over our destiny, and that's why my supreme responsibility as prime minister of israel is to ensure that israel remains the master of its fate. so i thank you very much, mr. president, for your friendship, and i look forward to our discussions. thank you mr. president. >> thank you very much. megyn: senior white house foreign affairs correspondent wendell goler is live in washington on north lawn with more. >> reporter: megyn, the international atomic energy agency has singled out a new site, the parchin site, it will need to inspect sooner or later, this as president obama and prime minister netanyahu hold talks, the president said would focus on iran. the two leaders should be wrapping up lunch shortly. the president says he still thinks there is time for sanctions and diplomatic pressure to convince iran to give up its nuclear weapons am bikies, but he also said he expects what he calls a series of difficult months in 2012. >> even as we will continue on the diplomatic front, we will continue to tighten pressure when it comes to sanctions, i reserve all options and my policy here is not one of containment, my policy is of prevention of iran obtaining nuclear weapons, and as i indicated yesterday in my speech when i say all options are on the table, i mean it. >> reporter: iran's weekend elections appear to have strengthened the hand of hardliners and perhaps weaken president ahmadinejad by making it less likely he'll be able to hand pick his successor when his term expires next year. a week ago israel said it wouldn't warn the u.s. before launching an attack on iran's nuclear facilities so that we wouldn't be accused of green lighting the attack but on this day, prime minister netanyahu made it clear we'll be blamed, anyway. >> for them, you're the great satan, we're the little satan. for them, we are you and you are us. and you know something, mr. president, at least on this last point, i think they're right. >> reporter: netanyahu cheered the president for saying israel must have the ability to defend itself by itself, then he said on security matters, israel has the sovereign right to make its own decisions. megyn. megyn: wendell goler, thank you. well, the president and the prime minister had a few differences in their statements this morning but mr. netanyahu made a point to thank president obama for his speech at a proisraeli conference in washington yesterday, where the president appeared to take a harder line on the iranian issue: >> iran's leaders should understand that i do not have a policy of containment. i have a policy to prevent iran from obtaining a nuclear weapon. megyn: plenty of applause there, but some of the president's other remarks were met with deafening silence. now some are raising questions about how much of that speech was actually for israel and iran, and how much was for american voters. our political panel debate is coming up right here. well, the national weather service has now confirmed that it was a massive ef3 tornado that tore through southeast tennessee on friday. the storm tore through the heart of harrison, tennessee packing winds of 165 miles an hour, nearly leveling the downtown. take a look at this picture of a harrison resident standing inside a room of his home, with the roof completely torn off. his possessions, scattered about. look at that. that's amazing. jonathan serrie is live on the ground now in harrison with more. jonathan. >> reporter: megyn, the woods behind me used to be lush green, with pine trees, all the pine needles have been stripped from the trees, many of the trees toppled. as we look over here you can see the destruction to homes, residents coming in, trying to salvage whatever they can. over here, we see some church buses, red cross is here, salvation army here, many people coming to help out, including many cases of neighbors, helping neighbors >> some guys from my church come over to cut trees and one of my neighbors on the back side of the neighborhood here came over and handed me a key and said i just wanted you to know, i renovated a four bedroom house and having four children, i just want you to have it for as long as you need it, and it's just unbelievable. >> reporter: and it's because of that community spirit that so many residents here say that rather than leaving, they intend to rebuild. right now, you can see utility crews, stringing new cable, slowly bringing this neighborhood back to normal, but residents are realistic, they realize that once everything is rebuilt, it's going to look like a beautiful new subdivision, not the old established neighborhood that they knew for many, many years. megyn, back to you. megyn: jonathan, thank you. well, new questions today about the future of the chevy volt. the plug-in electric car gets an amazing 91 miles per gallon and the government is offering a $7500 redate to buy one. huh? but sales have been slow. so slow, in fact, gm is suspended production for five weeks now, despite president obama himself putting in a sales pitch for the car just last week: >> i got to get inside a brand new chevy volt, fresh off the line, even though secret service wouldn't let me drive it! but i like sitting in it! it was nice! i bet it drives real good! and five years from now when i'm not president anymore, i'll buy one! and drive it myself! >> megyn: joining me now, stu varney, ho of varney & company. here the question i have for you, if this thing gets 91 miles to the gallon, 91 miles a gallon, you get a $7500 rebate if you buy one, why aren't they selling and why is gm suspending production on the car? >> very good questions, megyn. here's the answers. because the people have a problem with the price, $41,000 or more, and you get the tax break later, when you submit your tax return. there's been some bad publicity about the fires in the batteries on the chevy volt and some people question the driving you can do with the charge so bottom line, consumers given a free choice are just not buying the volt in the required numbers. what they are buying is supercheap, very, very small, all gas powered cars like the forward focus. the -- ford focus. the ford focus sold 20,000 in february where the volt sold 1000. the focus is under $20,000 out the door, the volt is above $40,000. and, the focus gets 40 miles to the gallon, guaranteed, as opposed to the limited driving time on the charge on the vlt. megyn: you don't get eric bolling started on this again! he shows the video of him breaking down one more time in the tunnel as he tries to come into new york. they gave him a volt to get him to drive around to try to persuade him and had the opposite effect. why do we care? that # $500 rebate, who is paying for that? >> the taxpayer pays for that. in the latest budget proposal from the president he wants to double down, he wants to make it $10,000 per volt, per consumer. the bottom line is that when consumers have the free choice, they're not being pushed in the direction that the president wants them to go in. they're not choosing the volt. very bad news for the president's green energy policy. very bad news for general motors, which was bailed out, and then had the volt as its kind of flagship product for the future. very bad news for both of those two items. and it just goes to show that the government doesn't really pick winners very well, and it has a hard time persuading consumers to buy something which they're not keen on in the first place. megyn: is this, like, you know, when you were little and your parents tried to make you eat the broccoli because the broccoli is good for you and you really need to eat it and it's better for you than the potato chips and you don't want it and don't like it but they keep forcing it down your throat and eventually like when you're 40, you decide to eat the broccoli and you like it? is that one of those situations where the president thinks he knows what's good for americans and knows we don't like it in the initial stages but eventually we'll like it and it will be better for us and the world? >> the premise is indeed broccoli is good for you. are electric plug-in indeed good for america, general motors and good for consumers? i'd question that. megyn: stu varney, i think we should take it up with former president bush, bush 41. >> wasn't the issue broccoli? >> megyn: i think it was! questions today about a new promotion at the department of justice. remember this guy? american john walker lindt, aka taliban johnny? he joined the taliban and fought against the u.s. in afghanistan. wait until you hear what his lawyer, the guy who represented him, will now be doing as the number three man the a the department of justice. that's right after this break. and vladimir putin shed tears this weekend when he earned he was -- when he learned he was elected president of russia. after the break, who's crying down. >> and gop candidates take real questions from real people and wait until you see what happens when mitt romney found himself confronted with a difficult question at the huckabee forum this weekend. >> this week, president obama's administration again cut his benefits. sir, will you look me in the eye, tell me, who will be taken care of? how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories. on