from amanda knox waiting to see if she'll go free or spend 20 years behind bars after four years already in an italian prison. she had a moment before the jurors and she claimed that she is innocent. >> i have not killed. i have not raped. i have not stolen anything. i wasn't there. i was not in the apartment during the crime. martha: i'm megyn kelly. gregg: i'm gregg jarrett in for bill hemmer. we are hours away from the decision in this case that gripped the world for four years now. the 24-year-old knox addressing the court in italian, saying simply she didn't do it. >> meredith was killed and i

always wanted justice for her. i'm not escaping from the truth and i never will, and i have never done that. i want the truth to come out. i insist after four december that years. i insist i'm innocent. we are innocent because this is true and we deserve to defend ourselves and that you recognize our innocence. martha: they say she had been working on that speech for the last couple months. there are four possible outcomes we'll hear today. only one of those is one amanda and her family will be happy with. gregg burke joins us live. he has been covering this case throughout from italy. tell us what happened in that courtroom this morning from amanda knox? >> reporter: amanda did such a good job this time compared to the first trial. when we watched her in the first

trial she couldn't do a simple declarative sentence saying i didn't do it. she did that this time and more. she choked up. her family holding hands and crying when she said i did not kill, i did not rape. it's clear she did get some training. but it was deeply felt. you could tell she was making the most of her chance for freedom. martha: we talked about the four possible outcomes. very different court system in terms of how this could go for her in italy. what are those four possibilities that we'll hear. >> reporter: they can absolve, either you are totally exonerate or you are guilty. but there are different variations in that as well. you can up or down the sentence in each of those. there is a middle road where she is charged with murder and

sexual assault. they are hoping she'll get off on that because of the dna review that was done. she also has a slander charge. she nay well be convicted on that but even if she is, she could get off on her time served. she has been four years in jail. martha: in about 57 minutes we expect to hear from meredith ker -- hear frommeredith kerche. gregg: knox has been in jail for four long years. just days later knox and her former boyfriend were questioned by police. she was then put on trying for kercher's murder.

in december 2009 she was found guilty and sentenced to 26 years behind bars. her boyfriend convicted, getting 25 years. that brings us to today as amanda and her family hold their collective breath. martha: the victim's family mostly keeping out of the spotlight. kercher's mother saying the trial of her daughter, not justice for amanda knox. knox's family has spoke to the press at length throughout. curt knox says it has taken an immense emotional and physical toll on his daughter. >> we visited her yesterday, and she was emotional. but it was the first time all four of my daughters have been together for two years, so that was nice. >> reporter: and tough.

>> it was. but today she looks better. martha: an emotional curt knox talking about the reunion of his four daughters. our legal panel takes on the appeals case. does amanda knox have a chance to go home to america? how will that work if she does do that. all right. some new reports that chris christie is indeed considering a run for the white house. his team is figuring out if it's too late to get and running. there has been a strong push for new jersey's governor to run in the race. but it has always been a firm no. >> reporter: the people chasing after governor christie

remind me of a park of dogs chasing after a car and it's not clear what they will do if they catch it. gregg: would the conservatives be happy with governor christie as a candidate? martha: this is getting a lot of attention. rick perry is disputing a "washington post" story that claim the name of his hunting ranch contained the "n" word carved into a large stone. according to the article that word was on the rock on the property. but the perry campaign says it was painted over 30 years ago. "the word written by others long ago is offensive. the perries did not own, name or control the property. they simply rented hunting rights to the ranch. none of this is sitting too well with republican rival herman

cain. >> that's just very insensitive. that is a more vial negative word than the "n" word. for him to leave it there as long as he did give hear they finally painted over it, it's just plain insensitive to a lot of black people in this country. martha: civil rights groups say the controversy reflects racial divisions still going on today in texas. gregg: the mass protests on wall street leading to hundreds of arrests this weekend in new york city and new demonstrations said to be breaking out across the united states today. >> i'm mostly just excited that people are find a way to engage in the political process. i think i have been very frustrated for a long time about especially corporate personhood and how that has squeeze out the

ability of the american people. gregg: the so-called "to be pie wall street" protest spreading from new york to los angeles. how widespread are these protests? >> reporter: they are in a number of other cities. but it's difficult to determine the extent to which this movement is growing. this movement started 3 weeks ago today. let's take a look at video from san francisco. i'll give you a laundry list of other cities where there have been copycat protests. washington, d.c., albuquerque, boston, l.a., seattle. listen to one demonstrator from durham, north carolina. >> i think part of the problem is we have a small percentage of people in the united states who own the majority of wealth and they own the majority of power to make decisions that affect other people's lives. >> reporter: the key word is

claiming to have protests in 21 other cities. that might be an exaggeration. but there have been copycat demonstrations elsewhere in the united states and there are reports they are trying organize demonstrations outside the u.s. keep in mind this is a group that says it is leaderless. but there are those who sympathize with their cause. >> what made headlines were the arrests. 700 at one location. but the demonstrators say the arrests were unfair. >> reporter: the group alleged the police department told them march over the brooklyn bridge and that's when necessity were arrested. the police department videotaped what happened. and they say the tape speak for itself. on the videotape -- you can actually see the police are telling demonstrators what to

do. it says if if you march over the bridge you are going to get arrested. and you can hear on the tape the demonstrators saying "take the bridge," "take the bridge." is contradicts the demonstrators' claim the police lured them across the bridge. according to the videotape, it's not true. martha: clearly those protesters are fed up. but what exactly are they fed up about and what is the message they are trying to get across. is anyone listening to that message? coming up we'll talk about all the layers of this, including union involvement in these protests. we'll talk to steve moore about this. gregg: it seems like their complaints are widespread. everybody has a different reason. down with capitalism, down with free enterprise. the wealthy should share their

money with the rest of us. martha: in terms of taxing and the tax code across the country, we'll get up to that in a little while. we have amazing video of the people protesting. so we have a lot of stories coming up for you. we just touched on a few of them in america's newsroom. former vice president dick cheney says the bush administration deserves an apology from president obama. we'll tell you about that straight ahead. >> in 2010 i had to lie about who i was because i'm a gay soldier and had to lie about who i am. under your policies do you have intend to support the progress made to gaze and lesbians in the military? gregg: . president obama blasting that

moment, the alleged booa. liz cheney fires back at the president. martha: you heard of a soda tax and tanning tax. now, you might want to think twice about eating that cheeseburger. [ malannouncer ] imagine facing the day

