it does not in any way support the idea that justice kagan should recuse herself.oint the arguments are frankly looking desperate. >> reporter: kagan is not the only justice under scrutiny. democratic lawmakers and organizations called for justice clarence thomas to step down from the healthcare case, saying his wife worked for group opposing the healthcare law to create undeniable conflict of interest. earlier in week, the court denied a motion by the group freedom watch calling her the recusal. he is did not participate in that decision. chief justice roberts acknowledge the call by outside group and says he has complete confidence in the capability of his colleagues to make their own decision. bret? >> bret: we'll follow it. thank you. >>> the country's top intelligence official says it will take five years to prevent another massive leak of classified information like the one that ended up on the wikileaks website. national intelligence director james clapper says officials are working to tag information to track it back to its source. a former marine has plead

think you know you could very easily find some very stridently anti china things that someone like kagan is written or said in the past i don't think that would be a guide to romney policy they're not stupid people they might disagree with them about the best way to go about things but they're not foolish enough to actually try to pick a fight or start a war with someone like china or even some like russia they talk tough or bully would really do a whole lot but looking at their track record. a lot of these guys are hardliners you know they're not afraid to use torture tactics using this really harsh rhetoric so now that romney is surrounded by these guys how do you think what kind of route do you think they'll steer romney to take. i mean i think it's pretty clear you know romney is very much his foreign policy goes very much in the mold of george w. bush and i think it essentially be a third george so. bush administration look at all these guys they played very important roles in the bush administration they don't seem to be particularly humbled from all the massive failures that they

your head in the ocean for information he is after all a good listener and finally there is robert kagan or the instigator he's no michael hayden he's never been in the military before but he has no problem telling it what to do and fact he's one of the people credited with being the architects of the iraq invasion now these guys are all expected to sway romney to toughen up on iran russia north korea and china none of them afraid to wage war and even encourage it so is america ready to bring back the bush era neo cons well blogger for forbes dot com mark out of honest was here with me just a short time ago and he gave me his take on this all. i think he's trying to demonstrate that he's very much in the republican mainstream i mean as a former governor of a very liberal state like massachusetts the last thing he wants to be labeled as is a kind of nor the fit northeastern liberal and as you can see from the guy's records they're not going to be confused for people. who are you scared of using military force and i mean i actually thought it was not worthy on a romney's campaign website t

. >> you also talk about, when it comes to the war, you talk about the kagans, fred and kimberly kagan. because a lot of people don't talk about this and i wonder how long you will keep this up. she and her husband were part of a document that led to the surge. >> i was interested in the possibility of forces into iraq, and it seemed as though there was an opportunity to ensure the population of the rack in a counter-insurgency, and thereby, lowering the level of violence. i did participate in a study at the american enterprise institute, known as the iraq planning group which did recommend a surge of five brigades into iraq. and the improved security situation. >> those of us who do not understand how this works, as you mentioned, the american enterprise institute, how this all works and why did we go in there on this surge and why do the kagans get credit and why do you like what they suggest? >> i don't know how you get from this study to the battleground, but in terms of the surge, it was clearly -- i did find out, i believe this was 2006, that the notion of this always looked like

this stems and the article by robert kagan in "the new republic."ere is a story from " the new york times." that is the story this morning from inside " the new york times." back to you the question of whether or not you think america is in decline. amy is joining us from michigan. caller: i don't think it is. i think this is the dawning of the age of aquarius. usually get our cards right. this symbolizes the intuitive mind and the water being poured from the jobs represents the order of new life. hopefully, we can get it right. host: thanks for the call. from "the washington examiner" -- back to your calls -- bill is joining us from massachusetts -- is america in decline? caller: yeah s, it has. we have become the picture of dorian gray. the only have to watch "washington journal" a couple of weeks to see how polarized and angry and uninformed and divided this country is. people will feel totally alone, scared, and disenfranchised. this is the unintended result of lyndon johnson pause on funded great society. if obama wins, the uninformed on the le