december 21st, polar shifts will reverse the earth's gravitational pull and hurtle us all into space, which would render retirement planning unnecessary. but say the sun rises on december 22nd and you still need to retire, td ameritrade's investment consultants can help you build a plan that fits your life. we'll even throw in up to $600 when you open a new account or roll over an old 401(k). so who's in control now, mayans? megyn: the farther you drive the deeper you'll have to dig into your wallet to get there. gas prices continuing their rapid climb nationwide and some economists fear they could slam the brakes on any economic recovery. nationwide, the average now up to 3.77 a gallon, according to aaa, up 7 cents in one week. we've been following prices closely in cincinnati, ohio, just as one bellwether, right now drivers in that city paying 3.72 a gallon. that's an increase of 8 cents per gallon over the last week when that same gas cost you 3.64. new questions today about the man just tapped to help shape u.s. policy on what happens to gitmo detainees. tony west is now at the number three spot in the department of justice. but before that, he defended one of america's enemies. mr. west was the attorney for convicted terrorist john walker lindt. lindt is the american captured in afghanistan back in 2001 while fighting for the taliban. so what's this guy doing now in the number three position at justice? joining me now, democratic contain campaign consultant and former legal house counsel for the house judiciary committee, gentlemen, thank you very much for being with me. >> thank you. megyn: outline for the viewers, why is this controversial? >> it's controversial because it's a fox watching the hen house or the chicken house. you've got a situation where an advocate for accused and convicted terrorist, an american taliban, john walker lindt, his lawyer is now setting policy for how we handle gitmo detainees and the whole policy with regard to the individuals that are detained at guantanamo bay, including their habeas petitions. look, lawyers represent controversial clients, i get that, that doesn't mean you've got to put them in charge of the division of justice that oversees policy and how we handle terrorist, those taken on the field. the concern i have here is to me it's interesting, the attorney general of the united states, in introducing the new number three spot, the man that's got the job, fails to mention that he was of all his accolades and i'm sure he's a good lawyer, fails to mention he was the attorney for john walker lindt, and a law firm including him represented some of the most notorious individuals accused of terrorism against the united states captured on the the battlefield that our country has ever seen. that was omitted from his introduction as the number three in the defendant of justice. megyn: julian, is this defensible? >> well, i would say probably the vast majority of the republicans in the senate have defended it, and i would disagree with jay, they voted for him by an overwhelming margin, i think 82-4, when west was nominated and confirmed for the position of the head of the civil division. a number of bush officials, including the head of the civil division, the general counsel for the national security council, the nfc, all have issued positive and supportive statements about west, saying that it was very, very important that we have good lawyers involved in these cases because they help flesh out some of the cases. the mere virtue of the fact that he defended lindt, and nobody has sympathy for lindt, nobody is an advocate for lindt, the virtue of the fact that he defended lindt is something that was important during that time to work out, very complicated issues about how the prisoners out to be treated while detained, whether we should use the civilian system but he's had support of the republicans so i think this is looking at an issue where there is none. megyn: heading up the civil division at doj and making him number three man, nobody else to answer to other than holder -- >> well, it's a completely different position, so the fact that he was approved to be the head of the civil division is one thing, but making him the number three in the justice department, that now is the policy setting position for the department of justice, is something else. and it will be interesting to see what kind of reaction he gets. i'm not questioning his ethics or legal skills. i'm sure he's a good lawyer. and with competent skills. but i question the fact that we're will to go put in place an air -- and eric holder puts to me a controversial nominee and how come if they're so proud of all the accomplishments they don't put in there was the defense lawyer for john walker lindt who julien rightly said no one is defending because he turned on his own country, the united states? does the attorney general have the trieght make the appointment, sure, is it subject to the advice and consent of the senate, absolutely. this is a different position and is going to raise different questions. megyn: julien, eric holder, all the attorneys -- attorney generals, let's face it, the lawyers here, they always get hammered. that's a tough job. when you're the attorney general, you're going to get hammered. but does he invite the hammer something on the heels of the week in which we learned they spent $750,000 in taxpayers' money to get the gitmo detainees a soccer field, a state of the art soccer field, then we find out that one of the notable lawyers defending the american taliban is now our number three at doj? >> well, let's -- i don't know that he's defending the american taliban. he took a case, a very important case, where again republicans said it was important to have good representation. on jay's point -- no. he -- >> it's to jay's point to the number three-point from the civil division, as head of the civil division he was the guy principle involved in dealing with the habeas cases that were coming from gitmo prisoners and he's overwhelmingly won those cases which means the u.s. keeps those prisoners in custody. so i think that's .1. point two about the politics of this thing, i mean, remember, the obama administration has taken a very, very aggressive position, not only with what happened in libya but in going after bin laden, but using drone strikes against, including americans who may be involved in terrorist activities abroad. i think they have kept gitmo open, they have taken a pretty, pretty strong position, they've had a lot of criticism on the left about it. >> well, i made the statement -- yeah? >> go ahead, jason. >> i would just say that, again, you know, republicans overwhelmingly in the senate and former bush administration officials had the support of -- >> megyn: let him respond. go ahead. >> you made this statement about gitmo. that's interesting. the president ran on that he was going to close gitmo, but then he started getting the 7:00 in the morning briefings that presidents get when you're in the war on terror, we are still engaged in and all of the sudden gitmo is not closing and we're paying $750,000 for a soccer field when we can't balance our own budget and the guy that's going to head up review and set policy is the lawyer who represented john walker lindt. to me it doesn't make political sense. forgetting the legal issues as well but it makes no political sense. megyn: listen, all i can tell you is it's a beautiful field! it's gorgeous, the astroturf in the early morning. >> ridiculous. megyn: i got to go. >> you're missing the point in that case. mig now they're investigating whether that's going to happen or we should get a refund. guy -- guys, thank you as always. >> thank you. mig rush limbaugh still getting slammed about his comments about a georgetown university law student who testified on capitol hill but one of the top liberal columnists says some of the people throwing stones at rush are living in a glass house. stay tuned as kirsten powers demands some equal opportunity accountability. plus, newly elected president vladimir putin, taking a tearful acceptance speech on sunday night. now, international election monitors are crying themselves. crying fraud. and we are getting new pictures of protestors heading into the streets, right now. 