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but have fun. bob and weave once you're in there. don't get short changed. get your cash back. chase freedom. >> you want to be commander-in-chief? you can start by standing up for the men and women who wear the uniform of the youth even when it's not politically convenient. martha: president obama during a speech to a gay rights advocacy group hammering the gop candidates for not responding

when a gay soldier was booed. >> he tries to have it both ways. he tries to sounds like he's a fighter or advocate for equality. but when he tries to appeal to people who may not have that as his issue he has a different position. i thought it was pretty vintage of him. martha: karen hanretty and sally cone is the founder of. she says the president has not come out on this and has not been a fighter for the issue of gay marriage which he could have been. >> it many ironic coming from the republican side, the ones who endorse, condoned or didn't object to the booing of an active merve our service who

happens -- active member of our service who happens to be gay. president obama is more gay friendly than even past democratic presidents. i think attacking his record on this is trying to make a tech pest in a teapot knowing the republicans have a hard road to hoe on this one. martha: herman cain said looking back on it he wish he had said something at that time. i want to clarify, a lot of different stories about what happened in that room. whether there were boos or cheers and where they were coming from. >> a number of the candidates on the stage said they didn't realize there was booing. when you are standing on the stage you don't always get the nuances of what's happening in

the crowd. but i think liz chen imlarger point is the president -- but i think liz cheney's larger point is the president is trying to have his cake and eat it, too. the gay community has been very frustrated with the president. i think it's useful to him don't ask, don't tell was overturned. but we have seen this in other areas. look at tax increases. he come out in support of extending the bush tax cuts in spite of the fact he ran against the bush tax cuts. martha: sally, in term of don'ts in that same interview, i believe, he thought it was the right thing to do. >> my compliment to dick cheney

on that and that only. president obama is pushing for the defense of marriage act. has given right to gay couples, same-sex couples under medicaid-medicare. he has done constructive and positive thing for the gay community. he himself has said gay rights advocates should be pushing further because that's what they should do in order to make him go first as president. number one, for karen and for conservatives to suggest that this is a critique of the president and republicans might in any way, shape or form certainly among the current set of candidates be any better, that's trying to play it both ways. if we want to late blame for not having more progress. the blame lies not with president obama but with those conservative voters. martha: you said in talking

about this earlier, karen, that you think the president will come out in favor of gay marriage in a second term. >> i think -- i suspect -- i don't know, i suspect he has no problem with gay marriage. he doesn't have the political courage to say sit before the reelection. i think probably if he were to be reelected in the second year, the second or third year of a lame duck administration i could see him actively campaigning for it. he won't do it before his reelection. he knows it won't be popular with many segments of his democratic constituency. >> thank you, martha. gregg: why federal agents swarmed the home of vice president * jo joe biden's brotr and why he spent the night in

the hospital. >> this white powder disfersd and got on me it was a little bit alarming. an accident doesn't have to slow you down. with better car replacement ailable only with liberty mutual auto insurance, if your car's totaled, we give you the money for a car one model year newer. to learn more, visit us today. responsibility. what's your policy?

martha: the brother of vice president joe biden in the middle of a security scare. a mysterious powder was sent to frank biden's house. >> i was opening the envelope on my way in the door and this white powder dispersed and got on me. it was alarming. nothing like this happened to me before. i'm the youngest brother and the quiet one. i run charter schools here in south florida. i have for a number of years and live a quiet life down here.

martha: you can see why that would be scary. the fbi says the powder turned out to be harmless. he and his girlfriend were rushed to the hospital to make sure there was nothing in that powder to be concerned about. gregg: the man accused of plotting to fly remote control planes packed with he can pleasives into the capital set to face a judge. >> reporter: 26 years old. actively growing up here in america. was educated at northeastern will face a federal journal. he's accused of planning to bomb the pentagon and the u.s. capital using small drone airplanes attached with explosives. this plan came into fruition over may and june. he delivered a thumb drive to people he believed were al qaeda

agents. they are were undercover fbi agents. he traveled to washington to scope out a launch site and check out the scene thereo further his plans. and during course of his contact with these undercover fbi agents he supplied them with cell phones he altered to become explosive devices. he phase an extensive amount of time. attempting to damage and destroy government buildings. injure and destroy national defense and attempting to provide material support and resources to a foreign terrorist organization. the prosecutors are expected to argue he should be held without bail pending trial. gregg: molly, thanks very much. martha: anwar al-awlaki may be gone, but police across the country are on alert. the state department is warning all americans about travel

oversaves. gregg: we are after he waiting word on the fate of amanda knox. could we see the 24-year-old american go free? >> we are hearing a different story the last couple days from the prosecution. the passion car low has put into amanda's defense present takes i think has been very favorably received. [ male announcer ] are you considering a new medicare plan?

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martha: there are new worries this morning about revenge attacks targeting americans. the state department issued a worldwide travel alert following the killing of al-awlaki friday. just because al-awlaki is gone doesn't mean the threat he presented is gone. >> reporter: there is still another al qaeda leader in yemen who would have to be captured or killed. he once worked for osama bin laden. according to a yemeni official he's believed to be hiding in the south of the country. he has been kept apart from al-awlaki for some time so they couldn't be targeted together. taking him out would be critical to reducing the terror threats. as for the friday strikes that killed al-awlaki.

a report says he had been under surveillance for some time but took a while to get a clean shot. the chance to kill him without a lot of collateral damage. martha: the state department warnings as far as american travel overseas. >> reporter: there is a danger because of the killing of al-awlaki that americans could be targeted overseas. the state department warning says the death of al-awlaki could provide motivation for anti-american attacks worldwide for individuals seeking to retaliate. they are advised to contact the u.s. embassy and consulate so they know you are there. gregg: judgment day for amanda knox. we are awaiting a verdict that could let her go home to america or send her back to an italian

jail for a long time. judge burns, a former federal prosecutor and tara holder a fox news country tbiewtor. we learned there are no rules of evidence in the italian justice system. triple hearsay is acceptable. character assassination no problem. she would never have been convicted in an american court, would she? >> no. it seems there is no burden of proof. in the united states we have beyond a reasonable doubt. if you look at this case, the first thing her defense lawyers would say there is no way this case can be proved beyond a reasonable doubt. that's what's questionable. gregg: it seems like a no brainer for people who believe in amanda knox's innocence.

