signed football. jack called the meeting awesome. he's been quite busy. he was also at capitol hill. the senate passed a resolution naming september 26th national pediatric brain cancer awareness day. that's what a 7-year-old was doing to change things. >> good for him. >> sa awesome. the meeting was awesome. thanks for joining us. america live starts right now. fox news alert. the obama administration today defending the handling of the boston marathon terror attack and saying the intelligence community is still examining how the attack succeeded despite warnings the fbi received about one of the suspects ahead of time. welcome to america live, everyone, i'm megyn kelly. president obama said based on what he has seen so far, the fbi and homeland security did what they're supposed to do. then going on to acknowledge that we need to do more to spot people who are becoming radicalized. that came as fox news earlier confirmed that female dna was

found on components of these bombs. we're told that it's too early to determine if a woman actually helped make the bombs, and we will have more on all of that in a few minutes. first, we want to check in with our chief intelligence correspondent, kathryn he cathee herridge live in washington. what are we learning about a new intelligence review? thank you, and goorn. the president defended the handling of tamerlan tsarnaev, that he was a follower of radical islam, calling the internal review by the intelligence community and the handling of the intelligence up to the attacks in boston standard practice. >> based on what i've seen so far, the fbi performed its duties, the department of homeland security did what it was supposed to be doing, but this is hard stuff. >> reporter: hard stuff because

the president acknowledging today that the brothers seemed to be part and parcel of al-qaeda 2.0. the emergence of the islamist ideology as a movement which drives home grown terrorism through the use of the internet. >> one of the dangers that we now face are self-radicalized individuals who are already here in the united states. in some cases, they may not be part of any kind of network, but because of whatever warped, twisted ideas they may have may decide to carry out an attack. >> reporter: the president is also asking his counter terrorism team to find those in the u.s. who are self-ca self-radicalized. there's a new case of home grown terrorism that's 245 sprouts in the country about every three to four weeks since 2008. >> thank you so much. >> reporter: you're welcome. there's renewed focus on the widow of one of the boston terror suspects. after investigators say they

found female dna on one of the bombs. she, the wife, of course, lived with her husband, the now dead terror suspect. federal authorities visiting the home, look at this, of kathryn russell tsarnaev's parents yesterday in rhode island. they were seen carrying away several bags of potential evidence. shortly after agents left that home, miss russell took off with her attorneys. trace gallagher picks up that part of the story. trace? >> reporter: you have to remember that friends of kathryn katy russell called the all american girl said she was brain washed by her ultra religious husband. well, now we he have brand new proof that kind of goes against russell's whole someness. it turns out in june of 2007 russell was arrested for shoplifting, $67 worth of clothing or five different items from an old navy store in rhode island. she reportedly stuffed them into her purse. she was fined $200, sentenced to community service. the charges were dropped. as we know, her mother-in-law, the mother of the suspected

bombers, was also accused of shoplifting from a lord and taylor some $1600. now fbi agents are back at her parents' home in rhode island, reportedly getting a dna sample from her to compare with female dna found on one of the bombs. her lawyer has claimed she has been doing everything she can to assist in this investigation and that she was shocked to hear that her husband and brother-in-law were involved in this bombing. the fbi carrying several items out of the house is now looking to find out what, if anything, she knew about the bombing before hand and if she might have warned the brothers that they were being watched by the fbi. the fbi will continue to investigate this throughout much of today. >> trace, thank you. we are also learning more about the team that will represent accused bomber dzhokhar tsarnaev who authorities believe helped carry out the attack that killed

three people and injured hundreds more at this year's boston marathon. fox news has confirmed that the team of his lawyers will include high-powered defense attorney judy clark. she's the one you want to get if you are facing a potential death penalty charge which he is. a death penalty opponent who has represented some of the most notorious criminals in history, at least recent history. among them, the una bomber, olympic bomber, the guy who bombed the atlanta olympics, eric rudolph, more recently tucson shooter, jared lee loughner, the one who shot gabriel giffords among others. all of them received life sentences instead of the death penalty, not to message mentionn smith. remember the woman who drowned her children? she got life sentences for all of these folks. what does that mean for dzhokhar tsarnaev. we'll have more on that just ahead. breaking news on the deadly benghazi terror attack. from 9/11 of last year after

reports that the administration is blocking some of the survivors of that attack from testifying before congress or even speaking meaningfully with their lawyers. fox news has learned that at least four officials from state and cia have retained lawyers or are in the process of doing so as they prepare to reveal some sensitive information about the attack on our consulate in benghazi to our congress they want to reveal it, but they claim they've been sta stymied d are threatened not to do so. our own ed henry asked the president about it during the news conference this morning. >> people in your own state department say they've been blocked from coming forward, that they survived the terror attack, and they want to tell their story. will you help them come forward and say their story once and for all. >> i'm not familiar with the notion that anybody has been

blocked from testifying, so what i'll do is i'll find out what exactly you're referring to. >> they've hired an attorney because they say they've been blocked from coming forward. >> i'm not familiar with it. >> the host of power play on foxnews.com live. chris, the question is whether that's plausible, that the president or the state department has been asked about this. darrell is isa sent two letters complaining that the whistle blowers needed a process by which they could reveal classified information to their attorneys in advance of these congressional here's. here we sit on april 30th and the president is saying i'm not familiar. is that plausible? >> well, let me put it this way, megyn. the president knew he would call on ed henry first, and he had a little patter at the beginning about ed. he also knows that ed is a pitbull and he knows that this is the story that we were on yesterday. this is what we were talking

about yesterday, special report was all over this. ed henry was all over this yesterday. so if jay carney or somebody at the white house didn't tell the president hey, the guy you're going to call on first, this is what he's been reporting on and this is what his network -- this is the news his network is breaking, if they didn't do that, it would seem they rather disserved the commander-in-chief, wouldn't it? >> so the logical outcome is what, that his team thought it was better for the president to come out and say i have no idea what you're talking about than to actually offer a substantive answer on whether his state department is, as lawyers are now charging, threatening its employees that they better not push any further testimony or testimonials about benghazi or else? >> well, this has been the longstanding approach of this administration to what happened in that terrorist attack in benghazi. it's been to marginalize the story and those who ask questions about it, to treat it as an oddity, like well, isn't

that quaint of you to ask that question or what an unusual thing to ask about that. yes, these americans were killed. yes, it was on september 11th. yes, we said it was spontaneous and then it wasn't, but why are you consumed with these petty items. the president was dismissive of it as to say this is a thing of such small consideration that i don't even know about it, what you're talking about. that's the advantage of being the fox newschannel is that we get to keep asking and because so many millions of americans watch this network, we get to keep doing what we do. that's kind of cool. >> well, it's one thing, though, it's great to ask. it would be much better to have an answer, and it's one thing for the president, right, to stand up and say i don't know what you're talking about, you little ed henry. i have no idea really who you are or what you're asking me, but it's quite another for the state department that was the recipient of those two issa letters saying here's the deal, folks. there are reportedly state department officials and cia officials who want to talk, but their lawyer has come out, at

