ultimately he took two lives and critically injured another person before apparently turning the gun on himself. we still have no word or understanding of motive. can we ever? welcome to "america live", everyone, i'm megyn kelly. at this point we're waiting to hear from the clackamas county authorities. we could soon learn the gunman's identity or information about motive or background at least. we have heard police do not believe this man knew his victims. that he was shooting indiscrimminantly. the shooting sent people in the mall near portland running for their lives. witnesses said the gunman started firing outside of macy's in the food court. one said the gunman practically announced himself with the chilling words, i am the shooter, before he began shooting at random. a series of rapid shots were fired as christmas music played in the background. horrified shoppers leaving scene with their hands up. you can see some of that there as they were escorted out. eerily reminiscent of the tragedy at column bind high school. remember we saw the kids escorted out. one witness said the shooter was warying a bulletproof vest and always protect themselves and carrying a ar-15 rifle. the gun jammed possibly preventing a bigger tragedy. afterwards survivors detailed the horror. >> my friend was on the ground crawling toward the doors. i hear two more shots i jump oned ground and crawl towards the doors. i heard the guy yell, get on the ground, get on the froind a couple times. i got up and started running. >> as soon i heard i thought it was a drill. i didn't think it was real at first. and then as soon as i heard more shots happen, i knew at that point was we needed to lock up and get everybody in the back of the store. >> from what we saw running going to the back we saw a lot of people running out towards the jcpenney's area but we felt it was safe to go in the back. i hid her in the cupboards. >> i was feeling really scared. megyn: dan springer streaming live to us from happy valley, oregon. dan? >> reporter: yeah, megyn that news conference at the sheriff's headquarters is supposed to start any minute now. we can tell you they're expecting to release the name of the suspect and also both victims who were killed in yesterday's shooting. our local affiliate here, kptv, in portland identified one of the victims killed yesterday. he is steve forsyth, a husband and father and owner of a portland marketing firm. this was absolute chaos yesterday. we do know now that the gunman went into the mall through the macy's store and then walked through the macy's armed with this gun, into the food court and began shooting at around 3:30 yesterday afternoon. most of the witnesses put the number of shots at 20 but some of the estimates have been as high as 60. that will all be sorted out by the cops. police say as you mentioned the suspect did not have any connection to the victims. so it looks like this was another horrible random act. the scene was one of panic and chaos. some people captured on cell phones as they fled the mall. as you mentioned roughly 10 to 12,000 people, shoppers, workers inside the mall, the height of the christmas season. this is what is sounded like on police scanners. >> have an active shooter? >> yeah, there is one person saying there's a man with a rifle in the food court and he is still shooting people. >> we're out here on foot and people are bailing out like crazy from everywhere. >> reporter: 15-year-old girl was another victim. she was shot in the stomach we are told, in the chest area. she was taken to a local hospital where she is listed in serious condition. but the good news she is alert talking to the people in the hospital and also her mother. could have been a lot of more victims obviously. we're hearing reports that the gun jammed at one point. the witnesses say the gunman wore who hockey mask, perhaps carried an assault rifle and may have been wearing a body armor. the unconfirmed report about the gun jamming, police should address that at the press conference. one avoiding the gunfire was the mall santa. he said a lot of people were lined up to tell him what they wanted for christmas. just a terrible scene here. the mall remains closed for the day we're told. it could open tomorrow. this is obviously a very important time for all retailers but the first concern is to get this investigation wrapped up. we understand the clackamas county is taking the lead. the fbi and atf assisted in this investigation and they are here going through, looking at everything that happened inside. they're looking at surveillance video trying to piece together exactly what happened. again the gunman turned gun on himself and killed himself after shooting three people inside the mall yesterday, megyn? megyn: dan, is there any discussion of why the casualty number, thankfully, was not higher if he managed to get off 17 shots? it sounds like he managed to shoot three people, right? two died, one critically injured? >> reporter: right. let me tell you what we've been hearing from some of the witnesses. it is pretty consistent that the guy shot a couple times, first couple rounds. there was a little bit of a pause. and then the rest of the 15 or 18 shots. so did he go in there looking for somebody and shooting them? we don't know. of course we're going to hear at the news conference hopefully very soon. but as far as you know what he did, he calmly walked we are told down the main stem of the mall after shooting those initial two victims and shooting indiscrimminantly. one woman said he pointed the gun at her and fired and missed. so maybe it is as simple as the guy was a bad shot. we don't know exactly what this gun was but is is described as an assault rifle. you would expect more victims would have been shot at this event. megyn: dan springer. stand by. >> reporter: thank you. megyn: we'll go to the press conference as we listen to the police and the update on the scene. >> dennis curtis, the general manager of the clackamas town center will be making statements as well. following that i will be here providing some additional information and also being available for your questions as i know you're going to have them. sheriff greg roberts. >> first of all, i want to extend our sincere condolences to the families and victims of this horrific act of violence. and to one of the surviving victims who is currently receiving medical treatment at this very moment. at this time we're prepared to release identities of the two individuals killed in the attack and they are, cindy ann yule. she is 54 years of age from northeast portland. and steven matthew forsyth, age 45 of westland. the third victim, who is now listed in serious condition at ohsu is juvenile female named christina shipgenko. in addition we're now able to share the identity of the suspect in this case. his name is jacob tyler roberts. he's born march 16th, 1990. based on all the evidence that we've gathered so far it appears he did die of a self-inflicted gunshot wound. we're also prepared to release additional information about the suspect. during this attack he was armed with an ar-15, semiautomatictic rifle. the rifle was stolen yesterday from a person known to the suspect. at the time of the attack he was wearing a load-bearing vest, not a bulletproof vest as was earlier reported by some outlets. he was also wearing a hockey-style face mask and we've not yet been able to establish how many shots were fired during the attack although we believe he was carrying several fully loaded magazines. at this time we do not understand the motive of this attack except to say that there's no apparent relationship between the suspect and his victims. after we identified the suspect we executed a search warrant at his home which is located at 7324 southeast 84th avenue in portland. we also conducted a search warrant of his vehicle which was a 1996 volkswagen jetta found at the clackamas town center parking lot. now to protect the integrity of the investigation we're not going to release the results of this search warranty particular time. next i want to describe to you how this event unfolded. at 3:29 p.m. we received multiple 911 calls reporting that we had an active shooter at the mall. our first unit arrived one minute later, at 3:30 p.m. now once on scene officers initiate