>> good morning, everyone. hope you're going to have a great tuesday. we begin with the fox news alert. after four years behind bars, amanda knox, the american student on her way home from italy a free woman. knox and her family are reportedly on a plane headed back to the united states and likely heading to their home in seattle. yesterday, a judge overturned knox's conviction for the murder of british student meredith kercher. kercher's family spoke just one hour ago. feels very much almost back to square one. the search goes on to what actually happened. >> until the truth comes out, we can't forgive anyone because no one has even admitted to it. >> prosecutors say they will appeal this decision. >> joining us is tom wright. he's known the knox family for 10 years and is the founder of friends of amanda knox and joins us live from seattle. good morning to you, tom. >> good morning. >> tom, have you spoken to amanda? >> we have not yet. >> what have you heard about

how she took the stunning news that she was immediately sprung? >> tremendous relief. great joy among the family members and those of us who have been friends and have worked so hard for this day. we're just delighted. >> the amanda that you know, they say there was much more of the amanda even though she spoke in italian when she gave her plea at the end as opposed to the one four years ago who described why she was innocent. how would you describe what happened then and how much different she was now? >> i think that the amanda that we always knew is still there. great strength, great intelligence, she was eloquent in the final address to the court. she spoke from the heart. that was always the amanda that we knew. >> have you had an opportunity to speak to her parents, tom? >> i've spoken to other relatives. i've spoken to an uncle and a grandmother and very, very soon

now, the group of friends and family that were in peruga will be reaching a location where we'll all be able to talk to her and hear more about what went on. >> that's great. it's said that the family spent a lot of money in her defense over the last four years in getting to this point. how much of a financial toll has this trial played on the family? >> just a tremendous amount. grandmother has personally used her life's savings. both families, both sides of the family have spent an immense amount. we did some fundraisers over the last four years but it was just a drop in the bucket really for the legal expenses and the travel expenses going back and forth. >> and as i understand it, i was reading in "the seattle times" this morning, tom, it said that ever since she was incarcerated four years ago, the family and friends of amanda which you helped speak on behalf of has made sure there's either

a family member or a close friend there every visiting hour, right? >> that's absolutely correct. one of the pledges that the family made very bravely at the very beginning was they weren't going to abandon their daughter ever and there would always be someone there for her. any time there was a visiting hour, there would be someone from the family there to hold her hand and offer her emotional support. >> that's amazing. >> it really is. the family has been really tremendous, pulling together, staying behind her and now they're all going to celebrate her return together. >> tom, let me ask you this. the italian judiciary, i imagine when i say those two words, i'd love to get your first reaction to that. >> well, i would have to say that every country and every system has its own flaws, its own weaknesses and its own strengths. and i think in this particular case, there was a case of a wrongful prosecution. in the coming days and weeks, we'll find out how it happened

in this particular instance. >> any sense of where her first interview will be and what she will do? >> none whatsoever. and we're looking forward to having her make these decisions for herself in a safe environment after she's rested up. >> sure. what about meredith kercher, what do you think happened to her? >> well, of course, that's the great tragedy that is at the heart of this. and i believe they had the killer at the very beginning, he's been convicted and he's serving time and i think if there can be any closure for the kercher family, it's that her killer is behind bars and amanda and the other have been let go. some measure of relief can be had. i don't think anyone can understand the depth of their loss. >> it's an amazing story. four years in prison. and she's now coming home on a flight right now with her parents. tom wright, you worked a lot of hours to make this happen. thank you so much for getting up in the middle of the night to

speak with us. >> thank you. >> they've already done a movie on this. it went out about six months ago, yeah. she's got quite a story, it will be interesting -- that was a great question, where she'll have the first interview. maybe shehere. you never know. >> new to your headlines, he's accused of trying to blow up a plane with a bomb in his underwear. this morning, the case heading to court. jury selection for umar farouk abdulmutallab gets under way in detroit. the nigerian national is accused of trying to bring down a northwest airlines flight from amsterdam to detroit with a bomb in his underwear on christmas day 2009. abdulmutallab will be acting as his own attorney. a bizarre story from britain now. the body of a homeless man who was obsessed with queen elizabeth found on a tiny island near buckingham palace. it's believed robert moore died about three years ago, a place landscaper found his bones and passport and a pile of empty vodka bottles. moore sent hundreds of packages

to the queen over the years. it's a special election day in west virginia. it's the race for governor seen as a referendum on president obama. acting governor earl ray tomblin, the democrat with a razor thin lead over the republican businessman. g.o.p. hoping to win their third special electionn three weeks, the winner will replace the former democrat mayor joe manchin. he won the seat showing him shooting a hole in the president's cap and trade policy. president george w. bush and first lady laura bush visiting the site of his library and presidential center in texas. last construction beam now in place. >> it's awe inspiring. i mean, it exceeds expectations. it is going to be a fabulous addition to the smu campus and to dallas. the challenge is after you've been president to make sure you're still constructive. >> the george w. bush presidential center set to open in the spring of 2013.

and those are your headlines. >> i saw it two weeks ago, it's really a beautiful building. gigantic. meanwhile, yesterday, the president of the united states sat down with george stephanopoulos and it was a wide ranging interview and it's interesting, one of the questions that george asked. he said, you know, chris christie had a tough speech -- tough for you to listen to, mr. president, at the ronald reagan library yesterday, last week, he said the president didn't have the courage to lead. he was a by stander in the oval office. and chris christie said what happened to that state senator obama, a guy who promised to unite people? not divide people? because chris christie, it was said, has brought people together in new jersey. the president responded this way to that question. >> you know, i'm not sure that folks in new jersey necessarily would agree with that but here's the broader point. i don't think that the american people would dispute that at every step of the way, i have done everything i can to try to get the republican party to work

with me to deal with what is the biggest crisis of our lifetimes and each time, all we've gotten from them is that. you won't get too much dispute about that. >> there is some dispute. number one, the $825 billion stimulus bill was jammed through without any republican input. in fact, back in 2009, when the -- when republican leaders who were asked about it, and went up to the president said i thought you were going to bring both sides together and i thought we were going to have some input on this. he said i won, i'm the president. >> elections have consequences. >> but the other thing that i think is so important to this discussion is right now with the american jobs act, first of all, it took weeks for anyone to even introduce it in the house and we're talking about a lot of democrats. finally, one person has now introduced it. but nobody else is co-sponsoring this bill right now. and that speaks volumes. also, there are -- along with the democrats who have come up publicly to say that they are

also against this jobs bill. so it's slightly disingenuous. here they are right here. and the dems against the jobs bill so it's not just republicans that he was speaking to as far as saying no in that interview, it's people in his own party. >> he went on vacation, comes back and says here's the jobs bill. i want it passed right away. he we want out and said i want this passed right away and now the house said it's dead on arrival. we want to take certain pieces of it and push it forward. dick durbin said on friday and harry reid said earlier, they didn't have the votes in the senate to pass it. where is reaching across the aisle and what he just said? >> harry reid said this about the jobs bill, it seems as if the president is in full campaign mode. the president says pass my bill in its entirety, as i said from the outset, this all or nothing approach is not acceptable and apparently in lieu of the

president's jobs bill, the house is trying to pass other measures to spur jobs growth including some free trade agreements with south korea, colombia and panama as well. stand by. >> republicans and democrats step aside. there's a baby on the bus and that baby is crying over hillsborough, oregon. >> how loud is the baby crying? >> too loud, gretchen. >> it doesn't matter, babies cry. the last time i checked, all babies. >> it was a loud crying baby. aggravated bus driver. >> by the way, a woman, it wasn't just a guy aggravated by the cries. don't know if this bus driver is a mom and has heard those cries before. apparently it got her very agitated to the point where she asked the mom and the baby to get off the bus in the dark. so the amazing thing to me is the reaction from the other people on the bus. listen to this. >> some people around me were saying it's not bothering us. why is it bothering you? and i spoke up and said to the driver that it's a baby. babies don't work that way. you can't just turn them off.

>> yeah, apparently after the woman bus driver kicked the mom and her kid off, there was some grumbling in the back and some people probably including that woman who was just interviewed right there, the bus driver said, well, if you don't like it, you can get off the bus, too, and they all got off the bus. >> the woman says we've got some complaints. we told the bus driver in a situation like that when you're about to snap, you call the supervisor and pull over. those two got off. other people were aggravated and said bring me home. >> the driver told the dispatcher what happened. this is what she said. it wasn't just crying, it was screaming all the way from beaverton and i finally stopped the bus and said we have to get the baby to stop screaming. i can't drive with it screaming. did the bus driver do the right thing or not? >> doesn't sound like she had concern for the baby. it sounds like the shrieks were bothering her. for the first time, president obama defending the loan money,

hear what he said about solyndra. >> are the wall street's protests the left's attempt to build their own tea party. what if it works? stuart varney is up next. >> wow, i remember him. >> he's coming on in. >> wonder if he changed. ededed we could do weight watchers online together. it was easy, it was flexible and it worked. ok -- i've got ground turkey, i've got bell peppers so he'd plug it into the recipe builder and it just pulls up tons of recipe options. laura's very competitive, whenever i was beating her in weight loss numbers -- i always was winning in percentage. i am a little competitive. together we lost 162 pounds. i don't know if you've noticed, but look at this guy. [ female announcer ] join for free today. hurry, offer ends october 15th. weight watchers online. finally, losing weight clicks.

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>> welcome back, everyone. as you know, hundreds of people have been protesting on wall street in the last couple of weeks. now, it's the 18th day. but do they have any idea what they're actually mad about? >> why are you out here? >> this is where the enemy is. the enemy of the working and poor people. all the politicians are puppets.

>> why are you out here? >> not quite sure. but it just seems like this is the first time where i've had faith in the human race. >> everybody seems pretty unhappy right now. so yeah -- >> nobody knows why they're here. >> that's ok. you don't need to know why you're unhappy sometimes. you can still feel unhappy, ght? >> why is dr. keith ablow when you need him? is this a growing movement or a temporary temper tantrum. stuart varney is fresh off the case. what do you make of this? it's spreading across the country. hard to ignore. >> it's hard to ignore. there are more people protesting but it's still numbered in the hundreds. this is not a mass movement. there's not thousands of people out there. i don't think it's been numbered in the thousands. and it's been very well received by the establishment media which kind of likes it, you know, but not well received by the conservative media but look, those people protesting, i think, are obama's base. and they are rallying for obama's base. the issues are precisely the

same. they're railing against the fat cat bankers, that's the expression that president obama used. they want to spread the wealth, exactly the same as president obama. they want to tax the rich. same as obama. they hate wall street. i think president obama does not have a soft spot for wall street. they hate big oil. they hate -- they want to do something about global warming. the issues are the same. that is president obama's base. i would not be surprised if it didn't in some way embrace them. >> actually, you've just spelled out what they're down there protesting for better than any one of them has done in the interviews that i've seen but besides that point, let me just say this. do you think this is the left version of the tea party? >> looks kind of like it. the numbers are not there. but they may have some influence on the democrats. they may keep president obama way out there on the left. in that sense, maybe they'll have some influence. but in terms of numbers and real power, organization across the country, not even a pale shadow

of the tea party. >> do you remember during the bush years around 2004, 2005 with the anarchists that would show up at all the g-7 meetings, a lot of young people. mostly european. they would show up. this looks like the same thing and the same group of people who have one thing in common, they choose not to shower much. >> ok. look, these people are actually railing against capitalism. they are very much -- >> why aren't they here? why don't they leave? >> i can't answer that question. >> good thing you don't ask them. >> they're young, youthful people that there's sort of an image, mirror i mage of what's happening there. in fact, they're protesting a raid against their own policies. i mean, they want more jobs. well, we're trying to get more jobs with government action. are they against that? it's hard to say exactly what they are for. we know what they're against. but we don't know what they're for. >> very interesting point. >> stu varney, we'll check you

out later on on the fox business network. >> thank you. >> thanks for joining us. 9:20, of course. >> on "varney & company." meanwhile, straight ahead, he swore to tell the truth. it turns out eric holder may have lied. e-mails revealing a branld new story about fast and furious. that gun scandal and what the attorney general really knew. >> and it's no secret, capitalism is what made america great. but our next guest says the white house is making capitalism a thing of the past. [ male announcer ] every day, thousands of people archoosing advil®.