the drifter, the drug dealer. his dna is on the victim's body, in her body, and his bloody fingerprint and palm print are on the pillow underneath the victim's body. >> the real core of this case was the controversial interrogation that went on for hours and hours and she became day and confused. if you want to focus in on why this train wreck happened, if you are willing to sit's a train wreck. i think it starts there. she did apparently falsely implicate her boss who worked in a bar. he spent two weeks in custody. then when he was released, he said now things are starting to goat trite way and she was charger charged with slandering him. >> a confession should be

supplemental. prosecutors need more than just that. you have seen lots of cases are being overturned because we had a lot of wrong con fetions where people admit to crimes they did not do. she never admitted to this. fit was bizarre. you don't have dna, you don't from eye witnesses. what do you have? we are looking at a nothing case. >> martha and i were talking about it during a commercial break. amanda knox couldn't prove her alibi that she was with her boyfriend his at the nightmare death kercher was murdered. that shouldn't be something that hurts her, should it? >> it's a question of burden of proof. if it's unclear she wasn't there, that's one thing. just quickly. i agree with camera. of course, you want to back up a confession with physical

corroboration. the second train wreck was her dna is on a knife found at boyfriend's apartment. but by the way -- she lived there. and also apparently a lawyer for the family is saying that the actual frame of the knife doesn't match the size of the murder weapon. >> also they said she cleaned the scene with bleach and cleaned the knife with bleach. however, on the second testing of the knife they found there was corn starch from cook the knife. they said if she cleaned it so well there is no way there would have between corn starch on that knife. gregg: it's essentially a retrial. the appellate version. independent experts were hired to evaluate the dna evidence used in the first trial and it was laughable in their judgment. it had been so poorly handle and botched about it prosecution and

police. >> this is the judge that brought these two experts in. so you would like to believe that they were impartial. gregg: i want your predictions on what you think will happen here. quite often the second trial, the appellate trial reverses the trial courts which seem to get it wrong off in the italian justice system. here on appeal we look at whether legal errors are made. there they apparently to retry it. gregg: could she go free? >> it may be a come pro nice. >> i think the italian courts want to show they are adam krat i. and there is fairness here. gregg: we'll wait and see. five of the six jurors are women. that may play a role. martha: coming up a big victory

in the war on terror for president obama taking down a recruiter. now dick cheney says the administration owes the bush administration an apology. >> the idea of change starting at the top, i always -- my hope is people at the bottom making change, not from the top down. i encourage everyone to participate in the political process.

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administration deserves an apology. >> i'm wait foargt administration to go back and correct sock they said two years ago when they criticized us to overreacting to the events of 9/11. they said we had walked away from our ideals, a policy contrary to our. >> i deals when we had enhanced interrogation techniques. they moved in the direction of take robust action when they feel it's justified. martha: let's hear what president obama did say during that cairo speech in june of 2009. >> just as america can never tolerate violence by extremists, we must never alter or forget our principles. 9/11 was an enormous trauma to our country. the fear and anger it provoked was understandable. but in some cases it led us to act contrary to our traditions and our ideals.

we are taking concrete actions to change course. martha: that's it there. steven yates, a deputy assistant to cheney from 2001 to 2005. welcome in here. steve, good to have you today. what is your reaction to what vice president cheney said about needing an apology? >> i doubt an apology will be forth coming but the sentiment is correct. the kind of consistent vitriol that was locked at president bush by president obama and his surrogates through much of 2009 suggests president bush and vice president cheney advocated policies that wered a odds with american traditions and per immoral. there are traditions that the

obama administration has continues. this is consistent with the logic of the bush doctrine on the war on terror. martha: i would imagine they would say yes we continued this very egressive drone program, one of which i think they are proud of because it has taken out some big fish, including al-awlaki on friday of last week. but they do not condone the use of enhanced interrogation techniques and they don't condone the retention center at guantanamo bay. those two specific elements of the bush administration policies are ones they still it won't stand by. >> i suspect that's the logic they would use. i don't know what is more moral about assassinating a leader abroad rather than bringing him into custody, subjecting him to enhanced interrogation or even if enhanced interrogation is not

necessary, getting intelligence from those people. the use of drone kills has been effective in decapitating the leaders of al qaeda. but it isn't come batting the enemy's ideology and taking control of territory like in yemen. there are still other gaps they need to address. martha: we have information about attempt to take out a citizen who is living in yemen and how that compares to interrogation techniques. how do you accept this notion of killing an american citizen based on the actions he has taken against american citizens. >> i suspect those most strongly in support of obama's logic in 2008 would not support the use

drones to kill al qaeda leaders abroad regardless of their citizenship. many of them were not in favor of take out osama bin laden in pakistan. but i think vice president cheney is correct. having been subjected to this vitriol for a very long time, the administration actually has taken a number of strong measures that advance our interest in taking the war to the enemy abroad rather than playing defense at home. martha: do you feel after the osama bin laden kill, the do you think that was sufficient and do you think it covered some of those bridges? >> it may have gone part of the way to covering those bridges, but i think there is a certain partisan element of the critique on the war on terror in the bush administration that is not going to go away. the administration still faces a

big struggle in terms of how to close these gaps. if we had taken osama bin laden or al-awlaki into custody, where would we have held him? how would he have been tried? we still haven't answered those questions about guantanamo bay and military tribunals. >> it is a very interesting debate in so many ways. good to receive you this morning. steven yates, we appreciate it. gregg: should you have to pay more money to eat fatty foods in lawmakers approving the world's first fat tax. is it a nanny state gone wild? look at that. we'll tell you what's causing these beautiful blue waves to wash ashore. [ male announcer ] cranberry juice? wake up!

