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tv   America Live  FOX News  March 28, 2012 10:00am-12:00pm PDT

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you back tomorrow for that. >> that's very interesting stuff. jon: thank you. and thank you for joining us today. jenna: "america live" starts right now. megyn: fox news alert. billions of dollars, as well as your rights as a patient and consumer, now in the hands of nine justices. as one of the most watched and important extreme court cases of our generation wraps up. welcome to "america live" everyone, i'm megyn kelly, the key six hours of argument on the president's health care law concluding today, the justices debate be what happens to the rest of the law this afternoon. if they strike down the so-called individual mandate, the requirement that all americans must buy insurance or pay a fine. both sides challenging each other on the issue during a hearing where several justices, even the more conservative ones, appeared at least partially open to saving parts of this law. fox news anchor gregg jarrett joins us now, he is also a former defense
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attorney. gregg. >> reporter: many of the justices, you're right, seemed receptive to the idea that other provisions could remain valid if the mandate is held unconstitutional, although some thought congress should figure out what changes would be necessary. but two key provisions may be doomed if the mandate is tossed. that is, preventing insurers from denying coverage and charging higher preem uls because of medical history. the court seemed to think those would go away if the mandate is stricken. liberal justices, sotomayor, beginningsberg, engaged in arguments which could be a sign they're anticipating the mandate will be invalidated by the entire court. now, sotomayor asked what's wrong with leaving this in the hands of those who should be fixing it, meaning congress. gingsberg observed there are many things that have nothing to do with affordable health care, why make congress redo those. the government's attorney
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noted that parts of the law are already in effect, including coverage of adult children on their parent's polices to which scalia shot out, quote, it's going to bankrupt the insurance companies. well, perhaps it was chief justice john roberts who best described the vexing legal problems, the high court must mou -- must now try to resolve when he wondered allowed, quote, where is the sharp line to draw in what to keep and what to exclude? in about an hour the high court will take up the final issue in all of this, does the law's expansion of medicaid unconstitutionally coerce the states if they do not capitulate to congress' new demands. you're going to hear about state sovereignty, tenth amendment and so on and so forth. megyn: it is such a fascinating legal argument, so much to delve into. gregg, thank you. only three lawyers have argued against the health r health care overhaul in front of the supreme court justices, in this case, one of them, michael carvein, of the firm jones day he
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represents the national federation of independent business. here he is outside of the supreme court just yesterday. >> we're very happy with the court's interest in the case, we obviously have deeply explored the issues, i feel that we got our chance to make our case and -- case and since our case is so compelling i'm hopeful the court will do the right thing and strike down the individual mandate. megyn: in about five minutes michael carvein will be here live for his first and only interview since his portion of the case wrapped up post arguments today. fox news alert. firefighters in colorado, getting new reinforcements this hour, as they battle to get the upper hand on an out of control wildfire. the fire has destroyed dozens of homes and killed at least two people so far. search crews are looking for a third person who is said to be missing still. hundreds of residents southwest of denver evacuated from their homes and now they're wondering if they'll have a home when they return. >> yes, i'm worried.
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and so heart broken for the people who have lost everything. >> yes, watching the news, trying to get any information we could, and then saw the footage of our house, what was left of it. >> it hurts. it has to hurt. we've had three bad fires up here but this one seems to have been the worst. megyn: investigators believe the fire was likely sparked by a controlled burn that was set last week. well, gas prices continuing their steady climb into what is now record territory again. the national average now, 3.91 per gallon, according to aaa, that is the highest ever for this time of year, and less than a dime away from the dreaded $4 mark. and the number of states paying $4 or more for a gallon of gasoline has more than doubled. i should say more than tripled over the last 2 1/2 weeks. plus brand new data showing two-thirds of the country upset at the president over gas prices.
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why? and should his campaign be worried? that's coming up next hour. we're getting new details today from passengers on board that jetblue flight whose captain suffered an apparent mental breakdown while in the air, this is cell phone video showing passengers pinning the captain in the aisles. one of the passengers, you see here, will be with us in about half an hour to describe what this was like. the copilot locked the pilot out of the cockpit after he reportedly screamed to the passengers about al-qaeda, a bomb, and telling them to, quote, say their prayers. >> it almost hit me. i looked back, he came running down the aisle and was screaming afghanistan, there's a bomb, i got to get in the cockpit, then he started banging on the cockpit door. >> he actually started yelling it's going to blow up, i'm not sure what he was referring to. megyn: trace gal ge, live in our west coast newsroom with new information. >> reporter: this story broke on "america live" and
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at first the passengers thought it was another passenger that flipped out, then they quickly realized it was actually the man flying the plane. the captain came out of the cockpit and tried to force its way into an occupied bathroom. the flight attendants at first calmed him down, right, they took him to the very back of the plane, then the passengers say that's when the captain sprinted up through the aisle and began yelling the things that you said, like say your prayers, and they're going to take us down. listen now to another one of the passengers: >> he was fine in the back of the plane, then all of the sudden when i looked back the third time, he almost hit me, because i looked back, he came running down the aisle and he was screaming afghanistan, there's a bomb, there's a -- i got to get in the cockpit, then he started banging on the cockpit door. >> reporter: a group of passengers, including a former cop, tackled the captain, restrained him, using seat belt extenders. you see the captain being brought down there, right, restrained on the stretcher. they used plastic handcuffs as well.
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again, another passenger. listen: >> he spoke of a bomb. he tried to break into the cockpit. if it wasn't for the people on this plane tieing him up, then he would have killed us >> reporter: yeah, and they restrained him and for 20 minutes the captain was restraipped while the copilot and another off duty pilot went inside the cockpit and landed that plane in amarillo. and now we have the air traffic control response. listen: >> down runway 22, clear to land. >> clear to land, jetblue # one, emergency, and we're going to need authorities and medical care at the airport. >> clayton osbourne has been flying since 1989, been with jetblue since 2000. the company sayssy a consummate pro, but clearly had a medical breakdown in this case. megyn: wow. trace, thank you. just a few lawyers
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argued against the president's health care law inside the supreme court over the past couple of days and one of those key lawyers joins me for his first and only interview since his part of the case just wrapped up. attorney michael carvein, live, right here in three minutes. don't miss this. >> serious new questions about the media's handling of the shooting death of a florida teen. how did they go from using this image of a 14-year-old trayvon martin and this -- trayvon martin and his accused killer and this, and a very different looking george zimmerman? we've got the story behind the story. >> sticks and stones can break your bones but can words hurt you? what they're calling a political correctness push at one of the biggest school districts. did you know how evil the term "halloween" is? c'mon dad!
