bill: a major shakeup in the battle for that republican nomination. our brand-new fox polling numbers show romney reclaiming the top spot, jumping ahead of perry. and look who vaulted into number three. that's herman cain. martha: there is a lot to talk about there this is open, this race for the gop nomination. herman cain calculate putting from the bottom tier candidate to number three. rick perry lost 10 points of what was his lead in this whole thing. peter, how close has cain come to the lead? >> reporter: very close. with the margin of error there

is basically a tie. the big surprise. herman cain, the one with the 999 economic plan is third. now after a few favorable debate appearances and a victory at the florida straw poll, cain has 17%. perry has 19% which is 10 points worse than a month ago. gingrich is up, bachmann is way down to 3% from 8% a month ago. even though perry lost a lot of support, he's doing better against president obama. but that's 2% better than he was doing back in july. romney makes the closer race with president obama steadily creeping up just 3 points back

45-42. bill: does that mean voters think president obama will win reelection? >> reporter: only 40% say he will win reelection. 5% say no. democratic primary voters are similarly split about whether they want obama on the ballot in the first place. 27% would prefer his secretary of state hillary clinton. that's just the democrats. republican voters aren't the only ones trying to decide who they want to mom made in 2012. peter, thank you. a lot to talk about in those numbers. martha: newt gingrich is set to unveil his contract with america. the speaker of the house helped unveil the original contract.

>> apply all laws that apply to the rest of the country to apply equally to the congress. second, select a major independent auditing firm to conduct a comprehensive audit of congress for waste, fraud and abuse. martha: we are still working on that part. republicans won a majority of the seats then, and gingrich became the speaker of the house. today he rolls out his new contract with america. bill: folks in the president's party not as fired up as they were in 2008. 45% of democrats are more enthusiastic about next year's election. 44% are less enthusiastic. that is a sharp contrast and sharp drop when 3 years ago when a whopping 76% were excited

about voting. martha: some breaking news on the economy and the state of jobs in this country. the labor department just came out with the brand-new numbers for this week. the number of people seeking unemployment benefits fell to its lowest level in five months. 391,000 walked into employment offices around the country to collect a payment. that's a drop of. -- a drop of 37,000. it's heading in the right direction, right? >> you are absolutely right. we want to start dancing and singing. we should have been at this level a long time ago. this is the slowest post recession in history. when we get this news it's a surprise other of out of left field. wall street looks like it will

open up with a triple digit gain on the dow industrial average. people are enthusiastic about this and we have the jobs number. the big jobs number tomorrow a week from friday. martha: how many week would you want to put together to feel like there was a trend developing and how significant is that full that comes out friday at the beginning of october for this whole picture? >> i would love to see us not go back above 400,000. they say we are out of this recession for a year. i would like to see it reflected in the jobs numbers. we are less than 300,000 people are asking for unemployment benefits. that would be fantastic. as far as last friday, that will be the most important economic data than we get in the month. the last time we got the report it was a big fat goose egg. that shocked everyone.

at this stage of a recovery we should be generating 250,000, 300,000 jobs. we are going to chip away at the millions of people who are overemployed or under employed. martha: august was a tough month. if october shows some growth that will be big news. bill: no tambourines just yet. last week 391,000 americans filing for first-time unemployment benefits. according to the economists that number needs to fall below 375,000 for a healthy economy. how far do we need to go to return to prosperity? at the moment, national employment rate 9.1%. that needs to be at 6% to be

considered healthy. it's been over 9% for 26 of the last 28 months. martha: another suspected case of home-grown terror. a massachusetts man busted. accused in a plot to attack the pentagon and the u.s. capital with remote controlled airplanes packed with explosives. fortunately the feds were on to this man. he arrested him after they delivered the weapons he allegedly requested. take a look at what some of his neighbors had to say about this. >> it's scary that apparently normal people -- you just don't know who wants to do these things, assume swag they say is correct. that's what's troubling have you * shocked. actually shocked. one of the most exciting things in the neighborhood is to see a squirm cross the street. martha: he graduated from

northeast university in boston in 2008. physics degree is what he earned there. authorities say he started plotting all this in 2010 after being convinced america is evil through jihady web sites. bill: those are just some of the stories were watching this morning. also in a moment here. after that solyndra scandal, the feds approving a billion dollars in loans for two new solar energy companies. at least one lawmaker raising concerns. >> this is an incredible organization you work for. no one in the federal government is responsible for half a billion dollars of taxpayers' money. what do you do for a living? martha: rick perry backing off

those controversial comments he made during the fox news debate. we'll tell you what he's saying about immigration now. bill: the scene inside michael jackson's bedroom. what dr. conrad murray did when he realized he wasn't breathele. >> prince was standing there with a shocked, slowly crying type of look on his face. an accident doesn't have to slow you down. with better car replacement ailable only with liberty mutual auto insurance, if your car's totaled, we give you the money for a car one model year newer. to learn more, visit us today. responsibility. what's your policy?

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now that's some detroit magc right there. [ male announcer ] one more way quicken loans is engineered to amaze. martha: we are hearing the dramatic 911 calls from the night a young mother was murdered right in front of her toddler. it looked like a hate crime. the couple is muslim. but prosecutors now say that the husband they believe staged the whole thing to cover up the

murder of his wife. listen to these tapes played in court this week. >> she was a good girl. she wanted to stay in her marriage for any cost. so this is what she got. martha: what a story this was. the husband and another suspect, a woman facing murder and conspiracy charges in that case. bill: there is new word the obama administration has approved two loan guarantees for a billion dollars. commitments were issued to 23

different projects at the cost of $41 billion. pennsylvania congressman tim murphy, sir, welcome back to america temperatures newsroom. are you okay with these loans? >> no, the question is with all the problems uncovered about solyndra, we are unearthing a lot more of some problems with how they were done. the question is what's taking place to review these and give them greater cute any. -- greater scrutiny. bill: the white house is arguing we have to be more competitive, do you give them the benefits of the doubt? >> that's not the issue. in this small area of solar energy that's a small parts of

what we need to be doing. the question is are we giving it the kind of oversight that's needed. treasury secretary tim geithner raised the question with the president himself in saying he didn't think the department of energy was giving these things prop sister scrutiny. energy shot back and said we don't want treasury telling us what to do, we'll take care of it thank you very much. it was clear all the problems with solyndra were mounting and advancing more money towards that even though it was falling apart. if you hire someone to do some work on your house and car, they do a lousy job, would you hire them again or would you want to find out what's going on and maybe take a different look. that's where congress has an important role to say what's changed? bill: here is jay carney. i want you to listen here. >> has this administration

learned anything from this episode that makes you say we have to be careful next time we spends a half billion dollars. >> we are constantly reassessing not just this program, but others and making adjustments to make them better and more accountable. bill: is that good enough? >> i don't think so. what we have here. the question is did they really reassess. what's in all those fbi files taken from solyndra. listen to this quote. president obama said with regard to the stimulus bill. it would set a new higher standard of accountability. we'll ban all earmarks, the process which which individual members insert projects without review. the question is was there some influence? you look on the web site for the nevada project and they refer to senator reid's relentless assistance on this project. is this an earmark or not.

