buffet and coral band played hits over an hour, what a time indeed. we ran out of time, but your twitter responses online. so, thanks for joining us and make it a great day everybody! >> fox news alert. the white house firing back over an unprecedented subpoena in the solyndra scandal. and the white house all, but refusing to turn over more documents related to the sprawling probe into the administration decision to provide then bankrupt solar company with more than a half million in taxpayer money. i'm kelly wright. >> i'm jamie colby. welcome to the brand new hour inside of america's news headquarters. the white house is saying the congressional request is driven more bipartisan politics than the request for the truth and looks like the response could set up a battle that could lead up to the

supreme court. and peter doocy is following it for us live in washington. hi, peter. >> reporter: hi, adding to what you said the white house saying it's too broad and liken it to a fish expedition and they've got documents related to solyndra and if the committee wants more, but the committee must narrow the scope and this is the letter from the white house, and the subcommittee on investigation. earlier this week we made a good faith effort-- offer to work with xhie to accommodate its legitimate oversight concerns. you rejected our offer without explaining how it fell short of the your and legitimate oversight purpose, i can only conclude that your decision to issue a subpoena authorized by a party line vote, other than a legitimate effort to conduct a responsible investigation. the investigation has got to include everything solyndra

related because thinks the white house gave investors instead of the taxpayers the first consideration with loan repayments, congressman added this today. >> the white house is trying to throw us off. if this is okay, be forth coming and show us the records. what they're doing is engaging this chicago style politics, trying to throw people off the track. let's get back to the facts in this case and let's find out what took place and with all of this money being spread around, let's find out why and who was connected to who. >> so, while the white house says they will cooperate further, it sounds like republicans in this committee are going to have to ask again and they're going to have to be very specific with what they want, jamie. >> it's a complicated story, peter, i'm glad you're covering it for us, thanks interest washington. meanwhile, vice-president joe biden is warning congress against failing to take action on president obama's 447 billion dollar jobs bill. he was filling in for the

president during the weekly address saying that if congress does not take action, the white house will. >> if the republican congress won't join us, we're going to continue to act on our own to make the changes that we can, and bring relief to middle class families and those aspiring to get in the middle class. look, it's simple. we refuse to take no for an answer. we know the steps taken alone are not going to solve all of our problems, but they will make a difference in the lives of millions of american families, struggling to hold on. >> vice-president joe biden, weighing in there and republican senator scott brown responding to that. saying that the president's bill doesn't have a chance in congress, but urging lawmakers to act on a different bill that he says would create more jobs. take a listen. >> this jobs bill comes at the right time for the right reasons and it deserves a prompt vote on the senate floor without any gimmicks that will delay or jeopardize passage so the president can sign it into law right away.

>> one note, brown's so-called stealth bill has already been passed and there was a vote in the house on that. and now the massachusetts senator is calling on majority leader harry reid to allow the senate to do the same. kelly? kelly? >> all right. president obama's approval rating edging up slightly, but the president could be facing a tough uphill battle if mitt romney is chosen as the republican nominee. a new poll now showing the president in a dead heat with mitt romney finishing just behind, if the november 2012 presidential election were held today, the former massachusetts governor getting 44%, the president 43%. let's bring in our political panel to discuss this. chris hahn former aide to chuck schumer and democratic strategist. and jonathan, a former nrcc press secretary and director of communications for american crossroads. thank you both tore joining us. >> thanks for having us,

kelly. >> what do you make of this. of course we're looking into the glass darkly right now. we don't know who will be the republican nominee, but does it strike you that mitt romney will slightly edge the president, if the election were held right now? >> you know, i've got to tell you, i look at the numbers and i'm very optimistic. i mean, mitt romney is not loved by the republican party and the economy has been bad and it's getting slightly better, but still bad. a lot of americans are hurting and yet they hover near 50% approval. we've got a year to get things right and message out of what we've been doing to improve this economy and i think that things are looking up to are the president and the republican slate is not turning anybody on. so, things are going to be good for us. i predict a solid reelection for the president next year. >> what's happening with the republicans right now. when you look on the face of it, mitt romney is still holding steady, of course, herman cain is edging as a front runner and newt gingrich