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martha: did you see what's happening on the waves on san diego's beaches. the water is red during the day and at night it looks blue. scientists say it's because of allergy cells that give up a flarve light as they get jostled by the water. it's called the red tide which causes the water to turn a brownish, reddish color. gregg: i used to see that growing up in southern cal. should the government force people 0 to pay extra -- people to pay extra taxes on fatty

foods? it's happening in denmark. they say it will help people live longer and be healthier. fox business networks cheryl casoni is here. >> reporter: in denmark only 10% of the population is obese. here in this country we have 33% of our population that's oh piece. i think they have a revenue problem to be honest with you. denmark wasn't hit by the global downturn until this year. this will bring in $186 million into the country. gregg: are peopl people hoardint foot now? >> some of the poorest families

in denmark will be affected. they were hoorgd over the weekend freezing as much as they can. gregg: people say this is nanny state gone wild. here in the states they are already doing that. remember the ban on the artificial transfats and the frying oil. that has taken place in major cities. new york, for example. restaurants have to list calories. so in a way it's already happening. >> it's been happening in denmark and many countries around the world. denmark is the first country to do a fat tax. but look at the taxes on tobacco and alcohol. look at the calorie count in new york and other cities. full disclosure when you walk into kfc. to show how many calories will be contained in this. should the government be telling you not to eat a drumstick?

gregg: the lower-income people in america spend a greater proportion of their income on food and therefore a fat fox were it to be enacted here would be a regressive tax on them. >> they are trying to figure this out now between imports and exports. a lot of food imported into denmark and imported into the youth is made and produced differently than it is overseas. i go back to the issue of they have been tax other things. it could happen here. gregg: i want my fat pastries. we were showing the cupcakes on the screen. >> eat a small bowl of mac and cheese. martha: let's take a look at some of the stories developing today in america temperatures newsroom. despite the protest. trading is underway on wall

street. international markets took a beating after greece announced it would not move their deficit reduction targets. mexico's bloody drug wars claiming 20 lives at a resort on the west coast. 7 bodies were dumped at a bus station. a drug cartel has claimed responsibility. row pair work on the washington monument set to get started today. engineers had to stop repelling down the side due to weather. gusts of winds blew one of them 30 feet off the face of the monument. is new jersey governor chris christie preparing to throw his hat in the ring and joint presidential race? send me a tweet on that idea. we have the latest on what those

in his inner circle are saying and reaction from the candidates that he could be running against. >> is he too liberal to be the republican nominee for president? >> yes, i belief a lot of conservatives won they know his position on those things you dlin yaitd, they will not be able to support him. i think that is absolutely a liability for him if he gets in the race. [ alarm beeping ] [ male announcer ] take the fixodent 12 hour hold challenge. fixodent denture adhesive challenges you to a 12 hour hold test.

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a $29 value, free! get the protection you need right now. call or go to lifelock.com to try lifelock risk free for a full 60 days. use promo code: norisk. plus get this document shredder, free! but only if you act right now. call now! lifelock service guarantee cannot be offered to residents of new york. martha: well we are waiting for a verdict in the case of an american college student convicted of murder. amanda knox should hear a decision on her appeal in just a couple of hours, everybody. she was found guilty of killing her roommate meredith kercher, but there were rampant allegations of misconduct by the prosecution in this case. that is why the door reopened again for amanda knox here. we're waiting for meredith kercher's family to make a statement. she is british student who

went for a enjoyable trip to italy and ended up losing her life. amanda knox asking the court in italian begging the jury to set her free. >> i lost a friend in the most brutal and inexplicable way possible. i am paying with my life for things i did not commit. martha: that was her last chance, really. she could be in jail the rest of her life or could begin the process of being set free and coming back to the united states. the jury is incidenting as we speak. we'll bring you the verdict as soon as it comes across and the news conference from the kercher family that will stream life across foxnews.com. as you know the new jersey governor chris christie has insisted that he is not running for the republican nomination. but today reports say that a team has been meeting over the weekend to see how fast he might be able to get his

campaign together if he decided he wanted to jump into this race. that is how we start a brand new hour of "america's newsroom." i'm martha maccallum. good morning, gregg. gregg: i'm gregg jarrett in for bill hemmer. he says it is not a crime being in the country without immigration documents. he support as ban on assault weapons. not hard-line conservative view. >> the question is chris christie conservative enough to win the gop nomination? here is what brit hume had to say about all this on "fox news sunday". take a look. >> the people who are chasing after governor christie remind me of a pack of dogs chase as car. it is not clear what they do if they will catch it. all these iues you cited that is larger set of departures from republican con serve tiff orthodoxy rick perry has been accused of and look how much trouble he has goten in. i'm not sure he would wear well. >> the man himself, brit hume, fox news senior

political analyst joins us this morning. brit, you have a way with words, my man. welcome. >> thanks, martha. martha: actually a really great image that you sort the presented almost feels like that, there is this pack of dogs running after chris christie and what quill they do if they catch him? i guess his folks are decided right now if he is willing to be caught so to speak. >> looking at it from his point of view it is easy to understand why he is considering it. some of the richest, most powerful people in country, ken langone, heem depot founders from henry kissinger saying to him, the country needs you. he recognizes and believes like almost everybody else in the country that the republicans stand a very good chance capturing the white house. withining the presidency is like winning the super bowl. the opportunity doesn't come along very often. if you miss it or pass it up for any reason it might never come again. he has to look at the possibility if he doesn't

run and a republican wins, that there is a distinct possibility that it could be eight years before that window would open again and who knows where he would be or the country would be then. he may feel, i know i said all the things i didn't initially want to do it, but this is kind of opportunity doesn't come along every day. i can understand why he is agonizing over it. martha: that is only way he could do it. he himself pointed to the tape showed all the instances where he was asked. if he did decide to change his mind and come forward say, basically i changed my mind. i don't feel this way about this anymore. which would take a little bit of maneuvering on his part. >> well --. martha: go ahead. >> i was going to say. not only he said he said he wasn't qualified or ready to be president. martha: exactly. that could be a big issue if he suddenly got ready over the weekend. perhaps come forward in that case and say, i put myself before you as you asked me to do. i'm going toance absolute best i can given experience that i have and this is what i plan to do.

