>> ladies and gentlemen, please... (inaudible) >> after the mass arrests of over 700 anti wall street protestors the scene of the makeshift district today is calm colorful and almost quaint. most demonstrators ranging from far left to far out. >> tell me about yourself. how old, what do you do? >> most important is not what i am who i am assen individual but what i am to the spirit. >> i am an torn. a lot of my fellow attorneys feel the same way i do. we are the ones lucky to be employed we are over worked and under paid. >> why are you here with your little ones? >> we are here because we don't have good health coverage. we are just living off credit. >> saying they take their inspiration from the arab spring demonstration that swept through northern africa and the middle

east toppling dictators and governments several hundred of the occupy wall street protestors have been here for a couple weeks now. they are among other things protesting the consultation of wealth in this country and they are also very angry about yesterday's mass arrests by the nypd. >> do you realistically think anything could come of this? >> we have been here two weeks a lot of people aren't leaving. we have to go to work for a couple days before we can come back. >> jailing us for ten hours for no reason isn't going to stop us. >> can't let our arab brothers and sisters can't get ahead of us in terms of how they are changing things. hopefully the tool kits exists for nonviolent change. >> with due respect to susan sarandon up close this is not tunisia or lockheed. this is not like greece easter or london or even israel.

at least not yet. occupy wall street is more like kids trying to recapture their grandparent's flower pedal or closer like the early tea party when the mainstream paid little attention and mostly to ridicule. whether they will change anything depends on whether they broaden their appeal and stick around long enough to be taken serious. >> i am glad fox is here. fox is here. there is a god in heaven. >> thank you michael moore. >> from washington, this is another fox news alert. a oo on monday the supreme court makes a return the 9 justices almost certainly deciding the issue central to the election. >> that is bad, it is uncons tau /* -- -- unconstitutional.

>> this $1 trillion bomb is creating such uncertainty in the marketplace is businesses aren't willing to hire. >> i could do it on my own timetable and not on a bureaucrats timetable. >> this is one of the reasons i believe a lot of people are objecting to obama care because we need to get bureaucrats out of the business of trying to micro manage. >> the signature achievement gave birth to candidacies like michelle bachmann. >> i introduced the bill to repeal obama care. as president of the united states that's the very first thing i would do is repeal obama care. >> never has an issue so united a political opposition. >> that is how we go forward with our hiealthcare each state

deciding how they are going to deliver that healthcare not one size fits all. >> more surprising than the united opposition is the obama's administration last week to join in asking the high court to look at the constitutionality as soon as possible. >> it will be upheld bynum russ courts and we look forward to that taking place. >> the verdict will likely be handed down next june in the heart of the race for the white house. >> the court is roughly divided by the sfooichl four conservatives this decided bush v gore. >> if they don't follow existing law and precedent we will have to manage that when it happens. >> 26 days in the national federation of independent business are suing to have the

law specifically that requirement thaefsh get heal-- everybody get health insurance be declared unconstitutional. general welcome to the program. are you surprised -- >> good evening geraldo. it is pam. >> okay. i like the general thing. anyway. are you surprised the obama administration wants this. >> pretty much every lower court remedy were exhausted. they won the circuit court of appeals we asked for the judges to hear if wep weren't afraid of that the justice department didn't want that. we had a repeal on the main issue. their only lower court remedy would be to ask for all of the judges on the 11th circuit to hear it again. i feel confident we would

prevail there once again. i am pleased that we filed our petition with the supreme court and now the justice department has because this truly, geraldo, is the case as you said of national importance. now the game is on. let's take it to the high court let's fight it out there is that good or bad? >> geraldo, it is great. right now as you know we have 26 states as you said florida leading the lawsuit along with national federation of business two independent individual plaintiffs, so we have the most comprehensive case in the country. there are 28 individual lawsuits going on out there. we feel we have the strongest and we also have the best ruling. you know geraldo you have to remember we were talking about the complex of the supreme court and the judges that ruled in our favor in the 11th sir cucircuit was appointed by president clinton one appointed by president bush. >> the left is trying to get

justice thomas removed from the case because his wife is the lobbyist who approved the healthcare law the right is trying to get justice yang because she was solicitor general helped put together the legal dpeens of this law. should either of these justices be found? >> you know geraldo first to go to justice thomas, this is something that his wife did as a lobbyist the accusation there. it didn't involve justice thomas. as for justice kagan right now there are no motions on the table by either side to recues either justice. these are our supreme court justices. so ultimately they are going to make the right decision as to whether they should hear this case or not. i have full confidence in our united states supreme court. >> wouldn't you be shocked? i know i would be shocked -- let me put it that way. i would be shocked if the court didn't follow it's usual 5-4 right majority over left

minority and declared the law unconstitutional. i think it would be almost irresponsible not to handicap it that way unless you see something different. >> again as i told new the 11th circuit we had a judge appointed by president clinton who ruled in our favor. we firmly believe this is unconstitutional. you know geraldo, 5-4 is a win for the people of america. i don't want to guess on numbers. i do feel confident that this is unprecedented. congress wasn't done anything like this in over two years. i feel confident we will prevail in the supreme court. >> tenth amendment over the commerce clause. >> that's right. if the federal government can force us to purchase a product simply by being alive no activity involved simply by being born then they can force us to do anything.