and rick perry and the lot trying to get to the front runner status so they can go on and win the presidential or at least the republican nomination. >> oh, i mean, what i would say on the-- on at that poll when you're looking at 50% approval for the president, it's always important with the polls to look at the audience of the poll and who is actually being questioned. in that reuters poll that we were talking about, that was a poll of adults, it wasn't a poll of registered voters or likely voters and when you narrow it down to likely voters, independents in swing states where the election is going to pan out, that belt of swing states from the election, those are abandoning the president en masse. they don't like what he's done on the economy and think that he's failed to live up to his promises and quite frankly, there's a growing sense he may not be up to the job of turning around the economy. >> that's a good point. hold on, and jonathan makes a very good point. the president may not be up to the job and that comes down to

my next question, experience matters. even for the person in the oval office right now. >> right. >> experience matters. does the president have enough experience to edge out his competition no matter who the republican nominee will be? >> absolutely. and that, that's the problem for the republicans right now. they've got a bunch of also-ran and not ready for prime time candidates running for president right now. rick perry has been a nightmare during this presidential campaign and you look at the performance last weekend in new hampshire and it's embarrassing and makes me scratch my head and wonder why he never lost an election in texas. i guess the republicans and democrats never seriously challenged him. you look at herman cain and not ready for prime time attitude. he doesn't know the answer to simple questions. he didn't know that china had nuclear weapons since the '60s. >> but wait a minute now. i hear you loud and clear, the other side of the coin, the republicans might say that the republican might show that the

president has inexperience with the economy and people want jobs. >> i think that's exactly the narrative that's going to show up in 2012. what chris is saying is exactly the message that's going to come out of the white house in 2012. it's going to be negative. it's going to be nasty and the reason for that, because they cannot run on their record of the economy because the president made all of the promises in 2009 about the stimulus package, none of them came through and he has always run on his own-- >> and of course, john get in here quickly, guys, what you both are talking about, are talking points from the republican party as well as the democrats so how bruising of a presidential election is this going to be when the republicans finally get the nominee, we're looking at something ugly, aren't we? >> it's going to be negative because let's face it, the republicans don't have a candidate that has anybody to run on. and he was when he ran for governor of massachusetts and senate and if anything else, a horrible candidate. newt gingrich on his personal conviction and ethics? i don't think so. i think what you're going to see next year is a very

negative campaign and listen, the president's biggest mistake with the stimulus is not understanding how big the problem was in 2009. we needed a bigger-- >> again, we've got to go, and jonathan the last word. jonathan, again what chris is alluding to back to what republicans are saying, experience matters. >> yeah, and not knowing how big the problem was in 2009 is not exactly encouraging, if we're talking about a president that needs to be able to fix the economy. >> and you know what the problem is. >> that's a real problem. >> guys, we could talk longer about this. >> we could. >> and jonathan and chris have a great saturday. >> thank you. >> thanks for having us. >> okay. >> new insight right now into the occupy protests, it's crossing and costing more major cities. the oakland police officers association is now saying that their city has shelled out about 2 million dollars in the past two weeks, just on police response and pictures tell you why. 1 million of it reportedly was just overtime and that doesn't

include the cost of the damage from the vandalism during the violent protest friday night at the port of oakland. the estimates have not officially been released. >> take a look at new york. costing the city an estimated total of 5 million dollars and the city has not released any damage or cleanup estimates yet. and in case you haven't heard. today is bank transfer day, folks. the internet organized events, it's urging americans across the country, dump some of the nation's biggest banks and today appears that many setup customers are actually doing that. julie banderas might be one of them. we'll find out in new york city. probably too busy. >> i didn't move any money, the producer asked me to move some after the show, there's an ethical consideration. we'll talk to him. and some people moved out of banks such as bank of america and moved into credit unions

and this all was spurred in late september by that $5 debit card fee that bank of america then canceled after the outrage that sparked totalling 4.5 billion dollars in new savings accounts so far for all of the people that are taking money out, disgruntled customers say it was that fee that drove them away even though it no longer exists. according to a nationwide survey by the credit union, national association, by the end of the weekend, the number of the accounts could grow by tens of thousands more. the movement was started by a facebook user and former bank of america customer, who invited 500 of her friends, well, now, she has over $81,000 people attending bargaining transfer day on her facebook page and that number is expected to grow. the hope is, so will employment opportunities. >> since the bank received bailout money they continued to layoff employees at an alarming rate. and by promoting growth in local communities, credit

