crucial voting bloc. one in every five americans is catholic. nearly 35 and a half million of them voted in 2008, and the majority of them, over 19 million, voted for president obama. chris stirewalt is our fox news digital politics editor and host of "power play" on foxnews.com. chris, this is turning into quite a firestorm for the white house. we covered this last week a couple of times, it wasn't big in the national conversation. a week later very different story -- by the way, chris is at cpac. anyway, covering the news for us down there. now the din has gotten too loud for the white house to ignore, and there is a real question today about whether the president can dig in his heels on this issue. what say you? >> well, look, here's the deal, megyn. here at see pack this become a rallying cry from conservatives. we've heard from marco rubio, we're going to hear from john boehner, they're hammering the president with it because they know it works. they know that it upsets not only catholic voters, but voters who are concerned about infringement of religious liberty, they're concerned about pro-life voters, so this is a really big deal. the administration is in a jam, and it has to get out fast because as the pressure grows from the catholics as you described, the president knows this all along. the candidate who has won the catholic vote in the past ten presidential elections has won the popular vote. that's a really big deal, and president obama knows it. megyn: and just so our viewers know, the latest poll before this dust-up started showed the president leading the, you know, the man who some had suggested was the gop front runner, mitt romney, by eight percentage points with catholic voters. that was taken in january, however, before this really hit the press. so he had an advantage with catholics. however, the approval rating for president obama among catholics has been pretty low, 38% approve, 60% disapprove. again, this is before this recent controversy. chris, we're learning more today about how the decision came down. according to reports, there was a divide in the white house. women like valerie jarrett, kathleen sebelius, the health and human services secretary, were really pushing the president to do this for women's health. vice president jee biden was saying, don't do it, the backlash from the religious community is going to be huge. were they right? >> well, yeah, they were right. but also, the split inside the white house, megyn, reflects the split in the national electorate because if president handles this wrong or continues to handle it wrong i guess i should say, he will find himself in a situation where he must choose to either offend a very important part of his base which are women who believe that free access to birth control and things like that are a human right and that it would be a sexist decision to do that, or he can choose to offend catholic voters, religious voters and folk who believe that this is an unfair forcing of a political view on the religious community. he's got to choose. he can either offend these catholic voters, or he can offend these women voters, and he's got to pick. and he's got to get out of this. megyn: he has chosen. he's chosen to go with, you know, requiring the institutions to provide this coverage. that -- he was lobbied by both sides, and he chose. he chose a side. but now the pushback's getting even greater. you predict in your power play column today, you think he's going to find a middle ground, sort of way to get out of it by offering waives to religious institutions. will that solve it? all right, the rule stands, but you all have to apply for a waiver, and if you can all get waivers now s that really a way out? >> i think it could be because it's what they've done, certainly, on the health care law to this point when they had problems with employers and unions who said they couldn't afford the insurance. they're mandated to carry under the law, they just gave them waivers. i think waivers are a way out of this so they can say to catholics and religious groups we're sensitive to your concerns, but they can still say to the political base, look, we stood firm on this, we did not cave this to the religious right. so i think they're going to try to thread the needle on this and sort of hope it's gone away by the time they get to the election. megyn: uh-huh. and the numbers tell us the reason why that may be. chris, thank you. >> you bet. yes, ma'am. megyn: stick with "america live" for the latest on this issue. as soon as we get the president's comments, we will bring them to you. and check out power play on the web every day at 11:30 eastern time. you head over to live.foxnews.com. we are also following some other developing stories this hour including a major settlement just announced between 49 states and the nation's biggest mortgage lenders. the banks have to cough up around $25 billion in a deal over problems with how they foreclosed on some homeowners. this deal effects people in every single state except oklahoma. under the agreement five major banks will reduce loans for nearly one million households. they're saying maybe you get about $25,000 off your mortgage. the banks will also send out $2,000 checks to about 750,000 americans who were improperly foreclosed upon. what about all the homeowners who got hurt this that crisis and get nothing from this deal? and who do you think really is going to pay that $25 billion that the banks are doling out in the end? who do you think's actually going to pay that? do you think they're going to suck it up themselves? a guy who literally wrote the book on this headache top of our next hour. we have brand new pictures on the developing crisis in syria. look at this amateur video of the brutal and bloody government crackdown on pro-democracy demonstrators in the city of holmes. came in just a couple of hours ago, and there are reports now that at least 20 people have been kill inside that city in just the last few hours. we're talking close to 300 in the past week. government forces have been fighting pro-democracy forces for the better part of a year. this, day six of the fighting in homs, which is the center of the anti-government rebel i don't think rebellion. a human rights group reports, as i mentioned, at least 300 people have been kill inside the past week, more than 1,000 wounded including women, children, even babies reportedly killed this week when incubators went down at a hospital that was bombed and lost power. police are now forced to use loudspeakers to call for help. nearly 6,000 people have lost their lives since the uprising against president assad's regime first began just about one year ago. well, we have a guilty plea today from the head of a radical islamist group operating here in the united states. we first told you about revolution muslim back in 2010. that's when the group's leaders posted an online death threat targeting the creators of the cartoon "south park." they were responding to an episode that depicted the prophet muhammad in a bear costume and posted trey parker and matt stone's home addresses telling followers to, quote, pay them a visit, the group did. in turns out their roots in terror go much deeper, and they could end up spending decades behind bars. chief intelligence correspondent catherine herridge has live more in washington. >> reporter: thank you, megyn, and good afternoon. this case is really the who's who of the jihadist movement in u.s. today he did plead guilty to using his web site, revolution muslim, to encourage threat against and to murder those who oppose radical islam. morton pled guilty to picking threats against the creators of "south park" who portrayed the prophet muhammad wearing a bear costume, but the plea shows morton was connected to more than a half dozen jihadists. the most noteworthy generated the online magazine inspire, and anwar al-awlaki who was the first american on the cia's kill or capture list, both men killed in a cia strike last year. the threats were more serious and spread like a virus through the virtual world. >> the law has never allowed somebody to, you know, yell fire in a crowded theater. and threats are real, and when they're made on the internet, they're out there forever. and it's very hard to, it's very hard to take them down. >> reporter: the head of the fbi's largest field office here this washington who led this investigation told fox that there appear to be a generational divide, those who grow up with social networking appear to cross this threshold to violence in the virtual world. >> these are individuals that don't have to see face to face, they don't have to sit down and talk the each other face to face in a coffee shop, they can do that kind of interconnectivity on the internet, and that's why it has such a scope. >> reporter: morton's defense attorney says even though his client was aware of the line between protected speech and illegal activity, he still crossed it, and morton could get as much as 15 years when he's sentenced this may. megyn: catherine herridge, thank you. we have been going over the charges filed yesterday against 19 americans essentially held hostage by the country of egypt. and in three minutes we'll show you why they spell bad news in this growing showdown. and were you spanked as a child? do you spank your children? well, there is a new study on the effect it may have had on your mental health and the effect it may have on your children's mental health. we'll tell you about it, plus we'll hear from a very special guest. you won't want to miss this. and the new battle over unions, why some union members are now standing up to the unions. >> up to 40% or more of union workers actually vote republican. that means almost six million union workers in the united states alone feel harassed and persecuted because of the political activities of their union officials. 