there. jim angle is live in washington with a full report. jim? >> reporter: yeah, megyn. as you know, after the shootings in tucson there was a cry that political rhetoric was responsible for the shootings, a notion for which there was no evidence and even dismissed by president obama. nevertheless, everyone came together and called for a more civil discourse in politics. but in the health care debate, some democratic lawmakers have been unable or unwilling to embrace that call. listen. >> i will just say to you, this is about saving lives. jobs are very important. we've created jobs. but even the title of their legislation, h.r. 2, job killing? this is killing americans if we take this bill away, if we repeal this bill. >> reporter: now, the republicans left job killing in the title of their appeal bill but softened their remarks instead saying the bill destroys jobs, staying away from the term killing. one democrat, as you indicated, megyn, used nazi references to describe republican arguments in the debate. listen. >> they say it's a government takeover of health care, a big lie just like goebbels. you say it enough, you repeat the lie, you repeat the lie, you repeat the lie, and eventually, people believe it. like blood libel. that's the same kind of thing. the germans said enough about the jews and the people believed it, and you had the holocaust. you tell a lie over and over again. and we've heard it on this floor; government takeover of health care. >> reporter: now, jewish groups criticized cohen's remarks saying his arguments had essentially trivialized the holocaust. the national directer of the anti-defamation league said no matter how strong one's objections to any policy, invoking the holocaust and the nazi effort to external that it the jewish people is offensive and has no place in civil, political discourse. and foxman went on to urge all members to congress to, quote, reject such odious comparisons. so, megyn, a rocky start on that new push for civility. megyn: there are calls for congressman cohen to apologize. so far it's not happening. >> reporter: well, he's been talking about, as you indicated earlier, that he was misinterpreted, he was only talking about the republicans' arguments and so forth. it looks like jewish groups along with republicans will be pushing for a little more of an apology than he's given so far. megyn: yeah. we'll see. he had some rather strong responses to the criticism. jim, thanks so much. live in d.c. so is this really the end of civility on capitol hill, a week after civility just began? and how are democrats responding to the backlash? so far radio silence from the white house on this issue which has yet to respond to congressman cohen's comments, but coming up we'll talk with richard sock cree tease, what does he think of the comments and the congressman's response which i will read to you in further detail. he doesn't seem to be backing down. he's talking about, well, i'll read it to you in full when richard comes up in about ten minutes. fox news alert, alarming new details about the financial toll of illegal immigration on the local level. the los angeles county supervisor finding that county taxpayers shelled out $600 million last year on welfare services and benefits for the children of illegal immigrants. but the numbers soared to more than $3.6 billion -- $1.6 billion when he counted the welfare costs and services for all illegals in the county, and that number does not even include education. those staggering costs are just for one county, for one state, a state that happens to be, basically, broke. stu van think is my guest now. that is staggering. that's a big number for a state that can't afford it and, nonetheless, what are you going to do? >> the sheer size, the size of that number is, as you say, staggering. $600 million in welfare benefits to the children of illegal immigrants in one county in one year. and as you say, expand that out, the cost of all illegals in that one county in one year is $1.6 billion. now consider the source. this is not some right of-wing or left-wing crazy group out there picking a number out of thin air. this is michael antonovich, a 0-year l.a. county supervisor. reliable source, massive number. and remember that that county, that city is broke. the state is broke. you cannot pay this money, but you must pay it. megyn: well, but the argument is what are you going to do, we're talking about babies, toddlers, little kids who did not have any say in the fact that their parents took them across that border illegally. are you going to say, you don't get to eat, you don't get any welfare benefits because you have a parent who broke the law? >> fair point. now, you're raising the moral issue and the issue of illegal immigration. megyn: because when you talk about it just in the abstract without thinking about a little 1-year-old going hungry and not having food, it's easy to decide the issue. it's when you think of the moral consequences that it gets tougher. >> point well taken. i approach this, however, from the financial point of view. we're looking at the finances of california state and los angeles itself, the city thereof. just follow this through. who is going to pay this hundred? you think you should be paying it, got it. who is going to pay this money? they're broke. who's going to pay? if are we now going to ask the taxpayers of missouri or texas or maine to bail out and pay for these welfare costs incurred by the sons and daughters of illegals in this california which is broke? isn't there morality there? is it moral to ask the people of maine to pay this kind of money to those people there in that situationsome. megyn: well, and there's also a question about, you know, what other cuts they'll have to make if they do pay this bill. >> yes. megyn: already or we were talking about how medicaid is getting cut in certain states because they're facing budget shortfalls, and that also helps protect children who are not of privilege. >> former mayor of los angeles told me this morning that he expects, indeed he welcomes, a bankruptcy declaration in los angeles within three years and that currently there are more than 40 children in each class in the public schools of los angeles. and that's going to rise. it's 61 kids per teacher, per class. in detroit it's going to get to 50, odds are, in los angeles. talk to me about the morality of that. megyn: yeah. >> who pays? where are the cuts made if you're going to pay out this money to this group of people? megyn: it's been -- we've seen this theme emerge so much in the context of illegal immigration and the discussion talking about because this is a compassionate nation that does take care of its own, and we we've been takig care of folks who aren't necessarily, quote, our own, because we are compassionate. yet the argument is the more we do that, the more incentive there is for people to cross the border illegally, and we downward spiral into financial areas we can't handle. >> 1.6 billion in this one county per year? astonishing amount of money. megyn: all right, stu. thank you. >> sure. megyn: well, chilling testimony in the trial of a former tv executive accused of beheading his wife. the children of i think it's asia hassan taking the stand this their father's murder trial. trace gallagher has the latest from our west coast newsroom. trace? >> reporter: this was riveting testimony for the prosecution, megyn. his 19-year-old son, his 20-year-old daughter both testifying their father was intimidating and abusive. the son saying he had seen his father abuse hi stepmother -- his stepmother a number of times, and the daughter talked about finding her stepmother one day covered in the blood. the prosecution says he lured his wife to the tv station they owned. this is the same television station, by the way, that they founded to counter negative images of muslims after 9/11. that he snuck up behind her at the tv station and be stabbed her 40 times before beheading her. while his older and younger children sat outside in a mini van waiting for their stepmom to come out. listen. >> the defendant sawed asia's head off with such force that he left long knife marks on the tiles underneath her. >> reporter: now, the defense said that hassan does not deny killing his wife, but that he did it in self-defense, that she had pulled knives on him many times and that he attacked her to save his own life. listen. >> the marriage of mo and asia hassan was a sad, unhealthy relationship. it ended with mo hassan in fear of his very life. >> reporter: asia hassan had a restraining order against her husband, megyn, and the police had been out to their home for domestic violence calls on a number of occasions. by the way, that television station is still on the air today. megyn: that is a disturbing story, trace. thank you. >> reporter: it is. okay. megyn: well, they are the big public employee unions that helped put president obama in the white house, but now one top democratic pollster is warning very publicly either the democratic party move away from these unions, or the party will pay a very big price. our power panel weighs in on that. plus, it is being called the largest mob arrest in history. who are these guys and how did the feds manage to carry out the massive sweep? we're going to have details for you next. plus, a truck crashes into a house in massachusetts, and wait until you hear what the driver was trying to do that caused the near-deadly accident. >> i heard a loud bang, and i looked over, and there was a pickup truck heading straight for me. and as soon as i heard the noise and he got -- i dove back into my truck, and he just missed me by, like, a foot. 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[ both ] ♪ oh what a relief it is! to stay fit, need it! you might also want to try lifting one of these. a unique sea salt added to over 40 campbell's condensed soups. helps us reduce sodium, but not flavor. so do a few lifts. campbell's.® it's amazing what soup can do.