Russians president vladimir putin, thats him, known as a fitness buff. Who doesnt have pictures like that. And now hes teaming up with steven segall, developing a Martial Arts Center outside of moscow and putins attempt to bring back a nationwide Fitness Program first brought by josef stalin in the 1930s and says on the kremlin website, that program could bring major benefits to mother russia, making children strong, healthy for the mother land. And i can see the fitness trend in manhattan about a soviet workout. It could get popular here. Maybe were on to something. The stalin something. Ill think of it. Youll figure it out. The stalin workout. Thanks for joining us. America live starts right now. Now. Fox news alert. On the white house weighing in on the latest senate effort to pass new gun control laws. The question now, how far will the president go in this fight . Welcome to america live on a friday, eastern. Im megyn kelly. In a vote down party line, the Senate Judiciary Committee Approved a ban on assault weapons and urged the senate and house to pass the measure and vicepresident joe biden now on twitter saying, quote, encouraged by Senate Judiciary committee action. Background checks, school safety, bans on assault weapons and high capacity magazines, but back on capitol hill, the main sponsor says she needs more from the white house in order to get this thing over the finish line. Chris stirewalt is our fox news digital politics editor and host of power play on foxnews. Com live. And so, there was all this kerfuffle yesterday about the exchange between Dianne Feinstein and senator ted cruz of texas. He challenged her with whether you could similarly limit the First Amendment rights and the Fourth Amendment that protects from search and seizure and so on in the way he thinks shes trying to do to Second Amendment rights. This was all over the broadcast yesterday. I ask you this, chris, as much attention as that got and were going to show the viewers point of that in a minute. What was the point . Because as of right now, are there even arguably the votes for the thing in the senate, the full senate or the house . Megyn, dont start raising the bar for or lowering the bar for pointlessness in washington d. C. , wed all be out of a job in no time. Come on, no, i kid a little. Megyn can that be done . Can one lower that bar . Well, congress is trying. We try, this city tries all the time, but the truth is that the exchange is important in this pay, that it encapsulates pretty well, what these two points of view are that Dianne Feinstein did not care to be questioned on the point of the constitution and this, ted cruz only cares about the constitution as relates to this and so you see how far apart you saw its nicely encapsulated, how far apart the two sides of this issue are and why in fact, as you said, this bill is not going anywhere. So, what if anything should the president do . I mean, Dianne Feinstein, even if you disagree with her, youve got to applaud her for standing by what she believes in and trying to get it done. Even those who dont want to see it passed, thats what you do with a legislator who believes in legislation, what is the the president supposed to do now . She seems to be looking at him or to him saying i need some help. Well, its not just her. She voiced it and as you said, this is her issue. This is something that has been a cornerstone of her career and she would like the president to stand with her. She would like the president to push harder on the subject and so would lots of liberals, this is part of the big three for them in the second obama term, thats global warming, gun control, and gay rights. And those are the things that matter a lot for liberals and things that they like to see accomplished and on gun control, nothing is going to happen unless theres legislation. The president can only do so as we saw with executive orders, not so much he can do without a law. So the left is really ready for the president to get out in front and start leading the charge on this. Megyn on the three gs thats interesting, global warming, gun control and gay rights and brit hume said he wanted to retire to focus on the three gs, they were not the same. They were decidedly different. Megyn his were god, golf and grandchildren and no one is passing legislation on in the senate. So, but why is the president not doing more right now . I mean, he tried. He came out and he had the press conference with the children behind him. You know, who had written to him asking for greater gun control laws and so on. You know, and is it this sinking approval numbers . And americans seem behind more background checks, but not necessarily this piece of legislation. Look, the president may be able to ignore the law that says he has to produce a budget, at least flout it for a while, but he cannot avoid the deadlines looming at the end of this month and into the summer as relates to the continuing resolution and the government in absence of a budget and then, the looming debt ceiling. So, hes got to deal with both of those and hes trying now to cobble together a very he difficult coalition. S never tried anything like this before in his presidency, to try to get republicans and democrats together to basically agree on what its going to take to borrow 1. 3 to 1. 5 trillion dollars over the next 18 months or so. And that is consuming all of these time and all of his interest and talking about a hugely divisive issue like gun control in the middle of that would not be particularly helpful. Megyn i want to ask you on a different point, about senator ted cruz. Hes been, boy, he got a lot of flak from the left and even some on the right for what we saw in that, in that senate exchange yesterday. I want to show the viewers now, can we pull up a sound bite and show them to give a flavor of what we saw between the junior senator from texas and the senior senator from california. The question i would pose to the senior senator from california would she deem it consistent with the bill of rights for congress to engage in the same endeavor that were contemplating doing with the Second Amendment, in the context of the first or Fourth Amendment . Im not a 6th grader, senator, ive been on this committee for 20 years. Ive studied the constitution myself. I am reasonably well educated and i thank you for the lecture. Megyn a lot of pushback how senator cruz handled himself in that hearing both in terms of decorum and in terms of the substance, even Charles Krauthammer wasnt that complimentary of senator cruz. What is the buzz on him . Because he is really reloved in some circles and you hear his name now more and more from republicans who are looking for 2016 and their prospects . Well, he was decorous, but he wasnt deferential, you could say, what the senate is referential and supposed to shut up and sit in the back. And things are changing in washington because of what happened in 2010 and more after as more libertarian minded and more conservative republicans continue to come in. Guess what . They dont win any points with their voters for being deferential, they dont get anything for that because the voters would not like them to defer to Dianne Feinstein when it comes to gun control. Texas doesnt want to see that so this is what the future is going to look like in the senate, which is the Old Boys Club and old gals club is going by the way side and its going to be much more confrontational and much more ideological and thats just the way its going to be. Megyn looks like the british house of commons at times. Not really. More fun to cover. Megyn chris, thank you. We showed you the exchange, between senator cruz and senator feinstein is moment ago. Senator feinstein went on television and described senator cruz as arrogant and aggressive and did feel that she was being lectured to. So the question today, was he just trying to be tough, make a point, young whippersnapper in the senate . Or did he have an important legal point . Did he have a valid legal point . Well have a fair and balanced debate on that question just ahead. A new question for the white house over an unnecessary National Security reversal that may waste hundreds of millions of dollars. President obama slammed the brakes on a west coast Missile Defense shield in 2009. Now after new threats from north korea, the pentagon is rushing to beef up and thats proving to be more expensive. In less than two hours, chuck hagel will hold a News Conference on Missile Defense learned that the pentagon is set to deploy 14 additional groundbased missile silos in alaska and california and bring the total number of interceptors to 44. Just eight days ago, the white house tried to reassure the American People. I can tell you that the United States is fully capable of defending against any north korean Ballistic Missile attack. Reporter north korea has been unpredictable, a country so isolated and threatened a preemptive strike on the u. S. And signaling a change is coming. North korea has the United States to continue icbm. Intercontinental Ballistic Missile. Saying the threat should have been recognized. And clear it was a they misdiagnosed, i think, the nature of what was happening in the region in terms of what a heavily sanctioned country determined to acquire these capabilities would be able to do, but i think its also driven by a broader ideology that was opposed to Missile Defense. Copingressional sources say it would cost more than four years ago and the cost of missiles has gone up at a time that washington has huge fiscal challenges. Megyn. Megyn all right. Mike, thanks. Well, from