but we'll see. they're talking apparently this group meeting on this about the state by state plan. how they would actually maneuver it. if you look at different states, look at iowa, look at new hampshire, florida and california, brit, do you see a path for him to the secure the gop nomination if he decided to do it? >> you need in the early states, iowa and new hampshire in particular to have an organization that can get your supporters out to the polls and perhaps find supporters. and if he were a big natural hero of the christian right, for example, he might inherit a base of serious support and the possibility of an instant organization from the christian right, which is very active in the iowa republican caucuses. i'm not sure he will have that. new hampshire similarly, you know, mitt romney and others have been operating on the ground up there for some time. they have organizations put together. they have money. they have hierarchy and have the things you need to pull out the vote. he would have to come up

with this on very short notice indeed. i'm not saying it can't be done. what i am saying it is not easy. martha: on that thought, when you look at all the candidates, the one thing thing chris christie cornered the real frustration way things are happening in this country. i'm not sure you're seeing that on the other candidates on the gop side. that passion and grit say we'll not put up with it anymore, folks we'll change the way we do thanks. that clearly captured the attention in new jersey. >> it is a matter of governing style and success on a couple of very tough issues. that is he got control of a budget that seemed to the people of the state of new jersey to be out of control. he managed to do it with in a bipartisan way which is only way he could accomplish it. that is significant achievement at this moment in our history. and he did it with sort of a straight-talking, no-nonsense, not going to sugar coat it style that did not remind people of every

other politician. martha: right. >> there is a distinctive quality about him that people find welcome. on the other hand, you know, there are elements of his record that would not be popular with a lot of conservatives and i think that has been overlooked to some extent as people excited about his persona and his style have urged him to get in. martha: brit, always good to talk to you. thanks so much. >> thank you, martha. martha: see you soon. also a big question, gregg, about the family. you have to get the family on board in these things. they need to be 100% supportive. we'll see what their take is on all of this too because it is a big commitment. gregg: it sure is. let's turn to the u.s. supreme court because it is a big day. now in session it is expected to be one for the history books. on the docket this year, major cases on issues involving immigration, gay marriage but of course the new health care law that is dominating the headlines. now with a new poll out showing nearly half of all americans think it is a good

idea for the supreme court to strike it down. shannon bream live at the high court. shannon, this is day one. what should we be looking for? >> reporter: on everything from immigration you mentioned and cases involving law enforcement criteria when they can deport illegal immigrants to religious freedom for schools and churches it is a jam-packed docket. before diving in the justices attended red mass ceremony held in washington where the clergy pray for wisdom in the judicial branch in coming cases. they need it of verying gps. that's right. case whether police can put a gps tracking device on your car without getting a warrant. this is the constitutional accountability center on that case. >> as justice scalia has noted in other cases we can't limit the fourth amendment protections against unlawful government searches based on sort of old notions what is technologically possible. so you've got to keep the

fourth amendment current with the times. >> reporter: gregg, more and more class we're seeing. 21st technology for the justices to decide using precedents in many cases that are centuries old. gregg: the health care law is one that people are really paying attention to. i think both sides have filed petitions for certiorari, haven't they? asking the court to take it up? >> that is correct. of course that is the one case everybody wants to talk about. not officially yet on the calendar for this term but the appeals from the lower court decisions already been decided the appeals are here. the paperwork is in. we wait to see what the justice decide which appeals they take up and when they will do it a former d. oj official says they would be stunned if the court doesn't take up this issue in this term very shortly. take a listen. >> now you have both the states that are challenging the law as well as the administration itself telling the supreme court, you need to decide this

issue now. i think likelihood of supreme court review has increased. i think all of these factors together make it a pretty difficult invitation for the supreme court to turn down. >> reporter: it is a heated issue. there already have been requests for recuseals by justice thomas and kagan. we have no indication either one of them is considering it, gregg. gregg: given lower courts are split on the subject, seems inevitable they will have to sort it out one way or the other. shannon bream at u.s. supreme court. thanks very much. martha: thousands of miles away in los angeles emergency room doctors back on the stand today in the manslaughter trial of michael jackson. dr. conrad murray, aexcused of gross negligence in the king of pop's death. adam housley live at los angeles superior court. adam, as they get ready for things to role today, what do we connect? >> reporter: dr. rochelle cooper will be back on the stand today. she was the doctor on duty and got everybody ready when michael jackson arrived at ucla medical center back on

the day he died. she testified on friday. the prosecution continues to lay out their dramatic case, she testified dr. conrad murray never told her about any drugs. she asked him several times what he might be taking or what michael jackson might be taking and dr. murray never said anything about propofol. that is her testimony which followed the em ttecs who showed up at michael jackson's house who testified basically the exact same thing. dr. murray never told them about probow follow. that is the prosecution's contention that led to the death of michael jackson. when she is don't we expect north cardiologist from ucla to testify basically the same thing. if the day goes fast enough you might see dr. conrad murray's girlfriend from houston on the stand. she is expected to testify she was talking to dr. murray at the time he was supposed to be watching over michael jackson. about the time the prosecution insists that he died. get back to you also real quickly the jackson family is not expected toe here for the first time, martha. they have been here the first four days.

they're going to another event in the memory of michael jackson. we don't expect the jackson clan to come here with all the chaos surrounding that. we expect them to be here tomorrow. martha: adam housley will cover that and more on the panel coming up. gregg: they say they stand against greed, corporate influence and social inequality. >> [shouting] gregg: that's what they say but what's really behind these wall street protests? stephen moore from the "wall street journal" will be here. martha: that situation getting pretty interesting. how about this, tragedy under "friday night lights." it happened on the sidelines of a high school football game. how a 16-year-old cheerleader lost her life. gregg: plus he rocket he had to the top tier of the republican field, so is the former ceo of godfather's pizza a real threat on the campaign trail? who herman cain is going after now and some newfound publicity. >> we need your help.

we can defy the odds. with your help you can send a problem-selfer to the white house in november 2012. [cheers and applause]

gregg: a fox news alert. the gop primary season and dates for individual primaries being shaken up. fox news just learning that south carolina primary will be the 21st of january. that moves it ahead of florida, which it announced days ago that they were going to leapfrog over the republican schedule and hold theirs on january 31st. larry sabato, director of center for politics at the university of virginia joins us, and larry, we were going to talk about a couple other subjects but this just happened and i want your reaction to it. >> well, gregg, it's chaos

is reining supreme. not just there on wall street. this is anarchy in the election process. thanks to florida, and it is florida's responsibility, they ignored the republican national committee's well-thought out plan for the primary system. they jumped to the end of january, jumped as the 800-pound gorilla, decided they were going to be one of the first. as a consequence, the real first four states are all moving up. iowa, then new hampshire, south carolina. one presumes nevada. now we have a system, once again, just like 2008 where there will be no christmas for the political community. there will be campaigning for iowa, one presumes, during the christmas season. however, in the past couple of days, the secretary of state up in new hampshire has hinted that he may move the new hampshire primary to, december. which would also mean, i