unions will be expanding and hiring additional employees. >> reporter: the big banks are keeping mum whether they've seen an up tick in account closures. bank of america declined to comment, but a spokesperson did say this, regarding the debit fees. we listen to our customers and decided given the feedback and competitive conditions in the marketplace that we would not proceed with the planned fee. it's not likely that all of these closings of accounts are going to have that much impact on these giant banks, considering they each have some 100 billion dollars in bank deposits. while it may not make a very big dent, the voices certainly nationwide making a very large cry for the banks taking advantage of customers who say they shouldn't have to pay to keep the money in bank accounts. >> they spoke out, julie. i remember they crashed the bank of america website the day it was announced. see you later. thanks, julie. >> sure. >> kelly. >> big night for presidential

candidates will be taking place and the ronald reagan dinner held last night in the state of the first presidential contest in the race, iowa. which two candidates didn't show up and why? >> interesting, new documents in the investigation into that botched federal gun sting. fast and furious, revealing the program had more of a history than was first believed. that story also straight ahead. >> plus, major developments in the european debt crisis, we're watching it closely as leaders of the world's largest economy scramble to find ways it save the euro and possibly the world economy, including our very own. is there anything the administration can do? that's next. [ male announcer ] in blind taste tests, even ragu uss chose prego. prego?! but i've been buying ragu for years. [ thinking ] i wonder what other questionable choices i've made? [ '80s dance music plays ] [ sighs ] [ male announcer ] choose taste. choose prego.

♪ a refrigerator has never been hacked. an online virus has never attacked a corkboard. ♪ give your customers the added feeling of security a printed statement or receipt provides... ...with mail. it's good for your business. ♪ and even better for your customers. ♪ for safe and secure ways to stay connected, visit usps.com/mail

>> some sad news this hour. andy rooney has died. during his career, the curmudgeonly commentator talked about shoe laces to the existence of god. he worked until age 92. more than 30 years as a staple on 60 minutes news show earning four emmy awards along the way and love and admiration of m millions of

adoring fans. >> this is a fox news alert. have you been watching greece and the financial crisis? it's now threatening to create a catastrophic ripple effect on the global economy and here at home. just last night the greek prime minister narrowly survived a confidence vote that brought the government dangerously close to the brink of collapse. president obama and the other g-20 leaders were meeting and now scrambling to save the euro zone from what seems to be the ever expanding threat of default. is there anything to do to keep our economy from going into a tailspin. and jonathan hoenig from capitalist pig.com and the t-shirt to prove it and hadn't had the nerve to wear it, but thank you so much. jonathan great to see you. >> thank you. >> jamie: capitalism versus what's going on.

austerity measures, is greece a preview to come in america. >> i fear if we follow down the path. gr greece is collapsing. it wasn't the speculators or bankers that did it about you the socialist government. look at the scenes, the first world country. the roots are lebanon, but it's happening as a result of that country's debt, their spending so i hope if nothing else our own government learns a lesson if you follow down that same path, our own economy can end up in the same precarious position. >> jamie: devil's advocate if you allow me. is this a good time to invest in greece and eventually resolve everything and there'll be upswing. >> there's been tremendous carnage in our own market and hundred point swings day after day after day and in general have been particularly hard hit. if you've got a long time horizon, or risk capital.

perhaps you could find some opportunities among the greek shipping stocks. i think now more than anything, jamie, investigators and speculators happen to look about diversifying the portfolio away from just greece, just the u.s. and start to look at opportunities that could do well, even if europe continues to go down the same awful trajectory it's now on. >> jonathan it may sound hopeful and optimistic. if you look at greece and italy, does the u.s., as they sat at the g-20 meeting, you know, suddenly the u.s. seems like a pretty good investment. not as bad as what we're seeing, at least not visually. what's the truth? >> that's exactly, jamie what we've seen even the last couple of weeks. suddenly the united states bonds, united states currency starts to look pretty good, compared to what's going on in greece, certainly, in europe and in fact, that's why a lot of the money managers i talked to and work with are looking towards asia, looking towards latin america as alternatives right now. so, actually, it's a big world

and money is extremely mobile and a lot of investors are hanging up on europe and putting money to work in more opportunistic places like even the . >> shout out for the u.s., a good thing. what does the obama administration have to do to either assist greece or work the situation in our favor. >> they should use them as a role model. stop with the bailouts and interventions. think about it, jamie, the previouslies of entitlements that greeks got used to. the health care, entitlement state and schools, et cetera. and that's collapsing. what the president does, learn the lesson what happens when government spending and regulation, when government growth to the point of unsustainability learn that lesson and use had a to put our economy on a stronger footing for 2012 and beyond.

