by 40 presters and two lohans. [laughter] bill: done before hasn't it. may happen again. >> i saw a map where they are occupy wall street folks. food tent here. legal center is over here on the left. get your lawyer right there at legal center. bill: we've got to run. full debate coverage. we'll give you post-game. >> thanks everybody. we'll see you then. jenna: hi, everybody, we're glad you're with us. i'm jenna lee. jon: i'm jon scott. we're here in the fox newsroom with "happening now.". gun running scandal and botched government sting that sent weapons into mexico and some weapons fell into the hands of the gun cartel. jenna: charles grassley is speaking exactly where the program went wrong. this is a man at the center of it all, attorney general eric holder, is wrapping up

his very own live event. jon: our own doug mackel say is live for us in washington. bring us up to it, doug. >> reporter: we heard from senator chuck grassley since the justice department fired back. grassley the ranking member of the senate judiciary committee after the justice department again fired back whether a third gun was found at the scene of border patrol agent brian terry's murder. the doj insists there was no such gun. here is what grassley had to say a few hours ago. excuse me. we'll get that for you a little bit later on. but this the meantime, grassley has said all along what he most wants to do is get answers for the slain border patrol agent, grassley wants to know, quote, who approved a stupid program and make sure it never happens again. back to you. jon: there is also word from an attorney, i understand, who represents an atf official, alcohol tobacco and firearms. what is all that about?

>> reporter: that's right. the attorney paul approximately lit tear who represents the agent. who says there is nothing illegal about what the atf did. >> the strategy part of atf policy and strategy for a long time. that is not unusual strategy. it is a typical strategy. it does not involve allowing guns to walk. >> reporter: if that is indeed the case, senator grassley wonders why it took so long for the justice department to release information literally months after a whistle-blower shed light on the "fast & furious" program. grassley says the justice department stonewalled the investigation and denied him access to documents and key personnel. we're also expecting as we heard remarks from attorney general eric holder this morning. we'll bring those to you as soon as possible. back to you. jon: that is a very strange case and it seems like there are a lot of shoes yet to drop. doug mckelvey? >> thanks. jenna: fox news alert. just moments from now we're

expecting to see gilead shalif arrive home. he is back on israeli soil after five years in captivity. the 25-year-old soldier exchanged for hundreds of palestinian prisoners in. i believe to the left is that the live shot we have? that is the live shot outside of his home. reena nine anyone in gaza. we have fox news coverage. leland vittert is at the home of shalif and his family. leland? >> reporter: good morning. he is just moments away. police motorcycles coming up into the driveway for gilead shalif's home. he appears to be just about a minute or two away from his house. remember he was in captivity now for five years. his parents were there for two years camping out waiting in order to try and get him back out. the go ahead take a look.

these are the motorcycles from the motor qaed coming up. this is an amazing moment in israel. 7 1/2 million people in this country, many of them, including people you see now they feel like they're watching their son coming home after he was kidnapped by hamas and then held inside the gaza strip for five years. the israelis have done everything to roll out a hero's welcome for this young man. he is here now. the car is coming through. we have one car right here. he is coming home with at least his father. we don't know who else will be with him. earlier owe saw prime minister netanyahu and also the defense minister at an air force base he was flown into. gilead shalif was kidnapped at 19 years old. he was a soldier inside a tank. hamas gunmen crossed the border and that is where they got him. they then held him in captivity for five years incommunicado. this man has been inside a hamas bunker inside the gaza

strip for some five years. he is now for the first time coming home. this is a truly amazing moment in israeli history. you see this major motorcade that is now coming up. all the israeli flags. people here are overwhelmed with emotion by this. it has been an entire five-year campaign to bring him home. they say whatever the cost to bring home an israeli soldier alive, you hear the cheers begin now. it looks like this is the car with him in. you see a number about of flowers and roses thrown onto the car with this young man. the van, that was after a helicopter ride in. he is heading up the road to his home with his parents. we're told as he heads up here he has something to look forward to. a home-cooked meal with his mother. we're told he is eating pasta and soup. this is an amazing moment. he looks like he will be out of his car in just a minute. i can tell you the emotion here is pretty spectacular. you can see everybody now walking up, throwing roses chanting.

we have a big i can if picture of prime minister netanyahu people have brought out this has been a nationwide cause to try and bring this young man home. a lot of people here are in tears. certainly when you saw his mother and father hug him in those pictures, it was an amazing moment. i will stick the microphone out to hear what they're chanting. get my producer to translate for me. [shouting] long live the nation of israel is what this crowd is chanting with the flags. of course this came at a huge price for them to bring gilead shalif home. a number about of palestinian prisoners released. at least to this crowd they say it doesn't matter. they have this young man back home now and this, they say, is proof to 5,000 people, an entire village in this country that conscript soldiers, every 18-year-old goes into the army. they say is culmination of a promise to every mother they will bring their son home

from battle. this is an unusual case because the last couple of times that they have brought israeli soldiers home they have brought them home dead. they came home and traded prisoners for bodies. this time they're bringing a young man home alive from the gaza strip. it is truly an emotional moment here are now this country. our producer is crying. she feels like it is just her younger brother coming home and that's certainly how a lot of people feel who have come out here to celebrate this homecoming which is long time in the making. back to you guys in new york. jenna: leland vittert on the scene there. as leland was talking to us, in this crowd that waiting for the young man to get in his home. we're seeing what we call a jib shot over this crowd. a lot of media coverage. we were able to see the 25-year-old get out of the van he was coming home in and looked like he was able to go into his houses. the scene very emotional as leland mentioned. the question, what is the broader story. the exchange for this one

young man,. this release was brought with release of a 1,000 palestinian prisoners. there is another side to this story, jon, which is the bigger story. what does this mean if anything to the peace process between those two opposing forces? jon: let's hope it means good things. i remember being on the air when he was kidnapped. it seems like a blink ago to me and to that young soldier he was in that prison, that bunker, for 1,000 years. next change for shalif's return israel agreed to release more than 1,000 palestinian prisoners as we were just telling you. many of them serving life sentences for deadly terrorist attacks. celebrations in the streets greeting hundreds of those prisoners as they made their way back to gaza. among those freed a hamas militant leader calling on the movement to kidnap more israeli soldiers. reena niyin live from gaza. >> reporter: that is the growing fear more israeli

soldiers might be kidnapped. definitely a sense of carnival here. hamas is calling the operation a elaborate one. trying to take gilad shalif from undisclosed hiding location across the border to egypt. there were multiple armed convoys sent out this morning because they knew israeli surveillance was watching above overhead to see if they garner any information where he has been hiding for the past five years. but on the ground there was just a sense of joy, more joy than the gazans have seen since hamas taken over here in june 2007. take a look. we drove from gaza city to rafah, where hamas's armed militant wing lined the streets. hamas says multiple armed convoys were sent out this morning so israeli intelligence surveilling the skies wouldn't be able to decipher shalif's exact location of captivity. the red cross was standing by prepared to check the prisoners. the prisoner families arrived shouting, our regards to hamas's military

wing. among the prisoners being released, founder of hamas's military wing as well as militants who kidnapped and killed israeli soldiers and civilians like those involved in this suicide bombing attack on a sabaro restaurant in jerusalem that killed 15 people. more than half a million people are expected to take place behind me in a big celebration for those prisoners release. it is definitely a sense of carnival and joy in the streets of gaza. john? jon: reena ninan, reporting live from gaza. so much joy in that part of the world as well as across the border in israel. you're looking live at pictures from the hometown of gilad shalif. he was a young israeli soldier only 19 years old kidnapped abducted from his tank by hamas gunmen. they pulled him back across the border west bank into hiding where he has been for the last five years. next change for more than

