the house at the time, but boy, were they surprised. police are investigating whether alcohol was involved, but so far have not filed any criminal charges. >> good thing no one was hurt, but he had to be moving to do that, right? >> that's a lot of speed. thanks for joining us. >> "america live" starts right now. >> megyn: fox news alert on the president getting ready to share some dramatic new warnings in moments about the budget plan that he proposed and signed into law while the g.o.p. hits back at what they call a campaign road show and an expensive one at that. welcome to "america live," everyone, i'm megyn kelly. president obama will speak in moments at newport news ship building in virginia. he's expected to warn about coming job losses if congress doesn't do something to head off the budget plan that kicks in the end of the week, the one that he agreed to, one that the republicans agreed to. both sides were in on it and now, they're like, oh, how did we get here? back in washington republicans are pointing out the president

could have saved money by staying at home instead of going on the road to bring the message. the cost for air force one to fly to and from virginia is 180,000 an hour and you thought your air fare was expensive and you have to add in additional costs that include backup aircraft and food and incidentals when the president travels and nothing new. and as of all of that, the travel, 120 miles from andrews air force base to newport news, virginia and the g.o.p. is making a point, saying the distance from the white house to capitol hill is just 2.8 miles and he could use a walking stick. chris stirewalt host of power play on foxnews.com live. it's cheaper to do it that way. what's the point? what's the point, the president wants something the republicans are not going to give him. which are tax hikes in

exchange for messing with the not automatic cuts. decreases in increase spending, and anyway, why should he walk over there? nothing is going to get done. we'll face the budget cuts and decreases to the increases happening on friday. >> i should just claim i did not think of that and invent that on my own, and i was late to the party. yeah, to your point, the reality we're talking federal spending going up 15 or 20 billion this year instead of 60 or 70 billion dollars this year, and that's the deal. and really, what's driving all of it, when you get down to it, this whole discussion is about the biggest part of the bugetary pie and entitlement programs like the he president's new health insurance entitlement. medicare and social security, that's stranging tuniversal

dollars and what's funny and humorous about the moment, the president is going to spend maybe not a million dollars, but hundreds of thousands of dollars jaeven way to talk about how we have to save every cent possible so people can protect our borders, build ships, keep the economy vital and do all of these things. and the message out of all of it is, this is a kabuki theater and it's not about the sequestration and it's not about those things, it's a budget battle four years long between the president and the house republicans. >> megyn: they don't see eye to eye what to do. and the president hasn't touched entitlement spending, if we continue to do nothing by 2045, all the dollar we take in entitlement spending and no money left for discretionary programs which the president loves and a lot of americans love, but kiss them goodbye if you don't do

it by the entitlement spending and we're not doing anything. you point out there are risks to the president in parading day by day, versus the firefighters they're going to get laid off and now down to newport news, virginia and layoffs here and janet napolitano as you pointed out in power play, we cannot maintain the same level of security. the homeland security chief. we cannot maintain the same level of security. and research on alzheimer's and cancer is going to stop and all of these things, there's a risk to the president playing the games when a, he signs into law the cuts, whatever you want to call them. and b, he's got back from the expensive golf weekend with tiger woods and his wife got back from an expensive ski trip in aspen and they're looking around the rest of america saying, you know, the sky is falling. >> right, you guys, you guys are in real tough shape. i was telling tiger woods all about it, says the president. >> megyn: and skiing in aspen. >> right, look, the situation for the the president. he when you start making

absurdish arguments and finding way the shark as the sequestration a long time ago. how about this, the president talks about what's necessary to secure the homeland and other things, if he and the vice-president were to give up one day of salary a week both of them. 130 grand right there. could that be the border security agent that could stop the al-qaeda infiltrator, could that be the ship building job that would keep the economy of virginia humming? i don't know, but the point is when you get to the point of this ridiculous kind of argument, that's really about nothing, when you get to the point of this ridiculous argument, you open yourself up to the criticism that says, what do we spend for you to do everything? it costs the taxpayers a fortune, every breath that the president draws, now we want him to be safe and he has to be in communication and all of these things it costs a fortune to have this guy around, any-- >> doesn't have to have a campaign-like event and the teleprompter, go over to

capitol hill and charles krout hammer says it's cynical. the reason we're having this parade, this is the horrible stuff that's going to happen if the sequester takes please. decreases to the increase in our spending there's system be an increase and the reason they're trying to do this, because the democrats want to see the bad things happen because politically it improves their hand. a what charles was quoting, top lobbyists quoted as saying, worst case scenario he, the sequester would hit and nothing bad happens. >> and his point to bret last night was this, if this is where we are about nothing, if this is where we are in a fight about nothing. about a significantly insignificant anything and the monster eats that, and not a

fight anymore, but a real fight. if we can't achieve it now when we've got cushion, imagine where we're going to end up. where the government is going to end up anyway when you get to the point where the entitlement monster ate it all. >> megyn: the entitlement monster, the visual works for me. all right, chris, thank you. >> you bet. the president and his cabinet warn the dire consequences and can't reach a budget. tom coburn is saying the administration should perhaps spend syme working on prioritytizing when it comes to spending. and points out that secretary napolitano is warning about having to scale back high priority missions instead of money at that provides grants for projects like the zombie apocalypse training event. we told, but this, remember this? that you pay for?

screaming] >> oh, my, sometimes in the show you wish were you making it up. but this is real. and we pay for it. the government waste folks joins us live to discuss washington's spending and the budget fight and the issue of priorities. they're not bad. pretty good, you know, my experience with zombies the real ones, they have it, they nailed it. extreme weather alert now as america he america's heartland is hit by a rare powerful storm, and deaths in kansas and oklahoma taking precedent in missouri and illinois after slamming into kansas 12 hours ago. and what they dealt with, snow divots six fe

div drifts six feet high and moek tobin. >> reporter: megyn, it it looks like the worst has passed us. i'll show you with the wet and heavy snow, you can see the ground underneath this blue gmc, very, very slick, right now, the city here at kansas city is towing six buses that got stuck in the snow out there. the state crews also had a rough time. and eight state trucks got stuck in the ditch. in terms of the snowplow, two flipped over trying to get the roads cleared out so what they're hoping for right now as people look out the window and get intimidated by the snow and elect to stay home, all of these people out here driving eventually that means that people will get stuck and causes a ripple effect and makes it harder for the snowplows to do their work. you mentioned there were fatalities and most fatalities people who got out on the road and one fatality caused by a roof that collapsed. one guy was shovelling the snow and slipped and fell and hit his head. megyn. >> mike tobin, thank you. >> well, new details now on a

stunning declaration last week. as radio star rush limbaugh expands on the idea that he offered last week, that for the first time in his life he is ashamed of his country. well, the belief that liberalism has won the day in this country and we'll take a look at why bill o'reilly is taking issue with that. a new classroom controversy after a teacher asks female students to cover up in burqas and used the term freedom fighters when referring to terrorists. and forget the fountain of youth. a new study suggests that humans are living so long, 72 is the new 30. and while forever young may sound nice in a song, we'll tell you why younger generations could wind up paying a big price for this trend. these women have figured it it out. ♪ forever young ♪ forever young as well as they could