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mig fox news alert. just about an hour ago the u.s. supreme court ended the core part of the arguments on the president's health care law. yesterday was the big show, however, as the court heard the case for and against the so called individual mandate that forces all americans to either buy insurance or pay a fine. one of the lawyers arguing against that piece of the health care law was michael carvin of jones day who spoke yesterday after the arguments about how it went: >> well, i think both sides pretty much staked out their positions, with the briefings and the arguments and obviously a new level of sophistication in digging by the individual justices but the issues were squarely presented and adequately addressed in the argument. megyn: mike carvin joins us for his first and only interview after his client's portion of the case wrapped up. it's great to see you. >> how is everything?
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>> everything is great. i want to disclose to our viewers that we used to work together at jones day and it's a great law firm and i'm very proud of you because this is a big deal for any lawyer to argue a case of this magnitude before the higher court. so son grates -- congrats on that. how do you think it went? >> it went well. the government had a lot of explaining to do. they had to say why they can tell americans what products to buy, why that's consistent with the limited powers that's given to congress and they had to explain why if they can require you to buy health insurance, why can't they require you to buy a car or air conditioner or anything else, and i think on all three fronts, not because he's not a talented lawyer. they couldn't give the court anything that makes sense because the position doesn't make sense. megyn: everyone was watching justice kennedy yesterday, the critical swing vote, trying to persuade them. you were among them. we talked about how he was tough on the government's lawyer and all the
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commentators said kennedy does not like the individual mandate, it was a rough day for the government, but then when you were up there he said the one thing that gave hope to the obama administration about maybe, even though he has doubts about the constitutionality of the mandate, maybe the insurance market is so unique that the law is okay here. i want to play a snippet of that. here's you and justice kennedy yesterday: >> it is clear that the failure to buy health insurance doesn't affect anyone. de faulting on payments to your health care provider does. congress chose, for whatever reason, not to regulate the harmful activity of -- of de tawlting on your health care provider, they used the 20 percent or whoever among the uninsured as a leverage against the 100 of the insured. >> i agree that's what's happening here and the government tells us that's because the insurance market is unique and in the next case it will say the next market is unique. but i think it is true that if most questions in life
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are matters of degree, in the insurance and health care world, both markets, specifically the two markets, the young person who's uninsured is uniquely proximately very close to affect -- feating the rates of insurance and the cost of providing medical care in a way that is not true in other industries. that's my concern in the case. megyn: that gave a lot of folks hope on president obama's side of this argument, mike. what was your take on where kennedy was going with that? >> well, there are two points that shouldn't give him any hope. he accepted look, the next time they'll argue that the car industry or transportation industry is unique, too, so i think he was quite skeptical and my response to him was look, if we're going to create a special exception because congress has a special need for having 30-year-olds buy health insurance, we're going to put them to an honesty test, aren't we, we're going to say if that's
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the problem you're really trying to solve and if you're trying to get 30-year-olds not to be a burden on others you'd let them buy catastrophic health insurance because that's the only way a 30-year-old is going to have a problem with health care. and the key point is that the health care act doesn't allow a 30-year-old to buy catastrophic. it doesn't allow them to buy the only product that makes any economic sense for them, and that would completely cure whatever problem the administration in my view is drumming up as an excuse to get this massive subsidy from the entire class of the uninsured. megyn: this is a point you were trying to make yesterday that i don't think a lot of people understand. you were telling the justices, and it happened right after that exchange with justice kennedy, you said this is not about keeping young people from shifting costs to others, because they're entering the market and the rest of us are paying for them because they have no insurance. this is about using young people to fund this law, and if it wasn't about using young people and forcing them to pay insurance premiums that they don't want to pay, then we would
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be allowing them to just buy catastrophic insurance because that's really what a 20-year-old needs insurance for. >> that's exactly right. look, the administration keeps trying to blame the uninsured for all the problems. the truth is that they created this problem for humanitarian reasons, they've made insurance companies insure a lot of sick people. that's a huge cost and it's going to drive up premiums. so what's their solution? not to tax subsidies, not the other kinds of things they've traditionally used. they reach outside the market, grab a whole bunch of healthy kids who don't need the cadillac health care plans with wellness and contraceptives and all that for the avowed purpose of driving the premiums down because you've got a bunch of healthy people who rarely go to the doctor. that was the finding that congress made, that bringing these young, healthy people into the market is going to drive down everybody else's insurance premiums, 15-20 percent. so they're asking you to pay for health care, not for your own health care, but for somebody else. megyn: for somebody else.
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today they argued about severability and what that means, if the mandate fails, if it's not constitutional, can this law still stand. can it stand or does it need to be thrown out entirely or in part. the justices seemed more divided on that. as a practical matter, what do you contend would happen if the court threw out the individual mandate, what's likely to happen with the president's health care law? >> again, remember the whole point of the individual mandate was to drive premiums down. you throw that out, leave the rest in, and the costs of the act go through the roof, skyrocket. nobody wants that. even the administration wants to strike down a couple of other provisions. and our basic point is look, if everyone agrees that you've got to strike down these provisions that drive up the cost of health care premiums, the judiciary can't sit there and say take out this section, put in this section, do that. >> megyn: that's what scalia seemed to be saying, where are we going to get the power to say which parts should live and what shouldn't. >> and you get this crystal
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ball, what should congress do if we cut out the heart of the act. they're supposed to leave that to congress and that was the point of paul clemente, let congress start from scratch, let them solve the problems, don't come up come up with this jaw additionally created franken stein which is a lined of what they want and what they could do because you get the worst of all worlds. megyn: having worked at jones day, i can speak a little to this but give us an idea, the firm, it's the a-plus, white glove fine silver aware, including you and you argued bush v. gore before it got to the supreme court, so you've been on these big cases. give us an idea of how much work goes into an argument before the supreme court on arguably the biggest argument they've had in four decades. >> the great thing about jones day, to continue my commercial pitch for the firm, they create teams that are designed to make sure the clients get the best lawyer for the best cases,