did the white house have some push? these are all valid questions the taxpayers wants to know. bill: two new loans at a billion creating 900 construction jobs and about 52 permanent jobs. is that money well spent? >> well, look at what also happened. the sierra club brags they blocked or stopped 150 coal fire plants. what's happened here is despite the administrations comments that he wants nuclear they are stopping us from cleaning up coal. we need energy independence. this idea of just funding solar which has far far more subsidies than oath areas is a concern. i want a wide spectrum of things working in energy.

but it still comes down to this. what have we learned from solyndra other than giving some lip service. bill: tim murphy, thank you for your time. if you live in nevada you understand why they are so desperate for jobs. the billboard behind us we can show you. the economy in nevada is worse than anywhere else in the country. the color scheme here. the darker the red, the more trouble you are. nevada leads the country in unemployment at the moment. they lost going back three years 82,000 jobs. the unemployment rate in nevada is at 13.4%. that's more than 4 points higher than the national average. they are desperate for jobs out there but the question remains is whether this is money well spent and that's something a congressional committee is trying to get to the bottom of.

martha, 19 minutes past the hour. martha: this comes from the ridiculous rule departments. two little words causing a huge controversy. we are saying bless you after someone sneezes could actually get you in trouble. we'll tell you what that's all about. this is getting interesting. the murder trial that has dripped the world. amanda knox, we are learning that we'll hear from amanda knox as early as today. she'll make her own emotional plea to the court. >> she has definitely lost some weight. it's tough for her to sleep. if you have try to put yourself in her shoes where in a matter of a few days a judge and jury are going to decide what happens to your life. i don't know if i would sleep very well either. [ male announcer ] it's a fact:

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bill: a fade rippin rip -- a too ripping across central inch. >> it's a tornado, oh, my gosh. bill: you see that dark funnel cloud move in between these homes. some great folks there snapping the pictures. >> i can't believe this is actually happening. i have never been that close when i have seen a funnel cloud far away, but not that close. that was unbelievable. >> i saw what looked to be a funnel cloud. a neighbor across the street watched it rip off shingles. we grabbed the kids out of the

basement >> they were excited -- they run to the payments and probably would have panicked. it's almost october to be getting that weather. martha: it's a big day in the amanda knox case. she is set to make an emotional plea for her dream. we are told she'll sneak italian. when she steps forward to do that, the judge says the verdict will be delivered monday. gregg, what's the latest on this case? >> reporter: you know, it is a big day, it's unclear whether she'll speak today or not. when she snoact original trial she wasn't very convincing. i'm sure she'll be a lotetter all around. even her behavior in this trial has been better. her lawyer summing up what she says is tragic. you can imagine how tough it is

for amanda for her family. also her codefendant, that's her former italian boyfriend. they were both found guilty of murder and sexual assault. amanda getting 6 years in prison. the prosecutors upped the ante, they are asking for life sentences for both. martha: give us a feel for how the appeal has gone. does it seem to be going in her favor? >> reporter: well, i think it is fair to say it has been going in her favor because there has been an independent review of the dna evidence and that has gone the way of the defense lawyers and amanda. but it's not over yet. really it's a company kateed case. you can't just forget what the first decision was when they were convicted.

the prosecution made a pretty good argument that meredith was not killed by just one person. she had more than 40 stab wounds. but it looks like the group of three that did it. they made a pretty convincing case of that. martha: that poor woman never did make it home from her abroad experience. bill: it will be a remarkable thing if she comes home. brand-new fox polling numbers shows two bottom-tier candidates getting a big boost and a front runner emerging. martha: michael jackson's bizarre visit to a different doctor. >> when i took him to visit dr. klein, did he oftentimes leave the office looking a little tipsy? a little intoxicated? >> yes.

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bill: testimony set to resume in the trial of michael jackson's doctor, dr. conrad murray. there was testimony yesterday describing a nervous dr. murray standing over jackson's body. >> i saw alberto standing up paci.

i saw mr. jackson temperatures feet near the side of the get near the ground. as i continued to look over i could see the rest of his body, and i saw dr. murray near his side. >> what was conrad murray doing? >> he appeared to be administering cpr. he appeared very nervous. he was on his side, he was sweating. he just appeared to be administering cpr. >> and at that time did you see michael jackson's face and his whole body? >> yes. >> what did you observe about his face at that time? >> his eyes were open and his mouth was slightly open. >> did he appear to be dead? >> yes.

bill: adam housley at the courthouse in l.a. how did the prosecution go after dr. murray yesterday? >> reporter: that was dramatic testimony you heard right there. yesterday they had a chance to lay out their full case. we mad one witness yesterday. it was all about trying to portray the fact that dr. murray was incompetent. there was another part of the testimony where the assistant to michael jackson talked about how after michael jackson was pronounced dead at the hospital, dr. murray turned to him and said we need to hide that cream. insinuating the doctor wanted to hide some of the drugs available in that home before investigators got there. we may hear from prince, his older son later none this trial. they set that up yesterday when they asked about where the children were and how they were reacting. take a listen.

>> as you came around to the far side and saw michael on the floor and conrad murray to his side, where were prince and paris when you first observed them? >> they were in this area right here. they weren't quite inside the room. they were right here. >> what drew your attention to them. what you hear them? >> paris was on the ground balled up crying and prince was standing there and he just had a really shocked -- slowly crying type of look on his face. >> paris was actually on the floor you said bald up crying? -- you said balled up crying? >> yes. >> reporter: he could be on that stand at some point during this case.

