hello. i'm gregg jarrett. welcome to a brand-new hour. >> heather: i'm heather childers. topping the news, millions of american face a freak snowstorm that brought heavy tree branches down and knocked out power to millions of homes. live with the latest. >> gregg: massive search underway for this little girl. police believe she went sleep walking in the middle of the night right out of a relative's home and haven't been seen since. >> and man arrested for his 12th

drunk driving arrest. they are powerless to stop this type of repeat offender. >> gregg: we begin on the campaign trail. republican presidential candidates arguing over a number of controversial issues. all vying for a chance to move into the white house. right now herman cain is gaining momentum. steve is live in washington. steve, cain is number one in the latest iowa poll. how does he react? >> it's like his 999 plan for tax reform and it's resonating with recipe voters. >> i believe that i'm doing so well because i'm connecting with the people. one of the other misperceptions about my campaign is we just started a few months ago right after i announced in may. i actually been connecting with

people in iowa, new hampshire, south carolina and florida for over a year even before i made the decision to run. >> and ron paul who came in third in the iowa poll attacked romney for flip-flopping on important issues saying quote he'll have to answer for it. >> gregg: what are democrats saying about the gop race so far. >> reporter: they say the candidates are offering more of the same. the same kinds of policies that got us into the economic crisis in the first place. and they say president obama took on a difficult challenge when we first came to the white house. >> we were teetering on a great depression. he made tough calls so not to decline. this country can't afford to go back to the same policies, that romney and perry and all the republican candidates are offering. >> they are ready to tear down the economy in order to tear down the president. he asked for gop cooperation on

the jobs bill. >> gregg: steve, thanks. >> heather: from herman cain to governor rick perry, who is hoping to prove his critics wrong trying to make up for outcomes by agreeing to appear in five more. speaking about his decision during an exclusive interview on fox news sunday. peter has more from washington. >> reporter: texas governor rick perry now says he's participate in five more dpts but he admitted he was not the best debater. he says just because someone does well up on stage doesn't mean he'll do well in the white house. >> i really getting out and talking to people, just like i'm talking with you today. you have time to lay out ideas. we have a debator and smooth politician in the white house right now. that is not going to work out good for america. if you want to know how somebody is going to perform in the future, take a look at their

past. >> reporter: he thinks there is better ideas to spread his word including the flat tax but he says it's simple to figure out. you need to choose 20% tax rate or current tax rate and write it on a postcard. >> it's that simple to put it on that postcard. that is it. then people have the confidence. people have the confidence the job creators, this is plan is getting people back to work. this is putting confidence in the american entrepreneur. >> reporter: his rivalry with mitt romney seems to intensify. when chris wallace negative he is to go against romney's record. >> i don't get confused with telling the truth, someone might say that is negative. if we're telling the truth about someone. the truth is the truth.

whether it hurts your feelings or not. >> reporter: governor perry has 7% support in a new des moines register poll. he is not sweating it yet, it's a marathon. >> heather: catch the entire interview airing at 7:00 p.m. right here tonight on the fox news channel. >> gregg: from maine to maryland millions of people losing power after a rare snowstorm. trees snapping under the weights of the heavy snow. that storm being blamed for three deaths so far. states of emergency also declared in new hampshire, massachusetts and parts of new york. julie banderas is live in one of the hardest hit areas in west milferd, new hampshire? >> it's where they got 19 inches of snow and by curbside it's waist high as you can tell.

you take this wet and heavy snow and add it to the trees that are covered and weighed down. the leaving are still on them because, of course, we're still in fall. this is resulting in downed trees and downed power lines. that is biggest problem throughout the entire northeast. some three million people along the east coast are without power right now. here in new hampshire alone over 600,000 remain without power which we're told won't be restored until as late as next wednesday. in connecticut more than 750,000 customers without power actually break the record after hurricane irene hit the state in august. people could be without electricity for up to a week. in massachusetts highest snow totals, currently 650,000 people will spend the night in the dark tonight. at least three deaths have been blamed on this storm. states of emergency have been declared in new hampshire, connecticut and massachusetts and parts of new york.

in pennsylvania, a man was killed when a snow laden tree fell on his home while napping. in connecticut a person died in a traffic accident. in massachusetts a 20-year-old died who stopped when he saw firefighters stepped in the wrong place and was electrocuted. >> many roads remain closed because of downed trees and power lines. amtrak service has been suspended throughout the northeast. emergency officials are telling people stay off the roads if you don't have to travel today. you still have a lot of closed roads throughout the area. in fact here in west filferd, literally impossible for the satellite truck to get to the location today. we're not out of the woods but it looks like a beautiful day. >> gregg: my heavy lifting reporting is over for the day. >> gregg: lots of heavy lifting

out there. >> heather: yeah, right. >> and the snow for the storm may be melting and hundreds of airline passengers the damage is already done. nearly two dozen flights diverted to bradley international airport in windsor connecticut including this. a jet blue flight that sat on the tarmac for more than seven hours. passengers say the plane ran out of the water and the bathrooms had to be shut off. inside the airport other travelers they didn't fare too much better. >> i was going in and out, people are quite upset. >> we sat on the tarmac for four and a half hours. just got here a few minutes ago. we may be sleeping here in the airport. >> not a fun situation. >> gregg: we would like to see

what you are dealing with. if you have great pictures or videotape and want to share them to us e-mail to ureport at foxnews.com. give it's your name and location and brief description what you are looking at shot to viewers out in pennsylvania. saying good morning to ten inches of snow today. this is a sight you do not want to see over your morning coffee. it is pretty though. here is andrea ritter's backyard. she is in pennsylvania, north of allentown. i'm dreaming of a white halloween, i don't know. >> heather: on to another story, rescue crews temporarily suspended their search after three people missing after an explosion of a grain elevator in eastern kansas. they are waiting on specialized equipment.