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so i get all the glory, because i go on tv and all this stuff, but we had five supreme court clerks, former doj officials, they attacked the problem like a swarm of locusts and looked at it every which way but sunday and came up with terrific arguments. i'm very proud of the way we presented, all the issues in this complicated case to the supreme court and towards the end, i started free riding on them a little more, and -- >> megyn: pepper drill, right? people pretending to be the justices and you had to respond. >> they have the moot courts that drives you crazy and they yell and stuff but it's great training because it gets you ready for the real thing. megyn: you don't want to be surprised when you're standing in front of the justices. michael carvin, thank you. best of luck to you. >> thank you megyn, see you soon. megyn: coming up, house republicans went after the administration about a decision two years ago to ban oil drilling in the gulf of mexico, saying the
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administration, quote, bent the truth in a move that cost jobs and drove up prices. we'll show you what happened, next. plus, imagine a classroom without any mention of the evil word dinosaur, birthday, or halloween. can you imagine? the scorn? do you remember the pain you felt upon reading these words in your high school test? they've all been banned! from one of the nation's biggest school districts. details on what critics call a bizarre new push for political correctness. >> new details on a story that broke on "america live". we'll speak with one of the passengers who was there as this jetblue captain was brought down after suffering an emotional meltdown while 30,000 feet in the air. >> if it wasn't for the people on this plane, tieing him up, then he would have killed us. >> i'm just glad to be on the ground! uh, i'm in a timeout because apparently
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megyn: fox news alert. we are just getting video of a controversial moment from the floor of the house today. illinois congressman bobby rush asked to leave after removing his suit jacket and putting a hoodie over his head. he did it to acknowledge teenage shooting victim trayvon martin who was wearing hoodie the night he was killed by a neighborhood watch volunteer in florida. >> this has to stop, whrvment speaker. just because someone wears a hoodie does not make them a hood lum. >> the member -- >> these words, show -- >> the chair must -- >> -- will require you, but to do justly -- may god
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bless trayvon martin's soul, his -- >> this member is no longer recognized. megyn: wow. congressional rules state that people are not allowed to wear hats when the house is in session. so that is apparently why congressman rush was asked to leave and was ajudged out of order in that sound bite. >> first, we will suspend the planned exploration of two locations off the coast of alaska. second, we will cancel the pending lease sale in the gulf of mexico and proposed peace sale off the coast of virginia. third, we will continue the existing moratorium and suspend the issuance of new permits to drill new deep water wells for six months. four, we will suspend action on 33 deep water exploratory wells currently being drilled in the gulf of mexico. megyn: well, that was president obama, shortly after the bp oil disaster,
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talking up a drilling moratorium in the gulf. but it turns out the recommendation for that moratorium was based on misleading information and house republicans are now demanding answers. our chief national correspondent jim angle is live with more in washington. jim. >> reporter: hello megyn. you're right republicans on the natural resources committee want subpoena toss find out what really happened on two key issues, one of them, the one you just mentioned, they charge that political appointees in the administration edited a report by a panel of engineering experts to make it appear they were recommending that drilling moratorium, you just heard the president talk about, when in fact lawmakers say the panel did not favor a moratorium, that they said just the opposite, that a moratorium would be economically damaging to the region. listen: >> in a case like this, where a request was made for documents about a report that was changed, was edited
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, to falsely reflect that a panel recommended the moratorium when it did not, that in a court would be called what appeared to be a fraud upon the court. >> reporter: now, on the second issue megyn, republicans are charging the obama administration tried to scuelch a report showing it would destroy jobs. and political appointees tried to get the firm that did the study to change its numbers and political appointees threatened the firm that did the study suggesting they not release the number of estimated job losses to anyone. they want subpoena power to get audio recordings that could make clear what happened. some say the rule will have far reaching effects in many states. >> the rewrite of the rule is part of the obama administration's multi-pronged war on the coal industry and could end up being the most
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destructive of their attack. >> reporter: now, megyn, republicans argue that will cause coal price toss rise, pushing up electricity prices in the midwest, especially in ohio which relies on coal for 90 percent of its power. and remember, this is something the president started off with early on, cap and trade, which was intended to drive up the prices as he put it, but that is something that did not pass congress. now people are suggesting he's trying cap and trade by other means. the ranking democrat on the committee, however, argued there is no need for subpoenas and dismissed the entire effort as being nothing more than politics. listen: >> using subpoenas to score political points in a policy dispute is inappropriate. subpoenas are a tool of last resort. not a weapon of political retort. >> reporter: and in any case, megyn, the committee voted in favor of issuing the subpoena, so we are likely to hear more about this in the months to come. megyn: he made a little
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rhyme, did you hear that? i like a sound bite that rhymes! thanks angle. >> >> reporter: i'll start working on that! >> megyn:on, is it just me? coming up, new warnings about what critics are calling the pc police. running riot in one of our country's biggest school districts. some big bad words like birthday and dinosaur. did you know how bad they were? they've now been banned from all tests because they can hurt feelings. i only wish that we were kidding. that's next. and, rising gas prices, leading to a rising anger, as a growing number of americans are upset at the president over this crisis. we'll see what that means for his reelection campaign. and, she won hearts as a bird brained blond in clueless but alicia silverstone is trying a bird-like idea that's got a lot of us freaked out, prechewing her son's food? the disturbing video of the -- that is sweeping the
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megyn: fox news alert on that jetblue incident. the company just formally suspended the pilot whose erratic behavior caused an emergency landing yesterday. clayton osbourne has an pilot at jetblue since 2000. the airline's first year of
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flying. the passenger said the pilot was yelling and acting unruly after being locked out of the cockpit by his copilot. coming up, we'll speck with one of the passengers who actually tackled this guy, along with an airline industry expert on how this is being handled and what's being done to ensure the mental security of our airline pilots. well, new questions today about censorship and what your children are learning in the classroom. the new york city school system is apparently looking to protect students' feelings, so it has instructed the companies that make the testing that comes to children in the school district to avoid certain words and topics in any of these written tests. the offensive language to be banned includes dinosaur. apparently people who don't believe in evolution might be offended, the school district believes. halloween, because it's rumored to support payingannism. birthday can no longer be mentioned on these exams.
