you can see the rally going on, the markets at least for the dow up 0 points. a few reasons for this: number one, you have some reassurance coming from europe they're going to contain the debt crisis, easier said than done but at least some evidence that it looks like there's a plan in place. also remember last week was one of the worst weeks in the markets since 2008, so there's a little bargain shopping going on. one of my favorite past times. maybe not the stocks but in general! there you see the markets rallying up today. we'll keep an eye on it for you on "happening now". jon: and good morning to you on this tuesday! i'm jon scott. jenna: eye herve, i'm jenna lee. we're here in the fox newsroom and "happening now", brand new developments in the gop race for the white house. as we drew up important numbers that have nothing to do with polling and everything to do with the dollar, dollar bill, jon. jon: some bargain shopping going on, too, the third

quarter fundraising numbers, due out just days from now. it is an important indicator of each campaign's strength. jenna: that it is. chief political correspondent carl cameron is live with more. we're going to get the very first peek of governor perry's campaign war chest. show us the money. how is he doing? >> reporter: we don't know. he has to file it by midnight at the end of the month and the actual public disclosure by the commission doesn't come until the end of next month. this is one where all the candidates are trying to low ball expectationings, rick perry having had a tough debate performance, a rough time getting pounded by rivals on immigration policy, social security reform and hpv, the children's health issue, forced vaccinations and even pay or play politics, they've been downplaying expectations about what his fall might be. there was a report in the

dallas news saying he could have raised as much as $20 million online in the first few days of his candidacy but it's important to remember rick perry has been in the race only half of the third quarter so he hasn't had the time to raise money, his aides downplay the number by saying they'll be satisfied or hope to raise at least $10 million total you about the -- but the truth of the matter is it could be $15 million that would closely rival mitt romney, who banked $18 million in the last quarter, and in addition to how much each candidate has raised, how much they've been able to collect, which is a measure of support and confidence with big republican donors, the other big number to watch is the actual cash on hand. romney has been marshaling his resores, trying to run a frugal campaign, not just the like time, keeping it low key and not spending a great deal of money. romney had to start up a national organization and because he's getting the infrastructure built up around the country he's been burning through a lot of cash, so it's entirely

possible even though romney and perry may have raised about the same amount of money in this quarter romney is expected to have a lot more cash on hand and could dwarf what perry has, which could suggest it may be tougher to get over this rough patch. jenna: it's interesting to see how potentially the mope trails can change. we just saw that herman cain won the straw poll over the weekend. with a win like that, does that instantly put some more money in his bank, does he get a burst of fundraising when something like that happens? >> it absolutely should. the big question for herman cain is whether or not he's going to take the necessary steps organizationally to capitalize on the big win in the florida straw poll. cain has not raised a heck of a lot of money. there is a superpack, an independent group what's been out there, ready to support him, but it hasn't raised a lot of money and that is different from his campaign itself and perhaps a good model to compare what mr. cain was able to do with the florida straw poll win is really what didn't happen in a big way for michelle pwa*ugman. she won the big ames, iowa straw poll and in the first week or two, customarily you

get a big win like that, you could bank a million dollars in donations because of the attention and newfound confidence and enthusiasm that voters across your party would feel, but it happened contemporaneously with rick perry getting in the race and the first couple of weeks after her big win wasn't as great as it should have been. for cain it's a challenge, can he turn it into a real organization that can put money in the bank for him. it only happened a couple of days ago, this saw poll win, so it won't be showing up in this report but it may be. it may show a big spike. certainly it helps. jenna: certainly that's a big if. we'll see if that translates for him. thank you very much, carl. jon: continuing on the political theme, the gloves are coming off in the race for the white house as rick perry and mitt romney take shots at each other in dualing web ads. the perry camp is trying to paint romney as a flipflopper on health care and education reform. romney is blasting back with his spokesperson, saying, quote, instead of spending time misrepresenting governor romney's words,

governor perry should take time to explain why he thinks conservatives who disagree with him on providing in-state tuition for illegal immigrants don't have a heart. romney is also attacking perry's stand on illegal immigration in a new web ad where he linked perry's plan to president obama's polices. joining us now, brit hume, our senior political analyst. i guess it's the kind of thing that happens this time every year, brit, when the tkwaeupbts are trying to distinguish themselves in front of the electorate. >> that's true. the danger is, of course, when you go on the attack you can often inflict on the candidate you're attacking but it doesn't always make you look good, you don't always benefit, and in a big field of a large number of candidates, what has happened a number of times in the past is one candidate goes on the attack, he hurts the person he's attacking but the benefit goes to some other candidate. which is -- which makes it a very tricky undertaking. and i've noticed that mitt romney, at least in the debates, seems to have managed the trick of opening

up on rick perry, but doing so in a way that was almost cheerful, and he didn't look like an attack dog doing it. so he may have been able to gain a little bit, but i'm not sure how much difference these web ads make, if it weren't for the publicity the journalists give them, i'm not sure how many would see them but they're part of the deal. jon: you've seen plenty of these campaigns. can you give us some historical examples of candidates who have come through these sort of bruising primary fights and maybe hurt each other? i'm thinking about kennedy-carter. >> well, absolutely. i mean, kennedy-carter was a wonderful example of that and of course, that was a very bitter campaign in which the challenger, kennedy, showed something bordering on contempt for then-president carter, and of course, he owned heart, did kennedy, of the liberal base of the democratic party and made it a race worth watching, and in the end, of

course, there was great suspense at the convention about whether kennedy would even come to the hall in the hands khra*ps dollars raised in the air posed that we're seeing from the podiums of convention halls when a nominee has been named. so that's a good example of what can happen, and i don't think -- obviously, that was 1980. that didn't help carter in his race against conrad -- ronald reagan, although i continue to think the key fact in that race were conditions in the country that made it very tough and would have made it tough for any incumbent. jon: there's still some dissatisfaction with republicans among the current field as crowded as it might be and sp -- some speculation that chris christie might yet get into the race, the new jersey governor. what are you hearing in d.c.? >> reporter: so far, every time this crops up, you hear other people saying he's going to get in, then when someone is speaking for him or he speaks, the answer is no. so i continue to take him at his word that he's not getting in, and i would say this about it, jon. there's a real risk for someone getting into the race at this stage, from a

state -- as a state-level official. next thing you know, you get in in a -- and a matter of days later you're in some debate and there are all kinds of questions about national and international issues being tossed around and you got to field them and speak to them with some authority. that's tough. chris christie has earned a lot of i'd miriers are his tough love style of governing in new jersey and he has fans and people love his blunt style but as rick perry found out to his pain, making the transition from state office to national stage overnight or nearly overnight is hard to do. jon: brit hume, thank you for watching it with us, we'll continue to watch this race. >> thank you jon. jenna: here's another story we're watching closely, breaking details on a mass murder in rural indiana. while police are piecing together this event that left five dead south of indianpolis on sunday, the family says the evidence points to one thing and that is drugs. rick folbaum is checking

this for us at the breaking news desk. >> reporter: you know, this is a very tough story. we're waiting for autopsy results that should be released fairly soon. this could give police a clue, a clue that they desperately need to try to figure out exactly what they're dealing with here. it was sunday afternoon, law enforcement found a man dead inside an rv and that may -- then they found the bodies of two other males and two females at another property right across the street from the rv. we're told that four of the five people were all members of the same family, they include a man, his ex-wife, and their two grown children. a neighbor is saying there's a history of drug dealing that takes place in this area. there is some speculation that the shooter or shooters are among the dead, but right now, police say they just don't know. >> and when we say is there a man hunt, i've had somebody ask me, say i heard you don't have a man hunt. here's the only problem about having a man hunt. we don't know who we're looking for, okay? what we're saying is we're