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[ laughs ] [ male announcer ] ask your doctor if chantix is right for you. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ megyn: a new medical warning to tell you about. health officials in indiana saying visitor to the super bowl, to the village may have been exposed to the measles. in fact, up the 200,000 people may be at risk because they visited super bowl village when someone infect with the the disease attended last friday's festivities. at least two cases of measles have just been confirmed in the state, it could be a week, they say, before more cases pop up as a result of that exposure. well, it's day 20 now since 19 americans were effectively taken hostage in egypt. that government refuses to let them go. just yesterday egypt sent the state department more than 100 pages of criminal charges against the group, and the egyptian government is refusing to budge on the issue of releasing these u.s. citizens. trace gallagher is following these developments from our west coast newsroom. trace, despite the threats we're making toward them, they say we're not going to kneel down to you. >> reporter: no. and, you know, now we're learning, megyn, these 19 americans could be facing years in an egyptian prison which is why many of them now, including sam lahood, the son of transportation secretary ray lahood, are now holed up in the u.s. embassy in cairo, because they fear they're about to be arrested and put on trial. the egyptian government is accusing these nongovernmental organizations of using foreign money to gin up these protests to destabilize the government. the u.s. state department, as you said, has now gotten the charging document. it lays out exactly what they're facing somewhere between 100 and 175 pages, but it's written in arabic. here's the state department. listen. >> we need some time, frankly, to understand what the implications of this are, exactly who is expected to do what now in the egyptian judicial system, and we are not at a point where we fully understand the implication. >> reporter: well, we've done some research, and it appears these ngos are facing five years in prison. the egyptian military says it's now in the hands of the courts and that they cannot overrule the judiciary. thises has clearly put a strain on egyptian/u.s. relations and is threatening to pull that $1.3 billion the u.s. gives egypt in aid. you know, that's the money they've gotten every year since 1979, since they signed that peace treaty with israel. egypt says it will not be threatened by money. listen. >> translator: egypt will follow and abide by the law. egypt has known civilization for thousands of years, so egypt won't back down or take a different route because of some aid. >> reporter: we should note that martin dempsey, the chairman of the joint chiefs of staff, will be in israel -- in egypt on saturday to meet with the generals to try and solve this impasse. megyn? megyn: trace gallagher, thank you very much. well, considering that the united states does give egypt more than $1-- well, $3 billion in military aid a year, should the white house pull the plug on that money? what are we going to do about those 19 americans? we're talking up to five years in jail for something we sanctioned. what should the administration be doing, if anything, to get those americans back home? we will have a fair and balanced debate on that coming up. plus, there's a major new study on spanking that says spare the rod or do lasting damage to your child. we will check in with the fox news medical a-team along with a very special guest who you do not want to miss right after this break. and new questions on the firestorm over justice ruth bader ginsburg telling countries like egypt that they should look past the u.s. constitution when it comes to setting up their new government. was she right? we've got a hot debate coming up. >> i would not look to the u.s. constitution if i were drafting a constitution in the year 2012. i might look at the constitution of south africa. megyn: spare the rod, spoil the child? a new study suggests there's no longer any need for debate about this. the authors say spanking children leads to emotional problems and aggression when they become adults. i was spanked as a child. adepression? -- aggression? no, the government doesn't decide what's appropriate speech, that is not the way this country works. that's the bedrock of this first amendment the united states is the only advanced country that doesn't require paid leave. it's in the dark ages, and what is it about getting pregnant and carrying a baby nine months that you don't think deserves a few months off so bonding and recovery can take place, few? listen, young obfuscate it all you want, you don't want to answer the question. >> i'm answering the question you don't want to answer. >> let me explain how it works, i'm the anchor, you're the guest. my question for you -- you're going to get the chance to answer if you let me get the question out, sir. [laughter] in a moment, we have a very special expert waiting to weigh in on this one. but first, medical a-teamer dr. marc siegel. doctor, they say this person did this study of 80 studies and came to the conclusion that we are all really messed up the we got spanked as children. pretty much. >> megyn, aye got to tell you, this is very convincing. the canadian medical journal looked back at almost 100 studies since 1990 and found if you're spanked, you can become aggressive later on as a result, there's more spousal abuses, more drug abuse as a result, more juvenile delinquency as a result. but i have to add one thing. the word here is normative. in other words, you use physical punishment on a regular basis as some kind of deterrent. now, i was spanked as a child, and i remember my sister and i holding our hands leaning over the ping-pong table waiting for that ping-pong paddle. [laughter] megyn: your parents could get arrested for that now. >> that's right. 32 countries are banning this kind of thing. megyn: what kind of spanking are they talking about though? is it really you're beating your child or an occasional whack on the butt? >> that's the key point. they're talking about the regular use of spanking as a deterrent. it wouldn't categorize it as physical abuse, but the key is regular. and for me as a child and for my own children, and i'm not supposed to admit this on national television, but it's a deterrent, it's a threat. if you're out of control, i might resort to it. what are the effects of screaming? i love these studies which look at an all or a none, you can't ever do that. but if you don't ever spank a child, they may be screaming out of control, have a tantrum, what effect does that have on the other children in the household? i think my father got more authority that way. not by spanking me regularly, me knowing he had that option. megyn: the threat. i want to stand you by to bring in somebody who you know very well, an expert witness or you might refer to her as the defendant in this particular case. my mom! mom, you there? >> i'm right here. and, you know, that little clip that you just had telling that man off to show your aggression? megyn: yeah. >> that's why you got spanked to begin with. [laughter] megyn: that's how i was at home as a child? >> yes. you were that way as a child. and we just felt like, hi, doctor, how are you? >> mrs. kelly, you are the best mom ever and a great nurse. megyn: i agree with that, actually. but wait, we're not done roasting her. we have to stick on the offense until we go back on defense. mom, let me ask ya, after all these years, first of all, you admit that you spanked us regularly, don't you? >> i anytime -- no, i'm not because i don't like that word spanked. i admit that i cracked you on the butt with clothes on, by the way, once in a while. you never were over my knee and got spanked. megyn: i foresaw something along these lines, so i did a little something before the show that i didn't tell you i was going to do. control room, cowe have the sound bite -- do we have the sound bite? listen to witness number one for the prosecution also known as pete kelly, your son. >> oh! >> hey, mom, this