michigan today the eye opening story how one Teachers Union has found a way around the states new right to work law and a question about whether this tactic legal, as some teachers beg for a break from the union bosses. In three minutes, lou dobbs explains how theyve managed to do an endaround the new right to work law there. Plus, new suggestions that First Lady Michelle Obama may be eyeing a run for political office. We read the tea leaves with a man who sized former president bill clinton. And new fallout from Michael Moores plan to quote, destroy the n. R. A. By getting the Connecticut School shooting photos published. The photos of those little kindergarteners, he wants them made public. Now some in the Newtown Community are responding to his idea and we also hear from the head of the n. R. A. Today. Scissors, thats their answer . Lets get this straight, to protect our children in school, we recommend a trained professional with a gun, they recommend scissors. And they say were crazy . I mean hungry for the best . Its eb. Want to give your family the very best in taste, freshness, and nutrition . Its eb. Want to give them more vitamins, omega 3s, and less saturated fat . Its eb. Egglands best eggs. Ebs. The only eggs that make better taste and better nutrition. Easy. Egglands best eggs. Better taste. Better nutrition. Better eggs. Its eb. Well, the white house claimed budget problems and canceled tours for the peoples house to the public. What . What did i just say . The white house blamed the budget reductions for those white house tours being canceled. The and so, some folks are wondering where the main came from to entertain members of congress and their guests. Of the white house said today the annual easter egg roll is still on. Each member of congress is invited to bring up to four guests from a day on the south lawn. Thats from last year. And some 35,000 people, for the cashstrapped secret service. And in the print they say it may be canceled if funding or if the media gets wind of this plan. Thats not laughter one eye opening story out of michigan for a special deal for one union that managed to land before that state passed its right to work laws. Teachers in one Michigan School district now reportedly have to cough up union dues for the next ten years even if they say adios to the union. The union apparently got the news, grandfathered in before the right to work law takes effect later this month. So what is the point to the right to work law . Lou dobbs is host of lou dobbs tonight on the fox business network. Theyre supposed to be able to disassociate from the union when the law goes into effect in march in michigan and yet, somehow this Teachers Union found an endaround the law and you can disassociate, but you have to keep paying us 700 a year in dues. Per year. Megyn thats a lot of change. Its a lot of money and particularly for a School District in which theyre facing a 10 pay cut, thank you very much to the Teachers Union. They really have very little to pay this union to begin with. But what the union has done with the School District in complicity is sign a separate security agreement, security clause that means that the teachers, irrespective of the fact that michigan on march 28th will be a right to work state, will have to Pay Union Dues for the next decades. And right to work means you can join the union or not join the union. Your choice. Now theyre told you do what you want, were getting 700 a year because we struck a deal with the school. Now, youre the lawyer, but ive got to say that sounded like liar, let me say exact, lawyer. And the deal between the Teachers Union and the district is about as unconscionable, i think, as it gets. It also will fall because state law reempties, irrespective of the time it goes into effect because it would be an utter violation and the contract between them. If these people can convince a judge if they came to that deal with clean hands, they will have worked, i think, something of a miracle and the reason theyre doing this is that they know from experience, 24 states in this country, michigan the 24th, are right to work states and every state, most recently, oklahoma in 2001, more than a quarter of their dues were lost because the teacher said the heck with it. Megyn now, the teachers who are suing to challenge this deal. Three of them. Megyn the teachers in the union were scared into voting for this measure. So it sounds like it did technically have the teachers support, but not all of them and they feel that they were strong armed into agreeing to this by their union. They were not only intimidated, but it looks like a quid pro quo between the district, if you will, between the district and the federation of teachers, the this union in taylor, michigan, in which they said, you know, well sign this. Megyn the law is fine, the law is what it is, but then weve got our deal that says, forget that law, its a pesky law, how are we going to get our dues with that law in place. One of the reasons we see unemployment in right to work states. A full 8 10 of a percent lower than in nonright to work states. Its unemployments lower . Youre saying more people are its lower in right to work states. Megyn right to work. Significantly. Were looking at greater business formation in those states. And its its a very simple and personal situation. Megyn something in going on in oregon where the Teachers Union there wants state lawmakers to remove theres a notice coming up on the balance. Property taxes. Megyn that is warning people of a potential property tax hike in the coming election. I dont understand exactly whats happening. The teachers dont like that, but why are the teachers objecting to notifications of property taxes going up. They dont want the voters to notice if theyve signed up, they voted for a property tax hike and the property taxes are the basis. Megyn and theyre going to go and vote on various measures that affect them and the one on i raising property taxes is now highlighted on red ink on the outside of the voter envelope. And saying weve got more taxes coming at you. Megyn and the Teachers Union says let that go . No, let the voters blythely go on and meander through the ballot and the last thing they want is for taxpayers to know that he or she is going to be paying higher taxes in an educational system that isnt too shiny, if i can use the expression. Its pitiful whats happening. Megyn because those property taxes will go help fund the teachers salaries and they dont want anybody they dont want it to be highlighted the number is going to be up. Youve got a stealth teacher union. Just dont bother their pretty heads in oregon with the fact that theyre paying more money for the same service. Megyn how did they get to the situation in oregon the fact that your property taxes might go up if you vote yes on a certain Initiative Get highlighted on red on the outside of our little envelope. Because some of the voters in oregon are very smart and over the 1990s, they put through a requirement that anytime taxes are to be hiked, property taxes are going be to be hiked, there has to be an alert, an alert on the ballot. Megyn wow. To the voter. Very smart it should be in every. Megyn usually you dont go there, half the time, i dont know, that sounds good. Save the children, yes, im a saver of that and your property taxes are doubled and they go back and say, you supported it. An example, i assure you everyone watching your broadcast here today has lived through this in every state of the union. Megyn its sad. And always good for checking on the unions and check lou every night taking a couple days off, but week nights at 7 p. M. Eastern time. Check it out. Coming up, dramatic new evidence and eyewitness testimony today in a rape trial Getting National attention. We told you about this in kellys court. Teenagers called to testify in the case against two High School Football stars and now, prosecutors are delving into their troubling, disturbing Text Messages to one another to piece together what they say happened. Well tell you what they wrote. Another floating nightmare for you one of the most popular cruise lines. Three ships in trouble in three days. Were live in miami. A democratic mayor run out of the city by Union Protesters. Why they refused to hear what he had to say. Vo bold helps you reimagine building castles, oceans, and lagoons in the place we call home. Bold is where everyone comes to play. Starting our day off with a good dance and singing us to sleep at night. Coloring our lives in ways only bold can do. Its no wonder bold will make your reality, a dream. None of us think bad things are gonna happen to us. Im here at my house on thanksgiving day, and i have a massive heart attack right in my driveway. An artery in your heart, its called the widow maker. And mine was 95 blocked. They took me to the hospital, and the doctor put me on a bayerspirin regimen. [ male announcer ] aspirin is not appropriate for everyone, so be sure to talk to your doctor before you begin an aspirin regimen. Im a bluecollar worker. To me, bayer aspirin is another tool. Go talk to your doctor. Youre not indestructible anymore. Yeah . Then howd i get this. [ voice of dennis ]. Safe driving bonus check . Every six months without an accident, allstate sends a check. Silence. Are you in good hands . The mayor of philadelphia literally run out of the room by Union Protesters as he tries give his annual budget addre address. 