least one of them has a lawyer, and said they can't even talk to me fully because they say look, i have to reveal classified info about what happened in benghazi. i want to, but state won't set up a process which is normally would for me to talk to my lawyer about the classified info in advance to talking to congress, and darrell issa about classified info. i want to show the viewers this isn't just about the president at a press conference. here's the state department spokesman yesterday followed by one of the state whistleblowers, one of the lawyers representing a state whistleblower on america's newsroom this morning. watch. >> i'm not aware of private counsel seeking security clearances or anything of that regard. i'm not aware of whistleblowers one way or another. >> they've had two letters from chairman issa, one on april 16th, the other on april 26th that specifically say we want you to provide a process for clearing a lawyer to receive classified information. how can they possibly get up there and just lie to the press corps and they don't do much

about what the facts are when it's in print? >> you heard that state department spokesman. i am not aware of private counsel seeking security clearances or anything in that regard, not even aware of whistleblowers. what's going on here? >> when you start stonewalling, that's the problem. you have to keep stonewalling. if you say we're not going to answer that, we're not talking about that, we're going to say that this is just fox news talking about this, try to marginalize the story. if you can't kill it, if you can't make it go away, sooner or later it's all going to add up. i will guarantee you this. when these house republicans get after this subject and we've heard from trey gowdy and others in the house about this. when they get after this and start swearing people under oath and start going on this, the stonewall will crack and it will get real difficult and you're going to see people in the state department and other places say i'm ready to tell the tale, i don't care whether i've got a lawyer or not. >> these are career, we're told career state department officials. these are not folks that change with the parties of, you know,

who's in the white house. they're career officials who want to say what they think is the truth and what their lawyer said this morning will contradict the state department's own review they put out on this. yet so far they can't do it. chris, thank you. we'll have much more on this in our next hour as we go in depth on what is going on and why we cannot hear from these employees who just want to tell us their perspective. plus, we are tracking a nightmare situation for a mother and father today after a trip to the er with their little baby ends with the police taking away their child. they join us live to walk us through the saga of how a sick baby led to this confrontation with cops in which they grabbed the child out of the parents' arms inside their home. you will not believe. in the wake of the boston marathon, attorney general eric holder said his department is on the lookout for retaliation against muslims. one line to denounce the actual terrorist attack, the rest of the speech devoted to the

retaliation issue. michelle malkin is next. >> let us resolve once more to help our fellow citizens to meet fear with reason, so says the irrational eric holder. fear with reason. i say this, holder. how about you meet terrorism with force? different today. different today. money has to last longer. i don't want to pour over pie charts all day. i want to travel, and i want the income to do it. ishares incomes etfs. low cost and diversified. find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. 8% every 10 years.age 40, we can start losing muscle -- wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb

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mor attorney general eric hr speaking to the anti-defamation league yesterday offering a brief condemnation of the boston terror attacks and most of his speech warning against any retaliation on muslims. >> our investigation into the matter remains ongoing. i want to assure you and all americans that my colleagues and i are determined to hold accountable to the fullest extent of the law all of those who were responsible for this attack. i also want to make clear as we

will pursue relentlessly anyone who would target our people or attempt to terrorize our city, the justice department is firmly committed to protect innocent people. we must not allow any group to be stigmatized or alienated. we must reaffirm every day through our actions as well as our approach that justice and public safety are not intentions. they rely upon one another. let us all resolve once more to help our fellow citizens to meet fear with reason. this is how we will honor the victims of the boston marathon bombings. let us strive to confront ignorance with information. this is how we will strengthen the american family. and let us promote understanding, encourage open dialogue, and divert suspicious or prejudice gazes with outstretched hands.

>> megyn: michelle malkin is a columnist and a fox news contributor. so i have the relevant excerpt of the speech in front of me. this is the part where he condemned what happened in boston and said they'll go after the attackers and this, all the ref of it, is devoted to,000 he's not going to stand for retaliation against muslims. your thoughts, michelle. >> well, i wholeheartedly agree with the sound bite you played before the break of mark levin just expressing not only disgust but befuddlement at the warped priorities not only of eric holder but this entire administration and in the sound bite that you just played, you saw how quickly the but came after his supposedly resolved statement about going after those who are responsible for those heinous, heinous jihadi

crimes. we've seen this statement from eric holder before, the pandering to the politically correct graffiti's mom. i've noted these same kind of speeches after the jihadi attack in arkansas in little rock in 2009. what is the first instinct of the justice department after that event? no, not to name jihad, islamic jihad as the enemy and threat to public safety in america, but no, no, no. he talked about these phantom threats of hate crime epidemics that have never happened. he did the same thing after the fort hood attack which, of course, they still treat explicitly as quote, unquote, workplace violence, and now this. it really, of course, goes against the whole idea after the boston marathon bombings that they paid lip service to of

telling people to say something if they see something, you know. that's the big lie, of course, as so much of the progressive left. they don't want you to say anything about these islamic jihadi threat if it can be remotely construed as a quote unquote hate crime as homophobe homophobeic or racist or whatever. >> as far as i can tell, it hasn't been a dominant theme of the past two weeks. of course, you'll have some talk on some far crazy websites of that kind of thing, but if there was some epidemic of retaliation against muslims in the wake of what we saw two weeks ago, okay. but there hasn't been. so levin's point was he seems to be drawing some moral qif lens s between terrorist attacks on our country and ignorance when it comes to muslims. yet, there's cold, hard evidence of one and very little of the

other at least in reaction to the boston marathon bombings. >> exactly on point, megyn. i said this after 9/11, too. of course, you really see hatred when you point out inconvenient truths. the fact is that many of these grievance groups, whether it's care or the american arab anti-discrimination committee, a lot of these groups, of course, that are very tight with the justice department have claimed that there is this climate of intolerance towards muslims, and they're always rushing to find with their m micro scopes and magnifying glasses some sort of evidence of systemic discrimination against muslims when, in fact, this administration should be praising america for showing the kind of fairmindedness and restraint in response to these terrorist attacks that you never see from the jihadis or the

apollogiss themselves. >> megyn: there was a lot of talk about ignorance and hate by regular americans that he's ready to stop if it happens. michelle malkin. thank you. >> you bet. take care. >> megyn: up next, breaking news from the murder trial of an abortion doctor. >

>> megyn: fox news alert. the associated press reporting moments ago that the jury has now begun its deliberations in the murder trial of a philadelphia doctor accused of killing at least four babies who survived his attempts at abortion in his clinic. kermit gosnell is facing the death penalty if he is convicted. the case against him focuses on whether these infants were actually born alive and then

killed or terminated in utero. the horrifying details surfacing at his trial are now raising new questions about regulations at abortion clinics nationwide. molly henneberg has the story live from washington. >> reporter: yes, megyn. fox can confirm what you just said, that yes, the jury does indeed have the case. now the waiting game begins for their verdict. as far as the regulations, kermit gosnell's abortion clinic is not the only one that has gotten authorities' attention. over the past three years, 15 states have started investigations into clinics. the allegations and in some cases charges range from uncierrunsanitary conditions toe medical practices to deaths of women coming to get abortions. prolife groups say their efforts to regulate abortion clinics are often met with resistance. >> even when there are laws on the books, they have to be enforced. what we find is that women's health has been so politicized in this country today that you can't do anything that

approaches inspections of abortions or any kind of oversight without seeing a massive political pushback from the abortion industry. >> reporter: as for pro choice groups, the president of nara pro choice america said she supports regulations that make abortions safe but not regulations that are meant to be onerous. regarding the gosnell trial, they said, quote, if the allegations are proven true. this guy was operating illegally by every state books, by the federal law. he was not operating legally. the thing that has allowed the people like dr. gosnell to continue is unnecessary restrictions on women going to the safe clinics with reputable medical care. kermit gosnell's clinic had not been inspected by the state of pennsylvania for 17 years. according to the grand jury report, it's because the state under a pro choice then governor republican tom ridge, decided that inspections would put up a, quote, barrier to women seeking abortions. megyn?