1,000 palestinian prisoners, gile laud shalit is finally back home. see reaction from his country in israel. back with more coverage in just a moment

jenna: welcome back, everyone. some interesting news today on the housing market. that some say could eventually help struggling homeowners as a massive refinancing plan. "the wall street journal" is reporting state and federal officials are in discussions right now with big banks to help homeowners who are current on their mortgage payments they're making all their payments but underwater so to say on their home, meaning their home is worth less than hair home on it. sam is adjunct professor at wharton school of economics and we talk a lot about these plans, sam. the details and how it would actually work are light at this point but in its concept would a plan like this help the housing market? >> i think on the margin it

certainly will help, jenna. but it is going to help a very narrow subset of homeowners. it will be those people who have been making their payments or current on their payments, aren't financially constrained in that way and marginally underwater on their homes. and it is going to help them by allowing them to refinance into a lower rate than what they're paying now, increasing the amount of money that they have after they make their mortgage payment and hopefully, if they spend that money stimulating the economy. jenna: that's a big hope. how many homeowners are we talking about on the margin that you're suggesting? >> it is actually fairly narrow in its scope. the proposal in terms of details surfaced so far would apply to only mortgages held by banks. not those that made their way to fannie mae and freddie mac into securitization. so to start off we're talking about probably 20 a little less than 20% of the mortgages in the united states. you take from that 20% how many folks are underwater on their mortgages meanings they have negative equity. their home is valued at less than the mortgage balance.

and amongst that group, how many have remained current on their payments but are still going to be able to take advantage of refinancing into a lower rate. so what you start to see that we're focusing in on a very, very small subset of the homeowners out there that would potentially be eligible for this program and might benefit from it. jenna: you add all that i see how the column gets narrower and narrow who this would actually affect. >> that's right. jenna: you mentioned fannie mae and freddie mac. this would be affecting loans that are not a part of that group. >> exactly. jenna: aren't most loans a part of that group right now? wouldn't wouldn't a plan include those two entities? >> the government is working in parallel with federal housing finance administration which is the government agency that is responsible and has been for over three years now for the conservatorship of fannie mae and freddie mac to, to work out a plan that's going to allow for homeowners to refinance into lower rates principle write-downs.

there are a lost programs out there that homeowners have been able to take advantage of where we've actually seen participation rates have been below expectations. we haven't really hit our targets there. jenna: right. so are we any closer, dan, i'm sorry to interrupt? are we any closer than 2008 to figure out how to solve this housing problem? >> i don't think we are, jenna. ultimately to encourage demand for housing we need to create jobs in the economy. we need consumers that have jobs to feel confident enough in the security of their recurring paychecks that their job isn't at risk. jenna: right. >> that they feel comfortable getting into the housing market. so far that hasn't happened. it meant in fact demand for apartments has been extraordinarily strong and rents are rising very quickly in the united states. jenna: let me ask you a little bit of a side story to this. we have economic data today. we'll get tomorrow about inflation. showing glimmers of inflation nothing to be alarmed about necessarily depending what school of

thought you're in but what happens when we see interest rates go up? because they're going to go up sometime when we start seeing inflation come into the economy based on all the stimulus put in. what happens to the housing market then? >> absolutely. you point to a critical thing here. we have very, very low mortgage rates. a couple weeks ago the 30-year fixed-rate mortgage fell to the lowest level we have on record, below 4%. the difficulty is in qualifying. the difficulty is, people who might enter the housing market aren't necessarily getting jobs to make that transition but, as you point out, once the economy does start to improve, once we do see people finding jobs. some of this support, some of the stimulus that results from very, very low mortgage rates, very, very low interest rates starts to disappear. so we're going to be facing a new set of headwinds there. people might be in better position to enter the housing market, but actual cost of financing mortgages will be rising.

fairly difficult situation for us. many economists are over the view over course of next couple years if not longer we'll face a very challenging scenario in the housing market for things really do begin to stablize for the long run. jenna: your prognosis on that in the fact you don't think we're much better off than 2008 is sobering one and one we have to talk about. sam, we appreciate your insights. thanks for joining us. >> thanks very much, jenna, the sin city showdown right now. seven presidential candidates are just hours away from another big republican debate in las vegas. one contender in particular could face a whole lot of heat on the stage. we'll tell you who and why straight ahead. also the crash that rocked the racing world and killed a star driver. we are just now getting autopsy results in the death of dan wheled ton -- wheldon. new information on the safety questions surrounding the track he died on. plus a high school football coach brings his team to another victory but

things get ugly. he and his team confronted by the losing squad. >> well, i didn't know if he was going to live. blood was up doctoring from all of this up here. dripping off of his chin. >> i know there is always been a rivalry but i never thought it would escalate to something that what happened friday night.

jon: just in, the president is holding another jobs push event. this one, gilford technical community college in jamestown, north carolina. he is advocating congress break up his jobs bill into pieces and pass components individually after the whole thing went down in flames last week. we're going to be monitoring

it for breaking news. you can catch the whole speech, if you would like to watch it, live on foxnews.com. jenna: in the meantime to this story a high school football coach beaten so badly he has been in and out of the hospital for a series of operations now. the shocking part of this whole story if that wasn't enough, is who is accused of doing this. rick, what do we know about this story? >> reporter: members of the opposing team who are accused of beating this coach so badly he needed to have a metal plate put in his head. coach david daniels screaming devils of warren county, georgia, had just trounced the hancock county bulldogs. they won 21-2 on friday night. the team was headed back to its locker room after the game when players say they were attacked by members of the losing bulldogs who came at them, swinging their helmets. here is what the coach's boss, the local school superintendent had to say. >> when our players got to the locker room, our locker room was locked. it seemed like they were

just waiting there we saw everything break out and our coach ran into the middle of it where helmets were being used as, as weapons. he saw one of our players, as he was being hit from behind by a sparta player, who was being hit from behind by a helmet. the sparta player was coming up to take a swing at that player. wait, stop, what are you doing. and the player swung around and smashed him straight in the face. >> reporter: coach daniels has already had a few surgeries. no charges have been filed against anyone yet. the school is asking the georgia bureau investigation to get involved with the investigation here. and the superintendent has already announced, jenna. that these two schools will not compete against each other in any other sports for the rest of the year at least. back to you. jenna: sounds like a wise decision all things considered. rick, thank you. jon: right now, seven republican presidential

hopefuls are fweering up for a debate tonight in las vegas. the candidates will square off inside the venetian hotel and casino. one contender can expect to face more heat given his recent surge in the polls. that is businessman herman cain. he surged in the polls and getting lots of attention these days. obviously nevada a key swing state. since 1912 the state voted for the winner of every presidential election except one. it is expected to be a bellwether again for voter sentiment in 2012. now nevada has the distinct shun of having the nation's highest unemployment rate, 13.4%. it has a high number of foreclosures and record bankruptcy. the grim economic situation there and that could mean bad news for president obama in the 2012 elections. let's talk about it with john ralston, a columnist for the las vegas sun. is the economy going to be topic one at this debate,

maybe the only topic? >> i doubt it will be the only topic but certainly the only top pick nevadans are thinking about. certainly there will be a lot of talk about herman cain's "9-9-9 plan". it has gotten a lot of criticism from his opponents over the weekend. i think you will hear more about it tonight. jon: 13.4 unemfloimt there in nevada. the actual rate is higher than that if you include people given up looking for jobs. how are you dealing with that? >> there is lot of prayer out there but i think the problem is, that people are not listening out here anymore to what's going on in washington. they have tuned out. the economy here has tanked for two years now. we were the boom economy of the country for many, many years. the population was exploding. now we're losing population. and i think people are fairly despondent out here. you mentioned some of the indicators. 60% of the people who live here are or more have their homes underwater.

