the show show. >> brian: don't forget the after the show show and don't forget tomorrow's show. amongst our guest, michelle malkin, and kilmeade and friends starts in six minutes. bill: thank you guys! 9:00 in new york, good morning, they have 28 days to cut $1.2 trillion, and the clock is ticking, a group of 12 lawmakers, the supercommittee, 12 lawmakers, they have substantial decisions to making and soon and we will get a look see at this group today, good morning, we're rocking the red, aren't we? >> martha: we are rocking the red, good morning, bill hem he, folks at home, it's great to see thank you morning. they call them the supercommittee right but the members of this group has been pretty quiet over the past month or so but they're going to hold their first public hearing this morning and we're going to hear what they have to say. bill: we're going to dip in on that. will they reach a deal? this has implications for

everyone. stuart varney, simple question, can they? >> so far there is real skepticism they will get a deal to cut $1.2 trillion from the decifit in the next 28 days. now, remember, they have been meeting in secret, whatever leaks that have come out have been rather vague but they have been leaked which suggest the two sides are miles apart and that is on the $1.2 trillion worth of cuts required over the next ten years. that's the target. skepticism. bill: financially speaking, is $1.2 trillion enough? it's a lot of loot. >> it's miniscule. it is miniscule. you're talking about taking $1.2 trillion out of 30, $35 trillion worth of spending over the next ten years. the rating agencies which check out america's creditworthiness say no, no, no, you've got to do three or $4 trillion, and there's no question that we'll get anywhere near three or $4 trillion. that's not going to happen. so bill, that word "downgrade" that we had in

august is being repeated, that word is out there again. bill: you talked about that two days ago. give me an example of how big this problem is for every day americans, stuart. >> the average family puts into medicare $119,000, over the lifetime of their working lives, in, $119,000, taken out, $357,000. nearly three times what they've put in. and this is at a time when you've got baby boomers retiring and becoming medicare-eligible in vast numbers. that's not sustain afnlt that's how big this problem is. that's how big the problem is to wrap your arms around. very difficult. bill: and that arrives on the front porch of every american. stuart, see you on fbn. martha: the number two democrat in the house says he's not so sure the supercommittee can reach that magic number we're talking about by that november deadline. when asked about the chances, house minority whip steny hoyer said this quote, time is short, doesn't give

me a lot of confidence. how does that make you feel, snoaks hoyer says you cannot entirely rule out a possible deal coming out of this committee. that's encouraging, isn't it? >> bill: that much. martha: this much. bill: let's take a closer look at why this committee matters so much. if there is no deal by thanksgiving, and that's what's mandated in the law, we will see across the board budget cuts in most program, including defense and medicare. it hits the left and right. the committee could also make recommendations that would raise taxes on most americans and raise the medicare eligibility age from 65 to 67. the military would arguably be hit the hardest. in a few moments we'll talk about what the cuts could mean to the national's defense with 4-star general jack ke. ne, he's in the house. martha: the white house said they needed to scrap a major part of the health care law because it was financially unsustainable. that raised questions about

the whole deal. but president obama came back and said no, he wanted to keep that, despite the fact that the hhs secretary said it couldn't work, so now there's a congressional hearing that's going to go on today, looking into this -- it's known as the class act. steve centanni is looking into this for us. steve, what exactly do we expect to happen at this hearing this morning? >> reporter: martha, some members of congress have serious questions about this program, now suspended by the obama administration because it's financially unsustainable and they want to repeal it permanently. the hearing getting underway in a few minutes, you saw the hearing there, it's the house subcommittee on health, oversight and investigation, chaired by joe pitts of pennsylvania. what will this mean for the federal decifit? that's the big question. the program was spearheaded by senator ted kennedy before he died and that's largely why it was inserted into the health reform act but republicans opposed part of it all along, in fact, they opposed the whole thing, and they would like to see omabacare repealed. the health care law could be

facing serious questions. you can see congress pitts gaveling this hearing to order right now. so tough questions we could hear on this panel today, martha. martha: very tough questions, but then you've got the whole question of long term care and the rising cost of long term care, so is anybody getting to the point of figuring out what we can do about them? >> well, that's a big problem, and it does continue, regardless of what happens with this class act, 20 million people will need long term care at some point in the coming years, but only about one third of them have any kind of private insurance. often the government pays the cost through medicaid programs, after the patient has spent all its assets. some republicans proposing a different system, creating tax incentives to help people buy private coverage. in the meantime the administration says it does not want to totally abandon the class act, even though it says it doesn't want to implement it, so this is leaving some in congress scratching their heads, looking for clarification and preferably looking to repeal it all together. martha: those are the efforts underway on capitol

hill to get some of that clarification, thank you steve. bill: we have this morning, the occupy wall street protest movement taking an ugly turn in oakland, california, protestors clashing with police and police in riot gear now for the second day, firing tear gas to try and break up those crowds. listen: >> they shot tear gas into the crowds, women, children, grandmother, grandfathers, they're all standing in the same spot. >> it was ridiculous. they didn't need to do it. they weren't doing nothing but talking. bill: many of the protestors have left the area and police are patrolling the plaza where they were set up, removing what, if anything, has been left behind. there are dozens of arrests, just yesterday there. martha: well, we've got in new polls out this morning from the battle ground state of ohio, and right now, there is good news in this data for president obama. he leads his republican challengers there. former massachusetts

governor mitt romney, the closer competitor, the president leading him by four percentage points, 45- -- and we'll look at those numbers. he remains top of the pack, now in the second poll in two days, herman cain. that's significant. bill: meanwhile rick perry laying out that tax plan. it got a lot of attention yesterday. michele bachmann was talking about her own tax ideas and responding to reports that the new hampshire campaign staff jumped ship from last night. >> we're in the process of hiring new people in new hampshire, we're hiring new people in south carolina and iowa, but quite honestly, nobody asked me about the staffing and what's going on. what they talked to me about is my real jobs right now plan. my plan has everyone paying something. that's -- i disagree with governor perry and with herman cain and various other plans where they don't require every american to pay something. martha: all right. jon huntsman also out there talking taxes, he says that the country's system, the

whole thing, needs to be phased out. >> our taxes are outdated, they are dilapidated, they are anaconistic so i started with taking the system and saying on the individual income size, we're going to phase out loopholes and deduction. sue: everyone likes a sales tax, but if it's introducing another revenue stream, i don't like that and if it's a nonstarter when it gets to congress, i don't like that, either. you've got to have something that is actually in the real world. martha: huntsman also bragging he's the only republican running for the white house who has spent a ub substantial amount of time, of course overseas in china. bill the president continues his west coast swing, he was on late night with jay leno, saying he is waiting for the republican presidential field to narrow itself down, survivor style. >> you have been watching the gop debate?

