>> she's not too happy with it, but she understands what we have to do because she's been in the military before and we're going to keep in close contact with her. >> brian: and we're going to talk to you more in the after the show show. thanks for your service and thanks for your time. bye, everybody. bill: let's go with a fox news alert. it's campaign versus campaign as things take a turn for the ugly. herman cain's team says campaign perry leaked thesal facings to smear cain. >> the actions of the perry campaign are despicable. rick perry and his campaign own herman cain an apology. perry's campaign say it isn't

true, they point the finger at mitt romney. martha: good morning. a third person is coming forward and accusing herman cain of inappropriate behavior. so the usually calm and cool mr. cain reacted this way with reporters on the hill, check it out. >> that's what i'm going to talk about. you are asking me all of these other questions that you all are curious. don't even bother. what did i say? excuse me ... excuse me ... bill: that was from yesterday. good morning to you, charlie. who fire next? >> i think obviously the perry camp and romney camp are going to keep sniping back and forth but at some point herman cain

will have to answer some of these questions. well have to see these people that supported the radio host from out in kansas who says they witnessed one of these things. as her -- herman cain is going to have to answer this. republicans don't like this kind of nasty warfare inside. bill: from the perry campaign on screen for our viewers, this is part of the response they have given. how do you believe cain has handled this? >> i think he's probably handled it about as well as can be

expected given the avalanche of accusations coming out. if these allegation are true, he's handled it pretty well considering he hasn't gone out and given -- had to do some huge embarrassing campaign ending sort of press conference. but, you know, the real test will be going forward how he sort of takes each one of these allegation and whether he's able to convince people it's true that he's not a serial ... bill: you will see according to the polling it has not touched him. martha: for mitt romney many part in this he said his campaign had nothing to do with this leak. he he the american people are focused on more important issues. >> fundamentally the american

people will look beyond the silly attacks and ask who can get america going again. who can get median income to rise again. and who can make sure america is such a strong nation economically. martha: he says things like this are what keep people from want to go run information the white house. bill: this was taken before the allegations surfaced. cain is on top at 24 per. romney remain close behind at 20 per. the top 1 and 2 are within the margin offer jr. gingrich in the top 3. we'll see in time if any or all of this changes in the coming days. martha: we have major developments happening today in the solyndra scandal. there will and house panel and they will be expected to vote this morning. they are convening right now on

whether they will subpoena the white house for all of the document related to this whole situation. they have received 1,200 documents, but they don't have all of them. some were left out and they feel there may be a reason they weren't included. the solar panel company wept belly up after receiving more than half a billion dollars from the federal government. there were a number of problems connected to stimulus spending overall. >> we found the efforts to use recovery act fund to stimulate the economy was more challenging than many originally envisioned. martha: there are 1,000 investigation into the program. what do we expect will nap there this morning. >> high drama in the house. you have republicans within the

investigative panel of that house energy committee investigating solyndra weighing whether to subpoena this white house for more documents. you mentioned some came out last night. the white house releasing 20,000 more pages yesterday to the house committee saying we are trying to cooperate eight with the investigation. it shows in late august energy department officials and white house officials were scrambling to do something to try to save solyndra days before it went bankrupt. maybe some more government money, maybe some private capital. white house officials point out in the end there was no government bail out. they were weighing their options because they already invested half a billion dollars. they wanted to make sure there was a plan b and plan c. martha: there was a bit of a scramble in the closing days for

the government to own 40 per of solyndra. they were in for a half billion dollars. they were paying a wall street firm a million dollars to analyze this as well. >> reporter: the white house narrative is it would have been derelict not to weigh their options. the republicans are pointing out they should have had those strategy sessions months earlier before they sunk half a billion dollars into the company. white house officials say all told they released90,000 pages of document related to solyndra. but the white house is saying 90,000 pages should be enough for the republic dance. martha: depend on whether the documents they are looking for

are in there for they exist at all. bill: another fox news alert. on issue number one in america and that is jobs. unemployment benefit claims down slightly since last week. this is the number of americans who filed for first-time unemployment claims at 397,000. that's slightly better than they expected. they expected 4,000. we beat it by 3,000. economists say this is a slow improvement but nowhere near where it need to be for a full recovery. for weeks the number has been over 400,000. tomorrow we get the national unemployment rate number. martha: according to the federal reserve, necessity released calculations and they said back in june they predicted 8 per or lower urn employment for the whole course of this year. now they are saying that will

not happen. between 2012 they will see between 8 per and 9 per urn employment which is not good news. that was the high back in december of 2009 at the heist this chart. for a healthy economy you need to see 6 percent or lower. ben bernanke says the economy for his money is moving at a snail's pace. >> we expect market activity and market conditions will improve over time. the pails of progress is likely to be frustratingly slow. martha: tomorrow you get the monthly jobs report. so we'll see where that overall percentage number is. bill: so much attention on europe, the stock markets and

specifically the country of greece. world's economies are on the line. could the stakes be any higher? stuart varney from the business network with us. why do we care? >> reporter: the chaos there has gotten worse. there are conflicting reports about the status of the greek government. many believe it's about to collapse. the prime minister, various reports suggest he is about to resign. that puts the whole debt deal in greater jeopardy. we also have news europe is sliding straight into a recession. you asked why should we care here. that's a simple question to answer. if they go down, if their european economy gets worse, we take a hit. we are able to export far fewer product and services to a declining europe. so we get hurt here. to link it to the jobs picture. if we take a hit in america so,

too, does our jobs creation level. that's why we care about what's happening over there, and that's not mentioning potential losses to america's banks. bill: president obama is in europe today. they are squeezing the black olives hard in athens, aren't they? >> reporter: yes, but the harder they squeeze the greater the reaction from the greek people. do they want this huge austerity program that will give them pain for a decade? some of them want to opt out of the debt deal, let them opt out of the euro and return to a currency they can control. bill: the weight of the world is on the greek government at the moment. martha: i remember the drachma.

it would take thousands of them to buy something. a very busy morning in america's newsroom. president obama says the country is better off than when he took office. john boehner had a john boehner-like response to that. bill: occupy oakland is getting uglier by the day. fires in the street. there is teargas and so much more. take a look at this. watch. the pilot onboard that plane with no landing gear is a national hero. and for the first time he's talking about the landing that's call a miracle. oats that can help lower cholesterol? honey nut cheerios. an accident doesn't have to slow you down.