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♪ i'm a pizza, pepperoni ♪ ♪ >> pizza delivery, sure, but no large sodas with your pie in the big apple. now we're learning that the new york city ban on sodas larger than 16 ounces which goes into effect two weeks from today includes takeout. what's more michael bloomberg now says he wants the new york governor to follow his lead and ban large sodas throughout the state. no comment from governor cuomo. shops that do not comply with the new ban could face a $200 fine. well, we also have a dramatic study today getting a lot of attention on how long we are now living. as researchers declare that 72 is the new 30. while the idea of being forever young may sound nice,

there are some down sides. joining me now dr. mark cycle a member of our medical a-team and stu varney with the varney and company on fbn. this comes out of germany, what do they mean. 72 is the new 30. >> this is from the academy of science and it's dramatic. it shows this have been 8 it,000 generations of humans on the planet. just the last four generations have lived a lot longer. back in 1900 people lived about 40 years, now, we live around 80 years. why? vaccines, clean water, clean food, antibiotics, more public health, more perception, and vaccines by the way, public health and sewage removal number one on the list. diarrhea is the biggest killer. >> megyn: let's get down to it. >> so this is the issue and it's actually great news, but the question is, what are we going to do and how are we going to pay for it and i've actually--

were varney there, i believe that we should raise the retirement age on medicare. >> before we get to that. so we're living longer is what the study says, but does it mean, when i hear 72 is the new 30. we showed the picture before, raquel welch, sophia loren and the older women who look fantastic and seem vibrant and makes you think, great. if this is what, you know, being in my 70's looks like, or 80's and betty white's case, bring it. that sounds great. but the study is not saying that, it's not saying you will feel younger when you're older. >> it's talking chronological age and frankly, we have lipitor and drugs to lower cholesterol and treatments for heart disease and great treatments for cancer and i really believe in sanitation, not only are we living longer, but we are living better and i think people are in much better health than when they were hunters and gatherers, all the things that occurred the last couple of generations have led to better lives. >> okay, now, there are some

consequences, and good news, bad news tip segment. and stu is here for the bad news, buzz kill, go ahead. >> i am delighted to be looking like i'm 30 years old which i don't. look, let me not kill the good news. the problem with this is, we're living a whole lot longer, and that means pension payments have to be financed over a whole lot longer period. i'm prepared to say that longevity, these increases in life expectancy are going to force the reform of social security and medicaid-- medicare i should say. i'll give you one number. in 1935, social, 67. and fast forward 2010, 78.7 years an increase of 17 years in three generations. >> megyn: wow. >> we've not changed the funding for social security, we still raise money in the same way and yet we're living 17 years longer and by the year 2050, life expectancy is

86. >> megyn: they're talking a study we could see 85, 90 or 100. and these are like expected averages of 85 to 100 years old. >> you've got to pay for it, how are you going to do it. >> it costs a lot of money. we say people are feeling better, the medicines cost a lot of money and surgeons you have as you get older costs a lot older. it costs more it take care of a 70 or an 80 years old. >> to jump in, look at the states in america in financial trouble, california, illinois, new york, et cetera. look at the cities, detroit, and so on down the line. what's the problem? it's pensions. the promises we've made to pay retired state workers forever, as long as they live. they're living longer and putting an enormous strain on state finances. you can retire the state government worker at the age 35. and live another 30 years on a very high pension which has to be financed and you cannot pay for it. >> and your point is that as the folks go from 55 to 75 and

80, that their medical bills go up and up and up and up and we're not doing anything to refresh that cash influx, we can't pay for it. >> the entire health insurance system as we've talked about is geared towards hospitalization, very high-tech solutions. you know, this costs a tremendous amount of money, so, as stuart was saying, medicare, that's the reason medicare is going bankrupt. we're adding-- >> obamacare would help with this. because he was saying in this law, the bill that became law, we'll do more preventive care and keep people well before they got to that point. >> real preventive care doesn't occur in a doctor's office or a hospital and i don't think that obamacare looks at this. obamacare is an extension of comprehensive insurance to millions of people, very, very expensive. i think as i said at the beginning of this, you've got to change the retirement age. why should a 65-year-old require for medicare now. if we're already saying they're way, way better health than a 65-year-old was back in

the 1940's. >> and susan, there's been sear he ozero appetite raising retirement age. tried to do it one year and it wasn't like one year right now. you're about to turn 65 and we're going to raise it. it was in 20 years, then we'll raise it one year and it was no! >> you are demagogued to death if you suggest raising the retirement age and the aarp are coming out and saying you're robbing seniors and denying their rights. you can't do that. >> and seniors vote and politicians listen to seniors and their representatives, and even if the information being put out is bad information. you know, even if they wouldn't be affected, actual seniors wouldn't be affected if seniors were much younger and quickly, i've got to go. >> here is the irony, they're not getting the care they were promised anyway, when they signed up for medicare, they said take it out of my payroll check and looking forward to something we don't have anymore, we don't have the doctors, the nurses the access to care, so medicare patients are being robbed one way or the other and we need it to be

reformed. >> megyn: you have the thing in cvs and put your arm in the cuff and that's your new doctor. >> look forward to that. doctor, stuart, thank you. >> good to see you. >> megyn: ahead, a new twist in an ugly debate as some the president's closest allies are accused of selling face time in the commander-in-chief. and the upsetting result of america's fight against child mood obesity, a student on the way to the wrestling tierps gets a letter that leaves him furious. >> why do you care, it's not your body and how they do it with the numbers, tom brady is obese and he's the skiniest quarterback in the nfl. yep, there i am with flo. hoo-hoo! watch it! [chuckles] anyhoo, 3 million people switched to me last year, saving an average of $475. [sigh] it feels good to help people save... with great discounts like safe driver, multicar,

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>> just a reminder now, the

president is sharing dramatic new warnings about the budget plan that he proposed to sign into law and now does not want and cannot seem to reach a deal with republicans although there's been very little effort. they met just one time. these are live pictures out of newport news, virginia where the president is expected to warn about the coming be job losses if congress doesn't now do something to head off that budget plan that kicks in on friday. you can watch it all streaming live at foxnews.com. interesting story got our attention today about the how the fight against childhood obesity can sometimes take a wrong tournament a mother in massachusetts getting a letter from her son's school saying that his body mass index shows he may be obese. look at the child. he is competing for the state wrestling championship and is also now campaigning against how health official measure the body mass index of young

students, the fat content on their body. trace gallagher has more from our west coast news room. >> reporter: the students call these things back letters and the state of massachusetts sends them out to various students at kindergarten and 12th grade and detail your weight, height and body mass index or as you said bmi. ten-year-old cameron watson's letter said he was obese and bmi was in the 95th percentile. cameron plays football, martial arts, wrestles as you said the state championship and certainly doesn't look obese and he was not happy to get the letter. listen. >> why do you care? it's not your body and half of-- how they do it with the numbers, tom brady is obese and he's the skiniest quarterback in the nfl. >> reporter: we checked and tom brady, according to the index is not obese, so he is considered very overweight. i have no idea what gizelle sees in that guy and checked and found out that frank gore,

