>> gregg: hello. i'm gregg jarrett. welcome to a brand-new hour inside america's news headquarters. >> heather: i'm heather childers. topping the news this hour. hundreds arrested today, protesting right here in new york. we'll have a live report and find out if their ang are could be a reflection of how many main street americans feel about wall street and big government. >> gregg: we are hours away expected judgment day for amanda knox's murder conviction. >> and the first day in october, supreme court justices are back in the courtroom with healthcare reform bang on the dock yet. >> and shift in american strategy in using drones. u.s. military drone strike in yemen killing three people in on

friday including the al-qaeda leader in yemen, anwar al-awlaki. drone is a deadly and very precise weapon in america's powerful arsenal. we could see a whole lot more of it in the near future. steve is live in washington with more on that. hi, steve. >> reporter: president getting his share and criticism in the wake of that drone attack that claimed the life of an al-qaeda operative, anwar al-awlaki. he is the american born cleric linked to terror attacks in u.s. he was killed friday by a drone attack in yemen. dick cheney said today it was a good strike but also says the obama administration killing an american without due process, something they blasted the bush administration for doing. >> they said we had walked away from ideals, taking policy contrary to ideals and enhanced interrogation techniques.

clearly moved in taken robust action. >> i think dick cheney has a thin skin for a guy in the partisan wars that he had and obama administration should be repeating it. harmon supports the drone attack that killed anwar al-awlaki was tha was justified in a prior opinion from the justice department. she is demanding that classified memo be released to the public. at the same time the state department issuing a new travel alert for americans that said in part the death of anwar al-awlaki should provide motivation for anti-americans worldwide with groups wanting to do that. >> gregg: steve, thanks very much. for an extensive indepth report on anwar al-awlaki be se to tune in tonight. the american terrorist, that is fox news 9:00 p.m. eastern time.

hosted by bill hemmer. >> heather: new video of a wall street protest that shut down a major bridge this weekend. new york city police handcuffing more than 700 members of the group that okay called occupy wall street. they were demonstrating on the bridge. protestors shut down a lane of traffic for several hours yesterday and their cries against wall street continue downtown this afternoon. julie banderas is live in new york newsroom with more. >> julie: it had been peaceful up until yesterday. the group occupied wall street orchestrated a protest up to brooklyn but as they walked up to the bridge some spilled on to the roadway. then this happened. >> julie: those who don't dchbt comply, 700 people were arrested for disorderly conduct.

some protestors said they were lured on the roadway by police. some sat on the roadway, let us go and others yelled at police on the walkway above. no one there was tricked into being arrested and those in back of the group that didn't hear it allowed to leave. they were allowed to camp out there for two weeks holding signs in protest of everything really from corporate agreed to social inequality to global warming. it had been peaceful until clashes with police begin yesterday an they swarmed the bridge and shut down a lane of traffic for several hours. also other parts of the country there are protestors gathering there as well in at burr can you remember can i, denver and los angeles to engs presents solidarity with the movement here in new york. a turnout as reached as high as a few thousand in several places. back here in new york city a core group of people remain camped out sleeping on air

mattresses, using laptops and playing drums. they will march down wall street this is what democracy looks like. >> heather: julie banderas, thank you. brenda butner joins us later that growing frustration on many americans are having on big corporations and big government. >> gregg: supreme court is preparing to kick off a brand-new term tomorrow morning. they are expected to take on several big cases this fall. if for example a 26-stated challenge to the president's healthcare law. shannon has the story in washington. >> new term kicks off in monday with everything from immigration to religious liberties on the docket. it's a given they will take up the healthcare overhaul, as well. several took part in the traditional mass before the start of the term. those that work in the judiciary

and they this will need it this year. the justices will have to decide whether they can track suspect west side gps devices without first getting a warrant. and law enforcement should consider illegal immigrants were brought here as children in deciding whether to deport them. but the issue they have yet to take up is getting the most attention. challenging the constitutionality of the president's healthcare law. >> now you have both the states that are challenging the law as well as the administration itself telling the supreme court you need decide this issue now. so i think the likelihood of supreme court review is increased. all of these factors make it a pretty difficult invir station for the supreme court to turn down. >> reporter: two justices were going to recuse them have themselves because of personal connections to the issue but so far either one is even

considering it. >> gregg: shannon, thanks very much. >> heather: american amanda knox attending mass in her prison as she awaits an appeal court ruling on a brutal murder of her roommate. that decision is expected tomorrow. gregg burke has that story from italy. >> reporter: by this time tomorrow night we may have a verdict in the murder case, amanda knox and her codefendant are both on trial for murder and sexual assault in the death of meredith, amanda's roommate. there is a lot of hope on the part of the defense they could get off on the murder and sexual assault. one charge that might be tough is that of slander, for having accused her former boss, the guy she worked for that owned a pub of the crime. she was convicted of having accused a man she knew was innocent. appeal trial is wrapping up.

prosecutors are asking for a life sentence. defense lawyers are saying there is not a shred of evidence linking them to the crime. there is so much at stake right now. she could be back to the united states as early as fuss. one other possibility, another extended stay there in the capani prison and lots of in between room. court watchers talking about where everybody saves face, not totally exonerated but is let off on the time served. it will be interesting to see how she does in court when she has chance to make her plea. in the original trial she wasn't very good at. that she didn't have declaring sentencing. i imagine she has learned how do that in the meantime,. >> gregg: here is a look at the events leading up to the point in the knox case.

in april of last year, they filed the their first for a harsher sentence and then lawyers filed an appeal of the murder conviction. in december a judge ordered an independent review of dna evidence. this past june, dna experts testified that evidence used to convict her may have been contaminated. she and her boyfriend are expected to address the court when it wraps up tomorrow. >> new fallout in the assassination of afghanistan, xaeb denying claims that the spy agency was involved with the envoy's killing. interior minister making the claim in parliament yesterday. pakistan foreign ministry calling the allegations baseless and irresponsible. >> gregg: israel welcoming a plan to restart a peace talks with the palestinians. senior cabinet ministers approving the plan with unspecified reservations.

proposal calls important resuming peace talks with the goal of reaching a deal within a year. the mediators including the united states introduced that plan after the palestinians went to the united nations last month seeking recognition of a palestinian state. >> heather: and in syria coming with words of warning for the u.s. ambassador. advising the ambassador gets meddling of the syrian affairs threatening more attacks. supporters of syrian president adding a convoy. >> reporter: as the syrian opposition groups are gaining traction, support and organization, the government is getting more desperate and it's shown not only by the brutal crackdowns o on its own citizens but it has taken the unprecedented move of attacking and harassing members of the

diplomatic corps including the u.s. delegation. >> this is video from the latest attack when u.s. ambassador robert ford was leaving a meeting. they attacked his car with rocks and at one point through eggs at the convoy. they moved in tanks and security personnel to continue brutalizing the opposition which is appearing more and more organized. the syrian protest begin shortly after the uprising in egypt but they have been unable to gain traction. they were quick to kick out all foreign media in the countries which made it difficult to see their brutal tactics that have killed more than 2700. opposition is using their own youtube channels and posting clips like this that shows a round-up and protestors trying to retaliate against security forces which reportedly killed