they wanted justice kagan to sit that one out. by the way she did not participate in the vote or decision that led to denying the group's request. chief justice john roberts defending colleague but kagan and justice thomas has been asked to recuse from this case. here is what he said in an end of the year report he put out. quote, i have complete confidence in the capability of my colleagues to determine when recusal is warranted. they are jurists of exceptional integrity and experience whose caringer and fitness examined through a rigorous appointment confirmation process. he is backing them up. he is telling the groups to back off. looks like all nine justice will stay in for the long haul on this case. general that? jenna: fascinating case at that. thank you. jon: dangerous storms in texas unfolding yesterday during "happening now." we're getting a better picture of just how severe it was. you remember that radar image from yesterday? well it brought buckets of rain, powerful wind and at least one tornado ripping through the st

he defended kagan as well implicitly.n the bench. >> i'm wondering though, megyn, this some way him highlighting it if he is really saying maybe you two should think twice about this and not participate? i don't know. megyn: "joey", we'll have to leave it at that. we'll leave it to viewers to ponder. coming up the horse-drawn carriage is a way of live for the amish. now they're at the center of a culture clash that has police and buggy drivers going head-to-head. to stretch around the earth over 190 times. each brita filter can take up to 300 of those bottles out of the equation. ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8. megyn: a culture clash between old-time religion and modern safety. members of an amish celebrity fighting for their religious freedom -- sect. resisting warnings to put bright orange warning signs on their buggies. douglas kennedy in the newsroom. >> reporter: the all mick -- all mesh reject all technology and pro

. >> healthcare a pellets' -- appellates what elena kagan to recuse herself. they want thomas to recuse because of a repeal. each justice makes his or her own decision. >> they say the u.s. must close the guantanamo bay prison as obama has promised. they say the prisoners remain arbitrarily detained, a violation of international law. in his address last year he pledged to close the prison in cuba. >> republican senator mark kirk underwent surgery to relieve swelling under the brain, and he could have some permanent physical damage from the stroke. he was elected in 2010 winning the seat once held by barack obama. >> still the come, talk of more local locations for one of the most popular warehouse stores. but where? >> what type of light bulbs you use in your house is up for debate. >> are the occupy protestors draining police officers from the neighborhoods? a live report coming up next. >> this morning's ice is long gone but we still have the fog. it is even thickening up in some spots. >> new at 6:00, heading the congress ought to discuss the occupy movemen

the other, eight justices have turned aside a motion from a group that wanted kagan to recuse flers theate-march oral arguments but the ruling will decide the konsality of president obama's health care law. kagan was solicitor general in the obama administration when the law was enacted. >>> and comedian tracy morgan is being treated at a hospital in utah after falling ill during the sundance film festival. his rep says a combination of altitude and diabetes. the hospital said no drugs were found in his system and he suffers from diabetes and he had a kidney transplant in 2010. >> the altitude is high and he has serious issues. we hope he has a very speedy recovery. thanks. >>> jack cafferty is asking, what ask the secret to newt gingrich's success? >>> and u.s. allies stepping up the pressure on iran. why their bold new action could hit iran where it hurts. that's coming up right at the top of the hour. ♪[music plays] ♪[music plays] purina one beyond. food for your cat or dog. and it hasn't been going exactly as planned. cut. cut! [ monica ] i thought we'd be on location for 3 days --

justice kagan's office filed a brief here and did discuss the president's healthcare law.ernal memo that she was substantially involved with the case but elizabeth, you say the cases are so different there isn't a conflict? >> absolutely. the golden gate case has nothing to do with the constitutionality of the affordable care act. simply notes its existences as a then recently passed law that alters the federal landscape in terms of the issue that was actually involved in the golden gate case which is whether a 1974 federal law erisa preempted the san francisco local ordinance. the allegations are simply to be frank silly. and the way it is telling they have been argued to the court in a brief that is full of insults against the justices and rants against conservative chief justice john roberts and that is not the way that you make serious arguments in the supreme court. >> shannon: and the chief justice noted there are outside groups calling for the recusal of justice kagan and justice thomas and he said he trusts his colleagues to make independent decisions. is that not

kagan and alito concurred in one of the separate concurrences. that tells you something important. >> first words inr the bill of rights -- "freedom of religion." >> would it have made a difference if she had been driving instructor at the school or gym teacher? >> she was. she taught mainly math and science, but in order to get tenure -- >> she had a calling, a vocational thing. the court said we are not the ones who are going to decide what kind of coordination is required -- ordination is required. the church will decide on its own ordination. the point is that religion is not effective government, government is a threat to religion. >> a little bit about the construction of what the federal government was doing. the federal government is not desired -- does not decide who can be hired at an institution. this was about whether you can discriminate against a person in hiring and firing. they took the purist position that you cannot do this trade with the court found was that the overriding interest was religion in this case, and it is not a mat

