>> we lost a legend last night. >> 67-year-old joe frasier passes away. he's he's he'sen been on our show at least twice. >> presidential candidate herman cain ready to fire back against new allegations of sexual harassment. >> kelly wright is live in our bureau in washington, d.c. with the latest. >> good morning to you. presidential hopeful herman cain will hold a news conference to address the accusation of a scandal against cases of sexual harassment. a new accuser steps forward, with gloria allred at her side described how she met herman cain 14 years ago in washington, d.c. when he served as president of the national restaurant association. her fiance referred her to cain for seeking a job. he upgraded her hotel room to a

palatial seat and gives lurid details about her encounter with herman cain in a car. >> he put his hands on my leg, under my skirt and reached for my genitals. he also grabbed my head and brought it towards his crotch. i was very, very surprised and very shocked. i said, what are you doing? you know i have a boyfriend. this isn't what i came here for. mr. cain said, you want a job, right? >> herman cain appearing on the jimmy kimmel live show said he would not discuss the firestorm until he holds that news conference later today. but he did offer some response. >> at least it wasn't one of the many that have the first name anonymous. so now this one actually had a name and a face so we watched to see what it was and who it was. >> the bottom line here is that herman cain has to do some quick damage control because his

campaign undoubtedly as these firestorms will continue to escalate will become derailed or at least lose message and that's the most important thing he has going into the iowa caucuses and all the primaries. back to you. >> thank you very much for the live report from the bureau. >> all right. let's talk about a new "usa today" gallup poll. so you would think that herman cain will be sliding down the polls. instead, what we're going to tell you this morning is he's actually tied with mitt romney for the lead. so here they are. both at 21%, of course, with the error rate at about plus or minus 4%. >> what's interesting is that cain himself is actually in a slightly better position than he was a month ago and this particular poll was done after extensive news media coverage of the cain allegations. interestingly enough, kelly was talking about what's going to happen in iowa. an iowa poll done by insider advantage for "the des moines register" shows that cain has got 30. romney has 15 and this poll was

taken three days after extensive news coverage. so many people apparently according to the poll in iowa are giving him the benefit of the doubt. they don't think that the allegations are true. >> i'll tell you what, seeing that woman yesterday, knowing that she's fourth woman on top of that and also knowing that newt gingrich, mitt romney, governor perry, the whole campaign, the whole race to get the g.o.p. nomination has been sidetracked because the first six questions in any interview are about herman cain's allegations and i'm wondering how much better things could be if he took karl rove's advice and got it all out right away with one big comprehensive press conference. >> having a press conference in scottsdale, arizona, today. >> had he done that last week. >> i know. so we'll see what's going to happen. what's interesting to me about this poll, undecided. what do you think it is? how many people are still undecided? the same as who are voting for the two frontrunners, 21%. so look, this whole thing is way too early to know really how it's going to pan out. i know when we get to iowa on january 3rd, we'll have a better idea of where things are

heading. still, so many people just don't know. they don't know where they stand. >> meanwhile, gretch, tell us the headlines and we'll talk some more. >> voters in ohio, speaking of the people, will decide whether to keep a new law that limits unions' collective bargaining rights. the bill was signed into law last march by governor john kasich. if overturned, they would get those rights back. recent polls taken by public policy and quinnipiac said the law may be headed for a repeal. let's move to mississippi, personhood amendment will be voted on. it declares a fertilized embryo a legal person and bans all abortions in the state. lawmakers on both sides of the aisle embracing a victory on the jobs front. senate expected to approve a package of tax credits for businesses who hire veterans but repeal the 3% withholding tax for government contractors in 2013. the overall measure is likely to go to the house. they return from recess next week. a shakeup inside the white house. president obama's chief of staff bill daley no longer running

day-to-day operations in the west wing by himself? many of his duties being handled by senior obama advisor pete rouse. white house officials say it's not a demotion. he will continue to serve as an ambassador for the president managing relations with influential outsiders. an open mike caught president obama and french president nicolas sarkozy during a catty conversation about benjamin netanyahu. according to a french on-line report, reporters allegedly heard a private conversation at the g-20 conference. sarkozy reportedly told obama this about netanyahu. "i cannot stand him. he is a liar." to which obama replied, you're fed up with him but i have to deal with him every day. no comment from the white house. >> and those are your headlines for your tuesday morning. >> so sad news, you know, we heard over the weekend that joe frasier entered hospice care because of liver cancer and he was going to only to be able to

hang on for another couple of weeks. it ended up being a couple of days. man who beat muhammad ali in the fight of the century, that last round, that ali was off the canvas but unable to take the decision after 3 1/2 years off after refusing to report, joe frasier would go on to lose very tough battles with muhammad ali but in the end would retire once after george foreman knocked him down about nine times in two fights. second time with his head shaved and at 67 years old, he was somebody who in many ways was a little resentful about how he was portrayed in the rivalry with muhammad ali where muhammad ali was the voice of african-americans and blacks, he felt as though he was categorized as an uncle tom to many as representing white america and not truly black. and muhammad ali said i was just selling the fight but in the end, he was still a little bit

bitter about how the promotion was handled. >> that's very interesting. >> it was when he knocked -- brian, you're absolutely right. of all the tributes i've read about him today, they talk about how and ali were linked through their entire lives and joe frazier said when he knocked ali down in madison square garden in 1971, that was the greatest moment of his entire life. >> as would be with anyone. here you are with celebrity in midtown new york city and everyone says muhammad ali left, he was unbeaten, undefeated, greatest ever at the prime of his career, 3 1/2 years done, he's saying joe frazier is not the real champion, he emerges and they have this fight and they go to the last round. he was in awe of ali that he got up from that shot and he felt as though he won the second fight and would have won the third if eddie would have let him go out for the 15th round. eddie said i thought he was going to die if he was going to take anymore punishment. after round 7, muhammad ali says

that's as close to death i've ever gotten. that was in manila, 105 degrees, a packed house. >> you have a lot of knowledge about this. i'm learning a lot. >> this was a fascinating time. anybody that came up, i remember opening up "the daily news" and having the iron on shirts, either you were a frazier guy or an ali guy. as much as being a sports fan, you were an ali or frazier fan. >> you had to pick. it was like the beatles or elvis. you're absolutely right. he was a native of south carolina and his family released a statement yesterday that asked folks to let them grieve privately and said they would announce "our father's homecoming celebration as soon as possible." smokein joe frazier dead at the age of 67. >> talk more about this and have special guests throughout the show. >> in the meantime, let's move on to another talking point for your morning. there's a new campaign. did you know we need to spend about a billion dollars to get

people to come to the united states for tourism? i thought people just normally maybe thought all around the world, maybe the united states is a great place to visit. well, now it turns out that the department of homeland security is using some of its dollars in the new campaign called "discover america, u.s.a." there's going to be everything from talking tv billboards in multiple languages to social networks in remote locales. they say this will create jobs. for every 35 visitors who spend $4,000 to come to america, that creates one job. i'm not sure if that's better than the stimulus package. >> cheaper than solyndra, i think. i went to their web site and there were all sorts of things at the top, click on deals, you know, if you're an international traveler, click on the deals. i clicked on them, nothing there. i clicked on some other things on how to book travel, not there yet. so if this is what it's going to be, they got to get it up and running a little better. >> unveiled in london, it's a

private and a government-run collaboration. five years, $200 million a year so it's going to cost a billion but they claim it's going to bring $500 billion over the next five years to the gdp. >> i thought the quotes were interesting, we want to try to change the minds of people abroad might think of the u.s. why do so many people want to live in the u.s.? what are we going to change the minds about? that america, you can go for the american dream in this country? i don't get it. >> but i do -- i do salute people that say this is a positive thing. ok, we got to get tourism in. we got to change the perception, have a campaign. to me, that's very american like because we use our advertising and marketing ability to let people know what we have here. >> but the web site is called discover america. you would think for a billion dollars, you could come up with something a little catchier. remember when we used to have i love new york here in new york? >> catchy. >> catchy indeed. >> for years. absolutely. >> i still have that shirt. >> e-mail us right now.

let's help the u.s. government to come up with something catchy to get international travelers to come visit us here in the u.s. of a on this tuesday. >> what about the american flag? i don't know. anyway, let us know what you think. today's vote in ohio could have a major impact on laws across the country. this is big, folks. charles gasparino from the fox business network will explain the political ramifications for this as well. that's next. >> he goes by graham as in the cracker but this aspiring politician was told to cover up his campaign signs because they're offensive? really? details straight ahead. so this is enzo. you know, when i got him on e-trade

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>> all eyes are on ohio today where labor unions could be dealt a big blow as the residents decide the fate of the controversial measure, it would limit collective bargaining rights of public employees and the vote's impact could be felt across the country. fox business senior correspondent charles gasparino is here to put it is perspective for us. this is a tough law but something that the governor felt they had to do to balance ohio's budget and make it attractive for business. >> it looks like the union is going to win here. this is the one thing about this law, it goes further than what you've seen in other states, wisconsin, for example, it includes cops and firemen and i think that may be the fatal flaw, you know, kasich went for the full monte instead of going for a half step before bringing in other sector unions especially cops and firemen. people have problem with cutting benefits of cops even if they can retire at half pay at 50. it's just an issue. >> if you look at what governor

walker did, he decided to leave out cops and firefighters. still, he's look at a possible recall vote over in wisconsin so the ramifications of this is if this gets rejected, now all of a sudden, governor kasich is going to have to try to balance the ohio budget knowing that the rules cannot be adjusted on collective barring anything. >> there is an education process going on right now in this country about what we pay public sector unions. we're not talking about private sector unions, not talking about construction workers that work for private companies but public sector unions that basically get paid by the taxpayer. there's an education going on. what people are saying right now is they have a problem with, you know, teachers maybe, bookkeepers that work for city hall or the statehouse getting paid all these lavish benefits but still, they're not quite there when they're talking about cutbacks for cops or firemen. i'll tell you, i see this thing get repealed big time. >> we'll see where we go from there. so far, here's what they're saying with the early polls. it looks overwhelming and it's going to be repealed 59% to 36% when the white house puts people on the ground. when the unions pour money in,

even if this is the most popular thing in the world. >> can you imagine if the white house lost this? can you imagine if the unions lost this? >> jay carney says the president hasn't spoken about it since april. >> ok, this is a huge political issue. if that really means that the public is fed up with the size of government, i don't think we're quite there yet. >> let me tell you, with the similar simplistic approaches, why is it that people have to pay because wall street gets bailed out, why are you blaming the public unions for the current problem? >> we should point out that ohio has very few wall street firms. their problem is not attracting enough private sector jobs. i think that was the case that the governor was trying to make, kasich was trying to make that listen, we have all these taxes that go to fund these lavish pension benefits. i don't think he quite made the case, though. >> right. and we're about to find out because it's going to mean a lot for the power of the unions especially for the next election and my last point to you is that something's got to give. now you're going to look at

massive layoffs because that budget has to be balanced. >> that's part of the education process or higher taxes if he has to do that because you have to balance the budget. >> who's for that? charles, thanks so much. >> any time. >> all right. 18 minutes past the hour. admit it, you see a guy on the side of a road with a flag, you keep on driving. an incredible story that will make you step on the brake. she spent the night in a tent built for four including a girl dressed like the devil. up next, first hand account of what happens at the park when a new york reporter goes down with a sleeping bag. [ horn honks ]

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>> welcome back, we have some tuesday morning headlines for you. guilty as charged. now jail officials are keeping a close eye on dr. conrad murray. he's on suicide watch and will stay there until he's sentenced on november 29th. he faces four years behind bars for the death of michael jackson. a tanker truck carrying 8500 gallons of gasoline right there explodes after crashing into a minivan on the new jersey turnpike. incredibly, nobody was seriously hurt. the cause was accident, under investigation. nonetheless, a big tie-up in new jersey last night. gretch? >> it was a daring assignment that she thought of. brave the elements by herself on new york city's streets for a night. but our next guest didn't spend the night just anywhere.

she stayed in zuccotti park, the home of occupy wall street protesters. joining me now is "new york post" reporter candice giovi. candice, set the scene for me. you wanted this assignment, you pitched it. you go down there for a tent for four people and end up with six people in this tent. who were they? >> well, these were people that i met as i walked through the park. the six people in the town were myself, it wasn't my tent. this tent belonged to anonymous, a group that usually protests scientology who happens to be there so there were security force members, a sexual assault victim, a girl dressed as a devil and an anarchist. >> quite a group. >> and a kitten. >> ok. now, the girl that you're talking about, the woman, the sexual assault victim, we heard about her, right? she was one of the people who pressed charges against a guy named dave, allegedly. >> right. correct. >> what did she tell you?