13 just this weekend. >> reporter: going forward it's difficult to envision a scenario where there would be u.s. military intervention like libya, but the syrian regime is getting bolder and more brutal. state run newspaper has just threatened the u.s. ambassador saying that you should expect more, quote, unpleasant treatment. what that unpolice and treatment is, they didn't specify. back to you. >> heather: thank you, leland vitter reporting from jerusalem. >> gregg: new mexico, a picture perfect weekend for a guiness world record. 345 beautiful hot air balloons line the horizon during the new mexico international balloon fiesta. largest gathering of balloons anywhere on earth. will the good weather last very long? maria, fox extreme weather

center. >> it's the extreme weather center always. we'll go ahead and take a look at low temperatures across the country. it's going to be another chilly one out there across the region. so unfortunately mostly air across the eastern hatch of the country but as far as new mexico goes, beautiful weekend and continues to be so throughout the rest of tonight and pretty quiet as you head into monday. unfortunately we have a strong storm system that we're going to start to track across the western half of the country that is going to bring in a lot of precipitation. eastern hatch of the country, we're still looking at chilly temperatures. it is fall. nonetheless, very chilly out there and we have some frost advisories as far as south as western parts of north carolina. that is what we're looking at potential for early monday morning as people head out to work. the system that has been lingering around the northeast still bringing in more rainfall right now.

heavy rain across western pennsylvania and ground is sat right o there. bee also picked up a few inches of snow in parts of high elevations of west virginia and low pressure system is going to continue to spin across the northeast producing more scattered areas of rain and few showers. future radar, that is on tuesday producing more showers and by wednesday, this system will get out, few showers by wednesday but much nicer weather in new york city. >> gregg: that is welcome news. thanks very much. >> heather: i have never been in a hot air balloon but i bet you have. >> gregg: almost. >> heather: wildfire across the nation. people are angry big government, big corporations. is anyone listening? >> gregg: month long manhunt is finally over for the man suspected in two shooting deaths in california. on we're going to tell you how

that chase came to a very dramatic end. >> heather: never get enough of these images, the bravest coming back home, hundreds from afghanistan. we'll tell you about it coming up. >> we wanted to come and welcome these young men that have been protecting our country and our rights. >> i'm very excited. can't wait to see him and hold him. i've missed him so much. [ male announcer ] there are only so many foods that make kids happy. and even fewer that make moms happy too. with wholesome noodles and bite sized chicken, nothing brings you together like chicken noodle soup from campbell's. it's amazing what soup can do.

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>> heather: latest on the stories. month long manhunt infected northern california, officers shooting and killing aaron basler near ft. bragg. he was suspected of killing a councilman and a land trust official. >> a pair of powerful tie funs ripping through the ' -- typhoons and they are scrambling to get food and water in areas. and crash into a ravine in central china killing 16 people and injuring 19 people.

they used treops help survivors climb out of the gorge. >> gregg: main street is apparently fed up, is anybody listening? occupying wall street. that is latest group of protestors. and swallowing the measurable district. they are very young. they are hot on the heels of tea party activists. joining us live is brenda butner. i was having with dinner with friends on wall street. who are these people who keep protesting outside our offices? we're american corporations providing jobs. what are they upset about? >> i think that is a good question. nobody really has the answer because these are american corporations that are paying jobs, they are paying out money to americans. i think the basics idea is that

perhaps ceos make too much money. there is a lot of angles to this and outright anger because the unemployment has been going on so long. but shouldn't they be protesting.... >> gregg: they should be protesting congress, white house president's policies, congress's policies that have led to 9.1% unemployment when they promised 8%. >> right and the democrats have been in power for a few years. so perhaps that is where this anger and finger should be pointing. >> one protestor said she was upset because she and her boyfriend have significant student loan debt. but who is at fault for that. nobody forced her to go to college nobody forced her to go to colombia graduate school. he received the contract to pay for the education. i get the sense, some of the kids don't get it.

>> there is a -- i've done a story on this. there is this generation that is going to be hit hard by the recession. they not going to be able to move out of their mom's and dad's houses as quickly as we did. in any recession. it's tough. these kids are going to be saddled with student loans for a little bit longer than some of us might have been. >> gregg: when i went to school it was tough. take this young woman, i emphasize the fact that she is young which may function what she had to say. quote. i don't think we're asking for much. just not to worry to pay for the rent and our next meal won't be rice and beans you only got rice. you pay off your loans and you wouldn't have to to eat rice and

beans. average age seems to be 22 to 25. >> there is a lot of anger these days against american corporations. it's been coming out lately against big banks and against big banks getting bailed out. ever since 2008 there has been, it's been on both side of political spectrum but conservatives hated it and liberals hated it. it was very interesting mix of politics make for strange bedfellows and lately there is a lot of people upset of bank of america for had debit card fee. >> they charging $5 a month every time you swipe your debit card, but that will be the result of overregulation. >> gregg: dodd-frank. shouldn't they be protesting at barney franks home and chris

dodd's home. >> they couldn't charge the merchants but they have to charge somebody, maybe the user is the person. that is what it's coming down to. >> gregg: thanks for being here. >> heather: i like rice and beans. >> gregg: i never got the beans, i only had the rice. poor guy. >> hundreds of u.s. marines arriving in texas, landing in ellington field in houston, one family celebrating the return of lance corporal matthew ago lar. >> it was very rewarding. >> i'm excited to see him and see a smiling face. >> worst part about it is being away from her. >> they are together. returning from afghanistan. some have not seen each other

for nearly a year. >> gregg: a look at the early media coverage of the gop presidential candidates, how much of the hype surrounding a so-called front-runner should you ever believe? we'll have a fair and balanced debate and move to fuel the electric car craze now apparently running out of energy. find out what went wrong. ♪ ♪ [ dog barks ] [ birds chirping ] ♪ [ mechanical breathing ] [ engine turns over ] ♪ [ male announcer ] the all-new volkswagen passat. a new force in the midsize category. ♪ gives you a 50% annual bonus! so you earn 50% more cash.