>> today the long-time bodyguard will be on the stand today and we expect that line of questioning to go after the fact that dr. murray waited according to prosecutors 30 minutes or so before he called 9/11. it go he toward the prosecution trying to show dr. murray was negligent of his care of michael jackson. bill: log on to foxnews.com. we streamed the trial live out of l.a. and you can kaimpt on your laptop or mobile phone. that's foxnews.com. take it anywhere you want onli online. martha: back to presidential politics. brand-new fox polls show a shakeup in the 2012 race to the white house. several republican candidates got a big jump in these numbers and it could be due in part to some see moments at the latest debate. in one newt gingrich echoed the words of roned a reagan.

>> when your brother in laugh is unemployed it's a recession. when you are unemployed it's a depression. when jimmy carter is unemployed it's a recovery. >> my plan those out the old one, he's still hooked to the current tax code. that dog won't hunt. martha: this is the new poll. newt gingrich and he -- and hern making huge increases, launching them into a whole different strata. romney took the top spot from rick perry. rick perry coming in with 19%. let's bring in our political panel and talk about this.

jonathon is a former press secretary. and charlie hurt is "washington times" columnist. good to have you here this morning. let me start with you, charlie. what do you make first of the herman cain-newt gingrich phenomenon. >> herman cain has always been likeable with wonderful one loiners. he's a very successful businessman, but he's a pizza mag that. people have a hard time envisioning a pizza mag that as president. but his performance in the debates has been crucial. he's very easy, he's very assertive. he's very clear about where he stand on things. then i think winning the straw poll in florida sort of put in voters mind that this guy really could possibly be a winner. that's the spark you need to see

this sort of spring from have much the back of the heap all the way near the front. martha: it's fascinating to me. if anything these numbers say this is still a very open question. jonathon, let me go to you on this next one in terms of mitt romney. he only picked up by 1 percentage point. if you are sarah palin or chris christie looking how these numbers stack up. you are say 23%? maybe i can contend with that. >> one of the things about romney is he has been focused like a laser beam on all the things he needs to do to get through iowa and new hampshire. but what is the most interesting thing from the poll is this intensity among republican voters for this field. there has been a narrative that republicans aren't happy with this field. now we see 63% of american

voters are enthused about this field. on the flip side almost a third of democrats don't want to see obama as their own nominee. then we see 44% of folks in the gallup poll, democrats saying they are enthused about 2012. this robust field i think is very good for republicans. march were let's pull up our numbers in terms of how impressed people are with these gop candidates. when you have think back to the days, 63% say they are now impressed with the candidate. 34% say they are not impressed. back to charlie hurt on this. it just begs the question. when you look at romney number. does he have a commanding enough lead? you just wrote a fees we need to get used to gop candidate mitt romney. .we for sure? 23%. >> certainly his sort of

standing is -- as the standard bearer, it's taken conservatives a long time to get used to this. they just don't like the idea of it. and it's not easy to sort of come to grips with the offer of romney care as the gop nominee. -- the author of romney care being the gop nominee. what she is saying is you don't have to go with romney. but i think what we are probably looking at is a ceiling for romney. and, you know, a real opening for whether it's chris christie jumping in or herman cain or somebody else. martha: i think you are so right. these numbers tell us this is still a very, very open question. let's pull you have the christy poll. this is an interesting number.

39% say he should not run. 32% say yes, 28% were unsure. the "new york post" has a front page story that says the door is back open again for chris christie. i don't know how many more times he can say he's not going to run. do you believer that? >> i think it's a reflection of how much people admire governor christy. he took on the teachers union in trenton. that's like take on the mafia in sicily. i think having a lot of strong candidates in the field is good. martha: this is going to keep mixing up. charlie, jonathon, great to have you with us this morning. the president's healthcare law heading to the supreme court in

a crucial time frame. 20 states asking the high court to weigh in on this controversy. we'll talk to the florida attorney general who has been leading this charge all along. we'll get her update on that. bill: how about baseball's golden hour? in 60 minutes you had 8 teams, four different games. each team had a chance to influence the post-season. tampa bay clinch can the wildcard. moments before that happens in baltimore. the orioles took on the red sox. the orioles are playing for pride. the bottom of the 9th ther to orioles knock off boston. they score two runs to knock off the red sox season. the atlanta braves and philadelphia phillies went to extra innings. the phillies score once in th theth, again in the 13th. their season is over because the

st. louis cardinals were busy beating houston as the astros end their worst season in franchise history. st. louis with a hard charge in august and september. they will play baseball in october. what a night it was for america's pass time.  [ junior ] i played professional basketball for 12 years.

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bill: the battle over president obama's healthcare overhaul head together supreme court. good morning to you. >> good morning. bill: the white house is bypassing what could be a challenge on the appeals level suggesting the supreme court should take it up right away. you want that as well. what does that tell you knowing your side won a few and their side won a few.

what does it tell you about the white house telling the supreme court, let's get it on. >> we are thrilled they finally agreed with us. when we were in front of the 11th circuit. we asked for all the judges to hear it at once so we could expedite it to the supreme court. the obama administration did not want that because in case they lost they could come back and try to seek all the judges hearing it at once. once we won the main issue we said let's get to the supreme court as soon as possible. bill: does that suggest a certain confidence on behalf of the with it house that that can win at the supreme court level? >> the president has been saying all along he thought he would win. but our opinion out of the 11th circuit is the best in the country. that map you showed was telling

initially. majority of the states in this country are involved in our lawsuit led by florida, and national federation of independent business, two independent plaintiffs. we have the most comprehensive lawsuit in the country and we have the best ruling in the country. what the courts ruled in the 11th circuit, the court ruled this would obliterate our federalist system of government. don't that say it all? this is a bipartisan decision we got by a clinton appointee and a bush appointee. bill: i understand your position on that. but the supreme court could say no, we are not going to take the case. >> sure. they absolutely could. here is the criteria that they look at. first is this a case of national importance. i think anyone would say this is probably the biggest case of overriding national importance right now, not only that, is there a split among the circuit.

as you discussed, there are 28 total lawsuits out there. all these different opinions around the country. so we meet that criterias well. and also, the other points is that this is a law passed by congress that now we have a federal court -- two federal courts, an appellate court declaring unconstitutional. weope it meets all the criteria. bill: you are challenging the entire law. not just that mandate that requires all americans to be covered. can the court rule on just the mandate or does the court have to make an entire decision about whether the law was in or out? >> they can rule on the mandate meaning the mandate is unconstitutional. if they can force to us do this, they can force to us do anything. that's what the 11th circuit found as well as the lower courts in our case.