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[ male announcer ] for fast powerful pain relief, use bayer advanced aspirin. megyn: fox news alert. we are getting new pictures, in just the last half hour, as large crowds of protestors start to gather on the streets of moscow. they are reportedly downset about russia's presidential election. sunday's outcome saw a very emotional vladimir putin secure at least another six years in power as the country's new reelected president. look at him. now a top european watchdog is calling for an investigation, calling the election skewed. amy kellogg, live in moscow, with more. >> reporter: megyn, the latest is that this protest which had been peaceful earlier in the evening here in moscow has started to turn a bit ugly. we're not sure which direction it's going to go. the police are pulling people off pushkin square. me had a permit to demonstrate against putin but everyone thought there would be a limit to what the police would tolerate in terms of protests and now that the rictry -- victory is secured it's clear the tide is turning. we don't have the details but what we have heard is the fire brand anticorruption blogger, really in many ways a charismatic ring leader of this movement has been arrested by police. earlier this the -- in the evening, he was speaking to crowds of, say, # 4000 people, saying the protestors would take over the streets of the squares in moscow and not leave until putin left the kremlin. he also was continuing his chants that the people in power are crooks and thieves and said they weredy vowing the country's oil and gas. putin as you mentioned, megyn, teared up as he won enough votes to bypass a second round in this election. he claimed the tears were caused by the cold wind. he won 63 percent in the electricals that he said were fair, but the organization for security cooperation in europe said they were not. some say putin's remarks last night, lashing out at political provocation, he said were meant to bring down russia and usurp power came at a time when some suggest an olive branch to the opposition would have been the right tone. >> he accepted victory so many times that it looks like even if he accepted with two-thirds of the vote, it was a victory of two-thirds of the country over one third of the country, when is not a very good thing. >> reporter: megyn, these violations have to do with, first of all, the fact that observers say the election was never fair, these candidates were on equal footing with president putin because of the restrictions in the election process, but also, there were various irreg laters cited by endent groups, problems that need to be looked into. but again right now, immediately we're looking at these protests that continue to take place in moscow that appear to have become somewhat violent and involve some arrests. we'll keep you posted on how that pans out tonight, megyn. megyn: amy, thank you. a tense meeting between president obama and israeli prime minister netanyahu today, the president promised that u.s. has israel's back, but what do past actions suggest? our political panel debates right after this break. and should an illegal immigrant be able to collect a $750,000 winning lottery ticket that he bought right here in america? how this case ended up in court in the first place, later in today's kelly's court. and, when this world war ii vet passed away this weekend, the world lost a real hero. just ahead, the story of a guy who singlehandedly took on a german tank and then dragged two of his buddies more than half a mile to safety. >> a sniper fired a bullet, knocked my lieutenant's bars out and the bullet went through the helmet and came out the back. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. 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[ major nutrition ] ensure. nutrition in charge! megyn: well, a homicide bomber killed two afghan civilian necessary an attack outside baghram air base near kabul, afghanistan, the taliban claiming responsibility, saying it was revenge for the recent burning of korans by american troops, an accidental burning. a wrongful death lawsuit by parents of two victims of the 2007 shootings at virginia tech goes to court today, they're suing the school claiming it did not do enough to alert students there was a gunman loose on campus. thirty-two people died in that rampage. attorney general eric holder will outline the legal support for the targeted killings of american citizens overseas, who are considered terror threats. this comes five months after the killing of a u.s.-born al-qaeda cleric, ann wa al-awlaki in yemen by a drone attack. back now to our top story today on the showdown over iran's nuclear program. president obama got a standing ovation yesterday when he discussed how to deal with iran and his plan for that at a proisrael conference in washington, d.c. but at one points in his speech, deafening silence. here's a couple of clips: >> i do not have a policy of containment. i have a policy to prevent iran from obtaining a nuclear weapon. >> [applause] >> iran's leaders should have no doubt about the resolve of the united states. >> [applause] >> just as they should not doubt israel's sovereign right to make its own decisions about what is required to meet its security needs. [applause] >> i firmly believe that an opportunity still remains for diplomacy backed by pressure to succeed. megyn: and there was no clapping after that. so what do we make of that? joining me now, former deputy assistant to president george w. bush, brad blakeman, dick harputlan is also here. gentlemen, let me start on this, the president seems to be amping up the rhetoric at least when it comes to israel and that is manager that israel has wanted, they want action but they also wanted to increase rhetoric to send the message to iran. has he glean and do you see the president actually changing course here? >> no, i don't think the president has changed one bit, other than pandering to the apac crowd. this president may have a plan. the problem is, nobody knows what that plan is. the fact is this president would like to tell israel just get past the 2012 election, and we'll deal with it when i'm reelected. guess what, nobody is going to give the president any points for diplomacy, because quite frankly, he's been awol on diplomacy. if he meant something, how come he hasn't appeared before the u.n. security council, why hasn't he called other nations to the security council long before it's gotten to this crisis stage? the fact of the matter is this president doesn't want to deal it, this president is not a true friend of israel because if he were everyone would know what the american plan is and that is to stand shoulder to shoulder with our best, most valued ally in a troubled region. megyn: dick, the israeli press in particular suggesting the president's speech yesterday which sounded a lot like the remarks he made publicly today when meeting with mr. netanyahu were aimed more at the jewish voter here in america than they were aimed at sending a real message to israel, that he's worried about losing the jewish vote, but his policy hasn't changed at all with respect to israel. >> well, i think his policy with respect to israel is a policy that's good not only for israel, but more importantly, for the united states. you know, teddy roosevelt once said speak softly but carry a big stick. he is attempting through economic sanctions to strangle iran into concessions. now, the united nations, by the way, brad, china would veto anything that we do to cut off anything to iran. they get 20 percent of their oil from iran. so they don't -- they're not going to allow that to happen. but the president -- >> the point is -- you use diplomacy. >> he is using every venue through diplomacy and i would point out to you that he's not going to shoot first and ask questions later which was the bush administration's policy on foreign affairs. that's why we ended up in iraq for ten years, in a war that cost us thousands of lives and trillions of dollars. he's going to take a different approach and he will, as usama bin laden found out, he will use american military to respond if necessary. megyn: okay, so but -- let me ask you, brad, as somebody who's supportive of the prior president, not so much of this president, does barack obama have it right that while the united states needs to stand shoulder to shoulder with israel the american people don't want to go to war with iran and don't want to find themselves embroiled in another military conflict now? and so what choice does he have right now? >> he has a choice to lead. you know, after world war i, we were fatigued by war, we let hith -- hitler get so powerful we couldn't stop him. he laid out exactly what he wanted to do if he came into power and he did it. i understand the fatigue of war but the alternative is terrible. the fact is if iran gets a nuclear weapon and says they want israel and the united states wiped off the map, they're building the instruments to do that, one of their leaders has said that israel is evil and must go, we cannot let that happen. we cannot clean up a mess after israel has been destroyed and say god, i wish we would have done something sooner. we've got to learn from history. israel is our most valued ally, we must stand shoulder to shoulder. it's in our interest to do so. anything short of that is unacceptable. megyn: dick, this is a very real political matter for the president. and ambassador bolton is going to be here in a little bit and we'll talk to him about the national security and that issue. but it's a political issue as well. you guys both know that. the jewish vote is significant in this country and even if you're not a jewish voter america cares about israel and we care about our relationship with israel. how does the president navigate this, just postponing it would be a political win but that is looking less and less likely , dan. >> i don't know that he's postponing it. what he's saying, we're going to try everything, diplomacy, if you will, short of violence, and if the united states receives credible intelligence or israel gets credible intelligence that the bomb is close, i'll guarantee you we bomb them into the stone age as does israel, and iran knows that. so the question is not whether you use force. the question is whether you have to and when we do, you can bet your socks that barack obama will unleash holy hell on iran. megyn: we'll leave it at that. not wearing any socks, as usual, on this program. would look very strange in these high heels against this desk. thank you! how odd would that be! brad and dick, see you soon. >> bet whatever you want, megyn, bet it! >> megyn: i'll bet it! >> coming up, rush limbaugh ignited a firestorm with his comments about a georgetown law student but one of the country's top female columnists say some of rush's critics need to take a good look in the mirror. up next, her demand for equal opportunity accountability. and the nypd has been dealing with a backlash over surveillance of some muslim groups but today, the boys in blue get a big show of support and wait until you see who was behind it. and, did mitt romney have a big moment this weekend, as moments go in a presidential campaign? 