two american hikers that are back on u.s. soil. i'm gregg jarrett. >> heather: i'm heather childers. nice to have you with us. now a live look at the new york city hotel where these two fellows, josh fattal and shane bauer who were held for two years on accusations of spying in iran. we'll have the latest straight ahead. >> gregg: in the meantime, a stunning upset in the state of florida now raising the stakes on the campaign trail. last night republican presidential candidate herman cain beating out rick perry to take first place in the florida

straw poll. cain scoring 37% of the vote and raising questions about perry's future. >> reporter: the race for the gop nomination just took on a different dimension with herman cain now winning that straw poll in florida, but the question for cain now a tea party favorite and former executive is whether he can capitalize on the win and build momentum. he doesn't appear worried about that offering this assessment why he won the straw poll. >> the message is more important than money. because i don't have billions of dollars, they keep under playing the fact that my message is resonating. my message of solutions, not just talking about the problem. >> his win even though he trails in national polls could shake up race on the two front runners,

perry and mitt romney. >> i think people are hungry in this country, not necessarily for all republican answers or democratic answers but they want authentic people to lead this country. >> reporter: when asked about the field of gop candidates, chairwoman of democratic party had this opinion. >> it doesn't much matter which one of the republicans get nominated because they are all the same time. this will be a very stark contrast. they are all embracing bear hugging the tea party. they can't move to the right far enough. >> reporter: there is a 9% flat tax plus a national sales tax. >> gregg: so the question is, can per ri recover from this? is his disappointing showing creating a major roadblock in his campaign for the presidency. let's take a look what perry now has to do to gain back the

momentum of fair and balanced debate. >> heather: president obama is on the west coast swing today. his first stop, seattle, washington. he is hoping to raise cash for the democratic party and re-energize fellow party members with the latest jobs plan. ed henry joins us from san jose, california. president's next destination. is he doing the west coast swing what kind of reception is he expecting? >> he is coming out to the west coast hoping to go to liberal bastions and hopefully get a good reception. bottom line he was in washington talking to the congressional black caucus saying take off the bedroom slip ears and put on the marching shoes, trying to make sure the liberals come home to the democratic party. that effort continues today on the west coast. you mentioned some fund-raising

but also as the president cranks up the 2012 reelection effort. he is also trying to rebuild flagging support for the $447 billion jobs bill that he has been pushing so hard. there are a lot of democrats still not quite ready to support it. this morning, one of the senior advisors was touting the benefits of this economic plan. >> the jobs act, the question is are we going to sit by and do nothing? or are we going to do something that is fiscally responsible. tax cuts into the pockets of every middle-class working and construction work are, puts teachers back on the job. >> reporter: he was also on the defensive, answering tough questions from chris wallace, pointing out two years ago the president said it would be a bad idea to raise taxes during an economic downturn. now, he has put $1.5 trillion in

new tax hikes and some of the democrats are reluctant to get behind him. >> heather: also raising a lot of cash out west, isn't he? >> that is right. it starts in a few moments in seattle. he has a brunch at the home of a former microsoft executive. bottom line, $35,000 a couple, pretty steep price. hundred people are expected to attend. paramount theater, a fund-raising event in seattle. two more in san jose tonight and fund-raisers in san diego and hollywood. three days, seven fund-raisers, at least $8 million, that is some serious coins. >> heather: and then some. thank you so much. >> gregg: new tensions brewing in the middle east right now. palestinian president mahmoud abbas telling a cheering crowd

that a palestinian spring has been born. his comments coming a couple days after appealing for palestinian statehood at the united nations. what happens if that bid in the end fails? leland vitter is following s the story in jerusalem. >> reporter: all these celebrations is like a high school senior saying i'm going harvard because he assistant in the application. sometimes it helps to wait a little bit until you get the acceptance letter. the united states has said they will veto a palestinian state if it comes to the security council. so the big question, what are the palestinians going to make as their next step. >> abas returned and received a warm welcome from his supporters. failure of the statehood bid has the potential to deepen the feud between abbas and hamas but also plunge israel and palestinians

into another round of violence. during friday's round of speeches at the united nations a larges crowd gathered proved that extreme broadcast israeli's benjamin netanyahu' address. soldiers also clashed with palestinians on the west bank. to when you look down on the street and you see all the rocks. it's not bullets but something like this hitting you in the head or even arm can cause a lot of damage. >> it's incredibly brutal. you can see all the gas covered here. if it gets to you it's incapacitateding. >> this violence is far from falt tah, there is incredible anger bubbling up. >> they have rejected a proposal

that resumption of the negotiations between palestinians and israelis. the fear is that abbas will call for street protests which could start a cycle of violence that is extremely difficult to stop in this part of the world. >> gregg: thank you. >> heather: women in saudi arabia getting more freedom to tell you about. king abdullah giving women the invite right to vote and run as candidates in local elections for the first time in 2015. he said that women will be appointed to join a male council. hand picked by him. saudi arabia held it's first ever elections in 2005. >> gregg: there are no survivors after the tourist plane crash in nepal. all 19 people on board died. two of them american. it reportedly crashed while in

foggy weather. one witness said the plane hit the top of a roof and broke into pieces. on group was turning from a sightseeing trip mount everest the tallest peak in the world. >> heather: keeping an eye on two storms, main concern is the hurricane hillary which is kurng off the coast of mexico and could turn toward california before it's done. maria is live in weather center. >> we have a third storm system way off in the eastern atlantic ocean. that came off of africa. for the most part, most of storm systems don't pose a major threat. you do have hurricane hilary with sustained winds about 125 miles an hour.

it's south of the southern tip of baja california so the storm system is to take a turn more toward the north. when it does do that it's going to encounter temperatures and more wind shear that are not favorable. so it will be potentially bringing heavier rain into the area. as we head eastbound around the atlantic ocean, we have drop storm orphelia, not getting its act together. a bubble of storm systems so northward and see say east of the east coast of the u.s. then way off in the atlantic ocean we have another relatively weak system. this one in particular does have conditions that are more favorable to rapidly strengthening. it is expected to be a hurricane down the road but it's going to be something we call a fish

storm it's a storm for the fish. we have very warm temperatures in the northwest. that going to be change for tomorrow. you'll notice a drop in temperatures across the state of montana, in the 70s and very cool weather across portions of the great lakes. the for this very first system, upper-level low pressure system that has been producing waterspouts over portions of lake michigan, that will be bringing in cool temperatures. tomorrow a high of 60 in chicago. we do have a potential for severe weather from this storm system across western portions of tennessee and arkansas. we'll continue to monitor that throughout the evening today. >> heather: we have video of waterspouts. pretty amazing stuff. >> gregg: very happy day in new york city. wanted to take a look at camera shot in manhattan. this is the news conference where the two american hikers

who had been inside iranian prison for the better part of two years. they will be speaking shortly. they are finally on american soil. sarah shourd may be there. we're going to be live inside that news conference as soon as it begins. >> heather: exciting day for them. growing concerns over the shaky global economy. how close to the u.s. to a double-dip recession and could europe's debt crisis be brought in. >> and a hells angel leader killed. we'll tell you why cops are declaring it a state of emergency in that area. [ male announcer ] this is the network.

