>> not really. it sounds like mr. carney needs to go back to church a little bit. you're not going to find that phrase in the bible. "fox & friends" starts right now. >> you're watching "fox & friends." that's a great way to begin your day. >> good morning, everyone. hope you're going to have a great thursday. eric is sitting in for steve today. >> good morning. i can't believe the herman cain controversy continues to grow and then the people that he's accusing then accuse somebody else. it's beginning to be like a soap opera. >> i wrote it down on a piece of paper. it is a flow chart. corporate flow chart. him, he did it. no, she did it. he did it. it was a he said/she said. now it's he said, he said, he said, she said. >> and my overarching theme is why would anyone get into politics when this kind of crap goes on? just wondering. let's go to your headlines right now.

chaos breaking out in california overnight. right now, as many as 40 occupy oakland protesters are under arrest after throwing homemade bombs at police. protesters stormed several businesses and set fires in the streets. police were reportedly forced to fight back with tear gas and flash bang grenades. earlier in the night, more than 3,000 protesters forced officials to shut the whole thing down. in the midst of all the chaos, two protesters were hit but a car. both are expected to be ok. more on that story coming up. >> a big round of layoffs for the air force now. 436 captains and majors will be out of a job this march. it's aimed to meet congressionally mandated cuts. the announcement comes as the pentagon braces for $450 billion in cuts over the next 10 years. their part of the deficit reduction deal president obama struck with congress in august. and there could be more if that super committee doesn't come up with a solution. lawyers getting ready to deliver

their closing arguments today in the manslaughter trial of conrad murray. the jury could begin deliberations as soon as tonight. if murray is found guilty for his role in michael jackson's death, he could get four years in prison and lose his medical license. the white house caught in a bible blunder. it started when president obama brought god into the debate over his jobs plan. >> i trust in god. but god wants to see us help ourselves by putting people back to work. >> isn't it a bit much to bring god into the jobs debate? >> well, i believe the phrase from the bible is "the lord help those who help themselves." >> all right. but the original debate was that president obama didn't believe that congress should take up the phrase "in god we trust." so i don't know. who's right in this whole thing? it's believed that the ancient greeks came up with that particular phrase that carney just said and the english version is atribtributed to

benjamin franklin. >> i thought by now, the herman cain controversy that began on sunday after "face the nation" when herman cain was approached by a reporter when he said did you hear what's in this on-line story? it's far from over. in fact, yesterday, it got even binger because herman cain's camp come out and says i think i know, we know we know, i should say, where all these accusations have come up from and where these stories have been dredged up from. >> this guy, mark block herman cain's chief of staff, the smoker, he went on bret baier and pointed the finger directly at rick perry's camp. >> he actually read from a piece of paper like a statement. i mean, what does that mean, it had been lawyerized to death, number one and he didn't trust himself to actually say what his reasoning was going to be without reading it from a piece of paper? here's mark block. >> the actions of the perry

campaign are despicable. rick perry and his campaign owe herman cain and his family an apology. both rick perry's campaign and politico did the wrong thing by reporting something that wasn't true from anonymous sources. >> they asked him again, where do you get the proof from that the perry camp was involved with that? essentially they say there was some workers that used to work for herman cain, one guy in particular, curt anderson who got the right story from herman cain when he was running for president, when he was running for senate in 2003 and said, you know, i have this sexual harassment suit in the background. it might come up. it never came up. now that guy is working for the perry camp and joined the perry camp a couple of weeks ago and that is really i understand what they are building their accusation on. >> i can see sort of a train of, you know, timing there. have no idea if that's true or not. but it could make sense.

>> but also, let's make note that the perry camp came back and said unequivocably, no, it didn't come from here and then pointed the finger at the romney camp saying there's another anderson, a guy named steven c. anderson who followed herman cain has the ceo of the nra, the national restaurant association, and he followed cain into that job who has been at least remotely linked through campaign contributions to mitt romney. so it went that way and then it goes that way and that way. i mean, in the meantime -- >> my feeling is this. if i have a hunch that you're stabbing me in the back but i don't know, even though i think my instincts say it. unless i had something for sure to show that, eric, i couldn't do it. so i'm wondering -- >> wait a minute. so wait a minute, brian. >> this guy used to work for me. he knows the story and -- >> this whole story came from anonymous sources. so if that theory is true, we should go back and say, how did this story ever surface because really did it come from sources who will go on the record? no.

so, you know, this whole thing you could use that analogy for. >> the thing is, is herman cain upset that anonymous sources have accused him of things? seems to be. what is he doing here? going after governor perry's camp? >> honestly, who cares? these were settled lawsuits years ago. what really matters is how herman cain's camp was given 10 days of prep to handle this media blunder that just completely fumbling the ball. number one, and number two, the big question, look, i'm a huge herman cain fan. i'm even mentioned in his book, love the guy, but is the way, you know, you want a president to handle an emergency. >> i actually want to know who planted this story. i think that's as important, who planted the story because i don't think the american people will be happy with finding out who planted the story and happy with the person who did it. >> if you're following the way it's going right now and we understand the perry camp has been accused by the perry camp and the perry camp said check

romney's camp. the word is from the washington times that according to a source who's friends with the cain camp, not only is rick perry's campaign involved, but the mayor of chicago, former chief of staff rahm emanuel is likely involved. with the sexual harassment accuser attacks. how rahm emanuel factors in and how the president could benefit from this controversy, i'm not sure. >> it seems like everybody is being accused of something here and everybody is denying it at this point in time. in the meantime, a third accuser came forward. again, she's anonymous. bring you more on that in a little bit. >> now to a fox news alert. world leaders coming together for the g-20 summit in france right now. much of the meeting being overshadowed by europe's debt crisis and whether greeks will vote in favor of a bailout deal. fox business reporter rich edson is live in cannes where the summit is under way. >> hey, good morning. so much for the g-20 agenda. that's been changed. especially with the news out of

greece. the president has just wrapped up a meeting with french president nicolas sarkozy. he's on his way to meet with the german chancellor angela merkel and yesterday, those two european leaders spent the bulk of their day meeting with the greek prime minister. delivering an ultimatum. basically, you pass those austerity measures, you raise taxes and cut your spending or there's no more bailout money. that's it. you'll likely have to leave the euro zone after that. the president, just meeting with sarkozy said that the two men discussed how exactly they're going to address greece in the euro zone. take a listen. >> i think it's no surprise that we spent most of our conversation focused on strengthening the global economic recovery so that we are creating jobs for our people and stablizing the financial markets around the world. the most important aspect of our task over the next two days is to resolve the financial crisis here in europe. >> the president also congratulated president sarkozy on the birth of his daughter

with his wife and said that he hopes that the daughter looks more like miss bruni than mr. sarkozy. back to you. >> which is a good thing. no offense. it's pretty good. >> i think sarkozy is a handsome guy. anyway, i'm just a woman. thanks so much, rich. live for us over -->> as eric told me in confidence, bruni is quite a looker. >> i would say so, yes. >> i want to add to round out the herman cain story that the woman that wanted to come forward and tell her side of the story. that was the news yesterday. apparently, she doesn't want to come forward. she does not, according to her, want to become the next anita hill so she will not be telling her story which is an interesting development. >> the lawyer could. >> the lawyer could come forward and tell her story and that's why he petitioned the national restaurant association to be able to lift the confidentiality. >> the bottom line is $35,000 payment to her from the nra. someone could walk in and say here, whatever the 35 grand in penalties could be another 35,

here's 70, here's 100. give me your story. >> she doesn't want to do it because she doesn't want to become a pariah. >> you're not that important honestly. >> i don't know. >> let's talk about another story which is another solyndra happening. another department of energy loan? this has to do with beacon power. this is a company out of massachusetts. it made flywheel energy storage systems. and it also went bankrupt after a $39 million loan. now, a judge has been asked by that company for them to be able to use part of taxpayer money as cash collateral to pay operating expenses during this reorganization. in other words, they say they cannot continue as a company. >> how do you feel about that? there's a government loan and by the way, the department of energy is not happy about this ruling. they said ok, this is our money. you're wasting it. you've gone bankrupt. we should have it back and see if they're allowed to use what's left of that loan. it's revealed that they have $700,000 of their own money

that's unrestricted that they could use but they don't want to use it. they'd rather use our money. >> meanwhile, yesterday, solyndra went to an auction, a bankruptcy auction so they're auctioning off solar panels and whatever else. the problem here is they're expected to raise somewhere around $70 million after a $555 million payment loan. so the $70 million is going to go to private investors who got -- somehow got in line in front of the taxpayer and that, right there, is the big problem. that somehow, a private investment group got in front of the taxpayer. >> does anyone find it ironic back to the beacon story and using the taxpayer dollars to keep them afloat during renovation, it's now the department of energy fighting against that saying they should use their own money for that. why didn't they think that before they gave the loan? i mean, $39 million and now you're fighting over $3 million? it seems a little incongruent. >> right, they may be getting a lot of scrutiny over solyndra, sunpower, some of the other --

fisker. doesn't it seem like they're playing games with $700,000. come on. that's a lot of money. >> he we all have $700,000 for a rainy day. we all understand that. for solyndra, the government almost gave them a $100 million bailout to keep them afloat. at the last minute, they rejected that. can you imagine that after spending $535 million? medicare is going broke. maybe this is why. doctors cheating the system by writing off dance lessons as legitimate if therapy. is that serious? >> and our next guest says the death super committee needs to set the bar much higher but is there any chance that can actually happen? they only have three weeks left, folks. we're going to ask them. >> makes you happy. [ male annouer ] juice drink too watery?

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>> go big or go home. a bipartisan group of 100 lawmakers urging the congressional super committee to consider all options in slashing our nation's debt by thanksgiving in a letter sent to the six democrats and six republicans, the group says "we know that many in washington and around the country do not believe we in the congress and those within your committee can successfully meet this challenge. we believe that we can. and we must." >> the lawmakers leading this call to action are our next guests. joining us from washington, idaho republican mike simpson

and north carolina democrat heath shuler. welcome to both of you guys. why do you think it was necessary to put this out, congressman shuler? >> it was very important that there's no more pressing issue that we're faced in this country that the debt and deficit that we continue down this path for the last 10 years. we have to get on the path for recovery. the best way to do that is show support that we must go big. $4 trillion in savings that we must find and the only way to do that is have support in a bipartisan way with democrats and republicans. dropping that political barrier between the two, the rhetoric that's been going on for quite sometime and say we're going to stand together and make a clear path to recovery. >> let's talk about debt a little bit. representative shuler says $4 trillion. the g.o.p. agree with the $4 trillion number? >> i think every organization, every independent committee, every individual that's looked at our financial situation says

the $1.2 trillion mandates that the committee has been given is insufficient and really kicking the can down the road and we're out of road right now. and they have to get to at least $4 trillion in order to stablize the debt and to start paying down our deficit. i'd like to see them go bigger than $4 billion. if they can get to the $6 billion level, that would be very important also. >> congressman shuler, you know the deal. we'll line up both plans now and listen to satellite radio to be able to take them in. you know the deal where you say go big and go home. if i'm a republican and i say revenue increases, i'm going to lose all my support. if i'm a democrat and i cut entitlements, that means i'm going to lose my job. how do we get the people thinking less about themselves and more about the country? >> i think that's -- that's the part of it that it's what can we do for our country? not what our country can always do for us. we have to make really tough decisions and we got -- have to do it together. it has to be both democrats and republicans working in a bipartisan way and finding a

compromise. everything must be on the table. >> let's ask that. both you guys, congressman, the democrat. you willing to cut entitlements and are you willing to raise tax? >> the most important thing we can do in order to have a true entitlement reform and the true tax reform. those are two areas that we can find a tremendous amount of savings and we can lower the tax rate and broaden the base and we can reform medicaid, medicare and social security and be able to protect it and have it for the next generation. >> a lot of people look at this and they're concerned that revenue means tax increases and i don't know of anyone that is in favor of increasing tax rates but we are in favor of increasing revenue. and you do that just like heath said, you lower the tax rates and you broaden the base and get rid of the exemptions underneath and i think you'll see an economic boom in this country and i think you'll see a great amount of additional revenue come into the federal government. >> we'll all know in 20 plus days. hopefully better than the debt ceiling debacle. >> can i point out, it's

refreshing to see republican and democrat sitting in washington and working together. >> this can only be done in a bipartisan way and can't be done by either party alone. >> you seem to realize that. hopefully others will. congressman mike simpson and congressman heath shuler, thanks so much this morning. >> thank you, gentlemen. >> this story we first told you about yesterday. elmo being sent to pakistan to help teach tolerance costing you the taxpayer $20 million. is it worth the money? up next, the former deputy secretary of defense who just met with the president musharraf. >> the airline pilot hailed as a hero for touching down without any landing gear is finally speaking out. he says he's disappointed with the job he did and doesn't want to be calmed a hero. i'll call him a hero. my name is ron orsini,