the blast killed three people, severely injured to more. it could be seen from miles away. >> gregg: at least ten people are dead following a weekend of renewed violence between israeli and gaza militants. latest incident involving an israeli air strike on several militants in retaliation for an earlier attack, a deadly exchange, now jeopardizing any hopes of a possible cease-fire. leland vitter has more. >> the violence continued in sunday night. we had rocket fire out of gaza strip but israeli strikes. residents are still cleaning up for nearly 40 rockets that were fired on saturday evening. it all begin on wednesday with a power struggle between hamas and islamic jihad and had the possibility of spinning out of control. >> the rockets started falling

just as people were beginning to break for sabbath, worse damage was an apartment complex where an inferno continued. a number of cars and rockets fell right in the parking lot. one person was killed was doing what he was supposed to be doing is taking cover. that is when the shrapnel cut him down. residents are beginning to take stock of the damage. go ahead and looked at all the burned out cars here. you get a sense of the intensity and shrapnel, these are shrapnel holes. this is red hot metal that cut through these. if it does it to a car, you can imagine what it would do if it hit a person. >> we are looking at wreckage. they are launching missiles. this truck mounted rocket system that was used for the first time in the attack. israeli air force pounding away

at targets in gaza strip killing at least nine people and witnesses reported a number of explosions which would indicate those were, indeed, weapon storage facilities. >> theegyptians have been trying to negotiate a cease-fire but dealing with three separate groups inside the strip which is difficult to get a concrete deal. israeli officials there will be school on monday. they cancelled classes for sunday because they didn't want kids running around if there was going to be rocket fire. gregg, back to you. >> gregg: leland, reporting from southern israel. >> heather: following the death of moammar khadafy, much of the concern has surfaced here. this is in sirte where he was shot dead. many libyans seem to be losing confidence in the interim government and worried that their nation could plunge into a cycle of tribal violence and

retribution. david piper is streaming live from tripoli. what is the latest on the whereabouts of khadafy's son? >> reporter: he is believed to be neighboring nigr. he seemed to escape this country over the last ten days since his father was killed in sirte. we understand he has been in some kind of indirect negotiations with the international criminal courts. he faces allegations of war crimes there during the eight-month-old libyan civil war. we understand from the national transition council they want him to be brought back here to face justice but this time islam seems to want to negotiate with international criminal court and take his chances there rather than coming back here and facing a trial. >> heather: what is it like there now in libya? it sounds quiet.

you see traffic moving behind you? >> well, yes, tripoli is getting back to normal. very much like the rest of the country. we haven't had any reports of major incidents involving khadafy's followers over the last ten days since khadafy died. the country is now trying to move on. it's very slow process here. they still haven't announced a new government. they've got the democratic election they pledged in the next several months' time. also as you said there is concern about these revolutionary fighters. they really need to be told to give up their guns. we walked around tripoli the last few days and you see a lot of armed men on the streets even though it getting back to normal here. >> heather: thank you very much, david piper streaming live from tripoli. >> gregg: here at home five men busted in los angeles in connection with a gun heist involving the swat unit.

it happened earlier this month at an unguarded building using for training exercises. police believe they were low level burglars not expecting to find the huge gun stash. >> police in dallas, texas an unusual missing person case. they are searching for a ten-year-old girl. this little girl right here. she disappeared last night while visiting relatives. jasmine may have been sleep walking when they are away and they are concerned because the child was only wearing pajamas and temperatures get 39 degrees overnight. they are scouring the neighborhood. they are also using search dogs and helicopters. >> gregg: it has been almost three months since the occupy wall street movement first took shape. the latest on this weekend's demonstrations after police make several arrests at rallies

across the country. >> heather: this man has been caught from drunk driving a dozen times. >> and great white shark sinks his teeth into a surfer from california. dramatic tale of survival next. we are building a website by ourselves. [ woman announcing ] there's an easier way. create your own small-business site... with intuit websites. choose a style, customize, publish and get found... from just $7.99 a month. get a 30-day free trial... at intuit.com.

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>> heather: time for a quick look at the headlines, more than three million people are still in the dark following the rare storm. heavy rain and snow knocking out power to homes and businesses all across the northeast. >> australian judge has ended a union strike for qantas airways. they say the flying could resume as early as monday. anti-wall street protestors in nashville continue to defy a curfew for a third night. like other rallies, police made no arrests. they say they will be surveying

the area. >> gregg: there are new questions over nearly $300 million fraud settlement involving citigroup. banking giant was accused of misleading investors back in 2007. they have since reached that settlement with the sec but a federal judge says hold on. citigroup, which made nearly $4 billion in profits in this quarter alone. maybe this isn't quite right. let's bring in brenda butner. good to see you. citigroup was peddling known as a collateralized debt obligation what happens? >> yes, it is a fancy term for what is basically an investment that was backed by mortgages. this is in 2007.

right we're on the cusp of the housing boom going bust. at the same time, citigroup is making a bet that the housing boom is going to bust with its own money. it does not tell the investors that it is betting against that. >> gregg: so you are peddling a product that the investors think the value is going up, but the person peddling it to you is betting it will go down. look, the judge is a federal judge, he has handled a bunch of these things. wait a minute. i'm putting the brakes on this thing because i'm not sure it's fair, citigroup is getting off too easy. he has issued ten questions he wants citigroup and sec he wants them to answer. how could a securities fraud of this nature and magnitude be the result of simply of negligence? good question.

what reason is there to believe this proposed penalty will have a did he tesht effect? what was the total loss of the victims as result of actions? and if the sec was unable to identify the people cull tackle have culpable for the fraud, why was this? it's clear this judge is very suspicious of this deal? >> he's been very skeptical of many sec settlements in the past. he took a part bank of america settlement and made them redo it. how can there will be a deterrent when it's such a small part of what goldman -- citigroup makes. it's a fifth of what goldman sachs had to pay. how can it be a deterrent. also no one has to admit to any wrongdoing. how is it negligent? why was it not admitted fraud?