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joe hova's witnesses don't celebrate birthday sos no one should know about it. dancing is a taboo word, unless it is ballet dancing, and computers, you can't mention computers if you're mentioning them in being in homes because of economic sensitivities. you can mention them in being used in schools and library, however. monica crowley, i mean, is this from the onion? are we being duped? here's a statement from the department of education here in new york that backs it up. so i guess it's real. >> i wish it were the onion, megyn. because then we could have a good laugh and say how absurd this is. unfortunately it's a department of education mandate from the new york city department of education saying you cannot use these words on tests, citywide, anywhere -- >> megyn: because they're a distraction. >> because it's a distraction, because of sensitivities, certain children might be offended because they can't afford the computer in the home, therefore seeing that word
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in that context on a test might insult them and make them feel bad about themselves. megyn: there's a couple of things here, there's the stuff that goes to your socioeconomic status and we can debate that, but the stuff about dinosaur? and slavery? you can't say slavery, so they're eliminating education about historical facts because they're worried it's going to upset somebody. >> that's where the real danger is. megyn: you can't talk about slavery in our city system? >> that's where the real problem is. you can have a good laugh about they're trying to eliminate the word birthday, which is absurd because everyone has one, versus taking dinosaur out, slavery out, real historical events that happened that our students should be learning about in context, understanding why it happened, why the dinosaurs or slavery no longer exists. by the way, when i was a kid in new jersey, going to school, they used to take us on field trips to the natural museum of history on
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72nd street to look at, what, dinosaurs. megyn: imagine how confused they would be if they had a field trip or when they get to president lincoln in the history looks. they're creating these gaps for the children. >> and it's the idea we're going to protect these kids so that they're not -- they're buffeted from the harsh realities of life. guess what? you can only do that so long. megyn: how many people do they have to get rid of the word birthday? joe hova's witnesses live in our world, they need to know what a birthday is and that the rest of the world tends to celebrate one. >> that's right. this is taking it so far. it's easy to laugh about it but it's getting dangerous because it's getting to the point where the states through the citywide school districts are making this as a mandate. the other thing that bothers me about this, megyn, we've seen over the last year and a half, certainly since the occupy wall street movement started a couple of months ago, you've seen this conversation about economic
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inequality, and it's one thing to have a political discussion about that, and presidential campaigns and so on, but when it starts seep going young kids and the curriculum in citywide school districts and systems, that's when you know you've got a real problem. megyn: because they caution against mentioning luxuries of any type, not to mention homelessness, they don't want mention of excessive tv or video game use, don't meetings that, and don't want a mention of homes with swimming pools they think that will upset people and don't want a mention of terrorism in new york city. these are kids -- some of these kids lost parents on 9/11 and you're not supposed to educate them on a test about the word terrorism. it's a regulation, so now that's that? >> the school district says this is what it's going to be. i'm surprised we haven't seen more parents, and we might see parents saying this is patently absurd. it's up to parents to decide how to teach their children in what context, it's not up to the school district to
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decide we're not going to use the word dinosaur. >> megyn: apparently it is. this is from the department of education spokesperson, this is standard language used by test publishers for many years and used our students to complete practice exams without distraction. so they're sticking to it. got to leave it at that. happy hmm hmm to you! happy hmm hmm -- >> this is what happens when you have a far left political agenda seeping into the childrens' curriculum. megyn: they're going to be confused when everybody dresses up in little outfits, happy -- thank you! see you monica. >> thank you. megyn: we're taking your thoughts on twitter, follow me, megyn kelly, the image -- coming up, the images used to tell the trayvon martin story, how did the media go from using these images in the killing by george zimmerman from using these of an older martin, and an older zimmerman, and
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does this change how people view the story? we'll take a look at what's behind this story. we get a firsthand account of the terror and chaos on board a jetblue flight as the captain suffers an apparent mid-air meltdown. we'll speak to one of the passengers who help restrain the captain. lori dew is here. >> he heard the word like they're going to bomb us, other people heard him say something about iraq and afghanistan. >> he started to talk about this is because of iraq and iran, and then i'm thinking that something wrong with him, even though he is the captain. [ donovan ] i hit a wall.
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megyn: back now to our fox news alert from a moment ago, the jetblue pilot who had an apparent mental breakdown mid air has been removed from active duty pending an investigation. this is cell phone video of passengers and flight attendants pinning down the captain of their flight,
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after they say he started yelling about a bomb and al-qaeda and telling them to say their prayers. the plane, forced to make an emergency landing in texas, instead of neag from new york to vegas. once on the ground the security personnel met the plane and you can see the pilot, taken to a medical facility. joining us is rob mark, editor of jet line.com and commercial pilot and bob babekidis, a passenger who help restrain the pilot and also a former nypd sergeant. paul, let me start with you. it's a very good thing you were on that flight and you are one of the men we're seeing in this video taking down the pilot, restraining him. just take us there. you're sitting on a flight, going from new york to vegas. what's your first sign of trouble on the flight? >> well, i have to tell you, it was a truly perilous situation where i initially observed a male white, approximately 6-foot three, 6-foot four, about 250 pounds physically fit,
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dart down the aisle toward the cockpit of the airline, of the airplane, and pounded on the door, demanding entry, and while he was demanding entry into the cockpit he's shouting something to the effect that bomb, open the door, they're going to get us, and at that point, i realized that, you know, this is not legitimate, this is not a legitimate call, there's something wrong here and my immediate thoughts were that perhaps it was a person that may have procured a jetblue uniform, who was using it as a route to break into the cockpit and take control of the airline. megyn: what made you step in and start to restrain a pilot? was it a call for help by the flight attendant? >> no, it was actually prior to that. i actually, based upon my observations and instincts, in training with the nypd, that it had all the tell tale signs of something that was not going very well, so i immediately went to the front of the cabin, which was in the middle -- right in the area of the gally,
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where instinctively, three other passengers also converged in that area. between the four of us, i made a quick assessment and decided that after grabbing this guy, who was totally physically fit, i mean -- >> megyn: you had to be somewhat terrified, paul, no? even with your police experience? >> it was a very scary situation, but in cases like this, this is where training and experience kick in. and again, cooperation with the other passengers, that we all had a great relationship where we were able to work in sync to get this person down on the ground, in a safe and effective and controlled manner, and to essentially hold him down on the ground for approximately 15 minutes until law enforcement personnel had boarded the flight and took custody, control of him. megyn: rob, you tell me, do they do mental health screenings either upon hiring and or thereafter for the pilots in the sky? >> well, they do.