a network of possibilities... ♪ in here, pets never get lost. ♪ in here, every continent fits in one room. it was fun, we played football outside. why are you sitting in the dark? ♪ [ male announcer ] in here, you're never away from home. it's the at&t network. and what's possible in here is almost impossible to say. today i own 165 wendy's restaurants.

and i get my financing from ge capital. but i also get stuff that goes way beyond banking. we not only lend people money, we help them save it. [ junior ] ge engineers found ways to cut my energy use. [ cheryl ] more efficient lighting helps junior stay open later... [ junior ] and serve more customers. so you're not just getting financial capital... [ cheryl ] you're also getting human capital. not just money. knowledge. [ junior ] ge capital. they're not just bankers... we're builders. [ junior ] ...and they've helped build my business.

>> heather: welcome back. you are looking at live shot inside a new york city hotel, parker meridian where we are waiting for josh fattal and shane bauer to speak. and they were held for more than two years on charges of spying in iran. we expect them to make some

statements shortly. and also family members are expected to be there that will take questions and our own, anchor of happening now who has been following the story. she is there to cover it, as well. stay with us. when it happens we'll take it live. gregg? >> heather: first, let's check today's top stories, president wrapping up a visit to germany. catholic teachings are under fire and many have left the church over a sex scanned. the pope's final mass of this trip, 100,000 people showed up. a spanish tradition ending tonight. city has banned bullfighting after a massive campaign by animal rights activists. and diana nyad quitting her

marathon swim from cuba to florida. to end her swim about 67 miles when told that toxins apparently from jellyfish were dangerously building up. >> gregg: u.s. secretary of treasury, tim geithner putting pressure on europe's central bank. to take a large role. how much can the united states really do to keep europe's troubles from spilling into our own? joining us now, brenda butner who is anchor of bulls and bears. if the european debt crisis deteriorates, what impact does it have on the global financial system and the concussive effect on u.s. markets? >> it's already having an effect.

as we saw on friday. any mention of default from greece, let's take a look at greece. essentially economy is the size of rhode island. it's not that big, but the fact that it might have a default and there might be a domino effect, spain would go and then portugal and these countries that have been overspending as we have, but they are not able to print the same kind of money because they don't have a central bank such as we do. that is the idea that tim geithner wants to do. >> gregg: so he goes over and meets with the 17 finance ministers in poland and, boy, did they give him an earful. they were mocking him. here is what the austrian finance minister had to say. the americans have significantly worse fundamental data than the euro zone.

i find it peculiar they tell us what we should do. i expected when he tells us how he sees the world he would listen to what we have to say. in other words, geithner should be quiet and listen. >> he is not popular here but anybody who has visited austria or france knows americans are not held in high regard. honestly, geithner was one of the ones who want the bailout. it wasn't particularly popular among a number of people. now, he is saying you guys got to get this act together. the euro was very difficult to put through. the idea with a group of very diverse countries could get together and actually have, not only a common currency, but one

that would back, had the ability to back buying bonds, making those kinds of decisions.... >> so in retrospect? >> the euros, i don't think so. this is a very -- this would be almost impossible i think. and geithner does have some fans britain, asia and of course they are not part of europe. >> gregg: imsf is warning that united states and europe is facing a double-dip recession which is not news to us yet some of the developing countries in the world seem to be the driving force behind economic growth. >> right. >> gregg: let's put this up on the screen, china their gdp is 9.35% growth. india, 7.8%. south africa -- what are they

doing right or the conditions they are in incomparable? >> the conditions are a bit incomparable. china has the government behind it. heavily subsidized subsidizing a lot of industries. these countries don't have to deal with things like unions. they don't have huge pensions. >> gregg: regulations. >> all the things that we are pushing right now on companies, they don't have right now. they are starting out anew in 200 years. >> gregg: which is why many companies including g.e. are moving jobs overseas because they don't have the burdens. >> to india. >> gregg: and china. let me start. herman cain taking the top spot

in presidential straw poll. what does it mean for front-runner rick perry? we'll have a fair and balanced debate. >> from a chilling sights and sounds. this was a high school football field in washington state. hear that, gunmen opening fire sending kids diving for cover all caught on tape.

>> heather: we are waiting to hear from the american hikers back home today after two long years in an iranian jail. you are taking a live look at the new york city hotel where they will speak moments from now. the men were held in an iranian prison on charges of spying. gulf state of oman paying one million dollars bail for the pair's release. they were arrested back in 2009 along with a third american sara

shourd. >> gregg: it may be fair to say the past week was a rough one for rick perry. first he delivers a widely criticized performance in thursday night's presidential debate. then herman cain soundly beats him in the straw poll. perry campaign appears to be faltering a bit. former direct of moral out reach and christy, spokesman for howard dean. christy, let me start with you, l.a. times called the straw poll a starting embarrassment for perry. in fact here is their explanation for it. we'll quote. interviews with delegates that far more likely reason for his

defeat a sub par performance in the florida debate -- >> gregg: several delegates say they were disappointed in his debate performance. christy, did he unwittingly hit the self-destruct button? >> this is a brutal possibly disqualifying week for rick perry. whether it was performance or whether it was one in the midwest and south where he should have performed better than he did in polls. it looks like he may be set aside like michele bachmann was. >> republicans were harboring second thoughts about ordering hpv vaccine and incendiary

remarks about social security. during the debate it was his justification for taxpayer funded in state tuition for illegals that became arguably a polarizing event. here a mber of frank lunds so focus group. >> being told that i'm heartless and that is unacceptable. >> it was that a defining moment that spells maybe the beginning of the perry surge? >> i think the honeymoon with rick perry is over. he has to do far better because it's showings has been terrible and he has to message key issues to conservatives like stance in-state tuition. my advice to him, this is recoverable but you have a narrow window to do it. you probably have about until the las vegas debated to clean up your act.

my advice, look, you have to rch out to mark mckenna and dana perino because your debate has to be better than it is right now. >> gregg: it's not the first time somebody imploded. i think ed musgkee, we don't have the video. but there he is. he later had to withdraw because of it. then the photo of michael dukakisw in a tank, a bid for president in 1988. ironically, the most famous destruct was the guy by the name of george romney that made the comment he had been brainwashed by military leaders in supporting the vietnam war. he went to loser almost overnight. i wanted to ask you about that.

i have to interrupt myself. i want to go to new york city. news conference now, two hikers who were held in iranian prison. sha. >> let's listen in to the news conference. >> dana: afternoon, thank you for coming here today. my name is josh fattal. after 781 case in prison, shane and i now free men.