is your son calling you. i'm sworn to tell the truth, and i do remember being spanked on occasion, and for that matter, mr. spoon as well. all clearly undeserved, i'm certain. but we still love you very much and thanks for the great job you did taking care of us and bringing us up right. love you. >> oh, my god. [laughter] oh, lay me out. oh, my god. megyn: mr. spoon. mr. spoon was never used on me, that was more for pete. he was our brother. and my sister and i, we definitely had the back of the hand. and you know what else we had, mom, you remember this -- stop crying, or i'll give you something to cry about! >> yes, and i remember my mother saying that to me also. but i didn't just give you something to cry about, i gave you something to regret because you regretted what you did. [laughter] megyn: you're darn right i did. and now my mom, she mentions nana, this is my mom's mom and nana who our viewers know, so nana spanked you, you spanked me, and i really hope that now we can stop this cycle of violence in our family now that i'm a mother. [laughter] >> oh, mother of god -- if you go on like that, i'm going to start telling everything you did. [laughter] then, then you'll have -- i'll have the audience and the law on my side. megyn: listen to this, mom. this is what this study says what happened to me because of all that 1357bging because i really only remember twice in my life, but we'll -- >> yeah. megyn: depressed, anxious, antisocial and have mental health issues and lower iqs. mom, i could have been at nasa! >> megyn, they showed that the brain is affected. the brain is directly affected. megyn: dr. segal is -- >> i programmed you to be an anchor, and i did well. megyn: dr. segal, thank you very much. mom, even though we have a lot of fun at your expense, i want to tell you that these studies say that only, like, many people aren't affected at all. they're the lucky ones by spanking. and they say, first and foremost, parents need to act as positive role models, and you were always that to me and still are. i love you so much, mom. >> well, you just, you just -- i'm sorry now i spanked you at all. i've said that. [laughter] and i love you too very much, and wait until i get off this and call your brother. megyn: okay. [laughter] have a great day, mom. >> bye-bye, love you. [laughter] megyn: we're taking your thoughts at kelly@foxnews.com. well, a group of top senators are headed to egypt soon to try to head off a growing crisis over 19 americans virtually held hostage there. in three minutes, whether the administration is doing enough to get these people free. and a university says to heck with the political correctness, but are the consequences worth the fight? >> it's important to us. it matters to me. i don't want to say i went to the university of north dakota, i want to say i was a sioux athlete. >> it is mocking. it's the antics that go along with it. my heart attack happened completely out of the blue... i was so young... you just don't think that that's something that can happen to you. i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. first line of defense, right? the two trains and a bus rider. the "i'll sleep when it's done" academic. for 80 years, we've been inspired by you. and we've been honored to walk with you to help you get where you want to be ♪ because your moment is now. let nothing stand in your way. learn more at keller.edu. megyn: fox news alert, a standoff is underway right now in west los angeles a. suspect leading police on a hot pursuit in a stolen car, we're told, then jumping out of the car, running through backyards until he jumped on so top of rooftopsf local homes. that's where we jump in, and trace gallagher has more from our west coast newsroom. >> reporter: really more of a sitoff, the guy's been sitting on the roof for quite a while. this has been going on now for almost three hours. it's happening in westwood which is right next to the ucla campus which is just a couple of miles away from us. as you said,s it was a car chase, and the guy finally ran through backyards, climbed on a roof. the cops put up a ladder. he's been jumping roof to roof to roof, then he sits down, and the cops are trying to negotiate with him. he gets back up, walks to the top of the roof, or he'll climb over to a different roof. if for some reason this guy gets away, they've got a perimeter set up around the area, and if you widened out that shot, you would see a bunch of police officers now sitting in front. again, the guy was wanted for a stolen car. the car has been recovered, they by now they know who this guy is. now the trick is trying to convince him to stop jumping from roof to roof and to just climb down and then go to jail which is going to happen, it's only a matter of time. again, the end of a car chase, megyn, we are now trying to confirm whether or not this guy was spanked as a child, we believe that he was. [laughter] megyn: see the aggression? >> reporter: all goes hand in hand. megyn: getting a lot of very funny e-mails from our viewers, by the way. all right, trace, keep us up-to-date. >> reporter: will do. megyn: back now to this troubling situation in egypt today. the military council there refusing to lift the travel bans they have imposed on 19 americans defying warnings that the united states may be ready to cut the $1.3 billion in military aid to that country if they continue with this nonsense. it's now been 20 days since those e americans were first barred from leaving the country of egypt. among them, the son of the transportation secretary here, ray lahood. how is the white house handling this, and is it doing everything it can and should? to get these americans out? simon rosenberg is the director of the new democrat network and a former campaign adviser to president clinton. and mark three seven is a former speech writer for president bush and a fellow at the american enterprise institute. what a mess this is, right? we've got our sides over there -- citizens over there, this is our ally, right? they won't let them out, we're pushing saying we're going to revoke the aid, and they're saying, do it, we're not letting them out. what are we supposed to do about this, mark? >> well, i think they care about the aid a lot more than they let on. people have made the correlation with the iran hostage crisis. egypt is now a democracy, and that means accountability. the number one issue for the egyptian people is not confronting the united states or changing their policy towards israel, it's the economy. the economy is particularly in the tank. someone went to walk naked through a hotel in downtown cairo right now, no one would notice. the hotels are completely empty. so if we cut off $1.3 billion in u.s. aid or more possibly, it's going to have a devastating impact on the economy, and whichever government doesn't improve the economy is going to be out of power. megyn: simon, what are we supposed to do? we made the threat, they basically said, fine, 70% of our citizens don't want it anyway, so now we're in a position where it's like being a parent, you just sort of have to follow through on the threat -- >> no spanking on this one. [laughter] yeah, look, megyn, i think americans are going to have to learn how to be patient when it comes to this region, the north africa and the middle east. we had decades of dictatorships, these countries are in a very fragile transition from some of the worst governance in the world to moving towards greater democracy and openness and freedom. it's what we all want. it's really an historic thing that's taken place, but they're not going to be a country led by the united states in 12 or 18 months. there are going to be a lot of bumps in the road. we have to stay firm, use our diplomacy. i think the way the administration has been handling this so far has been right which they've made it clear they don't agree with the decision, they're threatening to cut off the aid, but they're also not trying to escalate this, trying to make sure there's a quiet and diplomatic solution to let the egyptians back down so we don't allow this to become an international incident. so i think we have to be patient. i applaud john mccain going over there next week. i'm sure he's working closely with the administration and making sure that we're speaking with a unified voice, and let's hope this ends up in the right place over the next couple weeks. megyn: marc, is this something we should potentially pull the aid over? only a handful of the americans are actually inside egypt, and this is a real question about whether we need to maintain that, you know, carrot or stick or whatever you want to call it over egypt until, you know, further down the line for, perhaps, if they up the rhetoric against israel depending on what happens with the muslim brotherhood within egypt and so on. >> that's one of the reasons why the egyptians are so noncha gln lant about the aid because we won't pull it. they think it's seen as the price we pay for peace with israel, so they think we'll never pull it. i