shouting distance was 200 years ago. you see it streaking through the sky maybe, maybe not. i'm not going to worry about it. are you? martha: i think it sounds like we'll be okay. if it gets closer we'll have a problem. maybe we'll see something pretty on the sky. we'll see you tomorrow. thanks for being here, everybody. have a good day. jon: this jobs fuse alert now. we're awaiting a -- fox news alert. we're awaiting are press conference on bombshell scandal of the child abuse at the penn state university. former coach jerry sandusky arrest over the weekend. arrested for multiple counts of child abuse. san does ski says he is innocent of all charges. the school's athletic director, tim curley faces arraignment today after prosecutors say he lied to a grand jury for covering up the matter. same goes for the school's vice president for finance.

gary schultz. both maintained their innocence but agreed to resign. legendary penn state football coach, joe paterno issued this statement. he called the charges shocking. saying he grieves for the victims and their families. we'll get a live report from harris berg on this developing story -- harrisburg a little later in the hour. good morning to you on this monday. some major developments on the economic front. hello, i'm jon scott. >> a lot of news to get to today. great to be with you john. i'm jenna lee. fallout over the financial crisis overseas amidst fears of the new debt troubles. but you can see the markets are keeping a close eye on the action. down about 47 points. 45 points on the dow, jon. jon: in the meantime greece is still the scene of violent protests crippling strikes and now political turmoil. as that country works to pick the head of a new

interim government, one that can push through some kind of massive financial rescue deal which would prevent the country's implement bankruptcy. jenna: that is the story all along. for months now. for more than a year. meantime a worsening debt crisis is gripping a another country, italy. the cost of borrowing spiking to the highest level since it tally joined the euro. we have some reports that the premier there, silvio berlusconi will resign. we get only reports. the idea might be that he could resign so a new government can push through economic reforms much like we're seeing in greece, jon. still no confirmation. jon: keeping eye on all of this is our greg burke. he is live for us right now from rome. greg? >> reporter: hi, jon, that's right. well, it's not over yet in greece but certainly the attention is shifting toward italy. it is a much bigger country. italy's problems potentially much worse for all of europe and for all the global economy.

the number one difficulty for italy right now is skyrocketing rate for borrowing money. it is getting dangerous close to that point which a country has to ask for help. that is for a bailout. that borrowing no longer makes sense. italy is the eurozone's third largest economy. it doesn't want to be put in the same situation as those weak links, greece, ireland and portugal which alled that to ask for bailouts. the man on the hot seat, silvio berlusconi is under a lot of pressure to resign. he has been in power for three-and-a-half nears. he could be gone in 3 1/2 hours, 3 1/2 days, we'll see. could be sometime between those. you never know with berlusconi as he tries to win back party members who jumped ship. there will be a big test in a vote in parliament tomorrow. jon, markets went you up today when it looked like berlusconi was resigning that is probably just

momentarily. whoever comes in will have the same challenges he has which are big rerecalls to. we'll see what actually happens with berlusconi is out or when things go boom. jon? jon: still have the onga-bonga that is couple, i think. anyway. greg burke. thanks. jenna: from one country's politics to our own now. with the first primaries just weeks away, a new poll showing gop presidential candidate mitt romney has one key advantage over his rivals, that and there is electability. according to "washington post/abc news poll". one-third of republicans and independents says he has the best chance to beat president obama in 201. herman cain is second with 1/5 saying he would be the party's strongest candidate.

is electability enough to push romney to the nomination? chris stirewalt joins me now. thinking about the electability, bringing it back home here. if there was popularity contest amongst the guys at fox i might consider you the most electable but, that doesn't necessarily mean i want you to run the place, you know what i mean, chris? let's talk a little bit about this word electability. is it enough? >> here's the problem, and i thank you for that half compliment i should say. but the problem with electability is, that it often times doesn't go hand in hand with enthusiasm. often times republicans or democrats think the person who is the most electable is the person who is most moderate, furtherest away from their base. in romney's case what republicans think that makes mitt romney electable is the fact that he is is not as conservative as some of the folks who are running and he will do better appealing to the folks in the middle. it is hard to combine electability with enthusiasm for the very reason that

makes him electable may make conservative base voters feel like he is not true to their cause. jenna: does enthusiasm change depending what election year you're in, chris? for example, we look at enthusiasm, we can look at 2008. the now president had a lot of enthusiasm from multiple sides for his presidential reign. what about 2012? is enthusiasm as important as, let's say empathy or honesty or some of the other things that someone could bring to the nomination? >> well, certainly we're hearing reports that the president, we're seeing in person and hearing reports that president obama doesn't have the same pep in his step he did in 2008. and that reflects in the enthusiasm of voters. if he is not up for the site and doesn't seem to be enjoying it is harder for them to get there but the point about enthusiasm is this. if president obama looks beatable to republicans, they're going to be less likely to settle for a more moderate nominee. they will want somebody who

is their kind of person that has been michele bachmann's argument all along. they may not pick her. if president obama looks beatable they will go that way. this looks good for romney. tougher obama looks to beat the likelihood the republicans will value electability over ideology. >> discussion of lech ability and over are they taking cues from the president at this point and how he looks to the public rather than candidates in the republican party? >> if this election is referendum over barack obama how electable he is. how much he looks in trouble will have a lot to say who republicans pick and what chances they're willing to take on a challenger. jenna: the ever-popular chris stirewalt. thank you very much. you have your own show to go to. get your politics fix at the bottom of the hour with chris. he is hosting "power play" on foxnews.com. click on the live link on our homepage. thank you, chris. jon: and this fox news alert

for you now. lots of nervous folks in oklahoma are picking up the pieces after getting lock rocked by a series of earthquakes. a powerful 5.6 magnitude quake hit saturday night, 45 miles from oklahoma city but felt across wide swaths of the state. it is the strongest earthquake in state history. it follow ad smaller tremor, 4.7, that shook nearby prague. destroying several homes and buildings. rick leventhal has more on that. rick? >> reporter: jon seems fortunate there weren't significant injuries as a result of this earthquake especially considering 60,000 fans were filing out of the football stadium at oklahoma state when the shaking started. the damage included a tower that collapsed on another campus. part of the administration building at st. gregory's building. one home badly damaged by a chimney that crashed through the roof. a stretch of u.s. highway crumbled. 62 between oklahoma city and

arkansas state line. homeowners reporting minor stuff like cookie jars and pictures crashing to the floor. pictures falling off walls. some say the trembling went on for a full minute. >> it started rumbling and we were hanging onto the dresser because we felt like we were going to fall. and, it was a long one. it just went on and on and on and i kept thinking this is going to be over. >> reporter: the 5.6 earthquake was centered near sparks, oklahoma, but was felt in several neighboring states including arkansas and texas. here is how tv anchor ed murray reported the news as his studio started rocking saturday night. >> earthquake right now. our lights are shaking. it is calming down as another earthquake has just hit. i still hear a few lights rattling here in our studio. and we will, if you can see our this back behind us is still shaking. here in oklahoma city.