™ megyn: 127 suspected mobsters are behind bars today. they are facing charges this one of the largest half ya crackdowns -- mafia crackdowns in fbi history. attorney general eric holder saying that today's arrests send a strong message to organized crime. >> in our fight against organized crime, the justice department is targeting federal resources and working with our state and local law enforcement partners like never before. we are committed, and we are determined to eradicate these criminal enterprises once and for all and to bring their members to justice. megyn: eric shawn is live here in our new york city newsroom with more. >> reporter: well, megyn, they all got pinched, the largest roundup of mafia bad guys in the history nabbed in the northeast from seven of the major american crime families. you know, just when terrorism cases seem to e eclipse traditional organized crime prosecutions, so many suspects were arrested this morning they had to be processed in a gym at a brooklyn army base, their faces not shown, presumably, because they are innocent. among those, the 83-year-old former boss of new england's crime family, the entire leadership of new york's colombo crime family and the late john gotti's con cigly yea ri. alleged crimes range from extortion to murder to drug trafficking going back decades. attorney general eric holder flew to new york to make the announcement. >> now, today's arrests mark an important and encouraging step forward in disrupting la cosa nostra's operations. but the reality is that our battle against organized crime enterprises is far from over. this is an ongoing effort, and it must and will remain a top priority for all of us in law enforcement. >> reporter: and among those arrested, get a load of their alleged mob nicknames, megyn. frank "meatball" bellatoni: >> reporter: this just comes days after reputed underboss john sonny franchese was hit with an 8-year prison sentence for extortion. he can get out when he turns 100. among today's charges is one in which two men were shot and killed in this a bar over a spill bed drink -- spilled drink. so it is not like the way hollywood shows i us. megyn: bummer to be the one they called jell-o, right? you want to be, i don't know, prime rib or even meatball's better than that. >> reporter: some of the names. megyn: t-bone, that's a good one. anyway, the mafia has been a fascination in this country from the beginning and continues to be. thank you. well, she's never let her kids have a sleepover, play date or get anything less than an a on their report card. she would tear her hair out if they come home with a-st. she says she knows of a better way of parenting, so what does her children's father think about this? tiger mom's husband joins me live to talk about the death threats his wife is now getting as well as his own hugely-popular new book. did you know that the husband is also a law school professor and a very well known author? he joins me live. plus, the obama administration signals a big reversal on trying some of the world's e most dangerous men, including self-professed 9/11 mastermind khalid sheikh mohammed. and so much for playing nice on capitol hill. after the tragedy in tucson and the call from the president for more civility, one lawmaker a week later comparing the gop to nazis. that's the charge. richard sock' tease on the intense rhetoric surrounding the house's vote to repeal the health care law. that's right after this break. >> they say it's a government takeover of health care, a big lie. you repeat the lie, you repeat the lie, you repeat the lie, and eventually people believe it. like blood libel, that's the same kind of thing. the germans said enough about the jews, and the people believed it, and you had the holocaust. when did you get smart about your digestive health? when my stomach couldn't wait 14 days for slow acting yogurt. plumsmart is clinically proven to help regulate your digestion with a unique blend of prebiotic fiber, magnesium and potassium. try clinically proven plumsmart and plumsmart light. megyn: well, a week after president obama calls for more civility in washington, congressman steve cohen, a democrat from tennessee, had these words for republicans trying to repeal the health care law. >> they say it's a government takeover of health care, a big lie, just like goebbels. you say it enough, you repeat the lie, you repeat the lie, you repeat the lie, and can eventually people believe it. like blood libel. that's the same kind of thing. the germans said enough about the jews, and the people believed it, and you had the holocaust. you tell a lie over and over again, and we've heard it on this floor, government takeover of health care. megyn: richard socrates is a former special assistant to president clinton. okay, richard, so, apparently, the congressman did not get the memo from pram ha, and now -- president obama, and now many are calling for him to apologize. what he said initially to the washington post was there's no reason to apologize. there was a duty to respond. i was saying lies are wrong, not trying to compare republicans to nazis, and then he goes on to say -- and this is a quote according to "the washington post" -- i don't know who got everybody's panties in a wad over this statement. this is a u.s. congressman. then he comes out in the wake of more criticism, richard, yesterday and says while i regret that anything i said has created an opportunity to distract from the debate about health care for 32 million americans, i want to be clear that i never called republicans nazis, and goes on from there. but still no apology, so does he owe one? >> well, i think, clearly, his comments were out of line, but i think today, this afternoon he has apologized. i mean, i saw some stuff just before i went on in which he clearly indicated he regretted what he said, and he -- megyn: i read his statement. we just got it from his office. now, it's one, two, three, four long paragraphs, i'm not going to read the whole thing on the air, but i looked for the words or, i'm sorry. what i see is i regret anything i said created an opportunity to distract from the debate, but i didn't call republicans nazis. >> well, i think if you say -- megyn: he went on to say -- i don't see anything about how disappointed he is his comments have been used to distract from the health care reform debate. >> i think if you say you regret making the -- megyn: he didn't say that. he said i regret anything i said created an opportunity to distract from the debate. >> well, the use of the word regret i'm taking as an apology. i think today the focus on this is really an effort to try to distract us from the fact that we had this debate yesterday. and i don't know what the republicans want to go back to. the american public clearly wants to give this a choice now -- give this a chance now to succeed -- megyn: we've done that, okay? this is a civility call from our president and whether this -- >> all right. well, megyn -- megyn: -- and whether this democrat representative is heeding it or should heed it. >> listen, i think it was unfortunate what he said, and he has apologized, but if we want to get into who's heating this, you know, every night on the very network that we're on right now, the leading commentators on this network use this kind of language -- megyn: that's just not true, richard. >> with well, that is true -- i mean, listen. people can be the judge of it. megyn: they can. i don't know if you sit and watch our programming every night, but i watch it every day, and you're wrong. >> well, you know, we can debate individual instances of this, but be the whole idea of making these nazi references to the political discourse that we're having right now is ridiculous. i mean, nobody should be using this stuff. and whenever we see it, we should condemn it, so let's, you know, you and i we have, we are able to agree on most things, so i think we should agree on this, that there's no place for this in congress, and there's certainly no place for it on cable news. you don't do it on your show, i don't think anybody on this network -- megyn: i don't, but i will say i don't think you can compare cable news to a u.s. congressman in the well of the house, richard. you know? i mean, this -- it was the president of the united states -- >> where should there be a higher standard? megyn: well, i don't think the -- you tell me. i don't know if president meant to speak to the entire nation including, you know, cable and radio and everybody, but i'm sure he meant to speak to our lawmakers about elevating the level of debate. >> yes. and i totally agree. megyn: the anti-defamation league coming out and calling on him to apologize or criticizing him, also jewish groups coming out and saying how offensive they found this. i don't understand why he wouldn't just say -- >> megyn, please -- megyn: i shouldn't have done that. i'm sorry. >> well, saying that he regrets saying it is a good enough apology for me, and i think he has apologized, and he does regret saying this. but i think that everybody who uses this kind of language should be called out on it whether it's in the congress or whether it's on television. we don't use that kind of rhetoric, and i think that, you know, we all need to take a stand now against this. now, you know, 50 years ago today john f. kennedy gave that famous inaugural speech where he asked americans to come together and pointed out that there was nothing wrong with being civil in our discourse. you know, today is a day we ought to be renewing that pledge as americans rather than trying to focus on this. i mean, you know, this clip that is being played over and be over again today on the news, i mean, it's really kind of ridiculous. the man has apologized, he misspoke, i think we can move on. megyn: that's the problem, richard, if he had apologized, i think we would be moving on. but what he told "the washington post," richard, was there's no reason to apologize. i had a duty to respond. and then the next day did not come out and say -- >> okay. well, megyn, this is one guy, you know? this is one guy who said something he shouldn't have said. but every night we see this on -- megyn: oh there, you go. you already made that