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i mean, every airline that hires a commercial pilot does do a screening. while i couldn't give you the name of it right offhand, i mean, they are performed. but they're not performed on the annual physical that a pilot has to take every year there's really never been a need before to do anything like that. megyn: i mean, this copilot, it was the first officer who subdued, or who locked the captain, who was having trouble, out of the cockpit. but it didn't happen, paul, until three hours into the flight -- rob, this is actually for you. what does that tell you about what the first officer must have been going through? >> well, i know one question i did have for the media folks at jetblue, which i haven't back from them yet was how long this crew had been flying together because normally a captain and first officer are pared together for a month -- usually a month at a time. so if this was a new pairing and perhaps this was their first or second flight, it would be a little different than if they had been flying
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for weeks and maybe the first officer had been feeling really uncomfortable with this person. but either way, i mean, for the first officer to take this kind of action is absolutely unprecedented. i've never heard of a case like this before. but the first officer really took a risk for his job to do this, because if he had been wrong, i mean, it would have probably cost him his job. megyn: it could be a career ending decision. it could have an life or death decision that he made for you,o but for you paul and the people on your flight and i know you believe the copilot deserves a lot of credit. >> clearly he made a command decision. he needs to be greatly commended, as well as the jetblue personnel on that flight. they all tried to pitch in and do their very best to calm the situation and keep things in a calm and controlled fashion. megyn: how long were you holding the pilot in the aisle until the flight hand ed? >> -- landed? >> he was being contained on
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the ground for approximately 15 minutes. megyn: what was his demeanor? >> during the course of the time that he was on the ground, although i could not see his face, one of the other passengers was saying that he was beginning to foam from the mouth, and that i can tell you that as the wheels touched the tarmac, when the plane made the emergency landing, amarillo, texas, that he tried to break free from us, and he then started shouting "emergency landing, emergency landing", and again, using calming and control effect, we were able to comfort him and say no, it's not an emergency landing. it was a calming effect. megyn: your heart goes out to him. it does sound like he had a mental break, and it doesn't sound like there's an history of problems with him. thank you for your information, thank you for your, rob, your expertise as
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well. >> you're welcome. megyn: coming up, alicia silver stone became a superstar playing a bird brained blond in a hit comedy. not a lot of people are laughing at the newest on-screen performance. bizarre. hat rks more naturally with your colon than stulant laxatives, hat rks more naturally with your colon for effective relie of constation without cramps. thanks. good morning, students. today we're gonna continue...
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megyn: and now to a video gone viral of a hollywood star borrowing a parenting technique from a bird! these are pictures of alicia silverstein, the actress, chewing other baby's food and spiting it directly into his mouth. trace? why? >> reporter: it's -- i don't know! look at this. here's the thing, alicia silverstein, she's an actor, also a well-known animal rights activist and she posted this video on her website. she's proud of this. though she never does say exactly why she does it but you can see, she chews the
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food up, that's her son, bear and from her mouth she puts it directly into his mouth and all along, we don't have the natural sounds on this, i wish we did but all along she talks about what she's doing here and you can see the baby eats it right there. well, we went and decided to get a medical expert on this, our own a team's dr. marc siegl to find out not just about the ick factor but also the health factor in all this. listen: >> we carry thousands of different kinds of bacteria in our mouths. now, it is true that our saliva helps us to fight some of this off but it is not 100 percent, and you'd never know what bacteria you're carrying at any given time and a child, under the age of one, is particularly susceptible to bacteria. they don't have their immune defenses yet. >> reporter: and other doctors have said not only the bacteria, but they talk about the virus as well, the possible herpes virus, which like cold sores, which is common, if you're under the age of one it can be bad for
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an infant and psychological trauma, to boot, on top of that. alicia silverstein, by the way, throughout this thing never does give us a reason, exactly why she's doing this, but she's apparently proud of it because she posted it. >> megyn: i have have an 11 month old and i have a tip for alicia silverstone, unlike birds, they have arms, and they can grab the food and put it in their own mouth! it's a miracle! trace, thank you. i don't know. i'm a little freaked out by that. she's his mother, but what do you think? let me know on twit e. megyn kelly. we have a big story shaping up on gas prices today as we talk about releasing some of our strategic oil reserves. is that the answer? we'll have the details next. >> a good samaritan gives a lottery ticket to a stranger, so the good samaritan has won the lotto and gives it to a stranger and the ticket wins!
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what happened next lands in kelly's court. >> and open mike with -- open mic with the russian, what would have happened if president bush had done this? some key players, just ahead.
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i bathed it in miracles. director: [ when'the show? well, if we don't find an audience, all we'll ever do is rehearse. maybe you should try every door direct mail. just select the zip codes where you want your message to be seen, print it yourself, or we'll help you find a local partner and you find the customers that matter most. brilliant. clifton, show us overjoyed. no, too much. jennessa. ah!
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before you begin an aspirin regimen. so he's a success story... [ laughs ] he's my success story. [ male announcer ] learn how to protect your heart at i am proheart on facebook. megyn: new gas prices being set at the pumps. i'm megyn kelly. talks underway that could affect how much you will be paying at the pump. france considering tapping its oil reserves as part of a u.s. push to bring down gas prices. 2/3 of americans are fed up with how the president is handling this. some parts of the country seeing all-time highs including president obama's hometown of
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chicago. a price for a gallon of regular, $4.68 a gallon. the number of states with $4 gas averages has more than tripled over the past 2 1/2 weeks. on the list, hawaii, california, alaska, illinois, washington, connecticut, oregon, michigan and indiana. some of those are important in terms of the electoral college. chris stirewalt and stu varney join me. thank you very much for being here. stu, strategic oil reserves? >> first thing this morning the french energy minister announced the french have begun talks, discussions about releasing oil from their strategic reserve with america. 10 days ago america discussed
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with britain about releasing strategic oil reserves. it looks like there could be a coordinated effort to increase quickly the amount of oil on the market. so far it has worked. the price of oil just the whisper of releasing the supply from the reserve, the price of oil is down $2 a barrel, about $2.50 as we speak. megyn: i thought it wasn't a supply problem. >> reporter: it's a refining problem as well as a long-term supply problem. you get a mine year short-term reaction and the president can then turn round if he releases oil from the reserve can he can say i'm doing something and it worked. i'm on it. megyn: doing something is what it appears to be about. those polls suggest the american people rightly or wrongly are holding the administration accountable for these prices. >> sure.
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we have known at some point the strategic oil reserve will get tapped. it acts as a subsidy for drivers. it's something they can do. but when we see the anger on these polls you know this. the president has to do something. he has been trying for more than a month out in a swing state campaign pitch across the country talking about his energy policies and trying to reeducate voters why it's not his fault. when we see numbers like this it tells us it's just not working. megyn: here we are in march. the election is several months away. if president obama wants to release oil in our reofs or our -- from our reserves to drive down the price it's likely to go back up. shouldn't he be waiting? >> he's got to wait a little bit longer. that's why he's been doing this
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campaign swing talking about his energy policy base he's trying to buy himself time. the palliative effect of releasing oil from the strategic reserves is temporary. it dips for a moment then it goes back to where it was. he needs that dip at a time when independent voters are making up their minds. megyn: stu, put some context on that for us. when prices typically spike, when do they typically fall back down. i assume it many before november. >> it's not much before november because you have got the classic switch from the winter blend of gasoline to the summer blend of gasoline. generally speaking that switch adds 20 cents a gallon to a gallon of regular. you also have to look at the demand. one refinery in the northeast is scheduled to close in july. and if that happens prices in
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the northeast will spike very quickly. so you are looking at continued rises in the price of gasoline as we get into the summer, certainly after memorial day. megyn: gentlemen, thank you both so much. at this moment the u.s. supreme court is hearing the final piece of the oral arguments in an historic case that will determine the fate of president obama's healthcare law and it will affect the pockets books of tens of millions of americans. we are hearing questions about the performance of the obama administration's top lawyer defending the law. yesterday the solicitor general seemed to be caught off guard by some questions posed by some of the leading conservative justices. that's what the critics are saying. so much so that the administration put out a statement defending this guy.