>> megyn: unbelievable. all right, molly. thank you. we'll watch. we're on verdict watch as the jury officially has the case and this is a case that has been watched by so many with such passion on both sides of the issue, although i must tell you. even those who favor choice or abortion under limited circumstances have cast a very skeptical eye on this dr. gosnell. upcoming, a nightmare scenario for two parents after a trip to the emergency room for their young son who has a heart condition ends with their baby being taken away by police. you will not believe how this happened to them, and an update in their strange saga today. they are coming in live, so you'll meet the parents. wait until you see their in-home video of the police grabbing their baby. a major milestone today in the george zimmerman trial as we hear from the man himself. we'll take a look at what happened in the courtroom today and whether he just gave up a key part of his defense in

kellyies court. plus, president obama today saying he has options on dealing with syria if the united states can confirm the suspected use of chemical weapons. ralph peters is next on what those options might be and just how risky they are.

>> the use of chemical weapons would be a game changer, not

simply for the united states but for the international community. by game changer i mean that we would have to rethink the range of options that are available to us. >> megyn: that was president obama earlier this morning answering some tough questions on the crisis in syria. earlier he had said that the chemical use -- that the use of chemical weapons would be a red line for america. today he said he would be considering options in response to these reports that they have been used in syria, although we don't know, he says, exactly by whom or to what extent. all this comes as we get a new look at the human toll the fighting has taken on the syrian people. this picture said to have just been taken last thursday. look at that terrible picture. it shows a wounded man cradling a little boy after an air raid in the country's north. you can see the two of them covered in dust and blood. ralph peters is a fox news strategic analyst and author of

the book, quot hell or richmond. it's so hard. you look at what's happening over there, 70,000 dead, 6.8 million reportedly displaced, you know, lost their homes trying to get out of syria or what have you, and now reports that chemical weapons were indeed used, sarin gas which president obama said would be a red line, but now we say we need more proof, and yet 62% of the american people say they don't think we have responsibility to intervene. i know you've had evolving feelings on it. where do you stand now? >> well, my feelings have definitely shifted, megyn. you and i discussed years ago that i thought judicious measured support for the rebels in the first year of the conflict would have made sense because sa assad's regime is horrible. at that point the insurgency was moderate and with tolerance within the ranks, but strategy isn't only about doing the right

thing. it's about doing the right thing at the right time. if you do what looks like the right thing at the wrong time, you can make things far worse. i'm concerned now that whichever way obama goes,n having painted himself into a corner, the outcome is bad and worse. what i mean by that is simply this. this war which has real humanitarian issues at stake, nonetheless has turned into a proxy war between arabs, arabs against arabs in syria, the qataris fighting the factions closest to the muslim brotherhood. while i'm concerned about the humanitarian situation, i look at this and in the cold light of real politics, i have to ask myself at this point, what is so bad about assad's thugs and jihadi thugs killing each other? >> megyn: i understand what you're trying to say because it was one thing when we saw the pictures of the little girl and

the middle of the rubble and she was asked, you know, who did this? she said it was assad. we saw what he was doing. we've read so many news reports. there she is. we've read so many news reports of assad's forces literally going door to door and lining up children and executing them in front of their parents or executing their parents in front of them. this man is -- i don't even know what the word is, a monster. yet the question is if we step in to help him at this point, who are we helping? the "new york times" has a big article today talking about this bomb in da mas damascus that ki, and they're talking about, you know, what is going on in syria and how more and more these bombs are being attributed to groups in the rebels that have pledged legionence to al-qaeda. is that who we help? >> well, in the first year again it was clear. the insurgents were the good guys. assad was the bad guy. because we did nothing when we could have done something effective and economical, the

jihadis of various stripes and factions have gained the military upper hand among the insurgents. now, they still do not have the political upper hand, but megyn, as you know very well from all the work you've done over the years, when the regime falls, the guys with the guns rule. my concern here is that we're going to do something naive and precipitous at the last minute and it will wind up like afghanistan in the '80s where we were so focused on getting the russians. i was part of that. i was in military intelligence in those days. we wanted to get the russians so badly we ended up arming jihadi faction, gave birth to al-qaeda that are killing our troops today. on a moral level, i'm torn. you want to clearly stop the killing. on a prac practical level, i wao know how we do it without u.s. boots on the ground. we go back to this. who do you want to win at this point? i don't want the jihadis in

damascus. i think frankly the obama administration has handled this so badly that it makes bill clinton's reaction to the ra wanda genocide look better. this has been going on for over two years as president ham let obama asks himself to be or not to be. he cannot make a decision in a timely manner. a late decision kills americans. >> megyn: it's like there's no one left to root for over there in terms of the fighting forces. obviously we're all rooting for the innocent civilians. even today they're talking about okay, this rebel group, part of the rebels have pledged allegiance to al-qaeda, but the other rebels, many of whom we were told were regular people, you know, like doctors and lawyers who decided to rebel against assad, now they're left, ralph, to sit and complain and say those al-qaeda folks are taking over our moment. they only came in late in the

game. please remember us. the problem for the united states is we capture divide, you know, the al-qaeda people from the doctors and the lawyers and say okay, we'll help you but not the others. if assad falls, as you point out, the guys with the guns will ascend to power. >> right. frankly, our government doesn't have the sophistication to choose, arm, train, back the right factions in a situation that's grown so terribly complex. again, on one side we have assad backed now by hezbollah fighters in syria. on the other hand you have the various jihadi stripes including al-qaeda types, and my god, the average syrian is caught in between. decent people are dying every day, but then you get to the question, and i'm racking myself over these questions. i want a moral stance for our country, but these are arabs slaughtering arabs with both sides funded by arab states and iran which is not arab, and at what point do we really have

responsibility when these muslims who preach peace and love and how wonderful islam is are dedicating every energy they have to slaughtering each other? >> megyn: pictures of the kids. >> heartbreaking. > >> megyn: just terrible. ralph, thank you. >> thank you, megyn. >> megyn: we have a stunning new piece of research on the muslim faith as thousands of folks in dozens of countries weigh in on everything from law to suicide bombings. we'll give you the results of those just ahead. plus a nightmare for a mother and father after they take their baby to the hospital and then their baby gets taken away by police when they show up at the home to raid it and grab the child out of the parents' arms. we've got the video tape of that. up next, the patients are here -- the parents are here, live. ks tdd# 1-800-345-2550 with the lowest operating expenses tdd# 1-800-345-2550 in their respective lipper categories -- tdd# 1-800-345-2550 lower than ishares tdd# 1-800-345-2550 and vanguard. tdd# 1-800-345-2550

