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tv   America Live  FOX News  January 18, 2012 10:00am-12:00pm PST

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them to police. that's the good news. jon: i hope they gave them a nice reward! >> >> reporter: hope so. jen good samaritan of the day there. jon: not stuff you want out there. thank you for joining us. jenna: -mek live" starts right now. >> megyn: fox news alert. breaking new development necessary our growing tensions with iran, fox news is trying to confirm right now brand new reports that president obama has secretly reached out to iran's government, asking for direct talks. that comes after weeks of threats and counter threats between the u.s., iran and israel over iran's nuclear program. also in this letter, if it exists, the president reportedly warns iran's supreme leader, ayatollah company menie not to close -- khamenei not to close the strait of hormuz, this is coming from iranians who are saying president obama has done this in his, quote, secret letter. the white house, the state
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department, both of whom we've reached out to, not yet commenting. not yet commenting either way. not shooting it down, not confirming it. we're going to have a live report on this developing story coming up. if this is true, this is a significant news story in terms of our relationship with iran. we'll try to get to the bottom of it shortly, right here. another fox news alert from the campaign trail, with just three days to go until south carolina primary, newt gingrich enjoying new attention after a big debate performance and he could soon get a critical bounce, just when he needs it most. welcome to "america live" everyone! i'm megyn kelly. we've got a lot for you here at bubba's barbecue. newt gingrich holding a meet and greet with the voters there today. gingrich had an event last night, vowed to his supporters if he takes the primary in south carolina on saturday he will be the gop nominee. earlier this week, the
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former speaker fired up the crowd at our own fox news debate, getting a standing ovation for these remarks: >> i believe every american of every background has been endowed by their creator with the right to pursue happiness and if that makes liberals unhappy, i'm going continue to find ways to help poor people learn how to get a job, learn how to get a better job, and learn how someday to own the job. >> [applause] >> okay. when we come back -- they can't hear me but i'll talk to you! foreign policy -- >> megyn: could gingrich's debate performance propel him into the winner's circle when it comes to this saturday's south carolina primary? kreurs stierwalt is our digital politics editor and host of "power play" on fox news live.com. chris, the polls as we see them so far don't include a
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post-debate, you know, survey of the american -- of the americans, real clear politics has been in second place but that may not be the relevant thing to look to now. the buzz in terms of editor pages and online is progingrich now. do you think that moment could have really done something for him? >> well, you know, megyn, to be in the hall that the moment, i can tell you, it was like a canon shot in there. you could feel the energy explode in that hall. what newt gingrich does that republicans like is he articulates a conservative point of view in a way that they believe does honor and credit to their view. they believe they get pushed around by the establishment press, they believe they're thought of as somewhat intellectually inferior. when gingrich talks and says it in that way it makes them feel better about themselves and that renowns to his benefit. megyn: does this somehow erase or mitigate some of the damage and the negative talk that we've heard about newt since iowa, since in particular new hampshire when he abandoned his
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experiment of staying positive? >> well, to say, of course, that the former speaker's campaign has been uneven is something of an understatement. he's up, he's down, he's back and forth. but his timing here is pretty good. we're seeing some positive signs for him in the polls in south carolina, as well as nationally, some direction going the right way, and he could be timing this right. just as rick santorum experienced a surge at the right time in iowa, this could be a surge that helps gingrich, because it might take him into, if not a win in south carolina, a very close second to mitt romney down there. that in turn could keep this race going down into florida. megyn: but how does this change the dynamic, chris, becausesy in second in most of these polls in south carolina. does it need to be a very close second for gingrich to say i'm still in this? >> the most important thing for gingrich, the metric for gingrich on saturday in a very significant way is this, that he be closer to mitt romney than he is to rick santorum. he needs to show he's the
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clear not romney, that he has distanced himself from san tore ul and rick perry in a conservative state, that he's way out ahead of im and he's nipping at romney. he doesn't have to be tied with romney but at least nipping at him in order to make his argument which then gets him to florida as the top not romney and he can say okay, conservatives, unite behind me and let's go the distance with romney. megyn: he needs south carolina more to get rid of santorum and perry than he does to get rid of mitt, which isn't a realistic expectation. >> that's about right. megyn: all right chris, thank you. >> you betcha. megyn: on the subject of that standing ovation for newt gingrich on saturday night, that was one of only three times we have seen standing ovations at gop debates that we could find in our research, the last one, october 21st, 2007 at the fox news debate in florida. remember this? watch what happens when senator john mccain criticize then senator of new york hillary clinton who
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earmarks $1 million for a wed stock music fest museum. >> senator clinton tried to spend $1 million on the woodstock concert museum. now, my friends, i wasn't there, i'm sure it was a cultural and pharmaceutical event. [laughter] >> i was tied up at the time. but the fact is -- but the fact is -- >> megyn: remember that? if we let the video play, you would have seen the people stand. back in 1980, ronald reagan was holding a debate with george h. w. bush, the paper that hosted the debate was forced to withdraw its funding and perform reagan underwrote the entire debate himself after mr. bush declined to pay for half and here is what happened when the moderator then tried to cut short some remarks from mr. reagan: >> is it time?