that's the main issue. we won that issue. other two issues are the servability. meaning if the mandate is unconstitutional, is the rest of the law. the third is the medicaid coercion claim. we did not prevail on that. but there is limited case law. we always believed this would and matter to be determined by the supreme courts. bill: we'll see if that sticks on the calendar that we'll get a chief significance in june of 2012. martha: this is a significant moment. this is the first visit by u.s. senators to libya in the post moammar qaddafi period. we'll keep a close eye on that and let you know if there are any developments out of that. the fact that they are there is

significant in terms of the developments we have seen in libya. there are new details about a plot to attack the pentagon and the capital using drones that you can buy over the internet. what we are learning now about the man who is accused in this plot and the arsenal he was attempting to amass. bill: fox news, you can take it anywhere. wherever you go, check out foxnews.com/mobile.

bill: a health teacher believes

a blessing when someone sneezes is disrespectful. he's knocking 25 points off your grade if you say it. >> it has nothing do with religion. it has to do with an interruption of class time. >> i think that's ridiculous. first the pledge of allegiance. now preventing a kid from saying bless you. >> the blessing doesn't make any sense any more. in the old days they thought you were dispelling evil spirits. but today what you are doing doesn't make any sense anymore. >> everybody has their right to their own beliefs, but they don't have the right to impose those beliefs on school children.

>> it's ridiculous. let's move on. security experts say that we have seen a spike in cyber attacks recently and the u.s. may be preparing now for a big one. this has been a major worry of everybody who watches our national security. catherine herridge is live from idaho. >> reporter: we'll begin a series of high-level briefings with high-level security officials. the malware lab has been set up to identify these software devices and prevent them from infiltrating the networks. this is some of the most gorgeous scenery across the united states when you enter here you see the sphaifnsive farmed. mountains, it's a place many

people know for fly fishing and outdoor recreation. but it's also home to the idaho national lab. it's the premiere center for the department of energy's research. but we are also here we have two sites that are not marked for security reasons that are the home to homeland security. let's listen. >> you are not going to eliminate cyber threats. what you can do is manage the risk and reduce the risk. >> we need to have a sense of urgency about this. >> reporter: in the last two years according to the latest data we have seen a spike, 40% on government net works alone. martha: catherine, thank you so much. bill: a christian pastor out of iran refusing to reject his christian faith now facing the death penalty.

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>> martha: all right, we start with this fox news alert, an american accused of crafting one of the most sophisticated terror attacks since september 11th, it's

reswa ferdu, and busted as pose fog al-qaeda operatives who snared his entire plot, he was charged with ride to pull off a deadly assault on the pentagon and potentially on the capitol zone, the idea was to strap explosives to a large remote-controlled airplane, similar to those that are unmanned aerial drones used by the military and fly them into the buildings. that's how we start that. that's a scary story to start with a brand new hour of "america's newsroom". i'm martha maccallum. bill: i'm bill hemmer, a massachusetts man, with a bachelor's degree from northwestern university said to be radicalized by watching jihad videos online. martha: prosecutors say he was convinced that america was evil. >> kept getting into troubles and that kind of stuff, more or less juvenile kind of things. i thought it was pranks and

vandalism stuff, like what i heard, but nothing like this. >> it's shocking, it's certainly unusual, nothing you'd expect here but that's the scary part because you don't know where these things pop up. they're advise -- sruzry unprickeddable. martha: jennifer grif ip, live, do the feds think he was capable of causing serious damage? >> reporter: the federal authorities i've spoken to think he was a danger but didn't pose a threat to the public. they say the explosives they provided to the alleged attacker, that they always hold them on suspicion. fardu was arrested, had traveled in may to washington to take photographic surveillance of the pentagon and capitol. he planned to fly these toy drones filled with c4 explosives into the pentagon, this f86 remote- controlled plane can

be bought online for less than $200. authorities don't think the plan had much chance of suggestion he'ding but say they have enough taped material to show a vicious intent, martha. martha: what do we know about this young man in terms of his background, jennifer? >> reporter: we know he was 26 years old, we know that he had lived with his parents in ashland, massachusetts for 14 years, he was a student at northeastern university in the massachusetts area, he had studied physics, so he had an engineering background that could have come in handy, and he also again had lived with his parents, he was in a rock band, he played drums for a band called silk road, but he was american, he was a u.s. citizen and wanted to carry out an attack which included ak47s and six other attackers, they were going to fire on the rescue workers as the toy planes hit the pentagon and capitol. here's what a former roomate had to say about him.

>> he lived here for a couple of years, we had our times and he went on his merry way. >> reporter: a bail hearing will be set for monday. martha: jennifer, enough, at the pentagon, jennifer griffin. on that abrighter note, tell us about that. bill: i guess so. martha: a little good news in the economy today, mr. bill? bill bill i guess so. we're going to get to that. a federal judge unhold -- upholding key parts of a crackdown on illegal immigration. hours before the decision hundreds turned out to protest at the university of alabama. >> teachers in the classroom are supposed to determine the immigration status and that takes away from their job which is to educate all children. >> it means the color of your skin, it means your accent. bill: steve centanni is live on this story with more. what's in the law, steve, and what's out? >> reporter: a federal judge in birmingham upheld two key parts of the immigration law, she said police can question those suspected of being

undocumented and hold them without bond and that officials can check the immigration status of students in state schools. some other parts of e law were put on hold, pending a final ruling. those parts would make it illegal for undocumented workers to seek work for others to give them a ride to work or anywhere else, and for the undocumented to attend state colleges. alabama governor robert bentley is happy with the outcome so far. >> those parts that were upheld, we have the strongest immigration law in this country. i believe that all sections of our law will be upheld, and i will continue to work with our attorney general, luther strange, as we await judge blackburn's decision on the temporary injunctions and, if necessary, our appeals to a higher court. >> bentley says the law will be enforced immediately, bill. bill: what kind of appeals are coming our way on this,