runningback for the 49ers is considered to be obese, as is cc sabathia, the pitcher for the yankees. now, the massachusetts department of public health says and i'm quoting here, helping children maintain a healthy weight may prevent serious illness later in life and intended to raise parent's awareness about the issue. now, cameron's mom, a local lawmaker, thinks that the money spent on the fat letters and screening could be spent better elsewhere. >> why aren't we having nutritionists speak to them. and not feeling so great about themselves that night and that bothers me. >> as for cameron, no worries, he says that he will get the last laugh. here he is. >> in your face. i'm a pro football player and i got the obese letter when i was ten. >> reporter: got the letter and now in the big leagues. you can opt out of getting

your child screened for bmi in massachusetts if you want to, megyn. >> megyn: wow, use today do that with the calipers and squeeze the fat on the back of your arm, it hurts, painful and kind of want them to leave you alone, but we had to do it in my school, too, let me tell you rough years in the middle school period, that's all i'm going to say. trace, thank you. >> reporter: sure. >> megyn: anyway, so we could be seeing a full circle recovery for the young woman who wound up behind bars after offering a judge the one-finger salute. the one-finger salute. we've got an update to one of the most watched stories here in a long time. we see what's going on with her now and rush limbaugh now expanding on his stunning declaration the first time in his life he's quote, ashamed of his country and the belief that liberalism won the day in america and why bill o'reilly is taking issue with that conclusion. >> the left with control of

the education system, control of the pop culture, movies, tv's, books, music, we've just been outnumbered. from track. ♪ to tracking field conditions. ♪ wireless is limitss.

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says the left controls the media, pop culture and he's not wrong, but i do not believe that liberal is dominate in the u.s. and however, the country is changing into an entitlement, it's not that apathetic americans are embracing the tenets of the left it's just that they're selfish and they want money for nothing, as dire straits once sang. >> megyn: that was fox news host bill o'reilly last night. and radio host rush limbaugh got attention saying the first time in his life he feels ashamed of this country and limbaugh later expanded and explained the remarks he isn't so much ashamed of the usa, but says and concerned that liberalism has won the day in america. >> the purpose of this program has been to create as large a body of informed voting citizens as possible.

and what we've been largely. we've been profoundly successful at that, the left has beaten us. they have created far more low information, unaware, uneducated people than we've been able to keep up with. the left with control of the education system, control of the pop culture, movies, tv's, books, music, and we've just been outnumbered. >> megyn: joining me now leslie marshal and chris plant, host of the chris plant show. leslie, obviously, rush is not a democrat and sort of sweepingly attributes the number that that we've seen in the last election and the way the polls go on some of the issues to large swaths of the american public being uninformed and uneducated and just wrong in his view. is there danger to

conservatives and the republican party in that sort of, you know, dismissiveness? >> yes. i mean, we saw that with one number in a very small video when mitt romney was running for president. we see that with the g.o.p., the old world g.o.p. refusing to look the at the truly changing demographic of america, of the american voter, and we see that now with them reaching out to the hispanic community, but i have to say, as a liberal democrat, i don't consider in the united states, which i would love to have more united, that there's a contest between left and right. i think that many americans are a bit fiscally conservative even if they're democrats and in the state near california that a liberal and more unsocial issues and more people identifying themselves as we saw in the the last election as independents because they do have pieces that they like from both platforms. and so, this divisiveness and this shame that rush has, i completely don't agree with.

one more thing, hollywood, i'm sitting 20 minutes from hollywood. we have the people control what's put out in the movies and television by what we want to watch. you want romantic comedies and you stop going to jaws and godfather and f"star wars," that's what they'll put out and they want to make money at the box office. and we speak out. >> megyn: i think you're speaking more to the power brokers, and not the liberal media so much as the power brokers who make them. and rush is is a little dismiss seive of millions of americans this, but to be fair to him, the context in which he was making those remarks was spending and the debate and the shock and horror we're about to increase by a little, the increase in spending that we're going to have this year, we're going to have more this year than we had last year, but just a little bit less and

people are apoplectic about it and a lot of conservatives can't understand why more americans aren't begging and pleading the people in washington to do something about the spending crisis. >> you know, i think rush was addressing micro and macro. the current fiscal cliff debate which involves reducing spending by 2.3%. and it's causing the apocalypse, the oma-geddon we're about to experience the end. week and it's going to be mad max beyond thunder dome if we reduce the rate of increase in spending. and look, when it comes to whether we're winning or losing, about 40% of americans still self-identify as conservative and about 21% self-identify as liberal. so why is it then that the liberal story line carries the day so frequently? we have a problem with the news media. we have a problem with the general media. there are, you know, the mass media, television movies and

so on. there are no conservative movies and no conservative telephones sho television shows. >> president obama won by the votes, and it's not that the people are liberal. american electorate is looking more and more left and the hatest numbers by gallup, gallup did a poll of 9,000 people before the election, which by the way this led to some of the confusion on the polls and that showed this electorate was plus 3 r, plus 3 republicans. gallup. that's a huge poll and now they do a poll that says, 47% of americans identify democrats or independents who consider themselves democrats, versus 42% who lean republican. so, something feels like it's shifting chris. >> well, i mean, there are a lot of things that go into that and this is the kind of stuff that i talk about every day. a lot of people don't want to identify with the republican party anymore because they've had it with the republican party, and not standing up for republicanism and conservativism.

so, that's part of it. millions of conservatives didn't show up and vote on election day, and that's another part of it. and also if you say you're not a democrat, you're not a supporter of barack obama, there's a price that comes with that, a social price, you're call all kind of terrible things like racist and other things. so when it it comes to the poll numbers shifting, you know, that's a discussion that we could go on and on about. when it comes to whether the left is winning, they have like an invading army taken over key notes in our culture that literally an invading army or a revolution would take over. you take over the radio station and you know, military things and you take over the radio station and tv station and control the message that's getting out to the people and you take over education, so that you own the next generation. and there is a lot of evidence to support the suggestion that that is the case and the left owns these institutions that are key notes to-- >> what of that. >> i want to leslie to weigh in on that and on o'reilly's point. he doesn't believe the electorate is uninformed and

he wants things and may be human nature to want things and want to vote for the person who is going to give them things. >> yeah. >> i really don't feel that's how, based on my talk radio audience, that the voters vote. a lot of people vote on party, name recognition, a key issue. one key issue that's essential to them. what i have seen a lot of, and i do live in california where there will be more-- a lot of republicans in other states, but i've seen people who are republicans and i agree with chris, straight from the party and disagree why. one of treasons i constantly he is extremism, i have republican friends who disagree on most things, but we agree with regard to the violence against women act, 100% or gay marriage, or choice and funding, social issues, things like planned parenthood, so, the social issues is where i'm seeing america in a sense, move to the left and i think that's where our overlap is more