>> what advice do you have for the average investor? the end of the yooer is right around the corner for a lot of people with their retirement accounts and the impact of these scenes that we know are global. what should we do to protect ourselves down the road. how do we make it through this. >> beyond anything else, don't make it all or nothing. when you see the terrible economic fix and scenes out of greece and europe. think with our hearts and not our heads and don't make investing all or none and continue looking toward the long-term as difficult as it can be during tough times and make savings and investing an everyday occurrence not a one time only top of the year type of thing. make it an everyday top of thing. >> watch you and the top tier folks at the fox business network so we can figure it out every day, what a rocky road. great to see you. >> thanks, jamie, thank you. >> jamie: feel better, kelly. >> kelly: anyway, certain earthquakes rocking the heartland of america,

shocking-- >> don't be jealous, it's like a christmas card. and the jury in the trial michael jackson, set to deliberate. what it could mean for dr. conrad murray's fate. >> kelly: a big night for presidential candidates at the ronald reagan dinner. why one candidate is calling out some of his rivals for not showing up. >> there were a couple i wish were here tonight. congratulations. congratulations. congralations. today, the city of charlotte can use verizon technology to inspire binesses to conserve energy and monitor costs. 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.

my dis best absorbedlcium in small continuous amounts. only one calcium supplement does that in one daily dose. citracal slow release... continuously releases calcium plus d for the efficient absorption my body needs. citracal.

>> and welcome back, everybody. it's the bottom of the hour, time for the top of the news. the white house rejecting a subpoena from house republicans regarding the failed solar company, solyndra. the legal counsel saying the request for more documentation on federal money given to the company is driven bipartisan politics. >> jamie: the prime minister

of greece now trying to put together a temporary coalition government to help the country deal with its debt crisis, but an opposition leader is refusing to go along, demanding new elections instead. >> jamie: and the u.s. geological survey reporting three earthquakes rocking oklahoma and struck this morning and the most powerful was magnitude 4.7. >> all right. a friday dinner in iowa capped off a busy week on the road to 2012. front runner mitt romney opting out, along with herman cain, who has had as you know, a tough week fending off sexual harassment claims and only getting busier as cain goes toe to toe in a debate with newt gingrich and that's tonight in one of the rival's back yards. and molly henneberg with the details. >> reporter: hey, kell. and it will be in houston,

rick perry's home state. and what to do about budget busting entitlements and gingrich was one of five candidates who spoke to iowa republicans last night at a party gala in des moines along with rick santorum, michele bachmann, ron paul and rick perry and addressed the likely caucus goers and spoke on international and domestic issues, including various pledges to rein in government spending. mitt romney and herman cain did not attend the dern in iowa both had scheduled economic speeches in washington where they laid out political goals, here is more. >> the change philosophy is peace through strength and clarity. we must clarify who our friends are, clarify who our enemies are and stop giving money to our enemies. >> for each program that we have on the government, i've been looking at them one by one, i'm going to ask this

question, is this program so critical, so essential, that we should borrow money from china to pay for it? >> reporter: and tonight, there's one topic off limits when herman cain and newt gingrich debate according to organizers and that topic is the sexual harassment allegations from the '90s that he's been dealing with this week. kelly. >> kelly: good to hear from you, molly. should be an interesting debate tonight. >> well, police in kansas city reaffirming their commitment to finding out what really happened to baby lisa. this investigation is ongoing. the nearly one-year-old now missing from just over a month. reportedly snatched from her crib in the middle of the nate, days from turning 11 months old. and searches near her kansas city home have come up empty and they have been looking. and now, police are saying they're focusing their attention on tips from the public that have been coming in and adding that there are still no suspects in lisa's

