bill: we want to know whether or not you think the president's jobs speech makes a difference. it's not a scientific poll. we've had 1500 votes today. just about everything says no. how about that for optimism. martha: we'll see. bill: hey, on this day in 1939 hitler invaded poland. martha: what else happened. bill: on this day in 1939 the second warld worst started. but that wasn't the big headline. my mom was born that day. martha: happy birthday mrs. hemmer. we'll see everybody tomorrow. "happening now" starts now. jenna: happy birthday to mrs. hem erin deed. happy birthday to you if you're sharing in this day.

i'm jen a lee. bill: i'm greg jarrett in for john sko*t. the battle between president obama and house speaker john boehner over the timing of his address to congress. the white house saying the entire settling dust up highlights why americans are fed up with washington. martha jenna: here it how it all went down. the president announcing sed he will outline his jobs plan on september 7th, that is the same date as the next gop presidential debate and this is the date when this is not going to happen. wendell goler has how the world turns in washingto washington, d.c. what is the latest? >> reporter: it's the first time in history a president has been denied a request to address a joint session of congress. press secretary jay carney shrugs it off, he says thursday will work and the president

promises it will be done before the kickoff season opener on thursday. this comes weeks after the country almost defaulted for the first time in history. press secretary carney says that shows the partisanship have gone too far. >> americans are sick and tired of the partisan bickering, the gridlock. what we saw over the summer, gridlock and partisan bickering is not new. what we saw over the summer is instead of being annoying it can be harmful and dangerous to the economy, to the livelihood of americans. >> reporter: speaker boehner's office said it never signed off on a wednesday address to congress but the white house said it didn't object to their initial address. boehner says it's their own scheduling not the debate that was the problem. the white house says it was trying to up stage the bait although people in the debate like michelle bachmann says that is hard to believe. >> does that show a little insecurity on the part of the

president? he wants to distract the people so they don't watch him or he doesn't want the people to hear what the next president of the united states is going to say about the president april jobs plan. >> reporter: fox news contributor charles krauthammer says the republicans should have delayed it an hour that way he says the president would have looked small for stepping on the debate and the republican presidential contenders could have reacted immediately to president obama's jobs proposal. jenna: it's on a thursday. we learned that over 400,000 americans filed for unemployment. certainly a serious topic. gregg: nfl opening night. where are the eyeballs going to be that night. jenna: a lot of places. you can find out more about the protocol. wendell touched a little bit on that. go to foxnews.com slash aehq and

we are your election headquarters. gregg: right now president obama plans to visit flood-ravaged new jersey. he will get a firsthand look at all of the destruction from hurricane irene. flooding ha hampers the recovery effort. many businesses and homes have no power and that could last a very longtime. people have seek aid under a disaster declaration signed by the president. a bit of a relief for people suffering through an exhausting ordeal. >> i want to go home. you can't rush mother nature. that's how it is. but i'm glad that there is somebody here to help us while we are in need. >> my gold fish, i couldn't leave them at home, they would have died. >> it's hard with all the mass people together, no privacy, you have to watch your things, it's

a little scary. >> you never know, it could be you. not too long ago i gave $10 to haiti not anything i would do it. and now i need it. gregg: the president will be visiting this sunday in new jersey. david lee miller is with us. >> reporter: it is likely the floodwaters will have fully receded by sunday when the president arrives in patterson. the good news today in fact we are told all rivers are receding here in the state of new jersey. behind me is the passac river it crested at seven feet over flood stage and dropped by my estimation in the last 24 hours at least one foot. you can see a bridge connecting one side of patterson, new jersey with the other. yesterday this bridge was overrun with water. at this hour it appears passable but it has been sealed off by police because it is still not deemed safe to cross. now thousands still remain

homeless today, property either destroyed or seriously damaged. new jersey governor chris christie toured path certificate son yesterday with the homeland security secretary janet napolitano. an said aid from the federal government should not be subject to partisan politics. >> we don't have time to wait for folks and congress to figure out how they want to offset this stuff with other budget cuts. our people are suffering now, and they need support new. and they can all go down there and get back to work and figure out the budget cuts later. but we need the support now here in new jersey, and that's not a republican or a democratic issue. >> reporter: the situation in vermont is still dire. there is still a great deal of damage caused by the aftermath of irene. nearly one dozen communities still cut off because of floodwaters, and we are told that yesterday again the national guard brought in emergency supplies by helicopter, residents of one

town are using their own gardening equipment we are told in order to clear the debris and the garbage from the streets. and the price of this entire catastrophe still being added up but some fresh numbers, gregg, the governor of north carolina says the damage there at least $70 million. the governor for new york state says damage there 1b with a billion dollars, and one analyst has said now that the total damage for the east coast is going to exceed $7 billion, this now as the city of patterson prepares for the rival of president obama on sunday to see the damage for himself. gregg. gregg: it's certainly going to put it in the top ten worst american disasters in terms of the financial damage. david lee miller live in patterson, new jersey, david thanks. jenna: moving onto one of our other top stories. new information about a secret government operation, newly disclosed court documents detail

how the government flew terror suspects and u.s. intelligence officials around the world. some of those flights included stops at the u.s. military base at guantanamo bay and other overseas prisons. peter doosey is picking up the story. peter why is this story so important right now. >> reporter: it's important for a lot of reasons. it's real interesting how they found out about it. we are finding out about it because of a business dispute of all things. it's because two of the contractors the cia used to provide planes for these secret rendition flights are going at it in court right now over a breach of contract lawsuit. basically the government told a contract in virginia that they needed a bunch of ten-seat flights that had nine-hour ranges and they didn't want to provide passenger manifests. they hired sports flight in long island. they found rich more and rich more let the government use the plane for secret rendition flights. but they had no idea that that

was what was going on. they thought they were helping the state department support u.s. embassy, that's what the cia told them. they also allowed the planes to deviate from the flight plans think time they wanted. we know this not because the cia told us but because two of their contractors are fighting over unpaid flight costs in upstate new york, way upstate. jenna: they are flighting over flight costs, them and the cia. the government is not in question here. >> reporter: right. nobody from the government has shown any interest, and the only two witnesses at the trial so far have been the two owners, the two guys representing each of these flight companies. and it's interesting, we don't know exactly how many of these flights there have been, we do know that the cia used at least 26 planes and has rendered a hundred terror suspects in koupt trees and that includes everybody down at guantanamo bay. rich more was charging uncle sam

4900 bucks an hour. over a three-year period they raked in more than $6 million which public record shows is actually just a sliver for the cia's business for stuff like this. jenna: that gives us insight to know that some of these suspects in question were flying around in planes like this. not necessarily in military planes. interesting. we'll keep on the story. thank you very much. gregg: you know the old saw went to a fight and a hockey game broke out. jenna: an old saw? gregg: take a look at this. a youth football game, it turns into a free for all and the referees find themselves smack-dab in the middle of it. jenna: that was a good tackle but ha that wasn't part of the game. gregg: we'll tell you who can be punished like that. jenna: we all know drinking and is illegal. what about smoking and driving.