keeping this information open. >> reporter: the sergeant says officials are tracking down any and all leads. again, they're waiting for those autopsy results, jenna. i know that you're going to be speaking live with the sergeant coming up in the next hour of "happening now". jenna: we expect the autopsy results so it will be interesting to see about that. remember, a child wandering on the street of the only reason why they found these bodies at all and we still don't know the relation of that child to these -- apparently these adults. we still don't know the ages. there are so many unknowns. rick, thank you very much. jon: right now, our state department is trying to warm up the big chill developing between the u.s. and pakistan. state department spokesman mark toner saying america can work with pakistan, despite evidence that that country has deep ties to terrorists, including the ruthless haqqani network, believed responsible for the deadly attack on the u.s. embassy in kabul earlier this month. as well as other high profile attacks on americans in neighboring afghanistan. >> we have confidence in the leadership of pakistan, that

they will take up action against the haqqani network. >> we believe that we can work constructively with the pakistani government, pakistani authorities, to address these concerns, yes. jon: national security correspondent jennifer griffin is live from the pentagon now. jennifer, it looks like u.s. is trying to lay theun work to go into pakistani tribal areas? >> >> reporter: well, you would certainly think that if you listen to what admiral mike mullen said to the senate armed services committee last week. it's something he's been saying for some time but it was the most vocal he's been about the connection between the haqqani network which has carried out these high profile attacks, including the attack on the inter con hotel in kabul, the u.s. embassy, and now suspicions it may be behind this attack on the cia station in -- at the embassy, in which one cia employee was killed. but i've talked to several u.s. military officials, senior officials, that would know, and they say there are no active plans by the pentagon to send ground

forces into the tribal areas, they're not laying the ground work for some sort of invasion. but that is not enough to convince pakistani officials. today, the prime minister of pakistan gave an interview in which he warned the americans not to enter pakistan and told them to stop sort of saber rattling and blaming them for being in bed with the islamists. he said, in fact, they're just doing that in order to divert attention about some of their own failings in afghanistan. a recent pew poll in pakistan showed that 69 percent of pakistanis see the u.s. as the enemy, jon. jon: and history sort of repeats itself in this relationship. there was an incident along the border between pakistan and afghanistan back in 2007 that shows sort of a double role. >> well, it's an incident that's gotten a lot of attention today. it happened on may 14th, 2007. we actually reported on it at the time. it was a u.s. major, larry boggus, who was killed by pakistani forces when he had

gone to mediate a meeting, a tribal meeting, and a meeting between the soldiers from the afghan side and the pakistani side. just as they were about to get on their helicopter to leave, this major in the 82nd airborne was shot by the pakistanis and it was a very, very sensitive issue at the time. we interviewed major larry boggu s' widow at the time and his general, the general in charge of u.s. forces in afghanistan then. >> for him not to be here on this earth is very painful. and it's painful personally for us, but it's a shame, really, because the 82nd lost a great leader, and the army lost a great soldier, and the world lost a great man. >> we will be forever scared by one event that occurred and that was the assassination, and i don't have a better express, of major baugess, a fine officer of the 82 tph-ld

airborne division. >> this double role being played by pakistan goes all the way back to 2007, jon. jon: appalling stuff there. jennifer griffin thank you. jenna: a day on water goes terribly wrong. >> the boys lifted him into the boat. >> we thought he might die on the way in because when the boys lifted him into the boat, it was just a huge wound that flopped open and blood was spraying everywhere. jenna: a shark attacked, and friends race to save the victim. the 911 calls, and the rest of that story, coming up. jon: also, you want to be on tv? you already are! you might just get the chance! and soon. the new network that puts viewers on the screen, not just the computer, the real television. jenna: real tv! jon: real tv! fbn's dennis neil is on tv. it's his close-up and he'll bring us the whole story.

jenna: welcome back, everyone. new video just crossing our international desk from the philippines this time. residents in manila forced to wager knee-deep water,

dodging fallen trees and other debris, a typhoon rock thank nation and at least seven people killed. scenes like this, nothing new for the philippines which sees about 20 typhoons and tropical storms every year. security officials in egypt say attackers in two pickup trucks hit a pumping station, causing a massive explosion. the pipeline is crucial for delivering fuel to israel. it's the sixth attack on the pipeline since the uprise thank forced long time president hosni mubarek out of power. jon: well, a new concept in cable tv launches this week. it's called the you too channel and brings the power of social networking to the small screen. here now, fox network's dennis neil. it's not like u2 like the band. it's you, too. >> in the old days the launch was i want my mtv.

now it's going to be put me on tv. a new cable channel, you, too, tv which calls itself america's first social tv network is going to offer hundreds of people a few seconds of fail on the big flat screen every single day, they call them fame spots. every has heard of youtube, but this is cable television. youtube is a laptop, the internet, so last decade! this is cable, you, too, let's you flip on, it's pitching the cable system for 80 million more, five times a day, reruns, reality shows, an 18-hour schedule, you, too, will post real videos from real people. you can record a quick remark on your smartphone, zap it to the network, it show up three minutes later on real television. propose to your gal? make it a private moment, maybe they'll use it on the new show say yes and marry me. did you witness a ufo sighting? they'll maybe show it during the reruns of the x files. viewers can send in questions like who is your

favorite character, batman, we're talking the 1960s parody. a lot is going to be ancient reruns. this does have a good pedigree, led by crit wyeth who built godtube, he's using some of that divine technology in this and his backers include a huge rage in -- name in reality television, mark burn the of survivor fail and more, his company, vimby will produce 257 short programs for the cable news channel, a bizarre range of mosts from his usa to dean hegland the cult actor on the x files. we're all going to get a chance to be on you too tv, which means that all of our salaries, the pros, are going to go down. jon: i won't be sending in my tape, so you know! jenna: breaking developments on the economy, a sobering new report for the housing

market. we're going to take a closer look on that. plus underwater adventurers making a big find, like maybe the biggest find ever. more than 3 miles down on the ocean floor, wait until you hear what they're trying to pull up. jon has that story, coming up.

jon: jon scott here in the acquisitions at fox news channel where we bring in hundreds of satellite feeds from all over the world, look at remote 263, how would you like that job? he is 555 feet up in the air, top of the washington monument. looking for any damage remaining from last month's earthquake. and i guess they'll effect repairs if they find it.

let's go to remote 277, this is outside the trial of dr. conrad murray, the man who is charged with manslaughter in the death of michael jackson. his patient. we'll get you updated on what's going on in that trial. and then way over here, it's so nice to see some good news for once on remote 218! that's the dow bug. two hundred fifty-four, up. to the positive on the dow jones industrial average right now. mike emanuel is right below it. mike, got a hit coming up. jenna, back to you. jenna: in the meantime, jon, you're right. we'll take it when we can, right? fox news alert, this time on home prices. we're taking a look at home prices back in july, in the middle of summer. it's not quite the news you think, the majority of cities surveyed by a leading housing index, housing prices are lower than they were last year at the same time. what this reading shows us is initially, month to month, they're higher but year over year housing is

struggling. we're joined by news editor of the "wall street journal", phil, it looks like we had a recovery in the summer as far as prices easing up but you look at it compared to last year, not so good. >> we saw gains in prices but that happens every year in the summer because you move when the kids are out of school. jenna: sure. >> that's when people are looking to buy houses and that's what happened this month. because if you take that out, that summer adjustment, it was about flat from the month before. so we're not seeing great numbers and like you said, there are year over year drops. jenna: the question becomes and we ask this all the tile but still don't have an answer, are we at a bottom for the housing market yet? >> that's the thing. a lot of the economists think that we are sort of at least on the bottom. we probably won't see the kinds of drops we saw going into the recession. the huge double digits, but growth is a good thing. jenna: so even though we may not get the shock of the prices, some compare itth to

