>> gretchen: why? >> clayton: he continues a manly man doesn't want it piled high with vegetable taas. that would be a sissy pizza. >> gretchen: have a great day. martha: thank you, guys. it was a rough week for all could of the candidates and that is starting to show this morning in some these poll numbers. brand new data just out. coming from "the wall street journal" mitt romney gaining. herman cain and rick perry sliding at the moment. this is a small sample. that makes the poll unscientific. but clearly worth looking at. glad to have you with us, i'm martha maccallum. >> good to see you, martha. i'm gregg jarrett, in for bill hemmer

>> the president should have made it very clear in the united states of america is willing in the final analysis to take military action to keep iran from having a nuclear weapon. >> there are a number of ways to be smart about iran and relatively few ways to be dumb and the administration skipped all the ways to be smart. >> the old-fashioned way, the constitution. go to congress find out if our national security is threatened. i'm afraid what is going on right now is similar to the war propaganda that went on against iraq. >> if there is anything we know president obama has been more than willing to stand with wok pie wall street but he hasn't been willing to stand with israel. israel looks at president obama and they do not see a friend. martha: david drucker joins me now, staff writer for "roll call". one of the takeaways saturday night seemed to be focused on herman cain. he said he was very ready for this foreign policy debate.

let's look at a piece of what he had to say saturday night and we'll look at some of the numbers and get your reaction. >> make sure you surround yourself with the right people. i feel i will make that assessment when we put together the cabinet and all the people from the military et cetera. i will have a multiple group of people offering different recommendations. this gives me the best opportunity top select the one that makes the most amount of sense. martha: so what do you think? how did he do, david? >> i don't think he did that great. voters are willing to cut first-time candidates, nonprofessional politicians a little bit of slack especially with an issue like foreign policy or national security they will want to see some depth and just saying you will surround yourself with beam to give you the right recommendations is not enough. contrast with herman cain on the economy. he doesn't say he needs to surround himself with the right people. he knows exactly what to do.

9-9-9 came from him. the staff said the original number was 8.7. he said that is too complicated. make it nine. never mind the scandal issue he will have to do better. do not forget if he gets into a general election we know this race is all about the economy. but if there is a major foreign policy and national security event and he doesn't look prepared it will be a huge problem for the republican party up and down the ticket if voters, independents see him as not ready to be president. martha: that is an area where he has already had several significant gaffs and he needed to make up some ground on saturday night as far as foreign policy look at perry. it was also an very important night for him. let's take a look. we'll have it in one second. >> at governor perry would tweet back to her that absolutely, every country would start at zero. obviously -- [applause] israel is a specially and my

bet is that we would be funding them at some substantial level but it makes sense for everyone to come in at zero and make your case. martha: this got a lot of attention and it got santorum and bachmann in from the sidelines saying no, you really can not go to zero in terms of some of these countries in foreign aid. how did they all hand all of this, david? >> i think this issue was tricky. you notice rick perry after the debate was walking it back at least where israel is concerned. for republicans who think they have and in possibly with the jewish vote in 12 because of obama's relationship with israel not being seen as good at least the previous president if not many past presidents, this could be problematic because i can see obama saying look, israel is not starting at zero with me. that gives democratic jewish voters on the fence because of the israel issue a reason to stay with the president. i suspect whoever the nominee is doesn't believe

israel and a few other nations would actually start at zero, have to come to washington to make their case. i see this as a great talking point that will go away quickly. martha: a popular notion with a lot of voters in terms of justifying those expenditures in this tough economic time. david, thank you so much. good to get your thoughts from washington. david drucker. >> thank you. gregg: for the very first time herman cain's wife is speaking out about the sexual harassment algations against him. gloria cain, so far who has been absent from the campaign trail sat down with our own greta van susteren for her first televised interview. >> to hear such graphic allegations and know that that would have been something that was totally disrespectful of her as a woman, and i know that is not the person he is. he totally respects women. >> your mother says that your father talks too much.