the new push in one state to keep people from lighting up in a vehicle, and it depends who else is in the vehicle. gregg: take a look at this super car. jenna wants to get her hands on it, this is just smoking. jenna: does it come in pink? gregg: you're going to meet the man that build the one of a kind bat ba t-mobile. wait until you hear when this one of a kind can do on the open road.

gregg: a horrible car accident. we are watching what is happening here. this is long beach, california. one person was just pulled from this wreckage, an automobile struck a tree and literally they have been peeling this car back with the jaws of life as if it's a can opener. and one person is still trapped

inside this vehicle. we don't know the condition of either the person who has already been rescued or the person still trapped there. the top of your screen you can see the jaws of life, you know, one big scissor, if you will, and that's really how they get into these situations to rescue people. but what a horrible situation, multiple people were originally trapped. now getting some new details. the call happened at 7:39am. a bmw, that is a bmw, you won't even know it struck a tree at the lakewood off-ramp in lakewood california, two people trapped inside, one has been freed. jenna: what images. gregg: awful. and the person being treated on the side of the road. jenna: we'll keep you up to date on that developing story in california. we have new video crossing our international desk today ash shooting from a sroel cane owe

near mexico city prompting warnings. a very active volcano there. there is a chance they think that ash can fall on mexico city about who miles away. a new fallout from the country's raging drug wars in mexico. one week into the school 140 elementary schools in the resort city of acapulco are closed. teachers are refusing to show up for work. they are scared because of a string of recent extortion and kidnapping cases reportedly involving some teachers. schools in the area are caught in the middle of turf battles between rival drug gangs. it gives us perspective going into the school year here statewide as well. gregg: a controversial new law, one that would essentially ban ban adults from smoking when kids are inside the car. what is driving this legislation? >> reporter: if passed this legislation would impose a $25

fine on drivers each time they are caught driving a car with children under the age of six. if passed south carolina would join four other states that have already enacted similar bans. although the laws are relatively new several short term studies suggest they've had little impact on childrens exposure to secondhand smoke. still, proponents say the primary goal of this bill is educating people. >> the respiratory affects on small children of being in enclosed places with secondhand smoke is significant enough to warrant government action. >> reporter: we spoke with several police departments in states that have already enacted similar bans, and officers tell us that this law is something that is enforced in extremely rare circumstances, but, again, they used the term tool to educate. they say that they really use this law to make people aware of

what should be common-sense, that the less smoke that children are exposed to ultimately the better off they are, gregg. gregg: it does seem to make sense. what are the chances of the bill becoming law in south carolina? >> reporter: strangely the law is getting luke warm support even from some antismoking advocacy groups. while they support the bill in principle they believe it lacks the teeth to become something that they really want to spend the resources on and get behind and make a priority issue, listen. >> we have very limited resources, obviously, and we would prefer to work on broader legislation that protects all children and all adults at all times. >> reporter: now from a legislative standpoint the bill does enjoy bi-partisan support in south carolina's gop-controlled legislature. it passed in the senate, but it faces morey distance in the house where there is more of a

libertarian element, people concerned about government over reach. many of those people again smoking around children. but questioning whether it's the role of government to send police officers looking in the windows of people's private automobiles to see if they are smoking around kids,. gregg: jonathan serrie live in atlanta. thanks. jenna: all eyes are on the 2012 race for the white house. there are a whole lot of senate seats up for grabs that could change the face of washington. why it just might mean good news for the gop. we'll see, we'll talk to larry sabato just ahead. folks in texas and surrounding states facing the worst drought in decades. the concerns nation and worldwide. how it will affect everything from the price of what you wear to what you eat. that just ahead. uh, i'm in a timeout because apparently

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jenna: one of the big stories we've been watching are the wildfires raging in texas. the possom kingdom fire is skoerb -fpg hundreds of acres. it is tied to the devastating droughts, the bone dried conditions made worse by weeks of triple digit temperatures. we've been talking a lot about that. it's the most severe drought since the 1950s. what does a severe drought look like? we actually can show you. you can check out what we have next for you. this is actually a lake. that hits home, right? ago cultural losses so far are estimated at $5 billion in texas alone. they have lost a hay crop.

professor travis miller from texas a&m is a science professor focusing on soil and crops and he's been so good to come in and talk to us professor. hopefully there is air-conditioning where you are right now. because it's hot out there. >> yes, it's comfortable here, but outside it's warm. jenna: one of the things you say you're concerned with, professor is the public water supply. we talk about the lakes and the crops. why are you concerned about the water supply for the people? >> obviously that is one of the primary concerns of any city is to have a supply of water for its industry, its citizens. we have roughly 17 1/2% of all of the 4700-plus water suppliers in the state are at one stage or another in their drought contingency plan or on drought watch. it means that they've hit triggers that they recognize are symptoms of problems in water supply and they are trying to deal witness. jenna with it.

jenna: do you think the scenario could surface where certain areas are just out of water for a town or for a county? >> yes, we've seen small towns in the state get down to stage five on their drought plan, which means essentially you can have drinking water and little else. jenna: wow. >> so, we're in critical situation in a number of locations, and since you never know when the end of a drought is you have to be careful with the water supply you have. jenna: we are showing some pictures of farmland and of dried up lakes. i'd like to pick up off your last point a little bit there, of what do you do? you're waiting for rain. there's been some talk in a situation like this of weather modification, can you tell us a little bit about that and whether or not you think that's a good idea? >> we have some weather modification programs on going, have for a number of years. the problem with weather modification is you have to have rain clouds before you can seed

them, and there is no guarantee that you're going to have rain clouds. we have gone months without seeing any. jenna: just to fill in the blanks a little bit for some of our viewers,hawith the rain clou could send an aircraft up that could drop silver iodine into the clouds that could cause rain, one of the magics of science that is being explored at this time. as we take a look at some of the crops affected. we mentioned at the beginning that it could affect nationwide the prices of what we eat and wear. how so? >> the particular concern is beef. we are in essentially a five-state drought but texas is by far the largest beef cattle producer in the united states. the u.s. eats our own beef. we import very little of it and for good reason because we have good quality beef. we are emptying the ranches.

we've sold hundreds of thousands of cows off the ranches. they are desperate to get the cattle off the ranch because there is no grass or water. the price of beef will probably be moderated by the supply of beef coming off the ranches right now. but in a year, two years we'll miss those calf crops that will be our future beef supply. jenna: interesting to think about that affect. we talked a little bit about cotton and wheat in the past not just for texas but as you mentioned in the surrounding states. professor miller thank you so much for giving us a little bit more information about this. it's a story we'll continue to watch, sir, thank you. >> thank you. gregg: some fisherman getting caught up in a whole bunch of red tape and now they claim that new laws governing their catch is killing their business. what one group is now doing about it, and how it might affect you. we're live in the fishing down of glocester, massachusetts. a football game gets way out of