we're the epicenter of the foreclosure crisis. highest unemployment in the country and we have a very narrowly-based economy and to lesser extent construction. guess what? there is no construction anymore. jon: so when the president gets on stage as he is doing right now in north carolina and says that jobs bill is, you know, going to be the cure or at least the beginning of the cure for everything, how is that playing in nevada and what do you expect to hear the candidates say about it, the guys who want to replace him? >> well, first on the president, the president is did very well here in 2008. as you know he won the state by 12 points but since then his numbers have gone way down. because things are so bad here, i think people have really tuned out to what he's saying at least more and more folks are. his numbers are not good here in the state. now, as far as what the republicans will say of course they will all criticize the president and the stimulus and what they're calling stimulus ii

now. the question is, whether people actually believe that any of the republicans have an alternative that is going to create jobs. i think out here at least, probably in a lost other places based on polling people just don't think there is a solution in washington. lowest congressional approval of all-time. the president's numbers aren't a lot better than that. jon: there is big argument going on regarding the date of nevada's primary on the republican side. you've taken a pretty strong stance on that. you want to sum it up for our viewers? >> i'm just showing my nevada pride. that's all that is. listen, nevada was made an early caucus state in 2008. then florida jumped over all the early states this year. first south carolina moved to the 21st. nevada was going to wait for new hampshire to move but bill gardner, the legendary secretary of state there said to nevada, no, you set your date first. we set our date on january 14th. mr. gardner doesn't like that. he prefers to set it on the

17th. now there is stalemate. as you know iowa set its caucus on january 3rd. this morning the governor of iowa and head of the iowa republican party are joining now calling on nevada to move its date to january 17th so new hampshire can fulfill a state law that says there is seven-day window. there is tremendous pressure on republicans here. we'll see if they fold. jon: some of the republican candidates aren't showing up to the debate tonight. but your message to new hampshire is what? eat snow? isn't that what you wrote? >> i can't believe you saw that. yes, i indeed i said they can go eat snow. listen, somewhat facetious about it but i'm just stunned how everyone has all the reference for new hampshire when it is new hampshire could essentially set its date but has a state law it thinks it can tell other states what to do. bill gardner said he will go into december, which think

is a complete bluff. he will not set it in december. he eventually will set it on january 10th, whether nevada moves or not. whether the nevada republicans for the sake of collegiality among republicans nationally will move i don't know but certainly there is absolutely no reason for nevada to move off of the saturday on the 10th, on the 14th, excuse me where they have set the caucus. we haven't been doing a caucus here that long. the republicans just threw it together four years ago. they think they need a whole day when people aren't working. bill gardner doesn't like that. now iowa doesn't like that. the governor here, brian sandoval held firm saying there is no reason to move the date. jon: lots of people don't like it. john ralston there in las vegas. thanks. jenna: that means we'll be working over the holidays. big takeaway for there we'll talk about holiday shopping sales and all about the election. jon: yeah. jenna: we're ready. jon: there's a stolen truck getting all kind of attention right now. why?

it's linked to this man president obama. some of the key items on board the commander-in-chief is missing now? we'll tell you about them. jenna: sort of scary too to have one of his trucks taken. jon: yeah. jenna: we'll talk about that. this is a live image of the president talking about jobs. meantime this is completely different story. this is tour bus crash. new video of this coming in. we've had a slew of these over last several months. we have update on the victims just ahead. jon: smartphones, just about everybody has one but how much are they really costing you? the long-term expenses you need to know about next.

jon: a fox news alert. we told you right now the president is on a bus tour pitching his jobs plan but you can't take a bus tour with just a bus. you have to take all kind of equipment along anywhere the president goes and a truck full of that equipment is missing, stolen. steve centanni is live at the white house. steve, the president is talking, so i guess despite the theft, they did manage to get him, you know, all equipped and ready to go there in north carolina? >> reporter: yeah, one truck stolen. they have other trucks full of stuff too so the president goes on as planned. hasn't made any mention by the way of this theft. but as you said even though he is traveling by bus it takes truckloads of equipment to make his appearances possible no matter where he goes. one of those trucks was stolen outside richmond,

virginia, monday. the president as you know ised middle of a three-day bus tour through north carolina and virginia silling his jobs plan. one of the stops is in chesterfield, virginia, a truck carrying equipment for that appearance was stolen monday from a hotel parking lot inside were press degesal podiums and sound equipment reportedly valued at $200,000. the truck recovered the same day at another hotel near the airport. it is unclear whether any of the equipment was taken by the thieves. the suspect or suspects have not been apprehended. secret service is not directly involved in this kind of logistic it is of moving equipment around but a defense department agency put out this statement saying, a government vehicle was stolen and has been recovered. no classified or sensitive information was in that vehicle. we take incidents such as this very seriously. and a formal investigation is continuing in coordination with relevant law enforcement agencies. now this isn't the first time there have been thefts

surrounding the white house and its employees. some things belonging to john f. kennedy were stolen after he died. more recently in 1984 there was a theft of some souvenirs by a secret service agent who pleaded guilty. in 1995 under president clinton an assistant white house counsel had her car broken into and some sensitive documents taken. this is the first time we're aware of that a whole truck was stolen although it has been recoveredded. back to you, jon. jon: if we see the presidential seal suddenly appear on ebay we might want to phone the fbi, steve, is that what you're saying? >> reporter: that might be a good idea. jon: we'll check it out. steve centanni at the white house. jenna: the anthrax attacks the worst act of bioterrorism in our history. the deadly white powder popping up in letters to media outlets and top lawmakers 10 years ago. that was right after 9/11, as you might remember. nine people across the country died from anthrax

poisoning. although he was never charged, bruce i've vans, a government scientist was thought to be a key suspect. three years ago he committed suicide that leads us to today. we have new questions emerging who was really responsible for these deadly attacks. catherine herridge is taking a closer look in washington. >> reporter: thank you, jenna. the homeland security committee is hearing from bioterrorist experts. one of the striking statements this morning at hearing that the u.s. government still does not have a single point person for dealing with a bio weapons attacks. there is senator lieberman right now. and there are projection that is a terrorist group is likely to use biological agent by 2013. as you mentioned in october of 2001 a handful of anthrax-laced letters killed five americans and crippled the u.s. postal civil. while the fbi considers the clays closed with evidence pointing to that military scientist who committed suicide significant questions remain about the case. this letter called the

quantico letter was sent in fall of 2001. it also warned of a bioterror attack accusing arab-american scientist working for army of being a religious fanatic. it reads in part, quote. this guy is a potential terrorist. he believes the strongly that the u.s. government needs to be taught a lesson this guy has access to many dangerous biological poisons. >> if you look at the anthrax letters and you look at the quantico letter, sentence by sentence, statement by statement, you can read the communication and see it leads to one single way. in one letter it says allah is great, in the anthrax letter. and in the quantico letter it says this guy is a religious fanatic. >> reporter: the fbi told fox, quote, the quantico letter was thoroughly investigated, the person mentioned in the letter,