>> i met her actually across from the park in a mcdonald's that has been over taken by members of this movement and she told me about how frightened she was. this happened to her on the first night she slept there. a man that she did not know came close to her sleeping bag and started groping her, tried to get on top of her and she told him she didn't like these advances. to stop. >> so you wanted to do this assignment. >> yep. >> you did not sleep all night. >> no. >> what was the takeaway for you? >> i, you know, the takeaway for me is i really wanted to see what was going on in this park especially because of all of these accounts of sexual assault and the rumors about sexual assault and rape, i wanted to see if it were -- if it were safe, dangerous. and it's really descended into madness, into chaos. >> did you feel safe? >> i did not feel safe.

and i did not sleep that night. >> so you say your message coming out of this was a lot of lawlessness even though you talked to people who justifiably you understood their anger. >> i did because some of the people that i met, genuinely believed in this movement and i, you know, have been there from the start. but others that i met seem to have just joined the party. you know, they're late comers to the movement. you know, they're arriving -- they're still arriving with their sleeping bags and they seem to be there to party. there's rampant drug use. >> here's fugitive dave as i was alluding to earlier who eventually -- he was a fugitive in connecticut eventually arrested after that groping incident. what do you make now of the fact that this morning they're reporting they're bringing in plywood and insulation to bring sort of homes at this park to make it through the winter? >> well, it's going to be a dangerous situation as to -- as colder weather comes to new york. it's already freezing there and

the night that i was there, they were out of sleeping bags. they were out of mylar coverings. they were out of tents. so, you know, it's -- it's going to become a very severe situation for them, would, insulation or what not. >> i'm not sure it's an assignment that you'd put you through again. >> i might. >> we'll touch base with you if you do it again. thanks so much. next on the rundown, he goes by graham as in graham cracker. this aspiring politician was told to cover up his campaign signs. are they too offensive? we'll report and you can decide. then when it comes to the fat cats on wall street, which president do you think helped them get so fat? a surprising new study when we come back. first, though, happy birthday to bonnie raitt. she's 62. wow. endless shrimp is our most popular promotion

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6:30 on the east coast if you're just getting up right now, we're going to get back in the vault for the shot of the morning, remember when brian locked lips. >> you don't know it's happening. you don't know it's coming. and you're looking and you're looking and there's a lot of eye contact. and then it depends on the guy. >> five seconds. >> but then you just -- you can even go like this. >> three, two -- >> ahhh. what a way to end the show! log on to fox and friends.com for more making out. right back. >> last night, our own dave briggs caught up with susan lucci, turns out she is still thinking about that passionate kiss with kilmeade. >> i think i will never forget that moment with brian kilmeade on the couch. we had a great time. we had fun. >> is brian kilmeade a good soap opera kisser? >> oh, right up there, definitely one of the best. one of the best! he was great and a great sport. >> wow! >> look at that,

congratulations mr. lips. >> i assume when there was any contact after the moment, there would be a riff at the moment. she doesn't harbor any resentment. >> randomly out on the street. >> that's fantastic. those were the days. >> you were asking why i was screaming. >> you did scream. >> because i couldn't believe that you did it. i could -- knowing how you are about certain things, dancing, maybe not kissing anymore. >> see, i am not against kissing other women. it's my wife that's against me kissing other women. >> other married women. >> yes, thank you. >> here we go again. >> ok, enough. enough. enough. please. >> we worship you, brian! >> all right, let me tell you what's happening in the news, attorney general eric holder in the hot seat today testifying before a congressional committee on operation fast & furious. the government botched program that allowed thousands of guns to land in the hands. they have called for holder to assign along with the national

rifle association. >> there's pressure on head coach joe paterno to resign over the alleged cover-up of a sex abuse scandal. paterno was told by a graduate student that he saw jerry sandusky attacking a boy in the shower in 2002. although paterno relayed that information to the athletic director and the senior vice president schultz, critics say he should have told police as well. >> i don't think i've ever been associated with a case where that kind of eyewitness identification of sex acts taking place where the police weren't called. i don't think i've ever seen something like that before. >> meanwhile, pennsylvania's attorney general says paterno is not the target of their investigation at this point, curley and schultz were arraigned yesterday accused of perjury and failing to alert law enforcement officials. >> a man is alive today after the incredible efforts of a good samaritan and wisconsin state

troopers. they gave him cpr after he suffered a heart attack while driving. >> he's breathing now. >> hang in there, bud! >> something you can't forget. you helped somebody's family and saved somebody's life and give them more reason to live. >> wow, amazing video there and call it karma, the man who suffered the heart attack had just helped a woman change her tire on the side of the road. she's the same woman who then pulled over and administered cpr until troopers arrived. that's like a movie right there. wow. >> a college student's nickname has him in hot water. school officials say the nickname is racially offense. graham mcmillan is running for student government and introduces himself as graham like the cracker. he each put that on his campaign signs but the school told him to cross it out. >> hi, i'm graham like the cracker, nice to meet you. i think that you won't forget that, right? that's how i've always used it.

when it's put on signs and in business cards and different things like that, i could see where an individual would take offense to that. >> really? in a sign of support, some students have removed the yellow tape on the sign saying they don't have a problem with it. graham is like the cracker. >> i wonder if today is the election day for this particular race. interesting to see how he does. >> that's incredible! that's so out of line! >> all right. meanwhile, take a look at that picture right there. that's a funnel cloud that was spotted in snyder, oklahoma, yesterday. gigantic and it looks like they do in the movie. it did damage some buildings and some homes, no injuries, however, were reported. you can see it was a wild day yesterday out in the tornado alley. let's take a look at the maps right now and as you can see, we've got a line of thunderstorms extending from portions of texas and it's another -- there you can see that line of storms going through oklahoma. up through portions of kansas and missouri into iowa and

illinois at this hour. as it marches to the east, ever so slowly. meanwhile, current temperatures as you head out the door, you can see that cold front moving through. it's warmer in front of it, you get temperature -- and behind it as well. it is colder. take a look, minneapolis right now, 35 degrees. you got 24 in rapid city. it's freezing in boulder. about the same for albuquerque and cooler in provo. here in new york city, we have 55. double nickel. mid 40's across much of the mid atlantic. later on today, it will be a beautiful day temperaturewise across much of the eastern third of u.s.a. 76 in memphis. room temperature in atlanta at 72 and temperatures along the gulf coast in the 80's. here in new york city, home of wall street, 68. and that's your fox travel cast. >> we all remember about a year or two ago when the president was out giving a lot of speeches and he was talking about the wall street bankers and he went

so far as to call them fat cats. and that irritated a lot of those bankers down on wall street. many of whom had supported him in the past election. well, now, there's a new study out that shows that actually under the administration that thinks that those bankers are fat cats, actually, well, some of that could be true in the sense that they have made more money under president obama in just 2 1/2 years than they did in the entire eight years of george w. bush. it's ironic because many people would say that president bush was so much in favor of these banks as opposed to president obama. >> yeah, both essentially set up a situation in which they got money for cheap and they went out and invested it and got a big return on their money and it was no strings attached and you can argue about whether it should have been to make them lend. >> sure. >> so in turn, the banks made more money but overall, i think wall street has lost more jobs than any other industry. >> although when the president was out on the stump and he was slamming those people in the big banks, he sounded like he really meant it. doesn't he? listen.

>> these executives are out there giving themselves huge bonuses. take whatever you can get, however you can get it. wall street bankers had given themselves $20 billion worth of bonuses. >> not everybody has been following the rules. wall street is an example of that. there will be time for them to make profits and there will be time for them to get bonuses. now is not that time. >> well, as it turns out, now was the time. so they did, according to a report that we're citing this morning, did make more during the first 2 1/2 years of the obama administration than they did during eight years under george w. bush. >> you can understand why some people would be upset with some of the money that these banks have made because the taxpayer dollars is what bailed them out. and then in the fine print, the government did not, you know, require -- >> there was no fine print. >> there was no fine print to require those banks and what they would do with that money so they did not increase lending to just the average joe on the street who may have needed it and instead, they used a lot of that money on risky investments

and that's how they made such a huge return. >> you know what they would tell you? they would say, listen, you just got on us for lending out money to people that are unqualified so we decided to crack down on the qualification portion of it and you say you have to loosen up a little bit with your money and remember jack sat on that chair and said the worst thing you can do is tell banks what to do with the money when we're talking about tarp. you can understand both sides of the story. the government told them to give those low interest loans to people that were unqualified and it got us into this mess. now we're giving the banks money and go lend some more. their argument is strong as well. >> some of the people that got bailed out the biggest were fannie and freddie, that odd mix of government and privately held funds. we bailed them out to the tune of $140 billion. well, now, because it's time for bonuses, they are asking for another -- they're going to give millions of dollars, $13 million for bonuses but to do that, they also need to borrow another $6

billion from the federal government to float their boat. john thune, the senator from south dakota was on the program last night. >> they are asking for another $6 billion in taxpayer assistance at a time when they're making these big bonus payments. it sounds terribly inconsistent and i think it is an outrage and i think you got to show a little bit more of an ear for what's going on in this country right now. and how important it is that we get our fiscal house in order. >> so for senator thune to act like that, that's akin to billy martin going out as an umpire, that's as angry as he gets. >> two important points about this story. this is a bipartisan outrage. harry reid remarkably was also outraged when he heard about these bonuses. we had senator begich from alaska on the show yesterday is part of 60 people who signed, wanting answers from the treasury secretary tim geithner

so it appears both sides of the aisle are upset with this whole thing and the second most important thing is to get these bonuses they only had to have modest performance, modest performance after they received all of that dough from the taxpayers. talk about fine print. >> last night on the greta program, she asked him and said well, you know,don't you have to pay good people to make sure they run this stuff? and he said that the guys who have -- who were there now were brought in to clean up the mess. but if they cleaned up the mess, why do they still need $6 billion more? senator john mccain who wants heads to roll will be live with us two hours from now. >> we'll ask him other stuff, especially about what's happening in iran. michael jackson's doctor found guilty. judge napolitano says the jury got this one wrong. he's next. >> the reason the students walked out, they say the curriculum is just too conservative? the harvard professor who was

teaching that class here next. not really known as that much of a conservative. >> i tell my kid, i'm paying $60,000. go back in that classroom! [ artis brown ] america is facing some tough challenges right now.