an active shooter protocol and that's a technique that's developed to deal with precisely this type of threat. law enforcement has learned from past tragedies throughout this country we can't wait for swat teams and teams need to deploy immediately. so we train and equipped each of our individual officers to form up in teams as they arrive and move immediately into engaging the threat wherever might be. now this involves officers from different agencies being thrown together on a short notice but everyone did an absolutely amazing job. i want to say that we were also well-prepared for this incident because we had practiced active shooter techniques at the clackamas town center this past year, practiced for this type of situation. now what i want to do show you how we believe the suspect moved throughout during this incident. so from the information that we have at this time the suspect pulled his vehicle in front of macy's, parked his car, exited and moved in a rapid manner toward the food court. a lot of folks reported that he was running, moving quickly. left his car. opened fire in this general area. he end up striking two victims that both died of their injuries. there were some medical staff and other people that rendered aid. following this, the individual fled down this, along this corridor out down back hallway down to some stairs which is, this is the actual on the upper level. he came down the sta stairs to the lower level and back in this corner is where he shot himself. one of the things that we located a victim that, it was transported to ohsu. this is her. we believe she was up in this area but was able to come out through the front macy's worker to where rei. that is where law enforcement officers met with her and she was subsequently transported. over the past 18 hours many people have asked me, you know, why were there so few victims during this incident? first of all, just to make this really clear, with two people killed and a third one critically injured all of us have to recognize that this was a heart-breaking tragedy by any standard. and many, many people will be affected by this terrible act of violence every day for the rest of their lives and we should keep them in our thoughts and prayers. on the other hand i think we all need to be very thankful that incident wasn't much worse. and i believe it's a combination of factors, several factors that led to this outcome and i want to just quickly go over those. one, based on the evidence we obtained it appeared that the suspect's rifle did jam while he was attacking individuals in the food court. however he was able to get the gun working again. clackamas town center had a lockdown procedure for this type of incident and they did a great job implementing that program. three, a large number of police officers arrived on the scene very rapidly curtailing suspect's ability to move around the mall. and fourth, 10,000 people in the mall, at one time kept a level head. they got themselves out of the mall. they helped others get out. and there are just a number of heroes that took the time to help people get out, whether it is in a wheelchair, a child, they helped a lot of people get out of that and it was really about a whole group of people coming together to make a difference. so taking together these four factors limited the suspect's access to potential victims and gave him less time to harm others. i'd like to close by thanking all of our local state and federal law enforcement partners for their extraordinary efforts. several neighboring jurisdictions said, as you might have heard, they said, send everybody. they were talking about all the patrol officers for their small city, to send them out here to help. and this was even with, we already had determined the suspect was dead, this level of support was absolutely amazing. it gave us the ability to continue to get the investigation done in a quick manner, and move forward to help come to some resolution on this. and i also want to take just a moment to recognize, acknowledge the clackamas town center for their prompt and effective response to the crisis by having a plan in place, implementing it in a timely manner. they truly helped protect the lives of their customers and their employees. and again, lastly, i just wanted to say the whole community, who rallied around the folks who had to face this crisis, the people in the clackamas town center, and all the first-responders who worked so hard to keep everybody safe. and i say our not toe -- motto here at th office is working together to make a difference and i really believe that in my heart and i believe in this crisis we really did just that. we all worked together well and i believe it truly made a difference. so right now i wanted to turn it over to dennis curtis, the senior general manager for the mall. dennis. >> thank you. megyn: there you have it, the clackamas county sheriff, frank roberts, giving us our latest update and most informative what happened yesterday afternoon as a 22-year-old young man by the name of jacob tyler roberts went into that mall and started shooting indiscrimminantly, killing a 54-year-old woman named cindy yule and a 45-year-old father and named steven it forsyth. striking a teenage woman, a young woman named christina. she was wounded earlier. we heard a report she was expected to do okay, to be okay. we'll have more on her condition as the day goes on. a little more information from the wires on jacob tyler roberts, the 22-year-old shooter according to the sheriff. he has no criminal history. he received two speeding tickets earlier this year. he was evicted from his apartment earlier this year. this is according to the oregonian, not independently confirmed by fox news. and they also report that his mother who lives in portland answered her door last night but declined to comment to an oregonian reporter saying only quote, i loved my son very much. and you can only imagine her pain today as well. along with the innocent families who lost their loved ones yesterday and the other innocent families who were terrorized by that young man as they were just out trying to bring their kids to see santa, trying to get their christmas shopping done and two of the people who were there are my next guest and her baby. they were inside that macy's you just heard the sheriff talking about when shots rang out. imagine that, pushing your baby and hearing shots ringing out in the mall. this young woman grabbed her baby and literally ran for her life and the life of her baby. later she realized she just missed an encounter with the gunman saying she stopped to smell the perfume at the counter. if she hadn't her story could have been much different. kira rollins joins us by phone. thanks so much for being with us. >> thank you. megyn: what is the name of your baby? >> his name is kel len. megyn: you and kellen were there yesterday doing shopping. what was the first inclination you had there was danger ? >> after the second, the two shots that were fired, everybody kind of started looking at each other, there was more shots and everybody started to hit the ground and i held my baby, he was sleeping on my arms, in my arms and kind of just squeezed him really tightly. as i was going to go to the ground, more shots were fired and then that flight kicked in and threw him into the stroller and just started running when everybody started screaming and just headed my, headed for the exit. megyn: did you realize at once it was gunshots? >> yes, i did. yeah. there were so many. megyn: it is so out of the blue i imagine. you're there at macy's. >> it never expect to hear something like that. i never heard something so close. i never heard gunshots so close before. i didn't know where they were coming from but i knew they were close. megyn: and describe what you saw around you, the behavior of the other customers? >> complete chaos and panic and just, you know, doing these interviews i relive it every time and it's awful and i can remember the faces and, hear women screaming, women just screaming and running and i remember, i do remember seeing a couple of macy's employees gathering people on the way out because as you know those department stores are a little bit, you've got to weave in and out to get anywhere. so the macy's employees were