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>> gregg: bottom of the hour, time for top of the news. yemeni officials confirming al-qaeda's top bomb maker was apparently not killed. he was linked to the attempt to blow up a plane in detroit in 2009. >> protestors in new york say they are determined to keep up their rally on wall street despite more than 700 arrests during a march across the

brooklyn bridge. >> gregg: supreme court expected to tackle healthcare law. >> gregg: sparks flying in oregon to speed up the poll popularity of electric cars. it involved a company that was supposedly paid $130 million to install electric car charging stations all across the state. the job was financed by the department of energy and now environmentalists are crying foul because the company has yet to put the deal in gear so to speak. dan springer has more details. >> reporter: this was supposed to be a stimulus program that was going to light a fire under the electric car industry. remember president obama has a goal of million electric vehicles on the road by 2015 but so far, the program has been stuck in gear and taxpayers have little to show it. they gave a company $130 million

in a grant to build an install electric car charging stations in 18 metropolitan areas. among them portland but two years later they haven't come close to meeting their goals, 95 public stations. they were supposed to have 1200 by now. green groups are seeing red over the slow pace. >> we should are erring on the side of keeping the access out there, building out a network that people can see and use to give them confidence to buy the cars. >> they say the program is not about getting people to buy electric cars. its research project to see how people use these stations. officials say it makes no sense to saturate an area with charging stations when the whole state has a few hundred electric cars on the road. sales have been disappointing of the nissan leaf. others say it's tsunami and the company says it doesn't want the charging stations to gather dust

and graffiti waiting for people to buy the cars. >> we're stewards of the government's money in this project. we are pacing ourselves with the installation of these public stations to be in a pretty good ratio with the actual number of vehicles coming out. >> reporter: so they have lowered the goal on the number of charging stations but it's hopeful sales will pick up but it's expensive. about $30,000 even after a federal $7500 tax rebate. >> heather: big difference between that. thanks very much, dan. >> gregg: new light on the media fog surrounding the presidential candidates. every couple of weeks in this election cycle a different candidate dominates. first it was donald trump, bachmann and perry and chris

christie who hasn't announced he is running. what is going on? congressman martin frost joins us and bock mckuen a senior fellow is also with us. congressman frost let me start with you, some people accuse republicans of being schizophrenic about their candidates, one time they love them but then they tear them down. isn't this the process are supposed to work. candidates are vetted and they either stand up and voters make their judgments. isn't that what is going on here? >> that is exactly right. we have a long history of this and the public is actually pretty smart. the public kind of wadegs through the media hype and makes some judgments. i remember in 1980 i was for jimmy carter, reagan beat carter

because the public figured out carter wasn't strong on foreign policy. then you came around in 2006, public decided that george w. bush hadn't been doing a good job in wars and economy and elected a democratic president. public wades through all this stuff. media loves it. they got you now and got you tomorrow. i have a lot of confidence. >> gregg: don't start blaming on the media. >> i have a lot of confidence with the public to work their way through this. >> gregg: i want to show you a couple polls that just came out. likely voters were asked if governor chris christie should run for president, 20% said yes, 37% said yes. among republicans the numbers are not, 32% say yes, 25% say

no. do you think there is dissatisfaction. people are not enthused about romney, perry and cain and even chris christie? >> i think everyone asked would you like to run, american people would say yes. the only man to be on presidential ticket five times, richard nixon said the presidencycy seeks demand. american people know what they want. it's the responsibility in the marketplace of ideas to see how it fits. i believe it's three things. i believe it's jobs and economy and secure border and i believe it's energy independence from the middle east. who can articulate to the manner of those supported. if you are in washington you have done nothing about any of them and that is eliminate barack obama to be re-elected. the responsibility of the republicans is.... >> i wouldn't go that far.

they put up a weak candidate, he could still win. its long way to the election. i think people in both parties are in trouble right now in congress. i think this could finally be the year when the public throws a lot of people out of office. >> gregg: congressman frost, let me stick with you, president obama said his policies had gotten the economy moving again until six months run of bad luck set things back. voters aren't buying it at all. by a margin of 6-1 they blamed it on bad leadership. 75% say bad leadership is to blame. a companion poll is to blame for bad leadership, 45% think his actions have hurt the economy. that is almost 20 much more than those that say he has helped. >> put up the numbers for congress's approval. it's about 13% in the last poll. the public is not happy with

anybody right now. obama has a chance to come back. he has time in the next 13 months to tell his story. republicans have to work through this process. who knows who they are going to come up with. the country is very unsettled right now. they will make a decision, you may not agree with the decision or may not agree with the decision they make, again, i've go confidence in the people. >> gregg: in the last poll i saw counterpart is right about that. assessment of congress is particular, congressional vice presidents the worst of all by 35%, they have a negative impact. the policies have actually hurt the economy. >> us a soe know since harry reid became majority leader and barack obama, the senate has not passed a budge, one of the elementary activities. martin mentioned about carter, i think we're going through it. 18% inflation, 22% interest rates, state of decline, jimmy

carter said it's america's fault. we're exactly the same position again. >> if that is true congressman, why do most americans blame republicans in the poll i just showed you. >> go ahead. you've asked him. >> i have no idea. it's not the responsibility of the republicans as you know. >> gregg: they for blame. >> it would be nice to have the capacity to fix it. as the president and senate are dominated by the left that has no intention of balancing the budget or reducing taxes or getting the economy moving and they have done it for all of this time. >> the real world the congressional republicans have been the most outspoken in washington. they have been the loudest. they have been the ones the harshest. they don't like anybody very much. let's be very clear about this. the republicans in the house have given them reasons not to

like them just as the democrats have given reason to question them. i was chair of the democratic national campaign committee back in 1998. this is the year that all the incumbents are going to lose but this may be the year. >> gregg: we're out of time but bot of you are former congressmen. latest poll, 10% approve of congress, 81% disapprove of congress. >> not a good year to be on ballot. >> not a good year to be a candidate. >> they miss you there up there in washington. >> they don't miss us that much. >> gregg: congressmen, good to see you both. >> heather: talking about leveling the playing field. sixth grade boy, star on the football field but officials say he can score at will. they decided to hold him back.

and controversy over a gay soldier that was boo'd at a gop debate. our panel weighs in straight ahead. we're america's natural gas and here's what we did today: supported nearly 3 million steady jobs across our country... ... scientists, technicians, engineers, machinists... ... adding nearly 400 billion dollars to our economy... we're at work providing power to almost a quarter of our homes and businesses... ... and giving us cleaner rides to work and school...

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[ junior ] and serve more customers. so you're not just getting financial capital... [ cheryl ] you're also getting human capital. not just money. knowledge. [ junior ] ge capital. they're not just bankers... we're builders. [ junior ] ...and they've helped build my business. >> heather: president obama blasting presidential candidates about don't ask, don't tell. question that was asked by a u.s. soldier during the fox news google debated that happened last week. that prompted the president to say this at a gay rights dinner just last night. >> we don't believe in a small america. we don't believe in the kind of smallness that says it's okay for a stage full of political leaders, one of whom could end up being the president of the united states being silence whd an american soldier is boo'd.