>> i'm going to wait until everybody is voted off the island. [laughter] once they narrow it down to one or two, i'll start paying attention. bill: he's warning supporters if he loses next year, the government will tell people they are on their own in the hands of republicans. is this the rhetoric that we are up for? we'll debate that coming up later this morning here from last night. martha: he said two wise parenting tips, cut down on your kids' cell phone use, this is excellent advice from the president of the united states, and also, even though he referred to survivor, he's gotten a lot of heat for pick -- on the kardashians, and he says i'm not impresswood this reality show phenomenon and what it's doing to thursday own conditioned that's not a bad thought from the president this morning, and we've got about -- got this, it's

about a year to go before nine election -- before the election. a new poll finds a whopping 89 percent don't trust the government to do the right thing. that's a pretty ugly number. americans aren't feeling very positive about the state of the economy in this country, either, 86 percent say it is bad, and this is the uphill climb that the president has right now, 14 percent say we're in a good economy. i'd like to meet those 14 percent. we're going to talk to democratic congressman dennis cardoza who's been outspoken about the economy and what he viewed about the obama administration's inaction he says on the housing crisis. bill: he's throwing balls on his way out the door, too, because he's not running for reelection. his district in california has been decimated. he's coming up. those are many of the stories we're watching. mitt romney is in the hot seat, yet again accused of flipflopping on a big issue. we'll tell you what that issue is in a moment here. martha: rick perry talking to bill o'reilly about his optional flat tax plan. we've got governor bobby

jindal on how he did inside the no spin zone. >> these debates are set up to tear down the candidate. if there was a -- mistake made, it was doing the campaigns, when all they're interested in is stirring it up between the candidates. [ female announcer ] for frequent heartburn sufferers,

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martha: texas police are hoping surveillance video will lead them to a man who's been terrorizing alumni of a local sorority, investigators want to talk to this man who you see in the corner of this screen here, after four members of the same sorority, all graduates, were raped in their own homes. delta sigma beta warning members not to war or display signs of affiliation with this group right now. >> these women have been violated in the worst form and it happened in the one place that they felt the safest. >> we believe that there's somebody out there that once they see this video and they

see his walk, they see his dress, they see possibly just the way he carries himself, that somebody out there may know who this person is. martha: these attacks apparently date now back to last november. so going on almost a year. but it's brought together in an interesting way. bill: every clue is important, too. rick perry, you know, touting his plan for tax reform and spending dmuts washington, the texas governor was in the no spin zone with bill o'reilly talking about why he says his plan will work: >> that's the size of the tax return right there that we're talking about doing. you can stay with the old system and have the lawyers or accountants or put this postcard in with 20 percent. bill, i truly believe you've got to grow your way out of this. the bottom line is we've got to cut the spending. bill: any next guest is supporting rick perry, louisiana governor bobby jindal live in baton rouge, good morning to you, how you

doing? >> bill, i'm doing great, thank you for having me on your show. bill: welcome back here. you support his tax proposal. why? >> i do, absolutely. you know, for too long, if in the last three years president obama has tried to grow the economy by growing government spending, governor perry understands that if we want to grow the economy we've got to start by cutting government spending, with that -- we've had trillion dollars plus deficits three years in a row, $15 trillion in debt, every american now owes $46,000 of federal debt that has been borrowed in our name. the reality is we've got to reverse course. under president obama, federal spending has grown to 24 percent of gdp, under rick perry's plan, we'd go back to the historic norm of 18 percent of gdp. the fundamental thing the flat tax plan does is this: in this country we should stop punishing success. if you want to discourage prosperity, tax it. we've discouraged, we've taxed excess. you look at the combined tax

rate compared to other countries, we have the second highest corporate tax rates, and the problem is jobs are going overseas. bill: does he -- he kind of had to come out with a plan, right? you look at the polls numbers and herman cain continues to get more and more traction, because people are locking into his message about 999. you'd agree with that. he had to have an idea that went public, right? >> even more than the poll numbers, you look, governor perry a couple of weeks ago put out his energy plan about more domestic exploration, more dollars spent at home, more than a million jobs created. with this plan he's providing a bold contrast. looking at the numbers -- >> bill: hang on one second. sorry for the interruption. what is the contrast, then? >> well, the clear contrast is under president obama, he wants to spend more of our money, raise more taxes, borrow over a trillion dollars from china, he wants to continue to grow the federal government. under governor perry's plan, you look at not only is it a

flat tax system that will -- by the way, dramatically reduce the $483 billion that americans spend to comply with the current tax code, but secondly, you see a moratorium on regulations, federal regulations according to sba cost a trillion dollars today, $10,000 for every manufacturing job, third, you see specific reforms in social security and medicare, that helps secure those programs for our children and grandchildren, and finally, you see a commitment to a balanced budget amendment to finally stop the borrowing. so we're not leaving our children and grandchildren with so much debt that we're actually leaving them fewer opportunities than we inherited from our parents. you put all this together you've got a comprehensive plan to contrast, where president obama is trying to take u. the direction of the europeans -- you look where greece is -- >> bill: i mentioned herman cain but really, governor perry is putting his sights on governor romney and you can see it in the debates when the men stand side by

side. here's what he said last night about the former massachusetts governor: >> i don't know if there's strain. there's certainly a difference of opinion about philosophically where you stand. i mean, you can't change from one election to another. >> i think in his own words he says listen, i need to say whatever i need to say, for whatever office i'm running for. bill: he also said how do you change at the age of 50 or six on your positions on life, position on guns, position on traditional marriage. these guys aren't hanging out on the weekend, are they? what's the true nature of the relationship as you understand it? >> look, bottom line is, politics is a full contact sport. you and i were talking about sec football before. we play in the toughest conference, sec west. as a result, if you can survive the sec west you'll be a national champion. i believe this is going to be spirited debate. at the end of the day, whoever our nominee is is going to be better than president obama but is going to have to run against president obama and have probably a billion dollars of campaign dollars, there are support of the mainstream media, so for many years, the republican

party, we've kind of preselected our nominee. i think a free debate of idea social security a healthy thing, but then once we pick a nominee, whoever we pick, i'm supporting rick perry, whoever we pick would certainly be better than president obama and i'm going to be ready to support our nominee. i think it's a good thing we're having a full debate and vetting our candidate. bill: full contact sport indeed. governor, thank you, we'll talk to you down the road, bobby jindal out of baton rouge, louisiana. martha: this morning, there are new developments in the search for a missing missouri baby. we're going bring those to you. a high school teacher on trial for having sex with members of the football team. now why a witness said she had her defense completely planned out, even before she was caught. bill: also an update on john edwards, accused of using campaign funds to cover up an affair, why his lawyers say the whole thing should be thrown out. >> the senator now will be riding somewhere and elizabeth was tracking his cell phone use, because she was -- she had known about previous affairs, she

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bill: 24 minutes past the hour, nato delay ago meeting to decide whether or not it should stay in lib yark the intern governmento interim government saying it may end as soon as this month. lawyers for john edwards trying to get his criminal case thrown out, they claim it was spearheaded by a republican prosecutor bent on taking him down, the prosecutors say there's no basis for that. >> future hall of famer brett farve singing the praises of troops in his home state of mississippi. >> we all have the will, and some have more.

