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Form of direct act between the agents and the injured party and justifiable reliance on the promise. if you can prove the woman relied on 911, that the city assumed through the 911 call an affirmative duty to act, that it knew if it didn't act it was going to cause her harm and through fault of its own it didn't act, can you get around the immunity veil? >> you can make the argument, you know, but in this particular case, megyn, to tell you, i do not think they'll be able to jump these legal hurdles. as a matter of public policy, if the city decides to avoid this lawsuit and litigation, perhap...

All night. megyn: look, snowstorms happen, natural disasters happen, but if this plaintiff's lawyer can prove that it happened here, the failure to clean up, so that emergency vehicles could transport through this city, intentionally, by unions trying to make a point, mark, immunity schmoonity, if you get that case before a jury, which is a huge if, you win. >> absolutely. you know, when the medics showed up, they said, quote, we're sorry, we've never seen anything like this. let me tell you something. that's what jurors are going to find when they see these unique facts. this is outrageous. m...

With you? >> one now. there's one out in the factory there. >> reporter: we also know he had more weapons in his car, police say he didn't get to those but he did kill eight people, shot ten. here's the deal, the union's attorney is saying look, it would be hard to disprove anything he's saying because he's not here for an investigation but says look, the only people that he targeted were the people who happened to be in the meeting and close to the door so if in fact he had problems at work, whether it be racial discrimination or whatever, he certainly didn't act like he was taking it out on ...

Operation in kandahar this summer. >> it was clearer than we expected and i'm not sure we're holding it successfully. we cleared it. kandahar, saying we'll take care of surrounding areas and not right into kandahar. that's due to troops. we have to spend 5,000 troops up north because president didn't act aggressively enough when we had the request from general mcchrystal. you can blame karzai but if you talk to people there, the u.s. military government coordination is terrible. the general, and holdbrook -- karzai won't even speak to him. he wouldn't -- >> bret: this is one of the guys that d...

Getting ready for big operation in kandahahar this summer. >> it was clearer than we expected and i'm not sure we're holding it successfully. we cleared it. kandahar, saying we'll take care of surrounding areas and not right into kandahar. that's due to troops. we have to spend 5,000 troops up north because president didn't act aggressively enough when we had the request from general mcchrystal. you can blame karzai but if you talk to people there, the u.s. military government coordination is terrible. the general, and holdbrook -- karzai won't even speak to him. he wouldn't -- >> bret: this i...