>> reporter: no shaking in studio n right now, jon. oklahoma used to get 50 minor earthquakes last year. last year the state hit more than 1,000 times by earthquakes mostly minor. jon: this is the biggest one in history, right? >> reporter: the largest ever. jon: rick left shawl, wow! thank you. jenna: californians know a little something about earthquakes. jon: you felt a few i'm sure. jenna: 5.6 is, that is way i would put that. i will talk to a seismologist out of oklahoma a little later on about that. meanwhile back in california they're getting their own blast of winter weather including snow and freezing temperatures in some places. we have the chilly details on that and how long it will last for all of our west coasters out there. jon: speaking of chilly, house speaker john boehner describing his relationship with the president in very similar terms. what that could mean for the important issues facing the country right now. take a listen. >> the president and i have a pretty good relationship. you know, it's been a little

frosty here the last few weeks but we've got a pretty good relationship. jenna: a little frosty, huh? jon: i thought they were going sking. jenna: from the video, right? fox superstar justin bieber fighting against claims he foster ad child last year. will there be a paternity test? his next steps on the legal stage. we'll have those just ahead.

jenna: welcome back, everyone. another early season snowstorm and this time on the west coast. people are happy about it out there. southern california's first ski resort opened for business over the weekend. the early season storm left four to six inches of new snow at wrightwood. let's ask the birthday boy if four to six inches enough to ski on, jon scott? jon: you hit a few rocks. throw on rock skis it is all good. jenna: happy birthday by the way. we didn't get that at the

top of the show. seeing snow makes you happy. an early gift for you. >> yes it does. talk about politics too today, house speaker john boehner hitting the sunday talk show circuit over the weekend, weighing in on his current relationship with the commander-in-chief saying things aren't perfect but they are managing. take a listen. >> we've got a pretty good relationship doesn't mean we always agree but the american people expect, even though we have very different ideas, the american people want us to look for common ground and then act on it. so far we've been able to do that. we've taken some steps in the right direction here over the last couple of months. we got a lot more to take together. jon: here now, the associate editor of "the hill", ab stoddard. he just said we've taken a couple of positive steps over the past couple months. can you name one? >> yes. i can tell you that they have kept the government open. jon: okay. >> in april when it nearly shut down. jon: that is progress. >> that caused the speaker a

lot of heat with conservatives. then this summer as you know they brought the government to the brink of default. then cobbled together a deal that punted on the tough decisions, created a super-committee. we're now two weeks away from that deadline. doesn't look like that is going anywhere either. so it's not a relationship that yields a lot of fruit for voters. jon: every time i hear the president speak he is generally blaming republicans and he often calls out the speaker by name. he did that at an event in front of that bridge in ohio talking about trying to spend more money on infrastructure and so forth. that was basically in the congressman's distribute. >> well, to begin with, it is true that john boehner, the house speaker, is a straight-shooter and that is, that makes him easy to sit across from at the negotiating table. he is a calm person. he is not angry. he is not abusive. he is not erratic. he is very, very easy negotiator.

it is just what happens when you leave the negotiating table and what's happened in april and then again in july with the house speaker, and the president, sat down to come together to an agreement in the case of keeping the government open in april. there was a big backlash against the speaker from house conservative republicans who didn't like the deal that he struck with the president. then again you saw this july a grand bargain fall apart after president obama said he was left at the altar by speaker boehner. it is now too late for any hope of negotiations like that again. we're in an election season. they have pretty much given up on each other. they are hoping the super-committee can come up with any progress that is possible. jon: talking about the super-committee, congressman mike simpson was on "fox news sunday" over the weekend talking about what he would like to see come out of all this. i will play some of that for you. get your reaction on the other side. >> the reality you can't get to $4 trillion without

including additional revenues. we might have different ideas what the revenues look like. i think you get additional revenues lowering tax rates and eliminating exemptions. you i think you have economic boom in this country and revenue would come into the federal government. more revenue is key to this. jon: nobody wants to talk about tax increases, even a republican there who apparently is in favor of more revenues. doesn't want to refer to it as tax increases. i guess if you get more business, more economic activity, you get some more tax revenues, right? >> right. well, because of our economic condition we have lost a huge stream of revenue. it is down from 18%, down to 14. we need to get that back up as well as the fact we need to get spending down. that has gone from 19% of gdp up into the 20s, 25%. this has to be a balance and both ends. congratulations to congressman simpson being willing to break the pledge he signed to not vote for

any new net tax increases. he is one of 100 bipartisan group of members of congress on the house side willing to come together and ask for a big savings of 4 trillion or more from the super-committee. they want to go big. want it balanced between spending cuts and revenue increases the problem is there are still too many republicans on the house side who are not going to vote for a new net tax increase as well as 33 republican senators on the senate side. as much as you see this bipartisan sort of groundswell at this point there are still, if you do the math, enough people saying no, that we don't look like we have a deal two weeks away from the deadline. >> just to point to the numbers, as you yourself said, government spending gone way up from less than 20% to 25% of the gdp. that's part of where they're opposing tax increases. they say the answer is in reducing spending. we have to say good-bye. thank you very much. >> happy birthday. jon: thank you. jenna: just in time for your birthday, jon. the lohan lockup didn't last long. jon: oh.

jenna: here you go. why the troubled actress had such a short stint behind bars for a probation violation. no word she got out because it is jon's birthday and he needed to talk about and this is his favorite story of all time. jon: lindsey. jenna: what is next for lindsey coming up. on serious note, brand new developments in the child sex abuse scandal rocking penn state university. the school's former football defensive coordinator arrested. today new court action in a shocking case. we are live with that story next.

jenna: we have break being news on this threat from iran. we're awaiting new report from u.n. atomic watchdog agency. it is expected to show that iran has mastered technology

needed to build a nuclear weapon. how close they are to that is completely another question. we'll get into that in just a moment. this all comes as evidence mounts that the west is engaged in a shadow war with tehran. patrick clawson, director of research at the washington institute for near east policy and expert on the region. patrick, starting off generally why have these reports at all? what makes them significant? >> iran is evidently getting close to have a pretty sophisticated kind of nuclear weapon which fits well on a missile warhead. we thought for some time that iran has been working on nuclear weapon technology, but this sophisticated kind, what is called an implosion device, would put iran much closer to having something that will fit on a missile. jenna: is that a game changer? >> well it is not good news. this, every day we get a little bit more evidence that iran's getting closer to a nuclear weapon and the

question comes at what point are we too nervous about this to just keep on with our shadow war and need to have a more active war? jenna: what is that shadow war? what's happening behind the scenes that maybe we don't realize on a daily basis? >> there is probably going to be another computer virus. 2.0. there has been dee dee tech shuns. problem nant nuclear scientist showed up in washington and really stupid move on his part to return. assassinations of by israelis of key nuclear scientists in iran. there has been a lot of sabotage. there has been acknowledgement by the u.s. government it has been involved in sabotaging equipment. plus there is a lot of effort to stop iran from getting key components that it needs for the nuclear program. jenna: it sound fascinating to hear that. are we winning the shadow war? is the united states victorious in it or not? >> well iran's been at this

nuclear weapons business now for 23 years and hasn't gotten there. that would suggest --. jenna: patrick, sorry to interrupt. 23 years here we are waiting for another report from the u.n. nuclear watchdog agency. you mentioned tippingpoint we get a little nervous everything gets a little too close for comfort. are we close to that point now and if we are, what is the policy given this report or not? >> the question can we step up our shadow war? and can we slow iran's nuclear clock at the same time that we speed up their democracy clock? none of us would have expected the qaddafi would be overthrown so quickly. let's hope the people of iran would be able to overthrow this islamic republic which they clearly don't like. jenna: russia and china issued a statement to the "new york times" and they are coming out, they don't want this report to come out, bottom line. what they say this type of report will drive iran into a corner. russia and china, obviously

