here on illegal student visas. so far, none have turned up on any terror watch list but we are told the feds are still checking the bag grounds on some of these people. they come from places like syria and the far east, thanks to what the agents say, were two women willing to make a buck for opening a book dar into this country. trace gallagher is in the newsroom, what's the deal with this one? >> reporter: it is a big deal, this is called the florida language institute, basically what they do is help international students learn english. the school enrolls about 200 students per year but here's the key, only ten of those 200 students are actually attending class, the rest, nobody knows where they go and what they do. it's just a scam, the feds say, to get these students into the united states, give them student visas. so far 81 of the foreign nationals have been arrested, dozens of different countries, you mentioned, syria, turkey, colombia, thailand, none of them on the watch list or terror connections, megyn, but that's in the early going, because they have just begun this investigation of these 81 in customer devment they're just now getting to the point of checking them out. this is very important, because remember, on 9/11, hani hanjor, one of the hijackers came into this country on a student visa and was supposed to be learning english in california, he never went to that school, so the experts say this reveals a big flaw in our post-9/11 security. listen. >> in a post september 11th world, programs that enroll foreign national students must be legitimate, we are bringing criminal charges against the folks who ran the school and made a profit by in effect selling student visas, no questions asked. >> reporter: the no questions asked, selling of the visas, they made a hefty profit, $2.4 million over the past couple of years. a couple of florida women are in custody, charged with, and i'm quoting, conspiring to commit an offense against the united states, as well as falsifying documents. again, post 9/11 law says if you run one of these schools and someone does not attend your class, you have to let the police, the authorities, know. that did not happen in this case. and it's important, because we've got hundreds of other students, mgin, you know, 200 per year at this school, they've got 81 in custody. that means over the past several years, there are hundreds of other students who have come into this country, have not gone to that school, had their student visas, and disappeared. megyn: trace gallagher is on if for us in the newsroom, thank you very much. holding a tissue and wiping tears from his eyes, a once-respected imam crying to a brooklyn judge he failed his community, his family, and his religion. thirty-eight-year-old ahmad afzali pleading guilty in connection to the failed new york city terror atok, afzali faces six months in jail for making false statements to the fbi and lying about whether he told a terror suspect that the feds were on his trail, afzali will serve his time and has agreed to deportation from the united states for life. investigators say afzali contacted and helped this man, najibullah zazi, a colorado airport driver who pleaded guilty last month to training with al-qaeda and planning an attack on the new york city subway system. we are founting down to a new health care reform deadline, we are now told march 18th is the magic day, president obama pushing the house to push its health care overhaul in the next couple of weeks. but our next guest says there is one key thing missing, and it may surprise you what it is, democratic congressman anthony weiner is my guest, he's from the great state of new york. thank you very much for joining us. >> another health care deadline. megyn: i thought this was going to get done in august, now we are in february. >> you and me both. megyn: you want him to include the public option. it's crazy talk, isn't it? aren't we way past that now? the democrats are looking to look at you like what are you complicating matters for? >> the house passed it, the president says he supports it. megyn: it's not on his revised plan. >> tom harkin said there are five senators for it. the only question is who we are sublimating this idea to, what votes have we gotten when we took up a public option. it's interesting, when you were at the white house forum on health care, every single member talked about choice, competition and lower cost. according to the cbo, public option saves about $110 billion t. provides more choice and even the components say it provides too much competition, yet it's not in there. i'd like it to be. i don't like the perfect be the enemy of the good. this health care idea debuted months and months ago but i think that now that we're in the final stretch if you're going to take something out it should be a compromise. megyn: the house passed the public option, it was a watered down version from the one you wanted, but the senate didn't and the reason they didn't, they didn't have the votes for it. >> hold on a second. in fairness, if you look at what's going on in the senate now, that's when we were looking at 60 votes, reconciliation is majority rule. under majority rule, we have it in the senate. i had an op-ed in the politico, let's put this to the vote. so many americans are animated on this issue. you and i have talked about it. it's like who shot j.r., we found out at end who did the crime. who eliminated the public option and can someone point to a vote. mig it was the sister. >> we were dating each other >> we barely remember this. it's all a blur. that's my original question. people listening to this are probably saying what are you talking about, nancy pelosi is trying to get votes together in the house just to get it through as it, there are questions in the senate about whether they can get it through with 51 votes. if you -- >> we passed it in the house because the public option was in. you forget there are many who said we want additional choice. megyn: but the political climate has changed, as you know people are talking about virginia and massachusetts and new jersey. >> hold on a second. the powb lick option is something that does -- let's keep an eye on the substance here, politics will take care of itself. cbo says it saves $110 billion, we know it provides additional choice, we it's popular. in the "washington post" poll when you describe it the way it should be which is a program like medicare for people trying to get new nrns, it's 70 percent popularity. so the only question the senate says it doesn't have the votes, the president said it at the meeting yesterday, well, i don't know, maybe we should let the senate decide that. tom harkin said there are 55 votes in the senate, we need 51. let's put it to a vote. before we jettison this, let's figure out why. megyn: the argument against public option is they don't actually think it will increase competition, they think it's going to be tipping the scales because the government will be behind this one insurer, if you will, the public insurance option, and then private insurance companies can't compete, which will basically lead to more and more people being forced on to the public option. >> i tell you who's going to make that digs, the people who are getting to choose, consumers, are going to make that decision. they may be right, maybe health insurance companies can't compete or can't bring their costs or can't provide the quality that a government could. but isn't that about choice? that's not for you and me to decide. the consumer decides. this is only for the people that don't have insurance, so that's a relatively small number of people who are even going to have the eligibility for the public option. megyn: and the other issues -- >> there are a lot of people that get the public option now, it's called the united states house of representatives members and senators who have medicare, that's the public option they get. all i'm saying is let the small number of americans who are going to be getting this subsidy choose a lower cost option. if they are too dumb to figure out that they don't want the public option, i don't think that's the place, though, i believe we should give consumers that choice. the people against it say don't give consumers that choice, they say choose wrong. i trust them. megyn: that's a sweet note to end on. you say in your op-ed i may be tilting at wind mills. with you being quiks otic? >> the public option has been left for dead, maybe a half dozen times in this process and every time the american people who look at it say you know what, we want that choice and it keeps doing back -- coming back and the reason is outside the beltway, people are not in love with the health insurance industry, they're not trying to protect it so much. i want competition, they don't. that's why we disagree, and tilt the windmill, i may not look like much, maybe i can win this fight. >> nancy pelosi careful you an a for effort when it came to running as speaker for the house. give yourself an a. >> i want to get results, though. thank you for having me back. megyn: always pleasure. congressman anthony weiner of new york. we're having pictures come in from maryland, where emergency teams have shut down a highway as a gas main is burning out of control. i can't quite see that. we can see the emergency vehicles on the scene. trace gallagher is talking with our news desk about what exactly these pictures show us. what do we know? >> reporter: these are amazing pictures. you can't see it because they're showing the fire trucks there but boy, a 6-inch gas line was ruptured when a car went through