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>> if you're just waking up, some quick headlines for you. two more members of team bachmann jumping ship. a pollster and senior advisor abandoning the campaign but she is not quitting. she's positioning herself as the only full spectrum candidate in the race. they are refusing to delay jared loughner's extradition back to a prison. he was getting psychological treatment in missouri. the judge wants him to get more treatment so he's mentally fit to actually stand trial. he's accused of killing six people in tucson and badly injuring congresswoman gabrielle giffords. steve? >> thanks, gretch. president obama's plan to raise taxes on the rich continues to create controversy. >> either we ask the wealthiest americans to pay their fair share in taxes or we have to ask seniors to pay more for medicare. we can't afford to do both.

this is not class warfare. it's math. >> really, a lot of people are calling it class warfare and our next guest actually predicted it. joining us right now from san diego, we've got a former white house policy -- domestic policy analyst in the reagan administration and author of the roots of obama's rage which is now out in paperback. good morning to you. >> nice to be on the show. >> when the hard cover came out a couple of months ago, you came on and made a series of predictions about what the president would do and from where we sit, you were right on all of them. >> well, the thing about it is some people thought about obama that he's just clueless about the economy. but my thesis is that he actually has a deep strain of hostility to capitalism. and also to america's kind of commanding role in the world. and so i said if i'm right, i should be able not only to explain what he's done but to predict what he's going to do.

and so i predicted that obama would spend money without regard to the deficit. as if he didn't reay care but i said it's a politics shift and he's forced to care, he's forceed to do something he will, a, cut the military and b, go after the rich and that's exactly what he's doing. >> ok. so we look at some of the predictions, no attempt to reduce a national debt or the deficit. raise taxes on the rich. he does not call it class warfare. fail to stop iran nuke build-up and treat israel as a colonial power as well. now, when you were here last time, you talked a little bit about something that i never heard anybody speak of before that was about some of president obama's father's writings regarding taxation. >> yeah, his father barack obama sr. wrote an article in the 1960's, an article called "problems facing our socialism." and he was talking about what countries should do when you

have a powerful class of wealthy people that dominates the economy. and he said what you need to do is you need to use the power of the state to attack those people, to confiscate their land, and to tax them. and barack obama sr. proposed high tax rates. how high? he said up to 100%. 100% taxation. so when barack obama jr., the president talks about the rich not paying their fair share, i think it's really interesting he never says what that fair share is. i mean, the rich is paying the lion's share of the taxes right now, how much does the president want them to pay? >> sure, one of the interesting things is you write that apparently the president used to write letters to his mother and refer to big business or capitalism essentially as the enemy. >> yeah. obama basically has never really had a job in the private sector. he had one when he was a young man, he worked for a small

newsletter company. a very remote outpost of global capitalism to be sure but he would write his mom who was living in indonesia and he'd say i'm behind enemy lines. i'm a spy. so even then, he viewed the private sector, if you will, as bad, as evil. and i think he's been raised to think of nobility and working something ethical as being a union boss or a bureaucrat or a community organizer, that to him is a much nobler expression of the american dream than working in the private sector or starting a business. >> interesting stuff. the book is called "the roots of obama's rage." thanks very much for joining us this morning really early. it's 3:27 right now in san diego. thank you, sir. all right, 28 minute after the top of the hour. a half a billion dollars down the drain but president obama now defending the botched solyndra loan saying it was a good bet. should he be betting with

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>> all right. time for your shot of the morning on this tuesday morning. >> i'm ready for it. >> all right, good. more than 50 medal of honor recipients gathered in one place this weekend in louisville, kentucky, to celebrate 150 years of the congressional medal of honor society. that group also used the patriot awards dinners to recognize four leading americans for their accomplishments and dedication to ideals of the congressional medal of honor awards. country music artist trace adkins was honored for excellence in entertainment, ted bassett iii was honored for diminished leadership, the president of the breeders cup, horse racing event. and senate minority leader mitch mcconnell received the patriot award. and here's the best part for us, fox news chairman roger ails

received the group's award for excellence in journalism. the group singled out his "impact on journalism and unbiased news coverage of the u.s. military in peace and wartimes." congratulations to roger. by the way, if you'd like to donate to the organization, head on over to their web site. it is right there and you can help them out. this is one of the most prestigious organizations in the world, membership is restricted to recipients of the medal of honor only. >> where was that? >> that was in louisville, kentucky, 150th time they've done that. >> congratulations. >> let's talk about president obama and the company in california by the name of solyndra, the one making the solar panels and received $535 million in stimulus money as a government loan in the energy department and then they went belly up in recent months. now, more and more information coming out, an e-mail from way

back in may of 2010 before the president was going to pay this visit to the company, as you see in the video right here. a big democratic donor steve wesley sends an e-mail to the president saying, you know, you may want to reconsider this trip out to solyndra because we are concerned this company may not survive long term and it could be "embarrassing for the administration" after taking taxpayer money if this company goes belly up. the president still went out to this trip two days later. >> meanwhile, the president yesterday talked about sew liol and he's taking it in stride, the big disaster that's the loss of $500 million. >> the white house has faced a lot of questions on solyndra, the solar panel company you paid a visit to in 2010. you held it up then as a model for jobs and clean energy. do you regret that? > >> no, i don't. if you look at the overall portfolio of loan guarantees that were provided.

>> warnings not to back that company up. >> hindsight is always 20/20. it went through the regular review process and people felt like this was a good bet. but the fact of the matter is that if we don't get behind clean energy, if we don't get behind advanced battery manufacturing, if we're not the ones who are creating the cars of the future, then we're not going to be able to make stuff here in the united states of america. >> couple of interesting points there. first of all, the bush administration, people decided not to go through with this loan right before president obama took office and then they decided to go through with it and number two, there are a lot of other solar energy companies that are doing well so was it just a bad pick? in solyndra? i mean, it appears there were warnings to not do this loan and a bunch of other warnings so i'm not sure how that all factored in. >> given the fact that the democratic donor that gretchen highlighted sent the e-mail to valerie jarrett who certainly has the president's ear every day. there's a congressional member -- member of congress from the great state of florida, republican by the name of cliff

sterns, he said that these e-mail proved that those closest to the president had directed involvement in the mess and knew about the red flags before we lost all that. >> and not only 2010 but also 2009. a little bit later, darrell issa will be on. he's talking about these e-mails as well as some disturbing allegations that have popped up, e-mails that have popped up around fast and furious. here's what else is happening. >> ok. hospitals across the country joining the search for a missing oregon cyclist who might be suffering from brain cancer. they're checking patients who don't know their name. relatives of mark bosworth fears he may have suffered a relapse of the disease. the 54-year-old disappeared december 1st september 15th on a bike tour. >> new documents released appears that eric holder knew about the program. the documents show that holder was first briefed on fast and furious in 2010.

those documents contradict his congressional testimony in which he said he hadn't heard about the program until the spring of this year. 2011. the justice department says holder simply misunderstood the question. oh, ok. >> ok, gretchen? >> i think this is your read. patdow patdowns, you love that topic. >> are intrusive patdowns a thing of the past? today, four airports testing a new screening program. some travelers who voluntarily gave information may find it easier to get through the airport. it's designed to ease complaints of full body patdowns on kids and the elderly. tsa officials say the program will started small and could expand depending on its success. >> meanwhile, country singer hank williams jr. responding to espn pulling his musical intro from its "monday night football" broadcast, you know, are you ready for some football? yesterday on "fox & friends",

williams used an analogy to hitler in talking about president obama. my analogy was extreme, he writes, but it was to make a point. i have always respected the office of the president. every time the media brings up the tea party, it's painted as racist and extremist but there's never a backlash. no outrage to those comparisons. hank williams jr. responding to his comments. >> speaking of monday neight not ball. that's what it was last night. >> they played tackle football and a lot of people hit each other. excuse me, chris? >> clayton is over your shoulder. he's coming up next. >> it's unbelievable that chris, my cameraman would be yelling at me. great game between the colts and bucs. par for the course. peyton manning can only root for the colts as they try for the first win of the year. breaks free, all the way for the score. the colts were leading 17-10. tied at 17 at the half when

tampa's player finishes off the colts with a mad dash. nothing stops him. colts are 0-4. they lose 24-17. screwing up everyone's survivor poll. don't look now, yankee fans, you're one game away from playoff elimination. detroit tigers doing their job. the yanks were trailing. tying the score at two. we're tied at four in the seventh, put the tigers ahead for good with the solo blast taking it 5-4. detroit host a 2-1 games lead and they could finish off the yankees tonight. meantime, in tampa, the rays hosting the rangers with the series tied at one. mike napoli taking david price deep. that makes it 2-1 texas. nolan ryan in a suit, won't play anymore. retired so young! he owns the team. the rangers up 4-3 and held on to that lead. they lead the best of five series 2-1 games.

>> all right, exciting times in baseball. >> meanwhile, it's a big day for apple computers unveiling the latest version of their iphone this morning. live at not he will h.q. in california with the latest details. clayton, unlike the last one which somebody left a prototype in a bar so we kind of knew what it was going to look like. we don't know what this is going to look like, right? >> we have no idea. speculation is this is not going to be a huge upgrade but look a lot like the current iphone 4 but with a big speed bump. it will have a much faster processor. you know that same processor, that same chip that's in the ipad that goes super fast will be in this current iphone we're hearing. but it's really the software that's going to be the star of the show. there's going to be -- spent quite a bit of time in this theater talking about ios 5, that's all the software that powers these devices. what will it do? i know you guys don't have any assistants or personal

assistants. imagine this, imagine if you had a personal assistant built into your iphone. think about what steve and brian could do with this. gretchen, i know you got it down pat. you pick up your iphone and you say remind me to pick up bread later today and it populates, puts that information inside your calendar and sends you e-mail and calendar reminders and you don't have to do anything. no typing involved. that's one of the big features we're expecting to see today. >> actually, i do need that. i do need that part of it, clayton. that sounds like a great thing. two quick questions. >> is that going to be easier than a post-it note? because i think that sounds a little more complicated than a post-it note. >> if someone can -- you don't want to walk around with a post-it note stuck to your chest. i've done that before. you don't want to too it. you have your phone on you all the time. >> i was going to ask whether or not this will be at&t or will you be able to get verizon service? >> so you'll have verizon, current iphones are on at&t and they're on verizon and word is this morning if you pick up "the wall street journal" yesterday, sprint will now be thrown into the mix. in fact, they're bettg the

company. in fact, we understand this could be a $20 billion deal for sprint. that they had to agree to buy over 30 million iphones to get this deal done. and, of course, one of the other big stories is that ceo tim cook will be on stage. steve jobs will not be here this morning. and all eyes on what tim cook will do today. >> of course, this whole thing is just a phase, basically we're going to go back to corded phones. >> you watch. >> everything is going to be -- this cordless thing is just temporary. thank you very much, clayton. we'll check in with you again. good job. enjoy yourself. run up the expenses like you usually do. >> thanks, brian. see you later. >> coming up on the show, amanda knox free and heading home on a plane right now this morning. will she tell us what happened to the victim, meredith kercher. judge napolitano here with the answers. >> this person's bird feeder turned into a bear feeder. hey, yogi.