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ed henry is live on this story. solicitor general is our top appellate organizer for the government. so when a law gets challenged it's his job to defend the law whether it's a good bad, an easy law to defend, a bad job to defend. >> reporter: he knew going in this would be a case that would be closely watched. the president's top domestic achievement was on the brink. there was a lot of preparation that went into this. given the criticism of his performance, the white house prides itself on saying we don't listen to the cable chatter. the fact that they put out a statement defending donald virrelli. they say he's an extraordinarily talented advocate. he ably and skill any represented the united states before the supreme court and we
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have every confidence he will continue to do so. what's interesting of course and what sparked this is in yesterday's oral argument conservative justice scalia raised this commonly cited issue of broccoli. there is a market for food so does that mean the government can force you to buy broccoli? an obvious analogy that's been out there. but donald virrilli didn't seem to have an answer, take a listen. >> you define the market as food therefore everybody tonight market and you can make people buy broccoli. >> no, that's quite different. the food market while it shares that trait that everybody is in it. it is not a market in which your participation is often unpredictable and involuntary. >> reporter: we heard harry reid say if the healthcare law
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goes down maybe that would be a good thing for democrats to push back and conservatives and say this conservative led court brought it down. but that's still an open question about whether it would be good politics or policy to have that signature achievement go down. we'll hear from a white house spokesman. the president has been traveling in south korea since this all came down. megyn: there is a left-leaning well-known commentator who criticized the solicitor general's perform answer. having argued in front of appellate courts and trial courts, it's tough on the lawyers. when the argument doesn't go well, it's easy to blame the guy standing there having to do it. it's quite another to be that person yourself. crews in colorado are hoping newly arrived reinforcements will help against a raging
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inferno. investigators look into whether a controlled burn may have sparked all this. there are reports of two deaths. dozens of homes destroyed, and we have dramatic cell phone video taken by a 13-year-old that shows him and his family's terrifying escape from what looks like a wall of flames closing in on them. >> daddy ... where's mom? what you stopping for? whoa! right here, right here. it's okay. we are out, we are out. we are out.
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megyn: that was incredible tape. we are told the family is okay today. dan springer has more in colorado. it's confer, colorado? >> reporter: 25 miles south and west of the denver. that was monday when the fire was raging behind this canyon behind me. the two dead we learned is an elderly couple. one body was found in the home, the other just outside. one woman who lives in the fire area is missing. her home was destroyed by the fire. the fire is at zero containment but that should change because the weather conditions have improved. the winds are light. the fire did not grow much yesterday. but the property loss is
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substantial. 23 homes damaged or destroyed. 2,500 homes have been evacuated and 6,500 have been put on evacuation notice. the national guard was put on activation yesterday. there are 450 firefighters and two air tankers and four helicopters doing their business today. yesterday it was all about protecting structures but today they hope to contain it. there is also an effort to find the missing woman. >> we have a search and rescue team here today. it's a 32-person team. they brought six dogs with them. they are colorado teams and they are going to be searching in that area starting at a location where the woman lived. >> reporter: officials say it appears to be a controlled burn done last thursday in a watersheds area. why would they do that during the driest march ever on record
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in denver. residents are upset. >> they set this fire. do you understand that? don't let them tell you it's mother nature. it's not it's a man-made fire set by jefferson county. >> reporter: we just got word that governor of colorado is talking about having a complete ban on controlled burns moving forward. back to you. megyn: i'm still not over that video. that was compelling, dan, thank you. new questions in connection with the media coverage of the trayvon martin shooting including how the media went from using these images of a young trayvon martin to showing these different images. we get the story behind the photo decisions in covering this controversy. plus if the questions have arised since president obama's open mike moment. would the fallout have been
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worse if this had been president bush instead of president obama? three players from the bush team will join us. ohh, no no no. i'm not having a heart attack, it's my head. this is made for pain. [ male announcer ] bayer advanced aspirin enters the bloodstream fast, and rushes extra strength relief to the sight of your pain. feel better? yeah...thanks for the tip!
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f. >> there is a significant school of thought that the administration is put in a better position for the election if it's turned down. i think it will be upheld. but i don't think -- again i think you are speculating. i think one thing that's important for the next few months is the economy. and there will be some people making an opinion based on the ruling of the court but a very small percentage. megyn: how a supreme court ruling against the healthcare law could affect president obama in november. harry reid suggesting the court
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striking count signature achievement could be a boost for democrats including the president in his reelection effort. joining me chris plante of the chris plante show and chris hahn. chris plante, they are washing the windows behind you in the d.c. bureau. they are camera shy. so people don't think we are getting ready to do do something with the ropes. james carville said this will be the best thing to happen to the democratic party if the healthcare law is struck down. do you believe so? >> listen, i believe there is no such thing as a moral victory or moral defeat. it's not good for the country or the president if this is struck down. i agree with senator reid that the economy will be the most important factor in the election. where we stand in october, late october, early november -- megyn: we are talking today
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about a supreme court victory or defeat and how that plays into this election. >> people who hate this bill aren't voting for the president no mat wear happens at the supreme court. they might be less inclined to be riled up if it gets struck down, but i don't think it plays that much of a factor in the next election whether it's upheld or not. if the supreme court uphold it it will settle the country somewhat. people who are wishy washy will come around to whatever the supreme court says on its constitutionality. >> chris was wrong about everything in there. we got the hat trick of wrong. if the people who don't like this bill who come out and vote, then the president is in big trouble. every poll shows 65%, 72% of americans think it's unconstitutional and think it should be overturned. democrats will use it to create
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bogeymen. they will blame it republicans, they will attack the republicans and sights as they see fit. but if the court brushes back the president on his signature achievement as president of the united states, and says the president overstepped his bound, that would be i think in my opinion good for republicans. i think that would be ideal for republicans because it proves that these guys go too far, their status, they don't care about the constitution. they do whatever they want. megyn: no matter how the court rules. one side is going to say it's an out off control judiciary. chris plante let me ask you. the position from some on the left is you are probably right. people who don't like the healthcare law, they are still going to be moved to vote against president obama. but the people who like the president, might they be more gal extra need and energized --
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could they be more galvanized to vote for barack obama reelection if they think the court has overstepped its bounds and taken away a law they like? >> the democrats and republicans will be motivated in this election. it could be very nasty. a lot of money spent on both sides. people will be motivated. the problem for republicans is their standard bearer is the guy who created this bill and advocated for it to be a national model as recently as 2009. i don't know how they get behind this guy as their nominee if healthcare and the constitutionality of an individual mandate is an issue. mitt romney created it along with the heritage foundation. megyn: on that front, chris plante, does it help mitt romney if he' the nominee if the
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supreme court strikes down healthcare and takes that out for now of the debate over the election, does it help or hurt romney in a fight against president obama? >> i think it's neutral. i think it cuts both ways. the democrats trying to demonize the republican nominee because he's close to obama on one of his signature issues, it seems to me it would allow democrats who are tired of the polarizing politics of this administration and independents to gravitate more easily over to romney. he's not a radical or extremist. but he agrees with barack obama on the signature. there is something called the 10th amendment and states rights. there is difference between a state and federal program. megyn: my apologies to chris
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plante for the weird rep hanging behind him. it's just the window washers. president obama was criticized by republicans but given a passs by the media. [ gasping ] [ elevator bell dings, coughing continues ] [ female announcer ] washington can't ignore the facts. more air pollution means more childhood asthma aacks. [ coughing continues ] log on to fightingforair.org and tell washington: don't weaken clean air protections.