that is dr. assad who you just heard from, did not mail the anthrax and we were not able to determine who sent the anonymous quantity toe letter. congressman from new jersey wants a independent investigation. he saw the investigation up close and didn't inspire confidence. he is not satisfied with the fbi conclusion that a single scientist, bruce ivans is behind the attack. jenna: a lot of questions there. thank you, catherine. >> you're welcome. jon: here is a question for you. do you know how much your smartphone is really costing you? seems everyone has one these days and with apple's iphone 4 -- iphone 4s units selling like hotcakes, smartphones are more popular than ever before. the long term costs of owning one of these might leave you in sticker shock. joining us is fox business network's shibani joshi. shibani. >> we're at no loss of choices. get iphone 4s, a droid

phone. a lot of tech fans are talking about the new nexus prime out from google that will be out there. most of us when we make decisions we just think about the sticker price of the actual handset unit that we're considering buying. it is a lot more fun. a lot more personal to make those decisions but there is bigger financial commitment involved if you're thinking about getting a new smartphone, signing up for a new commitment. we dug into the numbers to do a little bit of homework for you. not meaning to pick on the iphone 4 s because it is quite representative what will is cost to get a smartphone no matter who makes it. verizon, not picking on verizon because a lot of plans are comparable. just the cost of the phone does not tell the full story. the cost of iphone 4s, 16 gig will one cost you 200 dollars. talk and text will cost you $1400. data and hot spot plan, 1200. insurance and warranties that will cost you $20 a month. ring stones, gps, additional services, minimum of $383.

you add everything up together, jon, and you're talking about over $3700 just to keep connected. if you want to download apps, if you want a ring tone, pay your taxes. there are taxes associated with this, you're talking about $4,000 just over a two year period. of course that is a big price tag that we're talking about here of course but the bigger question is, how do you save some money? a lot of us can't live without our iphone 4s. we want our smartphones. simple tips out there for you. do your homework. get a family plan. investigate the number about of options out there. look at your own old phone bills. figure out what your habits are. say no to downloading and measure and monitor usage. a lot of apps out there and a lot are for free and use them to help save money. jon: good advice there. shibani. thanks. >> thanks. is. jenna: we'll return to an apocalyptic scene. maybe we can show that to you. maybe we're not. a scene out of texas, a

massive dust storm there we'll be taking a closer look at. in the meantime, there's the picture. thank you very much for that. meantime let's talk about actress susan sarandon angering many what she said about the pope. we'll tell you what that is and her response or lack thereof next.

jenna: now to that story about actress susan is a ran dan coming -- sarandon coming under fire for calling the current pope a nazi. now the anti-defamation league calling her comments, quote, obscene and is demanding an apology. lauren green is following the story from new york. lauren? >> reporter: good morning, jenna. susan sarandon made the quip while walking red carpet at the hamptons film festival in new york over the weekend. oscar-winning actress and activist. recounted how she gave a copy of the book dead man walking offered by a nun she played in the film to the pope and clarified it was

pope john paul ii. adding not this nazi one we have now. she repeated remarks later. catholic league's bill donahue is issuing a statement saying susan sarandon's ignorance is willful. those who have hatred in their veins are not interested in the truth. the german-born pope benedict, said in his writings he was registered into the hitler youth group against his will it was compulsory for all young germans. but he reportedly never attended meetings and he never joined the nazi party. jewish groups hailed the pope. the anti-defamation league is calling on sarandon to qualify to catholics. >> she made unacceptable, inappropriate comments that surely are offensive to every catholic but i would say goes way beyond the catholic community. i'm not catholic. our organization is not a catholic organization because we're offended by this and we think again, it is offensive to those who

died in the holocaust and also offensive for those who care about having civil discussion in our current society. >> reporter: the story is making international headlines. sarandon's representatives have not responded yet to our requests for comments. jenna? jenna: we'll look for those. lauren, thank you. jon: the 911 calls for help as a gunman opens fire inside a california beauty salon. police just releasing the taped calls from inside that salon. rick has it for us coming up. >> you guys shut the doors and hide somewhere, okay? >> he just tried to shoot everybody. >> okay.

jon: some developing stories we're keeping an eye on here in the newsroom. a milan court throws out the tax fraud case against

italian premier silvio berlusconi but the court indicted berlusconi's son and nine other defendants. the trial is set for december 22nd. a surge in energy costs drove wholesale prices up to the highest level in five months. food prices also rose sharply but we don't have to tell you that. changes ahead for the tour de france. organizers unveiling the 2012 course today. riders will now face steeper mountain climbs and longer time-trials. jenna: back at home people in texas cleaning up after a massive dust storm there. check out this, well, kind of a creepy scene in lubbock yesterday. a thick, 8,000 foot-high red cloud just swept across that city whiped up by a powerful 74 mile-per-hour winds. it caused power other -- power outages. national weather service says visibility at times was

reduced to zero. people in the town described the scene as terrifying. >> we were like yelling and running around it in the hallways and going outside. no one knows what is going on because no one has ever seen this before. >> i thought at the were having a tornado. i almost cried. >> red dark sky dust was coming our way. i ducked like it wasn't going to take me away. >> all of sudden got pitch black. teachers reminded us not to look back because it was just wind t was pitch black outside. >> dirt like this i never seen it. been here five years and never seen that. jenna: haven't seen dirt like that either. no ininjuries were reported. the national weather service says the dust storm was a by-product of the persistent drought just wreaking half vok over texas right now. jon: that is so sad. new video of a tour bus crash just into our newsroom. rick folbaum has some more information on it. >> reporter: jon, scary moments this morning on the roadways just north of new york city.

six people hurt badly enough to have to be taken to local hospitals. when the trail ways bus they were riding on rear-ended a tractor-trailer. i've got some of the video here on the ipad to show you as we take a look at the scene this morning. very early on. luckily none of the injuries life-threatening. all 11 other people on board the bus weren't hurt at all. apparently the bus as i said rear-ended a tractor-trailer just before sunrise. it has been a very tough year or so for bus travel especially around the new york city area. a series of accidents. first in late july another tour bus, tractor-trailer collision. this one left one person dead and dozens injured. both vehicles were destroyed in a huge fireball. back in march, 14 people were killed in a horrific early morning crash when a casino bus returning to the city skidded on its side. the bus flipped for about 100 feet or so before crashing into a sign pole which literally sliced the top of that bus clear off. the driver in this case was

found to be speeding. earlier this year the federal government, the transportation department, proposing new rules that they said would help to enforce and increase safety on these tour buses. we called the department of transportation this morning to find out the status of those proposals. we have not yet heard back. jon, back to you. jon: rick folbaum at the breaking news desk. thanks, rick. jenna: a fox news alert. some very sad news to report. we've been talking about a missing baby lisa. there is also another missing boy we mentioned over the past couple weeks. police in maryland believe they just found the remains of a missing 11-year-old boy, william mcqueen. the body discovered in a wooded area just days after his mother jane was found murdered in their condo last week. her estranged husband was arrested in north carolina and charged in her death. as we get more details we which bring those to you. [ male announcer ] from the soups you know and love

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>> reporter: hi, everybody,

i'm rick folbaum, and take a look at this. a contrast in celebrations. on the screen on the left here, you can see the scene live from israel where israelis are celebrating the release today of gilad shalit, the israeli soldier who had been held captive for five years, his release negotiated and came along with the israeli release of about a thousand, a thousand prisoners. and over on this side we were seeing just a moment ago the palestinian celebration, they are, obviously, jubilant over the release of all of the palestinians who have been set free. so, again, it's a big day in israel and in the gaza strip. just a couple of the scenes we're watching for you as the second hour of "happening now" starts right now. jenna: well, it is a high stakes showdown in a key swing state. right now white house hopefuls are gearing up for a major debate in las vegas, of all places. gambling, politics?