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and a 70 foot tsunami. no danger of that. it will be 202,000 miles away from us. good. and should police need a warrant before planting a gps tracking device in your car. the supreme court set to hear oral arguments on that today. the government says people who have no expectation of privacy when they're traveling on a public street. all right. up to you and gretch and the judge. >> michael jackson's doctor, conrad murray, led out of court in handcuffs after the jury delivers their verdict yesterday. >> we, the jury in the above entitled action, find the defendant, conrad robert murray, guilty of the crime of involuntary manslaughter. >> so did the jury make the right decision? we're joined by fox news senior judicial analyst and author of "it is dangerous to be right when the government is wrong." judge andrew napolitano. >> i think i have a new chapter for the book in this case. >> you disagree with this verdict, why?

>> yes, the question that you pose in the introduction, did the jury make the right verdict? excuse me, the answer is yes on the evidence that was presented and the law as the judge gave it to them. the real question is should dr. murray should have been prosecuted? i would argue he should not. there's a lot of crazy trends that have come to the country from california. one that's bubbling up beneath the radar screen, turning an accident, turning misjudgment and turning stupidity into a crime. for 600 years in england and the united states before a person had to be convicted of a crime, the government had to prove what's called a guilty mind and an intention to do harm. a specific intent to commit the crime. that prevented the government from prosecuting people for accidents. this to me was an accident. should the family have sued for wrongful death? yes, he has a huge insurance policy. should he lose his license to practice medicine for leaving a known drug addict in the presence of drugs that could kill him? absolutely, but did he intend to kill michael jackson? there's not a scintilla of

evidence to support that. >> the word neglect is not -- or being a bad at your profession is not a reason to convict somebody. >> in my view, yes. >> he didn't even know cpr! >> he should have known cpr and that's the fault of the people that license physicians in california who should require that physicians know how to save people's lives. but the public policy of california and brian, it's coming this way, is to turn these accidents and bad, seriously bad judgments into criminal accounts. that gives too much power to prosecutors to decide when will we prosecute an accident as if it were a crime. >> this all started in california? are we seeing the precedent move all as kro the -- across the country? >> i won't say it started in california. it seems to be happening all over the country. a lot of trends for better or worse for prevalent in california. >> here's getting a bad doctor with a horrible reputation getting $150,000 a month to be michael jackson's private doctor. don't you think this could be a

good thing enforcing these doctors looking for a quick pay day to be credible? >> yes, some good will come on this. on balance, more harm will come because the appetite of the government will be wheted to decide what mistake will we next claim is a crime and get a judge to tell the jury if we can prove this, that a person should go to jail. but great protector of human freedom was the government had to show intent to cause harm and if it can't show that, you can't be convicted. no longer the case. >> very interesting analysis today and we want to promo your show coming up today 8:00 hour p.m., dr. conrad murray's attorney jay michael flanagan will join us. >> on the fox business network. >> another border patrol agent sent to jail accused of being too tough on an illegal immigrant. are they punishing agents for what they're trained to do? >> a student storms out of class because the professor is too conservative?

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>> here's some news for you. students walked out of their economics class at harvard university to attend the occupy boston protests. they sent a letter to the professor reading "the biassed nature contributes to and symbolizes the increasing economic inequality in america." harvard university professor and economic advisor for presidential hopeful mitt romney, greg manque joins us from boston. good morning to you, professor. >> good morning. nice to be with you. >> great to have you.

why did all those students walk out of your class? >> well, it was less than 10% of the class. it's a very large class, over 700 students, one of the largest on campus. they had some sympathy with the protest wall street crowd and they decided to leave my class as part of that movement. i teach a mainstream economics class. it's not much different from what you find at other universities. i don't share that view but that was the students' point of view. >> you know, the ironic thing is harvard is kind of known around the world as kind of educating the most elite, the top 1% of college students and for them to align themselves with the 99 to some seems kind of funny but as i understand, they want you to change your class. they say that is not a mainstream class. that is too conservative from that guy. >> yeah, that's what they think and i'm pretty sure they're wrong about that. i wrote the textbook for this class and one of the most widely

textbooks in the world and used at princeton and yale and a lot of the top universities so i don't think what we teach at harvard is anything different than you'd find in many other major universities throughout the world. >> ok, for the 50, 60, 70 kids who walked out, are they going to be penalized for missing that class? >> no, they won't be penalized but they missed some material that might be on the next exam. they'll have to catch up from some of their colleagues and get the lecture notes from friends. >> i think, professor, this could be the first time that we've heard about college students actually doing a mini revolt, a walkout during class to align themselves with the occupy, in your case, boston movement. >> yeah, as far as i know, it is. you know, in some ways, i have some respect for the students. i don't agree with their political point of view or what they're saying about my class but the fact that they want to engage broadly in the public debate of what's going on with the economy is a good thing. most harvard students most of the time are polishing their resumes so thinking about the broader social issues is not a bad thing.

>> the ironic thing is you go to college to hear all sides, you know, it's a free flow of opinions and things like that. here you're teaching a middle of the road economics class and they say sorry, can't listen to that guy. >> that's right. ironically, the topic of the lecture is economic inequality and talking about the growing inequality between rich and poor and what we're going to do about it. >> all right the professor from harvard. thanks for joining us live today. >> nice to be with you. >> how would you feel if you're one of the parents paying $50,000 or $60,000 a year to have your kid go there and you walk out, the kid does, to go to occupy boston? e-mail us. meanwhile, top of the hour, he's mad at the government but no one would listen. so this is one way to get his message out. can you hear me now? then remember all those rules banning sugary drinks at

schools? turns out there was an unforeseen side effect. wait until you hear that.

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>> good morning, everyone. today is tuesday, november 8th. i'm gretchen carlson. thanks for sharing your time with us today. herman cain hit with another bombshell. this time a blond one. she's coming out with accusations against him. he's a republican frontrunner, though, and he'll be preparing to respond in public today. >> eric holder is in the hot seat today but not just for fast & furious. coming up, hear from a border agent arrested after doing his job. he says holder should be fired. >> meanwhile, he's mad at the government so this guy found a way to get his message out. one problem, no one could hear him after he fell into the hudson river. "fox & friends" hour two for election day 2011 starts right now.

>> good morning, everyone. hope you're going to have a great tuesday if you have elections going on in your city, get out and vote. >> we do! >> all right, as do we. one minute after the hour, presidential candidate herman cain taking head on the new sexual harassment allegations against him today. >> kelly wright is live for us in washington with all the latest details. good morning to you, kelly. >> gretchen, good morning to you as well. presidential hopeful herman cain will hold a news conference today to address the escalation of a scandal about his alleged cases of sexual harassment. a new accuser steps forward with new accusations that could derail cain's aspirations to become president. sharon bieleck with gloria allred at her side described how she met herman cain 14 years ago in washington, d.c. when he served as president of the national restaurant association.

she says her fiance referred her to cain for seeking a job. he upgraded her hotel room to a palatial suite and she gives lurid details about her encounter with herman cain in a car. >> he put his hands on my leg, under my skirt and reached for my genitals. he also grabbed my head and brought it towards his crotch. i was very, very surprised and very shocked. i said, what are you doing? you know i have a boyfriend. this isn't what i came here for. mr. cain said, you want a job, right? >> herman cain appearing on the jimmy kimmel live show said he would not discuss the firestorm on that show until he holds a news conference later today but he did offer some response. >> at least it wasn't one of the many that have the first name anonymous so now this one had a name and a face so we watched to see what it was and who it was. >> and so herman cain is faced

with yet another distraction as he continues to pursue republican nomination to become president of the united states, that is something that he will have to deal with in that news conference, try to put these distractions aside and keep moving forward. when is the last time we heard him talk as a matter of fact about 9-9-9? >> very good question. >> i have a good question for you, i understand you have a connection to another huge story today. that's the passing of joe frazier at the age of 67. he was not only a boxer. after ali-frazier three, he said i'm going to retire and boogie, boogie, boogie. did you headline some shows with him? >> actually, i headlined at the cotton club back in the early 90's. 1991, 1992 and actually mr. frazier was a frequent guest of ours at the cotton club. we loved having him there. he was a very nice, cordial young man. for all of the choir, he was very down to earth. very approachable, very accessible and he liked my music so i was happy. >> no kidding. that's what he wanted to do.

he wanted to be a singer. do you have any idea where his musical talent was? >> well, you remember he had the group joe frazier and the knockouts and he sang songs like "mustang sally" and he got out there quite a bit and was able to dance and sing and had his group and try to make an attempt with his music as well with something that he always had a penchant for doing, he loved music which is why he frequently came to the cotton club. he actually loved the owner there. and loved the atmosphere that we had there in harlem so he just really a great guy. >> you're a great guy. who knew you were a headliner at the cotton club? and now you're doing our headlines from d.c. kelly, thank you very much. >> you're welcome. >> thank you. >> thanks for sharing your memories of joe. >> let's go back to the political landscape to tell you about the most recent poll that's out now for the g.o.p. contenders. this a new "usa today"/gallup poll and even after the allegations, a full week of them, maybe even 10 days against herman cain for sexual harassment, look at this. he's still tied for the lead

with mitt romney. they both get 21%. >> what is not shown there is that newt has 12. he had been as low as 4 so he's making some real headway and you're absolutely right, gretch, this particular poll was done amid all these allegations and yet, it really hadn't taken its toll. in fact, he's actually herman cain, doing better than he did a month ago. according to gallup, republicans are inclined to give him the benefit of the doubt. 53% believe that the charges are probably not true. >> we'll have to see at the press conference today. now we actually have as you saw in kelly's report, a face of a person who is coming out and lobbying these accusations, you know, will that change the perception that the american public has? we'll see what he says today. >> because washington examiner has story of a possible fifth woman coming forward so we'll see if this gets any bigger. >> all right. let's do the rest of your headlines for a tuesday. today, big day in ohio. voters will decide whether to keep a new law that limits, i

believe it's public unions' collective bargaining rights. the bill was signed into law last march by governor john kasich. if overturned, union workers would get those rights back. a recent public policy poll shows the bill being repealed there by a big margin 59% to 36%. over in mississippi, there's the controversial personhood amendment that's going to be voted on. the measure declares that a fertilized embryo that is actually a legal person and would ban all abortions in the state and almost all birth control as well, i believe. a shakeup inside the white house. president obama's chief of staff, bill daley no longer running day-to-day operations in the west wing by himself. many of his duties will be handled by senior obama advisor pete rouse and while it's unusual for a chief of staff to relinquish part of the job, white house officials insist it's not a demotion. he will continue to serve as ambassador for the president, managing relations with influential outsiders. attorney general eric holder in the hot seat today testifying before a congressional committee

on operation fast & furious. the government's botched program that allowed thousands of guns to land in the hands of mexican drug gangs. holder was -- has not testified about this case since may. 34 house members have already called for mr. holder to resign along with the national rifle association. soda fizzling out already? a new study in the archive of pediatrics medicine said students in schools with sodas consume as many drinks as schools without those restrictions. teens between 14 and 18 years of age get more calories from soda than any other single food or drink and those are your headlines. >> wow. >> i guess they're going to get it no matter where they get it from. >> if you were out on one of the freeways north of new york city yesterday. >> rockland county. >> rockland county and you were wondering why isn't the traffic moving? we've got the answer for you. there was a guy who was fed up with his local government and he

decided what efsz going to do, that's michael davit, who has been described as clearly troubled, he drove his van to the bridge, the middle part of it, lowered a rope ladder and then tied up traffic for miles. he thought the local government was in for him. >> he said he's been ignored and he wanted to get his story out. how he was laid off as a substance abuse counselor and he said it was a vendetta, i guess, and he wants his job back. no one was paying attention to him. so he thought i have an idea, let's hook a rope to the tappan zee bridge and pretend i'm going to jump. >> he's been protesting since 2008 when he lost his job, apparently, at nightly meetings in this county of new york state. that didn't give him the taejs -- attention that he wanted. i find it a little troubling that he was a substance abuse counselor. anyway, that's what his job was. now he's going to be in a little bit more difficulty. didn't he go up there about 9:30 yesterday and fell in the water about 2:30 p.m.