kind of shuffling people along and and there was a lot of running and screaming an confusion. megyn: were you on the top floor of macy's or on the ground floor? >> yeah, i was on the top floor and after watching all the news reports i find out how close he was to me. and i was, i was 10 seconds behind him. megyn: how so? you had walked into the -- explain. >> the perfume counter is where i was when it was going on. the shoe department is the last thing you kind of go through before you exit the macy's to go into the food court, that area of the mall and, he was right outside those doors. and then after his gun jammed apparently he came back inside to the may ses -- macy's towards our way. like i said i was, i was on my way, i was kind of just walking out of macy's, mowssying and i stopped at the perfume to sit there and smell. so if i hadn't have done that, as i'm saying i would have just walked in the middle of -- [inaudible] megyn: oh, my goodness. as we hear the sound of your beautiful baby in the background we're thankful you're being able to be here with us to recount your story. all the best to you and your family. >> thank you so much. megyn: we'll be right back. sure. clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. till you finish your vegetables. [ clock ticking ] [ male announcer ] there's a better way... v8 v-fusion. vegetable nutrition they need, fruit taste they love. could've had a v8. or...try kids boxes! could've had a v8. social security are just numbers thinkin a budget.d... well, we worked hard for those benefits. we earned them. and if washington tries to cram decisions about the future... of these programs into a last minute budget deal... we'll all pay the price. aarp is fighting to protect seniors with responsible... solutions that strengthen medicare and... social security for generations to come. we can do better than a last minute deal... that would hurt all of us. megyn: a controversial report. google is accused of avoiding $2 billion in income taxes in 2011 by moving -- by sifting $9.8 billion into scene offshore shell company in bermuda. now people are questioning barack obama relationship with a google executive. joining me now, stuart varney. thank you for being here. wait a minute. ex ceo snow, the google chairman. >> reporter: he is the executive chairman now. for 10 years he was the chief executive officer. he ran google. during his running of google google parked this $9.8 billion in bermuda, thereby avoiding the heavy tax that would have had to have been paid -- if $10 billion had been brought back to america. megyn: is that legal? >> reporter: it's perfectly legal and some would say that's the responsibility of google and eric smith. megyn: so who cares, i know everybody wants everybody to pay more taxes. >> reporter: it may be a case of hypocrisy. we have eric smith at google deliberately avoiding a high tax which the president he supports pushes on american corporations. megyn: he doesn't have to support him in every piece of his agenda, dose? >> reporter: no, but he's an adviser to the president, supporting him financially you would think he would tow the line with the president's policies. megyn: doesn't he have an obligation to google shareholders? >> reporter: his obligation to shareholders is to minimize the tax bite and maximize the return to the shareholders who own google. that's one side of the coin. the other side of a coin, a deliberate' avoidance of a tax pushed by a president he supports. maybe hip krat i is sharp edged. megyn: now that we established he had every legal right to do it. let many talk about what he did. if i can shift my money into an account in bermuda, how do i do it, stuart? >> reporter: here is how you do it. you form a shell company, then a google -- megyn: what does that mean? you incorporate a company that doesn't do anything? >> reporter: it's a company incorporated in name only. it's perfectly legal to do it. you do it in were mew a. then the money google collects from all over the world is funneled into this shell company in bermuda. the money sits there and while it's sitting there he doesn't pay any tax in bermuda because there is no corporate tax in bermuda. if that money were moved back to the u.s. they would pay $35 tbers. megyn: don't they have 0 move the money out of bermuda. >> reporter: they can take it to singapore or china. it doesn't to come back to america. there is no law which says if you make money overseas it must come back here. megyn: now they are getting upset overseas. the french tax authority removed computer files in italy. the tax police searched the come numbers milan offices. they say they don't believe they are paying their fair share of tax. that may or may not be true. but if it's legal how much can they do? >> reporter: it's perfectly legal. they investigated various companies and put pressure object them from a public relations standpoint. starbucks, for example, they weren't forced to hand over money but they were pressured into making a special payment of $10 million pounds, $16 million to the british chancellor of the exchequer. they did it for good p.r. maybe something similar will happen with google. they don't have to pay. they have done perfectly legal stuff. megyn: he reportedly turned down being treasury secretary, or the new secretary of business. he says it's called capitalism. we are proud to be capitalistic and i'm not confused about it. he helped america hint down usama bin laden. but now the family of this pakistani doctor say he's being tortured in a pakistani prison. the question is why are we not doing more to protect this man and why aren't we hearing a debate in washington over holding up billions in aid we send to the that country. wait until you hear what he says "storage wars" are doing to deceive you. in michigan angry union members attacked a tent set up by supports. as the tent came crashing down people were still inside. aphrase, scared. and we'll talk with one of them just ahead. questions? anyone have occasional constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'. megyn: moment ago police gave an update on the deadly mall shooting, release the name victims, the name of the short and explaining how oh got the gun. >> is name is jacob tyler roberts. he was born march 16, 1990. based on all the evidence we have gathered so far it appears he did dive a self-inflicted gunshot wound. we are also repaired to release a -- we are also prepared to release additional information about the suspect. he was armed with an ar-15 semiautomatic rifle. the rifle was stolen yesterday from a person known as a suspect. at the time of the ateak what is wearing a load-bearing vest, not a bullet-proof vest that was earlier reported by some outlets. megyn: police have not determined how many shots he fired. but they say he was carrying fully loaded magazines and it could have been worse. they do not know a possible motive. thnew details on a pakistani doctor who helped track down and kill usama bin laden. his bank account has been looted and his own family has been turned away when they tried to visit him in jail. some are questioning why we aren't questioning the aid we send to pakistan annually. foxnews.com has been doing great reporting on this situation. they report he has recently been tortured in prison. he's being treated inhumanely after being given a 30-plus year jail sentence for helping us, whatever they called it. again it raises the question of shouldn't we be doing something to help him since he helped us in trying to find usama bin laden? >> we don't know what's being done behind the scenes. i'm going to give the obama administration the benefit of the doubt that they are doing something behind the scenes to get him out. the fact that pakistan was harboring usama bin laden when they are suppose to be our partner in the war on terror tells you the tenuous relationship we have with them. i think that we do want to try and help him, the question is what can we do and do we want to cut off aid in a country where we need their approval to be able to have the drones there. megyn: we have nukes. if we cut the nukes, where does the aid go. there are all sort of reasons not to do it. but there are also concerns that we care about this doctor and we care about the. >>er would-be assistants