreseeable, do they not? how will they show that? >> they have to prove it was reasonably foreseeable. and that will be the toughest heard dell here obviously. you might expect somebody to sneak in the back door to avoid paying for a movie or set fire to a theater but you're not expecting someone to walk in with an arsenal and start shooting people up. that will be the a problem for the plaintiffs. >> if the door had alarm like the fox building and you push it rings, that whole incident may not have taken place. megyn: i've got to run. we'll be right back.

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>>megyn: if you missed our f.b.i. profile wear or the tape of the killer whale at seaworld check out my twitter. >>shepard: and now the news begins anew, a notebook that could have prevented a massacre. james holmes sent a notebook with pictures of his plan to a psychiatrist ahead of time. details coming up on that. politicians why criticized the new york police department for tracking muslims outside of its jurisdiction across the bridge in new jersey. after years' long lawsuit we have the recording of the 9-1-1 call from the map who accidentally discovered the operation. >> a sky diver's jump from 20 miles above the earth at a speed 600 miles per hour in 20 seconds. and this was a test run. why would anyone do this? that is all ahead unless breaking news changes everything. this is "studio b" today.

first from fox at 3:00 in new york city, a bombshell development in the aftermath of the colorado movie massacre. sources say that the suspected kill are may have tried to warn somebody about the deadly plan. the message did not get through until it was over. law enforcement tell foxnews.com that james holmes mailed a notebook to the university of colorado psychiatrist. they say it was filled with details of how he was going to kill people including sick figure drawings and illustrations of the coming bloodbath. but the notebook sat unopened in the school's mailroom. under clear for how long. one official tells fox the package had been this since july 12, a week before the attack. another source could not confirm if it was there before the rampage. we are told investigators discovered the notebook on monday during a search of the campus mailroom following reports of suspicious packages. fox news reported from the scene