big problem in new york city. >> drinking out of a thermos. >> i wouldn't be surprised if somebody went over there with an axe and chopped the rope off and put him in the water. making traffic worse to get out of new york city. >>speaking of new york city, of course, the occupy wall street thing has been a big staple on the mainstream media. >> real tourist attraction. >> it really is. when i was on vacation last week, i saw some international people who said we thought about coming to new york but occupy wall street thing kind of scares us and you know what? in the beginning, occupy wall street started as a bunch of frustrated albeit unfocused people who were down there at zuccotti park but now, you know, you see more and more video snippets of people last night, o'reilly referred to them as leftie loons essentially. >> let's watch bill o'reilly. here's a little bit of what he picked up down there.

>> why would you do that? >> these are the only ones that harmed them. >> no good can come of this. nothing positive. you know, i'm -- look, nothing positive can come about unless you get rid of america. >> all right, see, here's the headline to me this morning. they're getting ready for the winter, folks. at least here in new york city, they're going to put up plywood, they're going to insulate it. they're going to -- this is going to be a shanty town down there come the next few weeks when it starts getting colder there. >> obamaville. >> you have to wonder what kind of permits one needs to apply for to do that. tea party had to apply -- the tea party had to pay thousands of dollars for permits to do their rallies in cities all across the country, different than this kind of a rally but so

far, it's to my knowledge, this group has not paid any permit fees. you have to wonder how they can build homes down there to get through the winter. >> by the way, there's this one story in new york city, nothing worse than harassing small business people who work 20 hours a day to make their business work. they tell the story every day at 5:00, they have to now lock their doors essentially because some type of crime takes place. over the last two weeks, they've ripped out the sink. they've ripped out the toilet. they destroyed her store and another guy came in there demanding free water. now, all these other businesses are hiring private security and lessening their hours in order to protect themselves against those people camping out in the park. >> in occupy portland, oregon, yesterday, there was a near riot because they didn't -- they ran out of bread sticks. now, the good news for people down at zuccotti park is crosby & nash apparently will be playing a concert, an acoustic concert down there sometime real soon. >> are you kidding? >> this afternoon. a number of leftie performers and stars have been down there. don't make the mistake kanye

west made, though, he went down to protest, you know, big business and everything, he was reportedly wearing a $350 shirt. >> part of the evil 1%. >> all right. we'll keep you posted on all the activities with the occupy group. coming up next on the show, we'll go inside the debt slashing super committee. who or what is holding them back from making the cuts they need? will they make the cuts before november 23rd? >> yep. and what do those two really think about the israeli prime minister? president obama and nicolas sarkozy caught on an open mike! details straight ahead. we'll be right back. i habe a cohd.

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still, there's no word of a deal, imminent or pending but are there signs of progress? insiders say now, even though republicans oppose raising taxes, they're not against raising revenues, two very different things. here with us right now to talk about that is the editorial board member and senior economics writer for "the wall street journal", steven moore. what's the difference between those two things, steven? >> well, republicans are saying, brian, that they will not go for any tax rate increase so any idea of raising tax rates on the rich or raising tax rates on anybody is out of the picture. what republicans are saying is look, if we reform the tax system and bring down our business tax rate and bring down the individual rates and get rid of some of the loopholes which is something i'm very much in favor of, very much reforms the tax system, that will grow the economy and create more revenues. that's what republicans put on the table but this frustration of the republican back talk to that committee is all the democrats want to talk about is tax increases. they haven't virtually put any

spending cuts on the table and the latest deal the democrats have offered the republicans is less than $1 of spending cuts for every dollar in new taxes. that's very enticing to conservative republicans. >> i don't like the fact that they're both on each side and handing each other's proposals. i thought the whole thing was sitting around a round table and having a brain storming session but it's not working that way. you say, i remember simpson bowles. they said there would be $2 of cuts in their recipe for success for every dollar of new taxes. the democrats were offering if you're going to cut a dollar, i want you to raise a dollar in new taxes. >> right. even worse than that, you know, the republicans i talked to yesterday said it's more like $3 of new taxes for every $2 of spending cuts. and a lot of the spending cuts are out in the future. look, here's the issue here, brian, we have $10 trillion of debt forecast over the next decade and this is supposed to just cut the first trillion of that debt and my feeling, brian,

and i think a lot of the people i've talked to is if they can't get together and cut the first trillion dollars in debt, that should be the low hanging fruit, right? how are they going to get to the other $9 trillion? we have to cut the balance of this budget. >> this question is half political and half economic. do you think the president of the united states could get this economic deal done by putting political pressure on the 12? could he do it in a way that would force him to abide by this deadline? >> yeah, he could, brian, but that's another big problem. you just put your finger on. the president has been simply absent without leadership on this. he actually wants this super committee to fail even though he is the one who created it two months ago during the debt fight because he wants to run against "a do nothing republican congress." and if they get this deal done, he can't say they did nothing. so it's a very cynical approach. it's actually, you know, he accuses the republicans of putting politics ahead of country. on this super committee issue, bringing the debt down right now, he's putting politics ahead of country. >> i hope your theory is wrong,

steven, because we got to get this done. and i hope that deadline is real. >> i completely agree. it's very sad that they can't get the first trillion dollars of cut out of a $40 trillion 10 year budget. >> thanks for making the effort. as we get close to the deadline, we'll have you back. we move ahead, the government can't seem to get it done. coming up, we want to help you find a job. we have the top five companies hiring this week. plus meet the border patrol agent sent to jail by the justice department for being too tough on an illegal immigrant. he says eric holder should be the one fired. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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>> welcome back, everyone. in 2001, then border agent gary brugman was chasing down a group of drug smuggleers, after catching and hand cuffing them, he threw one of them uncooperative smugglers to the ground. that landed him in prison for 21 months because the government claimed it violated the smuggler's human rights. it's similar to the case we've been telling you about. the ex-border agent joins me now for a discussion of what's going on with our border agents. good morning to you. >> good morning. how are you doing? >> just fine. i know it's painful for you to discuss how this all went down back in 2001. i know that you believe and many others do that you were doing exactly what you were taught to do as a border agent. >> yes, ma'am, absolutely.

we -- agent diaz and hernandez, we all did exactly what the border patrol taught us. >> so in this case, you used one leg to push down the person trying to smuggle his way into this country and that was a civil rights violation? >> that's correct. i chased a group of about 15 illegal aliens for about a mile and a half. and they didn't have narcotics on them. they were just illegal aliens and a trainee rookie agent had the group and didn't have the situation under control. two that were behind them were getting ready to run so with my foot, i did what i was trained. i put my hand on my weapon, covered my weapon and used my leg as an extension of my arm and pushed him from the squatting to the sitting position and that was it. however, six weeks later, i had an altercation with a narcotics smuggler who was sentenced to 57 months. this guy body slammed me on the ground and was trying to choke me out and he ended up with a

broken nose and they used him to prosecute the other case. >> you end up going to prison for 27 months. it sounds a lot similar to the case we've been covering on "fox & friends" of jesus diaz who is serving two years in prison because he violated the rights of a 15-year-old alleged drug smuggler. what do you make of the cases against united states border agents? >> you know, gretchen, the united states government doesn't have a good track record of protecting its agents. they give us all this training. they train us with repetition and cuff control and every technique there is, they put us in the scenarios at the academy, god forbid you you -- use that training in the field, you're a bad guy. you must have done something wrong. you're not supposed to survive what they put you in. >> i know you're in contact with agent diaz's wife, diana, she's been on our show as well. what is she telling you most recently? >> well, right now, we're trying to figure out what's going to happen with agent diaz.

he's still at the valverde county detention center and they're going to be moving him, i'm not sure when and i'm pretty sure they're going to take him out of state but they got a lot of things going on with that case. >> let's talk a little bit about attorney general eric holder. i know you see an interesting irony here in the fast & furious operation. what is it? >> well, like i was saying, the border patrol and the federal government gives you all this training and they want you to do this job and they don't allow you to do it but they go out and give the cartels firearms so they can come up and kill you. i don't understand why agent terry had to die. he didn't deserve to die. just like agent diaz don't deserve to be in prison. there's no reason he should have been out there with a bean bag gun. the border patrol's nonlethal force policy is ridiculous and anybody involved in that whole fast & furious operation has got to go.

the department of justice and the homeland security right now are probably two of the most corrupt agencies the government has. >> uh-huh. you heard that from gary brugman who has been my guest here interestingly enough, the attorney general will be testifying about fast & furious on capitol hill later today. gary, thanks for your time this morning. >> my pleasure, gretchen. >> coming up on "fox & friends", the cameras were off but the mikes were still on. president obama and nicolas sarkozy caught complaining about the israeli prime minister. we'll let you know what they had to say. then the deal or no deal women are here and they don't stay in shape by holding a briefcase. my goodness, they're with brian and here to share their secrets. they have a deal for them!

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>> check out your shot of the morning. >> whoa! >> watch this, a deer apparently craving some fast food at the same time scaring dozens of customers at a taco mac restaurant in georgia. luckily for the diners, the deer stayed 15 sections before scampering out the door. later across the street, the deer ate venison. not sure if that story applies here. >> watch him come through that door. that's amazing. >> you know what? because the woods are still crowded. the deer has to run into the stores.