23rd recipient of the award for distinguished public service. Megyn whistles are drowning out the mayor mudder. And theyre booing and whistling, drowning him out. And most are Union Members upset in a stalemate over contract negotiations and rather than have police toss them out. They called a recess and the mayor finished his address in a different room and in front of a much smaller audience. Troubling new cell phone evidence introduced in a key trial that we have been watching here on america live, as some important eyewitnesses testify in a High School Rape trial that has shocked the nation and sharply divided an ohio town and people have been asking me about this story wherever i go. Two teenage football players, you see them here, stars of the team in steubenville, ohio a popular football town, are accused of raping a 16yearold girl at a party this past august while she was drunk or passed out or near it at this event. Now, prosecutors are sorting through the teens Text Messages, building their case and its not pretty. Mike tobin outside the courthouse in steubenville, ohio. Mike . Reporter well, megyn, one of the eyewitnesses on the stand today was a 17yearold who says that he was in a car with one of the defendants and the victim in in case. And pardon me, theres no sensitive way to say this, but he says what he witnessed was the defendant pushing the girls shorts to the side and making hand to genital contact. In fact, he said he made a video recording with his iphone and later deleted that video. But the hand and genital contact is very important point for the prosecution because without consent under ohio law, that meets the standard for rape. Yesterday we saw the court get into the great volume of Text Messages that the teenagers sent back and forth with each other. And among other things, showed how traumatizeded 16yearold girl was. She sent a message to a friend saying, ive been crying all expletive day. I wasnt being a slut. They were taking advantage of me. Another message read, i hate my life. I dont even know what the expletive happened. So some of the Text Messages show the callus attitude of one particular defendant toward the victim in this case. I should have raped because everyone thinks i did. And Text Messages from the defendant is admission to hand to genital contact in vulgar terms. Once again a key point for t prosecution because that can meet the standard for the rape charge, megyn. Megyn mike, thank you and i can tell you as you look through the text members and you see them unfold, this girl woke up the next morning, clearly had no idea what had happened to her. I mean, one of the texts to one of her friends saying, tell he me right now what the blank happened last night because i need to know the truth. People keep asking me and i dont know what to say and the panic erupt as the information comes back to the pictures circulated of her about what allegedly happened to her and so on. At the same time you see the he email traffic and text message traffic from the two defendants and the Football Team around them. And the matter is very disturbing. Im not saying it proves rape, im saying it proves disturbing. Coming up were going to be joined by dr. Keith ablow a fox news medical ateam member and psychiatrist about why, why no one stepped in to help this young woman at a minimum, she was falldown drunk, slurring her words, throwing up all over herself at or around the time this happened to her. More than 60 teenagers may have witnessed and some even photographed these events on their cell phones that night. Why did no one, no one do anything to stop it . Thats coming up later. Well, new fallout from Michael Moores plan to quote, destroy the n. R. A. , by getting the newtown crime scene photos published. Were hearing from the newtown parents, some of them, and well show you where the debate goes from here. Those folks were not happy with the proposal. When you go to the great beyond you ought to be able to declare your love for nascar and football on your tombstone, right . The cemetery that says, think again, although kellys court. Weigh you down . As soon as you feel it, try miralax. It works differently than other laxatives. It draws water into your colon to unblock your system naturally. Dont wait to feel great. Miralax. From capital one. Boris earns unlimited rewards for his Small Business. Can i get the smith contract, ease . Thank you. Thats three new paper shredders. [ boris ] put em on my spark card. [ garth ] boris Small Business earns 2 cash back on every pchase every day. Great businesses deserve unlimited rewards. Read back the chickens testimony, please. Buk, buk, bukka [ male announcer ] get the spark Business Card from capital one and earn unlimited rewards. Choose 2 cash back or double miles on every purchase every day. Told you id get half. Whats in your walle scissors, thats their answer . Lets get this straight. To protect our children at school we recommend a trained professional with a gun. They recommend scissors, and they say were crazy . I mean. Well, that was n. R. A. Chief Wayne Lapierre, sounding off the Action Committee or cpac days after film maker Michael Moore an idea to quote, destroy the n. R. A. , by calling for the release of the grisly crime scene photos from the newtown shooting massacre this past december. In a posting on his blog, the film maker says that showing the grim photos would shock the world into action, but today were getting a new reaction to that call. Some of the newtown families are livid with Michael Moore, calling him off base, and want him to stay out of it. The parent newtown connection telling quote, for the families in the community we just want to get back to a normal life and that would be a horrendous offense to the families. There is no need for any of that. Thats not all, other parents are reacting as well. Joining me now alan colmes, host of the alan colmes show and lars larsen, and at cpac where Wayne Lapierre spoke earlier. You know, i have to tell you, honestly, i started this by saying, what a hideous proposal, what a hideous, horrible thing to propose, but to be honest, when you read Michael Moores piece, he gives you he gives you something to think about. And when you actually see the carnage unleashed in newtown, it will be less easy to move on from it. It will make you have to deal with it in a way that is it makes you confront the reality of a madman, yes, of what a gun can do, yes. Now, well have a fair and balanced debate whether that means you then pass gun control legislation, but why, why not know, as he claims, as the parents are willing and most are not, but if the parents are willing to show that to us, why not know what actually happened that day before making a decision on an issue like this . Let me start with you, alan. Its a fair argument, one of the parents of veronique showed the pictures and wanted them to know the horrific nature of gun violence. And i understand why parents understand its not Michael Moore, its up to the individual parents. And similarly, you know, the idea that youre going to show shocking photos or images and sort of change the other sides views, for example, showing pictures of fetuses does not stop the pro choice movement. So i dont know that its going to blast a hole in the n. R. A. , so to speak, and end the n. R. A. Efforts. Megyn and i dont mean the proposal to leak the photos against the parents wishes, you cant consider, if a warrant doesnt want that you cannot inflict any more damage and pain on those parents and you cannot do that and call yourselves a human being. But the proposal like the mothers alan mentioned, the mother of noah, say his chin and his hand were just blown aw away, she wanted the governor to look at little noah because she wanted him to see what, what had happened that day and for him to really understand it and i dont know, lars, i mean, if people saw that kind of thing, but from the parents who wanted it to be seen, would it change this debate . Megyn, i dont think it would, but let he me point out a couple of things, first of all, for the record, Michael Moore is a human being who seems to delight in saying outrageous things that do one thing, they draw attention to Michael Moore. They dont advance the argument. Secondly, let me ask judge megyn kelly, i would propose these photos only serve to inflame the emotions of the jury, the american public, hoping theyll do Something Different than theyll do if they simply heard the facts. We know the facts, children were murdered, it was an ugly scene. Now, if individual parents make the choice to share those photos with people, with other family members, with state officials, im not going to fault that choice, its their choice. Its not a choice i would choose to make and i dont believe my wife would do it either, but i think the idea of simply trying to outrage people, here is one id agree with alan, would serve the same purpose of showing pictures of aborted fetuses, but it doesnt change the discussion how we solve this problem. Megyn you raised a good point, in a court of law Something Like this would probably not be, depends on the case, but something considered too prejudicial would the not be allowed in evidence because you dont want to you dont want a jury making its decision based on emotion. You want them making the decision based on facts, the law, the evidence presented to them and so, he is trying to get people to the emotional point, alan, where they would have no choice other than to say, i dont care what it is, i dont care what it is, you know, your First Mental Health lockup, throw away the key. Every gun thats out on the street banned. I mean, to get people to that point. Thats not going to happen that way. Since weve