assume, that iowa would move up. so it's chaos. gregg: it surely is. what is the republican party, the republican national committee do? can they sanction individual states for not following their well-thought out and considered plan? can they say, we're not going to count your delegates, florida? >> well they can take half the delegates away. they can give them bad hotel assignments. they can do a lot of different things. i hope they do because they need to enforce their process and they really did have in my view the best system outlined that we've had in modern times from either party. it's a shame that it is all falling apart at the last minute. by the way this has a direct implication for governor christie. he is now going to have at least one month less than he had hoped to organize a campaign if he does indeed follow through and get in. that matters to him. he is throwing together a multimillion-dollar corporation overnight

without a business plan. he would have used that extra month well. gregg: larry sabato, very good of you to just, our discussion today to the breaking news. we'll have to cut it short here now. we have some additional breaking news. larry sabato. thank you. martha: thanks, gregg, we sure do. let's get you to italy where we are now watching as they gather the family of mayor dirt kercher who they say become sort of forgotten person in to whole story. the family is gathering and just getting ready to speak, you guys. the attorney is about to start talking and we'll go to him, in a moment, but. amanda knox will hear her fate within hours whether she will be in prison for the rest of her life somewhere around 15 to 20 years or whether to pack her bags and go home, gregg. gregg: the kircher -- kercher family you have to feel for them. meredith kercher's live was brutally cut short. she was stabbed to death.

she was sexually assaulted. it was a horrible situation for them. they felt justice had already been rendered by the italian court system with the conviction not just of rudy and obviously amanda knox and her boyfriend, rafael sollecito. that may be turnedn its head depending what happens the next several hours. this is the news conference held by the family of the victim in this case, meredith kercher. martha: difficult for americans how to understand. they had a conviction. the person went to prison for the death of their daughter. this is meredith kercher's family. they're from the u.k. they're facing the possibility of people thought convicted of the crime may go free. randy godet remains in jail up to 16 years. gregg: he does. if there is some solace knowing at least one individual and probably in mind of many the real killer is behind bars and will be for some time.

but as you point out, only 16 years. he had much of his sentence shaved off when he cooperated with the italian authorities she implicated amanda knox and rafael sollecito. martha: we'll keep an eye on this. that is meredith kercher's family. we're couple hours away from learning amanda knox's fate. we'll play for when we get the statement from the kercher family. we'll take a quick break and be right back. raphael sole sole

gregg: you're looking live in perugia, italy the family of the murder victim in the amanda knox murder trial are about to speak. they are speaking at the hotel there. this is the family of meredith kercher. a mother and brother and

sister of meredith kercher. let's listen in. >> there is not a lot about what actually happened. so it is very difficult to keep her memory alive in all the things which is why the whole trial is going on in the first place so we can find the truth and can find justice, and that's why we say it is sad. and remember meredith. >> [speaking in native tongue]

>> [speaking in native tongue] >> [inaudible]. >> i think it's quite good because the, same way they do in. they look at the evidence. what is good in the previous trial. gregg: we'll direct you to our website. this is streaming live on foxnews.com. you can watch it as it is happening there. the audio is a little bit difficult here. this is the family of the victim meredith kercher.

they may learn whether or not amanda knocks who was convicted and raffaele sollecito will be set free today or spend perhaps the rest of their lives behind bars. martha: what a day in that case. we'll stay on top of that for you. in the meantime they say that what they want is to hold the people who crashed america's economy accountable. so you've got hundreds and hundreds of protesters, this is their third week out there, blaming wall street for the economic crisis, but are their claims valid? >> you people and people across the country have no say in how our economic system is run. >> capitalism been good to you? >> capitalism destroyed my town, flint, michigan. for their clients' futures. never taking a bailout. helping generations achieve dreams. buy homes. put their kids through college.

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>> martha: they say they want to get rid of corporate greed, hundreds of protestors flooding job town -- downtown manhattan, they've been there three weeks 234 row and are blaming wall street's fat cats for the economic crisis. you got listen to this. watch this tape, folks. >> what do you guys want? >> bring attention to the pervasive influence that corporations have in the political process. >> we're trying to accomplish the demolition of capitalism. >> i want to replace capitalism with a more just economic model. >> what do you want to replace capitalism with? >> don't say it, bro! >> we're willing to share, we could all live in prosperity. >> i think that corporations have to revise the whole

system of being so bound to their profits. >> how does tax -- taxing the rich create jobs? >> it gives us money to spend on product that is could be made here. >> if a ceo came down here right now and offered you a job would you take it? >> no way! martha: no way, she says, so i guess she'll be free to woman back again tomorrow, steve, because she won't be taking that job from that horrible, greedy ceo any time soon. steve moore is a senior economic writer of course for the "wall street journal". our thanks to jesse waters from the o'reilly factor for pulling together those sound bites. he didn't have to do anything, really, all he had to do was ask questions and put the microphone in front of peoples' faces. what's going on here? >>e're going to have to rethink working for rupert murdoch, i didn't realize he was a greedy capitalist! listen toss those commentaries by the young people, it's sort of an indictment of our education system, isn't it, that these kids don't really understand how the world works. what's going on here is there is, i think it's a frustration on the left of

the fact that obama's polices haven't worked, that the whole agenda of hope and progress just hasn't happened, and now you're getting a kind of angry crowd, and the reason this is an important story, martha, is to see whether this escalates. we're starting to see these kinds of protests in cities around the country, and let's hope, but i wouldn't rule it out, these escalate and may even turn violent. we've seen that in europe, in places like london and greece where it's not always so peaceful. martha: we absolutely have. i think there are two elements to the things you brought up. i want to take the first one, president obama, if you're working on his message, i would look at these protests and say wow, our message is working, we're getting it across, corporations are bad, wall street is full of fat cats, because they have clearly been, you know, the rhetoric has been really negative towards this group out of the white house, so for them, the message seems to be working in their 235eu6r -- favor, right? >> good point. i think the president, especially in the last few weeks, has really emphasized