so he has a lot of questions. he really takes the sec to task here. >> gregg: this would appear to be a scam investment. it wasn't device had accidentally. it was thoroughly deliberate. which makes it all the more puzzling that the sec would charge citigroup negligence based fraud rather than intentional fraud. mary shapiro, let's put her picture up on the screen. is she ready for prime time now? >> they have to make these settlements. they want -- there were a lot of settlements they were trying to get done. you never know exactly when their behind closed doors what they are trying to do. it surely would seem when investors lost hundreds of millions of dollars and

citigroup made a profit and made hundreds of millions of dollars on this investment there should have been stricter penalties against this company. >> gregg: not only is the peanltds suppose to be commensurate but they have to send a deterrent message for future bad behavior. $285 million sounds like a lot but when citigroup makes $3.8 billion in one-quarter a long, chump change. >> you don't have to look at the profit. you have to look what is the actual investment. what was going on there. brenda, thanks very much. >> a california beach is on high alert after a great white shark takes a giant bite out of a local surfer. this 19 inch bite out of a

surfboard. it suggested the charge was 20 feet long. his friend said it was an ordinary day of surfing at monterey state beach. until he heard his friend yell the words, no surfer ever wants to hear. >> when it came, and on top of the wave. he just started yelling, shark, call 911. he was a couple feet away and his arm was bleeding pretty badly. >> it might be possible he is not in the area anymore. they travel fast in the ocean. but for safety sake we will be posting these and recommending people not to go into the water. >> he was bitten on the neck and arm but fortunately he is expected to make a full recovery. >> hundreds of shoppers caught in the middle after police shootout.

it happened at a very popular resort town. >> heather: back on the campaign trail. can mitt romney win over die-hard conservatives. it's been lukewarm and our political panel weighs in next. with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help lower a1c. [ ma announcer ] glucerna. helping people with diabetes find balance. how about the beat of a healthy heart? campbell's healthy request soup is delicious, and earned this heart, for being heart healthy. ♪ feel the beat? it's amazing what soup cano. each day was fueled by thorough preparation for events to come. well somewhere along the way, emily went right on living but you see, with the help of her raymond james financiaadvisor, she had planned f every eventuality.

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>> gregg: time for top of the news. northeast getting slammed by an early winter storm. some parts of new england seeing more than two feet of it. at least three million people are said to be without power. >> heather: a search and rescue in kansas after three people are missing after an explosion at a grain elevator. they say it's unsafe for anyone to be inside the facility. the blast killed three others and shook the ground for miles. >> gregg: a shootout outside a busy shopping mall.

no reported injuries but trapping shoppers. >> heather: two words that are likely to send shivers through parents, college tuition. consider this. the average cost of sending your child to university california campus could run about $12,000 per year. now, imagine twice as much by the year 2015. casey stegall says it could happen and joins us live from los angeles to explain why. >> reporter: it could happen not just in california but universities all around the country are facing similar problems. listen to this, according to the college board which is nonprofit student rights group, tuition rights have skyrocketed about 130% in last 20 years, that is four times hire of adjusted inflation and numbers speak for themselves. look at the breakdown. a brand-new report shows out the average cost for a state

university in america runs more than $17,000 a year when you factor in room and board. that is for an in-state resident. average for a four-year private school, look at this, more than $38,000 annually. students here in california saw the biggest hikes. tuition rates shot up 21% this year alone but escalating costs have sparked a growing debate between universities and lawmakers. many state leaders say it's up to individual universities to control costs while many colleges say they wouldn't have to raise tuition as much if higher education budget had not been flashed to shore up massive budget shortfalls. >> there is a lot we can do to really put our own shop in order we have set an ambitious goal of trying to get half a billion dollars out of inefficiencies

and redirecting those. at the same time, the state, i have a great deal of sympathy, they have cut us. >> to the greatest extent possible, the reductions we have been able to make or have been made we try to keep those out of the classroom and greater efficiencies in the way u.c. runs its operations. >> arizona and, with are among the states highest. lowest reported, south carolina and connecticut, but regardless of where you are, it is still costing a pretty penny. >> heather: thank you very much. >> gregg: herman cain is leading the pack. there is a new poll showing cain is earning 23% of the vote there

in the stay of iowa narrowly beating mitt romney but just a point. the two are essentially in a dead oh pete. margie omera joins us, adam geller, gop poll terrify and poll terrify for chris christie. adam let me start with you. if we dig deeper in the poll numbers, we find that romney earns the support of just 10% of those who say they definitely plan to vote in the caucuses. cain is at 27%. cain also dominates romney for those that identify themselves as very conservative. what do you make of cain's strength. >> cain has strength. when we look at republican primary voters we think of high value voter as being conservative most likely to vote. a lot of energized tea party supporters in that group. so it is a definite problem for

romney that he is getting those that are less enthusiastic. he is doing well among seniors but seniors are not encouraged as they normally are to caucus. romney has a lot of work to do. he hasn't really gone all out in iowa he is still hanging in there. he has a lot of work to do. >> gregg: they put out a story showing congressional conservatives are beginning to warm up to mitt romney. let me quote one part of it. the more romney maintains his course with the environment shifting around him, perry, cain and bachmann all having taking turns at anti-romney candidate, more he seems to be proving to political professionals he can weather a grueling campaign against barack obama. do you buy that? >> i think just having a few men's of congress, cain suffered from a real enthusiasm gap.

with republican primary voters are not excited about the field, how can you expect swing voters to be excited. i'm also not surprised that seniors are not enthusiastic to go to caucuses given the republican platform that is essentially getting rid of social security, leaving it up to the states. having medicare as we know it. i'm not surprised. >> gregg: rick perry was at the top of the polls when he entered the race is august. he has seen his numbers really crater from 38% now down to just 6% in a recent poll. in iowa he is at 7%. he does have a load of money. how would you handicap the chances of rick perry reversing his fortune? >> you know, is a good thing to have. multicandidate primaries, just because perry is going to attack romney, any votes that he could

shake off of romney don't necessarily go back to perry. they can scatter on other candidates, so in a multicandidate race it's tiff to win votes as going negative. as much money as you have it's a duff tough thing to do. multicandidates, really correspond with ballot success. i might rethink that. i think perry is going to have a tough time. he might be able to shake voters off of romney. >> gregg: that has to be record 38% to 38% to 6%. >> what is striking about the poll business experience is more important than having held legislative office. some of the voters come around and think that the president's policies, his policies haven't helped the economy, does that