the great depression. it took the housing market 19 years to recover from the great depression. are we looking at a 2-decade recovery here? >> well, it could potentially be that long. it's one of those things where even if, when we start growing again, there's no indication that we're going to be growing in the types of numbers that we saw during the boom. jenna: is that better, though, is it healthier not to grow as fast? >> considering what we went through, yes. the other problem is credit. people aren't lending. banks aren't lending the way they did during the boom. and that's a good thing. you don't want banks giving mortgages to people who can't afford them. but at the same time, it makes it a longer process for the market to recover. jenna: something i read in the "wall street journal" yesterday by one of your colleagues talked about the fact that he believes that something actually can be done by the government to help this along and that it to make it way easier for any homeowner right now to refinance at the superlow rates. what do you think about that, is it a good idea, something the government should consider? >> it's one of those things where there's -- the federal

reserve is doing is lot to keep rates low and one of the reasons why they're doing that is to help the housing market, to help people buy houses or people refinance and take some of that money out, but the problem is that the people who need it most are the ones who can't refinance. because they're either under water on their mortgage or owe more than the house is worth. or, there are these strict rules about who can and can't refinance. and if they can't do that, then that's money that they are trying to put into their house every month, they can't be spending on other things, and at the same time, they're at a higher risk of default if something happens like they lose a job. jenna: so the question, then, is can you clear out the bureaucracy to get an effective program in place and whether or not you want the government more involved in the market. there's a lot of things to consider. >> there are a lot of issues. the government already is a huge part of the housing market, and they would be taking in a little less than they are right now from those mortgages, but at the same time, you have that lower risk of default. so you know, there's a balancing act. jenna: a rock in a hard

place. thank you very much, always nice to see you. one out of four people, jon, under water on their mortgage right now. jon: that is a scary number. and this is a scary situation off the coast of florida. a group of buddies goes hunting for fish, and one of the fish takes a bite out of them. a shark bite over the weekend. charles c.j. wickersham was severely bit been on his leg in the waters on anna maria island. friends called for help immediately. >> 911, what's the address of the emergency? >> we're on the boat right now, my friend just got bit by a shark. >> your friend was bitten by a shark? >> a shark, yes. and in his upper -- i believe his upper left side. >> c.j.'s friends describing the horrifying scene. they weren't sure what happened and whether c.j. would survive. >> then all of the sudden, he started screaming and a big swale went away and he started scream. brad: without thinking he jumped right in, swam over to c.j., c.j. grabbed on to

him, he was scared to death and they swam back to the boat together and the boys lifted him into the boat. >> we all thought he might die on the way in because when the boys lifted him into the boat, it was just a huge, deep wound that flopped open and blood was just spraying everywhere. jon: well, the shark that attacked c.j., believed to be a bull shark like this one. but c.j. is expected to make a full recovery. jenna: wow, that is lucky, and a good ending to what a story. in next year's presidential race, we are expecting to get a lot more interesting than they already are with the growing likelihood the supreme court could rule on the president's health care law at the height of the campaign. we have an update from washington straight ahead. also the presidential election just a bit more than a year away but the partisan sniping is in full swing. should we as a country be more moderate, is there a place for moderates to go? we're going to talk to someone who's got a grassroots campaign trying to make that happen. we want to hear from you. answer our question of the day, should we aim for the

milled, is that something we should all do regardless of party affiliation? log on, fox news.com, make your pick, we'll look at what you're saying and take that into our interview that's coming up next. recommend the ensure brand for extra nutrition. ensure clinical strength has revigor and thirteen grams of protein to protect, preserve, and promote muscle health. and immune balance to help support your immune system. ensure clinical strength... helping you to bounce back. ensure! nutrition in charge!

we're off to a good start. but now it'time to go to the next level. so let's do a little detective work. pick up what we need. roll out... caulk...and install. and pretty soon, we're seeing the fruits of our labor right there at our bottom line. more saving. moreoing. that's the power of the home depot. owens corning ecotouch attic insulation is only $9.97 a roll. jon: president obama called it the signature achievement of his first year in office, america's new healthcare law. well that law could soon see a big legal test. the supreme court will decide -- could decide i should say the law's constitutionality if it's

next term which begins next week. there could be a landmark decision handed down right at the height of the 2012 presidential campaign. steve centanni has that live from washington. steve, what are the prospects here? >> reporter: yeah, the justice department has made an important decision that will most likely see the new healthcare law going to the supreme court in its current term, or it's next current term that begins in october. the administration decided not to seek an appeal before the full 11th circuit court in atlanta after a three-judge panel on the same court ruled against the healthcare law in august. by a vote of 2-1 that panel said the government is over stepping its bounds by requiring people to buy health insurance, but the appeals courts are divided on the issue. that's why experts believe it's likely if they appeal to the u.s. supreme court the high court will accept the case. if they take it this term which begins in october a ruling could be handed down next spring or summer in th the midst of the

presidential campaign. one group applauded the justice department's decision not to take the next step in the appeals process. the federation for business says we are exeyed all indications indicate that it will go directly to the supreme court and commends the administration on that decision. the uncertainty created by the healthcare law on small businesses and other job creators is anee mess rurable and burdensome effect on the economy. if help hand down the ruling in the spring or summer it's bound to become a hot campaign issue. a win for the administration could improve the president's chances, while any negative ruling could 0 boost the gop. jon: it could all start next week. >> reporter: that's right when the supreme court meets for its new term. jon: all right. steve centanni we'll keep

watching it. >> reporter: you bet. jenna: as we look ahead to 2012 the tendency is to focus on all the bickering between the candidates as well as between democrats and republicans. there is also an increase focus this election cycle on the independent and winning the heart of those voters. one group trying to put through some of the partisan noise is called no labels. jonathan miller is one of the cofounders of that group. we wanted to talk to him about why now and what does he bring to this group. what is the message of no labels? >> no labels is a group of democrats, republicans, independents, all of us that are really frustrated with politics as usual, and who believe while we will agree to disagree on any number of issues, that it's critical during times like these when there is an economic crisis that we put aside our labels and do what is right for our

country. we find that it's critical that while it's important to have strang stance and to step up for what you believe in, that it's always critical to work with the other side and deal with the tough issues, such as facing us right now, like the national debt. jenna: one of our viewers wrote us and said labels are useful for identifying a philosophy. i don't like surprises. so if you were to speak directly to that viewer, can you be more specific on some of the issues you see that both sides can come together on, and one of the issues that maybe your group stands for? >> sure, and again, we don't say throw away partisanship, we don't say there is no partisanship, it's the hyperpartisanship that is the problem. i'm a democrat. mark mckennan, who is george bush's campaign manager, is a republican, any number of people like that. we need to come together to work on issues where we can find

common ground. for example, we are very much in favor of trying to get the group, the super committee active right now, getting to work, getting to the business of cutting the federal debt. we'd love them to think big and to try to come up with some issues so we don't have to revisit this every year. rile, it's a procedural issue, it's about getting folks back to work, it's about getting the bills that fund government passed earlier so that we don't run into government shut down crises. jenna: how do you do that exactly? what is the ultimate goal for you? is it to put out your own candidate, a their party, perhaps? what do you see on the horizon? >> no, we are not a third party organization. you've heard of some organizations that are forming to try to present an alternative. some of our members, like myself support president obama, others support romney, perry, huntsman, you name it, go down the line. what we're trying to do is we're

trying to get them all on the same page. we'd love them to come to our first national convention july 22nd, 23rd, orlando. we'd love your viewers to come. we'll be inviting those presidential candidate as well. we want hem to put aside hyperpartisanship. in occasions like the one where we almost defaulted on our debt, to try to get them to work together for the good of the country. jenna: we'll definitely put the link up to your website. i like your blog you have the recovering politician.com. is that a 12 step program for a recovering politician? >> i'm jonathan and i'm a recovering politician. we have 20 other former politicians who work and are able to talk more honestly, really with a no labels approach, again, democrats, republicans trying to work together. jenna: it's a great title and a great read as swell. thank you jonathan for joining us. >> thanks for having me, and no labels.org is where you can sign up for the convention and sign up for the organization. jenna: one of our viewers says no labels is in fact a label.