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mr. green, you asked of me if you -- i am paying for this microphone! megyn: mr. gingrich believes that may have been a game changer for him the other night. indeed he was the only candidate to enter the post spin room to talk about his standing o after it happened at the fox news debate on monday night. will it be? we will find out this saturday, as bret baier and i join you live beginning at 6:00 p.m. for special coverage of the south carolina primary. >> overseas, rescue crews forced to abandon their efforts to find the missing from that doomed cruise ship off the coast of italy, the reason that they have suspended their search is because the ship has shifted raising concerns it could actually plunge much deeper
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into the sea. this thing is tetering on the edge of a cliff right now, underwater. unbelievable. we'll have much more, a live report from the region shortly. well, the northwest, getting hit with extreme weather. one heavy snowfall is rare in seattle but ready or not, there are now two storms bearing down, expected to drop up to 8 inches. that's equal to their annual average. annual average. and across the region, travel will be treacherous. these storms may be among the area's worst since the 1940s. dan springer is live in seattle with more. hi dan. >> reporter: yeah, megyn, to think that people in seattle were complaining about how dry this winter was, about a week ago. well, complainso on complaints answered. we're getting pounded about a storm and it's not just here in seattle, it's all and down the pacific northwest from portland up to the canadian border, talking about six, # inches here in seattle, and 4 feet of snow in the mountains. it's a widespread storm, and
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we're right in the middle of it. it started snowing here about six hours ago and it's supposed to go all day long. now, people have been prepared for this because the national weather service has been talking about this for days. so most people are staying home, dozens of school districts are closed, dozens of flights were canceled, the courts and other nonemergency government offices are closed as you might expect. over 100 snow plows and salt trucks are on the roads right now. there have been a lot of accidents but nothing like you might expect, because most people are staying off the roads, unless they are on a sled like brett hawkins and his son. >> we're going to keep sledding down, get hot chocolate, sled down, get more hot chocolate, sled down, get more hot chocolate. >> my girlfriend, i told her i'd give her a ride. i'm going find my way up there and help her out. >> there's no way you're getting up in this car. >> there's a tiny route over there, it's a very slow way to get up the hill. it's what i've done for
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years. >> reporter: that hill he's talking about? right behind me. closed off now by police. only sledders, no cars. down in portland, they got 2-4 inches of snow overnight, that has been turned over to rain, it's warming up down there, that's the good news. we're also expect thank to happen here in seattle, sometime tomorrow. that will mit gat the damage because we had a massive storm in 20 08, a lot of snow, but then it turned very cold, so all that turned to ice. not going to happen this time. it's going to turn to rain tomorrow. they're expecting 100-mile an hour winds along the coast of oregon. we're not out of this yet. a full day of snow here in seattle. lots of problems but again, lots of people staying home, avoiding the problems they would have if they were on the road. megyn, back to you. megyn: it's 1:10 in the east, the snow ebdz at 3:00 p.m., if you can get yourself a sled and dough gown that -- go down that road, we'll watch you live dan springer! >> we'll do it! >> megyn: we look forward to that. it's like you got to enjoy
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the snow. you got the weather mess, the traffic mess, the winds to worry about but there's an upside to snow. take it from a girl that lived in syracuse and albany all other lifeo her life. >> we have breaking news on the keystone pipeline project, thousands of jobs and millions of barrels of oil in the balance. we'll have the news for you three minutes away. >> this iranian student shot and killed in houston. did her protest against her government have anything to do with that? we'll have the latest in this developing case. is the government on the fast track to change what you do on the internet? the reason why some major websites are going black today. plus, a 66-year-old snowshoer, lost on a mountain during a blizzard with no food or shelter. we'll show you how he sur vised, two days stranded in the freezing temperatures. >> everyone just looked at each other like our jaws just dropped. we really couldn't believe it. that's good morning, veggie style.
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hmmm. for half the calories plus veggie nutrition. could've had a v8.
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megyn: fox news alert on the keystone pipeline, a project at the center of a heated and national debate. this pipeline was slated to run from canada to the u.s. gulf, bringing thousands of jobs and millions of barrels of oil in the process, but it became controversial because some environmentalists suggested there could be an accident, it could pollute the water supply, et cetera. new reports now say that the state department is expected to strike down the controversial project sometime today. meantime, we're also hearing canada may reapply to build the pipeline along a different route. we will have more on this story as it develops right here. well, if you've been on the internet today you may have noticed the protests. congress is considering new rules for the internet. rules that could affect just about every popular website you visit. a website known as google, look at it today. it's one of the biggest opponents to the proposed bill and it's blacking out its logo on the home page in
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protest of this bill, wikipedia shuttering entire english version of its website. newscorp, our parent company, thinks some antipiracy regulations are badly need, so does most of the motion picture association of america and other groups that are in the movie business, but some in congress have reservations. joining pe now is chairman of the house government reform committee, congressman from california, darrell issa. mr. chairman, thank you very much for being here. this is an interesting issue, because you've got websites that people love line like google and wikipedia saying you can't do this, it's basically going to stop us from being able to operate if you put these antipiracy regulations on us, we can't comply with them and still serve the applicable and you've got very powerful companies like our parent, newscorp and other big film companies saying you can't allow it, we're losing billions of dollars a year thanks to piracy, what we want you to do is shut down access by people to the foreign websites that make our films and so on available for free. where do you stand on it sir? >> well, you know, this is
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one of those fortunate things in politics, if you look at the picture properly. i'm with both sides, and you can be with both sides. you can agree that in, in fact, foreign piracy and the money they get out of america needs to be shut down and shut down for good, and it needs to be a constant vigil against them starting up in other places and at the same time, you can recognize that the innovation and the employment and the wealth that has come out of the internet far exceeds that of the motion picture association and many of these other groups combined. so what you try to find is something like the open act, which is being dropped today, but it's been online and available for the public to mark up for more than four weeks, that narrowly finds a way to target foreign sites, provide injunctions and shut off the money, while at the same time, protecting against intrusion into freedom that we've all enjoyed on the internet. the proponents of sofa, bill that's being protested today, certainly would like something that allowed for
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private causes of action, which is another name for suing, money damages and the like. i think those of us who are trying to find the appropriate middle realize that we don't really want to open something to the plaintiff trial lawyers, we want to have something that shuts down these foreign sites, stops them from getting the money but at the same time, doesn't go any further than that for now, for a good reason. if we can stop piracy and still leave the internet much more free and open we're doing the right thing, and remember, we complained incredibly when foreign countries tried to limit access, for example, to twitter or facebook or google in some suchs -- such countries as china. we complained. we can't shutting down sites because they're 1 percent or 2 percent found to have something wrong on them. we've got to be more narrow. we're getting there. megyn: it's not just wrong, it's illegal. it's illegal to go and download a film for free that you're supposed to have to pay for, and that's why -- what they're saying, this is the chamber of commerce
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and i could mention -- >> well, the chamber of commerce -- >> megyn: pretty finish the point. i'll give you the floor, i just want to finish the point. they say it costs $250 billion a year for the industry, and it costs the industry, they claim, 750,000 jobs, which is why they say people should care, because most people like movies, they like free movies, maybe we don't like crime but they like a free movie. they say you should care because it's costing jobs in the united states. >> of course you should care and we're not arguing about the problem. the problem is real. the fix is the problem. under sopa, the big being protested today, sopa and pipa is the other name for it in the senate, these bills would allow the plaintiffs' lawyers to go crazy, it would force shutting down, it would cause sites to be taken down, people to be denied their livelihood before they ever got their day in court. there are lots and lots of flaws in the bill. more importantly, if you want to shut down foreign sites, you first have to start by figuring out where they get their revenue from,
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because you can't go to russia and shut them down under any piece of legislation we're going to pass in america. what you have to do is have a technique to quickly determine that they're doing it and then go to visa, mastercard, pay pal, with injunctions to be able to say stop shipping money to these people for their joan load -- download. very quickly, if they can't profit from the internet, they're not going to be doing it. it was proven in internet gaming this is the technique, it's why we're promoting a fix, that the internet agrees with, and that the comp head industry would get what they want protection from. remember, this -- you can still sue them. megyn: here's what i want to know. if you succeed in going after the folks offering the boot legged products, what's next? the handbags on the the streets here on the corners of new york city? because a lot of us really like those, like the gucci bags, we like to believe it's real and not stolen! >> here's the case in the gunn -- gucci bags or the
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false medicine, using the court we're proposing under the open act we seize countless amounts of goods. it's very clear some get through. it's very clear they continue to sell. you're not going to get rid of total piracy but the technique we've used at our ports of entry for years, that seizes a tremendous amount of that, does make a difference. right now, the itc is catching far more that's getting through. on the internet we believe we can dry up 90-95 percent of all the money. that saves 90-95 percent of the money being lost by rupert murdoch, but all of the people who have such an investment in content. megyn: well, there's a lot of concerns to balance. >> absolutely. megyn: but do you have freedom of speech on the other end. congressman, got to run, thank you for being here, all the best to you sir. >> thank you very much. megyn: you shouldn't buy those, because they're not -- it's not right! fell off the back of a truck just going to leave it at
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that. coming up, some new punches being thrown in a fight between the white house and former speaker of the house. newt gingrich accusing president obama of being the country's greatest food stamp president, the president's spokesperson calling that crazy. we'll debate it fair and balanced. >> how would you like to stay young and beautiful for decades? a possibility on a real life fountain of youth. after your dishcloth? bounty extra soft can help. it's super durable, and in this lab test bounty extra soft leaves this surface three times cleaner than a dishcloth. even with just one sheet. super clean. super soft. bounty extra soft. in the pink pack. and try bounty napkins. 8% every 10 years.age 40, we can start losing muscle -- wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor.