as the 11th sir cute said in their brilliant opinion that it would ob blit rate our federalist form of government. that's what is it all about. >> it will be quite a drama. pam bondi thank you for being on the program. coming up we are live from italy with the latest on amanda knox. we analyze the information released. dancing with the stars contestant join us. susan powell is missing. his father is under rays for porn. what's her take in the bizarre case.

>> my sons are safe with me. they are safe with my family. i am clearing out any possible

connection to the property my father had in the home. >> there is a serious threat of substantial harm to the child. i cannot at this time return the child home to the father. >> i think the boys were in danger. their welfare was in question. obviously with the stuff that came out about my dad, we all know that that was the a questionable place for them to be. i think josh might have knowledge of that prior to the situation. >> her brother josh powell is a person of interest in the disappearance of his wife susan. steve powell was raised for having the porno pictures of the utah woman in her house. jennifer joins us. thank you for being here. kirk you, too. should your brother get custody back of his sons ages 4 and 6 or

do you believe josh had something to do with all that pornography the child born found on your father? oo i think it is possible he at least had knowledge of the things that were there. i don't know how you could li in the home and not have some kind of awareness there. >> do you think he should get custody back or do you think custody is better off with his in-laws? oo i definitely think they are better off with the cox's. >> you can start this one. do either of you think josh and steve has anything to do with susan powell's disappearance? >> short answer, yes. >> give me the longer version. give me a longer version. why? >> sure. there is no way i could put together a story line that outlines what i think happened. but if you look at what did

happen after her disappearance and after josh's behavior it doesn't mesh well with a loving caring husband who is concerned about finding her. it measures a whole lot better with a husband who has done something and wants to distance himself as fast as possible. >> have you always felt that way? why haven't you spoken out sooner? >> we felt a need to keep this really civil focused on susan the whole time. things moved past for the last two months and we have decided it is time to make sure everybody knows where we stand on it. we never said we do think josh is involved but we have tried to keep it separated for the time being. >> and recently the police have stated something that they are pretty strong on the case, too, and they are looking at him. >> what do you think was his

motive? >> there was a lot of control issues in their home. he was really trying to control her knocking down things like the phone and the van use and the way she interacted with the kids and money management. >> do you think your dad was in cahoots with your brother? >> it is possible with all of the stuff that has come out recently he had a pretty serious obsession with her. >> do you think maybe he tried something and to get rid of her to keep her quiet? >> i have no idea. gis it is possible. but i have no idea. >> this is a very practical question, will you post bail for your father on the child porn

case? >> no. that is not even an option. he belongs in jail right now. i think that's the safest place for everyone else. him in jail. >> on that you have very little disagreement here or back in utah. >> you are welcome. >> it is one of those crimes that is changing the way you live. latest on the home invasion trial is next. stay tuned for jr martinez of dancing with the stars.

>> i want to bring in lis wiehl. i think that was the first time she admitted publicly she thought her father and brother may have been in cahoots in the disappearance of susan powell. >> she really through them under the bus. i was shocked when i was watching this but on the other hand she realizes he did it he is responsible. >> you mean josh her brother or her father? >> her brother and her father was also involved. >> certainly the daughter would have information. >> this is the story i want to talk about. in the way manson murders changed in 69 and la gave birth to the security business in the wealths side of la. the rape torture and triple murder case now going to trial in connecticut really changed

the way people lived. >> he was mad at me because i on several occasions accidentally used his name in front of the occupants of the house. said we got to kill them. >> kill them? >> yeah, kill the family. burn the house down on top of them. >> how did your conversation about killing the family end? >> he just walked away like it was a statement that's how it is going to be. it makes me crazy. >> steve moore the retired fbi agent -- yeah. wrong guy. wrong name right guy. >> right guy. >> for give me. you live near the connecticut border? >> right. >> has it affected you?