already been horrified enough what weve seen about newtown or what happened after columbine and other such incidents happened, that the nation is in shock enough about the fact that these horrific events take place, waving in peoples faces and horrible images, only offend again, its up to the individual parent. I would take nothing away from my parent based on how they wanted to be portrayed. Megyn go ahead, lars. Sure. No, i was just going to say, the emotional reaction to this is the wrong one. For example, what the focus is is rifles and we all know that the most the number one murder weapon in america is not rifles, minority of cases. Megyn i want to ask you about that. Because in Michael Moores piece he talks about, the quote six and sevenyearold children killed at sandy hook were hit by a bush master ar rifle. I dont know that thats correct. It was a bush master rifle, but that the shotgun he brought was left in the car. Im not sure exactly how that results, a lot of people are saying that it wasnt an ar15. Theres a dispute over that, but megyn, here is what id point out to you, the medical examiner who has looked at the bodies and had the most intimate view of what happened said that the weapon that was used was an ar15 probably loaded with. 233 caliber rounds and that that was the murder weapon. Theres a debate in the conspiracy world, whether or not it was a pistols or the rifle. I dont think a debate over what kind of firearm was used in that particular instance would be helpful. Megyn and some would be banned under Dianne Feinsteins proposal. Ar15 is targeted, but not handguns. He had a glock and another. She wants to ban the rifle that mark kelly brought apparently for he and his wife Gabrielle Gifford without explanation hes out buying one when hes proposing that americans be forbidden to buy it. Megyn he said he was trying to make a point i guess. Let me ask you, alan, let me ask you whether there is anything whether its a parents decision to release the photos or anything you believe could be a deal changer at this point in the game . Because you know, everybody sitting here knows they dont have the votes right now. They dont have the votes in the senate. Dont have the votes in the house. Its one of those really ideological issues where people dig in their heels and its very hard to, like the abortion issue, to get to the other side and to find a place where all sides agree. He so, im not sure it would change any mind no matter what happens. God forbid there should be another such tragedy and bring people over to the other side. Megyn the tragedy were going to do it thats what opened up the dialog in the first place and has the legislature moving in a direction would not otherwise have been moving in now. Sadly, sadly what it takes sometimes to move forward. Unfortunately. Megyn. Megyn quickly, lars. There are solutions though. There are solutions. One would be to go out and go after the people who have broken americas gun laws, plenty of examples definitely not enforcing the laws as written on the books and the whole Mental Health question has been all, but forgotten, and well see if this gun bill likely fails. Thank you for being here. Just ahead, fox news uncovered evidence that some 30 people may have survived the attack on benghazi, that killed four americans. Why havent any of them come forward to answer questions about what happened that night. And video showing Nascar Jeff Gordon pulling what were told was a prank on used car salesman. A lot of people are saying the salesman was in on the gag contrary to what trace reported yesterday. The wait until you hear what we just heard from the people behind the video. New questions now that troubling rape trial underway in ohio and about to wrap up. We have been following the new evidence and testimony today. But that case highlighting another problem among students across this country. In steubenville, two High School Football stars accused of raping a young girl, but dozens of teenagers witness the events of that evening and not one stepped in to stop what was happening. Dr. Keith ablow is a psychiatrist and a member of our fox news medical ateam and now, weve had to talk about this to some extent before. Now we have the evidence and the actual Text Messages that were going back and forth. Im not jumping to any conclusions about whether this was rape because the defendants say it wasnt, they say it was consensual and they say that she went to that party having allegedly claimed she wanted to have sex with football players. Thats their defense. But what happened, according to the testimony weve heard so far, is this girl had about a half a bottle of vodka before of she got to the parties in addition to a beer. She was so drunk, she was throwing up on herself, she was falling over. Theres the infamous picture of her allegedly attacker carrying her like shes an animal, pass out or near passed out according to the witnesss testimony and these are the texts after the fact that one of the defendants, mays, thats one of the defendants, his teammates to the right of each other, and mays begs the friend youve got to say she was asleep and say she was passed out. I got you man, trying to take care of her. Lie after lie after lie and theyre only too willing to jump in and tell them. Why . Well, listen, we talked before, megyn, bystander affected people arent good at intervening when theres a group. This is something more. These are people without empathy. Youre texts from people who are horrifying, want to escape all and no feeling for the victim and her friend texts to her, shes pleading, can you please tell me whats happening to me and her best friend or former boyfriend says well, i couldnt help you. Megyn let me jump in exactly what he says, her exboyfriend says well, you were like dead. I left when i saw you naked on the ground i seriously felt so bad for you and i couldnt do blank about it, im so sorry. This is the end result of what we, you and i have been talking about for some time now. The lack of empathy being stoked by things like social media and reality tv. You see enough bizarre situations on youtube, you become disconnected from your own feelings and those of others by watching crazy situations unfold on reality tv and then real life doesnt move you anymore. These are teenagers. Steubenville is every high school. We have an epidemic of a lack of empathy and connectedness thats sweeping this nation. Its the biggest epidemic we will know, thats what i maintain, and its fueled by things like facebook, youtube and reality tv. Megyn you can feel it, you can feel it happening. We all went to high school and we all remember that kids are stupid. They do stupid things. Yes. Megyn they say stupid things, present company included, right . And no one is above brow, but, but they one of these guys testified to offering others money to urinate on this girl lying there with vomit on herself. Another one of the Text Messages reads, she looks dead, laughing my blank off. And then mays one of the defendants responds, yes, she is. And then the same other friend writes, i want to see the video of you hitting her with your you know what, lol. Yeah, well, she looks dead, you were like dead. This is what her exboyfriend said. These are vampires. These are the the dead preying on people, if you will, emotional dead people who keep invoking the language of mortality. You were like dead, but thats the best metaphor for these folks, because emotionally theyre not there anymore. Right, theyre using iconic scribbles, lmo and whatever, and texting and these are things that disconnect people from themselves. Theyre not human beings in that moment. Megyn and hard break coming up, i want to care think over because i want to ask you about the young woman and her female friends. Because its not just the guys. Thats next. Yeah. Im up next, but now im sging the heartburn blues. Hold on, prilosec isnt for fast relief. Cue up alkaseltzer. It stops heartburn fast. Oh what a relief it is theres no subtext. Just tacos. Yeah, its our job to make you want it. But honestly. Its not that hard. Old el paso. When you gotta have mexican. Schwab bank was built with all e value and convenience tdd 18003452550 investors want. Tdd 18003452550 like no atm fees, worldwide. Tdd 18003452550 and no nuisance fees. Tdd 18003452550 plus deposit ches with mobile deposit. Tdd 18003452550 and manage your cash and investments tdd 18003452550 with schwabs mobile app. Tdd 18003452550 no wonder schwab bank has grown to over 70 billion in assets. Tdd 18003452550 so if youre looking for a bank thats in your corner, tdd 18003452550 not just on the corner. Tdd 18003452550 call, click or visit to start banking with schwab bank today. Tdd 18003452550 dr. Ablow is back with us now. There are plenty of young women at the party and im he not holding them to a higher standard than the young men. These are some of them. Her friends drinking half a bottle of vodka and one friend tried to get her to go stay with a friend, but claims the drunk girl, the alleged victim wouldnt cooperate. I mean, and she just left her at that. And then theres another eyewitness, a 17yearold girl who said, oh, look, she declined an offer for a safe ride back. She walked through the door before she stumbled through the ground. She wasnt exactly passed out. She was conscious and wasnt carried anywhere like they had her like a pig on a stick they didnt carry her the callusness the way they recite what happened, doctor. I do hold the females to a higher standard because i have not been swept up in the back draft of feminism which was to suggest