argument. listen, i'll let the viewers decide for themselves whether you have that right. >> yeah, we should. but you and i should both be firmly against this, and i think we are. megyn: i'm an anchor, i don't take positions on that, richard. but i'll te you that your criticisms are out of line, and be i have to tell you there's a difference between television and radio personalities and a u.s. congressman on the house floor. but i'll leave it to the viewers to decide. i gotta go. richard, thank you. >> thank you. megyn: we're taking your thoughts on it now, kelly@foxnews.com. let me know what you think. should something more explicit be said, or was it sufficient, the statement that the congressman offered? we'll post the full thing. as i said, it's a little long to be read on television, but we'll post it on foxnews.com so you can read it for yourselves and you guys can weigh in and decide. well, in other news if senate democrats won't let a vote go forward on this health care law repealed that the house just approved, what should the republicans do? we've got that poll already online at foxnews.com, and let us know what you think during the break. plus, closing down the guantanamo suspension facility for terror suspects was a top priority for president obama and a major campaign promise. now he has got a new promise, a brand new one, about trying those accused of attacking america. we'll tell you what he's saying now. are you receiving a payout from a legal settlement 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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[ male announcer ] for powerful pain relief, use bayer aspirin. and to fight pain and fatigue in t morning, try bayer a.m., the morning pain reliever. megyn: a major reversal for president obama's policy regarding guantanamo bay. reports that the white house is clearing the way now for new military tribunals for detainees who are held at gitmo. this despite the president's executive order on his very first day in office to shut down gitmo. national correspondent catherine herridge puts this in perspective for us live in d.c. >> reporter: thank you, megyn. this announcement means the obama administration has embraced military commissions and for the first time charges will be brought at guantanamo against an accused terrorist. in this case, the accused mastermind of the uss cole attack was waterboarded in the cia secret prisons. legal sources familiar with the case have long argued that the trial would ultimately become a trial within a trial about the cia program. the cole attack killed 17 sailors, the hole in the side of the hull of the ship, i'm told, was the size of a two-story house, and the cole families have said they buried their sons two or three times because the navy kept finding some of their remains. the three cases that have gone through the commissions, these were all cases that were already in process by the bush administration, and a leading analyst says the decision to move forward now has been a political calculation. >> guantanamo's not closed, it's not going to be closed during the first term of obama administration. the human rights crowd is very angry about that. but the political damage is not going to spill over into the broader obama voting bloc unless they start referring a urge number of people to commissions. >> reporter: and this morning in a statement the aclu said the decision to proceed with commissions if in cases such asal that she ri raises serious questions about whether commissions are being used as a forum to hide the use of torture and base convictions on evidence that would be two too untrustworthy to be admitted in any real court. and publicly, as you know, there has been no movement on the 9/11 case since 14 months ago the attorney general said it would go to federal court in the southern district of new york, megyn. megyn: very interesting. catherine herridge, thanks so much. >> reporter: you're welcome. megyn: right now government on the federal, state and local levels are facing huge financial crises. debt is rising, costs are soaring and painful decisions have to be made. but could that leave the democratic party choosing between the crucial support it gets from big public employee unions and other voters in 2012? as now one top democratic pollster is warning, either the democratic party move away from these unions, or the party will pay a very big price. radio talk show hosts chris plant and robert thompson are we me right now. so there's this interesting piece penned by fox news contributor and democratic pollster doug schoen, and what he's arguing, basically, is that the democratic party which has been financially dependent on public employee unions needs to step that back and needs to get out from underneath their control if it hopes to do well in the next presidential and other upcoming elections because the base of the democratic party is not these public employee unions. it's blue collar workers who aren't part of them and don't understand why they get these lavish pensions and so on. chris, does he have a point? >> he's got a very important point. we're facing fiscal calamity at a bare min hum in state after state -- minimum in state after state. new york, california, new jersey. you see chris christie confronting the teachers' unions and the ore -- other unions head on in new jersey, fairly a traditional liberal state, and his numbers are skyrocketing. but jerry brown is starting to take on the unions in the california, and he's the guy that granted them collect i have bargaining -- collective bargaining rights his first time around as governor. you've got ann i drew cuomo talking about pushing back against the unions. the democrats have been kind of owned and operated by the unions and $200 million spent by public employee unions to get democrats elected in the 2010 midterm elections. $90 million just in the local, the statewide elections. and, clearly, they've been getting their money's worth because the democrats keep promising them more and more in the way of benefits and retirement and eternal this and early retirement and all of these crazy things. the states are going belly up. if they don't want to become greece, they're going to have to rein in the unions -- megyn: and that's really a point he's trying to make, rob -- this is doug schoen -- he says if they want to restore fiscal health, they're going to have to break this connection to the public employee unions and the pensions that have been so criticized and so on. whether you agree that they should break pensions and revise them in the wake of the financial crisis or not, rob, do you agree with his point, doug's? >> don't necessarily grow with all of it. i certainly do agree given the current economy that, certainly, all from local to the federal governments, we're all going of to have to tighten our belt, so we're going to have to eliminate jobs. whether you're a member of a union that's working in the government or on the outside, of course, there's a lot of worry, a lot like the rest of us. and as we go through there, and i'm glad that we had the opportunity to talk about new york and maryland, and we can see the way that the democrats are going to work with this. they're not separating any connections with unions. democrats and liberals are tied with unions and always will be. they're not going anywhere and will remain together from here on out. how we work together -- megyn: how about the public employee unions he's taking issue with, doug schoen? chris, from his piece he says, the working class voters see that the public employees are continuing to receive more generous benefits and enjoy greater job security than they are. and he says support for the democratic party is now well below 40% with working class voters who are unionized and as low as 30% with whites who are not college educated. he sees a division within the party when it comes to these public employees and the unions. >> right. and you talk about reagan republicans, we're looking at, i think, another potential exodus of people that have traditionally voted democrat going over to the republican side because they're just, it's been proven now, i think, that they're recklessly irresponsible. in illinois, another such state, 66% tax increases last week, okay? other states are laying off employees because the unions will not budge, they will not negotiate, there is no shared sacrifice. they want what they want. there is no room for negotiation, and it's all or nothing. that's just not going to fly in these economic times. megyn: is that true, rob? i mean, is it -- >> no, it's not true. megyn: we've heard some reports of them negotiating on pensions. others, not. >> you can look in this maryland and in new york, and can we know that governor cuomo is working right now with the afling-cio who worked with him to get elected. yes, they're going to continue to work, and the government employees are going to be very much a part of the government platform. but there is one thing that we have to remember, that we are all going to suffer a little bit over the coming years, and the unions need to understand that as well. the democrats are open to discussing with them their future inside the party and with the united states, but they have to understand they can no longer expect some of the things that they got earlier on. mr. schilling, who was a member of the clinton white house, was a part of when the unions finally stopped their die grecian, their slowing of growth. and the reason was the economy grew. if we grow the economy, unions suddenly start to benefit, and so does everybody else because really in the end all we care about is the middle class, and can if middle class is doing well -- megyn: i don't think that's all they care about. >> oh, it is. all we care about is the middle ground. $28 billion deficit in california, $10, 9, $10 billion in new york. in the final analysis, this is about the fact that we've reached the tipping point. government has been grown and grown and grown, the democrats have been doing it. there's been this symbiotic relationship between