patrick do business with iran in different ways. do you buy that? do you think type of report is actually counterproductive to a more aggressive policy stance on the united states? or do you think what russia and china are say something more politically motivated? >> the job of technical experts like this u.n. agency, the international atomic energy agency to tell like it is. it is not their job to set policy it is their job to tell us what is going on. they have respected scientists who are quite good ferreting out information. they should just lay out the facts and we have to decide what to do about them. jenna: whether or not iran feels it is in a corner that is up to iran to react, sounds like what you're saying? >> well, exactly the u.n. experts ought to tell us what's going on. then we have to decide how to handle the iranian reaction. >> we'll be talking a lot more about this throughout the week. patrick, nice to have you back on with us again. >> thank you. jon: right now we are awaiting a major news conference on a child sex

abuse scandal at penn state university. the school's former defensive football coordinator, jerry sandusky, arrested over the weekend. he is now charged with multiple counts of child sexual abuse. meanwhile two other school administrators face arraignment today. they are charged with lying to a grand jury as part of an attempt to cover up the scandal. david lee miller is live outside the courthouse in harrisburg, pennsylvania. he has the very latest. more arrests today, david. what's going on? >> reporter: that's right, jon. the tentacles of this scandal continue to spread. in a little more than two hours time in the building behind me, a courthouse here in dawson county, pennsylvania, we expect two administrators with penn state will be around. they are 57-year-old tim curley. the athletic director of the school. gary schultz the interim vice president of finance and business. both of them said that they were going to step down from their positions in order to

pursue their defense. as you mentioned, jon, they are charged with among other things, perjury. it is alleged they lied to a grand jury that was investigating charges of sexual abuse by the former offensive coordinator, jerry sandusky. now it is also alleged that these two men failed to report, that sexual abuse was taking place. it is alleged by the grand jury that it was brought to their attention that sexual abuse was taking place but that neither of these two administrators decided to alert the authorities. according to the grand jury report, they thought what was taking place was, quoting the court documents now, nothing more than horsing around. that they didn't, and i quote again, take the allegations seriously. lastly and very quickly the head coach, joe paterno, in no way implicated. he is not charged with any wrongdoing here. in fact quite to the contrary, the prosecutorses the authorities said he was

extremely helpful in the investigation. and he issued a statement over the weekend that said, quote, speaking about the allegations, if true and nature amount of charges made are very shocking to me and all penn staters, i did what i was supposed to do with the one charge brought to my attention like anyone else involved. i can't help but be deeply saddened that these matters are alleged to have occurred. and as for sandusky, he is facing as much as life behind bars. the other two defendants waiting to be arraigned on perjury. that second charge could get as much seven years behind bars apiece if convicted. jon. jon: unbelievable charges in a place they often call happy valley. just reprehensible stuff. david lee miller. thank you. jenna: we'll turn back to the economy now. are you furious over fees? thousands of angry consumers looking to ditch their wages for credit unions but just how much of an impact did the bank transfer day, that movement, really have? liz macdonald from fox

business is here to break that down. also the deadly violence in the war on the mexican drug cartels crosses the border on to american soil. one senator says texas is becoming a safe haven for these criminals. we're going to ask the state's attorney general about what's next and what he wants from the president just ahead. [siren]

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jenna: probably seen video like this. brutal violence at the hands of mexican drug cartels. now that violence is happening inside the united states in south texas. in fact senator john cornyn of texas says that the gangs are using his state as a safe haven from their own internal violence. in hidalgo county, by the way a sheriff's deputy was stopped three times after pulling over a car containing a person kidnapped by the cartel. a bulletproof vest saved that deputy's life. partly lucky he survived this over the past two weeks, three accused leaders of the gulf cartel have been arrested in texas. texas attorney general greg abbott says the arrests show that the obama administration is not doing enough to secure the border. attorney general abbott, react to what senator cornyn is saying though. that texas is a safe haven now for the bad guys in mexico? they're coming into

texas to be safer? >> jenna, you're exactly right. and senator cornyn is exactly right. we've seen multiple occasions where leaders of the gulf cartel as well as some of the other cartels are actually moving into locations in texas. could be in brownsvillle. could be in corpus christi. could be the el paso area. they're moving here because they think they will be safer here by living here they will be able to escape the possibility of being killed by the cartels over in mexico. but there is a second way in which the cartels are moving into the state of texas and that is, we had, we being the state of texas, had a report provided by two retired generals who have said that the border counties along the texas-mexico border are being used as a staging ground area for the cartels. so the cartels move into all the border-related counties and use that to stage the further distribution of drugs across texas and across the united states.

jenna: scary to hear that we of course also, think about states responsibility and state rights and that is something we talk about a lot on this program as well. why do you need the federal government to get involved? why write the president at this time at this moment? you've been attorney general since 2002. why now are you appealing to the president on this issue? >> well, this is actually my second appeal to the president. my first was a year ago when bullets came flying across the border from juarez and struck the city hall of el paso. i pointed out at that time that, basically we got lucky because the bullets struck buildings as opposed to bodies. and the next time american blood could be lost. this time i september the letter, american blood was lost by a deputy sheriff in hidalgo county. hear is the greater point we're trying to make, jenna. that is the state of texas is stepping up to try to aggressively respond to dangers on the border. we devoted $400 million dal

we have ranger recon team, deals with the texas rangers, texas department of the public safety working in collaboration with texas officials. what we found we're outmanned. we're outgunned. more resources and personal by the cartels operating in the state of texas than we have law enforcement to deal with it. we're pleading with the united states government to step up to the first, foremost fundamental responseant and that is to protect the people of this country, especially along the border where the greatest danger is infinking upon their liberty. >> do you want money? do you want people? what specifically do you want? >> we want several things. we found the most effective tool is boots on the ground. we need more boots on the ground. texas has a 1250 mile border with mexico. one person per mile that would be extra 150 people. two, we need --. jenna: go ahead. >> go ahead. we need boots on the ground. we need financial resources to put more boots on the

ground in the state of texas and we need more and greater access to technology tools that help us detect illegal entry into the state of texas. jenna: sorry to interrupt you. i didn't mean to interrupt the list, attorney general. that is something important we need to hear about. as of this airing we reached out to the administration for a response to your letter. we have not received it. i understand you still have not received a to that letter? >> haven't heard any response to it. more important to the response to my letter, response to the people of state of texas and america for the federal government to provide resources we need to keep americans safe. jenna: there is no easy way for me to ask this final question, sir. because we're obviously in the campaign season, rick perry is potentially the republican nominee for president. is there any political motivation to you pressing the administration? you're sounding a lot obviously like rick perry when he gets up to talk about the border and what he needs from the federal government. >> the motivation was fact my prediction came true. if the obama administration

did not step up and provided resources i demanded a year ago there would be american blood lost. i raised this issue. one week ago a sheriff's deputy was shot. we have other incidents occurred in the last week alone. there was kidnapping of an american the cartels try to take from the u.s. to mexico. we saw another situation where a border patrol agent shot and killed a immigrant smuggler who had six immigrants with him. we've seen explosion of this problem. we've seen a deaf ear turned to the state of texas by the obama administration. this is all about the safety and security of our fellow americans and failure by the washington, d.c. and the obama administration to live up to its foremost duty which is to protect his fellow americans. jenna: we love to have you back on when you get a response to your letter. we appreciate the time today. attorney general abbott. >> thank you, jenna. jenna: thank you very much. jon: so where is your money right now? has it moved lately? consumers upset about bank