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>> hi, i got more to say. here's the news. five illegal aliens rescued from a makeshift tunnel that led from san diego overnight. firefighters cut through a large fence to pull each victim out. take a look at this, a ruptured gas line going up in flames right in front of a home in california. the gas company was reportedly working on the steel line when it broke. one of the workers now being treated for second-degree burns. gretchen? >> thank you, brian. the government has a new weapon in the war on terror. it's somebody you might not assume, elmo, in a brand new initiative expected to start this month, the u.s. will spend $20 million on a pakistani version of sesame street. the government hopes it will increase tolerance in the region. others say it's a big waste of taxpayer money. who is right? joining me now for a fair and balanced debate, fox news contributor judy miller and

former deputy assistant secretary of defense, k.t. mcfarland who is also a fox news contributor, are you not? >> yeah, i am. that's what i thought. good morning, ladies, to both of you, so on its face, judy, when i first heard this story, i thought $20 million. that's a lot of dough. but then i started finding out that actually elmo is going to be -- he's going to be talking about a young girl who is the captain of her school's cricket team and a budding musician and illustrating the importance of opportunity for girls and women. where do you fall on this? >> i think we need a creative approach to aid in pakistan. the united states has spent roughly $20 billion in that country and yet 70% of pakistanis think that we're not spending anything at all on them. nothing that we do there seems to work. you've got 1 out of 3 children not in school. if you can reach them with a message of tolerance and good will, i think that's a good way to spend money as opposed to how we've been doing it for the past 10 years since 9/11. >> k.t.?

>> i think it's a dumb idea for three reasons. one, $20 million, we're trying to cut the budget, why are we giving $20 million more to a country that doesn't like us? two, if we're doing it, why don't we get a little credit for it? one of the problems with this program is it's not going to have made in the u.s.a. anywhere near it. jeopardize the fear to be successful in pakistan. if we want to make a difference, why are we giving them tv commercials? why don't we build them schools? it's a country, as judy says, 70% of the population is illiterate, what if you put that money, even the money that we're giving out of that $20 billion that we've given over the last decade, we build schools with made on the u.s.a. on the side. >> how do we know that the money we give them would even go to building schools? >> precisely and, you know, you can't drag pakistani children to schools when they have to be working because the country is so poor. that they don't have any other options. but if you could reach them in

their homes, if you can get them when they're young to listen to a message of tolerance and gender equality, hey, you know, we've wasted so much money on so many hair brained schemes in foreign aid, let's try something we know works. "sesame street" has attacked obesity among children in the united states. it's attacking bullying among children in the united states. it's a very powerful medium. we are good at messaging americans. let's use it. let's try it. and hey, you know what? i don't care if we get the credit as long as we get the results. >> so k.t., one of the other things that this program is supposed to do is cut down on fundamentalism teaching. in other words, get into the minds of children early on so that they don't choose the fundamentalist side of the muslim religion. but do you think that will work, number one or do you see that as a brainwashing technique that could backfire in the u.s.? >> look, i think the united states information agency has had a terrific history. i believe in propaganda. i believe in talking about america and singing our praises

to ourselves. and to other countries. but think about when is this going to take effect if it takes effect? we're talking about 20 years from now when the 3-year-olds who are watching "sesame street" in pakistan grow up and decide i am not going to be a jihadist and i'm going to be a good citizen and i'm going to like america. that's a long time. we have a lot of problems with pakistan between now and then. judy is right. we need to rethink the whole military and civilian and economic assistance to pakistan because when we met yesterday morning with general from pakistan and i asked him what if america cuts off the aid to pakistan? he said it's just peanuts that you're giving us anyway. if you cut off the aid, we have other friends. >> that's exactly what the people there think even though it's been $20 billion. very interesting debate. thanks so much for getting up bright and early. >> thank you. >> let us know what you think about that. who do you agree with? coming up next on the rundown,

what you didn't know about ronald reagan's presidency and paid to protest. a california mayor gives city workers the day off to join the violent occupy oakland protests. stu varney says there's one thing behind all this. he's blaming the unions! he's up next. welcome idaho, where they grow america's favorite potoes. everyone knows idaho potatoes taste great. but did you know they'reood for you too? they're high in vitamins and potassium. and idaho potatoes are now certified to carry the heart checkmark from the american heart assoction for foods low in saturated fat and cholesterol. so they're good for my family, and for yours. heart smart idaho potatoes. always look for the grown in idaho seal.

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learn more at chase.com/ink >> holy snakes, this is your shot of the morning. may not be the only things carrying away from the atm. a man in spain getting a big surprise when a snake slithered out of the atm right next to his cash withdraw. eventually, police were able to coax the agitated reptile out of the slot and bring it to a local animal shelter. >> yuck! >> actually, i'd take that snake any day over that tarantula the other day. >> maybe the person was withdrawing too much money. this was god's way of saying enough of the withdrawals, you need deposits. >> couple of headlines for you. this is very interesting. newly released c.i.a. documents are giving a closer look into ronald reagan's presidency and how he used cold war intelligence.

>> chief intelligence correspondent catherine herridge got an up-close look at those documents. good morning, catherine. >> brian, gretchen and eric, good morning. one of the c.i.a.'s historians told fox that the agency started the video briefings because analysts believe the tapes would appeal to president reagan with his acting background. the clips you're about to see are the same clips shown to the late president and his national security team. >> reports from soviet tv that liberally used footage from michael jackson videos, the videos were used by the media to shoot a picture of american life. how the soviet government wanted the citizens to believe that the u.s. is evil. >> in recent years, the soviet media has said much about the american way of life and its portrait of america is a dark one. it is designed to convince the soviet people that our social system is anything but desirable. >> the videos, most were made

in the mid 1980's, seem quaint by today's standards but striking in this 15 minute briefing in afghanistan, many of the same points ring true today as u.s. troops pull out of the region. there's also a new addition to the c.i.a.'s museum. a letter on adolf hitler's stationery written by the then lieutenant who later became the c.i.a. director during vietnam and watergate. helms took the stationery and wrote to his son on d.e. day. dear dennis, it reads, the man who might have written on this card once controlled europe three short years ago when you were born. today he's dead. his memory despised. his country in ruins. that letter was presented to the c.i.a. by the helms family one day after bin laden's death. brian, gretchen, and eric? >> all right. very interesting stuff. >> fascinating. more headlines coming your way. the nicolas cage movie "lord of war" was based on his life. >> how are we on the other 11? >> the new uzi machine pistol.

>> there's nothing entertaining about what just happened to victor booth. he's -- a federal jury in new york convicted the so-called merchant of death. he tried to sell anti-aircraft weapons to a colombian rebel group that wanted to shoot down u.s. forces fighting the drug war in south america. he faces life in prison and his sentencing in february. >> tugboat captain sentenced to one year in prison for plowing a barge into a duck boat near philadelphia killing two tourists. prosecutors releasing horrifying new video of the crash. it showed the stalled duck boat didn't have a chance. the tugboat captain was distracted making and receiving 21 phone calls with his wife while their 6-year-old son suffered complications during eye surgery. matthew devlin will begin his prison sentence on january 5th. >> and the jig is up for a group of doctors accused of using dancing lessons to steal your taxpayer money. the crooked doctors reportedly

paid patients to take ballroom dancing lessons like brian does so they could pawn them off as physical therapy sessions and collect medicare funds. >> it relaxes me. >> the scam reported -- by the way, we didn't dance well last time, gretchen, you and i. >> my fault. >> it netted the new york city docs nearly $12 million in fraudulent claims. they kept the patients quiet with free lunches and facials. brian? >> the piloted being called a hero for safely landing the polish airlines flight without landing gear is speaking out for the first time. he told polish reporters yesterday it was a huge relief once all the passengers were evacuated from the plane but he thinks the landing could have been a little smoother during a press conference in his native language, the pilot admitted he had practice. before he flew jets, he flew gliders. >> that's like pitching a no-hitter and saying it could have been a perfect game. >> right. i think he's just being humble. >> all right. ok, occupy protesters upset with

wall street's shutdown in oakland, california. >> but the city's mayor in oakland seems to be standing with the protesters. seems to be? she allowed city workers to take a day off to join in on these marches. >> stuart varney, you are here. occupy is around the country but oakland has really been violent. >> look, this occupy movement took a step up with oakland. they shut the city down. we have not seen occupy movements do that elsewhere. secondly, the unions led this. the unions are now taking a firmer control at least of occupy oakland and thirdly, there is outrage here throughout california and elsewhere that the mayor of oakland would give all city workers except the police force, give them the day off with pay to go and join the demonstrations so therefore, taxpayers ended up paying for the shutdown of their own city. >> i want to get the name out there. it's oakland mayor jean qwan.

how does she -- i don't know how she rectifies this in her own mind when california is broke! >> right. oakland is broke. they laid off a whole slew of police officers recently. they are flat out broke but they will pay their own workers to go out and demonstrate to shut down the city. it's utter nonsense. >> any thought, stuart, that occupy oaklands were -- the ex-military man was hit with a -- he's fine now, right? he's in good condition. exactly where the -- the scene where that happened so maybe this is kind of a hey, i'm with you. now i'm with you. >> maybe that element in there. but it did turn violent last night. big fire lit in the center -- not in the street, i should say, in the center of oakland. it was just the demonstrators facing off with the police force and the police are none too happy about this. all other city workers got the day off with pay. the police have to go out and place their own city workers demonstrating on the streets. this is crazy stuff. >> this mayor aside, politicians

are starting to keep arm's distance away from these people now. sheldon silver, powerful speaker in new york is getting upset, they're spreading out and doing disgusting things and hurting merchants nearby. what are we waiting for? >> we said on this program that president obama might regret the embrace of the occupy movement that he took -- which he did several weeks ago. now you've got this in oakland, another somewhat similar events and behavior like that. i wonder if the president will maintain the embrace of the occupy movement? >> i wonder if the mayor is going to set a precedent and allow this to be a once a week event. hey, take the day off! go join the protesters, the taxpayers will pay for it. >> with the outrage being felt across the country and california which is broke. i can't imagine that she'll do this once a week. maybe she will. i can't imagine. >> i got my tv guide this morning, it says "varney & company" is going on at 9:20. are you ready? >> ready, willing and able. if you put it like that.