>> all right. [laughter] >> we're immune to it. that's what it is. gregg: kids always say that about their parents, don't they? we'll have more. you can see greta's full interview with gloria cain on the record 10:00 p.m. martha: this is lovely family. we'll see more in a little while. let's look where we will be if the general election were held today. we have the just under a year to go before the big day. president obama would be a in a dead-heat with the generic republican. that person not decided yet. latest poll from "politico", the president and a go. op candidate locked in very tight race. the president goes on attack with republicans in congress claiming they're out of step with the american people and warning they would be the ones in this case to lose

their jobs. watch this. >> the american people at this point are wondering about congressional leadership in failing to pass the jobs bill, the components of which the majority of americans including many republicans think are a good idea. normally by the way, the way politics works is if the overwhelming majority of the american people aren't happy with what you're doing you start doing something different. so far that hasn't happened in congress. and the republicans in congress in particular. martha: all right. so the president says the failure to pass the jobs bill is more of a reflection of congress he believes than of him. minutes from now republican presidential candidate michele bachmann joins us live. she blasted the obama administration on saturday for letting politics get in the way of interrogating terror suspect. she will be here with more on that. the president reacted to that as well. gregg: the clock is ticking away for the super-committee to slash $1.2 from our

national debt. the panel has until november 23rd to come up with a deal to address this country's almost $15 trillion of red ink. if the panel can not reach the deal alltic across-the-board cuts were supposed to kick in. now congress is talking about changing its own rules. stuart varney, host of "varney & company" on the fox business network. stu, what are these lawmakers thinking of doing? >> two things. number one if there is an agreement to raise tax revenue within the super-committee the details on how to do it would not be announced until next year. that would take a very contentious off the table issue off the table now but leave it into and push it into election year. item two, if there is no super-committee deal at all, they can not agree to cut 1.2 trillion over 10 years, then these automatic cuts are supposed to kick in. we have republican

mr. toomey, short toomey, he is you is suggesting maybe there will not be the automatic cuts. he says if the cuts have to occur they might occur in a different fashion. in other words they're i can walking away from the idea of these punitive cuts taking place if the super-committee can not agree. remember, gregg, in the background here you've got the ratings agencies looking very carefully at this to see whether or not we deserve another downgrade. gregg: if they go to option two that might be regard the as quintessential cop yacht. on -- copout. the tax writing committees seem to be saying that is a good idea. we're the ones competent enough to make those critical tax decisions. >> we're talking about 300 billion of extra tax revenue. that is different from saying you raise tax rates. it somehow implies you jig gill around with the tax structure to bring in more tax revenue, $300 billion worth. but as i said the details of

exactly how you do that, delayed until next year. probably a good idea, gregg, if you actually want this thing to happen but nevertheless delayed right into the middle of an election year. gregg: after all they don't kick into 2013 anyway. there is some wiggle room. stuart varney, thank you very much. >> gregg. martha: those are just a few of the stories we're following here today on "america's newsroom." coming up this morning, president obama says the u.s. is a bit lazy to attracting business to this country? is he right? gregg: former penn state defensive coach jerry sandusky now facing 40 counts of child sex abuse but, he was released after a reduction in his bail. wait until you hear how he happens to know the judge that made that decision. martha: michele bachmann joins us live after going after the president on the issue of interrogating terror suspects. >> if i were president i would be willing to use waterboarding. i think it was very effective and gained

information for our country and i also would like to say that today, under barack obama, he is allowing the aclu to run the cia. a vacation on a budget with expedia. make it work.

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gregg: welcome back. a crucial cancer drug now joining list of medicines in short supply because of manufacturing issues. national drug shortages are of course a story we first started telling you about here last month. this is the drug called doxil. it help treats ovarian cancer as well as several other diseases. last month president obama signed an executive order getting fda to flag shortages much earlier allowing the agency to help manufacturers work around the supply problem. martha: the republican presidential candidates disagreeing when it came to enhanced interrogation techniques on saturday night.

congresswoman michele bachmann firmly supported use of water boards on terror suspects. here she is in the gop over the weekend. >> if i were president i would be willing to use waterboarding. i think it was very effective and and gained information for our country. i would like to say today under barack obama he is allowing the aclu to run the cia. when we interdict a terrorist on the battlefield we have no jail for them. we have nowhere to take them. we have no cia interrogation anymore. martha: presidential candidate michele bachmann joins me by phone. good morning, congresswoman bachmann. good to have you here today. >> good morning. always great to be with you, martha. martha: let's start by playing, president obama reacted to the discussion about waterboarding on saturday night. let's play that tape for you. i want to get your thoughts on that, if i may. >> let me say this. they're wrong. water board something torture. it is contrary to america's traditions.