you'll get a lot of questions, be ready for it. >> we'll take them. jenna: rick you got a little bit of a taste of this about what folks were saying about a no labels organization this time around. >> reporter: we asked people if they would support a movement to encourage politicians to move more towards the middle. those of you who weighed in 44% of you said yes but 53% of you said nope, not interested in that. you can see the results down here. and then we were asking you to go into the chat and let us know what you think about the idea of no labels. kayla, lee says oh, my god there should not be a party that aims for more bi-partisanship. if we had that none of the issues would be decided in a fair & balanced manor. gregory says i would love there to be some movement towards the middle ground in modern politics. the problem has become that both sides have become so diametrically opposed to each others values. a sampling of some of the taste in the chat room.

jenna: rick, thank you very much. jon: our chatters love talking politics. there is some stunning new information in the fast and furious gun trafficking scandal. new documents showing the government might have used your tax money to buy and sell weapons to crooks. a live report coming up in the next hour. plus, an underwater treasure that would make a pirate drool, could be the most valuable shipwreck ever discovered. we'll tell you what is on board this ship and how they hope to bring it to the surface. [ woman ] my grocery bill isn't wasteful spending. [ woman ] my heart medication isn't some political game. [ man ] our retirement isn't a simple budget line item. [ man ] i worked hard. i paid into my medicare. [ man ] and i earned my social security. [ woman ] now, instead of cutting waste and loopholes, washington wants to cut our benefits? that wasn't the agreement.

[ male announcer ] join the members of aarp and tell washington to stop cuts to our medicare and social security benefits.

jon: "happening now" the discovery of what is likely the most valuable underwater treasure ever found. the question is, can they get it to the surface? in 1941 a british cargo ship left india bound for london carrying a fortune in silver.

low on fuel the ship left its convoy to refuel in ireland but the ship was torpedoed by a german u boat. it sank 300 miles off the coast of ireland. look at this video, more than 70 years later that ship and its fortune have been found. joining us now, odyssey marine president mark gordon, they found the thing. this thing is lying on the bottom of the atlantic, basically three miles deep, deeper than the titanic. you have found this thing, begun preliminary exploration. can you get the cargo off? >> yeah, hi, jon, great to be with you. absolutely we'll get the cargo off. we are very fortunate the ship was found up right with actually the cargo holds open which is quite common, air trapped in the ship as it sinks into deepwater blows the cargo holds over. it's going to be similar to under loading a cargo shin at the dock using rains cranes, the only different is we'll be

working three miles deep. >> there was a cargo of silver on board, 7 million ounces do i have that right? and how does that translate into, you know, a weight we can identify with? >> yeah, well, 7 million ounces is the reports from the manifest as much as 7 million ounces. to put that in perspective that is about 200 tons of silver, it's quite a bit. in terms of market value, currently would be worth a little more than $220 million. jon: woe. you negotiated the salvage rights with the british government, right? it was their ship, their silver? >> it was a merchant ship that was inch churned under war risk insurance, which the u.k. government paid out. we made a deal with the ministry for transport, we work well with the british government, it's kind of unique, they actually reward entrepreneurs for taking risk. we'll end up with 80% of the salvaged value, and they'll get 20%, so their taxpayers are

going to do really well on this long-lost cargo as well. jon: they are happy and your investors are happy as reflected in your stock rise? >> yes it's a good day for ord oddesey investors. the world economy is playing to our favor. we are getting approached by governments who would like us to employ our high tecology to find and recover these karg goes from the deep ocean. jon: when do you think you can start getting some of this cargo. >> i was out there last week on the site and we were dealing with ten to 30-foot seas out there last week. probably may will be the earliest we could get back out there where sea conditions will permit us to work. we think it's going to take about 60 to 90 days to recover all this cargo. jon: 60 to 90 days to bring up 200 million bucks worth of silver. if you have a bar for jenna.

jenna: we'll take one percent, that is a good deal, right? >> we'll make you some nice jewelry. jon: i think you have to do something to earn your bar. jenna: save the tapes, save the tapes. jon: you're on buddy, mark thanks very much. >> we'll talk to you soon. jenna: you can't say something like that, not to a lady, no you can't. we are going to continue to follow that story. what a story it is. in the meantime at this hour an indiana community on edge after five people are found dead. is the murderer on the loose? new details on the terrifying crime. dramatic video inside the washington monument the moment the quake that rattle the east coast back in august occurred. when will this monument reopen? we'll find out next.

jon: some developing stories we're keeping an eye on in the newsroom and from our control room. american confidence in the economy remains near all time lows according to theatest consumer confidence index released today. it sites more worry about high unemployment and low wages. an italian news agency reporting from here silvio berlisconi lied about having parties at his home. the delivery of the first 787 dreamliner, the plane delivered to ana airlines today during a ceremony at the factory where it was built. jenna: right now crews are getting ready to rappel down the washington monument checking for exterior damage caused by the earthquake in august. the monument has been closed since that day, that day when a 5.8 magnitude quake was felt

from maine to georgia. investigators are looking for cracks needing emergency repairs and maybe even some weather proofing while they are at it. kelly wright is live at the washington monument with more. >> reporter: let me give you some perspective of what this looks like. there is something very dramatic unfolding at the monument today. rick if you will begin to tilt up, some 555 feet in the air, bordering the east side you see a man up there, he's actually putting out some very important things that rappellers will be using. the national park service says, weather permitting we will see engineers coming out where that man is, they will rappel down the four sides of the washington monument, and for the past two hours we have seen this man at the very top of the monument, that is 550 feet in the air. he was been working to prepare a nylon anchor for those who will be rappeling down. >> they are going to do the assessment from the top down so they don't miss any little

cracks. >> reporter: do you anticipate them finding any chips or -- >> i'm not really sure. we do anticipate that they'll probably find some nicks in mort ars. >> reporter: the damage this he's talking about as a result of the 5.8 magnitude arrests quake that struck the east coast, the park ranger nicolette williams recalls the ordl. she told me this morning she was in the top observation deck, that is 50 feet below where you see the man actually preparing the anchor. she was there when the quake hit along with 20 people who had been with her, 20 tourists. her first reaction was, what do i do? what do i do? let's run. and then she realized she was responsible for all the safety of those tourists. she helped each and every one of them get downstairs to safety, then we ran back up stairs again to make sure that she had been able to recover everyone. i'm happy to say that everyone

made it out of there safe and sound. we don't know how long the repairs will take place. we do know there has been some damage, but we still understand that it is structurally sound. back to you. jenna: that's the good news i guess. we'll continue to watch to see if they start rappeling any time soon. jon: how would you like that job. jenna: that pwhaoeu might not be bad. jon: you have all kinds of courage. jenna: i repelled down a cliff once, one time. jon: i would love to see you come down the side of the washington monument. great television. jenna: kelly thank you so much. don't you dare me jon scott. tomorrow it could have. jon: i have learned. family murderedn their home. disturbing new details about a home invasion that left a mother and her two daughters dead. that is ahead. chloe is 9onths old.