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mig don't feel envy over those beautiful, fit young women! you, too, could be one of them! or fit young guy, depending upon the case. it could be a major scientific breakthrough.
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dr. siegl says it's so. researchers say they may have discovered a new road map to the fountain of youth and say the secret could be hidden inside of all of us. dr. marc siegl is a member of our fox news medical a team and professor of medicine at nyu medical center. they don't often and you out on assignments and you don't often get excited about miracle in a jar but you are excited about this. what's the deal? we're going to live forever now, look like those young gill's snow. >> we're not there yet megyn but i'm excited about it. we traveled to the university of pittsburgh school of medicine and we found they're taking not embryonic stem cells but adult cells, immature cells that haven't become muscle and injecting them from very young nice into prematurely aging mice and get this, they lived two or three times longer than they were expected to. and a lot of their diseases were gone. and not only that, the cells produced a substance which the scientists called factor x, the mysterious factor x that worked on different bartz of a body, on the
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brain, on the bone, on mutuals, where they didn't expect it to work. thropb dr. lauren nedenhoffer, one of the lead researchers. listen to how she describes it. >> my hope is the work we've conduct mice can someday be translated into humans so that we can use adult stem cells to individuals to help them live healthier, happier lives so that we can use their cells to stave off many of the aging-related diseases that they fear, osteoporosis, or loss of muscle, or cognition. >> reporter: megyn, she told me that she wished she had banked her stem cells as a child so she would have them when she got to be older. this is amazing stuff. megyn: love that. but i want to ask you this: how old is too old? like we're not in our 20s anymore. should i be going to some bank and banking my stem cells right now, because even though i'm no spring chicken, i'll take 40 stem cells when i'm 80.
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>> megyn, you are a spring chicken but i'm thinking about your children, what they can do later on and i think factor x could lead to a pill that people will be able to take when they're a lot older. let's listen to johnny hueeur describe factor x and what he thinks about it. >> i'm a dreamer and this is what we do, we do science because we think that we can improve quality of life of patients by doing study. basic science research, to try to understand, and when we understand that, then we can make -- maybe we can provide factor x and use this in a pill somehow that can be used to decrease the signs of aging. >> he's a dreaming and i'm dreaming along with him. i think this is going to be big. women are next. megyn: how are we supposed to bank our stem cells? you can go down to the blood bank and say can you take some stem cells out and sock them away? >> right now you save
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umbilical cells when you have a child. i really unable that. but the kind of stem cells, muscle, it's your muscle cells, it's years from being able to bank that. in 3-5 years i think you're going to save these cells and we're going to do something like get a factor x out of them. this is cutting edge stuff. megyn: that is incredible. hope you're right, doc! >> good to see you. megyn: how great would that stph-b coming up, a truly scareo scenario involve thank wrecked cruise ship. you see the boat resting in shallow water. what you don't see beneath the water is this thing is literally on the edge of a very steep cliff, and if it starts to slide, it could spill a half million gallons of fuel into the water. the desperate race -- look at the graphic. desperate race to head that off, just ahead. >> new details in the mysterious death of an iranian student activist in texas, shot while sitting inside of her own car. did her protests against her government have anything to
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do with her death? and mohammed ali, truly the greatest, the world paying its respects as he turns 70. we'll take a look back at the most thrilling moments of his life and career. >> 15 times i've told the crowd he's going tkaoupbd this ain't no different, he'll fall at eight to prove that i'm great. [ male announcer ] if you think tylenol is the pain reliever orthopedic doctors recommend most for arthritis pain, think again. and take aleve. it's the one doctors recommend most for arthritis pain... two pills can last all day. ♪ or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.