there are to us in the world that would step us catch similar terrorists and they see the way this guy wound. what's their incentive. >> also in afghanistan, mali, nigeria. we want to send a signal that if you are going to help the united states we'll stand with you. he got a 33-year jail sentence. the pakistanis charged him with treason and they convicted him on that basis. pakistan is ostensibly our ally. but they were charging him with treason on this. president obama, one of his top national security aids is a woman named samantha power. she came up with a doctrine called responsibility for protect. that's the justification we used for going into libya. i think that that doctrine should be extended to somebody like the doctor. do it mean going in with military action? no. but if you are going to be consist meant your policy, that means protecting and helping those protecting and helping us. >> the senate appropriations committee voted to cut the pakistani's assistance. senator rand paul wants to cut all aid until this guy is released. as we touched on a moment ago, is that fraught with more peril for us in our interests? >> senator paul wants to cut all aid regardless. he's always looking for any way to cut foreign aid. but i think that the administration has -- they have to decide what is the most important thing, is it having drones flying over pakistan and take out al qaeda leaders or would-be tear rifts or is it getting this doctor out. i'm going to give them the benefit of the doubt. >> you have to look at pakistan. pakistan was harboring usama bin laden. what kind of partnership is this. we are break them to be able to fly drones over their country. >> and supply lines for our troops in afghanistan. megyn: it's a p.r. war. i imagine it am not that easy to recruit this guy that's being harbored in his own community. this guy put his life at risk. he gets the dna of the bin ladens on the compound or tried to. and that was instrumental for many reasons. on the p.r. war, trying to appeal to other would-be assistants to us. what should we be doing? should we send in a navy seal team to get this guy out? should we do what rand paul says temporarily to get this guy out? if you help us get the terrorists we have got your back. >> all those things should be on the table. this guy has been languishing in jail for quite a while. megyn: now he's being tortured. >> this guy is such a hero. he told fox news when somebody smuggled a cell phone necessity called this network. he said i would do it again. he said i believe in human right and the international sense of justice and i would do it again. what signal does it send to those who want to help us who would take their lives in their hand to help us. i have to say when i look at the public, when i look at the media i wonder -- i have the same question i think about when i think about the four dead americans in benghazi is where is the outrage over those four dead americans and this particular case. this man is a hero. we need to be doing everything we can rather than setting him aside and saying we are not interested in him anymore. we are not that kind of a country. megyn: congressman dana rohrbacher said the administration is not doing enough. he says the u.s. government has abandoned this man and left him to the mercy of the same people who hid bin laden for so many years. a brand-new poll shining light on why washington is such a mess. chris stirewalt explains wait could mean for our immediate future. one of the most dramatic scenes coming out of michigan. angry demonstrator attacked a tent that was set up about it supporters of the right to work law. we'll peak to a woman who was in that tent. you know how painful heartburn can be. for fast, long lasting relief, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier that helps block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®. well, having a ton of locations doesn't hurt. and a santa to boot! [ chuckles ] right, baby. oh, sir. that is a customer. oh...sorry about that. [ male announcer ] break from the holiday stress. fedex office. >> we are getting this new image of the suspected gunman. his name according to the authorities is jacob tyler roberts it appears according to police he died of a self-inflicted gunshot wound. here are the photos of the victims dyed who died in that attack. new video coming in of angry confrontations that broke out after michigan became the 24th right to work state meaning folks there can choose whether to join a union. the fight turned nasty when union supporters started to tear down a tent with people inside of it it was set up by the pro right to work * group of. americans for prosperity. look at this. i'll show you the video of them tearing down the tent. some people inside the tent were in a panic. there are reports two of them were in wheel chairs and also inside that tent was the director of the americans for prosperity. i know you set up your tent in the park. even though you had a permit to be on the steps of the capital. why did you do that? >> we could see that the union mob was large. and we did not want a violent confrontation. so our activists, probably a few hundred activists were using the tent as a safe haven zone for us to be able to stwand these lawmakers who courageously supported right to work legislation. megyn: what was the first sign of trouble? >> there were people near the perimeter of the tent attempting to loosen the canvas ties. two men with ski masks went into the tent and started to slice at the tent's canvas testers. that's when the crowd started to disman it. megyn: what were you doing inside the tent? >> we were drink coffee and uploading photos to twitter and facebook. it what else a safe haven zone for activists who wanted to show their support forthright to work legislation. megyn: what were your thoughts? >> it was scary and i was angry they would invade our space and trample on our democratic rights to make our voices heard as well. megyn: is it true there were people in wheelchairs? >> there were some older people in the tent and there was one disabled woman that i'm aware of. megyn: i want to ask you because we have seen video of the folks outside the tent and profanities. there seemed to be so much anger. was that your experience as well. >> there absolutely was a lot of anger. a lot of the union protesters have been sold a pack of lies by the union boss who are terrified of giving workers the freedom to choose whether to join a union. but we have a message for all of those protesters. the good news about this legislation is they will still have a right to join a union. they so desire. clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! 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[ male announcer ] yes, it is. that's the cold truth! meg require want to talk to you about a man named clint. clint's hot dog cart. he was there selling hot dogs to both sides of the dispute. there is a picture of him and his hot dog cart shown in tatters and some reports on twitter that some were shouting at him on the other side, the "n" word and calling him an uncle tom. did you with itness any of that? >> i watched him as he crawled out from underneath the tent and was attempting to help get other people out from underneath the tent and save his equipment. clint is a gentle man and he has been serving hot dogs to the people of the lansing capital area for many many years. and so it was disgusting to me to see him treated that way. i went and asked him if he was okay, he said he was okay, but he did appear to be pretty shaken up. megyn: where were the police during all of this? >> the police came in. they had their handful guarding the capital. the tent had been collapsed at that point. megyn: we can hear a lot of shouting and obscenities, but what were they angry at you about? >> a lot of them said go home, scab. tear this tent down. go home. of course they were shouting lots of things i cannot say on television as well. some of them are professional protesters. but others are just misguide and confused. they think this means their jobs. we wanted to send them a clear message. again you can still join a union and collectively bargain. this sort of violence is unnecessary. we were there to have a peaceful democratic debate to stand in support