fees are urging their fellow americans to ditch their commercial banks. bank transfer day. people around the country were supposed to abandon big banks and deposit money in credit unions. but that flood of customers may turn out to be not much more than a trickle. liz macdonald from the fox business network joins us now. just a little tiny number of customers, elizabeth? >> yeah, that's right, jon. we're tracking numbers about. trying to get a read how many customers actually transferred their bank accounts away from the big banks into the credit unions. still waiting on that data. we know more than 80,000 people signed up in support of the, basically the bank transfer day over the past weekend. it is still unclear how many. but what we're actually seeing, jon, there was more of a reaction when bank of america actually hiked the fee. that is when customers actually ditched banks in favor of other banks. secondly really hard to launch a protest movement against banks, jon, on a day when banks are chosed closed

as they are on saturday and many open only till noon to or 1:00. that may have held up the movement. jon: credit unions are owned by people who put deposits in credit unions? >> that's right. loan fees are cheaper. hear is the issue, bank of america already ditch of the its debit card fee in the reaction to outrage trying to hike or put a debit card fee on. jpmorgan chase has already done that as well. they will not charge debit card fees. so has citigroup decided not to do so. wells fargo and u.s. bancorp, suntrust. a number of other banks are not going to charge debit card fees in reaction to customer outrage. jon: but they will collect the money somewhere else. >> that's right. jon: liz macdonald, thanks. >> sure, delighted. >> we are awaiting a major news conference on a child sex abuse scandal rocking penn state university tivo very moment. the school's former football defensive coordinator arrested over the weaken and

charged with multiple counts of child abuse. he maintains his innocence. our legal panel weighs in just ahead on that. troubled actress, lindsay lohan free again. did you know that she went to prison overnight? why her recent jail term lasted just a few hours. ♪ .

jenna: some developing stories we're keeping an eye on here in the newsroom and from our control room as well. we have some new amateur video supposedly showing clashes in greece with forces loyal to the president there and those who want him out of office. according to the reports that we have, at least 3,000 people have died in the seven-month-old anti-government uprising in syria. we'll keep you posted on that. in the meantime five

people arrested earlier this morning in atlanta as part of the occupy atlanta movement. it come as day after 20 protesters were arrested by police in riot gear after a rally spilled out into the streets. the mayor is very clear there. he doesn't want them out there. jury deliberations resume in the manslaughter trial of dr. conrad murray. the jury spent seven hours deliberating friday and they just got back to work moments ago. jon: don't do the crime if you can't do the time. all four hours of it. even if you're a hollywood star, if you violate your probation you go to jail, sort of. patti ann browne has the latest on the lindsay lohan saga. >> reporter: hello, jon. this doesn't seem to have to do with her celebrity status at this time. troubled actress lindsay lohan has been sentenced to jail five times. she has serve ad total of less than a week. last wednesday she was sentenced to 30-days in jail for violating her probation. she arrived at woman's lockup last night. she was released less than

five hours later. why? the jail is overcrowded. she is still on the hook for community service. part of that was to be carried out at a woman's shelter. that shelter booted her saying she is not a good role model for women. that led the judge to post-a 30-day jail sentence. her remaining community service will be at county morgue. she has done some service there, mopping floors, cleaning bathrooms and washes sheets. she is to undergo psychotherapy and needs permission to travel outside of california. the star of the movie "mean girls" was arrested twice for drunk driving in 2007. she has been back in court on multiple occasions court ords stemming from those arrests. lohan has served only 1/5 of the jail time she has been sentenced to, totalling six days, jon earns wow, what punishment. thank you, patti anne brown. jenna: scented candles and air freshener going in your office.

jon: whole desk is covered with them. jenna: like a wild flower in the fields something like that. did you know those pleasant smells may come with a health risk. jon: oh. jenna: pretty shocking report we thought we would share with everybody. this is the season. everybody will be burning candles. jon: i will get the candle snuffer. jenna: we have a doc coming in to tell us about that. >>. >> justin bieber is going on the offensive. the teen star says he will take a paternity test to prove he didn't father the child. he is uping ante on accuser threatening a lawsuit of his own. our legal panel weighs in on the fight ahead for the beeb. ♪ .

jon: he is a teenage sensation, pop icon, justin bieber. and now he reportedly has agreed to take a paternity test. this after denying claims that he fathered a child with a fan last year. "tmz" is now reporting the singer will take a dna test in two weeks when he returns from an overseas trip. and, that he will then turn around and file a lawsuit against his accuser because he is positive the test will be negative. this is 20-year-old mariah yater. -- yeater. she claims she had sex with the beebs, after one of his concerts and the child resulted from that supposed union. joining as you former prosecutor and defense attorney. criminal defense attorney joey jackson joins us as well. marla, this paternity test, this is not being compelled by the state, right? this is something that he supposedly has volunteered to do?

>> yes. that's what it appears. however, in a paternity action a judge has the discretion to order a paternity test. so if it's not court ordered at this time it potentially could be later on. jon: joey, if he is volunteering to take a paternity test that would suggest he is pretty confident the baby ain't his? >> it certainly does, jon. will the real baby's father please stand up. something is amiss about the case in general. first of all we know this woman apparently accused her former boyfriend, went to his house in las vegas, trashed his window, made threatening phone calls. said it wasn't me. she blamed her lover for it. now she is blaming justin bieber because she tenanted the october 26th concert. the baby born july 6th. nine months you do the math. put the case to bed. take the paternity test. dna tests very effective and conclusive staring paternity. the case will be closed if in fact he is not the

father. >> what about the potential consequences to her if in fact he is not the father, marla? >> well, the potential consequence will be just a formality. she can file a civil lawsuit but she doesn't have damages he can collect. nor does justin bieber need damages. he is successful pop star worth millions of dollars. what he wants to send a message to any potential further women that make this type of allegation against hi >> i would agree with that, jon. he made $53 million last year. certainly him filing an action is not for the money but more for reputation. as he stated already, when you're a person of his stature you of course could become a target and you are a target but as he mentioned he is not going to be anyone's victim. so i think it would be wise for him to file such a lawsuit just to serve as a deterrent in the future to show you can't do this to anyone, much less a person who has fortune and fame like he does. jon: more than that, marla. he has kind of a

squeaky-clean image. he has female fans who are much younger, 10, 11, 12, age. they don't want to be thinking, that this heartthrob of theirs who is poster is on the wall has been, you know, knocking up girls backstage? if you want to call her that? >> yes. true believers will not believe it. they don't want to believe it this is the a clear case of allegations. they go to the web sites. they go to facebook. they go to twitter. they're anti-anti-, miss yeater. she exposes potentially criminal charges, civil charges but now the beliebers are after her. jon: she ought to thank the folks who took that mug shot. i've seen other pictures of her, and this mug shot makes those pictures --. jenna: you're so critical, jonners i'm just saying. i'm just saying. i think you can only see one nose piercing in the mug shot. that's all i can say. >> she is pretty graphic though as far as what she describes. she saying took him 30 seconds.