think they're sadly mistaken if that they think that's the case. they're holding all these americans hostages, iri and, this di, the two groups that are being affected are chartered by congress. if they think congress isn't going to pull aid over this, they're sadly mistaken. and we need to send that message to them. megyn: do we run a risk, simon, of looking weak if we don't do something now? because we made the threat, and they've said go ahead and do it. do we run that risk of losing our credibility? >> i think we've got to give a little bit of time for diplomacy to work and cooler heads to prevail, and it's why john mccain is trying to broker some sort of deal. it's not in our national interests to have an international fissure with the egyptian government. this is the most ?oont arab country in the -- significant arab country in the region, in the middle east. a lot is going right. but as i said earlier, we've got big bumps in the road here, megyn, and all of these countries, there are going to be good days and bad days. what's important is are we doing enough. do we have a long-term strategy to do what marc said which is to have engagemented in the region, insuring the vast number of youth and unemployed folks have jobs in the coming years. we've got to be doing more to take advantage of this historic moment, and i think there's opportunity for the two political parties to come together around this particular my around the marshall plan at the end of europe in world war ii. i applaud john mccain for heading over there next week. megyn: the chairman of the joint chiefs is also going. they've got a lot to discuss now. we'll see. gentlemen, thank you both. >> sure. thank you, megyn. >> thank you. megyn: we are seeing some shocking e-mails today in the beating death of university of virginia lacrosse player yeardley love. lawyers for her boyfriend george say he wanted to talk and make up just before she tied. what do these e-mails mean for his defense? we'll get into it today in kelly's court disploo. and it's every parent's worst nightmare caught on tape. have you seen this? a stranger tries to snatch a child inside a busy store. how one brave little girl helped stop it. plus, should workers have a say when unions automatically take cash from their paychecks to use for political activities that the members don't support? we will speak live right after this break with one union member who says he's had about enough of this. >> in our local newsletter called the raw facts, there was an article in there that said health care reform, what would jesus do? and in this article it basically made jesus appear as if according to scripture that he was, number one, a socialist and, number two, that, um, he would approve of the, um, affordable health care act. 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[ major nutrition ] ensure. nutrition in charge! megyn: congress is now investigating how unions use the dues taken from their members' paychecks. a big chunk of that cash goes to political activities. unions spent 1.1 billion in the last election cycle, but not all of their members may agree with how the money gets spent. terry bowman is a member of the united autoworkers' union, and he has had enough be. he started the group union conservatives, and he shared his exappearance with -- experience with house subcommittee members yesterday. >> i do have some democrats who are signed up that say they don't necessarily believe in my political affiliation. however, they do think that all union members should have the right to speak their mind without fear of harassment and ridicule which, of course, on the assembly line many people agree with what i agree with, but they keep their heads down because of the intimidation that goes into the union atmosphere. megyn: terry bowman joins me live now. you are on the assembly line at a ford plant in michigan x you speak openly now about the fact that you're a conservative, but you, you don't feel all that accepted at times among your other union members and, i guess, some union leaders given your political views. what exactly is your beef? >> well, first of all, megyn, thank you so much for having me on your show today. the beef really is the fact that i am forced as a condition of employment to financially support many of these political activities that the unions engage in each and every day. and, um, obviously we think that that runs contrary to true american beliefs of life, liberty and the pursuit of happiness. so what we're doing is we're getting together all of the union members who disagree with union officials' political spending and finally getting to the point that says we've had enough. and we are pro-union, but in the context of what unions were originally created to do, and that is to just represent their employees in the realms of the workplace. megyn: give us an example of how the union is using your money in ways you think are too political or, you know, don't jibe with your own personal views. >> well, sure. first of all, of course, union members do have rights to resign their union membership and exercise what's called their beck rights. comes from a supreme court decision in 1988 called the communication work withers of america v. beck -- workers of america v. beck. what union members have to do is resign their union membership, so a lot of union members are afraid to do that because of the harassment that comes on the workplace from doing that. so fear keeps a lot of union members frommered exercising their -- from exercising their rights. but even after exercising their beck rights, there's something called the agency fee which is the minimum amount that nonmembers have to pay to the unions in order to keep their job. now, this agency fee is supposed to be a reflection of the true cost of unions to represent you in the workplace. however, we know that the agency fee also includes a lot of suntive and what they call -- subjective and what they call education alter that really is very political in nature. and one great example, i am a uaw member, and our monthly magazine called solidarity magazine is loaded with political propaganda from cover to cover. and it is, it comes out of regular union dues. the salaries of the officials who put that together, the printing costs to put that together, and the mailing costs to put that out to all of the membership, none of it is subtracted from the agency fee. so as you can see, there's a lot of political activity that happens in unions that is not subtracted from that agency fee. megyn: give us an idea what it's like. you actually work on the assembly line, and i think, you know, maybe some of our viewers would be surprised to lesh there are a lot of conservative -- learn there are a lot of conservative members because that's not really how it's painted. >> sure, it's not painted that way, but i can tell you -- megyn: do you feel like a fish out of water when you talk about feeling fear or harassed or feeling intimidation, how does that work? what would you hear? >> well, um, i have to tell you that i have always been an open conservative. i've been in the uaw for 15 years, and i have no problem voicing my opinions. obviously, i'm here on your show talking about it. and you do have membership and some of the leadership laughing at you, ridiculing you, telling you that you're very anti-union and anti-bashing just because you happen to be a political conservative and you don't agree with the far left, what i would call far left political activism of the union membership. but here's the great thing for union members to realize, is that there's over 40% or more of union membership do not vote the way their union officials tell them to. and that remits almost six million members in the united states who are left without the feeling of a sense of pride, a sense of home. and union conservatives that i started back in 2010 was to give all these disenfranchised union members who enjoy their job, who like what they're doing but don't have a sense of belonging to anything, and that's what union conservatives was created to do. megyn: so what's your bottom line? because you want, you want the situation to change in what way that you'd be more able to find out what's happening with your dues? >> well, transparency always is a necessary thing for unions that we don't have currently. there's really only two options to really address this issue for union workers. the first option would be to make this beck decision the default position for all union workers. that way nobody has to resign their membership and be ridiculed and harassed because of it. and then there would have to be intense auditing of political spending in the unions. however, i think that that option would really be burdensome, and the costs associated with that would be passed down to the membership. so what i am add advocating and in the house oversight and government reform committee yesterday i said the really only good and clear option is to establish a national right-to-work law. that way only the