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[ male announcer ] get investing advice for your family at e-trade. megyn: conservative radio star risch lum because apologizing this weekend for his defensive description of a georgetown law student who testified before congress on contraception. the apology was immediately touted as a badge of honor by some on the left but one top liberal commentator is telling her plank, not so fast in the celebrations. kirsten powers suggesting some of the limbaugh's loudest critics might want to look in the mirror. ms. powers is with me, writer for the daily beast and fox news commentator. welcome. >> hello megyn. megyn: this is interesting. this started about religious liberty and contraception and it's morphed into something different now about whether in your piece, you raise a question about whether there's a double standard when it comes to calling out conservatives who say the wrong things, offensive things and liberals who do the same. >> yeah, and i said in my column i think what rush limbaugh said was extremely egregious, it's something that i think he deserves the outpouring of anger about, that the boycott, everything, i support all that, but at the same time, if you're going to get so upset about him using this term, which i'm not going to use on television, it's the -- >> megyn: it starts with s and ends with t. leave it at that! >> you have to get upset when spb like bill maher, a contributor to president obama's packet, he gave them a million dollars, and liberals go on his show all the time, jennifer g ravment mholm, russ feingold was on his show, you have the liberals saying rush limbaugh has to be taken off the air for saying something like this, it doesn't make sense that somebody like bill maher is not only able to stay on but have the top democrats and top liberals coming on like it's no problem. megyn: you saw him the grand poopah of media mass on thisny and the examples are epic. he called sarah palin a dumb t, blank, t, he called her the c word. >> yes. megyn: he called sarah palin and congresswoman bachmann and two bim bos, and on and on it goes and i thought it was interesting because you point out how none other than gloria steinham goes on his show and doesn't confront him about it but who. >> ann coulter, the big feminist, ann coulter. so i think the thing is that it's hard to even repeat the things that he says on television because they're so outrageous and what's been particularly upsetting to me, megyn, has been the response i've gotten to this article, when is oh, it's so different, it's okay to call sarah palin all those words because she is a public person, but this other woman who was in front of the hearing on the contraception, well, she's a private person. it's like oh, i'm sorry, it's okay to call somebody the c word if they're a public person? when did that happen? you know, like oh, people start calling nancy pelosi that, everyone would go oh, she's a public person, oh well? it's not okay. and bill maher has attacked a woman who was a private citizen, who was involved in a case because she was breast feeding and harassed about it and he said all sorts of horrible things about this woman. megyn: and he says well, i don't have sponsor, so a lot of the men you list in your article as some of the worst offenderrors do -- offenders do have sponsors and they do seem to get a pass when they say things that are not just offensive but hurtful. there's like a presumption that some of the women don't have feelings. from sandra fluke on down, including sarah palin. she runs around, she doesn't have feelings, and you went through ed schultz, who called sarah palin a bimbo and laura ingram a right wing fl, you know what. he was forced to apologize but is he being boycotted? keith olbermann, you talk about some of the things he said. >> that's the point. and the other thing is well, he apologized so it's okay. my response to that is really? if somebody dropped the n word, could they just apologize and get out of it? >> i don't understand why these very specific, gender-specific attacks on women are work. -- are okay. it's fine to attack on a woman, look, we're grownups, call us stupid or whatever you want, but the point is, why do they have to choose these gender-specific names that they know are particularly nasty towards women? >> megyn: on the olberman front, he says mal kin is a matched up bag of meat, where was the outrage, kirsten? why? why do they get away with it when somebody like rush does not in. >> because this isn't really -- not? >> this isn't about mass on thisny, this is about the democratic party. it's a proxy war for the democratic party, they can use it in the election for part of the war on women and they can attack rush limbaugh because he's conservative. it has nothing to do with mascogony or sexism, if so, they would freak out at schultz at rolling stone who literally you cannot repeat on the air. it's so disguing and there's so much more than we have in the article. karen of the "washington post" has horrible things he has said about her. look it, they overlook it because they're liberals and liberal men are allowed to be masochogish. megyn: they're not offended by rush and they're not offended when they hear bill maher say these things but they see an opportunity when a conservative does it. >> they see an opportunity. i think they probably find it offensive. i can't imagine you would read this and not say it's not often itch. my question is if you'reond dollars, do something about it. you can't only do it when it's a conservative, you can't sit there quietly while chris matthews does real serious dang to hillary clinton, the first woman presidential candidate who has a chance of winning an election is denigrated and torn apart in the most vicious, sexist terms by him, over and over, and then he kind of gives this lame apology, like seven months later, eight months later, after he's already done the damage and turns around and starts doing it all over again. so the point is, if you're really upset about, do something about it and for bill maher, okay, he doesn't have sponsor, just don't go on his show. it's very simple. if it's so horrible to call somebody an slut, then it's got to be bad to call them the c word, right megyn? does that make sense? >> megyn: i have to say, object bill military aher's show, he had a less than kind word for me at one point and jane harman, a democrat, sitting there, put him in his place, gloria steinham, sitting on the couch, not so much. i think that's very interesting. kirsten, thank you for coming on with your insights. thank you very much, see you soon. we're taking your thoughts on twitter, let me know what you think. less than 24 hours now to the start of supertuesday. chris stierwalt and doug schoen are here with the last minute shift in the polls and some surprises that could send this race in yet another new direction. plus, a real american hero has passed away. just ahead the epic story of the man who singlehandedly faced down a german tank, killed four german soldiers, captured 17 others, dragged two buddies a mile and a half tong safety! day helps defend against digestive issues with three strains of good bacteria. hit me! 