>> i'm definitely watching. >> thank you very much. >> coming up on our show, new rule. no more clapping. can the city outlaw that to keep peace and quiet? they allow bongo drums on wall street. we're about to find out. >> can you legislate annoying things? do you think your family photos are embarrassing? the new book featuring the most awkward family and their pets. >> there's you, brian. i habe a cohd. yeah, i toog nyguil bud i'm stild stubbed up. [ male announcer ] truth is, nyquil doesn't un-stuff your nose. really? [ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth!

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>> some quick headlines. food stamp usage has reached a record high. a new report shows nearly 46 million americans received federal assistance in august.

the increase is attributed to the high unemployment rate. and remember this classic 1980's commercial for the clapper? well, now, the one city now banning clapping at city council meetings. the mayor of peekskill, new york says the meetings have gotten too unruly while critics say it's stifling their freedom of speech. gretch? >> we all love our pets. sometimes we love them a little too much. >> yeah, and the new book called "awkward family pet photos" our next guests create a hilarious tribute to the tight bond between people and their pets capturing images that some owners might notment you to see. >> mike bender and doug chernek are the co-authors of the new book and join us live on the couch. good morning to you. >> good morning. >> this is the sequel to the awkward photos of actual people. >> it's awkward family photos was the first book. >> that was so popular. pets was the next step? >> yes, i think we -- it's a different dynamic we haven't fully explored. we thought it deserved a home of

its own so it became a second book. >> how do you define awkward? >> in many, many -- >> how do you tell? >> basically it's any photo that makes you uncomfortable in some way. that's -- >> so if i'm uncomfortable, your book is going to be a bestseller. >> we hope. we hope you're uncomfortable. >> if you see me shifting in my seat. >> see some of these pictures. can we scroll through a few of these? >> this is a family that obviously loves their monkeys and you can see they're all dressed in different outfits. >> ok, i love your title on these two. you solicited these on your web site. >> they all come through awkward family pet photos.com. >> this is a holiday photo. >> does bob barker know you're doing this? >> sorry. >> there's a goat in the living room. and you can see why. because they actually took the photo in their living room with the family goat. if i feel uncomfortable which i do, that means the picture is --

>> that means it's working. >> this is my favorite one. >> you named these, right? >> we named these and yeah -- >> who is it? >> classic example of someone bringing their pet to portrait studio and doing this. >> they didn't push that car off the cliff at the end. >> let's hope not. that's why the pebbles are there. >> chick magnet. >> this is two people admiring a chicken. and they look like they're in love. but that's not an engagement photo. >> it was? >> that's scary. >> these people have a lot of -- >> some people have a lot of dogs and this is a great example of that. >> yep. >> ok. and that made the cut. >> now, in terms of this book together, you are a genius because these people sent in the pictures for free and you're going to make all the money, is that correct? >> well, we don't quite look at it like that. but we actually, you know, for us it's really not about that. i mean, we just -- we started this with our own family photos and for us, it's just -- it's so

much fun, every day to go and open up our e-mail boxes and see what surprises we get. >> what's next after this? you've done families and pets. >> relatives? >> i think for us, the next generation is awkward family videos. >> very good. you have an animal, do you want to share a picture? >> you know, my son and wife sent me this picture halloween night. not that one. >> oh! he's -- there's freedom dressed as a frog and it's almost -- what would you call it when you dress an animal like another animal? >> inappropriate. >> torture. >> awkward. >> awkward. >> he was a good boy. >> although i have a dog that gets a lot of publicity, we don't give a lot of attention to the rabbit. when my daughter was told to give attention to the rabbit, she did something interesting. she laid him on his back and he sat there. there's my rabbit on an incline on top of the couch. >> is it alive?

>> in a matter of moments, his feet will go over his head and tumble to the ground like a slinky and it's fantastic. that's my rabbit which by the way is still healthy. >> i can't believe it. it was five years ago that i bought you a harness for it. >> i was told that would choke it to death by people who said whatever you do, don't put that harness on and don't take gifts from gretchen anymore. >> that would make it in the awkward family photo book or pet book. guys, continued success. fun to look at the pictures. >> thank you so much. >> geniuses. coming up next, fast & furious getting even bigger. even more guns flooding our country from mexico. what does that mean for attorney general eric holder's future? >> then you can drink to this or maybe you shouldn't. there are so many conflicting stories of whether alcohol is good or bad for you. which one should you listen to? a doctor separating fact from fiction. when we come back. sweetie i think you need a little extra fiber in your diet.

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>> we have a warning for you this morning. watch out, all you moderate ha university says that drinking even three to six glasses of wine each week could increase your chances of developing breast cancer by 15%. what about heavy drinkers? well, having two drinks per day ups your breast cancer risk by 50%. >> joining us right now with more is a plastic surgeon at mount sinai medical center. so doctor, first off, the impact of alcohol, these conflicting studies, people don't know what to do. >> this is not the first thing. there have been several studies over the past years that have

shown there's a definite risk of increased breast cancer when you drink. what's new about this study is it looks at even moderate drinking. three drinks a week and that will give you an increased risk as well. >> ok, so i asked you during the commercial break because i think a lot of people out there have three glasses of wine maybe a week. why? what does alcohol have to do? what's the connection to breast cancer? >> we think the connection has to do with your hormones and something about drinking changes your hormonal part of your body that favors development of breast cancer. >> here's one conclusion from the study. moderate drinkers have a 23% reduced risk developing alzheimer's disease so they're streaming upstream to the negativity. >> absolutely. so there have been over 400 studies in the last couple of decades that have shown benefits to alcohol, primarily red wine, cardiovascular risk and alzheimer's and other studies that show other benefits as well. >> here's another study, that it could help young men fall asleep, drinking can but can interfere in keeping them

asleep. i can attest to this, if i drink white wine, it wakes me up at night. >> absolutely. it may help you fall asleep. you may wake up earlier in the night, very late in the night. very early in the morning. >> what's that from? >> that's just changes the brain activity. >> or maybe some of the cork in the wine. >> beer helps strengthen bonies, is that the truth? >> that was one study and it's a small study and i couldn't draw anything conclusive on that. >> i am. i'm going to say yes. >> brian likes his beer. what about bone problems? now, binge drinking apparently can decrease bone mass and bone strength. should we believe this one? >> that's true and that really had to do with nutrition. if you drink -- a lot of people who are alcoholics don't eat right and don't get the nutrients they need. >> it's not necessarily the alcohol that's killing you, it's the lack of attention to your nutritional plan. >> overall, it seems like almost every day in the news business, we're reporting on another new

study. what are people supposed to believe? one day wine is good. the next day it's not. >> the overwhelming majority of data shows there's a definite increase benefit from alcohol with your heart and everybody has to make that decision for themselves. and the risk from breast cancer, the increased risk is moderate, 15%. so maybe the take home message is keep it under three drinks a week. >> you don't ever see yourself writing a prescription for budweiser? is that right? or a glass of reunite. >> absolutely. i have my pad here. >> you can connect during the commercial break. great to see you. >> thank you. >> coming up on the show, protesters want to change the economy. now they have. they put 21 people out of work. they're not wall street workers, the owner of the restaurant who says they occupied his employees right out of jobs joins us top of the hour. >> and a big honor for an american icon. the story ahead. [ male announcer ] what can you do with plain white rice?

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>> good morning. everyone. hope you're going to have a great thursday today. it's november 3rdrd. i'm gretchen carlson. thanks for sharing your time. viva le france. president obama touches down in cannes this morning to meet with world leaders and try to solve europe's debt crisis before it hits the united states. can he protect your wallet? >> plus, the people have spoken and their voice is loud and clear. no new taxes. why colorado is telling the government to stay out of their pockets. how do you feel about higher taxes? >> plus new york city mayor bloomberg telling the wall street occupiers to shape up or ship out. but is it too late for a restaurant owner who fired 21 workers because the protesters stifled his business? he's about to join us but "fox & friends" starts right now.

>> hello. this is elmo! and you're watching "fox & friends." >> yes, elmo has been a visitor to this show and earlier in the show, we talked about how taxpayer dollars are going to pay for elmo to go to pakistan now to try to teach tolerance. >> maybe it's a special forces elmo so they make sure he's ok. all right, we have some -- a lot to go over this hour including the latest revelations in the herman cain campaign but a breaking story to tell you about. >> live pictures coming from new jersey where a massive fire is raging out of control in the town of hopkins place. right now, there are no reports of injuries. keep an eye on live pictures here and bring you more details as they become available. in the meantime, other headlines for you this morning. chaos breaking out in california overnight. right now, as many as 40 occupy oakland protesters under arrest after throwing homemade bombs at police. the protesters stormed several

businesses and set fires in the streets. police were reportedly forced to fight back with tear gas and flash bang grenades. earlier in the night, more than 3,000 protesters defended on the port of oakland forcing officials to shut the thing down. two protesters were hit by a car. both are expected to be ok. who leaked the herman cain sexual assault rumor to the press? this morning, it seems everyone wants to point the finger. herman cain, the current frontrunner is accusing the g.o.p. candidate rick perry of launching the campaign. he says a campaign advisor leaked the stories to the press but governor rick perry says wasn't me. his campaign blaming mitt romney for the reports! meantime, a third woman has just stepped forward saying she, too, felt harassed while working for cain in the past. remember the original accuser? we told you yesterday she wanted to go public with the story. she changed her mind. that third accuser is anonymous. major new developments in the solyndra scandal.

first, a house subcommittee voting this morning on a plan to subpoena white house documents and e-mails relating to that $535 million loan to the now bankrupt solar panel company and we're learning days before solyndra collapsed, the obama administration considered bailing out the company. that would have made the federal government a part owner of solyndra. solyndra closed its doors three days after the administration decided against that bailout. the world's best selling car, brand immortalized in this famous song. >> ♪ bye-bye miss american pie ♪ ♪ drove my chevy to levee but the levee was dry ♪ >> today, chevy is celebrating its 100th birthday. chevrolet motor company launched on november 3, 1911, in detroit. louie chevrolet, a race car driver joined forces with ousted leader billy durant. since then, they have sold over two million cars and trucks world wide. the song "american pie" one of

