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>> yeah, nonsense. the supreme court's put in place under our constitution to decide the tough cases, the cases where there are serious constitutional issues raised. the involvement of the healthcare mandates and obama care, we've talked about it many times in this broadcast, in fact does raise significant constitutional issues. nobody is going to deny that. if the supreme court determines it's unconstitutional that it violated the commerce clause, it's well within their authority to do it, they affirm it they can do that as well. the idea that the chairman of the judiciary committee would rem...

To this. jay's point is they have not yet issued a decision. president obama got in trouble for doing this at the beginning of april and he had to dial it back. after he dials it back the chairman of the judicial committee comes out and does the same thing. >> i don't understand that criticism. the idea that you shouldn't criticize a court or particular line of court before the court has mid a decision on something comes from absolutely nowhere. this is part of the public debate. it's been going on, conservatives do it when they don't like the direction they perceive the court is going. hreub ...

The parent that the last time the mother saw the baby was at 10:30 that night or 10:40 when she was going to bed and she checked on the baby. then almost a month later when i interviewed the parents they told me that in fact she was no longer certain whether she had ever seen that baby at 10:30. the last time she checked on her was 6:40 in the evening. it was a big change in the case. i asked debra about it, she admitted she made a mistake. look how the lawyer jumped in. i want to get your reaction. >> the point is she doesn't recall. megyn: what happened, joe, she originally told law enforcem...

As well. but there was no question the initial report she last checked on the baby at 10:40. when i sat down with her she said i don't know whether i checked on her at 10:40 or not. his client was admitting what i was saying but he was taking issue with it. why, mark? >> you have got to try to massage to it your advantage. i think that's what this media adventure was the last few days. they had no new information and they already know it was not good information it was ridiculous information. so they have these avenues they are saying we are calling the fbi. it many not the fbi's case. they as...

Aggressive. those are your words. why do you think that? >> she is turning blame to the media and the police department. let's first look at some facts here. she says she wants answers. well, then, maybe you should go to the police department. october 20, her attorney told the police department you can't talk to my clients directly unless you go through me. that's october 20, 2011. the last time they saw the kansas city police was february 22 where they provided no useful information and to this day refuse to be interviewed separately. megyn: she says she has been talking to the fbi. i want to...