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[ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. you know, typical alarm clock. i am so glad to get rid of it. just to be able to wake up in the morning on your own. that's a big accomplishment to me. i don't know how much money i need. but i know that whatever i have that's what i'm going to live within. ♪ ♪ megyn: those commercials are so heartbreaking. just rescue the animals now.org, rescue the animals now.org and if i never have to see that commercial again, i'll donate everything i have! we had to make a couple minutes for the passing of an amazing american, colonel vantart received the honor for his bravery in italy where he faced down a column of tanks singlehandedly and saved the lives of two injured men and ways, there's more. trace gallagher has it live from l.a. >> reporter: i was reading all morning about this man. you talk about epic courage, van thomas barfoot a. native american, fought in world war ii, korea, vietnam, got a purple heart, but it was during the battle of omzia where he received the battle of honor, may 1944, two weeks before d day, the germans were moving forward in italy, sergeant barfoot led his platoon, he took out a german machine gun with a grenade, then took out a second machine gun, when he reached the third, the entire german crew, they surrendered, 17 men, the german then lost a counter counterattack, barfoot used a bazooka and helped two wounded comrades, dragged them 1700 yards, more than a half mile to safety. epic courage is an understatement. and remember, the germans in world war ii, the battle of omzia was key because keeping germans occupied so our troops could land in normandy was great. this flag, two years ago he fought another battle, he wanted a flag, the homeowners association said no, take it down, he refused and with the help of media and politicians the flag stayed, megyn. but an american hero, lost, van thomas barfoot, 92 years old. megyn: we salute the colonel. high level talks in washington today, iran dominating the agendas prime minister netanyahu meets first with the president and then with america's top military leaders. coming up, former u.n. ambassador john bolton has spent a large part of his career working on the iranian nuclear issue. he joins us live, coming up. and remember this? from friday's show? >> we're in hairsberg right now and can you be quiet for a second so you can hear them. those are the tornado warning sirens blairing right now. megyn: our own mike tobin was in the thick of things during the outbreak. he is still out there braving the weather. now it's snow on top of destruction. he joins us live, next. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ 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! to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye-care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. [ male announcer ] ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now, that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health. megyn: fox news alert. we are watching an intense scene in moscow. protesters taking to the streets crying foul less than 24 hours after vladimir putin was declared winner of the presidential election. they say the election was marred. one of the republicans presidential candidates could be heading into tomorrow's super tuesday with some big momentum. welcome to a brand-new hour of "america live." i'm megyn kelly. mitt romney surging against his rivals in some key national polls in critical states voting tomorrow. the real clear politics average shows mr. romney with 38% nationally with a double digit lead over rick santorum. santorum has the lead on the national basis a week ago. but the polls could hold some big surprises the day before voters award 400 delegates. here to help us understand it, chris stirewalt and doug schoen. welcome, gentlemen. now, chris, you see a reversal of fortune of mitt romney as we have seen so many times before. it was a week or 10 days ago mr. santorum was on this program. he was the national front runner. what changed it and does it matter the national numbers where you go into a contest where it's all about individual states. >> yes and no. the candidates are strong and weak in different places. but what we have seen this year is the local polls in large part track what's going on nationally. the republicans are going through their options bit by bit. maybe it's fair that at the end mitt romney end up with the surge. he never laely had a surge and we see him up 10 points since last month. in the "wall street journal" poll. maybe it's time for a romney surge. megyn: has been the front runner but never had a surge. doug, everyone is look at ohio in this contest to see who is likely to win. it is neck and neck. what makes the difference with 24 hours to go? >> in a word, momentum. is a looked at the polls i have to agree with chris. the momentum is with mitt romney. he outspent santorum mostly on negative ads in ohio and it's going to show an impact in the late-release polls are showing an ever so narrow 1-2 point advantage for mitt romney. megyn: you are saying you have to look at the surge behind the numbers which is what we saw in iowa for rick santorum. we are not talking about gingrich or ron paul because neither one of them is expected to win ohio which is a big state. but gingrich is expected to win the state of georgia, not necessarily looking invincible. if he doesn't win georgia is it over for him? if he does, is he still in this thing? >> it depend on two things. the way delegates are divvied up in georgia, newt gingrich can win maybe 6delegates -- maybe 60 delegates in the suburbs. can he fish ahead of rick santorum in one of these other four big primaries taking place? oklahoma, tennessee, ohio and georgia. if he could use his influence in southwestern -- southeastern tennessee, do well there and edge ahead of rick santorum to finish second in tennessee that would and lot to him. megyn: you say it won't end the fight on super tuesday. >> it won't end the fight because i think everybody will carry on. but if mitt romney wins ohio which i suggests is likely, he will win massachusetts, i suspect, vermont, virginia, and perhaps pick up idaho as well. i think santorum will probably win oklahoma. gingrich, georgia. they will be able to carry on. but i think the republican establishment is going to try to anoint mitt romney if those result come in as i suggest. megyn: a very exciting time. we'll be watching it. as when wait for the polls to open there was a remarkable moment this weekend for mitt romney during a forum hosted by fox news channel's own mike huckabee. it came as a candidate field a candidate not from the media but from a father whose son fought and was injured in afghanistan. >> this week president obama administration again cut his benefits. sir, will you look me in the eye and tell me he will be taken care of? >> david, my heart breaks for you and your family. it's just hard to imagine what it could be like. i have five boys as you know. having one of them injured that way, having one -- having his life taken, it's something you can only imagine. megyn: a father. we share the question and the full answer, most it, a big chunk of it with our focus group for their feedback just before we started today's show. >> for the first time in the campaign i saw genuine empathy with this fella. i looked at this and said, my god, his heart really does beat. he may even bleed if you cut him. i had been waiting for this for two years. this is the first time i itch ever seen this coming out of mitt romney. megyn: stay tuned for more from our focus group and whether this could be a key campaign moment for mitt romney. don't forget our complete coverage of super tuesday beginning tomorrow at 6:00 p.m. eastern on fnc. bret baier will be co-anchoring the big event. we'll have the results live as they come in. join us live as we have all angles covered tomorrow night all angles fair and balances. extreme weather alert. new troubles for the tornado zone as falling snow and plunging temperatures complicate the cleanup efforts in kentucky. a state where a dozen twisters swept through last week. 39 deaths blamed on the fade outbreak. mike tobin was in the thick of things as we were broadcasting live friday. take a listen. >> reporter: we are in harrisburg. i'll be quiet so you can hear them. those are the tornado warning sirens blaring. directly behind us, this is the strip mall that took that direct hit from the ef-4 tornado. there is a ton of debris that can go flying around here. my crew and i have have our eye on this storm drain ditch. if it gets really bad we have somewhere to go. megyn: megyn: that was harrisburg, illinois. mike is now in kentucky. >> reporter: i'll tell you what's going on here is a massive cleanup effort. megyn, i have never seen a town in which every structure was hit. there is no home, no business that was spared. this is an insurance adjustor examining the property, climbing over all this debris. all this debris has to come out of this town before you can think about get together repairs. adding insult to misery the snow is coming down. people returning to their homes trying to gather up their belongings have to dig through that snow. the power crews have to brave the cold temperatures and work with the wet and the cold and the snow as they are trying to resort power lines. the bright spot through all of it is the sense of the community and the people who have pitched in to help. an example here is j.c. with team rubicon. you are military veterans who volunteer and show up at sites like this. >> we have gone throughout the midwest since the tornadoes hit in a bunch of communities. we help remove debris, clear roadways, look for survivors. just anything the community needs to get back on their feet again. >> reporter: you are all veterans from iraq and stan. >> and vietnam. we had a call to serve our country. even though we are not in uniform we want to continue that service to our country. by engaging in these missions it gives us a sense of purpose, a sense of community and a sense of direction in our lives. >> reporter: that one thing they appreciate, despite all this disaster, the fact that people are coming together. back to you in new york. megyn: mike, thank you. the nypd surveillance of muslims under fire. but look at the support new york's finest are getting from an unlikely group. a crazy chopper crash caught on tape. by the looks of it it's hard to believe anyone can survive this. we'll show you how the folks on this helicopter were able to walk away. president and israel's prime minister holding critical talks on america's nuclear program. what's going on behind the scenes at the white house. insight and analysis from ambassador john bolton. >> my policy is not going to be one of containment. my policy is prevention of iran obtaining nuclear weapons. is a indicated in my speech when i say all options are on the table, i mean it. and who ordered the yummy cereal? 