>> there are a lot of deer around right now, i'll tell you that. >> what happened to the parking lot? >> they should sing about that. >> they've been doing that since the 60's. time for headlines for you on this tuesday morning. residents in oklahoma can't seem to catch a break. first, earthquakes a couple of days ago and then aftershocks and now a tornado, check out this one in the town of snyder, oklahoma. the tornado destroyed several buildings only adding to the devastation left behind after saturday's magnitude 5.6 quake. so far, thankfully, no immediate reports of any injuries. >> the f.b.i. now joining the search for a missing 2-year-old boy from washington state. he disappeared on sunday after his mother noticed the boy missing from her car. she ran out of gas and left him behind while she went to look for help. police aren't sure if the boy left on his own or if his own mom or dad are somehow involved. they're currently going through a divorce. there was no amber alert issued leading many to believe the boy was not in fact kidnapped. the father has agreed to take a

lie detector test as police and the feds continue their search. >> michael jackson's dr. conrad murray felt guilty yesterday and if you want a behind-the-scenes look for the preparation of the trial and shocking secrets about jackson, look no further. dr. murray is telling all in a new documentary film project that he signed on to back in 2009 shortly after jackson's death. it's unknown how much money he'll make from selling the rights to the film or exactly when it will be on the air. >> have the attorney at 8:00. >> an open mike catches president obama and french president nicolas sarkozy in the middle of a catty conversation about benjamin netanyahu. reporters allegedly overheard what was supposed to be a private conversation at the g-20 conference so sarkozy reportedly told president obama "i cannot stand him. he is a liar." to which obama replied, you're fed up with him. but i have to deal with him every day. no comment. >> that's incredible and devastating.

>> no comment from the white house. >> fantastic. monday need football, important game for the chicago bears and the philadelphia eagles. dare i say a must win? tied at 17 in the third. mccoy, he's good, and he's elusive. when he's in the open field, you can forget about it. 21-17 the eagles would go up. let's fast forward to the fourth quarter. bears trailing. jay cutler, touchdown! 27-24 bears. time running out in philly. you're exhausted but somehow you're trying to stay awake. let me tell you what happened. if you nodded off. they can't get to the first down marker. bears hold on to a 30-24 victory. eagles dropped to 3-5 on the year. maybe first place is out of reach. by the way, coming up unrelated on the radio a little later, andrea tantaros, gretchen carlson, jennifer griffin, ambassador john bolton, and betsy nagler all in a three hour broadcast. and hopefully your local stations. >> few things to talk about. >> yes, we will. >> meanwhile, before we get to

the forecast, you should know our planet will have a close encounter of the asteroid kind. a giant asteroid tonight at 6:25 eastern time. asteroid is the size of an aircraft carrier. now, be forewarned, if it hits the earth, it would cause a magnitude 7 earthquake and a 70 foot tsunami but don't worry, no danger. the earthquake will pass 202,000 miles away from earth. that's ok with us. meanwhile, take a look, we got some widely scattered thunderstorms all the way from the great lake states through the mid missouri and mississippi valley at this hour. it's dry across the eastern third and western third of the u.s. of a. it is bitterly cold already. look at rapid city, only 19 right now. they got 32. it's freezing out in boulder. 30 in provo. much better here in the eastern third. we got 55 here in the new york city area although it's cooler in the mid atlantic. right now, raleigh only has 41 degrees. later on today, things are going

to warm up, approaching 70 across much of the ohio valley and the big northeastern corridor cities as well. almost 70 in raleigh durham. about that for atlanta and a little warmer than that there in memphis, tennessee and meanwhile, along the banks of the gulf of mexico, temperatures will be in the 80's. 81 in both new orleans and tampa. then a lot of 70's across portions of texas. >> all right. that's your fox travelcast. gretchen, brian, over to you. >> steve, get over here. >> we're getting ready to do some pelvic circles. >> i heard that. and what is she talking about? >> i have no idea. >> the holidays are coming. that doesn't mean you have to pack on the pounds. that's what we're talking about. >> move your pelvis! that's right. deal or no deal girls are here to kick off their work -- kick off your workout and get your butt in gear. and get your model shape back. here to show us some moves are patricia kara who held case number 9, we'll remember. and pilar who held case number

14. welcome to both of you. >> thank you so much! great to be here. >> you're welcome. >> the theme of your workout is getting back into shape, correct? >> correct. >> are we assuming that -- ok, people have let themselves go. time to start. >> yeah. get up off your couch and get moving, stay fit. stay healthy and even if you already are fit like i mean, the fitness video is so amazing because regardless of what your level is, you can push yourself to whatever level you need to be or where you're trying to get. >> i think what makes this authentic is the fact that both of you have struggled with your weight. >> oh, yeah! >> wouldn't know it by looking at them now. >> put on a pound and a half. >> no. and our heart goes out for her. >> you said you weighed 25 more pounds? >> that was me. >> you, too? >> i didn't realize that. >> i gained 25 pounds. i would gain 25, lose 10. it would go back and forth, up and down, up and down. finally it's like enough of this. >> here we are. >> the thing, too, when your body fluctuates you need to find something that you're happy with, that you're comfortable.

i get really skinny, i'm only 5'3" and used to weigh 140 pounds. we laugh all the time. put my arms down. they are down, guys. they were just so mean, but once you find something that's realistic and comfortable, you'll stick with it. >> let's do some exercises. >> by the way, i want you to get some new friends, ok. >> they're being honest. >> it wasn't me. >> what are pelvic circle? >> it's a warmup and one of my favorite things and especially for women in heels, it loosens things up here and it's like hula hooping. >> is this for women? should i leave? >> i'm going to guess at what it is. >> let's see the pelvic circles. >> just going -- >> you can take it the other way, too, it's like hula hooping. loosen up your hips a little bit. >> right. can you stop judging me, please? >> i'm not judging. how does howie mandell deal with

you guys? >> there you go! >> getting some -- come on back. >> do some punches. punch it out and over. keep it moving. >> punch, punch. >> of feeling good. get revved up. >> do it, brian. >> you are doing so well. >> i lunge well but my pelvic thrusts are trailing. >> we'll give you a new one. >> you want to do a little bit of quick feet? >> let's do some quick feet. this is really for the glutes? >> this is 100% hard. >> she's doing it with heels. come on. >> and now to get into it. >> is this video full of you guys -- come on. >> get in there. this is hard. >> this is actually -- >> turn it to the side. >> this is a little bit -- >> yeah. >> ok. can you feel it? >> i feel it. >> i feel fantastic. >> you feel good? it's important. >> it takes 30 minutes. >> 30 minutes.

>> and you -- there's a beginners, intermediate and advanced and you can make it more challenges as you go along. listen to your body. >> and end up looking like them. >> right. quick question for you about "deal or no deal." we love that show in our house. what was it like during the breaks? he seemed like a riot. the contestants were lively. >> howie is the best. he makes fun of himself. he pokes fun at himself. >> the girls are a lot of fun. we used to pillow fight and wrestle at the back. >> we have some of that footage. >> thanks, guys. >> you got that footage? oh, no. >> hope you have big success. let's go over to steve. >> exhausted. >> just watching. you could have come over! you just sat there. >> it's ok. it's ok. >> the rundown said doocy, too. no deal. >> no deal. job well done. all right, coming up, the government can't create jobs but we have the top five private companies that is hiring this week. get a pencil and a paper. could find you some work. >> and the school district telling teachers you want a

raise? first, the parents have to say yes. but first, the pfizer trivia question of the day born on this date in 1966. this chef was once a professional footballer in scotland. who is he? be the first to e-mail us at friends at foxnews.com with the correct answer and we'll send you something real nice. [ 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. ford fusion has now been named the most dependable midsize car by jd power and associates. we go to kimberly.

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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 ] >> welcome back to "fox & friends." legendary penn state football coach joe paterno is going to hold his first press conference today since news that sexual assault allegations against former coach jerry sandusky and there are new calls for paterno to call it quits. bruce gordon from our affiliate down in philly is on campus with more. good morning to you, bruce. >> good morning. yeah, the paterno news conference is a regularly scheduled news conference that would be held under new normal circumstance. in this case, to talk about this saturday's contest against nebraska. this is senior week on campus and ordinarily the talk would be

all about football but of course, this is a different time and a different place here at happy valley as they normally call this part of the campus. paterno has already put and the university officials have already put the media on notice that they will be talking "primarily about this week's game." now, whether they will entertain any questions of any kind about the sex scandal remains to be seen. that's the real question as to whether he's going to answer any questions about this today. whether he did enough to try to stop this sex scandal before it got completely out of hand or whether he could have done more or should have done more is a question a lot of people on campus are asking and we don't know if we'll get any answers from the coach today. >> if we get some answers, we'll have them here on fox. thank you very much for the live report from penn state. thank you, sir. gretchen, brian, over to you. >> teachers' paychecks in some idaho schools may be in the hands of the parents? it's called the pay for performance plan and would allow parents to determine if their kids' teachers get raises. >> the goal is to reward teachers for hard work but opponents say it actually takes

money away from educators. let's debate it. idaho superintendent of public instruction, tom luna joins us right now. tom, where did you come up with this idea? what's the criteria? >> well, the pay for performance plan or the merit pay plan is the statewide opportunity for teachers in idaho to earn up to $8,000 a year in bonuses. but it's just one part of a very comprehensive. in fact, the most comprehensive education reform bills that have been passed in the nation. in idaho, this last legislative session, we eliminated tenure. we eliminated the archaic last hired, first fired practices. we limited collective bargaining to just salaries and benefits. all those negotiations have to happen now in open meetings and we reform the way we compensate our teachers. no longer in idaho are teachers just paid based on how many years they've taught and the amount of education they have. but now they have the opportunity to earn merit pay based on, for example, if they take on leadership roles in their district, if they teach in

hard-to-fill positions and also, if they teach in a school that has met high academic goals based on student achievement and part of that is parental involvement. we know how important parental involvement is and so it is -- it can be a factor in the amount of merit pay a teacher receives. >> it's very -- i mean, this concept is very interesting what you're doing out there in idaho so here are some of the ways in which the parents can be involved. is it true that you would require, then, of the teachers to make sure the parent shows up for the parent-teacher conference? is that part of it? >> well, understand, it's not the state requiring it. the state's part of the pay is part of the teachers, for example, some school districts have chosen to focus on reading in the third grade. others have chosen to focus on increasing their graduation rate. some have decided to focus on increasing the number of

students that go on to post-secondary education. and some school districts have decided to focus on more parental involvement as measured by parents attending parent-teacher conferences. >> my one fear was this and you seem to have aswaged me that, you might not take in lower achieving students because that would mess with your student achievement scores but you seem to -- you said you're going to set up the criteria after the parent-teacher meeting. >> well, and also understand, greg, that when we're looking at student achievement we're focusing on growth, not how many students can pass a test. that way when you look at growth, if primarily focuses on those schools that currently struggle because that's where the most opportunity for growth is. >> some parents are against this. i got to get this statement in there to make it fair and balanced here. so the co-founder of idaho parents and teachers together, idaho school districts will lay off teachers in order to give a few teachers bonuses that are based not on performance but nebulous criteria. your response? >> well, first off, i