mysterious disappearance. the jury is considering the involuntary manslaughter case against michael jackson's daughter and it's been going on all week and closing arguments ended their first day of deliberations, they didn't reach a verdict. the jury is meeting all day and they did on friday and resume on monday behind closed doors of course. they didn't send any messages, indicating how they're progressing in the case, but, boy, a lot of people are wondering, what could be going on behind those doors in this high profile case. joining me now is the defense attorney and former prosecutor marcellus mcrae, thank you for coming in. >> thank you. >> these trials are all very different and they certainly sat this jury very patiently through a lot of testimony, but there was testimony on the defense side of a doctor who took four days to walk through not only the drugs, but also the doctor's actions, how powerful was that testimony in their decision?

>> the testimony is very powerful. obviously, you know, the central issue is going to be what was the action, what was the actor, that actually caused jackson's death and i think you have a situation where the jury is going to be asked whether there's a false debate or an actual debate. you know, the defense wants you to believe that if jackson actually administered the dosage himself, then he and others are responsible for his death and the prosecution actually won a significant victory with the jury instruction that says that dr. murray can be convicted of involuntary manslaughter based on the natural and forseeable consequences of his actions. >> including keeping the drugs in the room or not having a crash cart if in fact something went wrong, is that enough to make it a crime of manslaughter? >> absolutely. because, the issue and this is what the judge is telling the jury they have to decide is, did dr. murray perform a lawful act in a criminally negligent way which essentially means recklessness

or did he fail to perform a legal duty based upon criminal negligence. you have a situation where you have an anesthetic, which is known to cause depression of breathing, which is known to cause immediate loss of consciousness in a room in someone's home without resuscitating equipment, without monitoring equipment where the patient is left unattended. you can fill if your own blank there and what essentially the prosecution is able to argue, regardless of whether jackson self-administered this propofol or whether dr. murray administered the final lethal dose. both scenarios are natural and forseeable consequences based upon this failure to observe standard and reasonable medical standards. >> jamie: that's interesting. i think that's unique about this case, the negligence or the falling below the standard of care could actually leave him in jail up to four years, a lot of medical mistakes from time to time are made, and

some are corrected and-- i'm most interested as a legal eagle or attorney such as you, i haven't handled these types of cases, the 911 call didn't talk about the drug given to michael jackson, whether it was the fatal dose or not. is that influential on a jury like this? >> extremely influential. let's say the jury decide there's an issue to resolve what proximately or most immediately caused the death. let's take failing to tell the rescue personnel about the administration of propofol, a circumstantial evidence of guilty mind or guilty behavior, if there are any gaps or ambiguity on the behavior, it's that that the jury could use to infer even if it doesn't directly point

to it, i could infer that the person is acting with guilt and failed to call rescue personnel until 20 minutes. and there's a window of opportunity. >> jamie: perhaps. >> perhaps jackson could have been saved. >> jamie: perhaps. >> in terms of failing to do that, there's another issue whether or not that was reasonable conduct. why would you wait that long? and so that shifts to, are you failing to discharge a legal duty, your position, you have a standard of care, you have a duty to take care of the patient. >> jamie: i-- i'm sorry. >> due to criminal negligence. >> jamie: i have to leave it there and those are the issues behind closed doors right now and we could hear a verdict as early as monday. thank you for being with us. >> thank you. >> kelly: just a few weeks ago, you recall the nation celebrated the dedication of the martin luther king, jr. memorial. in today's installment of beyond the dream, reflect the moment two young people who

avow to continue the work of dr. king. the rededication of the martin luther king, jr. memorial in the nation's capital brought scores of people from around the world. to pay tribute to king's legacy. notice speakers including king's own children, popular entertainers. ♪ >> even the president of the united states spoke about consistentlying's contribution to humanity. >> a black preacher, no official rank or title, who somehow gave voice to our deepest dreams and our most lasting ideas. a man who stirred our conscience and helped make our union more perfect. >> kelly: the memorial itself are a place where people can reflect on dr. king's dream of a beloved society. where all people could learn to accept each other for the