members who agree with the political activity of their unions are financially supporting it and paying it. and those of us who disagree with that political spending can exercise our first amendment right of freedom of association or conversely, the freedom to not associate. and, and actually not have to pay those dues. megyn: yeah. well, i mean, jim angle reported yesterday the administration disbanded the federal unit that is in charge of auditing the largest union, so there will be none in 2012. terry, thank you so much for being here. >> you're so welcome. thank you for having me. megyn: all the best. well, the situation in syria is going from bad to worse. hundreds of civilians killed in the past few days in government attacks on pro-democracy supporters. now we're told the pentagon is working on possible military action. should we be doing that? former u.n. ambassador john bolton is just ahead on what this crisis means for us andnk y what we should do. carol. fiber makes me sad. oh common. and how can you talk to me about fiber while you are eating a candy bar? you enjoy that. i am. [ male announcer ] fiber beyond recognition. fiber one. try bayer advanced aspirin. it's not the bayer aspirin you know. it's different. first...it's been re-engineered with micro-particles. second, it enters the bloodstream fast, and rushes relief to the site of your tough pain. the best part? it's proven to relieve pain twice as fast as before. bayer advanced aspirin. test how fast it works for you. love it, or get your money back. megyn: so when it comes to political correctness, how much is too much? just ask the fighting sioux. the university of north dakota has been battling to keep its sports logo for seven years even though the, this caa has slap -- in caa has slapped the school with sanctions. >> reporter: in 2005 the ncaa pushed 19 schools to get rid of their american indian nicknames. well, the university of south dakota fighting sioux fought back a group of alumni and lawmakers actually pushed for and passed a law mandating that the school keep the fighting sioux nickname, so the ncaa slapped the school with a bunch of sanctions -- no hosting playoffs, no championships, no wearing the fighting sioux uniforms during the playoffs. so the state finally gave in and repealed the law, but the critics did not give up. they fought back again, they got a petition and got enough signatures to actually force this thing on the ballot for a statewide vote later this year. but that automatically makes the law go back into effect. so if they don't use the name, they violate state law, and if they use the fighting sioux name, they violate ncaa regulations. here's what some of the locals are saying. >> i think it's awesome that north dakota's keeping their logo. of it's a staple, and it's something that needs to stick around. >> they would have to change the whole stadium and change everything around in north dakota to have, to be the new name if they were to change it. >> i don't think they should keep it. you don't have groups called fighting jews or the fighting negroes. >> remember, the n crux aa -- ncaa said schools could keep their nicknames if they got the tribe's tradition which is why the florida state seminoles are still the sell moms. they do not yet have a replacement name, megyn. megyn: all right. thanks, trace. well, the syrian government intensifying its brutal crackdown on its political opponents. thed nations failed even to pass a resolution, so can the syrian people expect any help from the united nations or from us? former u.n. ambassador john bolton has answers. and a judge orders a suspect in a domestic dispute to take his wife out for a night of red lobster and bowling. the details in the case are nothing to laugh about. what was this judge thinking? and justice ruth bader ginsburg of the u.s. supreme court telling countries like egypt that they should look past the u.s. constitution as a model for framing their new goth. her comments setting off a firestorm of controversy, one person even calling for her to resign.ncer is she right? ion? ♪ [ gong ] strawberry banana! 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[ male announcer ] halls. a pep talk in every drop. megyn: fox news alert. we are hearing and seeing brand-new video coming in moments ago from the slaughter in syria. a brutal regime ramps up the war against its own people as the united states struggles with a way to address this crisis. brand-new hour of "america live." i'm megyn kelly. fresh scenes of horror as government forces continue to bombard areas. government snipers cutting down those in the street trying to help those who have already been hit. the syrian regime seeming think emboldened to step up the slaughter after the united nations failed to ease the crisis. dominic? >> reporter: megyn, it's only going to get worse. the syrian government ordered another 1,000 troops to escalate the attack on homs. the kind of pictures we are seeing today unfolding even more and we'll see even worse scenes in the days ahead. syrian free army is struggling to resist that and having effectively a guerrilla war with the forces there. we are hearing a lot of civilian casualties. we are not hearing much in the way of the syrian army kansas it's. we are hearing' wounds and injured. what will be happen next, the arab league which was contemplating action and now isn't. they are meeting to see if they can gets the syrian national council recognize as a legitimate representative of the syrian nation. will it provoke international -- will it provoke the international community to decide whether there should be military action or not? it will be so controversial if the likes of the united states or anywhere else in the west decide to actually intervene in some military form. what you have in iran has already linked its military with helping the syrian government. that would mean a confrontation between the west and iran and that is a conflict nobody wants. but if things escalate and there is no drop in violence, who knows how far people will feel pushed. certainly the opposition is begging the west to help them out. but the west continues to be reluctant. it really is a last option and the last resort. the humanitarian issue is growing day by day in homs and other cities across syria. cities without electricity. communications are being cut off by the syrian government. it's becoming desperate now, megan. megyn: the crisis in syria reaching fever pitch. 11 months into an uprising. the protests broke out last march and the united nations estimates 5,400 syrians have died in this massacre. the violence centers around homs. syria's third largest city. 1 million people live there. despite pressure for a coordinated international response the united nations failed to pass a resolution condemning the assault. five days ago both russia and china retold a proposal calling on president al-assad to step down. john bolton will join us on what options are left in responding to the slaughter of civilians in syria. a new report on the aas naifertion an iranian nuclear scientist. nbc news reporting this deadly car bombing was carried out by an iranian terror group, financed, trained and armed by israel's secret service. the report confirms charges by iran's leaders. israel's foreign ministry is not commenting. he was killed when a magnetic bomb was put on his car. the state department updating and expanding a travel warning to mexico. this warning replacing the one that was put out last april. no advisories are in effect for popular tourist areas. but the state department stresses crime and violence are serious problems throughout that country and could happen anywhere. a landmark deal and another multi-billion dollar bailout. is it a bailout? it's a payout. i'll let you decide. the nation's five largest mortgage lenders agreeing to pay $25 billion to the feds over foreclosures. $75 billion will provide direct relief to one million borrowers. a majority of that cash will go to reducing the principal on loans. and the rest will go to cash payments to those who lost their homes. here is president obama a short time ago speaking about the settlement. >> this will and big help. even if this settlement there is still millions of responsible homeowners who are out there doing their best and they need to us do more to help them get back on their feet. megyn: joining me now the author of way too big to fail. bill, thank you for being here. what really is going on? the banks messed up a bunch of foreclosures because they had the foreclosure documents auto signed. they eached a settlement. who gets and who pays for it. >> the banks are not paying the $25 billion. it looks like they are paying $5 billion to $7 billion. the rest of the money is coming from the owners of those mortgage bank securities or those mort gauges or home loans. that's generally america's pension funds and 401ks and the lining. the pension funds are paying the vast majority of this settlement. the money is going to homeowners thattite are under water or