>> heather: joining me is our panel. thanks for joining us. >> so this thing that happened. fox news google debate. when the soldier asked the question and it was on videotape. everyone in the audience and lots of people in the audience, i don't know how many boo'd and there was no response? >> i think the republicans missed a big opportunity. you have to be quick on your feet and it's somewhat scripted but not to call it out. we may have a debate about gays in the military. we can disagree but not appropriate for you to be bioaeg and to make a -- booing i think that person would have stood out in the field. >> and bigger is what is happening with these debate

audiences, similar to sports team when you have the 12th man or sixth man in basketball. audience is part of the factor, you've got independents and other americans who aren't as plugged in sitting back and saying, equating the republican brand with a bunch of folks in a biker bar, gay-bashing and cheering the death of someone -- they are making it a part of that. >> i don't know you can make jump they were gay-bashing or this is a gay soldier. they were booing the don't ask, don't tell policy. >> i watched it. it looked like they were booing the soldier. >> i watched it, as well. >> i didn't think they were booing the soldier. >> i thought it was a home run for the president to point out the difference between him and shout out to herman cane who

today said, by the way, cain said i should have said something when they boo'd that soldier. i don't think most republicans would support that. better late than never. >> yes, it's the right thing he said. but he was monday morning quarterback and he wasn't there at the time. >> heather: i guarantee i would think it would not happen again. >> i think all the candidates learned something. >> it's the first happened at the debates. with we're seeing a trend where the audience far fringe elements of the republican party. >> and frightening independent voters. that kind of behavior really terrifies people. >> heather: speaking of the 12th

man. sixth grader, such a star player on his football team that officials are applying an old but rarely used league rule just for him. they are limiting boy to scoring three touchdowns pev game. otherwise they say he will score every time he gets the ball. kids all take it in stride. >> i run hard and bring it back. god always comes first before anything. >> what listen is this teaching? and those other kids. >> it's a horrible lesson. i have two kids going through the public school system. t-ball where everybody goes up until they hits and they score. they are competitive. you don't want to quash the competitive spirit. cute as he is, obviously very

football player. >> i think competition has to be balanced. i think it's more important, did you have fun, versus did you win. probably, you would actually promote teamwork and cooperation more. maybe working with his team where he can understand it's not just about him scoring. i think watching him he is clearly got, i do worry about the message you are sending. if you are too good you have to be slightly less good otherwise we're going penalize you. >> apparently right now, as it stands it doesn't take effect for seventh graders and he'll be in the seventh grade next year. he outscored 7 noochdz one game. i think the n.f.l. is watching him already. [ laughter ]

all she wanted was a female doctor but a muslim woman the hospital disregarded her wishes and then insulted her religion. our power panel weighs in on that up next. g enough vegetable? maybe not. v8 v-fusion juice gives them a full serving of vegetables plus a full serving of fruit. but it just tastes like fruit. [ male announcer ] get five dollars in money-saving coupons at v8juice.com. [ female announcer ] somhing unexpected to the world of multigrain... taste. ♪ delicious pringles multigrain. with a variety of flavors, multigrain pops with pringles. the two trains and a bus rider. the "i'll sleep when it's done" academic. for 80 years, we've been inspired by you. and we've been honored to walk with you to help you get where you want to be

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>> heather: a muslim woman is

demanding an apology in philadelphia after she says a male nurse mocked her faith. jenny brown needed to go to emergency loom but she took the time to call ahead to request a female doctor for religious reasons but when she got there she was greeted by a male nurse instead. her sister explains what happened next. >> and they said we don't discriminate. asked them to go against her beliefs because you don't want to find her a female doctor. he said i'm sure god will forgive her. >>. >> heather: she says her rights very were violated. it was against their policy. a patient can see a doctor of a preferred gender if circumstances warrant. they may have to wait a little bit longer. back with us is our panel to talk about this. so violation of her rights? >> absolutely.

the hospital is really lucky she wasn't hurt. she went to another doctor, she was able to get help. >> 45 minutes away. >> she couldn't have, damage could have been done. but their policy on their website, if you have religious reasons you may get gender specific physician and that didn't happen with her. they violated their own policy. >> not to mention the response from the male nurse. >> that is what was unforgivable to make fun of her religion. who is he to say god will forgive you. >> not only going deny the person that asked for but insult your faith, as well. i think this lady is entitled to an apology. >> it was absolutely inappropriate but i think we have to keep in mind emergency rooms are chaotic places. my mom is a nurse. i totally understand you want to

be able to make sure you ied by by religious beliefs but in a chaotic situation, you can't expect her preferential treatment. >> heather: thank you so much. we appreciate you joining us. that is our power panel for today. >> gregg: the man accused of giving michael jackson a fatal dose of drugs. our legal panel is here. [ kristy ] my mom is well...weird. she won't eat eggs without hot sauce. she has kind of funny looking toes. she's always touching my hair. and she does ts ncing finger thing. [ male announcer ] with advanced technology from ge, now doctors can diagnose diseases like breast cancer on a cellular level. so that women, like kristy's mom, can get personalized treatment that's as unique as she is.

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>> hello, i'm heather childers. welcome to a brand-new hour, inside america's news headquarters. >> i'm gregg jarrett. topping the news, jitters on wall street, as we enter the month that history shows can be the most treacherous for the stock market with all the talk of dipdouble-dip recession. there may be signs that we are in much better shape compared to where we were in 2008. >> heavy fighting in libya, as rebels continue to close in on muammar al-qaddafi's home town. we'll have a live report from tripply. >> and the wooing of chris christie goes into overdrive. but will the chorus of republican voices be enough to draw him into the race for the white house? >> the u.s. military turning to drones, putting terrorists worldwide in the cross hairs.