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>> megyn: a developing story out of california where a couple says their 5-month-old baby was taken away from them because of a single complaint from a doctor after they went looking for a second opinion. trace gallagher has the story live in la. trace? >> because 5-month-old sammy nikolayev has a heart murmur, they've taken him to the hospital several times, right. this time he had signs of the flu so they took him back to sutter. when the nurse gave him the wrong medicine and after another doctor said that sammy needed emergency surgery, alex and anna nikolayev wanted a second opinion without getting proper discharge forms from sutter.

they took sammy to kaiser permanente for a second opinion. the doctor cleared him to go home, giving him a note saying he was good to go home with the parents. police showed up at kaiser after doctors at sutter notified them. when police saw that kaiser's doctors evaluated sammy, they left. the next day police and cps show up after the nikolayevs' house. the husband goes outside, and the police push him to the ground, take his house keys around then enter the house without a warrant. the mom began rolling a video tape of the whole thing and as soon as we get that, we'll play it for you in full. this is a picture of that, the police coming in the house and taking sammy out of her arms and then walking out. now, anna says they told her they took the baby because of severe neglect. we called child protective services. they did not give us a comment back, but after a hearing yesterday, child protective services withdrew its petition to detain sammy.

the judge ordered sammy to a different hospital for evaluation, and the parents are now back in control of his medical care, but the couple's lawyer says the authorities overstepped their bounds. we contacted dr. manny alvarez, and he said this is now becoming a knee jerk reaction. listen. >> anybody in the hospital has the right to call child protective services if they deem this child is being abused, neglected, or whatever, so unfortunately that is a mechanism that is used very frequently because they don't want any liability. >> reporter: just so you know, sammy does have to have that heart surgery. he's now getting prepped for that, megyn. the parents were never against the heart surgery. they simply wanted a second opinion. megyn? >> megyn: it's an incredible story, trace. thank you. gymnastijoining me live on the , attorney robert powell. the parents are here, and

welcome to you all. this is incredible to me. i understand after your baby was taken away from you by division of child and family services you had a court hearing yesterday and now there's been a modification. things have been righted somewhat giving you control back over the medical decisions over your child, and allowing you, the custody and allowing you to see him whenever you wish, and yet child protective services is going to continue to regularly monitor the case and make regular house visits. let me start with you on this, anna. why? why do they get to check up on you at all in the wake of all this? >> i don't know. i guess they still think we're bad parents or still think that we did something wrong, and i think this is not okay. they broke into our private lives. they broke our life, broke the peace with us, and now they still want to control our life. >> megyn: i can't imagine how indignant it would be to have child protective services come monitor you as new parents,

loving parents by all accounts of this 5-month-old baby just because it appears they messed up. they reported you as severe risks when the hospitals were saying no, they aren't. what are you talking about, alex? >> well, as you can see, i mean, they didn't have a good track record, and i think they just do whatever they can. >> megyn: how did this happen, joe? i mean, you're the lawyer representing them on this. they had the baby. they had the little baby in the one hospital, sutter. they didn't like the way the nurse treated him. she gave him the wrong drugs. they didn't like the fact that the doctor who was treating him wanted to rush him to surgery and wanted a second opinion. so against medical advice they take him out, and where did they take him? to another hospital. how did that turn into anything that resembled alleged child neglect? >> it's no not like they went he and sat around. it's the ultimate question.

they winter to another hospital because they weren't happy with the first doctor. they did what every parent should. before anybody operates on my son or daughter and does heart surgery, i'm going to get an opinion from someone else, especially someone i don't have an antagonistic relationship with. >> is it true the court ruled on monday these parents must follow all medical advice from now on? >> all reasonable medical advice. they certainly have input, and we have the opportunity to discuss it and evaluate it and make our own informed opinions. >> megyn: very good as any parent would. there's a presumption in the law that parents are best suited to look after their children, that they care more about the child's best interest than anyone. alex, take me back to the day the cops showed up at your home. tell me how they went about taking your son. >> well, you guys got the story wrong. my wife calls me and tells me my cops are breaking the door. they were knocking on the door, so i get there as soon as possible.

as i'm walking towards the house, i see an officer hiding behind the building, so i approached him, and i asked him if there was a problem, if they had a warrant. the next thing you know, i'm basically being pushed and dropped to the ground and the officer screams out i think i got the keys to the house, so they place me under arrest, i assume, because they told me we'll take you downtown, and as soon as they put cuffs on me, they pulled my keys out without my permission, tried to enter the house. they waited and an officer came up to me, asked me if he could call my wife, basically. i told him the number, and he said tell your wife to open the door. i told my wife, anna, call 9-1-1. he said hold on, alex. we are 9-1-1. i said no, anna. call 9-1-1. there's a recording that they cannot basically lie.

and so he just shut the cell phone off. he said what are you doing, you know? i asked him do you guys have a warrant? >> megyn: they said they did. i want to take this up after the break. my apologies. we have a commercial break coming up. i want to ask anna what it's like to have supervised visits

>> megyn: anna. for the past four days you were forced to go visit your 5-month-old beautiful baby boy in the hospital only given an hour a day, i'm told, to visit him, an hour or two hours a day. what was that like for you? >> it's like going to prison and

visiting my son in a prison. it's like you go with a supervisor. you've been in the room, you're being watched, your back is being watched. you need to be careful how you pick up your son, what you say to your son. the supervisor was sitting there making phone calls, making appointments with other people. that to me was ridiculous. this is the hour we can spend with our son, and she just made appointments and interrupted our time and it was not okay to us. >> megyn: joe, is this on the police or is this on division of child and family services, or is this on the doctor at sutter hospital who first reported these parents as some sort of a neglect threat? >> i think it's on all of them. this is nothing more than an incredible rush to justice. this is the system grinding individuals down. in this instance, we have lies and misreceptions and covering

up -- misrepresentations and covering up. >> megyn: lawsuit coming? >> absolutely. >> megyn: not surprised. listen. thank you for coming on and telling your story. i'm glad that you now, thanks to this order yesterday, have control over your sun an son ann see him whenever you need to and have custody of him when he needs you the most. the best to all of you. >> thank you very much. >> megyn: incredible story. up next, judge napolitano here on the possible fallout after the fbi pays a new visit to the wife of the deceased boston bombing suspect and look at the bags of evidence they took out of her house, and we're also told they took something else. that's next. [ male announcer ] this is betsy. her long day of pick ups and drop offs begins with arthritis pain... and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪

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>> megyn: fox news alert. more than two weeks after the deadly boston marathon bombing that claimed the lives of three innocent people, the fbi is taking a closer look at the widow of now deceased bombing suspect tamerlan tsarnaev and collecting new evidence. a brand new hour of america live. welcome, everyone. i'm megyn kelly. you'll see it on tape for yourself in main. fox news have confirmed that tests of some of the bomb components turned up female dna. even before we confirmed it, the fbi yesterday spent several hours searching the home where katherine russell tsarnaeva has been living in rhode island. look at the evidence they're

taking out of the house. you can see if you watch the video for a while, it was substantial, bags and bags of it. they also took something else, a dna sample. we're told it was to compare that to what was found on the bomb fragments. this as her brother-in-law, dzhokhar tsarnaev, gets a huge boost to his defense team, a high profile lawyer helping him to avoid the death penalty. judge andrew napolitano is our fox senior news analyst. let's start with the wife. dna on the bomb component doesn't really tell us much. >> no. it could be a clerk in the store. it could have been something she innocently handled in her kitchen before her husband took it and turned a cooking you 10 tensile into an instrument of terror. >> megyn: even if it matches, it doesn't tell us much. >> correct. the statute requires intention. they can tell a lot about dna. >> megyn: what if her dna is on

the explosive material? i mean, that would be something. if there was some remnant of a fire cracker, something that's a little less -- >> that would probable cause them to arrest her at that point. remember, they cannot only tell it was hers, they can tell how long it was there, so they can -- if they have a time line from the time this thing was purchased until the time it exploded and they can tie her into somewhere along the time line, there's an innocent part of the time line, perhaps when it was used to cook pot roast, and there's a criminal part of the time line when they started to turn it into a bomb. it depends on where they can pinpoint her in the time line. >> megyn: what does it tell you when they show up at the house, walk out with bags of evidence and reportedly taking the dna sample of her at the house. does that tell us anything about her cooperation? >> it tells us a couple things. it tells us they're concerned with their own perception because they alerted the media before they went to the house, and they're getting very bad -- there's criticism, valid criticisms, so they're trying to

make themselves look a little better. they wouldn't go through the house for nothing, just for image. it's costly and they need a legal basis on which to do it. they have some basis for wanting to get all that information. the swab, they take a q tip and put it on the inside of your mouth. that's the easiest, least offensive way to get a dna sample. they may very well have said we'll come to you and we'll take it. you don' don't have to come to downtown boston from rhode island. >> megyn: she could be cooperating. we don't know if this is with her consent or pursuant to a warrant. >> her lawyer stated yesterday she was cooperating. you're right. if they got a warrant for her dna, we might not know that until they make the warrant public. they could have the warrant and we wouldn't know it. >> megyn: that would tell us a little bit about whether she was cooperating. i want to talk about the so-called dream lawyer who has been added to tamerlan tsarnaev's defense team. >> her background. >> megyn: the strength of the team that's going to be defending him. so who is this woman? i'm looking for her name. clark. no, no. hold on a second.

yeah. yeah. judy. >> well, she is a federal public defender who is a star of the federal public defender corps in the united states of america, and the federal public defenders will dispatch her to their highest profile death penalty cases where she specializes in getting people whom the government says are monsters life terms in jail rather than execution. i say whom the government says are monsters because her track record is to negotiate a plea, so typically she would probably say you can talk to dzhokhar tsarnaev until the cows come home in return for accepting a guilty plea and a life sentence. that would mean no trial and a lot of evidence we'll never know about because the evidence of dzhokhar will be in private. we'll only know what the fbi wants us to know. > >> megyn: this is according to fox.com report citing the associated press. she has, quote, an ability to relate to people who are charged with these ho horrific crimes ad

to humanize them. that's her key skill. susan smith, the woman who drowned her children, jared loughner who shot gab gee giffords -- gabi giffords. >> she can hope for no jury trial but a guilty plea where he spills his guts for weeks and months until the fbi is satisfied he's been honest and they've learned everything they want from him in return for which there will be no death penalty and he'll be sentenced to florence, colorado, solitary confinement 250 feet below the surface of the earth for the rest of his life. that's probably what she's going for. his next door neighbor will be some of the people you just talked about. >> megyn: that's the best case scenario. >> yes. >> megyn: the other lawyer is meream conrad. she's somebody who wan went to harvard law school, judges respect her, not his tree onic,

fierce advocate. she's done a lot of death penalty cases. >> it's an interesting team, megyn. judy is the negotiator. miriam is the tiger in the courtroom. federal prosecutors know she'll give them a run for their money if they have to get into court, whether it's a motion to suppress evidence or for an actual jury trial. >> megyn: the federal public defender, miriam, is quoted as saying if you scratch the surface, many clients have had difficult lives. i see them as a whole, not just as a person charged with a crime. there are people who do this for a living, defending the worst of the worst. >> if we read into that, she'll blame it on the dead brother and his svengali type control over the brother. >> megyn: where else will they go? >> there's no way this case will be tried in boston, but a federal jury somewhere. >> megyn: where else will they go with the evidence they reportedly have. >> the plea deal is their only

hope. >> megyn: we'll see if that's where they go. we heard the family received assistance while they're in the united states. today we're getting new reporting on just how much. the boston herald reporting the family pulled in more than $100,000 in taxpayer-funded benefits. those benefits reportedly included food stamps, section 8 housing assistance, and even some sort of cash payments over the last decade, yet the mother has expressed her hatred for america and how bad it was for her family. details of the benefits listed within more than 500 documents that were handed over from the massachusetts welfare officials to a committee of state lawmakers who are investigating the extent to which the state and the feds helped this family before the authorities say they tried to blow us up. the horrifying crime may have taken a shocking new turn with a report from the modesto bee that police now believe the suspect who stabbed to death lela flower intended to attack the 8-year-old girl and the

killing did not stem from a botched robbery. that crime setting off a massive manhunt, putting an entire community on edge. a terrible story. claudia cowan has the latest from san francisco. >> reporter: megyn, i got off the phone with a neighbor who lives three doors down from where the child was stabbed to death on saturday. sheriff's patrols are still cruising the neighborhood but he'd like more specifics about how the investigation is going. detectives will only say they're analyzing fi fingerprints and da evidence found inside the home and hope to have the test results back by next week. they're contacting registered sex offenders and pa ro paroleet live in the community. there are no suspects. according to published reports, the fatal attack does not appear to have stemmed from a botched robbery or crime gone wrong, suggestinghe child, who you see here, was specifically targeted by an unknown intruder. who would want to hurt this personable and popular third grader and why remains a

mystery. >> just a cute little innocent girl, you know. it's unbelievable that someone could go in and do that. >> it's just unbelievable, really. i don't understand the craziness of it all. >> reporter: beefed up patrols continue to provide added security at her elementary school. at a lake shift memorial, students and strangers alike are leaving tokens and memorials to support her crestfallen family. it was thought that the parents would make a statement after the sheriff gave a brief update and officially introduced them, but they were too overwhelmed with grief to say anything. they may speak tonight at a candlelight vigil which will be held at her school. there is some speculation the fowlers might make a personal plea for the killer to turn himself in. megyn? >> megyn: claudia, thank you. some research released just an hour ago offering perhaps the

most sweeping look at the muslim faith we've ever seen. according to pew research. we'll look at the survey and discussion in this -- discuss in this age of concern about radical islam, what do the faithfufaithful think about the, their leaders, and the issue of terror. we're getting exclusive new details on the benghazi investigation as we learn from someone who was there that the military could have helped despite all of the claims we have heard to the contrary. you'll see that next. and a major milestone in the george zimmerman trial. we'll look at what went down in the courtroom today and whether george zimmerman has just sacrificed a key part of his defense in kelly's court. >> do you consent to counsels decision to not file a pretrial immunity motion? and do you consent to counsels not requesting a pretrial immunity hearing? >> yes.