>> absolutely. after the shock sort of war off couldn't believe it. kind of all feel i hate to say it a little immune in some of the neighborhoods. it could never happen anywhere. certainly not here. we started a neighborhood watch. we got together and talked about it. i got to my neighbors better. >> this really creeped you out? >> i have got a young child at home. a teenager. i do the adt, i lock my garage and my windows. that one did. unless i get a gun i am defenseless. something like having neighbors lights that are on i do get a lot of my lights changed the outside lights. i now leave lights on at night on the inside even though i was

trying to save energy. i don't do that any more. i keep it on. >> it scared us. >> former nypd detective not fbi agent. guns this may be a big boom for guns. not easy to get guns. >> no. connecticut, new york, suburbs are easy. you have to look toward the systems you already have and you have to alter those systems. make your alarm system audible on the outside. >> it is so annoying. >> someone may call the police put panic buttons in. >> how about a dog. >> the dog is good but the problem is every single time is person is casing they know the dog is there they can slip something through the door. >> it is exactly what he was

talking about. >> he knew exactly what he was going to do. >> can you believe this case -- cases come and go let's face it. we are horrified for the moment then so many catastrophes competing for senor stage we move on to the next case. oo in one stuck. >> there were chances of police or the family alerting police. maybe listen it is easier to be monday morning quarterback that is very, very easy. there are chances they could survive as the police or someone else. >> she did everything. still this happened? what monsters. >> you are looking at a videotape there of casey anthony. i want to thank you both. they were monsters horrifying. i was going to make a statement about monsters in the case case b -- next case but i won't.

how inflammatory is casey anthony then we are going to change the mood martinez that guy can dance. she spend the rest of her time she spend the rest of her time behind we're centurylink... she spend the rest of her time behind we're committed to improving lives and linking americans to what matters most with honest, personal service ... 5-year price-lock guarantees ... consistently fast speeds ... and more ways to customize your technology.

>> this is a fox news alert. the jail house video released

thursday the moment casey anthony learns his missing daughter kari'ye caylee's remai fr were found is adding little debate over casey anthony's guilt. it is sparking information about the sheriff's department. knowing the child's remains have been discovered but not telling the imprisoned mother who was charged with the murder. casey anthony in front of a television turned to a news channel. they videotaped her fit fupitfu reaction they are hoping for an outburst i am cripple nating spontaneous reaction to some sort. they were releasing the one secret recording because it is public record. i credit the prosecution in this case for having the good sense and good taste to not even attempt to introduce as evidence what anthony's chief attorney

jose bias told is the orange county version of border board. now to amanda knox who will learn if she is going home or back to an italian jail or to spe -- to spend the rest of her life behind bars. >> they called me a super pid liar. >> they painted her as wicked. promiscuous and so crazed she murdered her roommate for the sexual thrill of it. her appeals lawyer tried to redraw that image. >> she could be compared to a man eater but she was a faithful woman in love. >> i was very, very scared. they were treating me so badly i didn't understand why. >> charged with slitting meredith's throat in november 2007 prosecutors relied heavily on the then 20-year-old

amman da amanda's supposedly bad parents. >> we were convinced because of the behavior of the two people and especially amanda that they were both involved in the crime. >> immoral american exchange student who drove her ex slave italian lover to madness and murder. on december 4th, 2009, amanda and rafael were convicted. and the family rejoiced. >> you have to agree with that verdict. >> but the knox family was devastated. >> it's not right. they made a mistake. >> the repair job came during the appeals process as the prosecution's forensic case unravelled. >> based on my investigation amanda knox had nothing to do with the murder of her roommate. they found shocking flaws the murder weapon the kitchen knife ladies and gentlemen edly

found in rafael's apartment with the victim meredith's dna onned blade and amanda's on the handle. it was miss identified and hopelessly contaminated. >> the spec found on the knife -- (inaddibudible) >> her bra class p had meredith's dna. it was not found until 6 weeks after the murder. watch in the video how it was collected you see it on the floor handed and picked up photographed and picked up again. in the u.s. such evidence would be excluded for probable contamination. >> after four years of a 26 year sentence amanda may see the outside of herrity tallian prison. >> if three people were in the

room there would be fingerprints, palm prints, bloody footprints everything for three people. >> he says amanda's involvement was not only unlikely it was impossible. steve moore joins us live. you heard the rebuttal evidence in court. will the appeals judges see it the same way we do? >> i hope they will. there is no reason in the world that they shouldn't. they have got the evidence. they have realized and they have seen the dna evidence is not just flawed it is hopelessly contaminated and probably some of it made up. it is time they do the right thing. >> why would they frame amanda? you think it's nationalism? they want to manail the cute american? >> i think what you have is a prosecutor here who's standard

of conduct was over reaching. he has already been sentenced to 16 months in prison and he is prosecuting amanda's appeal on essentially on bail awaiting his appeal. he is december fratly trying to keep his career such as it is. this is the way he has always done business. if he thinks you are guilty he puts you in prison. he has never seen scientific methodology. do you think they framed the man? >> i thi-- framed amanda? >> i think they did. rudy committed in murder. they have twisted distorted and mutilated the evidence and did everything to claim that rafael did it.