yemen, killing three people, including the al qaeda leader and american-born cleric anwar al-awlaki. the drone,a deadly weapon of warfare that we could be hearing more about in the future. we go live to washington. steve, is the obama administration shifting more toward drone technology in fighting terrorists? >> reporter: well, heather, drones are certainly effective in the mountains of afghanistan and pakistan, and in places like yemen, where there is little chance of apprehending a suspect on the ground. that's where they took out anwar alwlaki. now, intel intelligence operatives are quick with the unmanned aircraft, took out anwar al-awlaki at a relatively low cost without putting american military personnel in harm's way. even some of the president's fiercest critics support this particular drone strike. >> i think it was a very good strike. i think it was justified. i think it's a very effective use of our drone technology. >> reporter: cheney said he thinks the president should have the authority to order such a

strike, even if the target is an american, like anwar al-awlaki. >> so will we be seeing more drone attacks and fewer traditional military forces? >> reporter: it will probably be a mix of both. we will be seeing more drone attacks, that's for sure. they cost less than traditional military operations, but they may not be suited to any situation, like a confrontation with north korea, iran or china. some worry, they could be abused. >> let me say one thing about drone strikes. i support them as a tool. but we have to be very careful how we use them. we have to have a counter narrative. we have to live our values, diplomacy and development in these countries, in order to persuade the next generation not to strap on a suicide belt. >> reporter: harmon also wants a justice department memo that outlines the obama administration's justification for attacking and killing an american citizen. >> thank you very much. for an extensive, in-depth

report on anwar al-awlaki, tune in tonight for fox news reports, the american terrorists. that's on fox news at 9:00 p.m. eastern. >> more than 700 arrests during a massive demonstration in new york city. protesters handcuffed, hauled away after swarming the bridge yesterday, denouncing corporate greed, global warming and a whole lot more. we go live to our new york city newsroom with more. >> reporter: they have been peacefully demonstrating for two weeks until yesterday, when they got into clashes with result, resulting in cops shutting down a whole lane of traffic on the brooklyn bridge several hours. the impromptu trek to brooklyn was supposed to stay on the pedestrian pathway. it did not. the crowd spilled onto the roadway when the police started making arrests. the majority of 700 arrested were given citations for disorderly conduct and released on the spot. some protesters say they were lured onto the roadway by

police. but police say no one was ever tricked into being arrested. all were, in fact, warned, if they didn't leave, they would be arrested. those in the back of the group, police say, who couldn't hear those warnings, were allowed to leave. protesters who have been campingly --ing out in manhattan's financial district say their movement has grown within the last couple of weeks and they have no intention of stopping. the occupied wall street demonstration started small, with less than a dozen college students. it has grown to include thousands of people in communities across the country, as you can see, in denver, albuquerque, new mexico and los angeles. now entering its third week in manhattan, spending their days and nightings in the park, saying they will stay as long as they can. one new york city school teacher who joined prot test today is quoted as saying the financial sfrea isn't doing enough to solve the country's economic problems. blame wall street, i guess. that's their motto.

>> a lot of folks feel that way. thanks very much. >> reporter: sure. >> well, it is a race against the clock in libya. a humanitarian crisis unfolding. in one of the last qaddafi strongholds there, reports of the wounded dying on the operating tables simply because there is no fuel for hospital generators. david piper streaming live in tripply with more on that. david? >> reporter: hi, gregg. yes, there is a danger of a humanitarian crisis because of the number of injured civilians still trapped there. a team from the international red cross managed to get in today and got as far as a hospital they were delivering supplies. but they said the place was overflowing with people injured from the fighting. now, the red cross says medical supplies are still very low there. there is a problem also with power, with fuel running out for the generator.

there is also a weak oxygen supply and the water supply to that hospital has been damaged in the fighting. and they do say now that people, if they don't get treatment, will continue to die in that hospital. they also report that they couldn't get into the wards in the hospital because it came under attack while they were visiting. a number of rockets hit that building. several rockets hit that building. also, at the same time, we understand the fighting is continuing despite a truce that the revolutionary forces introduced about 24 hours ago. they are, though, trying to help civilians. they have introduced a route to allow them to get out. hundreds of vehicles packed full of families have been getting out of that town over the last 24 hours. but these are revolutionary military commanders say once this truce ends, they do intend to go in, unless, of course,

qaddafi forces give up, which does seem unlikely because they have faced stiff resistance up to now. they say they intend to flatten that town, gregg. >> live, thank you very much, david piper. >> as of friday, the u.s. stock market ending one of their worst quarters on record. but even with all the gloom and doom, there is still some signs of hope. and bulls and bears, brenda butner is here to talk about all of that good news. right? >> absolutely. historically, october is a rather ominous month for wall street. why? >> yeah. it can be. that's when the biggest crashes have come. but that's also the opportunity to make the biggest money. when you say it's automatically going to be a double-dip recession because there has been this feel of the dark days of 2008 when lehman brothers fell apart. there is a lot that's different

now than then. basically, the stock market has gone down half as much as it did. yes, we're falling. but we went up a lot, as well. bonds went up quite a bit in the last week. there is a lot of faith in the fed and the fact that it is buying up u.s. treasuries. there is a brisk buying of u.s. cars. there won't be a bailout there. there won't be a bailout of u.s. banks, even though they have been hard hit stockwise. yes, there is gloom and doom overseas. europe is having a very rough time. and there may not be a fiscal answer to a default in greece. but they are working hard to find some sort of answer over there. but over here, we still have a gdp, gross domestic product, that is positive. unemployment is the big issue. it remains the big issue. and the fact that we are still

spending too much in washington. but we have an election coming up. and traditionally, when there is an election coming up, the people who most want to keep their jobs are the ones in washington. and they give out a lot of goodies. so it could be that we might see unemployment go down for a bit. >> really? >> there are some positives out there that make this not at all -- it's not certain that we are going to be heading into those days. but we all suffered in 2008. >> not certain, but you are not saying definitely not. >> oh oh, yeah. >> go back to the auto sales. april was the best pay since april, 12.9 million sales this month. what do you attribute that to? >> there was a lot of pent-up demand and a lot of incentives. a lot of the automakers were coming out with new models. it's been a while since they have. >> do you think that trend will continue?

or is that a false positive? >> at least for now, we don't have the federal government going in there and saying we have to bail you out. there was a lot that was done with the unions. you know, there was a lot of error hard talk done with the unions. not as much as many of us would like, but at least, there was on the table, we know that pensions of state workers, pensions of unions have got to change in some way. and if somebody like chris christie, hohas gone in and actually put this on the table publicly, if he gets into the race, it's definitely going to become a debating point, if nothing else. >> we will be talking about that in a little bit. whether or not he's going to run. consumer confidence, that's what we touched on. but the bond market. you expect those to continue to rise as well? >> well, i mean, stocks -- stocks have been down. i mean, they have been falling. but they did go up. but the bond market was one place where you were getting some money. it was safe for a little bit.

a lot of people have been putting their mon necash where it has been safe. you haven't been making any money off of it. but you haven't been losing much money either. that's one thing to remember. there are times during the stock market's reign where it's better not to lose it, instead of not gain. >> the biggest problem continues to be the unemployment, 9%. but let's end on a positive note. your biggest sign of hope? what do see? >> american capitalism, always in the end comes through. and stocks in the end, even -- remember back in 1987, stocks will always go up. you just have to wait. >> exactly. they always go down, but they always come back up. depends how long have you to wait. >> thank you very much. >> have you noticed it? there is a chill in the air. across most of our nation. it's a reminder that fall has arrived.