content of their character and not reject them for the color of their skin. king believed, out of a mountain of despair, a stone of hope could be hewn. that hope is still transforming lives and is clearly evident in some of the young people i talked to during the dedication. they were not even born when king became a drum magic for justice and peace, but king he is a legacy has stirred a desire in them to challenge people to do better and be better. >> this was just a great day in not only just made me look at things in different ways, it made me a better man. it makes me want to mobilize my society, my people. it makes me want to change how i view things. it makes me want to change the world. i want to be a man that's not -- that changes those statistic, of my african-american president or dropping out. so, i come from the neighborhood where there are crime and so i want to change how people view my neighborhood, view my people,

in society for once. >> it showed me that one man can change the feelings of people. showed me that one man has made all of these people come around everywhere, north carolina, atlanta, savannah to show more -- to make a better difference in the world. it influenced me to see that, it means he can do better in what i can change the world my just saying what i need to say. >> kelly: what do you hope to do to change the world? >> i mean, just change everything, like poverty, taxes, like food, so, just help everybody. >> kelly: like dr. king, these young students have a dream, and share the sentiment of dr. king, who said, darkness cannot drive out darkness, only light can do that. hate cannot drive out hate, only love can do that. we shall overcome because the arc of the moral universe is long, but it bends towards justice. and that day, and meeting those two young students, the

academy at the carson middle school, was quite a moment. it shows there are members of the younger generation dedicated to the ideals of dr. king. >> i'm impressed they were that young and that astute. that's great, kelly, thank you so much. >> kelly: thank you. >> jamie: mercedes benz are turning back the clock from the new f-350 and a car that combines power and luxury all in one package. gary gastelu took it for a spin and check it out in this week's car report. >> many consider is to be the greatest car in the world. the mercedes benz f-class performs opulence and safety like few other sedans and now has things in come on with trucks. >> yep, that's the sweet pitter-patter of a v-6 diesel engine. doesn't get more german than that. >> it marks the return of diesel power to the mercedes flagship for the first time since 1995. >> do you think the american

premium luxury buyer is ready for diesel? >> i think it's more than ready. if you look at our diesel lineup, we have the broadest offering of desells in the lineup and we're confident that the u.s. customer will embrace the fuel efficient car in our s-class. >> even though the engine does make a funny noise under the hood, it's so well isolated, it's disappointing how undieseling the car is. press on the gas, you'll find the diesel torque that makes it appealing to ice road truckers and air suspension. the appeal of this model is simple. 21 miles per gallon city, 31 highway. a few years ago those numbers were impressive for an economy car, let alone a gigantic like the s-class, and better than the hybrid version of the s-class gets and mercedes might have shot themselves in the foot with this.

of course people who can afford a $93,000 car like this probably isn't that priced in when it comes to cost of fuel, that doesn't mean they don't want to save fuel. and with a 24 gallon tank, there's the convenience of being able to drive about 700 miles between fillups. unfortunately, even though it looks like it's big if you have for one, it doesn't come with a bathroom and you're probably going to have to stop, but then again, they make the special undergarments now. gary gastelu, foxnews.com. >> jamie: if you need to learn more about the 2012 mercedes benz 350. lots of cars there that gary checked out go to fox klt d-- fox car report.com. >> kelly: and video of mixed marshal artists taking down. and turns out the kind of gun walking that led to the death of at least one border agent may have a longer history than we first believed. capital one's new cash rewards card

gives you a 50% annual bonus! so you earn 50% more cash. according to research, everybody likes more cash. well, almost everybody... ♪ would you like 50% more cash? no! but it's more money. [ male announcer ] the new capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet? woah! [ giggles ] fiber one. h, forgot jack cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, ts is pretty good. [ male announcer ]alf a day's worth of fiber. fiber one.

>> welcome back. when news of operation fast and furious first broke, it put holes in the gun running sting, but it wasn't until new documents surfaced it happened before. it turns that the gun running that led to the death of one border agent under fast and furious, has actually been going on longer than first thought. william la jeunesse has been covering it from the beginning and joins us from los angeles, hi, william. >> reporter: this 2008 meeting of then u.s. attorney general of michael mukasey and the mexican attorney general follows a failed attempt by u.s. agents at a new technique to stop guns going to mexico. instead of immediately intercepting illegal arms sales, agents paid gun dealers