give let's say a romney or herman cain a big advantage giving their business background >> i would ko infer something from the fact the republican primary voters saying they prefer business experience and the candidates are two with business experience. i don't think it translates to how swing voters are going to feel about the president's economic policies a year from now. >> gregg: they could be directly related? >> because people like cain right now, they like someone with business experience, and republican caucus goers in iowa, and general election swing voters may make a difference they may not prefer business experience. who cares more people like them and that will be clear whether obama or no matter who the nominee is. >> they care about job creation. the president has a deplorable

record on jobs and economy, it's true that swing voters will decide this thing. job approval rating is independents is 31%. >> gregg: got to leave it at that. good to see you both. thank you. >> heather: airport security screener fired after slipping a sexual note into a passenger's bag. is this just one tsa employee? or is this a bigger invasion by our government and quickly becoming a women's world. matching the glass ceiling as they take the reins of two of america's most iconic companies. ♪ ♪

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tsa security screener fired after allegedly leaving a note in a female passenger's bag. here is what the note said reportedly. get your freak on girl. it was some response to sex story that was the luggage. a lawyer said the problem is more than just this one tsa worker. there is a bigger privacy problem with the government. jehmu greene and fox news contractor and it is holiday weekend and you are all look very sexy.

what is the halloween theme. certainly not a treat for this woman who got this note, a trick of sorts from the tsa worker in her luggage when she discovered they had gone through it. they have not been fired. they have been taken off baggage screening duties. >> i think the whole thing, if you look at the whole tsa doing its job, i think they are doing their job very badly. i think the whole system is broken. we spent $40 billion since september 11th. we're going to spend a billion dollars on the screening machines that are coming out. the whole thing is wasting money and we put it in bad places, it's intrusive and takes too much time. >> nobody likes it. >> so profile not through racial profiling. look for terrorist behavior. stop going through people's luggage like this and look for people that are carrying no

luggage that made the reservations that minute who paid in cash. >> and this tsa worker felt he was comfortable he or she had done going through the luggage but they could leave a note. >> this is not the first time it happened. it actually she is more than a lawyer whose note was found in, she is a very prominent feminist. very prominent blogger, she is going to talk about it. i think she is right. i followed the situation from the beginning. she is right, but it shouldn't get to be focused on this personal situation and the person being fired and the situation is over. this happens probably lots of times. there is a bigger systemic issue about it. these folks to go through our stuff.

i want us to be safe. >> we clearly have been extremely safe since september 11th. >> clearly they are looking for other weapons. how much what they found in this person's luggage but they are taking their eye off safety. that should be the number one concern to make sure they are safe. weapons very gotten on board and there is a big problem with theft, as well. there should be more about that. it should be privatized. >> i agree with you profiling and i think it should be privatized. they would do a much better job. >> heather: and the glass ceiling gets a milestone sized hole smashed right into it with the naming of ceo of ibm and two largest technology companies, ibm and hewlett packard will both be run by women, including

meg whitman that just took over at hp. great news for women. [ laughter ] >> it is great. when you look at the overall numbers we are still at 3% of fortune 500 companies being led by women. 3% is abysmal. if you look across the board, how many women are on the board, how many managers we are not where we need to be. there are number of reasons for it. many companies have more male management style. most men are going to talk about their accomplishments more than women do. so people think they can do the job. there are some structural issues that need to be done. it's great that we, no women

resigns we will be at 18, 18 out of 500. >> i think we've come a long way and to have the two individuals is very impressive. i think whitman has her work cut out for her because the company is doing so poorly she could try to prove herself. >> with on outsiders coming in. >> i think it's generational. where was the woman in 1970s. before that there were any women other than secretary yal but now these women were business majors and science and engineering majors. >> heather: good for them. a driver in minnesota that doesn't know when to say when. this man has been arrested 12 d.u.i.s.

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forget three strikes and you're out. a minnesota man arrested forth dwi offense. arrested after hitting a parked police car in a bar parking lot.

the county attorney says his hands are tied because throwing him in jail would back with our panel. $40,000 a year it would cost taxpayers to put him in jail. >> what if somebody die? >> i think the $40,000 might be worth it. >> absolutely. our laws have enabled this guy to keepç getting away with this. where is the accountability on his part or the justice system? they should make this a law absolutely. how many chances does someone get? >> apparently at least 12. >> i hear this and think of my friends who are not here because of drunk drivers. that situation got me actively involved in mothers against drunk driving. for one organizatinn"'p+q had so much success with state laws, i think they need to be applauded in that there's

accountability. clearly he's probably an alcoholic. >> he blew go terms legal limit. >> the justice system should get creative and find a way to stop him. >> put breathalyzer tests on cars. >> apparently he's facing a minimum mandatory three years of this. first time offender there would be required to have the ignition interlock system like you are talking about. we want to say happy halloween to everyone with our festive crew here with the witches hats. >> let me think about this.ç >> we'll be right back.

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hello i'm heather childers. welcome back to a new hour. >> i'm gregg jarrett. freeze2out, millions of americans are shiver in homes without power in backed up airports and stranded on tree blocked roads. thanks to this prehalloween snow storm. we'll have the latest. a political pot boiler, gop candidates seizing on the rick perry campaign for suggesting that the texas governor may be mia for at least some of the upcoming gop

debates. >> gregg: plus, great ways to make your kids' halloween a scream without packing on the pounds from candy, courtesy of ?.ç >> heather: first, the road to the white house was paved with talk show interviews this morning. gop candidates taking to the airwaves on a number of issues, most importantly, why they think they are the best person for the job. republicans weren't the only ones trying to make their case. steve centanni, live in washington with more. steve, what were some of the highlights today? >> reporter: well, herman cain was grilled about a controversial internet ad that showed his chief of staff taking a drag off a cigarette of the ad has come under fire from anti-smoking forces. cain said the idea was not to promote smoking or make it look cool. here's what he had toç say.