she is the greatest thing ever. honey bunny. [ babbles ] [ laughs ] we would do anything for her. my name is kim bryant and my husband and i made a will on lzo it was really easy to do. [ spits ] [ both laugh ] [ shapiro ] we created legal zoom to help you take care of the ones you love. go to legalzoom.com today and complete your will in minutes. legalzoom.com we put the law on your side. >> reporter: fox news alert i'm

i'm rick folbaum. this is a reporter from our fox affiliate down in memphis, tennessee, he's in front of a scene where an amtrak train has crashed into a passenger car. someone had to be airlifted to a local hospital out in mississippi. i know we just had to live shot from down in d.c., i had to go you again. i love to see the guy working on the washington monument. they are doing repairs there after the earthquake last month. this is the scene a little bit of color outside in california, where dr. conrad murray, the michael jackson doctor begins his trial today. some of the stories we are following for you. we have a lot more ahead. the second hour of "happening now" starts right now. jenna: we start this hour with some chilling testimony recounting the final moments of a connecticut family attacked by strangers and then murdered in their own home. it's some of the toughest stories we've done in years. but we're following this very

closely. we are glad you are with us, everybody, i'm jenna lee. jon: i'm jon scott. there are disturbing new details that were too painful for the only survivor to hear. dr. william petit walked out-of-court after the testimony of his wife and two daughters. >> reporter: the lone survivor of the home invasion did not want to hear the testimony of the former medical examiner who performed the autopsy on his oldest child hayley. he did endure listening through the two hour long taped interview given by the defendant to police which was just released to the media. now last week dr. petit told jurors about waking up that fateful night to being beaten with a baseball bath, something the defendant admits to doing, and now we've heard the defendant talk about it in his own words. >> i just kept hitting on him until he finally tucked up into the corner of the couch and

quieted down and was just staring at me with wide open eyes. sure confusion. >> reporter: the defendant goes on in his monotone delivery describing how he and his convicted accomplice steven hayes then creeped up the stairs to find jennifer-hawk petit and her youngest daughter a sleep in the master bedroom. he says haze put his hand over the mother's mouth an did the same to 11 years michaela. >> they were very confused as to what was going on but very compliant. i told her to roll over on her stomach and put her hands behind their back. >> reporter: his version of events in the audiotape include the sexual assault of 11-year-old michaela before the house was set on fire. jurors have seen for the first time the last images of michaela with her mother in a surveillance video taken at a

grocery store the day before the home invasion. it was at this grocery store that the defendant admits to zeroing in on the petits as a target for a home invasion after thgot to their family car. the two were shopping for what would be their last meal. jurors are now hearing testimony about evidence found inside the home, including ropes and scarfs found tied to the bed posts that the suspects used as restraints. jon back to you. jon: that is so awful and he's no flat through awful it. it's just unbelievable. laura ingle, thanks. jenna: we'll move onto another crime story we've been watching slowly. police aren't calling it a manhunt. people are trying to find out who killed five people in one quiet indiana community and whether the killer is among the dead or maybe on the loose. joining us on the phone from brooke field, indiana, is dr. jerry goodin. do we have the autopsy results?

>> we do not have those completed. we are waiting on one final autopsy that was performed this morning. the results should be coming to us as we speak now. we are going to get all the results from the autopsies. obviously we have to sit down and d decipher what happened at the crime scene. we will be able to give the public then more information about what we think happened. jenna: we know at this time there are very few details that you have shared with the public, even the surrounding community. why the secrecy? >> we have an ongoing investigation, we don't want to jeopardize anything we are doing in releasing information out there that shouldn't be there. we tell the public they need to be vigilant, lock their doors and cars. if they see or hear anything call 911 and let us get out there immediately. jenna:hat suggests to people that there is concern on behalf of law enforcement that the killer may still be out there and may be in the community, maybe even a member of the community. when you get these warnings you want to know how serious is this

warning or what. can you add to us a little bit about how serious this wharpbg is to the public in the area? >> unfortunately, you know what i'm saying the question we've been asked about who it is and who did it that is impossible for us to answer right now. at this time we have no person or persons of interest or suspect or suspects that we are actually chasing. we had obviously mentioned a manhunt. it's hard to have a manhunt when you don't know who it is that you're looking for. what we are hoping for is when the autopsies come n the information from them it will give us a lot of information we will need. we will be able to find out hopefully if we had a murder suicide, a saw side pack or one murderer or two out there on the loose. these why we don't want to put no premature information out there. it would be pure speculation, we can't deal with speculation, we have to deal with facts. jenna: we certainly understand that as well. just to take our viewers back a little bit to when the story first unfolded there was a child wandering around on the street, a good samaritan stops and stays with that child and then the bodies were later discovered. we don't know the ages of those

that were killed, we know two men and two women. we don't know if the child belongs to one of those people that were found dead. the family apparently there are reports in the area, that the family members of those killed say drugs are involved in some way. what do you know about that, sergeant? >> well, obviously we are looking into every single lead we've got. we don't have a motive for the crime. what we do know is that the person or persons responsible for this crime is the only ones that know what happened. when we capture them we'll know what happened. it's a terrible situation. we have five folks here that are dead and families that are grieving and we're trying to put this thing together as quickly as we can, obviously for the families that are grieving too. jenna: sergeant, we really appreciate the time. we know you guys are very busy. thank you for your service and thank you for coming on today, sir. >> appreciate you letting us get the information out stphaot opening statements are about to get underway in the trial of michael jackson's doctor,

dr. conrad murray, charged within voluntary manslaughter in the death of the king of pop. adam housley is live outside los angeles superior court. adam. >> reporter: yeah, jon, those opening statements were supposed to have begun 20 minutes ago. we are told that the media has not been allowed into the courtroom yet. there is apparently some sort of hearing going on. we know the family has gone inside. judge michael pastor's courtroom but right now they have not begun. i can give you a live look what is going on outside. you can see a number of people here that generally follow a jackson-type case. we saw the same type of people coming in from all over the globe to support michael jackson when he was on trial in santa maria a few years ago. you have a number of people who have come here to support dr. conrad murray the man who is on trial for involuntary manslaughter. when dr. murray was entering the courtroom about 15 or 20 minutes ago, that a woman that was sitting down waiting for one of the six open seats, she actually stood up and tried to approach dr. murray to speak to him, and

the sheriff's deputies stepped in and physically pushed her aside to allow conrad murray to pass by. once again they were supposed to have begun here at least 15, 20 minutes ago. still have not begun. we don't know what the delay is for. opening statements are for today. a couple of interesting things on the witness list for the defense conrad murray is on the list. we've been told by our sources, he'll only testify if the defense feels like they are losing the case. on the prosecution side paris the oldest son of michael jackson is on the list. we're told he'll only testify if they feel like they need him and they are losing the case. the case is expected to go on for about five weeks here in los angeles. jon: it will be an ordeal, that's for sure. adam housley now. jenna: an 11th hour deal allowing the feds to pay for disaster aid and prevent a government shut down at least for this month. a live report from capitol hill

coming up. hundreds of passengers hurt in a subway crash, one train smashing into another. investigators suspect faulty signals are to blame. more on that coming up.

jenna: good news for natural disaster victims in the united states. i say that that way, for now it's good news. the senate coming to agreement on disaster funding yesterday and that will avert a government shut down in the process. joplin, missouri which was nearly wiped off the map by a massive tornado can be confident the help they need is here to stay. mike emanuel is here with the latest. how much time do we have and what is next? >> reporter: well, for fema, people who depend on disaster relief money the good news is they are going to get their money. the deal maker seemed to be when fema said they had $114 million left and thought they could stretch out the money to the end of the week.