some construction. this is the new tape we're talking about here, ruptured this line. it's still burning. they'll pan live to it eventually. the car went through the construction, ran into this line and the line ruptured, now you have hazardous materials teams on here, this is in montgomery maryland, kind of between baltimore more and d.c., the pictures coming from wttg our fox affiliate out of d.c. this is route 29 in phil burr springs, maryland. it is shut down in both directions. there was one person in that car. he got out. and it's fill burning. we go back to the live pictures, this is live, it's burning there and you have the hazmat teams on the scene right there. man oh man, this thing has been burning 15, 20 minutes, it's a natural gas line, about 6 inches, the car is apparently going through the construction zone, so he got out alive but he's in a whole bunch of trouble, megyn. megyn: look at that charred roadside. trace is watching it for you, thank you very much. the white house is reportedly about to make a 180-degree turn on the 9/11 terror trials. the new plan says no, holding the trial to trial in new york and no to using civilian courts. in three minutes, we'll show you what's the new idea involved. plus we'll show what you a man with a videocamera managed to record when he found himself right in the path of a killer wave. and not really clear on how bad this thing was going to be. that's next. megyn: dramatic new video just into fox news today showing the moment that the earthquake-fueled tsunami hit off the coast of chile. watch this. wow. a local chilean news station getting its hands on amateur video. it was taken by a group of men who were in the coastal town of eloka. at first you see a ship in the distance, then it's almost thrown into the air as the wave passes by. seconds later the cameraman seems to realize just what's going on. watch it. >> [speaking in native tongue] >> megyn: screaming, panicked, as the amateur cameraman begins to run for higher ground, running and panting, trying to get away from the wall of water as anyone would. at one point he pauses and a steady stream of water and debris can be seen following them up the street. we understand that many locals only survived because they climbed up to the nearest hilltop. watch this for a second. all right. or not. well, fox news alert, i'm told, we've got new pictures comes in from maryland where emergency teams have shut down this highway as a gas main burns out of control. trace, now what have we learned? >> reporter: in maryland, the gas company is on the way because this thing is not going to be put out until the gas company arrives on scene. this was a car accident, for those joining us, a 6-inch gas main, this was a construction zone, the car apparently went through, crashed into this gas main, there you see the explosion, live pictures, from our fox affiliate, wttg down there, in d.c. this has shut down route 29 in silver springs. there was one person inside that car, was taken out, transported to a hospital, but again, the road, megyn, shut down in both directions, route 29 there, hazmat teams on the scene, no other injuries reported so far. but the fire trucks and first responders, trying to get a handle on this. the gas company is now on the way. updates as we get them in. megyn: as far as you know, trace, the thing exploded? >> the car hit it. the car hit the gas line, somehow went through this construction. you see on the top of the screen, left, that's the car and it apparently went out of car or off and it struck this gas line. the gas line was probably revealed because there's construction in the area. megyn: so i see. >> so that's what happened, as it hit the gas line, it exploded and there's no way to get this thing out unless they shut the gas off and fix the gas line. that's why the -- what the gas company is enroute to do but we're told that the person drying -- driving the car is being taken to a hospital. megyn: that's bad luck. trace gallagher, thank you. new jobs are out and it's a mixed bag. employers cut another 36,000 jobs from their payrolls last month, but the overall unemployment rate is holding steady. it's still high but it's holding steady, it's not going up, 9.7%. are things improving, or aren't they? james rosen is live in our d.c. bureau. all right, put the numbers in perspective for us. >> reporter: the picture, as you said, megyn, remains decidedly mixed, different sectors fare differently. let's dive into the numbers. the construction industry lost 64,000 jobs, that compares to an average of 40,000 jobs lost over each of the three preceding months so that's getting worse in the construction industry, yet the leisure and hospitality industry which includes hotels and resorts posted a net gain positive, 7000 jobs. more broadly, the ranks of the long term unemployed, this means people who have been out of work six months or more, dropped by about 200,000, from 6.3 million to 6.1 million. that would appear to be good news. until you realize that the underemployment rate, this refers to people who have given up looking for work, as well as those who are working part-time but want to work full-time, well, that figure rose 3/10 of a percentage point. lastly, the average work week shrank in america from 33.9 hours to 33.8 hours. those last two data points tend to show more people are giving up looking for work, more people are having trouble expanding from part-time to full-time work and more people are in fact having their work weeks trimmed. if the average work week had cent up instead of down, even when the overall jobless rate held even it might have portended employers have inching towards hiring again but that's what we see. megyn: what about the politics surrounding the figures, how is the obama administration portraying these numbers, because there was an expectation about these numbers earlier this week. >> that's true. leading analysts forecast greater job louses, they were expecting 50,000 jobs to be lost, president obama was touring a software firm in northern virginia today, you said that this is signs of stabilization, but it's still not tolerable. the senate majority leader harry reid, speaking on the senate floor today, had a different view, he said today is a big day in america, quote, only 36,000 people lost their jobs today, which is really good, unquote. again, the senate majority leader talking about the expectations there. but of course, republicans taking a much different view of it, they said if you eliminate the census hiring that's been going on over the last month, it would be 50,000 jobs lost. megyn: that's temporary jobs, the census hiring. james rosen, thank you very much. >> all right. megyn: by the way, you -- i just want to tell you, i'm excited to share with you at the top of the next hour -- in the heks hour, don imus is going to be here and you are going to enjoy this! also, there's this, troubling new details are emerging this afternoon about the man who opened fire on pentagon police. did you match this last night? breaking news here? we have now learned about this guy's past and plus how the police officers he shot are doing today. and danger on the tracks when a man falls, oh, my goodness, a man falls, a train, seconds away from hitting him. how he managed to survive. you've got to see this tape. >> we didn't have the time tong, we just did what we had to do. >> i wasn't even thinking about it, i wasn't scared. i just wanted to help him, save his life. that was my biggest thing. not long ago, this man had limited mobility. last month, this woman wasn't even able to get around inside of her own home. they chose mobility. and they chose the scooter store! if you or a loved one live with limited mobility call the scooter store! no other company will work harder to make you mobile or do more to guarantee your complete satisfaction. if we pre-qualify you for a new power chair or scooter and your claim isn't approved, the scooter store will give you your power chair or scooter free. that's our guarantee. they were so helpful and nice. they filed all the paperwork, and medicare and my insurance covered the cost. we can work directly with medicare or with your insurance company. we can even help with financing. if there's a way, we'll find it! so don't wait any longer, call the scooter store today. for the white house on the 9/11 terror trials. word today that the administration is now on the verge of reversing itself when it comes to trying 9/11 mastermind khalid shaikh mohammed in a federal court in new york city. the now plan? fox news washington managing editor and vice president of news, billoins me with more on that. the new plan is said to be let's try him not just outside of new york city but in a military commission, bill, which would be a 180-degree reversal from the current plan. >> it's uniony, it'so funny, it's been like an incremental series of reversals. we started out, close gitmo, the next thing was no more military commissions, we're going to try these guys in civilian courts, then the final thing was we're going to new york city, and if you look at it, all of those things are starting to become undone. first they pulled back from new york city, maybe that wasn't such a great idea, now they're pulling away from the idea of even having a civilian trial and instead going back to military tribunals. finally, and this is still in the offing, you may see them saying look, we're actually going to hold this at gitmo, which would of course mean we're not closing gitmo. megyn: that would be a huge -- the folks on the left would be really upset because this is one of the first things that he did was to order gitmo closed and one of the main objections they had to the bush administration polities was what was going on down at gitmo. bill, is this all political? i mean, i have yet to hear sort of the legal justifications, at least in the administration's words, for pulling it out of federal court. i mean, is this all political? >> well, a certain amount of it is political. the president himself has acknowledged that he's in the wrong side of public opinion polling. when eric holder, the attorney general, announced this was going to go to civilian trials and go new york city, all the polls showed that that was wildly unpopular, so he's pulling back from that, but also, the president, you picked up on something very important, he's not only preparing the public for this reversal, but he's gauging the outrage of the left, and how bad it's going to be. and i think he's in for a real walloping there. the aclu put out a blistering statement today that said if he goes through with this reversal, this will be a death blow to the obama justice department. they have spoken very strong terms. so i think the left will be outraged, and so politically, it's going to cost him. megyn: they said, i have the statement here, it's regrettable, he's under political pressure, it will strike a blow to american values and rule of law, it will undermine america's credibility, strike a death blow to his own justice department, not to mention american values, he will betray his promise to restore the rule of law. the aclu has made it clear they're not happy with the pending reversal. bill, from all we're hearing, it doesn't matter -- matter, the president is prepared to reverse on this decision because the administration does not seem prepared to go forward with federal court trials at least in new york city and now we're hearing it's all going to go to the military commission. >> i think you're right, and then the question becomes what happens to eric holder. does eric holder get thrown under the bus the way that greg craig, the white house counsel, got thrown under the bus for urging the president to announce in the first place that he would close gitmo within a year. remember when it became evident to the president that he wouldn't be able to live up to that promise, they needed a escapegoat and so greg craig was ousted from his position as white house counsel. now you got to wonder whether eric holder may face the same fate. megyn: is it realistic to put this on arabic holder? i -- eric holder? i know the administration is saying he was behind this decision but most lawyers who have worked in the department of justice will tell you a decision like this comes from the top, it comes from the commander in chief, it doesn't come from the attorney general. >> you're absolutely right, but you know what, you live by the sword and die by the sword. when obama announced this, first of all, i agree, he is the employer of eric holder and i never bought the fiction that the white house put out that oh, this was eric holder act be on his own. so you're going to have that when you make the announcement you can't turn around afterwards and keep the guy on. you know, i think you have to -- >> megyn: got to be consistent. >> exactly. megyn: bill salmon, thank you so much. >> thanks megyn. megyn: if you missed any part of our interview, see it it all on our website, fox foxnews.com/america live. we're going to have behind the scenes features, videos, they shot one of me with yourlers in my -- occurlers in my hair. is anyone interested in seeing that? it doesn't just look like this when i wake up, you won't be surprised to learn. democrats are in the green swamp, now political observers are saying it looks like more of them ended up jumping into the swamp. three minutes arrest, what this might mean for the mid-term elections. jeremy rear is up for oscar as best actor, but our next guest says that that is just one more sign that the oscars are one big hit exercise in sexism. sexism, i say! grab the popcorn for a most-see oscar segment, next. megyn: it's 1:32 in the east and gregg jarrett has some of the top stories we're watching for you. >> reporter: we begin with good news, the ships trapped in heavy ice off the coast of sweden are freed. they are back in port. ice breakers from sweden and finland helped in the rescue of more than 1000 ferry passengers. a somali -- paul and rachel chandler were captured off the east coast last october. a navy seal accused of hurting an al-qaeda terrorist, dan burton has called for the charges to be dropped. >> i joined the navy, not really knowing what to do, and within the first couple of years, i realized that i wanted to really protect the country the best i could, and i knew the best way to do that was to become a navy seal. >> reporter: coming up in the next hour on "america live", the entire interview with matthew mccain. burton calls him a hero, i think most americans regard all of these guys as heroes, and they're outraged they are facing court marshal charges for such things as punching a renowned terrorist in the stomach. megyn: i'll it will you what, at the top of our next hour, we'll have a guest who is not so outraged and is going to defend the prosecution of these seals. >> they've got 160,000 signatures on the petition to dropst t. >> that's a lot. gregg jarrett, thank you, buddy. outside of the nation's military headquarters, did you see this, my blackberry was alerting, shooting at the pentagon. you think pentagon, what? now we're learning disturbing new details about the man who died after a shootout with the pb police. it now appears the gunman, identified as john patrick bedell, drove straight from california to virginia to carry out the attack after posting angry antigovernment rants on the internet. caroline shively is live at the pentagon. caroline, the shooter is dead. where does the investigation stand? >> well, the investigation is getting tricky, of course, because he was shot in the head last night, john bedell was, unable to speak after that, and died a couple hours later, of course. now the fbi has been brought in. one of the things they're going is combing through some of the disturbing internet postings to try and find out whether j. patrick bedell is the sail man who tried to shoot up the pentagon last night, those postings got increasingly disturbing over the years, they showed someone who had a grudge against the military, who had a grudge against the government, who thought 9/11 might be a conspiracy. he also talked about a suicide cover yowp of a marine colonel. a very disturbing post from this person that they believe is the shooter from last night. no confirmation from the fbi of that. we do know john bedell had a run-in in california four years ago with police out there, he was arrested for growing pot and resisting arrest at that time. there are also piecing through the crime scene now, they're going through, finding all of the guns he had, all of the ammo. he had two, 9-millimeter semiautomatic weapons, only to get one out to shoot at officers but had plenty of magazines in the suit he was wearing. they found his car a couple blocks away, even more ammunition in there, megyn. megyn: justs you are speaking, there is an alert from the ap, saying that the parents of this shooter warned authorities that their son was upset and might have a gun, that he was upset and might have a gun. we don't know exactly what authorities were warned or when that warning came, but that is new information just now crossing the wires. in the meantime, caroline, how are the officers who were shot doing? >> doing amazingly well, megyn. they are at home recovering. this john bedell was just 5 feet away, he shot at them just 5 feet away but was only able to graze them. one officer was hit in the thigh, the other officer was hit in the shoulder. we know their names, jeffrey amos and marvin caraway, they shot back, a third officer as well, they were able to hit him in the head and neutralize him, to use the pentagon officer's words police chief said ever since four-months ago, he knew he needed to step up training and it worked. listen to the chief. >> all you know the active shooter issues we've had in the country over the last several months have brought a lot of focus on this in every police department, local, state and federal. we're no exception. we serve a very large population, the fort hood incident put us on notice that it could happen at a military reservation, we took the appropriate actions, trained our officers and it worked. >> and amos has spoken to the a.p. earlier, he said, quote, i just thank the lord he shielded me when all of this took place. megyn. megyn: caroline shively, thank you. four years ago, democrats promised to rid capitol hill of the republicans', quote, culture of corruption, but these days, a handful of democrats are facing some ethics problems of their own. the most recent? out of new york. involving congressman charlie rangel and eric massa and governor david paterson. so will this be a problem for the democrats in the mid-term elections as it was for the republicans back in 2006? >> jonah goldberg is editor at large for the national review and fox news contributor and dan gerstein is communications director for senator joe lieberman. good afternoon, panel. this was huge in the 2006 elections and really hurt the republicans going into those elections. it was when democrats seized control of the house. might we see that haunt the democrats this time around, jonah? >> it certainly seems possible. you have this narrative, and i don't think -- it's not necessarily corruption, per se, but i -- they think hurts the democrats the most. it is this sense that they get to live by a different set of rules than everybody else, and that goes back to tim geithner not having to pay his tax, tom daschle having tax problems, electricity but the scandal problems with blagojevich, and now rangel, who was on the tax committee, and that list in this populous environment, if it continues through election day it could be deadly for the democrats, particularly if they don't get anything done. megyn: does the democratic party look like a bunch of hypocrites, given their campaign on cleaning up the culture of corruption? >> absolutely. the scandals are different in time but the cumulative impact will be to show that nothing has changed in washington, and i think that's why it will be damaging. in a vacuum, they would be hurtful but not in the same way of the culture of corruption campaigning was but the challenge was they campaigned we're going to do things differently, change washington, particularly on the back of what president obama campaigned on and now for democrats to say we're doing the same thing, same series of scandals, it's just at the worst possible time, reinforcing public cynicism about government, which is at real tipping points right now. megyn: how much will it play in, jonah, that nancy palestinian pell's reaction to all of this, because we saw her on an interview earlier this week saying about charlie rangel, well, it's not good, but he didn't jeopardize national security and then when she was asked about eric massa, a democratic here in new york in trouble for sexual harassment after -- of a male aide, is is her response to those early reports. >> i asked my staff if there had been rumors about any of this before, there had been a rumor, but just a three-person rumor that had been reported, to mr. hoyer's roif that had been reported to my staff, which they did not report to me, because you know what, this is rumor city. every single day, there are rumors. i have a job to do. megyn: i mean, does that suggest that she's not taking things seriously enough, or does she make a fair point? >> well, she might have a fair point but i think she also just seems terribly out of touch with her own caucus and we're seeing that as much on the straight political side, where she keeps promising that she has the votes and she may not have the votes for health care and that's the largest context that makes it a lot like 2006. george bush was suffering terribly, the republicans were suffering terribly in 2006 because of this narrative that we were fighting a far we didn't need to fight and fighting it badly really took hold as the backdrop against the corruption scandals. you have now in obama's first year in concentrating, incredibly hard on a stimulus package that seems more about rewarding the old bulls in congress and the two do list that had nothing to do with creating jobs and health care which seems to have nothing with creating jobs, all the while -- which the american people, that's what they care about is job creation. all the while you have the corruption scandals. it seems like they're really out of touch and corrupt, which is a toxic brew. megyn: dan, look at a picture of some of these democrats who have ethics problems recently, you got rangel, massa, governor paterson of new york, obviously, blagojevich, spitzer, sure enough, edwards who according to the national enquirer which has been on top of this story is about to be indicted. on the other hand, dan, can the republicans throw any stones? look at their glass houses. you got governor sanford, ensign, mark foley, that was a while bg -- a while ago but still, tom delay. are they in a position to make an issue out of this? >> not really. what this whole spade of scandals shows is that this is a washington problem, not a democratic problem or republican problem. there is self-interest, arrogance, and corruption on both sides, and to jonah's point about being out of touch, i think this is what killed the republicans, they had different priorities for the rest of the country and now it's killing the democrats. why it's particularly harmful now is because the country is in an incredibly angry mood, it's a volatile electorate, and here you have speaker pelosi promising to run the most ethical house in the history of the country, and then turning around, it's the same exact thing that happened the -- in the last four years. that hypocrisy is toxic, and what was bothering to me about what she said about charlie rangel, it shows that if it's one of our own, we protect them, if it's on the other side, we attack them. the public is sick of that partisan first attitude. megyn: when i take a look at the screens you put up, all the republicans and the, it completely explains things like a 17 percent congressional approval rating. thank you for youro for your insight, thanks. a bit of surprised medical research today saying germs don't just make you sick, they may also make you fat. but hold on, there is good news for those who want to lose some of that extra weight. and george clooney is up for best actor on sunday night. but our next guest says that award shows the kind of sexism the oscars should dump. the envelope, please? she's with us, three minutes away. megyn: are the academy awards sexist? ahead of hollywood's biggest night, some argue yes indeed they are. their beef? they say it is not fair to segregate the acting nominations by sex. is it time for a gender-neutral academy awards? research scholar at the center for study of women at ucla, she believes they are sexist. kim, thank you very much for being here. how are the academy awards sexist? >> as you know, they've been giving the different academy awards to men and women since 1929, and i believe that it is sexist and i think to understand that, if you think about if they were giving different awards than that to black actors and white actors, it becomes much clearer. the academy would be labeled racist, and they'd be forced to let the black actors compete directly with the white actors and i think it's the same issue for men and women. mig but isn't dividing it into best actor and best actress a recognition of the different qualities that are necessary to bring to a role? in other words, you know, women play women for a reason, men play men for a reason. it's the same as sort of dividing between best actor and best supporting actor, it's just different things are required for the role, and then the academy recognizes those things. >> i think in some categories, that does make sense, where there are biological differences that give men or women an advantage, for example, in the olympics, it would make sense to have a men's ice hockey team, for example, and a women's ice hockey team because men's greater strength and side and speed would give them an advantage, but in terms of acting, the awards should be to the person who portrays the role in the best way, and there's no difference between men and women and who portrays their role in the best way. megyn: but they . >> it's certainly not going to happen by sunday night but weeching watchings, thank you. >> okay, thank you. megyn: what do you folks think? huh? does she raise a point? they don't have a best director and best directress! let me know. even his enemies call him one of the smartest political strategists of our time and now karl rove has a new book out and he is naming some names in there and getting a lot of headlines in doing it. that's three minutes away. and brandy cofferan, she says the told pretty much told her not to come on down. the firing, the lawsuit and the kelly's court debate, just ahead. megyn: well, they call him the architect, fox news contributor and political mastermind karl rove, and he has a new book out, it is called "courage and consequence" and it turns out mr. rove makes a bit of news in his publication. shannon bream has it, she's read it, and she's going to tell us what the news is. in particular, shannon, he writes about an uncomfortable moment he had with then-senator obama. >> he does. he talks about the fact that when the audacity of hope came out he found out he was in the book and apparently president obama had quoted him as being one of a number of people who said something to the effect of we are a christian nation. rove said he finds that offensive and he knows lots of people who think the same way, we're jews, muslims, many things. so he actually ran into senator obama and had a confrontation with him writing that in the book and said i need to tell you where it's from and it de involved into page 515 of the book, at this point obama recalled that my names was mentioned in the book but protested i incorrectably described the text. i couldn't resist, i pulled the copy from my jacket. he looked surprised and began insisted he wasn't quoting me as saying that, after a few moments the conversation drew forran unsavvy conclusion. he was unwilling to apologize. he said things that are not congratulatory about the president since he assumed the presidency. megyn: he apparently does express some regrets about things that happened during the bush administration. >> he does. one of the main points was hurricane katrina. he said we remember that air force one flew over but didn't get on the ground right away. this is what he says, we shouldn't have dropped into new orleans because it would have been disruptive but we should have gone to baton rouge. i'm one of the people responsible for this relief -- for this mistake. he went on to say even a bigger mistake with katrina was the fact the federal government didn't simply take over, there was so much haggling with the mayor, the governor, senator landrieu, that he felt like they should have taken the bull by the horns, taken the heat later for you suring local officials, he said that would have been a better way to go in katrina. mig sounds interesting, shannon bream, thank you very much. they put their lives on the line to defend our freedom and our country and now three navy seals face charges in connection with the arrest of one of iraqness most wanted terrorist. one of those seals talks with us in a fox news exclusive. just ahead. and the one, the only, don imus, burning up the air waves when i asked him this morning about some of the hottest issues of the day. imus, blunt, bold, and uncensored, coming up next. >> here you are -- >> you want to hear my impression of it? >> i'm megyn kel yes, i'm hot, you're not. chloe is 9 months old. she is the greatest thing ever. one little smile, one little laugh. honey bunny. [ babbles ] [ laughs ] we would do anything for her. my name is kim bryant and my husband and i made a will on legalzoom. it was really easy to do. [ spits ] [ both laugh ] [ robert ] we created legal zoom to help you take care of the ones you love. go to legalzoom.com today and complete your will in minutes. at legalzoom.com we put the law on your side. but we're also in the showing-kids- new-worlds business. and the startup-capital- for-barbers business. and the this-won't- hurt-a-bit business. because we don't just work here. we live here. these are our families. and our neighbors. and by changing lives we're in more than the energy business we're in the human energy business. chevron. i couldn't believe i was actually having a heart attack. i remember being at the hospital, thinking about my wife. i should have done more to take care of myself. now i'm exercising, watching my diet, and i trust my heart to lipitor. 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[ male announcer ] have a heart to heart with your doctor about your risk and about lipitor. megyn: a fox news alert. we begin with an about-face for the administration. fox news obtaining an internal email saying the attorneys for the 9/11 terror detainees must clear their visits with the general counsel. catherine herridge has this document. does this mean it's harder for attorneys to meet with their clients? what is the significance of this? >> reporter: i know through my contacts the lawyers from the 9/11 suspects had their visits blocked to meet with their clients at the military prison. i take a look at language it reads in part, gitmo was advised that your legal meetings with the 9/11 high-value detainees will not proceed without approval of defense department general counsel. your requests should be submitted in writing describing the reasons for the request. this is significant base it's a change in the strategy. after i made initial inquiryies those lawyers were allowed in to see their clients. megyn: first -- now they are going to be forced to go through the defense department to see their clients? is that the reversal? catherine herridge. the standard practice before was they would make arrangements with the joints task force in guantanamo. they have to arrange for a conference room to be set aside to meet with their clients and arrange their travel by a military flight. in the future they have some clear these trips with the dod general counsel house a political appointee. i was told by pentagon public affairs that i had the facts wrong. i said before we make that statement for the record, let's go over two points. purchase accusing military officers of lying. and number two, there is a paper trail and i have it. and there was a quick reversele and the attorneys were allowed in to see their clients. but more significantly there has never been an explanation as to why the defense department general counsel is inserting himself into this policy? was it by the defense department or were they directed to do so by the department of justice or by the white house. megyn: that is very interesting. sounds like good reporting. brand-new information on the pentagon shooter. according to the associated press. john patrick bedell's parents warned authorities that their son was upset and might have a gun. he shot two officers at the pentagon. he's seen here in a mugshot from a 2006 arrest for marijuana. he died from injuries sustained when officers returned fire. initiated by him during a shootout at a fall foilage train stop last night. police say he was heavily armed but they believe he was work alone and may have posted antigovernment writings on the internet. >> there is no indication at this point that there are any domestic or international terrorism nexus to this at all it appears to be a single individual that had issues. megyn: the two officers are out of the hospital. one of them says he is doing fine and credits god for helping shield him. yesterday we brought you the story of three navy seals facing court-martial. accuses -- one of them of roughing you have a terror suspect and all three of them accused of lying about it. that suspect was accused of one of the worse atrocities of the iraq war. the charred bodies of the workers were dragged through the street and hung from a bridge. one of the accused navy seals, petty officer matthew mccabe, they captured him and allegedly punched the guy and lied about it. this guy mccabe spoke with grif jenkins yesterday. >> how have you been in this whole process. >> i have been doing pretty good since the show support early on. it has been boosting my morale as well as the other two guys. we have been name there waiting for this to come to an end so we can move on with our lives. >> reporter: how old were you when you got into the seals. >> i'm almost 25. when i was 20 going through training. so i turned 21 halfway through training. >> reporter: you turned 21 going through the school which is understand is not the easiest accomplishment. >> i turned 21 going through the second phase, the diving phase. it's not the easiest thing but if you put your mind to it and set goals in life you can accomplish whatever you want. >> reporter: you chose your accomplishment to be a u.s. navy seal. why did you want to be a seal? >> i joined the navy not really tbheeg to do. within the first couple years i realized i wanted to protect the country the best i could. and i newt best way to do that was -- i you the best way to do that was to become a navy seal. >> reporter: you made it and not many people do. once you got out and you became part of the seal team as you did when you captured the alleged terrorist. if you could for the american people to understand, what are you asked to do as a navy seal? >> you are asked to go out and get the most dangerous terrorists on the planet. and so that's what we do. we go out and do that. and serve them justice. >> reporter: if you are cleared, if the charges are dropped as representatives burns and rohrbacher have asked the commanders to do or fit goes to trial and you are cleared of all wrongdoing, what do you want to do? >> continue to stay in the platoon i'm in right now and continue on deploy about a year from now and go from there. >> reporter: you have been out for half a year or more. you miss your unit, you miss your guys? >> i have been totally still in a platoon. most of the stuff i do is not local, like schools. but i still have been in a platoon. i haven't been away from my team. so i'm pretty caught up. report petty officer mccabe, thank you. we look forward to following the trial to see what comes of it. i think most americans would say thank you for choosing to serve our country. >> thank you very much. i appreciate everything and all the support everyone has shown. megyn: we have seen a lot of public support including 160,000 signatures that have been collected by lawmakers on capitol hill seeking to have hem exonerated. we brought you that story yesterday. today we'll be joined by a civil rights lawyer who thinks this prosecution is 100% justified. that's five minutes from now. the first of its kind warning for college students head off to spring break. we'll show you the one place authorities are telling people absolutely not to go. plus, don imus knows how to dish it out. but can he take it? can don imus take it? we'll answer that question. see how he handles himself when yours truly is around. speak of you causing trouble and your name at msnbc. do you feel like you have gotten past that? >> right up until now, yes. water vegetables need. so, to turn those vegetables into campbell's condensed soup, we don't boil it down, our chefs just add less water from the start. ♪ so many, many reasons ♪ it's so m'm! m'm! good! ♪ a day on the days that you have arthritis pain, you could end up taking 4 times the number... of pills compared to aleve. choose aleve and you could start taking fewer pills. just 2 aleve have the strength... to relieve arthritis pain all day. i make my efforts count... so i switched to the freestyle promise® program... a unique program that gives me... the support i need, free. free ss to a certified diabetes educator... so i can ask about diet and the insulin i use. i got a free meter. and test stridiscounts. so i can spend more on what i really want. i count on the freestyle promise® program. make it count for you! only the freestyle program gives you discounts, support, and more. enroll today. i had a great time. me too. you know, i just got out of a bad relatio... it's okay. thanks. goodnight. goodnight. (door crashes in, alarm sounds) get out! (phone rings) hello? this is rick with broadview security. is everything all right? no, my ex-boyfriend just kicked