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protesters supporting the occupy wall street movement clashing in oakland following what had been a peaceful dave protest. that reruptd after protesters started a large bonfire in the middle of a downtown street. it shut down oakland's port. one of the busiest ports in this country. we'll have an update and get to the latest information. bill: president obama saying the country is better off because of the policies he pursued and passed and america is better off because of them. what does house speaker john boehner think about that. >> are you kidding me? why don't you ask the 14 million americans who are out of work whether they are better off than they were 4 years ago. bill: senator, good morning to you and welcome back. i remember speaking with you

about a month ago. you said the president is making things worse. you can see the shape of a campaign taking place. what did you think about the president's comments first? >> the president i think is using a lot of devisive rhetoric to shield his record. he has nothing out there to talk about. since he passed his first stimulus bill unemployment has gown. we have debt that's gone up 40 per. we have seen the healthcare costs go up 23 per. fuel costs go up. everything that affects the every day lives of americans. this president's policies have failed. and i think that's why he's out there using this devicive rhetoric to get people distracted from this record because it's not a record he wants to talk about. bill: we asked in our poll

recently about how americans feel about the direction of the country. the question is this. are you satisfied with how things are going today? 76 per se no. only 24 per se yes. what does that mean, senator in a campaign year? >> i think it mean the president ought to get back here and work with us on legislation that would improve people's lives and get people back to work. his policies have made it worse. we need a change of direction. he seems interested in doubling down on the same failed policies that have been proven not to work. we have 15 bills the house of representatives haved awaiting action in the senater that are job-reciting bills. those are all -- that's all legislation stacked up in the united states senate that we can't get votes on. and the president is traveling the country on the campaign

trail. he ought to get engaged in the legislative process and address problems people in this country are facing with high unemployment. bill: we are going to get another measure of the monthly number tomorrow. it will be a headline no matter how it comes in. from february of 2009, quota year from now, i think people will start to see we are making some progress. but there is still going to be some pain out there. i don't have this done in three years then it's going to be a one-term proposition there that was february of '09. where are we now? >> we are certainly in a worse position than we were then. everything that has been tried has failed. i can point to the record there. that's why i think this president if he's serious as he takes his case to the american people ought to get back to washington, d.c., work with us. most of the bills i mentioned that passed the house of representatives had broad

bipartisan support. instead the president and the senate democrats this week are going to try and pass a bill that rays taxes on the people who create jobs permanently to pay for temporary programs that have proven not to work. that's a failed strategy. we need to get together behind a strategy that will take the country in a different direction. bill: the american people are left to figure out whether that is true or not. thank you for your time. 20 minutes past the hour. martha: president obama invokes god when criticizing the republicans and the job bill. we have more on that when we talk to a member of the prayer caucus. that's getting attention today. we'll be right back. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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bill: retailers reporting solid gains in october. but the tallies from mace yims and target falling below expectations. $5 million is the cap on state payouts on the stage collapse and there are 90 different claims. a deadly tourist boat crash in philadelphia, two killed in this accident, the pilot said to be distracted by cell phone calls he was taking at the time with his family. martha: there is slow but steady progress after that brutal october snowstorm. you drive around this area you can't believe the scenes of what this looks like. the power has been out for almost a week.

those folks are very unhappy. >> i haven't seen one truck in bloomfield and this has gone on four days. martha: eric shawn joins me live in the newsroom. >> reporter: it's been more than five days since the storm blew through the northeast. the shun is shining but the power is out. many stuns the power company have not been able to completely restore service. the hardest hit is con. that's where power is not expected to be fully restored until sunday. one week after the storm hit. let's take a look at the latest calis in connecticut. they expect the number to drop to 425,000 today. massachusetts, 200,000 remaining without power. in new hampshire they whittled

count unlucky ones to 72,000. in new jersey, 167,000 are still without power. people are dumbfounded. >> it's starting to get annoying. not to see any trucks out there is the frustrating part. >> i can't believe it happened again. i thought it would and day or two. >> reporter: officials said the october storm is more significant than hurricane irene in august. martha: this storm is over but there are still some threats out there with how it's being handled. >> reporter: and you are dealing with carbon monoxide poisoning. one victim died after using a charcoal grill.

another died from trying to use a lawnmower. others died from using generators inside their house. authorities say never do that. never use a generator indoors because carbon monoxide is a silent, deadly killer. bill: any moment now a house panel may issue a white house subpoena for thousands of documents surrounding the solyndra scandal. why were investors put before the taxpayer? martha: more than 30 lawmakers are banding together and calling for the resignation of attorney general eric holder. >> when did you first know about the program officially i believe called "operation fast & furious"? >> i'm not sure of the fact date but i probably heard about "operation fast & furious" over the last few weeks.

martha: we'll talk to one of those lawmakers coming up. really, head & shoulders is for more than dandruff? yeah, it does seven great things like ving me a healthy scalp and great looking hair. you should make that eight things. dude, why don't you just use the stuff? [ male announcer ] head & shoulders: seven benefits. every bottle.

martha: the drum beat is growing. demand for more white house documents related to the solyndra situation. that's representative joe barton from texas. they are holding a committee hearing and will vote on whether to subpoena all the communications regarding the $535 million loan to that

company. listen. >> with the solyndra loan we smelled a rat from the start and the investigation proved we were on the right track. we clearly established red flags were ignored with the initial loan guarantee and its subsequent restructuring. we established senior white housed a advisors had close knowledge of the loans and felt pressure the white house to approve the loans. martha: new reports the obama administration considered in the final days a bailout in which the government would own 40 per of the company before it went belly up. they decided not to do that. you know, this is a very interesting story it's a disturbing story. you ask yourself why the government -- go back to the basics on this, chris hahn. why would the government loan