have already been foreclosed. and the i am he us for this was a -- the impetus for this was a scam where fraudulent document were being put into court. megyn: some of the banks genuinely committed bad errors, at a minimum. they did some bad things in moving for these foreclosures they shouldn't have done. but we are talking about a $25 billion payout to people who were foreclosed upon and people who were not foreclosed upon? you are telling me american pensioners will be paying for it? >> absolutely. this is the modus open -- modus operandi of this administration. it's being done with pension fund money and third party money. megyn: who will be on the receiving end. >> most of it is not cash. it will be a writedown to principal. those homeowners who are under water, some of them will be receiving a writedown on their mortgages. there will be another few billion dollars that will go to people who were foreclosed in the last few years with incorrect documentation. there is no allegation they were improperly foreclosed upon but just that the documentation is incorrect. megyn: there are millions of americans who are underwater on their mortgages. how do they decide who is going to get a check? i'm under water on my mortgage, am i going to get a check? >> if your loan is parts of fannie mae and freddie mac you will not be part of this settlement. this is private slaibl securities. they are generally the larger loans. or the sub prime loans with the strange resets and things of that nature. those loans will have their interest written down or principal or both. megyn: i heard earlier that you probably aren't going to get a check if you are under water on your mortgage unless you failed to pay your mortgage. >> you are not going to get a check. you will get your principal reduced. megyn: is that the requirement that you have to have missed a payment or have been -- behind on the mortgage? >> historically the settlements involved homeowners delinquent on their mortgaged. it's either going to be you have to be delinquent or if, you know,th they want to expand it then you are just under water. it sounds like from what the president said there there is an intention to have people that are just under water also receive reduction in their principal. megyn: how do they decide who is under water enough. >> it's a lottery it's up to the banks and it's a lottery. the size of this settlement is not nearly enough to resolve this problem. this problem -- if you include fannie and freddie and you look at the total amount of underwater home owners and the amount of principal under water, this settlement needs to be 10 or 20 or 30 time size of this. megyn: the banks are paying $5 billion to $7 billion. how do they recoup those costs. >> likely by their reserve funds which they have reserves for this type of thing, and also by reducing the principal of their homeowners, their other liabilities that they have from these homeowners improve. so their credit cards are more likely to be paid if the homeowner's mortgage is less. megyn: thank you very much. an alert coming in. president obama just wrapped up remarks about the no child left behind act. 10 states now exempt from some of the strictest requirements of that education law. >> reporter: the president's decision to grarnt these waivers amounts to a recognition it's probably not a good thing to have a huge percentage of america's school failures. most schools won't meet the goal of having their kids up to grade level in reading and math about it deadline. the president says the goals were admirable, accountability, closing the achievement gap. but the government measured the achievement gap with tests and the ultimate accountability for a failing school was to close it which doesn't solve the problem if you don't have other good schools to send the kids to. the first 10 states to receive waivers are colorado, georgia, kentucky, massachusetts, minnesota, new jersey, oklahoma, tennessee, new mexico working to get a waiver. it was president bush's signature achievement. but there has been little bipartisan agreement on how to improve the law. republicans in the house have passed a bill, democrats say it has no chance in the senate. so the president is using his executive authority. this is another of the we can't wait initiatives. under the waivers, schools still have to come up with achievement goals and there will be annual tests, but this may be the end of no child as we know it. 28 other states will ask for waivers as well. megyn: the crisis in syria going from bad to worse and solutions are getting harder every day. former u.s. ambassador to the u. snvment john bolton and what he would do to bring together member countries dragging their heels on a resolution. a man walk up to a little girl and attempting to snatch her out of the store. >> i think i said help. most amazing superfruits. hey, keep it down mate, you'll wake the kids. plum amazins. new, from sunsweet. megyn: syria under siege. some sort of intervention -- but after a big failure at it u.n., it's hard to know what if anything the united states should do next. ambassador, welcome. i know you believe that it was a debackle at the u.n. this past weekend. is there anything we dock that we failed to get u.n. support for even a resolution condemning this? >> i think it's been a complete waste of time to get russia and china to agree to anything meaningful against this regime. i think the single most important reason russia and china were prepared to veto the resolution last saturday is the issue in syria is much more than just what happens inside that country. very different from libya. the different is iran. iran is prepared to shed syrian blood to keep al-assad in power. it's a decision russia and china have made as well. i would be delighted if our administration's position was regime change in syria. but you are not going to get to that point unless you are also prepared to back regime change in tehran as well. megyn: we are talking about 5,400 syrians dead in a year. there are reports of babies dying in the hospital because of the power outages from the bombings. americans are starting to pay attention and i think we are getting disturbed. >> people should be disturbed. but in syrian terms this is business as usual. bashar al-asaad's father when he was dictator killed 5,000 peoplen with chemical weapons. i think if people want to do something here you have to look at where the source of al-assad's backing comes from. he has financing from iran, he has revolutionary guards assisting his troops in syria. there are rumors of revolutionary guard troops from iran coming to participate in the fighting. and the reason that the iranian regime is determined to keep al-assad in power is part of the proxy war that syria represents between iran and the shiia on the one hand and the arab sunni coalition head by saudi arabia on the other. megyn: in terms of our role, the diplomatic effort has stalled. secretary of state hillary clinton came out and said a direct military intervention by us has been absolutely ruled out. but now there are others talking about a possible alternate route. joe lieberman suggested that pro-democracy forces deserve a range of support including weapons. should we be supplying weapons to them? >> i would be happy to do whatever we can as long as people understand once you get involved in this, you are getting involved in a much larger struggle. to paraphrase the former defense secretary rumsfeld. you go to war with the president you have. and i don't think our president is competent to lead us into this struggle because i think to this day he still doesn't understand the threat posed by iran or the extent to which iran will stay involved in syria to prop that regime up. he has failed to do anything significant about iran's nuclear weapons program which is now getting perilously close to success. which would make this calculation in syria even more dangerous and more complicated. if we had somebody who was prepared to take the necessary steps and to understand the linkage went carnage in syria and the mullah's in iran, but i don't see that. megyn: we didn't step in to help the pro-democracy forces in iran. thank you so much as always for your exer-tease. there is a new call for supreme court justice ruth bader ginsburg to resign after this remark about our constitution. see you would not look to the u.s. constitution if i were drafting a constitution in the year 2012. megyn: the growing backlash over this on some of the conservative blogs and elsewhere. one conservative columnist of note is saying if justice ginsberg can no longer defend and protect the constitution as she is sworn to do, she should step down. a judge orders this man to buy some flowers and take the wife to red lobster. wait until you hear what he did to his wife that landed number court in the first place. >> he's going to get a card web's going to get flowers, then he's going to go home, pick up his wife, get dressed, take her to red lobster, and after red lobster they are going