>> martin block is a smoker and we see let martin be mark, that's all we are trying to say. we believe let people be people. he doesn't deny he's a smoker. >> are you a smoker? >> no, i'm not. but i don't have a problem if that is his choice. let herman be herman, let mark be marks. let people be people. this wasn't intended to send any subliminal signal. >> reporter: ron paul said he won run as a third party candidate and romney has switched positions and quite a few issues. >> herman cain soundsç like he's quoting a barbra streisand song, people be people or loving people, something like that. what is the latest reaction from democrats? >> reporter: democrats accuse romney of flip-flopping. the he is tied with cain at the top of that new iowa poll.

one presidential adviser points out romney has changed his position on gay rights and abortion. >> issue after issue he has moved all over the place. working a few steps down from the president, what you need in that office is conviction. you need to have a true compass. and you've got to be willing to make tough calls. >> reporter: another presidential adviser david axelrod appeared on tv today. heç attacked republicans in congress, saying they are focused on nothing but obstruction and delay. >> heather: thank you steve centanni. gop presidential candidate rick perry giving an exclusive interview today to our fox news sunday and the texas governor laid out what we can expect from him and his campaign going forward. peter doocy is in washington with more. >> reporter: texas governor perry says he will participate in at least five more debates even though he admitted he's not the best debater. he says just because someone

does well on stage doesn't mean they will do well in the white house. >> i really like getting out and being able to talk to people like i'm talking withç you today. where you have time to layout your ideas. we got a great debater, smooth politician in the white house right now. that's not working out very good for america. if you want to know how somebody is going to perform in the future, look at their past. >> reporter: the governor thinks there are0ftá better was to spread the word about his ideas, including a flat tax which might take longer to explain than cain's 9-9-9 plan. you says it is simple, because people need to choose a 20% flat tax or their current rate and write it on a postcard, it is that simple. >> it is that simple to put it on that postcard, right there, that's it. then, people have the confidence. people have the confidenceç, the job creators. this plan is go getting people back to work. putting the confidence back in the american entrepreneur to know regulations are not going

to be there. >> reporter: his rivalry with mitt romney seems to intensify by the day. when chris wallace asked him how negative he's willing got against romney, perry said this. >> i don't get confused with this telling the truth with someone might say that's negative. if we're telling the truth about someone, the truth is the truth. whether it hurts your feelings or not.a? >> reporter: governor perry has 7% support in the new des moines register poll but said he's not sweating yet because the raceç is not a sprint, it is a marathon. >> gregg: catch fox news sunday's entire interview with governor perry, coming up 6 p.m. eastern time only on the fox news channel. >> heather: halloween trick from mother nature. more than three million people along the east coast without power. rare october storm dumped heavy snow toppling trees and powerlines. several states declaring

emergencies. julie banderas is live for us in one of the hardest hit areas west milford, new jersey. >> yeah, at first it looks like a typical fall day. as we pull out the camera, this looks like winter we look like mid n9uie here. the town of west milford, new jersey got 19 inches of snow waist high on the banks trees covered, leaves covered in wet and heavy snow this is what it looks like down this one neighborhood. the people in the neighborhood among the 600,000 people without power in new jersey. massive outages caused because of the fact that all these leaves remain on branches. massachusetts has more than 600,000 outages. new hampshire, new york, maine, maryland, vermont, also without power. the storm is being blamed for several deaths. states of emergency have been declared in new jersey, connecticut, massachusetts and parts of new york. in connecticut, the numberç

rising more than 800,000 power customers without electricity, shattering the record set two months ago by hurricane irene. it could take a week before power is restored for that state. dozens of shelters have been opened. the governor has asked volunteer fire departments to allow people in for warmth and showers. at least four hospitals relying on generators for power. roads, rails, airline flights, all knocked out because of fallen trees. passengers on a jetblue flight were stuck on a plane in hartford, connecticut more than seven hours yesterday without food or bathrooms for several of those hours. more of a mess in pennsylvania told you about.ç many roads remain closed because of accidents and downed trees and powerlines forcing amtrak service to be suspended throughout the northeast including philadelphia. officials urging residents to avoid travel. with while children across the region were thrilled to see snow so early, it is

complicating things. remember, tomorrow is halloween. people are going to be out trick-or-treating. temperatures tonight here should be reaching in the 20s, tomorrow in the 30s. probably one of coldest halloweens on record. a lot of these people are hoping they can stay warm throughout the night and hope power gets back by wednesday they are being told they will get electricity again. >> coatç over that halloween costume this year. thank you julie. >> we would love to see how you are dealing with the storm. if you have great pictures or video you want to share e-mail them to us at the address on your screen and we will try to get them on air give us your name, location with a brief description of what we're looking at. speaking of halloween monsters, little kimba the shih tzu right there, during her first storm of the year. >> can you imagine what is going through that dog's mind? what is this stuff?

>> get me home. >> we still don't have power at our house. we are going to retreat toç a hotel room tonight. i didn't make it home last night. trains stopped running. all right, rescue crews are temporarily suspending their search for three people still missing at the site of a massive grain elevator explosion in kansas this is new video just in. three other people are dead. two more seriously injured. search crews right now are waiting on special equipment. workers were loading corn at the time of the explosion which could be seen from miles away. update on that deadly homicide bombing in afghanistan. turns out two british civilians working for private contractor were among the victims of the blast in kabul.ç al-qaeda quickly claiming responsibility for ramming a truck bomb into a nato armored bus killing 17 people, among them 10 americans.

afghan president karzai apologized and offered condolences to families after the attack. hopes for serenity and prosperous future in the post-gadhafi era may be fading a bit. new fears are consuming people there particularly in muammar gadhafi's hometown of sirte where he was captured and shot dead. libyans worry their interim government may lose control and their nation could plunge into a cycle of tribal violence and retribution.ç david is streaming live from tripoli. what can you tell us about the rise of the islamists? >> reporter: hi, yes. it is already a very traditional islamic society here. but there are real concerns about the rise of islam. we understand really that tunisia, the neighbor that has moved already towards becoming an islamic state.