to help them catch illegal buyers. >> they would follow them from my house to a stash house and guns reloaded into the vehicles and driven across the border. >> one buyer was a known smuggler. this december, 2007 memo explains what went wrong. >> they said that they called the mexican authorities ahead of time and alerted them, he's coming, get ready and they'd watch him go across the hill and there was no one on the other side. >> that is part of the debate over the obama administration fast and furious. congressman elijah cummings, the house oversight committee asked chairman darin issa for a hearing with mukasey to deal the operation. details surfaced in the 2007 briefing paper that asked mukasey to persuade mexico to provide corruption-free cops to assist u.s. in stopping gun trafficking. >> the u.s. told mexico what

was happening and fewer made it over the border. >> and the suggestion to stop this practice under bush and it provides a political weapon to undermile per hour republican investigation of fast and furious. in los angeles, william la jeunesse, fox news. >> kelly: can a glass of red wine a day keep the doctor away? depends who you ask. two conflicting reports this week. one saying that red wine could help men drop a few pounds and the other warning, women, it could increase the risk of cancer. a member of the fox medical a-team sorts it all out for us next. when you have diabetes... your doctor will say get smart about your weight. i tried weight loss plans...

but their shakes aren't always made for people with diabetes. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have 6 grams of sugars. with 15 grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes.

>> welcome back. two conflicting report this week about red wine. on the positive. small amounts of red wine may actually help lower your risk of heart disease and the key ingredient in the wine can improve metabolism in obese men. a separate study warning women

about the dangers of alcohol, stating even small amounts can increase the risk of breast cancer. here to help us sort it out, a member of our fox news medical a-team you've seen him before and he's the chief of division of robotics and new york's mount sinai hospital. >> how are you doing? >> i'm doing great. a lot of people are hearing the report. do i drink the wine or not? the report, i like a glass of red wine and in fact my doctor used to advise me to have a glass a day because it was good for medicinal purposes. >> i love red wine, also, and i think what we've done extensive coverage of this in the past. what's important about red wine and the color of red actually comes from resperitol in the skin of the grape and in the past it shows that a large amount can actually reduce diabetes, can reduce blood pressure, it can reduce fat in liver and secret to

longevity. and most of the studies like i said, in mice, we don't have extensive reports in humans and probably a secret pill that will add to our life, that has to be done. the key ingredient of this is something called that does-- basically makes your body into a lower calorie type of environment. so, you know, hungry life is probably longer life. so, the key message is when we talk about exercising and cutting down on the portions, all of that stuff. >> kelly: sure. >> this is almost like going parallel with that and can help the vitamin to take. how much of it, how many pills, we don't have the answers yet and need more studies, so it is, and i would say probably three glasses a day-- i'm sorry, three glasses not a day (laughter) >> three glasses a week. >> kelly: a week okay. >> in a week would be helpful, not a day, that's too much.

>> jamie: that one, doc. >> kelly: and this certain report about how it can impact women and perhaps expose them to breast cancer, that's not-- >> i would not scare women out there. the lifetime risk of getting breast cancer is about 10% and with this, alcohol it bumps it up to 15% so it's a marginal increase in the risk of breast cancer. most of these studies are not as accurate as you would think. i would not be scared of drinking three glasses, as a casual, social, moderate type of amount, it's actually healthy. and the advantage of, as we've mentioned the advantage of red wine, it gives you that cardiovascular benefit. so, where do you stand with the slight risk of breast cancer versus you know, the cardiovascular benefits? i would say three glasses of red wine, three to six a week is perfectly fine. i wouldn't worry about it. now, large doses of red wine shown it causes increases in breast cancer so you have to be really careful, make sure

you see your doctor and check your liver function test and anything in moderation we're always for it and that's the big-- >> jamie is okay then, she can have a glass of wine three-- >> and she loves tequila. >> jamie: stop, i don't drink, seriously, i don't drink, but i'm just saying, it's good to know there there are some health benefits who do moderation, folks. no moderation with being with us, we love it when you're here. thank you for joining us, i'm jamie colby. >> kelly: i'm kelly wright and thanks for joining us. the journal editorial report, until then, make sure you have a great day. >> jamie: take care, everybody. everybody. >> . >> jamie: tonight, out of order. >> did a judge take disciplining his daughter too far? you decide. then a bieber baby, why a paternity test could rattle the pop star. won't miss a minute.

it's justin with judge jeanine. to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink