somewhat annon lous figure on the nation's high court, a jurist nominated by a republican who continued always to think of himself as a instruction construction -- strict constructionist but who found himself increasingly aligned in cases and rulings with the court's liberal block. asked about this stevens said i didn't move, the court moved around me. to succeed, they will likely give consideration to a number of individuals. let's look at four of them, elena kagan, dean of harvard law school, the group americans united for life says general kagan had criticized a ruling that restricted federal funds for family planning initiatives. diane wood presently sits on the seventh circuit of appeals, former clerk for harry blackman, the author of the majority opinion in roe v. wade. judge merrick garland who sits on the court court of appes for the district of columbia, a court that's seen alumni ascend to the nation's high court, he is set to be more controversial but has done work for dukakis and bill clinton. then there's janet napal tono, her performance homeland security secretary dug the aftermath of the christmas bombing plot could conceivably impact on whether she's selected this time around. there are others but of necessity, for the pups of live television, our short list is a little shorter than the president's. megyn: james, the ones you ticked off are generally not considered to be far left when it comes to their judicial philosophy or idealog, however, there's a possibility that president obama could nonetheless pick somebody who is far left. how much of a political battle can we expect now in the u.s. senate? >> reporter: it is well to bear in mind, megyn, the president is going to be looking to accomplish a number of other things in the senate this summer and this fall, not leet the ratification of the nuclear treaty he signed in prague just yesterday, but the lawmakers have limited cap -- capitolta to -- capital to spend. in the case of justice sonya sotomayor, nominated last may, senate republicans put up largely symbolic resistance, knowing from the outside as analysts believe that then-judge soto maiior possessed a solid record, and she would likely be confirmed so she was. it comes down to the nature of the nominee whose name we don't know yet and also the political capital in both the president and the members of the senate wish to expend on this. megyn: interesting, what a day in washington. justice john paul stevens announcing his retirement after nearly 40 years in the nation's high court. james rosen, thank you. air force one just returned to washington moments ago as the president comes home with a new treaty and a new policy for using nuclear weapons. a policy that restricts just when and where a nuclear response might be ordered. new polls just out from scott rasmussen showing 55 percent of americans disagree with the new policy, meaning the idea of limiting america's use of nuclear weapons, 25 percent say they support the policy, 20 percent, undecided. you can count former vice presidential candidate sarah palin along with those who do not like the plan for nukes, here's what she had to say about it on hannity the other night. >> unbelievable, unbelievable, no administration in america's history would i think have ever considered such a step that we just found out that president obama is supporting today. that's kind of like getting out there on the playground, a bunch of kids, ready to fight, and one of the kids saying go ahead, punch me in the face and i'm not going to retaliate. megyn: the president, firing back, when abc news asked him about palin's warning -- remarks, mr. obama taking a bit of a shot at the former alaska governor. take a listen. >> i really have no response to that. last i checked, sarah palin is not much of an expert on nuclear issues. if the secretary of defense and the chairman of the joint chiefs of staff are comfortable with it, i'm probably going to take my advice from them, not from sarah palin. megyn: ow! coming up our political panel will debate that smang and the policy that ignited it. meantime we are awaiting a key briefing at the state department, live look right there, in washington, nothing happening yet but it will be. we are awaiting for reaction on a very serious case after iran's dubious declaration on three americans that are being held in iran right now. tehran saying these three american hikers are spies for u.s. intel. they have been behind bars in solitary confinement since july, isolated from the outside world, not even granted access to an attorney. picture it, there was another prisoner from the same prison who said they are in a room, each separated, right, solitary, each one, in which they keep the light on, 24/7, they get to speak to no one, and it's been going on for eight month, all because they allegedly crossed over the border or did cross over the border from iraq to iran when they were hiking. now iran saying that they're spies for the u.s. government. the latest statement, of course, not good news for their families. we will speak with one of these men's family member just ahead here on "america live", less than ten minutes away. new details coming in right now on the alleged bullying of a 15-year-old massachusetts girl. you've heard about this case by now, phoebie prince, her harassment, that reportedly led her to actually commit suicide. court documents just released say that phoebie spoke to a school administrator about threats of physical violence just one week before her death. the documents also show that phoebie was even afraid to go to the bathroom at her south hadley high school, lest she be harassed or hurt, and that she would ask her friends to form a circle around in the halls just to provide a human shield against the harassment. six of phoebie's classmates are now facing a number of criminal charges in connection with her death, three more could also be charged, and some of these teens could face charges as adults. well, a 16-year-old boy is taking his mother to criminal court because she hacked into his facebook page. well, she says she didn't hack into it, he left it open on the computer and she looked at it, and then posted some comments, allegedly. well, he responded by filing a criminal complaint! and then the prosecutor agreed to file charges against the mom. saying she broke arkansas' harassment laws. the mom says she was just trying to stop her son's dangerous behavior. trace gallagher in the newsroom with more on this. this is the one that's caught the attention of many parents. >> reporter: she says she wasn't hacking, she was peaking but now we're getting brand new information about what exactly was posted and a source close to this case telling fox news the 16-year-old boy in question, he was posting derogatory and abusive things about his mom and in return, his mother, 42-year-old denise nu, was actually posting his bad behavior online, apparently that's what she got in trouble with police about. i want to point this out to you, put this up on the screen if i k. this is the complaint which by the way was handwritten by the 16-year-old boy, he says, i'm quoting, denise, his mom, first hacked my facebook and changed my password, she also changed the password to my e-mail so i could not change it, she posted things that involve slander and personal facts about my life. the mom comes back and says i was just being a parent, doing what's right for my son. listen to her. >> i was just trying to make him see the error of his way s, and you know, let him know that things that he posts on there have dire consequences, could, you know, affect his future. >> reporter: things that he pos have dire consequences that could affect his future, for instance, her son once posted that he drove 95 miles per hour once after an argument with his girlfriend. now, the mother, again, says she's exerting her par believe rights but the question here is does she have those rights because she doesn't have custody of the boy. she gave that custody up after a messy divorce and mental health problems. the boy now lives with his grandmother and you said at the top a lot of people are watching this to see how existing law will apply in this case, social networking sites, to see how it all is going to work out. it's very, very interesting, fascinating, the back and forth. she says, by the way, she hopes that they can one day resume a normal relationship. megyn: it could have much bigger imply indications -- implications because if a law comes out that a parent cannot go on to his or her child's facebook page that could have a major implication. she allegedly did more than that, she allegedly posted things, but even that, does that justify criminal charges? it could be a slippery slope. we'll have more on that in about one hour. we could see new developments in the faceoff between the president and sarah palin. and by if you clear, they are fighting over the new nuclear policy. sarah palin gives a key political speech in about 20 minutes, we'll bring you her remarks as the news happens and you will see it right here, so stay tuned for that. plus, do these guys look like spies to you? do they? these three? the islamic republic of iran says they are. and that they have been basically working with u.s. intel. they've been kept in solitary confinement since july in tehran. no attorney, no outside contact. we will be joined by the brother of one of these guys, moments from now. megyn: well, we are awaiting a speech now by sarah palin, former governor of alaska, set to appear at the southern republican leadership conference, delivering the keynote address at what is considered a conservative cattle call for the party's presidential nomination. we will bring you live to new orleans as soon as sarah palin takes to the mic. well, three american citizens, right now, are sitting in solitary confinement in an iranian prison. they had been there since july. and iran is now suggesting that they won't be getting out any time soon. accusing these three of spying for the u.s. government. a man who says he saw the american hikers in the jail last winter said he was deeply concerned about their mental well being. shane, sarah and josh have been isolated from the rest of the world for eight months now. they are not allowed to talk to their attorneys, they have not been allowed to have much contact with their families, they say they were just hiking in northern iraq when they accidently strayed across the border into iran. tehran claims they were working for u.s. intel. what do the family members say? alex fattal is josh's brother and joins me now. alex, thank you very much for being back here on "america live". >> thank you. megyn: all right, so now we have the iranian bottom's claim that your brother and his two friends were spies for the u.s. government, suggesting they're not getting out of prison any time soon. your reaction. >> well, it's absolutely ridiculous. those claims are absolutely false, and we've said so, we've said so repeatedly, and i think we're on day 252 and over the past 252 days, there's only been one good day, and that day was on march 9th, when we received a phone call, we heard their voices. that was this brief taste of what it might feel like to be able to embrace them again, and that's what we're really longing for. this whole thing has been a terrible roller coaster, up and down, we feel like iran is playing with our emotions. it's extremely, stroomly difficult. but shane, josh and sarah did mention that shane and josh are together, they're actually not in solitary at this moment, which is a tremendous relief. we know they spent long stretches in solitary confinement and we do continue to be very worried about their emotional state, their psych logical well being, the fact they have not seen their lawyer. sarah still has a single, so to speak, she's still by herself, fortunately but she is permitted to see the boys on a daily basis. megyn: and that is good news, as far as this story goes. it's all relative, but, you know, the iranians have now come out, this is from the intelligence minister, saying there is evidence that they have links to intelligence agencies in the u.s., saying the evidence of that will soon be made public, that they have been in contact, your brother and his two friends, with intelligence service and that he has compelling evidence that they are essentially spies. i mean, tell us about your brother. >> i meerntion that's totally untrue. i'm thinking about has my brother ever worked for the u.s. government in any capacity? only when he was the garbage man after high school, he went to work for municipal waste services, collecting the trash from our home town. he wanted to see where all the plastics and garbage that comes out of our town, where it goes, his concern for the environment, he's always had this very genuine concern for the environment, wanting to ensure that we live a more sustainable lifestyle. so no, he's had absolutely no contact with the u.s. intelligence services oring in like that. that's preposterous. megyn: how concerned are you now that he's been held for eight months, and it's good news he is share ago cell with his friend, that