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megyn: new details on the shooting death of trayvon martin. the investigation starting from scratch with a new special prosecutor appointed by the florida governor and investigators quietly reinterviewing witnesses and examining evidence. we are hearing questions about media coverage and different pictures that emerge of the two men involved. literally. trace? >> reporter: i just spoke with an expert in visual journalism.
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he says when a story first breakes it's fine to use the first pictures you get. but to use the pictures for weeks on end he says is irresponsible journalism. this picture of trayvon martin was given to local media and national media by the family spokesperson. it shows trayvon at 13 or 14 years old. the picture of george zimmerman is a 2005 mugshot for when he was arrested for resisting arrest. as the debate grew these were the primary images. then you move on to the new pictures it was conservative web sites that showed us the new pictures. they showed trayvon older. it shows george zimmerman, he got a suit and tie on because he's a mortgage analyst. the expert i spoke with in visual journalism says these
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recent pictures are fair and accurate. >> i think culpability on the media is high on this case to not ask for more contemporary and accurate photographs as opposed to continuing to restate the obvious which we know from the beginning is not a representation of the current trayvon martin. >> reporter: we got more pictures of trayvon martin. this was given to us by a friend. we have other pictures as well. this shows him recently before he was killed. none of the newer pictures of trayvon were given to us by the family spokesperson. we got them from a friend and the family of trayvon. the george zirmman also was not given to us by george zimmerman. megyn: new questions over an open-mike moment between president obama and russia's president. what would have happened if
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president bush had done that? andy card, dana perino and ed gillespie join us live for a terrific look at two presidents and one big question for our media about double standards, that's next. an act of goodwill landing in "kelly's court." a good snare and gives a lottery ticket to a stranger. everybody is happy until the ticket moves to be a winner. >> she gave the gift, right? i don't think she has any claim on it. >> i think she should split it. 
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megyn: fox news alert. now we wait. the healthcare hearings at the u.s. supreme court are officially over. the justices heard more than 6 hours of oral arguments over three days whether congress exceeded its authority when it required virtually all americans to purchase healthcare insurance. whether this law can stand if the individual mandate fails. now they get to work. the opinion is not expected until june. new fallout over that open-mike comment.
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president obama speaking with russian president medvedev. it raises the question what if president bush had been caught doing that. joining me, dana perino, former press secretary to george w. bush. and andy card, former chief of staff under president bush, and ed gillespie. form counselor to george w. bush. dana, it's been like fingernails on a chalk board for to you watch how the media reacts to president obama having his open mike comment when president obama bush had the following open mike comment with russia. watch president bush.
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coming. >> what they need to do is get hezbollah and syria to stop doing that [bleep] megyn: he dropped an "f" bomb. >> i remember the press corps went crazy because he dropped the "f" bomb. he was stalking about getting hezbollah and syria to stop attack innocent people. i can understand why some people think it was intentional. i personally don't. yesterday the front page of the "new york times" sort of referenced it. but obama's hot mike moment was page 14. with president bush it was everywhere. but president bush would have
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been delivering a different message to medvedev and putin if he had the chance. megyn: wait until i get reelected then things will change. i want to ask you about something that's been controversial in some circle, andy, but the question is whether it would have been more controversial if your administration did it. this administration says it's okay to kill terrorists if they deem it appropriate. al-awlaki *. >> some require the president is required to get permission from a federal court before taking action on a senior level al qaeda. this is simply not accurate. megyn: then they refuse to make public the legal justification
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for that decision. can you imagine if john ashcroft had done that? >> there are a lot of decisions the president is making right now that are inconsistent with what he would have challenged president bush to do when he was in the united states senate. there is a big difference between being a president and a senator. i'm sympathetic to a president using all of the authority under article 2 of the constitution. but president obama has not done a good job of living up to the expectations of the people who were to my left. he has, i think recognized the role of president is pretty tough and he has to make tough decisions. i support a strong article 2 interpretation. megyn: the question is, would the "new york times," would the left, the far left have been making a bigger deal about this fit was your guy, ashcroft or gonzalez or mukasey who said that instead of holder. >> there is no doubt's a double
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standard. the left-leaning media gave president obama a bye when they didn't give president bush any slack. but i do want a strong president. i also want the media to recognize being president is a tough job and i don't think that the second guessing that went on when president obama was senator rather than president would have been masked the way the cite sisms are masked today. megyn: we talked about the koch brothers and how this administration has gone after these republican donors. but the obama reelection campaign targeted them. if president bush had don't same to george soros what do you think the folks would have said about it? >> there would have been outrage. the fact that someone in the white house put out confidential tax information from the koch
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companies, how did they get it? the "new york times" would have foia requests. why did they make it public? you hardly even hear anything about this story. on the story about the open mike what's interesting is you saw the contrast in terms of the coverage relative to president bush. the placement of this story, and also the context of the story. the context of the story is republicans jump on president obama's comments. so it's a process story about republicans playing politics as opposed to the substance what the president said which is pretty striking. megyn: why is it this way? because we have a left-leaning mainstream media? >> it's hard to explain if you expect fairness and you grow up in a family that demanded fairness. but one of the great things i learned from president bush, as a conservative, as a republican
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you have to try so much harder and you have to expect that the stories are -- it's not going to be fair. do you remember when president bush was in china and he tried to go out of the room and the door was locked? the next day on the front page of the "new york times" there were five photographs above the fold of the different moments. president obama has had a few doozies like navy corpse-man. and the media lets it go. i don't understand it. i don't know whether they think they are being fair and they don't recognize it. megyn: does it gall you when you watch the different coverage of the gaffes or even the golf. the president has been out on the links 90 times. whereas president bush gave up golf saying he didn't feel right
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doing it in the midst of war. does it gall you to see the double standard? >> the double standard there is. it's not deniable. they are practicing a double standard. but i'm also troubled by president obama's statement to the president of russia because it appears he's planning to do something he doesn't want to talk to the american people about. if he's saying don't worry i'll be different after i get a second term than i appear to the public while i'm trying to earn that second term. i think it was cheating us of the democracy that we are speccing from our president. megyn: what are your recollections in terms of how -- president bush took a lot of incoming. did he have to have a thick skin for what he faced? does any president and does this president? >> president bush did have a thick skin. we'll leave it to history to
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judge his presidency. i think it will be judged well for his accomplishments. but from what i understand president obama has a thin skin. if you talk to reporters in the media, the way they are treat bid this white house. that's another thing that never would have happened in the bush white house and the media wouldn't have stood for the treatment they are getting. they are curlinged up like. you -- they are curled up like puppy dogs at the feet of this white house. it's sad to see in some ways. >> i think there has been some changes over the years in the press briefing room where you had a lot of institutional knowledge and some of the reporters who covered both administrations. all i know is early on right after we left the white house ed and i had this idea to buy a web site domain. ifbushhaddonethat.com. we should have don't, ed.