they were backstage in a bathroom. jon: got graphics all over her skin. got to leave it there. marla, joey, we'll talk after the paternity test. >> yes indeed. jon: we'll be right back.

jenna: we have two headlines, n is going to be chatting with you guys on the computer. two headlines to be talking about this hour. "happening now" at foxnews.com you can email us. you have the first republican primary nine weeks away, which is nothing. the second headline, it's jon scott's birthday to you. happy birthday. jon: thank you very much. i appreciate it. republican voters are looking at who is most likely to beat president obama. the latest poll, mitt romney thought to be the most electable candidate according to that poll followed by herman cain.

joining us now bret baier the anchor of special report. jenna was asking this question last hour. elect built, what does it mean? >> reporter: that is a great question, jon it depends on who you ask and what the criteria are and the different polls. elect twho will beat president obama in the general election. there are a numbr of things this the poll that are interesting, the new washington post abc poll. 7 in 10 people are saying that republicans hear that it was more important to support a candidate that shares their views on the issue rather than one who is considered most likely to win next november. now that does not bode well, despite the best chance to defeat president obama, mitt romney has a clear lead. the one factor on this is that people in this poll, 70% of them

say it's more important for that person to side with their beliefs on issues. and that's rile the dichotomy that we are seeing in a lot of states is that the conservatives are saying, maybe mitt romney is not the guy that lines up closely with me, but he is the first or second choice with four in ten in this poll. jon: after we see the iowa caucus, and the new hampshire primary and south carolina primary, things are likely to change, some candidates are likely to drop out on the lower end of the spectrum and their support has to go somewhere. >> reporter: exactly. that is basically the romney strategy. we've been talking about this for months on end. last man standing. if he can't seal the deal with conservatives within the gop early on, he has the money, and the standing power to either come in first or second in a number of different states, and then at the end hold enough

delegates to win the nomination. that is the plan. however, if he competes in iowa, and wins the iowa caucuses, that could be a lot quicker, as far as their plan for the nomination. jon: we happen to have newt gingrich up on the screen there as you were finishing up that thought. newt is one of those who has been on a slow, steady climb, and he often points out that the frontrunner is at this point four years ago did not finish in the top two or three once primary season was over. >> reporter: that's right. and it's important to remember that, because remember frontrunners, rudy guiliani and frien fred thompson were roughly in the same spot where they were leading the polls. a lot can happen in a short time. newt gingrich has been his polls increase. he will be be on center seat on special report taking questions from the panel tomorrow night, tuesday. he is seen by many, even in this

poll, as the conservative standard bearer. he and cain take a lot of the percentage of folks who believe that they side more with where republicans are as in philosophy. and the question is whether he can ride that not only organizationally but money wise to take him deep into this contest. there is a path, especially if herman cain starts to drop off and we'll see if that happens in the next couple of days. jon: the president will make some remarks in a couple of minutes trying to put veterans back to work. let's take the shot from the rose garden. there is the president emerging. this is a speech about trying to get veterans back to work especially. it's certainly something we all old dear. the question is, how do we accomplish it. here are the president's thoughts. >> this week we commemorate

veteran's day we honor the service and sacrifice of all who have worn the uniform of the united states of america with honor and distinction, and above all we commit ourselves to serving them as well as they have served us. that's why we are here today. today is 9/11 generation of veterans has already earned a special place in our history over a difficult decade they've performed heroically in some of the world's most dangerous places. they've done everything that we've asked of them. and i'm honored to have some of these extraordinary americans here at the white house with us this morning. i'm also proud to be joined by some of america's leading veteran's services organizations. the american legion, veterans of foreign wars, disabled american veterans, and iraq and afghanistan veterans are america, as well as members of congress who have historically been extraordinarily supportive of our veterans. and we are here today to try to

take some steps to better serve today's veterans in a rough economy. over the past decade nearly 3 million service members have transitioned back to civilian life, joining the millions who have served through the decades. and as we end the war in iraq and we wind down the war in afghanistan, over a million more will join them over the next five years. just think about the skills these veterans have acquired, often at a very young age. think about the leadership that they've learned, the cutting-edge technologies that they've mastered. their ability to adapt to changing and unpredictable circumstances you just can't get from a classroom. think about how many have led others through life and death missions by the time they are 25 or 26 years old. this is exactly the kind of leadership and responsibility that every american business should be competing to attract. this is the kind of talent we

need to compete for the jobs in industries of the few. these are the kinds of americans that every company should want to hire. and yet, while our economy has added more than 350,000 private sector jobs just over the past three months, more than 850,000 veterans remain unemployed. too many can't find a job worthy of their tremendous talents. too many military spouses have a hard time finding work after moving from base to base to base. and even though the overall unemployment rate ticked down last month, unemployment among veterans of iraq and afghanistan continue to rise. that's not right. it doesn't make sense. not for our veterans, not for our families, not for america and we are determined to change that. now i've told the story before of a soldier in the 82nd airborne who served as a combat medic in afghanistan.

and he saved lives over there. he earned a bronze star for his actions. but when he returned home he couldn't even get a job as a first responder. he had to take classes through the post 9/11 gi bill, classes that he probably could have taught just so he could qualify for the same duties at home that he was doing every single day at war. you know what, if you can save a life on the battlefield, then you can save a life in an ambulance. if you can oversee a convoy or millions of dollars of a assets in iraq, you can help a business back home manage a supply chain or balance their books. if you can juggle the demands of raising a family while a loved one is at war, you can juggle the demands of almost any job in america. we ask our men and women in uniform to leave their families and their jobs and risk their lives to fight for our country,

and the last thing they should have to do is fight for a job when they come home. and that's why we're here today, to do everything in our power to see to it that america's veterans have the opportunities that they deserve and that they have earned. now, i've already directed the federal government to lead by example, and to hire more veterans, and it has hired more than 120,000 so far. a couple of months ago i also challenged private companies to hire or train a hundred thousand post 9/11 veterans or their spouses by the end of 2013. and already companies have hired more than 12,000 and committed to train or hire 25,000 moreover the next two years. and i want to thank the extraordinary work of my wife, the first lady, as well as dr. jill biden for leading this effort to support our military

families and our veterans. nearly two months ago i sent congress the american jobs act. it was the only jobs plan independent economists said would boost our economy and put americans back to work right now and it was full of the kind of ideas that have been historically supported by both parties. it was paid for and it included two proposal has would have made a big difference for our veterans, the returning heros tax credit, which would give businesses a tax break for each unemployed veteran that they hire, and the wounded warriors tax credit which would give businesses and enlarger tax break for hiring an unemployed veteran with a disability related to their service in uniform. these veteran service organizations are here today because they fully support these ideas. unfortunately we have not yet seen progress in congress, senate republicans have so far chosen to block these bills and

these proposals. since then they've also blocked a jobs bill that would keep teachers in the classroom and first responders on the street and blocked a jobs bill last week that would have put hundreds of thousands of construction workers back to work rebuilding america, despite the fact that more than 70% of americans supported the ideas in this bill, not one has yet stepped up on the other side of the aisle to say this is the right thing to do. they've had three chances to do the right thing, three times they've said no. i believe it's time they said yes to taking action that would boost the economy overall, because the overall economy has an impact on veterans. it's a lot easier for veterans to find jobs if the economy is growing rapidly and unemployment is dropping. and i think it's important for all of us to remember that we are all in this together. it's time we started acting like it. bold action from congress is ultimately the only way we are going to put hundreds of thousands of americans back to work right knew and rebuild an

