0 that have brought a lawsuit as well. we can't allege retaliation in each one of these. we'll see if the defense holds up in court. gentlemen, thank you. >> you bet. one year to the day since president obama was sworn in for his second term. the real clear politics polls show the ratings have been on a steady downward slide. a total swing of 20 points in the last 12 months. look at that, the red is the disapproval, the white is the approval. you can see they're going in the wrong direction for the president currently. ed henry is live in the snow at the white house. ed? >> megyn dedicated to you and your viewers. the poll numbers come down because i spoke to rob portman today, he said it's because of health care, the president's signature domestic achievement has broken promises on that issue that really brought those numbers down in the last couple months, the pushback from the white house tonight. i spoke to him in one of the president's senior advisers, look, they believe they're going to turn health care, more and more young people will start signing up in the months ahead. they're not there yet obviously, that is their hope. the problem for the president is one year ago today, he spoke a lot about a very aggressive progressive agenda. not just on health care, but on a grand bargain budget deal. on climate change, on immigration reform, and he basically has gotten no major victories on those issues, in part because he's been pinned down on implementing health care. that's why when i spoke to joe today, he said this is why the state of the union address is so critical next week. the president has one final chance to grab the nation's attention. get his agenda on other issues because he becomes a lame duck. >> thank you. one week from tonight we will be covering the state of the union address. president obama promised last year he would work with lawmakers on a number of issues. he's sounding a different sort of message in recent days. >> where congress isn't acting, i'll act on my own. >> we are not just going to be waiting for legislation in order to make sure we're providing americans the kind of help they need. one of the things that i'm going to be talking to my cabinet about, is how do we use all the tools available to us, not just legislation. i've got a pen and i've got a phone. and i can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward. >> in the meantime, i'm directing my administration to move forward where we can on our own. i'm also going to act on my own if congress is deadlocked. i have a pen to take executive action. >> brit hummes our senior political analyst. he has a pen and a phone. >> well, maybe -- well, he does have a pen and a phone, and the most potent news of the pen is a veto. he doesn't have to worry about vetoing much of anything. any legislation that he might dislike won't get through the senate, so he's rarely had to worry about vetoing anything. as for what he can do with the pen to sign executive orders, there's some things he can do. they're not very big or he already would have done them. that's the issue here. he does have a telephone, he can call people up, he can stage events at the white house and rally his base, you should never understatement his ability to do that. best i've ever seen. but that only goes sofar. >> there he goes on the phone. >> all presidents can do that. i don't mean to be little it, about it can only go so far. >> what does it tell you that he's now at the point of, you know, i've got a pen and a phone and i'm going to act on my own. >> it's about all he's got left. he's basically been politically, in terms of legislation and major initiatives, frozen since the republicans got control of the house in 2010. and the republicans who came in, not to mention those who were already there are not at all sympathetic to his agenda, in order for him to get anything through the congress that he wants, he has to make the kind of concessions he's so far been unwilling to make. for example, he would like to see an increase -- i mean, a continuation of these unemployment benefits. that have been on an emergency basis for some time. he could get that, but he would have to pay for it, that is to say, he would have to find savings in other parts of the budget. he's unwilling to do that. he can't really get anything done, he's not willing to give up enough for better or worse to do it. that's the kind of horse trading you want to do. otherwise you're stuck with a pen and a telephone. >> they're beautiful pens, we see them when he signs bills into law. he has tried to do certain things because he believes there's an obstructionist congress. in his defense, they say this congress is the least productive ever. and the one before that was just as unproductive. he says he has to do something. he did things like appoint guys to the nlrb without congressional approval, on what he said were recesses and the courts have said, no, theyen with the and so on. do you see this next -- the remainder of his presidency as being mired in court proceedings as we've seen in the past year? >> there will be more of this. as you pointed out, those mlrb appointments and a bunch of others that he made during the -- and a bunch of other things that were done during that senate appointment -- the supposed recess, which i think the supreme court is going to find was not a recess at all. the senate is the body that gets to decide when it's in recess, that's all going to be struck down. when the deployments are struck down, all kinds of actions that were taken with those appointees will fall with them, so this is an example of the limits you find when you're using your pen to order things or get things done. it's one thing he can do that's worth noting, it appears he's going to make some appointments to the u.s. court of appeals here in washington, because the senate has decided they're not going to permit any more filibusters on such nominees. >> and they review a lot of what he does. >> a number of regulatory agencies, and it will mean he will have a better chance of having regulations that he signs with his pen or that are signed in the agencies that he presides over, to stand if that -- if he can