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gregg: welcome back to "happening now." we're here in the acquisitions room, our sort of window into the world where we follow all of our remote camera stories that we're trying to keep in touch with and people. david lee porter in patterson, new jersey, getting ready for a

report on the extensive flooding there. the river has crested but still lots of flooding. let's go to remote 294. this is hurricane katya that is churning this the atlantic, sustained winds of 75 miles per hour, but guess what? it could be heading to the united states, and it could strengthen to a cat two or a cat three. still too early to know. just some of the stories we're following here on "happening now" in the acquisitions room. jenna: questions about whether or not that hurricane might threaten some of the oil production in the gulf, and that could effect gas prices, so that's one of the things we're watching. taking a look at new numbers today on the job market, 409,000 americans filed for unemployment, these weekly readings are volatile, but the number still remains too high to suggest job growth. this news comes ahead of a brand new jobs report, 8:30 a.m. tomorrow we're going to have another look at our nation's unemployment rate and whether or not we're actually seeing some improvement in the labor market, so that'll be a big story

continuing into tomorrow. right now, though, new rules are killing one line of work, that's according to some fishermen across this country. they say laws dictating when, where and how much fish they can catch are destroying their business. one group of fishermen getting caught up in if a lot of red tape are in gloucester, massachusetts, and that's where we find ashley webster with the fox business network. hi, ashley. >> reporter: hi, jenna. we are in gloucester, the oldest seaport back in the country, began fishing here in 1623, but it is definitely a form of, well, let's put it this way, a living that's under pressure right now from what they si is federal regulations. stephen is a maritime attorney, and, steve, thank you for being here. you represent commercial fishermen from maine all the way down to, i would imagine, north carolina and florida. >> that's correct. >> reporter: what is the main problem with these fishing regulations, and what impact are they having? >> the main problem we have now is they are so heavily targeted on rebuilding fish with total

disregard for the effect on fishermen and their communities. for example, in the northeast we have most fisheries are close to being rebuilt or are rebuilt, but at the present time the government is, the current administration is attempting to con sop date the -- consolidate the fishery, cutting the number of fishermen and boats by as much as two-thirds, while at the same time we are catching less than 40% of the total allowable catch. we've identified about $500 million worth of fish that the government is forcing us to leave in the ocean each year that their scientists tell us can be landed. that represents a loss of about 10,000 jobs in the northeast alone. >> reporter: i was going to say, what about the impact on a place like gloucester? you've lived here for many years, what kind of change have we seen in this industry? >> it's tremendous. in the '80s we had about 180 boats of 70-90 feet. now we have 10-12.

we have seen an incredible loss in both boats and the number of jobs, shoreside infrastructure is collapsing. all of this in the face of unprecedented stock sizes. i mean, we really have some very healthy fisheries in the northeast that are going fallow, and those fish, it's not like money in the bank. they won't be there for future generations. they die off. fish like haddock. we're seeing dieoffs long before we can catch them. and, unfortunately, the end result is we lose jobs, we lose infrastructure, and it permanently affects both the fishermen and their communities. >> reporter: steve willett, maritime attorney. thank you very much for joining us. as you can see, jenna, these regulations are an ongoing battle. it's been in the courtroom, we'll probably be back there again. in the meantime, this is a community that is hurting at a time when you say the latest jobless claims are coming in at 409,000. back to you. jenna: just to be clear, the reason why the regulations are in place is to protect the fish.

is there an environmental concern -- >> reporter: there is, yes. but with all of these issues it's very complex. the rationale, if you like, is to protect certain species from being overfished, but there's a challenge to how those numbers are actually arrived at. it's a very complex issue, but the people who make their living here say the end result of these new regulations is they simply cannot afford to survive. jenna: interesting report, ashley. thank you so much. >> reporter: yeah. my pleasure. ♪ gregg: professor and political prognosticator larry sabato is looking into his crystal ball, and what he sees could be good news for republicans especially when it comes to the senate where democrats have now a majority there. 23 seats now held by democrats up for grabs next year, that includes five seats where the

incumbent is not running in 2012. independent joe lieberman is also in the mix. larry sabato is director for the center of politics at the university of virginia, and he joins us now to talk about this. you say, i mean, this is, the senate is the republicans' to lose. is that because of polling data? is it because of registration or just mathematical probability? >> gregg, it's all of those things put together. and people always ask about the senate, they're fascinated by it because we only elect a third every two years. it's the luck of the draw to a certain degree about which seats are up. and it turns out the seats up in 2012, basically, are republican group of seats. the competitive seats there are especially republican in places like north dakota which is almost certain to turn republican, nebraska which i think is leaning republican, places like montana and missouri

that are almost certain to vote republican for president. they have democratic senators, but those democrats are in deep trouble. so part of it is luck, part of it is the circumstances of the election year, and, yes, it's based on history as well as current polling. gregg: now, you say but for bad candidate decisions in 2010, republicans would be in a lot better position to gain the u.s. senate. let me quote further from the your crystal ball. this is a warning to the gop for 2012 although the base might not be in a mood to listen. republican primary winners if too far to the right, could hurt the party across the map this year. such as, larry, wisconsin, new mexico? >> those are two excellent examples. wisconsin and new mexico lean blue in be presidential years, but a republican could still win for the senate even if states go

slightly democratic for president. but only if republicans nominate a candidate broadly acceptable to those middle swing voters. we don't want to get back into 2010, but the fact of the matter is republicans right now might have had a 50/50 senate had they nominated more moderate candidates in several states. well, that would have guaranteed their control of the senate in 2012. gregg: yeah. republicans, as you point out, need to gain four seats or three if next u.s. president is a republican. want to move on to the second part of your crystal ball which i found fascinating. it deals with the race for president. given mr. obama's low approval ratings right now, the latest one i saw quinnipiac today his disapproval 52, approval 42, your guest columnist writes the following. quote:

gregg: in fact, you say he's got no choice. explain. >> yes, that's professor tom that woulder, and i think he's absolutely right. essentially, it boils down to this; if you can't sell yourself positively, you can't sell your record positively, you're going to go hard negative against the opposition. basically, you're going to say you may be unhappy with me, but you'll be even more unhappy with that other guy, whoever the other man or woman is who's the nominee for the republicans. and i think the smart republicans know that already, they're expecting it. gregg: would going negative, though, sully his hope and change theme? [laughter] >> well, i think hope and change has gone by the board. now it's survival. this is a very tough election year for this incumbent president. you mentioned some of the numbers.

all of the surveys show that, right, left, middle. this is going to be a very tough re-election campaign, and so you do what you have to do to get reelected, at least to try. gregg: all right. larry sabato and his crystal ball. always fascinating to read it. we learn a lot. thanks very much for breaking it down for us. good to see you. >> thank you, gregg. gregg: we're teaming up with google to host a debate on september 22nd in orlando, florida. you will be able to submit questions for the candidates, so think about one, and for the first time you will be able to vote on which questions you want the contenders to answer. go to foxnews.com for a story with more details about the first of its kind debate, the gop republican debate hosted by fox news and google september 22nd. jenna: well, right now criminal charges could be filed over what you will soon see is virtually chaos on the football field. patti ann brown has the story ask the stunning video as well. >> reporter: that's right,

jenna. the video says it all. it was a youth football game in sarasota, florida, on saturday. there were a few calls that upset the share soda youth -- sarasota youth gators. after another disputed call, coaches and players charged the refs. more piled on throwing punches. the ref was knocked right off his feet by a young player, and then people can clearly be seen kicking the ref on the ground. he couldn't get out from under the pile. it was absolute melee. coaches and parents from other local youth teams are appalled. >> i have never seen anything like that. i've -- i think the coach should be disqualified from coaching. it's not good sportsmanship. >> reporter: well, the ref is okay and decided not to press charges, but the sarasota sheriff's office is seriously considering criminal charges.