socially and we're seeing the fight, even in washington, fiscally. when you speak of polls, two weeks ago, 72% of americans said they wanted, that the deficit was the most important thing. and pew research, same poll, this week, you know what americans said? oh, but he we don't want to cut anything. >> megyn: they always say that. >> the foreign aid. >> megyn: if i had a nickel for every time, yes, i'd delete that very concerned. don't touch anything it concerns me though. and just the rich, the rich, and back to the rich again? panel. >> we want our stuff. >> megyn: leslie, chris, thank you. >> thank you. >> megyn: well, one year after a young man's death divided this country on guns, self-defense, and race we take a closer look today at the recent revelations in the trayvon martin george zimmerman case and wait until you see what's happened to george zimmerman next. plus, controversy, a teacher asks female students to dress in burqas and to use the term freedom fighters when

referring to terrorists. we'll show you where this came from. and the potential impact of budget cuts and some descriptions may be getting dramatic. just ahead. . >> holy (bleep)! and i have to get feeding sick children and the old people. why did i only buy the hat? so...how'd it go? well, dad, i spent my childhood living with monks learning the art of dealmaking. you've mastered monkey-style kung fu? no. priceline is different now. you don't even have to bid. master hahn taught you all that? oh, and he says to say (translated from cantonese) "you still owe him five bucks."

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>> today marks the one year point, since the death of florida teenager trayvon martin. his shooting touched off a national firestorm over guns, self-defense and race. and martin, you may remember was fatally shot by george zimmerman and while zimmerman

claims the shooting was in self-defense, attorneys for martin's family have accused him of following trevon simply because trevon was black and shooting him in cold blood. we're told that zimmerman is living somewhere in seminole county florida, scheduled to go to trial on june 10th. and look how his appearance has changed in the the past year. on the left that's zimmerman in april of last year and on the right, a photo from his latest court appearance and we're told he's gained a hundred pounds? nearly a hundred pounds. trayvon martin was only 17 when he died and would have celebrated his 18th birthday this month on february 5th. joining me now for some perspective judge, great to see you again. it's amazing, and remarkable what the stress of being a criminal defendant will do to you. the physical change in george zimmerman is rather dramatic. >> that combined with his inability to go anywhere, he's

one of the most vulnerable individuals after the rioting and threats last year, so he probably spends a lot of time eating and sitting at home and that's not particularly good for your health or your waistline. >> megyn: we heard last week that the martin family attorney filed paper work that would lay the groundwork for a potential civil suits against mr. zimmerman and now has to fight the criminal charges obviously his number one problem and potentially a civil suit brought by the flame. th by the the family. and it's going on for years. >> yeah, it's going to go on for years. the end of the tunnel there's not much there for a civil suit because zimmerman really doesn't have any assets unless they're planning on going after the community home owners association or something for inadequate security, but frankly they don't usually have much money either. i'm not sure what the goal of it is, if they were trying to get him to answer questions for the civil action that could be used against in a

criminal case, it's too late for that. that's not going to happen. >> megyn: the criminal case is proceeding now on two different fronts. on april of 22nd, zimmerman is expected to ask for immunity altogether based on the stand your ground law in florida. >> that's right. >> megyn: if he doesn't get it, didn't win that sort of mini trial he goes to the real trial on june 10th on second degree murder. how do you see at this point, a year into it now, judge, how do you see it playing out? >> in some cases the state, no matter how you slice it. second degree in florida isn't premeditated, an act that's imminently dangerous to other stemming from ill will, spite, hatred and zimmerman muttered under his breath the a-word and that wouldn't do it. they have a tough call on murder. and the stand your ground law

is trying to-- >> the defense attorney. the defense attorney, he doesn't anticipate the judge is going to grant it it and he doesn't want to so his cards that far in advance of the hearing and benefits him to have it closer, but bottom line, one way or another it's a tough case for the state and we haven't seen the statement and withheld that, it's not discoverable in florida and not releasable. and discoverable by the feds and we will highlight the inconsistencies, to the statements made. >> we saw a lot of statements by george zimmerman, and a long statement by the police and written statement and inconsistencies between the two and that's going to happen at trial and the prosecutor will get up there and compare those two and what he says on the stand and in your judgment, let's say he does not get immunity at the initial thing in april and he has to go before a jury. how much will all of the media coverage and you know, right now, zimmerman's got a civil suit of his own pending against nbc news what he claims was a false and obviously was a misleading edit that made him sound like he was commenting entree von

martin's race that night remember that, when he said he was black and cut out the part the 911 operator said what color, is he, he said he's black. and that's already in sort of the bloodstream of the potential jury pool. how much does it affect the verdict in this case? >> a lot. that's why the judges have discretion deciding whether or not to transfer venue to get it out of a hot spot like sanford and that was covered all over the world, not just the country. like an o.j. simpson trial or casey anthony trial, you can move venue and only so much you can do. i'm more afraid of the jurors being afraid for their own safety if they vote one way or the other and unfortunately, there was enough may tread and venom spewed on both sides that it could definitely affect it. >> megyn: yeah, judge, thank you so much for your insight. good to see you again. >> like wise. >> megyn: a final note for you, down in florida they reviewed the stand your ground law recently and concluded there's no reason to make any

changes to it. it will stand. breaking news on one of the stories we brought you yesterday, one of the biggest advocacy groups calls on president obama to shut down a team of former campaign workers after accusations they're selling access to the president. and controversy in the classroom as they have female students in burqas. of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it.

>> the latest classroom kwoefs controversy, photos show students covered in burqas, part after lesson on islam. that's not all. students were allegedly told to refer to terrorists as freedom fighters. and trace gallagher has that. >> reporter: this happened in a world geography class outside of beaumont, texas and the teachers brought in burqas and other clothing for the

female students to wear. and that's when she told that the terrorists would be referred to as freedom fighters. and this picture was on facebook. one dad said first, they were discussing mexico and then islam, which isn't a country. and the expositioning them to world's custom and culture. and the cloiting expresses the individual culture. and the lesson, students volunteered to wear the clothing, one mom says there was nothing about christianity, christians who want to pray have to do so after hours. the state senator dan patrick launched an investigation and he says it turns out this was not required by the state. it was all done the at the local level, so, they have now dropped the investigation, but he is still appalled, saying,

imagine if a muslim student was told to dress up like a priest. the bottom line, the principal says he still support this program and for now, megyn, the teachers will keep fighting, but have very little recourse. >> trace gallagher, thanks. >> breaking news next on a group of former obama campaign workers faced with accusation that is they are selling access to the president. plus, a hot air balloon explodes in the sky with 19 people inside. the terrifying details on what happened from an eyewitness. and new warnings from the obama administration that looming cuts could undermine national security. but what about the homeland security budget for snow cone machines? shouldn't that go first? [ fishing rod casting line, marching band playing ]