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megyn: fox news alert now on
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a developing story in texas. police just held a news conference on the mysterious deadly shooting of an iranian student activist. an unknown gunman, killing the 30-year-old scientist, shooting her through the passenger side window of her car at close range, just outside of her texas home. trace gallagher has an update live from our west coast newsroom. trace. >> reporter: we're going to play you some of that news conference in a moment megyn, but police are really baffled by this, the woman is 30-year-old jalara badrazeda, an iranian scientist, a med student in this country and founder of saab houston, a local iranian group that would often protest for regime change in iran. also a very outspoken supporter for women's rights in iran. she was only a few hundred yards away from her home when she was driving down the street and the police say she was talking on the phone to her ex-boyfriend. someone, either walked up or run up to the passenger side window of her car and fired
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one fatal shot inside. here is the woman now who was actually with the ex-boyfriend who was on the phone at the time. listen to her: >> next thing i know, he told me that she screamed for her life and he heard like the tires screeching on her car, then there was silence. >> reporter: the car, as you saw in the pictures earlier, smashed into that garage. by the time the police arrived on scene the wheels were actually still spinning but police are investigating whether this was a random attack or whether she was targeted. listen: >> that's one of the questions, did she have any enemies, was there anyone that had just threatened her prior to the incident. we want to know about those type of things because we want to talk to any suspects that may have threatened her. >> reporter: we mentioned she was on the phone with the ex-boyfriend. he has been interviewed, not considered a suspect. they are in the process of
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interviewing the current boyfriend, as well, and they have already checked out the surveillance videotape in the neighborhood, and they say they do not see her car in that surveillance camera at all. so that is not going to help him. right now, they have very few leads to go on megynful megyn: that's unfortunate. trace, thank you. it's newt gingrich versus the white house round two, the former speaker touching off a new fight on monday by defending his claim that president obama is, quote, the food stamp president. that did not sit well with the administration. here is mr. gingrich, and then white house spokesman jay carney: >> that more people have been put on food stamps by barack obama than any president in american history. now, i believe every american of every background has been endowed by their creator with the right to pursue happiness, and if that makes liberals unhappy,
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i'm going to continue to find ways to help poor people learn how to get a job, learn how to get a better job, and learn someday to own the job! >> [applause] >> when this president took the oath of office in january 2009, our economy was in freefall. we were hemorrhaging jobs at the rate of nearly 800,000 a month. the economy was contracting or had contracted in the previous quarter. the last quarter of president bush's term in office. by nearly 9 percent. >> that was true in january 2009, and in the three years since then, it's been obama's polices which have weakened the economy, crippled american energy and put americans on food stamps. megyn: joining me now, monica crowley, fox news contributor and sally cohen, also now a fox news contributor. welcome to the team officially sally! i know you very well by now. monica, let me start with you on that point that gingrich was making, he seems to be trying to say that the administration
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cannot blame the uptick in food stamp dependency on president bush anymore. fair? >> that's right, he said look, you can probably do that in the first few months of the obama administration, because the recession kicked in actually in the latter part of 2007, but at this point, what newt is saying is this administration took a bad economy and made it so much worse, with polices that have really oppressed job creation, suppressed economic growth, to the point where people cannot find jobs. and also, one thing he didn't say, which is the extension of unemployment benefits, to 99 weeks and so on, you know how the situation in america is, megyn, where you have record numbers of people not just on food stamp, 46348, but record numbers of people on at least one or more social welfare programs, and that's a direct result of the obama administration. megyn: sally, you do have record numbers of americans on food stamps, the number has more than doubled from 2008 to 20 # one. forty-four million americans. but the question is why, and
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whether attacks like that could backfire politically because those 44.7 million americans, are they going to be -- are they going to like that message, they're holding them up as an example of people who are too dependent upon government. a lot of the folks fell on hard times. >> that's right. there's a couple of things going on here. we should parse it out. i'm confused with what monica said here. on both sides of the aisle we can agree we have a jobs problem. look, the economy continuing to lose 3.2 million jobs in the first six months of the obama administration, given, and since then -- and since then, it has gained 1.2 million private sector jobs. period. but look, there are still millions of americans who are out of work. we both agree that the -- that's a travesty. look, let's be clear who the people are on food stamp, hard working people that lost their jobs in a bad economy, they're trying to put -- >> most are people who lost their jobs, most were formerly -- formerly middle
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class, most are white and most of them, what are you going to do, you'd rather have them starve in thank god the food stamp program is there to help people who -- >> megyn: but my question was just whether people would be offended that he is sort of making them a political prop. >> what he is doing is making a bigger point, there was significant job creation going on in the spring of 2010 where every month you had a couple hundred thousand jobs created which now we look at those numbers and say holy cow, that's terrific, 300,000 jobs a month. what happens in late spring of 2010? omabacare was passed. from that moment on, literally, job creation came to a screeching halt. >> wow. >> it's not just omabacare, it's every element of the obama administration's economic polices from the regulations through the epa, to the bailouts of the auto industry. things that should not have been done, because it's massive government intervention, it's actually thrown the brakes on an american economy that normally would be on a rocket path of growth and
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job creation. so you really have to take a look at the democrats' agenda and say the dependency and expanding the base of people dependent upon the government is what they're all about. >> see, again -- >> that's the entire objective. >> monica, with all due respect, it's apels and oranges. in other words, every time you go to look for a job there are 5-6 other people in line for that job, food stamp, unemployment benefits, these are helping keep families from starving and that'sing like -- and losing their homes. >> but the criticism of the food stamp program, it's the policy. >> i want to be clear -- right. first of all i love when you blame health care reform which hasn't even gone into effect yet. putting that aside, what newt gingrich is trying to do and it's no small accident he did this in the south is play into our existing prejudices. he's trying to draw up those prejudices to drive a wedge between voters. what he says -- when he says obama is a food stamp president, that's code word for saying government dependency and we're trying to give up -- give a free
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ride to pour people and people of color even though most people on food stamps are white. >> it's race? >> it is -- i'm sorry, it is race baiting. it's the same thing, trying to portray welfare queens in the '80s under reagan. it's a certain narrative of saying look, government is trying to help poor people, as opposed to acknowledges that food stamps and unemployment benefits are helping the middle class. >> megyn: i'll let you respond. but for the viewers in south carolina, one beneficiary out of every five residents is on food stamp, in florida, the number of benefit fares -- beneficiaries has doubled. so there are those affected tpwheu in south carolina and florida. i don't know whether that plays into his calculation or not. >> to play the race card on a simple fact that you now have a record of people on food stamps, a record number of people on social welfare programs and the bigger point megyn is that the role of government is not to create this culture of dependency and victimhood,
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which is what the democratic party is all about, the role of government is to get out of the way and allow people to prosper, allow job creation to happen, create that vine hrerpbt and this administration has done the exact opposite with the result that you have record numbers of people on food stamps. megyn: i got to run out. it's an interesting shift starbgting the conversation about president obama as opposed to the other guys on on the stage. >> coming up, iran claims president obama has requested direct talks with iran's supreme leader. is this true? we're live to the white house, top of the hour. and in three minutes the new worry with this wrecked cruise ship. there is a big storm headed to the area, and the ship is sitting right now on the edge of a steep cliff. this is very precarious. if it starts to slide, we could be talking about half a million gallons of fuel in the water. in three minutes, how they hope to stop that disaster. wake up!