battery on a sports official is a felony in florida. this referee has been officiating for 14 years. this was his first with the mid-florida conference. the game was between the gators and the north port huskies at riverview high school, but now the sarasota school district has terminated its contract with the conference, so no more of this league's games will be play inside the district, and again, prosecutors actively weighing charges in this case. jenna: we'll see if it happens. thank you. gregg: all right. he took almost all of his clothes at an airport. baring his chest with a message to protest those tsa security screenings, and guess what? it led to his arrest, and now a judge says he can sue. does this kid really have a case? our legal panel weighs in.

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aaron toby took everything off except for a pair of his running shorts or boxers, not quite sure, at a virginia airport back in december. he'd written the fourth amendment on his chest to protest airport searches. that prompted tsa screeners to call the cops, and he was busted. now a judge has ruled he can sue, but only two agents for violating the first amendment. kimberly guilfoyle is co-host of the five, tamara holder is a fox news contributor. good to see you both. kimberly, you know, the irony here is toby writes the fourth amendment on his chest, the judge dismisses his claim that he was unreasonably seized and says, you know what? i'll let you argue your first amendment to protest the fourth amendment on your chest. >> kind of ironic. you've got to love the law. gregg: how's it going to play out? is. >> i think the judge wrote an excellent opinion. he was absolutely correct, this was a reasonable search and appropriate behavior by the tsa. they were following protocol

and, of course, the courts have consistently allowed tsa wide latitude in protecting u.s. citizens and in monitoring airport activity. when he was acting bizarre, taking off his sweat pants, taking off his t-shirt, he refused to go through the screening process. the case remains now just on a first amendment issue. did they call police because he had the fourth amendment on his chest? i don't think that's the case based on the facts, and i don't feel that he's going to be able to prevail. gregg: tamara, the judge seems dubious about that, and, in fact, he wrote this. we'll put it up on the screen. gregg: so, in other words, isn't the judge really saying, tamara, look, screeners, get up on the stand and just say we thought he was a security risk. we didn't know what he had in

his tighty whiteys which were actually blue and, therefore, it's justified. [laughter] >> right, right, and sure. tsa is given a reasonable latitude, but it's reasonable. you know, the underlying offense that he was arrested for, disorderly conduct, in the state court was thrown out. it was dismissed. so what was this bizarre behavior? tsa needs to understand that even though they're given the wide latitude, that there are going to be crazy people who are trying to, you know, prove a point or whatever, and there's a way to defuse the situation. what was this guy up to? was he really a terrorist, and does everybody need to be arrested? i think that this is a big first amendment violation, and it's going to go forward, and i think he's going to prevail. gregg: kimberly, you mentioned one other thing the judge pointed out, and we'll put that up on the screen. >> right. gregg: do you suspect that the judge, henry hudson here, if

there is a verdict in favor of the plaintiff might just decide to set it aside? >> he's sending a big signal here, he's doing the right thing. he's hedging a little bit to say let this guy have discovery where he can get statements put forward by the screeners that will say, look, we were worried. and, in fact, they passed him on to the air martials. he was questioned as to his intentions and goals because they did have concerns that he had some terroristic intentions -- >> come on, he was a college kid -- >> who cares? tamara, this guy was supposed to be on the way to his grandfather's funeral. it's pretty disgusting, his behavior. he's just showboating. the institute that was -- >> who cares who it is? who cares who it is? >> because it's a set up. gregg: if he wanted attention, he certainly got it. bearly gill foil, tamara holder, thank you both. >> thank you. jenna: well, if you feel the need for speed, this may be the

car for you. get ready to get behind the wheel of your very own batmobile. gregg: wow. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna: well, it's the car created for a superhero, but you can own this custom made batmobile for $620,000. that's where it starts. casey push is the man who built the supercar and now hopes to sell it. casey, interesting project. why did you choose to build a batmobile? >> well, i'm a kid of the '80s. that 1989 film sure meant a lot to us when we were all young, and the batmobile is the coolest car in the world whether or not

it's fictitious. i build cars, so i thought it a worthy task. jenna: i got a look at the car, and it is pretty incredible. why is it worth $620,000? >> well, um, that's a complex answer. [laughter] you can see that, i mean, there is only one, it is the only real batmobile in the world that's turbopowerred and a tremendous amount of engineering and skill set goo into that. actually, quite frngly, given the world market that will be a good why. jenna: ah, there you are, the car salesman. it's a good deal. >> it is. jenna: you say there's some myths about this car. you say turbine engine, but what about the exhaust pipes? how authentic is this batmobile? >> well, regarding the movie and the fictitious nature of that, it was done by artists and such. so to bring something like that to fruition in reality, a lot of engineering considerations had to be done. of course, i can make it blow fire, but naturally when you're

driving down the road, it is a you are turbo-shaft engine. it's not actually driven by thrust such as a jet engine of a fighter plane, but it, in fact, drives the rear wheels. jenna: we should point out it's street ready, so if someone buys this car, they could just drive it down any street in america? >> literally. and you can fill it with either jet fuel, kerosene or diesel, so you actually can fill it up at fuel stations around -- jenna: you really want to sell this thing, casey? i mean, come on, you don't want to just keep this one for yourself? >> well, i've had my fun. other people can have their adventures, and i've got some other more ecofriendly projects coming up. jenna: wow. well, it's a cool looking car. i read that you'll take a trade, but it probably will be a pretty interesting trade. >> it would be a pretty interesting trade. i like historic racing cars and

sports cars, so that would be considered. jenna: all right. there's the price tag. $620,000, ebay is one of the places where people can check it out. great story. thanks for your innovation and for sharing it with us today. >> indeed. i'm glad you like it. jenna: what do you think? do you need proof of insurance? how do you insure that, huh? gregg: all right. have you heard this one? a t-shirt with a shocking message, and it's not the only questionable message being given to our girls. what is our culture saying to young people? ♪ why settle for a one-note cereal? get more with honey bunches of oats. four nutritious grains come together for more taste, more texture, more healthy satisfaction. have a bowl of happy. an accident doesn't have to slow you down. with better car replacement, if your car is totaled, we give you the money for a car one model year newer. liberty mutual auto insurance.