jon: don't think they're going to be gambling tonight, are they? jenna: i don't know. we're just making things up at this point. it is a big day for those candidates. i'm jenna lee. jon: and i'm jon scott. a skate president obama won in '08, but drastically high unemployment could spell trouble for the president next year. nevada's one of a handful of battleground states that both parties believe will play a crucial role in 2012. jenna: especially with the economy. chief political correspondent carl cameron is live in las vegas with more. carl? >> reporter: hi. well, tonight's debate is foreign policy, national security, national security means economic security, and it also means border security. and in this state where more than one in four are latino, immigration and illegal immigration is also factoring in to the debate over jobs and the economy. and herman cain, the georgia businessman who is at the top of so many poll on the strength of his 9-9 had the 9 tax plan has

found himself explaining his immigration positions. he was defending his argument in favor of a complete border fence on the u.s./mexico border to keep illegal immigrants out of the united states, and he says, he made an inappropriate joke talking about how electrifying that fence could actually kill some people. he has since apologized for that saying it was inappropriate, though he does not back away from eventually electrifying a complete fence. listen to this. >> i apologize if it offended anyone. mea culpa, mea culpa. i'm not walking away from that, i just don't want to offend anybody. >> reporter: texas governor rick perry, governor of the second largest state in the country bordering mexico, does not agree with the idea of a complete fence. now,er perry is under fire today from mitt romney, the national front runner, the front runner in this state as well as many other early voting states. mr. romney has put out a new web

page called careerpolitician.com where he's posting web attacks on rick perry, and the latest goes after perry's job record in texas saying that unemployment has more than doubled on perry's terms as governor and that it's at a 20-year high and linking it to illegal immigration. the web attack by romney says that more than half of the jobs, the new jobs created in texas in the last four years have gone to illegal immigrants. so illegal immigration, jobs and the economy will all converge tonight at the eighth presidential debate of the 2012 cycle taking place here in nevada. and politics as always a gamble, guys. back to you guys in new york. jenna: well put, carl. thank you. jon: as we look ahead to the debate tonight, a new fox poll on what registered voters think of president obama's re-election strategy thus far. a 56% majority sees the president's strategy as bringing folks together with a message of hope, but nearly a third think mr. obama's aim is to drive

people apart with a partisan message. michael barone is senior political analyst for the washington examiner and a fox news contributor. i suppose if you're the president's people there, michael, looking at those numbers you say, ah, we've got more than 50% of the people who think that we are, you know, doing a good job, we're being positive, but that number, almost a third who think it's negative, that's got to be a concern. >> well, i think that the president's people have got to be pretty happy with those numbers. they're a lot more favorable to him than his overall job rating which has sunk down towards the low 40s. and i think it's emblematic of the fact that americans want to think well of their president and that despite the bad economy and despite the negative job ratings, that factor is probably working for president obama this year as it worked for president george w. bush in 2004 and bill clinton in 1996. jon: and -- >> they want to attribute positive motives to the president even though he's been engaging in some pretty harsh partisan rhetoric. jon: yeah.

some of the name calling, i guess you'd say, coming out of washington has surprise bed me with, well, the personal nature of it. the job approval rating that you just mentioned, though, that's really the number that the white house has to worry about. >> well, they do have to worry about it and, you know, you've got a president going into a re-election year where he promised that if his stimulus package was passed, as it was, that that would hold unemployment down below 8%, and it's still hovering up there at 9%, worse than the president predicted. he's got programs which don't seem to have had the desired results, and you see an awful lot of people out of work for a long period of time. those are real substantive problems for the president. so i think, um, he has to be hopeful and his strategists have to be hopeful that people will attribute good motives to him, and that poll, that result in that poll suggests that there's something to that hope. jon: you also see an awful lot of republicans who are trying to

replace mr. obama, many of them are going to be on stage in las vegas tonight. what do they need to do? i mean, the curious thing to me is that one week one candidate is up, the next week it's somebody else. there seems to be a lot of testing the merchandise, i guess, going on among republicans in, who are answering these polls. >> well, the poll numbers in the republican presidential contest are about as solid as cotton candy. the fact is that, you know, voters don't know very much about most of these candidates. mitt romney was a candidate four years ago, but he's not really known in great depth by the voters. and people like herman cain, michele bachmann and rick perry for voters not from texas are unknown quantities. jon: and yet -- >> so their opinions can change vastly, and they have been. jon: herman cain is topping some of the polls right now. you say voters don't know much about himsome. >> well, i don't think voters do know much about him. they know he's a likable man, they know he's conservative on a

lot of issues, they associate the number 9-9-9 with him, and i think a lot of voters who have been watching these things know it's about an economic plan and not a price for pizzas. but do they know in depth how he will proceed? no, i don't think they do, and the debates are one opportunity to see how he responds to specific issues. and i think he's going to be questioned pretty closely and perhaps hostilely tonight. jon: michael barone is a fox news contributor, also from the washington examiner. michael, thank you. >> thanks, jon. jenna: speaking of elections, right now a voter fraud investigation is underway in indiana. it's an interesting twist and turn to this. eric shawn has been polling this developing story, and he's live with more. >> reporter: yeah, jenna, the election fraud was obvious, far-reaching and apparently systemic, so says the young man who uncovered the troubling allegations of fraud in indiana's 2008 presidential primary. signatures, apparently faked, on

presidential primary petitions all to get both president obama and hillary clinton on the indiana primary ballot. as many as 150 signatures may have been forged on the obama and clinton primary petitions, so many it raises questions about whether the obama campaign even had enough legitimate signatures to get on the ballot. among them, the signature of former indiana democratic governor joe kiernan. he told me both his name and his signatures were forged. the alleged scheme was found by a college student. his name is ryan niece. ryan's an indiana native. he's a junior right now at yale university in new haven, and he southwesterned at the white house last -- interned at the white house last year. he was also an intern with the nonpartisan political newsletter when he uncovered the schemes. since he published his findings, prosecutors started an investigation, and a democratic party chairman last night resigned. >> elections in the united states is an important thing,

and this was fraud that occurred not simply out of laziness, but it occurred out of, apparently, malicious intent and by people who not only knew what they were doing, but actively attempted to conceal what they were doing. >> reporter: the democratic firm who resigned denied any wrongdoing, but the scandal apparently seems to be growing. the state's republican party chairman has now called for a federal investigation. >> we don't know how many people, we don't know if it was organized. those were some of my questions, is how, how deep does this go? does it go one county? does it go one district? does it go one state? does it go 49 other states? >> reporter: the democratic party chairman in indiana, dan parker, also supports an investigation though mr. parker calls this an isolated incident. apparently, he says, relegated to one county. the prosecutor there is now waiting to see if feds will take over that investigation. we're awaiting to see if that,

indeed, does happen. back to you, jenna. jenna: more as we get it, eric. thank you. jon: well, if you drink, it's good to have a designated driver, right? it's no joke when a drunk dad rags about -- brags about having his 9-year-old behind the wheel. one man finds out the cops are not laughing, and it's all caught on tape. plus, it's helped him make, become a front runner in the polls, but herman cain's 9-9-9 plan, michael barone just mentioned it, is under the microscope right now. our next guest says it contains an extra hidden tax no one is talking about. and rick is over at the web wall for us right now. >> reporter: you mentioned cops, jon. there's a story out of los angeles, a police detective is taking pictures from actual crime scenes, unsolved crimes, and putting them on places like twitter and other social media in order to maybe get some clues and crack the case. is that a good idea? we have a discussion on that coming up, so my job for you during this break is to go online to the "happening now"

home page which just disappeared as i was telling you about it -- [laughter] that's the way it goes. but you'll find it on your computer, i promise. and if you scroll down, you'll see the poll today, is it okay for police to do that? jon, this happens every once in a while. you go someplace, and there's no place to go. jon: that's the beauty of live tv the. >> reporter: sure is. quick commercial break, we'll have more "happening now" right don't go away. but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your runny nose. [ deep breath] awesome. [ male announcer ] yes, it is. that's the cold truth! the best in nutrition... just got better. now with even more of the vitamins your body needs. like vitamin d. plus omega 3's. there's one important ingredient that hasn't changed: better taste. [ female announcer ] eggland's best. better taste. better nutrition. the beer egg.

