>> officers never told the man holding the camera to stop rerding and tell him he is loitering, threatening to arrest him if he doesn't leave the scene immediately. >> i'm leaving. >> turn around and walk. >> reporter: a spokesman says the commissioner ordered an investigation in to this video and the man who shot it has filed a complaint against the departme. that complaint comes as a judge refuses to throw out a lawsuit over a similar incident in 2010 when officers confiscated a camera and deleted videos shot by christopher sharp as his friend was being arrested at the preakness. >> i was told i had to give it to them. >> reporter: the lawsuit supported by the justice department and the aclu, could take months to resolve. >> the man who shot the most recent video confirms he has filed a complaint with the police department, though he says he has not been contacted by investigators. derek valcourt, wjz 13 eye witness news. >>> wjz 13 will have more on the complaint and the man who shot the video at 5:00 and 6:00. >>> hundreds of people rallied in annapolis, calling on the assembly to legal

. >>> rerd highs and soaring for five bucks a gallon. what can be done to ease your pain at the pump. >>> tax refund rip-off. tax savvy thieves stealing your money. tonight, how to make sure you get back what is rightfully yours. >>> winter green. record warm weather and its boom-like benefits for families across america. >>> and all together now. ♪ a chorus of strangers making musical magic. captions paid for by nbc-universal television >>> good evening, that anti-u.s. uprising in afghanistan turned violent for troops again today. it happened just one day after two american military advisers were murdered inside an afghan government compound in kabul. the revolt poses a worrisome new threat to the war that already claimed more than 1900 american lives. and with 96,000 americans still in the country, many of them working side by side, their afghan counterparts, it also threatens to shake the very underpinnings of the u.s. strategy there. andrea mitchell will give us the take from washington. but we begin in a snowy kabul where nbc's atia

here onthe rerd. keep it here on fox news channel. good night from washington. the factor begins right now. >> bill: "the o'reilly factor" is on. tonight: >> newt didn't call after iowa or new hampshire. i called him after south carolina, his win there. withbut he didn't call again lat night. >> bill: how angry is speaker gingrich after losing in florida? will the republic race get even nastier? dick morris, charles krauthammer, and sarah palin will all analyze. >> newt gingrich power preach ago higher standard in american politics by an overwhelming vote. they found him guilty of ethics violations. >> bill: one of the most effective anti-gingrich ads was a news report anchored by tom pro-call is -- bureau -- brokaw demanding they not use his likeness again. >> something a little less contentious. >> dennis miller hafers something on florida vote, occupy madness and the super bowl. >> are you ready to go for that on a dinner. >> sure i will bet a dinner. if you ever get a free night from taking all your dick morris dinners. [bell] >> bill: caution, you are about

so there's a new bill rerd to ways and means. it's called the stache act.ustaches. there's no gender discrimination. this applies to both men and women. insane or genius? matt, we'll start with you. >> genius. >> genius. >> marjorie? >> insane. i think women would have a lot more tax credit that we should be able to get if they give us a tax credit for mustache. and hide your children. a mustache parade is carry. >> i'm going to agree with you on that one. >> does he or she have a mustache? >> does he or she have a mustache? insane or genius? >> insane. >> insane. i think it's kind of genius, actually. thank you so much for playing this morning. we appreciate it. >> take care. >>> 7:00 a.m. on "starting point," soledad o'brien will be joined by reince priebus. >>> still to come on "early start," should juveniles be charged as adults? it is a renewed debate after a 17-year-old was brought in on that awful shooting in ohio. he has not been charged yet. we do not know if he will be charged as an adult. but should he? >>> first, though, tornado watches in the m