434 million, why would the government make that kind of loan to any company, especially one that had been up for a loan and turned down before. >> we have been subsidizing the energy companies for generations. i don't see why we wouldn't want to encourage solar panels. those of is who want alternative energy can choose from the finest of china's products to do that. i think the administration wants to get this industry going like administrations have gotten the oil industry going. let's face it ... >> we are like the saudi arabia of coal. however, we do subsidize energy, agriculture, but what was the strategy? why do we have to push this company forward? it was a whole strategy to

promote the president's green energy initiative and it failed. and this is only the tip of the iceberg. you have beacon power that just filed for bankruptcy. you have the company that got $2 billion from the government. they are doing well, but the ceo of the company sits on one of the president's initiatives. >> the administration went too far out of its way to promote solyndra specifically and it was a political failure. that said, we need to invest in alternative energy. and what we invest in alternative energy is nothing like we invest protecting our shipping lanes. >> the question is, why this company? this is what taxpayer need to know. why this company and why when it was turned down by the prior administration, they said it doesn't look like a good

investment. then it became one of the first priorities for the department of energy when the obama administration took over. it was a very, very large loan to this company and that's a major point. then they tried to bail out the company, they thought about it in the final days after they paid $1 million to a wall street firm to analyze what was going wrong with it. >> they chose wisely not to bail it out. there were red flags. there were aide within the white house who said we shouldn't -- >> the reason why they chose not to bail it out because our administration is not being transparent, in november the budget office of the white house sent an email out saying that solyndra represents disaster for the president's policy on the green economy. so the administration knew it would be failure and knew it would be a political firestorm

for the president. >> it's been a gift that keeps on giving for republicans on the hill that they are looking for something, anything that might be a scandal. i don't think this is a scandal of epic proportions but it is a problem politically. martha: the inspector general is looking at all of the programs supported by the department of energy. there are 100 criminal investigations. 100 going on in the department of energy to figure out where the stimulus money went. even down to weatherizing programs that seem to have failed. you have to ask your self, is it best for the government to handle this kind of initiative and spur on this kind of investment or are we better off leaving it to private invest -- and analysts who tell the market this looks like a good bet, this looks like a bad bet. >> it should be a partnership

between the private and public sector. we subsidize many initiatives. but having said that, they did not have a good strategy. it was more about politics and not policy. >> they were hoping for an early win. they ignored red flags because they thought they had a winner in solyndra. they thought wrong. we can't go back to the politics of coal in america. you want to fuel our homes like we did in the 180? martha: stimulus money, how it got spent, given the fact that the jobs bill has more of that money that would go out to companies. that's why we are here talking about this and that's why we want to see all of these documents to get it right. >> thanks for having us. bill: there was another company that got a big-money loan. massachusetts beacon power filed

for bankruptcy. it used $3 million in cash on the loan to keep its business going during reorganization. an attorney says the solyndra scandal hurt their ability to tap the credit market. the lodge-term prospects according to the attorney representing the country are said to be good. martha: he's a border governor and presidential issue rick perry. he's addressing border security. he told sean hannity he could secure it within a year and here is how he could do it. >> i could do it within a year. the only bottle neck would be training up enough of those predator drone pilots. you implement that with the most powerful piece of your strategy with boots on the ground given realtime information. those three together make that border secure. martha: perry saying after the

border is secure we could have a thoughtful conversation with immigration policy. bill: a family in north carolina that lived in america legally for the past decade could soon be deported unless a private bill tailored just for them passes in congress. heather is in charlotte, north carolina, good morning, heather. >> reporter: over the past decade hundreds of private bills have been introduced. only nine have become law. diane and bruce stuart hope to become number 10. >> it was with horror we learned we were no longer suitable even though we continued to renew our visas. all after sudden when we wanted to apply for permanent residents we were told we didn't qualify.

>> reporter: they have a business teaching information management to the u.s. military. they say their only hope now is a private bill sponsored by a member of congress. those are saved for unusual cases and they have to make it through the judiciary committee which overseas immigration. the representative says the committee's response ... >> the united states citizenship and immigration service is not the enemy, time is. the stuart family entered the united states with non-immigrant l visas to work temporarily. uscis will actively consider other immigration options the family pursues.

so if that option is a private bill it has to pass the committee, and the president to become law. bill: healther, thank you. 20 minutes before the hour. martha: martha: tom price is a member of the prayer caucus. he will respond to us when we come up over president obama invoking god. pill * no wheels, no problem. not for this pilot. no way. he's a hero, saving the lives of 231. now he's telling how he pulled this off.

map

martha: they are calling him captain sully 2.0. emergency landing in poland safely getting down onto the ground, take that plane down on its belly after the wheel wouldn't come down. all 231 people onboard survived. the pilot saying he felt a huge relief but insisting he's no hero. >> i'm sure each of us would have on it the same way. the glider experience would have been useful in different situations like the hudson river crash. our two engines were efficient at all installations and the onboard computer in comparing our situation, they had little time so they could only land. we were flying and we could do what we needed to do until we had fuel. martha: cool and calm and collected relaying how it happened. how he feels it was different than what happened on the hudson. those 231 people have that man

to thank that they are safe today. bill: maybe he can fly our plane next time. martha: i would like him to be our personal pilot. bill already there is new fallout as lawmakers voted to affirm "in god we trust" as the national motto. >> the current resolution is agreed to and the motion to reconsider is on the table. bill: president obama does not see this as a main priority. he says the focus should be on the economy. here is how he reacted. >> i trust in god but god wants to see us help ourselves by putting people back to work. bill: tom price is a member of the prayer caucus. if there is any caucus to be in on the hill that would be the

prayer caucus. good morning to you. why was this a priority? >> we need a lot of prayer right now. there is no doubt about it. one would think the president can only do one thing at a time. the fact of the matter is the congress can do a lot of things and in fact we have. this was a priority because the president stated the motto of the country was "in god we trust." we thought we would remind him. we have been doing a lot of bills to create jobs. our jobs program is piling up in the senate. the best call he could make would be to harry reid to say get to work. bill: the democrat from new york, he says why are my republican friend returning to and i irrelevant agenda. he continued and set national motto is not in danger. no one is suggesting we get rid of it. what's up with that? >> you saw the whole clip.

that was about the length of time that it took. the notion that we can't do those kind of things to remind the president that the motto of this country is "in god when trust." and to remind the president that we have all sort of job bills we have passed through the house of representatives. he ought to call senator reid and say get to work and pass some of those bills, then we ought to move forward. bill: it appears these are where the battle lines will be drawn for the next 13-14 months. but back to the issue at hand. are you suggesting there is a crisis of identity? why was the resolution necessary? >> was necessary because we felt it was appropriate to remind the president what the motto of our great country is. bill: there is no suggestion he's against religion. >> absolutely not it was an opportunity to say, no,

mr. president, the motto of this country is "in god we trust." and we'll pass multiple jobs bills that we'll continue to send over to the senate. and why don't you row mind the senate to get to work to pass some of those jobs bills so we can turn this country around. bill: offer one up for me next time you are in this caucus. thank you for your time. our email, hemmer@foxnews.com, the bya, because you ask. light a candle for us before the holy season begins here. martha: that would be loverly. we would appreciate that. speaking of ceremonies. after 72 day of blissful marriage -- i don't know about that -- that might have been a stretch. kim kardashian is a single woman again. but could the big split cost the

kardashian empire some big cash? the report is kim is already stepping out with somebody else. bill: shock. i'm so stunned about that. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