jon: right now new information on some crime stories we're keeping an eye on. we are awaiting an update from police in arizona on the search for a 5-year-old girl missing for six days now. cops believe jesse shockly was kidnapped. she was last seen at home while her mother reportedly ran an err ran. and the defense is set to rest its days on the so-called baseline killer. the former construction worker pleaded not guilty to nine killings in the phoenix area.

a michigan dad expected of dad accused of being drunk is suspected of having his 9-year-old daughter driving to the store. charged with second-degree child abuse. that is a felony. jenna: well, right now herman cain is riding high in the polls and getting a lot of anticipation for his 9-9-9 plan, a proposal that would replace our current tax system with a flat 9% personal income tax, a 9% corporate tax and a 9% national sales tax. our next guest says cain's plan ought to be called the 9-9-9-9 plan, a fourth hid payroll tax -- hidden payroll tax it contains. that's what peter schiff says, author of "how an economy grows and why it crashes." so, peter, why the fourth nine? >> well, it's there. you know, herman cain talks about the three 9s, but up his sleeve is a fourth 9 in the form

of a 9% payroll tax. the 9% corporate tax that he imposes is not an income tax the way we have today. it's just a 9% gross receipts tax. but corporations could not deduct any of of the wages or salaries they pay, so in effect, he is imposing a brand new 9% payroll tax. that will be borne 100% by employees. now, he's eliminating the 15.4% payroll tax that we have today, but it's not going to 0. he's just lowering it to t -- 9%. jenna: let me stop you right there because we're going to have to take it slow. if companies do not get the deductions for the payroll tax that we, they pay for us as employees, will we be paid less? >> well, some people won't be because right now the tax is 15.4%. so a 9% tax is lower than 15.4, although for upper income

earnings it represents a tax increase. but they do okay under 9-9-9 because they get a big deduction in their income tax rate. but the problem is herman cain is going around saying what keeps this plan from raising taxes on lower income workers is the elimination of the 15.4% payroll tax. but the problem is he doesn't eliminate it. he just lowers it to 9%. but when you combine that with a 9% sales tax and a 9% income tax, effectively average workers are going to be paying 27% of their total income in tax. and that represents a significant tax increase. jenna: and you're saying, you're saying what a lot of -- >> higher taxes as a result of 9-9-9, not lower taxes. jenna: what you're saying is what we're hearing a lot of, some criticism from middle and lower income americans. real quick here, are you an adviser in any way to any candidate on the campaign trail

right now? >> no. i'm not operating in any official capacity, but, hey, any candidate is welcome to follow my advice if they want to free of charge. jenna: sure. [laughter] well, that's good, and we're glad to listen to you free of charge as well. i reached out to herman cain's campaign to show them the editorial you wrote where you really mapped out what you mean. this is the response. they just say, and it's only one sentence, the problem with mr. schiff's analysis is that it's incorrect. i don't have anything else this that -- >> well, it's not incorrect. jenna: let me just ask you something else on -- >> they can't refute it. jenna: let me just ask something else. there's been, also, said in the press and otherwise that we really don't have enough details about this plan, there's still a lot of questions about it. do you feel you know enough about this plan to properly analyze it at this time in. >> i know enough about this component of it. i challenge any economist to come on television and debate me or herman cain himself. the only thing herman cain has said publicly is that, well, we lower the coronet tax rate from

35 to 9 so net it's a reduction in corporate taxes. but what herman cain doesn't understand is that income taxes are paid by shareholders. but payroll taxes are paid by employees. so the fact that corporate shareholders are getting a break doesn't offset the fact that workers are having to pay the higher payroll tax. so the only reason that herman cain is able to lower taxes on higher income earners like me is because he raises taxes on everybody else. jenna: i see what you're saying. >> if he really wants a 9-9-9 plan, i can get onboard with it. get rid of that fourth nine. but to do that you've got to slash government spending -- jenna: quick final question here, peter. would you prefer herman cain's plan to the current tax code we have right now? >> absolutely. i mean, as i said, it cuts my taxes significantly. but i think it's good for the economy. we're going to get more growth and more jobs. but people have to understand that that comes at the cost of higher taxes for lower income

workers and middle income workers. if we really want to reduce the tax burden, we have to shrink government. we have to slash government spending. you know, ron paul's plan that he announced today is a step in the right direction. we need more of that. jenna: peter, we appreciate your perspective. always nice to have you on the show and look forward to having you back and talk about how to slash that spending because that's the other side, as you mentioned, to talk about. peter, thank you very much. >> you're welcome. jon: our current tax code is nuts. jenna: do you feel like you need to take a deep breath after that? talking taxes sometime, whew. right? this is another serious story, though, not necessarily the best transition. jon: baby lisa's mom is lawyering up after revealing to our megyn kelly that she was drunk on the night her daughter disappeared and changing her story of what traction pyred that night -- transpired that night. plus, 911 tapes just released from a massacre inside a california hair salon. the panicked calls for help as

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>> do you think somebody's hurt? okay, who has the gun? i can't hear you ma'am, what? jon: authorities just releasing those 911 calls from a terrifying shooting inside a california salon that left eight people dead. rick folbaum has more at the breaking news desk. rick? >> reporter: you know, we report on these stories, jon,

and then the 911 calls are released, and it gives you a whole new window into what it was like when it was unfolding, and that was just one of the calls made in the moments after a gunman barged into that southern california hair salon and opened fire. the alleged shooter, scott dekraai, reportedly aiming for his ex-wife who worked there. calls came in from various locations surrounding the saw salon -- and give a sense of the panic at the time. listen. >> reporter: isn't it amazing that that one caller was seemingly able to identify the number of gunshots she had

heard? a number of people were barricaded in a bathroom, and others did whatever they could to stay out to have sight of the shooter. scott dekraai is in prison, awaiting trial. just the day before the shooting he was in court fighting his wife over custody of their 8-year-old son. the next day she, the ex-wife, and seven others were dead. back to you. jon: appalling story. rick folbaum, thanks. jenna: well, right now new developments in the disappearance of lisa irwin. her parents hiring a high profile criminal defense attorney just after deborah bradley, that's the mother, told megyn kelly that she was drunk the night her daughter disappeared. judge alex, that's not all she said. she also said she wasn't going to hire an attorney and then turns around a couple days later and does. her attorney says her interviews show she has nothing to hide. what do you think about this case right now? >> um, i completely disagree.