steve? >> reporter: well, quite a few. one will come from the obama administration itself which claims the federal government alone is responsible for immigration policy. the president addressed the issue, but not the alabama law yesterday: >> our enforcement priority is not to chase down young people who are going to school and who are following all the other laws and are trying to make a contribution to society. >> reporter: and another appeal is expected from civil rights advocates. one of them said in a statement today, it's a dark bay for alabama -- day for alabama, this not only places alabama on the wrong side of history, saying the law would read to racial profiling and have a chilling effect on civil rights. bill: we'll see where this goes. steve centanni out of washington. martha: rick perry is backing off the comments he made questioning the compassion of people who are

opposed to tuition breaks for the children of illegal immigrants. to remind everybody at home here is what he said that got so much attention at last week's fox news-google debate. watch this: >> but if you say that we should not educate children who have come into our state for no other reason than they've been brought there by no fault of their own, i don't think you have a heart we need to be educating these children, because they will become a drag on our society. martha: well, perry has been taking a beating from conservatives and fellow republican candidates for those remarks, and then in an interview with news max, he now says, quote, i probably chose a poor word to explain that for people who don't want their state to be giving tuition to illegal aliens, illegal immigrants in this country, and that is their call and i respect that. so he walked that back a little bit. bill: a little bit. we'll hear more from that. a new poll suggesting a swing vote in the hispanic community, 43 percent

showing themselves as conservatives, the univision poll also asking 1500 likely latino voters what their biggest concern was. the swing voters in that group, the top issue, illegal immigration, they say, is out of control. interesting timing. martha: really interesting numbers, bill, because you look at the latino vote and you see a lot of candidates perhaps trying to reach out to that group and in many cases they try to reach out being softer on immigration but one of the big concerns is they feel too many illegal immigrants are allowed into the country and these advisers according to this poll are urging campaigns to treat hispanic vote like every other voter because their top concern is we're spending too much money in this country. bill: it's a big deal, too. martha: absolutely. bill: this is a growing, voting block in america. one to watch. martha: interesting numbers there. keeping an eye on that. also this, the daughter of a murder victim speaking out after her father's killer is arrested, decades

later, and half way around the world. the fbi, catching up to this fugitive, convicted murderer george wright, a finally found george wright in portugal this week, way back in 1972, he and his cohorts hijacked a plane after escaping from prison, while serving time for the murder of walter paterson. paterson, a decorated world war ii veteran, owned a gas station in new jersey. his daughter says that this arrest, after all these years, is a relief. >> it feels like a burden has been lifted off of me at this time. and off of my sister. because it just weighs you down, knowing that he was still out there. >> he was a kind and gentle man. you can tell by his face when you see the pictures. martha: what a story, after all those years, and wright is being held in portugal now, he's awaiting

extradition hearings, but boy, he got away with it for a very long time. bill: made off with a million dollars. remarkable. he converted to criant when he was 19 years young and eventually becoming a pastor, now more than ten years later he's facing execution for that leap of faith. martha: and still more than a year away from the presidential election, but some brand new poll numbers, shaking things up out there, folks, and painting an interesting picture of what the oval office could look like by 2013, what voters are saying about president obama's chances of reelection. that is coming up. bill: also dramatic testimony in the trial of the man accused of killing michael jackson, his personal assistant, on the stand, with a chilling recap of the moments after jackson stopped breathing. >> as i walked over, i could see the rest of his body,. >> what was conrad murray

doing? >> he appeared to be administering cpr he appeared very nervous. he was on his side, he was sweating.

bill: got some news on the home market. it's not great, but we didn't expect that, either, someone might even call them ugly. for august now, pending sales of previously owned homes fell 1.8%. that's a smaller decline than the 1.8% that had been expected. that number is wrong, by the way. it was 1.2% down. they expected 1.8%, all right? you put that with the jobs number, 391,000 americans file fog first time unemployment claims in the past week. that's a better number, as ugly as it might seem, but it was a better number than they expected. it was a drop of 37,000 the week prior. i don't know if that makes a trend.

martha: i don't, either. the expectation it would be above 400,000 again, so sometimes when you get something that much better than the expectation it's nice to a good boost in the market. there's also increasing confidence that germany will find some way to sort of come to the rescue of some of this debt in europe. we'll see what develops with that but market seems loo to like both of those ideas. all right, so there is worldwide criticism after shocking reports that a christian pastor is now facing execution in iran for not renouncing his religion. he is iranian, his name is ucef matorkani, excuse me, in his 30s, converted to criant when 19 and refusing to recant his faith. house speaker john boehner is one of the strongest voices in this cases, and he is demanding the release of this pastor. and he says this, i urge iran's leaders to abandon this dark path and so spare

nadarkhani his life and grant him a full and unconditional release. joined by the head of the islamic forum for democracy and father, good to have you both this morning. this is a christian man with a family in iran, he runs a house church because he can't build his own chapel in that country, so they go from house to house, and he's had a growing following, and that may be why he's getting a lot of attention here. >> you know, i think it's so important for us to realize that first of all, we need to do everything we can to stop this execution and have him released. i applaud speaker boehner's courage in bringing this issue up. i expect secretary clinton to make a skwraeuplt, the president, it will be important to make a statement, because this is one case of many, the tip of the iceberg in hundreds, there are over 200 people arrested for evangelizing in

the last six months and the penalties against it and those that speak out speak to the deeper problem of fascism in iran that per per -- persecute moderate muslims. they have been disbarred for trying to help christians like usef in order to be freed and what happens is it's sort of like committing treason on the islamic state, so until groups like these and others get the platform of you need to separate church and state, that -- remember, this minister, what really got the government upset in iran was that he didn't want his children indoctrinated by the iranian government so he spoke up and is trying to make a stance against them and this is why they're trying to stop him from speaking out and kill him. martha: jonathan, this story reminds me of the stories of the lives of saints, you know, he's literally taking his own life in his hands to stand up for his christian faith. >> that's right, martha.