there was an election a few days ago there the islamists gained over 40% of the vote. if there is election here, it seems likely in several month's time they may get more of the vote because this is much moreç traditional than the more cost toll -- cosmopolitan knew tina. also concerns of islamists within the militia groups in this country. we've been traveling with them over several weeks there is an underlying feel that they follow strict islamic rules there. the head of the national transitional council has said he will be introducing strict sharia law. >> gregg: we are hearing reports that gadhafi's son, one of them, is in niger, what do you know about that? >> reporter: well, latest reports suggestsç that he is in fact in niger negotiating

through a third-party with international criminal court. he faces war crime charges there. he really wants to try to get to the hague rather than facing a tough trial in this country. particularly over the last week or so, when he knows that his father and his brother were both captured and killed by these revolutionary fighters. perhaps he would prefer a trial in the hague than one back here in libya. >> gregg: different kind of justice there. david piper, thanks very much. >> heather: mortgageç giants set to pay back their multi-billion dollar bailout. why they may not be dunnbore rowing yet >> gregg: major milestone for one of -- college football's greatest coaches. why joe paterno may be the best in the business. >> heather: vice president biden preparing for a new

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>> gregg: tile for a quick check of the headlines. no calm after the storm. yesterday's unusual october snowfall left more than -- more than three million homes and businesses without power. could be case before electricity is restored to some neighborhoods. >> emergency landing in montana. air france flight from washington to wisconsin made and you scheduled stop at billings, low international. problem, cracked windshield. none of the 130 passengers onboard were injured. >> congratulations in order for vice president joe biden. his daughter ashley is engaged.ç the office says the family is thrilled. as they should be. >> heather: the feds say fannie mae and freddie mac will start making good on their 120 four billion dollar bailout soon.

-- but there might be a catch. you may remember last week the white house announced they still want them to help homeowners refinance at today's ultra low rates. with so many u.s. homeowners struggling experts worry that the mortgage giant may come back to borrow more. let's bring in brenda buttner anchor of bulls and bears. thanks for joining us.ç before we get to this latest plan from the white house. i want to talk about this 124 billion dollar bailout. are they going to be pay in back? >> they are making a profit. it has been a long time in coming. they were the disaster of the whole bailout. they were seized in 2008 and they just have always been a problem essentially. they guaranteed trillions of dollars in mortgages. and many of them just went under. and many are for homes that

could foreclose now. it is hard to believe they might be about to make aç profit. but, they have to -- in order to pay back the government, they have to pay a 10% dividend on money they borrow from taxpayers. they have to borrow on money that they borrow from taxpayers. >> how does that even allow to happen to begin with? fanny and freddie borrowing from taxpayers to pay taxpayers back. how is that allowed to -- exist. >> it is part of the wonderful thing that we call tarp. >> giant circle. >> exactly. but they are making a profit. it is possible they may be able to pay something b@sk. now president obama wants to help those homeowners who are underwater, which means their homes are worthless than they

owe on them. to refinance essentially -- [ talking over each other ] >> which makes a lot of sense for a lot of people. if that happens, it is very possible that fanny and freddie may have to come back and ask for another 50 billion dollars from taxpayers there we are in the hole again. >> any option to an individual that? >> we could say no. >> heather: is that a possibility? >> we are not good at saying no in washington.ç >> heather: interesting that both the obama administration, republicans and democrats are both saying that they need to stop this. on the other hand you have president obama on monday last week saying he wants to refinance these mortgages. and fannie and freddie would be responsible for doing that. >> and he wants to help out student aids and do more stimulus. all of this is more spending.

>> heather: like talking out of both sides of your mouth? >> it is more spending is what it is. we go farther in debt. that's a very easy formula to follow. either you have to raise taxes or go -- or borrowç more and go more in debt. it is not a difficult formula to follow. >> heather: brenda buttner, thank you for joining us. >> thank you. >> gregg: there is a new king of college football. penn state coach joe paterno may be the best in the biz after seth the record for the most wins of any division one coach. dramatic win in the snow versus illinois this weekend giving paterno his 409th win. he says the milestone means a lot, but added he never could have done it himself. he really is probably the best ever to roam the sideline. he wind on the sideline yesterday whenç they won he was up in the press box.

he still suffering a little bit of an injury. >> heather: a lot of big sporting events this past weekend and the end of last week. >> gregg: we are keeping an eye on st. louis, getting ready for the big parade. cardinals of course. >> heather: i was pulling for the rangers. >> gregg: why would you do that? growing my wife is texas she too. -- >> gregg: my wife is from texas she too. >> heather: what is usually a day of sugar overload a healthy makeover of sorts. atheist group up inç arms over memorial crosses honoring soldiers on a utah highway. the group wants them taken down. should the supreme court take up the case? >> since the civil war, crosses have been erected by federal government at federal cemeteries to honor those killed in wars.

>> you are offended? >> i am offended this is one where i may, if we get to get before the supreme court, i as an attorney general might say i want to argue this case. [ male announcer ] whether over a cup of maxwell house... 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. [ male announcer ] we're not employers or employees. not white collar or blue collar or no collars. we are business in america. and every day we awake to the same challenges.