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>> can i make one other point? the white house is telegraphing today in a story if the supreme court rules against him on obama-care they are laying the ground work for an attack on the supreme court it's a political court, it's partisan. it's not legitimate. which is remarkable. it's not surprising given president obama in his state of the union attacked the supreme court in the chamber of the legislative branch and lost a recent court ruling over the exception over his administrationing policies. i predict that will be the story line. it won't be the constitutional lawyer president of the united states was overturned on his signature legislation about it supreme court of the united states. they are laying out a story line it's because the supreme court has unfortunately become a partisan entity. they tell graphed it today. let's watch and see how the
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media narrative comes out if that's the result. >> if bush had done that i know what the narrative would be. megyn: i'll book all of you on the air when we have a ruling on healthcare and we see what the reaction is one way other other. >> it was great to be with friend. thanks, megyn. megyn: how often do you see the three of them together? what do you think? let me know on twitter@megyn kelly. so happy she won the lottery and she decided to hand out money and extra slot toe tickets to people in the store. no good deed knows unpunished, next in "kelly's court." [ male announcer ] this was how my day began.
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megyn: women beach volleyball players will not have to wear bikinis. instead they can compete in shorts and tops with sleeves. they have exclusively born bikinis since the sport was introduced in 1966. the change was to encourage participation from countries that typically dress more modestly. an act of goodwill goes too far. a winning lottery ticket sold at this california convenience store. this woman bought the ticket. she had already won a million dollars in the lotto. and she was so happy she went back to the store and bought a bunch more tickets and started handing them out to people. she used most of her winning to pay off her medical bills. she was uninsured, she got a tumor. the point is, she went back, she
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hand out all these tickets. you can see her on the store surveillance video buying the tickets and handing them out to other people. one of them was the wish. the guy here comes back to the shore claiming his winnings of $250,000. but now emily has had a change of heart about her gift. joining me now to discuss it, mercedes colwin, and jonna spilbor. emily, she was so white, mercedes to go around -- i won a million and here is an extra ticket for you and you? it's a winner? it's mine. is that how it works? >> exactly right. what a sore loser. she should be so thankful she got a million dollars to begin with. it's one in 3 million that get to win lottos. how lucky is she? totally sore loser. she is giving out these tickets
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because as a winner she wants to take it back. i have got winning ticket from one of our colleagues. in the back it says you have got to sign it in order for you to be the holder. megyn: yours is not the winner, mine is the winner. how can this woman -- we have seen the video of her giving the tickets out. now she is claiming i didn't mean to. i was meaning to give out money and i unintentionally gave the ticket. she is giving tickets. >> in my own defense i took on this client before i saw this videotape. her version of the story is -- i gave him $100. he came in with a hard-luck story. i was so confused, i didn't mean to give him that one. if she is telling the truth, then the wing is hers. but this video sheds a different light on this suspect.
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megyn: maybe she'll argue these tickets weren't the winners. those she did give out intentionally. but when she got the homeless guy, that one was inadvertent. she finished with the gratuitous dispensation of the lottery tickets. this guy looks homeless, doesn't he? >> he doesn't look like he needs the $100. maybe he was trying to scam her. i guess she is a local celebrity at this convenience store because she won the $million. it would be hard to prove she didn't get that ticket. but if she did, that money is all hers. who wants to fight it? that will cost a ton of money to fight over this ticket. after lawyers fees they will be splitting what? megyn: they will do it anyway. there is sound from a with itness in the case after the
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megyn: apparently the lottery commission looked into this and said that they are not ready to make a judgment. even having seen this video. so mercedes, they think there is a mystery here. why? >> because look at what's being said. if what she claims, i inadvertently gave hip the ticket. that gift is null and void, it goes back to her. but even some of the lottery laws that talk about making sure you sign your lottery ticket. the lottery itself becomes the property of the individual who signs it and brings it over to reindictment. there are a lot of things that go into play. her intent versus the lottery
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law. if you buy a lottery ticket, first thing to do is seen it. make sure you do. that's who the holder of that lottery ticket is the owner. megyn: here is what i want to know from you. this woman is committing random acts of kindness, is known for purchasing tickets for people. beer for people. should she be penalized? shouldn't we take her at her word, she says, i did give some tickets away. i didn't mean to give this particular ticket away. i'm sorry the guy says otherwise but it just ain't so. >> i think we should take her at her word. the problem is does the lottery commission take her at her word or does have it to end up in a court of law? i believe her story, but i don't
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like the video. megyn: i don't like the video either if i'm her lawyer. >> maybe she purchased one on its own and then she started purchasing them? we have to spree wind the tape. megyn: the tape may not show the whole story. it often does not. jetblue ground a captain who had an outburst in the middle of a flight. the latest on the investigation on what caused him to sprint up the aisle of a plane by ranting about a bomb. 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. :
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>>megyn: all eyes on final four in new orleans but to the north the action is drawing fans, as well. these ladies got game. in minnesota it is the

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