700 songs that mentioned chevy. those are your headlines. despite hundreds of occupy wall street protesters, lower manhattan is becoming deserted. deserted with tourists and everyday new yorkers. mark epstein, the owner of a cafe near the park has been forced to lay off 21 workers and cut back operating hours after sales plummeted 30% since the protests began. >> mark joins us right now. welcome, by the way. so set the stage. the police blocked off the streets to keep the protesters in the park but it also blocked foot traffic in front of your restaurant, correct? >> correct. they put those up seven weeks ago primarily for safety and security. but week in and week out, it just -- sales began to plummet to the point that this week, we decided we needed to go public and say this is crazy. and we're thrilled the city responded to took the barriers away yesterday. they were away for the day. they had to put them back at night. but they promised me they'll be

down and away this morning. >> name of the place is the milk street cafe. >> correct. >> and you were open from early in the morning. what time? >> we open now at 7:30. >> 7:30 until 9:00 and now you're cutting it down to 3:00 and because of the prolonged lessening of business, you're open less and have less people in employment. >> correct. >> how tough was that decision to cut 21 people? >> it was the first time in 30 years we've laid off anybody. we have a place in boston and we're going to try very hard now to build our business back and bring every one of those guys back. >> you just put $4 million into this business. these people start squatting in a park they don't belong and destroying people who just want to work 20 hours a day for a living. >> i don't want to argue with the protesters. >> why not? >> because i believe in free speech. >> what about the 21 people that got laid off? did they want to argue with the protesters? >> you know what? i'd rather try to see if there can be a peaceful accommodation. i don't think anybody should impact on anybody's business so

i'd be concerned about that. >> you know what really got to me yesterday and was memorable was your statement that you put out. because what you said was that the purpose of the protests is to stop wall street from operating the way in which they don't agree with. but in essence, they're affecting you, just a small business owner. main street. say it better than i just did. >> so i'll say it. i think that when you have a recession, entrepreneurs like myself have got to go to banks and borrow money. the banks aren't willing to do that unless the small business administration guarantees your loan. you have to get a landlord like donald trump who decided to take a risk with me and lease the space to me. this would have only happened in a terrible recession. you put 100 people to work. in my honest opinion, that is what should be the result of the arguments that they are making. entrepreneurs need to create jobs. that's the most important thing to do in america.

to lay off people is not -- is not the right thing to do. >> if people want to go catch up to you now that the barricades are down, you don't have to be carl lewis to hurdle over them to get into your place, if we want to go to the milk street cafe, where do we go? >> go to the corner of wall and broad. we have the most amazing food. we have the executive chef who was the executive chef for aig so he was feeding the 1% and now he's making food for the 99% that are walking down the street. monica belisimo is the greatest pastry chef in the world. everything is made from scratch. come on down. the food is amazing. >> donald trump has rubbed off on you. i'd see her saying the same words. >> if the protesters go away, will you hire the 21 people back? >> as soon as my business comes back, you bet i will. i have to thank donald trump. i called him. he took the call. and he went and spoke to the mayor and i'm very grateful to get those barriers down. good landlord.

>> all right. >> thank you for sharing your story. you're a regular american who is just trying to run this business and you're being affected by this. >> thank you. thank you. >> thank you very much. >> let's talk a little bit about this story right now. it's happening in colorado and it may be a sign of what's to come because apparently, voters there have voted down now a tax hike to boost the schools there. what was before them? $2.9 billion that would have been sent to the colorado school district k through 12 and public colleges and universities but the voters overwhelmingly rejected this on tuesday saying that they did not want to raise taxes in the middle of a recession. what does this mean? what does this mean guys for a sign of the times about how people feel about raising taxes and what this might mean for the presidential election coming up. >> it's very interesting that colorado rejected what illinois didn't reject. remember when illinois raised their taxes, i think it was 66% on corporate and maybe similar

amount on personal income taxes for the state. so colorado said, you know what? it's not working there. they're standing up for lower taxes and it really is a good indication of what color colorado may be. it's varying between red and blue. it's been pink. it's been purple. it's been beige. maybe it will start to move back into the red state. >> by twice the margin, people said don't raise my taxes even if it means schools are going to be suffocated just a little bit. >> here's one of the guys, one of the quotes. i understand the plight of schools and everything but personally, i don't want to pay more taxes right now. he's a customer service worker. so, you know, it could be what we're going to see coming up in the future here. >> all right. coming up straight ahead, think your taxes were higher than last years? some of the biggest american companies did not pay a dime. >> plus fast & furious gets even bigger. more guns flooding our country from mexico. what does that mean for attorney general eric holder? coming up. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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>> more fast & furious weapons in the wrong hands and an arizona sheriff says two guns seized in the drug smuggling bust in his state last month are connected to the botched operation. >> the threat from these guns that are in the hands of the most violent criminals, that come into our state, pose a threat not just to our officers but to our families in arizona. >> with more weapons still turning up from the botched program, what is the government doing to keep the streets safe? fox legal analyst peter johnson jr. is here to fill us in. what's the latest? >> the slow insidious lead

poisoning, lead poisoning by bullets of arizona and the southwest. to find now two more guns with another cartel in the state of arizona who could have killed americans, who could have killed law enforcement officials, who could have killed an atf agent, it's absolutely incredible and it shows the level of incompetence, if not indifference to american and mexican life that would allow this. it's one thing to have lawful gun use and gun purchase and possession. that's protected by our constitution but for a government to flood a market with illegal a.k. 47's and assault weapons and romanian rifles and long guns, that's absolutely incredible and we see what's going to happen. and it's going to happen year after year after year. >> peter, talk about this very interesting quote from assistant attorney general lanny brewer. take a look at what he had to

say. >> i find this incredible. i think most americans would. if any good can come of this horrific, terrible tragedy, it should be that america has a serious and real conversation about our gun laws today. the tragic truth is that if those criminals who killed agent terry had not gotten the guns from this one source, they would have gotten the guns from another source. so we have the assistant attorney general in charge of the criminal division of the united states saying well, if he hadn't been killed with this gun that the federal government provided, then he would have been killed by another gun. and that we should have a serious conversation about the gun laws in this country. why don't we have a serious conversation about fast & furious? what the attorney general knew, when he knew it. we know what mr. brewer says that he knew and why he didn't tell the attorney general but to say let's talk about the gun laws when we're giving guns. >> right. >> to criminals! >> you look for people showing their hand in life. for me, a tell has been that the

mexican government hasn't called the atf out. hasn't called the attorney general out. i mean, there are literally hundreds if not thousands of mexicans dying at the hands -- on the border where guns are prevalent. >> mexico needs america for a lot of things so to trash, you know, america to the north, that's probably not a smart move for them. but when you look at the humanitarian effect of what's gone on, of agents killed already, of people, unfortunately, and tragically who will be killed again as a result of our government's efforts to give guns to criminals, give guns to drug cartels and then say, well, we didn't put it together. we didn't understand. we should have said something. we didn't say something. the attorney general didn't know because i screwed up. and then people die. >> how is it possible that two cabinet members in the obama administration had no idea about this? the attorney general and the

secretary of state hillary clinton. >> i think -- well, i don't know about hillary clinton. i don't know where she stands on this. >> international border. >> but you start with the atf, you start with the department of justice. you start with the u.s. attorney and people have been sacked as a result of what went on. people made some of the right people but it's -- we just got 600 pages of new documents. when are we going to get all the documents? when are we going on have all the facts? when are we going to have justice for the terry family? when are we going to have justice for the -- and the question we posed at the beginning is what are we doing to aggressively get these guns back? we know to whom they went. what are we doing to say, ok, we gave 80 guns here. we gave 100 guns there. there's 100 guns there. let's spend some time and money and stop the killing. >> very good. peter johnson jr., thank you very much, my friend. >> good to see you, eric. >> herman cain under fire for sexual harassment from a bunch of anonymous sources. is that a fair story or a character assassination dressed

as journalism? our good friends juan williams and andrea tantaros will debate it and it looks like your average father-daughter wedding dance but it's not. the dad and bride boogied their way to becoming internet sensations. coming up. i wouldn't do that. pay the check? no, i wouldn't use that single miles credit card.

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they recently secured a department of energy loan. next $223 billion, that's how much federal government's debt increased in october. that's $660 in debt for each person that lives in the united states. finally, the 1st of november, that's the day little jocelyn barnes was born. her mom and grand mom share the same birthday. the odds of that happening 1 in 300,000. >> third former employee of herman cain's allegedly speaking to the associated press saying he's considering filing a compliant against him but like the initial report from politico, should the a.p. and the rest of the media be going with these anonymous sources that have such an impact? joining us right now for a fair and balanced debate, co-host and fellow columnist, co-hosts of "the five" andrea tantaros and juan williams. do you have a problem with the fact that politico went with this story, yet we don't have the accusers' names? >> they needed a little bit more to go with the story which tells me they either rushed it or didn't have enough.

look, cain acknowledged there was some kind of accusation so politico, i think, was ok to go with it. they should have given us more details. absolutely. but what they didn't do is address the nature of the offense. that's what they should have given us more details. they also didn't tell us where they got the information. now, they have every duty to protect their source. here's what this tells me. if politico didn't find it on their own, they had to have a duty to at least hint where they got it. i talked to a lot of journalists about this. but also, if they -- you know, they're saying they got it from another campaign, at least cain is alleging that. you know, politico, if they would have done it on their own, they would have taken credit of it, don't you agree, juan? they would have saying according to a politico investigation which makes me think it's another campaign. >> i think it's another campaign. >> the way that politico framed how they got the information. >> i think there's a difference between what politico did and what the a.p. did. i don't like what a.p. did. a.p. strikes me as piling on and cheap. i'll tell you why, here's someone who is anonymous and

filed no complaints at the time and now that this thing has become a crisis for herman cain decides there's a big target on his back and they want to go after him and i think it's tawdry. the politico business, politico apparently is talking to political sources and they were able to confirm from a second source that something happened at the restaurant association, that there was either a settlement or deal that was a payout to the woman. >> so let's move the story forward. last night, it became clear that the cain camp was tired of taking blows and it's coming back. an ex-staffer that was trying to be with me who now just joined perry and i told him about this in 2003, herman cain said through his spokesperson, curt anderson and that's why he's coming forward. >> whether or not that's true, the cain campaign, that's not going to save them. fingerpointing and the blame game. they have to give us the full story. we have to know the nature of the accusations. if they're not that big of a deal, which i believe they're not and that's what cain is saying, then make all the information available so his campaign can turn the page.

>> well, you know, for him right now, it's just this -- it sounds like it's just persistent and the frames don't stop. and at some point, it has to wear away at the base. initially there's a thought if there was a bunch of liberals attacking a black conservative, now it looks like it's something that's an internal fight to the republican brand and this is not helping republicans. this is not helping anybody. you know, it's just -->> it's not helping republicans. it's not helping the country. >> it's not helping herman cain but the idea that somehow, you look at who has the most to gain. that's the way we do in politics. you say oh my god, if it's rick perry, if he stumbles he can pick it up. >> maybe, you shouldn't accuse. >> you have to have the goods. he doesn't have what it takes to back it up. >> have to back up the accusations. this prolongs the story as well. >> that's what i'm saying to you. >> what should he have done? what should he do now today? >> he needs to give us all the facts so he can move on from this. something he should have done a long time ago. as a former political press

secretary myself knowing this story was coming, one, whenever you run for office, you should hire a private investigator on yourself so you know what's coming down the road. but juan, he should have scooped politi politico. he should have dumped this on his own in a publication. >> he said he told curt anderson back in 2004 when he was running for senate in georgia about this story. that's why he thinks anderson has told the perry people. if he knew about it back then and politico gave him 10 days on it, 10 days. >> i agree. >> how could you not -- >> hold a big press conference. i agree. hold a big press conference, answer all the questions. get all the facts out there and move on. for the good of the republican party and the nation. >> still supporting him and i'm so sorry that people who put their heart into him would be so disappointed if he doesn't -- >> if there's no there there, he should come out and give us the fact. there should be no reason to duck. >> curious to see what the polls say now and factor in the washington times report that rahm emanuel played a role in this. we'll watch you on "the five" at 5:00. will you be there?