to young women theyre no more vulnerable and sensitive in some ways as young men, which they happen to be and they are more vulnerable, so in my opinion having worked with young women a lot in psychotherapy. Why wouldnt they step forward and defend her . I think theyve been sold a bill of goods that they, too, are to be cocollaborators in using sex as a drug, while on drugs, while using social media as a drug, and they, too, are lost, severed from their feelings and those for other women who they ought to step forward and defend. Megyn i love what you said on this program before, bears repeating how you can teach your children not to engage in group thinks, but to challenge when a group behalfs in a certain way to challenge that they must know more and to act. Ill give you the final word. Listen, it takes that, literally what you just said, if we would say to our kids, listen this could happen and ill be so proud of you if youre the person who steps forward to do the right thing. I cant tell you what a good and decent person i think you are, show it at the critical moment. People remember things like that. Weve got to teach it. Megyn okay. Dr. Ablow. We could get a verdict on the trial. And ted cruz in a fight with Dianne Feinstein over the Second Amendment. Was he being rude as some suggest or making an important legal point in a tough, but fairway . Well have a fair and balanced debate. Plus, there are new reports out there looking at signs that Michelle Obama may be considering a run for office. Doug schoen will go over that with us. And a big new headline on benghazi, libya, right after the break. You know what, there comes a point youre left with no other choices. We have he got to get to the bottom of this. Wireless is limitless. 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You should not start humira if you have any kind of infection. Ask your rheumatologist about humira, to help relieve your pain and stop further joint damage. Fox news alert. A breaking investigation into benghazi, libya last year. Fox learning there may be as many as 30 survivors none of whom have come forward so far to answer questions about what happened that day. Brand new hour here of america live, im megyn kelly. There are lawmakers who want to talk to the survivors of the benghazi attack and the white house is refusing that. Hiding those survivors were told in a virtual witness protection program. Now the word coverup is entering the debate. U. S. Ambassador Christopher Stevens and three other americans were killed in the september 11th attacks and the search for answers into their deaths and injuries of the others proving elusive, more than six months after the attacks. Our chief intelligence correspondent Catherine Herridge joins us with the latest. Thank you, a source tells fox news that, hill staffers investigating the benghazi terrorist attacks, believe that 37 personnel were there september 11th. And with the death of ambassador stevens, state Department Sean smith and two former seals, ty woods and Glenn Doherty in the annex, and 33 people were evacuated from benghazi. And the First Time Since the benghazi attack a state Department Official confirming that among the survivors were three Diplomatic Security agents and one contractor injured in the assault, and one seriously. Fox raised the issue with the White House Press secretary a short time ago. Is this white house preventing those survivors from speaking publicly or asking them not to . First of all, i have no knowledge of this story. Secondly, im sure that the white house is not preventing anyone from speaking. Reporter leading republicans in the senate and house have been calling on the state department to identify the injured and make them available to congressional investigators and so far the lawmakers say the calls have gone unanswered. The state department has not given us the names of the people attacked that were there that have firsthand knowledge of this information. They have given us zero documents, only allowed whats called an in camera review where they can look at documents as they look over our shoulders. Aside from the state department employees, we believe the cia have approximately 30 personnel on the ground in benghazi, including staff and contractors, fox also understands there will now be congressional pressure for the agency to make those people available to investigators as well, megyn. Megyn Catherine Herridge, thanks so much. Youre welcome. I want to take a quick look at surrounding the benghazi attacks and this marks six months since it left ambassador stevens and three others dead. The first ambassador to be killed in the line of duty since 1979. On november 14th, president obama says that his administration had provided all information regarding, quote, what happened in benghazi, still, we search for answers. We are also getting new reports today that a federal grand jury is investigating a u. S. Senator, namely Democrat Robert menendez, as questions grow over what prosecutors are looking for in this probe. The democrat from new jersey caught up in a controversy involving his relationship with the wealthy friend in miami, florida. An eye doctor who made some hefty donations to senator menendez and the Democratic Party in the last election cycle. Doug burns is a former federal prosecutor. Now we have been told that a federal grand jury is investigating the senator . Yes, and you have to remember, theres two types of grand juries, one is in investigating and the other is an indicting one. Thats an important distinction because the point is in my view, this is an investigating one. Theyve subpoenaed certain documents and looking into, megyn, whether or not the senator took actions on behalf of this individual, actions that would benefit him, benefit his business, in return for things of value. And things like, you know, vacation weekends, lavish meals, other, you know, gifts in kind. And the interesting thing is, you have to break it out in my view between ethics violations versus a criminal violation. Megyn much better to be subjected to the investigative grand jury than the indicting grand jury, it sounds scary. No question about it. Megyn can one turn into the other . Thats a great question o th some investigating grand juries will issue a report and uppe youre familiar with that and the other months of investigation, a federal prosecutor can say we have a proposed indictment and read the language and go through it with you. But that is well down the road. Megyn what takes it to the level. Up until now, there have been reports at that senator menendez allegedly made use of, frequented, solicited the services of prostitutes in the Dominican Republic, something he absolutely denies, and then but then they said that his friend, dr. Mel gen had hooked him up with the alleged prostitutes, but a separate business whether he was using senatorial powers in a way theres the operahthalmologist and because the friend did him favors from, i dont know whether the prostitute things shakes out or not, but donations and other cases. Youre making a great point which is that very often an investigation starts looking at one thing and then once youre on a government radar screen, megyn, all of a sudden, Something Else may come across the screen. Now, interestingly from a pr standpoint, the senator seems to be, at least initially latching on to sort of an interesti interesting the prostitution thing has no validly and objective records seem to confirm that and therefore neither does the other one. One does not flow from the other and in point of fact, this does seem to be some indication that the senator, a, was involved in some type of rule, regulation that could potentially benefit this individual and b, that that individual himself was under scrutiny for billing practices with medicare and government billing. Megyn and this is video of the fbi raid on the doctors offices back in january. Yes. Megyn and thats got a lot of peoples attention because hes such good friends with senator menendez and then some reporters started to dig deeper and the miami herald has been doing work on this and Washington Post started to say what is the connection between the two men and turns out the senator has done a lot of pushing for legislation that would help the good doctor here and the questions then became why is he doing that . And whether there was anything improper. I want to ask you this, former federal prosecutor. Right. Megyn what are the odds that the feds give two nickels about dr. Melgen . Is that the kind of witness theyd sit down and say, let me tell you mr. Ophthalmologist and wanted to become a high roller in the Dominican Republic. Were not concerned about you, but if we have a u. S. Senator, they look for the big fish. Do they try to flip him . What do they do . The reality its like a continuum across the board. So many senators anytime Public Officials spend weekend at somebodys expensive home, meals, gifts in kind, and then the point is, once they then take some action on that persons behalf, then you clearly have an ethical problem. Whether its a crime, you know. Megyn how do you get to that point, doug . A lot of the senators have friends. What if senator menendez is good friends with the doctor and he has a nice pad in the Dominican Republic and admitted he flew down in the Corporate Jet and should have reported that and made good on it once he got caught. How do you draw the lines, were friends and do nice things for each other versus hes buying my behavior as a u. S. Senator. Im going to break it down into three examples. Example one is the