fox news is hearing exclusively from special opposite sources that the white house version of what happened in benghazi last september 11th is flawed. our own adam housley spoke to someone who was at the compound in benghazi, libya as the attack was happening. his story contradicts the obama administration's claim that there was no way help could have gotten there in time to save lives that night. adam housley joins us live from los angeles with more. adam? >> reporter: megyn, actually the story contradicts three time lines. if you look at them all, most recently it's the state department and a lot of different accounts out there. we talked to a lot of sources over the last five and a half months, many of them afraid to come forward, some telling me directly they were threatened. this man is the first one to take the chance to step forward and say something needs to be done. >> i know for a fact that c-110 was doing a training exercise in the region of northern africa

and has the ability to react and respond. >> reporter: in laymen's terms, a 40-man special operations force capable of rapid response and deployment specifically trained for incidents like the attack in benghazi. that night they were training in croatia three and a half hours away. >> we have the ability to load out and fly there. c-10 had the ability to be there, in my opinion, from four to six hours from their european theater and react. >> they would have been there before the second attack. >> they would have been there before the second attack. they would have been there at a minimum to provide a quick reaction force that could fault their x-fil out of the problem situation. nobody knew how it was going to develop. you hear people and advisors say we wouldn't have sent them there because the security was unknown

situation. in if it's an unknown situation, you send forces to facilitate the injuries. they could have provided medical evacuation for the injured. >> reporter: here's a closer look for you at home. you can see the benghazi diplomatic compound. as we pull out, you have a view of the region. we were told there weres in croatia, spain, and tripoli. they could have been there between an hour and four and a half hours. the attack began at 9:00 at night. the final attack wasn't until 4:00 the next morning. talking about seven hours difference there. we know the team in croatia, the official response has been, megyn, they couldn't have made it in time. i'm told otherwise again by this source, that they were told to land in italy which again has them questioning why that happened and why they didn't fly straight to benghazi. megyn, more on our special report coming up later t today n special report, more information including the hunt for those responsible. megyn? >> megyn: adam, thank you.

the obama administration facing allegations that potential witnesses in the benghazi investigation are being intimidated into silence. at least four employees at the state department and the cia are hiring attorneys, we are told. one of those attorneys telling fox news the potential whistleblowers are being made aware that their careers will be over if they go ahead and talk. we have an attorney who specializes in representing whistleblousier. he's had a lot of cia clients and others. mark, thanks for being here. victovictoria was talking abouta state department employee and saying that person wants to talk about what this person, he or she, says really happened in benghazi on september 11th of last year. not only can this person not get security cleerntion t clearanceo congressman issa, she can't get security clearance, the lawyer, claiming it's classified and they won't give her the property

security clearances. she claims that's a violation of law. what say you? >> great to be here, megyn. there's a few issues with that. for one, any federal employee has the right to go to their own member of congress as well as the oversight committees and turn over information. now, if it's classified, they have to be able to speak to those who have the proper clearances, so congressman issa, of course, has a standing member or sitting member of congress, but his staff might not. some do. the intel oversight committees, of course, do. that's a separate issue with respect to lawyers like myself, and i deal with dash in fact, the last 24 hours, i've dealt with the same issue that victoria is dealing with at the cia, the dia, and the nsa, all of whom will come to play, i'm sure, in this particular case as well. and even though we might have security clearances as both victoria and i do, the agencies make the decision and tell the clients that they're not allowed to speak with us unless they, the agency, gives the a-ok, and

there's no judicial oversight, and there's no legislative oversight to that. we are essentially trapped between a rock and a hard place, that we cannot give or protect our clients, give advice to our clients or protect them even though they want to turn over information to congress. >> megyn: she is so frustrated on behalf of her client and said that the requests had been made to the state department and yet they have turned, you know, a deaf ear to this. i want to play a sound bite for the viewers last hour. they were like who, what, what letters, and victoria talking about the fact that he got at least two letters from darrell issa raising this issue. >> i'm not aware of private councicounsel seeking security clearances. >> they've had two letters from chairman issa, one on april 16th, the other on april 26th that specifically say we want you to provide a process of clearing a lawyer to receive classified information. how can they possibly get up

there and just lie to the press corps and the press corps doesn't do much about what the facts are when it's in print? >> megyn: you handle these cases all the time, mark. what's going on here? >> well, of course, i don't know if this particular public affairs officer knew what they were talking about, but obviously they're going to be embarrassed about it now. this process does not really exist for most of the agencies. the framework that gives individuals access to classified information deals predominantly with employees and contractors. it never really talks about private lawyers. it talks about giving access to those who serve a governmental function and you better believe that the agencies and whatever administration is in power doesn't believe that lawyers like myself and victor wer victe serving a governmental function by serving whistleblowers. they do their bet to impede lawyers from representing their clients which intimidates the clients and makes them incredibly hesitant to go and speak to anybody because they could make a comment and lose their security clearance and

their job. >> megyn: she said explicitly her clients are being threatened. if you speak, you may not be around for much longer not in terms of getting killed but in terms of their jobs. i know you've represented so many people in the intel feel h. how hard is it for a cia agent tor state department employee to come forward with information that's going to contradict the official version of events? >> well, it's very difficult. for one, the intelligence committees, the how select committee and the senate committee frankly don't typically deal with what i'll style as personnel issues. now, you need to have an issue such as benghazi that's much more of a public policy matter that they might take an interest in, and the cia and the other intel agencies will tak take the position that their folks should only go to the intel committees. they're overburdened, so they try to go to their own members of congress. well, most members of congress, especially those outside of washington, dc or who do not serve on an oversight committee, really don't know much about this field of law or area of

jurisdiction. >> megyn: it's easy to shut them down. >> they're hesitant to do anything either. the system is very broken. we need congressional intervention to set a statutory framework. > >> megyn: starting research giving us a window as how muslim faithful look at their leaders. this is america.