>> that sounds great. >> great job as usual. schools are signing student i.d.'s that categorize them by their success. a good idea or just shameful? we'll report, you decide. olympic speed skater apolo ohno stepping out of the ring and he has the need for speed and a lot of endurance. he'll explain when he joins us on the couch. [ male announcer ] where's your road to happiness? what ithe first step on that road is a bowl of soup? delicious campbell's soups fill you with vegetable nutrition, farm-grown ingredients, and can help you keep a healthy weight. campbell's -- it's amazing what soup can do.

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>> 7:30 on the east coast and it's time for your shot of the morning. something borrowed, something blue. now it's time for something new. here's a father-daughter dance that takes the wedding cake. >> even did the moonwalk there. texas bride ashley richmond and her father david sparks busting to move to a mash-up of motown classics and top hits. the dance, a total surprise to their family and friends. as it would be if you suddenly broke out in dance when your daughters eventually get married. >> that would be a shock if i can pull that off. how much rehearsal does that take? >> i don't know. looks like they're pretty good

at it. >> let me do the fisherman thing. can i throw you the -- >> wouldn't be the first one, right? >> for eric -- >> throw me the -- >> for eric to try to reel me in. with apolo ohno in the wings is a little scary. 28 minutes before the top of the hour. we have a fox news alert now to tell you about. within the last hour, two trains slammed into one another sending them right off the tracks. this is the live shot here in bartlett, illinois, as many as 18 cars derailed and there are reports of a gas leak. it's believed the trains are carrying organic acid and sodium hydroxide. no word yet on injuries or evacuations but there are homes, there are homes right across the street. >> and president obama arriving at the g-20 summit in france this morning. but the meetings are being overshadowed by a much bigger financial crisis. in greece, and we're just learning greek prime minister will not resign. fox business reporter ashley

webster is live in athens, greece, with the very latest. ashley, give us the latest. what's going on over there? it's becoming more of a mess not getting any better, it seems like. >> absolutely, eric. in fact, developments changing by the minute. there was a report from the dow jones that suggested that, perhaps, greek prime minister george papondrea would resign this afternoon. his chief of staff have said that is not true. we'll have to wait and see but there's no doubt about it but he is doing some serious tap dancing this afternoon here in greece to try to save his government from collapsing. there's a revolt within his own party. he's now what we believe has lost the majority in parliament in that building behind me which is significant because tomorrow night, he faces a vote of confidence. if he loses that vote, then it will throw the whole process into turmoil. it would mean an interim government and a call for a new election to elect a new prime minister. all of this when the euro zone

once hoping that their latest emergency bailout fund for greece would go through smoothly, and protect the euro zone as a whole so there's obviously not good news for the euro zone as greece continues to act in turmoil and the next 48 hours, eric, right here in athens could prove pivotal not only to greece's future but the future of the euro zone itself. >> all right. >> good job. so we'll be following what's happening over there because, unfortunately, it affects us over here. now to your headlines. lawyers getting ready to deliver closing arguments in jackson's doctor, dr. conrad murray. if he's found guilty in his role in jackson's death, he could get four years in prison and lose his medical license. >> tugboat captain sentenced to one year in prison for plowing his barge into a duck boat in philly killing two tourists. the captain was distracted apparently making and receiving 21 phone calls with his wife while their 6-year-old son

suffered complications during eye surgery. he will begin his prison sentence on january 5th. >> and controversial student i.d. cards are still in use at two california high schools even though the school district was told to get rid of them. the cards are color coded based on how well students perform on standardized tests. the california department of education says the cards violate state law and students' privacy rights. the district promised to get rid of them a month ago. brian? >> ok, a tragedy on the trucks. narrowly avoided in new york. you have a blind man and he falls into the subway tracks right into the path of an oncoming train. just as it rumbles into the station, he rolls into a tight space under the platform. the train misses crushing him by inches and gets close to being electrocuted by the third rail. he survives with hardly a scratch. >> from the ice to the ballroom and now the asphalt? eight time olympic medalist apolo ohno is trading in his ice

skates for running shoes. set to run his first marathon, the infamous ing new york city marathon this weekend and he's our guest on the curvy couch this morning. >> why in god's name would you want to do this? >> good question. so i've always wanted to run a marathon. i didn't know when in my career it would actually happen. people always ask me, apolo, this shouldn't be do bad for you. you're an olympic athlete. look, i raced for my entire career for races that last 40 seconds long and now it's translating into a race that's lasting 26 miles, very intense, much longer, extended pain. you know, i have a very good relationship with subway and i'm one of the famous fans, myself and many other athletes and so jared from subway ran a marathon last year here in new york and this year, he challenged all the famous fans and all the athletes who have a relationship with subway. ok, guys, who is going to run it this year and carry the torch and bring it on? i had my hand raised, i'll take the challenge.

had no idea i was the only one that my hand raised. >> if you can do it under four hours which will not be easy, you will donate -- subway will donate $26,200 to special olympics. >> that's right. >> you are working against the clock. it's not just about finishing. >> no, it's not just about finishing so the real kicker is subway has agreed and i'm running this on behalf of special olympics in terms of who -- which organization i'm associating with. subway is my sponsor. subway is saying if you can complete this marathon in under four hours, we will dedicate $26,200, basically to the special olympics. >> it's fantastic. >> i love it. people can go on line and check it out. >> what was more important to you? the moment you put the gold medal around your neck for the eighth time or the moment you grabbed julianne hough's hand. >> could be your dancing partner for the next few weeks. >> you know what, julianne is unbelievable.

that was an awesome experience, hands down and now to see her blossom and she's becoming -- she's a triple threat. she's a superstar. got movies out, i mean, she's awesome. >> but you were awesome, too. you were the amateur and you won. i mean, something to be said for people who are used to accomplishments like yourself. >> i'm not surprised to know that you're going to do this marathon and i bet you're going to do it under four hours. >> that's the goal. that's the goal. i've been preparing for it. i've longed about 700 miles to date which is insane thinking about it. when i first started this thing, running four to five miles was long for me. now i can go for a 10 mile run and feels pretty good. >> can i talk to you about injustice? >> please do, go ahead. >> "dancing with the stars", why is it that nancy grace is still in this thing? she's not good. and david arquette was better and he had a higher score. what's wrong with america? go ahead. >> this is the situation, this show is dictated by fans and judges, right? so if you have a massive -- >> it doesn't ease the pain.

>> are the way. no matter how good you are or bad you are at dancing if you have a strong fan base, you'll last a long time on the show. america wants to see this, right? they want to see something, they want to see something different so it's also -- >> you must have had both the combination because -- >> i was blessed. i was lucky. i was lucky. >> are you done skating? >> i'm done until after the marathon. we'll see. i will be in london in 2012, i'm doing some really cool stuff behind the scenes. i'll be in soeshy no matter what. >> whether you skate or not. >> we'll find out if you'll hang up the lycra. >> yeah. that's right. >> all right. good luck at the marathon. >> thank you. thank you. >> good to see you. >> u.s. border agent in prison after roughing up a drug smuggler. the smuggler's punishment, immunity and a free ticket back to mexico. that border agent's wife here next. >> and the softer side of dick morris? the softer side, huh? stick around to find out why he's here with his dog. i take my multi-vitamin

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>> some headlines here. hope you like it. check it out, school bus crashes straight into a house outside of fort lauderdale, florida. luckily, no students were on board at the time. investigators say the brakes went out after the driver dropped the kids off at school and the home had damage. no one hurt. five illegal aliens rescued from a makeshift tunnel that went from mexico to san diego. the rescue happened late last night. they got stuck crawling into a manhole. i thought i heard something. firefighters cut through a large fence to pull each victim out. gretch? >> thank you, brian. he was cleared of all wrongdoing in two separate cases but the government ended up prosecuting u.s. border agent jesus diaz

regardless again. sentencing him to two years now for one count of excessive force on a suspected mexican drug smuggler and five counts of perjury. the suspected teen caught with over 75 pounds of marijuana on his back was not only given immunity to testify against diaz, he was given a u.s. visa to transfer back and forth between mexico and the u.s. to testify. well, now, the wife of the border agent is livid and speaking out and there she is. diana diaz joins me from san antonio, texas. good morning to you. >> good morning. >> this case is a complicated one. but if you can, tell me why you believe that your husband has been wrongly accused and wrongly imprisoned. >> well, i don't think my husband did anything wrong. he did everything that he was trained to do. it was a common night in eagle pass. he was doing his job. officers do that every day. and the evidence that was

presented at trial was just not sufficient to say he violated his civil rights. i mean, so procedure, he pulled the handcuffs. >> what he did is -- the allegation was that he roughed up this 15-year-old drug smuggler by handcuffing him and pulling up the handcuffs from behind. you're a border agent yourself. is that a common practice? >> i can't speak as a border patrol agent. i can speak as his wife but you see it in tv shows every day. you see it on "cops." it's something that is done whenever the individual is not cooperating. >> now, the reason i say this case gets complicated is because there have been three trials thus far, the first two your husband was cleared. but apparently, he is accused of lying to investigators. and that's why he's actually going to prison. is that correct? >> well, no. those were charges that they gave him. it was counts 2 through 6. the first count was excessive force under a color of law.

the second trial, the jury was not allowed, the judge did not allow the first trial evidence to be presented and at the first trial, one of the agents that testified admitted to lying to the grand jury. >> uh-huh. >> so they're crucifying my husband for supposedly lying but then this agent lies and he admits it on the stand and nothing happens to him. >> what about the -- >> based on what he told them. >> what about the testimony of fellow agents? it's my understanding that they testified against your husband as eyewitnesses to what happened that night. >> there was three that testified, one of the ones was the one that said he lied to the grand jury. the other two at the first trial, they contradicted themselves all over the place. and then at the second trial, everybody developed amnesia because everybody was i don't

remember. it wasn't fair all the way around. >> i think the average american watching this interview is scratching their head and wondering how the 15-year-old who was smuggling in illegals, also doing illegal activity, smuggling in 75 pounds of marijuana, how that person can be given immunity. and a free ticket back and forth between mexico and the united states to testify. and now, no charges filed against that person. but your husband, according to you, just doing his job is now going to go to jail. how do you reason that in your own mind? >> the thing is, he was given immunity. he didn't spend one day in jail. my husband has been in jail for eight months in solitary confinement. the judge did not allow bond. she said that he was a danger to the community. so he's been locked up. and then when he was sentenced a couple of weeks ago, she even asked him to apologize, to apologize to the victim, to apologize to his fellow law enforcement officers, to

apologize to his family for doing his job. so if it wasn't for the mexican consulate writing a letter requesting that something be done, this wouldn't have happened. the alien never complained while he was in custody. he never sought medical attention until the consulate got involved. >> where do you take it from here? what is your recourse? >> right now, we are in the appeal process. the appeal has been filed. we are trying to do everything we can to keep my husband where he's at. he's about 3.2 miles away from my house. that's where the jail is at. he has 12 months left. in six months, he can go to a halfway house. and then do the rest of his six months. but right now, we are just trying to keep him safe because without the publicity now, people are starting to know who he is. >> right. when he comes out of prison, he'll still be a convicted felon, right? >> yes. and that's the hardest part

because he has six children. and one of them he's never met, my 7-month-old daughter. >> it's a very interesting story. and we're glad to bring it to our viewers' attention. diana diaz, the wife of the border patrol agent who currently is sitting in solitary confinement. the 15-year-old is free. thank you so much for your time. >> thank you. >> bet you haven't seen this side of dick morris. he's here today with his pooch! but first, this day in history. on this day in 1972, johnny nash had the number one song with "i can see clearly now." [ male annouer ] juice drink too watery? ♪ feel the power my young friend. mmm!