that would get us into the new fiscal year and as part of fiscal year 2012 which starts saturday nobody objected to giving fema a big check as of saturday. they just didn't want to add to this year's tab if you will. there was a bi-partisan vote in the senate last night to approve the deal funding the government through november 18th. but in the end you could still hear some aggravation in the senate majority leader's voice. take a listen. >> i hope the house is going to come back from their little break here and complete this work as fast as they can. >> reporter: and so we do expect the house will approve the deal that was signed off in the senate last night. crisis averted, no government shut down b this was the third or so threatened government shut down over the last five months and so we can expect plenty more of this between now and the 2012 election, jenna. jenna: we'll prepare, come back from that little break asthma colonel just said, a little aggravation there in his vase to

be sure. he was talking about the house, the house is dominated by republicans, as far as the majority. how did they feel about this decision coming from the senate, whichs a democrat majority, mike. >> reporter: republicans seemed kind of aggravated with the whole thing, in terms of saying that the democrats blew this up into a lot of grandstanding. here is a sample from senator mitch mcconnell last night. >> i'm going to vote and would urge my colleagues to vote in favor of the clean cr which is the next vote we are going to have. in my view this entire fire drill was completely and totally unnecessary. but i'm glad a resolution appears to be t hand. >> reporter: by fire drill what senator mcconnell was referring to, you know, is the countdown to whether or not the government was going to run out of money and shut down, and then senator reid suggesting that everybody cool off and go home for the weekend, and then they all fly back to town monday night to vote on whether or not the government would stay open, and so crisis averted, but the

question is when will the american people decide they've heard enough of washington crying wolf, jenna. jenna: i think they might have decided that. the bottom line is that we're open for business, but everybody is aggravated. >> reporter: exactly correct. jenna: i wanted to be sure. i think i mixed up mcconnell and reid's name by the way. i didn't mean to do that. thank you for not correcting me on television. i appreciate it. >> reporter: you do a great job. jenna: everyone is aggravated, right, that's what we can take away from that. jon: everybody is aggravated. but there is a little bit of compromise going on. jenna: we'll take it. jon: the agreement may have averted a major shut down for now. lawmakers only bought themselves five weeks. as the new super committee looks for place toes cut trillions of dollars. they say look for fights ahead. joining us ab stoddard the associate editor of the hill. you say there is compromise we've seen in this stopgap spending.

>> reporter: in the end this crisis was averted by a flirt. the fema found stray dollars as mike emanuel reported. it wasn't like in the end the senate and the republicans in the house came to an agreement. but they began to compromise. senator reid had taken his number down to house speaker john boehner's number and he told his ranks last week you cannot vote against this again. so they turned around and voted for the same bill. there was the beginnings of a compromise. they still upon resolving this are continuing to blame each other. jon: how is it that, congress' chief responsibility is to figure out how to spend our money and they can't seem to be able to do it moreno than a month at a time. >> reporter: as mike mentioned we had a near shut down in april, the near default in august and now this one as

well. and a partial shut down of the federal aviation administration in august. this is becoming routine. we can expect more of this brings man shi brinksmanship. we are looking at only a five or six week respite, there is a temporary funding for 2012. they have to come up with a huge funding bill to fund the entire government operations for all of next year while the super committee is trying to come up with 1.5 trillion in savings under a threat of a presidential vetond the hardened position on the republican side that they are not going to look at any new taxes. so it's very hard to see, while these two tracs are taking place simultaneously any kind of consensus for big savings, tax reform and a harmonious agreement about funding for 2012. jon: that $1.5 trillion in savings that the super committee is supposed to find there is no guarantee they are even going to get there.

some people say that number is he even way too small. >> reporter: right, both side agree that number doesn't get you there. it's really to stave off a crisis and to buy us ten years, a not great but pretty good number would be 4 trillion in savings. the only policy passed there is tax reform. no one has stepped up to the plate, either side, in the super committee or elsewhere to propose a path for tax reform. we are into october on saturday. the congressional budget office is asking lawmakers to come up with their details by mid to late october so they can score it, and tell us how much it really costs, and whether it will really work by november 23rd which is the super committee's deadline. there is a lot of work to be done in the next three weeks and it doesn't look like there is a path to do it. jon: a. b. stoddard from the hill. thanks. jenna: brand-new information in the operation fast and furious scandal. how your tax dollars put guns in the hands of criminals. and what this development could mean for the justice department

straight ahead. plus a man files suit avid kwroe shows him getting hit repeatedly by police. i wonder why that happened. cops say the video doesn't tell the whole story. i'm sure you're thinking the same thing. we'll show it to you next. uncert employers or employees. not white collar or blue collar or no collars. we are business in america. and every day we awake to the same challenges. but at prudential we're helping companies everywhere find new solutions to manage risk, capital and employee benefits, so american business can get on with business. ♪ you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories.

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jon: a guy has just filed a federal lawsuit after surveillance video shows him being hit repeatedly by a detroit police officer. he claims he was punched for no reason while being escorted out of a casino. police say he tried to throw the first punch. he was accused of touching a waitress inappropriately and charged with assaulting an officer and criminal conduct. both charges dropped. the waitress said she didn't want to press charges and the police dropped the charges after reviewing the security video. jenna: a subway crash leaves

hundreds injured a few months after the government promised a review of railway safety procedures. where did this happen, rick? >> reporter: this is in china, and it's the latest in a string of accidents on that country's rail lines. today it was two computer subway trains that collided in shanghai. 270 people were hurt, 20 of them critically. staff members were using telephones to direct the train conductors and apparently that was not the best way to run a subway system. ambulances and emergency personnel carrying the injured out. witnesses say there was a lot of blood everywhere. an accident like this would always merit attention of course but it's getting scrutinized even more so because as you said, jenna it comes two months after a crash between two high-speed so-called bullet trains in china that killed 40 people. china rail officials have promised a thorough investigation and safety checks after that crash in july and now people are angry, what a joke was a message written by a woman on a chinese twitter-like

website. she was of course referring to the beefed up safety plans. china has been experiencing a bit of a transit boom with new trains and rail lines being built all the time. that growth may slow down a lit bit now as officials deal with another tragic accident and a public relations nightmare that has come after it. jenna: we'll continue to follow it, thank you. jon: the republican frontrunners for president are sharpening their attacks. there is new reaction from mitt romney's campaign to rick perry's charges of flip flopping. and ladies, listen up, a cup of joe in the morning could seriously perk you up. dr. manny in the house with that caffeinated story. [ male announcer ] it's a fact: your nutritional needs can go up when you're on the road to recovery. proper nutrition can help you get back on your feet.