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>> heather: it is bottom of the hour time for the top of the news. an october snow storm leaving millions without power in the northeast. dozens of flights cancelled at airports from philadelphia to boston. downed trees causing problems forç amtrak and other railroads in pennsylvania and new york. >> gregg: rescue crews temporarily spending search for three missing in an explosion in a grain elevator in kansas killing three injuring two more. >> heather: survivors of that quake in turkey eriking

makeshift tent city. thousands homeless still holding out hope finding loved ones. death toll stands at 596. >> gregg: we could find out tomorrow whether the united states supreme court will take up a case involving roadside crosses in utah. the 12 foot high crosses placed to honor fallen state troopers. a group called americanç atheists is suing to take them down. >> they should be honored. but they can be honored in a way that doesn't emphasize religion. the first amendment of the constitution says, government and religion shouldn't mix. >> gregg: joining us joey jackson and robert shaw defense attorneys and former prosecutor. good to have you. first amendment, let's put it up this is the part at issue congress shall make no law respecting an establishment of religion or prohibiting the free excercise thereof.

if it is on public property robert is this the government establishing religion? >> i'd say yesç for a couple of reasons. the crust fix used here is a -- the crucifix used is a clear indication of a religion. there's no other symbol i believe in the world that week speaks to religion more than the crucifix. you are putting 12 foot high crosses on public land. >> gregg: are you telling me all those crosses at arlington national cemetery would have to be removed? >> absolutely not. at arlington cemetery you have crosses, other religious symbols that are there as well áy of religions that are there in the united states and across the world. but, you expect to see crosses at arlington national cemetery you don't on the side of a

road in utah. >> it is not the size of the symbol it is the significance. let's look at the test. is the government endorsing a religion? i think it is a resounding no. when i see a symbol like this on a utah highway the first thing that comes to mind is not the government is endorsing religion. oh my goodness giving preferential treatment. it is a clear symbol and indication they are honoring those who have fallen that is the con know take it is meant -- connotationç that it is meant. i get it, are we going to turn the constitution on its head because a couple atheists say this goes too far. it shows the government is prefering. what was astounding in the opinion and i'm sure you've read it at least three times. >> gregg: oh yeah. >> they were really talking about and saying this would demonstrate that they would prefer christians in their hiring practices and christians in giving them

preach reference shall -- preferential treatment and how government would respond to them. i think that's outrageous. >> gregg: the united states supreme court decision which came down last year, a very similar case involving a cross in sa miego. the court sort of side-stepped the main issue. but they wrote about it. a 5-4 decision which upholds the use of a cross. justice kennedy wrote: the goal of avoiding governmental endorsement does not require eradication of all religious symbols in the public realm. if the high court takes this case, i'm willing to bet they are going to side on the side of the cross. >> luckily for me i read that today. it was one cross in the desert, i believe had been there since 1934. there was an issue in the sense they transfered the land it was on. >> gregg: which is why i said they sivestepped it. but they talked about the

case. >> a good point is when the first cross was put in utah, it was private land. in 1998, somebody said, with we should be careful of where we put this. >> bob it could be it is one cross. understand, in this case these are not multiple crosses that are all together. these are long the roadside at differing places. also remember this, there are 14 crosses. of the 1411 are mormon people. more -- of the 14, 11 or mormon people. mormon people doesn't recognize the cross this has no religious meaning the connotation is clear it is nonreligious, they;hshould stay. >> federal courts have upheld the use of in god we trust on coins, dollar bills and so forth. even though atheists brought the same argument in front of those judges. the high courts have said, it amounts to a national motto or slogan that is secular in nature.

the cross comparable? >> i'm a christian raised a christian to me for someone to tell me that the cross is secular is offensive to me, because it means so much more. >> it means many things to many different people, not just you. >> that may be true. what i'm saying is, the fact that someone is trying to secularize something, like the cross and say this is justç to honor somebody. again, i think we are walking a fine line. >> forget what it means to all of us. what does it mean in the context of how it is used here? they are honoring fallen people. the connotation is get is just that honor, that respect. with we need to respect the fact they put it there to recognize those who have died. >> some of those explain officers may not have been christian. >> at all. >> robert, joey, we'll wait and see how the supreme court decides. >> thanks. >> heather: we take to you a live situation. we mentioned it moments ago this is the world champs,

st. louis cardinals their victory parade. they won in game 7, 6-2 over the rangers.ç by the way gregg it was the most watched world series game since the red sox win in 2004 with 16.6 million watching friday night's game. i was watching, were you? >> i was. these are smaller markets st. louis, texas, it is not los angeles, it is not new york, it is not boston. and yet, people were riveted to the world series. game six was the game that everybody will remember. >> yes. >> gregg: the cars came from behind. texas rangers got to feel sorry from them they were one strike away from winning the whole thing, twice.ç >> heather: the 9th inning it all changed. >> congrats. >> heather: if you think the cost of sending your child to college is already astronomical. consider what some parents

might face a few years from now. california now considering cuts that might end up doubling the tuition of some uc students by $2 -- by 2015. casey stegall joins a lesson about the skyrocketing costs of higher education to say the least. why has it risen so dramatically? >> reporter: there is no simple answer. the experts blame a number of reasons. everything from overpaid professor to funding of athletics toç decreased funding from the states. take the university of california system, it operates 10 campuses around california. it is one of the largest higher education outfits in the country. uc says it is receiving nearly a billion dollars less from the state than it used to. therefore, must find other ways to bring in that cash. >> we're applying all things that we are doing on administrative efficiencies

and on new revenue sources. i mean things like taking more nonresident students. looking for more in our private philanthropy, more indirect costsç recovery out of our contracts and grants. >> reporter: the average cost for an interstate student at one of the uc schools right now can range from $26,000 to $30,000 a year that is tuition and room and board. it is more than $10,000 already above the national average. >> heather: that's interstate. what is the national average? what do the numbers look like in other parts of the country? >> reporter: you may not believe your eyes. there's a new report from the group call the college bore. it is a student advocacy group. we have a graphic that paints a picture of how grim the situation really is. the average cost, accordingç to that group, for a state

university tuition in america runs more than $8200 a year. add on as you can see in yellow, additional $8800 or so for room and board that makes the total more than $17,000 a year. the average for a private school, take a look at this, more than $38,000 annually. >> we've done public opinion research on this a majority of americans now believe that significant numbers of people who are qualified to go to college don't go because of the price. others just go to the cheapest ajeát+hsru be best with qualified for. others go part-time instead of fulltime so they can work. >> reporter: there is this battle brewing obviously between state lawmakers and a lot of universities. the folks at the universities say we need more money from the state. you have folks at the state saying we are hemorrhaging money and we have to find ways

to make cuts. and the universities themselves should be able to control their own costs. again, this is not a situation unique to california. it is happening all over the country. a pretty penny to go to school these days in this country. >> heather: pretty penny or two or three, thank you casey stegall. >> reporter: or 20. >> gregg: when i went to the you have ofç california, back in the 70s, it was free. i to law school there and it was free. now -- and now of course a lot of money. presidential candidate rick perry committed to participating in at least five upcoming debates after his campaign floated the idea he could skip some to spend more time with voters. how this strategy could help or hurt his chances of winning the republican nomination, straight ahead. >> is it the mitt romney on the side of against the second amendment before he was for the second amendment? was it before he was before the social programs from the