economy where everyone who works hard has a chance to get ahead. so i'm going to keep pushing these senators to vote on common-sense paid for ways to create jobs that pwepl pwers of both partiemembers of both parties have supported before. what i've also said is i'm going to do everything in my power as the head of the executive branch to act on behalf of the american people, with or without congress. we can't simply wait for congress to do its job. as command der and chief i won't wait nor will i let politics get in the way of making sure that veterans share in the opportunity that they defend. if congress won't act, i will. and that's why two weeks ago i announced a new initiative to help trained veterans get jobs in the medical community. and today we are announcing three new initiatives to help america's raourpbg heroes get jobs that meet theireturning heroes get jobs that meet their

talents. we are delivering on the expanded jobs services that i promised three months ago. starting today post 9/11 veterans looking for work can download what we're calling the veterans gold card which gives you up to six months of personalized job search services at career centers across the country. second, we are launching and easy to use online tool called my next move for veterans, that allows veterans to enter information about their experience and skills in the field and match it with civilian careers that put that experience to use. third, we are connecting unemployed veterans to job option. we've partnered with leading job search companies to create a new online services called veteran's job bank where employers can tag jobs postings for veterans using a simple approach designed by major search engines.

500,000 job option have been tagged thanks to a company called simply hired and companies like monster and linkedin are helping. visit white house.gov dash vets. connecting our veterans is the right thing to do for america. there is still more that we can do to encourage businesses to hire veterans. this week congress will have another chance to do the right thing. they'll get to vote on those tax breaks that i proposed back in september for businesses to hire veterans. members of congress will get to say whether or not they think it's a good idea to give companies an incentive, an additional incentive to hire the men and women who have risked their lives for our country. when i first proposed this idea, some of you remember, this is a joint session of congress,

people stood and applauded on both sides of the aisle when i announced this bill, that was one of the few times both sides stood up. so when these ideas come up for a vote this week, when the tv cameras aren't necessarily on each of them, i expect both sides of the aisle to stand up for our veterans and vote in the affirmative. there is no good reason to oppose this bill, not one. our veterans did their jobs. it's time for congress to do theirs. it's time for them to put country before party, put our veterans back to work, and pass this element of the jobs package that benefits our veterans and gives businesses an incentive to hire veterans. standing up for our veterans is not a democratic responsibility or a republican responsibility, it is an american responsibility. it's an obligation of every citizen who enjoys the freedom that these heros defend, and it

is time for us to meet those obligations right now. as commander and chief i want all our veterans to know that we are forever grateful for your service and for your sacrifice, and just as you fought for us, we're going to keep fighting for you, for more jobs, for more security, for the opportunity to keep your families strong, and to keep america competitive in the 21st century. in other words, we're going to keep on fighting just as you did to show the world while the united states of america is still the greatest nation on earth. thank you very much, everybody, god bless you. god bless the united states of america. [music playing] jon: president obama in the rose garden asking congress to pass the jobs bill that he has put forth as part of his jobs package. bret baier has been with us

through the president's remarks. we'll be hearing a lot from you on your special reports program. i want to get your take on this. he says there are elements of this jobs bill that senators from both parties have supported in the past. he's clearly angry with republicans and he's pointing to republicans as having torpedoed it. there were a lot of democrats who voted against it as well. we are less than a year out from the election. i presume everything, even something as noble as a bill that would give jobs for -- to veterans has to be viewed through the prism of the president's re-election prospect. >> reporter: sure, jon. but let's be clear here, the white house seems to have found its stride in its messaging, and the president's messages harnessing this we can't wait. at first some analysts said it was hokey for him to be going out and doing these events, but if you look at the polls, it may be having an effect, and the president's polling appears to

be going up. the issue here about veterans and doing things to help them get jobs does strike a chord with both sides of the aisle and republicans and democrats want to do that. it is packaged in such a way that republicans have been essentially boxed in on this issue. they are pushing back on the overall recovery act. but as you go piece by piece, the white house seems to be gaining some political points with each of these role outs. it's hard to ignore that their messages for all the criticism of the white house, and the ability to message, it seems to be they are finding their stride a bit in recent weeks. jon: as somebody who covered both the white house and the pentagon you bring an interesting perspective to this particular political point, i guess. we'll watch for it tonight. bret baier, thank you. you can get the latest from capitol hill, tune into special

report 6pm eastern time. you know they'll be picking apart this presentation from the president and picking out the good and the bad in it. jenna: you wake up monday morning you never know what you're going to find, right, jon? we don't have control over this shot. this is a little north of where we're sitting in the studio. this man is dangling from a major bridge in new york state. it's called the tapanz zee bridge. rock land executive legislator cover up retaliation. i've been going throughout news report to financed out what exactly this could be related to. there doesn't appear to be an explanation for what exactly he wants, jon. jon: rock land county, a county in new york on the western side of the hudson river, this bridge spans the hudson seufr traveling between westchester and rock land counties. he apparently doesn't like something that is going on in rock land county and he found a

public way to make his point. jenna: some of the folks in that legislature are saying, hey if you tell us what you want we can actually talk about it we don't have control over this shot. i'm hoping they pull out late bit so you can see how far this guy is hanging. he has a nickname in the local press, as the dan dangler. we will have the latest from new york where the dangler is dangling, right after this break. ♪

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today after a series of earthquakes started over the weekend. at least ten smll aftershock rattling the state after a 5.6 quake hit 45 miles east of

oklahoma city on saturday. you're looking at some of the damage, no major injuries reported. take a look at this. >> we are having an earthquake right now. our lights shaking right a bit here. it is now calming down as another earthquake has just hit. i still hear a few lights rattling here in our studio, and we will -- we still -- you can see our duratran back here, i don't know if you can see it behind us still shaking, here in oklahoma city. jenna: our hats off to that anchor who reacted with plenty of poise on the air. we are joined now by randy keller, professor of geophysics at the university of oklahoma, also the director of the geological survey of oklahoma, and professor keller, we were talking earlier, i'm from san francisco, i've been through some earthquakes certainly. a 5.6 earthquake is nothing to sneeze at. that is legitimate. have you had many aftershock today? >> we had a lot yesterday, but the -- happy to say the aftershock activity is on the

decline. jenna: what do you make of the earthquake over the weekend? >> well, we've had a lot of earthquakes in oklahoma and we don't have all these large faults up here in central and the northern part of the state, and it's a little hard to explain some of the ones we have had. but this one is right along a well-known fault, it's not a real big one, certainly not by california standards, but it seems right now that that fault decided to move laterally, so the west side of the fault went north a little bit, and we got this earthquake, and the cor the aftershock. jenna: the last earthquake like this was a little over 50 years ago. is there any rhyme or reason why this earthquake happened now? >> well, it's like anything else, stress builds up in the earth's crust, particularly in plate interiors, in the mid

continent regions like we are in, it builds up over thousands of years, and there are ozones of weakness like this fault that is 300 million years old and eventually something gives away, and it happens very infrequently, but it does happen from time to time. jenna: it does. and i can say, obviously speaking from experience, we're a little snobby out in california about our earthquakes. we think we are the only ones that go through it. i was very interested to read about if you live in oklahoma you do get earthquake insurance, or you usually do, that is something typical, and of course the question when any earthquake happens is when will it happen again. professor, is there any -- do you have any predictions about that? or what should people expect? >> well, the reasonable expectation of course the earth is very complicated, so we're all -- when we make progress knows tpredictions we are all

nervous that something can happen. with the die off in the half shocks i would think this is kind of the maximum stress release we'd expect in this part of oklahoma, and that is over, and it will move somewhere else, and in another 50 years we'll have somewhere else. jenna: i have to ask you briefly, because we've had weird earthquakes over the last year, this one along the east coast. is there any connection to the earthquake activity. you mentioned the earth is complicated and i think that is very well put, but is there any connection between some of the earthquakes that we've seen? >> certainly not at this size. when you have these really big magnitude 9's there are discussions out there that they are so big they may influence each other. this size earthquake, they are independent events, very local actually. jenna: and they fascinate us each and every time we cover them. professor keller, thank you so much. nice to have you today, sir.