last wednesday just finished a brief exercise in the open air room at the prison where something totally unexpected happened. on any other day we would have been blindfolded and let led down the hallway by our eight-foot by 13 foot cell bow that day, the guards took us downstairs. they fingerprinted us and gave us street clothes. they didn't tell us where we were going. instead they took us to another part of the prison where we saw a doctor, the envoy of his majesty of oman. first thing salem said. >> he look to us and he said, let's go home.

what followed was most incredible experience of our lives. we were held in captivity almost complete isolation for almost two years. for the past few precious days, we've been experiencing free life anew with our families. in all the time we spent in detention we had total of 15 minutes of telephone calls with our family and one short advice it from our mother. -- visit from our mother. >> we had to go on hunger strikes repeatedly just to receive letters from our loved ones. many times, too many times we heard the screams of other prisoners being beaten and there was nothing we could do to help them.

solitary confinement was the worst experience of all of our lives. it was a nightmare that i had to endure for 14 months. sara's strength during the one hour meeting lifted our spirits daily. one year ago when sara was released our world shrank. in prison, we live in a world of lies and false hopes. investigators lied that ambassador lloyd from the swiss embassy did not want to see us. they told us again, falsely, that he would be given due process and access to our lawyer the courageous and persistent...

and they even told us our families stopped writing us letters. releasing is a good gesture and no positive steps should go unnoticed. we applaud the iranian authorities for finally making the right decision regarding our case but we want to be clear. they do not deserve undue credit for ending what they had no right or no justification to start in the first place. from the very start the only reason we had been held, from the very start the only reason we have been held hostage is because we are american. sara was held for 410 days. two of us were held for 781 days.

that is far too long and far longer than the american hostages at the u.s. embassy in tehran of 1979. it was clear to us from the very beginning that we were hostages. hostage is the most accurate term because despite certain knowledge of our innocence, the iranian government had tied our case to it's a political disputes with the u.s. thank you. i would like to hand over to shane. he helped me through the worst days of my life. i can't imagine how i would have made it through these two years without him. thank you everyone for being

here. we always regret the grief and anxiety that our fateful hiking trip led to and for our families but we would like to be clear this was never about crossing the unmarked border between iran and iraq. we were held because of our nationality. indeed there are many cases of unauthorized entry to iran in which people are simply deported after a short time. we do not know if we crossed the border. we will probably never know, but even if we did enter iran, that that has never been the reason why the iranian authorities kept us in prison for so long. the only explanation for our prolonged detention is 32 years of mutual hostility between america and iran. the irony is that we oppose

policies that perpetuate this hostility. we were convicted of espionage because we are americans, it's that simple. no evidence was ever presented against us. that is because there is no evidence and because we are completely innocent. the two court sessions we attended were a total sham. they were made up of ridiculous lies that depicted us being involved in elaborate american-israel conspiracy to undermine iran. sarah and josh and i have experienced it. we have been told total ace liags from the world strips of our rights and freedoms. you may ask us, now that you are free, can you forgive the iran government for what it has done to you? our answer is this. how can we forgive the iran government when it continues to

imprison so many other innocent people and prisoners of conscience. it is the iranian people who bare the bear the brunt of this criminal cruelty and human rights. there are people in iran who are in prison for years simply for attending a protested, for writing a pro democracy blog. journalists remain behind bars and innocent people have been executed. it's the if the iranian government wants to change the image and use international pressure it should release all political prisoners immediately. they deserve their freedom just as much as we do. in prison every time we complained about our conditions, the guards would immediately remind us of comparable conditions at guantanamo bay. they would remind us of c.i.a. prisons in other parts of the world and the conditions that unions and others experience in

prisons in the u.s. we do not believe such human rights violations on the part of our government justify what have been done to us, not for a moment. however, we do believe that these actions on the part of the u.s. -- however, we do believe these actions on the part of the u.s. provide an excuse for other governments including the governments of iran to acted in kind. thank you. >> we want to express our thanks to everybody helped make it happen. when our mothers were allowed to visit us in may of 2010, they told bus the campaign

the campaign to win our freedom. we owe a lifelong debt of gratitude. their efforts mean we are free and we will never be able to thank them enough. our thanks go first and foremost to our wonderful families who have done for us more than we can ever reee repay. it's been their ordeal as much as it's been our or deal. they have sacrificed so much for to be today and that includes sara and their tireless work to achieve our freedom. we owe them a great debt and our love for you is unqualified and eternal. they include all of our friends here at home and overseas like our families. many of our friends put their

own lives on hold for our freedom. like our families they did so while coping with their own pain about our detention. you are our true friends and you always will be. they include tens of thousands of people in america and all over the world including iran. they have expressed their support for us. donated to free the hikers' campaign, prayed for us each in his and her own way. we will never know most of these people but we want to know we love them and we always will. we thank you for all the energy... we thank you for all the energy and comfort you sent to us while we were dealing wh our darkest hours.

our lawyer took on our case at the end of 2009. he has been determined and brave advocate ever since. he was never allowed to represent us properly but he never gave up. we will always stand by him as he stood by us for so long. his majesty from oman and somali worked ceaselessly to bring us home. we are eternally grateful for their kindness and hospitality that they and people of oman showed to us and to our families. the swiss ambassador to iran and her colleagues never stopped trying to get counselor access

and also to try to resolve our case. we were denied our rights to visit them but we know that she and her colleagues would show up time and again at the prison to try to see us. thank you for your dedication. >> we also want to express our thanks to the many world leaders and individuals who championed our cause. they include the u.s. secretary-general, president of iraq and hugo chavez of venezuela and the governs of turkey and brazil. they were certain of our innocence and that made a difference. they include actor sean penn, great ali, noaam chom sky and

desmond tutu. we will always remember who stood by us. they were also u.s. government officials who worked for our release and some of them found creative ways to try to lessen the tension between the u.s. and iran. counselor consular officials supported us throughout. members of congrs spoke up. ambassador richard shear and the staff at the embassy of oman were quite gracious with their hospitality. they have our gratitude. the sympathy and muslims and other religions us on leaders in america, iranian people and elements within the iranian government that worked for our freedom were also invaluable. thank you. finally we want to thank the media in the united states and

around the world for keeping our case in public eye. it means a lot to us. now that we are at home, we know you will give us the time to give us time to be with our families and rebuild our lives. when sara was about to walk oust prison last year, we said none of us would be free entirely until all of us were free. that moment is now thankfully come. sara, josh and i can now leave prison behind us. we want more than anything to begin our lives anew and with a new appreciation for the sweet taste of freedom. thank you everyone. that concludes the first part.... >> you have been watching live news conference. they are speaking after spending 3481 days in prison -- 781 days,