>> sitting along side dan bremer represents the friend amanda. the case is four years old it has only been the last couple months that the bend lum of american public opinion has swung amanda's way. why is that? is that because the whole blunt ficcation of amanda has worn off now? they are looking at the criminal case and the italian prosecutors have made their case? >> you early on called this one as the american public now sees it which is there is no case against amanda knox. there has been such salacious information about her, she is a slooefrl, the prosecutor talked about ritual lis tick sex slave in the british tabloids and italian tabloids kind of echoed these things. i think the turning point was independent review of evidence

which independent experts say unreliable inadmissible contaminated evidence. there was nothing else in the case as you know. nothing. except for the forensic evidence of a knife decimated by this independent expert appointed by the judge in this case. >> why is the third defendant in the case who was convicted his sentence was reduced almost cut in half. why is he an obltd of sympathy when seems to be a career criminal? >> i have no idea. >> i have no idea how they were able to portray amanda as a salacious drug woman. they portrayed him as the victim in this essentially. for instance amanda appealed his sentence and the prosecutor asks for life plus 6 months of

solitary confinement. he's the one dna was inside the victim. the prosecutor doesn't object to it being cut from 16 years to life. rudy was working with the italian government? >> i think not necessarily the italian government but there is a shanitrange relationship betw the prosecutor in this case and murderer of this case. how often do you they when they are working closely together to try to frame two nint people. there are strange relationships unanswered questions and the investigation needs to be done to get to the bottom of that. something is rotten in per russia. >> she went an absolute wreck. this would be her last night in prison or the start of the rest of her life in prison.

everything has gone wrong in this case. will it go right tomorrow? common sense says it should. she is completely innocence. there was falini forensics something we have been around here for 3 and a half years. we released the tapes three years ago in the media. it is her life at stake and injustice anywhere it's injustice anywhere. it's a travesty of justice. >> feel really bad. steve moore thank you. dr. mark waterbury we will follow the case with great interest. two lawyers handicap amanda knox's xhanss. they make it from the bloody bad el fields of iraq the soap operas to the world stage on dancing with the storm.

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>> at thats principle of law you need evidence. there is no evidence. we are confident it will be accepted by the court. >> you feel fully confident this will happen? >> we are con dpint in the law the principle and the court of law, yes. >> amanda knox's principal defense attorney. is his confidence justified? before we hear from arthur idala

licensed to practice law in italy by the way. let me ask our favorite prosecutor if she thinks amanda is innocence or whether her lack of guilt is clear? >> you called me a good handicapper. i wasn't too good on the casey anthony case. >> in this case from a what we are seeing now i have to say her chances look pretty good. i know she gave a passioned speech and we have to wait and see. there are two judges and the rest of the lay people that sit on the panel. really from what the media has been projecting what we have heard from this new evidence there is no evidence i think her chances are pretty good that she will be released. >> why do you think the italian government the prosecutors are gone so far with a case so weak? >> it is very interesting. i said from the beginning it was interesting a prosecutor under investigation was the one taking

this case to trial. that's the first thing that i think really smells. i don't know if they got caught up in a situation where this one guy rudy changed -- told on these two people that it wasn't him that they were involved and i think they got caught up in it and it snowballed. there was a prosecutor who came out and said she thought the chances of her being released based on new forensics is pretty good. >> do you think national pride has anything to do with how this judgment will be rendered? >> here is how it works logistically. it's two judges and two lay people. the chief judge has two votes. the other judge have one vote and they have one vote each. it's a majority thing. >> the busher the baker and the candle stick maker? >> they do get limited training.

a poll that just came out in italy shows 27 percent of the italian population believed amanda knox had something to do with this murder. i am sorry 27 percent believe she is innocent. i am sorry. the other 73 percent believe she hadding it to do with it. that bleeds into the jury pool what italians are great at doing is compromising. that's what they like to do. that is the easiest thing. >> you speak from experience. >> commented accurately this prosecutor is under investigation. berlusconi is under investigation his lead opponent is under investigation. he has a history of having these novel approaches halloween ritual going back to the 1300s

the rituals. the prosecutor had to say you have to stop that you sound like a jnut job prosecuting her in te year 1300 the witch hunts they were doing. think about it geraldo. the torn that you are. it's always difficult for an appellate court to over rule a fact finding court on a murder conviction which 26 years in. we are sorry go home. >> you are saying reduce it. she says 26 years now. >> give her a dozen years. >> i don't know. i think she might be released. i think that a lot of what went the problem in the first trial was they hung their hat on her behavior in the police station afterwards. i know that. got to go. martinez is next.

