you'll do a special tribute song to one of your heroines. >> yeah. dolly parton. i love her. i co-wrote this song about her, how she would handle a turkey, a guy that's not so nice to her. >> very nice. >> does she know you've written the song? >> yeah, she really likes it. >> have you told them the song or are they going to be winging it, your band? >> they're so professional. they could wing it or -- they're going to follow it. >> check out her new c.d. the title is "some lessons learned" and we just heard "fathers and daughters" if you'd like to down load it, do it. thank you very much. >> thanks for having me. bill: so the republicans go two for two, winning a pair of house special elections, one of them a stunning upset seen as wake up call for the white house, he's 70 years

wupbg -- young, but a newcomer, bob turner, taking the seat from ann 19 weiner, but says this election was all about the white house and president obama. >> this message will resound for a full year. and it will resound into 2012. the only hope are our voices are heard and we can start putting things right again. bill: you thought the earthquake rolled through here three weeks ago? here's the political earthquake now. wow, going back to the 1920s, good morning, i'm bill hemmer. martha: good to see you, good morning, everybody, i'm martha maccallum. last night's special election, it all started when congressman weiner resigned in june after that whole thing with the racy texts and message, we'd like to put that in the back of the memory bank, but it ended with turn -- turner taking away that democratic seat held since 1923, in a district where republicans

are outnumbered 3-1. shocking. bill: it seems like the world is tilting on its head now. eric shawn, live, what happened here? >> reporter: it's seen as a stinging rejection of president obama and his polices. the improbable speckter of a conservative republican? trouncing his democratic in what is the most heavily democratic districts in the nation. bob turner is a retired 70-year-old businessman, he did even better than the pollsters predicted, he defeated his opponent by focusing his campaign on president obama, his handling of the economy and polices regarding israel. he defeated w-fpl eprin despite heavy union support, the associated press saying turner won by that margin of 54-46 percent, two points more than the polls predicted. >> we have been told this is a referendum. and we are ready to say, mr. president, we are on the wrong track.

>> [applause] >> we have had it with an irresponsible fiscal policy which endangers the entire economy and every one of our social safety networks. >> reporter: turner said it's also the start of a rejection of president obama's polices, that he predicts will spread across the country through next year. bill: what are democrats saying about this? >> reporter: democrats in new york are stunned, and the finger pointing has begun. some others say this is not a referendum on president obama, just a special election. there's a statement from the democratic campaign committee that says the result necessary new york '09 are not reflective of what will happen in november november 2010 when democratic challengers run against the incumbents who voted to end medicare and cut social security, while protecting tax leap holes for big corporation and ultra wealthy. last night, weprin refused to concede. >> this is not over yet.

it's going to be a long night, with still a lot of votes to be counted. we're not sure where they're all coming from. and there's quite a few paper ballots, absentee ballots and affidavit ballots in the thousands, so this may be a very, very long night. >> reporter: in light of this morning observers don't think the democrats have enough votes to make up the difference. bill: it is a remarkable outcome there. eric, thank you, eric shawn, you know, the polling suggested turner would win and it was right in the end, a little better than some thought. eight points at the moment. martha: turning was lagging eight years ago, down 6 percent and it completely flipped around in the last few weeks, so the fallout from this upset has sent shock waves across the political landscape, and looking at this map, you can see clearly why, folks, a sea of blue surrounds new york city and its outer suburbs, but district nine is now in the red category, and it's been a long, long time since that happened. that district has not been

represented by a republican since 1923, and that is raising serious concerns for democrats and for the white house as well. so the loss reverses a trend in special elections as well. over the past five years, democrats have won five republican-held seats. republicans have turned only one single democratic seat. so we'll see if there's any momentum in that. bill: there was also another vote yesterday, results and now getting a win in tkefz, handily, mark amaday, that state's newest member of congress, he swept cath democrat kate marshall, 58 percent of the vote there, nevada, you remember, is a swing state that helped president obama win the white house in part in 2008, the winners telling supporters it's, quote, time to start a change, republicans, 242 seats in the house now, 192 for democrats. both republican winners last night. bob turner and amodei will be meg kelly's guest a bit

later today on "america live". check that out at 1:00 eastern time with megyn. martha: how about this, folks? as you look forward to 2012, pennsylvania is pushing a new proposal that would change the state's electoral college process. this is important. the governor looks at legislation that would follow a model in nebraska, but maine has more electoral votes and now they follow the winner takes all approach which most states do, that means every candidate that takes the popular vote would take the electoral votes but if that's split between republicans and, think about the possible rom fiction -- ramifications in pennsylvania when you consider that pennsylvania, florida, ohio are big, big states. bill: they certainly are in the middle of the country, and in a moment, we'll talk to the republican louisiana governor, bobby jindual, from the south, he threw port his rick perry for president, and don't forget, fox news team hopes up with google for the debate september 22nd, next thursday night. you can submit questions for

all the candidates, foxnews.com, scroll down to the spotlight section, click on the presidential debate there, and there's a link to submit your question. click on the ask a question tab, and then you can either write us or submit a question or submit a video if you like in the form of a question for the candidates. that's thursday night, it all goes down. martha: you know what else is getting a whole lot of attention this morning are these really ugly numbers. u.s. poverty, explode to go a new record high. according to the latest report from the census bureau, poverty in america hit 15.1%, that is the highest level that we have seen since 1993. now, take a look at the average american household income for a family of four. right now it's at 49,445. you can see the peak back in 1999-2000, that was during the internet boom period, so we've got the lowest number now, we're down in this area, since 1996. let's bring in gerri willis of the fox business network. gerri, americans are used to

doing better and better every generation. >> reporter: that's right. martha: these numbers don't reflect that. >> reporter: they don't. this is the third drop in a row, third year in a row that incomes have dropped, middle income americans, taking it hard here. i've got to tell you, our incomes have been the envy of the world, you showed the numbers, the average income, $49,445. look, this wipes out all the gains of the 2000s, it even takes us down 6.4% from the incomes before the recession this is the legacy of the biggest and deepest recession since the great depression. this impact on middle income families, we're seeing young people hit very, very hard, their rate, probably higher than the rest of the country and staying more with mom and dad. the impacts are falling along generational lines and race lines. martha: we're seeing it hit blacks and hispanics in very large numbers as well. we're going to look at those numbers in a little while. gerri, what does it say

about sort of the overall drift? there's a look at that, african-americans, 21-point -- 27.4% are under the poverty line, hispanics, 26.6% under the poverty line. what we're seeing is this migration of jobs and so much of our manufacturing coming from china, and when you think about this, this trend has really been going on for quite a long time. >> reporter: it's been going on for quite a long time, and when you see a third of some groups falling below the poverty line, look, this is not good news for anybody who holds elected office, i got to tell you. these are the kind of fact that is make people change track when they choose their leaders. obviously, that's one of the conversations that will go on. but look, we have to provide jobs to americans. that is the next thing to talk about. obviously, we haven't come up with a policy response that works here. but americans, middle class americans, taking it on the chin here. these numbers are not good. look, the only bright spot here, martha, really, women, doing better.