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[ female announcer ] try aleve d for strong all day sinus and headache relief. megyn: high-level talks between iran's nuclear program. beth leaders appearing before the cameras ahead of their oval office meeting with mr. netanyahu taking a hard line on israel's worries about iran. and president obama asking for more time to let diplomacy work. >> we don't want a regime that has been a state sponsor of terrorism be able to feel it can act even more aggressively or with impugnity as a consequence of its nuclear power. that's why we worked so diligently to set up the most crippling sanctions ever with respect to iran. we do believe there is still a window that allows for a diplomatic resolution to this issue. but ultimately the iranians regime has to make a decision to move in that direction. >> israel must reserve the right to defend itself. after all, that the very purpose of the jewish state, to restore to the jewish people control over our destiny. and that's why my supreme responsibility as prime minister of israel is to insure that israel remains the master of its fate. so i thank you very much, mr. president for your friendship, and i look forward to our discussions. thank you, mr. president. megyn: joining me now ambassador john bolton former ambassador to the united nations and a fox news contributor. so happy to have you with us today. put that in perspective for us. what did it mean? you have been coming on the broadcast for weeks. we have been talking about the high-level diplomacy to walk them back from this ledge unsuccessfully we were told. not culminates in this meeting. what did you glean from the statement we heard from these two men. >> i think it laid out the parameters of the meeting quite well. this is going to be a very tough meeting. one-on-one between the president and the prime minister which could go on for some time. then the larger meeting to follow. i think prime minister netanyahu was unambiguous saying israel had to be the master of its fate and it will make its own call on whether it's going to use military force. and strikingly president obama still talking about a diplomatic solution. not talking about economic sanctions to coerce iran to giving its nuclear weapons program. this is a gap that's essentially unbridgeable in my view. megyn: he was talking about a diplomatic solution. our president's language seems to be getting a little more bell koas when he made this speech to the pro-israel group. today he had following comments. i want your reaction on it. >> i reserve all options, and my policy here is not going to be one of containment, my policy is prevention of iran obtaining nuclear weapons. is a indicated yesterday in my speech when i say all options are on the table, i mean it. megyn: your thoughts. >> i don't think he knows where the table is let alone what options are on it. i don't think he's capable of using military force to stop iran and i don't think the iranian regime believes him. in that sense i think we are still essentially where we have been for some time. the president's ideology drives him to try and find a diplomatic or political solution, an is confront with a brute physical reality. and that is that the centrifuge cascades in iran are spinning even as we speak, building up their stock of even riched our uranium and their progress towards nuclear weapons continues unabated. that the reality on netanyahu's mind. megyn:ies he shifting to i don't bluff, all opghtss are opening the table, that includes military options. has he been pressured about it israelis to change at least his rhetoric before they attack iran? >> i think that the president's hoping that his somewhat tougher rhetoric will convince israel he can be trusted. the president is a man of word and i think he believes reality is shaped by wards. that may be true in politics, it's not true in national security. deeds trump words and the deed that matters is the reality of physics, the spinning centrifuges. megyn: when you watched the public comments. what were your impressions. do you think these two men like and respect each other? >> i doubt they like each other have much. they may respect each other as a matter of political reality. the discussion they are having, the meetings and announcements will have nothing to do with personal animosity. this is a matter of strategic national interests. a reality for israel. that's what's going to motivate prime minister netanyahu. i think president obama is professional enough to know whether he likes netanyahu or not web's got his own policy to follow, and that's ultimately what will prevail here. not personal likes and dislikes. megyn: as someone who has been living this for more than a decade. what do you predict is the most likely outcome the next six months. >> i think the most likely outcome is iran gets nuclear weapons. the only thing that stands between the mullahs in iran achieving that objective is some juan taking preep emtough action d taking preemptives against their weapons. i think israel prefer the united states would do it. but that's not going to happen so we'll have to wait to see what israel decides. if they decide not to act, iran will have nuclear weapons. megyn: thank you, sir. coming up, should an illegal immigrant be able to collect a $750,000 winning lottery ticket he bought near the u.s.a.? that question, the man who says the ticket is his in today's "kelly's court." there is lucky then there are the two people in this helicopter who managed to walk away from this crash. trace has the story of how they did that. plus mitt romney faces a critical campaign moment as gets asked a tough question from a proud military dad. the question, the answer, and what this revealed about the candidate. our focus group in moments. >> this week president obama's administration again cut his benefits. sir, will you look me in the eye and tell me he will be taken care of? i've worked hard to build my family. and also to build my career. so i'm not about to always let my frequent bladder urges, or the worry my pipes might leak get in the way of my busy lifestyle. that's why i take care, with vesicare. once-daily vesicare can help control your bladder muscle and is proven to treat overactive bladder with sympts of frequent urges and leaks day and night. if you have certain stomach or glaucoma problems, or trouble emptying your bladder, do not take vesicare. vesicare may cause allergic reactions that may be serious. if you experience swelling of the face, lips, throat or tongue, stop taking vesicare and get emergency help. tell your doctor right away if you have severe abdominal pain, or become constipated for three or more days. vesicare may cause blurred vision, so use caution while driving or doing unsafe tasks. common side effects are dry mouth, constipation, and indigestion. i've worked hard to get to where i am... and i've got better aces to go than always going to the bathroom. so take charge of your symptoms by talking to your doctor and go to vesicare.com for a free trial offer. megyn: muslim activists rally in front of police headquarters in new york showing their support for the nypd's surveillance of islamic communities. a stark contrast to the criticism it has received from liberal groups who are worried about racial or religious profiling. rick? >> reporter: the turnout for this event wasn't dramatic. about three dozen american muslims. but they say they represent a silent majority of the community who understand the aggressive monitoring of mosques and muslim student groups and other organizations to see if there might be ties to radical islam. ray kelly has made no apologies for this program saying new york city has been and continues to be a target for terror. and there have been many more attempt to strike new york since then. he says the only way to stop it is to police inside and outside city limits. among the supporters, ... >> we are not here to cite sims nypd, but wrather to thank them for doing a lot of the work that we as muslims should be doing, which is monitoring extremism, following extremism and help counter the ideologies that help