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>> fox news alert. under growing controversy for the administration now. calls for president obama to shut down a well publicized and well-known team of former campaign officials who are now accused of trying to sell access to the president and the white house. welcome to america live, everyone, i'm megyn kelly. we brought you to story yesterday. the president's former campaign team have formed a lobbying group focused on advancing mr. obama's legislative agenda. to get the ball rolling. they funded a pitch sounded like they were selling access to the president and the new york times had a long report about this whole thing over the weekend. here is the white house spokesman jay carney fielding questions from white house correspondent ed henry. >> you're not denying the point that was reported by the new york times that even though he has all of those reforms if you give 5,000 or more to this group you get

access to the president. >> the president is engaged in an effort to pass items on his agenda and outside organizations that support that agenda, like organizations that are environmental in nature and support abbi support-- or support manufacturing agenda, he, the administration officials can meet with them, including the president, but the fact of the matter is that it's an independent organization with supporting an agenda. >> megyn: chief white house correspondent ed henry is live at the white house now. ed, let's start there. the-- so this is the new york times that broke this over the weekend or talked about this. and in a scathing piece that really talks about how now, the deal is, if you give $500,000 or more to what used to be organizing for america and now it's organizing for action, it's got all the players, you know, jim messina, who is the other one? >> stephanie cutter and others. >> megyn: thank you. >> are going to be consultants

to it at the least and organizing for action. what action? legislative action that the president is pushing on gun control, immigration and other issues. so, when jay carney in that clip just said this group is independent of the president and his people and his agenda, that doesn't sound exactly true when you hear and look on the organization's own be website and they say that they're promoting the president's agenda, not that they're independent of the president. so, on that important point about what the new york times reported was that for $500,000 donation to this group, they claim you will get access, quarterly meetings with the president of the united states. that sounds like selling access and that's why today the new development is a common cause, not exactly a conservative group, came out today and didn't just say reform this, they said shut this group down and urging jim messina and other top obama campaign officials to actually shut it down altogether. a 501 c4, a nonprofit group and they say that this is

going to be flouting the rules and should not move forward. >> megyn: let me jucst jump in, the new york times reports if you give $500,000 or more, you get on a national advisory board for president obama's group. so now you have that access you're on the board and get the bah, bah, bah, in the ears of those who have the president's ears all you wants and the privilege of attending quarterly meetings with the president himself, along with other meetings at the white house. now, president obama has railed, has railed against this sort of influence peddling that he always puts on the republicans. but he's supposed to deplore this kind of thing. has jay carney said anything more about it, about the actual access they're going to provide to the president himself? >> sure. it's an important question, one we were pressing yesterday and jay did not get too specific about what kind of access to the president these donors will get and you're right, that's the most important question here is what common cause and others are focusing on. it's an appropriate question.

but i will say that other officials after that briefing suggested to me that the access will not happen at the white house. there will not actually be at the white house the quarterly meetings. however, even if the president leaves the white house and goes to a hotel and somewhere else. >> who cares. >> it's access potentially to the president of the united states who has influence over the major legislative issues, whether it's at sequester, what budget cuts are going to be made and what's going to happen on immigration, conditions, the economy, the budget deficit, you name it. this is why the president, 2007, 2008 and again in the 2012 campaign talked about cleaning up the system and railed against mitt romney, by the way and conservative super pac pouring untold sums into the campaign and now they're getting questions asked what they're doing with money on the democratic side. >> megyn: speaking of money, the big story in washington today is the sequester, which is the decreased scheduled increase we're going to see in spending this year and going to go out not quite as much and everybody is up.

even though both parties are to blame and the president is railing once again today on the republicans, saying what? >> reporter: he basically said that their approach, charged about the republicans today, the approach to deal with cutting spending is a dumb idea in his words and newport news in virginia, and finished up the speech and they do a lot of ship building for the navy and the president says tens of thousands of people in the newport area will end up being furloughed in the massive cuts keep going through and the president followed up on the homeland security secretary janet napolitano would be more vulnerable if the cuts go through and today he was talking about defense cuts and jobs, and john boehner responded promptly with some tough and colorful words about what the senate democrats would do. take a listen to the president. >> these cuts are wrong. they're not smart, they're not fair. they're a self-inflicted wound

that doesn't have to happen. >> so, for 16 months, the president's been travelling all over the country holding rallies instead of sitting down with senate leaders in order to try to forge an agreement over there in order to move the bill. we have moved the bill in the house twice. we should not have to move a third bill before the senate gets off their ass and begins to do something. >> reporter: some colorful words from john boehner there gives awe idea of the tone and tenor in washington right now on both sides of the aisle. suggests that with just three days to go there's really no deal in sight. >> megyn: it's always interesting, you listen to the president over and over and it's wrong, it's bad policy, it's unfair. i mean, who in their right mind would have come up with such an idea? oh, wait, it was you, mr. president. and all of those republicans who are apoplectic about it now signed onto it, too. >> the president and staff's idea. >> megyn: he signed it into

law, they're equally guilty, ed. >> reporter: you said it pretty well. >> megyn: but you know, there's still a debate whether it's true guilt because a lot of people in the country think look, there's going to be pain that goes around, it's the least of the pain we need and it's a piece in the ocean of our budget not cut, but-- >> that's simply one of the questions and the point you make there, that's a reason why the president is suggesting doom and gloom. if some of the cuts go through and it turns out it's not that bad, that's gog give republicans ammunition to say, look, you can cut spending and not as apoplectic as everybody is suggests. >> megyn: is that rain? i hear rain. >> reporter: it's starting to come down, chilly here. >> megyn: a bad day. sorry, ed. >> reporter: good to see you. >> megyn: we will have a fair and balanced debate here whether it's true that this group is basically selling access to our president and whether this pushback from some on the left now could shut this whole organization down. this powerful, powerful organization that is pushing the president's agenda coming up. back on the fight, homeland

security janet napolitano is warning about-- >> when we asked it up it's equivalent in hours, 5,000 of border patrol agents, it means less overtime and ability too hire port officers, longer lines there. it it means really the same at the tsa, longer lines there. it means that we can't continue to invest and build. >> megyn: but the folks who watch government waste were quick to point out that dhs had grant money going to programs for many items you might think are less important than our security that perhaps they could cut first. like battle field ready, mini tank vehicles called bearcats. in particular, one town in new hampshire is using one of them to protect its pumpkin festival. and that's important. plus, dhs spent 90,000, on a security upgrade for a spring

training area in arizona. crucial line item week long conference at paradise point resort and spa in san diego for zombie apocalypse training. we're not kidding. and tom schatz is president of citizens against government waste and you've been railing about the waste we have in spending for a long time now, tom and to hear folks like ms. napolitano talking about the dire cuts to our security when it's her group teas doing the zombie training, it must be be rather frustrating? >> it doesn't matter whether there's a sequester, whether we have a surplus or a deficit, record debt. this money is just being wasted. everyone knows it. no one's doing anything about it. congress could give the white house and the agencies more authority to make wise decisions where to cut spending, but based on what the president has been doing i don't blame them for not trusting him because he's talking about the worst possible cuts rather than saying we could easily save between 5 and 10% which is