just over two years there after their arrest in 2009 where they allegedly crossed the border into iran standing by there with them. sara shourd was free after about a year in prison. as expected two prepared statements from josh and shane. we will have much more on the developing story. joining me now for our power panel, k.t. mcfarland fox judith miller a author and fox news contributor. thank you all for joining us. breaking news situation day, we want to talk about this development at the very top. i must say when they both got into the u.s. policy against

iran clearly blaming that on their arrest and what transpired and happened. you know a little bit angry, definitely in their words. >> i any is most unfortunate because this fact these three people would not be alive today had they not been american citizens. they were protected by the fact they were of value to the iranian government. that is why they weren't beaten and they weren't treated the other way people at the prison. i have been to iran many times. i have known people that have been to the prison and they say it's the worse place in the world. our hearts go out to them. >> who cares were there were in iranian space, they were pawns in a much bigger game that they don't pretend to understand. they may pretend but they don't understand. they were released so mahmoud ahmadinejad can come to the united nations i'm a great

humanitarian. i'm releasing these spies, they may also be a prison swap. in the past when the iranians have done this, they snagged americans, held them as hostage and potentially there is a prisoner exchange. we know there are five iranian prisoners they wanted out of american and british jails. this is something yiarns do all the time. >> we only have 30 seconds left. >> the actions, it's a problem here. it's not america, it's not the united states. this should be a lesson learned to all americans, to go to any other countries because they have their own rules and laws. >> heather: thank you so much. we'll be right back after this. irregular heartbeat called atrial fibrillation, or afib, that's not caused by a heart valve problem? are you taking warfarin to reduce your risk of stroke caused by a clot? you should know about pradaxa. an important study showed that pradaxa 150mg

reduced stroke risk 35% more than warfarin. and with pradaxa, there's no need for those regular blood tests. pradaxa is progress. pradaxa can cause serious, sometimes fatal, bleeding. don't take pradaxa if you have abnormal bleeding, and seek immediate medical care for unexpected signs of bleeding like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have kidney problems or a bleeding condition, like stomach ulcers. or if you take aspirin products, nsaids, or blood thinners. tell your doctor about l medicines you take, any planned medical or dental procedures, and don't stop taking pradaxa without your doctors approval, as stopping may increase your stroke risk. other side effects include indigestion,stomach pain, upset, or burning. if you have afib not caused by a heart valve problem, ask your doctor if pradaxa can reduce your risk of a stroke. for more information or help paying for pradaxa, visit pradaxa.com.

>> heather: military revealing the ban on openly gay troops and they are marking the occasion, we're gay, get over it with a head line. based on survey the marine corps was the service most opposed to a repeal. so is the marine corps the new bell weatherer for toll rachbs? joining us is our panel to talk

about this. your thoughts first. >> the military has always been resistant initially to any changes, whether it was desegregation in 1948, women in 1970s. on the other hand when the military ban, they carry it out better than anybody. the issue with marines was they have a policy of two people in one room and that presents issues. the marines as all the military will be at the cutting edge of gay rights. >> whole thing from a political perspective, a political lens, why now? i look at this because obama poll numbers are dropping like a rock. you have high unemployment. i look at this purely political and this is an interesting thing that is going on. i would not have suspected this to happen. what i think obama is pandering to his base and panneder to the environmentalists and feminists.

anything to do to try to prop yourself up. >> i really think that culture has finally caught up with the u.s. military, when you have gay people in every walk of life and on tv, the time had come to do this and military salutes when the congress passes a law. there were 14,000 men and women that were thrown out of the military for being gay. they wanted to serve their country but the time has come. >> heather: thank you for joining us today. >> gregg: president obama is backing campaign mode. he is stumping in seattle this afternoon but there is new concern among democrats that he is weighing down his party. we'll debate it. just one phillips' colon health probiotic cap a day

helps defends against occasional constipation, diarrhea, gas and bloating. with the strains of good bacteria to help balance your colon. you had me at "probiotic." [ female announcer ] phillips' colon health. but think about your heart. 2% has over half the saturated fat of whole milk. want to cut back on fat and not compromisen taste? try smart balance fat free milk. it's what you'd expect from the folks at smart balance. i've got to tell susie ! the vending machine on elm is almost empty. i'm on it, boss. new pony sorry ! we are open for business. let's reroute greg to fresn growing businees use machine-to-machine technology from verizon wireless. susie ! the vending machine... already filled. cool be. because the business with the best technology rules.

today i own 165 wendy's restaurants. and i get my financing from ge capital. but i also get stuff that goes way beyond banking. we not only lend people money, we help them save it. [ junior ] ge engineers found ways to cut my energy use. [ cheryl ] more efficient lighting helps junior stay open later... [ junior ] and serve more customers. so you're not just getting financial capital... [ cheryl ] you're also getting human capital. not just money. knowledge. [ junior ] ge capital. they're not just bankers... we're builders. [ junior ] ...and they've helped build my business. living with the pain of moderate to severe rheumatoid arthritis... could mean living with joint damage. help stop the damage before it stops you with humira. for many adults with moderate to severe ra, humira's proven to help relieve pain and stop joint damage. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events can occur, such as infections, lymphoma, or other types of cancer, blood, liver, and nervous system problems,

serious allergic reactions, and new or worsening heart failure. before starting humira, your doctor should test you for tb. ask your doctor if you live or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. ask your rheumatologist how you can defend against and help stop further joint damage with humira.

president obama on a west coast raising cash and pipping his latest job plan. hello i'm heather childers. >> gregg: and i'm gregg jarrett. the president is due to attend a fundraiser in seattle washington later today he will head for san jose, california. that's where we find ed henry with more. while the president is out selling his jobs plan his team is getting hit hard on some of the proposals. how is he doing trying to sell those tax increases?

>> reporter: well, clearly what he's trying to do by coming out to the west coast is rally more of his liberal base. you have thatter to in the "washington post" in morning about something the obama -- campaign is trying to could to turn out core liberals last night. the president at the congressional black caucus foundation dinner. get out of your bedroom slippers, put on your marching shoes. worried about affected liberals who may be get behind his plan. more moderate democrats have been slow because of what you mentioned. tax increases that the president has proposed. this morning when david plouffe was on fox news sunday, he had tough questions from chris wallace. >> chris: 46% of households pay no federal income tax. and the president thinks the wealthy aren't paying their fair share? >> you can manipulate statistics any way you want. the fact is, -- >> chris: wait a minute you don't think the top --

>> you they are making a ton of money. >> but they are paying 70% of the taxes. >> reporter: the responserom david plouffe beyond that is that many of these tax increases will not kick in until 2013 and beyond. they don't believe it would have a negative impact in had short term on the economy. with the economy continuing to slow down they want to see in jobs bill passed so something can get done over the next few months. >> gregg: it was a withering cross-examination by chris wallace no wonder harvard accepted him into their law school. e president is also collecting cash out west we are expecting to hear from him in seattle shortly. what do we expect? >> reporter: he just wrapped up a branch fundraiser at the home of a former microsoft executive in washington state. a few dozen people there paying something like $35,000 a couple in a few moments we'll hear him.