in the front door. i'm sending help right now. thank you. (announcer) brink's home security is now broadview security. call now to install the standard system for just $99. the proven technology of a broadview security system delivers rapid response from highly-trained professionals, 24 hours a day. call now to get the $99 installation, plus a second keypad installed free. and, you could save up to 20% on your homeowner's insurance. call now-- and get the system installed for just $99. broadview security for your home or business - the next generation of brink's home security. call now. megyn: it's a right of passage for college students. spring break. one state is warning young people to keep the party in the good old usa. they are being told to stay out of mexico. saying border cities are far too dangerous. several universities issued similar warnings last year and last month the state department updated its travel alert to mexico because of violence that country particularly in the border towns. three navy seals are facing court-martial accused of roughing up an accused terrorist suspect. i talked to dan burton about the case. he wants the charges dismissed. the indiana republican says these navy seals should be celebrated as heros. >> these guys lay their lives on the line every day. many of them get killed or maimed. ey after a man who committed the crimes you just talked about. because they captured him and allegedly they hit him in the stomach and maybe slapped him in the face, they are being court-martialed. what kinds of a message does that send to our military personnel in the field. do they have to go out there with kid gloves when you talk about terrorists who cut off people's heads and hang their bodies from a bridge after they torture them? our next guest has a different view. john, thanks for being here. you know you are going to take the opposite view and you are probably going to make a lot of people upset judging from the emails we got yesterday. why should these trials go forward? >> this is a terribly sad case. you have men who have put their lives at risk. but at the moment this incident allegedly happened and we presume they are innocent until the time we know, at the time this happened they were not at risk. they should have known better, one of them punched and slapped him around. the head of the navy says his concern was what they did afterwards which was worse. which was they tried to intimidate a witness to lie or remain silent about what happened. megyn: the head of the navy is saying -- captain cleveland, major general cleveland is saying another serviceperson saw evidence of the assaulted and was the one to report it and they tried to influence his testimony. >> that's my understanding. that's probably the worst offense. cleveland says that. he says the punch or the slapping around was serious, but not as serious he thought as them lying in the investigation. and they were given an opportunity to accept an admonishment and they demand their day in court. if you consider the alternatives to not pressing charges -- and i'm work as a defense attorney these days. i'm a recovering federal prosecutor. if you take the position of congressman burton, what he's really saying is we should encourage every man and woman in the service to punch up people in custody and lie about it in an investigation. if he thought it through, i can't believe he would say that. megyn: you know that prosecutors have discretion. you look at all the facts surrounding a circumstance and you decide whether it's appropriate to proceed with discipline. these guys had just captured one of the worst terrorists we have seen. this guy was responsible -- he was the mastermind behind mutilating four american contractors and celebrating it in the streets. it was horrific. were our guys amped up in they probably were. why not say, you did the wrong thing, a in punching the guy if the that's what you did and b in lying about it to cover your neck. but why not say let's handle it internally. you are going to get a slap on the wrist and don't do that kind of thing again. >> i agree with you. i would have exercised the same discretion the service did. the navy offered them an admonishment and reassign i am. megyn: i understand that would have led to a dishonorable discharge or loss in benefits. they didn't want to take the hit. >> you do have to pay for what you do wrong. the worst thing they did wrong was trying to intimidate a fellow officer to tell a lie or remain silent. to coerce him. that many the worse offense to me. the prosecutor, if there is any possible kietion of this fellow, they compromised our image in that prosecution and our reputation for how we act opposed to the heinous offenses this guy committed. megyn: a punch? the stomach? >> a punch in the stomach? do you and i know what happened? megyn: that's according to the prosecutor. that's the worst that happened. best case scenario nothing happened and the guy lied about it. >> in my neighborhood in the south bronx if someone was holding somebody in custody and you punched them, you are a coward. i don't think our american servicemen and women do that kind of thing. we have collateral damage as it is. there should be no tolerance with this kind of conduct. megyn: are you okay with them being dishonorably discharged from the military after having captured this guy? he's 21 years old. he's out there in fallujah. >> it many sympathetic. megyn: dishonorably discharged? >> he chose -- he has chosen his medicine. the way they arranged the prosecutions he put himself at risk. they are going to trite other two who observed and did not restrain him from punching first in april. i suggest if the evidence is as they say it is, if they convict them, one or two or both of them will be testifying against mccabe in may and ail three of them will be face -- all three of them will be facing a terrible situation. they chose to go to trial. they did not have to go to trial. they have to take the medicine. if they are proven innocent we should reexamine the entire prosecution and maybe somebody else should be prosecuted. megyn: we'll watch it and see if the trial takes place at all. thank you for coming on and bringing the other side. having a fake license in a college town? not unheard of. how would you feel if the pilot your commercial jet had a fake pilot's license and never had a real one. the man, the media legend. i sit down with don imus to find out what makes him tick. his answers after this break. >> i like your show. my wife and i watch it. and i'm thinking, would you like to interview? i said fine. okay. because i like answering questions about me. ♪ eggland's best eggs. the best in nutrition... just got better. even better nutrition -- high in vitamins d, e, and b12. a good source of vitamin a and b2. plus omega 3's. and, 25% less saturated fat than ordinary eggs. but there's one important ingredient that hasn't changed: better taste. better taste. better taste. yum! [ female announcer ] eggland's best. better taste -- and now even better nutrition -- make the better egg. another heart attack could be lurking, waiting to strike. a heart attack caused by a clot, one that could be fatal. but plavix helps save lives. plavix, taken with other heart medicines, goes beyond what other heart medicines do alone, to provide greater protection against heart attack or stroke and even death, by helping to keep blood platelets from sticking together and forming clots. ask your doctor about plavix, protection that helps save lives. [ female announcer ] people with stomach ulcers or other conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines, including aspirin, may increase bleeding risk, so tell your doctor when planning surgery. certain genetic factors and some medicines, such as prilosec, may affect how plavix works. tell your doctor all the medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur. megyn: you heard of young people using a fake driver's license to get into a bar. how about a pilot being busted on a 737 accused of flying without a license for 13 years. according to a british report the swedish man was in the cockpit when the cops sweeped in. he was ready for takeoff with 101 passengers onboard. apparently this is not the guys first brush with the law. investigators in sweden charged him years ago with flying with a bogus license but they couldn't find him to make it arrest. for 40 years you have heard his voice on the radio. today i got the chance to sit down with the legendary don imus. his sharp tongue making him no stranger to controversy in this business. he is host of the don imus radio show that airs from 6:00 a.m. to 9:00 a.m. eastern time. how did he handle being in the hot seat. i asked him about everything from his departure from msnb dwrorks the trial of the 9/11 suspects. >> i don't think we need a trial. i'm for curbside justice. and that is, you get a van, you put a diehard battery tonight. you have all these people walking around. if you insist on having some sort of justice, you get the criminal, you have 12 people walking down the street. you see what they think, a thumbs up, thumbs down, then you hook him up to the diehard. the whole thing is insane. megyn: do you think it's a farce to have this trial, that any juror would rule khalid sheikh muhammad innocent? >> here is what we do on my hideous program. it's how i actually think. is there anything funny about any of this? so any story i look at. so the whole thing is a freak parade. our job is to monitor the freak parade. megyn: and mock it. >> sure. i think i'm going to talk with mcrb and i'm think -- i'm going to talk