kreate is real nimple our communities. >> reporter: this protest outside fordham university, ray kelly says his department follows strict guidelines and a broad base of knowledge is important. new york congressman peter king was among those here today. he called ray kelly a hero. some of the muslim leaders say many in his group call him a hero, too, but you may not hear it publicly. megyn: claims of a lottery double cross. one man says he had his boss claim his $750,000 prize because he the winner is in america illegally and the boss wants. the boss says he's keeping the loot and is the real winner. who is entitled to the cash. it could be a key campaign moment for mitt romney. the candidate making an emotional connection to a military father in a forum hosted by mike huckabee. what this could mean for the romney campaign. >> you are somebody supporting this. how did it make you feel? >> it's a tough question to answer in realtime. it's not only his supporter but as a human being i wondered how he was going to answer the question. he was so sincere ... laura ] maine is known for its lighthouses, rocky shore, and most importantly, its lobster. it's the tastiest, the sweetest, the freshest. nobody can ever get enough [ male announcer ] it's lobsterfest at red lobster, the one time of year you can savor 12 exciting lobster entrees like lobster lover's dream or new maine lobster and shrimp trio. 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[ major nutrition ] ensure. nutrition in charge! megyn: to the campaign trail. with less than 24 hours to go until the start of super tuesday voting. we have a unique look at candidates. mike huckabee hosted a forum that allowed voters to talk directly to the gop field without media go-betweens. in the middle of this, a remarkable moment involving mitt romney and a question from a father whose son fought in afghanistan. >> personal question for you. my son received a traumatic brain injury wound in afghanistan and suffers from severe post traumatic stress disorder and traumatic brain injury. the government has repeatedly denied services because his wounds aren't visible. he will never be able to return to the regular workforce. this week president obama's administration again cut his benefits. sir, will you look me in the eye and tell me he will be taken care of? >> david, my heart breaks for you and your family. it's just hard to imagine what it could be like. i have five boys as you know. having one of them injured that way, having one -- having lost his life taken, it's something you can only imagine, you can't know unless you really experienced it as you have. i want you to know how much i appreciate your son's sacrifice for our country and your family's sacrifice for our country. for those who put everything on the line we owe everything they need. and i can tell you if i'm president of the united states, i'll not be raising copays on soldiers that are wound, on men and women who served this country and he i'll do everything in my power to help your son and men and boys and women and girls like him. we have you such a great debt of gratitude to these individuals. and i can't tell you enough how much i'm moved by your experience and what debt i believe this country owes to your son and others like him. megyn: joining me now a group of republican voters trying to make up their minds who they are going to vote more this election. you have mike huckabee coming out and saying this is the seminal moment this campaign for mitt romney. steve hayes of "the weekly standard" said this is the most significant moment in the campaign for mitt romney. that moment right there. sometimes these campaigns can come down to a moment. let me start with you. tony. you have been supporting mitt. how did it make you feel? >> it's a tough questions to have to answer in realtime look his father in the eye. i'm not only a mitt supporter, but as a human big wondered how he was going to and the question. he was so sincere, he spent most of the time discussing it from a human point of view, he's the father of five soonses. he -- five sons. then he gave it answer on a policy side of thing. it was a big moment for mitt romney. it took him out of his box. he wants a ceo, he was a human being. megyn: have you seen that mitt romney before? >> no. for the first time in the campaign i saw genuine empathy with this fella. i looked at this and said, his heart really does beat. he may even bleed if you cut him. i have been waiting for this for two years. this is the first time i have ever seen this coming out of mitt romney. martha: megyn: mike huckabee said he thought mitt romney could vernlded the his campaign with the wrong answer' it went on. the father broke down and tears coming down his face talking about how test is for soldiers at the v sarks with traumatic brain injuries. if mitt romney had mishandled that it could have ended his career. did he have an opportunity that he took fill -- took full advantage of? was that an opportunity that worked for him. >> i'm not a romney supporter. i was wanting more. i wanted to see him get up and go over to that father and shake his hand or put his arm around him or something. i saw some -- megyn: you risk looking fake. >> i think the sincerity factor is real. those guys sitting there taking the fire from the panel was powerful because you did not know what the rehearsed probability would be in terms of their answers. as soon as he internalized it and went to his own son and imagine what my son would go through, i think every dad in america said, i feel exactly what he's feeling. i'm not a romney supporter it wasv a very strong moment. i don't think it's the first time we have seen it. he did offer the woman on the rope line financial help that one time. there is a human side to mitt. but it has not been something they have led with have many times. megyn: we heard how he is not connecting with the voters. they like him on paper but he's not connecting. let me ask you, barbara gonzales. you like on toirmp. do you think he connected? >> i feel any of the candidates would have. megyn: the question before saturday was whether mitt would have. >> he was very sincere. he responded to that -- it was wonderful. it was the best response. i still think any of the candidates would have. i'm not sure i like the idea of using this as his moment. i would much rather see someone's moment be not something so raw. megyn: we have had a few in this campaign. we talked about some of them here on this panel. there was one that you guys loved, even the non-newt fans loved of newt gingrich which we have a sample of. remember this? >> you recently said black americans should demand jobs, not food stamps. you also said poor kids lack a strong work ethic and propose having them work as janitors in their schools. can't you see that this is viewed at a minimum as insulting to all americans but particularly to black americans? >> no. i don't see that. [cheers and applause] megyn: that went over huge with republican voters. you love newt in this contest. do you believe the mitt moment was as big as the newt moment? that turned things around for news. >> it was a great moment because it showed on you resolute newt gingrich's characteristics. in the case of mitt romney, i would like to preface it by saying i'm the father of a combat marine decorated in afghanistan. we don't need as much con sillation as thanks as we do action. you have a lot of great attorneys in the private sector representing these young men and women free of charge making sure they get their benefits. i think romney could have emphasized what we are going to do for these individuals. in the events he gets the nomination i suggest he gets a very good speech writer. megyn: he did go on to say, please follow up with me personally. >> he specifically hit the president and tagged him on the cuts that the president insisted upon in recent weeks. those are military service cuts, not civilian cuts. megyn: i want to ask you. >> anybody with a pulse would have reacted witha the same way. what is so special about this? i think it's wishful thinking. megyn: who do you like in this race? >> i'm marginally supportive of romney but anybody with a beating heart would have reacted the same way. >> this was a piece of the puzzle for mitt romney. this was a game changer. you can tell he was sincere. i think he's a good businessman, i like him. but there is no hearter. >> passion. he had passion. so game over. megyn: president bush with the bullhorn after 9/11. that was a huge circumstance for the country. >> i was going to say, with mike -- dukakis, i think some people would have thought like the robot romney might have gone right into policy like he did. and i wanted to say you have seen parts of that before. like when he was on hannity and hannity was chiding him about, you made money, you actually did make money when your parents died and it turns out he gave it all to charity to the school. and just the look on his face and he said i don't want to talk about myself. and i just -- that's why i think of romney when i think about bush and why they have a hard time with the eye, maybe it's -- a hard time hard time with the " megyn: i'll