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jenna: well, there is stunning new evidence in a weapons trafficking case associated with operation fast & furious, fox news obtained brand new documents showing the federal government used taxpayer money to buy and sell semiautomatic weapons to criminals. william la jeunesse is following this story so closely and has the latest developments. hi william. >> reporter: jenna, to be clear, this tactic was not used in other cases where federal agents knowingly allowed guns guns to go to

cartels. what is different here is the federal government became the buyer and seller of illegal guns, we became the middle man, increasing america's culpability and in a case mexico was investigating as a crime. >> the purchase was being done by a criminal organization. >> reporter: so far, federal officials claim operation fast & furious only allowed guns to be sold to criminals, however, new records show the atf actually bought weapons, using taxpayer money, sold them to a suspected cartel buyer, then watched as the guns disappeared. >> it made no sense to us either. it's just what we were ordered to do. >> reporter: according to this may 2010 letter, supervisor david sro*t david john dodd son $800,000 in petty cash to buy two hand guns from the lone wolf trading company in phoenix, he received another 1700 to buy four more at a second store, sro*t then instructed dodd kohn to sell the guns but instead of moving in and busting the buyer the atf

watched him drive by. saves -- sources say mexican police never recovered the gun. >> remember the guns, that was dodson. >> oh i know. >> he purchased firearms as a straw purchaser and gave them to the bad guy. that was john dodson. >> the examiner and cleanup atf.org were among the first to report this scandal, allowing current atf agents to go public without revealing their identities. >> it's a testment really to the power of the internet and the ability to network. >> reporter: this case involved the same agents, the same store and same supervisors but a different defendant than the 20 indicted in fast & fuous, agent dodson claims he watched this location where the guns were stashed for a week. finally when a car showed up to retrieve them his boss refuse to give him backup and the guns disappeared.

jenna: more on this story as we get it, some shocking developments there, william, thank you very much. jon: politics now, rick perry's campaign is trying to paint mitt romney as a flipflopper on education. whaerz what a perry spokesman had to say during "america's newsroom" this morning. >> governor romney has a long history of being on all sides of all issues. this is just the most recent example. keep in mind that he praised obama's education secretary the day before the debate, supported raise to -- race to the top, which is a national curriculum program the obama administration has been pushing. twenty-four hours later, he comes out and said i don't know where that came, from i don't support that program. jon: joining us now to respond, romney senior adviser eric burnstrom. is your candidate on all sides of all issues? >> jon, i appreciate the opportunity to respond. this is a completely

baseless and misleading attack by rick perry. it is true that mitt romney supports high standards, he supports merit pay for teachers, more choice for parents, testing in our schools, accountability for our teachers, but he believes those standards should be developed at the local and state level. there's a reason why rick perry is creating these decoy issues and it's because he left a lot of blood on the stage at that orlando debate last week, and the reason he was bleeding so badly is because of his position in support of polices that encourage illegal immigration to our country. jon: clearly, the perry campaign is trying to paint this flipflopper image of mitt romney. how would you characterize governor perry? >> well, we've seen one phony and misleading attack after another coming from the rick perry camp. in fact, i think under a perry administration, the only jobs that would be created are for fat checkers, and every time

we've had an independent nonpartisan media source look at these wild and reckless charges from rick perry they've concluded that these allegations are false. look, this is going to be a long race, it's going to go down to the wire, it will be competitive, a lot of good candidates running, but i think at the end of the day, what is doing to -- what is going to decide this election is who is the candidate best ewinned -- equipped to lead on jobs and the economy and one thing we know is mitt romney has a plan, it's specific, it's detailed, to get this economy going again. rick perry doesn't even have a plan to turn around the texas economy where the unemployment rate has doubled on his watch. jon: it's been said politics is a dirty business and if you throw mud you both get dirty. how do you dilen ate your campaign from his without destroying both in the process? >> i think campaigns are fundamentally about ideas, and you can go and look at

mitt romney's plan at mitt romney.com, it's very deal tailed for getting this economy moving again, it's contained in a 150 page book, there are 59 proposals, including ten he would take on his very first day as president. i think this is going to be the central issue of the race is who has the skills, the capabilities, the qualifications and the experience to lead this country during very challenging economic times. mitt romney has done it in the private sector. that's where he made his career. and he'll do it as president. jon: your two candidates, romney, your guy, and governor perry, are trading bashes right now, but there's been published speculation that the two could wind up teaming up as president-vice president, you know, candidates. do you see that possibility? >> well, jon, i think it's too early to speculate about a potential vice presidential pick. it's our focus right now is

on winning the nomination. after that, we'll turn our attention, should we reach that point, to filling out the ticket, but we have to get through some primaries and caucuses first. jo eric fehrnstrom is spokesman for mitt romney. good to have you on with us today. >> thank you jon. jenna: a new study suggesting coffee does more than wake you up, it could perk you up a little bit. researchers finding that women who drink coffee, and we're talking about serious coffee, four cups or more a day, are much less likely to become depressed. dr. manny alvarez is senior managing editor for fox news health.com, and member of the medical a team. good morning. did you have coffee? >> drinking four or five cups a day, look, nice observational study, harvard, 50,000 people, ten or 15 years, looking at the effects of the habits of

women, and finally, yes, looking to say that if you drink four or five cups of coffee a day, there's a 20 percent reduction in depression. okay, so we know that coffee is a mood enhancer, we don't know the mechanisms. perhaps the caffeine does something to the chemistry of the brain and that reduces the levels of, let's say, of the different chemicals that are associated with depression. the problem that i have is that for a lot of people, coffee also creates lack of sleep, and we know lack of sleep also is a problem in developing depression. jenna: interesting. >> so i would argue for those people that love coffee, good for you, it's great, you may not have depression, that's all good, for people that are not coffee drinkers, and you know, feel pretty good about things, don't start taking four or five cups a day, either. jenna: do we even know what kind of coffee? >> regular coffee, one cup of coffee has 100-milligrams of caffeine, so you're talking about 500-milligram

-- milligrams of caffeine a day which for some folks, it's a lot. jenna: i can't do that before i get on air. if i drink any coffee before i get on air, i can't read the teleprompter. it's true! it has a different effect for everybody. research found that those folks who drink coffee are recent likely to be involved in church, community volunteers, but they have a lower rate of obesity, blood pressure and diabetes. what do you make of that? >> certainly coffee is not helping me because i drink five cups a day and look at my girly figure, but look, these are observational studies and they have the kind of fill in the blanks when you look at the demographics and the statistics and clearly, i think every single author that looks at this says this is interesting, but does it apply in the prevention of depression, i don't think so, but it's just sort of an anecdotal fact that if you drink coffee it's not bad for you and i like coffee for other reasons than let's say preventing depression. jenna: let's talk more about that. u.s. adults consume,

90 percent of us, consume caffeine and of that caffeine we consume every day, 80 percent is coffee, so we can huge -- we a huge coffee drinkers, 77 billion cups of coffee every year. >> lots of dough. jenna: but there are benefits of that. >> coffee is a strong antioxidant so it prevents certain types of cancer againsto it's questionable, but things like prostate, beneficial for prostate cancer, g.i. cancer. if you look in pregnancy, we're concerned about a lot of caffeine, it can lead to miss khaeurpblgs -- miss carriages and -- >> jenna: mixed data. >> but overall, coffee is good. but remember, cream and sugar, that's a no-no! that's the key. jenna: what about irish coffee? >> i love that! i love that! you know what, you gave me a good idea for lunch. jenna: that's a whole different segment. dr. manny, thank you. jon: got to have my coffee, jenna. a brand new perk for prisoners has taxpayers ticked off, and we're not

talking about coffee, we're talking about luxury jailhouse amenities you can't even find in some hotels! and nasa just out with plans to head to mars but a new discovery on the effect of space travel on vision. -- could put those plans on hold. we'll talk about it.