to go bowling. [ male announcer ] if you think tylenol is the pain reliever orthopedic doctors recommend most for arthritis pain, think again. and take aleve. it's the one doctors recommend most for arthritis pain. two pills can last all day. ♪ megyn: a smart and brave 7-year-old girl escapes a would-be kidnapper. the whole thing caught on tape at a walmart in georgia. you can seat man who is on parole after a man salute were conviction grabbing her. but letting her go when she puts up quite a fight. listen to britney describe what happened. >> kicked him. my school taught me like when somebody is trying get you, you try to get away, then get help. megyn: that man is facing attempted kidnapping charges. a judgment ruling a domestic violence case is causing some concern. justice spray called into a florida courtroom after his wife accused him of getting out of control. but the judge did not order him to stay behind bars or post bornd. he ordered him to buy his wife dinner. trace gallagher has more. >> reporter: it began because the husband joseph didn't say happy birthday to his wife. so they fought and it escalated into a domestic violence charge. they say he put his hand or her neck and he raised his fist to strike her though he never hurt her. the judge asked the wife if she was hurt, and she said no. and then he asked if she feared her husband. she said no. then he asked her what she liked. she said bowling and eating at red lobster. >> he will be out of jail by 3:00 and he will stop by somewhere and he's going to get some flowers, he's going to get -- hold on ... hold on ... he's going to get a card, he's going to get flowers. then he's going to go home, pick up his wife, get dressed, take her to rid lobster. after they have red lobster they are going to go bowling. all right? >> reporter: the judge said he never would have ordered such whimsical conditions if the charge were more serious. he called this a quote minor oh ferns. the head of a women's shelter in miami wasn't laughing. she called the judgment decision a joke and said she was appalled about it judge's response to something she says could be a dangerous situation. megyn: whimsical? bowling? red lobster? just saying. really? i don't know. let's hope it works out. that's the kind of situation that god forbid if anything happened, we would be looking back at that ruling and talking about it in much more dire ways. a high-profile murder case is underway in the case of a college lacrosse player accused of beating his girlfriend in a jealous rage. at one university students can put $25 into a vending machine and gets the morning after pill. should plan b be sold on campus. more fallout over justice ginsberg's controversial remarks about the constitution. one critic is saying her job is to support and defend the constitution. if she can't do that, it's time for her to step down. see you would not look at the u.s. constitution if i were drafting a constitution in 2012. i might look at the constitution of south africa. you receiving at 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. ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. megyn: soda and snacks is not only thing you can get at a vending machine these days. at one university student can pick up plan b, the morning after pill. >> reporter: we are getting mixed reactions. here's what some of them had to say. >> i'm a pro life person. so for me i think that it kind of blows my mind. i'm not a fan. i don't think people can just fix their mistakes at the tip of their fingers. if you are going to be doing things you need to be responsible for your actions. >> we are adults and we can make our own choices. people run into things every day. things happen. >> reporter: plan b is legally available to anyone 17 and older but must be kept behind a pharmacy counter. the school says it's located inside the health center at a cost of $25. it's not included in the $150 student health fee. >> we are not comfortable supplying it for free. >> reporter: the morning after pill can protect women against getting pregnant but not against sexually transmitted diseases. some fear easy access will cause promiscuous behavior. the university does strongly encourage all students to make wise and appropriate decisions in all aspects of their lives. health professionals are urging women not to use the morning after pill as a regular morning after pill. it can lead to increased risk of breast cancer and bloodclots. megyn: fallout over ruth bader ginsburg's comments over the u.s. constitution. she told a reporter that egypt's revolutionaries should not use the u.s. constitution as a model for their new government. >> i would not look to the u.s. constitution if i were drafting a constitution in the year 2012. i might look at constitution of the south africa. that was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights and an independent judiciary. it is, i think, a great piece of work that was done. megyn: is south africa a great piece of work? joining us is julian epstein and the director of the center for religious liberty and special counsel at the family research counsel. thank you so much for being here. on the controversy roles, now you have got william tucker at american spectator saying she should resign if she can no longer support and defend the constitution as she is sworn to do. ken, fair? >> i would not say she would have to resign. that belief is widely held on the judicial left so we would be asking half of the federal judiciary to resign. i think it's just an indication that elections have consequences. we see why justice ginsberg gave president obama a big hug at the beginning of the state of the union. she shares president obama's belief in not believing in american exceptionalism. this is not the best country to model things on. the same day she was saying that the former u.s. ambassador in egypt was helping monitor their election and encouraging them adopt the u.s. constitution as a model for their constitution. i think you seat two sides of the american divide on that issue on american exceptionalism. megyn: she seems to like about these other consequence took uses the enumeration of more rights and she would like to see the bill of rights even longer. she is not the only supreme court justice to suggest something like that. even scalia said something like this. he said the bill of rights of the former evil empire was much better than ours. it was much better. we guarantee freedom of speech and the press. they guarantee free demonstrations, protests. but he goes on to make it point, but all those words are just on paper and it's a parchment guarantee, it's not an actual guarantee like would you have in this country. is it as controversial as some on the right would have us believe? >> i think not. i think ken is looking to make a tempest in a teapot. ruth bader ginsburg like most us on the political left and right think the u.s. constitution is probably the most brilliant legal document ever designed and she said as much in an interview. if you his to the entire interview, she heaps heavy praise on the u.s. constitution. what i think she is saying is what a lot of people have said. for new countries developing constitutions they may want to look at newer and more recent experiences in writing these things. our constitution as brilliant as it was was written three or four centuries ago. this week rick santorum was quoted saying he doesn't believe the constitution guarantees the right to contraception. most legal scholars believe the privacy right does guarantee that right. this is -- the fact that the constitution is so old, using language from three or four centuries ago is the reason we have these kinds of debates. ginsberg was say we should look to more recent experiences. megyn: he many getting to the heart of some of these issues between these dueling philosophies. i don't know that justice scalia would want to expand the bill of rights. there is a question whether we need them at all or whether our creator gave us these rights and the constitution was meant to limit what the federal government can do. >> that's right, megyn. what justice ginsberg is saying don't take our model, but take our money. the constitutions that she pointed to as good examples to model, she looked sat canada, south africa, the european charter of human rights. they say people have the constitutional right to healthcare. that shows where she comes in on government-provided healthcare. it says you have a right to a job. that means government should have enough control over the economy to determine you get a job. it represents a fundamentally different role of the government vis-a-vis the state. and i think justice ginsberg is on completely different pages. >> that just false. nowhere in any of her comments did she say she ascribes to a fundamental right to healthcare. what she said -- gene volak who was an esteemed legal scholar said this is a silly controversy. she isn't make a particular and for or against particular individual rights. she is saying