the unions and especially the public unions and the democrats. it's become a feeding frenzy, and, you know, i hate to sound like a republican, but you really have to start. >> ricking this stuff -- megyn: and what doug says, even if you can't renegotiate deals that have already been set and people who were already depending on pensions, you need to take a look at the next generation, the folks who have not yet retired and where we're going to go with that. it's an interesting article, it's at our sister publication, "wall street journal," wsj.com. gentlemen, thank you. >> thank. megyn: a major announcement from the head of the u.s. immigration and customs enforcement agency. what it is and how it will have an impact on you. and no sleepovers, practice your instrument until your fingers bleed? well, that's overstating it. [laughter] and now the tiger mother's husband is here to weigh in on his wife's controversial book as well as his own new thriller. he is a best-selling author in his own right, and he'll be here live next. plus, she was kidnapped from a city hospital by a nurse when she was three weeks old. now some 20 years later a reunion no one saw coming. >> one day i was hoping that someone would knock on the door and say, i'm carlina. carlina was the missing link, and we have gotten her back. in the name of jesus, hallelujah, hallelujah, hallelujah! nf]fídn/xçyyxññw8woññó [ male announcer ] see this? nobody else has what this paint's got: and that's a number one rating. it's a paint and primer in one -- so it goes on bold, and looks even better. it means getting more done -- in half the time. and it means the shade you see on that swatch -- ends up on that wall... and is as durable as it is colorful. you know where to find it. more saving. more doing. that's the power of the home depot. try it for yourself. get your own 8-ounce sample of the number one-rated behr paint. now, ju $2.94. but actually, it's easier than you think, now, ju $2.94. because general mills g g line of cereals is america's number one source of whole grain at breakfast. there's whole grain in every box... ♪ ...from chex... to cheerios... to lucky charms. so you n get the whole grain you want with the taste you love. get started on the whole grain you're missing with your favorite big g cereals. ke sure to look for the white check. megyn: well, the internet is roaring with debate over the new book "battle hymn of the tiger mother." it's a publication in which author amy chua argues that asian mothers are superior. she argues against play dates, sleepovers, tv and computer games, demands her children get nothing less than as if all of their courses and talks about how western mothers could take a lesson from this eastern approach. so how exactly does her husband feel about that? jed rubenfeld is a best-selling author in his own right and has his own book, "the death instinct." you, jed, are a famous author, best-selling author on new york times and so on, and now your wife is coming out giving you a run for your money in the famous author field. and she has gotten more attention for her so-called tiger mom approach than i have seen any author this recent years. so let me start with that, and then we're going to get to the death instinct. you find yourself immersed in this controversy, your wife, poor thing, is getting death threats, and your thoughts on it are what? >> well, listen, and thank you for having me. you know, amy's book has become part of a national conversation. i think that's great. but i'm kind of a more private person, i don't talk much about my family, so here's what i'm going to say about it. amy chua is a terrific mom. i don't know what you might have heard, i don't know what you might have read. she loves her daughters, she's loved by her daughters, and so sophia and lulu, my daughters, are strong, confident and thriving girls, knock on wood. megyn: yeah. >> are and that's all i want to say about that. megyn: well, that makes sense to me. if you're both big be-brained people -- did you meet at harvard law? you went to princeton, she's kind got you there. >> well, she's given me more than a run for my money in a lot of ways. [laughter] megyn: listen, i want the viewers to know that your daughter came out and wrote a beautiful defense of her mother, and they sound like beautiful, happy girls, and you dedicated your book to them. and can your book is called "the death instinct." you, big-brained person, while you were an undergraduate at princeton, wrote your thesis on sigmund freud, and you incorporate that into this book by having the doctor weigh in, advise on a terror attack that struck at the heart of the financial district in 1920, folks. this actually happened. dozens of people were killed, hundreds were injured. it was never solved, and you weave that into a mystery and a thriller. how? >> well, it's an adventure story. it's a historical thriller but, yes, the book centers on what is probably the biggest unsolved crime in united states history, and i'll bet viewers had never heard of it. i'd never heard of it, and i'm a criminal law professor. manhattan, september morning, and out of nowhere with america's hit by the deadliest, most massive terrorist attack on american soil to that point, and it's not 9/11, it's 1920. probably the biggest terrorist attack in history, and to this day we don't know who did it. nobody was ever arrested or identified. megyn: a tale of intrigue and mystery and romance follows. but in be your book you talk about how dr. freud has a theory of the death instinct. and he believed what? >> well, it's quite interesting. in the same year, 1920, sigmund freud publishes a book. and this is probably his most important but least known idea, he said that every single person, every one of us is born with an instinct that draws us, powerfully, toward death, toward killing. i mean, the question, you know, that i kind of like my book to be about in part that readers might think about once they've read it is why do people do these things? why do they kill? why do they kill -- megyn: very timely, sadly, this week. >> it really is, it's terrible. but they do it, they do it over and over, and we always think, oh, it's related to our present times -- megyn: or mental illness. and in many cases that's true. >> of course it's true. and freud said, he was looking around at world war i where millions of people died for really no good reason, and he said it's terrible to contemplate, but he believed that every one of us is born with this instinct that pulls us toward killing and death. megyn: he talks not only about the death instinct but, of course, our sexual instincts. some might argue that would be, also, an interesting book. but we'll wait for the next one on that. >> okay. megyn: congratulations on the success of all your other books. highly reviewed and rated. check it out, folks, you can get it on amazon.com right now? >> yes, you can. megyn: "the death instinct" by jed rubenfeld on who we won't call tiger dad. she writes beautiful thicks about you too -- things about you too. congratulations to you and your family on all the success. >> thanks so much. megyn: we'll be right back. she felt lost... until the combination of three good probiotics in phillips' colon health defended against the bad gas, diarrhea and constipation. ...and? it helped balance her lon. oh, now that's t best part. i love your work. [ female announcer ] phillips' colon health. megyn: well, she had a sneaking suspicion that the people who raised her were not her real parents. it turns out carlina white was right. but it took more than 20 years for her instincts to be confirmed, and in that time she grew from the infant you see here into a young woman. jamie colby has more on this incredible story. jamie? >> reporter: it's one with a happy ending. we really love that part of it. carlima white was just 19 days old, megyn, when her parents took her to a harlem, new york, hospital. they handed her to someone they believed was a nurse, and they never saw her again. take a look at the video from 1978. >> i hope she's taking good care of my baby. >> reporter: this is the mom talking about, both the two distraught parents, desperate to find their little girl, and finally 23 years later, they have. carlina was given a new name, and they moved her to bridgeport, connecticut, the woman who had taken her. she now says that woman was a drug abuser who never was able to provide a birth certificate or id which raised carlina's suspicion. so that curiosity led her to the center for missing and exploited children. she found a picture that so resembled her own little girl she knew it had to be her. dna has confirmed that. >> it just seems, you know, hard to believe that this happened of after all them years. and my daughter, she went through so much. there's a god up there, you better believe that. there really is. >> reporter: yes, there is. joy has her daughter back. the long-awaited reunion happened this week. here's a photo. carlina says that reunion is all she ever wanted. she plans to spend more time getting to know her real parents and other relatives, but, megyn, she wants law enforcement officials to get their hands on her kidnapper, she wants to hear her side of the story. megyn? megyn: wow. >> reporter: incredible. megyn: unbelievable. that could be the story of the day, folks. well, just before his state of the union address the president getting a brand new port card from the american republic. you will get the results here first. and we'll speak with former arkansas governor mike huckabee about how the president's doing and about the new poll numbers that put him in the lead to challenge president obama. yes, he is showing as number one on the gop side right now. he's here live. plus, the heartbroken family of an elderly new york woman who died waiting hours for an ambulance. why medics say they couldn't get there, and why the family is now suing the city of new york. you struggle to control your blood sugar. you exercise and eat right, but your blood sugar may still be high, and you need extra help. ask your doctor about onglyza, a once daily medicine used with diet and exercise to control high blood sugar in adults with type 2 diabetes. adding onglyza to your current oral medicine may help reduce after meal blood sugar spikes and may help reduce high morning blood sugar. 