person in florida hosts him for a weekend, take him out to dinner and the senator does nothing. And the example two, hosts and has dinner and makes a phone call on his behalf using the weight and clout of being a senator, just to throw in a call. Example three, maybe make it four. He tries to pass legislation, and number four, a wire if you pass legislation to help me across the board. Megyn and the senator did introduce legislation or take some official action on behalf of this man that would help this man, but theres a question whether there was a quid pro quo there and he says there were many reasons for doing it, it wasnt just to help the friend. The senator says every day, nothing, but an elaborate campaign orchestrated by republican political operatives and claim that the Office Welcomes any review because his actions have always been appropriate. Doug burns, we shall see. Thank you. My pleasure. Megyn a little background on the senator, since 2006 he was a senators and a member of the house before that. And before that, two years in new jerseys state senate and mayor of union city, new jersey for a time. Well, just a few months into her husbands second term and rumors are swirling, again, that first lady, Michelle Obama could follow in Hillary Clintons footsteps. And may be getting ready to run for Public Office on her own. Well look at those claims right after the break. And a widow sues her church for refusing to install her husbands nascar inspired headstone. They say it doesnt fit the decorum of the cemetery. Once you pay for your own plot, who has the ultimate say . They took his money. Thats coming up in kellys court. And republican senator ted cruz coming under fire for the Heated Exchange with democrat Dianne Feinstein over gun control. Was he out of line . We debate, you decide. And protection against searches and seizure could only apply to the following specified individuals and not to the individual that congress has deemed outside the protection. Senator ive been on this committee for 20 years. [ male announcer ] start with an all new Award Winning car. Good. 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Well, just three months into her husbands second term and rumors are swirling about First Lady Michelle Obamas plans after the white house. It comes in the vogue cover story the recent in high profile coverage for the first lady and even talk of a hillarymichelle ticket in 2013. Hillarymichelle has been trending on twitter. While the first lady shrugs off the rumors, there are others who maintain she would make an excellent white house candidate or candidate for the Illinois Senate. The same job her husband once held. Doug schoen is a democratic pollster and Fox News Contributor now. You worked for the clintons. I did. Megyn hillary is the front runner on the democratic side with respect to joe biden and in the polls and some are saying that the dream ticket for the democrats would be clintonobama, but not the guys. Well, it certainly would be a good ticket. I think more likely, megyn, is that Michelle Obama, given that shes now and will probably continue to lead the Illinois Senate polls against mark hurk will get pressure to jump in the senate race and i dont preclude anything. Megyn really . Really. Megyn why . She seems to be thriving in her role as first lady. What has she done to suggest that she has political aspirations of her own. She hasnt done anything. If i was advising her id tell her to keep it at that. With the Obesity Initiative and pro family agenda and all around role of loving spouse and mother, shes in great shape, if not the most popular person of america. Megyn i think the same Approval Rating of Hillary Clinton. 61 which is very high. Extremely high. Megyn but it changes once you put yourself out there and start running for office. Yes, and thats exactly where i would draw on my own experience. Hillary clinton had, as has now been public, private meetings in the white house as she planned her transition from first lady to senate candidate. And i would tell you that, megyn, Michelle Obama, if she wants to run, the best thing she can do is deny it up until the end, meet privately with supporters, and then as late as possible, turn her attention to illinois and she will be, i suspect, leading the polls with no shortage of fundraisers. Megyn really . Yeah. Megyn what about the vicepreside vicepresident sy though . Thats more intriguing, the vicepresident who versus the senator from illinois is. She doesnt have any political experience although shes been in the white house for what will have been two terms by the time she comes out. I mean, thats kind ever like Hillary Clinton. She was always sort of a successful lawyer, as was Michelle Obama and she had not been a politician in her own right before she ran for senator of new york. The operative word like Hillary Clinton. Which makes it less likely. I think that Hillary Clinton would look at Michelle Obama has a great asset running in illinois, but not necessarily she would want to team up with. Megyn why not . Similar backgrounds and tag her with the record of obama and now starting to slide in the polls, i think shes going to want to maintain the independence. Megyn there are bumper stickers reading firstfirst lady tickets and it would be two former first ladies running for the white house. I dont minimize the potential appeal that kind of a ticket might have. Megyn and dont forget the appeal of two former president s as the first guys. Well, thats, thats probably the equal of two former first ladies. Megyn how is that dynamic where you know the clintons, how does that dynamic work if bill clinton were the first guy, the first dude as sarah palin calls todd palin, and the first gentlemen. And barack obama goes as the first man in the white house and Ribbon Cutting ceremonies. The idea of bill clinton moving back into the white house and the he president moving to the naval be observatory. Megyn can you imagine how confusing for the secret service, wait, which one do i have the president. Which president , the former president and then the other former president , do i have the current president , it would be a disaster. And i think theres enough confusion and doubt and uncertainty that were more likely to get hillary running and i think she will, but i think theres a reasonable chance michelle runs in illinois hoping that in four years if hillary doesnt win or if hillary were a oneterm president that she might be able to take the step youre now decribing. Megyn the reasons that people are starting to buzz about this again because shes been so visible so far in the second term. I mean, with vogue and the late night appearances and so much more of the first lady than we saw, really, in the first term. Whatever she does, she has an extraordinary appeal, extraordinary popularity and i think it would be a mistake to rule anything out. Megyn wow. Time will tell. Time will tell. Megyn all right. Doug, thank you. A Fiery Exchange offer the constitution and gun rights getting a lot of attention on capitol hill. Did texas senator ted cruz go too far in confronting Dianne Feinstein over the Second Amendment yesterday . And helping to free an american pastor from a notoriously brutal prison in iran. And once again theyve jailed an american believing hes preaching against their tenets. And some accuse the Obama Administration of not doing enough. And in effect leaving him behind. They keep saying, does daddy not love us anymore . Does daddy not want to hear our voice anymore . And i have to tell them that he was in prison because he loves jesus and that he loves them very much. My mother made the best toffee in the world. Its delicious. So now weve turned her toffee into a business. 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Oh, why didnt you just say that . Huh what is he doing . And i think the state departments refusal to appear before this committee today is extremely troubling and frankly offensive. The failure to appear today and to testify, frankly, is inexcusable. Weve had some dialog with the state department over the last several months and ill be honest mr. Chairman the lack of concern, the lack of engagement has been problematic in regards to pastor abideedinabedini. Hes a United States citizen and hes us, our state department is not here for him. Megyn and of course you recognize that man, many of you. That was jay sekulow for the American Center for law and justice and a frequent guest on this show. Today, he took the state department to task about an american pastor who is being held prisoner in iran. Jay sekulow and his group are trying to help the family of saeed abedini, the husband and father of two now faces an eightyear sentence in one of irans most notorious prisons for practicing christianity and there are hopes todays hearings will help put pressure on the government to do more to free this american citizen. Molly henneberg live in washington with more. That pressure may be working. Although state Department Official showed up today for the human rights hearing on capitol hill, the top u. S. Diplomate may be getting involved. Fox news has learned that secretary of state john kerry is supposed to be talking today with the g. O. P. Leader of the hearing, virginia congressman frank wolf to discuss abedini, a naturallized u. S. Citizen and christian pastor facing eight years in iranian prison. And he has learned that the top official on u. S. Religious freedom will meet with his wife. He had been working setting up an orphanage in iran and arrested last year. Now she says hes being beaten in prison