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bill: america is hitching ride to space with russia, but china is moving straight ahead into the final project tear. beijing carrying out its first successful docking exercise between two unmanned spacecraft. the goal is to have a fully operating space station by 2020. martha: closing arguments set to begin in the manslaughter trial

of michael jackson's personal doctor. adam housely is outside the superior court in los angeles. today is the day. what do we expect from the closing arguments from both side. >> reporter: over the course of 6 weeks the 7 men and five women have heard testimony about whether conrad murray is guilty or not. even conrad murray crying as the times when they brought in his character witnesses. but the jury will start hearing closing arguments. they expect the closing arguments to laugh an hour, hour and a half for each side. they believe this jury has been frustrated with how long this trial has gone within both side know they don't want to prolong these closing arguments as they move forward. if that happens the jury could

start deliberating right away or they could take a lunch break then go. but most people believe they will start deliberating this afternoon. martha: what happens if he's convicted? what could he get? >> reporter: there is only one count. people that have been there every single day, they see this jury being frustrated. they think they will come back with a decision quickly. if they come back with that decision quickly and if guilty at the most he would face 4 years behind bars. because of overcrowding and because he has no prior conviction, 6-8 weeks from now when they give that sentencing he may not serve any time at all. martha: incredible. they are only crowded when it comes to the big celebrities and well-known people. strange. adam housle yes, thank you. bill: eric hold torrance

questions on fast and furious. lawmakers are saying the attorney general should resign. we'll ask one of them why. also this ... martha: what a scene in california. those protests are getting downright ugly. how american mayors are trying to prevent this situation from erupting in their hometown. [ male announcer ] in his eyes...a race needs no finish line.

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martha: boy, there is chaos on the streets of northern california. watch this. can you believe this is happening in the united states of america? this is unbelievable scene. more than 3,000 occupy oakland protesters in clashes now with the police are setting bonfires in the streets, forcing the city's busy downtown shipping port to shut down.

that has a huge effect on commerce of course. this is brand new hour of "america's newsroom." glad to have you with us on a thursday. i'm martha maccallum. bill: good born morning. long night there in california. it went on and on like this. officers in riot gear firing tear gas in the crowd. police do not believe this is over. >> we do have continued concerns about a group that we've identified as anarchists that have been roaming through the crowds. we are watching them. we do have some pictures available later to share with you of what they look like. want to continue to make sure that the peaceful, that people are here to exercise their first amendment rights and that they are not being disrupted by these groups who are bent on causing damage and confronting the police. martha: big concern for all the businesses down there and all these areas across the country. claudia cowan on this for us in san francisco. so what happened?

why did all this break out last night. >> claudia. >> reporter: martha it all seemed to start around midnight after a group ever protesters split off and broke into a foreclosed building near city hall and smashing windows and setting bonfires along the way, in an effort to reclaim the building for the people. police in riot gear moved in and mostly peaceful day of action turned into a night of anarchy. protesters threw molotov cocktails and bricks at cops. they responded with tear gas and nonlethal bullets making dozens of arrests. many protesters hoping the general strike would make attention to economic fight and political justice are angry. anarchists and broke windows and spray-painted businesses given the whole movement a black eye and caused suffering for a small business owners who say they are part of that 99% too. martha, early damage estimates are in the hundreds of thousand of dollars. martha: what about the port

of oakland? >>. >> reporter: well it is still closed this morning after protesters managed to bring operations to a standstill at the nation's 5th busiest port. that was a primary goal of yesterday's occupy movement with the day-long general strike. thousands of protesters blocked streets around the port for up to six hours making it impossible for workers to leave or to get to their jobs. now during the march, a couple of protesters were hit by a car. that happened when an angry mob surrounded a mercedes-benz and started banging on the hood. the driver hit the gas injure man and woman. they are expected to be okay. meantime port officials hope to resume operations there later today but they want to make absolutely sure those workers can get to their jobs safely. back to you. >> a tough situation. thank you so much, claudia cowan reporting from san francisco. bill: that was in california. this from pennsylvania now where hundreds of occupy philadelphia protesters, they went marching to the

city's comcast center. 10 people handcuffed and hauled off to jail while staging a sit-in the building's lobby. protesters thankful the demonstrations were not as chaotic as we've seen in some other places. >> even if the police aren't being as brutal as being in oakland, boston or chicago i'm really happy that they're not. don't get me wrong. still using tactics of intimidation really i feel like we are part of the community. bill: we will see what night fall brings again in these cities. protesters storming bank of america in center city earlier in the day there. martha: in new york city, mayor michael bloomberg with a big warning for protesters on wall street where all this began. the saying the city will crack down on demonstrations when necessary. he has not been inclined to do that really so far. the mayor claiming small businesses and neighborhoods are hurting after seven weeks of having these groups all over their storefront area. it has been very rough for

them. bill: there are new reports now that the administration is looking for a faster exit from the war in afghanistan. this only days after one of the deadliest attack on u.s. troops. is afghanistan ready to handle its own security? steve centanni, national correspondent, live in d.c., good morning. could there be a complete pullout before 2014 which had been the original date, steve? good morning. >> reporter: right, bill, good morning. officials we talked to could not rule out the possibility that such an idea is on the table at the white house as part of a high-level discussions over the future of the u.s. presence in afghanistan. but we have to stress if it is talked about likely one of many options and certainly according to the white house and the pentagon at this point nothing has been decided. in fact the question was put to deputy national security advisor ben rhodes this morning in cannes, france. let's listen. >> if there is any specific timeline beyond what the president already laid out that we'll bring 10,000

troops out afghanistan by the end of this year. we'll bring 33,000, the full surge out of afghanistan by end of next summer that. is nested with within a broader transition which we're handing over security responsibility to the afghans. that transition will be concluded in 2014 as agreed to in lisbon. so --. >> reporter: word that the obama administration is exploring the idea of shifting to an advisory role in afghanistan as early as next year reported this morning by "the wall street journal". bill: if there is a change, how would the mission change for our troops there now, steve? >> reporter: well our role would be to advise and assist. the idea place less emphasis on protecting population or counter insurgency and targeting al qaeda wherever they might be which would be a down counterinsurgency operation. last week in that huge car bomb attack in kabul.