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>> megyn: fox news alert. back to our breaking news from last hour. after weeks of graphic testimony, jury deliberations are now underway in the murder trial of philadelphia abortion doctor kermit gosnell. he is accused of killing at least four babies that survived his attempts to abort them and were born alive, only to be killed on the operating table. that is the charge of the prosecution. he is also charged in the 2009 death of an adult patient. shannon bream is live outside of

the courthouse in philadelphia. shannon? >> reporter: well, megyn, as you said, the judge has officially charged the jury, given them the case. the jury is made up of seven women, five men and is ethnically diverse. the prosecution reminded georgia in the -- jurors in the closing argument this is not a case about portion by is legal up to 24 weeks in pennsylvania. it's about babies born alive at the clinic and then killed. the testimony from dozens of wbz for the prosecution over a five week period paints a picture of mayhem and questionable medical practices in gosnell's clinic which the state health department had not inspected in 17 years. one former employee said it would, quote, rain fetuses at the facility. in closing arguments, the attorney told his dog got better treatment at the vet than the women and children gosnell and his staff treated at their clinic. his defense attorney, jack

mcmahon, cited the prosecution calling it elitist and racist and said there's zero scientific evidence, emotion aside, that any of the babies were ever born alive at the clinic. the defense, as you know, did not put on a single witness of his own. we asked him how his client was feeling after the closing arguments on late monday. >> i don't want to talk about it. i'm sure anybody, any human being facing this type of situation is going to be apprehensive and nervous. i don't think he'll be any different. >> reporter: if convicted of any of those 4 first degree murder charges, megyn, he'll face the death penalty. now we wait. >> megyn: all right, shannon. thank you. we're seeing a powerful new piece of research today that spans four years and 39 countries and gives us a sweeping new look at the muslim faith. that is right after the break. plus, a major milestone in the george zimmerman trial as we hear from the man himself for the first time in months at a key hearing today, and the question now emerges based on what we saw happen today whether

he just gave up a key part of his defense. kelly's court takes up the case. >> is it your decision not to have a pretrial immunity hearing? >> after consultation with my counsel, yes, you your honor. >> has anyone promised you anything to get you to make this decision? >> no, your honor. >> has anybody threatened you? >> no, your honor. whether you're an allstate customer or not. all you have to do is call. [ female announcer ] call and sign up for good hands roadside assistance today. [ dennis ] are you in good hands? as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption.

>> megyn: just about two hours ago the pew research center released a huge study that covers four years and 39 countries and offers more than 150 pages of data on the muslim faith on how muslims see their leaders, their laws, and how dramatically that can change from place to place. religion correspondent lauren bream got a chance to look at the document. >> reporter: opinions vary from country to country, but for the most part, the billion mutt limbs around the world -- muslims around the world, they see their religion as one true faith and believe teaching should shape lines and policy according to the pew survey. a large majority in any muss mum country favor making sharia the muslim law. >> sport for sharia -- support sporsupport for vi sharia varieg

groups, but one of the factors that seems to be associated with support for sharia is the presence or existence of laws, constitutions that favor islam. >> reporter: when asked about suicide bombings or other kinds of violence to defend islam, 8% of america's muslims said it was often or sometimes justified whereas in primarily muslim countries, a substantial minority of muslims sometimes favor such acts. for instance, in benghazi la daesch, 26%, in egypt, 29%. 39% in afghanistan and 40% in palestinian territories. >> overall there's a might not f u.s. muslims is clearly opposed to violence in their faith. there's a small minority saying at least sometimes such violence is justified, and even if it's 1%, when you talk about absolute numbers or the risk that even one individual can pose, that's potentially a source of concern.

> >> reporter: the survey may be noted for what it does not contain. it does not include muslims living in saudi arabia, syria, iran, or india. the reasons? well, it had to do with political tensions or security concerns. megyn. >> megyn: lauren, thank you. we're bringing in our panel. the president of the foundation for the defense of democracy, cliff may. a fox news contributor, and a michael ruben. panel, welcome to you all. fascinating. pew did a lot of research to try to figure out what most muslims believe, and in particular, how they feel about issues of other faiths, of sharia law, and of suicide bombings as you heard lauren report. cliff, let me start with you. what's your takeaway from what we heard? >> i would say, megyn, in a nutshell, it's not encouraging. it's distressing to see how much

support there is for fundamentalism and for extremism, the kind of thing where if an individual decides to convert and leave islam that he should get the death penalty for that. the upside i would say is that you see very different numbers in different parts of the world and in different countries. albanians in coas vo kosovo, ith more moderate. when we talk about the muslim world, we should be careful and differentiate in our views and our policies, but we should be concerned. moderate muslims should be concerned and we should be concerned. there's tide of extremism and fundamentalism in much of the so-called muslim world. >> you know, julie, when i look at the overall survey, it speaks to sort of a lot of moderate muslims in large part, and then there's always the exceptions like when you go to countries like afghanistan and iraq, the numbers are not good in terms of those who support suicide or stoning as punishment for adultery or the death penalty for leaving islam.

not so good. overall, they seem to conclude that at least half of muslims are concerned about religious extremist groups in their country. in most countries, majorities of muslims are against honor killings which have gotten some publicity, and so it's difficult to sort of put one label on an entire faith. >> yeah. by sheer coincidence, i just came back from turkey. i spent about ten days in turkey over the last ten days, i just got back. you go to a country like turkey which is secular despite the fact that 99% of the people there are muslim, and you would never see those kinds of attitudes in turkey because it's a very westernized secularized country. i want to echo the comments that were just made which is we really can't gentleize about muslims overall, the so called general muslim because it various. it's troubling to me from a associatsocio logical perspectie two countries we went in to bring democracy, and they're

among the two highest in terms of fundamentalism. if democracy is what we want, the people in the poll clearly has spoken and what they want is not necessarily in line with what we perceive to be dem democratic or westernized ideals. > >> megyn: according to the survey, is suicide bombing justified, attacks in particular, and in afghanistan, 39% said yeah, they are. in the palestinian territories, 40% said yes, even in egypt, 29% said yes. then back to afghanistan. should you get the death penalty for leaving islam? among those who believe in sharia law, 79% in afghanistan said yeah, you get the death penalty for leaving islam. in pakistan, it was 76%. in egypt, those who want sharia law 86% said,and in jordan, 82%.

those numbers are surprising to me, michael, because egypt and jordan, those are the countries that i perceive as more moderate. in that faction they're talking about those who want sharia law. those wouldn't be the more moderate folks. >> you're absolutely right, megyn. what we sue with the pew -- see with the pew global attitude survey is an inindictment of the diplomatic strategy. often times we turn a blind eye toward the educational system thaonthe believe that we don't t those to be caustic. remember, egypt's greatest export has always been its school teachers. when i traveled recently in the persian gulf, people are afraid of what these egyptian school teachers might be spreading to otherwise secular youth. >> megyn: cliff, the survey finds that most muslims do favor religious freedom for people of other faiths, as i mentioned. they also want religious leaders

to have at least some influence in political matters, and that could explain why we've seen the muslim brotherhood ascend to the presidency in egypt despite promises to the contrary. i mean, they're not operating from the same place, you know, most persons are where it -- where most americans are where it would be strange for us to root for a religious leader to ascend to the highest political office. >> that's right. that's because you don't have a tradition of separation of church and state, mosque and state in this case. the other thing that i think is disturbing and deserves highlighting is there isn't a strong sense of tolerance in a lot of countries, although again, it does vary. if you ask should sharia law apply to anonymous limbs as they did -- non- muslims as they did in the poll. the answer is no in iraq. the answer in pakistan is yes, sharia should apply to others such as christians. they're split in lebanon and in the palestinian territories on whether sharia and muslim law should apply to non- muslims as

well. that's a way to judge tolerance, and it's distressingly absent in a los lot of places. >> reporter: when you look at the stats pew released on relationships between husbands and wives in the muslim states, it's eye-opening. most of the countries sur verified, the majority of muslim women as well as men agree that a wife is always obliged to obey her husband, always. you know, it's sort of like a punch line, you know, here in america, but that actually has some real consequences for the women living in those countries. >> yeah, it certainly does, but i wonder and i certainly haven't seen attitudes from other religious, but if you look at fundamental members of other religious, whether that's, you know, doesn't have to be muslim, you see that attitude everywhere. >> megyn: good point. still in the vows of a lot of wedding ceremonies here in america. >> absolutely. we may look at it differently because we're certainly, i'll speak for myself. i'm certainly not a believer in that kind of sentiment, but i