sequestration for the current year, and get by and anyone can reduce that amount of spending if you have choices where to make the cuts. sequesters, give many choices, but omb did say to the agencies last month. you can protect core missions and have some flexibility to change how the money is allocated. >> let's talk about that. in the introduction we've picked more outrageous items of government spending and we're paying for snow cone m machines and baseball training, and we talk about the-- instead of these cuts to the security systems we care about, including 17 billion in unspent or unobligated funds? what's unspent or unobligated funds do we have 17 billion in. >> this is just for the department of homeland security and 9 billion in unobligated funds, money that congress had appropriated to the agency that they have not

spent or decided where to spend that money, over feema, 5 to 7 billion dollars in moneys for preparedness programs that they haven't spent. there's unspent money all over the federal government and if they just send it back, instead of just keeping it to try to spend it, one of the examples in this urban area security initiative that the snow cones came from was in columbus, ohio. 98,000 for underwater robot the city had to declare that an emergency expenditure it keep the money, rather than send it back to the treasury. >> megyn: what baseball stadium did we upgrade and why did we do it. >> it's peoria, arizona they play spring training for the mariners and the padres, and again, nothing that the government should be doing. that was arizona officials because they got money from the fed and they had to spend it. >> megyn: what exactly did we do with the snow cone machine? >> i honestly don't recall where they were, but this was something else that was dehe

clared part dehe-- declared the security, and you mentioned the money for protecting a pumpkin patch and ridiculous what they're using it for, we're spending way too much and not in the right places and that's true throughout the federal government and one of the reasons why sequestration we think should go ahead and may force everyone here to say hold on a second we have to focus on areas of waste because there are priorities in government that we need to fund and we can get rid of the other stuff, now as sequestration, they go forward and it will affect everything equally instead of just the bad stuff. >> megyn: all right, tom, thanks so much for being here. >> thank you. >> megyn: and the snow cone and use the other, stick it in the eye. security. coming up, the former administration official sparking a new debate over the u.s. drone program. remember former press secretary robert gibbs? now he's admitting he was not even permitted to acknowledge the existence of the program during his time at the white house. judge napolitano is next on why that matters. plus, some nascar fans injured

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>> a new debate over the white house program using drones to target terrorists overseas after former secretary robert gibbs was told he could never acknowledge this program existed. you see the president recently discuss the need and desire to be more forth coming. i certainly think there are aspects of that program that are and will remain highly sensitive and very secret. let me give you an example here, chris, when i went through the process of becoming press secretary, one of the first things they told me was you're not even to

acknowledge the drone program. you're not even to discuss that it exists. so i would get a question like that and literally i couldn't tell you what major asked because once i figured out it was about the drone program i realized i'm not suppose today talk about it. >> megyn: now a growing list of media figures are taking issue with that admission. and judge napolitano, he's making light of it there and laughing, but this is extremely serious and the fact that the administration had a drone program in place and kept it secret from the press and the american public is something that people on the left and the right have taken issue with. your thoughts? >> and rightly so, they should take issue, when the government lies or issues false statements and denies the obvious, denies things that we have strong reason to believe in fact are in existence, the government undermines the rule of law, it undermines its own moral authority. and it encourages other people

to lie and to disrespect the basic rule of law. >> megyn: don't they do it it all the time when it comes to in particular national security and isn't there some merit in having our president be the decider of what is shared and what isn't when we have troops in harm's way and the american public under terrorist threats? >> i would argue that the drone program is so wide of the mark, killing people in countries with which we're friendly, countries where we could easily arrest people, countries with which we don't have a beef. countries where our troops and our intelligence agents can operate freely and in conjunction with the forces of that. and that the american public should know about it. there are statutes that require the president to inform certain select members of congress that the leaders of the intelligence committees in both houses when the president is going to use lethal force inside the intelligence. >> this became an issue back under president bush with the

enhanced interrogation techniques. remember the dustup, nancy pelosi says we weren't told and other groups saying they were told and so on. but my point is simply this: we have president after president literally, bush and obama who made the decisions in the name of national security and kept them secret and gibbs not telling us and that's on president obama, that's not on gibbs. >> correct, gibbs probably would have not gotten the job saying-- >> you're the president's messenger not an independent messenger. >> he has placed himself in an awkward situation, wanting to tell the truth like all human beings do, but the boss wouldn't let him tell the truth. that's the problem with the government today. it's a crime for me or you and anyone watching to lie to the government. why isn't a crime for the government to lie to us. the business of lying especially when it's about deaths of human beings seriously undermines respect

people have the government and that attacks the fabric of our society and core basic american values. >> megyn: president obama is hit on this already because he made this promise to be the most transparent. >> correct. >> megyn: most transparent president and administration. and when you're talking about transparency, how transparent do we want to be? we don't want to that gets americans killed-- >> shouldn't be in the business of killing terrorists, or americans-- >> shouldn't be in the business of killing terrorists? >> shouldn't be in the business of killing people in friendly territories, people could easily be arrested or taken care of by the government of the country in which they're located, but when the president thinks he can willy nilly use drones, however, whenever and whom ever he wishes, and lie about it, we have a problem. the other problem, this becomes a precedent.

george w. bush's use of drones was for barack obama to ratchet that up. and president obama's use of drones is for the someone to ratchet it up. >> megyn: the drips and drabs, the justification and leak of memo within the administration saying why this stuff isn't torture and so on. huge calls of consternation in particular among the left and now the same thing is happening with the drones. >> yes. >> megyn: this past month, the legal justification leaked out from the administration on its justification for drones and only now do we get to sort of check on our own to see whether we believe that legal justification is valid quickly. >> the legal justification was hogwash. and these are our secrets, legal arguments based on opinions to judges to which you and i can't access and the administration won't let us see them. it's wrong and when they lie and deny the stuff exists, that will haunt us today, it will haunt us in the future. >> megyn: judge, thank you for being here. >> pleasure, thanks for having

me. >> megyn: coming up a growing debate of some of the president's former campaign team accused of selling time-- they are accused of selling face time with the commander-in-chief to the highest bidder. is this how we want our politics to go down? >>