understand where you may not understand all the parts of the bill having just heard about it but i would think that mr. lanza would if he's going to speak out against it. the group that mr. lanza represents gets their talking points, gets their information and their support from the teachers union. and the teachers union does not support merit pay. they haven't. every penny a too mucher earns has to sift through union's hands. >> it's a big discussion across the country. some interesting developments in idaho. tom luna, thanks for which sore your time. >> thank you. >> all right. coming up straight ahead, if you need a job, stick around. we're breaking down the top five companies hiring this week. then -- >> you remember when newt gingrich said about the super committee idea? >> i think this super committee is about as dumb an idea as washington has come up with. >> was he right all along? the former speaker who is running for president here live on the couch next hour. >> but first, on this day in 1956, "last train to

clarksville" by the monkees was the number one song. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

owe>> ok. gordon ramsey is the answer to the pfizer question of the day and debbie in oklahoma city got that right. happy birthday, gordon. meanwhile, take a look. do you need a job? well, a lot of people do and the holiday shopping season is under way and that means more seasonal jobs have opened up. cheryl casone from the fox business network is here with more. cheryl, let's start because christmas is coming. that means people will be shipping stuff and that means u.p.s. might want you to dress in brown. >> yes, i wore brown today. u.p.s. is the first company

today. they are looking for seasonal workers. a lot of them will be part time. you can make $8.50 an hour. they need a lot of drivers, assistants, drivers' helpers because they are so overwhelmed during the holiday season. they're looking for 6% increase in volume at least the week before christmas, the heaviest time for them. a lot of this is on-line shopping. people are going to be buying electronics, clothing, u.p.s. expects a lot more volume this year. they'll be hiring even more workers and they're based in atlanta but the jobs are across the country. >> very good. let's talk about axiom corporation. i understand they're looking for about 225 people. >> they basically help companies analyze all of their customer accounts and then work with their customers. they analyze the data of customers for like big fortune 500 companies. they are -- fortune actually rated them one of the top 100 companies to work for. they've got about 5,000 employees, depends on what you can do but a lot of it is kind of i.t., data management but they need salespeople as well.

if you can sell the software. >> let's talk about b.j.'s restaurants. they're looking for some people who can carry plates. >> yeah. i'll tell you what, b.j.'s restaurants, they've got -- they've already got 12,000 employees. they've got 115 restaurants but they'd like to get up to 300 restaurants. they're opening up new restaurants right now in ft. worth, texas and in anaheim hills, california, but again, this is a nationwide chain of restaurants. a lot of this is, you know, working in the kitchen, working at the front desk or, you know, greeting people, being a server, things like that. most of this is going to be hourly wages. but, you know, if you do wait on tables, you get tips and you have to take what you can at this point. >> absolutely because of the economy, a lot of people aren't buying new cars, they're buying used cars so carfax is looking for a bunch of folks. >> car fax is really hiring right now. they've got about 500 locations. right now, they need account managers, baltimore, allentown, beaumont, texas, little rock, arkansas and yes, i mean, they're going out and they need people that can analyze what dealers are selling cars for and also if you want to go to carfax

if you need to find out what your used car is worth, you go to carfax for that. again, it's i.t. but you can also do on the road sales as well. >> and finally, aarons is looking for some people. >> this is furniture. they do lease-to-own furniture. this is still a viable business. it's not just furniture, it's outdoor furniture. they need sales and they need managers. it depends what you do but you can make -- even if you're a delivery driver, anywhere from $9 to $11 an hour delivering the furniture and delivering whatever and you can also make if you're a manager between $26,000 to $38,000 annually if you want to actually run the stores and i have to say really quick, we've been getting a lot of e-mails. one of our "fox & friends" hires got really close at the end with one of my companies last week, didn't quite have the resume there. so close. if you get a job, please e-mail us. e-mail the show. >> absolutely. all right. cheryl, always a pleasure. thank you very much. we hope you help somebody out there find a job. all right. meanwhile, straight ahead, a major vote in mississippi today banning all abortions no matter what. laura ingraham will weigh in on

that at the top of the hour. then what really went down during the bin laden raid. coming up, the former seal commander who pieced together every piece of the story including things you have not heard yet. stay with us. so who ordered the cereal that can help lower olesterol and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios.

>> gretchen: top of the morning to you. it's tuesday, november 8. thanks for sharing your time. i'm gretchen carlson. major changes inside the white house. the president's chief of staff stepping back from some of his main responsibilities. we are live at the white house moments from now for an explanation. >> steve: remember what newt gingrich said about the super committee? >> i think this super committee is about as dumb an idea as washington has come up with. >> steve: a funny line, but was he right? is the super committee now headed for super catastrophe in the republican candidate for president newt gingrich joins us live in moments. >> brian: okay. president obama and french president sarkozy grumbling about netanyahu on an open mic.

their description of netanyahu not good. "fox & friends" starts right now. >> steve: well, election 2012 just one year away. it's election 2011 right now. >> brian: yeah. one year away, but you would think it's tomorrow. we have a debate tomorrow night. we have the iowa caucus within 60 days now. and a lot of controversy around one candidate in particular. >> gretchen: we'll be talking about all that with laura ingraham moments away. first, let me bring you up to date with your headlines. herman cain announcing that he will respond publicly to new accusations of sexual harassment. he's hold ago news conference in scottsdale, arizona later today, one day after accuser and her attorney democratic party donor gloria allred held their own news conference and she accused her of harassing her 14 years

ago. she was on the jimmy kimmel show. >> he put his hand under my skirt and grabbed my head and brought it to his crotch. >> at least it wasn't the many who have the first name anonymous. so now this one actually had a name and a face, so we watched to see what it was and who it was. >> gretchen: his news conference is scheduled for 5:00 p.m. eastern time today. attorney general eric holder in hot seat, testifying before a congressional committee on operation fast and furious. the government's botched program that allowed thousands of guns to land in the hands of mexican drug gangs. holder has not testified since may. 34 house members called for holder to resign, along with the national rifle association. jail officials are keeping a close eye on dr. conrad murray. he's on suicide watch and will stay there until he's sentenced on november 29. he faces four years hyped bars for the death of michael jackson. coming up later this hour, conrad murray's attorney will be

here live to talk about that verdict. we want to know, would he change anything about the way he handled the case. boxing legend joe frazier died after fighting liver cancer. he was diagnosed a few weeks ago and his health took a turn for the worse over the weekend. he was known as one of the fiercest fighters to step into the ring. he will be remembered as the one boxer to defeat mohammed ali. he fought two more times, including one in manila which ali won. ali issued a statement saying the world has lost a great champion. i will always remember joe with respect and admiration. my thoughts and prayers go out to his family. joe frazier, 67 years old. >> brian: heavyweight that couldn't be nicing to anyone he met and especially in philadelphia and he was just in las vegas a few weeks ago signing autographs. this was really quick.

>> brian: the white house saying it's not a shakeup, but president obama's chief of staff, diel bailey, no longer running day-to-day operations by himself. wendell goler live now with the details. hey, wendell. >> hey, brian. the white house denies bill daley is being replaced, but officials say he has asked deputy chief of staff pete roust to pick up and say it's working, though it's hard to see progress given daley's problem was said to be congress and the inability to get legislation passed. daley took over as chief of staff from rows in january, race named when rahm emanuel stepped aside. since then, president obama has done little more than butt heads with congress, almost no legislation has been passed. in fairness, republicans now

control the house, but the white house also had trouble keeping democrats in the senate in line. daley spoke out about that last month. white house press secretary jay carney defended him. >> there is no question that democrats haven't agreed or some haven't agreed with every position the president has taken on every issue. we certainly saw that during the debt ceiling crisis where the president was willing to make some political -- tough choices that would have been challenges for him within his own party in the effort to get a grand bargain with the speaker of the house. >> daley, the former commerce secretary in the clinton administration, a banker and brother of former chicago mayor richie daley, he really doesn't have any experience on capitol hill. rouse was tom daschle's long time chief of staff. he was known as the 101st senator. he then, after daschle left, served as then senator obama's chief of staff, so working with

lawmakers, something he's familiar with. brian. >> brian: thank you very much. to talk about this and so much more, let's bring in laura ingraham. the chief of staff that was supposed to bring business savvy to take over for a very hands on rahm emanuel, it seems as though their relations with congress were getting so bad, they needed to bring pete rouse in. what do you hear? >> first of all, i never believed the story about you and marsha. >> gretchen: you have no know that's the third time. there is some sort of a trend going on here. >> i never believe that story and i love the hawaiian vacation story. i think you came into your own on that one. on the rouse issue, he knows how it maneuver in congress. i kind of like his image because he has this crumpled, rumpled, you really know how to read him. he's like this kind of looming presence in the white house. i think this is kind of the revenge of rahm, that's what i

call it. because when we had daley do that sideswipe on rahm emanuel, well, he wasn't exactly the most well loved on capitol hill, i don't think rahm emanuel ever forgot that and the fact that rouse is stepping in now, i think it's a sign that the obama administration is getting a little serious. >> gretchen: why not just fire bill daley then? >> they don't fire anyone. no, no. they don't fire anyone in this white house. that's too much drama. that's way too much drama. i think they do it the way they do a lot of things. the surface is all is well, they're just exchanging some responsibilities, expanding his portfolio. in the end, you really realize that daley is probably really ineffective and yet they don't want to say so because if you say so, then that's an implicit confession that things haven't been as smooth in the white house as they would have had us believe. >> steve: absolutely. the white house is going to be keeping an eye on a couple of states because they've got ballot initiatives. we'll talk in a moment about ohio. first, in the state of

mississippi, they've got essentially a life begins at fertilization bill on the docket for folks to decide upon. >> right. it's a life begins at fertilization and conception and a lot of pro-life people say this is great, this is the beginning of this national conversation about when human rights acue to an individual. that's good in that respect. i think other folks who are also very pro-life are concerned that right now in the supreme court, this thing would probably not get upheld once it passes as we presume it will in mississippi. so there is some question about the timing of this, whether this is the right time. but look, this has been a long road since roe versus wade and this is the kind of stuff that happens when the supreme court comes in and takes these decisions away from the people. >> gretchen: let me get some understanding of this. because of the fertilized embryo, that means people who try to get pregnant view invitro would not be able to do that in

the state of mississippi and it will affect some birth control methods. >> they say that it wouldn't apply to that, but i think that the issues you're raising is exactly the kinds of things that may perhaps governor barber a little uncomfortable with the road this was going down. but nevertheless, the people of mississippi seem to like this measure. i think it's going to pass handily. it goes back to that fundamental question, whether the states really have the right to determine these issues for the people of that state, where someone in a state in california, people in california clearly wouldn't go for something like this. we'll see how it plays out, but i don't think the supreme court today would uphold this particular ballot measure. >> brian: marsha, i'd like to bring your attention to the -- >> i'm jan. i always liked jan better. she had better hair. >> brian: that's true. >> steve: he could have called you alice. >> i'm almost there.