martha: it's high noon on the east coast. we are so glad you are with us, everybody, i'm jenna lee. greg: i'm greg jarrett in nor jon scott. fewer folks filing for jobless benefits last month. martha: weekly applications down 12,000. 409,000 americans filing for benefits. it's better to see the downward arrow, you want to see

improvement week after week. we need to see the number drop below 375,000 at least to signal any sort of sustainable job growth. we haven't seen this level since february, and really haven't seen that level sustainable for years now. fox business network's peter barnes is live with more on this. >> reporter: it mighting getting worse unfortunately. economists seem to think that while things are not getting better on the job front they are not going to get very much worse. here is the big issue, fallout from hurricane irene which will likely boost unemployment claims for the next few weeks. we had a big drop in consumer confidence this week that could boost the claims. only lists hope any increase in these claims from these reasons will be temporary, and of course tomorrow we get the big monthly jobs report for august, the consensus estimate is that the economy created 75,000 new jobs in august, and that the unemployment rate will stay steady at 9.1%.

so not much progress on that front. the labor department survey for the jobs by the way took place before hurricane irene hit. jenna. martha: you need more than what 130,000 jobs, peter, created every month just to keep up with population growth, the estimate is 7 a thousand. >> reporter: that's right about a hundred, 150,000 to keep up with new entrants in the workforce like high school grads. you have to get above that to see the unemployment rate going down. martha: that's what we want to see, significant improvement, peter, thank you. greg: right now california's legislature is very close to passing its own d.r.e.a.m. act. that's right this measure would allow illegal immigrants to get state funded financial aid for college. governor jerry brown expected to sign the legislation into law as soon as it reaches his desk. chief washington correspondent james rosen is live in d.c. where a d.r.e.a.m. act pushed by democrats and the white house is

actually stalled in congress, james. >> reporter: there is some hope from people that support the d.r.e.a.m. act will spur it on in the federal level. they passed the second part of a two part d.r.e.a.m. act. the first part which democrat particular governor jerry brown signed into law enabled the children of illegal immigrants to qualify for privately funded financial aid. part two if they have attended high school for 3 years can apply for state funded aid. it's 1% of the total budget for campus aid. if signed into law the measure will take effect in 2013. state senator ron cal today reason, a democrat from the montebello area argued this is about promoting success. those who work hard and become good students should not be punished for decisions made by their parts. state senator doug lamalfa told

the "los angeles times," quote it's against the rule of law for benefits to be given out to people here without legal status. people are just insulted he said, the state is out of money and we are opening a new door here for more funds ton expended. jerry brown is expected to sign the law after the california state assembly reconciles with the one it passed with the one it voted up yesterday. california is host to 2.5 million immigrants, almost one quarter of the nation's total population of them. when republican arnold schwarzenegger was governor of california he vetoed similar legislation three times. greg: i'm getting a feeling there might be a lawsuit to stop this law. we'll have to wait and see. >> reporter: yeah, that is the american way. greg: james rosen, thanks. martha: new information now on the future role of our troops in iraq. the iraqi prime minister says he's going to stick to the agreement that he has with our country to have all of our

forces out by the end of this year, but there are serious questions about what happens after that. national security correspondent jennifer griffin is live at the pentagon with more on this. >> reporter: august marked a major milestone in iraq. it's the first month since the beginning of the iraq war when no u.s. troops were killed in combat. that is a major step forward, but there is still ongoing concern that there are major major attacks taking place against iraqis, such as the bomb blast at a sunni mosque on sunday that killed 28 people, including a member of parliament. this morning there was a high profiless skaeupt from a detention facility in northernee evacuate. 35 al-qaida and iraq suspects tunneled out through the sewer system of this detention facility. there are some concerns that it was an inside job. most of them, however have been recaptured by the iraqi security forces. >> they know exactly who it is

that is still at large, they have the focus of their efforts to find them, and regain control of them and get them, you know, back under isf custody. we did assist them. >> reporter: that assistance may come to an end at the end of december if all of the 48,000 u.s. troops in iraq are asked to go home. the current status of forces agreement signed by the bush administration requires u.s. troops to leafy rack by the end of december. iraqi prime minister indicated this week that u.s. forces won't be asked to stay, quote the agreement with u.s. forces to leave by the end of the year will be implemented on time he told a local television station. there will not be any u.s. forces here. >> as we reflect on things this is arguably the most important chapter in everything that the u.s. has done, and is doing in iraq from 2003 to present. >> reporter: all of that could be jeopardized if u.s. forces

are forced to leave at the end of december. there are 48,000 u.s. troops currently in iraq and many u.s. commander's worry that iran will fill the vacuum if the u.s. is forced to pull out by the end of the year. martha: jennifer, thank you so much. greg: a new warning purportedly from libyan leader gadhafi, a syrian television network has him saying that armed guardsman placed around the country are ready to foyt for him. they will not surrender. this coming as libyan rebels have a massive round up of mostly migrant workers accused of fighting for gadhafi. dominique d-natali is live in tripoli, dominic. >> reporter: yes, finally a message after a ten-day silence from moammar qaddafi on what would have been the 42nd anniversary of his dick tore kwral rule. not much for him to celebrate today, and he had a raid against

the rebels. he said let it be a long fight, let libya be engulfed in flames, he said. libya will be turned to a hell, and the fighting will continue. so very fierce words coming out of him. he continued to call the rebels rats. he went as far to say that nato was collapsing and the rebel alliance was also falling apart and he called them to come together and he said they were heavily armed and they are prepared to put up a fight. we are not sheep he says, we are not slaves, we must continue this fight. similar words came out of his son last night in what was a telephone call to a syrian station on which moammar qaddafi appeared today. a contradictory message from his other son, safi. he said he was prepared to surrender an was speaking on behalf of his father if it meant leading to no extra bloodshed.

they've given him an extra week to allow him to give up. that would lead one to believe that they are thinking about laying down their weapons in a huge siege on that part of the country. casualties could be as high as 20,000, that would be a massive number. final word greg on those african migrants you were talking about. we've seen rebels rounding up migrants in the city here. they are being accused in some cases of fighting for moammar qaddafi. the ones we spoke with said they weren't. they said they are being mistaken for moammar qaddafi loyalists. they could be harmed. it could turn into a humanitarian crisis. martha: new developments in a

mansion murder mystery. what autopsy results could reveal in the death of a farm suit call executive's girlfriend. remember this case? very bizarre circumstances. a child also dying a week earlier. we'll have the latest details on that coming up. plus the president and the speaker of the house going head-to-head over a speaking date. what does this mean when it comes to them working together on jobs. greg: fox news and google partnering to host a republican presidential debate september 22nd in orlando, florida. that debate will be live on fox news, live streamed on foxnews.com. youtube.com. fox news, fox news radio, and fox news mobile. martha: for more first of its kind doe bait details you can go to foxnews.com and check it out. you can check it out during the break. we'll be right back with some more of our top stories of the day. [ jon ] up in alaska, we find the best sweetest crab