i think her interviews show there's something wrong. i mean, analyze it from the beginning. she claims she went to bed, put the child to sleep, went to bed with all the lights out, woke up, all the lights were on. no burglar breaks into the house and turns all the lights on. that's a point that megyn kelly, actually, pointed out not too long ago to me in our discussion. now she's saying she was drunk and passed out. ignoring for a moment the fact that she's saying she got so drunk she blacked out while she was alone with her three kids, one of whom is an infant, put that aside. maybe she passed out and left the lights on. okay. if you accept that fact, what burglar breaks into a house that has all of the lights on? so the story doesn't make sense no matter how you slice it. i think she probably should have lawyered up a long time ago. jenna: these are questions that have been raised over the last couple days and now we're into weeks, obviously. but there's been no arrests made. what do you think's going on there?

she says she thinks she's going to get arrested, the mother, but so far there's no arrests. >> well, as a police officer you're not going to arrest somebody until you feel you have enough to prove a case because the court system is going to have to prove her guilty beyond every reasonable doubt. you can suspect her all you want, but you're going to get more information before you arrest her than you will after you arrest her, because she's going to be appointed an attorney, and the attorney is going to tell her, shut your mouth. you've already done enough damage. so i think the police are trying to get as many statements from her as they could and, you know, she's given quite a few contradictory statements. now that she's lawyered up, i do not anticipate she will give another statement if her lawyer's smart. and we'll have to see what the police can piece together. jenna: let me call upon your expertise as a judge and as a marathon runner, all right? if finish line, if finish line is finding out what happened to this little baby, where do you think we are in the race right now? >> it's hard to say. i mean, i know that the police have a lot of detectives working

on this case. they've followed hundreds of leads up. you know, i'm sure they've looked at her cell phone records to see if they could triangulate her positions at the time when she says she was home and things like that. it's just a question of whether or not they're going to find something in any lead they chase. they recently served a warrant on the neighbor's house who was supposedly drinking with her that night and seized a lot of evidence. we just have to wait and hope that the end result is actually not a tragic one that everybody is kind of leaning towards. jenna: right. quick final question here. what question would you like answered if you could have anything answered at this time? what do you see as a reoccurring theme that you feel needs to be addressed right now, today? >> there are just too many. i mean, no -- as i pointed out about the burglars and the lights, you know, that doesn't make sense. her three cell phones are missing. burglars don't ransack the house for cell phones so that the homeowners don't call the police. that just doesn't happen. so it's kind of like an excuse for why they department call the police right away -- they didn't

call the police right away. and failing the polygraph on the key question of do you know where your daughter is, she failed that question. oldly graphs aren't admissible, but that's just another red flag, and then saying i know i'm going to be arrested because the police have to pin it on somebody? being an ex-cop, that is what guilty people say. cops do not want to arrest the mother of a missing child. so when a mother says they're just looking to pin it on somebody, there's something hidden there. jenna: a lot of questions, obviously, still. still no arrests in the case, and the parents continually say they were not involved, so we'll continue to follow it, judge. thanks so much for coming on today. >> my pleasure, jenna. jon: is our government giving us mixed messages when it comes to spending? rich edson of the fox business network is going to join us with news about why spending is actually up in this country even though all you hear t cut. plus, why one california cop says he sent out some gruesome

crime scene pictures like this one on his twitter page.

i don't know jon a fox business alert and report on government spending, in 2001 -- i'm sorry, 2011, i'm only a decade off -- has experts scratching their heads, even as congress passed legislation to cut more than $38 billion in government spending.

the government wound up shelling out 5 percent more than it did last year. so how does that happen? fox business network's rich edison live in washington, he can surely explain this weird math to us, right rich? >> reporter: good afternoon, jon. i can. the federal government set a record in 2001, fiscal year-ending last month, and when it did the government had spent a record $3.6 trillion. it's set a number of these records in the past decade, spending less than $1.8 trillion in 2000, surpassing 2 1/2 trillion dollars in 20 06 and 3 1/2 trillion dollars by 209. now, congressional negotiatorring struck a deal, cut about $40 billion in spending. the problem, spending on medicare, social security, interest payments, overwhelmed those savings. there's no cap on those government costs. they're at the mercy of health care costs and changing number of americans needing those programs. >> we really need to be looking at entitlement reform and comprehensive tax reform, because those are the two largest areas of the budget that remain on the

table and we've got to control them if we want to control debt. >> reporter: so it's up to the supercommittee designed to find more than $1 trillion in savings over the next decade, debating changes to tax it is and entitlement programs like medicare. democrats have mostly defended against substantial changes to those spending programs, asking republicans for tax increases in exchange, and republicans maintain a pledge to refuse any tax increases, saying the problem is unsustainable spending increases. jon. jon: seems like we're doing a lot of lot of spending based on those numbers. rich edison, thank you. jenna: now turning to this story, an l.a.p.d. detective, veteran in the department, causing a big controversy right now in los angeles. sal barbera goes by twitter handle l.a. murder cop. you can go by any name you want, rick folbaum goes by the name rick folbaum, this guy goes by l.a. murder cop. he tweeted a picture from a crime scene of a murder victim, and we're going to show thaw picture. we have part of it blurred

out. he says he wants to bring attention to the crime that's happening in the streets and he apparently said that if this helps stop the violence, then he's for it. an internal investigation is ongoing, according to local reports, but apparently there's no set department policy about any employees using social media like this. so we wanted to talk more about this. rod wheeler is former homicide detective attorney and fox news contributor, brad teacy is a former prosecutor as well. there are so many different sides of this story from a legal side, technical side to maybe a moral side as well. >> sure. jenna: let's start with this being an investigation, how would tweeting a picture like this affect an ongoing investigation? >> you know, jenna, i can clearly understand the spirit by which the detective, the veteran detective, i might add, sent the tweet and picture. the only thing i would question is the way in which he went about doing it. you know, obviously, these types of photographs, as the detective indicated, we see on the news every night at 6:00, we see the same type

of situations, but it's not appropriate, i don't think, for the police department to be sending that out. so you know, we do as homicide investigators, jenna, we see a lot of things on the street but we have to main he he we have to maintain the dignity and integrity of the de skiedent no matter how they die. i think it was gip appropriate, as a matter of fact, a lot inprop eappropriate and i think he has second thoughts. jenna: let's bring this up. fred, i have images of crime scenes that have been splashed all over newspapers and you can see, if we could pull those up, this is the dead body of a mob boss in the 1980s in new york city. i mean t. doesn't get march graphic than that, that was showed on newspapers all over the player so why is it okay to show something like that, or this crime scene of a young lady's body being pulled out of a parking lot, and not getting it from the detectives themselves? >> i tell you what, jenna, from my perspective, there are two big differences. obviously the media and the

establishment has a right and obligation to report the news and that's their job and that's what they do, but a detective, and rod can back this up, their job is to gather evidence and submit that evidence to a prosecutor to ultimately prosecute the case, and my problem with this is that, you know, sometimes as a prosecutor, you rely upon physical evidence from the scene of the crime that only the people who would have been there would have known, small details. now, i can't stop pictures from showing up in the newspaper, but you know, when a tweet goes out there it's out there forever, and it takes away one of the tools that i might need in my arsenal to cooperate or bolster or show that someone is telling the truth, particularly if they were somehow involved, or whether or not a witness or someone who is confessing is giving information consistent with the crime scene. so from a prosecutor's standpoint, i don't -- >> jenna: it makes you uncomfortable. >> i i can't stop the press but i did stop the detectives. jenna: this man has been serving 20 years, he's seen