elena kagan and sam alito concurred in one of the separate entrances. that tells you something. >> first words in the bill of rights -- freedom of religion. >> would have made a difference if she had been driving instructor, or gym teacher? >> she was. she taught mainly math and science, but in order to get tenure -- ->> she also had a calling, a sort of a vocation. the court said, we are not the ones who will decide what kind of ordination is required. the church decides on its own ordination. the point is that religion is not a threat to government, government is a threat to religion, and that is what the court -- >> it little bit about the construction of what the federal government was doing. the federal government does not decide who can be hired in an institution. that is not what the position was. this is whether you can discriminate against a person in hiring and firing. they took the position that you could not do this. the court found was there was an overriding interest of religion. it is not a matter of saying the federal government was anti

justice elena kagan.he way this policy seems to work is like nobody can use four dirty words or indecency, except for steven spielberg. chief justice john roberts is the only justice with small children. all we're asking for, he said, is what the government is asking for, is a few channels where you can say, i'm not going to -- they're not going to hear the "s," word, "the f," word. there could be a tie decision. any decision that's not expected to come until early summer. diane, that means stay tuned. >> okay. thank you, cecilia. >>> now, it was rev your engines day. the 2012 north america auto show in high gear in detroit. amid big news for more mojo for cars made in america. japan's automaker, honda, moving its brand right here to ohio. here's abc's chris bury with the hot, new cars in detroit. >> reporter: at this year's big show, the mo in motown stands for "momenentum." 40 new models, introduced with the glitz and glamour so missing during detroit's doldrums. >> what's the message? >> i think the me

justice elena kagan.he way that this policy seems to work, it's like nobody can use dirty words or nudity, except for steven spielberg. but should broadcasters be kept as the last island of civility in a television culture? chief justice john roberts is the only justice with small children. all we're asking for, he said, what the government is asking for, is a few channels where you can say, i'm not going to -- they're not going to hear the "s," word, the "f," word. justice sotomayor recused herself from this case because she dealt with it in a lower court, which means there could be a tie decision. any decision is not expected to come until early summer. diane, that means stay tuned. >> okay. thank you, cecilia. >>> and now, it was rev your engines day. the 2012 north american auto show in high gear in detroit. amid big news, today, of even more mojo for cars made in america. japan's powerhouse automaker, honda, moving its high-end luxury brand right here to ohio. and that means american jobs. here's abc

today justice kagan questioned whether they could have avoided this by getting a legal determination that you wanted through that process. the sackettes say it would make no sense to launch a costly, time consuming request for permit when their lot isn't a wet land. justice alito was one of several justices that empathized, asking the government lawyer, don't you think most ordinary homeowners say this can't happen in the united states? >> under intense questioning today the government's attorney conceded the epa could double penalties to $75,000 a day if enforced at this point the sackettes would face more than $100 million in fines. >> thank you. still ahead, i'll take you along for the ride to see some of the big campaign stops here as we catch up with the candidates. first an american in iran is sentenced to death. checking world news. activist say syrian troops fired or protesters. arab league repeated their demand the government stop the crackdown on descent. senior foreign affairs amie kellog. >> iranian state television says they claim former marine translator amir mirzaei he

children are not going to be shocked by them the way they might have been a generation ago justice kagan was on the fence she said it seems to work and it seems to be a good thing that there is some safe haven but then she went on to say it seems no one can use dirty words except steven spielberg and says see here kitty that brings up a really good point the lawyers for the networks presented their case to the justices explaining of the f.c.c. seems to be rather arbitrary and their actions they went on to say how films that were aired on television like schindler's wrist list and the movie saving private ryan were able to show scenes with foul language and evil full frontal nudity without any outcry. right so that was able to air but share nicole richie statements during an awards ceremony that was not a fight so sounds like the people of the f.c.c. are huge steven spielberg fans either that or they're picking and choosing who gets punished defense lawyers also point out the supreme court's all decisions to allow foul language and nudity in other situations as a protection of free speech