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for you. tomorrow the san diego county sheriff's department will release autopsy results on rebecca zahau. you might remember this story her naked body was found hanging from a balcony with her hands and feet bound inside her boyfriend's mansion. his son died days after after falling down the stairs of the mansion. suicide, homicide we'll find out more information. a desperate search for erica lopez. she recently broke up with her boyfriend and stopped taking her medicines for schizophrenia. there is some alarm there. closing arguments in a trial of a man accused of opening fire in a nursing home years ago. robert stewart is faced with murder charges. he faces the death penalty if con be victoriad. greg: tensions remain pretty

high in washington d.c. despite a month-long summer vacation or break, president obama agreeing to delay his prime-time address to congress by a day. the move comes after john boehner put his foot down. he says the white house ignored quote decades if not centuries of protocol in not getting his permission first. charlie hurd is a come umist for the washington times. he joins us live. charlie the quote of the day actually goes to a former clinton administration official, let's put it up on the screen, i love this. this childish gamesmanship reconfirms that washington is sandbar box full of petition ooh length children who don't play well together. you know what, charlie, i bet they couldn't even agree on when to take a bathroom break. this is just petty and silly isn't it? >> it is absolutely, it's embarrassing, and it's actually kind of terrifying when you stop and think about the monumental

problems we face right now. but, you know, president obama, you know, the campaign he ran in 2008 was -- i've always believed this, it was a brilliant campaign, it was a smart campaign, it was a perfect pitch at a time for somebody just like him. and he promised, he was the adult in the room, he promised to come in here and change the way washington ran, change the way it operated. this sort of petty gamesmanship is worse than what it used to be. it's just astonishing. and it's really sad to have watched over the past three years a guy that kim in with so much promise i would argue just has fro fritterred away to actually he looks worse than congress. he got rolled boy a congress that, yoby a congress, that you

couldn't have lower approval ratings than we have for congress right now. greg: the onus was problem below on the president, he's the one that was asking for the joint session of congress. everyone knows how it goes. either the chief of staff or assistant to the president picks up the telephone, calls the speaker of the house, and says hey, want a joint session, this is what we're thinking of, we are thinking this date and time. apparent hrae the phone call was made but they never said the date and time. was that incompetent, is it purposeful? is it hard to know? >> it's impossible to know. it will be interesting to see after time passes when we get the real store row on the inside. i imagine that inside the white house right now president obama is really furious, or at least the president obama we knew who ran in 2008 would be furious at this kind of ridiculous behavior. and remember when he announced that he was going to give this jobs speech there was no great urgency to it. he went off on vacation for two

weeks, or for a week, and then there was going to be another week before he was going to give it. there was no great urgency. to suddenly demand urgency and say that it has to be on this date that has been set in stone for a longtime for a very important debate, you know, there is no excuse for it, but i don't -- you know it's sort of hard to even fathom how they could have arrived at it. greg: to be fair the flip side doesn't look so great for john boehner. he sends out this letter saying we can't do it because we come back that day. it doesn't give us enough time to do a security sweep. that sound like a vacuous excuse since boehner makes no mention of the presidential debate which may have been the real reason. >> absolutely, gregg. i think the real reason boehner didn't put in the letter. but i would actually argue that what he did was very adult like,

very speaker like in sort of giving obama some cover by not getting into the little tit or tat business. if he really wanted to kick sand in his face, he would have said, okay, fine, let's do it and then have half a chamber listening to his speech and then i would argue a very large majority of people tuning in to one of the other would have tuned into the gop debate, not the president's jobs speech and that would have been carrying this even further and a real humiliation for the white house. greg: there are so many great and important issues that can be discussed intelligently and maturely. they had to know there was a debate that night, the white house staff. why pick a fight on something that is utterly insignificant. you know there is going to be blow back, you've got to know it. >> yeah, and no substance. it's not about, you know, do we raise taxes, lower taxes,

anything like that. it's about the time at which you offer -- you know, your solution. it just makes absolutely no sense. greg: and again boehner could have taken the high road, go ahead mr. president, we'll do whatever you want to do and hold the gop presidential debate a couple hours later so they could immediately respond and then arguably up stage the president. so many ways to handle it and it just comes across -- everybody is kind of a looser on this thing. thanks very much, charlie hurt. it's great to see you. martha: a man accused of smiling on dozens of women and girls through their computers and that's not the half of it. what else authorities said he did and how he is being punished now. stunning new comments from the white house counterterrorism chief, what he's saying about the fight against al-qaida, its leadership and the possibility of another attack on the u.s. hey, the new guy is loaded with protein!

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greg: right now a california man about to be sentenced in a disturbing computer hacking case that authorities are calling sextortion. >> reporter: it was a stunning invasion of the privacy of more than 200 people. the man admits he hacked into computers by disguising malicious software as popular songs. this gave him access to the private emails, documents and photos of teenage girls and young women. the 32-year-old hacker could also watch them live through web cams and listen to their conversations through a computer microphone without their knowledge. he could even view nude photos they had taken of themselves. then he'd threaten to post the images on the internet unless his victims sent them more racy

photos or videos. he threatened to post the pics if they called the police. he posted pictures of one of his victims online. he pled guilty to computer hacking and wiretapping. he is going to be scheduled today. prosecutors want a seven year prison term. they say it's an unusual case, because the santa ana man was not interested in getting money, he was motivated by sex. they say the victims are scarred for life by this. they say he's a sophisticated computer hacker who allowed him to record every key strokes. he also posed with victims boyfriends and asked them to make pornography videos for them. he told investigators that the boyfriends, and husbands asked him to make the videos to see if they were cheating on them. it affected 230 people including

mark inors. martha: senior leaders of several world powers are meeting at a democratic dinner. they are attending a libyan summit. these nations, include include america, france, and others are there. just considering the time right now, is right now the time to do this? >> well there are still obviously a lot of questions about what is going to happen in libya. obviously the moammar qaddafi regime seems to be gone but there are big questions about stability, big questions about governance. how do you get the economy going and also reconstruction. this is a time to talk about things, but there is obviously a lot of work ahead of this group of countries. martha: it struck me as i was reading through some of the news of the day that we've talked a lot about what kind of weapons exist inside of libya and who might get their hands on the

weapons. should the same questions be asked about the money? who is going to get a hand on a hundred billion dollars, the estimate? should we be concerned about that and that being potentially a threat to our national security. >> obviously the weapons are a big concern. ten tons of mustard gas. missiles. we need to be concerned help don't go in the wrong hands. the money is another issue. many countries have recognized this council. they will be the successor government to moammar qaddafi there and they are taking steps to release about a hundred billion dollars to this government. there are questions about what makes up this transitional national council and there are concerns about some islamist elements that might be among them. this should be looked at. libya should be haeubl to stand on its own two feet and deal with it's reconstruction. we have to look out for our national security interests to make sure the money doesn't fall into the wrong hands. martha: i'd like to get your

thoughts on this other story that we were looking at today, peter. the white house counterterrorism chief john brennan did an interview with the associated press about the state of terrorism right now. this is how he describes al-qaida. on the steady slide, on the ropes, taking shots to the body and head. what do you think of that character ryization? >> he's talking about al-qaida in pakistan which included osama bin laden, zarqaw, there is a lot going beyond pakistan. i'm very concerned about what is going on in africa and the arabian peninsula and yemen, very dangerous. a number of plots have been hatched there. al shaeuz shaab, a lot of plots in africa, especially east africa.

a number of bombings today in iraq, a number of bombings recently. there are a lot of things to be concerned about. when he says al-qaida i think he has to parce that down a little bit. there are dangerous affiliates that are threats regional low and globally and to the united states. martha: he also said there i not another osama bin laden out there. >> i'm really worried about us becoming complacent. that is a major mistake. we've had three plots hatched out of al-qaida in the arabian peninsula in 18, 20 months. especially in the shadow of the anniversary of 9/11 we have to be very cautious about saying that this thing is over and what progress we are making. we cannot afford to become complacent it's a major enemy that we face. martha: victory has changed as

well in some senses. it's certainly something we'll continue to watch mere not far away from the anniversary of 9/11. peter thank you so much for joining us again today. >> thank you. greg: the suicide of a university student triggers the toughest antibull antibullying law in the country. did this law go too far? with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help lower a1c. [ ma announcer ] glucerna. helping people with diabetes find balance.