17 people killed including 13 americans the obama administration already decided there will be no more combat troops in iraq after the end of this year. and the white house could be moving that same direction in afghanistan. bill? bill: steve, thank you. steve centanni in our bureau in washington, d.c. six minutes past. martha: there is new fallout in the solyndra loan scandal. congress asked the white house for all the documents related to this loan. they got a lot of documents but they didn't get all of them. now we're minutes afrom a vote that would bring a subpoena on the white house to get the rest of those documents. listen to this. >> unfortunately we can not get to the bottom of this mess without white house cooperation. yet we're hearing the same excuses about the need for more time and vague promises to deliver something but no details on some basic questions. martha: live on this in washington this morning. the vote is just minutes away, right? >> reporter: should be about minutes away. we're watching it very

closely right now, martha. last night literally only 15 hours before the house energy and commerce committee had scheduled this business meeting to vote on whether to subpoena white house internal documents over the solyndra loan, the white house dumped literally thousands of solyndra-related documents to the committee. republicans contend those documents were first delivered to the press and that they were not germane to the investigation. rather they were old material the committee already investigated of the so the committee is now pressing ahead with plans to issue a subpoena. here's fred upton again. >> it is a tool that we use sparingly and only as a last resort. today is our last resort. >> reporter: about the only thing that democrats and republicans agree upon is that a subpoena of the white house documents is indeed a method of last resort. here is ranking member henry waxman of california. >> it should be the last resort. it is justified only if an unbridgeable impasse between the branch has been reached.

none of that is true today. >> reporter: the vote is expected later this morning. as we said all likelihood straight down party lines. the next question is, will the white house agree to submit the requested documents? if they don't, where does the legal fight go from there? martha? martha: doug, thank you very much. doug mckelway. bill: now to 2012 the frontrunner for the race to the republican nomination getting visibly frustrated under the heat of this continuing national spotlight herman cain. he denies the allegations of sexual harrassment when he worked at the national restaurant association some 12 years ago. accusing his team, accusing mitt romney and rick perry creating the scandal out of thin air. now cain's chief of staff last night on "special report" told this to bret baier. >> both rick perry campaign and "politico" did the wrong

thing by reporting something that wasn't true from anonymous sources, like i said, herman cain owe herman cain and his family an apology. bill: perry's team responded this way. we found out about these allegations at the same time as i suppose everybody else did. read about them online and our campaign had absolutely nothing to do with it. now cain's chief of staff, mark block, who you just heard from with bret, he is a guest later today at 1:00 on "america live" with megyn. you can hear that interview in a couple of hours from now. we'll see where this thing goes now. what did you say earlier? everybody is shooting this way? martha: pointing at this person over here. everybody. all the camps. it is really a mess. we want to talk about this as welcoming up. at least 30 lawmakers in the nation's capitol are now calling for attorney general eric holder's resignation saying they believe he lied to congress about the federal gun-running sting operation that has gone horribly wrong. one of those congressman is

going to join us to talk about that coming up. bill: also there were concerns about iran's nuclear program, has been for some time echoing across israel. could that region be on the brink of war? martha: and what happens when you make a mistake? you think the gas station is a drive-through. i really think what that driver is thought. something else going on there i think. ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8. i find investments with e-trade's top 5 lists and use pre-defined screeners to work smarter. not harder. i depend on myself to take charge of my financial future. [ bell dinging ]

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bill: new this morning out of chicago, a train derailment outside the city causing problems for rush hour commuters. that is what you do not need in the windy city. look at the fire here. some of the train's cars were on fire, blocking commuter train tracks. a few of the trains entered the area before the crash providing limited service to commuters in the morning. no injuries by the way. martha: back to washington now where there is no response from the white house as calls for attorney general eric holder's resignation intensify. more than 30 lawmakers have now demanded that the

attorney general step down amid this controversy surrounding the gun running operation known as "fast and furious". more than 1,000 u.s. weapons got into the hands of mexico's drug cartels. some were later found at a border agent's murder scene. that is the whole story in a nutshell that has all of this prompted. republican congressman paul brown said mr. holder is not above the law he believes. he joins me now. congressman, welcome. good morning to you you. >> thanks, martha. good morning to you, mart that. in fact it is getting blatantly evident eric holder has broken the law. he relied to congress. he resigned. he should be prosecuted for lying to congress. he should be disbarred. the president ought to call eric holder into his office and fire him today. that is why i and other members of congress are calling for his resignation. martha: those are very strong words, congressman an we have heard them from a number of congressman. the first question is, do you have any pull in this matter?

does it matter if 30 congressman are saying this? >> it is getting to be a cacophony of voices in the u.s. house calling for eric holder's resignation. nobody is above the law. not even the chief law enforcement officer in the united states. he has broken the law. he lied to congress and he should resign. go ahead. martha: be specific in terms of lying to congress. that is very serious charge the eric holder would say that is not the case in terms at all what he said to congress. he said when he responded to that question about when he knew he was talking about whether he understood there was a controversy, a scandal brewing around this issue. you know, so, has there been an attempt to sort of iron that out? what is eric holder's response been? >> he is going to do whatever he can to try to wiggle out of this but the thing is, even senator grassley recently said he gave a letter personally to eric holder about the controversy about how bad this was. he got weekly briefing from

his staff about the "fast and furious". he, he had e-mails that all those evidences are coming for ward that he did know about it. he told members of congress in testimony he just became aware of it two weeks before. that is a blatant lie to congress. it is trying to mislead congress. it is breaking the law. he should resign and he should go right away. in fact i think it doesn't do this president or his administration any good to continue to defend eric holder. eric holder is the chief law enforcement officer of this nation. nobody is above the law, not even eric holder. he must go. martha: it is interesting. we haven't heard anything over the course of the last month from the white house in response to this. it has gone from eight members of congress calling for his resignation. that number keeps going up. it is now 30 members of congress. are you surprised the white house hasn't responded to stand up and say we stand by eric holder? >> well they should, they should fire him. i call upon the president

today to call in eric holder and say you're fired! he needs to be gone. we need to put confidence in this justice department and the american people are losing confidence. we've got the chief law enforcement officer of the nation lied to congress. it has become blatantly evident that he did and he is trying to cover his own backside. he needs to go. he needs not only to resign but he needs to be prosecuted for lying to congress. i hope a special counsel will be appointed to bring about prosecution of him. he should be disbarred. as a lawyer he has broken the law and should be disbarred. martha: congressman brown represents the thoughts in a large part of 30 members of the house of representatives. he joined us now for that. obviously the white house has a very different take on this situation and those charges. congressman brown, thank you very much for being with us today. >> thanks, martha. anytime. bill: when the hearing will get underway it will be must-see tv we'll see how it goes back and forth and how eric holder respond. herman cain's camp

pointing the finger at rick perry's camp. is that the right strategy in dealing with all this or what is the best strategy? mary catherine ham on that coming up. martha: a mayor decides that her city council meetings are getting a bit out of hand. she decides to ban clapping. you have to hear this one. >> clap on, clap off. clap on, clap off. the clapper. clap on, clap off. clap on, clap off, the clapper. 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.