here in new york city, outside our headquarters here, temperatures have actually dipped into the 60s. th breakfast at tiffany's holly-go-lightly feel to it, doesn't it? >> love it. >> we go live to the fox weather center for more on that. >> hey. it's 59 degrees now in new york city. we have dipped into the 50s and 40s across parts of pennsylvania. and on facebook, there are photos of snow that has fall nen pennsylvania. and of course, also some snow in west virginia. so looking at very chilly conditions in the northeast. but as we take a look off to the west, central plains, it's very warm. currently, 96 degrees in rapid city and in the 80s in texas. 80s in texas is a cooldown from what you have experienced over the last several weeks, even over the summer, across that region. out west, not too out of the ordinary, in the 80s in the rockies and a big cooldown in

store for the west coast with a new storm system that will be arriving as we head into tonight and also basically through monday and tuesday. now, there is frost advisories in kentucky, tennessee and western north carolina, due to the chilly temperatures that are in place tonight. as far as additional rainfall across the northeast, not just tonight, but monday and tuesday, the storm system just continues to spin in moisture, very isolated stuff right now, unless you live in the city of cleveland, ohio, western pennsylvania and also looking at just conditions across portions of new england. the storm system again, going to be a slow mover, continues to produce light snow in west virginia, higher elevations. at 6:00 p.m. tuesday, light showers. tomorrow, the country cool in the northeast, low 60s for highs. and out west, you will start to see the changes along the coastal areas with the new storm

system bringing in cooler air out west as well. >> is this going to hold up for the mange league playoffs and the world series? >> when? tonight? >> i mean the whole month of october. >> the month forecast? we are supposed to get better wednesday, thursday, friday. it will be sunny. >> all right. they should have moved it back to september. >> it was raining then, too. >> good point. >> all right. thanks very much. >> i like fall because of football. football's my sport. >> absolutely, especially college. >> love it. are unemployed americans the newest protected class? why a provision in the president's new job plan, it is worrying would-be employers. and week 2 in the man manslaughter trial of dr. conrad murray, accuse in the death of michael jackson. the dramatic recordings of the king of pop in his final days, played in court. our legal panel weighs in on that, up next.

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>> welcome back, the president's jobs plan includes plenty of proposals to get the unemployed some help. but there may be one part of it that would actually hurt employers and it has them worried. under it, applicants could sue if they think they were denied a job simply because they're unemployed. bob rice joins us now, a former department of justice attorney, managing partner with tangent capital partners. you brought this to my attention. thank you for doing so. buried in the president's jobs bill -- and i don't think a lot of people knew it was there. i didn't know it was there and i read it. is this provision that lets the jobless sue, on what ground ?rs. >> exactly. you didn't get to it because it's the very last provision, 374. >> no wonder! >> exactly. it allows people to sue on the basis that an employer may have given the job to someone else merely because i was unemployed.

so if i am unemployed, i apply for a job, i don't get the job, kisue the employer. >> this creates a whole new protected class. we have gender, we have age, national origin, religion, race, so on and so forth. now we have a whole new class of protected citizens who can sue and this creates, ha? an explosion of litigation? >> yes. i'm pretty sure the only people who will see new jobs created are the trial lawyers, our good friends. in fact, it's only rational, if you are unemployed and you don't get a job, the only rational choice is to sue because you might win and plenty of lawyers will handle it on a contingency basis. >> and they might try to file a class action. a at a time when excessive litigation is adding costs to all kinds of things from health care to insurance to the cost of doing business, this arguably make its even worse? >> oh, absolutely. i think it make its worse for

the unemployed because no employer will advertise broadly for a job because they might get people who are unemployed applying and if they turn them down tmight end up in a lawsuit. it exacerbates the problem for the unemployed and obviously will retard net new job creation in the united states because it increases the costs, it increases the risks. and if you are an employer, you are going to think, wait a minute, maybe i should create this job overseas where these laws don't exist. >> you run a company, you know this very well. there may be good reasons why you would reject somebody who's been unemployed for a while. there is a reason wh they got fired to begin with. don't you try to steal from competitors because those are the people who are really, really good in and they are up on the subject? >> of course. it's a highly competitive environment. you are always after the very, very best hire you can make. frequently, that will be somebody who is winning business

from you at another firm. so you will try to get that guy on your team. >> wait a minute. this is the government saying, wu don't want you to hire the best person. >> right. the government is stepping in and trying to allocate the jobs, who should get hired. they will say, look, don't hire somebody who has a job, hire somebody who doesn't have a job. again, it is well intentioned, but it's profoundly naive. >> is this going to result in an explosion of frivolous lawsuits? >> if it's passed, it clearly will. there is no question about it because the unemployed person doesn't have a down side and the trial lawyers don't have a down side because they don't have enough to do, so they'll bring the action and the contingency lawsuit. it is clearly going to create costs, red tape. it's going to dis-incent employers from opening a job slot. that's the last thing we need in this economy. >> you know what, often buried in legislation, the fine print

at the end is stuff that really comes back to haunt the american public and our economy and job growth. thanks for pointing it out to us. good to see you. >> thanks. >> how about this, gregg? no fine print. go to jail or go to jesus. that's the choice in an alabama police chief is offering first-time offenders, if they are convicted of a crime. even though people in his community support the strategy, there is plenty of other who is say the program needs to end now. we go live to atlanta for more. hi, elizabeth? >> reporter: hi, heather. two very distinct sides to this story. on one hand, you have the police chief, michael roland of alabama. he's a huge supporter. he says it's legal and good for his town of 8,000 residents and the mayor supports him. on the other hand, the aclu says that this program is

unconstitutional. it is supposed to start days ago and would have gone given first offenders the option to go to jail and pay a fine or go to church once a week. it is the church of the inmate's choice. so far, 60 churches have said they support the program. but as i said, the aclu is saying it's unconstitutional. here's haone lawyer had to tell us. >> the government should not be a conduit for recruiting church members. that's hathey for doing here. they are monitoring and enforcing church attendance and quizzing the offenders about hathey learned at the church services. that is blatantly unconstitutional. >> now the program is on hold until october 11. the state attorney general is take egg look at whether or not the program would violate the separation of church and state. right now, we are hearing from residents, they are reacting. and the reaction is across the

board. >> it's like they are trying to force religion down our throats. >> i think it's a good idea since they are given the opgdz to do -- option to do either and they are given the choice of church or denomination to go to. >> i have been in touch with chief roland. he has a gag order and he is not speaking to the media at this time until there is a decision made on october 11 on whether or not this program will be instituted. before that gag order was in place, he told local media, he believes in the program. he believes it's constitutional and he insisted it's completely voluntary. >> all right. thank you very much. we appreciate t. keep an eye on it for us. >> that would be the easiest question on the law school exam. >> the pressure is on. new jersey governor chris christie feeling the heat from the republican party. but is he really eyeing the white house? plus, whole foods that are both delicious and healthy. easy ways to avoid packing on the pounds.