really seeing an increase in their income. but that's really against the trend. martha: still making less to the dollar than men. surprisingly enough in those numbers. gerri, thanks. we're going to talk more about this. this is a fundamental change in the way the american economy is forming -- performing and you have to ask, where are we head from here. bill: it is job number one, nding jobs, fixing the economy, so is reforming the u.s. tax code the right formula? wisconsin congressman paul ryan, releasing a video, focusing on what he says is the most critical issue before congress, eliminating loopholes in the tax code to restart the economy. congressman ryan went on the record to talk about that last night: >> capitalism, we pick winners and losers in the tax code through loophole, some businesses don't pay a lot of taxes, make good money because they use loopholes, others play by the rules and pay high tax rates. we're saying get rid of the

loopholes, lower everybody's tax rates so the determiner of whether a business fails or succeed is not some congressman putting a loophole in or whether or not they're good enough, whether or not they have a good product, whether or not they're innovative or not. that's the kind of thing we need to spur growth and economic ingenuity in this country. bill: ryan went on to say that many democrats support hisle proposal. expect more on that as we move through this. martha: senator jim demint is coming up on that as well. those are a few of the stories we're covering. got a lot more, though. how about this, you've seen the videos that are so outrageous of kids getting patted down in our airports, so the tsa is talking about big changes in all of this. that could be bring news. we'll bring you that in a little while. bill: new details on a scandal involving the white house and a solar power company, why the white house allegedly pushed through loans for that company, even though it was in serious financial trouble. we're digging a bit deeper on that today. martha: plus, a mom, making some unwanted headlines

today for encouraging a school yard brawl. we're going to show you this video and tell you what she's saying and what others are saying about this crazy, crazy behavior. that's coming up. >> she was cheering the fight on, egging her daughter on. >> she had her on the ground, they were pulling hair and she was punching her in the face.

martha: firefighters in texas are already pushed to the brink. but they are now rush to go contain a wildfire that's burning inside the george bush park in houston, texas. the fires quickly spread, it's eaten up 10 acres of land we're told now, crews are setting up a fire wall, hope to go protect that densely hop lated neighborhood nearby. the fire started tuesday in a park, a park that was already damaged by a wildfire a couple of weeks ago. bill: not over yet, is it? there are new numbers that show the texas governor rick perry gaining popularity

among republicans from the folks at gallup. perry scores a positive intensity score of 24 percent among his fellow candidates. perry's biggest competition right now, the former massachusetts governor mitt romney who gained in this survey, her main cain at 2 percent, rudy tkpwa*ul ane-- giuliani at 18 there. >> we're big guys, rick perry and me, we understand that now and then we'll step on each other's toes. look at this, we're going after one another, when this is over, we'll come together and support whoever the nominee is. are there ever any points of friction between us, of course, that's the nature of tpwheg a political battle, and yet, we all agree that one of us has got to replace barack obama and that he would be an absolute disaster to be president for another five years. bill: so bobby jindal is governor of louisiana, a perry supporter. good morning to you and thank you for your time. >> good morning, bill, thank you for having me. bill: why rick perry?

>> you know, for me, this election is about one issue primarily, it's about job getting the economy growing again. unfortunately, we've got a president, president obama, who believes the way to do that is to raise taxes, spend more of our money, borrow more money. he's proposed stimulus part two, even when the first stimulus didn't work, didn't keep unemployment below 8 percent like he promised, hasn't proposed how he wants to eliminate the $14 trillion debt. you contrast that with governor rick perry, as governor of texas the last two years, they've created nearly half the jobs created in this country, he understands we've got to cut regulations, cut taxes, control government spending. fundamentally, governor perry understands that the federal government doesn't create jobs, that the federal government spends our money when it creates new government jobs, it actually costs taxpayers. rick understands the private sector creates jobs. he's not just talking the talk, he's walked the walk. bill: let's talk a little about that talk, because you were his guest monday night at that debate in tampa,

florida. this whole suwill social security and whether or not it's a ponzi scheme or not, is that clouding the issue or is that important right now? >> i thinko woel, i think it's a very important issue. i think rick deserves a lot of credit for being brave enough to say what we all know but our leaders have been too afraid to tell us, that social security needs to be preserved for those that are already in retirement, nearing retirement, it needs to be improved for younger workers. the reality is last year for the first time since the early 1980s, social security spent more than it took in. that's going to continue to happen for the next foreseeable future, the next several years, and the estimates are that by the time i get to retirement age the trust fund won't be there anymore. the reality is it's not on a sustainable path. he has the courage to say what the others have said that we've got to reform the entitlement programs. bill: let me apologize here but let me be more clear about this. social security is very important, there are millions and millions of americans who live off it

every month, some 60 million americans today receive some form of social security check. but when you think about jobs and the economy, health care reform, are those issues what should be debated right now? and they should be making the headlines and not social security? in other words, is this whole thing a distraction at the moment for what could be bigger topics? >> well, i clearly think jobs and the economy are the number one issue, and that's why i'm supporting rick in that you've got president obama who never has run anything, until he was elected president, governor perry has managed not only as governor of texas, they have now grown their economy to be the second largest in the country while he was governor, passing new york. but going back to social security, one of the things the federal government can do, in addition to cutting spending, not raising our taxes, cutting regulations, is to show the american people that there is a real plan of balance the budget without raising our taxes. part of that solution is to show they've got a plan to deal with entitlement costs. part of that is showing the american people the president has -- the president has got to show

the american people social security will continue to be there for them but right now on its current path it's not going to have the money to meet its promises. bill: two quick questions, then i've got to run. do you see the perry-romney matchup going the way of the clinton-obama in '08 where it's dragged out through the primary season? >> who knows what's going to happen between the debates and i'll leave that to the pundits to predict how long this is going to take but the bottom line, it is healthy and good for republican voters and others to see the debates, to see the contest. for too many years it's been said that republicans take turns and we nominate our presidential nominee. i think it's a healthy thing, you've got this clash of ideas and debates and they have to offer de bailed -- detailed policy plans. i think it's good for the party and good for american voters. bill: what do you think with district nine and bob turner winning, what does that say, governor? >> what a victory. it's been a democratic seat for decades, geral dean ferraro seat, chuck schumer, now a republican seat. it is one of the most

democratic districts and one of the most democratic states, voters are saying enough to president obama, the economy is the number one issue, the reality is he wants to spend, borrow more, unemployment is above 9 percent, this shows voters are saying enough is enough. bill: bobby jindal, thank you. don't be a stranger, all right? we'll be calling you again in baton rouge. okay, thank you. martha. martha: how about this? we showed you this video yesterday, they made a life or death decision to save one man, without worrying their own safety. this whole group of people who got together. a person, underneath that burning car. the incredible effort to rescue him, and now we're hearing the emergency calls for all of this. listen to this: >> okay, i think i'm going to back up. the motorcycle was spitting out fire, and i don't know if it's going to explode or not. are you still there? >> martha: more of those dramatic 911 calls, and we

will hear from one of those heros who just would not stand by and watch. we'll be right back.