and certainly, there's a very interesting political dimension to this, but the number one story, the story line, is that this man and his lawyer as well have decided to risk their lives, have did to -- have decided to risk their own families' lives for the sake of their fundamental beliefs. i remember so well when condoleezza rice said that religious liberty is not just one right among many but it is the litmus test for a nation's ability to protect human rights. we're seeing him stand up for it. interestingly enough, martha, i looked yesterday, there was one news stories on this, done by foxnews.com, today, 253. it means the media is standing up and saying this is shameful, and hopefully not just speaker boehner but the president of the united states and the free world will stand up to the u.n. and say we will de fund you unless you start standing up for the rights of these people. martha: i mean, you think about the outcry for troy davis who was executed recently, stories everywhere about that, and

understandably so, okay, because there was a lot of questions about that case, but shouldn't we be as fired up about this case which provides us in a maccab way to show an example of what we stand for with human rights and faith as a country. can we expect something from the white house and hillary clinton to speak out on this? >> i hope we can. if they're going to stand by the words that president obama stated at the u.n. last week that he was applauded for and the u.n. is actually going to be about human rights and not just a show of dictators, i think ultimately they're going to make a statement and use this to say you know what, we didn't walk away from the millions of iranians that walked in the streets in the summer of -- summer of 2009 and recoup the loss that the united states had when we walked away, so maybe it's time to use youse f's case and others to show we stand for the universal declaration of human rights and behind muslims, jews, others that

persecuted in the iranian regime. martha: credit goes to john boehner for bringing into the country's attention and as you say, we expect we will hear something from the white house and perhaps the state department well in defense of this man who could be put to death, as of last night, that window was open for his execution. we continue to stay on top of this, father, yuddi, a pleasure to have you. bill: terrific panel there, huh? it could bring millions of barrels of oil right to our country. so why is the pipeline to america's -- through america's heartland such a contentious campaign issue? >> martha: and how about this? we are learning a lot of dramatic details about the final moments of michael jackson's life, revealed at the trial that is going on now for his personal doctor. >> did he appear to be dead? >> yes. >> at that point, did you observe any medical

equipment, any type of monitoring equipment, heart monitors, anything of that nature, hooked up to mr. jackson? >> no, sir.

martha: it is 23 minutes past hour and automaker ford says it's planning to add 7000 jobs in the u.s. over the next two years, the company also reportedly in talks with the united auto workers union to add as many as 10,000 new workers on a new four-year contract. that's good news for all those jobs. and tropical storm ofe -- ophelia is going to pass by bermuda on friday, not expected to hit the u.s. shore. that's good news as well. >> workers continue to assess the damage at the washington monument, the

landmark was closed after it was rocked by an earthquake back in august. there's a great shot thaf woman up there. she's an engineer. as she works -- she's taking pictures of all the blocks to figure out if they've shifted, bill. pretty nationally stuff. bill: they came in from alaska to do this, and a job well done. it could deliver more than 800,000 barrels of crude oil every day from the tar sands of canada to the oil hubs of texas, and create thousands of american jobs. this idea is facing a mountain of opposition. steve brown is live in atkinson, nebraska, the corn husker state, has become ground zero in the battle, steve. >> reporter: in a word, bill, it's water. this company from canada, transcanada, wants to build a 1600-mile pipeline, essentially going north to south, across the country, starting in the middle up in alberta, canada, all the way down to the gulf of mexico. that path of the pipeline passes over something auld

the ogala aquifer, the water source for eight mid western states and it has concerned environmentalists that that pipeline if it leaks could spoil the water source for all of those folks and the environmental groups that are against this are counting on the obama administration to say no and stop the pipeline. >> we don't think that president obama is really going to let a foreign oil company bully a bunch of land owners in nebraska. i don't think that's in his makeup. >> reporter: and what we've seen over the course of public hearings, the final public hearings that are taking place all over the midwest here in nebraska, they've been most contentious, another one set for here today, bill. bill: so can the administration say no to this pipeline when labor unions want it and you're going to get jobs out of it? >> reporter: it's a difficult call. labor unions have really been urging teamsters, pipefitters, others, have really been pushing the

administration to okay this pipeline, technically it's the call of secretary of state clinton but of course she has a boss there in the white house and it's the belief of labor union folks the president has to approve this bill. >> we have a company that wants to invest private money into creating jobs in the united states of america. we can't get elected officials to create jobs but we can get elected officials to stop jobs, and that needs to come to an end. >> reporter: so essentially, two constituencies for the president, he's liked by both environmentalists and labor unions, are pressing him in opposite directions on this pipeline and ultimately he's going to have to let somebody down, bill. bill: we will find out how it goes. in the meantime, a beautiful day in the central part of the country. steve brown on that. thanks. martha. martha: don't you love it when we get a brand new fox poll? i do. we're getting a brand new look at what's becoming a very interesting gop

nomination race. we're going to show you who the frontrunner is now. it may not be who you think, and what's really interesting, who's in spot three and four, and can any of them take on president obama in a big way? >> bill: also, he's only 11 years old, he's in sixth grade, but he's already so good at football that other teams are using a rare power play to take him off the grid iron. >> i run hard, and bring our team to victory. but god always comes first, before anything. and grades, second.

bill: 10:30 here in new york. brand new fox polling numbers give you an idea about how democrats feel about president obama's chances of reelection. we went out and asked democrats whether or not you thought president obama would win in 2012. 61 percent say yes, almost one third, 27 percent, say no. when we asked all voters whether or not a reelection is a possibility, 50 percent of the people we surveyed say no in 2012. what about this? jonah goldberg from the national review, fox news contributor, and also with us, chris han, democratic strategist and chris, how you doing today, good morning my friend! >> good morning. bill: i want you to react first, chris, but also react to this. we asked who you prefer among democrats, president obama or hillary clinton. almost one third of the people we asked, 27 percent, say they prefer hillary clinton. now, what's going on here on

the left? >> you know, i don't belong to an org need party, i'm a democrat, and sometimes we tend to fight amongst ourselves a lot and it gives openings to the gop. i think that's why the president over the weekend at the congressional black caucus said stop complaining. i don't think he was talking to them specifically, i think he was talking to the progressive phaoplment generally, we've got to work together or we're going see president romney orioo. >> democrats are always looking to who else can do this or be better at that. that's the way we are. we don't tend to unite around a single candidate in this party. it's been our problem for a generation. it's why republicans have a majority now. let's face it, for all the talk of the tea party last year, if democrats would have showed up at the polls -- the polls they would have won many house seats. not all but many of them. that's the problem with our party. bill: how do you evaluate what these numbers tell us, jonah? >> i think chris is right about the democrats but he's leaving out the elephant in