of the lawmakers passion this legislation. we didn't want any kind of violent confrontation like this. megyn: the tape is very disturbing. a representative tells the house chamber there will be blood, there will be repercussions for the governor signing the law and the lawmakers passion it in the first place. a remark the white house did not specifically condemn. annie, thanks for being here. a new report that al qaeda loyalists are fighting to take control of syria. megyn: fox news alert. the atrocities in syria reaching new levels. fox news is confirming the syrian government is using asked you missiles on its own -- is using scud missiles on its own people. i'm megyn kelly. sources tell fox news 6 missiles have been fired from damascus the past several days. human rights organizations say syrian forces are dropping bombs on heavily pop late civilian areas, burning entire towns to the ground. the group human rights watch because its claims on witness account.and amateur video. you can see a small group of civilians including women and children running for their lives. it works like naphom. this video womg in just one day -- this video coming in just one day after the white house recognized one faction of the rebel movement as the good guys. but there are other groups fighting side by side including jihadists linked to al qaeda. what more can you tell us about these missile launches they are doing? >> we'll start with this, megyn. it shows how much the assad regime lost its ability to project power out of damascus. first they were using tanks against the rebels. so they are resort something asked you missiles. this comes as the opposition are gang new strides in being able to project farther into damascus. this is video from syrian state tv. there was a car bombing inside the damascus zone where a number of government buildings are. this was outside of the interior ministry. typically these car bombs have been net off by a loosely-associated al qaeda front inside syria trained by al qaeda in iraq. they were just black listed as a terrorist organization. this comes at a time when the united states is recognizing another one of the rebel groups as the legitimate force behind the syrian rebels. however, there is a big problem for the united states that they can't send weapons to these groups as evidenced by there is video. it shows the number of muslim extremists heading into syria from europe. they are fighting against president assad but what they want to turn syria inis to nothing short of an islamic state for militant operations. it's difficult to give weapons to the sp significance because the united states fears the weapons will end up in the arms of the islamists being used against u.s. soldiers. this comes as everyone is trying to figure out who to get behind. the increasing civilian cost. it seems we hear of something worse happening. just today the possibility of a massacre in a village would be seen as a village that was loyal to president bashar al-asaad's re gleem syria. a number of -- bashar al-asaad's regime in syria. we can't figure out if people were killed by the rebels to make it look like the government did it or the government did the and the rebels are reporting on it. but the deaths of women and children is increasing every day. megyn: new concerns that al qaeda loyalists are gang the upper hand in the fight to take control of syria. colonel ralph peters will explain the high stakes battle. who wins and what america can lose. why did president obama choose now to throw our support behind this group. was that statement and decision timely? and where do we go from here? a new rasmussen poll shows a great divide in the u.s.a. 46% of mayor cans see the federal government as a threat to their rights. 46% sight as a protector of their rights. what does this mean for the rest of us. chris stirewalt is the host of foxnews.com/live. president obama won easily by a couple million votes. the electorate is very divide, red versus blue, and they seem to fall in these two different camps. the government can save me, the government needs the stay out of my business. >> it's a huge ideological gulf. the underlying question is does the government give you things? do you have a right to things like health insurance or other things? or do you believer that you have a right to be protected from the government? conservatives believe the purpose of the constitution is to protect you from the government. what liberals believe is that the government has an obligation to provide for the needsist individuals. these two views could hardly be more out of alignment and it explains so much not only why the country is so divide. but why here in wash it's so difficult, so gosh darn difficult to get anything done on debt, deficit spending within entitlements, all the things the town is currently gagging on. >> apparently in the not too distant past this poll produced result that show nearly half of americans consistently describing the government as a threat to their rights. they almost always said the government is a threat to our rights. but now more and more adults are considering the government a protector. so there has been a shift more in favor of big government. >> there has either been a shift in favor of government or liberals felt the government wasn't protecting them. also social issues are a factor. abortion, especially. what this may reflect is liberals feel more confident and happier about the size, role, cost, magnitude of the federal government than they did before. they like it better when the government is run as it has been under president obama. >> is this a fundamental shift in our country right now or is this a temporary thing? we over the past century we have seen the government and the policies enact bid our leaders go from very, very conservative to very, very liberal. the great society and so on. and then we wait and then we go back. we go back to the conservatives. do you think this is the nation has shifted to a more liberal pro big government group or is that just the reality today? >> i think it's the reality today. there are some shift that have taken place in the country. as government program have expand and the government has continued to build out its role. nobody has ever cut government. what we have done is have attrition in government. now when we talk about spending cuts we are talking now about reductions to already dialed in future increases. so there is that part of it. and the other part is this. it's always a pendulum. it swings to one direction and swings back other way. what republicans are hoping is they can survive this swing to the left and when the gravity is going their direction, they are going to be able to undo and change thing. they just have to survive. megyn: it' interesting to find ourselves living in the time when we may be forced to 2002 back on things. if you listen to what happening on capitol hill and the status of social security you wonder in our lifetime if the piper will have to get paid. >> days not the day. but maybe in our lifetime. megyn: it's the tweet heard round the world as pope benedict takes to twitter. the message from the leader of the catholic church unleashed the best and worst of one of america's greatest social media outlets. >> reporter: he's trying to convey his messages in 140 characters or less. the vatican says these tweets should not be considered infallible teachings. but they are pearls of wisdom. here is his first tweet. dear friends, i'm pleased to get in touch with you through twitter. thank you for your generous response. i bless you will of you from my heart. a social media expert thinks this is a good thing for the vatican. >> it's interesting because it is an opportunity for him to use this new platt form to reach out to this global community that he has established and reach them on this platform that is inherently based on engagement and exchange. >> reporter: speaking of engagement and exchange the pope will respond to a few questions about faith sent to him from his followers around the world. the pope has 883,000 followers. the number is expected to skyrocket in coming days. been effect 1 -- benedict xvi ss twreets out in eight different languages. we should note the pope is also following 7 people. unclear with @megynkelly is one