a lot of violence. one of the things he has said about this in the press is that well, if it gets someone's attention about exactly what's happening in the streets and i'm a public servant, the public should know. what about that point? >> i can clearly understand the spirit by which he says that. look, i've seen the same thing this detective has seen and it's not a pretty picture and the prosecutor that's on with me, he knows exactly what we're talking about and it is frustrating, jenna, it can be very frustrating, but we have to try to be more sensitive not so much for what the public might see but the decedent himself or herself and the family. we have to be sensitive to that and maintain that dignity of the decedent. jenna: is there nr -- are there any legal problems with the privacy of the victims? >> well, i don't think there's a legal problem with the privacy of the victims, i don't think the pictures are any different than you'd have seen from the fourth amendment and i think it would be a hard stretch and as a prosecutor i wouldn't want to get involved or take the position that somehow this guy compromised or did

something to stop the investigation. so i mean, i just think you know, what jenna, discretion is the better part of valor, and this detective should have exercised a bit of it in this instance, and hopefully in the future he will. jenna: apparently it seems like that's the path it's moving towards. >> exactly. jenna: it's interesting to see we get these images, law & order, csi, you see them all the tile on the news and the real images are the ones that get our attention. rod and fred, nice to have your perspective, this is a story we'll continue to follow. >> thank you for having me, jenna. jon: one miracle catch. meet the firefighter in the right place, at the right time, when a six-year-old boy is dropped from a burning building. and the firefighter is there.

megyn: hey everyone i'm megyn khel yes, president obama suggesting republicans are too dumb to understand his jobs plan. is that the hope and change he promised? plus, the parents of

baby lisa irwin say that their cell phones were stolen on the same night their daughter was abducted. did police track those cell phones? where to? where are they picking up pings? we've got the information. plus, why detective mark furman will join us live to explain what he now thinks -- why he thinks the mother of this missing baby should be referred to from this point forward as the suspect. see you top of the hour with more of my exclusive interview. jon: right now, one amazing catch in boston, and it didn't happen at fenway. boston firefighters say it is a miracle everyone made it out alive, a 6-alarm fire, engulfing an apartment house, nine people were hanging out of windows and ledges, screaming for help, when firefighters arrived. one of them, a six-year-old boy who was being held by his grandmother, three stories up. a firefighter is standing there, on the ground, desperately telling her not to let him go.

well, she did. and the firefighter made a remarkable catch. lieutenant glen mcgillebray of the boston fire department joins us now. you were telling people, despite the flames, to stay in that house, to try to stay in, right? >> i was telling them to hang on a little longer, that we had resources coming that would basically effect as many rescues for the people hanging out of the windows at the time that we have different companies responding from different directions, so that way, we can access the building from different areas to reach as many people as possible. jon: you've been on this job a couple of decades. it has to be pretty scary to pull up and see a situation like that. i mean, people can get hurt coming out a third story window. >> exactly. that's why as soon as i

exited the truck, seeing the people up in the windows, my first job was to try to keep them calm long enough for us to get our ladders into place, to safely evacuate them from the building. jon: we have some video right now of a little xavier after he came out but his grandmother, judith lamm, was essentially leaning out the window and as i picture it, as i understand it, she's sort of holding him with one arm, you were talking to her and what did you say? >> that -- when i saw that she was holding the baby, or the grandson was moving about erratically, very nervous and frightened about falling to the ground, i told her to wait, do not drop him until i could determine whether or not we could immediately get a ladder into place to rescue them. i felt there was not enough time before the ladder would

be placed, her being able to hang on to the grandson, so i positioned myself underneath, then instructed her to let him go, drop him. jon: so it was dark, she drops him, and you made the catch. >> i made -- thank god, he landed in my arms, i immediately just handed him to another person who was there on the sidewalk, because my focus immediately had to shift to now the getting the grandmother to the ground safely. >> how does it feel to catch a six-year-old coming down from three stories up? >> it's one in a million. i'm hoping i do not have to effect a rescue by that method again. that we're in time with our equipment and ladders to reach everybody safely. jon: in 22 years, you've never had to do that before? >> not to have somebody jump out of a window into my

arms, no. jon: i think tom brady and the patriots would like to talk to you! it's great to hear your story. >> lieutenant glen mcgillevray -- you've got a difficult name -- boston fire department, congratulations, young xavier is doing okay thanks to that man. jenna: good hands there, good hands! >> in the meantime we're going to turn to this story out of california. nice to have those good fuse stories to share with you. this story, though, is about a high powered heist, what they took from a local s. w. a.t. team and why locals want to find them. more americans are going to the emergency room than ever before. what's actually happening there, what does this mean for the higher cost of health care, and what's going on? more after the break.

jon: more and more americans are going to the emergency room. a new cdc report finds e.r. visits at an all-time high, a jump some doctors attribute to a growing demand for quick service ansr? let's talk about it with dr. leland ocker from the university of maryland school of medicine, up 13 million visits in just one year, doctor? >> yeah, it's incredible, double the population rate. it's 136 million, as you said, a 10 percent increase. so it's a huge amount of people going to the e.r. jon: why is that is that just people who don't want to go to the local doctor and want to go to the emergency room? >> no, two isn't -- it isn't, 15 percent are

uninsured. it's the elderly coming, they have multiple medical problems and they sort of supplement their care with it, there aren't enough primary care doctors, there's going to be a 90,000 doctor shortage in the next decade and all of this sort of compounds with people needing care and the cdc also said, 92 percent of patients coming to the e.r. need to be seen within two hours, so you need -- they are emergencies, they need to be seen right away. jon: as i understand it, doctors complain there's also a liability issue at work here, that emergency room physicians see people present themselves as they don't want to get sued if they turn them away so they say okay, come on in. do i have that right? >> it's not so much that. there is a federal mandate that says we see everyone who comes in, regardless of their ability to pay, and take care of those problems. and really, out of the total health care expenditure of $2.4 trillion, only $47 billion every year is attributed to emergency care, so it's only 2 percent of the budget, but the liability comes in, then,

what happens to the patients afterwards, an there were two new studies at the american college of emergency, physicians meeting this past beak -- past week, one study said that e. rerks doctors, which questioned about chest pain patient, only one third of them were kept in the hospital whereas if they had the symptoms themselves they would have discharged themselves so, they're worried about liability, better safe than sorry, and another study looked at heart failure patients and they've been discharged, two-thirds of them are being kept in the hospital longer as opposed to being discharged from the e.r., and it is because of worries of liability. jon: the mess goes on. dr. lee voinocuer, thank you very much. >> my pleasure. jon: we'll be right back. you had me at "probiotic." [ female announcer ] phillips' colon health.

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jenna: police in california are trying to track down a group of thieves as fast as they can. this theft particularly troubling because it happened at a s.w.a.t. team barracks, rick? >> reporter: this is a

training team for the lapd's s.w.a.t. forces, so this is particularly embarrassing. thieves making off with the arsenal sometime between last wednesday night and thursday morning. a deputy police chief says the weapons were brought to the location, store inside a locked box but nowhere to be found the next morning, the locks on the boxes had been cut. we're talking about 30 weapons including 15 machine guns that are still missing, and a lot of those weapons have been converted to just fire blank bullets, but if somebody knows what they're doing, they can make them operational again. the deputy police chief calling this embarrassing, saying the force is very concerned about this, and we'll keep you posted as they try to track down the weapons and the thieves who were responsible for taking them. and remember when my fancy wall monitor went black -- jon: yes. >> reporter: we called the help desk. liz, our stage manager, coming to the rescue and making sure that the wall mop to have