the room which is that barack obama is doing very, very, very badly, badly in the polls, the economy is doing extremely bad, so democrats like most voters are saying gosh, i wish we had someone in there who could do the job. it's not because democrats are such, you know, free wheeling folks who let their flag fly, it's because obama is screwing it up. bill: you're saying they want a winner and right now he's not a winner. >> i think that's right. gallup has a poll which sort of confirms what we see on the fox poll, gallup found that if you have democrats whether they're looking forward to a vote in 2012, only about half of democrats are looking forward to vote. the republicans, the numbers are much, much higher. you've got a problem there. bill: you're likely to see 2012, it put the other way. is the reelection strategy in behalf of the president, is it designed to bring people together or drive them apart, one third say drive apart with

partisanship. chris, that must be the tax issue, and that goes primarily against the message of 2008, bringing america together. >> let's face it, bill, the third that thinks he's driving america apart are never going to support anything the guy does, anyway. talking about close to 60 percent saying he's bringing people together, let's face it, you look at the polls right now, a vast majority of americans think that he's right on the tax issue and think he's right on his jobs plan, and i think if he keeps pressing that, he's going to see his poll numbers continue to improve. for all his bad news and all the bad news in the economy and for all the people who have problems with him, the president is still leading all comers from the republican party because the republican challengers quite frankly are outside of the mainstream of america, and that is a problem there. bill: jonah, what do you think about that? chris is saying you can take that poll number and throw it out of the number because you're always going to get one third of the people that don't like what you do, whether a democrat or republican. >> i'm looking at that poll and saying what 57 percent are watching?

this guy has been pitting, you know -- it's not just class warfare but basically saying that anybody who supported bush, the republicans are to blame for all of his problems and all of the rest. he's not a hopeful figure anymore, because he can no longer sort of do his whole i'm riding in a pegasus and answer your dreams. >> it's been slapped down by the gop. you know that. everything he's done has been slapped down since the republicans took over the house and he's got to fight hard or the base is going to abandon him even more than they have. >> the biggest problem are the democrats, not the republicans. >> i'm sorry? >> if chris is right, republicans are getting on message, anyway, right? >> chris says the jobs poll -- you can say the same thing about omabacare. you don't see obama going around the country talking about how great omabacare is the same thing about the stimulus, you don't see obama talking up the stimulus. the polices when implemented aren't very popular because they are seen as ineffective. >> two things quickly, put on the screen, barack obama

beats mitt romney by three points in our polling and he beats rick perry, 47-39 percent in our latest polls. -- in our latest polling, thank you, gentlemen. we shall see. thank you men. march that. martha: this is our taking liberties segment, american gun own respect and advocates are a little anxious right now over a new united nations treaty that they say may end up infringing on their rights. douglas kennedy is looking into thifor us, live from our newsroom. morning, douglas. >> reporter: martha, the u.n. says it's time to crack down on international gun sales, but does it proposed solution threaten the u.s. constitution? one gun owner in massachusetts fears it does. >> henry dane doesn't like any law that restricts his constitutional right to bear arms, but the president of the concord rod and gun club in massachusetts is more vehement when the law is proposed by an international

body like the united nations. >> this u.n. proposal is really your worst nightmare. >> yes. it's reallyo toe means turning over our poll hesy with regard to firearms, over to the united nations. >> the united nations is now considering a treaty that would regulate international firearm sales, requiring member nations like the united states to track their guns, starting when the guns are made. some fear the treaty will lead to an international gun registration program. and that is not okay with many hunters here in the united states. >> it's the -- if the u.n. decides how and when a gun can be transferred, sold, ammunition bought, based on standards that have nothing to do with american law -- >> this is about regulating the export and import of arms. >> daniel prinns of the u.n. says the critics are way off target. >> it's about the treaty, a treaty that is supposed to regulate the way that these

goods cross national borders. >> now, the u.n. says they're simply trying to regulate the way arms cross national borders. what's wrong with that? >> what's wrong with that is that the u.n. is dominated by countries who are unsympathetic to the united states and to the freedoms that we enjoy. >> specifically, he says the freedom to defend ourselves. that's it from here, martha, back to you. martha: did you hit anything? >> reporter: you couldn't see that, martha? come on! it was a great shot! my god, come on! that was a direct hit! >> bill: word has it, well done, douglas! he served five years in iraq and afghanistan now. thirty-one-year-old brian tikeman gets a call to service here at home. how this veteran saved the one of one very terrified woman. martha: and heartbreaking testimony about michael

jackson's children at his doctor's manslaughter trial. >> yes. paris was on the ground, balled up, crying, and prince was just -- he was standing there and he just had a really shocked -- just slowly crying type of look on his face. >> paris was on the floor? >> yes. >> you said balled up, crying? >> yes.sh

martha: we are getting dramatic new testimony of the chaotic scene playing out in michael jackson's bedroom the day he died, the king of pop's doctor is now on trial for involuntary manslaughter. jackson's head of security is painting a devastating picture of how his children reacted to this whole scene. >> so as you came around, then, to this far side and saw michael on the floor and conrad murray to his side,

where were prince and paris when you first observed them >> in this area right here. they weren't quite at the side of the room, they were right here. >> so what drew your attention to them, could you hear them? >> yes. paris was on the ground, balled up, crying, and prince was just -- he was standing there, and he was just -- he just had a shocked -- you know, just slowly crying, type of look on his face. >> paris was actually on the floor? >> yes. >> you said balled up, cry something. >> martha: all right, let's bring in our panel today to discuss this, jeffrey steinberger is former los angeles prosecutor, and john manwellan is an l.a. criminal defense attorney. gentlemen, thank you for being here today. it's interesting, the two assistants that we've heard from, faheem muhammad who we heard on the stand there, i read that basically they were never allowed up to michael jag son's bedroom, the staff did not go

upstairs, the doctor had clearance to go upstairs. let me start with you, skwr*fry, what do you think they're trying to establish with this in terms of where the children were at that moment in terms of this playing out? >> they want to know that the cldren were accessible to like the witnesses, to what happened, did they actually see conrad murray in and taking care of their dad, did they actually see conrad murray doing the stuff that was supposed to be appropriate, according to his oath, and not doing any harm, and they didn't see any of that, they saw all kinds of craziness going on. if, in fact, they even saw murray in the room. murray walked out and abandoned his patient. it's unbelievable, the outrageous behavior. i mean, the judge wasn't even going to let these kids testify because it was so outrageous. martha: and prince is on the list, i believe, john, so i think what he may be trying to establish there, that prince was standing there, so he could have at least perhaps seen the