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jenna: a fox news weather arert or fur colorado -- alert for you, thunderstorms over the gulf of mexico. in the meantime, katya becoming the second named hurricane this season. janice dean is keeping an eye on all of this from our fox news extreme weather center which has certainly earned the name this year, j.d.. [laughter] >> reporter: jenna, yeah. i want to point your attention to the gulf of mexico because we are watching this big blob of convection over much of the eastern half of the gulf of mexico. we think this has the potential to become a tropical depression or even a tropical storm within the weekend, but regardless of what it develops into, this is one of the forecast models that we are looking at in terms of excessive rainfall over the next five days. look at the amount of rain we could do dealing with along the gulf coast. up to over a foot of rain just east of the new orleans area. so this is something that we have to really monitor. they need the rain in this region, but not so much of it in

if just such o short period of time. some of the forecast models are saying we could see upwards of close to two feet of rain, so while i don't want to cause hype, i do want people to be well aware of what could happen along the gulf coast including our friends in new orleans and southern mississippi where tropical moisture is going to impact this weekend starting today and over the next three to four to five days as we think this system is going to stay off the coast. so, again, we're going to be talking more about this throughout the next several days into the long labor day weekend, and folks across the gulf coast region, you really need to pay close attention to your local forecasters, okay? this is katya, and can we do believe it's going to become a major hurricane, but right now we don't think it's going to impact land. that gulf of mexico system could impact a great deal of land across the u.s. and, jenna, we'll bring you the very latest. back to you.

jenna: sounds good, janice, thank you. >> reporter: okay. gregg: what's being called the nation's toughest stand on bullying is now the law in the new jersey. it's following the suicide of rutgers student tyler clement. he killed himself amid charges he was bullied. public schools in the garden state must now combat bullying with extra resources including a bullying specialist in every school, extensive counseling sessions, coordinators, you have to file a lot of paperwork every time there's a complaint. a fair and balanced debate now. richard baza is executive director of the new jersey association of summits, also phillip decastro, an education consulting firm that's training teachers and administrators on this new law. mr. bazas this going overboard? is. >> we think it is in its application. we're taking away, i think, the judgment of teachers and others to be able to work with kids to

resolve problems and creating everything into an investigation that eventually leads from the principal to the school superintendent right up to the school board. so beyond that we've got to now supervise what happens outside the school walls 24 hours a day, seven days a week. when there are reports that bullying has happened outside the school, it comes right back to the school, and they have to treat it as though it happened there. we've been asked to do a lot of things without resources. on the positive side, training and education is all good, but we're questioning whether the resources are there to commit to making this law a success. gregg: mr. decastro, here's how "the new york times" put it, front page, lead line: gregg: as i understand it, you're a lawyer, so i imagine you look at this from a different perspective. but, my goodness, do we really want to take it that far? when cops get involved, as you know, lawsuits start flying.

>> well, i think crimestoppers is a program sponsored by a private organization that that school district contracted with. but in the new jersey law, i think the new new jersey law's workable. it needs to be tweaked a little bit, and i think the legislation will evolve as the year goes on and as school districts experience some of the problems that are in the law. but i want to say that there are many school districts, if not all, have been doing this for years and have been complying with an anti-bullying law since 2002. the uniqueness of this new law is the strict reporting requirements, investigation procedures, very strict timelines that sometimes might make it very difficult for school districts to comply with. gregg: but i wonder where they're going to come up with the resources, not just financially. if you borrow some guidance counselors to do this, you're looking at countless hours of compliance requirements. i mean, i just -- then you don't have counselors counseling, they're doing something else. but, mr. baza, do you see this

escalating beyond reasonableness? johnny complains about billy's shirt, and suddenly he's a bully. >> well, i'm pretty sure that what's going to happen because there are penalties associated if you don't report and follow up that teachers and school personnel are going to report everything that could possibly be considered as bullying. we're going to spend more time on those kinds of investigations because that's what the law requires, and, yes, you're right, the resources to the handle that just aren't there. gregg: mr. decastro, one last question to you. what if a kid harasses another kid on the internet? is the school district required to sort of monitor the internet 24 hours a day, seven days a week to make sure that their students aren't bullied? >> the new jersey law does require consequences in a reporting procedure for bullying conduct off school grounds under certain circumstances. gregg: who's going to do that? i mean, everybody's got a facebook page. >> the new jersey law tie into the old tinker standard that

says if, in fact, the act is going to materially or substantially disrupt the school day, the school district has a right to get involved and impose consequences. that is probably one of the most difficult provisions of this new law. gregg: you know, whatever happened to reading, writing and arithmetic and parents disciplining their kids and telling them what's right and wrong? richard and phillip, thank you both for being with us. >> thank you. jenna: the bad economy is now impacting death row in ways you may not believe. we have more on that story just ahead. and before you hit the road today, listen up. we're going to tell you which city has the worst drivers. place your bets now. plus, making it to the big leagues, quite an accomplishment, right? being forced to access rise? -- accessorize? not so much. the story behind the adorable backpacks major league pitchers are sporting and why they have to do that straight ahead. ♪ f!

megyn: hey, everyone, i'm megyn kelly. president obama calls on congress to get past the politics and get to work on jobs, just as he scheduled his big jobs speech on the very night of the gop debate. now the white house is backing down, displeasing the right and the left. so who won here? probably not the american people. plus, a half billion dollar green jobs federal loan winds up failing. big time. how did that happen? we investigate. and cher's child who is transgendered set to compete on "dancing with the stars". some fans say they are outraged. our power panel reacts. see you top of the hour. jenna: new information right now as the stories we're watching across the u.s. from inside our control room right here at fox news headquarters. one of the top tennis players in the world pulling out of the

u.s. open. venus williams revealing she has an autoimmune disease that can cause fatigue and joint pain. also, a high surf warning in hawaii. forecasters saying only the most experienced surfers should brave these waves. and allstate releasing its annual safe drivers report. fort collins, colorado, congratulations, you top the list. drivers in our nation's capital, washington, d.c., you lose, coming in last for the third year in a row. gregg: i thought it would have been new york drivers. [laughter] in this very tough economy, counties all over the country are looking to cut costs. it turns out the saving, that saving the lives of some of our nation's worst criminals. dan springer is live in seattle with more on that. >> reporter: yeah, gregg, the number of death sentences handed down has dropped 60% in the last decade, and prosecutors say the spiraling cost of trying those cases is one of the reasons and the impact on their budgets.