bill: did you get that? kind of like in a tin can. martha: it was a lovely sentiment though. bill: farve hung out for photographs and that's what you do when you retire, right? >> martha: yes! well, here's a totally different kind of story for you folks. she's a 33-year-old high school teacher, she's accused of having sex with several members of the football team. yep, but now witnesses are testifying that the whole time she had her defense ready if ever she were to get caught. rick leventhal from our new york city newsroom, what are students saying about what her plan was? >> reporter: they're saying that she was impaired and she could claim she was insane but the students also say she knew exactly what she was doing, stacy schuller was a gym teacherrer and atathletic trainer in south mason, ohio but after the bell rang she's accused of inviting

students to her home for booze, drugs and sex, facing 16 charges of sexual battery and three of providing alcohol to minors, schuller allegedly hatched a plan to beat the wrap before she was ever caught. students are testifying off camera at the trial because of their ages. >> she talked about how she would just trying to plead insane, because -- >> [interruption] >> there was a problem with the sound bite there. they said she would try to plead insane because of her divorce, she had a bad divorce. schuller opted out of a jury trial so the judge will decide her fate and she faces up to five years in prison on each of the 16 sex counts if convicted, martha. martha: rick, many of these key witnesses are the students involved in all of this, right? >> reporter: right. that's why we're not seeing then. her alleged victims, testifying in graphic detail about what allegedly went on inside schuller's home, describing encounters in the bathroom, bedroom, including friday night sleepovers before saturday football practice, female students

also testifying that schuller confided in them and while they tried to protect her at first they later decided she should be punished for what the boys say happened. >> was it weird seeing her on the floor saying you can do whatever you want to me. >> naturally, yes. >> well, the prosecution rested its case afternoon. the defense has already called two witnesses to the stand this morning. martha, we will keep an eye on this trial for you. martha: wow, that's an interesting one. good to know where your kids are, especially if they're sleeping over the a the teacher's house friday night! rick leven thawm. bill: the million, our troops bracing for what could be a round of drastic cuts, general jack keene on what that means for their safety and ours at home. martha: and mitt romney, accused once again of flipflopping, and this time, it's a big debate that's going on in ohio. >> you don't win ohio, it's real hard to become president of the united states. and so if i'm fortunate enough to become our

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here is what he recently told a group of volunteers trying to keep the law on the books: >> i'm not speaking about the particular ballot issues. those are up to the people of ohio. but i certainly support the effort to reign in government so i'm not terribly familiar with the ballot initiatives, but i'm certainly supportive of the republican party's effort here and happy to have the endorsement of the congressman. >> i know that ohio plays kind after special role, and you all know that, in selecting the president of the united states. if you don't win ohio, it's real hard to become president of the united states. bill: that is a fact, if you go over the past 40 or 50 years. now, rick perry's team is calling romney a hypocrite on the issue and that issue is on the ballot about him november -- come november 8th, senate bill five. watch that in ohio when they go to vote. why is ohio so important? on the map behind us, ohio always tells such a fascinating story. go back to 2008 when barack obama was taking on john

mccain in the state of ohio and on the map here again, red is republican, blue is democrat. in the buckeye state, not much of a problem there. a difference of five points between barack obama and john mccain and the democrat winning that state. back in 2004, ohio is what gave george bush a second term. between john kerry and george bush, only 118,000 votes in the end separated these two men. george bush won that state by two points. in the economy, a bellwether in so many states right now, red, the darker the red, the worse you are, the lighter color of green, the better off you're doing. for ohio right now, a bellwether in so many ways, the national unemployment level is at 9.1%. what is it in ohio? it's 9.1%. again, reflecting how much ohio can tell the rest of the country. new polling numbers, quinn teeac polling put the matchups together right now, president obama with a

four-point lead against mitt romney in that poll. how does he do against herman cain? the difference is greater, up eight points, then you grow perry in the mix, it gets larger e.47-36 percent, favoring president obama in ohio. november 8th, watch that story from the buckeye state. martha. martha: thank you bill. well, the military is facing drastic cuts as congressional the exr committee cannot come up with the plan to slash $1.2 trillion from the federal budget over the next ten years and the word is that isn't going that well. we'll get information in a while. joined by general jack keene, a retired four star general, served 30 years in the army, a former vice chief of staff for the army and fox news military analyst. general, good to have you with us. >> good morning, martha. martha: obviously, folks in the military and around the country, really, are very concerned about this, because if they don't come up with a savings of $1.2 trillion, then the sequestration kick necessary and they start grabing from

a bunch of different places and half of that savings would come from the military. that's a big chunk on top of already $450 billion, i understand we've cut over ten years, right? >> yeah, what people don't understand is we've been at war for ten years, so the military has not modernized. our discretionary money has really gone into that war and the items we needed specifically for that war, and since that time secretary gates as already taken out $200 billion for efficiency and the obama administration has given secretary panetta another bill of $485 billion over ten years. so those cuts alone, most of us believe are already too steep, much less had another $600 billion from the supercommittee. that would devastate the military. it would hollow us out as it did after world war ii, after the korean war, and after the vietnam war. martha: let's take a look at some information that peter brooks put out there from heritage foundation. and this is what he estimates would happen to our forces if, indeed, we

saw these cuts. he says the marine corps would shrink to become the smallest it has been in 50 years, the army would go back to pre9/11 numbers, the air force, you'd have two-thirds fewer fighters in the air force, and bomber, than you did in 1990, more than 20 years ago, and the navy would lose 1-2 aircraft carriers, he estimates, of the battle group and that would bring us to nine, which would be the smallest fleet we had since before world war i. what do you think of those numbers, do they hold true to you? >> well, the secretary and service chiefs and their secretaries would make the cuts, they would have to make the choices themselves. they would probably be different than peter. but the cuts would have to come from some place. what it would mean is the army and marine corps would be considerably smaller, probably, the army, 80, 90,000, the marine course, 30, 40,000, then they would have to reduce the fleet in navy and reduce the airplanes in the air force.

you have to go some place to get those kind of cuts. it would be very dramatic and devastating. martha: he also estimates that that would mean cutting about 1.5 million jobs that he says would equate to about 1 percent unemployment in terms of an increase in that overall number. but most importantly, perhaps, or equally importantly, perhaps, would be the impact that it would have an some of our -- on china, on russia, on iran, what their reaction would be. how do you think they're interpreting this as they sit back and watch all of this? >> well, what the united states military has done most of the time is not fight. what it frankly does is deter others from getting into conflicts. so we're a major deterrence force in the world, and we've been doing that for years. we would lose that edge, in my judgment, if we were weakened to this degree, and it would encourage conflict, it would encourage the thugs and killers to take advantage of their own people or to move on other nation, and certainly china would be emboldened by the

united states military being so devastated that it would lose its influence in the pacific. martha: china, i understand, increases its defense budget by about 10 percent per year. that says a lot about the way they're looking at the future. >> well, china, while its defense is not as large as ours, it is the fastest growing defense in the world, and they clearly are moving towards a military power in the pacific, and they certainly want to edge us out of the influence that we currently have. martha: general keane, we thank you very much for being with us today. it's important to look at these numbers and think about what the impact might be. >> good seeing you, martha. martha: take care. bill: going to know a whole lot by the end of this month. >> martha: sure are. bill: the economic crisis has many baby boomers reevaluating numbers for the golden years. a new poll shows this, only 9 percent of those between the ages of 47-65 are convinced they'll be able to live comfortably in retirement, 38 percent are somewhat confident, one third say they are not

convinced, 20 percent say not at all. many say their savings, investments in homes have taken such a hit they'll have to put off their retirement. you know what mom and dad say, though. martha: what do they say, bill? >> bill: you know, billy, there's no such thing as the golden years. the only thing that's golden about them is the gold that goes out of your pockets! classic line. martha: well, your 401(k) is a little better now. maybe a teeny bit better. the dow is up 126 points now. we seem to vacillate between decent earnings that people are happy about and the following day, we hear the european debt crisis is going to take us under. there's a look at that. bill: also apparently the germans are talking about they're going to up the ante about the amount of money they'll put in the rescue plan. it's not done yet and we're not quite sure when it will be, so that's a weigh-in. martha: so we stand by, we wait. bill: we're good at that, aren't we? an ration -- immigration controversy in california,

mexican identification as a form of valid i.d. we'll tell you where that's happening. martha: plus, breaking news this morning in the search for baby lisa. there are new reports that police now plan to question lisa's two brothers. we're going to talk to the irwin family attorney about that, coming up next, right here here on "america live". >> is it true that you're getting paid to avoid local reporters? >> not at all. >> then why won't you talk to us? >> because we're grieving.