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joining us fox news contributor susan estrich science. you wrote a column on it this week. a very good column. i want to talk to you about that. do you think perry's decline in the polls actually corresponds with what many regarded as a poor debate florida? >> i actually do. he came in, there was enormous enthusiasm. a lot of conservative republicans, tea party supporters thought here's our guy. michelle bachmann is hard to sell as a credible president. and there was a lot of hope and expectation around rick perry. and he came in and frankly he stumbled. running forç president looks easy, unless you are doing it. as i've said before, what do we say to our kids when they stumble? we don't say attack the person who is running the game or blame the bicycle.

we say get back on and get better this is how you learn to be a good candidate. >> gregg: you don't attack the moderators or format that sounds like a vacuous excuse. it is true that tough debates can break a candidate. the experience can also make a candidate better. in fact, you point out barack obama as a good example, explain. >> well, these can be difficult, i'm been through guys on the stage, one minute to answer, tricky format, nobody says it is easy. but being president isn't easy either. running in a general election isn't easy. the advantage of these debates, i've always thought, if you take them seriously, work?j% h, hone your message, then you can end up at the end of the process being a much better candidate than you were at beginning. i think having watched barack obama go through his

campaign, even bill clinton, they were much better at the end than at the beginning. and i think for rick perry, this is a mistake for two reasons. th. but second, it sends the message of quitter, sore loser. it is all bret baier's fault that's not what we want in a president. >> gregg: you decided to offer the governor a bit of advice. here's part of what you wrote in your column: >> gregg: susan, do you think it is possible that rick perry just doesn't have the communicationç skills required for this job? >> well that's the message he

is sending to people. if i were rick perry, i would -- not that i am, i would come out and say look folks, i'm used to governing. i'm used to making tough decisions. i'm not really as comfortable as some others in this format. but guess what, i'm gonna work harder. i'm going to do better. i'm going to listen to the criticism. i'm going to take it to heart and do my best. instead what he seems to have done and his campaign seems to have done is to say this isn't a measure of anything thispo isn't a test of anything. you0ññsix millionç people who watch that fox debate you must have been idiots to think that you were doing something useful. i just think, you know, i'm a democrat, why should i worry, but it he is really shooting himself in the foot. and i think handing the nomination to mitt romney. >> gregg: susan estrich, great column as always. thanks for being with us today.

>> my pleasure, happy halloween. >> gregg: you too. you can catch susan's syndicated column in newspapers across the country every wednesday and friday. >> fair and balanced catch chris wallace's interview with governor perry top of the hour right here on the fox news channel,ç so keep it right here. >> heather: the sights and sounds of halloween can be scary for some. but for others it is all of that fattening candy. we'll tell you how to keep your trick-or-treaters trim with healthy halloween tips from minutes journal, up next, if you dare! ♪ ♪ ♪ 4g-- the next evolution in wireless technology. with advanced power, the verizon 4g lte network makes your business run faster:

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>> gregg: a very happy halloween to everyone from us here at america's news headquarters. >> heather: what better way to have a happy halloween than to make it a healthy halloween. here with the inside scoop she says it is possible, senior health editor from minutes journal sarah tolan. thanks for joining us. >> thats for having me.

>> gregg: people are s tempted to say i'm going to give up banana -- i'm going to give out bananas and apples to kids. >> to be honest it is healthy to have a little candy hall wouldn't&ç that said, you want to mitigate damage in calories and saturated fat. since parents eat half of all the candy the kids bring home it helps to learn a trick. >> gregg: i eat a lot of candy around halloween, it is there. you've brought some stuff here, talk to us about this. >> when you are digging through your kids' bags looking to buy candy to hand out, go with chocolate, it is loaded with antioxidants shown to reduce blood pressure, cholesterol, lower risk of diabetes and depression. dark chocolate better than milk chocolate. we have hershey's special dark they come in bite-sizedç

nuggets these are great for handing out. healthier than plain sugar. >> heather: you say the york peppermint patty, excellent. >> they are great, pure calories and less saturated fat. you eat them and you can't go to eating something else because it is like brushing your teeth leaving you with that mint after taste. so it is healthy. look for fun-sized bars that have less calories than others. three musketeers and crunch bars are excellent choices because they have 30 to 40 fewer calories than butter fingers, mounds and almond joys. coconut that dives up the saturatedn+-2c -- that drivesçp the saturated fats. hard candy it going to take a while you have to suck on it, you can't be putting it all in your mouth at one time. you have to save your one piece. 60 calories a pop not bad. >> sour apples the problem with these bite-sized ones and

they have a giant bag upstairs in the office, i didn't just have one. >> you have another and another. >> the m & m's are lower on the glycemic index they won't shoot your blood sugar through the roof. you should not get cravings to keep eating. they have a little protein, a little fiber and healthy unsaturated fat.ç peanut m & m's are a good choice >> gregg: what else do you have? >> this is if you are going to the adult party. kids are out, you want to have fun. those adult parties notorious for the cupcakes, vampire martinis. i say go for the real food. find the popcorn there's always popcorn, whole grain, fiber this is candy corn flavored popcorn. kettle or carmel will do. >> heather: i love the carmel

corn. >> rice crispy treat made with cereal surprisingly good for you a couple have 140 see? >> that's waiting for you after the segment. this is a bloody mary all the other cocktails made with fruit juices this has fewer calories tomato juice has vitamin c, reducing your risk for a hangover the next day. >> gregg: sarah, thanks for being with us. happy halloween everybody! [ male announcer ] drinking a smoothie with no vegetable nutrition?

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