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>> welcome back. bottom of the hour. many officials saying al qaeda's chief bomb maker was not killed in that u.s. drone strike on friday. u.s. intel suspected he may be among the dead. >> a movement is growing. the occupied wall street demonstration nearly entering its third week. >> israel's prime minister welcoming a proposal my international mediators to resume stalled peace talks with the palestinians. the u.s. state department calling on both parties to reach a deal within one year. an unusual case of road rage in

oregon over a stalled electric cars project. environmentalists claim they haveeen ripped off by a company that was paid $130 million to install electric car charging stations, financed by -- drum roll, please -- department of energy. in other words, your tax dollars. dan springer is live in los angeles with more. dan? >> reporter: yeah, gregg. we have another stimulus program that is failing to get traction as the electric vehicles remain a tough sell. there is just a very small market. let's face it. the plan was to give a company $130 million to install public electric stations, charging stations, all over six states. but two years later, they are way behind schedule and missing deadlines. in oregon alone, they were supposed to have 1200 blink stations installed and they have 95, and all of them the last few months. critics say it's another example of government failing to pick winners and losers in a free

market. >> you just hand out money, and you don't hold people accountable, you shouldn't be surprise that the money disappears and things don't get done. there is not enough private skin in the game. >> reporter: environmentalists are upset with the company, saying they should be putting the chargers all over the place to get over range anxiety and lead more people to buying electric cars. but the company says they don't want the stations to go unused. and right now, there are only a few hundred nissan-leased vehicles on the road in oregon, so there is very little need for charging stationses. the company says i was not aimed at getting people to buy more electric cars, but to find out where and when the electric car drivers charge up. >> we are stewards of the government's money in this project. and we are pacing ourselves with the installation of these public stations to be in a pretty good ratio with the actual number of vehicles coming out.

>> reporter: yes, indeed. they are pacing themselves, about 1/10th of the goal. electric car sales have been hurt by the economy, very pricey about $30,000, even after the government pays $7500 in the way of a tax rebate, after you buy one. but also, the tsunami nejapan hurt production. the hope is that once these cars are built in tennessee in 2013, more people will buy them. gregg? >> dan springer, live in los angeles. thanks very much. >> everybody's talking about new jersey governor chris christie. you may have heard his name a time or two in the race for the why house. republican leadership putting the pressure on christie to toss his hat into the ring. he has already said several times that he is not running, not going to do it. but will christie have a change

of heart? joining us live is fox news contributor, michael goodwin. michael, do you have the answer? is he going to run? >> no -- no, i don't have the answer. just to be clear t. sounds like a joke. everybody talks about chris christie and nobody does anything about t. he said he will decide soon, after saying many times he wouldn't runful he left the door open. now privately and through sources saying he is reconsidering. so i think that just given the election calendar, the necessity to get on the ballots and to raise a lot of money, he has probably a week at most to make up his mind. >> and why do you think the delay, first of all? and secondly, why do you think the change of heart? i know many people have talked about governor rick perry fumbling a little bit? >> yes. i think, look, there is clearly an opening in the field for somebody to take control of the field. right now, have you perry and romney at the top, sort of

switching positions over the last couple of weeks. one was a frontrunner and it goes back again. so i think there is a loof indecision among voters. when you add up the total of all the candidates, you have about 60% preference among all republican voters who have been queried. so there is a lot of room for somebody else. i am among those who thought perry would be the final addition to the field. but clearly, the field has not settled yet. >> when you take a look at chris christie, he's not an orthodox conservative. >> right. >> also, his foreign policy experience. do you think that those two areas may harm him? >> i think there are a lot of negatives about chris christie that would make it difficult for him. but right now what everyone is focusing on is the positive. i think the positive is this idea of leadership. when you see romney and perry and tim kaine and michele bachmann and gingrich, fighting

with each other, they look very small. i think president obama is escaping the focus. i think for a lot of republicans, this is off track, that the focus should be on presidential leadership. when you hear chris christie talk about that, when you see the way he's conducted business in new jersey, have you to say, this is a leader. this is a guy who can get things done who, doesn't monkey around with mumbo jumbo, who goes to the heart of the matter. he said that, you know, the job of an executive is that when you see a problem, you solve t. when you are the president of the united states, you can't let somebody else go first, you have to go first. i think he's talking and acting like somebody who could be a really viable presidential candidate. but until he gets on the stage with the others and goes through the debate gauntlet, we won't know. >> will he be able to survive or doing the same thing that the others are doing? >> look, you would hope that anybody who gets in now would have learned from what the others are doing. not to be unfair to them because

it is very early. this is the debate schedule is something they have agreed to, not organized. but it is very hard, i think, the way it's going for any of them to rise above the fray. so it would be a challenge for him to do it, too. >> we have to wrap up. if you were a betting man, what would you say? yes or no? >> i would bet $6 out of $10, yes. >> $6 out of $10. we'll see. by the end of next week, i think we will have a decision, too. you can read michael goodwin's column in the sunday "new york post." >> $6 out of $10? i wouldn't bet a nickel. two bits, maybe. >> he's a high roller. >> you heard it here. week 2 in court for the doctor accused of michael jackson's death. our legal panel is here to evaluate some of the really shocking testimony. witnesses describing the moments of panic after the so-called king of pop died. >> did you ask dr. murray whether or not the patient was

taking any medications or had been given any medications? >> yes, i dimp did dr. murray provide with you an answer? >> yes. >> did he provide you with an answer right off the bat when you first got in and asked that question? >> no. i asked a tom couple -- i a couple of different times. >> specifically, regarding medication? >> yes. >> my name is roger stump.