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>> 46 minutes after the top of the hour. the verdict is out finally and she's a free woman, an italian appeals court clearing amanda knox in the murder of meredith kercher, her roommate. joining us is host of fox freedom watch, andrew napolitano. you're good for the segments that we say now what. >> you can't blame her for wanting to leave italy. she's still exposed to some jeopardy there. because she has -- she's a convicted felon in italy though she's already served her time. >> so she actually was guilty on this defamation charge of which she'll have to pay a fine. that's basically it unless she decides to write a book, my friend, judge, and she says hey, i did have something to do with that murder. >> that would expose her to some

serious liability. in the united states of america, we have a rule against double jeopardy meaning you cannot be tried twice for the same crime. it's basically the rule. there are some exceptions that don't apply to this conversation. so if, for example, casey anthony were to write a book and said i did it. she can't be prosecuted for perjury because she never took the stand and she can't be prosecuted for murder, she has never been acquitted. italy doesn't have a rule. if amanda knox wrote a book and said i did it, the italian government could seek her extradition her. she could be arrested here and extradited. if she wrote a book and didn't admit to criminal activity, the book would be hot. she's a hot prospect now and the book would probably sell. >> i'm thinking as this 24-year-old woman who has been in prison for four years, coming home, if she had anything to do with this murder, there's no way in you know what she's going to put that in a book. her story being in jail would be compelling. >> i think you're right and i think her lawyers would advise her, don't say this. don't open up this can of worms. >> let me ask you about what actually happened that night.

because there was some very flimsy d.n.a. evidence that you believe she would not have been convicted in an american court. >> i believe the evidence would never have been admitted. >> the witness was a heroin addict and probably that testimony -- >> and her so-called confession wouldn't have been admitted for a variety of reasons here. >> but there was a bloody footprint. >> yes. >> of hers in the room. you believe that she actually knows something about this murder. >> i do. and i think that most careful observers of this believe she knows something about it. but that is not the issue. the issue is did the government have enough evidence with which to prove her guilt? it didn't the first time and it didn't the second time. that's the end of the story. was she there? i think she probably was. now, the footprint is equivocal. some have argued it wasn't even blood. i think it is more likely than not it was blood and more likeler than not it was her footprint. doesn't mean she committed the murder but probably means she was in and around that room and that apartment and probably knows what happened. >> very interesting. i don't know how a person,

whether or not she was involved has a normal life after this. >> i don't know how -- good observation. i don't think she can have a normal life, whether it's of her own doing or the doing of the italian government that caused this. >> well, we'll look forward to your show tonight. >> thank you. >> right? "freedom watch" as always on the fox business network. >> i'm up against the big guy. i'm playing basketball against the 6'8" oh rile. -- o'reilly. >> i thought you were being literal for a minute. i'll tune in for that. i'll tune in anyway. judge, good to see you. a new surgery coming up promising to keep cancer patients alive but research says patients who want it can kiss their bedroom life good-bye. uh-oh. i'm staying tuned for that as well. forget the former frontrunners. herman cain, there he is, now the man to beat. he's live to the control room and heading to the studio. almost tastes like one of jack's als.

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>> 240,000 men are diagnosed with prostate cancer each and every year. now there's concern these patients aren't given fair warning about how surgery will affect their sex life. joining us is the vice chairman of the department of urology and chief of robotics surgery at mount sinai medical center. this directly affects everything you do every day. >> i think this study, brian, came from jama. >> what does that stand for? >> medical journal that -- journal of american medical

association and basically what we talked about over here is that when men go through prostate surgery, whether it's radiation or surgery, there could be some effect of sexual dysfunction after the surgery and there should be more discussion between the doctor and the patient and their spouses. but the range goes from like 2% of function to like almost 80% and really i'm glad that this is out because now we're talking about the fact that doctors should spend more time with their patients and that patients should really do diligent search and find the centers of excellence where they do more of these procedures and there's more expertise. >> let me get this straight. what you're saying is you can quote any statistics that you want but there's a difference between what you do and how many times you do it and the skill that you've acquired with this robot. and as opposed to somebody else who said i just read the directions i'm going to try it. >> i always say behind every successful robot, there's experienced surgeons and really the patient's job to make sure they look around and get a second opinion and have an honest discussion with their

physician and about their sexual function. the truth is that a lot of these patients in the hands of experienced surgeons whether it's open surgery or robotic surgery, they recover and they do well and that's the advantage of surgery over radiation, as time goes on, they do well. but brian, also there's something called expectations of the patients. you look at the patient five years after and they say you know what? i'm cured from the cancer. i'm completely confident and my quality of life is great but my sex life may not be as it was five years ago and that's true. it may be close to it but may not be exactly the same so there are some changes in some patients. they have to expect -- >> big picture, technology is expensive. medical insurance is the number one issue and health care the number one issue possibly in this country outside of the economy. do you think this is all related? do you think, perhaps, "new york times" writes how overrated high-tech surgery is to try to drill it down so we don't ask for it. >> i think "new york times" is "new york times." they always try to spin this whatever way they want it. and you know, the idea is that

the patients as a consumer they have to be smart. you have to talk to the experts in the field and really get honest answer. there are a lot of patients in my practice where we do this watch for waiting. they have lower prostate cancer. we do not need to do the surgery. individualize the care and talk to the patient honestly about the data and make sure you take care of the patient as a whole. >> go to fox and friends.com and we'll hook you up with any questions. >> always available. >> thank you very much for coming in. straight ahead on this show, first a fee to use your debit card and now this. one of america's biggest banks hitting americans with another fee. and it's the new man to beat in the republican race for the white house. herman cain is here. fresh off a meeting with donald trump. and then he gets to meet steve doocy in person! and a complimentary coffee? life is good for herman cain. capital one's new cash rewards card

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everyone. thanks for sharing your time with us today. we start with a fox news alert. amanda knox, the american student on a plane and coming home right now after spending four years in an italian prison. the american acquitted on murder charges. will she finally, though, tell what really happened? her story. >> and herman cain is taking the country by storm, stealing the spotlight from republican frontrunners like rick perry, like mitt romney. but can this businessman turned politician ride this wave of popularity to the white house? herman cain live on the curvy couch where i just read my first question. >> come on over, herman. >> good morning to you. >> good morning. >> you ever watch steve doocy read a cold open? there you go. >> i'm about to do it right now. meanwhile, you can call it a rebirth, a deaf woman comes to life after hearing for the very first time. >> technically, the device is on. can you tell?

that's exciting! >> amazing technology that made it possible for her to hear her own voice. "fox & friends" starts right now. >> great to have you here. >> mr. cane would know how to do that, he is a businessman and has his own radio show. he would be good at television probably as well. if you don't mind sitting still for a moment, we have to do some headlines. >> all right. >> we start this morning with a fox news alert. amanda knox is a plane ride away from freedom now. she is on her way home with her family after her murder conviction was overturned in dramatic fashion. let's go out to greg burke who has been following this case for us live from italy. greg, a huge sense of relief no doubt for that family. >> oh, no kidding. i mean, it looks like amanda is on a plane right now on her way to london and there is a flight from london to seattle.

we have no confirmation of that but obviously, that would be the logical thing that by afternoon time in seattle, she would be landing. last night, lots of celebration. lots of tears of joy. both from amanda knox and her family and all her supporters in the united states. now, while it was unlikely that she was going to get that life sentence that the prosecution had asked for, there was some chance she was going to spend more time in jail and went in there at the age of 20 and came out nearly four years afterwards. it looks like she was traumatiz traumatiztraumatiz traumatized last night before the hearing. it looked like she was going to hyperventilate before the verdict was read and then great tears of joy. it's been a different story for the kerchers. she was the victim here. they were telling journalists this morning they are back to square one. they are convinced that three people were involved, meredith's sister stephanie says the biggest disappointment is not

really knowing what happened to their sister who was known as -- not really knowing who was there and who is guilty, what she said is we still have no answer. and finally, guys, this is a case that divided people during the trial, during the investigation, during the trial and still divides countries and people afterwards. there's been a lot of anti-amanda feeling in great britain. it's not all that way but one of the newspapers has the headline "free to make a fortune." guys? >> all right, very interesting, greg burke live for us in italy. thanks very much. other headlines this morning, he's accused of trying to blow up a plane with a bomb in his underwear. you remember him. this morning, the case heading to court. jury selection for umar farouk abdulmutallab gets under way in detroit. the nigerian national accused of trying to bring down that northwest airlines flight from amsterdam to detroit with a bomb in his underwear on christmas day 2009. abdulmutallab will be acting as his own attorney. mortgage giant fannie mae could be in more hot water now. a new government report says the

company was tipped off about improper foreclosure practices by lawyers all the way back to 2003. however, according to the report, it took fannie two years to hire a law firm to investigate. and once the investigation found abuses, the company still did nothing. a broader report into abuses at fannie mae and its sister company freddie mac due out later this fall. two of dr. conrad murray's girlfriends are expected to take the stand at their manslaughter trial. the women say he was on the phone with them as michael jackson lay dying. yesterday, two e.r. doctors testified murray didn't tell them that he gave jackson propofol and couldn't remember how long he waited before calling 911. and the family near pittsburgh wanted to feed the birds. but instead, ended up serving breakfast to a baby black bear. the cubs climbed up their deck and emptied out their bird feeder before police had a chance to scare them away. those are your headlines. good thing they're looking through that bear with -- through glass.