bill: we are now hearing from the dramatic response from police while a group ofby stander necessary oudz pulled a man from underath a burning car. listen here: >> there was an accident in between a four door sedan and motorcycle. >> is anybody hurt? >> yeah, one guy -- i can't see on the other side but i think the motorcycle rider is down. >> the motorcyclist? >> yes. >> okay. the motorcycle is on fire. >> the motorcycle is on fire? okay. hold on one second for me, okay? are you guys 1800 east, are you that far or 1200 east? >> bill: here's the video, complete strangers ignoring their own safety, they go in to lift this burning car,

sand save the man's life, because he's trapped underneath it. local police, trying to track down everyone who helped in this picture here and trying to honor them for their bravery of the here's one of them. listen here. there goes the man. here is one of those who helped. >> i was close to his head, he wasn't breathing, when i pulled, he started to breathe. i was afraid, because we were very close to the fire, it was a very tall fire. i don't think i'm a hero. i just was in the right moment to help him. bill: wow. well done. that motorcycle driver, said to be recovering, says he's grateful to all the strangers who saved his life. i bet you is, huh? i read where he only had broken bones, only broken bones, after watching that, huh? >> martha: it's just an incredible story, and when they pulled his body out, he

looked lifeless and the fact that he was able to respond and thank people today, it's nothing short of a miracle and grateful to those who chipped in to help, and the person who pulled him out from under is truly a hero in that story. so it was nearly a day-long assault, terrorizing hundreds of staffers at the u.s. embassy in pakistan. then the guns finally fell silent early this morning, but now there are new questions about the afghans' ability to defend themselves as u.s. and nato troops draw down there. dominic di-natale is streaming live from kabul. >> reporter: martha, it was an extraordinary attack in afghanistan, lasting some 22 hours in total, much of the seige around the u.s. embassy was focused to just five hours of afghan forces repelling the attackers into a multi-story building, about 300 yards from the

embassy. the embassy itself was between six and seven -- had seen 6-7 direct hits from an rpg, according to ambassador ryan crocker here. however it was this morning local time that the police took journalists down to the scene where they had dragged out the six bodies of militants they had killed in that particular building, mostly militants that had been shot in the head. it was a very grower and bloody scene from what we understand from those down there. what does this say really about the state of afghan forces and whether they're going to take charge of security come 2014? it's a big question now really, martha. it's been a stunning attack. however, the casualties have been low. martha. martha: what an incredible scene, dominic. thank you very much. we'll stay on top of that story with your help. dominic di-natale. bill: we saw the president yesterday on the road, he goes back on the road today to talk about his jobs plan at a factory in north carolina. the problem, that factory just shipped its jobs to

costa rica. the fallout over that. we'll look at it. martha: an extreme patdown tsa edition, folks. how many have we seen of these, kids getting patted down. but now there's something new on this. >> we teach our children not to let anyone touch you, we teach them not to let any adults touch you, and then it's supposed to be okay as soon as we go through a airport. that's unacceptable.

bill so some new tkphapbgs airport security, the tsa now easing the security screening measures for children under the age of 12, and peter doocy, live in washington on this morning. peter, how will the screening be different for children? >> it's going to be a lot less invasive, no more taking off shoes and no more patdown toss involve private areas for kids under 12 because the tsa is going to cut out their one size fits all in airport security and switch to a risk-based plan so instead of taking off shoes and patted down, the under 12 set will instead make multiple trips through metal detector respect or other screening machines and be tested for explosives. millions have been required to take off their shoes. in december of '01 when reached reid tried to blow up his boots and they were subjected to more patdowns since december of '09 when an underwear bomber tried to blow up his pants. bill: so what the security

agents have always told us, that tsa says, is the terrorists adapt to what we do, whether you're 75 or whether you're five years old. is there fear that they'll try and manipulate this to carry out some sort of attack? how do they respond to that? >> >> reporter: it's interesting. since terrorists have tried to use children and kids as vehicles for their attacks in the past homeland security secretary janet napolitano says the tsa is still going to try to throw changeups so they can't manipulate any changes to our system. listen: >> there will always be some unpredictability built into the system and there will always be random checks even for groups that we are looking at differently, such as children under the age of 12. but i think the traveling public will begin to see some of these changes really in the coming months. >> reporter: and the tsa says this week is when the changes are going to start kicking in, they say it should strengthen and streamline screening for

everyone. bill: we'll see how it goes. i'm cure the -- sure the kids will be happy and the parents probably very pleased, too. peter doocy on that story, thank you, from washington. martha: all right. big day on the jobs front, president obama is out to tout his jobs plan today. he heads to north carolina. he's going to go there to explain how he plans to get americans back to work. one issue, though, is that the manufacturing company that he's going to be speaking at has just decided they will open another new facility, except that one is going to northbound costa rica. that's raising some eyebrows this morning as you might imagine. jointly alan coomes of the radio show, his eyebrows are way up as you can see, tucker karlson is here as well, editor of the daily caller and fox news contributor. so what do you think? is that a problem? >> i think the optics are bad. they actually -- if you look at the metrics it's very different because this is a company that's invested $2.5 million in plants in the united states, they've quadrupled their investment,

they've tripled employees since the year 2000, so they're really a north carolina company. we're talking about 24 employees, by the way. yeah, i can understand why republicans would beat up on the president but you know, no matter what he does, they're never going to like very much. by the way, what's their jobs plan? i'd like to hear what the republicans' jobs plan is. i've heard no specifics. martha: tucker, what's your reaction to the costa rica thing? they have one manufacturing plant in the united states and a lot of companies have different plants in other countries than the united states. >> that's -- that's right, a lot of people have jobs off shore, they don't want to deal with the unions and the obama backers and the regulations. this is not the only company that's doing it, but this is a metaphor. it's a metaphor about the truth of the obama administration, which is no clue of what they're doing. they can't even put together a photo op that's embarrass -- that isn't embarrassing. he's not taking the jobs plan seriously, not going to get through congress, this will never be the law of the land. this is a 2012 campaign device designed to blame the

republicans obviously. martha: i want to talk about the jobs front but i want to show you this, because this is going to keep coming up. optics are optics and they're different than metrics as alan points out but the problem is they're going to be used by the other side in ways like this. let's take a look at mitt romney, this is back at june in a similar plant kind of situation. >> you look around and see the weeds growing and the windows bored up you can recognize that it's more a symbol of the failure of obama economic polices. -- boarded up, you can recognize that it's more than a symbol of the failure of the obama economic process. it couldn't survive the depression, it couldn't survive the obama economy. >> that's a plant the president had spoken at in previous months before romney was there, in michigan. then you have the things with driving the bus, it was actually made in canada, and it raises one question, before we move to the jobs plan, and that is does the white house not get it in the way they're presenting him and why would they step into these pits without it

being necessary? >> no matter what he does, they're going to do minute things that don't show the picture. mitt romney is a fine one to talk about job creation. again, what's his plan other than broad generalities and what's his record? he doesn't talk about his record of jobs in massachusetts when he's on the campaign trail as rick perry does, for example. martha: you both raised the point about the jobs plan and what i find really interesting is the difficulty that it's turning out, that the president may have from democrats on this jobs plan, you've got jim webb, mary landrieu, tom carper, all democrats, all complaining about what's in this jobs bill, and when you couple that with the new york nine, it looks like some are running for the hills from this plan that the president is rolling out. >> new york nine was about a lot of local issues, by the way. >> look at what people reacted to and the fact that they voted for president obama 11 percent in a

democratic district, it's not surprising. >> you're the lone japanese soldier in the junk ul at this point. war is over. you're going to see democrats running away from the president starting today. jim webb is not even running for reelection. >> and -- here's the single biggest problem with this, quote, jobs plan is that it prevents people from writing off charitable deductions. what do you think universities and hospitals and charities that serve the poor are going to think about this, how are they going to be affected? >> can i hear the republican response? >> i'm not sure there is a republican plan. i just know what's happening now is a disaster and we should admit that. >> give me the better plan. >> take your throat off the foot of the economy. >> that's a nice bumper sticker but what does it mean. >> it's not a bumper sticker, it's true. stop sucking up to the unions, dereg rate. martha: that was the republican plan, you heard it from tucker karlson! alan coomes, always good to talk to you, thank you very much, guys. bill: 20 minutes before the hour, we have a check on wall street in a moment, see how stocks are reacting and a big blow to president

obama's health care law, a judge ruling the central theme of that law was against the constitution. will that now change the course of the controversial law? florida governor rick scott is here and he is on deck. martha: and we are following you, pretty much everywhere you go. take fox news with you, find out how to get it on your cell phone, smartphone. and bill has all these devices with him all the time. get alerts, watch video, watch the latest clips from your favorite shows. we're just going to be with you everywhere you go, on the shower, on the beach. we're with you, buddy! we'll be right back.

martha: let's get you a look at some of the top headlines we're covering now. iran's president says that the american hikers would be released within days. now, iran's high court stepping in, saying not so

fast, they're going to review the potential release of the american hikerses -- the potential release. the hikers have been held two years now. >> elizabeth warren has lost the u.s. senate bid in massachusetts, the architect of the consumer financial protection bureau. she's going to take on republican scott brown in 2012. and nasa unveils a design for a new gigantic rocket, it is bigger than the rocket that went to the moon! and it is designed to go much, much further, to infinity and beyond, in fact. it's going to cost $35 billion, and they're going to start testing it in six years. bill: i've seen that in a cartoon somewhere! a new setback for president obama's health care overhaul, a judge in pennsylvia late yesterday ruling that it's unconstitutional to enforce that mandate to get americans to buy health care. that's the mandate part of it. the issue brought nup that republican debate a bit earlier in the week. listen here: >> we are never going to get rid of it unless we have a

president committed to getting rid of it, and if you believe that states can have it and that it's constitutional, you're not committed. if you implemented this in your state, you're not committed. i'm committed to repealing omabacare. >> thank you. bill: all right, rick perry is the governor of florida, and he's in the studio. nice to see you. >> how you doing? >> i'm fine. >> you're part of this health care challen and you can pick a different courtroom, you can pick a different judge, depending upon what week it is or what month it was, you have a victory in pennsylvania but a week ago, a judge in virginia gave you a a defeat. what do you make of this? >> it's unconstitutional. look, the government can't tell you what you should guy. -- buy. it doesn't make sense. so it's actually unconstitutional. our case in florida, we are going to win. wee won the 11th circuit, i'll looking forward to getting to the supreme court, we have a great together, pam bondi, a great legal argument. it just doesn't make sense.

what can they not tell to you do, then? they can tell you to buy whatever they want you to buy? it's your money. it makes no sense at all. bill: we had an analyst on friday and he's making the argument the supreme court will not take this up in 2012, they'll actually do it at the end of this year, 2011, which would then set them up for a decision in perhaps april, may, the springtime of 2012 and you'll have six or seven months to debate this during the election psychem. i know you and everybody thinks the supreme court will have the final word on this but will it happen this fall or sooner rather than late stpher. >> it will happen sooner rather than later. i ran on jobs. this is a job killer. people are scared to death of the cost of this. i fought this in 202,009, and in my race last year for governor so many small business people said i'm not going to add jobs, i can't afford this. it's the biggest job killer ever, it's bad for patients, for fax -- taxpayers. i'm doing, i've got to get

jobs going. we created 70,000 private sector jobs but this is hurting our ability to create jobs in this country. bill: in florida, you're a case study for america. when you think about jobs, when you think about the real estate market, the issue of social security, which is now front and center in the republican party, and in fact, just listen to how this came up in the debate in tamper kwrarbgs florida on monday night. roll this: >> the question is, do you still believe that social security should be ended as a federal program as did you six months ago when your book came out and returned to the states or do you want to -- -- do you want to retreat fromna. >> i think we ought to have a conversation. >> we're having that now, governor. >> it's i'm to have a legitimate conversation in this country about how to fix that program where it's not bankrupt and our children actually know that there's going to be a retirement program there for them. >> governor, the term ponzi scheme is what scared seniors. bill: what are people in florida saying about this? >> whether you're talking about social security, whether you're talking about

government pension plans, we need to have a debate, because we've not prefunded these plans, and we've got everybody relying on these plans. we have got to fix them. we've got to make sure that people that rely on these plans, the money is there when they retire. so i've got the same issue. we've got the federal issue on social security, but i've got the same issue on my pension plans. bill: what are they saying about this debate now? do they believe it's a ruse like rick perry says or are they scared to death to lose it? >> i think everybody realizes there's risk. if you get your social security statement, it says it's only 76 percent funded, there will have to be changes, so i think people are very concerned about the change, but as americans, we made a promise, these individuals with social security, we've got to live up to our promise, and i'm glad we're having the debate but we need to have a debate about that, we need to have a debate about jobs, because look, i personally believe the election is going to be about jobs, who's got the right blueprint. bill: if that's the case, you brought it up four times now, what would you do to kraut skwraebs -- create

jobs in second? >> step one, we have to reduce corporate tax rates, we've got to reduce regulation, we have to say look, we want a safe environment, we want clean environment, we want health care for as many americans as we can cover. but we also need jobs. and so who can pay for it? because you know, the thing about it, when you go to the store you don't say gosh, i want to pay more for that product because that company has more regulations attached to it or not. so you go to price. what we've done, when you're shopping you say i'm going to buy the nonamerican product because it's cheaper to do business there. bill: was there anyone on that stage in tampa on monday night who you said that's the right message? >> i think a lot of them have the right message. i think it's good to have all these debates. i want to have a healthy debate, i think we're early in the process. i think that it's going to come down to who's got the right jobs plan. i think that there's a lot of good ones, a lot of good candidates. bill: i understand you're not going to step in that bucket yet but at some point you have to and next

thursday we'll see you in florida, we've got a great debate. >> a big day on the straw poll. bill see you there, governor rick scott, thank you very much for your time. >> okay. bill: to viewers, head to foxnews.com, click on the bya box, leave a question for the governor, anything you want to ask, also, hemmer, foxnews.com or follow me on twitter, bill hemmer, bya, because you asked. governor, thanks again, okay? all right, martha. martha: there is a potential scandal brewing for the obama administration. some new e-mails surfaced on a massive loan to a solar power company, even though the white house was very much concerned about the economic viability of that company. brand new information on that. we'll be right back.

bill: well this, is one record a lot of folks are not going to cheer forbes yesterday, north texas marked the 70th day of triple digit heat this

summer, that breaks the record set in 1980. that state paying a high price for that distinction. that heat, combining with extreme droughts, spawned historic fires, is being blamed for dozens of heat-related deaths. they lost some 1500 homes in texas alone. martha: all right. here is an uplifting story for you. there's a group of wounded veterans that will not let that stand in their way, in april, they became the first group to reach the north pole and now the group which is called walking with the wounded, they've set their sights higher this time, going to the top of the world. julie ban banderas is joining us with that inspirational story this morning. hi julie. >> reporter: it is incredible what these men are capable of and what they've accomplished. they are on a mission to show the world and the fellow wounded million colleagues that anything is possible and they mean anything. earlier this year, the team of four british military veterans made it into the record books, becoming the first team ever of unsupport

ed war wounded amputees to reach the north pole, they say the major challenges of the north pole expedition was the cold trekking through temperatures of minus 45, worrying how prosthetics would hold up in such temperatures and the constant fear of frost bite, and now having conquered the north pole they have a new team of wounded veterans who have set their sights of climbing mount everest. each will be challenging in its own way. >> life goes on, you know, you've got to push onward, which i think having been out here in new york for the last two days, you have the tragic events, but life goes on. >> we know prince harry is also involved in this charity, isn't he? >> >> reporter: princ harry is a big supporter of the charity, he even joined part of the north pole expedition. last night they held an event on the intrepid.

prince harry was not there but they told the story of the expedition to the north pole and they talked about the preparations for the everest attempt. one of the goals of the charity is to bring together u.s. and u.k. veterans who were injured in the line of duty and carry on the special relationship between the two countries. >> we're here to try and further the relationship between the american wounded and the british wounded. we fight alongside each other, we tragically die and are wounded alongside each other, but then we all would rather go home and get on with the rehabilitation in our own back yards, and i know there is a great desire for prince harry and others to see that there is a closer link between our two countries thereafter. >> reporter: with the wounded organizers, they're hope to go raise funds while in america and partner up with a u.s. military veterans organization to find new american recruits to join future expeditions. pretty cool stuff. martha: that's a good story. julie, thank you very much. bill: truly is. checking the markets, what are we doing?

treading water, right? up 11 points. reacting to problems in europe, again and again and again. it was up yesterday about 44 points. we'll watch the markets through our show today. a go-to accountant for democrats, a closer look at the madoff scam and who has been hit the hardest. martha: republicans sweeping two special elections yesterday, so will these victories tell us a little something about the trend as we head towards 2012? that's the big talk today.  are you receiving a payout from a legal settlement

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billion dollars in tax money. newly discovered e-mails from the white house budget watchdog, shows that the white house was concerned about the company, before they gave them this massive guarantee federal loan and then it was rushed through omb and they tried to get the results of their work on it so they could do a big announcement, that joe biden could do and that is how we get started with this brand new hour of "america's newsroom" and it is a tangled web untangle it. bill: those e-mails indicate the government was already skeptical about the company's financial stability and had been skeptical for some time. but, the administration appears to be so eager to announce the taxpayer funded shot in the arm, which is part of the president's clean energy initiative... >> the true engine of economic growth will always be companies like this, companies like this are leading the way, toward a brighter and more prosperous future. martha: that was the hope, from may of 2010.

from the president and the loan came more than two years ago and today, the california solar panel maker is belly-up. bankrupt. is what they filed for, the fbi has been going through all the documents, sitting down with executives in their homes and this is a huge mess and charlie hurt has been watching it for us, a columnist for the washington times and, charlie, welcome. what do you think happened here? >> i think quite frankly the white house went you know -- let politics dictate how they spent, you know, the stimulus money. and, i think they got sweptp in it and i think, you know, to give them full credit, i guess, they actually believe that it was the future and this is where it was the economy was headed, even though, obviously, the company was not able to do it with private investment alone and so they put us taxpayers on the hook for over $500 million of this stimulus money that was

supposed to spur the economy. and... martha: troublesome story. >> and it went belly up. martha: and it is getting worse, the "washington post" got their hands on these e-mails and we want to show everybody what they a and indicate what the white house's knowledge was, trouble within the company and here's the first one, given the time pressure we are under to sign-off on solyndra we don't have time to change the model, from an omb staffer, who was pushed to come up with the numbers on the company and these quotes are connected, if you guys think this is a bad idea i need to unwind ww, the west wing, quickly. that comes from rob klain, an advisor to vice president joe biden and, the deal is, quote, not ready for primetime, front office of management and budget and you can see the back and forth between management and budget, trying to come up with numbers on the company, and the vice president's office, and, mr. klain who say, we are about to do the big announcement, you

have to tell us if we're good to go and clearly the white house was tipped off there may be problems with the financials here? >> absolutely, and, the white house spin we are hearing today, oh, no, no, no, no, we weren't pressuring them, we were trying to acquire information about when they were going to approve. it doesn't pass the laugh test and it's not even spin, it is fantasy. it is absolutely -- it amounts to pressure and ron klain is -- one at the time one the of the highest members of the administration, and, this was intense pressure and, one of the most interesting things i think about, any of it is, it is not like... not like nobody was predicting that there were going to be problems, there was a... there was a prediction from a financial consulting firm who looked at the company, solyndra and predicted that the company would run out of money in september, 2011. they went bankrupt, on august 31st. martha: wow. >> so it is not like the

information was not available to the white house. and to omb and to the department of energy. martha: it is a weird situation, and, the executives from the company were supposed to testify today in front of congress and their lawyer, said, we are not ready and would like to come back maybe september 19th and talk to you folks and, the spokespeople at the company claim they had no idea that they were anywhere near bankruptcy, but, of course, the administration is pointing out the bush administration, also, was very supportive of the company, charlie? >> though they declined to give it any kind of loan like this and one thing to make, it couldn't come at a worse time for the obama administration, latching the effort to get a new stimulus package passed through congress. you know, we're not hearing a lot of blowback and a lot of attacks on the stimulus proposal but i guarantee you, it will fuel serious, serious reservations about approving a new... martha: pr on that front, charlie, thank you so much, from the washington times, always

good to see you. in march of 2009, solyndra got $535 million, loan guarantee from the department of energy. it was dependent on that company, raising an additional $198 million in private investments, which they did. and there were plenty of private investors who also thought the company was a good thing and a year later, price waterhouse cooper had an audit that raised doubts and they agreed to restructure their debt but by the end of last month, they decided bankrupt was the route they would go and laid off 1,000 workers and thursday the fbi rushed in, and the department of -- raided their documents, at the company's headquarters in california, and, lots to be told in the tale, folks. bill: see how the hearing goes today, president obama taking the jobs plan on the road, second day in a row, hoping to sway folks in a machine company in north carolina. but, back in washington, senate majority leader, harry reid is warning about a tough road ahead. and, he's pointing his fingers

squarely at republicans. >> there are things in that bill that have been accepted over the years, routinely, by republicans. tax cuts, would seem to me what they could have done, very easily, that would have been, i think, very smart on their behalf and good for the american people, say, okay, here's what we like and we'll passthis. and, the president's bill, wield be happy to do that tomorrow and they didn't do that. they put you a carte blanche, we don't like it. bill: what about all of that? we'll talk to south carolina senator jim demint about why the president might want the bill to fail? really and whether or not it could be a strategy for 2012. stay tuned, martha? martha: and brand new poll numbers showing skepticism about the president's plan for slashing unemployment, will the obama jobs plan jump-start job creation? that is a question in the latest bloomberg poll that you are looking at here, 51% say no, 40% say yes. only pouring fuel on the fire, 56% of independents say they are

skeptical about that. hopes of staying in the white house. bill: and, the election season is more complicated for democratic candidates in california. turns out a firm that managed their books is not licensed and the owner may have stolen hundreds of thousands of dollars in campaign money. among the alleged victims, senator dianne feistein who says she has been wiped out. anita vogel is live in l.a., what is the latest on this. >> reporter: good morning, bill, that is a scandal that is still unfolding in california. the long time democratic treasurer, who works with the biggest names in politics, including dianne feistein, who really doesn't know how much of her $5.2 million campaign account has been pilfered. he handles money for other high-profile politicians, like congresswoman laura sanchez and susan davis and they handled campaign money, documenting

contribution an authorizing expenditures and activities caught the interest of the state's fair political practices commission, which turned its investigation over to the feds. and now she's accused of federal fraud charges and bilking clients out of possibly millions of dollars. >> it looks like gross misappropriation for trips, for shopping, for family, we don't know the full list yet. but, those of us, again, who knew her and worked with her, just... it is mind-boggling how somebody could do this. >> reporter: now, she was arrested earlier this month on suspicion of fraud charges and is due in federal court, on october 19th. now, keep in mind she had access to roughly 400 bank accounts, and so, bill, we don't know how many more charges there could be and one u.s. attorney says there will probably be more charges coming. bill: something to watch, anita vogel and some people compare it to the bernie madoff wipeout, politically speaking. what is next? martha: congress, president

obama's calling on congress, i should say, to pass his new jobs bill, very important on his agenda right now and was the plan actually designed to fail? is one of the questions that is being raised, senator jim demint on the accusations that the american jobs act is basically part of the re-election plan for president obama, that is the charge and we'll talk to him about that. bill: also, a new poll putting mitt romney against barack obama, wait until you see how they stack up if the election were held today. brand new poll out on that. martha: hair pulling and hay makers in a backyard brawl but you won't believe, folks, who was egging on these two girls. >> the girl went after the mom to slap her, or something, and the mom grabbed her by the hair and started kneeing her in the face and chest. i'm really glad we took this last minute trip! you booked our room right? not yet, thanks for reminding me. wait, what? i have the hotels.com app so we can get a great deal even at the last minute. ah, well played sir.

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bill: new this morning, flames scorched 100,000 ac tr,000 acre

minnesota, now, smoke drifting hundreds of miles, covering parts of chicago and milwaukee with haze and a very bad smell and people with breathing issues told it is best to stay inside. >> coming home from work today and noticed when i came outside, in this area, especially there was a strange smell and i couldn't tell what it was. >> burning my eyes and lots of sneezing. >> people have asthma and emphysema and people who have chronic lung diseases and... need to stay indoors as much as possible. bill: the fire was triggered by a lightning strike, a month ago. minnesota, rare, huh? martha: back to the washington scene now, where president obama says he wants congress to pass his jobs bill, right away. you heard him say it lots, but, now, political experts believe that the $447 billion plan may have actually been purposely designed to fail, in congress, in order to boost the 2012 chances. what do you think about that? senate republican leader mitch mcconnell says g.o.p. lawmakers are backed into a corner.

>> all he's doing is proposing a hodgepodge of retread ideas aimed at convincing people a temporary fix is really permanent, and, that it will create permanent jobs, and, then daring republicans to vote against it. martha: all right, so the white house is responding to claims that the president's jobs bill is more of a campaign push, and here's jay carney. >> you know, i have been asked the question, you are absolutely right. it is a campaign. the president is campaigning. for growth, and jobses. -- jobs. martha: that was carney in the press briefing yesterday and here's south carolina republican senator jim demint, senator, good to have you here. welcome. >> thank you, martha. it is good to be with you. martha: good to have you here, sir. what do you make of the claim that it was, you know... i mean, there are both sides of the fence on this one. one side says the president, basically, designed this so they set it up so republicans could do nothing but vote against it

and the finger would be pointed at you guys and said, look, we gave them a jobs bill and they wouldn't pass it. >> well, martha, mitch mcconnell is exactly right. if we vote for the plan, we'll own the economy with the president and he desperately needs someone else to blame it on and if we vote against it he'll try and say congress blocked his ability to create jobs. the problem he has is, even when there was a democrat congress, house in the senate, he couldn't pass these tax increases. so, he knows it is not going to pass, the way he set it up. he's hoping he can buy votes with his payroll tax deductions and the problem is, he apparently is not listening to the businesses that create jobs. because, i have been all over the country, whether it is manufacturers in south carolina, or oil rigs, coal mines, everywhere and what they are telling us is that the president's policies are killing jobs.

obamacare and dodd-frank and the excessive spending and debt and regulations pouring out of his administration, have got... created so much uncertainty, no one knows what to do and on one hand he has his little proposal and the other hand, the people who create jobs are saying, stop killing our jobs. martha: you know, i mean, when you look at this, folks are saying why doesn't the g.o.p. come forward with a specific plan or harry reid said, late yesterday, you know, there is definitely things in here republicans would sign onto, why don't they at least come forward and say, we're good on number 1, 2 and 3 on the list and we'll pass that tomorrow. >> well, martha, you are exactly right. and, 47 republicans, all of us, have signed onto a plan that was sponsored by rob portman, a jobs bill, get back to work, america. and, we are going the pull all of that together annual see us presenting that next week. and i mean, these are ideas we have been talking about because we're getting them from businesses, certainty in the

regulatory process, ron johnson has a moratorium on regulations, it wouldn't cost anything, just to stop the regulations, until businesses could figure out what this government is doing to them. and, we can do things with our tax code, with opening up energy supplies... martha: let me ask you this, senator. you know, thank you and i know that a lot of folks are familiar with the general ideas that you support and we'll look at that. but, what about the charge, you know? how do you think it will fly during the election if the finger is pointed at republicans who say, they complained the whole way along and didn't do anything to help the president in the nation's time of need, to get jobs actually moving out there. how will you respond to that when it says you are obstructionist and wouldn't allow anything to happen and, therefore, we all had to wait around for 14 months for the next election? >> martha, that will not sell unless the american people aren't paying attention. the president has gotten everything he wants to this point, to create jobs.

his massive stimulus plan, he said obamacare would help create jobs and lower the cost of health care. not true. he said dodd-frank would help improve credit and create jobs. not true. so, we have got a record of this president. he can't run on his record, because, it failed. and, the fact that we don't pass some... one more short-term extension of government spending and higher taxes, america knows better and we saw that in new york, last night. martha: before i let you go i want to and you among your fellow senators, jim webb and mary landrieu are against the bill as well. are democrats in the senate, starting to leave from the president? >> i think they will and they'll leave on particularly energy issues and the regulatory issues. a lot of these senators are in states where jobs are being killed directly by regulations. and, this is something that would be easy to stop, but the president is just so controlled by labor unions and radical environmentists, that he cannot

act in good faith on behalf of the american people. so, republicans and democrats are likely to come together on alternative job ideas and it will be to roll back some of the policies of this president. martha: very interesting if they come together and the president is outside of that discussion. senator jim demint, it is always good to get your in sight, sir, thank you so much for coming today. good to see you, the author of the book "great american awakening." bill: 20 minutes past the hour, a republican just won new york's 9th congressional district. why is that important? it is the first time a democrat has lost since calvin coolidge was president in that district. >> we have been told this is a referendum and we are ready to say, mr. president, we are on the wrong track. bill: that is bob turner, congressman-elect now and what does the outcome tell us about the race for the white house in 2012? martha: you know, the white

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martha: 24 past the hour, here's a look at some of our top stories, right now. a car bombing targeting iraqi police officers left more than a dozen dead. the bomb exploded outside of a restaurant where police were having breakfast and new numbers

for retail sales, flat-lined during the month of august. august was a tough month all around for the economy. retailers have reported strong back-to-school shopping and auto sales over the month but, now some are worried recession fears could spike weak sales numbers in an uncertain stock market weighing in there as well and a massive fire any chicago power plant, hazmat crews responded as flames spewed from the con-ed facility on the southwest side of chicago. and no word yet on what sparked the fire. bill: 24 minutes now past the hour. there is trouble, some trouble finding a jury in florida for the trial of a millionaire accused of killing his wife. police say bob ward shot his wife, diane in the bedroom of the home and he says it was an accident. and, ward is fighting to save his life but there are tapes of jailhouse visits with his own daughter where they are seen dancing around. what is this about? steve harrigan with the latest on this. why are they having trouble seating a jury, steve? >> reporter: this is day three, right now, of trying to seat a

6-person jury and they are having trouble, largely because of the videos, the jailhouse visits have made their way into videos on the internet. and they are getting a lot of attention across central florida. they show ward and his oldest daughter, mallory, dancing on both sides of the glass, sometimes, the sister in law, dancing as well. and it's not clear whether these tapes will be admissible or whether they will influence the case in any way at all. but, certainly, has made it tough in the short-term to get a jury, who has not seen the film. bill: what do we hear about his story and even his manner when police raised suspicions about his involvement? >> reporter: the story of what happened, that night, two years ago, has changed over time. and initially in the 911 call, he apologized several times for accidentally shooting his wife. and later this night, in interviews with police, he said in fact it was his wife who pulled the trigger, calling it an accidental suicide. but in descriptions and phone conversations with family members, that night he was

remarkably deadpan. >> i probably can't tell you anything right now, other than that she is dead. and it was an accident. and i will tell you more about it later. but, you know, it was a very tragic accident. >> reporter: police have gone further saying ward's mood during their interview with him, on the night of the death was up beat, even cheerful and ward's wife was scheduled to give a deposition on his finances, just days after her death. bill, back to you. bill: mystery continues, steve harrigan on the story in miami, florida. martha, what is coming up. martha: we have brand new poll numbers to show you, that show mitt romney gaining ground after the debate the other night, on president obama and we'll look at how he is stacking up in the battle for 2012, and plus, there is this: bill: a mother's voice, egging on 12-year-old girls to fight each other. we'll tell you the disturbing

video and the story, rather, behind the disturbing video. >> should be ashamed of the mother, and, we're supposed to stop our kids from doing this kind of stuff and not take them there to fight. [ male announcer ] look down.

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bill: fresh numbers from rasmussen reports, he is not leading the republican pack for the nomination but a new poll shows mitt romney slightly ahead of president obama if that election were held today. 40% for the president, 43% for

mitt romney. factor in the marriage inch of error these men are essentially tied. scott rasmussen from the rasmussen reports. how are you doing scott. >> i'm fine. i'm glad to be with you. the important thing in these numbers, mitt romney doing a little bit better suggests that maybe people are watching the rick perry juggernaut slow a little bit. it tells us the president's numbers continue to slip. we talked about the president's support always in the mid 40s a few months ago, now it's always in the low 40s. the frontrunner is a position to be coveted right now. bill: have you polled rick perry head-to-head with president obama? >> we have, we'll have new numbers out on friday. bill: this is a question about press' views and how people see him. you found that 44% say he's mainstream, 44% say extreme.

mitt romney, 48 people say he's mainstream. 26% say extreme. >> when you apply it to the president the numbers are split down the middle. the numbers on rick perry are split down the middle. mitt romney far and away seen with the candidate in the field with the most mainstream views. that is good in a general election context. i'm not show sure it's good in the case for the republican nomination. bill: do they see him as moderate, or what are you getting back on that, scott? >> there are different ways you can define someone as moderate. their ideological perceptive.

he's in the mainstream of the american political dialogue, a little bit safer than other candidates. barack obama can be seen by so many as very positive, by so many as very negative, mitt romney somewhere in between. bill: i know you work for rasmussen, hence the last name. gallop has a poll out today that phept to measure positive intensity and rick perry is on top. >> they asked if you are familiar with a candidate, and if you were they asked your opinion of them. among those who knew who the candidate was and had an opinion they subtracted the strongly neglect lee responses from the strongly positive and came up with this index. what it does it helps a candidate like herman cain that isn't as well-known as mitt romney or rick perry, it helps measure, wow the people who know this candidate really like him. mitt romney has been gaining

ground in the last few weeks. it's picture reversus romney is the current framing of the republican race. perry came in as the frontrunner. some expected him to blow through his debates and you know what he's had some challenges and romney is looking a little better. bill: scott, thank you for that. scott rasmussen. fox news team is up with google hosting a debate next thursday night, orlando, september 22nd. you can submit your own question, and you can do it two different ways. go to our home page, go to googles home page and click on ask it now. same thing at foxnews.com. click on the ask it tab and you can write a question or commit a video question for the candidate. you have eight more days to do that. next thursday night. martha: how about this story, folks, a new york mom arrested was caught on tape encouraging two 12-year-old girls in get in

there and slug each other. one of the girls was her daughter. you can hear her voice, it's a lovely exchange in the background of this tape. listen for yourself. >> take it back, it's mine. [inaudible] martha: all kinds of great shots. just the way you want to be, right as a mom? according to the police this mother actually drove her mother to the school grounds to settle a score with a classmate and when things continue get any worse the mother actually jumped into this brawl, got in the middle of these two girls. you can see her in the blue t-shirt beating up a girl. great. right? judge napolitan andrew napolitano. what about the legal side of this? she was taken in for endangering

the welfare of a minor and attempted assault. >> the phrase, endangering the welfare of a minor is a generic phrase to describe a class of statutes intended to require people in whose charge child are lawfully reposed to protect those children. 50 years ago it might have been acceptable for two kids, usually male to settle things lake like that. the law is written to provide broad and liberal and expansive protection for children and impose a profound duty on parents to prevent children from fighting. because she did the opposite of what the law requires of her, she put her child in harm's way, she encouraged the child to fight, and you could even argue head the child to fight, she did the opposite of what the law requires and hence she'll be prosecuted. martha: one sort of side note on all of this it was prompted by a cyber bullying attack on her daughter, and i am not condoning

this woman's behavior in any way, one of the problems that we have in schools today is that people feel helpless to deal with some of these attacks that are brought against children through cyber bullying and on the internet. i don't know if that is the real reason for the thing, but that's been stated. a lack of rules to navigate the internet for so many children this way. let's move onto this. white castle. man, 290-pound this man weighs, he went in, he says it's embarrassing that he can't fit into the booth and white castle said they would upgrade the booths and make them more spacious for folks that need a little more extra space. white castle says we have so many white castle across the nation, we are upgrading, we can't get to all of them at once. >> he is actually suing white castle. he is looking for an order from a judge forcing white castle to

create more space between the back of the seat and the beginning of the table. he does have a case, we have a federal statute called the americans with disabilities act, whatever you think of the law it allows the federal government to regulate private property. it allows judges to say obesity is a disability and if you deal with the public you have to accommodate it. it doesn't mean every seat has to have it. martha: they say we have folding chairs, and other seating besides the booths does that help him? >> reporter: yes, every restaurant must accommodate people who want to get in the restaurant. he has a right to be fat and help have an obligation to serve him no matter how large his waistline. i don't right the hraeurbgs just talk about them. martha: thank you v. you can see the judge on the fox business

network 8pm and $1 pm eastern on the show freedom wrafp. thank yo watch. thank you judge. bill: the new york's 9th congressional district electing a republican congressman for the first time. our guest says this says a whole lot fo about the race for the oval office in 2012. martha: they got him, bill, gumby, to the poke key. we can't make this up. >> it's hilarious to look at it on the video from what you're saying. of it is a very serious crime and we take it very seriously, and so will the courts. our pipes just don't work as well as they should. sometimes, i worry my pipes might leak. but i learned there's something more i can do. now, i take care with vesicare.

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and the theufrd, fema will give them more money to demolish it and halls it away. here is what the superintendent told me about that policy. >> don't like to use the word insane or crazy, but that's exactly what it is. >> reporter: that's what it is to so many people, including congressman spencer baccas who has written to the president saying fema has to change this policy. it doesn't make any sense at all. it it is senseless and short sighted. martha: does it make any sense

to tear them down. >> reporter: in a lot of these communities they don't have a harden storm shelter. when the schools are rebuilt they will have safe rooms inside but there is no other place for the citizens to go. if you had this facility which would hold 650 people in a central area like the school people could go to that. don't forget back in april during the horrible tornado outbreak 18 people were killed there. brian hol inks worth is the superintendent of the marion county schools. here is what he told me about how the tkepl hreulgs of that shelter would go over in th demolition would go over in the community. >> we are told there are three options and the only options is to tear it down. the people of this count, that structure is built and it's completed, and we'll be in it and when we get the new school and we see these track hose tearing that down. the people will be in an uproar. >> reporter: they will withstand 250-mile an hour winds, that's

the big is tornado an f5 and the force of a 2x 4 being fired at it at a hundred miles an hour. we reached out to people a. they said we couldn't get that. they said they continue to evaluate all the options available to fema and t school district to insure that each community is provided every federal resource they are eligible for under the law, while r-rpling, here is the key part, proper stewards of the taxpayers dollars. you put that statement to the school superintendents and they don't really agree that fema is being the proper stewards of the taxpayer dollar at this point. martha: very interesting story, john and a lot of need for shelter in so many communities recently. john roberts in atlanta. bill: we are getting results, the two how's hrebgss, one in nevada and one in new york, and so many people watching the outcome to try and figure out what is happening across the country. does this now tell us what might happen in 2012? the race for the white house.

first out of new york, bob turner is a winner, back in a moment. >> this message will resound for a full year and will resound into 2012. the only hope that our voices are heard and we can start putting things right again.

bill: we're learning a gunman behind a shooting in a courtroom died. he apparently walked into the crawford county courthouse, asked to see a judge yesterday. when he was told the judge was not in he opened fire. workers there were prepared. listen here. >> i pushed the panic button which we have, everyone has one under their desk, and then i looked up, i called the 11 and i looked up and he was coming down the hall. he had on a long duster an was

still sporadically shooting. i told the girls in the office to dive under the desk. bill: that's what they did. the police say the man was heavily armed, carrying three handguns, a rifle an extra am mission. one person injured expected to be okay. martha: could have been a lot worse. let's get back to these election news, very big news. a pivotal section of queens, new york home to more than of 50,000 people woke up today with a republican congressman for the first time since the roaring 20s. bob turner, who initially was thought to be, you know, very, very long shot in this case ended up defeating the democrat mark weprin in a special election to fill congressman weiner's empty seat. they say it's a preview of what is to come in next year's presidential election.

let's talk with hugh sessions, chairman of the national republican congressional committee, the committee that works to elect republican congressman. this would be a red letter day for you, sir. >> big day, two races, two victories, the nrcc is very happy and our republican colleagues in the house welcome two new members of congress. martha: this is a shocking change for this district in new york. as we said they have steadfasted lee elected democrats since the 1920s. it has a very large orthodox jewish population. mr. weprin is of that faith for them to not elect him in this district that its heavily democratic, i don't think we can under estimate what a change in this election is. are they fed up with anthony weiner and everything that happened. how good is your argument that there is a larger ramification and an indication for the

future. >> the indication we have that is very clear is that the president's policies are not only not working but also in this 9th congressional district of new york and others across the country, including nevada the president has very high negatives because of his inability of his policies to create jobs and opportunities for the american people. and this was very apparent. the president had negative ratings of up to 60%. and when a president carries this kind of baggage into these kind of special elections it r rereverb rates all across the country. the playbook that the democrats were counting on for 2012 they will have to reconstruct. jobs and job creation is the issue in this election. and the president has failed on that issue. martha: going back to this issue of religion, there was a piece written, why obama is losing the jewish vote. he thinks this is the first electoral outcome that is directly affected by president

obama's israel policy and he goes onto outline what has been documented as a declining effort in terms of jewish fundraising for president obama, in terms of those who say they will recommit on what they did the last time around. an effort that he says is going on in the white house to regain that vote. that races a lo raises a lot of questions about other state, such as the state of florida. what do you think about that. >> the pro-israel anjou i shall community has been listening to the republican party not only about the way that she should treat israel as one of our closest friends but what is the foreign policy as we move forward, that america should stand with an ally like israel. we need to make sure that as we are speaking about them that we never put them at risk. you and i both recognize the

president's foreign policy has not been of such a way that israel understood where they stood with the united state and it's created a question around the world about what would america do in the event that there was some bit of compromise. america should stand behind israel, and this was where the republican party is and the president and the democrats are not there on that point. martha: there is more to this story to come. we'll look closer to th the election in florida. and thank you for weighing in on this election. very big day. bill: billions spent on trying to prevent and protect the biggest tere yes, sir target in the united states

martha: picking on the president for late night laughs. >> a study out of notr