take you back to 2008 when hillary clinton and barack obama were vying for the democratic nomination. he had won iowa. it wasn't looking good for her. when they go into the take it all new hampshire. she had a moment in a cafe, remember this? >> this is very personal for me. it's not just political it's not just public. i see what's happening. we have to reverse it. and some people think elections are a game, they think it's like who's up, or whose down. it's about our country and about our kids' futures. it's about all of us together. let's not just put ourselves out there and do this against some pretty difficult -- megyn: just emotion. >> that won her the new hampshire primary. this is what we are talking about. we actually saw emotion out of mitt romney and for some of us who have been on the fence this was the moment. i now know that -- >> that's the exact point here. you don't plan your moment as a candidate. you don't get to manipulate that. you have to react and show a raw side of you voters have not seen. newt had a great moment but that was part of his narrative. this was not something that we know of mitt romney. it's not a side we are comfortable. this is that missing piece of the puzzle. >> it wasn't as public as newt's moment. it wants as public -- it wants as public ... megyn: i have got to go. it's an interesting debate. he newt had his big thing we had a panel about it. santorum we had a panel. we'll leave it to the viewers to decide whether this is mitt's moment or not. panel, thank you. what do you think? taking your thoughts both on twitter at megyn kelly. if you don't have an account sign up. it's easy to read because it's short. coming up next. a dollar and a dream, now a lawsuits after an illegal immigrant said he won $750,000 in the lottery, but his boss who he asked to claim it for him instead dissed him and took the whole thing. that case going before a jury today and going before "kelly's court" today. a helicopter nose dives and crashes. but you will not believe what happened to the pilot. we are live with the incredible story next. this one's for all us lawnsmiths. grass gurus. doers. here's to more saturdays in the sun. and budgets better spent. here's to turning rookies - into experts, and shoppers into savers. here's to picking up. trading up. mixing it up. to well-earned muddy boots. and a lot more - spring per dollar. more saving. more doing. that's the power of the home depot. show the yard who's boss, with this cordless black and decker trimmer, just $84.97. megyn: "kelly's court" is back in session. a report we first brought in august. a dollar and a dream. an illegal i am grant from guatemala says he won $750,000 in georgia's lottery. he says was afraid to cash in the ticket because it's here illegally. enter his boss who supposedly claimed the prides money for jose. eric after he claimed the cash had a change of heart san jose says he never turned over the winnings and came up with the story he was the winner. now jose is suing eric, eric's soon to be ex-wife is involved and the jury trial begins today. joining me now, lis weihl, and mark eiglarsh. we talked about it in august. now this case has gone to trial. you never think it's going to happen especially when you have got an i will let immigrant and criminal charges have been add since we last talked. so -- who's talk, can everybody hear that? is it just me? okay. lis tell them it's just the three of us on the air. pipe down. you tell me, jose has his case gotten any better since august. >> no, absolutely not. he's in this country illegally. he wouldn't have been able to get that ticket legally. he says he bought it. but it's clear when you go to the web site and look at the ticket. if you make over $600,000 in this lottery you have to show i.d. and a social security card. he didn't have it. he never would have gotten a penny from them. megyn: we are look at eric screen right cashing in the check for $750,000. he's the boss of jose. what are we to believe according to eric? that jose made up the whole story, that erick was the rightful lottery purchase per san jose the employee comes in and tries to claim falsely it was his? >> i misspoke. i think jose has a good claim. i think the boss took advantage of it. i don't think the boss thought in a million years jose would still be in this country. that nobody would listen to him. they are discounting him because he has a criminal background and he's here illegally. the boss is taking advantage of him. he still thinks he will go away, but he's not. megyn: my feeling is if there is a problem -- apparently to win under the georgia system you have to present two forms of valid i.d. and they have to be able to verify your identity or social security number. or or an individual tax number. if this guy jose didn't have this, this wouldn't be going to the jury today, would it? >> he didn't have it. it could still go to the jury. they will decide whose story is more believable? is jose's story more believe and or mark's story? that's what they have to decide. it's a question of fact for the jury. but if he didn't have any of those papers he wouldn't have been able to win in the first place. megyn: in my experience the judge would have decided if the paperwork was in place. now they are going to ask the jury, who do we believe. the judge seems to be past the illegal status of jose. is it plausible that jose who came into the country illegally apparently had two forged towment for i.d., just made the whole thing up because he saw his boss erick and said i would like this $750,000. >> i would be interest electric tilely disquloafnt if i said that couldn't take place. but i don't think it's likely. i think most jurors -- presumption is a guy won't hang in there this long and make up his story about his boss if it's not true. i think that the jurors are going to look at this david and goliath scenario where the boss is taking advantage of his employee. >> if he had those legal papers where he could have legally gone the those winnings, why wouldn't he? megyn: the jury will have the last word on this one. what do you think? see you guys. we'll be right back. wake up! that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition. could've had a v8. try bayer advanced aspirin. : ctured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. megyn: we are getting video an amazing survival story in arizona. a two-man helicopter crew suddenly nose dives into the ground. trace gallagher picks it up right there in our west coast newsroom. >> reporter: it's a retired u.s. military. they were an hour outside of phoenix. they were filming a stunt for a korean television show. the helicopter was 180 feet up. i'll show it to you two times. once in real speed and once in slow motion. look how hard that thing hit. now let's slow it down. you can see they got the nose up a little bit, but the guy filming this decided to turn the camera off because he didn't want to see what happened next. >> i started to walk forward. i didn't know what i was doing. i was walking forward and i didn't want to roll on what i was -- what i thought i was going to see. >> reporter: he thought the pie lotds were gone. not even close. both of those pilots got out and walked away. both suffering minor injuries. and if you look at the wreckage, it's pretty disturbing. there is still a lot of this thing that's still intact. listen to the local police chief. >> the safety gear, the rigid frame, and they were strapped in. they walked away from it with virtually no injury. >> reporter: the authorities say they believe this was caused by mechanical failure but the ntsb is investigating the actual cause, megyn. but no injuries to the pilots. megyn: amazing. speaking of lottery tickets those guys should buy theirs. do it seem plausible that the boss -- that the illegal immigrant employee just decided to mess with the boss who was the valid winner or is it -- anyway, would you sign up for twitter and let me know? coming up, attorney general eric holder is expected to address the legal justification behind the administration decision to kill u.s. terror suspects overseas. turn left. the passat is one of nine volkswagen models named a 2012 iihs top safety pick. not that we'd ever brag about it. [ chuckles ] turn right. come on -- nine. turn lt. hit the brakes. huh. how'd that get there? [ male announcer ] we can't hide how proud we are to have nine 2012 iihs top safety picks, so we're celebrating with our safety in numbers event. that's the power of german engineering. right now, lease the 2012 passat for $219 a month. but proven technologies allow natural gas producers to supply affordable, cleaner energy, while protecting our environment. across america, these technologies protect air - by monitoring air quality and reducing emissions... ...protect water - through conservation and self-contained recycling systems... ... and protect land - by reducing our footprint and respecting wildlife. america's natural gas... domestic, abundant, clean energy to power our lives... that's smarter power today. >>megyn: our viewers are not on the side of the store owner of the illegal immigrant case, because he hired an illegal to begin. and on it