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ecological disaster unfolding off the coast of italy, italian government raising concerns the wrecked cruise ship may start to slide off the cliff it's sitting on and sink below the surface. ght now that ship is in about 45 feet of water but if it tips over the edge, there is a big worry it could start to spill more than half a million gallons of fuel. steve arusa is director of the international association of rescue specialists, emergency response team. steve, thank you for being here. so what we can't really see in the picture, in the actual, you know, live picture that we've been looking at is it is on the edge, this ship is -- it's a weird place for the ship to have capsized because it's literally on a steep cliff, and what's to prevent the ship from going over that cliff and potentially spilling that fuel? >> it's really at the mercy of the weather and inside dynamics and the balance of the ship and the shifting debris inside. the risk management of this operation is enormous. the risk profile for the
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divers that are actually diving and trying to recover loved ones is almost unimaginable. so at sometime during the operation, you're going to have to monitor the integrity of the vessel, you're going to have to monitor the weather, you're going to have to monitor the movement of the vessel and keep in mind the divers with in zero visibility doing dives that require heavy physical exertion, penetrational dives, they don't have direct access to the surface and debris constantly inside and damage, things that they have to negotiate that can entrap a diver. so it's almost becoming unimaginable for divers at this point. megyn: that's why last night, they were ordered, these divers were, to evacuate the ship after they said the ship moved. it moved 3 feet sideways, and there is a real concern about how far 's going to move and whether it's going to go over the edge. i mean, what can be done, if you know, steve, to stop that from happening? can you tether it, can you -- it's so enormous, but it's relatively close to land on the other side. >> it's almost impossible to
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stabilize a vehicle like that. if they had the ability to stabilize it, they would have done so a long time ago. it's enormous. keep in mind that the ocean is relentless and unpredictal and it's not going -- it's impossible to manage. so the decision to remove the divers is a good one. now you've got to worry about property. and also you've got to worry about the families. you've got to have someone with those families to manage the fact that recovering their loved ones may take longer than anticipated and also, you've got to deal with the environmental impact of that fuel spilling out and you've got to bring resources in, to be able to manage that, should that fuel escape the vessel. megyn: we have a beautiful shot of the d.c. bureau as you're talking. bear with me -- sometimes tech tphopblgical research isn't always with us. i want to ask you about the oil, the fuel, because people are worried about that if this ship falters, if it goes over the side of this cliff, they're worried about the fuel, and they're worried about it giving in
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to the pounding of the ocean and stability of the ship even where it is now. do the divers contend with that, how so, who can go in and secure that fuel? >> well, the oil company should have resources to respond to the scene and hopefully offload that fuel off of that cruise ship. the challenge is the amount of damage. and is that ship stable enough for them to get their equipment and do they have access with all that damage to the fuel cell toss remove it. it's very dynamic, it's very risky. then you've got the weather that plays a part in it. megyn: i just want to tell our viewers, we talked about the captain who was ordered to get back on board that ship, today he's claiming the reason he wasn't on the ship is because he just fell into one of the life boats! he was trying to save people but he just fell into one of the life boats! steve, thank you sir. >> you're welcome. megyn: coming up, lost in a blizzard for two days, freezing temperature, no food, no shelter, but two days later he walked out
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alive. how he with did -- how he did it in three minutes. >> plus the first lawsuit has been filed in the wake of a woman's tragic death after being trapped in the elevator doors in new york city. can the repair company be criminally prosecuted if the elevator fails? they're talking about it and it's on the docket in kelly's court. [ sniffs ] i have a cold. [ sniffs ] i took dayquil but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your runny nose. [ deep breath] awesome. [ male announcer ] yes, it is. that's the cold truth!
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megyn: we're getting new details today on a dramatic story of survival. this 66-year-old man was missing in a remote area of mount reneir in washington state during the height of a blizzard, with single digit wind chills he had no food, no shelter, but two days later he walked out alive, and now wants everyone to know how he did it. trace gallagher, tphr-fbg l.a. trace. >> reporter: the big headline of this story,
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megyn, is that kh*upb kim is one tough dude. he was actually out lead ago pack of snow skiers on mount reneir, he was the most experienced one but somehow got lost and separated. these pictures were taken by him before he slipped and fell down a slope into a deep snow bank and because the other snowshoers were inexperienced they couldn't really tell rescuers where he had fallen off so for the next two days the 66-year-old was stuck in deep snow, in temperatures well below freezing. he was only ewinned -- equipped for a day trip, nothing at night, but he did are fire starters, so he start add fire, burned leaves at first and after he ran out of leaves he burned what was was in his wallet, including the money, he used a tree to cover himself at night, he walked around as much as possible and here's the key, he kept dreaming of taking a sauna with his wife and he says that's what kept him warm. even after he was located two days later, it was so
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treacherous, it took them nine hours to get him out but when he got out he was in such good condition, megyn, he didn't even go to the hospital. listen: >> mr. kim, mr. kim, i said who are you, you know? then the good people -- >> we were kind of bracing for bad news and but then miracle! and i mean, there was just -- when i called my mom, i called and there were cheers everywhere in the woman, so it was just happiness, pure happiness. >> everyone was cheering. by the way, you heard mr. kim say i love the forest rangers. he served in south korean army back in vietnam. very tough character. mig mig look at these picture, look how happy he is? thinking about his wife. that explains everything! >> right! >> good for him and good for those rescue workers, trace, thank you. >> okay. megyn: wow! we've seen iran flexing its military muscles for weeks now, and now there are new reports that the white house
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has requested direct talks with iran's supreme leader. we'll go live to the white house in three minutes. plus a powerful story of a 24-year-old marine who lost his life going way and -- way above and beyond and how his country just said thank you. >> thanks. >> there will always be kind of an empty place, a sad place. when you have diabetes...
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megyn: a fox news alert on what may be new u.s. efforts to avert an armed showdown with iran. just days after iran threatens to shut down the straits of hormuz, there is word that the president obama sent a letter to the ayatollah khomeini for direct talks.
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senior white house foreign affairs correspondent wendall goler is live at the white house with an update. >> reporter: u.s. officials won't confirm the letter here at the white house or state department. iranian officials say it consists of half warnings and half an offer for dialogue. the warnings in response to iran's threats to close the strait of hormuz which was a reaction to u.s. sanctions that cut into iran's oil sales. the letter suggests if there was room for dialogue iran hasn't done close to what it would take to make that happen. president obama said he was looking for opportunities for face to face * dialogue with the iranians and that country, but his aides say iran's own actions are working against talks.
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mr. obama repeated the call for dialogue in 2010. by last year he had pretty much given up. the state department spokesman says the chance for talks is still there if iran will profits nuclear program is peaceful. >> if you iran are prepared to engage seriously and come clean about your nuclear program and demonstrate to the world you have no military intent, we remain open to engagement, the choice is iran's. >> reporter: mr. obama was forced by congress to support a substantial embargo and iranian oil. his aides say that's what caused them to lose a quarter or more of their national income. the u.s. has sent teams around the world to talk with leaders about how to reduce their dependence on foreign oil. the u.s. is talking with the
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saudis to make up any shortage and recent increases in the price of oil suggests the industry doesn't believe that will happen. megyn: talk about sending a message. after iran captured a u.s. drone, president obama calls on the iranians to give back the aircraft and tehran now agrees sort of. the country of iran said it is getting ready to send back a toy version of the drone. a toy maker setting aside a pink one for the president. in five minutes we'll speak to the former ambassador to the united nations. and to the campaign trail now, mitt romney's presidential campaign facing a potential new challenge. former massachusetts governor romney admitting he pays about a 15% tax rate which is lower than
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the average american. so now his rivals are demanding to see his income tax returns. and they are making this an issue as the south carolina primary draws near. joining me is brit hume. romney come out today and perhaps in advance of the release of these tax returns which he was pressed on at the fox news debate and said i pay about a 15 per rate. already this has some folks up in arms because a lot of americans pay much more than that. put it in perspective for us. >> reporter: the first thing about it is the 15% rate is the standard rate for income earned from investments. there is nothing improper about it let alone illegal. and i don't think it's going to worry many republicans that mitt romney has a lost investment income. that's one of the things republicans believe in. necessity believe in investment and they believe it should be taxed at a low rate.