you can see a live picture at the pore mount theater in seattle, anything -- at the paramount theater in seattle, anything big fundraiser there. tomorrow san diego, hollywood as well. three days, seven fundraisers, at least eight million dollars coming in to either the obama campaign or democratic national committee. serious coin. >> gregg: it certainly is, ed henry thanks. >> heather: big victory for herman cain. pulling off a big upset last night in florida's straw poll. leaving his challengers in the dust! cain took 37% of the straw poll vote. more than perry and romney. what does this mean for the race? steve centanni is live in washington with more. >> reporter: herman cain surprise win inhat florida straw poll amounts to a major setback for perry. adds a new dimension to the gop race.

tea party favorite and former pizza executive, cain picked up 37% of that vote as you said. his victory seen by some as a rebuke to perry who didn't have his best night in the debate thursday. cain says, it shows that he's the one who is offering solutions to difficult problems. >> the establishment and all of these other people, sooner or later, they will are to get out of denial and recognize that my message is what is resonating with the people who are going to cast the votes. >> reporter: perry came in second in that florida straw poll. romney came in third, though he's not officially out competing the two -- the two remain the front-runnerers in the national polls. -- >> the horsepower excitement is on the republican side of the aisle. because people in this country want to save this country economically and this president isn't doing the trick. >> reporter: the president and his supporters say the economy

is slowly improving. the chairwoman of the deck tick party says the gop doesn't have much -- of the democratic party says the gop doesn't have much to offer. >> it doesn't matter which one of the republicans get nominated, they are all the same. this will be a very stark contrast. they are all embracing and bear-hugging the tea party. they can move to the right far enough. >> reporter: meantime, mitt romney won a straw poll in michigan today, no surprise his father george romney was governor of michigan in the 60s. >> heather: i saw that pass through twitter a while ago. thank you steve. >> gregg: rebel forces in libya, unearthing a gruesome reminder today of their country's bloody past, a mass grave containing more than 1200 bodies discovered outside a libyan prison. bodies believe to be those of explain prisoners kill after a 1996 prison protest. not withstanding those painful reminders, people in other parts of libya are starting to

resume their lives, as usual. david piper streaming live fromripoli. >> reporter: revolutionary forces at the moment trying to fight their way into the heart of gadhafi's hometown of sirte. they say their fighters have so fargo within half a mile of there. they are facing stiff resistance as they have over the last several days. they are trying to expand a bridge head in the west of the town. they do say they are not pushing from other positions because they are trying to leave room to allow many civilians to escape the fighting there. there continues to be snipers that are holding up the advance with these guys fighting firing from mosques and other highrise buildings. the intense nato airstrikes throughout the day, according to reports from there, suggest that they are gearing up for another offensive over the

next 24 to 48 hours. they are also trying to lock down the perimeter of the town so as none of gadhafi's followers can escape. radio traffic they've been monitoring suggests one of gadhafi's sons may be still in the town. pro-gadhafi forces did manage to strike back today. they struck from across the algerian border -- >> heather: as greg g was saying after 781 days behind bars we are hearing from the two american hikers just released from an iranian prison. we just heard josh and shane speaking of their experience, declaring their innocence and calling themselves hostages. the pair returning to the united states this morning after being held for more than two years on charges of spying in iran. jenna lee has been following the story since the beginning. she is live in new york city.

>> reporter: nice to see you guys. we just wrapped up the news conference. more days than the iranian hostage crisis in the 80s. just to give that some context i'm here with alex fattal, josh's brother. we've spoken many times. today is the day you have been waiting for. how does it feel to be back with your brother? >> it is wonderful. plane started touch down, we all start add plowedding. like the empire state building has been lifted from our back, wonderful. >> reporter: it looks like he has shorter hair. how dough he look? how is his health --? >> it going to ab a long process to cope. his up and down. nobody slept a lot. everybody is catching up and enjoying being in each other's company. we've waited a long time for this. >> reporter: every time we do this story the question comes up as to why?

why they were on the border? why were they hiking there? what would you say to the americans out there that still have so many questions about what they were doing that day in july of 2009? >> they will never know which sigh of the border on. it is important not to blame the victims. they were essentially taken hostage. right now, they need to deal with that trauma. they've been in extreme isolation. and this was a popular tourist destination. as in any vacation, whether it is just the jersey shore, whatever you are going things can always go awry. >> reporter: you are right. that's well said, alex. one of the things i was struck with by the statements they gave today was talking the u.s. policies in guantanamo bay and some of the cia prisons. they told us those policies gave permission to other governments like iran, to keep people hostage. are they saying the

united states government has some responsibility for their detention? >> i think they are concerned that 32 years of mutual hostility -- the relationship is deteriorating, it is a nonrelationship that enabled a tragedy like this to unfold. that's really the problem here. >> reporter: is there blame on both sides? >> look, the blame is on iran. iran should never have taken them in the first place, they knew they were . the university is government has worked -- diligent to get them out and we appreciate that and their effor reaching out to various governments. >> reporter: what is next? >> take a deep breath, get back to my studies. we are going to move on with our lives. and start playing basketball with josh. >> reporter: that sounds good. we appreciate the time. congratulations to you and your family.

>> thanks jen if that. -- thanks jenna you have done a wonderful job covering the story. >> reporter: we'll keep everyone up-to-date on what is next for the three, sarah, josh and shane say they will return to some sort of activism to help those left in the prison that they just left wednesday. >> heather: thank you jenna. i would add yes, the united states government did work very diligently to help free them, so thank you very much. >> gregg: two storms are churning on it is sides of the country this afternoon. one is a hurricane, hillary in the pacific. forcasters say it could turn toward california before long. meteorologist maria molina is live with more on that. >> we have an update. a few storms we were tracking, tropical storm now as of 5 p.m. no longer a tropical storm. the national hurricane center has basically analyzed the system and determined it is no

longer a tropical system. it has lost its tropical characteristics. it is expected to remain generally weak. ophelia no longer a tropical storm system. you mentioned hurricane hillary, still major hurricane through the southwest of mexico. this system is forecast to continue on a westward track. then it is going to track further north and make a -- actually turn right and actually head towards in a northward direction towards baja, portions of california. it going to be entering cool water and strong wind as loft. we are going to be looking at the system -- rapidly weaken towards the end of next week if he does anything he could bring in very ben fish hall rain that's what we are looking -- beneficial rain that's what we are looking at with hillary. otherwise tropical storm phillipe sustained winds of 60 miles per hour remaining overopen water no threat to

any u.s. land. tomorrow, we are looking at a big drop in temperatures this week warm across the western half of the country well above average in portions of montana, tomorrow only in the 70s. tomorrow cool weather to continue across the great lakes. 60° will be the high in chicago. meanwhile, texas, still hot. this evening, big story the severe weather threat across s of western tennessee through western portions of mississippi as well as arkansas and northern louisiana. right now, we have a tornado watchish you'd for that region in effect until 10 -- until 10 p.m. local time. one tornado warning to the west of memphis something we are looking at. tornado warning just issued out here. you know the drill guys if you live outnapd here please seek shelter immediately. >> gregg: 101 in san antonio, wow amazing. >> heather: ready for fall.