of megyn: then he will tweet me lol. merry xmas. the pope would never tweet that. we are following new developments that have been unfolding as we get new information in that deadly mall shooting in oregon. have you heard the suspect arrived at the mall with a rifle that he stole, we were told, from a friend, and several fully loaded magazines. ahead, new information on the suspect's background and the possible motive. plus a reality show star filed a big lawsuit against his former bosses claiming important parts of the hit series storage wars are all fake. "kelly's court" debates. and the white house refusing to specifically condemn the rhetoric coming out of michigan about there will be blood in the wake of the angry protests we saw there yesterday, saying the president stand by his opposition to right to work laws and does believe in civil debate. laura ingraham weighs in and she thinks this change in michigan is the beginning of a nationwide trernld. megyn: confrontations outside of the michigan capital. white house press secretary jay carney said he had not heard not necessarily about the violence outside the michigan state capital, but comment made by one michigan state democrat saying there will be blood in the wake of michigan's right to work law. saying instead i haven't seen those comments. and talking about the president's repeated calls for civil debate. laura, i want to tell the viewers what happened. our own ed henry is at the white house press briefing. he asked about -- hold on -- about this guy mr. geiss, the michigan state democrat saying there will be blood if they do this in michigan. jay carney said, well, i didn't see that comment. doesn't sounds like it necessarily means what you are implying it means but the president likes civil debate in general and that's what we want to see in michigan. >> reporter: remember a few years back in 2009-2010 in the leadup to the obama-care vote, the tea party was described as brown shirts, racists, astro turf protesters. they were kind of phoney protesters. they weren't real grassroots people. they were accused of so many things. and there was no violence. fairly peaceful in their protests and gathering'. but this happened yesterday and there is a big yawn from the collective media, and frankly a flat liner reaction from the white house press secretary jay carney. if the shoe were on the other foot we know what would be happening. we would have a round of condemnation from democrats and republicans as well who would say there is no place for this. these are innocent lawful americans expressing their first amendment rights. they should be respect just as the union protesters should be respected. yet the white house -- they have a political payback here for those who oppose unions. they did in wisconsin, and i think yesterday that reaction from the white house was abominable. megyn: the situation -- we had woman on from americans for prosperity. she was talking about how they had a permit to go on the steps of the capital but they decided to cede the ground to the union. we'll go over to the park, set up our tent and make our point there. but she talked about how somebody inside the tent in a wheelchair. and the guys came in in black masks with box cutters and started cutting down the tent. >> do you doubt if this were any type of conservative group oh protesters that eric holder wouldn't have already opened up a line of inquiry or investigation? he would have already done a press conference. you would have janet napolitano convening an emergency meeting of homeland security. this would be an allout push about it administration to clamp down on this conservative group that was supposedly acting this way. but again if you are a friend of the obamas, you get a pass in a lot of ways. you get a pass if you are jeffrey immelt saying china has a lot going for it in the way it does business. because around pal of the obamas. you get a free rein. megyn: one wonders if it had been a republican lawmaker standing up in ohio after the righright to work push was defed saying there would be blood in jay carney would have defended him saying i'm not sure it means what you think this means. >> there there would be a move on the floor of the house of representatives for an immediate censure of this congressman. but we know how this game is played. the unions are being rolled back. megyn: i was off yesterday, and i took this news in as consumer. what i saw more than anything was that they seemed very, very angry. the union folks seemed really, really angry. what is it about? >> power. >> explain why they hate it so much. >> it's about power. they see that in wisconsin their influence was rolled back. they see in 24 states unions can no longer just demand that any worker regardless of whether that worker wants to be a member of the union or wants to support the political beliefs of the union, has to fork over the money. it means less money, less power. they need this power. they need it for their political influence, to demand more concessions from employers, and it's always been about power. it's quite interesting that a lot of these same union heavies were very quite on globalization. well, now globalization has taken hold and american companies have a difficult time competing with these lower wages offered in other countries with fewer regulations. everyone has to compete and american companies are often at a disadvantage. but the unions weren't really out there talking about globalization. in fact many of them welcomed it. megyn: it' tough to see how go into a unionized shop in michigan with these folks who are unhappy and choose not to join the union even those law now allows that. they seemed very determined not to lose the power that they have. >> it's about image. they want the image to be we are here in such big numbers. even though a lot of them were from out of state. the teachers were up in arms about this. i happen to have a the lot of family members in education. the stories about what the teachers union demands of teachers is quite shocking. megyn: thanks for being here. before he lived in the white house former president ronald reagan lived in illinois. now there are plans to bulldoze one of his childhood homes. >> new word out of illinois that ronald reagan's childhood home is about to get demolished. the university of chicago owns the land now and it's about to go under the bulldozer. critics say the decision is being driven by politics. trace gallagher live in our west coast newsroom with more. >> reporter: president reagan lived the first 21 years of his life in illinois. in 1915, ronald reagan's family moved in there. young dutch was 4 years old. the building is owned by the university of chicago and they want to raze it to make a parking lot. they turned down the request to make it an architectural preservation. they say it shaped the president's character and it was the place his first memories were made and this should be turned into a museum. that's turning on deaf ears at the university of chicago. they say it's one of their many buildings and it should be taken down. but they are lobbying to build a presidential library for president obama in the area of hyde park where the president currently has a home. so we asked the university of chicago for a statement and they said there is lots of buildings on our land. this one is coming down. megyn: trace gallagher, thank you. the create towards of a popular reality show slapped with a lawsuit. they claim parts of the show are fake. entirely staged. and he was fired because he dared to complain about it. "kelly's court" debates whether this guy has a case. colonel ralph peters will be here to section plain what it means for the u.s. as the condition in syria deteriorates. hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. megyn: fox news alert. we are learning new information about the gunman in the deadly mall shooting in oregon as well as more information about his victims. police identifying the shooter as 22-year-old jacob tyler roberts. and sources tell the associated press he did not have a criminal record. there were reported a couple traffic violations earlier this year. a report he was evicted from his apartment where he shared with a girl, girlfriend, perhaps. but that's all. he was armed, police