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martha: here is that brand new dramatic video of a early morninging car crash in florida. check this out. why does this happen, you have to ask yourself. suv crashes through the gas station. glass went everywhere.

she backed up and got out of the car to check the damage. luckily nobody hurt in the crash. there are charges though. bill: where do you think we were before surveillance cameras in convenience stores. martha: happened all the time. we never knew about it. bill: the mayor of a small new york town said city council meetings were getting so far out of hand, to move business along she decided to ban clapping. no more applause. but many feel that violates the right to free speech. now they're vowing to keep up the applause in protest. love this. douglas kennedy has been there. he is here with the story now. what's up? >> reporter: the mayor wants to stop people from putting their hand together, bill. it is something a lot of people do a lot of the time. [applause] >> reporter: everyone claps from crowds to presidents. to darrell davis clap something a fundamental human expression. why is clapping so important? >> it's human nature. if you agree with something

or you approve you clap. like laughing. a lot of times it is involuntary. >> reporter: lately davis and residents in peekskill, new york, have been clapping loudly and proudly, many times in opposition to the city's mayor. in late september mary foster responded by banning clapping at all city council meetings. davis and other residents are outraged. so to you this a basic human right? >> it is. i mean it is free speech as far as i'm concerned. it is freedom of expression. you can't legislate how people feel, what agree with. she is trying to be heavy-handed towards political dissent. >> reporter: this constitutional attorney agrees. >> no. i do not think that this ban, this law could be upheld. it snacks in the face of unconstitutionality. >> reporter: the mayor did not return repeated calls from fox news but in the past has described the no-clapping rule as a politeness policy designed, she says, to maintain

decorum at the public meetings. now the mayor says you are simply too loud and that your clapping disrupts the meeting. >> it is absurd. people clap, it is a political forum. you have differences of opinion that are going to be expressed. that is the place to do it. [applause] >> reporter: he says clapping is an essential part of political debate. he says it should not be controlled by those in power. that is it from here, bill. back to you. bill: douglas, a standing ovation for you. martha: a big round of applause. bill: a sitting ovation. >> reporter: need more than that, quite frankly. martha: douglas, peekskill, new york is my my mom's hometown and hometown of george pataki. famous place. you didn't know that, did you? bill: well-done. your mom is? martha: betty. bill: betty. martha: hi, mom. there she is calling. bill: she is calling again.

martha: mrs. hemmer calls in the morning before the show which is good. playing the blame game on the campaign trail. we've seen a lot of this last couple days. is herman cain the victim of a smear campaign? we will debate that. bill: good question for mary catherine ham. also this, israel living under the constant threat from iran. the jewish state could be considering an act of war against the islamic republican? what's happening there. 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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bill: 28 minutes past the hour. texas' attorney b general has sent a request to the president to increase agents at the border. the pressure on greece is enormous, and it is issue number one at the summit. and you don't have to wait until black friday to find huge sales. walmart holding a super sales event this saturday, deep discounts on televisions, gaming systems, other items like that. get your list together and get on over there. martha: we know what we're doing on saturday. bill: that's right. thanks. martha: this is a very interesting story this morning, rallying support for a preemptive strike on iran? the israelis are reportedly considering military action which, as they've always said, has never been off the table, but tehran is warning there will be retaliation against israel and the u.s.

so this situation is heating up. want to bring in tom could have lin, executive foreign editor of the telegraph in london. good to have you here this today. >> good morning, martha. martha: it seems this has been prompted by this new iaea report in just a few days. what are we going to learn about what iran's been up to? >> this is going to be the most rigorous report the u.n. watchdog has done in the past decade, and all the leaks suggest the conclusions it reaches is that the evidence now available points to iran having an active nuclear weapons program, and more to the point, developing things like the triggers for an atom bomb, the missile systems that can deliver a bomb and, basically, all the equipment you need for an active military nuclear capability. martha: so how seriously do you take these reports? in one of the competitive newspapers there in london, the

u.k. is putting itself in a more serious posture to possibly help the united states and israel in some sort of retaliatory attack? >> well, martha, i think when this report comes out next week, the world's attention is going to be focused back on iran. we've had the whole libyan crisis and the arab spring through the summer this year, but now libya's out of the way, gadhafi's out of the way, a lot of people will be focusing again on iran. and i think people are going to be looking, again, at what military options are available. and in that context here in london the british government is having a look at how it could support a u.s.-led military strike on iran. and as you said, martha, the us israelis are also saber rattling. the real problem here is if action is not taken soon, then the iranians will have hidden away all the key components in these bunkers they've built in

mountain ranges in iran, and the west not be able to do anything about it. so unless action is taken fairly quickly, you're looking at a fait accompli. martha: there is this report they have been moving some of the components into this underground bunker, and that it would be very difficult to get access to them by any kind of military attack and that that process is going to happen over the next 12 months or so. that's a report that's out there right now. you know, i'm also fascinated by the changing of the guard at the iaea, with mohamedal bare day gone and this new person in place in japan, it wasn't that long ago that he said, oh, iran's not up to anything. now it sounds like the story is completely craning with regard to their -- changing with regard to their capability. >> yeah. well, you're quite right, martha. when mohamedal bare die was running the nuclear watchdog, the last thing he wanted was a confrontation with iran. and even though his inspectors