resuscitation attempts by dr. murray, right? >> right. but he wasn't there. there was nobody in the room. my understanding of the testimony, it was only michael jackson in the room and conrad murray apparently stepped away to go to the bathroom and when he came back, michael jackson was already dead at that point. martha: yeah, so let's talk a little bit about what they're trying to establish here, because there's a key witness coming up today who was the first bodyguard to reach the room after conrad murray called for help and in many ways, i'm curious about what you think about this. does what happened after he died matter as much as what happened before he died in terms of this propofol drug, jeffrey? >> absolutely. it matters, number one, it matters whether or not conrad murray was going to ultimately going to be found guilty of involuntary manslaughter, but that drug is a potent, an animal, elephant sized animal anesthetic that can't be given outside of a hospital emergency room or surgical

room without proper safeguards and this is exactly what murray did. murray gave this drug to him, this weaning down of helping michael jackson off of drug, it's just not enough. it's not going -- it's not going to fly. there's no excuse. >> obviously, there's the involuntary manslaughter charge that he is facing right now, but you can see, john, what the defense is doing here by bringing in this other doctor, dr. klein, who they spoke about in great detail yesterday who was apparently giving dem roll to jackson and they established with his security guard on the stand that he was going there almost every day to this doctor klein and when he left dr. klein's office, usually he could barely walk down the stairs without assistance. >> yeah, but here's going to be the problem, and i heard dr. klein's attorney say that the last time that michael jackson went to klein was three days before this incident, so he couldn't have demerol in his system and nobody is going to testify that demerol was

in his system, neither the coroner's report or autopsy shows demerol and the defense is going to have a problem with that. i know they're trying to shift the blame to dr. klein but at the end of the day, there is no demerol in his system. martha: what that does establish with these visits to dr. klein, and the assistant testified, he said at one point, michael jackson looked at me and he said something to the effect of you must think i'm crazy, that i go to this doctor all the time. what it does establish is these were independent actions on the part of michael jackson, he went to this doctor all the time, to dr. klein, giving him this stuff so it made it so that he could barely walk down the stairs and at home, he was taking propofol and perhaps he gave himself the final injection or infusion that killed himself. >> absolutely. dr. klein -- yes, it establishes that he gave him demerol and yes, it establishes that he was taking these major drugs before conrad murray got

involved. that makes it even worse for conrad murray. conrad murray knew this guy was addicted to all kinds of narcotics, and sedatives, then came off and gave him at the day before his death atavin, lidocane2 different types of benzodiazapam. are you kidding, doc? really. martha: the actions appe to be reprehensible and there's an ethics question for this doctor in terms of whether or not he'll practice again. the question is whether or not he's guilty of involuntary manslaughter and we'll see how that plays out. thank you, and there's a lot to watch. bill: court begins in 40 minutes. you can watch it streaming online, foxnews.com. jenna lee is standing by, "happening now" comes your way in a couple of moments. what's happening now jenna? jenna: bill, have you heard about this americans elect organization? you will today on our show. they may have a spot on the presidential ballot. we'll explain how.

plus that growing listeria outbreak. why we may not actually see the worst of it for weeks. >> larry saab bo is here with his crystal ball, what he sees for the house, and he always sees to much, bill, he might even read jon's horoscope while he's here. >> i don't know! bill see you jenna, see you in ten minutes, okay? >> if you have kids in little league, you know some children can rise far above the competition. meet a sixth grade running back so good he gets a touchdown limit! the future superstar, and a wonderful young man.

martha: well, he was already a hero on the battlefield and now here's a hero in the big apple, brian titeman, dropping off his daughter at

the babysitter's house when he spotted a man, forcing a woman into a deserted wooded area, trying to rape her. he immediately started screaming, ran over to her to help. listen to this: >> i can't believe it happened. >> you don't like the attention. >> no. >> you're a hero. >> i feel like i did anything that anyone else would do. martha: well, he says once he started screaming, the attacker ran off. he says that he then carried the woman out of the woods and called the police. good work! >> bill: we now have a young football star, so good he is banned from scoring anymore touchdowns when his team is ahead by two touchdown, he's 11. this is not the first time his pe. wee league that is imposed such a rule. fox little rock has our story of the moment. >> reporter: have you -- mel even -- malvern hasn't seen a football player like

this for a young time. at the young age of 11 years old, he reminds people of -- >> if you were looking at him, it's similar, they both run really fast, good kids, run with the same tile. >> jimmer son attended the school and dominated the football field so thoroughly the league was known as the madre hill rule, the team had a 14-point lead and officials banned him from scoring anymore touchdowns, now for the first time since, the league is using the madre hill rule again. >> i kind of got shocked because i didn't know that was going to happen, but it did. >> and now? >> i'm okay with it. >> principal perry bryant says the rule isn't meant to punish jimmerson, it's there to help the others develop as football players, too. >> the other players on both teams, 21 are just left

sort of this is all jamaia's, so that's why the rule has been implemented. >> but the rule is only for fifth and sixth grade, next year, jimmerson goes to seventh. >> i run hard, and bring our team to victory. but god always comes first. before anything. and grades, second. >> god, grades, then touchdowns. madre hill rule or not. >> wish he played on my team! wow! josh rosenthal reporting. martha: i love that little boy. how cute is that little boy? and if he's okay with it --ed he said it first, i'm okay with it because he knows next year, nobody is going to stop him, and anybody who's been to these pe. wee football games, which i've spent a fair amount of time at and you have as well, there's always one kid that gets -- and he made the

point, you always want the other kids to have a chance, at that age, after that, all bets are off, run for the hills! we'll remember that name. we are getting an update on what may have been the most sophisticated terror plot since september 11th, a plan to fly remote controlled planes with explosives into the pentagon and the capitol. getting more details on what this guy planned. we'll be right back. . i thought we'd be on location for 3 days, it's been 3 weeks. so, i used my citi simplicity card to pick up a few things. and i don't have to worry about a late fee. which is good... no! bigger! bigger! [ monica ] ...because i don't think we're going anywhere for a while. [ male announcer ] write your story with the new citi simplicity card. no late fees. no penalty rate. no worries. get started at citisimplicity.com. it could be very abrasive. if the surface gets abraded, it's just the environment

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bill: that is the unmistakable sound of beethoven's fifth. it is being plays for the first time. it was tossed in the trash. an aristocrat wanted it replaced with a new movement. martha: maybe he didn't like it. "happening now" starts right now. we will see you tomorrow.