jenna: a slew of brand new flat scene tvs at a prison in pennsylvania has some local residents up in arms and we thought you'd like to hear about this as well. rick has his story pick of the day. rick. >> reporter: jenna, i could not believe this. if you are sent to the al gainy county -- allegheny jail in pittsburgh, p.a., while you do your time you can spend your time watching state of the art, 42-inch flat screen television sets. yes, i'm not kidding! he's are tv sets that are no doubt too expensive for a lot of local families in the area, 40 of the flat screens have now been purchased,

they are being installed in the jail common areas. these prisoners don't get to have one mounted on the walls of the individual cells. the price tag for this, 16 grand, all coming from the county jail oversight board's inmate welfare fund, that fund gets its money from profits made in the jail commissary, officials say no taxpayer money has been used for this. but you have to wonder if that money could be put to better use, like maybe go to the victims of these prisoners' crimes? i'm just thinking. not towards top of the line home or jail entertainment systems? i just want to point out, jen kwrarbgs that while these prisoners are watching their 42-inch flat screens while i'm here working, i think this is like a 10-inch, and this might be like a 12-inch. i have to watch fox business network on a 10-inch flat screen. not that i'm complaining, mind you, just wanted to point it out to you. jenna: just context, if you will, for that story. no taxpayer money? >> that's right. jenna: but they're getting it just as an upgrade? >> it's an upgrade. the tvs had to be

replaced, anyway, so they figured why not go flat screen. jenna: something doesn't feel right about that. rick! thank you very much. >> sure. jon: well, keeping the charm, or creating new jobs, a debate raging right now in south carolina. the historic port city of charleston, looking to build a new terminal for cruise ships, but the proposition is ruffling quite a few feathers. jonathan serrie in our atlanta bureau with more on that disagreement. jonathan >> reporter: hi jon. when you go charleston you take in those beautiful, elegant historic homes. they draw visitors from all around the world. but some residents fear a cruise port renovation and expansion project near the downtown historic district will disrupt their way of life by bringing more ships and bigger ships into the area. they say the ships will block their waterfront views and flood streets with tourists traps. >> charleston is a city where people come to see not public buildings like washington, d.c. or new york

city, but they come to see dwellings that have been privately restored, with private money, by private people, who live there. and it's the quality of those lives that are being adversely affected. >> some residents have suggested moving the cruise port to a cargo terminal a mile and a half to the north, but port officials say they don't want to disrupt industrial operations there, and city planners say a downtown cruise port location just makes good sense. listen: >> for the ships on the our port of call they're within a short walk of our historic districts and our market and those kinds of things so we don't have to shuttle people around. it's the best location because it's very accessible on foot to the part of the city that people want to be in. >> reporter: port officials tell us that the construction of the new terminal will create 336 new jobs. they expect that new terminal to be ready by sometime in early 2013.

jon, back to you. jon: it is one of my favorite cities, that's for sure. >> it's just beautiful. absolutely. jon: it is. thank you. jenna: speaking of places to go, to the moon, and beyond, even? scientists working on a plan to send men to mars. could a health issue prevent humans from ever stepping foot on the red planet? we'll take a look, coming up.

mig hey everyone i'm megyn kelly. your health care records are about to go online thanks to the president's new health care law. and guess who wants to manage all of your private health data?

big brother! is that a good idea? plus, michael reagan is having lunch with chris christie today, just as speculation reaches a fever pitch about the governor's possible entry into the presidential race. reagan is here live with that. a major investigation of our southern border with mexico concludes we are, quote, at war, and not taking it seriously. we'll investigate that. and, nurses in california go on strike and a patient dies. who's to blame? kelly's court takes a look. see you top of the hour. >> jon: that's from the hit movie avatar, headed for the fictional planet of pan dora but in re -- reality nasa is plans -- plan -- planning its own mission to the red planet. but there's trouble, turns out astronauts who spent months aboard the international space station developed vision problems

and doctors are worried that explorers could go blind during the long mission like the kind that would take you to mars. with us now, dr. stephen garner, with new york methodist hospital and was also an air force doctor and knows about these kind of issues. >> with air force at least we're dealing with the atmosphere. when you go up to space you with problems with what the body is exposed to, at the least of which is the eye but your bones become brittle, they don't have gravity pulling them, the muscles, they get atfe, the heart has to work harder because the fluid accumulates and you don't have the benefit of gravity bringing you back and forth. with the eye, the fluid builds up, he's the eye and the lens, by by the way, cataracts with a -- are a big problem. >> jon: no atmosphere to filter it out. >> i'll open it up so you can see this part of the eye, this is the optic nerve, these are the blood vessels, the nerve comes through to the eye, what happens is the brain becomes

loaded with fluid, because with gravity it doesn't go down t. builds up fluid and we get a condition, a fancy name for a fake tumor. you get a headache, you can't see, you get blurry vision due to the buildup of fluid. that's nothing that's going to help you up there. 30 percent of pilots that have been on the space station are getting episodes of blurred vision, one guy's never went back to normal, the other's went back to sort of normal. it's a problem. you have long term effects from this problem. the good thing is there are medication, so we know the problem, you can give diuretics, which it sounds like the right thing to do because it gets fluid out and reduces the pressure in the eye, so you reduce the pressure on the optic nerve by giving diuretics. jon: these are problems that are developing after six month stints aboard the space station. a trip to mars would take years. >> three years, and with traffic, who knows! but you do have a problem. when the optic nerve gets

under such pressure it begins to die, and it won't come back, similar to glaucoma, you use glaucoma medications also for this problem. >> jon: we're talking about this like it's a serious worry. at this point we don't have the space shuttle to get into lower orbit, so isn't this much ado about nothing? >> you're planning multi-million-dollar expeditions. who is volunteering to go there? they're not allowed to fly if they have eye problems, so none are coming forward saying i got to be blur -- i got blurred vision, they don't want to be kicked off the program. so now is the time to say oh, my eyesight is blurry. the new mechanism is to come up with new glasses to help the blurry vision. you got to get at the increased fluid. jon: dr. stephen garner, thank you. jenna: jon, we have this fox news alert for you now, breaking news on a fugitive case, a man who's on been on

the run for 40 years. now word he might be caught, that story is next. [ male announcer ] heard this one?

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selectquote. we shop. you save. jenna: we now have this breaking news, a most wanted fugitive caught after 41 years on the run. rick, what do we know about this? >> reporter: this is something, jenna, and fox news can now confirm george wright has been captured after years, decades on the run, arrested monday in a town outside of lisbon, portugal. that was his original mug shot from years ago. wright has been on the fbi's most wanted list since he escaped from prison in new jersey by taking the warden's car, then hijacked a plane. this is back in the 1970s. he was able to negotiate a million dollar payday in return for releasing the passengers unharmed, and then he went abroad. and he disappeared until recently when, apparently, he began contacting family members back in the u.s. that's how officials tracked him

down. the marshals service involve with the this, the department of corrections and, of course, the fbi as well. really one of the most wanted criminals, he has now been arrested, and he'll be brought back to the united states. we'll bring you more information tomorrow on "happening now," jenna. jenna: 41 years. you can run, but you can't hide, i guess, in this case especially. more on that tomorrow on our show. unbelievable. jon: now you can check out one of the most significant archaeological finds ever all from the comfort of your own home. israel's national museum teaming up with google to post five of the dead sea scrolls online. zoom in and out, you can translate verses into english. the scrolls date back thousands of years, they were found in desert caves. jenna: have you ever seen those in person? jon: i did when i was over there recently, i saw them in the

cases. jenna: it's extraordinary to see the condition after so many years. i mean, that's incredible to see them in person, but now you can see them on your computer screen so while you're online checking out the latest tmz goes similar, the sea scrolls. that's extraordinary. [laughter] we don't judge here, we're not judging, no. jon the interesting thing about that hijacker they caught, after he broke out of jail, he worked for a time as a model. that's how he made money in detroit, apparently. how do you do that when you're wanted fugitive? 'll find out more information, get it back to you tomorrow. jenna: some good questions now. thanks for joining us, everybody. jon: jon "america live" starts right now. megyn: fox news alert, after 48 hours of new speculation that new jersey governor chris christie may be pressured to joining the gop race for the white house, today we finally have some news. welcome to "america live," everyone, i'm me