martha: all right, swre another bright story to bring new a very dark situation in turkey, because there's been another remarkable rescue, a teenager who was buried in the rubble for almost three days, pulled out alive, 18 years old, carried out from the rups of an apartment building. look at these pictures. these folks have been doing such amazing work to get in there and save those who managed to live through all of this. the 27-year-old teacher was rescued as well. right now there's an around the clock search for survivors because the clock

is ticking. it's been wa, three days now, so far, the quake and aftershocks have flattened 2000 buildings, 459 people lost their lives and thousands of people were injured. bill: we have breaking details in the disappearance of 11 month old lisa irwin, new reports that police now question to -- plan to question the baby's two brothers, ages six and eight, cindy swartz out of new orleans, good morning to you. will these interviews happen with social work sners. >> they will happen with what are special certified forensic interviewers, who are specially trained to interview children. understand that the boys have been interviewed previously. they were interviewed on october 4th, shortly after the police were called to the scene, the parents gave permission to the police to allow the children to be taken to a place in kansas city where specially trained interviewers were there. bill: october 4th was the day lisa vanished.

>> that's true. bill: you have no objections then for these young boys to be interviewed again? >> it's a balance of understanding the needs of these children and the best interests of these children and the need for law enforcement to have as much information as they can possibly get. so that is a balance that we've had to consider. bill: will the parents agree to separate enter views with police? >> for the children? >> bill: no, will the parents agree to do their own separate interviews with police? >> bill, the parents have done numerous separate interviews with police, shorting -- starting on october 4th, both were interviewed separately for well over ten years. those interviews continued in various stages over the next days, through october 13th, and so the parents have answered many, many, many questions. we are open and we have a line of communication with police and are, under the right conditions, would

answer any more questions that they might want to pose. bill: what conditions would be necessary in order to grant that for police? because you know they want to do it, the police do. >> right. i understand that. i think that, you know, over the course of all of these weeks, the focus has been so focused on the parents that we are concerned about looking other places. and so the conditions would involve speaking with people who we could have a trusting relationship with, be in a situation where we're being asked -- >> bill: do they not trust the police? >> i think -- you know, if you sit through many, many hours of interviews, in which you are the subject of accusations, there is a waning trust. and the trust is not gone, by any stretch of the imagination, but if we're going to have a productive conversation, then it needs

to be with people who can meet with them with an open mind, a clean slate, and get the answers that they think that they haven't received yet. bill: how are his pair -- how are the parents doing by the sphwhai. >> they are struggling. i mean, it's obviously a very abnormal situation, they are on a roller coaster of emotions, they are doing everything they can to make the boys every day as normal as possible, so it's very, very difficult. bill: what you were saying is that they are open to another separate interview? >> they are open to -- >> bill: so long as the conditions are right. >> that's right. bill: you took a crew from abc, good morning america, into the home two days ago. why was that important for you to take a camera crew in there, and what did you see that you want the public to know? >> i think that we were dealing with the issue of the search warrant and the perception that the parents were somehow obstructing searches of their home when, in fact, they had signed consent after consent after

consent. we have this issue with the cadaver dogs and one of the things i noticed in going into the house was that there was no evidence that any portion of that rug had been taken, which you would do in an investigation if you have any kind of evidence, whether it's scent evidence or physical evidence, you collect it as part of your case. bill: apparently we get reports they collected a carpet from inside the house or some sort of rug or is that true? >> it is not true. there are seven items listed on the search warrant. there was a carpet that was paraded out from the back of the house to the front of the house and like you everyone else -- >> bill: not that property. >> it was put back into the garage where it had come from. bill: cyndy short, we're going to stay in touch with you from new orleans, thank you. for viewers at home, as this mystery continues, go to foxnews.com/"america's newsroom", click on the bya and leave a question, or

twitter me, bill heller, lines are open, because you asked, bya, as the mystery of lisa irwin goes into yet another week. martha: there's a lot or known in that situation, that little baby, somehow out there, we hope. it is not the first time and it probably won't be the last. presidential candidate rick perry gets compared to former president george w. bush. both campaigns promised to veto runaway spending in washington. now our own neil cavuto takes mr. perry to task on that very issue. >> the concern is, you know, rick perry might talk a good game. george bush talked a similar game when he was running for president. what's to stop from folks listening to this, watching you, governor, saying they were promised that, then that? and earned this heart, for being heart healthy. ♪ feel the beat?

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bill: police in nebraska say they have never seen anything like this before. a welfare check, leading them to two kids, ages five and three, who were locked up in an animal kennel. officers say their home was littered with garbage and police arrested four adults, living inside that home, reportedly telling police they were trying to make sure the kids didn't climb out the window! martha: all right. let's move on to this. the trial of michael jackson's doctor is well underway, and the jury is hearing some dramatic testimony from a nurse who refused to give jackson the drug that ultimately killed him. adam housley is live at the california superior court in los angeles. so adam, very interesting testimony coming from her. tell us about this. >> reporter: yeah, martha, some of the most emotional testimony we've seen so far in this case. what the idea is with this prosecution, cheryllynn lee, was to show that michael

jackson was basically addicted to sleeping drugs, addicted to trying to find this stuff to help him sleep, help him get through his difficult times, as he continued to tell her, in fact n. a face to face meeting on a number of occasions that he couldn't sleep. she even was asked to stay there one night and watch him toss and turn. now, as part of this cross-examination, the prosecution had her admit a couple of things, one that even she knew that propofol was dangerous and also, that she warned michael jackson he may never wake up. take a listen: >> you indicated to michael jackson, i understand you want a good night's sleep. you want to be, quote, and used, quote, nobd out, but what if you don't wake up? correct? >> yes. >> and he responded, again, i will be okay. i only need someone to monitor me with the equipment while i sleep. >> yes. that's exactly what he said.

>> we also heard from concert promoters yesterday talking about how jackson wasn't well in the lead-up to the concerts that was supposed to happen in london. martha: what do we expect from the defense today adam? >> reporter: we're getting close to the end of the defense's case, we have five character witnesses expected on the stand, talking about how dr. murray is a good guy and good doctor. the prosecution tore him down with some of their witnesses. then we have the two more big witnesses with the largest of all being dr. paul white, he's expected by thursday on the stand martha. martha: adam, we'll watch and talk about this more later. thank you very much. bill: if you are a fan of netflix, listen up, the stock taking a huge hit, falling 35 percent in one day of trading, 800,000 subscribers have dropped netflix, reports, most are unhappy with price increases and slipping -- and slipping up the dvd and streerming business. it's trading down to 76 buck as share, netflix.