>> yeah, we got too many bears clearly. they're too close to humans. for more on that -- >> herman cain is here, ladies and gentlemen. >> brand new book out. >> thank you. thank you. >> now we find out who herman cain is in this book. >> this is herman cain. what a unique title, right? >> got to be about you and we'll talk about your book in a couple of minutes. when you were in the green room, gave you the news that you hadn't heard yet. there's a brand new "washington post"/abc poll out that shows you're now in second place. rick perry has -- ties you at 16%, mitt romney at 25%. perry has lost about half of his support and it looks like, sir, it's gone to you. >> well, i believe that is the case. and that substantiates what happened in florida. what happened last weekend with a couple of straw polls, the national federation of republican women won that straw poll and these are people who are very informed so we hadn't seen that yet but that's great news that says that the flavor of the week might have some

substance. >> black walnut isn't a flavor of the week. >> also, says to those naysayers who say people should get out of the race early on because they'll never make a comeback. they point to your story now and say maybe that's not the case. i want to give you a chance to comment, notice, on the other two top men in the race right now. governor perry and governor romney. in the past, you have said that governor perry was insensitive. >> it was relative to something that came out yesterday, relative to a property that he and his family either leased or owned and they had a very derogatory word on a rock. i don't know the full story, all the details. i said the mere fact that it was there, whoever was responsible was insensitive. that was a statement but i also said, i in no way believe that represents how governor perry feels about black people in this country. >> you just saw the governor come on to the scene recently and he's been attacked from every angle. he's been on the defensive from immigration to social security and now this rock outside a hunting club.

>> right. >> is he blowing it in the debates or are we just learning more about his policies? >> i think it's a little bit of both because the debates are not as easy as some people might think. and i think he probably underestimated how prepared you need to be for those debates. remember, you only have a minute to answer the question and sometimes you have to think very quickly. i think he was not prepared for that format and so those of us who participated in all the debates from the beginning, i've been in all of them from the beginning, you do learn to be much more responsive and quick relative to some of the questions. >> somebody who has clearly done well in the debates as well is mitt romney, the comments on how he's running his race? >> he's running his race top down. he's got a lot of money. i'm running my race bottom up. in florida, i know that mitt and governor perry spent some money to try to influence the outcome of that straw poll in florida. well --

>> that happens every time. >> it happens every time. what did we do? we rented a bus, traveled around the state of florida, talked to people, shared my message of solutions. that's why we were able to win it. >> i know you're very positive about mitt romney, much more positive than negative things to say about him. one thing you point out in your book. when it comes to health care, when you stared down president clinton in 1994 at town hall, hillary care went by the boards, romney care took over. is it tough for you personally to get behind somebody or get on the same page of somebody if they do something so opposed to what you believe? >> well, it depends upon what they say after the fact. now, governor romney has been saying he would want to repeal obamacare. that's a great statement. but he's not going to be able to shake that ankle bracelet that i call it of romney care. it's going to continue to haunt him. i really respect governor romney because of his business experience and i happened to believe he has some great

leadership abilities but the distinction that i have tried to make between governor romney wanteding to stake out the position of being the businessman in the race vs. me, his business experience has been wall street. mine has been main street. i've actually run individual units. i've actually made the pizzas, i've actually cooked the burgers, i've actually cleaned the toilets, i've actually run a bunch of small businesses. my experience is more mainstream vs. wall street so i still have a lot of respect for him. we're just different in that regard. >> what may upend everything again is governor chris christie of new jersey may decide in the next couple of days to get into the race. what would happen then and what do you think about him? >> well, i have a lot of respect for governor christie. i've not met him. i don't know him. just like when governor perry came in, it would be a big splash, you know with the establishment media. we'll see what happens. i don't believe a lot of people, especially conservatives, know a lot about this on a lot of these

issues. he'll suck up a lot of the oxygen for a while and at the same time, you'll still see black walnut moving up the charts. >> yeah. >> it's incredible. >> i can be black walnut all the time. it's not a flavor of the week. >> is that something you put on a cone or would it crush the cone? it sounds so heavy. >> it's not that heavy. you could eat it on the cone or in the cup. >> did you serve that to donald trump yesterday? what happened in the meeting? >> the meeting was great. we hit it off right away. i think it's because we're both businessmen and we both know how to look at the big picture as well as the big problem that we face. we talked a lot about a lot of the big things -- big issues that we face and i was able to get him first hand on some of the views that what i would do as president relative to the economy and relative to china. >> if success leaves clues, you remember what donald trump did for six weeks. he was number one in the polls and took everybody by storm, sucking all the oxygen out of the room. what did he do that you can learn from? >> he capitalized on the attention and every time that he was able to get, you know, in

front of the camera or do an interview, he talked about something specific. this is what i have done in my entire campaign. i don't just talk about generic solutions to our problems, i talk about his specific proposal that i'm putting on the table. i can't leave this segment without mentioning 999 which is the plan in order to boost this economy because that's a specific recommendation and it's resonated with people. >> it's part of the cain doctrine which is one of the chapters in your book. we'll talk about that in a couple of minutes. before we get to that commercial time-out, i want you to watch. george lopez, funny comedian on this program talking about all the candidates and your name kind of came up and he described you this way. >> he is very conservative -- absolutely, so i think he will do well. you know, barack obama, you know how extreme he is. herman cain, herman cain, it's funny, the republicans do know that he's darker than barack obama. maybe -- whiter on the inside. >> all right. that's what he said. we want to get your response in two minutes, all right?

>> all right. >> also, we'll talk about his brand new book "this is herman cain." auto and a miracle caught on camera. a deaf woman hears for the very first time. >> there you go. now technically your device is on. can you tell? that's exciting! >> the amazing technology that made this moment. you don't want to miss it. right back. only one bottle left ! i've got to tell susie ! the vending machine on elm is almost empty. i'm on it, boss. new pony sorry ! we are open for business. let's reroute greg to fresno. growing businesses use machine-to-machine technology from verizon wireless. susie ! the nding machine... already filled. cool bike. because the busine with the best technologyules.

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>> he is very conservative, absolutely. i think he will do well. barack obama, you know how extreme he is. herman cain, it's funny, the republicans do know he's darker than barack obama. maybe whiter on the inside. >> that was george lopez on the curvy couch yesterday and now presidential candidate herman cain responds to george lopez.

>> george was half right. i am darker than president obama but on the inside, i'm red, white and blue. it's called patriotism. and i think the republicans and the conservatives see that which is why i'm getting so much support and so much traction. >> what i get is doing the radio show, as you know, you get calls from everywhere and a lot of them surprise you. i get a lot, do you know that herman cain was on the board of nabisco, this is what this book answers a lot of those questions that is aptly named "this is herman cain." it ends with "my journey to the white house." >> exactly. >> well you -- >> make it a dream come true, folks, that's what herman cain wants. >> in the book, i was curious to see if you encountered racism. you did. white and black water fountains. whites in the front of the bus and blacks in the back of the bus. you cannot get your haircut. you have to learn to cut your own hair. you have to leave the town to do that. why aren't you a bitter herman

cain looking for revenge? >> because i'm not angry with america because america has something that a lot of other cotries don't have. the ability to change! that's the greatness of this country. we have always had struggles throughout the -- our short 235-year history. why be bitter? why not embrace the change especially since it's positive? so i don't have a negative attitude about this country because of that. >> one of the great things about the book, the book is terrific. it tells your story is, you know, a lot of people think, oh, he's that guy that ran the pizza place. in the very beginning, you talk about i was not born po, you say. >> i started out poor. which is one level below poor. we had to work up to poor. but the thing about it, we didn't know we were poor because my parents embraced the opportunity to work for what it was that they wanted to achieve. my mother was a maid. my dad was a barber, janitor and chauffeur because his philosophy was, i'll work three jobs until i can live off of two. i'll work two until i can make

it on one. at the same time, he was using one of those checks to work towards his american dream, to buy a whole house. >> and a cadillac. >> that's right. he wanted that cadillac! he wanted that cadillac. you got to have a dream. he got that cadillac. >> the interesting thing is because you're african-american and conservative, you get a lot of questions about whether or not black people would vote for you and last week, you said something that you believe a third of all african-americans were brainwashed. so explain that further and what are you going to do to get african-americans potentially to vote for you? >> first of all, i made the statement that too many black americans are brainwashed, they're brainwashed into not even considering someone who has a conservative label or a republican label. i call that -- they don't even want to hear the solution that you put on the table. i've had some black people approach me in the airport and i would want to pull out my 999 plan and give them a copy. can't take it because i don't agree with your politics.

this isn't politics. this is a solution. what i also said, the good news is many black americans are thinking for themselves. these are the ones that come up to me at the airports, they want to take pictures. they want autographs so i do see it changing. and the specific statement that i said is that i believe that as the republican nominee that i will get a minimum of a third of the black vote. not because i'm black. but because of the solutions i'm putting on the table. and the people who are thinking for themselves and considering these solutions, it transcends whatever ethnic group that you might be a part of. >> and the thing that everyone should keep in mind especially mitt romney, rick perry and governor christie is your lucky number is 45. next president will be the 45th president. >> that's right. >> you write a whole chapter about that. >> you did read the book. >> i was born in 1945. i would be the 45th president and my wife and i will be celebrating our 45th anniversary. how about them apple? >> so his book comes out today, he'll be traveling the country.

if you'd like to know where the book tour is going, go to his web site "this is herman cain." >> yes. thank you so much. it's a pleasure. enjoyed it. >> congratulations on the book. >> and your surge. >> yes. >> chances are you've heard someone say, three people can keep a secret. only if two of them are dead. up next, the sayings from the 1700's are more relevant today, more relevant now than ever before. >> then they're rubber chickens if you're a taxpayer, you paid for them. ford fusion hybrid emerges as the clear fuel economy leader over camry hybrid. kimberly? the fusion hybrid holds a 10 mile per gallon advantage in the city over the toyota camry hybrid.

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>> they're some of the greatest newspaper columns ever written. no matter when they were sent to print, the words influence us today. unfortunately, many of these columns have been lost over the years until now. they're all in a brand new book titled "deadline artists, america's greatest newspaper columns." joining us is the co-editor of that book and the editor in chief of "the daily" jesse angelo. daily is owned by newscorp, same company that owns the fox newschannel. good morning. >> good morning. >> thanks for having me. >> this is a great book. if you love to read columns these days, you'll love to read what people were writing over the last hundred of years here in the united states of america. how hard was it to track these down? google didn't exist when people were inputting this into their newspapers. >> they were incredibly difficult to track down. that's one of the reasons we did the book. we were stunned to discover all the classic american gems, the pieces of writing that people loved, you couldn't find them. you couldn't find them on line, you couldn't find them unless you went to the library and did

hours of research. >> one of the most famous, written by ben franklin, a couple of hundred years ago. he wrote beware of the young doctor and the old barber. >> absolutely. i mean, i don't know about you but sandra oh and patrick dempsey may look great on "grey's anatomy." if i came into the surgery room, they'd say is your father here? as for the old barber, maybe they had one. i don't know. >> what ben franklin wrote about hundreds of years ago is still applicable today. fish and visitors stink in three days. that's true. true. true. >> it's amazing he wrote that in the 1740's when people had houseguests that would stay for months and months and here he was saying please, three days is tops and a lot of people would agree. >> he that lies down with dogs shall rise up with fleas. >> as i see more and more people going down to wall street to join the occupy wall street crowd, i sort of keep thinking about this one. this is the one that everybody's mother told you about, right?

you know, beware of the company that you keep. >> or would this apply to occupy wall street? half wits talk much but say little. >> i wouldn't go that far. maybe i think that -- but that to me applies to a lot of reality television today. i look at the kardashians or the real housewives of new york and i wonder why their 15 minutes keeps going. >> how hard was it to track that -- in the beginning you tell a story about how you guys had to put your heads together and you wanted to find one particular column which was what? >> a column by the man by the name of westbrook paler that two gentlemen told us it was the greatest column they ever read. it was about the death of a boxer in the bronx and it took us months of looking in the library to find this one column and that was one of the inspirations for doing this book. >> i read it and it's terrific and it still holds up. the brand new book is called "deadline artists". thank you very much. job well done. straight ahead, it's video you don't want to miss. a deaf woman hearing her own voice for the very first time. can you imagine?