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>> tired of the same boring tours of washington, d.c.? well, if your tour guide was a dog -- >> why are you laughing? what happened? >> because the tail is wagging in front of me. >> if you're tired of the same old story, that's what happened in this new book and its author dick morris and the star, the dog dubs joins us live. good morning to you, dick and dubs. >> come here. come here. my wife eileen and i and a great illustrator decided to look around for books for children and there's no book that we saw that really explains why this is such a great country to children 4 to 8. so dubs decided to remedy this and he takes everybody to washington. and we have the iwo jima statue there. when we have that, we say iwo jima was won by the u.s. marines

and one of history's most famous scenes and when the soldiers assured that freedom never fails, people give thanks and dogs wag their tails. and the washington monument there, he's looking for his ball but there's a ball in every shot. and you have to find it. when he goes to the lincoln memorial, he says at the memorial for abraham lincoln, dubs sat up and started thinking. if man is meant to be free, can someone get this silly leash off me? >> cute. i like how they have to find the ball because it's interactive. >> find the ball in here. >> you realize who you're going against. you're a competitive guy and you know who you're against, clifford the big red dog. tell me about dubs and why we should go dubs over cliff? >> because dubs is a patriot. >> thank you. >> dubs understands about patriotism and the country. >> clifford is looking to sell books. that's not what you're doing! >> and then on the way home from washington, back on the train, dubs started to smile and looked at the countryside for quite a long while. >> i got to be honest with you.

>> he thought that no matter how far he might roam, this is america, my home, sweet home. >> when i first saw the story, why is this happening? the more i think about it, this is a fantastic idea. it gets kids involved in our history. >> absolutely. we have thomas jefferson and we say, all men are created equal, jefferson wrote. declaration of independence, his most famous quote. if people are equal, can it possibly be that dogs are, too? especially me? so the idea is each poem gives you a sense of this country and what it's about and dubs takes you there. >> and my favorite part is dick is not signing the books, dubs is. >> you gave her a pawtographed copy. >> all right. >> is there a chance you'll give up writing for grown-ups and write for children? >> the other day i was with my wife eileen, we write all of our books together and she's busy researching a chapter on foreign aid and i'm composing nursery

rhymes for dubs. >> it's working. whatever works. >> do you realize you're going to be famous now? >> he's famous. >> got two balls. >> two balls at all times. >> ok. >> what are you talking about? all right. can i throw this? >> dubs, you ready? >> this is very much like hannity throwing his football. another one right there. >> nobody says like it brian. all right. good luck with the book, dick, that goes without saying, it will probably be a bestseller. >> actually, it's number 11 of all books on amazon. and number one of children. now, you can't get this in stores. it's just at amazon or dickmorris.com. >> maybe if dubs has a sequel, dubs kills lincoln, we might have a bestseller over at fox. straight ahead, a grim prediction for the housing market. home values could take another big plunge within the next year. real estate guru bob massi here next. >> kim kardashian, critics say her failed marriage was nothing

but a scam. is that true? will the family cash in on her divorce? her mom kris jenner, that's right, kris jenner is here live next coming up. so who ordered the cereal that can help lower olesterol and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios.

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♪ [ male announcer ] write your story with the citi thankyou premier card, with no point caps, and points that don't expire. get started at thankyoucard.citi.com. >> gretchen: good morning, everyone. it's thursday, november 3. i'm gretchen carlson. thank you for sharing your time with us. crash as trains collide throwing more than a dozen cars off their tracks. live pictures on this developing story straight ahead. >> eric: not one, not two, but three people now accusing herman cain of sexual harassment. who is behind the allegations? not one, but two, maybe three guys being blamed. we'll break it all down. >> brian: and was kim kardashian's we had ago big scam to make money? that's what her critics are saying. what will her mom say? she started it all. she'll be here live in a matter of moments. "fox & friends" starts now.

>> i'm bruce jenner and you are watching the best show on television, "fox & friends." >> brian: considering that he's on a television show, that says a lot. and he is the husband of kris, who will be here live. >> gretchen: we look forward to what she has to say about that 72-day marriage that's heading for divorce. >> brian: the big story is that it turns out the basketball player, kris humphries, wants the ring back. >> gretchen: i wonder why. >> eric: what about the guests at the wedding? >> brian: i want my toaster back. >> gretchen: apparently there is an update on that. apparently kim kardashian is going to donate the money from the gifts to a charity. we'll bring you more when kris jenner joins us in 30 minutes. now a fox news alert. looking live in illinois outside chicago where two freight trains are on fire after colliding and sending as many as 18 cars off the tracks. no serious injuries have been reported, but there are concerns that the trains may be leaking

hazardous materials, like acid and sodium hydroxide. there are homes nearby. no word if the residents are being evacuated. this also affecting commuter train traffic to and from chicago. another developing story in new jersey. look at this video of a massive fire tearing through two row homes in irvington this morning. the fire is not under control at this early hour, but the good news, no reports of injuries. chaos breaking out in oakland, california overnight and new video into "fox & friends." right now as many as 40 occupy protesters are under arrest after throwing home made bombs at police. they also stormed several businesses, setting fires in the streets. police were reportedly forced to fight back with tear gas and bean grenades. more than 300 descended and forced officials to shut it down. in the midst of all the chaos, two protesters were hit by a car, but both are expected to be

okay. don't look now, but we're just five days from a close encounter with the biggest asteroid we've seen this close to earth in 35 years. it's a carbon-based asteroid about the size of an aircraft carrier. scientists say these types contain water and are responsible for bringing organic material to earth. we're in no danger of a collision. it will pass by about 202,000 miles from earth. and those are your headlines this morning. >> brian: i was a little surprised to see what was happening yesterday. of course, special report i put on and bret baier says this big sinus about a third accuser of sexual harassment to herman cain. the bigger story is the karen camp knows who is behind it. mark block was ready to read a statement on blaming the perry camp on pushing that story forward about two sexual harassment suits that were filed against him from when he was chairman of the national restaurant association. so blaming perry for this is a

big leap. but they think it's not that big a leap because of the connection. >> gretchen: because there was a gentleman who was an advisor to herman cain's senate run back in 2003. >> brian: curt anderson. >> gretchen: who herman cain's people say they told him about those sexual harassment accusations from the national restaurant association. they told him in case it came up during the senate campaign. well, what happened? that guy just went to work for the perry campaign two weeks ago and that's when this story started to come up. so there could be a connection there. >> eric: could be. therein lies the problem for mark block, the chief of staff of herman cain to say it's clearly them because it could be a connection. is as bad as the way the whole story broke. we don't know the details. herman cain is perpetuating. look, i like the guys. but really, get out in front of it, tell us what happened and just get it over with instead of

fingers pointing. >> gretchen: i don't know. i think it's important to find out who did plant the story. why? because it's all anonymous sources. and i think that that always adds a little bit of shadiness to anything and so i think it's important to find out who planted the story. >> brian: it was a very nervous mark block yesterday with bret baier. watch. >> the actions of the perry campaign are despicable. rick perry and his campaign owe herman cain and his family an apology. both rick perry campaign and politico did the wrong thing by reporting something that wasn't true from anonymous sources. >> brian: ray sullivan, with the perry camp, says contrary to the cain campaign's false accusation, there is not one shred of evidence that one member of the perry team had anything to do with the repeat stories and then another member of the camp says, you might want to look into mitt romney. >> gretchen: see, nobody is free and clear here. if you want to blame herman cain

for pointing fingers, the perry camp pointed fingers at the romney camp. >> eric: they had ten days to figure this out, this is no way to handle it, but again what, do you expect from politico? a lefty organization that systematically tried to take down palin on top and others on top. if newt gingrich rises to the top, guess what? there will be an expose, my guess from politico. >> brian: newt's advice, herman cain should sit down, evaluate this with his lawyers and find a way forward. karl rove says lift the confidentiality and let the accuser' story gets out. everyone is giving different advice. now it's going to get more complicated. >> gretchen: i don't know, 'cause now there is another anonymous source cite ago third accuser in an ap article. is it fair to keep printing these stories from anonymous sources? the accusation in this one, anonymous, so i don't know if you can believe it, is that herman cain asked this particular woman up to a hotel

room when they were on some sort of a business trip together. >> eric: a lot of sources are anonymous. as long as they investigated whether or not the actual -- that there was something that happened, doesn't matter where your source is, does it? >> brian: she said she spoke only on condition of anonif i'm not and spoke because -- she's willing to take the risk to get at herman cain. >> gretchen: now an update, yesterday the big story was will the national restaurant association rescind the disclosure agreement, nondisclosure agreement that the two accusers back from the '90s signed. in other words, they couldn't tell their side of the story. guess what? we're probably not going to hear that side of the story because one of those women has said she doesn't want to tell her story because she does not want to become the next anita hill back from the clarence thomas days. we probably won't hear that story. will we hear any of the stories? >> brian: we did see herman cain blow up yesterday after a speech trying to get out of the

building with our own russert trying to get at him. let's see what's happening with clean energy. nothing good. the department of energy gave out a lot of loans using stimulus funds to a lot of companies. one of which is beacon power. and they are having trouble over in massachusetts making ends meet, so they went before a judge to see if they can get permission for a certain strategy when it comes to restructuring. >> gretchen: they received a $39 million loan from the department of energy, but they may have to go bankrupt now. so they're asking the judge to be able to use $3 million of that loan in cash collateral to keep the business going while they're going through reorganization. so the question is, should the taxpayer now be keeping this business afloat after already giving $39 million? i find it interesting that the department of energy is fighting against that. keep in mind, they gave them that loan. they've given a lot of these

loans out to energy companies. now they're telling the judge, you shouldn't allow taxpayer money for that. >> eric: what you just said, on the last day -- remember, this is a $25 billion program they had until september 30 to make these loans. on september 30, in the afternoon, they released $4.7 billion of new loans. it was a rush thing, pushed through. my hunch is we're going to see some of those -- i think it was four companies that got $4.7 billion in total. one of those companies wasn't vetted properly. probably lose money. they were trying to push the money out. >> brian: the department of energy is investigating 100 separate companies, but investigating themselves. i'm not sure what they're going to conclude. solyndra someone of the first to come forward and be a white elephant and looks like our $537 million investment has gone bankrupt. the company is selling its assets. but we're lucky because up until the last minute, the administration was considering another loan to solyndra of

$100 million to save it! >> gretchen: in the waning days right before they filed bankruptcy, yeah, the administration was going to decide if they were going to put more money into the company, but what would they have gotten out of that? what they would have gotten was two seats, i believe, on the board. but more importantly, the government now would have been partial owner in this particular company. >> eric: you know what? >> gretchen: they decided not do it. >> eric: they blew through $535 million in a matter of months. so another loan may have bought eight, ten, 12 more weeks and that money is gone, too. they'd still be bankrupt. >> brian: the ceo got a $500 million severance -- $500,000 officerrance. which i'm sure he deserved if the company goes bankrupt. >> eric: like fannie and freddie got 6 million each between the two companies. >> gretchen: let's move to another story capturing attention. critics say criminal kardashian got married to cash in on her divorce. her mother says no way. she is here live to defend her

daughter, just 20 minutes from now. >> brian: brand-new report says home values could drop again next year. can homeowners take another hit? bob massi is here to explain. ugh, my sinus congestion, and it's your fault. instead of blaming me try advil congestion relief. often the real problem is swelling, not mucus. advil congestion relief reduces swelling due to nasal inflammation. so i can breathe. [ mucus ] advil congestion relief. it's bring your happiness to work day. campbell's microwavable soups. in three minutes -- the deliciousness that brings a smile to any monday. campbell's --

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two of the most important are energy security and economic growth. north america actually has one of the largest oil reserves in the world. a large part of that is oil sands. this resource has the ability to create hundreds of thousands ojobs. at our kearl project in canada, we'll be able to produce these oil sands with the same emissions as many other oils and that's a huge breakthrough. that's good for oucountry's energy security and our economy.