say, with a semiautomatic rifle, one that he stole the police told us, from someone he knew on the day of the rampage. while he had several fully loaded magazines, the rifle jammed during the attack and the sheriff says that he seemed to be firing randomly before he turned gun on himself. >> at this time we do not understand the motive of this attack except to say that there is no apparent relationship between the suspect and his victims. megyn: the sheriff also released names of two people killed in the attack. cindy ann yule, she was 54 years old and lived in northeast portland. her family releasing a statement saying she was everybody's friend. she was a wonderful person who was very caring and put others first. steven matthew forsyth, who was 45 years old and lived in west lynn. he had two children and was a loving husband according to his family and offered, his family offered the statement in part saying he had a great sense of humor and a zest for life. he had a vision and belief in others that brought great joy and value to many lives. dead too soon, just before christmas. back now to our top story this afternoon. that is the escalation of the violence in syria and new concerns that al qaeda loyalists could be gaining the upper hand in the battle for control of that country. this comes as president obama joins the international community in recognizing another rebel group hoping to overthrow the assad regime. listen here. >> it is a big step. there is a small element of the, of those who oppose the assad regime that are in fact affiliated with al qaeda in iraq we have designated them, al-nosra, as a terrorist organization and we are going to make clear to distinguish between those elements of the opposition --. megyn: the president had moments before that, he had designated syria's main opposition group as the sole legitimate representative of its country's people. lt. colonel nell ralph peters is fox news strategic analyst and author of the book, cain at gettysburg. good to have you back. your thoughts on the president's announcement and why now? >> i think he did the right thing but did it 15, 16 months too late. the president is recognizing the syrian coalition for two reasons the superficial reason the syrians have finally an acceptable group to deal with. the real reason? i think it finally dawned on the administration by not supporting those syrians fighting for secular rule of law for democracy, we by neglect empowered really ugly jihadis supplied by the way the ostensible allies the saudis and gulf arabs. megyn: that may confuse a lot of people. which were told they consisted of regular people in syria, lawyers, businessmen, who wanted to see assad gone and they fought and fought and were brutalized by assad and not much happened to assad from the outside world. then al qaeda stepped in and started to sort of exploit the situation and other al qaeda related groups and our allies over in the region started funneling weapons to the bad guys, to the jihadist groups. why did they do that? >> well, they did that because saudis, kataries, emirates do not want secular rule of law democracy in syria. they want a poor man's saudi arabia. these are, with variations these are shia-based regimes, especially the saudi regime. their goal is to have pure islamic societies and not westernized societies. the naivete on part of this administration is just stunning. the thought that they actually believe if we convince the saudis and the qataris to arm the rebels that they would arm the good guys as opposed to arming the bad guys? and you know the only good thing i can say about all this, if we were smarter, we would recognize the fact that all these. >> dodd -- jihadis coming together in sir was, a good chance to take them out after assad falls. jihadis are bottom-feeders. they go where they ever they can do the most damage against westernized ideas. that's why they're in syria. megyn: this reporting, i should tell viewers we were sending arms to saudi arabia and qatar and other countries going into the hands of the bad guys, of the al qaeda related groups, that comes from "the new york times" which has done a couple of in depth articles on this, that go directly against what the president and the vice president said at the presidential debates. this has been very undercovered, the fact that our allies, you know, that we, via the allies are shipping arms to the bad guys, we don't want them to have these weapons but they're getting them. so now the president comes out and says, clearly, we don't support them. we don't want them to have the arms. we want the other guys, the guys we perceive as the good guys to wind up victorious in this battle. now the president speaks out to it personally and what currency does that add? does it help the good guys, the ones we believe are good in any real way in syria? >> words don't kill people. arms do. and obama firing all this rhetoric in the direction of the syrian obsession didn't help a bit. when the saudis and qataris gave the jihadis real arms, good quality arms, that only helped. now our only chance, megyn, to pull this out, for the administration actively, get the cia on the ground, actively supply good quality weapons to the factions we know lean westward. and we can sort them out. it is a myth we can't tell the difference. and we have two interests in syria, in the long term. one, a rule of law democracy of sorts that doesn't abuse women and doesn't harbor terrorists. but there's another thing that people are overlooking. there's an operational prize for us. if we can get our hands on the assad's security services files, it would be a treasure trove telling us who in iraq was betraying us, what the iranians are doing, what the russians are up to. if we're not gaming how to get control of that stuff as soon as assad falls or at least access to it, we're throwing away another great chance. we're good at throwing away chances. megyn: why do say we need the cia to do it, not troops? there has been discussion in nato ground force in the context to stop assad unleashing chemical call weapons on his people? >> the issue of chemical weapons is something else entirely. megyn: right. >> as far as i'm concerned. but the idea of u.s. boots on the ground i think it would actually be counter productive and wasteful and we're tired and we can't afford it. this is classic cia job. the syrians are willing to fight but we need, again we need to arm the good guys and starve the bad guys and crack down hard right now on the saudis and qataris to get them to stop supplying these virulent violent jihadists because they are our enemies. we sucker for the saudis every time. now you've got, everybody is excited about the wrong stuff, megyn. everybody in the journalistic community is excited about scuds because they remember them from the gulf war. scuds are raty old weapons. if you fired from fox in midtown manhattan and tried to hit independence hall in philly you might hit camden. unless there is chemical or nuclear warhead on a scud it is useless. it is a terror weapon. what it tells me the assad regime no longer has many pilots it can trust not to defect to turkey or jordan and who are still willing to fly against the new air defense weapons the opposition had. so the meaning here isn't, oh, scuds are terrible. the meaning is, assad is getting increasingly desperate and even though the chemical weapons seem to be on the back burner now i would still watch that space. megyn: we don't want to address that problem when they're on the front burner, ralph peters. >> no. megyn: thanks. always great to get your perspective. >> thanks, megyn. megyn: a popular reality show got slapped by a big lawsuit from one of its former stars. who claims that the important parts of the hit tv series, "storage wars", are all rigged and fake. we'll debate in "kelly's court" next. members of a labor union in philadelphia wanted to make sure their complaints were heard loud and clear. they came up with a day of doing so and reaction is not what they expected. >> your community is trying for jobs, participation and fair wages. [baby crying] but when i was in an accident... i was worried the health care system spoke a language all its own with unitedhealthcare, i got help that fit my life. so i never missed a beat. that's