>> there you go. technically, the device is on. can you tell? that's exciting! >> that is an understatement. the technology that made that moment possible next. then did the bus driver go too far throwing a new mom out on the streets because her baby was crying in the dark? we're reading your e-mails. my name is robin.

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>> there's a big protest going on right now in the number of cities around the country. it's called occupy wall street. hundreds of people have been assembling on wall street in new york every day for more than two weeks now. nobody, though, seems to be particularly sure of what exactly it is that they want. >> we're not going to take it anymore! what do we want? when do we want it? now! what do we want? when do we want it? now. >> at least they're passionate. >> what do we want? we're not really sure. >> it's actually relative true

because as we've been sending reporters down and ask why are you here? rare occasion they can rattle off one, two, three, maybe interviewing the wrong people. >> it's one of the toughest questions, why are you here? >> what does he want? he wants an apology. we're talking about dick cheney who was on one of the sunday chat sho where he said, you know, the bush administration should probably be waiting for an apology. there he is right there. from this administration. they criticized the bush administration for use of enhanced interrogation techniques and stuff like that. they turned around and didn't water board anwar al-awlaki but vaporized him. would there be an apology coming? jay kearny was at the podium yesterday and said this. >> we certainly don't owe an apology for the fact that under this administration's policy, this president's policy, the united states of america does not torture, does not engage in

torture. simply a flat out position of this president it's unacceptable. >> it's unacceptable for the press secretary of the current white house to prove the previous administration for torturing when the justice department allowed for all those interrogation techniques. that's the spokesperson for the administration that tries to prosecute the c.i.a. interrogators for giving the legal right to do so. >> some people who support the president would dis-- even disagree with jay carney because they're upset this administration blows people up without what they believe to be due process. an american citizen talking about al-awlaki last week, some people having a problem with that. is there a difference, let us know? is there a difference, or is this a continuation in the way of which this country needs to fight the war on terror with these types of techniques. >> wait, there's more! instead of an apology, one more shot. >> i think that we have done more in the last couple of years than any time in the last 10

years. >> obviously, the most prominent case was us getting bin laden. >> they have been very successful but who put into play the techniques and the different systems to go get these guys over the last couple of years. >> if you look at gitmo, there's over -- there's about 300 people there, there were a lot more before it was politically palatable. >> i thought they were going to close that. >> they haven't. there were a lot of terrorists that were caught and the technology was pioneered during the bush administration. only had drones. then they said we have an idea, let's put a missile and they've honed that technology. to the president's credit, he continues to improve on the technology and sees it as a great weapon. but we still don't have an answer to this. what if we get a high value from al-qaida tomorrow? we have no idea what we're doing. we capture them. we have no idea who gets to keep him. where they get to go. what questions we can ask them and more than likely, we hand them off to the other country. >> that's why vaporizing seems

to be easier. >> it's easier when you don't have the answer. >> let's ruminate on that for a while and do some of your headlines. hospitals around the country are looking for a missing oregon cyclist who might be suffering from brain cancer. relatives of mark bosworth fear he may have suffered a relapse of the disease that causes dimentia like symptoms. the 54-year-old disappeared september 16th on a seven-day bike tour. >> all right. are intrusive full body patdowns a thing of the past? today, four major airports testing out a new security program. some travelers who voluntarily gave personal information to the federal government ahead of time will find it easier getting through security. the pre-check program is designed to ease complaints about full body patdowns on kids, on the elderly, tsa officials say the program could expand depending on its success. >> meanwhile, country singer hank williams jr. responding to espn pulling his musical intro from its monday night football broadcast last night after mr. williams made some comments on

"fox & friends" yesterday. williams used an analogy to hitler in talking about president obama's relationship with republicans. later in a statement last night, williams explained, he says "my analogy was extreme but it was to make a point. i have always respected the office of the president. every time the media brings up the tea party, it's painted as racist and extremists but there's never a backlash. no outrage to those comparisons." >> the viral video giving new people to deaf people. a 29-year-old woman turning on a new hearing implant and listening to the sound of her own voice and others for the very first time. >> there you go. now technically your device is on. can you tell? that's exciting! >> i don't want to hear myself cry. >> she was born deaf, she's

been wearing hearing aids since she was 2 but says they only partially helped. they learned to speak by reading lips. a special new implant was just approved by the f.d.a. that's made by envoy medical and costs $30,000. an amazing moment right there. >> worth every penny. talk about a foul idea. taxpayers in the city of cicero, illinois, getting plucked to the tune of $1,000 for 250 rubber chickens. they were tossed into the crowd at a parade. a city spokesman said it was a cute idea but taxpayers were not happy with the cute idea. they say that money could have been spent 1,000 better ways. >> did they make the rubber chickens in that town? >> i don't know. >> suddenly i'm hungry. >> crazy idea. honestly. >> yep. >> threw a t-shirt at me. >> take a look at these beautiful images from channel 5's helicopter right here in new york city. >> the sun did come up. >> yes, the sun will come out tomorrow and it came up today and as you can see, there's sun-up in new york city, gorgeous start to this tuesday.

first tuesday in october. meanwhile, let's take a look at what we've got going on rainwise and for the most part, the rain is up in portions of new england. also from the inner mountain region out west to the pacific. we got some rain in southern california and also the wasatch and olympics as well, damp start to the day. if you're looking to your tv screen right now, you can see the eastern half of the united states right now is blue. so temperatures in the 40's and 50's and then you've got green from the plain states out west with temperatures in the 50's and the 60's. right now, down in tampa, we got 67 degrees. later on today, tampa/st. pete should top out near 90. we'll have mid 70's in the mid atlantic. atlanta, georgia, later on today, 78 degrees. it will be 82 in memphis and then here in new york city, with any luck, we should have 63. about the same for the ohio valley and look at rapid city, south dakota, kind of an outlier

today, high temperature of 91 degrees. nice and pleasant in the northern plains. today. >> let's talk a little bit more about a story we brought to you in our first hour of "fox & friends" today. there was a bus driver who apparently had a passenger who was a mom and a screaming baby with that mom. the bus driver was getting irritated by that noise so she actually in the dark stopped the bus and asked the mom and baby to get off and then people kind of protested on the bus and said wow, are you going to let her off in the dark? and she said to those people, well, you can get off, too, if you don't like it. and they all did. >> we were saying it's not bothering us. why is it bothering you? and i spoke up and said to the driver that she's a baby! babies don't work that way. you can't just turn them off. >> so what did the driver tell the dispatcher at the bus company? well, "it wasn't just crying, it was screaming all the way from beaverton and i just finally stopped the bus and said, we need to get the baby to stop

screaming because i can't drive with it screaming." this is out in hillsborough, oregon. we asked you what you thought. and you had plenty of opinions. >> over in idaho, brian says this -- the driver took the correct action. it is unsafe for all the passengers if the driver is distracted by the baby's screaming. the driver must be able to concentrate to do their job. i think drivers should be able to throw off people if they're too tall, too short. that's a great point. >> tracy g says this, i think that was an outrage. what's next? a baby flying on the airplane and the flight attendant opening up the door and throwing the baby and parents off mid flight? the driver should be reprimanded somehow. >> i think the driver is in a little bit of hot water. not only are we talking about it but they wound up with a bunch of complaints to the bus company as well. >> earlier, i said happy anniversary to my husband. 14 years so i'm very happy about that but i'd like to say happy birthday today to a long time viewer, she happens to be the mom of one of my daughter's teachers. judy mckewan, i got it right.

if you're watching, happy birthday. >> all right. meanwhile, straight ahead on this tuesday telecast, if you're looking for work or know somebody who is, don't miss what's coming up next. the top five companies posting help wanted signs this week, get a paper and a pencil. we could help you. >> then a look inside the new department of justice, what makes eric holder's department so very different? our next guest says it's all about race. >> first, the pfizer trivia question of the day -- [ male announcer ] you are a business pro.

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>> got some quick headlines for you on this tuesday morning. you know that aspirin you're taking might actually be helping your heart but it could be hurting your eyesight. senior citizens who take a daily dose of the medicine are now said to be twice as likely to suffer from vision loss. doctors say it's only if you are prone to eye problems anyway. they also say if you need it for your heart, the benefits outweigh the dangers so keep on taking it. and two more members of team bachmann jumping ship. pollster and a senior advisor abandoning her campaign. but she's not quitting. bachmann is campaigning today in iowa, though without those two trusted staffers. all right, gretch, over to you. >> the department of justice is supposed to be color blind and immune to party politics. our next guest says he's been immune to it led by a eric

holder. he blue tew the whistle on the k panther case and he claims they have racial bias. >> we remember that a couple of years ago but i want to start with some breaking news this morning with regard to the program fast and furious. the attorney general eric holder has testified under oath he did not about this until a few weeks back. but now, it's come to light that maybe he did know about it as far back as july of 2010. the statement from the doj, that is, is he may have misunderstood the question. your thoughts? >> look, this problem is getting worse for them. people died, americans died in this problem and you need to understand, this attorney general and this justice department had a serious disconnect with the truth. just like the new black panther case, in fast and furious, they're telling the media, they're telling congress things that don't square with reality. we're seeing this play out in the fast and furious just like we did with the blackanther dismissal. >> so let's go back to the black panther situation.

you decide to come out and tell your side of the story which was what? >> well, that they dismissed the case because there's a hostility to enforcing the law in a race neutral fashion. in the black panther case, the victims were white. the defendants were black and those were the sorts of things many people in the department don't want to enforce. look, one of the amazing things about the black panther dismissal, in the report that was issued on the dismissal, they actually quote e-mails from the head of the election crimes branch at the doj, which i quote in "injust" that did not want to investigate the case on election day because fox news might find out about it. they literally said stop the investigation because fox will get wind it was and so they wanted to shut down the investigation. >> within your book "injustice" you talk about a situation where a teacher was asked to be able to take a pilgrimage to mecca even though she was the only math teacher available to that school and the department of justice supported her on that, too. >> that's right, the civil rights division has become radicalized under eric holder and one of the cases is the case in illinois where they sued a school district to force a school teacher in the middle of

exams to allow her to go to mecca on a three-week pilgrimage. it's unheard of but this department of justice is willing to push the law for a broader agenda. >> in your book, i know that you say that your greatest concern will come in 2012, what is it? >> look, this justice department does not want to clean up the voter roles from dead and ineligible people and the people in the voting section where i used to work that will be enforcing federal law next year actually have obama campaign posters hanging in their offices. i have pictures of it in "injustice". you can see them and so an unbiased, impartial justice department will not be in charge of next year's elections. >> uh-huh. that is your concern. if people want to check out the new book it's called "injustice" as we've been discussing here, exposing the racial agenda of the obama justice department. you were there and now you're doing what? >> i'm practicing law. having fun. talking to you. >> ok. great to see you today. >> great to see you. >> next on the run down, cheryl