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[ male announcer ] ask your doctor about adding onglyza. extra help. extra control. you may be eligible to pay $10 a month with the onglyza value card program. everything is betterwith with swanson broth in it. an essential ingredient in any kitchen. swanson 100% natural chicken broth. megyn: fox fox news alert, we are seconds away now from a major announcement that could impact every american business owner and millions of illegal immigrants. a live look right now in washington where the immigration and customs enforcement, or ice, is set to unveil what they are calling the employment compliance inspection center, it's basically a new office that is designed to help the agency crack down on employers who hire illegal immigrants. ice chief john morton saying it will not be a new nerve center, more like a small team dedicated to assisting in audits. he claims it will help the feds monitor larger corporations that may have been too big to track in the past. we're going to have a live report on that the new developments less than 30 minutes away right here. another fox news alert, new poll numbers on the push to repeal health care, brand new on "america live", welcome back, i'm megyn kelly. check out this poll, 50 percent of registered voters say they would vote to overturn the law if in congress. less than 40 percent say they would keep the president's plan for insurance reform. cries stierwalt is our fox news digital politics editor and my friend. chris, you've got basically a majority of those polled saying they favor repeal, which is contrary to the ap poll we saw early they are week but consistent with the polling we've seen prior to that. here's what's interesting. here's what's interesting. the numbers on president obama, 47 percent now approve of the job he's doing, that is up 7 percent from december, chris, to what do you attribute that? >> well, i must confess that i misattributed it originally to moderates coming around to the president and his outreach to the middle, megyn, but what's shocking about this poll and the reason this poll is going to change the discussion is that it tells us that the spike in president obama's support is mostly derived from democrats. that is not what we expected to see. we see a 12-point increase in the amount of support for president obama and his job performance from democrats. it was unusually low around the time of the election, and immediately after, and as soon as we see the new congress in place and the battlewide swarming between republicans and democrats and him under seige, boom, democrats have surged to his side. megyn: interesting. yet, there's another fox news poll that just came out literally moments ago that suggests -- well, maybe it backs up what you're saying because it suggests president obama is not faring too well as of today, the projections for the next presidential election. look at this, 51 percent say they would vote for somebody else, somebody other than president obama, 42 percent say they'd go for the president but the 51 percent is up 4 percent from this time a year ago. january of 2010. so the president's reelection chances are falling, even as his approval rating is rising. >> well, and you're right, you can attribute some of that to the fact that the democrats who didn't approve of his job performance were probably still going to vote for him, so you're probably getting a realer sense of how the country is viewing president obama through that poll rather than anything else and it's no coincidence megyn that today is the today that the white house is essentially announcing the formation of their reelection campaign and how they're going to shuffle the staff around, move folks out to washington and get going. the president wants to raise a billion dollars, and he's going a -- got a long way to go to try to get americans on his side for a second term. megyn: how does he get those independents, chris? it's all well and good to have your party support you, whether you're a democratic president or a republican but you need independents to win and that's how barack obama won, he won independents and a crock of republicans last time around. >> that's how republicans won in 2010, there's a persuadable third that decide every election and what president obama's problem is he's still widely perceived by a plurality of americans as liberal. and americans aren't too enthusiastic, generally speaking, as a center right country, about iberal presidents. so he probably needs to continue in this vein of reaching out to the center, looking for compromise, looking for republicans because democratic enthusiasm is important but not as important as you point out as having that governing third of country on your side. megyn: that could be one of the reasons why we are hearing the president talk about being open to a discussion on things like health care repeal, not repeal of the law, but ways to modify or improve that law. chris, thank you. >> you bet. megyn: chris stierwalt, ebb. for all the new numbers, they were just released, log on to our website, we've got a complete list of all the polls and results at foxnews.com and many many say the vote to overturn the health care overhaul law was symbolic. just ahead, governor mike huckabee live and why that assessment may be dead wrong fox news alert, a second police officer has now died after a shootout in miami. this was the scene earlier today. we are told two officers were working with a fugitive task force, arresting suspects wanted for crimes across the country. one office was hit and died at the scene, the other was rushed to the hospital but she could not be saved. we're told the suspect was also killed. we're going to have much more on this story later this hour. brand new numbers out on the jobs front. the labor department reporting that fewer folks applied for unemployment benefits last week. the number dropped by 37,000, to a seasonally adjusted 404,000. and while any drop in those applying for unemployment is good, economists say it must fall consistently to 375,000, not 404,000, to substantially reduce the nation's unemployment rate. well, two really bad headlines this week for the housing market. first, 2010 was listed as the weakest year for home sales since 199 #. now, that is for previously owned homes. but new homes also taking a big hit last year, with 2010 ending as the second worst year ever for home construction. fox business network is live with us in washington. rich, the numbers don't sound good. >> they don't. and the headline numbers again show that we are slowly, slowly moving out of this recession, not really enough for enough folks to feel it especially on the housing front, certainly object the -- on the labor front. there are decent numbers buried in here. first off the existing home sales, previously owned home sales, what we saw was december had a decent spike but it wrapped up a pretty awful year and it all ties into labor, housing, it all ties into the same thing, megyn, because what you have is a slow recovering labor market, that means folks, still millions of folks in the united states still out of work and when you're earning a paycheck you can pretty much have a better shot of paying for your mortgage or buying a new home and we're not seeing that yet. megyn: does this year get better? >> good question. there are folks, real tea track believes that 2011 is going to get worse but it's the worse it's going to get, other analysts expect 2011 to begin to slowly repair itself. no one really out there is calling for a quick recovery either in housing or labor. we're turning the corner, we hear, but this seems like an awfully big corner. megyn: how long is this corner? we've been hearing that for a while and people need to sell their homes and other people need to buy their homes. how much of this is related to the economy, because we've seen an improvement in the unemployment rate, other signs elsewhere of possible improvements. but they don't seem to be having an effect on the housing market, or am i wrong? >> that's the thing. when you look at how it works together, they're absolutely tied to one another and we're not seeing enough. that's been the problem with the recovery in 2010 and it's likely going to be the nobody 2011. we're not getting there fast enough. even when we create in the united states let's say 157,000 jobs a month, that's just about where we need to create jobs in the u.s. just to keep up with population. if you want to start digging out from 9 1/2% unemployment, you're going need to start doing better and we haven't done that yet. megyn: rich edison, appreciate it. >> thanks. megyn: critics say the push to repeal health care is symbolic. that's from the white house, actually. governor mike huckabee, just ahead with why that's not right in his view. plus a protest against building a walmart in washington, d.c., incorporating the developer's home address. they want folks to show up at this man's house tonight. and don't forget the big bull's eye, the target that appears on the flier. and heart break over the death of a loved one. this family is now suing the city of new york, saying 75-year-old yvonne freeman did not have to die from a heart attack. why they blame the mayor, instead of mother nature. >> she was dead, she was on the couch. she was looking at me, and she just said laura, if i don't get to speak to you again, bye, laura. megyn: government i.d. cards could soon be put into the hands of thousands of illegal immigrants. it is happening in washington, d.c. the council there considering a bill to allow district residents to get driver's licenses without a social security number. if approved it would get around federal regulations put into place after september 11th. eighteen of the 19 hijackers that day had legitimate driver's licenses or state i.d. cards. charges today