>> almost october. feels like october. >> heather: is america behind on its bills? new study showing americans are paying smaller portions of their debt than they have in years. >> 4, 3, 2, 1! >> gregg: a september 11th, memorial that give new meaning to the saying a light at the end of the tunnel. this year's tunnel to towers run in new york. [ male announcer ] this is what it's like getting an amazing discount on a hotel with travelocity's top secret hotels. [ gnome ] ahhh... [ male announcer ] the easy way

to get unpublished discounts of up to 55% off top hotels. [ gnome ] your fingers are quite magical. host: could switching to geico of up to 55% off top hotels. reon car insurance? or more host: do people use smartphones to do dumb things? man 1: send, that is the weekend. app grapgic: yeah dawg! man 2: allow me to crack...the bubbly! man 1: don't mind if i doozy. man 3: is a gentleman with a brostache invited over to this party? man 1: only if he's ready to rock! ♪ sfx: guitar and trumpet jam vo: geico. 15 minutes could save you 15% or more on car insurance. canake it from australia to a u.s. lab to a patient in time for surgery may seem like a trumped-up hollywood premise. ♪ but if youake away the dramatic score... take away the dizzying 360-degree camera move, and take away the over-the-top stunt, you're still left with a pretty remarkable tale. but, okay, maybe keep the indulgent supermodel cameo...

thank you. [ male announcer ] innovative medical solutions. fedex. solutions that matter.

welcome back. time for a quick check of the headlines. 19 dead, including two americans after a plane carrying tourists back from everest crashes in nepal. the turboprop reportedly attempted to land in dense fog when it went down and disintegrated into pieces. >> horrific discovery in libya, mass grave filled with more than 1200 bodies. the new government saying victims were killed by gadhafi's regime during a 1996 prison massacre. drivers may be feeling

less pain at the pump. new numbers showing the price of gas around the country is down 12 cents in the past couple of weeks. experts saying the decline could be the result of decreasing crude oil prices. >> heather: paying the bills. everyone's got to do i. new study shows many americans are paying off smaller forces of their debt than just a few years ago. -- back in 2007, people in the u.s. were spending 13.96% of their income just to payoff their debt. now we're all the way back down to 11.09%. is that bad? could there be long term impact on our economy? here to discuss senior business correspondent anchor of bulls and bears, brenda buttner. thanks for joining us again. >> sure. >> heather: first, your take on why are people spending

less to payoff debt? >> they have a lot of them are walking away from their homes. i mean some of it is that they may be feeling more frugal but they can't pay their mortgages. they are unable to pay. they are going bankrupt. we are reaching the point where they can't do what they want to do. that's a small percentage. but it does impact on numbers like these. what is really interesting is some people are not paying their mortgages every month. you can go a while not paying your mortgages because banks are so backed up with paperwork that they are not going to foreclose right away. they don't catch it right away. but, they are paying -- keeping their credit cards up-to-date. because they can use their credit cards to buy such things as food and gas. we saw gas was coming down,

because oil was one of the things that has really come down. rare we see oil come down, to see gas come down so quickly as oil comes down that is one positive from the last few weeks where came down, including gold, silver, stocks everything. we are le wealthy now. we don't have the money now to pay down the debt that we really accumulated during the housing boom. that's the issue. it is that we do not have the money to payoff houses that are now under water. we owe more on our houses than they are worth. >> heather: the short term affects and then the long term impact? >> short term affects are that we have to wait until this turns around somehow. until we can hopefully, housing prices start to come back and we can start selling

off, there will be some buyers. i'm afraid that is going to be a little while. >> heather: sooner or later for that? >> i think it is going to be a little while. i don't think we've quite hit bottom. mortgage rates are so low. the problem is, many people want to refinance. and would like to. but you can't, unless you have some equity if your home. there's some people who are considered letting those people refinance that would be huge for the economy. that would be a big boost to the economy. but, would it cause another housing boom or whatever? it would be one way to help people start to spend. >> heather: finally, your advice to folks who are in this situation? what can they do? what should they do, the first thing, in order to start getting this under control? >> a lot of people went with interest-only loans during this period. if there's any way that you can even go to your bank and

say, i want to pay just a little bit of principle so you can get a little bit of equity if you start getting equity, then you can refinance. but you can unless you've got some equity in your house. >> heather: good advice. something people can do right away. just budget for it. thank you brenda, appreciate it. brenda but we are in catch her on bulls and bears. thank you very much. >> gregg: president obama's perils in the polls, causing trouble among his base. we'll tell you how the president's low approval rating may be affecting the future of the entire democratic --. [ male announcer ] butter. love the taste, but want to cut back on f? try smart balance buttery sead. 's heart-healthier than butter. with omega-3s. 64% less saturated fat. andlinically proven to help support healthy cholesterol.

♪ put a little love in your heart ♪ [ female announcer ] somhing unexpected to the world of multigrain... taste. ♪ delicious pringles multigrain. with a variety of flavors, multigrain pops with pringles.

>> heather: time for a check of the top stories. pope benedict xvi wrapping up a visit to his native germany urging fellow catholics to unite behind him. 100,000 turned out for the

pope's final mass of this trip. growth >> gregg: the end of the century's old tradition in pam hroepbl that, spain. -- in pam low that, spain, bullfighting banned. >> heather: diddly sea animals forcing diana nyad to abandon her swim ago tempt trying to swim to cuba to florida for a second time but ended her attempt after being stung by jellyfish and portuguese man-of-wars. >> gregg: there are new concerns president obama may be dragging down members of his own party. take a look at this. new poll conducted in 60 districts in battle ground states currently held by republican lawmakers, 50% prefer the republican incumbent. 41% say they will back a democrat in 2012. critics saying

president obama's recent dip in popularity could be to blame. john fund senior editor for the -- joins us live. john, do these numbers suggest that the president has become a political albatross around the neck of congressional democrats? >> well, these 60 battle ground districts are the seats the democrats have to pick up if they have any chance of taking back the house. it looks like that's an unlikely prospect now. more disturbing, in these 60 battle ground seas which rem 1/7 of the country obama won in 2008 by five points. right now, he's trailing perry and rom night by between four and six points if the election were held in those -- held in those battleground states today the same result nationwide. president obama would lose. democrats would lose ground. >> gregg: john, the president keeps -- congress to pass his