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>> the winner jackie brooks in athens, georgia. congratulations to both. >> it's rough out there, you know that so "fox & friends" wants to help america get back to work big time. so that's why each week, we're bringing you the top companies

that are hiring people. cheryl casone from the fox business network and joins us right here on the big couch. what have you discovered, cheryl? first off, you he -- >> i discovered bugs! terminex has been in business since 1927 and they actually got the first patent for pesticides. so if you've got bugs, a lot of people have bugs, they are actually hiring right now. they need pest control technicians as you can see as well as salespeople and they also, i have to say, they're one of these companies that the product was really well known. people that work for terminix say the product works well, it's a brand name and that helps, of course, when you go and they have so many calls a year. >> sales people and pest control technicians. let's move on to great clips. this is a hair cutting place. salons nationwide. >> the thing about a recessionproof business is great clips. you need a cheap haircut, you go to great clips.

they're looking for franchise owners right now, it costs to open up a franchise $100,000 to $200,000. you can be a manager and also cut hair and the range depends on what you do. maybe you can make $27,000 to $50,000 a year to cut hair. or you can just own it and they've a lot of people that have been corporate downsized come in and open up great clips franchises. >> and franchise between $100,000 and $200,000. >> if you can get the loan, you got to get the loan with this one and that's with any small business so, you know, call the sba. >> rent a car, there's a lot out there. enterprise is hiring. they're the top hirer of college graduates. >> the management training program, they put a lot of their personal capital into getting these college graduates going and so they've got a lot of -- there's sales, customer service jobs as well. but they do have usually mid to upper 30's, you can usually make. and then beyond in the management training program. but they get really high ranks

for treating college grads really well and they also own -- they also own alamo and they also own hertz so enterprise is actually enterprise holdings. >> gotcha. they promote entirely from within. that gives you hope if you join. airmark, they are a huge company. they have 250,000, 255,000 employees nationwide. what are they looking for? >> 22 countries. they do a lot of different things. they make uniforms for hotel workers. they're in baseball stadiums across the country. right now, they have a lot of managers but they also need restaurant, food services, hospitality, hotel workers so the food industry. that's a good thing if you think about it. if the travel industry is doing better, a company like aramark is doing better. they have a new green cleaning service. they're hiring for that as well. >> bridgestone, tires. they need a bunch of people. >> they're based in tokyo. you know the name. the salary range is $28,000 to $40,000. it helps if you know your way around a car, you can change a tire. that's certainly going to help you. but they also need people that

can do sales, retail sales, installation, maintenance, repair and this is -- what i think is interesting about this company is that tires are something that everybody has to replace. and so when you look at a lot of these companies that are hiring, it's crucial services that america needs right now and bridgestone is one of those examples. >> coming up at noon on the fox business network, are you ready for it? >> yeah, ready for another busy market day. unfortunately it will be going the wrong way. we'll cover it. >> thanks so much. and all these job openings will be posted on foxandfriends.com. >> yes and foxnews.com as well. >> all right, thank you. see you soon, cheryl. coming up next at the top of the hour, what do the protesters on wall street have in common with president obama? it's a riddle. laura ingraham here to solve that riddle. she joins us in three. then solyndra's ultimate failure sent half a billion taxpayer dollars down the drain, why is the president still standing behind the deal? two seconds to spare. [ female announcer ] once you taste

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yes, you can actually love yesterday doesn't win. big doesn't win. titles corner offices don't win. what wins? original wins. fresh wins. smart wins. the world's most dynamic companies know what wins in business today. maybe that's why so many choose to work with us. we're grant thornton. audit. tax. advisory. >> gretchen: hey. top of the morning. it's tuesday, october 4.

i'm gretchen carlson. she's free, on her way back home. amanda knox headed back to the u.s. this morning after being acquitted of murder in italy. the victim's family not ready to give up. we are live from italy. >> steve: remember when chris christie said this about president obama? >> still we continue to wait and hope that our president will finally stop being a bystander in the oval office. >> steve: that presidential bystander the governor is talking about no jumping into the action to respond. what president obama said coming up. >> brian: and the occupied wall street protests, they are growing. what are they protesting? we asked. >> it seems like this is the first time where i have faith in the human race. >> brian: okay. so this is a legitimate movement or a temporary temper tantrum? laura ingraham here to weigh in with her temper in check. "fox & friends" starts right now

>> gretchen: good morning, everyone. >> brian: you wear it out. >> steve: we need more aryo vac. >> gretchen: good thing we're going to a reporter whose microphone i hope is working. amanda knox breaking her silence for the first time since she was released from jail in a letter of thanks to the group who campaigned for her release. knox wrote, i am forever grateful for their caring hospitality and courageous efforts. those who wrote to me, defended me, who stayed close to me, who prayed for me, we are forever grateful. i love you. amanda. knox and her family flew from rome to london where they now wait to board a plane back to seattle. greg burke is live for us in italy. wow. compelling note there and compelling last 24 hours for

this family. >> yeah, no doubt about it. there has really been an emotional roller coaster for them and in a matter of hours, they're expected to be back home in seattle where amanda spent four-year in jail. last night, there was lots of celebration, tears of joy for amanda and her family, also her supporters in the united states. while it was unlikely she was going to get that life sentence that the prosecution was asking for, she certainly did risk spending more time in jail, jail that certainly had to traumatize her. we saw her before the verdict was read, she was so nervous and collapsing in joy and exhaustion afterward. it's been a different story for the kercher family. telling journalists this morning they feel like they're back to square one. they said they are convinced the three people were involved.

her sister saying the biggest disappointment is not knowing what happened to their sister. finally, this is a case which has had so much media attention, especially in the united states and in great britain, also here in italy, of course. the italian reaction has been mixed, but there was a lot of negative reaction last night when amanda and her co-defendant were released and even today the prime minister, british prime minister, david cameron, saying what's important is that the kerchers be remembered, the family for the pain they're going through. the parents used to know, they had an explanation for what happened to their daughter. they no longer have that. guys? >> gretchen: greg burke live for us in italy, thanks very much for following the case. now other headlines for tuesday, he's accused of trying to blow up a plane with a bomb in his underwear. the case of abdulmutallab. the trial is expected to last three days. he is accused of trying to bring down that northwest airlines

flight with a bomb in his underwear on christmas day 2009. abdulmutallab will be acting as his own attorney. two of dr. conrad murray's girlfriends are expected to take the stand at his manslaughter trial. the women say he was on the phone with them as michael jackson lay dying. this comes after e.r. doctors testified murray couldn't recall any details. >> at what time that was that he found the patient not breathing? >> no. he was not able to tell me. i asked him from the time that he found the patient was down, what was the time that ems, or the 911 was called and he couldn't remember that either. he said he did not have any concept of time. he did not have a watch. >> gretchen: the doctors also say murray didn't tell them that he gave jackson propothol. murray insists he is not guilty. it's a special election day in west virginia, a race for

governor seen as a referendum on president obama. acting governor, the democrat, with a lead over republican businessman bill maloney. the gop hoping to win their third special election in three weeks. the winner will replace joe manchin because he won a seat in the senate by running an anti-obama campaign ad showing him shooting a hole in the president's cap and trade policy. out with the old and in with the new. the stars of the "footloose" remake hitting the carpet for the premiere. leading lady, julian huff assured them they won't be disappointed. >> we didn't leave any of the fun things out. i think the people will see those and go yea.

the new things are, they're going to understand and relate to the characters more for this generation. >> all the original fans, i promise, will be satisfied, promise. >> gretchen: the new one opens nationwide october 14. >> brian: you know what i say? any movie with dancing, i'm there. >> steve: i here you. >> brian: any time you can break into dance. >> steve: laura ingraham joins us right now as she does every week. she's the author of that hit best seller "of thee i zing." good morning to you. >> one of the things i wrote about was all these remakes of classic movies like "footloose." kilmeade, look, you love to zing because when kevin bacon first came on the scene in 1983 when they talked about this movie coming out, i know you were down to the wire with five of you and bacon got the role. i know you're still a little bitter about that. >> brian: you don't just shake these things off. you think about it every day about what could have been. i could have married an actress, lived in connecticut and got

rich off bernie madoff. didn't happen though. >> steve: let's talk about wide ranging interview the president of the united states had with abc. extraordinarily, the president says that americans are not better off today than they were four years ago and they've also got a brand-new poll out that says 55% of americans think this guy is going to be a one-termer. >> wasn't it odd to see the president say, well, yes, i am the underdog. it's kind of the way all of us as americans feel, right, that america, the great super power, is now in a period of decline. we don't really see any light at the end of the tunnel. so he voices what all of us kind of now feel about america's great power. we're worried about it diminishing. he basically just states what the rest of us feel. >> gretchen: i thought the opposite way. >> you thought it was going to help him? >> gretchen: yeah. my grandfather used to say, everyone loves the underdog. i remember him saying that. >> brian: i used to love underdog. >> gretchen: i used to love the actual cartoon. >> there is an exception to

every rule. >> gretchen: i wond for that's part of the strategy. >> well, maybe. i see some wisdom in that, but in the end, i think we don't want to hear the president talk about malasie. we want to hear about america is on a comeback, it will be america again. our country is on the rise, it's not going to be on the decline and here is how i'm going to turn it around. this whole i'm an underdog, i think it's depressing and i don't think it will help him. i understand what they were trying to do, i think it's a bat strategy. >> brian: the president of the united states was asked about governor christie who went to the reagan library and gave a speech answeringly saying the president has to start leading and compromising and getting republicans and democrats together like he did in new jersey. and president obama answered that directly. let's hear if you're satisfied with his answer. >> i'm not sure that folks in new jersey necessarily would agree with that, but here is the proper point. i don't think that the american

people would dispute that at every step of the way, i have done everything i can to try to get the republican party to work with me to deal with what is the biggest crisis of our lifetimes, and each time all we've gotten from them is no. i think -- you're not going to get too much dispute about that. >> well, i'll dispute it. let me just raise my hand there. look, in the first two years, we all know what happened. the president rammed through the auto bailout, healthcare and the stimulus with virtually no republican support and a lot of republican criticism. i don't think there was a lot of clamoring for bipartisanship. he had an agenda and that's what he banked his presidency on and he tried it. and i think most people think maybe it was a good effort, but it didn't work. and he might be the nicest guy ever, but this stuff isn't working out. so the president doesn't have a lot of strategies left, guys. he has check box politic, dividing people along racial,

ethnic, sexual orientation lines and trying to stoic fears, then he has the republicans or obstructionist. i think a lot of people wish the republicans had been better at obstructing things like the stimulus and health care. >> gretchen: eric cantor is responding, the congressman, republican from virginia responding to the president about the jobs bill. it seems as if the president is in full campaign mode. the president continues to say pass my bill in its entirety. as i've said from the outset, this all or nothing approach is just not acceptable. the amazing thing to me, laura, is when the president talks about the fact that the republicans just keep saying no, no, no, the party of no. the interesting thing is that there are democrats who are against this jobs bill as well and we have a full screen where we can show the list of democrats. here is some of them who are against his jobs bill. by the way, nobody has even co-sponsored the thing to get it rolling in the house. >> yeah. i mean, look, the president has -- as you pointed out, not

just a rocky road in the house, but the democrats in the senate have said this is a no go. and just in eric cantor's favor, cantor came out i think the day after the president's jobs speech and said, look, there are things in this that we pretty much are going to be able to support. he made a real effort in the beginning to say, look, obviously not all of it. tax increase, we're not going to go for. but there are nuggets in this that we'll be able to work with. that was smart because i think that took away the charge of you don't do anything with us. you won't work with us. he said pretty much right off the bat, we will work with you on these items. >> brian: when the president said i want my jobs bill back exactly like i handed it to you, where is the compromise in that? and the stimulus package was rammed through and one of his quotes was, i won, i'm the president. when asked are we going to get any input in this. so that doesn't really seem as though upon further review, he was looking to compromise every step of the way. >> yeah. this clearly is just a campaign move.