day the same thank you so much for being on the show that was history professor and author michael kagan. all right we talked about a lot of the pressing historical context behind the elections in light of the new hampshire primary going on right now let's talk about something else going on today and i want to bring in our producer dimitri cofan us and shannon donahoe in the control room to help me with this remaining loose change we have one of us so today is also the start of the international consumer electronics show in vegas but there are fewer big names products devices insiders say are already outdated or boring so where is this innovation going is it disappearing it looks like it's certainly not going to europe not if you listen to ryanair is c.e.o. saying this about what bureaucracy is doing to innovation there here's why he was surprised to even be invited to the news innovation convention most of you know the european union spends most of its time either suing me torturing me criticizing me or condemning me for lowering the cost of air travel all over europe. he told everybody

today, the court said it would not hear argument arguments froa group that wants elena kagan disqualifieding the constitutionality of president obama healthcare law. >>> still ahead. inside the white house. re-election play book. first, the u.s. gets major support for turning the screws on iran. >> bret: in world headlines a russian newspaper said moscow agreed to sell 40 fighter jet training aircraft to syria. the planes can be used for air to ground attacks and for training pilots on more advanced fighters ordered from russia five years ago. tensions between iran and the west ratcheted up today. jennifer griffin has details from the pentagon. >> it was a major move designed to push iran back to the negotiating table. the european union banned the import one day after the british and french warships followed aircraft carrier through the strait of hormuz. abraham lincoln was the first aircraft carrier to fight through the vital waterway since they planned to prevent any carriers after obama signed sanction against iran in december. they moved through waterway without incident as an irania

>> well, first of all, justice kagan, it was important to catch the answer to your question when you asked it of general verrilli, which was, you're not saying that we lose all of our first amendment rights. so clearly we retain our first amendment rights. and under those circumstances, it seems to me you've got just two ways. first of all, the idea that it, quote, "worked," it worked perfectly fine from all the way up until 2001, even i would say until 2004, when the commission wildly changed its approach. and it's only become dysfunctional since 2004. and as we sit here today, literally facing thousands and thousands of ginned-up computer-generated complaints that are holding up literally hundreds of tv license renewals, so that the whole system has come to a screeching halt because of the difficulty of trying to resolve these issues. so to say that the system is working well seems to me, at least from the broadcasters' perspective, is to suggest that's just not true. >> well, you want us to overrule a decision of this court, pacifica? >> yes, justice. >> now, as to radio, what has

no indication that justice kagan is even considering it. megyn: some of the realtors are done crunching the numbers, and 2011 is one of the worst years for home sales on record, in fact they say it is the worst ever. what does that mean for people who are trying to sell a home, who own a home or who are considering buying one? and what does it mean for the economy in general in they all say it all links back to the mess in the housing market our economic problems. charles payne has answers after the break. a very emotional murder case coming to a close today. a father and son accused of an honor killing of these three girls and their mother. now we are learning about a possible bomb threat at the court just as the case finishes up. breaking news just ahead. and a suspected carjacker learning the hard way this is not the grandma you want to mess. megyn: . look at her. her incredible story just ahead. >> you hold it right there. [bleep] and i said, don't you move. i will shoot. that's why there's new glucerna hunger smart shakes. they have ca

today, the court said it would not hear argument arguments froa group that wants elena kagan disqualifiedding the constitutionality of president obama healthcare law. >>> still ahead. inside the white house. re-election play book. first, the u.s. gets major support for turning the screws on iran. [ coughing ] [ male announcer ] got a cold? [ sniffling ] [ male announcer ] not sure what to take? now robitussin® makes finding the right relief simpler than ever. click on the robitussin® relief finder. click on your symptoms. get your right relief. ♪ makes the cold aisle easy. ♪ robitussin®. relief made simple. when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp... medicare supplement insurance plan, insured by unitedhealthcare insurance company, helps cover some of the medical expenses... not paid by medicare part b. that c