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it could be ammunition for the obama campaign as we go forward in this race. and the other thing the romney campaign has to be concerned about is it becomes a distraction. look how much news got made by this. i don't know what mitt romney's message of yesterday was, but we know what the headlines are. so this is where a campaign must make a judge to the do whatever it takes to make something stop or whether you don't want to get too deep into it. my view is he ought to announce a date when he's going do it and do it on that date and probably the sooner the better. it's my guess it shows he gives a lot of money away. that might even help him. megyn: the reason they tax capital gains at 15% is they want to encourage investment. but does the average american care about that or do they just
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hear that rich guy is paying a 15% rate and i'm paying 20% or 25% a and some americans are paying 35% on actual income. do they split the hairs like that? >> reporter: what you are describing is the law. and remember now he's running in a republican primary. republicans sympathize with investors. they are worried bin investment. i don't think this will hurt him with a great many republican voters. you say the average american. before all is said and done he will be looking to average americans to support him and by that time, by the time he gets to that phase of the year if he gets there, obviously he will need to have to have something to say to them. if his taxes are on the up and up an gives away a lot of money and he's paying the legal rate dshts on thing that i think would hurt him is his argument for tax rates, for regular
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income as opposed to investment income is what he's now saying 25%. a lot of people think that's a little high for a republican. so he might do well to advocate a higher tax rate. that might -- megyn: new concerns about the uptick of deadly violence in philadelphia. a 23-year-old, a recent college grad beaten to death over the weekend near the liberty bell. he's one of 20 victims this year coming on the heels of mayor michael nutter's firey comments about the exploding murder rates. >> their little butts should have been in bed, getting ready for bed or doing homework. the least you can do is know where the hell your kids are. >> reporter: that area of
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independence hall and liberty bell is an area called the old city. 2:30 in the morning. if he was walk out with his girlfriend and a friend of his girlfriend trying to hail a cab and the cab wouldn't stop. he began yelling at the cab driver. the car behind the cab thought he was yelling at them. they walked up and literally beat him to death. there are were others passing by, but nobody stopped. >> how you watch someone get pummeled to death on the sidewalk in front of you -- he's my 23-year-old son. there were passers by and they did nothing. how can people do that? >> reporter: they are looking for four suspects because there was a driver of that car as well. there is surveillance video but they say it's not very good.
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the 20th murder in philadelphia so far this year. the mayor sent out this tweet. he said, maybe you missed it, i'm providing leadership. i need people to stop killing each other at my decks or in the street. that's tame in comparison to the comment he made toward criminals last week. >> you want to act like an idiot and be a [bleep] and be a low life in this town we'll track you down like the dog that you are, catch you and you will be subject to every possible penalty that the law allows. >> reporter: he has also taken to twitter to try to find suspects for the crime against kevin. they have little to go on despite the fact that there were witnesses and passersby. megyn: new reports from iran. that country claims our president is trying to reach out directly, sending quota secret
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letter to iran's supreme leader. lockdown at the white house after a smoke boys tossed over the fence. who is behind it and where the president was when the scary situation unfold. muhammad ali turning 70. >> i predict the fight won't go the distance. wake up! that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition. could've had a v8.
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i want to go on a road trip. when i grow up, i'm going to go there. i want to fix up old houses. [ female announcer ] at aarp we believe you're never done growing. i want to fall in love again. [ female announcer ] discover what's next in your life. g this free travel bag when you join at aarp.org/jointoday. megyn: we are learning more now about the frightening scene at the white house. someone tossed a smoke bomb over the fence while at the occupy congress march. no arrests or injuries were
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reported. president obama and the first lady were at dinner at the time celebrating mrs. obama's birthday. news coming out of rwanda as iran is claiming president obama sent a secret letter requesting direct talks with the supreme leader of iran. when asked moment ago about this. white house spokesman jay carney did not deny hose reports and defense secretary leon panetta made this statement. >> obviously, you know, we have always made clear what our policies are with regard to iran. both in terms of their not obtaining a nuclear weapon and not closing the straits of hormuz. our goal has always been to make very clear that we would hope that any differences that we have and concerns we have can be
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peacefully resolved and done through international laws and international rules. we abide by those international laws and international rules, we hope iran would do the same. as far as communications we have channels in which we deal with the iranians and we continue to use those channels. megyn: joining me now ambassador dan gillerman. welcome back to the program. want to get your reaction to that news notably not denied by the defense secretary or the white house that president obama sent a quote secret letter to the iranian leader asking for direct talks. >> hi, megyn, it's good to be with you again. you just mentioned the america celebrating who hammed a ali's 70th birthday. if this were a heavyweight
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boxing match, i think the iranians would by now not heading for a knockout. at the end of the day they are throwing punches and the united states is writing letters. but this is not a boxing match or even a movie it's a horror movie with a very unhappy even soon to be seen in a theater near you where iran is getting nearer, nearer every day to possessing nuclear weapons and the leader of the free world is not taking the necessary steps to stop it and now we hear asking for talks. talking with the iranians is playing into their hand. they are masters at fooling the world. at pandering, at wasting time and playing for time. if this letter is answered by their agreement to talk, we'll have nothing but additional time
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wasted and more time for the iranians to develop that deadly program which would pose a threat to the whole international community, to civilization as we not, not just to israel. megyn: four years ago when barack obama was running for the presidency he ran against hillary clinton. he was asked in a debate what he would do with respect to iran and other nations that are controversial and he said he would speak to them without preconditions in his first year in office, direct talks. obviously this is not his first year in office and we don't know if this letter wants preconditions. but at the time hillary clinton called him irresponsible and frankly naive. she says there is a danger in doing this and the president of the united states being used for propaganda. did she have a valid point? >> i think secretary clinton
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certainly has a valid point. unfortunately in the over three years since the president of the united states has rightly or wrongly portrayed a weak america and created the perception of a weak american president, an american president whose ally are not sure they can trust and whose enemies feel they can manipulate. we see it in our region and we see sit with the behavior of countries like turkey and iran, countries that would not behaste way they do if they felt america was strong and the bond between america and israel is as strong as ever. and i think it's a dangerous and ugly world we live in. even the perception of weakness is very dangerous. the leader of the free world should be respected if not feared, and should not be put in a position where his weakness is
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being manipulated. i feel what we are witnessing today, this is true and this letter has been sent -- is another sign of weakness. you don't deal with a regime with a fundamental extreme islamic regime which has declared it wants to wipe israel off the map and wants indeed to create havoc and perpetrate terror all over the world by writing letters. you do it by fight sanctions, you go for the oil and the central bank and you make sure all other options are exhausts, you will use every possible avenue in order to make sure iran does not acquire a nuclear weapon. i do not think the iranians today feel there is a strong president and a strong america that they have to take into account. i think they are playing with america. what you just said about sending
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a toy plane is just another example. they think the president of the united states is a child who should get a toy plane instead of the drone, we are in big, big trouble. megyn: thank you for your perspective, all the best. there is new finger pointing after a deadly elevator accident here in new york city. is the elevator repair company at fault and should the folks who run it be behind the bars. that's in today's "kelly's court." a 20-year-old marine making the ultimate sacrifice in afghanistan to save the lives of his entire the squad. his heroic actions right after the break. >> heart bigger than life. generous. these are the word and praises used by fellow marines to describe and character sies him.