perhaps he's made -- they've bullied him into a confession like we've seen before? >> we're urging shane, josh and sarah to see their lawyer, mr. shafe, he's been denied access to his clients. he's been working hard for us going to the prosecutor's office, trying to get information, but we've seen statements of all sorts over the course of the last 252 days, we've had 125eu89s -- statements from president ahmadinejad that he would ask the judiciary to treat the case with speed. we have had statements that they are concluding the investigation, thief heard -- we've heard a trial is eminent, we've heard all sorts of things, at this point, we want to see movement, we want to see their case progress, and we want them ultimately released as soon as possible. megyn: but do you -- what are the odds of that, because when i read the articles about this case, the experts on iran and on our international diplomacy say that they're probably being used as political pawns and that the timing of this announcement, you know, accusing them of being spies is probably no codins, iran is probably ticked off because president obama in connection with announcing hur new nuclear policy specifically said iran, essentially, could still be targeted with a nuclear weapon, so they're saying maybe this is ahmadinejad thumbing his nose at the ups saying really? i'm going to keep these hikers as spies in prison, forever. >> well, we stay out of the politics of this. i mean, our case is a case of three individuals and i think in most other circumstances would be treated as a consular case and would be resolved fairly quickly. we have to separate what we are doing as families and the u.s. government. they are totally different things. as families we continue to appeal to the iranian authorities to find it in their hearts to show com pration and to see this case for what it is, and let shane, josh and sarah come home and be hugged by all of us. it's certainly taking a tremendous toll on us and we can only imagine what they are thinking and feeling right now. >> megyn: how old is josh? >> he's 27. he's my younger brother. megyn: wow. i just can't imagine. imagine, folks, somebody you know at that age, sitting in an iranian prison for eight months, wondering what's going to happen to them. i just want to end with this, alex. when you came on before, skied -- i asked you, because we always get e-mails saying what the heck are they doing hiking there, it's said to be a beautiful area, that's what they say they were doing. i want to clear that up before i let you go. >> right, and if people want to lend our support, go to free the hikers.org. megyn: thank you very much, all the best. >> thank you. megyn: what do you think, folks? let me know. kelly, foxnews.com, check out that website as well. meantime, here is a facebook first, a teen, suing his own more. -- his own mother. he filed a criminal complaint begins his own mother for harassment because of what he says she did on his facebook account. sounds silly but some parent groups are warning this is no laughing matter and may have serious implications for every parent in america. plus the president and pale ip, heated words over the nuclear policy. she gives a key political speech in about ten minutes. you'll see part of that live. we'll see if she is going to respond. >> i really have no response to that. last i checked, sarah palin is not much of an expert on nuclear issues. if the secretary of defense and the chairman of the joint chiefs of staff are comfortable with it, i'm probably going to take my advice from them and not from sarah palin. mig welcome back, folks. the president is about to make remarks on the announcement this morning that supreme court justice john paul stevens will be retiring this summer. the president set to speak at the rose garden, in the rose garden on the future of the u.s. supreme court. what exactly will he say? will he even touch on the subject of stevens' replacement? you'll see it here live, moments away. well, new developments today in the case of the hollywood heavy weight facing questions now in the murder of his wife. police down in mexico, releasing bruce beresford-redman but they say he remains under yes for his wife's death. his wife horizon monica went missing while the two were vacationing in cancun, her body was found in a sewer yesterday near this resort. trace gallagher is following this from the newsroom. this guy, survivor producer, pimp my ride, a big show on mtv, among others and now mexican authorities to him in connection with the wife's murder. >> reporter: we should point out the last year he produced survivor was 2004. we should point out he's been released but he took the passport away. he can't go back to the united states. the here's the thing, the timeline no longer fits. there are reports out of mexico that police had told correspondents down there that this man, bruce beresford-redman actually went home to california on monday, brought his two sons home, then came back to cancun and filed that missing person was report. so here's how it went down. this is the reports out of mexico now. that he went home to l.a. and they're checking these out, he dropped the two sons off and came back to mexico and reported his 42-year-old wife missing. remember, he says he last saw her when she went shopping on mon. he reported her missing sometime on tuesday. her body was found on thursday, in that sewer near the hotel. she had scratches on her neck, and the police believe that she was strangled, but they haven't had the autopsy yet, which is why they're not holding him. i don't understand the mexican law as much as anybody else, but apparently once they arrest him they have just like in this country, 72 hours to charge him, they are not ready to do that, but he can't go back to los angeles, but now they're checking out this weird report that he went back to l.a., flew back to cancun and reported his wife missing. megyn: that's bizarre. you mentioned scratches on her, there were reportedly scratches on him, this is one of the reasons their looking at him. >> reporter: scratches on him and the waiter at the hotel saw them arguing and saw him try to strike her, though he missed. we went to the room and argued further and that's the last anybody heard. her body was found on thursday, her 42nd birthday yesterday, megyn. megyn: this case gets more and more disturbing. polls are suggesting a majority of americans do not like the idea of limiting our options when it comes to defending america. so will the senate now approve the president's new treaty on nuclear weapons? an