jobs bill and blaming republicans for the intransigence. the president's own party seems reticence. harry reid wants to bring the bill to the floor he could do that in a nanosecond. instead, he seems to be conjuring up what some regard as vacuous excuses to stall it is that a function of the president's unpopularity? >> i think there is a lot caution. harry reid has 23 democratic senators up for election in 2012. they are very nervous about backing obama policies. president obama is probably diagnose to replicate harry truman. democrats still coll the senate. -- if the republican house passes the parts of obama's plan that popular, with republicans, like cutting the payroll tax cut, small investment tax credits, unemployment s and the senate

doesn't act the senate is the do nothing part not pass wag the republicans in the house pass. senate and democrats and president obama have opposite ends. >> gregg: the president has been touring the country recently, giving speeches. urging americans, call your representatives on capitol hill! the members of congress that we've been talking to say the response has been just a trickle, almost nobody is doing what the president wants this emto do. how revealing -- wants them to do. how revealing is that what does it say about his ability to influence? >> this is the fourth stimulus package the president has proposed. the first one didn't seem to work. the second one mortgage foreclosure obeyance didn't seem to work. the third one involved more subsidies didn't work this is now the fourth attempt. i think the american people are getting tired of stimulus and subsidies and wanting to know if there's a real jobs

program out there. >> peggy newnan who served in the regular began administration wrote a column titled amateur hour at white house: >> gregg: you think she's making a valid point? >> look if the republicans nominate a candidate who is happen less and doesn't look as if they are -- hapless and doesn't look like they are ready for primetime and encourage a third party tea party race against the republican and democrat, sure they could lose the race. so far the republicans have health the line on taxes and not falling for that trap. >> gregg: when you say a hapless candidate, anybody in mind? >> let's say bob dole in 1996 looked hapless, john mccain,

i'm sure there are some hapless candidates they would be their own amateur hour. >> gregg: yeah, you weren't going to fall for that one, were you. nicely done. democrats lost that special election in new york city that's a seat they held since 1923. is that a hard bin ? what did -- is that a harbinger? what did we learn from that? >> one, there are a lot of democrats upset with president obama not just because they are angry with his policies. but because they have specific complaints about things like israel. his policy towards israel. he gave a toughering pro-israeli speech at the u.n. to try to make up for that. we learned that the ecomy is an important issue. so far no one, even in democratic new york city believes that he's done anything to affect the 9% unemployment rate. >> gregg: john fund, thanks very much.

>> heather: it was a bush era professional carried out by the current administration. "newsweek" is reporting two years ago the white house authorized the sale of 55 bunker buffing bombs to israel. the how powered bombs typically used to attack underground sites. many are wondering who the potential targets might be? peter doocy has the latest from washington. >> reporter: "newsweek" is reporting in 2009, president obama allowed our military to sell israel 55 hard target pen traitors known as bunker busters design today to take out -- targets buried underground. here's what the pentagon is saying:

>> reporter: these bunker busters give israel a new option if they decide to strike iran's nuclear facilities. john bolton says if the report is true it could be an indication that president obama is ready to let israel do his dirty work. >> if it falls to israel, to undertake that as they have done in the past against syria, iraq's nuear reactor, i hope they have the capability to do this. i think bunker busters will add to the prospect they could attack successfully. >> reporter: the deal for these 55 bunker busters was put together by the bush administration. here's a dod memo explaining why it made sense to them: >> reporter: the deal was delay initially because we thought israel might be giving our secrets to china.

bush said he would release those bombs in 2009 or 2010. since president obama was president he is the one who ended up releasing them. >> heather: thank you peter. >> gregg: police in washington state killing an armed man who opened fire. the gunman heard on this amateur tape. [ gunfire in [ >> gregg: that's a lot of bullets the man carrying two guns. witnesses say he began shooting wildly sending dozens running for safe. officers say th had no choice but to shoot back, because he refused to drop his weapons. fortunately, no one beside the gunman was killed or injured. >> heather: two students attending a party recovering from injuries sustained from a

serious fall. police say a faulty balcony may caused it. the railing apparently gave way. sent the two men flying, 15 feet to the driveway below. >> can always trust a lot of balconies in older hopes that's one of the things i would say at this point in time. that would have to be something to be evaluated by an inspector. those are the things you have to think about in older homes. >> heather: one student in critical. the other suffered minor injuries. police do not believe that drugs or alcohol made a role in the fall. >> gregg: new questions in the bob ward murder case. could casey anthony be to blame for the millionaire developer's guilty verdict? his attorneys seem to think so. our legal panel is here to weigh in on that and a lot more. yeah, i toog nyguil bud i'm stild stubbed up. [ male announcer ] truth is, nyquil doesn't un-stuff your nose. really?

[ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth! i've got to tell susie ! the vending machine on elm is almost empty. i'm on it, boss. new pony sorry ! we are open for business. let's reroute greg to fresn growing businees use machine-to-machine technology from verizon wireless. susie ! the vending machine... already filled. cool be. because the business with the best technology rules. gives you a 50% annual bonus! so you earn 50% more cash.

according to research, everybody likes more cash. well, almost everybody... ♪ would you like 50% more cash? no! but it's more money. [ male announcer ] the new capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet? woah! [ giggles ] and i was a pack-a-day smoker for 25 years. i do remember sitting down with my boys, and i'm like, "oh, promise mommy you'll never ever pick up a cigarette." i had to quit. ♪ my doctor gave me a prescription for chantix, a medication i could take and still smoke, while it built up in my system. [ male announcer ] chantix is aon-nicotine pill proven to help people quit smoking. it reduces the urge to smoke. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these,

stop taking chantix and call your doctor right away. tell your doctor about any history of depression or other mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these, stop taking chantix and see your doctor right away as some of these can be life-threatening. if you have a history of heart or blood vessel problems, tell your doctor if you have new or worse symptoms. get medical help right away if you have symptoms of a heart attack. dosing may be different if you have kidney problems. until you know how chantix affects you, use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. ♪ my benjamin, he helped me with the countdown. "5 days, mom. 10 days, mom." i think after 30 days he got tired of counting! [ male announcer ] ask your doctor about chantix. over 7 million people have gotten a prescription. learn how you n save money and get terms and conditions at chantix.com.