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it goes wherever you go. get it free while supplies last. call the number on your screen to get your free video, brochure and your free hoveround collapsible grabber. call the number on your screen. >> welcome back to the manslaughter trial of michael jackson's doctor, entering week 2. conrad murray, accused of gross negligence in the pop star's death. prosecutors say he prescribed jackson a deadly mix of prescription drugs. last week, jurors listened to audio recordings of michael jackson himself. his voice, heavily slurred. here's part of it.

bob massy and lisa wheel. you are will the former federal prosecutor. does that horrible recording -- does that elevate the requirements on the doctor himself? in other words, he's on notice that michael jackson is in a fragile state, maybe addicted to all kinds. substances. second of all, he has therefore a higher level of care as a doctor? >> of course, gregg, because he knows that michael jackson is in deep trouble. i mean the tape we just heard -- it's really sounds like he's almost on his death bed there. murray had an obligation to step in and say, wait a second, what

we are doing here is not working. we need to take an alternative method here. >> bob, alberto alvarez took the witness stand, the bodyguard at the foot of the bed as dr. murray was trying to save or revive mike t. may have been too late. and suddenly the doctor says -- allegedly, to alvarez -- here, take these vials put them in a paper bag, as if to hide incriminating evidence. what do you make of that? >> irreparable type of testimony. these are the kind of things that are so penetrating. and when you hear the tape, as you played at the beginning and then you compare it to the video, this is it, when he was preparing for the tour. you wondered to yourself, how much -- what was he on when he was doing that kind of audition, preparing for the tour? but the one thing, gregg, that bothers me, i don't know how lis

feels about this. all of these people who were surrounded by this man, they were all on the money train, including his fasmly -- no disrespect -- that saw this man deteriorate. this is by the way, in no way to absolve dr. murray of his standard of care and responsibility. why didn't somebody step in, seeing this kid deteriorate? i don't get that. >> they are all beholden to him. he is rich. he is powerful. there is a lot of hangers-on. nobody wants to challenge him. >> of course. >> those people, the hangers-on, even the family, as sad as it is, but they don't have that same duty of care issue the standard of care that his doctor has. >> you know what, lis, i don't disagree. you're right. i don't think there is any question. but you know what? they have to be careful in prosecuting this case in that they line all of these people up that they had to do to proof the case. i get that. but is it going to be too much that all of these people just

keep piling on, piling on, piling on, knowing this guy was an addict, can there be a sympathy toward dr. murray? >> here, lis, here's the deal. they didn't over prosecute this case, which was very smart. they didn't go for murder or voluntary manslaughter of they went for involuntary manslaughter. it's either an illegal act performed, resulting in death, or a legal act performed negligently, resulting in death. >> it's an illegal act because propofol is not supposed to be administered other than in the hospital. so he shouldn't have had that to begin with. but gregg, i agree that charging involuntary manslaughter was the right way to go because dr. murray didn't want michael jackson to die. michael jackson was his cash cow! >> yeah. you know, bob, i think they are going to go with -- i disagree with lis.

i think they are going to go with a legal act, in other words, giving him propofol, performed negligently under the circumstances. what do you think? >> li think it depends. i'm assuming, gregg, that somebody that is a physician, an expert, will come in and testify, an anesthesiologist saying this propofol should only be used in a surgical setting. i don't know if that's legal, i think that's illegal. >> really? >> the place it should be is in the hospital, using it elsewhere would be illegal. >> i think that make its negligent. but i want to ask one other thing. lis, you pointed this out to me. jackson had a catheter to drain urine, an oxygen tube in his nose. what does that show? >> it shows that he was very, very sick and murray should have known it. it disproves the defense, if the defense says, look, jackson was taking propofol himself. he was self injecting. how could he do and it doesn't

make sense that he could do all of that. >> what if the defense is able to persuade these 12 jurors that wait a minute, the doctor properly administered the propofol, under unusual, unique circumstances. but michael jackson wanted more and when the doctor was out of the room, he doped himself up, a fatal injection. an additional injection of propofol. >> who's going to testify to prove that? >> i don't know. but the defense attorney is arguing that. >> let me tell you, they better have somebody to deliver that. otherwise, on the lowing statement, i think it's a stretch. look, lis, prosecuted. they don't have much, gregg. they have a doctor they represent that is administering a drug that shouldn't be administered in that setting. the biggest thing they have going for them, he was an addict and he was on the way out, period. >> but they could argue that addicts are very deceptive and he hid a bit of propofol and

gave himself the fatal dose. >> except, how did he get the oxygen mask over his nose? how could he do that? i mean, you are right, the defense has a defense here in the sense that nobody was in the room when -- except murray. >> reasonable doubt. >> that is reasonable doubt for one person. i don't disagree. >> thank you both. >> thanks, gregg. >> it is that season, pumpkin pies, hot chocolate and plenty more, making it really easy to pack on the pounds. up next, healthy and delicious fall food ideas that gregg loves that will help you keep your summer shape. >> love pumpkins. have given way to sleeping. where sleepless nights yield to restful sleep. and lunesta can help you get there, like it has for so many people before. when taking lunesta, don't drive or operate machinery until you feel fully awake. walking, eating, driving, or engaging in other activities

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>> all right. it's fall. and yes, we did plan to be outdoors, but it is pouring rain on sixth avenue right now. binevertheless, there is our picture, as you can see -- >> looks like fall. >> wow. it's a tough time for the weight-watching community, sandwiched between summer and the holidays where we can -- oops, pack on the pounds. >> men's journal put together a list of fall foods that will help -- they promise -- help you stay in shape and look just like that, gregg. >> in my dreams. >> the senior editor of health and fitness for men's journal.

thanks for being here. >> thanks for having me. >> on average, you say people eat about 200 calories more than they would other days. >> than they do during the winter, summer, spring. it's surprising. i thought it would have been winter. and on top, we tend to exercise less in the fall and the winter because it's not as warm and as nice so that compiles to serious weight gain, if you are not careful. >> we have a beautiful table here. we begin with what, apples? >> apples, a classic fall harvest food. fresh apples that you get from a local farm stabbed make a phenomenal snack. if the only ones have you had are carted on the truck in the supermarket, go and find fresh apples, they are sweet, 100 calories, zero fat, going to keep you full. wonderful. >> these are? >> baked apples. this is it is apple pie alternative. apple pie is 400 calories, or at

applebee's it's a thousand calories. this has white wine to bring out the flavor. 150 calories, it's wonderful. fill you up. it's dessert. >> now these! >> right. >> those are made with -- they are very fudgy, they are brownie mix, no oil or eggs, but use canned pumpkin, not the pumpkin pie mix. >> this is pasta made with a pumpkin sauce instead of a cream sauce. >> good idea. >> very rich, you get potassium, fiber. we have turkey sausage in here. >> you wanted to get through to the cauliflower. >> low-carb, low-calorie option. pine nuts, over stir fried, mashed cauliflower instead of potatoes. it's phenomenal. >> the chef who made it --

>> mash it up with what? >> a little butter, not a lot. >> olive oil. >> or olive oil. >> looks great. >> phenomenal. patrike -- paprika here. >> we are good luck to eat all of this. "fox news sunday" with chris wallace next. [ male announcer ] heard this one? listen to this. three out of four americans don't get enough vegetables. so here's five bucks to help you buy v8 juice. five bucks. that's a lot of green.

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news where more news is always captioned by closed captioning services, inc. i'm chris wallace, the president's new "in"