he thought it was going to help him on the campaign trail. the president can't have ever believed that even the democrats would have accepted the bill in its entirety because a lot of the democrats are unhappy about some of the tax credits he's offering a in it. look, it was unrealistic and i think it's fairly obvious to everyone who has even a modest interest in american politics what's going on here. >> steve: the great laura ingraham, her radio show starts in about 46 minutes all across the country. we thank you for joining us live. >> thanks. >> steve: have a great day. >> gretchen: coming up, a woman who did the unthinkable when a big black bear apacked her dog, she hit back and lived to tell the story. >> brian: the loan to solyndra probably wasn't the best bet, but it wasn't the only bet the white house made with your money. congress darryl issa next on that [ male announcer ] drinking a smoothie with no vegetable nutrition?

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>> brian: solyndra went from bankrupt, bail out to bankruptcy in a matter of months. now with questions regarding the company's collapse growing, the president says it was just a bad bet. >> hindsight is always 20/20. it went through the regular review process and people thought it was a good bet. but the fact is if we don't get behind clean energy, advanced battery manufacturing, if we're not the ones creating the cars of the future, then we're not gointo be able to make stuff here in the united stes of america. >> brian: you're betting with our money! is this enough to explain the downfall of the company on our $535 million dime? congressman darryl issa, chairman of the house government and oversight committee has been at the forefront of this investigation. does that answer suffice for you? >> no. certainly not.

first of all, the law doesn't allow us to bet. the law allows us to make a guarantee on a business plan that makes sense in an emerging area. more importantly, the law specifically, and the president glosses over this -- prohibits sub ordination of the loan. when they made a bad bet and then it was going worse and they doubled down with another 75 million, they did so in violation of the law. it was so important that they would make any concession even one that put the american people behind other creditors. >> brian: e-mails have come to light and some of which have warned the president directly with donors, don't get behind this, mr. president. this could be embarrassing. this company is not doing well! what does that mean to your investigation? >> again, it means that this kind of recklessness and this bet is a given. what we're following, and remember, energy -- cliff sterns has been doing a good job in front and held a lot more hearings and working on this daily, but what we're looking at

is we're looking how the process allowed a violation of the law when it came to the sub ordination of the debt. under speaker john boehner, each committee has oversight and investigation, so my team is more than ever before, trying to support the other committees 'cause we are trying to do the right thing as congress, which is after we authorized the money, find out if it was spent right. >> brian: fast and furious, we knew, the attorney general made it clear, he knew nothing about this program. he was just learning about it as we were learning about it! what do we know now about what the attorney general knew? >> it appears as though what he reads in the newspaper two weeks after, which is what his answer was when we specifically asked him at a hearing, he wanted to say, well, i only knew the scope of it at that time. well, the amazing thing is, in those articles, justice, at that time, two weeks earlier, was denying the scope that we naumov greater and greater of this, so the problem he has is he wants us to believe that he came to a

hearing, having read about some terrible allegations, only having just learned of it and not asking any additional questions, at least the ones that were in his weekly briefing that if he had read his weekly briefings, he would have known what he now says he didn't know. of course, what you heard is the usual problem when somebody has probably perjured themselves, it's, i didn't understand, rather than, i lied. >> brian: but there are new documents that show that holder was briefed in 2010 when he told us he didn't know. so this is getting even messier. >> of course it is. >> brian: and by the way, the attorney general is not telling the truth, i don't know how he stays in his job. the future of the post office. we heard about saturdays being cut down. what can you tell us about the future of the post office? what do they need to do to stay solvent? >> first thing i like everyone to do is goo savingthepost office.com and be aware you can participate in seeing what changes need to be made in order for a $65 billion industry

that's losing $10 billion to become a $65 billion industry that's making money. it's not that hard. their expenses have been rising, 80% of which are labor because they won't get their labor right side in a changing world in which they have less business so on. post office is completely saveable. the difference between us and greece is greece is willing to retire people that are 70 years old. the post office has no plan to actually get people to retire. >> brian: congressman, thank you for your time. we have a huge agenda. thanks. coming up straight ahead, you don't want to miss this. herman cain dishing out some advice for the gop competitors right here on "fox & friends." plus another big announcement from apple coming our way. this one is so secretive, i have to whisper it here's one story. [ regis ] we love to play tennis. as a matter of fact it was joy who taught me how to play tennis.

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>> steve: speaking of power in your palm, about 1:00 o'clock eastern time today, apple's new and improved iphone will finally be unveiled to the public and clayton morris is live at apple headquarters in california with the latest details. is there a possibility that this new iphone 5 could be all about artificial intelligence? >> interesting you bring that up. we think about smart phones, we think about they're probably smart enough. but word is this morning that your smart phone is about to get smarter. iphone assistance. rumors and speculation is exactly what it will do. they purchased a company not too long ago and imagine this, being able to on a friday night, you're bored, sitting at home, you pick up your iphone and you say, what is there to do with my kids tonight? not only will it find you local

reservations, it will find you restaurant information, movie times, and do all of it and you won't have to type anything and we could see baked into the new phone. >> steve: what if my question is, why won't my kids talk to me? they're on their iphones? >> let me get on my magic 8 ball. why won't steve's kids talk to him? come back later. >> gretchen: hi, clayton. it's gretchen. i have a question about the influence of steve jobs, this will be his last thing ostensibly because he stepped down from apple. how much influence obviously did he have on this iphone 4? >> absolutely a lot. i think you'll see a lot of influence from steve jobs from years to come here. this will be tim cook's first appearance as ceo in front of this audience here, in this theater a few hours from now. tim cook has been running this company basically for a number of years. he's the numbers guy. he's the guy who on an airplane flight with a number of other apple employees while they're

all asleep, he's up crunching spreadsheets and numbers. he knows everything in the ins and outs of this company. it's the legacy, it's the magic of steve jobs that we'll see here today, this one last thing from steve on this stage this morning. >> steve: you know, a couple months ago, i asked you, because one of my college kids needed a new phone and i said should she wait for the new iphone 5? i know we know very limited things about it, but is it worth the wait? >> absolutely. i think it is. there is a study out just this week that showed that 46% of current iphone owners will upgrade to this brand-new iphone. we think it will be called the iphone 4 s. 8 meg go pixel camera, improved software capabilities. it's really the software that's under the hood that will be the reason everyone wants to upgrade to this phone. you better get in line, 'cause they'll probably go on sale this morning. you'll probably be able to do preorders this morning. >> gretchen: i know you'll snatch one for yourself. i always depend on you. >> security is not looking.

>> gretchen: thanks so much for getting up bright and early. see you when you get back home. >> sure. >> steve: straight ahead, one thing congress can agree on, nearly no one wants to put their name on the jobs bill. but the president is hitting the road to sell it anyway. we are live at the white house next. >> gretchen: what makes kfc so finger licking good? celebrity chef is here with the recipe the colonel doesn't want to us hear. is he going to tell us how to actually make it? >> steve: hope so there's only one bottle left ! i've got to tell susie ! the vending machine on elm is almost empty. i'm on it, boss. new pony sorry ! we are open for business. let's reroute greg to fresno. growing businesses use machine-to-machine technology

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>> check this out. gary nell, the former head of sees me street has been named the new head of npr. when you left sesame street, he was like, that's one, two, two-week notice, ha, ha, ha. >> steve: funny stuff. >> brian: i guess so. president obama heading to texas today to raise some cash and pitch his highly tout the jobs bill. wendell goler is live at the white house with details. >> the president said it to a community college in mesquite, texas to showcase the portion of his american jobs act that would spend $30 billion to save the jobs of more than a quarter million teachers and allow local

districts to rehire tens of thousands more and another 30 billion to rebuild the local schools and community colleges to put out of work construction workers back on the job. the education component, less than 15% of a $450 billion plan that republicans see as more of a political statement than a practical plan. eric cantor told reporters yesterday, quote, it seems as if the president is in full campaign mode. the president continues to say pass my bill in its entirety, as i've said from the outset, this all or nothing approach is just not acceptable. mr. obama told abc news yesterday, cantor and other republicans need to say exactly what parts of the bill they will support and what parts they won't. he said he considers himself an underdog in the 2012 race and was frank about the line ronald reagan asked in 1980, are you better off now than you were four years ago? >> i don't think they're better off than they were four years ago. they're not better off than they

were before lehman's collapse, before the financial crisis, before this extraordinary recession that we're going through. i think that what we've seen is that we've been able to make steady progress to stabilize the economy. but the unemployment rate is still way too high. >> abc news "washington post" poll indicates 55% of the respondents think mr. obama will be a one-term president. to counter that, he and his aides want to broaden the 2012 debates beyond jobs to what he called a vision for the future that will help ordinary americans recapture the american dream. guy, back to you. >> gretchen: wendell goler, thank you so much. let's talk a little bit about what's going on at wall street right now. that group, occupy wall street, they've been staging these protests in about six or seven cities across the country. but why are they actually there? we know that they're gathering in front of banking institutions. some of them are against

capitalism. we sent out ainsley earhart to talk with them to see why they're there. >> why are you out here? >> because this is where the enemy is. the enemy of the working and poor people. this is really where the power comes out of. not d.c that's all the politicians, they're puppets. >> why are you out here? >> not quite sure, but it just seems like this is the first time where i have faith in the human race. >> everybody seems pretty unhappy right now. yeah. >> no one really knows why they're here. >> you don't need to know why you're unhappy sometimes. you can still feel unhappy. >> steve: why is it there is always one guy with a guitar someplace? wherever you go, airport, dorm rooms? >> brian: because someone is always tossing you out of the house and saying, stop playing the damn guitar and you play in the street. >> steve: how many of those people called in from work or you think they may not have jobs? >> brian: i think it's a mixture of both. i'm stunned by the last question. you don't need to know why you're unhappy. you can just be unhappy.