that the house vote to repeal the health care overhaul law was meaningless. largely because majority leader harry reid over in the senate says he will not bring it to the senate floor for a vote. the top republican in the senate, mitch mcconnell, now says not so fast. assuring folks that there will be a vote on this to undo the president's signature piece of legislation saying, quote, we have ways. what does that mean? governor mike huckabee is former governor of arkansas and also host of "huckabee" right here on the fox news channel. they are making you vote! what does it mean? >> sounds ominous! megyn: it's nice to say if you're in the minority but unless you're in the majority how can you take vote? >> if he gets it to the democrats he could do a discharge petition. megyn: democrats are going to join him in -- >> 23 democrats are up for reelection next year. and if they want to keep their seats, a lot of them are going to have to decide that maybe they ought to be listening to their bosses at home, their constituents and not the boss that thinks he is their manager, there in washington, harry reid. megyn: what good does it do, right, even if you want to see the health care law repealed, what good does it do, because the white house moments ago said once again they don't view this as a serious effort because they know ultimately it will be vee -- vetoed by the president. >> even if it's vetoed the puts the showdown in place and makes it evident there is a significant number of the peoples' representatives who recognize that this bill is fundamentally flawed. and it's not something that can be tweaked and made better. it really does require a doover. because this one was done in way, both the process and the product is completely flawed, it's costing too much, it changes the control too much. it's going to be bring more people out than it will bring in by the way. megyn: how bad is it for president obama and the democrats if, a, it does come to a vote in the senate and you see significant votes to repeal, or b, by some means, it passes in the senate and then the president is forced to veto that? politically how does that play out for them? >> it's going to look very bad for the president if the senate were to actually pass a repeal. now, i don't think that that's likely. i think there's a greater chance it may get on the senate floor and then get defeated by a narrow margin but even the narrow margin is going to be indicative the president that this thing has got a lot of problems, and it will force them, if they can't outright repeal it and i still hope they can and will, if they can't, it certainly puts them at a position where he cannot be stubborn and say leave it like it is, it's just fine. anybody who's really looked at that bill closely knows it's not just fine. it is full of problems for small business, for doctors, and for states. states are going to hemorrhage out the gazoo for this bill. megyn: you're obviously a former chief executive of a state and you're a man who potentially be president one day and we'll get to that in a second, if you're in president obama's shoes, what's driving you to negotiate with republicans on this more opinion -- on the opinion polls and the numbers on the health care, the fox poll shows 56 percent say they'd like to see it repealed, or the legal challenge to the heart of the legislation, which is the individual mandate, which you know, is by no means assured to be upheld in this constitution. >> i hope it's not the polls because good leaders don't make decisions based on whatever the current poll is, because polls are so very fluid and they can change dramatically in the course of a day or two, much less over the course of a month or year. what he does need to do is look at the fact that there is a real constitutional question about it, even bigger e. he needs to look at the long term fiscal impact that this is going to have at the federal and at the state level. megyn: but he seems to believe it's going to help the economy. he said that repeatedly. we'll see. now there's a difference of opinion on that, but we'll see. i got to get to this. abc news "washington post" poll, huckabee leads among prospective gop in the field with palin a couple points behind, romney, a couple points more behind, so on down the line. you, sir, in the number one position. >> what can i say? the american people are extremely smart. i've always said it. that proves it. what else can i say? no, you know, it's flattering to be in that position but let's just remember that four years ago at this point, the two nominees for the respective parties were rudy giuliani and hillary clinton, neither one made it to the final show. megyn: would you really take on president obama? is it possible that you might take on president obama in 2012 when so many people are predicting that whoever the gop puts up in that year will be the sacrificial lam, it's so hard to take down an incumbent. >> >> that's one of the reasons i haven't resigned here and gone out on the sixth avenue job. i tell you, it's harder to beat president in 2012 than people are saying and you've got republicans who are spiking the ball in the end zone before the game has started, much less than after it's ended. fact is, he's going to have a billion dollars in the bank to run his campaign, he's a sitting president, all the power of incumbency and he faces someone who's going to have to go through a demolition derby of 12-20 candidates and will come out of that bruised, broke and bleeding and will have four-months to recover and take on the president. megyn: there doesn't seem to be as much ammunition about you as some of the other candidates. gingrich has a lot of baggage from when he was in the house and sarah palin is a figure of national contingency now -- controversy, no matter what she does, they criticize her but you don't take as many hits. >> i take them and the thing i can tell you about presidential politics, having been in that arena before, if there's not something that they maybe obviously find, stuff will be made up. megyn: last time, you had a window pane with a cross behind stkpwhraou that was actually a bookshelf! you have all of these things get manifest but it's part of the process. when people say we're so uncivil, america has always been uncivil if you look at it and it makes us a unique country where people say dumb and outrageous things and not be shot for it. >> what do you think of what cohen said? >> he should do more more than - more than say he regrets he was misunderstood. he should say i was wrong, it was a bone headed thing to say and we should own up that we say dumb things. i have and that congressman did on the floor of the house and he should just go ahead and do a mea culpa and be done with it. megyn: i think our viewers share your view. can i ask you one other thing? what is with the alaska freedom cruise that you are taking with 1700 bucks per person, going into the heart of the -- of another potential candidate's back yard? >> sarah palin is right, alaska is a beautiful place, i've been there several times, i've fished there, my wife and i have been -- >> megyn: it's fishing. >> it is for me. megyn: it has nothing to do with a white house run? >> not this particular cruise. it's going to be a magnificent adventure. i'm serious, if a person has never been, it really is a national treasure, more so in the summer. in the winter, it's cold for my summer blood but it's a beautiful place. megyn: governor huckabee, always interesting to hear your thoughts. megyn: appreciate it. we've got this news coming in out of miami. we told you about this moments ago. now two police officers are confirmed dead. what we have just learned about the moments leading up to the shooting and about the killer. plus a high school at the center of a standoff. he is accused of creating a facebook page titled the nasty list. who was in on it? we're live with that story, upcoming. >> i just know a lot of people who are really hurt by it and nobody should have to go to school terrorized. >> i don't know why somebody would do something line -- something like that but people do crazy stuff. >> a lot of people are embarrassed by it. how would you like to have your name on a smut list? megyn: fox news alert, a second officer is now confirmed dead after a shootout in miami. this was the scene earlier today, the mayor there saying the second officer died at the hospital, the other was killed on the scene. this whole thing happened while they were working with a fugitive task force, trying to arrest suspects wanted for crimes across the country. phil keating has more live from our miami bureau. phil. >> reporter: megyn, emergency room doctors desperately tried to save the life of that officer shot and killed but after an hour in the e.r., they couldn't, that female detective shot multiple times by a suspect clearly with nothing to lose. around 11:00 a.m., a team of officers looking for a homicide suspect, so they knew that the person was dangerous whom they were looking for, well, they went through miami's liberty city neighborhood looking for him, finally they got to the right house and that is when gunfire erupted, leaving three miami-dade officers shot, two dead. the suspect also died during the sudden neighborhood gun battle, right outside the house with a red roof, the tarp covering his corpse, the third officer remains at hospital getting treated and is expected to survive. the two fallen officers worked on the regional fugitive task force but unlike initial reports indicate thank deputy u.s. marshals had been involved and shot, this operation did not involve any u.s. marshals. with one officer dead at the scene, the critically wounded second officer was rushed to jackson memorial hospital where the chaos of the neighborhood was replaced by despair and mourning. >> the homicide unit, being the professionals they are, did everything they could to save her. but unfortunately, she lost her life about 20 minutes ago. >> reporter: as of now, that's about an hour and 20 minutes ago. the area where this happened in miami is an area known as liberty