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will file in momentarily from this bipartisan group of lawmakers and their big task is to find $1.2 trillion they can cut from the budget. the stakes have literally never been higher in all of this. that is how we start a brand new hour this wednesday on "america's newsroom." i'm martha maccallum. bill: pressure in the room. martha: let hope, let's hope they feel pressure. david: i'm bill hemmer, everybody. six democrats, six republicans. one goal. slash $1.2 trillion by thanksgiving and get it through the senate before christmas. martha: if they fail harsh budget cuts will kick in automatically. that is according to the law they passed when got through the debt ceiling issue. douglas holtz-eakin is here. >> good morning. martha: former head of the congressional budget office now head of the american action forum. you spoke at the republican conference. what did you tell them, doug? >> the real focus for the

super-committee will have to be entitlement reform. but today's hearing is about the annual appropriations by congress. something we thought was settled back in august when they put caps on the annual spending for the next 10 years. they're revisiting well-trodden ground in advance of having to file the final report next week. martha: they're looking at discretionary spending cuts. not digging into entitlements, not medicare, not medicaid. announcing perhaps the things we talked about ages ago on the debt commission. raising age of social security a little bit. for people way down the road. not people get it now. doing means testing for recipients. none of that is on the table today? >> everything you describe inevitably will have to be the focus of the congress and the super-committee but that is not what they're talking about today. i think the main objectives will be to put cbo director doug elmendorf on the spot how long it will take to give the official numbers on the proposals. number two, the republicans

have to cut defense spending. that is what i expect. martha: have they been running numbers through cbo. what does this look like? come back to us with your report? >> unquestionably they have given them whatever they can agree on in advance so cbo can get some of the work done. it will take a while for the cbo to produce a final report. members want to see it days in advance, not at the final minute before they vote. martha: how meaningfully that is the most important word here, cut $1.2 trillion in the budget by thanksgiving? >> i'm mixed emotions. i think less than 50/50 they will make meaningful cuts. i think they get the number but a hodgepodge of nicks at edges but no big changes. entitlement have to be reformed. social security, medicare medicaid and health care reform. martha: we'll see, doug, thank you. doug holtz-eakin, former head of the cbo, congress

pull out all the stops to get this done. the national debt goes on and on. our debt increased by $360 billion since the beginning of august. that is $4.2 billion a day since the deal to reduce the debt was made 85 days ago. that puts us about 60 billion away from 15 trillion in red ink that would be a 100% debt-to-gdp ratio. that is not where you want to be to be healthy. martha: the super-committee is at work. they are really a last resort that was designed to circumvent a single-digit approval rating for congress which you've seen. the numbers are very ugly now for congress. so they appointed this committee to get work done that people think they ought to do themselves as a group. "cbs poll" out there, 9% of federal lawmakers are doing a good job. that would not get you a raise in the next year in the restrd world. that is the lowest number since they watched this back

until 1977. just 10% trust the government to do the right thing most of the time. that is not just one side of the aisle. this approval is dead-even for democrats and republicans with independents weighing in even higher. you ask yourselves why some outside the political perspective get attention in the gop nom naics. that is why. bill: those numbers would get us fired. martha: they sure would. bill: what to do. president obama announcing he plans to tell students that he will help them pay off their college loans. the president says there is proposal out there would help nearly six million that owe the government for their education. ed henry on this at university of colorado in denver. is this another one of these ideas that doesn't have to go through congress ed? good morning. >> reporter: good morning, bill. we saw that in las vegas couple days ago. the president had housing initiative to keep people in their homes. went around congress. he wants to cap cost on student loans 10% of your

income. help people keep money your pockets. consolidation to lower interest cost. republicans want to see more details. they are concerned this is back doorway going around congress for the president to tinker with education policy. they wonder if more consolidation in the industry will that mean loss of jobs in the student loan industry. denver is big city for him. he remember he signed the stimulus into law couple years ago. went back to the site where he did that, the denver museum on nature and science. we talked to voters about end-runs around congress. one republican voter is tired of it. >> you elect a congressman in state to make the votes in representative form of democracy. you don't elect a dictator. >> reporter: white house obviously rejects that. if congress will sit on the jobs bill he won't wait around and take executive action to help people, bill. bill: that state has flipped.

colorado is now a battleground state. >> reporter: absolutely. this has gone back and forth between democratic and republican presidential candidates but the president kind of a glide path in 2008. remember it was almost a coronation at democratic national convention here in denver. that helped him beat john mccain easily because the energy. a lot has been sapped because of jobs and all the rest, bill. bill: that is not a picture behind you? >> people are losing their jobs. it is very hurtful. so whoever can get it done needs to get it done. if it is the president, more power to him. bill: that was the democratic voter here in denver saying look if congress is going to block some of his agenda he has to push forward and so the president is obviously going to be trying to fire up his base here in denver because this is a battleground as you mentioned bill. bill: we'll see how it goes. sorry for the interruption, ed. that is snow behind you? >> steve doocy suggested way as wimp not going outside. we thought we show you the

picture. martha: ed, apparently didn't bring a coat with you i see. >> reporter: i did not. only got a blue blazer. would look ridiculous in the snow. martha: that is october 26th in denver. >> we'll ship you gloves. >> reporter: appreciate it. i will put it on my expense report. martha: go to egypt where a leading human rights group is accusing egypt trying to cover up its role in the death of two dozen christian protesters. video is going viral showing egyptian military plowing into a crowd outside of cairo state tv building. incredible scenes. leland vittert is emstreeting live from cairo. leland, how dire is this situation for christians in egypt right now? >> reporter: it seems to continue to get worse almost by the week, martha. we just heard a report out of northern egypt where it is much worse for christians than here in cairo where a 17-year-old boy was beaten to death by gang of kids at school simply wearing a

cross. socially things are changing for christians here. number of young woman are forced to wear headscarves. you see some of the video as the army took shots at a number about of christians protesting a church burning. a local politician who we talked to here said it is only getting worse. these folks are constantly looking over their shoulder. martha: what a situation. the elections in egypt is a month away. anything politically that might work in the favor of these christians and their freedoms? >> reporter: it doesn't look like it at this point, martha. remember the christian population here is only about 10%. already 100,000 of the most wealthy christians have fled the country because of just how bad it's gotten. they think it will continue to get worse. on the other side while the christians are not that well-organized politically and never had a political party, the muslim brotherhood and harder line groups that want to bring sharia law here in egypt are

much better organized and currently at least leading in the polls. martha, back to you. martha: what an incredibly sad situation for christians in egypt right now. leland, thank you very much for that report. bill: we're nine minutes past the hour now. no passport, no driver's license. no problem. one section of the country accepting mexican consulate cards as a valid form of i.d. we will tell you where. martha. martha: he is a california democrat and he is none too pleased with president obama's response to the housing crisis. congressman dennis cardoza joins us live. bill: president obama, some harsh words for republicans. his vision of a republican white house. >> if we don't work even harder than we did in 2008 then we're going to have a government that tells the american people you are on your own.