because he wont renounce christianity. And she had to explain why their dad wasnt doing skype computer chats with them from iran anymore. Does daddy not love us anymore . Does daddy not want to hear our voice anymore . And i have to tell them, that he was in prison because he loves jesus. And that he moves them very much. An attorney for the abedini family says a state Department Official told the wife just yesterday as he she was about to fly to d. C. For the hearing that she was partially at fault for the u. S. Government not getting involved. Moments before her flight and said youve never asked us for help. Youve never asked us for help. Your attorneys may have communicated and you may have been on the phone calls, even, but youve never asked us for help. As you can see they knew this hearing was about to happen and theyre trying to cover their tracks. Reporter the state department has said on the record previously, including just last week, that abedini quote, should be released immediately and the u. S. Is deeply concerned that the iranians have not yet granted access to him. Megyn. Megyn molly henneberg, thank you. Well, a grieving indiana widow is suing a church for refusing to install her late husbands headstone. Why . Well, because its got a reference to nascar, to the Indianapolis Colts and a couple of other things that he really loved while he was alive. Is that legal . Can the cemetery do this to you . We take up the case in kellys court. Plus, republican senator ted cruz getting attention for his exchange with democratic senator Dianne Feinstein. Was he patronizing her . Well debate it next. Im not a 6th grader. Senator, ive been on this committee for 20 years. Ive studied the constitution myself, i am reasonably welleducated and i thank you for the lecture. President obama is about to speak at a Green Energy Event in illinois. Hes at the Argone National Laboratories outside of chicago where hes pushing for the creation of an Energy Security trust fund that he says would be focused on getting america off oil. If you would like to watch the remarks, you can go to foxnews. Com where the event is streaming live. Well, lots of attention for a story we brought to you yesterday on this broadcast. Texas republican ted cruz and california democrat Dianne Feinstein, two senators had a Tense Exchange about gun control and the Second Amendment. When mr. Cruz challenged mrs. Feinstein over how congress can limit rights upped the Second Amendment, asking hype highly if she thought it was okay to limit rights under the First Amendment or the Fourth Amendment, free speech and search and seizure, here is some of that exchange. This does not prohibit, you use the word prohibit, it exempts 2,271 weapons. Isnt that enough for the people in the United States . Ms. Chairman. Do they need a bazooka . Do they need other highpowered weapons that military people use to kill in close combat . I dont think so, so i come from a different place than you do. I respect your views. I ask you to respect my views. Nobody doubts her sincerity over passion and yet at the same time i would note that she chose not to answer the question that i asked, which is in her judgment would it be consistent with the constitution for congress to specify which books are permitted and which books are not. The answer is obvious, no. Megyn well, some critics slammed senator cruz for being rude. Others thought he had a point. Here is radio host mark levin, the Washington Posts Charles Krauthammer and starting this exchange off or this sound bite montage is senator fieinstein not long after that exchange. Well, i just felt patronized. I felt he was somewhat arrogant about it. I thought cruz was also the manner in which he asked it, i think it appeared a little bit offensive. I dont think that cruz helped himself, but on the general argument feinsteins, even though it won in committee is going to lose. The idea that professional Public Officials, career senators, albeit temporary, that is they may have a career in the senate, but they wont be there forever, the idea that they can fundamentally alter the bill of rights is unacceptable to those of us, you, who understand what it mea means. Megyn well, did senator cruz go over the line . Turning now for a fair and balanced debate. Ben ferguson of the icon Radio Network and host of the ben ferguson show and simon rosenburg, founder of a think tank and form Clinton Campaign advisor. Wow, has this gotten a lot of pickup, pow, a lot of focus on something that, i mean, i think we all agree right now has no chance of passing. And yet, it brings up a lot of dynamics that weve seen in the gun control debate and are people being respectful of one anothers views, is one side trying to alter our fundamental constitutional rights. Your reaction to it, ben. Well, i think the Biggest Issue that ted was bringing up, the senator was saying, look, who are you to decide what gun i can and cannot have based on you basically saying i know theres a bill of rights, but as one senator think all of these guns on my specialist are inappropriate for you. He she said, do you think you should be able to have a bazooka, Dianne Feinstein should no that its alrey illegal to own a bazooka in america. And who are you to decide which guns im to own because the constitution says you as a person should not go out and give your special Dianne Feinstein list, she put them on the pegboards in washington d. C. , here ever the ones you shouldnt be able to have. Megyn before i get to simon, ben, do you think he was rude . No, i dont. I think its time we have people who are blunt in front of washington and blunt in front of the cameras and why not be blunt to one another and get something done. Megyn simon same question for you and give you some color from, you know, a right wing critic who says she doesnt think, ann coulter, she doesnt think it was being rude and she actually thinks that we need our politicians, especially female politicians to toughen up, go in there and dont say he was patronizing and rude, go in and say im a u. S. Senator, i can handle it. I think that anyone who knows Dianne Feinstein knows she can handle herself. And i think what shes saying, theres a tradition of decorum in the senate, the way that senators talk to each other historically in settings like this tends to be a level of bipartisanship and friendliness that is an old tradition and i think that there was a sense that this rookie senator from texas kind of violated the rules, the unwritten rules of the senate yesterday by the way that he challenged, you know, the chairman of the committee. I think on the other issue of the argument itself, and im not a lawyer and you are, megyn, you know that the role of congress is to interpret the constitution as things change over time, with the constitution is over 200 years old. It wasnt perfect. In fact, weve amended it, made changes to it. And congresss jobs is to apply those principles to new and changing circumstances. Clearly, i think its within the rights of congress to be able to determine what types of arms are able to be born by the American People and carried by the American People and certainly, weve done it before as was said, bazookas were not legal and the speech here is what i want to get to. And ive said this publicly because i dont give my political opinions, but i give my legal opinions because thats an area in which i have some expertise and i said this on oreilly, ben, there is no question that congress has the right to limit our Second Amendment rights to some extent. Now, to what extent theres a question about, but the Supreme Court of the United States held recently, and this is from heller, like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. So why was senator cruz going after her on whether one can limit . Why wasnt he talking about whether its smart to limit or should limit has been decided . Because Dianne Feinstein doesnt want to debate or discussion about the limits. Shes come out with her law which says everything will be perfect and some of the weapons which logically doesnt make sense. And if you challenge him she says youre a gun crazy rookie cocky freshman and how dare you come in with all of her seniority to question her authority. And my point is this, i had a gun put to my head, this is a personal issue for me, the gun bought illegally, used to shoot at me from five feet away was not on the list of special weapons. So i would say to Dianne Feinstein you might want to add one. The problem is where do you stop adding and thats why the list doesnt work and thats why asking her, cant one senator go out and decide what guns are perfect and what guns are inappropriate to decide in society as she has done it, and he was challenging her on that and he should be doing that. Megyn is it one senator . Thats how we started the segment, simon. It doesnt take one senator, it takes 51 senators and then a majority of the house and the president in order to pass a law where elected representatives would say these are the the guns we think you can have and cant have and thats something for history doing in done in 1994, the n. R. A. Never challenged the constitutionality of that law. Well, megyn, i think part of what were seeing there really hasnt been a debate about gun violence in the u. S. In a long time and i think some of the arguments the gun rights advocates are using arent very good ones, frankly, because they havent been challenged in a public setting. I think the argument that senator cruz made yesterday was a little silly. And i think the other argument that gun rights advocates how weve