this class warfare message, that corporations are bad, the wealthy aren't paying their fair share, it's that -- as that one woman was saying if only rich people would share their wealth, we'd get prosperous. you don't get prosperous by taking other peoples' money, you get rich by profits, and i think most people understand that companies don't take a -- make a profit, they're out of business, if they're out of business they can't hire workers. this assault against capitalism i think is a little bit frightening, because we have to understand, look, what's the alternative to capitalism? it's the socialism, communism model which of course we learned over the last years was a total failure. martha: and what would you rather have -- he went dear in the head lights. it ono of what might be a better alternative. are we starting to see an undercurrent of protests? thankfully, this situation did not turn violent, people were arrested, there was a

little bit of confusion over whether or not they were allowed to cross the brooklyn bridge during this protest, but are we getting into something -- you know, susan sarandon said we're behind our arab brothers in the street and what we've seen in the arab spring but it's starting to happen here, too. >> look, i do think it's a scary situation, and what gets scary, martha, is look, people are angry right now, they're frustrated, and fearful, because of the middle class, with this rotten economy and the problem is, if the economy gets worse, if we double-dip into recession and more people lose their jobs, then it does get to a situation where people get so angry they may turn violent. again, i'm hoping that doesn't happen. it very rarely happens in the united states. martha: do you see any evidence that the unions are fueling these as has been reported? >> oh yeah, i think there's no questions the unions are bankrolling these protests. look, the democrats feel they have to get people out there. don't forget, martha, most

of the people are young people, under the age of 25, and those are the people who really rallied for obama in 2008. the democrats need them to rally again in 2012, but i did a lot of talks on college campuses, young people are turning a bit against obama because they're seeing those polices not working so well. martha: i bet you're popular on the college campuses! >> by the way i got to tell you, just in full disclosure, this is steve moore, this is not michael moore! when michael moore says capitalism destroyed america, no, folks, it's capitalism that's going to save america, steeves forbes said capitalism is the way out of this. martha: thank you for clarifying that because i know a lot of people get confused, steve moore, michael moore, which guy was that! >> good to be with you. >> we are getting details on a memo from president obama's reelection team, showing the president is about to go on the offensive on the road to 2012.

ed henry, live at the white house with more on that. ed, what does the memo say exactly? >> good morning, gregg. it's all about the theme that we've been hearing from campaign officials respect leading up to this, about what they want 2012 to be, and they want it to be a choice, they want it to be a broader choice than just about jobs, because obviously the unemployment situation with the president is pretty stark right now, and so this memo lays out, it basically goes after governor rick perry of texas, for example, for calling social security a ponzi scheme, it goes after former governor mitt romney as well on social security, saying he's previously come out for privatizing social security, and then this memo makes this broader indictment of the republican field, it says, quote, the campaign to win the republican nomination has become a campaign to win the hearts and minds of the tea party. they would return to polices that have been tried before and done nothing to improve economic security for the middle class, rewarding special interests who can afford to pay for lobbyists, instead of looking out for working family. that's a memo that was put out by obama, 2012. the challenge, the problem for the obama campaign, of

course, is the president has been out on the road as suggested, making this very case, and so far, he's shown very little momentum, for example, for getting that jobs bill passed, even as he uses this same kind of rhetoric, gregg. gregg: but speaking of rhetoric, he has been more and more direct lately, hasn't he? >> >> reporter: no doubt about it. over the weekend we heard the president at the human rights campaign dinner really go after republicans in general about this moment in that recent debate where u.s. soldiers stood up 57bd talked about being gay and don't ask don't tell, it was booed by the audience and the president -- republican presidential field did -- field did not rise town this soldier's defense. here's the president ripping into the republican field. >> we don't believe in the 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 silent when an american soldier is booed. [applause] >> >> reporter: now, administration officials say

the president is going to very rarely do what he did this weekend and come out directly against the republican field. he doesn't want to engage this early but they say when they find moments like that where they think he can capitalize, he's going to jump in. but i think it also tells us a little about their play book, which is, again, that if this election 2012 is just about jobs, the president is going to have a hard time winning, but if it's also about social security and rick perry's views on that they've got a better chance. if it's also about what the republican field said or didn't say about a gay soldier, that's going to cloud it a little bit and not just keep the focus on jobs. they're going to try to add these issues as quickly as possible. gregg: ed henry, thank you very much. martha: a pickup truck, slamming into the side of a house. how this happened. we'll show you after the break. plus, the emergency room doctor who officially declared michael jackson said is on the stand today in conrad murray -- in conrad murray's manslaughter trial. what she says dr. conrad murray held back that she really needed to know.

>>

martha: well, it was a rude awakening for one pennsylvania couple, the entire side of their house was engulfed in flames and completely flattened. this is unbelievable. police say it happened saturday morning, a 19-year-old driver apparently fell asleep at the wheel, veered off the road and plowed through the garage. residents say this is sort of an understatement, the drivers need to slow down! >> this road is very dangerous. they go way too fast on this. a couple of years ago, there was an accident that happened in my yard, like about six years ago, one of my neighbors got hit by a car, crashed into the house. martha: wow, well, incredibly, the driver was not seriously injured, and there is no word if he will face any charges. gregg: the emergency room doctor, set to take the witness stand in the trial of a man accused of killing michael jackson. the same doctor who testified that dr. conrad murray never told her that jackson was treated with

propofol, the powerful sedative that caused his death. >> did you make an inquiry about any past medical hiss stphre. >> yes. >> what did you ask? >> i asked what other medical problems mr. jackson had, if he had any cardiac history, if he had ever had a history of a blood clot, if he had any history of drug use. >> and in response to that question about the medical history, what were you told in. >> no to all of them. >> judge alex pirrer joins us. the failure to tell the e.r. doctor something that critical about the patient, is that sort of negligence or recklessness, per se, that could lead to a conviction on involuntary manslaughter? >> absolutely. i mean, it's looking really bad for dr. murray, and you would expect it to look bad in this side of the case, because it's the prosecution's side of the case. we've already heard the prosecution is going to show he bought in a one month

period 4-gallons of propofol to administrator to jackson. this is a drug, a surgeual anesthetic that's used in small quantities, mill liter respect -- mill liters. he used 4-gallon necessary a month. what you heard on friday was the testimony of a paramedic and the doctor saying that when they showed up, he didn't tell them they had administered any propofol to the doctor -- i mean to the patient, even though he's admitted he had been applying it for 30 days to the police,very single night, didn't tell the doctors it was in his system, and we all -- we all know that is crucial for doctors to know what steps to take to save the patient's life, combine that with the fact that he was telling michael jackson's security officer to gather up the propofol, put it in the bag, security officer thinking it was to take it to the hospital, apparently it was to hide them and that leaves the jury with the clear impression there was a coverup going on. it's looking very bad. gregg: that demonstrates consciousness of guilt when you try to hide critical evidence. >> exactly. gregg: i want to play a