studies show that they are two to three times more expensive to try and defend than nondeath cases. here in king county, washington, there are two capital cases going on right now costing a total of $4.3 million just for the defense. neither case has even gone to trial, and in one of the cases the defendants have confessed to the murders and said they wanted to be put to death. the expenses being racked up in motions and the defense teams hiring experts to find mitigating evidence, in other words, some kind of past abuse that would explain their behavior and lead a jury to a sentence of life in prison without parole. the prosecuting attorney calls it a common strategy by the death penalty industry. >> they want to drive up the costs, they want to delay the cases forever only to be able to turn around and use those as arguments why we should get rid of the death penalty. >> reporter: in recent years three states have abolished the death penalty partly due to cost even though polls show two-thirds of americans support capital punishment. california is one of the 34 states that still has death row,

but a group called taxpayers for justice is trying to end it. leaders say it costs $4 billion to try and appeal death cases resulting in just 13 executions. >> we should take that $4 billion and give it to teachers, keep the kids in school. that is the way to really protect society. >> reporter: and gil has, obviously, had a change of heart since he was a district attorney. he is most famous for the time when he was back in 1995, he was the da in los angeles county overseeing the prosecution of o.j. simpson. and in that says he did seek the death -- in that case he did seek the death penalty. gregg: dan springer, thank very much. jenna: back to school time is still happening right now, so this story caught our eyes as sort of a fun thing to take a look at on this thursday. hazing is a way of life for rookie relief pictures. a guy would need some steely nerves to endure this, and this is happening right now in the

baseball league. [laughter] girly backpacks are apparently in. hannah montana, dora the explorer. hello kitty. i did see an r2d2 backpack as well. you name it, some of these major leaguers are wearing it. that's kind of cute. the baseball league doesn't have an issue with this, quote-unquote, hazing as long as it maintains a spirit of innocence. and as you can see the angel wings, a spirit of innocence, indeed. if you're going to a baseball game and you see this, it's just a little hazing of relief pitchers. we don't do that for new correspondents at fox news, but -- gregg: yeah. maybe a barbie or a dora the explorer. i've been known to borrow my daughter's backpacks. jenna: really? gregg: on a recent vacation i was carrying a murse. jenna: we're learning more and more about gregg. [laughter] if you go to target and the

backpacks are gone, it might be major league baseball, right? gregg: jcpenney accused of promoting girls' looks over their brains. really? jenna: yeah. you've got to see some of these t-shirts. i'm too pretty to do homework, so my brother has to do it for me. gregg: okay. that's the wrong image to be conveying. well, they agreed to pull this t-shirt, but this isn't the only controversy for a major clothing retailer. what's going on here? a closer look next. [ male announcer ] redesigned power e-trade pro. it's like hardwiring the market right into my desktop. launch my watchlist -- a popping stock catches my eye. pull up the price chart. see what the analysts say. as i jump back, streaming video news confirms what i thought. pull the trigger -- done. i can even do most of ts on my smartphone. really, it's incredible. like nothing i've ever experienced. unleash your investing and trade free for 60 days with e-trade. unleash your investing

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jenna: well, jcpenney is now pulling a controversial t-shirt after accusations it's promoting the wrong message, promoting girls' looks over their brains. the t-shirt said this, "i'm too pretty to do homework, so my brother has to do it for me."

this isn't the first time a retailer is accused of objectifying young girls. sandy rios is the vice president of family pack, and, sandy, we asked this question going into the break, you know, what is going on here? >> well, jenna, a trend, there's a lot of things going on here. i think the parents were objecting to the t-shirt because they don't want girls to be identified as just pretty and not having brains, and that's an issue. but i actually don't think that's much of an issue now. most colleges and universities have more women than they have men, so i think that question, the issue of the intelligence of women, has pretty well been settled. i think the t-shirt makers are trying to have some fun, but the thing i object to the most is this whole business of teaching our daughters particularly that being pretty is so important, calling them princesses, and you're beautiful -- jenna: you know, you bring up a good point, and because you said the princess, i'm sorry to interrupt, but that was on

jcpenney's web site -- and they're just one of the many retailers, by the way -- and one of them was pretty, pretty princess, another one said, and i think we have it, the best subjects. and it has a list, and it says dancing and boys and music, and i believe music -- there it is, is the one that -- oh, shop by is on that list, too, that's good. so music is circled. so the question then becomes where do you draw the line between humor and fun and sending the wrong message? >> well, i think, you know, as a parent you have to decide what your children wear. that's a whole other issue. i won't exactly pursue jcpenney's to take it off the shelves. but this is the point i want to make. i think that we have to wake up and stop telling our girls they are beautiful, they are princesses, the world resolves around them -- revolves around them. that, to me, is more egregious because we are raising a generation of bridezillas. have you watched that lately? it's frightening. the world does not revolve

around our children, boys or girls, they are not necessarily pretty, and their identity should not be on their beauty. we should be concentrating on their character, not on making them feel like they're a princess and they deserve -- jenna: you bring up -- full disclaimer, i was a bride about two months ago, nearly to the date. >> not a bridezilla. jenna: might have been. [laughter] >> i doubt it. jenna: what about the messages on boys' t-shirts? we put tanks and army rangers and things on little boys' t-shirts, and no one says anything about that. so when you put a princess symbol on a t-shirt for a girl, it seems like that gets a lot of attention. but is there something broader going on here for both sides? i guess if i'm digging to the depths of trying to play fair here. >> i think so. i think we are not addressing the issue of our children's character. we are raising a shallow generation. we are a shallow generation raising yet a more shallow generation who thinks the world revolves around them. if we're going to design

t-shirts, how about their interests, you know? music rocks or dogs are wonderful or -- you know, that's not very clever, but why do we have to say i'm beautiful, i'm wonderful? no, not necessarily. and when you grow up, you'll find out there are more people more beautiful, and there are people more wonderful, and then it's a shocking blow, and they cannot cope. we have a generation of kids who think way too much of themselves, and it starts with silly, the t-shirts. jenna: jcpenney did say in a statement, this is not what they stand for. sandy, thank you so much for discussing this topic. one of the t-shirts, by the way, gregg, said trophy wife on it. toefy wife for a 7-year-old. gregg: that's not good. jenna: it's hard to make sense of it. gregg: yeah. well, i have two girls, and i just make sure i tell them they're smart and talented and, yes, pretty, because they truly are, but you've got to say all those things especially if you mean it, and i certainly mean it. jenna: a good dad.

gregg: a man forced to do the unthinkable to free himself in the wilder theness. his story of survival coming up. [ male announcer ] it's a fact: your nutritional needs can go up when you're on the road to recovery. proper nutrition can help you get back on your feet. three out of four doctors recommend the ensure brand for extra nutrition. ensure clinical strength has revigor and thirteen grams of protein to protect, preserve, and promote muscle health. and immune balance to help support your immune system.

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