>> eric: more bad news for the housing market. home prices headed for a triple dip. analysts predict home price also drop an additional 3.6% by june much next year. so what does this mean? fox news legal analyst bob massi joins us from l.a another dip, bob. is this the last one? >> i've listened to you many

times talk about what's going on in the financial market and i don't think so. i think it's geographically driven. as we've talked about for the last several months, vegas obviously is really ground zero. then you have naples, florida, some places in texas, arizona and other places. the problem is as long as the industry is controlling the destiny of this, the marketplace itself, it's going to keep checking and until all of the lenders finally begin to foreclose on all these properties instead of letting them sit around, the values are going to continue to go down. and so it's a real, real measure of showing how problematic it is. >> eric: i think taking it to news this week where fannie and freddie got bonuses. does this mean to the taxpayer, in addition to the money we've given them, will we have to float them more money? >> well, i suspect no matter what, we end up paying no matter what. the thing that's so troubling about that, i'll give you an

example. i've been trying to help a family in pennsylvania that has a $75,000 mortgage that's getting jerked around by a lender whose name i won't mention. when you see what this family is going through, whose husband is not doing well, who really and truly has had a signed permanent modification agreement signed by the lender, but yet they haven't performed properly, the lender. then you hear about fannie mae and freddie mac getting millions of bonuses, taxpayers can't connect this. it's a sign of the arrogance of the problem. >> eric: bob, good portion of american homeowners are under water. i think the number is around 25 or 30%. will a bank foreclose on you if your home is under water but you're current on one of the mortgage payments, maybe -- i'm sorry, defaulting on a secondary mortgage? >> yeah. one of the reasons i wanted to talk about this is a lot of people years ago got the 80/20

loan. interest only loan. the lender maneuvered a way for the people to get the money. basically what happened is that these second mortgages, a lot of people are in default. generally speaking, if you're current on the first mortgage and your house is under water, and you default on the second mortgage, that second is never going to foreclose because as you know, if you foreclose on it, you take that house subject to paying the first mortgage, which is under water. so what's happening is these second mortgages, many times will negotiate with the homeowner while they're current on the first because the fact they know they're like a credit card. they're sort of unsecured out there. so what i want our viewers to understand is if you're in default on the second, but you're current on the first, many times you could have some leverage to try to negotiate with that second mortgage because they know that if in fact you go default on the first, they're basically out. they have a very high chance of getting nothing if there is a foreclosure. >> eric: so many people are under water, how come all these

programs, the last week program president obama signed, how come they're not helping these people? >> because the infrastructure is terrible. if you talk to anybody that's had the experience of the hamp program, harp program, i mean, homeowners are so frustrated, they send in all their information, the people that are handling it lose it. then they do it again and lose it. then you have the right hand doesn't know what the left hand is doing. i know people, for example, that have loan modification agreements. they have a signed agreement from a lender and they're being foreclosed on because one division doesn't know what the other division is doing. it's a constant real screwup is what's going on and the infrastructure of these program social security -- programs is terrible. >> eric: great stuff as always. >> thanks. >> eric: you can e-mail bob massi to ask your questions.

medicare is going broke. could this be why. doctors cheating the system by writing off dance lessons as legitimate physical therapy. seriously? is the debt supercommittee doomed? what happens if both signs can't agree and we miss the deadline? remember the gang of six who first proposed the solution to the debt just met with supercommittee and he's here to tell us what he knows, coming up. [ male announcer ] have you heard?

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>> eric: five illegal aliens rescued from a makeshift tunnel. four men and one woman got stuck crawl through a manhole. firefighters cut through a large fence to get them out. all five will be sent back to mexico. a ruptured gas line going up in flames right in front of a home in california. the gas company was working on the line when it broke. one of the workers being treated for secondary burns. brian? >> brian: the supercommittee has a little more than two weeks to cut $1.2 trillion, at least, from our deficit. there is a whole lot of concern it cannot meet that deadline. >> i have great respect for each of you individually. but collectively, i'm worried you're going to fail, fail the country. >> gretchen: joining us live from washington, the original member of the gang of six, senator mark warner. good morning to you. >> good morning. >> gretchen: i know that you, the gang of six, met with the supercommittee about a week ago.

what happened at that meeting? >> we tried to lay out the fact that the supercommittee is actually easier to try to go for a bigger deal, try to go ahead and cut our deficit by additional $3 trillion in addition to the $1 trillion we cut at the end of july. but it's easier to get a $3 trillion than $1.2 trillion. that means if you get the $3 trillion, you got to deal with the dreaded revenue question in terms of tax reform and deal with the dreaded entitlement question. if you try to simply piece this together without a larger framework, it's tough to do. so up with of the good news, there is a lot of grim news in washington these days, but one of the critiques we got with the gang of six, this was only a senator effort, now five or six are signed on, but yesterday we got 100 house members, almost equal number of republicans saying if you go big, we got

your back. >> brian: but is one side going to allow them. here is what the democrats are proposing. they're going to cut $3 trillion over the ten years off the deficit, including $500 billion cuts for medicare and medicaid and raises $1.3 trillion in revenue. that's huge. the republicans are going to trim the deficit by $2 trillion cutting $685 billion from health benefits, raising less in revenue, taxes and fees. do you see any sign on the revenue that there is give? >> listen, i think there has to be. one of the ways we can tell whether the supercommittee is getting close, whether the negotiations are serious is whose head on the extremes are spinning. the democrats got a lot of grief for their proposal, the aarp attacked them and others. there was not the same level of grief on the republican side. i think we're going to know if they're close if both the -- if some of the groups on the left and some on the right are both sidewalking equally. that's the only way you'll see a real compromise. >> gretchen: that's interesting because so far they've been

pretty secretive. but maybe you can see some implicit squawking going on. >> the alternative -- look what's going on in greece! >> gretchen: i know. this brings me to my next question, which is, the gang of six had a lot more time, as in months, to put together their plan. this supercommittee is down to less than three weeks. did you advise them, did you simply either take the debt commission plan or to take your plan and have that be the boiler plate contract and then just go from there to save time? >> we did say our plan, which is frankly simpson bowles with tighter spending enforcement and other aspects, we spent a year on ours. simpson bowles spent another year. we hope they would build on that. we know in the next two weeks they won't completely rewrite the tax code. if they put this in a two-step process, get as much down as possible and start another pegged time with consequences if they don't act, the remarkable thing is we get a straight up or down vote and they can put whatever they want into this

agreement. if we miss this chance, we're back to the regular order of fighting and that would be a real mistake. >> brian: i'd feel a lot better if you were on the committee. but i have something else to say. i know you're very proud of this. you're the honorary chairman of the billion plus change and you have a big announcement today about what thresholds you have just crossed. >> thanks for asking about this. this is an effort to try to make sure that corporate america, that does an awful lot to give back to their communities, that we find a way to recognize that and encourage other corporations to give back, not just by writing a check, by getting their actual individuals in the companies involved in the communities. we've got over 50 companies that committed over a billion hours, a billion two hours in terms of giving back to their communities over the next year. we want to increase that to about 300 companies. there is a lot of people bashing business these days. there is an awful lot of good the business does and we want to try to highlight that. we've got a big announcement this morning. >> gretchen: are you going to make it here?

>> we hope to go from 1.2 billion that has already been promised with 50 companies. we want to increase that to over 300 companies. we want to solicit other corporations to get involved in terms of not just again writing a check, but having their employees oftentimes not just paint a house, but sometimes give the professional services from nonprofit and others. and we hope to kind of blow that campaign out with a big announcement this morning. >> brian: using your influence and contacts for a great reason. senator, thanks so much. >> thanks, guys. >> gretchen: who knew medicare allowed this? doctors writing off dance lessons as physical therapy. seriously? >> brian: kim kardashian's critics say she only got divorce to do make money. her mom is here, says no way. she's here to defend her and talk about her brand-new book, which is excellent. yummy. [ woman ] lower cholesterol.

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>> gretchen: fox business alert. the labor department just releasing the latest weekly jobless numbers and there it is on your screen. 397,000 first-time unemployment claims were filed last week. they were estimating 400,000 claims. so it is slightly lower than expected. good thing we have eric on the couch right here. usually you come in as a guest

to analyze. >> eric: 397, 400 how, still elevated. not good. >> brian: 28 minutes before the top of the hour. special guest, but this. another fox news alert. president obama walking into the g-20 summit moments ago in france. he says the most important task? to resolve the european financial crisis before it does any more damage to the u.s. economy. no kidding. fox business reporter rich edison is live with the president. rich? >> now among news that the greek prime minister from reports will be offering a his resignation today. that just crossing the wires a short time ago. ever evolving greek story here. the g-20 has officially started -- we've gotten the arrivals. president obama pulling up in that cadillac escalade, the armored one we're used to seeing. the british showing in their jaguars, as you can imagine. but there is talk about balancing the global economy, financial regulatory reform,

international aid. but make no mistake, these meetings now are all about greece. >> it's a european crisis and for the europeans to solve does have global implications implicd they're to see what they can do to be supportive. >> all this news about greece is quite conflicting, as we've heard from the chief of staff, that he will not be resigning. so all developments, all eyes will be on greece later today. there is also some questions as to what role the united states can play in all this. the u.s. has helped out the e.u. in its bailout by funding the international monetary fund and the i.m.f. is part of that bailout, though the u.s. made it clear and officials have made it clear this is a european problem and it's the europeans who have to deal with it. back to you. >> brian: all right. thank you very much. we'll see what's going on on that. a big round of pink slips blues. this time the air force has to lay off 436 captains and majors.

they have to meet targets imposed by congress. they will get full separation pay, six months of medical benefits before being shown the door next march. the announcement comes as the pentagon braces for $450 billion in cuts over the next ten years. those cuts are part of the deficit reduction deal president obama struck with congress last august. >> gretchen: captain sentenced to one year in prison for this accident. he plowed a barge into a duck boat near philly, kill to go tourists. the captain was distracted, making and receiving 21 phone calls with his wife while their six-year-old son suffered complications during eye surgery. he will begin his prison sentence on january 5. >> eric: and the jig is up for a group of doctors accused of using dancing lessons to steal your taxpayer money. the crooked doctors reportedly paid patients to take ballroom dancing lessons so they could then pawn them off as physical therapy sessions and collect medicare funds.