piece of tape. this is michael jackson's voice in a telephone message to dr. conrad murray. take a listen: >> i've never seen nothing like this. go. it's amazing. he's the greatest entertainer in the world. gregg: all right, so judge, wasn't the doctor clearly put on notice by virtue of that tape and probably other events that michael jackson had a serious substance problem of some sort which, therefore, demands that the treating doctor, conrad murray, exercise a higher level of care for his patient? >> you're absolutely right, gregg. this was actually not a phone message, this was the doctor recording him on his phone, a voice memo. and everybody questioned would he do that and presumably the defense is going to say he wanted to show michael that alleged demerol addiction which he may very well have

had was really harming him and that he should listen to the doctor. the problem is, as you point out, it showed that he had knowledge that he's an addict and if the defense is going to rely on this denies that they've raised in opening that michael jackson self-induced the propofol and lorazapam when the doctor was out of the room, dr. conrad murray's knowledge that he's an addict and self-mediting is going to create another possible extreme negligence scenario, why would you leave these drugs at the bedside of michael jackson when you know he has a drug problem. gregg: this case is increasing now less about negligence and recklessness, which is almost a given, and now more about causation. >> absolutely is. that's what the denies is going to turn to. you'll hear as it goes on that the defense is going to say okay, even if he did this, even if he did that, if he didn't cause michael jackson's death, if the death was caused because michael jackson when he was out of the room grabbed

drugs and took them because he wasn't falling asleep, then he's not guilty of involuntary manslaughter, but the problem as we just discussed if he knew he was an addict, had a drug problem and left the room -- and especially leaving the room when he has him sedated with propofol, which is against every standard, he's going to have a hard time getting around that. gregg: judge alex ferrer, thank you very much. >> thank you gregg. martha: apparently if he gave him demerol, he didn't mention that either when he checked into the emergency room, which is surprising as well. we have more on that coming up in a little while. now let's go to the newsroom where jon scott is standing by wa look of what's coming up on "happening now". jon: we are waiting on -- awaiting the verdict of amanda knox. we're also watching the surprise testimony in the trial of dr. conrad murray. michael jackson's doctor, who gregg was jus discussing. >> and herman cain's surge, rick perry's stumbles, and will he or won't he?

chris christie's decision on a white house run. also today, have you heard about the crazy aunt invasion? it's the real deal. you'll hear about it. and these things bite. coming up, "happening now". martha: that's rather intriguing. we're going to stick around for that! jon, thank you. >> gregg: when he said the crazy aunt, i thought he was talking about a relative! >> martha: i did, too, that's what i thought! we're on those headlines. anyway, plus this story is also coming up after this, cracking down on illegal immigrants, but not at the border. why immigration agents are now hitting the city bus. plus this: >> remember that? awful, awful day. an emotional tribute now to the survivors of the indiana stage collapse and friends and family remember those who were lost on that tragic day. >> it's not getting any better yet. i mean, he was such a

special person. i just miss him so much, you know? it's time to realize that he's gone and it's hard. it's real hard.

gregg: a somber day of remembrance in tribute of the victims of that fatal stage collapse in indiana. that was a horrible moment t. happened nearly two months ago, seven people died, 40 others injured when a gust of wind suddenly blew through the indiana state fair, causing a concert setup and stage to come crashing down. this weekend friends and family are raising money to help benefit the stage hands. >> any kind of person is coming out, all these benefit, they're setting up

the whole funds, and it's all given to those doing hard work, and just -- it's families helping each other. gregg: the exact cause of the collapse of the stage, other than the weather, has not been determined. martha: the u.s. border agents are stepping up their crackdown on illegal immigrants. they're expanding their search field now to include public transportation. a recent sweep in florida, taking place at greyhound and amtrak terminals. fox news cameras were there along for the ride. phil keating joins us live in miami with more on this story this morning. hey phil. >> reporter: hi martha. as alabama's tough new immigration law triggered massive protests last week, of course, based on arizona's controversial state immigration law wch allows cops, if they pull somebody over, to check their i.d. to make sure they're in the country legally if they suspect they're not, well, on the national federal front, u.s.

border patrol agents have been doing this regardless of state law. >> whether it's the risk amtrak or the oncoming greyhound. >> we're doing immigration check. sue: this florida team of u.s. border patrol agents is more often than not waiting to find out who is on board and who shouldn't be. >> haley? do you have immigration document. sue: yes. >> can i see them please. >> these identification checks are a pub pub li -- publicized and every day action by the immigration laws. >> we question everyone, whether a u.s. citizen or a resident alien or illegal alien, you're going to be questioned. >> with the obama administration moving to selectively remove undocumented criminals or immigration fugitives, advocates say the random checks are misguided.

>> these are the people we should be going after, the dangerous criminals, the people intend to go do us harms -- harm, not kids who would be eligible for residency if a bill like the dream act would pass. >> do you have your passport with you? >> until a formal policy change, these checks go on. >> the key is being present here and deterring something from happening. >> thank you very much, i appreciate it. >> all right. gregg: the -- >> reporter: the u.s. is on track to deport nearly 400,000 illegal residents this year, and since obama was elected in 2008, at that year, 31 percent of the deportees had criminal histories, today it's 50 percent, all done with prosecutorial discretion. martha. martha: interesting story. all right, phil, thank you very much. phil keating in florida. gregg: coming up, the story of one kicking home coming queen who got her crown just before booting a field goal! and winning the big game. >> ♪ >> ♪ she's a winner. >> ♪ >> ♪ >> ♪

martha: this is great story to finish off with a. prom queen who can pack a kick. imagine, kicking the game winning field goal on the same night that you are crowned prom queen, okay? it does not get better than this, folks! she could barely bieve it, this all happened on one night herself. >> i was up for a nomination, i never thought in a million years i'd actually win, but i ended up winning, and it was pretty exciting for me. martha: what an adorable person! >> gregg: beautiful! martha: 31-yard kick, not only clenched the game but was her personal best. makes me feel like a lazy bones in high school myself! i wasn't the he coming queen or kicking the field goal in the end! that's okay. gregg: good for