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Feel this is not where this is going to go. see where the president comes out tomorrow with his list, and that's when the conversation really begins. >> let's make a prediction. governor rendell, will president obama come out for an assault weapons ban as part of his package tomorrow? >> yes. >> will he? >> yes. you have got to go big, and, look, even if the assault weapons ban goes down, he can still get the ban on high capacity magazines and 100% background checks. those are tremendous victories. i'm not sure the assault weapons ban will go down. everyone is acting like it's dead in the wate...

Using the gun used to kill her ex-boyfriend. >> i didn't even know there were guns until my grand parents reported it stolen the day their house was broken into. >> when was that? >> i don't remember. a few months ago, maybe? >> what did you do with the gun? >> i don't have the gun. jon: lis weill, fox news legal analyst. chip merlin, criminal defense attorney. let's start with the testimony about the gun, chip, sometimes that kind of thing can come back and bite the prosecution and i want to ask you about that. the weapon used, the gun used in this horrible killing has never been found. it tu...

Ban will go down. everyone is acting like it's dead in the water and harry reid, hey, let's man up and try to do the right thing. we may surprise ourselves. >> don't be a with us, right? >> right. don't be a wuss. >> i think they -- my thought, you can't have reaction to what happened up in connecticut without dealing with the weapon used, the bush master. >> absolutely. >> unless that's on your hit list of weapons you want to keep from the crazy the at least. >> and, again, i think you're right there. that's going to be part of where the conversation is going to go from here on out. >> you ha...

able to help others through organ donation. in just about 2 1/2 hours, the high school sophomore accused of shooting five fellow students, three of whom have now died, is due to appear in juvenile court. the state's attorney general says that it is likely that 17-year-old tj lane will be tried as an adult. people who knew him said that lane was a guarded boy, from a troubled family. for more on that and the victims and the fallout from yesterday's terrible attack, i want to bring in my colleague, ted rowlands, who is live from chardon. this young boy is in a lot of trouble, likely ad...

He has a wife and two young children. listen. >> agent francone was one of the more experienced agents in our unit, and he will be sorely missed. >> reporter: you heard that witness say earlier sounded like an ak-47, megyn, there is no word on the type of weapon used, but one suspect, six officers down. an indication that this was a great deal of firepower. megyn: trace, thank you. well, the head of america's largest oil industry group is getting a whole lot of attention today for a warning he just sent to the white house. he is our guest in three minutes, and we will explain what he has sai...