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megyn: a dramatic story of heroism above and beyond the call of dudey. daniel hogan was killed in afghanistan after saving the lives his squad. his actions earning him the highest honor, the navy cross. >> reporter: his squad says his heart was bigger than life. he volunteered to take a metal detector out to look for explosives. he spot a tight screen on a road. he hurled his body at a fellow marine, knock him down. he then got warning his other marines to get back. they did, the bomb went off,
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killing corporal hogan. the marines wanted to recommend he get the silver star but the secretary of the navy said he deserves the navy cross. his actions placed him among the finest and bravest all marines. here are corporal hogan's parents. >> you gave my son the opportunity to fulfill a lifelong dream. >> so many future dreams that are unable to be realized. >> reporter: that ceremony was held at camp pendleton in front of a barracks that will be named after corporal donald hogan. his parents said his whole life he said he wanted nothing more than to become a marine, and he
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died a heroic marine indeed. megyn: he served them well and his country well. there is a political film that claims to be about mitt romney's time at bain capital. but some of the people featured in this movie are saying they were taken grossly out of context. they join us next to tell us what really happened. and they don't call him the greatest for nothing. a look at world heavyweight champ muhammad ali's greatest moments as he celebrates the big 7-0. >> 15 times i said what round he will be going down. there he is, poised to discover plum amazins, the amazing alternative to raisins and cranberries with more fiber, less sugar, and a way better glycemic index. he's clearly enjoying one of the planet's most amazing superfruits. hey, keep it down mate, you'll wake the kids.
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woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this?
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[ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. megyn: new information about what went on behind the scenes in the making of the movie "king of bain." it was paid for by the newt gingrich super pac, wing our future. it paints the picture of a corporate raider out for his own prove it. now two people in the film are speak out. they say their statement were taken grossly out of context.
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here is a clip featuring my next guest. >> and then at the very end, they decided to shut the doors. i was scared. very scared. shortly after that in december of '07 my daughter was diagnosed with leukemia. that is one of the things we worried about is dropping our insurance and going out on our own and not having understand with a job was really scary. >> romney and bain gutted the workforce and now they were ready to make a handsome profit. >> we were --
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>> romney and bain's sale to the canadians left behind a trail of wreckage. >> i'm convinced if you want to create job it helps to have had a job. i have had jobs and i'll use that experience to help america. >> no matter how much they already had, they could never get enough money. >> for an economy to thrive there are a lot of people who will suffer as a result of that. >> for tracy, their brush with bain nearlier to their family apart. >> we didn't have any income and it was stressful and took a toll on our marriage. >> our whole lifestyle changed.
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you were making this much, now you are making this much. megyn: the joneses both worked at unimac, that was the company they were talking about and they were featured in this movie "king of bain." let me start with you since we saw you and your wife last. it wasn't newt gingrich's super pac that made the movie, they bought it from a filmmaker who was the one who found you. were you told this was about mitt romney or bain capital? >> no, ma'am, they said it was a documentary about u. s-corporations taking over small businesses in the u.s. megyn: they talk about how bain capital and mitt romney which made commercial washing machines nearlier to your family apart. that's one of the issues you take umbrage with.
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why? >> we weren't talking about bain or mitt romney when we were discussing that. we were talking about me and my partner was going out on our own to start our own business, and that's when it was getting stressful. megyn: years later after bain sold the company, and mitt romney had nothing to do with bain, and you were talking about having the fear of not having insurance and that the clip they played? >> yes, ma'am. your experience at unimac once bain took over. did you lose your job in did you take a pay cut? >> when bain took over actually everybody at the company received raise.when they took over. and i actually went through probably two promotions while they was under bain. megyn: do you have any issue with the way bain behaved once it bought unimac?
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>> no, ma'am. megyn: that clip of you, mike, is heartbreak. you talk about how they shut the doors and your daughter got leukemia and you didn't have insurance. did that happen when bain owned unimac? >> absolutely not, megyn. it was a time period after bain hat sold us to the ontario teachers pension fund. and like tommy said, we were discussing the end of the time period just before they closed the doors. bain didn't even onus at that point. and we were discussing and talking about and we were skirt going out on our own, not having insurance, almost the same thing that tommy was just talking about with his family, and that where we were flat that interview. megyn: when you were complaining about the risks of not having insurance, you were not saying
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anything about bain, you were talking about entrepreneurship and what the future held to you. did you make that clear to the filmmaker? >> absolutely. i think they were clear about it. i think they did not want to use it as we were stating it, and decided to turn it around towards bain. we hadn't -- we had no idea this was about bain. megyn: how but, mike, did the filmmaker suggest to you in any way this an attack on mitt romney, on bain capital, did you say i have got real issues with bain capital and what happened once they bought my company? >> absolutely not. i think you hear me say bain once in the movie. and i was simply describing us going through the time periods where we were sold from unimac to alliant. and ratheon. then to bain. and then to the teachers company. and they actually took the last part off. they only talked -- they cut me
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off after i said bain. that was the on time i mentioned bain. other than that we had no idea it was about mitt romney or bain. megyn: you have issues the way they made it look. there is a scene where they show you holding a tissue. you believe they were trying to make it look like you were crying. you say you were not crying. you want to give some context to that as well. there it is. >> it was extremely hot in the room, and i don't know if they did that intentionally or not. about it was hot, and i was actually wiping sweat from my brow. i tend to sweat more than most people anyway. and it did appear -- and everybody that watched it has asked me if i was crying at that point. and they led that into talking about my daughter getting leukemia and us then losing our jobs or what have you. megyn: one of the things the guy who bought it at newt gingrich's
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pac, it's not gingrich. one of his justifications was, he says they are standing by the film. they are going review it. he says he was complaining legitimately about how they had to rush and how the product once bain took over, there was pressure on the sales force to do their work so fast that the washing machines sometimes parts were included. he's pointing to your portion of that interview. let me show the portion of the interview and then i want to give you a chance to respond to that. >> soy would have to hurry faster through your work, and the quality was going down. it got to a point where we would run out of parts trying to push so many out, that sometimes we would send a machine out without a part on it. megyn: so this guy tyler who is defending this movie says this piece was legitimate.