with megyn kelly. and i'm thinking great. i like your new show. my wife and i watch it. i'm usually on the treadmill. and i'm thinking -- tom said would you like to interview? i said fine. okay. because i like answering questions about me. megyn: you are at fox -- >> do you want my impression of you? i'm megyn kelly, i'm hot, you are not. you have a cute baby. we were talking before. people -- you and your husband even attractive parents could have a banjo-playing baby. megyn: sometimes they turn out to be beautiful people. >> name one. megyn: i want to know about you. you are at fox business in this fancy studio. this is a change for you. how do you like it? how do you like showing up here every day? >> i have been around a while. i have never been in an environment that is as much fun and as positive and it is at fox news. we don't have much to do -- we are doing a radio program, but i was a fan of fox news. some i like, and soy don't. but from the -- and some i don't. but from the sidewalk to any aspect of this fox building, i have never seen anything like it. i have never seen people more enthusiastic. people like we were at msnbc, which was a horror show. i'm not picking on them because they fired me. but there was so much anger and resentment and the hosts at one another. here you walk in and people are -- i mean, o'reilly, all of these folks, hannity. everybody roots for everybody else. megyn: that's true. >> it may be because you are all winning. if you suck and you were -- and nobody was watching you like msnbc, then maybe would be angry. but when we were at msnbc we beat everybody and they were still angry. it's a great environment to do what we do, comedy and funny stuff that we do. megyn: that was just a sample. we have more coming up immediately after this break. he's going to talk about this departure from msnbc and the remarks that led to his firing and at anchor controversy over at espn. you can telecast entire interview on our new show page. foxnews.com/mayor cow live. surf around a little. there are new details on a deadly bus crash on a busy interstate in arizona. what caused this bus to flip over and kill so many people. do you think that obesity is genetic? a new study could shed light on what is causing so many people to put on so much weight. can it help slim down america? and the price is wrong. a barker's beauty now suing the legendary game show. what producers allegedly said and did to this woman that has her fighting mad. it's up just a bit on the docket in today's "kelly's court." identity theft, one of the fastest growing crimes in america. even if you think you're doing everything right, and hiding that social security number, you must still give it to your employer, your doctor, your accountant, insurance, school. the list goes on and on. and the identity thieves know who you must give it to. that's who they target. if they can get your personal information... they can turn it into money. basically you're on your own. you really don't know where to turn. the bank can only, you know, make sure the credits go through. fifty-eight different individuals are using... my old social security number. but there is one place you can turn... for real protection and real peace of mind. lifelock. a member called in and i could tell... that it was going to be a serious conversation. there had been two mortgages taken out in his name. he didn't have the time or the money... to take care of this problem and lifelock did it for him. lifelock is proactive protection, working to help stop identity theft before it happens. lifelock's exclusive identity alert system... goes beyond just new credit, giving you much more than just credit monitoring. it's like having a digital fingerprint. if a new application doesn't match you, we send an alert and help fix it for you. stop worrying about what would happen if you were a victim. when you have lifelock, you never have to worry... about who will be there to help protect your identity. call now an put the most sophisticated... identity alert system to work for you, and enjoy knowing that you have the original... million dollar total service guarantee working for you. everyone should have identity theft protection. go with the industry leader. join lifelock and get alerts to important information, a one million dollar service guarantee... plus a team of identity theft protection specialists. enroll now and get ten percent off your enrollment... foyou and your entire family with today's special offer. call now and mention id alert. or visit lifelock.com. ♪ megyn: greg jarrett is here with me with a look at some of the top stories we are watching. >> reporter: we want to begin with that bus accidents. police say the deadly bus accident outside phoenix was caused by the driver clipping another vehicle then hitting the center divider. six people died when they were thrown from the bus as it flipped over. the tsa is installing full-body scanners in 10 more airports next week. and you will love this. scientists say obesity may be caused by the way your body processes germs. certain bacteria could play a big role in determining how your body stores food as extra pounds. megyn: what does that mean? >> reporter: it means right now in your stomach and intestines, 150 different see dt species of different bacteria. they isolated a bacteria that causes inflammation and it cause you to store weight. megyn: so if you are heavy, it's not your fault. >> reporter: it's not your fault when you eat 10 hamburgers. if they can isolate it and get rid of it with antibiotics -- i read this report 10 times. my eyes glades over. but they say -- my eyes glazed over, but they say they can do it. megyn: we promised you more of the i-man. here it is. my one-on-one with don imus, the host of imus in the morning. you lost the job at msnbc. do you feel you have gotten past that? right right up until now, yeah. i felt like -- megyn: i'm the first one to mention it? >> my view of all that was -- i thought what happened was about what should have happened. i didn't have complaints about that. so i knew what they felt. i had a responsibility not to say things about people and consider the consequences. so i went and apologized to them. and didn't appear on any other shows and make any excuses. so do i think they are going to buy it in yes? megyn: tony kornheiser made these comments about hannah storm. he talked about how the sauce sang was squeezing out of the sweater, she looked hideous, and now he's been suspended for two weeks. we have a lot of people writing in to husband, that's word police. are we at the point in america where you can't offer an opinion even if it's a negative opinion? >> about being suspended? megyn: it is overkill? are we at the point where you can't say anything unless it many complementary? -- complimentary? >> i think you have to be careful how you describe women if you are a man. and you have to be careful about ethnic humor. that's changed. but regarding -- i actually like hannah storm. megyn: do you like her outfits? >> they are fine. megyn: then he called himself a troll. >> it might have been an area i would have stayed out of. megyn: is there a double standard? you said you have to be careful what you say about women. do you think women have to be careful what they say about men? >> no. megyn: in the summers you help kids stricken with cancer and sudden infant death syndrome. when you are on the death bed is that your legacy? >> i don't know. i'm not thinking of dying. i wanted to do something more. you notice -- the thing i notice about kids with cancer, various other blood disorders, is how they lose their self-esteem and their confidence. they get treated horribly by their peers. i thought it would be great if we could put them in a situation in which i grew up and none of that mattered. it was -- we learn how to be a cowboy or cowgirl. you learn about discipline and respect. it's pretty hard-core. it's not a camp, it's a working cattle ranch. and literally we have had over 1,000 kids there now. and it literally changes their lives. megyn: you are back on the air, fox business, national broadcast, what's next for you? >> i'm a recovering alcoholic and drug addict. and usually when things are going great we find a way to screw it up. so what i plan to do is try to score some cocaine and -- and a carton of marlboros and call an escort service. megyn: don imus. the legendary, thank you. he was fun. and a very good sport. if you miss any of the don imus interview or any of our guests today you can log on to our new show page foxnews.com/america live, it will be posted there in its entirety and you will get a kick out of that. right now what's posted on there is what you just saw on this program. but there were some outtakes. i'll try to get those posted as well. speaking of stars here at fox. shep evidence smith is right here on the set with a look at what's coming up on studio b. >> a busy hour ahead including the recommendations from the white house about how to try some terror suspects. the original thinking was they be tried in american criminal courts. now there is a consideration to recommend military tribunals. two hours will be on to debate that. that will be our legal panel today. in addition there are new details emerging about the man in last night's pentagon shooting. two police officers were shot. the suspect shot and killed by police we are led to believe. the editor and columnist for the "times" will be on. and chris wallace will be in the studio. we'll be talking about what's next for healthcare legislation. whether going with an up or down vote and 51 to pass it. it can happen both in the senate and the house. that's ahead in the next hour on studio b. megyn: i'll be watching. she starred as one of bob barber's beauties. now a former "price is right" model is taking the show to court. why the producers are in trouble with this gal in "kelly's court" right after this break. xcxcñc÷c÷ xcxcñc÷c÷ mmmmmm. mmmmmm. mmmmmm. mmmmmm. wow! you have got to be kidding me. 80 calories? 