developed a culture of violence in the United States is equally silly. Crime is half of what it was, Violent Crime is half of what it was 20 years ago. Weve seen a plummeting of Violent Crime in the United States. The only measure of Violent Crime thats gone up in any way is the number of people shot who have been going to hospitals, which is an indication that guns are theres too many guns so im going to finish, ben. Megyn okay, ill give it to you, ben, next. I think the point is their arguments are stale and theyve got to do a better job. Megyn go ahead. I dont think our arguments are stale because 50 of the gun crimes committed last year unfortunately in the country there was a gun involved were suicides and that number has skyrocketed so you have to look alt the actual context of the number and not paint with a broad brush. That somehow guns are making this world a horrible, terrible place. You have to pass sensible laws that deal with Mental Health issues, that deal with criminals, that deal with black market guns like the one used against me. But the core of what bothers me the most is you had a senator asking about the constitutionality of an issue and he brought up a comparison with books, and they said it has no place in washington. Well, theres no place in washington for this, where can you debate the constitution of the country. Megyn before we go. When she said to him, thank you for the lecture, wasnt, and reminded me he of the geraldine, george w. Bush moment. Remember the debate they he were both vicepresident ial candidates and she said Something Like i dont have to be lectured to you. And it worked because waste sowaste he was sort of talking down to her, he was older than she was and she stood up. And this one Dianne Feinstein is the senior one and ted cruz is the junior one and maybe should have played the senior stateswoman, all right, moving on. Simon . Happy friday, megyn. Looking forward to the weekend. Thanks for having me on today. Megyn all right, guys, thanks for being here. Okay. Thanks for having us. Megyn coming up next, an indiana woman is suing a church over its refusal to install her late husbands nascarinspired headstone. Whats so wrong with this. Thats next. Oh this is lame, investors could lose tens of thousands of dollars on their 401 k to hidden fees. Is that what youre looking for, like a hidden fee in your giant mom bag . Maybe i have them. Oh thats right i dont because i rolled my account over to etrade where. Woah. Okay. They dont have hidden fees. Hey fern. The junkrawer . Why would they. Is that my gerbil . You said he moved to a tiny farm. Thats it, im running away. No, no you cant come [ male announcer ] etrade. Less for us. More for you. Kellys court is back in session. On the docket today. A widow in indiana is suing a Catholic Church over its refusal to allow her late husbands nascarinspired headstone. Shannon carr says she spent 9600 on the black granite stone. Its shaped like a couch and features images of things her husband loved, a deer, a dog, collar logos of nascar and the Indianapolis Colts, but the church says, no way. So, does she have a case . Joining me now, keith sullivan, and mercedes colwin, an analyst. And i earlier said that the church took the money, but that wasnt true. She paid that 9600 to the company that makes the headstones and did the church ever say she could she could place it here . Did she ever rely on anything the church said or did, mercedes . You hit it right on the head. Thats exactly what shes going to say. Wait a minute, you didnt tell me i couldnt use this particular tombstone, now that ive purchased it and spent a fortune, a lot of money for a headstone, about four times what it usually costs, now youre telling me i cant do it where are the rules and regulations and dimensions. The church will say we told you this. Where is it in writing. When you purchase the plot you have with the church, there are spes if ications and they dont have it there, the church will lose. Megyn whats the objection . Theres no writing or document that says she could put that highly objectionable tombstone in the cemetery. It comes down to two simple words, congress and contracts. Lets start with contracts, when you obtain and you pay for a cemetery plot, thats a contract. And youre bound by the rules and regulations of the cemetery. In this particular situation, it was very specific, what the size, what the type was, what could and could not be placed on the tombstone itself and the church made it very clear to her. Granted like mercedes pointed out, she was a grieving widow and issues and maybe documented. Megyn they didnt put anything in writing. Nothing in writing at the time she bought that headstone. Theres nothing in writing. And lets look at congress, the constitution says congress cannot establish nor prohibit the free exercise of religion. If a state judge instructs this Catholic Church to accept this cemetery plot, this tombstone theyre in essence carving out exceptions to, and dictating the rules and regulations of the cemetery, its a clear violation. Its nothing to do with religion. The fact theres a headstone, nothing to do with the practice of religion. We know what the constitution says, were all lawyers on the panel. Theres nothing to do with whether the headstone can be on or not. It boils down to what was in the contract. Not what was said. When there is he a contract pen to paper and people agree on terms and that holds here, theres nothing in there specifically. By the churchs own admission he we told her. You know why . And do you know how old he was . He was almost 32 years of age. This is a shock, he died in a headon collision and youre talking to the grieving widow, this is not someone lamenting a loved one thats going to die. This is a total shock. Megyn thats why people are saying the church isnt showing compassion. Theyre saying the church isnt showing compassion to the widow and shes acknowledging the things he loved. We saw the picture of the dog, the colts, the nascar logo, but the church apparently feels, keith, that this is, you know, these are secular messages its going in a Catholic Cemetery and they say theyve had the same policies in place even in writing or not since 1907. Absolutely. And whats going to happen next . Its a slippery slope. A person who loves Starbucks Coffee or tea, should it be a banner or billboard for starbucks. Megyn what about a guy who loved hooters . Better example. Megyn just saying. I love that one, judge, adopt your example. The Catholics Church is saying when everybody got outraged when he they found out pope francis are antiabortion, there are rules for the Catholic Church and following them for centuries. And maybe the rules require a certain standard of headstone in a Catholic Cemetery they say the woman should have understood before she went out and spent 10 grand. And the i know the argument, but thats boring, go ahead, mercedes. Shes going to turn around and say would i have spent almost 10,000 on a headstone if someone said i couldnt do that. Megyn they said they did. They said she submitted the plan to them and when they saw it, thats not going to fly, a different headstone. Keith final word. They told her weeks before she laid out the money. But its a contractual issue and shouldnt be there. Megyn and look into before you drop ten grand on a headstone. And yesterday, the prank with jeff gordon. Wait until you hear the truth. The Catholic Church making history in choosing the first pope from latin america, that man former Cardinal Jorge bergoglio from argentina made history by becoming pope francis, the first time anyone in the papacy has chosen the name of st. Francis of assisi. Amy kellogg is live in rome. Reporter hi, one of the francisc franciscan friares i met said perhaps there hasnt been a francis because the world wasnt ready for one. Theyre excited about the new pope and think hes going to rock the world and change the way people think. Now, st. Francis, whom this pope is named off, lived in the 13th century, he was called even a playboy or a 13th century version of one. He was born to a rich merchant family, therefore he could afford to live the dream life, but had a dream to led to his conversion, become a champion of the poor and shunned wealth and possession and embraced lepers and loved nature and rebuilt the church physically and spiritually. People in the assisi are of the belief that pope francis may move people in a way that st. Francis did nine centuries ago. I think the Church Message is to give us an alert. There are many poor people that are dying that cant live a life, a decent life. So the pope, i think, will give us this message so that the rich and the poor and so, i think this is a clear message that i hope that the people will accept from the pope. Reporter now, the pope has said to his countrymen already, megyn, that instead of spending lots of money on pilgrimage tours to assisi, he wants them to spend their pesos on the poor at home. Megyn amy kellogg. Thank you. Well be right back. Sure does wow. Its the honey, it makes it taste so. Well, would you look at the time. Whats the rush . Be happy. Be healthy. [ angry gibberish ] [ justin ] mulligan sir. Mulligan. Take a mulligan. I took something for my sinuses, but i still have this cough. [ male announcer ] truth is, a lot of sinus products dont treat cough. They dont . [ male announcer ] nope, but alka seltzer plus severe sinus does it treats your worst sinus symptoms, plus that annoying cough. [ angry gibberish ] [ fake coughs ] y that was my fault sir. [ male announcer ] alka seltzer plus severe sinus