on april 26, 2010, then solicitor general now supreme court justice elena kagan acknowledged the president'sess appointment power but added, "the senate may act to foreclosure this option by declining to recess for more than two or three days at a time." exactly what senate republicans say they were doing. >> senate majority leader began using the pro forma senate session in an effort to block recess appointment by president bush is suggesting they will work for them this time around and president obama will win the legal fight over his recess appointment. in washington, shannon bream, fox news. >> bret: crews in alaska are preparing to offload fuel from a russian tanker near the harbor. it's half a mile from shore after they cleared a path through hundreds of mile of ice. a storm prevented them getting the fuel delivery in november. we will share perhaps the least surprising news you have heard this year. next in grapevine. including how much congress did not accomplish in 2011. as you look live inside, to the debate hall, we can tell you the count down is on. that is what we'll see momenta

now, there are those that raised questions on the side of miss kagan but there's no financial conflict're not talking policy here. we're talking about a failure to disclose a financial interest with clarence thomas which is not alleged with anyone else on the court. am i correct? >> you're right about that. and it's a deeply disturbing connection. the fact is, clarence thomas has a financial steakake in an issu that is coming before the supreme court. it's a violation of his duty and he has refused to do so. this is something that all americans need to know more about. i think americans should raise their voices and we have ways to do that. you can go to keithellison.org but the fact is that people need to raise this thing and we need to get more public attention on how difficult this is for all americans. >> especially on the eve of the iowa caucus when in the republican debates many of the candidates named thomas as among the jurists that they add mire and they don't seem to have a problem and their word and anthony ska lea and john roberts. >> across the board, thomas is an example

elena kagan. you have a nice contingency from the supreme court.s justice alito, i recall, who shook his head at the president when he challenges the citizens united campaign on finance. that was controversial, as they were sitting there watching him speak. >> the first individual introduced was the dean of the diplomatic corps, ambassador in washington served here the longest, from jubati, from the horn of africa. there, you see the first lady of the united states. let's listen in to the reception. [ applause ] >> this is the third state of the union, gloria, the president has delivered since taking office. for the first lady, it's her third appearance in that gallery with her special guests as well. let's listen in. you just heard the cabinet being introduced led by the secretary of state, hillary clinton and secretary of treasury, timothy geithner and leon panetta. they're all woalking in, member of the cabinet and be applauding almost every word the president says. >> a lot of them have had input intohat the president will be saying tot.

we can't afford another elena kagan or sotomayor on the supreme court. we can't.er grab last week with the recess appointments, we can't go there. that's what i'm focused on. >> amy creer. >> up next, the truth behind mitt romney's claim he helped create 100,000 jobs. later, a high bridge, an alligator infested river and a very lucky bungee jumper. [ male announcer ] how can power consumption in china, impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. >>> back a few campaigns, president george h.w. bush walked into an event with a short note scribbled on to an index card. message i care. well, history does repeat itself. >> i care very deeply about the country

>> absolutely, justice kagan.ut i think it's important to understand that to the extent that the district court in this remedial phase should take section 5 into account, it's just in considering whether or not the remedial plan is consistent with section 5 principles. and that's what the judges did in this case with respect to their own plan. so we're not i'm asking them to do something with section 5 that they otherwise wouldn't do. and again, i think if you come back to the particular question of what are they trying to remedy, they are trying to remedy the one person, one vote problem. so if that's what they're trying to remedy, why wouldn't they take into account the legislative policy judgments reflected in the unprecleared plan if that's -- if that's the state we're in, if that's the snapshot we're in. keep in mind, this court has throughout-- >> well, just because section 5 says that there's no presumption of regularity attached to that plan, and indeed, that it's unlawful to put that plan into effect with

bob kagan did a piece, the conservative historian, a piece in the republic and addesses this in a sophisticated way. >> charlie: what did he say that you agreed with. >> a number of things. number one he makes the moment if you look back at history, even if those times when the united states was said to have maximum pwer. the united states couldn't snap its fingers and havecountries do exactly what they wanted to do in every instance. indeed during every period there are going to be disappointments in your foreign policy. and he catalogs that. but secondly, he also makes the point that you have to look at comprehensive nature of power, right? not just a unit dimensional discussion of power. if you look at the united states, i would think it actually stacks up quite favorably. there ara number of articles on this. dan dressdon did a piece on foign policy. if y look at it, the economy in the world the motion innovative economy in the world, it's the most powerful military in the world. this is a comprehensive -- >> charlie: we're talking about a trend. >> no, but a comprehensive assessment of pow