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[ female announcer ] last year, the u.s. alone used over 39 billion plastic bottles of water. ♪ that's enough to stretch around the earth over 190 times. ♪ each brita filter can take up to 300 of those bottles out of the equation. it's a small step that can make a big difference. megyn: "kelly's court" is back in session. on the docket, one of barker's beauties suing "the price is right" pore pregnancy persecution claiming her pregnancy ended in a miscarriage due to stress as a result of tormenting by the producers. she says the harassment picked up right where it left off when she became pregnant again. she eventually delivered a healthy baby girl. but when she tried to come back from maternity leave she was told no way, sister. saying she had been removed from the show's web site and squeeze off the air. does she have a case? let's ask lee armstrong and julio morrow. >> are you discriminating against me based on the clothing i'm wearing? megyn: julia, randy cochran says "the price is right" is to blame for a lot. >> when you think about the price is right *, it's as american as apple pie, but it's a viper's nest on that set. these people are antipregnancy, antichild, antifamily. they are not afraid to show it. they openly and maliciously discriminate, harass and ridicule their pregnant employees and models who are mothers. and she has the proof to show it. within two months of her disclosing her pregnancy to them, her shifts are reduced, they are telling her she is fat. they are telling her her boobs are huge and they are not interested in what's going on with her. they are not congratulating her. she ultimately goes out with a difficult birth and one of her twins died inutero. it was a tragic situation for her. she wants to come back and they say no. megyn: lee, go ahead. >> what we have light now. -- what we have right now. a lawsuit is filled with things called allegations, not to be confused with things call fact.. facts are real. allegations not so much. he evaporate every day. what do we know for sure? the parade of horrible.are all in the complaints. does she know it's true? absolutely not. we know there was a model on "the price is right," she went out on pregnancy leave and at this point she doesn't work there anymore. "the price is right" has continued to employ pregnant women and even afterwards continue to employ. are there potential other reasons for this? performance problems? and it is related to the way she looks? that might be ugly. the issue might be ugly. but the fact of the matter is on -- under certain circumstances, i'll talk about this when i come back if you let me come back. under certain circumstances -- camera 3 -- under certain circumstances, discriminating based on looks and beauty is absolutely appropriate. megyn: julia, before i get you to respond to that. let me ask you, i now attacked your imaginarily client's claim. even if what she alleges in the complaint is true, i'm not sure she has a pregnancy discrimination claim. she says the executive producer didn't talk to me as much, and he didn't congratulate me. somebody else said you are serious about having twins? somebody saw me eating and said, do you ever stop? this isn't nice, but is it discrimination? >> that's an excellent point. there is a lot of drama in that complaint. i don't disagree with you there. under the antidiscrimination laws in california, one of the components of the discrimination is harassment. and that type of day in and day out -- megyn: is that harassment? >> is it harassment or pregnancy discrimination. >> that would not have sat well with me. that's not funny. there is nothing funny about it. >> in cases like this when employers have a bona fide occupational qualification. is there a good enough reason to show you want beautiful people. i don't know how this played out. it has nothing to do with being pregnant. she continued to work while pregnant. she did not come back. what does she look like now? i have no idea. over 30 years this show has been on. barker's beauties. his brand has been built. does it make sense to acquire these women to look a certain way. you have a woman who is -- here it comes -- 125-pound model. one of barker's beauties. goes away. something happens. comes back, she is a biscuit over 300 pounds. biscuit over 300 pounds. what is "the price is right" to do? here comes barker's beauties and out comes a biscuit over 300 pound. does she have guaranteed work rights regardless of what happens? >> here is the flaw in that hypoyou presented to me. being overweight is not a protected class. being pregnant is. under the antidiscrimination laws in california you cannot discriminate on the basis of pregnancy. does gaining weight go hand in hand with pregnancy? yes, it does. but pregnancy is temporary. this is "the price is right." it's not hooters. it's middle america, regular people watching this show. you would think they would be even deared to this woman who is this perfect beauty. there is no bona fide occupational qualification. that argument will be dead in the water. >> this is circular because that's assuming the discrimination is based on pregnancy. we don't know that. if it's based on pregnancy they will have a problem. but if you look at this brand and look at what's required it might make perfect sense -- a jury may say i get it. at some point this woman beat out another woman. why? she was better looking. it's based on looks. middle america is watching. i just ran the numbers. 96% of the audience men between the ages of 40-70. they are look for the girls. megyn: a pregnant woman is not so abhor end to men --. >> i think pregnant women are beautiful. that's not what we are talking about. megyn: lee, julia, thank you so much. this lawsuit is weak. they called her a wide load. it's not nice about it's not unlawful. this show has had a lot of legal problems. a lot of legal problems. other barker's beauties suing successfully. maybe between all that shell game action they can find time to squeeze in a little sensitivity training. fox news alert. what might be good news for general motors dealers, their employees and customers. the associated press reporting 600 dealerships slated to lose their franchise agreements have now been reinstated. they have been reinstated. when gm filed for bankruptcy it said it was dropping 2,000 dealers. 1,100 appealed. #ñ#ñ#ñ#ññññññ scott and i just returned from trying to do the lord's work in the state of satan and we're very happy to be back in arizona. i would like to -- i want to tell you i've got a new colleague in the senate, i've got a new colleague in the armed services committee. started asen enlisted man in the army, a member of the guard and lieutenant colonel in the national guard and a person who understands ... >> how about that for an image. senator scott brown hitting the campaign trail today for senator mccain. interesting to see scott brown out there with senator mccain. obviously the senator in the midst of it, senator mccain looking for help from a man who polls very highly and appears to have captured the attention of the american people. we'll be watching that event. meantime when the tea party event first got started, or the tea party you had small groups of people looking to make a difference. they were on the outside look in. but the grassroots movement caught on like wild fire. now we are seeing signs they could be mainstream. steve brown is in indiana where a tea party group has managed to got all five candidates to gather for a debate. what's the state party's reaction? >> well, it's basically a practical matter according to the chairman of the indiana state party. he says look at this. the filing deadline was february, the primary in early they have 60 days to get as many potential voters as possible. have a listen. >> this is part of our primary process. you have to try to get your message across in a short 60-day period to a lot of people including groups like these. >> reporter: republicans believe generally speaking tea partyers are their potential votes. megyn: so two of those senate candidates, former senator john coats and hoffstettler are often criticized by the tea party. not less, they show up today. >> reporter: the debate is tomorrow. but what is interesting how they oftentimes coats and who is stetler are not framed in pleasant terms. they consider them washington insiders. the organizers of this debate insist it's going to be a fair access, fair shot for all of them but we're told the 400 person capacity building behind me, they'll double that outside. this a huge event tomorrow. at least that's the way it's shaping up. >> steve, thank you. some toyota vehicles have devices similar to black boxes which could contain information about crashes blamed on unintended acceleration. a new investigation finds toyota may be blocking access to the boxes. we'll take a closer look at that.ss: y'kn stay with us. back in 1936 and now we're insuring over 18 million drivers. gecko: quite impressive, yeah. boss: come a long way, that's for sure. and so have you since you started working here way back when. gecko: ah, i still have nightmares. anncr: geico. 15 minutes could save you 15% or more on car insurance.