>> somber setting today in new york's lower manhattan, a bell tolling at 12:18 p.m. today to honor the six people who died in the first terrorist attack on the world trade center. the 1993 bombing 20 years ago today injured more than a thousand people. the bomb went off in an underground parking garage below one of the towers. six terrorists were convicted of carrying out that bombing. who could have foreseen exactly what would happen just

a few years later on september 11th of 2001. well, overseas today what is being called the worst crash of its kind ever recorded. 19 tourists were tragically killed when a hot hair balloon plunged 1,000 feet to the ground in egypt. now we're hearing the country's struggling tourist industry could struggle more after seeing losses from the arab spring uprising more than a year ago. how awful. leland vittert is following this. >> reporter: megyn, we're' learning more details of the terrifying moments right before the crash, 7 a.m. over southern egypt, the town of luxor when the balloon would have been coming in for a landing and finishing its sunrise flight. that's when we understand that possibly a landing wire got wrapped around the pipe that takes the gas from the tanks on the balloon up to the

burner. a gas leak and that's when the balloon shot all the way up to thousand feet. massive explosion and perilous seconds when 21 people in the balloon are falling back to earth many of whom are on fire and terrifying situation, a number of people in other balloons were witnessing it, as it happened. one of the people who was able it to save himself was the pilot. he bailed out of the balloon when it was just about 20 or 30 feet above the ground and then crashed back into this sugar cane field where they were landing after flying over the valley of the king. as of now, 19 people dead, including at least some french citizens, chinese citizens and also some british citizens. they have grounded all balloon flights down there and it was a popular tourist attraction to take part in in southern egypt. remember, a huge part of the egyptian economy is tourism itself. those numbers are way down, and many fear that this latest accident and mysterious questions about the egyptian

safety checks and levels there inside of these tourist operators are going to mean that tourism falls even more. to give you an idea how much the egyptian economy is hanging on, just by a thread when it comes to tourism. right now it's high season down there in luxor, and hotels are only 25% filled so people are desperate as this goes on and obviously, a lot of people are wondering how this could possibly happen and the egyptians are promising a full investigation, however, it's unclear if they're going to be able to figure out anything more than either human error or perhaps some kind of mechanical error on the balloon that allows the gasoline to begin and once you have the fire happen little to do to put it out. >> i don't understand. i mean, how did the pilot save himself if the balloon is hurling toward earth from a thousand feet and he's got that momentum. how does jumping out of the balloon basket save him? >> i have no idea. the only thing that we do know

is that as he came down, he was somewhere sprit from the balloon. there was one other survivor, a british citizen taken to the hospital with what they called severe burns, but when we looked at the video of this survivor, i'm not sure if we have that video to replay, but when he was wheeled into the hospital and the cameras caught him he appeared to be in pretty good condition and able to hold up something on his face and tell on camera he did not want to be on videotape and yelled at the camera crews and his testimony once they interview the pilot will tell how they were able to survive while the other people died so horrificically, megyn. >> megyn: my goodness, leland, what an update. thank you. wow, well, new developments today in this push about a government wash dog group that's now calling on the white house to shut down this well-known, well publicized team of former campaign officials that's being accused of trying to sell access to the president.

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>> fox news alert and more now. in a growing controversy for the obama administration. a well-known public advocacy group common cause is now calling for the president to shut down his former team of-- well, his team of former campaign officials who are supposed to be working to push his agenda. but are now accused of trying to sell direct access to the president, if you write a big enough check. the controversy got a whole lot of attention after the new york times wrote about a fund raising pitch from the group, this off shoot of what was the president's campaign team, that suggested a donation of $500,000 or more would get you time with president, a whole lot of time. in fact, four times a year and here is white house spokesman jay carney fielding questions on it today. >> and i guarantee you access and this is an independent organization, and i would point you to the organization, how it raises money and quite

clearly distinguishing it from other organizations that it will disclose, but i would point, i would direct your questions to them about how they, i believe, correct, i would point you to that organization. >> and so when the president ran in 2007 and the cynic and lobbyist, they write the checks and get stuck with the bill and they get the access while you get to write a letter. doesn't this in many ways, though, create the situation that does blur that line of exactly what you were campaigning against in 2007 that he doesn't communicate to the people even though independent to say that this isn't the way that my administration wants to work? >> the president has been clear what his agenda is. this is an independent organization that supports the policy initiatives that the president puts forward. not unlike a variety of so-called, you know, 501 c4 organizations, and the-- >> and he went on from there. joining me now to discuss it,

brad blakeman, and marsha, clifton consulting. and he says there are a lot of of organizations like n.r.a., for example, that exist in part to push agendas. en so, this organization is like the n.r.a. in that respect. it is unlike the n.r.a. in the respect that it is made up of president obama's campaign team. that's just true, every news organization has reported that. and now, we have the new york times reporting that if you cut this group a check, of $500,000 or more, you'll get four meetings with the president. you will get other white house meetings and the question, margery, whether this is directly contradictory to the promises that barack obama made when he was running for office. there were ethics rules in washington that tried to stop the purpose and insulate from outside influence, we don't want big pocketed individuals from getting access to our lawmakers and president so they can buy a position. and is that what's happening

here? >> well, i have to tell you the optics don't look good. what jay carney was trying to highlight, unfortunately what we're seeing here i think is one of the most injust issues in terms of our democratic system in that money does talk in washington, regardless what party you're in. it buys you access and influence, look at the way that the president's campaigned if you're one of the koch campaigns, romney's campaign a three-day retreat with him and dinner with barack obama's campaign. and when you see hip speaking on the issue and unfolding, but unfortunately business as usual what we're seeing in the past and seeing again and details of how this works, we don't know, but i would say in my experience, advocacy groups all over washington and all over the country, money buys your seat at the table and buys you a voice on an issue and i think that's what you're seeing here. >> brad, you worked for

president obama. how does this differ, if at all from the kind of activities that marjorie just outlined that all of these presidents do. >> if any member of the bush administration, especially senior officials, past or present in the campaign or in the white house had created this organization and implicated the president, and basically scheduled the president to attend third party functions, the justice department would be looking into this. this is immoral, it's unethical. it's illegal for an organization to obligate the president with money, the condition is money, $500,000 gets you meetings with the president at the white house is the language that they used. and jay carney should have referred this to the justice department for an investigation. they should have ceased and desist letter should have went out from the white house counsel to this organization and look at common cause, not exactly a conservative group. left now is moving against the president. because this is cronyism at

its finest, exactly what you would expect out of a chicago political hack machine. now that the president is running under the white house and telling corporations and the richest individuals in america, if you want influence from the obama administration, you can't go through the front door, you have to go through the back door, through my aides, outrageous. >> common cause said in the interview with the the times, quote, it just smells. the president is setting a very bad model, setting up this organization. and now, interestingly though, marjorie, jay carney first asked are you selling access to the president, does $500,000 get you a meeting with the president and he said no he, went on to talk about well, this organization does a lot of work and presses the president's agenda and president regularly meets with the the individual to support h agenda. >> and it's true that they'll take meetings and the same way with the n.r.a. and meeting

with others who don't support-- and as the president of the united states. and distinction, 500,000 does not buy you a meeting with me, it's an independent entity and looking into what exactly was promised to the donors because it does smell fishy, i'm not going to deny that, but, brad, as you know, as part of the bush administration, $250,000 of the bush library got you audience with the president as well and different situation bye-- >> there's a big, big difference. you're talking about a library post presidency. >> actually was before. >> and well, wait a second. you're talking about access to the president to build his library. and the access was not while he was-- while he was president on policy. the 501 c4 and 3's that were created for the bush foundation and library have everything to do with an educational benefit and a charity. this 501 c4 created by the obama administration is to push his policy and you have