health in numbers. unitedhealthcare. >> paid $2700 for the locker. >> i paid $700 for one box and i sold it for $100,000. >> there is nothing in it but papers. >> good eye, darrell, good eye. >> this is why i buy storage lockers. >> let the best man win. megyn: "kelly's court" on back in session. on the docket, reality show "storage wars" and a part of the hit series says it is fake. they go around to storage units in search of hidden treasure. each tries to outbid the other for what is inside. one of the former stars of the show, dave hester, is claiming that the show is rigged. he says some of the items inside the units are planted by the show. and he says he and others went to the execs and complained about it and then he was promptly fired in retaliation for raising his concerns. here's clip of the show. >> 850, 875. >> i pushed this unit far enough. i hope he enjoys his box. >> last and final call. guess what. got it your way. 850 bucks. thank you. >> i don't know, man. grab this stuff off it. i'll tell you what. >> what is this? >> it's a bmw --. megyn: and that, he says was fake, among other things. joining me now to discuss it, arthur aidala, former prosecutor and now defense attorney. janna spill bore, same pedigree. thank you for being here. i don't know the show but a lot of people watch it. four million people watch it and they say this guy is like one of the main stars. he is one of the guys who goes in and checks it out for five minutes and gets to bid. he is saying in particular that bmw among many other items are complete bs. the producers put it in there. this isn't genuine or organic in any way and they're misleading the world. arthur? does he have a point, or a case? >> the bottom line he brings that to the attention of the executive producers, basically saying look, we're propagating a fraud here and he gets fired. now what i did not have access to in preparing for this segment is his actual contract with them because that's where the nitty-gritty details would be as to whether they're allowed to fire him. whether they did this right or did this wrong. an attorney obviously read his contract and obviously determined there is a cause of action here. but because, you can't just fire someone, and abiding by all the terms of the contract and openly thing he did was say i'm not comfortable to the fact that we're basically lying to everyone, making this fraud, that oh, wow, look, geraldo didn't stick anything in al capone's vault. there was nothing there. and that was end of that. and you live with it, exactly. megyn: jonna, his lawyer is pointing out after the famous quiz show debacle back in the 1950s where they were rigging the show. >> yeah. megyn: that congress passed anment to the communication act of 1934 to prevent people from fixing game shows the question is this a game show? would it fall within the purview of that act? >> i say absolutely not. this is reality show. guys, we all know there is very little reality in these reality shows. and if they are rigging it, thank god because real-life would be boring. this show would be no more exciting than going to a garage sale, megyn. who would pay to watch that? they have a ton of viewers because people like excitement. we don't care if it is fake. let it be fake. this is issue whether or not he violated his contract. whether they violated the contract in letting him go. it is a contract action. nothing more. being a whiner is not a protected class. >> are you telling me snookie isn't real and everything that happens on "jersey shore"? megyn: i used to watch "jersey shore" marathons. we all love snooki. >> have never seen the show. i love to know how that guy, [talking fast] i don't know if there is disclaimer on the bottom? a and e is not saying this is documentary. this is not a documentary show. this is not how the titanic went down and we're messing with the facts. it is an entertainment program. that will be --. megyn: if the producers, as i understand it, the way the show works, you open up the storage, you correct me if i'm wrong, you open up the storage locker get five minutes to look at it if you're a guy like the plaintiff dave hester. you try to assess. anything worth value? how much will i put on it. if the producers put anything in there who cares whether they did or didn't? your job is to figure out what is in there and your job is to figure out what to bid on it and win the contest. >> there is supposed to element of whole lore of the show is surprise. megyn: how does that hurt the element of surprise? only producers are not surprised. >> these storage lockers are abandoned by other american citizens. you don't know if there is garbage or bmw. megyn: is this consumer fraud, jonna, this is not what it purports to be? >> hang on. i'm sure all the bidders are getting paid to be on the show, number one. i don't watch it very much but i don't think these auctions are open to the general public. like being on a closed set. megyn: but they're telling us it is something other than what it is this plaintiff's allegation. they're misleading us and a matter of public policy when an employees goes in and objects to misleading the public, as a matter of public policy that would not fly. >> that is his biggest argument. >> i don't think this is a matter of public policy even if the producers were creating the whole storage area, right, if actors for lack of a better word, bidders don't know that and they go and they're bidding how does that affect anything? megyn: he is also upset he paid, he claims for a female cast member's plastic surgery to add sex appeal. >> they offered to pay for the plug things for my head. i turned it down. megyn: you wisely said no. >> i wisely said no. megyn: our favorite cue ball. all right, guys we'll follow it. he suing for a whole bunch of dough. at least $750,000. >> that is not that much. >> he is claiming wrongful termination. megyn: by the way, a & e says there is no staging involved. we'll see. >> thank you. megyn: protesters in philly taking it to the extreme. we'll explain how. [baby crying] megyn: we have been showing you some heated scenes from the right to work protests in michigan but over in philadelphia the electrician's union is using very unique and some say very annoying tactic to protest there. bruce gordon with fox affiliate wtxf reports from philadelphia. >> your community is trying for jobs, porpgs participation and fair wages. [baby crying]. >> reporter: the folks who live in the vista apartments say the verbal assault began last wednesday when a handful of union electricians, ibew local 98 set up an ipod and loud speakers powered by a generator get their message across. >> i know everybody say they have the right and that's fine but don't we have rights too that we have to hear this constantly every day? >> reporter: the electricians are proposing use of a nonunion contractor to do electrical work on renovations at the apartment building. residents say they have nothing against organized labor making a point but this? >> the crying of these babies, doesn't give them no sympathy. >> reporter: not helping union cause? >> no, not helping them. >> they don't seem to care. even when we approached them nicely on the first day, they seem to ignore us. [baby crying]. >> reporter: crying baby audio and driving the residents here crazy. i called the ibew spokesman to see whether we could quiet the protest. union boss john dockerty agreed to meet. he says nonunion workers are leading it economic rue ion. as for the irrate tag crying? >> it is well within the law. it is in the first amendment. >> i'm not apologizing. i'm holiday festive mood, bruce gordon came here on behalf of christmas and i will will wish everybody merry christmas and happy new year. i will with christmas carols tomorrow. >> reporter: no more crying baby? >> not until after the holidays. megyn: my husband and i were expecting our first baby and went to the parenting class. she told us she does this experiment where she plays a soundtrack of a crying baby. asks all the parents, how long did i play that for? the answers are always like, 10 minutes? 15 minutes? 30 seconds is the truth. i feel for those residents. our thanks to wtxf reporter bruce gordon for that report. we'll be right back. 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