bill: got at fox news alert right now. sales of new homes went higher last month, topping

expectations. they rose in september after four straight monthly declines, largely we're told because the builders are cutting their prices. the sales price of a new home fell more than 3%. the commerce department says sales up five points, almost 6% last month but that is less than half of what it needs to sustain a healthy housing market. here are the raw numbers. 313,000 homes sold. you need about 700,000 to signal growth in the market or healthy economy. so you're about 50% of where we need to be. the numbers just in right now here on "america's newsroom.". martha: well, president obama painting a descriptive image of what america will look like if a republican wins the white house in 2012. here he is is during a fund-raiser in san francisco making that point. watch. >> the one thing we absolutely know for sure if we don't work even harder than we did in 2008, then we're going to have a

government that tells the american people you are on your own. if you get sick, you're on your own. if you can't afford college, you're on your own. if you don't like that some corporation is polluting your air, or the air that your child breathes you're on your own. martha: alan colmes is host of the alan colmes radio show. gretchen hamel, executive director of public notice. welcome to both of you. >> hi. >> hi. martha:, alan, you may be on your own, buddy. >> where is he wrong? they want to bust unions. take away teacher collective bargaining rights. they want to defund state police departments. they want to do away with health care. wouldn't have portability. a lot of people would not have coverage. people wouldn't have coverage. they have a list of things you want to do. republican audiences at debates applaud leting a guy in coma die. evenly thing they want death penalty. they applaud all the people rick perry killed. look at actual issue and

issue what the net result would be. where is the president wrong what he said. martha: who is applauding a buy in a coma. >> they didn't applaud a guy in the coma. applauded death penalty and people were killed but they wanted idea of letting someone in a comb die without any health care. >> here's the rub, gretchen. that is that since we made this effort to try to improve your health care system a lot of people feel they're more out in the cold than ever. the things that have been done to embrace us feel us safer in this -- >> a lot hasn't kicked in yet until 2012 or 2013. martha: a lot of cost are rising. >> that is not true. only because of insurance companies. >> since health care has been voted into law, since, you know, president obama has been in office you know the government has grown 89% don't believe they trust the government to do the right thing. 56% believe the government is doing too much. the growth of government really came along with the bush administration.

not just a republican problem. not just a democrat problem. it came with both but the government can't do all things for all people. also i think president obama's rhetoric is just a little too, i don't know, too fearful for this early in the debate? we're a year out from the campaign for election day and he is not supposedly campaigning. >> funny to hear the someone promoting death panels say that democrats are being fearful. you vote for the other guys and we'll get you can intoed basically is what cheney was saying during the last re-election, come on. martha: this other side is interesting. i want to get this in here so we get your response to it. let's play it. >> i know that i'm now a little grayer. it is not as trendy to be obama supporter as it was back in 2008. i was sort of the new thing, sort of like, the new thing. the hope posters, you know kind of faded and a little dog eared.

martha: is that a positive message, alan? >> i think he is being realistic. i think he is acknowledging he is not the new thing. martha, you don't like him. you don't like our president. martha: that is not true. that is not true at all. >> i'm kidding around. martha: when you look at that, you listen to what the president is saying important for all americans to evaluate where he is headed and whether or not the message is one pulling people together and his leadership. so i ask you to respond to that, alan. >> acknowledging he is not the new thing. he doesn't have the same mojo he had going in. this is new. this is hope and change. he is being realistic what the lay of the land is going forward in re-election campaign. martha: show you something i definitely don't like, that is this poll. take a look at this. this concerns me greatly. is the united states in decline? 69% say yes. and you know what? what disturbing me the most about this isn't a question about do you think we're in a slump. do you think we're in a double-dip recession. this is question whether or not the country as a whole is in decline. >> right.

martha: if you're detecting anything negative in me alan it goes to this concern and that is a scarely number. >> let me point out numbers congress has 9% much lower than the president has. martha: absolutely. >> that is terrible. >> gretchen, go ahead. >> historically that is always the case. congress's numbers are lower than the president. >> 9%. single digits? when that has ever happened. >> historic low. >> tell me when ever been that number. >> two years ago. >> 13%. >> two years ago. i think it shows that americans across the board and frankly, you know there is not a ton of enthusiasm for any of these gop nominees yet. we're seeing the high scores in the 20s right now. it says a lot about americans feel about republicans and democrats and people in charge. and you know, across the board, alan, don't you? >> that's why the president realizing that congress is at 9%. he is doing what he can to using the powers of presidency to get something

done. when you need 60 votes in the senate to get anything done because the filibuster rule there is nothing but gridlock. i think the president is representing what the american people want and doing what he said he would do when he ran for president. martha:. >> let's remember that the president's party is in majority in the senate. if the president really wanted to get something. >> ma senator majority doesn't matter when 60 votes. >> can i make a point please? martha: guys leave it there. gretchen hamel, thank you very much. alan colmes. thank you very much. >> thank you. martha: i like you, alan. bill: give him a hug. congress accounting for every dime the federal government spends. why is the state department spending tens of thousands of dollars on president obama's books, we wonder? martha: did michael jackson's former news warn him about abusing the very medication that the coroner said killed him? she was on the stand for her defense. did her testimony backfire? >> you know, i'm sorry for

my vision. it just become a little blurred. if you can just give me a minute. if i could rest a little bit if you don't mind.

martha: welcome back. it is 23 minutes past the hour. you remember of course, "joe the plumber", right? the ohio man made the headlines in 2008

bill: no valid i.d. no problem. police will accept mexican cones sue lar cards as valid form of identification. republican on the california not the north. this top pick real well. did you know about this. sonoma county that this was coming in. >> had no idea. it came as total shock. one of those silly things that pop up. it is kind of hard to figure out what they're thinking. bill: what are they thinking? >> i don't know, in fact, bill, i just made up this card in my office. it is my new i.d. card. i will use it to get on airplanes. if anybody wants one they

can drop by my office here in d.c. we can lam minute nate them and pass them out. bill: good luck getting on a plane. mexican nationals with i.d. would be allowed to go free as long as not suspected of any offense. under former policy a mexican national without proper i'd decould be jailed without being convicted of an offense. >> the main point of that --. bill: how does local law, local law trump state law or federal law in a case like this? >> it doesn't. what you have in california is kind of, i would call it california run wild where, it doesn't necessarily matter what the state law is, it doesn't matter what the federal law is, they will do what they want to do to appease their citizens whether it is legal or not. this creates, this isn't just a sanctuary city. this is now a sanctuary county where federal law does not apply. this is just, amplifies how important it toys secure the southern border so we can get people if we need jobs for agriculture and construction we can do it

legally. we can have a worker program. you're not supposed to do it this way where you have one-off counties saying we're now going to accept i.d.'s from this particular state or from this particular country. can you imagine going into, you know, france and mandating that they accept our social security card as a form of identification if we get pulled over to transfer to move from, country to country. it is ridiculous. we have american i.d. cards. we have them for a reason. if, and if we don't have them for a reason, then let's relook at everything. if everybody can create their own identification cards, then, where is the law and thoroughness of having anybody it? bill: assistant sheriff saying today is a great day. we're now going to accept matricular you consular i.d. we will accept the one if you need it because the policy goes into effect in january. are have you heard after policy similar to this anywhere else in the country?

>> i have not. can california is on leading edge sometimes of the ridiculous and the dumb and shows you with the california economy, the unemployment there, i haven't heard anywhere else but i'm not surprised. california leads the way sometimes in doing stupid things. bill: my assumption is, they need the labor for the vineyards. that is the economy in sonoma, right? >> that is absolutely true. agriculture there, the places in the south face same problems in florida and other states. once again that is why you have to go back, secure the border so we can get a, a job package put together. not a job package they're talking about now but a job package we look to people to import workers and industries import workers hey if you need 10,000 workers to work the fields do it right so we know who is coming into the country and when they leave. only way to do that is have a secure border that has to come first. bill: i'm trying to remember. i think state unemployment in california is at 12%. does that sound right?