>> you bet. jon: there is some new fallout in a shocking scandal at penn state university. allegations of a cover up, a couple of top administrators are out. we'll have that for you 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. [ male announcer ] new glucerna hunger smart. ♪ ♪ ♪ when the things that you need ♪ ♪ come at just the right speed, that's logistics. ♪ ♪ medicine that can't wait legal briefs there by eight, ♪ ♪ that's logistics. ♪

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jon: you know, freedom of expression is a given in this country, and this guys out expressing himself. but you're not supposed to yell fire in a crowded theater, and

right now traffic on new york's tapan zee bridge is a nightmare because of this stunt this knucklehead has pulled. he's at the end of a rope ladder dangling offer the tapan zee bridge, the old need in replacement bridge that spans the hudson river from westchester to rockland county. he's protesting something about rockland county politics. that is what is on the banner there. we can't read the whole thing. jenna: we can't. we did see some rescue workers, apparently try to maybe pull him up. they are trying to figure out what to do. they just arrived on the bridge. there are some boats below. he doesn't have a coat on, so janice dean the weather machine out of our fox weather center, jon, just told me that this is excellent weather for a dangler if you're going to have it, light winds, about 50 degrees, clear skies and you have the national news focusing on you. jon: this clearly is not a suicide attempt, but thinks no laughing matter. the people who go over the edge to pull him up are going to be

literally risking their lives, the bridge high enough off the water this a fall down to the hudson can be fatal for him or for his would-be rescuers. we'll keep an eye on it. jenna: 140 feet from the bridge to the water, so you don't want to fall. and you probably don't want to rescue that guy either. we'll kind updated on what he's doing. he apparently has a rope in his hands now. it's hard to make out. more on the dangler coming up. in the meantime we're going to turn out to the west coast now, just hours until voters in san francisco head to the polls to choose a mayor. the main issue on many voters' minds there, plans for a subway extension of some sort, some demanding the city put the brakes on the project, and its fast rising costs. a lot of folks in san francisco want this. claudia cowan is live with phoefrpblgts it is a massive public works project that could end with a visionary subway or as some are calling it a train to no where.

the central subway is a rail extension less than two miles long connecting outlying neighborhoods to union scare and chinatown. voters approved the project in 2003 to replace an earthquake damaged freeway when th. the cost is 1.6 billion with the money to come, the lion's hair from the federal government. they say it cost too much money for too little benefit. >> the cost of the project has doubled. >> reporter: at about a billion dollars per mile the central subway has become the most devisive issue in the city's mayoral campaign. >> it's a political hot potato. in the difficult times the question is can we afford it? >> we are expecting to see traffic in the downtown area double in the next decade and a half. in order to deal with all of this incredible demand for transit it's critical that we build the central subway to connect different parts of the city. >> reporter: the public debate could hinge on a policy debate

in washington where house lawmakers are considering an appropriations bill that could strip all federal funds from the central subway and leave san francisco taxpayers millions of dollars in the hole. even so the digging has begun. tunneling is expected to start next year and citizens are hopeful the mayor elected will keep the project on track to open in 2018. jenna, the current frontrunner, mayored lee running for re-election says he is firmly on board. jenna: interesting, a city known for its cable cars and putting the trains underneath the streets would be something brand-new for san francisco citizens. claudia, thank you very much. jon: new information on a scandal that is rocking penn state university, and by extension really all of college football. two high ranking administrators facing charges they lied to a grand jury about former defensive coordinator on the penn state football team jerry sandusky. he was arrested over the weekend on charges that he abused boys

he met through a charity he founded. fred tesee is a former federal prosecutor, jennifer brandt a defense attorney. they are asking whether this could in any way affect joe paterno the long and legendary football coach. apparently there was a report made to him that this guy had been misbehaving on penn state property with young boys. he then reported it up his chain of command. is that the end of it for him, as long as he did what he i guess is required by law to do, is that enough? >> i think, jon to answer your question in the legal system i think that is enough. for a lot of different reasons. that's why you didn't see him get charged. you know, in the court of public opinion i don't think it is enough. you go 50 miles from where i'm sitting it's gods, guns, guts, and joe pa, it is the cornerstone to bedrock of pennsylvania. thinks the last guy i would have expected to do this. i read the

grand jury report. i spent a lot of years as a prosecutor, i don't like reading reports like that. i've seen a lot and don't want to see any more of it. what this graduate stew tenth reported to him was a horrible, horrible thing involving a ten-year-old boy. joe pat tells his athletic director i guess that, why didn't someone go to the authorities, that is the question that i think is on a lot of people's minds. jon: jennifer the accusations here are things that didn't just happen apparently in some living room some place, they often happened right on the grounds of penn state, in the locker room, the facilities there. >> that's right. but what the officials are saying is that they weren't involving any penn state students. it was that he was using the facility for his other chara taoerbgs the two-mile foundation. so from the penn state personnel they are saying that they weren't really involved directly because it didn't involve anybody from penn state, and that is going to be their defense going forward. plus the fact at least the two officials that have now stepped down, they said that, you know, the statute of limitations on their involvement has expired.

so it's past the time for them. and that will be the defense that they set forth. jon: but fred, the two officials who did resign, apparently, or one of them has gone back into retirement, one of them has resigned, those are the people that paterno reported the allegations to at least on one occasion, right? >> that's correct. and i get that. and jennifer is right, that the statute may have run, and they may not have add a legal obligation to report this incident because it was not a student at penn state university. but i've got to tell you something, it was a horrible, horrible event. the guy was basically raping a ten-year-old boy, and schultz who is the senior vice president was aware of similar allegations against sandusky from 1998. so this wasn't the first time he had heard about this. and it still begs the question as to why nobody went to the police. and i get it, look, penn state football has wrapped itself i think up until now rightfully so kind of in this cloak of

decency. at that point sandusky is not even working for the university. why isn't someone coming out and saying, we found out about this. this is not in keeping with the morals of the university or its football program and we've turned this over to authorities and we're going to cooperate in every way we can. jon: what about that jennifer? he apparently resigned as defensive coordinator when paterno made it clear to him that he wasn't going to be succeeding him as head coach of the program. but the university apparently gave him this very generous offer to let him have an office, let him have full access to the facilities? if these charges are proven true, and they are pretty sordid charges, does the university face culpability here? >> i think they do to the extent that he is allowed to use the facility for you know, for whatever purpose, and it may turn out to be an evil purpose. i do think the university is walking a fine line here as to what they allowed, and, you know, what he was actually doing

on the property. the other point that really needs to be talked about, is, you know, if these people were so close with him and if they didn't go to the authorities, why didn't they try to get him some help? i mean clearly this man has some very serious problems, and probably needed some kind of intervention or needed help so that if the allegations are true they shouldn't have gone on for all of this time. we are talking about a lengthy period of time here. why didn't one of these people intervene to try to help him if they were so close with him. that's the question that i wonder and i think most of the picku public does as well. jon: innocent until proven guilty but that grand jury report is apparently an awful thing to read. >> horrible. >> horrible. jon: we'll keep an eye on this story and have you back another time to talk about it. >> thanks for having me. >> thank you. jenna: the saga continues for thousands of trekkers who are trapped in the foothills of mt.~everest of all places. it's been a week since dense fog made it impossible for them to