to have $500,000 in order to access to the president on the agenda. >> megyn: and the reporter, i don't know who asked that question we just listened to, but it was, no, it wasn't major, someone in my ear. and somebody was asking the question that he we just listened to and the quote from the president from 2007, president obama then senator obama was, this is-- remember that senator? remember that guy, barack obama who was running for office in '07 and '08 and talking about influence in washington and how this is wrong and we need change and we need hope and he said they write the checks and you get stuck with the bill. they get the access while you get to write a letter. they think they own this government, but we are here today to take it back. marjorie, and the they you write the letter they write the checks and you get stuck with the bill. if this reporting is true that's exactly what he was complaining about. >> oh, no question. and i mean, again, i think it speaks to a lot of reforms that we need as a government as a whole is a lot of this

campaign finance reform and things he was talking about and unfortunately, the very things that are driving his own campaign and honestly, i think that there's a lot of good politicians, again, on both sides of the aisle that care a lot about this and see this as a problem, but you know, who is willing to actually step up and make this their cause? that's the bigger issue because it does fund their campaigns and keep them in office. >> megyn: there are so many loopholes, you tell me that there was no way if you donated enough that you-- >> of course. >> megyn: that you wouldn't get access to the president and it doesn't seem like all of these administrations do it. >> it is true. no, no, look, again, what the democrats are famous for is when they're steeped in crisis look for some other diversion. i can tell you when i was at the white house in the campaign, there was so such entity. third party entity which advertised a dollar amount for access to the the president, it didn't happen and if somebody did do it in the name of the president they would have been, a, fired. b, investigated, and at most

charges being brought by law enforcement official with competent jurisdiction. and when the left starts raising up against the president, you know something is terribly wrong. >> megyn: before i let you go-- >> selling the president. >> megyn: and before i let you go. jim messina the guy running this group allegedly offering this money, he was the guy, right, i mean he's the guy who ran the president's campaign. >> sure. >> megyn: and again, you see this on both sides of the aisle. >> megyn: no, no, listen. jim messina comes to you, it may be different from an outside group that has no connection to the white house, but jim messina comes to you, i'm telling you $500,000 gets you four meetings with the president you believe him. >> no, absolutely. again, i'm not questioning that there is some questionable behavior and things that need to be looked into, i think there are, but what i am saying, it's not very different, now, even from an optics standpoint. brad i totally respect you and appreciate what you're saying, i don't think it's entirely true to say this is not something that happens on both sides of the aisle and if-- >> it didn't happen while i was there.

>> megyn: to brad's point not in-- you know what we've got a lot ever work to do in washington. and let's get at it. thank you very much. nascar fans injured by the fiery crash in daytona are trying to file suit. are they likely to succeed? that's in kelly's next. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

>> kelly's court is in session. today. the nascar crash fallout. the new level of safety you can expect when attending a sporting event like this one. this comes after a fiery crash in the final lap of the nationwide series race in daytona, one that sent debris, including a tire flying into the stand. dozens of fans were hurt. two said to be critically injured although they are expected to recover. and now, there is word of possible legal action as at least two of the fans retained legal counsel, but do they have a case? randy is a former prosecutor now defense attorney. mercedes colwin, a fox news

legal analyst. and the liabilities less clear. >> defense said, wait a minute, they had that waiver and not so fast because the courts loathe the wavers. especially with catastrophic injuries like this, and 30 or so injured and couple went to the hospital and had life threatening injuries. and they'll look clearly at that waiver and if you look at the language of the waiver, it says negligence. it doesn't cover glows negligence. that means that the plaintiff's lawyer is going to say, wait a minute, how do we know that the safety fence is safe for the spectators? you have the money to get the best safety fence, was there a test done? you know the cars are going 200 miles per hour. and that is like throwing debris on the skyscraper in manhattan and it's going to cause significant injuries and the other part, which is the plaintiff's lawyer is going to hinge on. wait a minute, daytona you told them they didn't have to sit in the area if they feel

uncomfortable and sit in other parts of the stand and the stadium holds 160,000 people and we know that it wasn't a soldout crowd. there was plenty of seating available. they didn't have to sit individuals in that zone called zone zero, they could have seated individuals in other areas, but all of this combined, the waivers at risk and the plaintiffs each actually had a chance to win on this. >> megyn: randy? >> it is unfortunate that people got injured, however, we look at a few simple things in a situation like this, we look at the question of risk. i think we can all agree that car racing as a spectator and as a participant, it's an inherently dangerous sport. as mercedes just said. these cars are going 200 miles an hour. so, am i as a spectator on notice of the possibility of an accident? and the lower down i go, the possibility increases, the closer that i am to that track and that car going 200 miles

per hour, than if there's an accident, i could get injured. so if i have knowledge, if i'm on notice, if i appreciate that risk, i ever assumed that risk. throw out the license that's on the back of the ticket. let's talk common sense. and if you don't believe me, start telling the nascar fans we're going to build a 40 foot high concrete fence so you can't see a damn thing, and tell me their reaction. they knew what they were doing. they knew what they were getting in. it's unfortunate, but a reality. >> megyn: and what about that, mercedes do some of these people goes to the events sadly because they're wondering if something is happening and want a front row seat to it. >> that's part of the argument that the defense will argue. the counter to that, when you have a stadium this mass size with 160,000 possibilities of where to sit, you don't have to sit individuals right there, right next to the fence. take those precautions and by the way, the fence in and of itself. we've had a lot of cases involving the safety fences

and that's of course is going to focus on as well. is that safety fence really hold up to what it's required to do? 30 people got injured and it was around the bend. you know when the cars are going around that the safety fence-- >> who, nascar, the driver of the car? that's next.

. >> randy, who is on the list of potential targets in a lawsuit and are they likely to just settle even if they don't think there's liability? >> i don't know that we have enough time in the hit. you've got nascar, you've got the track owners, you've got the driver, you've got the manufacturer of the car, the manufacturer of the aerodynamic package on the car, flaps, for example, supposed to keep the car down. the maker of the fence, the catch fence. >> megyn: oh, my lord. >> the list goes on and on. and it's not right, it's not

right, it's not right, it's not right. negligence means there's a risk and you fail to see he it. the track does what they do and balance that with what they give the spectators. >> this are other seats in the stadium. >> megyn: and mercedes you know as a defense attorney, these cases normally settle. the courts don't normally allow a big one to the fans. mercedes. >> this is a pr mess, get it done, resolved, confidentiality, sweep it under the rug and deal with it next time and reinforce the fence and so it doesn't happen again. >> megyn: good job, panel. we will be right back. >> thanks, megyn. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars.

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count one will be 10,000. >> are you serious? >> i am serious. adios. >> remember that? that was video of the florida teenager who made headlines after flipping off a judge. trace reported on it and has an update. reporter: he gave her 30 days for the -- whatever -- and then she apologized. she spent five days in jail. the judge let her out. and now she is back and is a big star because of the media. went behalf different judge and that judge said she is doing so well, she even got a round of applause in court. she has since that moment passed eight different drug tests. she is free. she says she's got a job, and 18-year-old penelope soto is now free and on the road to recovery. >> maybe she learned a