>> gregg: new backlash over the guilty verdict of millionaire developer bob ward yesterday ward found guilty of second degree murder in the killing of his wife in 2009. now guess what? his defense team is blaming casey anthony! saying because ward was tried in florida, the same state as casey, he couldn't get a fair trial. let's bring in our legal panel. joey jackson mercedes cohen, good to see you both. merces, ward's defense attorney claims the jurors penalized his client because of -- let me quote the defense attorney: certainly what happened to casey anthony makes it more difficult for anyz.q#endant in probably anywhere in the state of florida to get a fair trial. you buy that? >> absolutely not. first of all, there's jurors take it very seriously. they were given specific instructions. the evidence is overwhelming against ward. you have a bullet between the

eyes. to takes a gun and shoots themselves like this with the ballistic evidence it came from 18 inches away. she doesn't even have that arm length. i was outrageous, ridiculous. i think the defense attorney was grasping at straws. >> gregg: is this a vacuous excuse or, what if a juror joey says, i was kind of influenced by the casey anthony case, does that create dealer record reversible? >> that would be wonderful if that were to occur. will it occur. we all followed the anthony case and look and saw . i think it does have an influence. people want justice they feel in that case there was a miscarriage. mercedes has a point as to whether that carried the day and the jury said we are out for vengeance and going to ta it out on you is another matter. i feel that way because in case the millionaire's case would have went either way there was enough here for them

to acquit, because of doubt issues. >> gregg: are you kidding? >> 911 tape joey, i killed my wife. >> gregg: let joey have his say. realize this was a slam-dunk prosecution case. but go ahead, talk to us about reasonable doubt. >> here's why i say that i think they could have, the jury, would have said reasonable doubt for a number of reasons. when you look at the issue of financial incentive, it was -- financial lit it was better to have her alive then the bankruptcy people -- [ talking over each other ] >> furthermore, if you look at suicidal issues you have the defense experts testify as to the anti-depressants she was taking. whether or not that might have ed her. the alcohol in her system. -- the struggle involved. there certainly was enough to create doubt. >> gregg: she was on facebook hours before her death making plans with friends. >> no, please. the 911 tape, certainly that

incriminated -- that killed war's does. i killed my wife. why not say oh my goodness, my wife killed herself. he's the only one in the room. >> gregg: joey, when you are caught dancing in jail days after you allegedly killed your wife, not a good sign when you try to say it was accident. >> usually not. >> gregg: i want to switch to the solyndra case the solar panel maker which went bankrupt after u.s. gave it a half a billion dollars in taxpayer funds. friday the ceo and cfo appeared before congress. here's what happened. >> mr. hair man, i have tremendous respect for this sub-- mr. chairman, i have tremendous respect for this subcommittee and the important obvious sight rule that it plays. as much as i wish to be able to answer the members' questions i've been advised by my counsel that it is the better course for know assert my constitutional right to decline to answer questions under the fifth amendment. >> mr. chairman, on the advice of my counsel, i mustinvoke the privilege afforded by the

fifth amendment to the u.s. constitution. i respectfully decline to answer any questions put to me by in committee and subcommittee. >> gregg: joey, this was a no-brainer. if you are a lawyer representing these two guys, you got nothing to gain and everything to lose if they testify, right? >> 100% gregg. when the fbi comes and do a raid on the premises to take certain things that could be incrim naying. then you have a department of justice investigation where they are thoroughly investigating you. indictments could be implement why would you speak? why would it be in your interest? there was no alternative, they had to do this. >> gregg: mercedes, i guarantee this happen. they go to the ceo and cfo and say we are going to shift the burden to the government now. because they can grant you immunity. in which case you have no choice but to answer the questions, right? >> brilliant move by the lawyers. looking to do it, there is we talked about ollie north

that's what happened in the iran-contra controversy. brilliant lawyering. keep your mouth shut. joey is right. you have all of these agenciesuh barking at your doors anything you say can be ingrim nating. don't do it. wait until immunity is granted >> only if the cfo and ceo are not the big kahauna. >> that's usually the case. you need bill your evidence again the target of any particular investigation. i think ultimately, one of two things either some type of immunity will be granted in which they will talk. i'll say whatever you need me to say if i'm not implicated. or in the alternative, no immunity granted there will be an investigation and whoever is cull able will be found responsible. -- >> gregg: the only reason they would not give immunity is and they seized a led of documents from solyndra as well as computer discs. they couldn't give immunity if

they've already got the goods on these guys? >> or they want the big fish, whoever is in it. maybe the fish rots from the head. a lot of these corporations they focus on the ceo being the top fish. >> this just presumes however, that there is some criminality here. we don't know, right. we don't know what they knew, when. >> gregg: be stupidity and incompetence and not criminal -- criminality. >> cover-ups could lead to criminal sanctions. the lawyers mate be saying, you have done nothing wrong but you start to misstep now, you can have -- [ talking over each other ] >> how many times do we see that. it is not the crime it is what happens after that causes the problem. >> exactly. >> gregg: just ask nixon, if he were still alive. thanks mercedes, joey. >> heather: check out the calendar. hard to believe because it shows warm outside but cold weather is just around the corner that means so is the

flu season. for many americans that means a good shot in the arm. we'll tell you why getting vaccinations easier and less painful than ever before. stay tuned.

. >> gregg: adults of all ages parents of toddlers take note time to roll up your sleeves. >> heather: which gregg doing. health officials say it is easier to get vaccinated this year. they also say it is less painful. here to explain why it is important to immunize your family is dr. siegel with the fox ws medical a-team and professor of medicine thanks for joining us. they are saying less painful. you will be able to tell us if it is true. >> we are using a thinner needle for wimps like gregg. and it will be much less painful. >> gregg: i've been known to wimp and cry. you have your gloves on. hold up the vial. >> we have 10 doses in here. >> heather: there's 10 doses in there? >> yeah i take the dose out

and put it in here. it is the same as last year we are covering h1n1 still from 2009. one of the reasons we want pregnant women to get this shot. before 2009 we only had 15% of pregnant women get it. but we go out there in 2009 and went vocal on this. now we have 50% of pregnant women getting it and they should. and 50% of kids. they are super spreaders of the flu. even if they could fight it off they spread it in schools. a study just came out in canada that shows we had a 34% reduction of emergency room visits from flu once everybody over two this. flu vaccine protects the herd. it is to protect everyone in the family, everyone in the community. the more people get vaccinated the better. >> heather: we only have 90 seconds. let's see if it is less painful.

>> gregg: my daughters hate this, because it does kind of hurt. and i can barely feel that. >> i'm a pro. >> gregg: that is different than the last one i had. that was almost nothing. i almost felt nothing. >> it is the thinner needles. >> heather: i didn't get it last year but i'm going to get it this year. i got the flu last year it was horrible. >> the flu the problem. it is the other things you get. the flu knocks you down and you get fatigued, weak, you can get sinus infections, ear infections, pneumonia, bronchitis that's why 34,000 elderly die of the flu every year. we have 85 million doses we are not going to have a shortage this year. let's get flu shots. >> protects against a wide variety of stuff. >> three main forms of flu. if you don't get the flu you are not going to get the other infections that go with it. >> heather: what will happen

to him tonight? >> he is not going to get the flu. but he may feel fluish because of the allergic reaction, possibly. you can get the flu. you will be fine and back to work tomorrow. >> gregg: dr. speaking gel, thanks. >> heather: thanks for when it's

>> chris: i'm chris wallace. herman cain picks up a surprise win in the florida straw poll. main street and wall street ro