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to seek maximum returns to reach your goals. it's investing with intelligence and cold hard conviction. you made the money. you should have everything you need to invest it. e-trade. investing unleashed. jon: right now new information on stories we are watching around the country and around the world. thousands of trekkers trapped in a town near mt.~everest finally getting the chance to go home. a cover of thick fog in the area made it nearly impossible to get anyone in or out for nearly a web. today some 1500 tourists are heading to nepal's capitol and back to safety. a heart health message of support from mohammed alli to joe frazier. alien frazier who is currently battling a serious form of liver cancer were bitter rivals for decades, really.

alli says, quote i am praying he is fighting right now. barnes & noble is heating up the tablet market, unveiling a much slicker and thinner version of the nook e-reader. the new tablet should hit store shelves by november 17th. jenna: in time for the holidays. a fleet of high-tech robots exploring the depths of the ocean for the u.s. navy. jonathan serrie got a look at this. he is joining us from the atlanta bureau, that is not where the robots are. >> reporter: they are out in the water. it's called sea glider, capable of performing long, undersea missions at a fraction of the cost of a research vessel. the sea glider can be loaded with sensors to explore water quality, the presence of sea life, underwater terrain, information that the navy is interested in for navigation as well as maximizing the effectiveness of its so are in and other equipment. in addition to military

operations research institutions use sea glider. during last year's catastrophic oil spill multiple robots were deployed in the gulf of mexico to track underwater oil plumes. it is capable of reaching depths under 300 feet and lasting up to nine months and a single battery charge. it uses very little energy because it has no moving external parts, no propeller. it glides through the water using the waist its own battery to change direction. >> we can then physically roll the battery. when you roll it in one direction the glider will want to come back in that direction, hence causing it to go into a turn. >> reporter: dived hines is vice president of maritime systems for i robot. a lot of people are surprised to learn that his company which makes sea glide eris also the same company that makes rumba, that fully automated vacuum cleaner. this company runs the spectrum from keeping your carpet clean

to keeping our ocean safe. jenna. jenna: we could use the rumba in the newsroom. jon: yeah it looks a little dusty in here. jenna: that is pretty cool, nine months on one battery. that is very efficient. >> reporter: very efficient. jenna: very interesting report. jonathan serrie, thank you very much for that. who knew? jon: here is a story that is leaving a town in fear, a double murder, a mother and son brutally stabbed to death. the killer is still on the loose. what police know now about the attack. also, scented he candles, a cozy way to warm up your home when autumn sets in. can they cause health problems? that is next. looking good! you lost some weight.

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jersey remains on edge as police search for a double murder suspect. a woman and her adult son brutally stabbed to death in a small town of hammington. patti ann has more. >> reporter: the 64-year-old woman and 29-year-old son lived on south madison street. on tuesday morning diana and ryan patterson were found stabbed to death in her home. neighbors say they are uneasy knowing the killer or killers are still on the lose. according to the atlanta county prosecutor's office diana was stabbed at least ten times, her son had at least 20 knife wounds. ryan was able to call 911 and report the attack, but i and his mother were dead at the time

rescue crews arrived. he was a racing enthusiast. neighbors, friends and relatives interviewed by reporters say they have no idea who would want the pattersons dead. prosecutors refused to release any details whatsoever of their investigation, but they are urging anyone with information to call (609)909-7800. jon. jon: patti ann, thank you. jenna: it is that time of year again. you have cinnamon air fresheners, pumpkin spice candles. all that kind of stuff. we are getting close to the holidays. did you know that some of the he scents can actually cause health concerns? we have with us dr. earnest patty, he works at st. barabas hospital in the bronx. whattess is the concern of having these candles in your home. >> not every scent is as

pleasing to every nose in the same way all these smells that we come in contact with, from christmas trees to rose gardens to air fresheners all admit volume till organic compounds. some are them are very pleasing, others can be upsetting to your nose. jenna: and maybe something else. i was looking at some of the side effects because of these voc's as they call them. some of them make sense, headaches, dizziness. are you telling me if my husband forgets to go to the grocery store it can be from a scented candle. >> i think that is a reach. long term exposure to, voc's can contribute to possible memory loss. jenna: do you believe that? come on, doc. >> i won't be able to argue that one with my wife. there is obviously some truth to it i imagine. jenna: what can you do? is there any ingredients we should look at? should it be all natural candles that are out on the market. is there something to have the scent but not have the side

affects. >> yes. it's better to stick to natural flowers. if you're not suffering from allergies from the pollen in the flowers, those are great. cinnamon, pumpkin things like that but not in the heavy, heavy perfumes you get in a lot of manufactured candles and plug in air fresheners. some of them emit20 to 30 times the tph-plt of voc's you should be exposed to. jenna: we just have a few of these popular brands, we just have them by happenstance. >> a lot of these things to one nose may be pleasant but to others may not. obviously with young children you walk in and you have heavy cologne on it will cause those who have a propensity to asthma to have symptoms compared to those who don't. stick to natural air fresheners. be careful with laundry

detergents and all the soap and stuff you use in the house, colsrapbts, they are potent. jenna: the doctor still has family members that sometimes need medical tree. we understand your mom was in the hospital. >> my mom is in the hospital, she is probably watching right now. i want to say get well soon, we love you. jenna: to momma of dr. patti, thank you for coming in despite all of this. >> thank you i appreciate it. jon: that is a good son right there. jenna: he gets extra points for that. jon: you know it. it's suppose to bring tens of thousands of jobs to america's heart line. the keystone pipeline doesn't seem to be a priority for the president. lou dobbs weighs in next. ist set out to create a different kind of cold remedy using powerful medicine and natural ingredients from around the world. he called it vicks vaporub. today, the vicks journey continues.

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holiday, your birthday! no celebration is too large for this extraordinary, exceptional event. even president truman got in on the action. >> happy birthday. >> so sound the alarm, call your friends and alert the press for today is truly the world's greatest birthday! jenna: i mean, president truman? jon: just for the record, he was out of office when i was born. [laughter] jenna: you got a parade going on -- jon: oh, man. jenna: that video was a little harsh. i'll tell the production team that. jon: i've been here at fox 15 years, and i haven't gotten that kind of birthday celebration. jenna: really? we just want to make sure we recognize what is happening now, and what is happening now is jon scott's birthday. we hope you have a fabulous day. jon: this is going to be terrific. except for the traffic snarl from that guy still dangling from the bridge.