>> it is over, about 10 something i think. bill: 10 something. but you're still above the national average. >> we're above the national average, yeah. bill: duncan hunter, thank you for shedding some light on this appreciate your time. >> thank you very much. bill: martha, what's next? martha: not just republicans are criticizing the president's handling of the housing crisis. we'll talk to a democrat from a hard-hit district who says he believes the president's plan for housing at this point is just not enough. bill: also critics of rick perry say the texas governor might be too similar to president bush and neil cavuto asked him about that. what did he say? >> i don't just talk about it. this isn't rhetoric out of me. i have a record of keeping the spending under control, taking out the veto pen when it needs to be pulled out and the members of the texas legislature understand and respect how i govern. sweetie i think you need a little extra fiber in your diet.

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you only have until december 7th to make sure you get the medicare coverage you need. call unitedhealthcare to learn about medicare plans that may be right for you. with some plans, you can enroll right over the phone. don't wait. call now. bill: the president taking fire from house democrats for his handling of the housing matter. outgoing democratic congressman dennis cardosa saying the following. i am dismayed by the administration's failure to address the housing foreclosure crisis. home foreclosures are destroying communities and crushing our economy and the administration's inaction is infuriating. a blue dog coalition leader is my guest from the hill. sir, you're rolling grenades

down the hall on your way out of office aren't you. >> i'm trying to get my point across that more needs to be done to deal with the foreclosure crisis in america. we have a real challenge with the american economy and this is a big part of it, construction and housing. bill: why do you think they have failed? you're not mixing words here. why do you think they failed on this. sir? >> i'm not mincing words, i've been trying to get them for three years to do a more aggressive wall street. i don't know if they are too close to wall street, protecting the banks or just don't understand the policy. they clearly have not got even it right to date. it's time to do it right. bill: is healthcare a distraction? do you put that in your equation. >> whatever the distraction has been, when you're president of the united states you have to be able to multitask. you have to deal with all the challenges presented to you. i think a lot of this was caused during the bush administration, but it's up to president obama to fix it now and we need more attention to this problem. bill: why do you think they

missed it then? were they not aware? did they not go see districts like yours? your home district, central valley, california. 53% of homeowners are underwater. >> at least. bill: 70,000 have lost homes since 2007. you say at least. >> at least. 30% of my constituents in some communities that i represent have lost their house already. during the great depression nationwide it was 27%. my communities they've already experienced the great depression and more. but in some of my communities over 70% of the homes are underwater. it's devastating. bill: what should they have done? come up with some ideas? if you were able to get done what you were able to get done, and clearly you won't because you're out after this term. >> hopefully they'll adopt some of the policies i've laid forward. i don't think people should be able to back out of their contract that they made, or back out of the deals that they've made. but i do believe it would have

been beneficial for us to allow all americans to refinance. i put forward a bill called the home act that says if we have underwater mortgages, and the government backs your mortgage already through fannie or freddie, or through fa, that you should be able to refinance at the currently rate and stretch that refinancing out for 40 years. lower the payments for all americans. it's been scored that my bill would be the equivalent of an 85 billion-dollar tax cut and cost the american government very little money. in fact i think it saves the taxpayers money. instead of paying out $8 billion a month in fannie and freddie defaults we'd allow all americans to take advantage of the new current interest rates. bill: you wonder if that is a viable option that comes down the road or at some point. can he win re-election at the moment? >> well, i think the biggest opportunity for the president to win re-election based on this kind of action is that the

alternative candidates that are out there certainly aren't very strong, and don't represent my ideology or a moderate ideology in my opinion. but time will tell. bill: it sure will. >> it's about what is best for america. bill: we appreciate you coming on today. the democrat from california. >> thank you, bill. bill: thank you for your time. martha: the government is raising some eyebrows. the state department spent more than $70,000 in taxpayer money on president obama's literary works, including mr. obama's memoir "dreams from my father" a decade after it was released. we are joined by leslie page with citizens against government waste. leslie good to have you here. the state department says, look these are not out of line at all, these are the kind of proceed kaourplts we make a lot. we have libraries in certain state department offices around the world stocked with lots of books. this was one of them and this wasn't really that big a deal. what do you say?

>> once again it's always no big deal. it's 70,000. no big deal it's 40 million, it's 400 million, it is a big deal if in fact the program has been selected and has not had a very well rounded kind of collection of books that they have bought. we don't know, the washington times did great work on this sort of digging all this stuff up and finding out about this in reading the spread sheets. it's not about the money any way. if you want to have fiscal discipline which we are trying to achieve at this point you would look at a program like this and say maybe it's time to slash it whether it's obama's book or george bush's book or condoleezzaa rice's book. if you want to promote cultural values in our history do we have books on washington? do we have books on madison. do we have all the great books from the academics who know something about our history and culture that we should be promoting abroad. that is the ske we should be

asking about this program. some state official probably came up with a bright idea to do this and they basically sent these books home as swag and that's a lot of books. martha: they were sending out copies as christmas gratuities and stocking key libraries around the world with the books. president clinton, president bush, their books came out after they were in the white house. so i think that is part of the issue here, right. >> correct. martha: he wrote the book before he was in the white house. you go into the offices they are on coffee tables. the books are strewn around, you could imagine they would want the president of the united states books to be part of that grouping. >> at some point, he's going to write one after his presidency and i think that would be very appropriate. if they are going to maintain the libraries at all. we need to look at whether that's worth doing in the fiscal climate we are in. that's a low hanging fruit if they are going to slash the

practice. i don't think that makes a difference in having a foreign policy that is effective and one that is ineffective especially when we are struggling with a lot of things going on in the middle east. martha: i don't know how many people are in libraries perusing these books. maybe they are. i don't know. thanks very much for being here today. >> thanks, martha. bill: rolling our way back to 2012. rick perry making the rounds with the tax idea he put out yesterday. our friend neil cavuto asked him about the comparisons drawn with president bush a fellow texan government. >> the concern is he might talk a good game, george bush talked a similar game when he was running for president, he vetoed runaway spending. issues came up in his presidency that changed things remarkably. but having said that what is to stop folks listening to this. watching you right now, governor, been promised that, been disappointed by that.

>> because i've got a record in texas of doing what i sailed i would do from the standpoint of spending. 14-plus billion dollar cut in property taxes that i signed. 65 different bills that lowered taxes. first time since world war ii texas spent less money and i signed that budget. i don't just talk about it. this isn't rhetoric. bill: there is governor perry running far behind in the polling numbers with mitt romney and herman cain. he hopes the tax idea he put out yesterday will get traction. and he's doing interviews too. martha: herman cain two days in a row improving his lead over mitt romney in the quinnipiac poll. the 9/11 commission said that fake id's can be used as a weapon of mass destruction by a terrorist. a decade after the attacks how eyes is it to get a phony license. bill: the defense beginning its case in the michael jackson's matter did some powerful testimony from the singer's

nurse backfire on the defense? >> you know, i'm feeling really dizzy. >> miss lee if you're not feeling all that well do you want to rest for a little bit? >> yes, if i can just rest a little bit. i would appreciate it very much. >> don't worry about it. >> thank you.

martha: prosecutors at michael jackson's manslaughter trial spent weeks portraying conrad murray as a bad doctor. defense attorneys are expected to call past patients as character witnesses for the doctor. meanwhile one of the most bizarre moments that we have seen so far at this trial, michael jackson's nurse nearly fainted on the stand just minutes into her testimony. watch. >> you know, i'm feeling really, really dizzy. i'm sorry, my vision has just become a little blurred. so if you can just give me a minute. >> well, miss lee, if you're not feeling all that well, do you want to rest for a little bit? do you feel that might be of any help to you.