i always thought there had to be a reason why you're unhappy. >> gretchen: yesterday one of the women was asked if one of the banking executives came down and offered you a job, would you take it and she said no. so that may be the answer on the job. let's do other headlines because there is a rising star on the gop presidential race and his name is herman cain. a new abc "washington post" poll shows cain 9 points behind mitt romney and ties him with rick perry for second place. earlier on "fox & friends," cain had this to say about both of them. >> the debates are not as easy as some people might think. and i think that he probably underestimated just how prepared you need to be for those debates. governor romney has been saying he would want to repeal obamacare. that's great statement. but he's not going to be able to shake that ankle bracelet that i call it, of romneycare. it's going to continue to haunt him. >> gretchen: mr. cain says he's surging despite being low on campaign funds. brian? >> brian: couple recounting their horrific run in with a

black bear in their own home. he made its way inside and it was on a rampage, chasing after the family dog. that's when it attacked them. >> i dove on to the bear and that's when the bear started tearing the back of my head up. >> i saw him being attacked right here in our living room floor and i tried to distract the bear. i don't know that i jumped on him or whatever, but whatever i did was enough to make the bear turn and jump on me. >> brian: the bear eventually ran off. richard had to get 70 staples in his head. his wife suffered a cracked vertebrae. >> gretchen: wow. >> brian: not good news for the dog. >> gretchen: more than 50 medal of honor recipients gathered to celebrate 150 years of the congressional medal of honor society. the group also used the patriot award dinners to recognize four leading american force their accomplishments and dedication to ideals of the congressional medal of honor award. you had trace adkins honored for

excellence in entertainment. ted bassette honored for citizenship. and senate minority leader senator mitch mcconnell received a patriot award. fox news chair roger ales received the group for excellence in journalism. the group singled out his combat on journalism and unbiased news coverage in peace and war. if you would like to donate to the organization, head to cmohs.org. >> brian: there is few people on the planet more patriotic than roger ale. meanwhile, steve doocy is outside with an important guest. steve? >> steve: he has been hacking famous secret recipes for years. but now todd will during has a new show on cmt that allows him to head to a brand corporate headquarters to see how close he can come to uncovering some of america's most favorite secret

recipes, like the colonel's original fried chicken. for us, kentucky. >> the secret recipe kept somewhere in the building? >> we have really tight security. we're actually -- i'll do a special favor. i'll show you where we keep it in the vault. >> it's back here? >> yeah. >> this is our director of security and this is our vault. >> can i see if i can open it? >> steve: that's so cool! unioning us right now with his version of the recipe is the host of "top secret recipe," mr. todd wilbur. round of applause! he's not only here, he's got his truck and you take it all over. >> kentucky, atlanta atlanta for sin bonn, back to kentucky for dipping dots. >> steve: what you did, they taunted you, they showed you the vault with the secret recipe inside. >> inside the vault is another vault. there is a tiny safe inside the

safe. >> steve: so you have figured out what you think is the secret recipe. >> yes. we got information in various ways using certain techniques. i might go undercover. i'll interview people who knew sanders and get information and put it all together. >> steve: what did they tell you? >> they told us stuff that no one has ever found out before about this recipe. you're seeing something that no one has ever shown you on tv. >> steve: todd, tell us what's in it. >> 11 herbs and spices, right? there are some other stuff in there as well. sugar, to make the chicken brown. that's part of it. msg to give it flavor. amino salt. >> steve: that's going in the flour? >> the rest is 11 herbs and spices. cherry pepper, that's a high -- >> steve: i never heard of it. >> it's black pepper, but a special black pepper. salt. ginger and white pepper go in there. okay? a little paprika. >> steve: that colonel, he was tricky. >> cayenne pepper go in there. some garlic pepper, onion

powder, in. then your green stuff, your herbs. you got sage and savory. >> steve: he knows what he's doing. he put together a couple of books. >> i've been doing this a long time. that's your breading. that's it. the other secret is to brine your chicken. do it for two hours. it gives it flavor. keeps it moist. this is brined chicken. go into your millioning and egg and then into this. and that's it. let it sit for a little while so it sticks. they use a pressure fryer, so just use a regular deep fryer. >> steve: it smells so good. >> for 18 to 20 minutes. it comes out, one of these is the real thing and one of these is not. give it a taste. >> steve: my dad always used to buy this on payday.

that tastes like kentucky fried chicken. >> oh, you got a flavor bonus. the skin with all the breading. good stuff. >> steve: i can't tell the difference. they're identical. >> that's what we try to do. a few days on the show and bring that to some judges and see if i can pass the taste test. >> steve: so this new show starts this friday on tmt. >> yes, cmt, 9:00 o'clock, 8:00 o'clock central. first one. >> steve: very nice. who wants chicken? >> i do! >> brian: between the recipes and the iphone, we've had a lot of secrets today. >> gretchen: we have. definitely. and more to come. the supreme court may take up the constitutionality of obamacare. so should justices kagan and thomas get benched because of their connection to the case? peter johnson, jr. explains next. >> brian: then when it came time for the final field goal, this football coach called on a girl to settle the score. the homecoming queen who nailed

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>> gretchen: welcome back. the supreme court back in session this week, potentially on that docket, the constitutionality of president obama's healthcare law. now many groups are calling for justices kagan and thomas to recuse themselves from deliberations because of personal connections to the issue. so is that a good idea or just politically motivated? fox news legal analyst peter johnson, jr. is here to explain. >> the supreme court may be the last branch of government that everybody really trusts and so some folks are saying that justice thomas should recuse himself based on his wife's political activities against obamacare. and other people are saying justice kagan should recuse herself based on the fact she was the solicitor general of the united states and attended a

discussion of the florida healthcare, obamacare lawsuit. and so they're saying on that basis, they should both be recused. they should step out of the case. the truth is that supreme court justices above all in this country, are not subject to the same laws that federal judges are. >> gretchen: in what way? >> in the sense that the uniform judicial code doesn't apply to them. so they decide on their own whether or not they sit on a case. >> gretchen: so in this case, let's just say that justice thomas says, you know, i think i will recuse myself. i have no idea what to do. i'm speculating. it could change the whole course of this case because ostensibly you would think kagan will vote to keep obamacare. >> political hard ball is on this issue. i looked at the thomas issues. to say that mrs. thomas does not

have the right to lobby, does not have the right to earn a living as an activist in this country, whatever her viewpoints are and that justice thomas would somehow be peoplized for it, i find that to be wrong. i also find it wrong if we accept justice kagan's statement, and i think we should at face value -- where she said yes, i attended a discussion where this was briefly mentioned. but i never participated in any strategy sessions with regard to defending obamacare. i think that in order to preserve the integrity of the united states supreme court, we need to rely on the justices who have been confirmed by the united states senate after being selected by the president of the united states. so if we begin to politicize the supreme court in the same way that we do our election process for executives and legislators, i think it's a slippery slope. if there is some smoking gun that either of them have an interest or prejudice or a bias or true financial interest, then of course they should step out.

but there has been no proof. >> gretchen: what's your guess? >> my guess is they both stay in. that's what american history has shown. even when people are challenged at the u.s. supreme court, most of the time they stand in there and cast their vote. history will decide whether it was the right thing or not. >> gretchen: all right. peter johnson, jr. as always, thanks so much. >> good to see you. >> gretchen: when we come back, she's here. the homecoming queen who also kicked the game winning field goal. you go, girl. first, let's check in with bill hemmer for what's on at the top of the hour. could you do that? could you be homecoming king and kick the field goal? >> i think that's better than sitting on the float in the parade. that's a big day. how are you doing? >> gretchen: fine. >> we have new polling numbers from a critical battleground state that will get a lot of attention. are you better off than you were four years ago? the president says you are not. we will debate that with bob and andrea. what will amanda knox do when she arrives state side? she's on board a flight at the moment. do all these e-mails surrounding

solyndra tell a different story? martha and i will be here in about 11 minutes. see you then

>> steve: welcome back. she's not your average homecoming queen. this high school senior traded in her crown for a helmet a >> brian: with time ticking away in the fourth quarter, she nails a 31-yard field goal to knock off the number seven team in the state. >> gretchen: the new homecoming queen, and the first female to play on their varsity football team, brianna joins us now. look at that glowing smile. how proud are you of yourself? >> i'm more proud of my team as opposed to myself because they played an amazing game. >> steve: that's great. now, i understand that at half time, you got a note to come out of the locker room.

you had been playing with the team, then you get this note, come out. and what happened? >> i was in the locker room and i didn't realize i had to walk across the field at half time. then our quarterback also had to walk across the field. so we both got pulled out at half time and then i had to walk across the field and my parents and my brother and go through the whole pictures and all that ceremony thing. and then at the end of that, i got actually crowned queen. so i had to take pictures and went back to the locker room to be back with the team. >> brian: a complete day. now how did you decide that okay, i'm going to give this kicking thing a shot? >> it was actually my high school soccer coach that suggested it. he thought that i had the right swing for it and that i should just give it a shot and i decided why not? so i talked to the coach and he said that i could try it. >> brian: any resistance? >> not really. >> gretchen: how has the guys on the team reacted to you? i assume well when you kick winning field goals. but in general, what has been

their response from the guy teammates? >> they're always so nice. even when i miss kicks, they don't care. it's like, i come off the field and they say i can get the next one and they're really supportive the whole entire time. >> steve: yeah. i understand with five minutes, 34 seconds left in the third quarter, your coach called you over and said, okay. you got to do this. what was it, 31-yarder that you had to accomplish? >> yeah. 31 yards from the last hash. >> gretchen: something happened. didn't something happen with the peon who was going to hold and tee up the ball for you? >> it was actually a snapper. he had been pulled off the field. normally he's out on the field, but he was getting a break, getting water and he wasn't aware we were doing a field goal. so nobody knew where he was. because the water is like off to the side. so he was over there. nobody could find him. and then we called a time out and he got on the field and then everything was all good. >> brian: do you think that you'll look to kick in college? >> probly not. i just want to go to western

michigan university, just to go there for school. >> steve: out of curiousity, what do you want to be when you grow up? >> i want to go into business advertising. >> steve: you present yourself very well. i'm sure you will do very well. >> gretchen: also you haven't given up on soccer, right? this is your fall sport. football and becoming homecoming spring. are you still going to play soccer? >> yeah, the high school season starts in mid march. >> brian: you can do both. in the east you can. it's very tough. good job. congratulations. >> thank you. >> gretchen: that's what you call multi tasking. >> brian: soccer player, football player, homecoming queen. >> steve: come out of the locker room. we got something for you to do. look at that. grace under pressure. like our show, which goes on live from new york in two minutes [ coughing ]

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>> gretchen: coming up tomorrow, mr. october, because it is october, reggie jackson and we're in baseball playoffs. it's fitting to have him. >> steve: plus, mr. money, donald trump is going to be joining us. he's out with a new book. speaking of books, you know the guy who wrote "moneyball." no one called "boomerang." >> brian: we're talking about michael lewis whose second to last book was a movie. we'll see if this is, too. this looks at a third world and how it's coming back to haunt us. >> steve: you got to be upstairs, up in the teams of our sky scraper, who will be on your show? >> herman cain at 9:06. but gretchen carlson at 9:34. >> steve: both in the same show? >> brian: amazing! >> gretchen: thank you very much for the props, brian. if you want to catch our after the show show, log on to www.foxandfriends.com. that's where you find it. right now in four seconds. have a fantastic day. bill: all right, thank you guys. fox news alert, good morning, everybody, we're stirring it up again,