there are many issues we have struggled with over many years. does the 14th amendment mean due process is incorporated into the states? should we have two houses of congress? dozen of issues she is getting at. megyn: she did say i wouldn't look at the u.s., i would look at south africa. that was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights and had an independent judiciary. those seemed to be her two main things. the first thing she talked about is embracing basic human rights. >> we all agree that the constitution should accompany basic human rights with due process and three independent branches of government. her point is if we look to more recent experience with updated english language we may be able to look at the result it, not a philosophical endorsement of a particular issue. >> what it is is the philosophy of not believing you are bound by the constitution. julian references a right to privacy. it was the foundation for roe versus wade 8 years later. so so you are looking at a judiciary that believes if the word on paper are not enlightened enough it's their role to take values from abroad or use their liberal sensibility to say we know the constitution doesn't say this but an enlightened constitution would. so in our evolving and maturing society we are saying it's implicit, it unless there somewhere. that wraps we are getting decla vaitions for rights that we the people never voted on aadopted through the constitutional amendment process. megyn: coming up next. a beautiful young college athlete found dead in her college apartment. yeardley love's boyfriend is facing first degree murder charges. the prosecution just dropped a bombshell. >> nobody wants to hear that such a sweet girl has suffered such a tragedy. >> it's a tragic loss. no mother should ever have to go through this. she was just a very kind and sweet. we need more yeardleys in thed world. goals? 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[ male announcer ] and to fight your allergy symptoms fast, try new alka-seltzer plus allergy. but when she got asthma, all i could do was worry ! specialists, lots of doctors, lots of advice... and my hands were full. i couldn't sort through it all. with unitedhealthcare, it's different. we have access to great specialists, and our pediatrician gets all the information. everyone works as a team. and i only need to talk to one person abouter care. we're more than 78,000 people looking out for 70 million americans. that's health in numbers. itedhealthcare. megyn: "kelly's court" is back in session. the romantic relationship investigators believe ended in a murderous rage. prosecutors say yeardley love died at the hand her lacrosse-playing boyfriend. they read an email that read i should have killed you just days before she was found dead. cross cuer toes say huguely killed her, but to prove first-degree murder they have to show he in10ed to kill her. could this email do that? there is a question today about whether the prosecution overcharged his case. they went for first degree murder whereas the defense said from the opening statements at best this is involuntary manslaughter and a worst case scenario second degree but definitely not first degree. kimberly, what do they need to show to prove first degree and what is the evidence of the intent. >> this is a strong case for a first degree murder charge. you have two means by which you can obtain a first degree murder conviction. you can prove that there was an intent to kill, a premeditation and deliberation which can be formed in the matter of seconds. you intend to kill. when you look at the crime scene evidence. the fact that this man knew what he was doing. he sent her a threatening email that he should have killed her. this preceded the murder april 30. she cause killed a couple days later. he went to great pains to cover up the crime and remove the computer that had harassing violent emails against letter. that shows you it won't a diminished capacity or heat of passion. this was ongoing and it was only a matter of time before it happened. felony murder. if you commit a felony during the course and commission of that fellly a death occurs which did in this case, the taking of the computer is a robbery, he is guilty of first degree felony murder, case closed. argument 30 minutes, the jury will be back quick on this. megyn: what is the evidence on the defense side to rebut the first part of kimberly's argument? >> this is clearly based in passion. they had a long ongoing relationship that was on-again-off-again. they had a lot of fighting going on. there was apparently alcohol involved. when he went into her apartment and committed this act, there is no question about he was drunk. it was based in an allegation earlier that she had been apparently see something one else. there was no deadly weapon used. that's important because if he had really wanted to kill her, there was certainly much better ways much doing it than apparently slamming her against the wall which is what he did. and also important to know, the study afterwards, the medical forensic study shows she was alive when he left that apartment. he did not intend to kill her and i think there is a good airport was reckless disregard for her safety and life which amounts to involuntary manslaughter which can get him up to 20 years. but i don't think kim's case is so cut and dry here. megyn: there is no question he gave an interview to police and apparently he made some statement about the condition that yeardley love was in when he left that room that are going to be used against him. there was an acknowledgment she was bleeding in that room. >> the way the body was positioned to be made to look like she was sleeping. he poghtsd the body to conceal the fact that she was deceased. he left there thinking she was dead because of the injuries she sustained. the noise was so loud. it was such a violent death there are two separate witnesses that sit sounds like a stereo hitting the ground. that's the sound of yeardley love's head. he had a clear motive because he was upset about her seeing soolts man. it's classic textbook. megyn: there are reports that this is a rocky relationship, this is not the first instance of him laying hand on her. >> one prior incident he was allegedly choking her. but she was not injured, apparently. megyn: i want toes ask you this in closing. is it possible the jury is going to look at this young man web, an attractive guy, she was a beautiful girl, and say we want to spare him. we are going to give him a lesser charge? can they charge a lesser charge? >> they can do that possibly. but he's going to have to testify because of that email he will have to explain what he was talking about and that's going to be probably the biggest hurdle the defense faces. it sounds like he had prior ideas in killing her. megyn: thank you both so much. it's beneful healthy fiesta. gotta love the protein for muscles-- whoo-hoo! and omega-rich nutrition for that shiny coat. ever think healthy could taste so good? 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[ male announcer ] michelin knows it's better for xerox to help manage their finance processing. so they can focus on keeping the world moving. with xerox, you're ready for real business. megyn: new information on how drug and human smugglers from mexico are getting into this country. they are sharing the sea with surfers. they are landing on beaches in malibu and santa barbara. adam, i see you volunteered to cover this live from malibu. >> reporter: pepperdine is here, my alma matre. when you think of malibu you think of the beautiful views, the homes you alluded to. you don't think of mexican drug cartels coming ashore here more than ever before. along california's majestic coast 250 miles north of the mexican border surfers and sailors have company. they are drug smugglers bringing drugs and illegal immigrants into the country. >> become effective out at sea is just as important as the land bored. >> reporter: with the land bored some four hours south, efforts to stop drug car figure smuggling here have intensified. patrols like this one off the coast of california can only find so much. tracking intelligence, even good old-fashioned luck does help capture some of these smugglers, but when they are in boats as small as 25 feet, open bow, it takes the public to keep a lookout. >> the coast guard can be everywhere at all times. for the general public to tell us what they experience. that adds to around ability to defend america from threats coming from the sea. report report smugglers are considered to be armed and dangerous. so far in fiscal year 2012 they have gathered 28,000 pounds of drugs. that's more than all of 2011. megyn: up next a special tribute to the boy scouts. 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[ female announcer ] try aleve d for strong all day sinus and headache relief. >> to help other people and obey the laws. >>megyn: boy scouts celebrating the 102nd anniversary. quick stats, for every 100 who enter one uses