>> yes, if i could just rest a little bit if you don't mind. >> i don't mind at all. >> i just got caught up in traffic, and i really -- i don't want to say that, but any way. if i can just rest a little bit i would appreciate it very much. >> don't worry about it. martha: andrew napalaton is the freedom watch. what do you make of that exchange? >> the exchange is a little dangerous. she could say something to the judge that could affect the jury. martha: she cut herself off. she said i'm very sensitive about this. and he said i don't want to hear about that. >> the better way for a judge to speak to a witness in distress is out of the hearing of the jury. witnesses frequently get into distress and the right thing to do is what this judge did. we'll take a break, there is no urgency to this. you collect yourself and we'll

come back. that should be out of the presence of the jury. the illness, whatever is affecting her at the moment might affect her credibility and it shouldn't. those things are temporary. martha: let's take a look at the meat of what she is saying here in this next bite and get your thoughts on that. >> i can hear michael in the background. >> what did you hear michael in the background saying? >> he was telling me, tell her what is wrong with me. tell her what is happening with me. one-half of my body is hot and one-half of my body is cold, and i was out of state terbgts i was in florida, so i told faheem, i don't know what's happening with him. i'm too far away. he needs to just go up to the hospital. martha: he needs to just go to the hospital. what they are establishing here i think is that other people cared more about him than conrad murray and when they saw the kind of things that were going on they wanted to get him professional help at the hospital right away.

>> she also wants to establish that michael was cogent and cognizant at the time and almost able to diagnose himself. she is on the phone in florida talking to michael while he's talking to a third person, it's a speakerphone, so it's more than one person speaking in the conversation at the same time. the state attempted to show that michael was so out of it that the doctor should never have left the room, so out of it that he possibly couldn't inject it himself. the tkoefrpbs wants to show he was cogent and in charge and could describe his symptoms to a nurse on the phone. martha: he clearly wanted those drugs. he wanted doctors. he wanted to surround himself with people who were going to give him what he wanted. and conrad murray, according to the testimony we've heard was that person who gave him the drugs that he wanted. how do you think the defense is going -- i mean they are trying to bring people in today who say he's a good doctor, he has integrity. that is a long stretch from where we need to go here. >> i agree with you. you really have great difficulty rebutting a strong criminal case with character testimony, which basically says, as you say, the

defendant is a nice person and is not the type of person that would do this. okay, that is nice to hear. but what does the defendant say about the very strong evidence that has been arrested thus far, which is that his utter incompetent, his yo utter grows negligence resulted in the death of his patient, when the patient was under his exclusive control? that's the state's case right there. martha: you think he's going to be judged with criminally negligent homicide. >> the state does haven't to prove intent, only that michael was in his control and that his negligence was so extreme that it was more likely than not that michael would die from it and that's what happened. martha: all right, judge, thank you so much. good to get your insights on the case. >> good to be with you. martha: freedom watch on the fox network week nights at 8pm and 11pm eastern. there he is the judge himself pointing at you, watch out. bill: the trial will wind up soon.

suspense in l.a. jon scott is working on a whole batch of stuff in the newsroom. what's happening jon. jon: big meeting of that bipartisan so-called super committee. steep cuts are on the table for our defense department if they can't come to an agreement. is that a good idea? we'll take a look at the numbers. also what is the most infected thing you touch on the way to work? a new study has some surprising answers. and preventing skin cancer. can coffee play a role? we'll get into it "happening now" just about eleven minutes away. bill: i'm not giving up my latte, jon, ain't going to happen. social security numbers, driver's licenses, passports they can be lethal in the hands of a terrorist. ten years after 9/11 how easy is it to get one? a stunning report has answers on that. herman cain staying on top of the polling numbers.

karl rove will analyze. back after this. [ female announcer ] so you think your kids are getting enough vegetables? yeah, maybe not. v8 v-fusion juice gives them a full serving of vegetables plus a full serving of fruit. but it just tastes like fruit. v8. what's your number? or a can of paint... you came together to vote, to share... to volunteer. and now, thanks to you, 10 communities have more to smile about. what's next? tell us on facebook.

martha: the super commit tea has to cut 1.2 trillion by thanksgiving and they are in a hearing right now. interesting piece of sound here that we have from the cbo director, doug almandorf talking about his overall prospective on how you need to generally cut the bulge net a meaningful way. let's watch this. >> discretionary spending is a shrinking share of federal automatic lacfederal out lays over time. without addressing that path of spending it would be extremely difficult to put the budget on a sustainable path. martha: all right. so that's something for them to think about there.

house republican conference committee chairman just finished questioning the cbo director on capitol hill. he'll be our guest tomorrow bill. he'll be here at 10:15 tomorrow. bill: that will be revealing to let us know if they are making any progress or what kind of progress is being talked about behind closed doors. it's been said if a terrorist wants to plan an attack on the u.s. a driver's license or id can be as important as a weapon. the 9/11 hijackers obtained dozen of them. ten years later how easy is it to get a phony license. david lee is with us now. >> reporter: it is getting more difficult all the time thanks to the efforts of law enforcement. very quickly let me make a very important distinction here for you. when we talk about the 9/11 hijackers they had in their possession predominantly fraudulently obtained driver's license. they went to the motor vehicles department after obtaining fraudulent documents. the driver's licenses were in essence real. there are changes in the law

that are being phased in that will make it harder to get a driver's license at the dmv that will meet federal standards. more bad guys are resorting to counterfeit, phony licenses. immigration and customs enforcement has a documents forensic laboratory in the washington d.c. area. threw see it and their work now is more crucial than ever in looking to determine if a license is real or fake. the head of the lab says the fakes can be pretty good. >> we continue to see the entire range from poorly crafted counter fits to well crafted counter fits. that depends on the resources that are available to the counterfeiter. over the years technology has improved, and that technology is available to the every daiko day consumer. so that allows the consumer to counterfeit a higher level of document.

>> reporter: one of the things they have at the laboratory is a library, bill it contains licenses from every state and territory. they can compare a presumed fake with the real thing. they may look very similar side-by-side but once you get them under the microscope you can tell them apart. bill: it is a tough job to do but it's so important in order for security. david miller, thank you. a revealing report out today. thanks. martha: there is a major crackdown on the occupy protestors, this time it's happening in the city where the mayor had welcomed them with open arms really, but the protestors have done something that caused them to get the welcome mat pulled out from under them. we'll talk about where else we may see scenes like that. -i love this card. -with the bankamericard cash rewards credit card, we earn more cash back for the things we buy most. it's 1% cash back everywhere, every time. 2% on groceries. 3% on gas. automatically. no hoops to jump through. that's 1% cash back on oscar. ...tony. oscar! 2% back on whatever she'll eat. 3% back on filling up this baby.

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