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you did accuse bain of cheapening the quality of your products. do you admit that that's what you were saying in that clip? >> that wasn't pointing towards bain, that was after we became family oriented from unimac and ratheon took us over, that's when we started seeing they wanted more numbers because they just wanted the bottom line. so we did hurry through our work. it was from unimac to ratheon then to bain and the teachers union. it started from when it was a family oriented company. megyn: how do you feel -- when you saw this film and you saw the way this was portrayed, how did you feel? >> it makes you very angry that you can do something and somebody else can turn it all the way around. megyn: mike? >> i agree. it's very frustrating.
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we had no idea this was going to be used for something like this. political or non-political. but it hurts us, and that's why we want to let the american people know that it's something that they shouldn't be looking at as when they make these decisions about mitt romney and newt gingrich. megyn: i know you thought you were participating in a film about corporations buying factories. have either of you made up your mind who you are supporting in the presidential race? >> i have not. >> i'm leaning towards mitt romney right now. but i'm still going to wait until he gets down here to florida and continue to watch the debates and so forth. but i have done a lot of research and i'm leaning towards mitt. megyn: we appreciate both of you being here. all the best to you. we are taking your thoughts on it at kelly@fox news.
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>> put him in the hospital. he's never been stopped. i'm so great. oh, i'm so great. i'm going to make it so good, all these hypocrites. you can't call it a fix. i'm so pretty. megyn: there are many in the sports world that lay claim to being the greatest, but there is on one who has truly earned the title. former heavyweight boxing champ muhammad ali turns 70 today. trace? >> reporter: you know, anybody over the age of 30 has their favorite muhammad ali moment. for me it was back in 1974 with george foreman, the rumble in theun je. foreman was the huge favorites. ali played the rope-a-dope man
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the 12th round shocked the world when he came out and knocked george foreman out. it was followed by the thriller in ma nilla. joe frazier. muhammad ali won that fight as well. he was one of the greatest heavyweights in an era of great heavyweights. though he was also highly controversial. he was known for controversial statements on politics and social issues. this is joe frazier and muhammad ali going back and 40s in 1971. remember this statement? >> me and other so-called negroes go 10,000 miles from home to drop bombs and bullets on other innocents brown people.
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and i will say directly no. i will not go. >> reporter: they took his title because of that. he was diagnosed with parkinson's in 1984. you see the champ right there. all kinds of sports writers who covered him for many many years. listen. >> i worked at sports i will straitds and happened to cover boxing. i was lucky enough to have probably the greatest subject anyone could dream of at the height of his career. >> reporter: when you look back at those old pictures can't you hear the voice of howard cosell? he would say "down goes frazier." megyn: birthday was yesterday. happy birthday to muhammad ali. a woman crushed by an elevator in her new york office building.
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investigators looking at the elevator maintenance company with respect to possible criminal charges. is that possible? "kelly's court" is next. >> when i was opening the door we hear bang. then i hear screaming and people started running. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! ♪[music plays]
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megyn: "kelly's court" is back in session. a woman in new york city killed after she was trapped in the doors of an elevator in her new york city office building. now the district attorney has opened up a criminal investigation. focus is on the electrical work done on the elevator that day. and there is a question now about whether the maintenance company can and should be held criminally responsible for the death of suzanne hart. joining me now lis weihl and jonna spilbor. obviously there is going to be a
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civil lawsuit about it family of the victim. i want to talk about two things. the manhattan d.a. is investigating this maintenance company criminally, possible manslaughter charges and the first civil lawsuit by one of the two people who were in the elevator when this poor woman lost their life and they were severely traumatized. can they go after this maintenance company criminally? >> it will depend on the facts that come out. if the prosecution can show they were reckless, a reckless disregard for human beings here. what they would have to show is the maintenance worker himself or the maintenance company knew what they were doing was shoddy. maybe they were trying to cover up records, covering up their tracks. we know there were two violations of elevators in that
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very same building. megyn: i read it was 11 violations. there were two that were horrendous. one of them was going around repairs needed to be done, trying to skip certain things. skip safety measures. the other was there was a pulley not going the right way. i don't know much about elevators but i know you have to have that pulley going up and down. trying to save money, trying to be greedy. if that maintenance worker who was working on that very elevator a few hours before she got into that fateful ride. megyn: you have to prove recklessness, that means you have to engage in conduct that contributes to an unjustifiable risk. you have to do it consciously and the nature of the risk has to be a gross deviation from the
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standard of care. might they have it? >> that can be a very fine line. if somebody acts stupidly. they by pass something. they overlook something. they are lazy, they are in a rush. and then an zercht this nature happens, you cannot get to that reckless fresh hold. if to the other than the investigation shows perhaps somebody was in a hurry and knew if they flipped switch a instead of switch b, something could happen, then we have a big problem. >> you can obviously understand if an elevator maintenance company doesn't do its job, a fatality can result. megyn: i don't know if you can seat way this woman died. but they are going to argue foreseeability? this is such a freak oh turns? >> foreseeability, the damage and death, but the cause -- you
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don't have to show they could see the 12 minutes after mr. maintenance man finished that this horrible accident would happen in this way. what they have to show is that the injury resulting here in death was at least foreseeable. they should have known. [ male annouer ] juice drink too watery? ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8. :
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megyn: jonna, let me ask you. this woman was in the elevator when this happened. she filed a lawsuit against the owner of the building, the ad firm in which this happened and the company that did the repair work. does it have a chance? >> she is going to claim they inflicted emotional distress on her as a passenger notice elevator. new york is not crazy about
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these bystander lawsuits. but given the gruesome nature of the way this victim died, she probably stand a chance the collect. she was on top of the events. she was right there. megyn: they have some settle with this woman. and the other male passenger. they were in the elevator with the remains of this poor victim. >> if there are criminal charges brought that will bolster her case. megyn: how do you get at the building? or the firm? >> now we are talking civil. we are not talking recklessness, but negligence, if they knew or should have known the company had all these violations and were doing shoddy work. that could rise to the level of negligence and she could go after the deep pockets in that company.
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the issue will be damages. are there physical manifestations much that emotional distress. megyn: she claims she can no longer ride in an elevator. a lot of these claims are b.s. on their face. what kind of a payday could she be looking at? >> she could be looking at a large payday given the gruesome nature of this. it's not going to be that she can't ride an elevator. but she could be suffering for a long time. >> she is going to have to document all those. but i think this is a righteous case. megyn: last hour dan springer made us a promise and in three minutes he delivers. i've worked hard to build my family.
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