>> brian: alice did all the work. sp 5 coming up. tell everybody why this is so significant for not only governor kasich, but maybe the next election. >> a lot of people are thinking, and i think it's a good bet, that this could be a referendum on how brutal this battle will be for the white house next year. ballot measure that will overturn the senate bill which limited collective bargaining rights of unions. kasich followed after the wisconsin battle. remember the takeover, wisconsin state buildings, the state house and it was kind of occupy wisconsin back then. and then kasich, he turned around and said this looks pretty good for our state. our state is really hurting for small businesses. this will give us an edge to get more flexibility for small businesses. the unions put an enormous amount of money in this. the white house clearly supporting what's going on in ohio right now. and they think if they can win this battle, steve, that this will turn the union issue into a primary driving force for this election in 2012. i have think conservatives and

republicans better pay big attention to whether the right public relations campaign was run in ohio to protect that senate bill. >> steve: there you go. >> gretchen: if you can't see a monitor, you have no idea what we've done here. >> oh, really? as long as i'm not in the middle, fine with me. >> brian: we're missing one guy ask one girl. >> what the heck. don't we have a weather person we can bring into this? >> steve: always a pleasure. have a great week. >> take care. >> gretchen: coming up on the show, newt gingrich didn't hide his feelings about that so-called super committee. >> i think the super committee is about as dumb an idea as washington has come up with in my lifetime. >> gretchen: is it just a joke or is he actually right? was it a super catastrophe instead of a committee? newt gingrich live next. >> steve: then he goes by graham, as in the cracker, he said.

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>> gretchen: it's almost the deadline, november 23 looming for the congressional super committee to cut $1.2 trillion from the nation's deficit. gop presidential candidate newt gingrich didn't hide his feelings about what he thought about that so-called super committee getting the job done. >> i think the super committee is about as dumb an idea as washington has come up with in my lifetime. the idea that 523 senators and congressmen are going to sit around in 12 months while 12 brilliant people, mostly picked for political reasons, are going to sit in some room and brilliantly pick $1.2 million and force us to choose between gutting our mel tear and accepting a tax increase is irrational. >> gretchen: was it a funny joke

or was it both? was he actually right? could if be a super catastrophe instead? here with reaction is 2012 presidential candidate newt gingrich. it wasn't a joke, right? >> no. look, as a former speaker of the house and somebody that balanced the budget for four consecutive years, the only time in your lifetime that happened, i think it's just a very bad idea. i think that this whole approach which maximizes politics, allows people like senator chuck schumer to grand stand, has the democrats demanding more taxes for bigger government or they won't play, and then has republicans demanding no tax increase so they can protect the economy, which is already extraordinarily weak, it's exactly backwards from the way you ought to be doing this. we're about where i thought we'd be. >> gretchen: funny you should mention senator chuck schumer. here he is. >> you don't do any revenues, you won't get the grand bargain that gets the deficit down, just as if you didn't do spending, you couldn't come to a grand bargain that gets the deficit

down. >> gretchen: interestingly enough, mr. gingrich, reportedly gop lawmakers are talking a lot about raising revenue and still sticking to their no tax pledge through different vehicles. have you heard about that and would you agree with that? >> it depends what they're trying to do. if all they do is have some kind of phony tax reform that's really a tax increase, i'd be deeply opposed to it. on the other hand, if you allow the development of oil and gas offshore, that produces royalties to the federal government by the hundreds of billions of dollars. if they propose to put people to work, that's the number one step toward getting people back to work 'cause that means more people paying taxes and fewer people getting unemployment, food stamps, medicaid. you have a double win, less spending, more revenue. if you want to open up federal land. we own 69% of alaska. that's 1 1/2 times the size of texas. if you allowed an area the size of texas to be developed, you could generate hundreds of billions of dollars in new revenue. i'm for new revenue. i'm against higher taxes.

>> gretchen: all right. one thing that you were for the other night was an honest debate with no gotcha questions with herman cain and you were supporting him with regard to the sexual harassment scandal that has embroiled him for the last ten days. what do you take now away from the situation that we actually have a face of an accuser as of yesterday and the fact that mr. cain is going to hold his own press conference later this afternoon? what should he do now? >> i hope he's going to do the right thing. when you have somebody come out in the open as be a identifiable person, he has to answer the allegations and he has to be prepared to answer those questions. i hope this afternoon he will do so fully and fairly and thoroughly. i like herman cain, but i think he does have to answer the allegations. >> gretchen: let's talk a little bit about the gingrich boom because a lot of people -- well, a lot of people have said for a long time, look, don't forget about newt gingrich because he

is going to be a formidable contender in this entire race. look where you are in the polls now. if the caucus were held today, it would be herman cain, 22%. newt gingrich, 18%. romney, 15%. i know you called your campaign the tortoise campaign that you're inch up and moving up, but why is this? >> well, i think that we have gone forward one step at a time. if you go to newt pin org, you'll see more substance than any other campaign in modern times. 21st century contract with america being developed. we have an entire project on executive orders to fundamentally repeal much of what obama has done by his executive orders. i think as people looked at a proposal for a personal social security savings account for younger american, by replacing the epa with a environmental solutions agency, developing a new 21st century food and drug administration to help us move new medicine and new technology from the lab to the patient as rapidly as possible, i think they just like the idea of somebody who is really trying

to develop real solutions and who focuses on talking about solutions. i don't bicker with other candidates. my other opponent is barak obama. >> gretchen: you also plan to take part in all the debates because you usually do really well at them and there is another one coming up tomorrow night. let's talk about another boom that you have 'cause you have another book out. you write more books than anyone on the planet and you do it well. the latest one is the fourth in the series about the civil war "the battle of the yeater". >> i feel particularly being on this show, when ellis the elephant came over and sat next to brian and calista was there, you really helped them launch that to the "new york times" best seller. i think this will be another well received book. the yeater is about a largest use of african-american troops in the virginia campaign. it was an idea developed by pennsylvania coal miners who thought that they could tunnel under a confederate fort and

blow it up and it got very complicated because of personality rivalries among union generals. it's a great story. >> gretchen: we'll look forward to another book. got to wrap it up. "fox & friends" right back. campbell's microwavable soups. in three minutes -- the deliciousness that brings a smile to any monday. campbell's -- it's amazing what soup can do. is the pain reliever orthopedic doctors recommend most for arthritis pain, think again. and take aleve. it's the one doctors recommend most for arthritis pain... two pills can last all day. ♪

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>> brian: on may 1, navy seal team 6 killed america's number one enemy, osama bin laden. our next guest says we do not know the whole story. former assault element commander for seal team 6 himself and author of "seal target geronimo" , chuck farrar. thank you for joining us. >> thanks for having me. >> brian: the actual attack, you say, and this is brand-new to everybody that i know of, that a chopper landed on top of the building. they entered into bin laden's layer from the top. >> that's correct. the crash occurred after the assault team was successfully

inserted onto the roof of the building. >> brian: did they need explosives to get once in the building? >> there were barriers inside the building on the staircase. the assault element that inserted onto the third floor was able to make it onto his terrace, into his house, and these events occurred just about as fast as i can tell you. they're in the hallway, going to the end of the hallway. bin laden's son is making it up the stairs. he was engaged. hall door pops open. mr. bin laden sticks his head out, slams the door. team guys reverse, set up on the door, and they're in to get him. >> brian: people intimately involved with this operation and have been written up in things like the new yorker magazine, said they landed on the ground, the chopper hit the ground first, and almost compromised the mission. they worked their way up and he was dead within 15 minutes. you're telling me the accounts that we read, even though the sources seem strong and there were so many feeds into the pentagon, into afghanistan and everywhere else, you're saying

that your account is right? >> the sources for that article were actually political. they're all political sources. none are operational sources. and also when you judge these two narratives, okay, which one sounds correct? two helicopters coming in, the lead helicopter goes down for ground fire, gets lost, loses lift, whatever. why doesn't second helicopter divert and land outside the target? why don't they land on the roof of the number one building? right there it has something that doesn't make any sense. you landed the assault force outside the building, so they have to blow their way through the walls, into the doors, fight their way up three flights of stairs, then shoot a woman and a man in their bedroom? okay. that's the narrative that's been allowed to stand. it's false. the true narrative is they hit the roof as expected, down. mr. bin laden was out in 120 seconds and the point of the mission was over in three minutes or so. >> brian: i talked to people intimately involved with the operation and they say you're wrong and they say even though you have a seal team background,

that the thing that's closest to the actual account is the new yorker magazine. they landed on the ground, it crashed first, and one other element of it, the set-up, says absolutely not using that courier as a set-up. >> i beg to differ. and i'm willing to bet you a piece of pizza and a beer the spokesman that you're talking to -- first of all, they're not special operations guys. >> brian: i didn't say spokesman. >> okay, well. their sources are wrong. i'm also willing to take -- let's take a longview here. two, three, four years, when this mission does declassify, you're going to see this is what happened. it's tactical waddle to think that the second helicopter didn't land on the primary spot after the second one diverted. >> brian: meaning the roof? >> the roof. >> brian: what makes you think the primary spot was the roof and not on the building? >> it's like walking around gettysburg -- >> brian: you realize it took

five years to follow that courier. they put him out in front in order to take over the organization, which he's afraid to run? >> he is not afraid to run. he's done that in every organization he's ever been in. when he first was associated with bin laden, he set up sheik isam. it's likely zawahiri set up khalid shaikh mohammed. this guy is a ruthless inside the zone killer. as far as using that -- taking five years to follow, absolutely. but plaza herery can read english, he reads every book there is on khalid shaikh mohammed. he sees in print the name of his own courier. but he still continues to use the guy. not only use him, but give him a truck with a rhinoceros painted on it to go back and forth to the compound. he set him up. >> brian: that's what you believe. i appreciate you coming in here and talking about the tough questions. i will say i know people intimately involved with this

that say this is not -- >> i will tell you this, if you're a pokesman for the pentagon, you've got to say what they tell you to say. this is what happened. >> brian: okay. thanks so much. good luck with your book and thank you for your service to the country. >> thank you. >> brian: coming up straight ahead, next on the run down, caught on open mic, what the president allegedly said about israel and senator john mccain's response. israel's prime minister, i should say. then, he goes by graham as in graham cracker. this is aspiring politician was told to take down the signs because they're offensive. are you kidding? [ male announcer ] every day, thousandof people are choosing advil®.