city. it is a high crime area. these officers all belong to and work with a regional fugitive task force on a daily basis, they deal with the worst of the worst, and this morning's gun battle clearly and tragically makes that point. megyn. megyn: phil, thank you. immigration and customs enforcement chief john morton holding a news conference right now -- well, that's not him. but he is holding a news conference on a new crackdown on businesses that hire illegal immigrants. this is interesting, folks. the fed is taking a new look at the employers who continue to fund the illegal immigrants' paychecks. we'll have a live report on that in minutes. there's john mortonon the left. a group is staging a massive protest against the planned walmart in d.c. handing out these flyers, with the home address, the home address, of the developer. along with a bull's eye. that story is next. and her mother died while waiting hours for an ambulance to get to the crowded streets of new york city in a christmas blizzard weekend and she says her mother might be alive today had the medics arrived sooner. now she is suing the city. but is the city to blame? that's on the docket in kelly's court. >> my mom isn't breathing. >> she wasn't. she was just starting to turn gray. i just came in out of the snow and asked him for help. that's all i know. megyn: fox news alert, and we just got a major announce meant that -- announcement that could impact nearly every american business, ice, office of immigration and customs enforcement unveiling a new tool that will help the feds further crack down on employers who choose to hire illegal immigrants. james rosen has the update live in d.c. james. >> reporter: megyn, good afternoon. already president obama has disappointed many in the latino community, an estimated two-thirds of whom voted for him two years ago because of his administration's crackdown on illegal workers in the u.s., now comes the effort to intensify the raids on small companies large and small employing illegals. gan morton, chief of u.s. immigration and customs enforcement, the sub unit of department of homeland security, better known as ice, announced something called the employment compliance inspection center, will employ 15 auditors to scan tax documents from large companies to see if they're employing large numbers of illegals. d -- chp says it will have two ice agents to audit 100 companies. morton also announced that tye sons foods, the arkansas-based powerhouse poultry producer that employs 100,000 people has agreed to take part in the ice mutual agreement between government and employers program, otherwise known as image. got to love the acronyms. under the program companies register with the federal government to cooperate in audits of their own firms. >> if a company as large as tyeson foods can get compliance right, any company in the united states can get it right. for those businesses who might still think that compliance with the law is too hard, too expensive, or not worth the time, i will say only this. compliance is not simply a good business practice, it is the law. >> reporter: under the obama-era crackdown with the silent raids of employers over the past fiscal year ice has performed audits of 2750 companies and the companies has levied a record $70 million in fines but this image program has only attracted about 115 companies to register with the the feds megyn. megyn: james rosen live in washington, james, thank you in just a few hours a protest is set to begin over a walmart planned for the d.c. area. but the group walmart free d.c. is not marching at the construction site. instead, it's decided to target the developer's home. going as far as to hand out these flyers with the man's home address on it. and a bull's eye. and this is not the first time this group has held protests at this man's home. nina easton was in the middle of a very similar protest last year, joins us live with her thoughts on this. nina, so you, our viewers may remember, were next to the home of a bank of america executive, he's your neighbor, when a bunch of seiu members came on the property with his young son inside and this was the scene back in may of 2010. now we learn that an unrelated group, as far as we know, seiu is not behind the walmart protests but other groups are, are going to do the same thing to a man who's trying to develop the walmart, and he says create a bunch of jobs, and your thoughts are what? >> well, first of all, these are union-backed protests. i mean, they may not be affiliated, per se, but they are, these are unions that want to organize these companies and these are not protests, megyn. this is physical intimidation. when they came, you said a bunch of protestors? seven hundred protestors, 14 buses pulled up to our neighborhood, they stepped across their lawn, surrounded the portico of my neighbor's house, on the front porch while his son was cowering inside. and the other son who came later with the father turned on him, that younger son is still having nightmares, and it's a very scary experience. you think about the arizona shooting, for example, the thing that crossed my mind, being in the middle of that, it was frightening to think that okay, these protestors were not violent, but what's to stop some rogue protester from coming back, a mentally ill protester, a drunk protester, to come back and make an extra point by getting violent? you've been exposed. you've already been -- it's already been said that your house is a target, and your family is a target. this is not protests. it's intimidation and threats. megyn: but they put his address in the flyer, encouraging people to go there, then they put this target up. i ask you, nina, they put a smiley face in the middle of the target. would that make you feel better if it were your home? >> not really. and i think also, you know, perhaps they just put the smiley face in there, post-arizona. the other thing to keep in mind about this, megyn, is that they don't really want press coverage of this. when they covered -- when they did this to our neighbor's home, they brought along one logger from the huffington post and did not alert the local newspapers. later on "the washington post", which did not cover this, ever, at all, the omnibusman wrote a column saying look, we should have covered this. by the way, if this was 700 tea party protestors on the front lawns of anybody, could you imagine that would be on the front page of the "new york times", but the mainstream press, it was fox, only fox, that was willing to cover this, and i think it will be very interesting to see if there's press coverage of this tonight. megyn: the thing is, look, people have had disagreements about whether walmart should move into a town since walmart got big. some people say it cost jobs, it doesn't create jobs, walmart says look, d.c. has over 10 percent unemployment, do you know how many we're going to employ, we want to build four throughout the area, we're going to be helping that, not hurting that, but others say it puts local retail businesses out of business. whatever your dispute is, the question here is what tactics are acceptable in today's day and age to voice your opinion for or against something and that's the debate very much in the news lately and now this group. has there been anything we know of, nina, from the police or anybody saying whether this is appropriate? because you know, you could make the argument, if a developer says you are not welcome here, you may -- you may not come on my property, if they then do so, that's trespass. >> that's trespassing when we scrubbed this law last time around. montgomery county, where we live, was looking at a law to dissuade protestors from doing that. but again, i mean -- >> megyn: but they already targeted this guy's house. they already targeted this guy's house on november 16th and then did this to him then, police maintained order, there weren't any major incidents but how many of these is this man going to have to go through? >> i know. and the union protestors in illinois, before christmas, right around christmastime, went to executives in that state and sang christmas carols and had vial language at the house, and it was covered by the press, out of work employees singing christmas carols, but these are loaded with lots of threatening language and lots of threatening demeanor, when they do these protests. it's not -- again, it's not a protest. it is physical intimidation, and it's threats to families. you know, this is taking this to peoples' families. and the other thing is, what sort of underlies a lot of this stuff is a chip on the shoulder from these protestors that people are successful and have a nice home. i mean, they're targeted almost just for that reason. megyn: but we cannot be at that point in america. >> it's like class warfare. and i think what bothers me, again, is that the press is not calling them out on this it is calling -- we see this tea party being attacked all the tile and we don't see union tactics being scrutinized in the media. megyn: well, i have a feeling you will see coverage of this tomorrow, because now it's become a national story. >> i hope so. i hope fox is covering it. mig we're going to stay on it. i can promise you that. we'll stay on it and update our viewers on what happens at that house tonight and that man needs to look into the trespass laws in d.c. because generally the law is once you say no, it can't be trespass when they first come on because then you could charge somebody trying to sell you girl scout cookies but once you make it clear no, you may not come, you're not invited, you're talking about a criminal violation, so we'll see what happens. thank you for bringing it to our attention. >> all the best. megyn: she lived through the depression, civil rights movement and half a dozen wars, but a blizzard may have essentially claimed this elderly woman's life at the age of 75. why her family is blaming new york city. in kelly's court, next. during the break, check out foxnews.com/america live, click on the on the docket section and read up on this case before the gavel drops next. megyn: kelly's court is back in session, on the docket, death by blizzard. yvonne friedman woke up complaining of chest pains and breathing trouble, her daughter dialed 911 only to get an automated response and repeated strange busy signals. forty-five minutes later, she finally got through, paramedics, during the heart of the new york city blizzard, right after christmas, did not arrive for nearly two more hours. >> i was in my package a.m.as in the snow and i said help, please call 911, please, and there was one guy, and he came and he had to postpone -- and he had a phone and he called 911 and shrugged his shoulders because nobody answered. megyn: sunrise that day revealed what may have been the most disruptive snow fall in new york city history and first responders could not get down the street until it was too late. the question is why couldn't they? the family now says it knows why. and it's suing the city for $20 million. accusing new york of negligence in mishandling the aftermath of this monster storm. joining me now, fox news legal analyst and host of "hitting the headlines" on foxnews.com, kimberly guilfoil and defense attorney mark adlarsh. we saw it coming. we saw it coming. there are criminal investigations underway in new york right now. they have not yet been resolved but they're underway to try to figure out if there was an intentional slowdown, mark, by the sanitation workers who were upset about cutbacks to try to prove a lesson to mayor bloomberg about what life would be like if the city workers didn't get what they wanted and a woman is dead, another woman lost her baby, another man lost his life. these are just some of the stories. now the family says the city needs to be held responsible. do they have a point? >> absolutely. settlements, all the way, if you're representing the city. you know, the 911 call alone, 45 minutes? when i was a teenager, trying to get through to the radio station to be the fifth caller for concert t-shirts, yeah, i expected a delay in getting through to the station. when you order a pizza, during the super bowl, you might -- it might be difficult to get through, you might have to call back, might take them a while to get to your home, but you expect when you call 911 that someone will answer almost immediately, especially as in this case when your loved one is gasping for air and dying before your eyes. megyn: and that when they do answer, kimberly, it doesn't then take them two hours, which is the difference between life and death when you're talking about a heart attack. nonetheless the city usually has itphaoupbt. >> you're absolutory right, and in this case there was malfeasance on the part -- >> megyn: alleged. >> if in fact there was, yes, this would be something worth -- this is a case where you would want to extend tort liability, however, under the present state of the law, despite the egregious nature of these facts, the city owes no duty, they have sovereign immunity in a case like this. it is sad, it is awful what happened to this woman and to the baby and to the other man's life, absolutely, and there may be some kind of connection, but is it the proximate cause? nevertheless, there are other factors that fall into place. megyn: does the city get immunity because they want to protect the taxpayers. >> it's financial properly -- it's financial policy. megyn: every city does this but mark, when you've got examples like this, you heard the woman crying about what happened to her mother. listen to this man whose wife had a heart attack and they took an hour to snow up and she had -- to show up and she had already died. listen to him. >> she lost consciousness, she said i think i'm going to have a heart attacks help me please, then she collapsed. the medics got to my house tuesday morning. they came tuesday morning. i had to sit with my wife all night. megyn: look, snowstorms happen, natural disasters happen, but if this plaintiff's lawyer can prove that it happened here, the failure to clean up, so that emergency vehicles could transport through this city, intentionally, by unions trying to make a point, mark, immunity schmoonity, if you get that case before a jury, which is a huge if, you win. >> absolutely. you know, when the medics showed up, they said, quote, we're sorry, we've never seen anything like this. let me tell you something. that's what jurors are going to find when they see these unique facts. this is outrageous. megyn: the law, kimberly, i was looking at the exception, there are ways of getting around immunity but it's so narrow. >> it really is. megyn: and for good reason. we want cities to have immunity but there has to be a way to pierce it and the law is, there has to be an assumption of the duty to act, knowledge that -- some form of direct act between the agents and the injured party and justifiable reliance on the promise. if you can prove the woman relied on 911, that the city assumed through the 911 call an affirmative duty to act, that it knew if it didn't act it was going to cause her harm and through fault of its own it didn't act, can you get around the immunity veil? >> you can make the argument, you know, but in this particular case, megyn, to tell you, i do not think they'll be able to jump these legal hurdles. as a matter of public policy, if the city decides to avoid this lawsuit and litigation, perhaps they're going to settle the case like mark said. it might be advisable for them to do so because of the outrageous facts. people are really up in arms megyn: they'll have to blame it on the sanitation workers i assume, mark, but can you attribute to the 911 operator and emergency services the malfeasance alleged of sanitation workers or is it all just the city as far as the law is concerned? >> what's going to happen here, and it's their obligation, of the plaintiffs' lawyers, it's going to shotgun everybody and say you, you, you, let's get into that room and let's figure this out and ultimately figure out who is responsible for what. mig and you can bet that lawsuit is coming from the mother of the baby who died. >> and reuben stein who brings these cases successfully, brought the sean bell case and was able to prevail and get an -- >> if i'm the city's lawyer, i'm feeling nervous. if there was an intentional slowdown, i'm feeling a little nervous on this one. thank you very much. as sad as this is, it will be extremely tough for this family to establish liability. usually the city has immunity from such lawsuits because when the city loses, the city taxpayers lose. while it may escape, may escape, legal liability here, if it is proven that the city workers intentionally did not plow the snow that night, endangering the lives of millions, nothing can save them from their own moral culpability. we'll be right back. megyn: it was called the nas-e list, facebook page listing the names of high school girls and their rumored sexual activity, created solely to humanittate and embarrass teenage girls who were just 14-16 years old. trace gallagher has the disturbing details from the l.a. bureau. >> reporter: the pages have been taken down but those who saw it say it was very detailed and very explicit. this whole thing started at unionville high school in long island but apparently we're being told that students, 15, 16, 14-year-old girls were actually from several different high schools. here is a student who knows someone on the list. listen: >> it was just a list of girls that they thought were promiscuous. i knew some of the girls on the leand they weren't those types of people. a lot were embarrassed by it. how would you like to have your name on a smut list? >> this has now been turned over to the computer crime unit for the police department because the big concern here megyn is cyberbullying. we remember the case of tyeler clemente, luth gers student, who was bullied about his sexuality and later killed himself. there are also two case necessary new york state, students who were bullied online about their sexuality, and killed themselves. now, uniondale says it has a zero tolerance policy when it comes to cyberbullying but the school also admits there's very little they can do for these things that happen off campus grounds. facebook has also issued a statement saying, quote, we have strict policy that is prohibit the posting of content that bullies or harasses. facebook is based on a real name culture where people must associate their actions with their true names and identities. we still do not know who created this facebook page, so the good possibility is that the crime unit, the computer crime unit may subpoena facebook to get the person's name who made this thing up. megyn: right. interesting, trace. thanks. >> reporter: okay. megyn: the new and very young miss america criticized for her political ambitions. what exactly is wrong with dreaming of becoming a united states supreme court justice and then president of the united states? i'll tell you next. curtis: welcome back to geico radio, it's savings, on the radio. gecko: kate from mill valley, it's all yours. kate: well, i'm shopping for my first car. gecko: nice! i do hope you'll choose geico and save a good bit of cash... curtis: what color is the car? i bet you'd look great in a blue car. kate: no...actually, i'm torn between a fuel-injected inline-6 and a higher torque turbo diesel. gecko: yeah...now that's quite a quandary! umm, i mean of course you could save either way. curtis: yeah but is one of them blue? cause i'd go with the blue one. anncr: geico. 15 minutes could save you 15% or more on car insurance. progresso. oh yes hi. can you please put my grandma on the phone please? thanks. excuse me a sec. anotr person calling for her grandmother. she thinks it's her soup huh? i'm told she's in the garden picking herbs. she is so cute. okay i'll hold. she's holding. wha? (announcer) progresso. you gotta taste this soup. >>megyn: the newest miss america is very ambitious. very ambitious. the 17-year-old would like to go to law school, and become a supreme court justice and then president of the united states. you can almost see the dancing unicorns and gum