>> jr martinez is a hero a war wounded and a great dancer. we have this year's installment of dancers. >> he's an unlikely favorite on sooin 13's dancing with the stars. wounded warrior turned motivational speaker turned tv soap star. jshg r martinez. everybody that i talk to about you is so inspired your story. >> it is great i get an opportunity on this platform to share with everybody who i am and what i have been able to ore come. my personal story and at the same time educate america on who the vets are who the troops are and their families and what they go through. >> jr has over come more than most could bear.

wounded in the initial stages of operation iraqi freedom. he was hospitalized for 3 or 4 months during 33 painful surgeries the result of a roadside bomb during the battle of karbala. >> the only thing i was scared of was a land mine. it is amazing how the thing i was most afraid of is the thing that got me. >> i understand when you are wounded you depended on your deceased sister to pull you through. >> out of the blew there wue th this quiet calm peaceful voice that came to me and an image that presented itself to me and it was my sister. she said to me you are going to be fine because mom needs you. >> burned over 40 percent of his body martinez received critical care in germany and well enough moved to brook army medical center in san antonio. >> how did you come through these injuries? >> it was tough 19 years old seeing my body and my face for

the first time and thinking to myself how am i going to continue living like this. how am i going to integrate in a world where all it is based on is your looks or your hair or facial features. there were a lot of questions i presented myself there were a lot of dark days. i said i have to continue to believe. there was a purpose for this. almost april 5th, 2003, and the fire it was new like me being baptized. i had a complete clean slate where i can choose what i wanted to do with my new life i was given. >> it was during that recovery that he discovered again. -- a gift. >> i visited a patient in a hospital. it clicked a light came on. i was kept in this world to use my experience to help other people. that's pretty much what i am passionate about. >> his survival story became his new weapon motivating wounded vets inspiring civilians. >> even though i am not in the army any more i am still serving and i feel like it's in a bigger

capacity. >> successful as a motivational speaker jr made the unlikely jump to acting landing the role of ross monroe in the hit soap all my children. >> when i saw your scars i was thrown. >> a 3 year run. >> i was able to put myself into it i was on the show for 3 years it is something i was so grateful for to have the opportunity to share with that audience. if it wasn't for all my children i wouldn't be considered to be on dancing with the stars. >> what was your reaction when you heard his back story? >> i think the first minute i was taken aback a little bit i wanted to know what happened and how he was able to handle it. but like 60 seconds into it, you just get so much in love with the smile the sparkle the laughter and the jokes. it's like you want to know his

story and it's super inspirational. you want to be there for him now on the dance floor. >> garnering top scores and critical acclaim from dozens and millions watching i wanted to see if it was only good coaching. >> this is the o timeic okay with my partner teachg someone else how to dance. look at that. it's not bad. look at that dip. >> quickly learned it was not. >> the reason i was able to be successful is i continued to dream and i continued to have a positive attitude and maintain my faith. if i put all good things up to the world nothing but good thing will come back to me. >> i love that guy. i love it. that was a great piece. >> you birthed the stereotypes that all puerto ricans can dance. >> she told me how to move my hips. moving my feet was the problem. >> what you got in store for tomorrow? >> they are doing the rumba. it will be a very emotional

motior -- emotive dance but the dance song is a big secret. >> can't give you a tip? >> no. >> what a guy. >> terrific. great dancer. i think he was ripped off he took second. >> thanks very much for

>> good morning, everyone. hope you had a fantastic

weekend. it's now monday, october 3rdrd. i'm gretchen carlson. convicted killer amanda knox. earlier this morning, she begged an italian judge to set her free and just hours from now, that wish could very well come true. keep it right here. we'll keep you posted. >> meanwhile, republicans waiting for a decision from potential republican candidate chris christie this week. first, a word of warning -- >> the swimming pool looks a lot better until you jump right in. water may not be as warm as you think. >> will chris christie take the advice from somebody who knows or will he take the plunge down in the deep end? >> all right, anti-wall street protests are growing by t day. every day, it seems people are not giving up until the banks pay up. but roseanne barr has something else in mind for those greedy bankers. >> go to the reeducation camps, if that doesn't help, be beheaded.