time after time after time found evidence that iran had a nuclear weapons program, things like traces of highly- enriched uranium which you only use for a nuclear bomb, he just sort of brushed it aside because he was trying to have a dialogue. also coming from an arab country, egypt, he just really didn't want to get in the confrontation game with iran. but, of course, he retired two years ago, and now we have a new director general. martha: right. >> the iaea has taken a far more robust approach. martha: yeah, it could be a big game changer in all of this. thank you as always, good to see you today. >> pleasure, martha. bill: it has been a relatively quiet morning on the cain front, but it's only 10:30. but not before a day of back and forth of ugly accusations. they are shooting inside the tent. and who is left standing in the

end? mary katherine hamm, a fox news contributor. how you doing, m.k.? >> i'm doing pretty good. bill: where are you o now in terms of the strategy that is best for cain? >> look, i sympathize with the campaign's frustration on this. we have three unnamed sources at this point. i think the ap ran with this third woman's name last night. she didn't report it at the time, so i understand their frustration here. i'm not sure that going a after the perry campaign from the very top of their campaign is the best idea partly because it fuels the story. the infighting is something that people love to talk about, that the media loves to report on, and i think they're all over that. bill: they love to report on it for a lack of substance in other areas. continue. >> right. [laughter] well, that is, indeed, part of it. the horse race and the game is always part of the story, and it's something i think you have to anticipate.

i think had herman cain had a very put together story from the very beginning of this, i do believe that maybe by this day they would have been moving past it. i think the rick perry story has given it a little bit of new life. and so i think that's something to worry about. but how to handle it from here on, they've turned the corner on this perry thing, i think, without a lot of evidence. although perry's campaign, it must be said, has plenty to gain from planting such an attack. but i have a feeling they're going to be stuck talking about that for a couple of days. bill: well, now this third accuser, we don't know who she is, where she worked, we don't know if she filed anything. >> right. yes. bill: it was another one of these stories that bubbles up, and we'll see whether or not it goes away. what dick morris told bill o'reilly last night is what he learned during the clinton years was to buy yourself time. and the more time you give yourself, the better chance you

have of surviving this. >> i feel like from the very beginning, for me if i was in the position, the rule is tell the truth, tell the whole truth and tell it really so we can move on. so i think herman cain's story got discombobulated at the very beginning, and this latest story about how he talked to kurt anderson of the rick perry campaign years ago confused people about when he knew what -- bill: anderson, until two weeks ago, was working for cain, and now he works for perry, and that's where the cain team thinks the leak came from. that's where they think the source is. >> and in talking about that, they said they talked about it in 2003 which confused some people who said a couple days ago he was saying he didn't know about this. so i think the whole thing has been a little confusing, and had it been more clear from the very, very beginning, i do think this would have blown over a little faster. but they are stuck talking about -- bill: i gotcha. we'll see how these polling numbers change or do not change

in the coming days and weeks, but look at the number from south carolina. herman cain right now in the polling is up ten points on mitt romney. look at the polling from iowa. herman cain is up eight points. you see that, mary katherine? >> yep. [laughter] well, and this is herman cain's strength, right? in the end, they listen to him and go this guy is being straight with me, i like him, he's an outsider, and the reason that maybe he's not answering everything in a politician way is because he's not a politician which in this day and age sometimes makes people happy which is why you see him doing well there. but i do think they need to turn the corner on this and get back to talking about 9-9-9 or what have you, and that's the task at hand. and i think people are ready to hear that, too, because they don't want to keep hearing about three anonymous sources. bill bill fair point. especially when you look at the issues, and the issue number one is about the economy and jobs and straightening that out. mary katherine, thank you.

>> thank you very much. bill: good to see you. martha? martha: while much of the focus is on 2012, we are days away from election day 2011. though the white house is not up for grabs, of course, there's some pretty important issues out there on the ballot, and john roberts is live from jackson, mississippi, with just one of them. hi, john. >> reporter: hey, yeah, they're choosing a new governor here, new legislature, and they're going to be voting on several initiatives here. one of them involves a 2005 supreme court case where the court ruled that the state of connecticut could take a woman's private property -- not for a public works project through 'em innocent domain, but to turn it over to a private developer. randy knight is the president of the mississippi farm bureau federation. he and the farm bureau federation are the driving force behind niche i-31 which would prohibit the state from taking private property and turning it over to a private developer. randy knight told me he has seen what's happened in other statess and wants to make sure it

doesn't happen in mississippi. >> it's protecting our private property rights. we just don't think the government has the power and authority to take your private land and turn it over to sun someone else for -- someone else for private development. it's protecting your property rights. >> reporter: so the farm bureau association has launched a massive campaign, billboards, television ads across the state trying to get initiative 31 through on tuesday. but in reality, this has only happened once in mississippi, that's when the state took church property and turned it over to toyota in blue springs. that church property had been abandoned since 1927, and nobody knew who owned it, so there was no one to sell it to toyota. so leland speed who was the head of the mississippi development authority is firmly against this initiative 31 saying it could be a jobs killer. >> they run billboards that say

stop eminent domain abuse. what abuse? show me a victim. the system we have works, and it allows us to assemble these mega project sites like the toyota plant. >> reporter: yeah, which is going to employ about 4,000 people. 43 states in the nation have reformed their eminent domain laws, 22 are strong laws like the one proposed near mississippi. current governor haley barbour firmly against it, he has see towed two -- vetoed two measures. martha: thank you, john. jopt roberts. bill: so rick perry says he doesn't like debates. why he says he had trouble on the big stage and what you can expect next time around. martha: and the nba lockout lasting a little bit longer than kim kardashian's marriage. interesting questions about all of this, we're going to talk

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call unitedhealthcare to learn about medicare plans that may be right for you. with some plans, you can enroll right over the phone. don't wait. call now. martha: well, she says they got married for love, and it only lasted 72 days, very sadly. now as the news of kim kardashian and kris humphreys' divorce rocks the blogger pages, people screaming there's a scandal here although the two reportedly worked out an iron-clad prenup. reports swirling today that kim -- how about this, folks -- and her old flame reggie bush may have been rekindling their romance before she called it quits with her husband. could that change the prenup situation? who better to ask than joey jackson, criminal defense

attorney. how are you? >> survive anything a crazy world. martha: you know, this is a story with an interesting diversion with all the rest of the stories we have to cover today. i want to play this because, obviously, there's going to be some kind of scuttlebutt over this prenup. >> you think? [laughter] martha: kris jenner has a book she's promoting, and she was on "fox & friends" this morning, and i'll give you my take on this sound bite from her, and we'll talk about it from joey. >> they're a bunch of wild figures, completely inaccurate and false and ridiculous, and nobody gets married, you know, for a television show. >> they didn't make money off the wedding? >> they made money, um, and put the money towards the wedding and then kim paid a great deal of her own, you know, that we still had to pay for the wedding. so there was no, um, you know, nobody made anything at the end of the day. martha: everybody was even. there's no money for anybody to tap into. [laughter] there's no money, there's no money. >> now, martha, why duke they're