the scam reportedly vetted the new york city doctors nearly $12 million in fraudulent claims. police say the doctors kept their patients quiet with massages, officialses and a few free lunches. allegedly said take two aspirin and do this. >> gretchen: call it a day. as we know, it's been an endless media frenzy since kim kardashian announced she was filing for divorce with kris humphries after 72 days of marriage. >> brian: joining us now, the proud author and mother, kris jenner is in studio. this is the book called "kris generaller and all things kardashian." we've had your whole family on. welcome to the show. >> thank you so much. this is one of my husband's favorite shows. >> brian: actually we recorded him saying that. he read it like we asked him to. first thing, with the news of the day, everyone is talking about kris humphries now coming up saying, i need the ring back. it cost me 2 million bucks. should your daughter give back the ring? >> i didn't -- this is the first time i'm hearing that.

that's between them, a gift is a gift and i think etiquette, if you look at the etiquette books that say keep a present. i don't think kim is as concerned about that as everything else. i don't think it's about the gifts and the money. it's about what she's feeling and about two people and how their lives are changing. so i think that's what we choose to focus on and not about, you know, frivolous things like that. it's a big deal and it's a very expensive item, you know, but it's not something that i think kim is thinking about right now. >> gretchen: so many people are thinking about this story because after just 72 days of marriage, they're saying was this whole thing a sham? was it a set-up to make money? there is a whole bunch of figures that they made $18 million. >> it's exactly what you said, they're a bunch of wild figures, completely inaccurate and false and ridiculous and nobody gets married for a television show

that i know about, and it's -- some of the things that are being thrown around are so completely ludicrous that i wonder where people come up with the figures. >> gretchen: they didn't make money off the wedding? >> they made money and put the money towards the wedding and then kim paid a great deal of money of her own that we still had to pay for the wedding. so there was no -- nobody made anything at the end of the day. >> brian: the cover of people -- i'm sorry. the cover of people magazine was it a sham? they evidently paid $2 million for the photos. and they don't know. what do you say? was it a sham? >> no, it's not a sham. no. that's what i just said. it's not a sham. we don't need to make up weddings to have our television show. our network. >> eric: my wife is invested in this show. she falls in love with your family. she gets involved. when the wedding broke up after 72 days, she took this -- she was like devastated, 'cause people -- they watch and --

>> they feel like they know us. i think if your wife watched the show and she's invested and she thinks about logically what's going on, we're pretty much an open book. we have never kept anything -- what you see is what you get. so kim -- this was a very difficult decision for kim and she had to come out and say something really uncomfortable, really horrible, obviously something horrendous, you know, happened, is the way she's feeling. this is not something that she enjoys doing. and by the way, i would think that logically. >> eric: why can't we find out what happened? >> it's been 48 hours, so maybe you will. she's got to come home from australia and get through this and heal a little bit and is trying to be respectful because of her husband. >> gretchen: as a mom, you must have been incredibly

disappointed that your child was going to get divorced after only 72 days of marriage. >> you know what? i read a tweet from alec baldwin that said, how do you feel when you're with the wrong person for 72 days? how does it feel? and he said, like 73 days. and i actually thought that was so impactful for me because of course we're devastated. talk about being invested in our family. how about our family? we feel horrible for kim. and for the decision she had to make. this isn't fun. i started out on this journey to go on a book tour this week and suddenly was thrust in the middle of a media storm. this isn't nothing that we enjoy doing and it's devastating. and if it was a sham and if it was for a television show, we would be filming this right now. we're not even filming our show. so it doesn't make any sense logically. think about it, people. these numbers that people are throwing out are absolutely ridiculous and the thought that it's a sham and the media keeps

perpetuating this. stop. it's not a sham. it's somebody in a lot of pain. >> brian: in your book, it tells the whole story. it lives up to the hype, your book. it tells how your family, where you came from, where your family headed and how you became these international celebrities. ryan seacrest came up to you and said, i think we should put your family on a tv show. i think you should be a reality show and your reaction was? >> i went to ryan and pitched the show. he loved it, pitched it to e and he were filming 30 days later. so it's been a great experience. we feel so blessed to have our television show and feel like -- i feel like the luckiest woman in the world because i work with my family every day. >> gretchen: do you consider yourself a role model for young women, middle aged women, and i can speak -- i'm with you on the age, but your daughters, are they role models? >> we have so many amazing -- what's going on right now is the outpouring of love and support for the girls right now and yes, the girls are -- they're all

about beauty and fashion and health and that's what they started with and that's what hopefully they'll end up with. they've got their clothing line at sears and they show young women how to be strong and work hard. they've got amazing work ethic. they've got really big hearts. they work hard. and they're very creative. i think that you can dream big and follow your dreams and try to accomplish anything that you set your mind to. >> eric: couple great characters, i guess we can call them characters in the show, bruce jenner, what a happy guy. is he like that at home really? >> we're really not characters. we're not actors. we're not dancers or singers. we're just people. they follow our lives. bruce is a really chill guy. he's one of the nicest people i've ever met in my life and he puts up with me. >> eric: and scott, how can i put this? >> douche bag? he is not a douche bag anymore. scott is amazing. he's the greatest dad. i mean, what's going on in our

lives right now, there is a lot of happiness. we have the most amazing grandson and our family is happy, except for the whole kim thing has been devastating. and other than that, life is going to go on. kim is going to be okay. scott is going to be just fine. he's the greatest dad in the world. and bruce is a great dad. >> eric: stop tweeting with alec baldwin. >> no, i can't. >> gretchen: kris, good luck with the book. it's out at your stores now if you want to pick up a copy. >> thank you. >> gretchen: thanks for stopping by the curvy couch. >> thank you. >> gretchen: coming up, never let the facts get in the way of a good lawsuit. our next guest says the women accusing herman cain could be bluffing and could get away with it. >> brian: this father and three of his sons won't be home for this year's christmas. instead, they're about to be deployed to serve our country side by side what's better than gold ?

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making communities greener... congratulations. ... and buildings as valuable to the bottom line... whoa ! ... as the people inside them. congratulations. because when you add verizon to your company, you don't just add, you multiply. ♪ discover something new... verizon. >> gretchen: as the third woman comes forward in the scandal. herman cain's camp is accusing rick perry's team of being behind the leak. and cain finding himself amid reporters are all of these claims. >> can you make a statement? >> don't even bother with it. >> it's a good question. >> what did i say? excuse me. excuse me.

>> gretchen: how do these suits work and ho what do voters need to know about these claims? joining me is curt flicker. good to see you. >> good morning. >> gretchen: one way you described some of these cases is all you need to file a suit are a filing fee a printer, fax are optional. what do you mean by that? >> well, the fact is that lawsuits don't necessarily have to be about the truth. lawsuits are often about the -- well, lawsuits are always about the money. at the end of the day, you're never going into court and getting justice. you're going to get some amount of money. and that's what these cases are really about. here with herman cain, it's a little more interesting because we have three people making unspecified charges about unspecified actions at a time 12 1/2 years ago. it's very confusing and very damaging to mr. cain. >> gretchen: one of the ways that you would look at this with experience is that maybe some of these cases were settled because it's just more expensive and more troublesome to go through the whole process? >> absolutely. about 97% of cases are going to

settle or resolve before they get to trial. we have this image of every case going to a jury and the facts being present and a verdict being rendered, but that's not so. the vast majority are never going to see a courtroom. most cases are settled. sexual harassment cases, good cases tend to be settled for a lot of money. not so great cases for lesser amounts. and i'm talking in the five figures. >> gretchen: in these cases, it was $35,000, does that sound like a big or little settlement? >> even in the '90s, that's not a huge settlement. i'd have some real questions, but we're never going to know the answers, or maybe we won't, because of these nondisclosure agreements. >> gretchen: so one thing that comes to mind to me, as we've been talk being this all week, is do real victims -- and i'm not saying that -- 'cause i don't know if these victims vice real or not, but do real victims lose out then when so many of these cases could be frivolous or are settled as such?

>> absolutely. that is the tragedy about our litigation system. you have some people who are really damaged, who everyone would agree deserves some sort of compensation. those people lose out when the courts are flooded with frivolous lawsuits, lawsuits that have no basis in fact, lawsuits about allegations that should never have been brought. we don't know the facts of this case. the nondisclosure agreements mean we may never know. but any time you get a case where it's ambiguous, where it's potentially frivolous, that's going to hurt the people who really have been wronged. >> gretchen: thanks for your thoughts this morning. an attorney who deals with this, thank you very much. >> thank you. >> gretchen: this family photo will look emptier come christmas time. this father and three sons off to serve our country together. first let's check in with martha for what's on at the top of the hour. >> good morning. this solyndra story is really heating up today. congress is deciding whether they will subpoena the white

house on documents have thank have not been turned over that they very much want to get a look at. we'll talk about that and also senator john thune is here. has the super-- how is the supercommittee doing? we'll be back at the top of the hour, bill and i. see you then. 4 nutritious grains come together for more taste, more healthy satisfaction. get more with honey bunches of oats. ♪ ♪ ♪ walk, little walk ♪ small talk, big thoughts ♪ gonna tell them a just what i want ♪ ♪ i said don't stop, don't stop ♪ ♪ don't stop talking to me

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>> brian: these 300 brave men and women are set to deploy on a mission to protect your freedom. among them, four men who have a very special bond. they're family. i'm talking about dad and three sons. joining us, milton autry and his three sons. welcome. thanks so much. >> thank you. >> brian: chief, you said i can call you chief. you are the first family of four to be going over since the war on terror begins, deployed at the same time in kuwait. how did this happen, chief?

>> well, the brigade we encased the colors on that unit in 2008 and we activated the 113th sustainment brigade and that created many logistics positions that were open and that's about the time that my sons decided, my twins decided to join the national guard. >> brian: josh and andrew -- and nathaniel, you go down there to sign up and they said there is room in your dad's unit. what were your thoughts? >> well, i was very motivated to be with my father. he's always been a role model to me. i thought it was awesome when i found out. >> brian: nathaniel, are you good at taking orders? >> oh, yes. i'm good at taking orders from my dad. he's guided me successfully through my career. >> brian: you have a younger brother that's 17 and considering doing this. what does it mean to you to be deployed with your family?

>> it feels really good. not many people get to deploy with their whole family. it's an honor to serve my family and have my family by my side while i do it. >> brian: chief, are you going to be able to treat them like everybody else and pretend there are just three guys in fatigues? >> absolutely. absolutely. i will. my sons are just like all of the soldiers, they are assigned to other sections. they have other leaders. and they receive no preferential treatment whatsoever. >> brian: i'm sure they won't because you look like you're all business. that's why you got three great kids like this, and you have eight in your family. when we come back, one quick question. how does your wife people, how does their mom feel? "fox & friends" returns in a couple of minutes. cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories --

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tell your doctor if you have new or worse symptoms. get medical help right away if you have symptoms of a heart attack. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. my inspiration for quitting were my sons. they were my little cheering squad. [ laughs ] [ male announcer ] ask your doctor if chantix is right for you. i got it, i'm sorry. these people, huh? you know i've found that anger is the enemy of instruction. you don't know the egos that i have to deal with. you're probably right. thank you! whoever you are i'm pretty sure that was phil jackson. he's quite famous... million championships... triangle offense innovator... [ male announcer ] the audi a8. named best large luxury sedan. nice wheels zen master. thank you...todd. ♪ >> brian: nathaniel, tell me what your mom thinks about the three sons and their dad going