think that unfortunately is not just the case for muslims, for fundamentalist muslims but is the case for other religious as well. >> megyn: what do you think overall, michael, is the takeaway on this? americans are struggling to understand the muslim faith because, of course, we know in the wake of the boston marathon bombings it was radical, radical muslims, not muslims but radical muslims which is a totally different thing who attacked us. there's a leap by some, and we want to clear that up. the muslim faith is not represented by the two guys who bombed the boston marathon two mondays ago. >> you're absolute right on that, megyn, but at the same time we have to avoid cultural qiequivalence and avoid tiltingt windmills, setting our policy towards smoke and mirrors. the fact of the matter is there's a battle of interpretations going on within islam. this is seen every friday in various mosques around the world when it comes to the sermons, and we can't be afraid to deal

with the problem. we can't handicap our own law enforcement and make discussion of extremist islam a verboten subject. we really have to address the problem, and the value of this pew survey is that it presents the problem to us in a very solid foundation and hopefully policy makers will use that foundation to recalibrate american policy and better deal with extremism. >> megyn: panel, thank you all so much for your insights. >> thanks so much. >> megyn: up next, an important hearing in the case against trayvon martin shooting suspect george zimmerman. did he just give up a key part of his defense? that's next. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor

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good news for homeowners. prices climbed more than 9% last year, according to the s&p schiller home price index. it's also the biggest rise in prices in nearly seven years. experts say that's because of a growing number of buyers who are bidding on a limited supply of homes for sale right now. >> megyn: major milestone in the trayvon martin shooting case. as we hear from george zimmerman, the defendant in the case himself. a key hearing took place today that could establish the framework for his case. the former neighborhood watch leader is charged with fatally shooting trayvon martin, and there was talk in the early stages of this investigation that a stand your ground self defense law may be in play, that he would ask for an immunity

hearing fro that would prevent m from getting in front of a injury. that's traced forever, trace gag gallogallagher. >> reporter: that hearing potentially could have cleared him of any criminal wrongdoing for shooting trayvon martin. today under oath the judge, deborah nelson, questioned zimmermazimmerman directly overe objections of his defense attorney, but the judge said he did not want zimmerman to come back later and say he didn't have proper assistance, so zimmerman's attorney now says they can still ask for an immunity hearing after the prosecution presents its case. here's the attorney after court. listen. >> the idea that there was some significance other than looking at it with the time we had and with the strategy of how to handle this case with a man who wants to go before a jury, it makes perfect sense to me to not assert that pretrial.

>> reporter: yeah. one more point note. o'mara asked all enhanced audio files and 911 calls be handed over because he's afraid the prosecution witnesses heard a different tape. the fact of trayvon martin said at first he couldn't identify screams on the tapes as his son. no, he said i heard a clearer version and it is my son. the prosecution said there is no clearer version. the trial, by the way, begins in six weeks, megyn. >> megyn: trace, thank you. kelly's court is back in session. on the docket today, that case and what it means. what we just saw in court this morning for mr. zimmerman. joining me now is mercedes columcolwin and faith jenkins. mark o'mara said i object, i don't want you asking mr. zimmerman directly whether he is waiving anything, waiving the right to an immunity trial, waiving anything. we're preserving all rights. when we get to trial, we may or may not claim immunity and we'll

see. the judge said overruled and she specifically asked him, zimmerman, whether he was waiving his right to this immunity hearing and he said yes. >> that's right. >> megyn: what does that mean, faith? >> not only that, megyn, she specifically asked him is it your decision? are you making this decision after consulting with your attorney on your own, and he said yes. today was only about the pretrial immunity hearing. he wasn't waiving an immunity hearing all together and saying he's never going to try to raise this issue again in a later motion. it's just that now he has made the decision, it's on the record that he will not seek immunity before trial in this case. it was more of a strategic move than anything else. >> megyn: mercedes, did he give something up that he didn't have to give up? >> i think it was a brilliant move that he actually chose to do this. he is showing his cards at this point. at that point the prosecutor knows how they will proceed because obviously he will be testifying and be the center of

this prehearing issue, so they said no, we can raise this later, raise it after the prosecution's case comes forward, and then at least we get to see their cards first before we raise our defenses. >> megyn: but we've done segments on this show, faith, showing zimmerman on camera, on video walking the police through the crime scene, giving his account. i mean, how much more could he have given up than he had just done an immunity hearing that could have prevented it from ever going in front of a jury? >> he has talked a lot. in some circumstances, i'm not sure how much control o'mara has over his interviews and statements. in your interview earlier, o'mara said zimmerman wants to go before a jury. he wants the case decided before a injury. i don't think that's it. i don't think he wants to make another statement on the record and have the prosecutor be able to come back in six weeks and cross examine hi him on everythg he said six weeks prior to the trial. basically zimmerman has to put on a mini trial.

>> megyn: that is zimmerman explaining to the police how everything went down. i mean, my feeling as a lawyer, i don't know, mercedes. he's already done that. it's not like zimmerman was quiet. o'mara may be thinking he already did it, why don't we do it at an immunity hearing. give him two bites at the apple. we'll pick up with that question right after this break.

>> megyn: mercedes colwin back with me as well as faith jenkins. he's on camera telling his story. why not give him a shot at getting immunity? if it stale fails, go before th. >> if you have an out of court statement under oath, there's obviously a lot of issue, a lot of impeachment evidence, but he's not. he's giving self-serving evidence. the prosecutor can't really do anything with it. if he's under oath, he's before that judge, things can go pretty

awry. we're all litigators here. you know what can happen, especially when it's a courtroom setting as opposed to i've got a few cameras here, some friends, i'm pretty well coached. things can go very different in a courtroom. strategically it made more defense fosensefor the defense . forewarned is forearmed. the prosecution knows what he will testify. if he has to take the stand and the judge denies it, we're going to have a big issue. >> megyn, he has not been cross examined. if he were to take the stand at an immunity hearing, he would be cross examined by the state relentlessly. he has not been subjected to any kind of cross-examination yet to this point. >> megyn: can his lawyers still stand up after the prosecution rests, can zimmerman's lawyers stand up and say judge, we move for dismissal on the grounds of immunity? the prosecution has not proven their case and this man should be immunicipal from prosecution? >> i think he'll make a motion during the trial and say at this point we would like to have a stand your ground hearing or

motion. he could do it after the closing statements. megyn, remember. if he's granted immunity, it's not only a bar against prosecuting him criminally, he's also absolved from civil liability. >> immunity is the best option for zimmerman. >> megyn: what a transformation for him. over 100 pounds he's put on. the whole process is stressful. >> he's been in hiding all these months. he's not out and about. he's afraid for his life and rightfully so. he's got a lot of death threats against him. >> megyn: panel, thank you so much. we'll be right back. >> thanks, megyn. we had never used a contractor before

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