saying -- why do you think they're saying that? the lawsuits are going to be flying fast and furious. there's a prenup call agreement, we know that. but it's contracted. martha: right. >> there's usually standard things that go into a contract, like what? like you voluntary entered into it, like it was in writing. however, here you could think or maybe suggest there might have been a little fraudulent activity going on, right? so the question is going to be, did she really intend to be married? did they really have this union that was based on marital bliss and happiness forever more, or was it something to do for reality tv, ratings and money? and if it's a sham and kris humphries was a pawn in that sham, i think he's going to get a little bit of money. martha: i think it sounds like a very difficult case for him to prove, and i would go out on a limb and say i bet this prenup was written pretty solidly because her family's business is worth $500 million. you could say he's a good player, but he's not top ranked. >> he's not lebron james, of course, but, you know, look,

martha, even if it's written in stone -- and there's nothing in law written in stone -- martha: that's why we have lawyers. >> the point is he's going to get what's fair value. courts look at equity. they don't want any party unjustly enriched. martha: 72 days, how could she possibly owe him anything? >> because what they did in the prenup, they addressed issues like what would be profits on the wedding, what would be profits from marketing or anything else? now he's a pawn in that whole issue, and he shouldn't be used that way, so he'll get his equitable value -- martha: do you think he could prove, and how would he prove that this wedding was a sham? to me, that's the only way he's got a case. if says, look, basically it's an annulment argument. i went into this with good faith side on my part, and this was not at all what i was told it was. >> i think he can prove it. look, this is reality tv we're talking about, this is, you know, a wedding.

who gets married for 72 days, right? it's usually a little longer -- martha: cher and greg allman. [laughter] they didn't have this kind of wedding though. >> you look and see how many gifts they got, how much money was poured into this, into the millions, you look at what she does in terms of endorsements and sponsorships, you could easily say this was done for publicity, in order to elevate her. martha: the reggie bush issue, from what i read in the tabloids, they might have gone out for lunch together. if you can't prove that something physical is going on there, that's -- >> that's a different issue. the whole cheating thing, courts especially in california where this happened, infidelities, not that they should be excused, but courts are loathe to penalize a couple for infidelity. it's going to turn on whether she was a scam artist or not. martha: let me tell you something, there'll be another big, huge wedding, they'll be back in that big black and white tent and the whole shebang. >> the wedding with reggie bush

is just around the corner. martha: you think? >> yes. three months. martha: thank you very much, joey. always good to see you. bill: run, reggie, run. get out of town. [laughter] what's coming up next on "happening now"? jenna lee has a preview of that. what's going on, jenna? jenna: i can see the trs shirts for that -- t-shirts for that, run, reggie, run. [laughter] you need a job? the we have a mayor who's hiring, why his town is booming now, of all times. plus, more controversy, of course, fueling the gop race. you have the cain camp now blaming perry's people for launching this smear campaign. we're going to talk to perry adviser kurt anderson. he's the man at the center of this story about what the truth is. plus, political powerhouses with tough talk. senator alan simpson is here to tell us why he says enough is enough, and no one quite says it like alan simpson, bill. he's coming up. bill: that's true. yeah. everything that comes out of his mouth is another quote you can

put on the mantle. jenna: that's right. bill: thank you. see you in ten minutes. eric holder facing calls to resign over fast and furious. what will the ag say in return? this is $100,000. we asked total strangers to watch it for us. thank you so much, i appreciate it, i'll be right back. they didn't take a dime. how much in fees does your bank take to watch your money ? if your bank takes more money than a stranger, you need an ally. ally bank. no nonsense. just people sense. where they grow america's favorite wpotoes. idaho, everyone knows idaho potatoes taste great. but did you know they'reood for you too? they're high in vitamins and potassium.

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martha: well, republican presidential contender rick perry talking debates in a one-on-one interview with fox news' sean hannity, perry defending his performance. >> i think the first 100 days was just a sprint to raise money. that's what we were doing, we were spending a lot of time raising money because we knew we had to. we had, i think, four debates during that period of time and, frankly, i didn't have time to prepare for those debates. [laughter] obviously, it showed. and, you know, i hate debates.

i hate debates worse than i did shipping when i was a -- spinning when i was a pilot in the united states air force. martha: how about that? don't miss the next fox news republican debate, that is december 15th right here on the fox news channel. bill: be a big night, huh? we will learn a lot. new questions about the controversial strategy of allowing weapons to fall into the hands of mexican drug cartels. it's a practice that may have been going on for years. william la jeunesse covering that story from the very beginning in l.a. william, what did you find out now? good morning. >> reporter: good morning. well, the fast and furious tactics were used two years prior in wide receiver. key difference, atf did contact mexico and did at times try to follow the guns. but that operation also failed to stop the guns or expose the criminal network. mike is a tucson arms dealer recruited and paid by the atf for operation wide receiver.

two years before operation fast and furious. >> it wasn't guys like me that were letting that happen. it was atf coming to guys like me and ask to let it happen. >> mike sold some 450 weapons to criminals as the atf watched using hidden cameras and recorders. >> i was wondering if by any chance you have a .50 caliber. >> reporter: here fidel hernandez tries to buy a military-grade assault rifle. >> if you find one that's in the price range that's in the 8 or 9,000, give me a holler. >> i was told not to worry about my guns, that mexican authorities on the other side of the border would either be following or interdicting the guns. >> reporter: it wasn't just fast and furious. in two other cases the atf allowed guns to cross the mexican border. now, the strategy was the same; to arrest straw buyers over here and the kingpins over there. in each case it failed, and it backfired once when a jury

acquitted the buyer and blamed, in part, the federal government's behavior. >> anytime you have the government allowing a criminal act to occur, they have to have some culpability. they could have stopped it easily at the very beginning. >> reporter: now, justice did get some convictions, but not as many as they wished or as long as they wanted. the last case, bill, was dropped last week with no charges. bill: william la jeunesse, thank you. martha: why this superhero is looking for new digs. we'll be back. [ male announcer ] cranberry juice? wake up!

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