fill that court -- fill out that court in the way he wants. >> i too have a pen and a phone. see you, got too go. extreme weather alert tonight on the monster snowstorm making it a dangerous night for tens of millions of americans right now. a powerful system is dumping up to a foot of snow over a thousand mile stretch. the i-95 corridor is getting hit especially hard. thousands of flights were cancelled today, hundreds are grounded for tomorrow. and the worst may be yet to come. we begin with our meteorologist with a look at the forecast for the rest of the night. >> 25it's going to get worse because the winds are going to pick up. already an historic storm. look at philadelphia, 11 inches for philadelphia. that is the greatest snowfall they have received for february 1st. little yardley pa 11.5. central park 7.6. we're going to see more snow throughout the evening. the gusty winds are going to kick in, the storm is strengthening off the coast as you see. seeing heavy snow around long island, new york. 14 inches unofficially there as well. up toward connecticut, rhode island and coastal massachusetts under a blizzard warning. and can you see those wind gusts, 20, 30 miles per hour already. and this storm really hasn't even gotten wound up yet off the coast, but there's our official snow totals for new york city 10 to 14. some areas i think we could see two feet of snow. this is quite an impressive event. and something we were sort of caught offguard for sure, us forecast forecasters. >> we will see you soon. thank you very much. on to todd in new york, where the governor has declared a state of emergency. todd? >> he sure has. the winds have arrived, it is frigid out here, there are sheets of ice blowing in my face. i'm standing along the west side highway, the road between new york and new jersey. and every few moments there are convoys, convoys of snow plows. i have to tell you, it's been a very difficult task. just a few moments ago i saw someone using skis cross country skis down the middle of the street. driving, getting around here, new york city very treacherous. by the way, man's best friend? this right here, a snow shovel, very good for clearing sidewalks and it's also good, just in case you run into a mugger. >> get to work. thanks. also breaking tonight, a kelly file exclusive, new fallout after an influential leader currently serving in the senate. a ventriloquist can always find a good dummy. and the extreme right wing down here in south carolina finds a black guy to be senator and claims he's the first black senator since reconstruction, and then he goes to washington, d.c., and articulates the agenda of the tea party. now, in the kelly file exclusive, senator scott is here to respond. good of you to be here, i want to tell you the naacp has responded to us in part on these comments, just tonight before we came to air, ien watt to read knew part how they have responded. there is no apology, i'll start with that. they say, speaking of dr. martin luther king, he emphasized love and justice rather than extremism, unless we stand for justice, we cannot claim allegiance to or pay homage to dr. king, period. in a state such as south carolina, politicians, whether they be black or white should not be echoing the position of the far right, there you have it, you should not be echoing that position, and the naacp has pronounced it as such. your thoughts? >> pretty remarkable, and absolutely ridiculous. here's what we should be thinking about, megyn. think about the fact that since the last five and a half years we've seen 7 million more americans fall into poverty, as they're looking forward to an opportunity. we're hearing baseless rhetoric about the same old things have not worked so far. for him to attack me, it's as if you have conservative principles, ideas that actually work. it hasn't taken those who are living in poverty out of it. as you walk-through the restaurants, drive the local bus, we find people strapped. stuck in poverty. >> they said that's the fault of the far right, and that's why they're going after you. and with the name calling that you're a dummy, you're a ventriloquist dummy, because you believe in the conservative position. >> i did almost -- i certainly understand why people would have some kind of opinion that suggests we're not as strong on the right. here's what happens when you almost flunk out of high school. you find a mentor that teaches you can think your way out of poverty. the best and brightest opportunities aren't found by looking for the government to bring it to you, but it's found by looking in the mirror and blaming yourself if you don't succeed. if you've been given the god given talents and skills to work -- and if you do so, this country rewards you with amazing opportunity, outstanding success, and what we should be preaching all over the country. we should be preaching the fact that in this country, conservatism free markets, capitalism produces greater success 37. >> why do you think -- the naacp seems to stand up for the rights of african-americans, but only liberal ones. >> that's the key. we're not talking any longer about standing up for the rights of a racial minority, we're now talking about finding a way to have a conversation about philosophical bigotry, this is a brand spankin' new day, there's a major threat coming from the right. it's not moving further to the right, it's actually having a conversation where we embrace people who are in need and in trouble. and we show people, as i was shown, the path forward using basic common sense principles that govern the actual economy. and that's where you create a job, make a profit, you can use that profit to create wealth, these are basic simple principles that are taught every single day in the workforce. >> we haven't seen any apology. senator scott, thanks for being here. >> absolutely, yes, ma'am. >> also tonight -- dramatic new developments in the massive credit card ripoff at target. wait until you hear what officials southerned when they busted two people at the mexican border. glenn beck has a message for andrew cuomo after the governor suggested conservatives are not welcome in new york state. low prices,