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>> steve: wake up, folks. it's the time half hour of "fox & friends" for this awfully busy tuesday and we're joined by senator john mccain. good morning to you, sir. >> good morning, gang. how are you? >> steve: we're doing okay. >> you look good with that exercise thing, especially you, gretchen. >> gretchen: oh, i'll take a compliment from anyone. thanks so much. let's get on to something else that's happening because we had the president of the united states and the french president caught with an open mike speaking ill of the israeli prime minister, benjamin netanyahu. let's take a look at what was said, sarkozy said, i cannot bear netanyahu.

he's a liar. and president obama apparently said, you're fed up with him? i have to deal with him every day. your reaction, senator? >> well, obviously i would probably fire some aides that allowed that to happen if i were in their place. perhaps as importantly, it really is indicative of the attitude and policies that this administration has had towards israel. i happen to be a great admirer of prime minister netanyahu. i've known him for years and israel is under more pressure and probably in more danger than they've been since the '67 war and that kind of comment is not only not helpful, but indicative of some of the policies towards israel that this administration has been part of. >> steve: i saw on one web site, i don't know for sure if it's accurate, but they were talking about it. there is some suggestion that because this happened, three, four, five days ago, they may have -- somebody may have

asked -- the press overheard it. let's keep this on the down low. but eventually a couple of web sites broke it. >> yeah. things come out. let me point out again, the obama administration started out with a demand that for negotiations that the israelis freeze any new settlements, while not demanding anything from the palestinian side. and no one, not even most ardent supporter of the president can view the issue of israeli-palestinian issue and peace in the region as anything but a total failure as part of this -- on the part of this administration. >> brian: i just don't know how those two personalities get past this, being that it's caught on record and thought to be authentic. >> the french have always been like that. in fact, with their vote in the united nations recently indicates that. but certainly the united states policies in the past have not --

or attitude toward israel has not been that -- we're mourning the death of joe frazier. >> brian: you were a boxer yourself. people aren't even going to forget and hopefully people that didn't grow up during those times will understand how much he meant, especially in the late '60s and '70s. let's talk about defense. you were really worried as many people, that the super committee is going to fail and cause the destruction of the pentagon's budget. what's going on with that? is there a fight to avoid the sequester with the super committee? >> i think we have to make plans to try to reduce or even eliminate those cuts. other cuts are already being enacted in defense spending and in the view of the secretary of defense, every military leader, every national security expert that i know and respect is that this would emasculate our national defense capabilities. so we just can't do that.

congresses cannot bind future congresses. lindsey graham and i and others are working on a plan that maybe we could enact further savings and efficiencies, but certainly not the kind that are envisioned by the sequestering action if that eventuality should arise. we simply can't afford it. we live in too dangerous a world. >> steve: senator, there is an item on op ed page of the "wall street journal" on saturday that said the last thing that the president of the united states wants is for the super committee to be successful. >> i think when you look at some of the comments and behavior of the democratic leadership that they feel it would help them politically if it fails. i want to emphasize that i think all republicans or certainly almost all of us believe that tax reform, by not raising taxes, but closing the loopholes, cut the rate from 35

to 25, and close the loopholes, that would be revenue neutral, but over time, would generate dramatic increases in revenue peace it's a fair and simple tax code that everybody could understand and support. >> gretchen: speaking of potential defense cuts, let's talk about the pentagon because apparently you get what you pay for in this particular situation. counterfeit computer chips from china could be causing our united states weapons to fail. what do you know about this, senator? >> well, senator and i and members of the staff did a long investigation. there are literally thousands and thousands of these chips and other parts that are coming into the united states from china. they are obsolete. they're taken out of old computers and they've gone through three or four different companies and end up in american defense weaponry and including antimissile capabilities and aircraft and obviously they're

going to fail. obviously then the whole system can break down. obviously the cost of replacement are very high. it's really scandalous and of course, it all begans -- 70% of it begins guess where? china. >> brian: yeah, you get what you pay for. >> steve: we thank you for joining us. we know you got a busy day. have a great one. >> thanks for having me on. >> brian: straight ahead, michael jackson's dr. conrad murray is going to prison. yet this attorney says if he had a second chance, he wouldn't do anything differently. huh? that attorney here live next. >> gretchen: these aren't your average dogs. they can do something very special that no amount of training can teach. the voice of the westminster dog show joins us to explain what they're doing. what's better than gold ?

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>> gretchen: some quick headlines. mounting pressure on penn state head football coach joe paterno to resign over the alleged cover-up of a sex abuse scandal. he was told by a graduate assistant that he saw jerry sandusky attacking a ten-year-old boy in a locker room shower in 2002 and although paterno relayed that information to athletic director and senior vice president, critics say he should have told police as well. college student's nickname has him in hot water. school officials say the nickname is offensive, graham mcmillian is running at texas christian university and drawses himself -- introduces himself as graham, like the cracker. the school told him to cross out the cracker part. what do you think about that? >> steve: california jury has found dr. conrad murray guilty of involuntary manslaughter in the death of pop superstar michael jackson. >> we, the jury in the involved

entitle action find the defendant, conrad robert murray, guilty of the crime of involuntary manslaughter. >> steve: dr. murray's attorney joins us live here in new york. good morning to you. >> good morning. >> steve: we heard a shriek apparently from latoya jackson. we didn't see anything from your client. >> i think dr. murray must have had some suspicions that was going to happen. the trial didn't go well. >> steve: why? >> well, we had our case really kind of taken away from us. we were trying to show that there was a desperation on the part of michael. we wanted to bring in his doctor to show he was addicted to demerol. we weren't entitled to do that. we had an uphill road. >> steve: i know part of the defense strategy for a while was to say that michael jackson shot himself up or gave himself more

propothol and then shot himself up. but during the expert testimony, his fingerprints weren't on the syringe. >> well, that wasn't the defense strategy. it is the defense strategy. michael jackson, we do think, injected the propothol himself. there was only a little used. to get the blood levels as high as they were as they were found at autopsy is had to be an instant bolus. it wasn't a medical -- >> steve: but michael, they had like the world expert on propothol on behalf of the prosecution and he pretty much said that doesn't make any sense. >> expert in his report that he wrote said it was a two-hour infusion. at trial, he comes in and says it's a three-hour infusion with ten million liters and 100 mlilliters of propothol. it had a residues in it. if they had analyzed the bottle

and it was 90% propothol, they would have had a pretty good argument. we think it's 100% propothol and i intend to have that analyzed in the future. >> steve: you will appeal. of course, one of the propothol problems was conrad murray apparently didn't have anybody call for 911 until somebody -- the body guard, hey, go get the propothol. let's hide it and put it in a bag. that was not good for you. >> well, it wasn't good the way it was portrayed. don't for a minute think conrad murray waited 20 minutes to call 911. he finds a person not breathing, eyes open, dilated and fixed and does what he could immediately. within three or four minutes he's calling downstairs. niece a house. there is no phones in the house, no land lines, 14,000 square feet. he goes down, calls the nurse. go get security. security is 30 feet away. they call 911. they've got to make the arrangements for 911 because the

house is entirely surrounded by perimeter fencing. a police officer couldn't even get in there. >> steve: were you surprised that the judge denied bail for your client? >> yes, i am. he considered the doctor a risk. now, this is a guy that treats poor people. he saved more lives than you can imagine. the poorest person he ever treated was michael jackson. here is a guy that's in the hole $400 million and this doctor has done nothing but good in his life. >> steve: he's on a suicide watch. >> it's like the judge thinks the doctor is going to go down the street and shoot propothol. >> steve: why is he on suicide watch? >> i don't know that it's suicide watch. i understand he's in the medical ward. that might be a way that they have of keeping him away from the general population. there could be some michael jackson fans there that might want to get their claim to fame

by taking a shot at the doctor. >> steve: yeah. we understand tmz has a story this morning that apparently during the time running up to the trial, dr. murray -- there is a clip of it -- apparently he did a tellan all documentary that showed the preparation for the trial and it showed a lot of intense in fighting between the lawyers. you're the lead lawyer. what do you know about this? >> lawyers, you have three different lawyers working on a case. we're all from different backgrounds. we try cases differently. we discuss. we disagree. but in the end, we try to put on a united front. i disagreed with some of the tactics and i'm sure we could have brought any number of lawyers in there and you would have had disagreement. >> steve: dr. murray it sounds like got money out of this deal. >> you're telling me that? >> steve: it sounds like it. do you know whether or not he did? >> i don't think dr. murray has any money. >> steve: you would know. he's got to pay you, doesn't he?

>> well, i'm hoping to get paid. we still owe expert witness fees. we owe a lot of money on the defense in this case. we were really on a tight budget defending this case. the district attorney's office had an unlimited budget. they probably outspent us ten to one. we were not flush with cash. >> steve: but you're heading back to court 'cause you will appeal, right? >> absolutely. >> steve: all right. we thank you very much for joining us live. >> okay. thank you. >> steve: have a safe trip back to california. straight ahead, after the break, two very special dogs with a very special talent. let's check in with bill hemmer with a preview of what happens in ten minutes. >> good morning to you. the herman cain accuser is here this morning. there are some who are raising questions about her story. we will ask her about all of that. why is the u.s. government considering a $700 million loan to a russian billionaire? senator pat toomey wants to know

and he's here live to explain. a big day of voting. critical votes on unions and the state budget in ohio. critical vote on the man who wrote the immigration reform law in arizona. he is here live. busy day, martha and i will see you in ten minutes. can be to bre can be to bre and what that fes like copd includes chronic bronchitis and emphysema. spiriva helps control my copd symptoms... ...by keepinmy airways open... ...a full 24 hours. plus, it reduces copd flare-ups. spiriva is the only once-daily inhaled copd maintence treatment that does both. and it's eroid-free. spiriva doesot replace fast-acting inlers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and call your doctor right away if your breathing suddenly worsens,... ...your throat or tongue swells, you get hives, vision changes or eye pain,... ...or problems passing urine. other side effects include dry mouth and constipation.

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>> gretchen: he is the voice of the westminster kennel club and the national dog show. >> brian: now he's using his voice to bring attention to therapy dogs. >> steve: author of the new book "angel on the leash" and founder of the charity by the same name, david fry joins us with two therapy dogs, angel and grace. good morning to you, david. >> good morning. >> steve: so tell us what angel and grace do. >> they visit people. it's very simple. they walk into the place and visit at sloan kettering at ron

mcdonald house and v.a. therapy dogs like them visit in health care facilities all overt country. >> steve: because they have shown that when particularly with children, when they're playing with the dog, they seem to feel better. >> when a dog walks into the room, the energy changes. you felt it right here when we came in. that's what it's about. you get somebody to talk when they haven't talked or smile. >> gretchen: what i loved when i read about angel was that because she is small, she loves to jump up into the beds of some the patients. >> we go to sloan kettering every monday and go to the women's unit and we get them to smile. she can be hugged and petted and the women love it. >> brian: now how have they been trained to act? i can imagine if you're running the dog show, your dogs have to be well behaved. how are they trained special for this? >> it has to be really their personality and temperment. i like to say good therapy dogs are born, not made. we have to train the owner to make sure they're protecting the

dog at all times. it's a partnership. >> steve: when you look at a picture like the one up there with the little girl who is asleep with looks like a border collie there, how does that make you feel? >> it makes me feel great because i've been there and i know what's going on with these people and all of us who visit with our therapy dogs will tell you, it's about the dog. it's not about us. the dog is doing all the work. we're getting them there. we're on the other end of the leash. >> gretchen: grace is particularly good with kids because you say she can be needled a lot. >> that's right. she's a great sporting dog and she can be poked and body slammed and not mind it as much as my princess angel here. >> steve: your princess. in fact, is that angel right there? >> yes. our angel on a leash is our logo. we visit health care facilities all over the country and build partnerships with them. >> brian: are they open to it? a lot of hospitals say we just cleaned this place. we don't want a dog. >> the world has learned a clean, halty dog doesn't present any more of a problem than people who walk through the front door or work there with

good cleansing hands. >> brian: those dogs are? >> these are. we have a training program, the class is about six weeks and we'll evaluate them and get them registered as therapy dogs, which then allows them to visit and be insured for a million dollars in liability. >> steve: if folks who like to know more about it, they'll find out in a minute. david, stick around. >> brian: by the way, if you want to know where they're retired, they work monday night. >> gretchen: more "fox & friends" when we get back. getting grime from deep inside grout takes the right tools, but also a caring touch. you learn to get a feel for the trouble spots. to know its wants... its needs.its dreams. ♪call 1-800-steemer. ♪

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