contrary to our ideals. that is not who we are. that is not how we operate. martha: what do you think, congresswoman bachmann? >> i think the president is clearly wrong. i would go back to president harry truman who had to make the horrific decision to drop the atomic bomb on japan to end world war ii. he said if he had to kill japanese in order to save one american life he would. if as president of the united states i believed that we would be able to save 3,000 american lives and stop jet aircraft from flying into the twin towers, i would utilize waterboarding if it would save american lives. sometimes decisions have to be made. it is important for people to know no one died from the use of waterboarding. is it uncomfortable? yes, it is uncomfortable but our worries should not be the about the comfort level of a terrorist. what the president of the united states needs to do is secure the safety of the american people.

martha: so, you know, let's take a look how things are going in the polls. you've been in better position in the past. this is the real clear politics average that we have that has come out this morning has you at the bottom of the group at 3.6%. you know, no voters have voted yet. i'm sure that is encouraging to you as you head into iowa but what do you make of your position and how do you try to turn it around at this point? >> if there is anything we learned from this election how fluid these numbers are. this literally has been a wild from day to day. and the numbers you're looking at our national numbers about. this is state by state race. it begins in iowa with the caucuses. i woke up this morning in sioux city, iowa. i'm here working very hard. this is the state after all where i won the straw poll poll in less time than any other candidate in the history of the straw poll and only woman to win the straw poll. this is very fluid. we have a very strong chance here. we're recently in

south carolina. we're showing very strong in this area. martha: you would have to do really well in iowa by most estimates to stay in this race. do you agree with that sentiment? >> well, what we're looking at is who best can save this country. i believe what i stand for best saves this country. our nominee has to be able to stand and debate president obama. i have that ability to be able to do that. and our candidate can't be compromised. we have candidates that are compromised on the individual health care mandate which is obamacare. it was newt gingrich's idea and mitt romney implemented it. our candidate --. martha: i'm asking the question of iowa if i may we're almost out of time. in iowa how do you see yourself faring there? and if you don't come in the top three would you change your mind about running for president? >> we're doing very well here. i was born in iowa and i'm working very hard and in iowa i after all i won iowa. we have a strong operation.

we'll continue to get our positive pro-growth message out across iowa. on january 3rd that is when the results will come in. martha: i want to get one last thought in. this is separate issue. this is what you had to say about jerry sandusky and get your thoughts about that again. >> this is so horrific on the level of a parent i think about my children, if that was my child. and i think my automatic reaction would be, even though i'm a small woman, i would want to go find that guy and beat him to a pulp. martha: once again, it is the most shocking story that is out there right now. what do you think about you who the response has been in pennsylvania and at penn state to all of this? >> well, i think at this, this is a clarifying moment for the nation because again there is a graduate assistant student that walked in and witnessed an adult male who was perpetrating a horrific crime against a little 8-year-old child. and again, i'm a small woman. i'm a christian.

but if i had walked in on an event like that i would guarantee that man would wish he had never been born. any human being would stop that form of activity against a little child and as terrible that is, that didn't stop it and terrible that this chain wasn't interrupted. it is a terrible action and anyone should see that. >> i think a lot of people agree with you on that. michele bachmann thanks so much for being here with us this morning. good to talk to you as always. >> good to talk to you, martha. bye-bye. gregg: a lot of people feel the exact same way. all right, troubling new e-mails surfacing in the solyndra investigation. when did the white house learn of potential problems for the now-failed solar panel maker? martha: and how about this story. justin timberlake makes good on a promise to a u.s. marine. this is a great story and it's next. ♪ .

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martha: bring bringing sexy back to the marine corps ball. justin timberlake making good on miss promise, good for him. she accepted an invitation from kelsey de santis, there they are, attending the gala event in virginia. she was so nervous are you having a good time? are you sure you're having a good time. he said yes he was after pushing his hollywood co-star mila kunis to accept another marine's invitation. >> it was headline news yesterday. >> you know what, man? i'm going to work on this for you. i'm going to work on this for you. he invited you to the marine

corps ball. >> it is like in november. >> november what? >> i don't know. >> i'll go. martha: we'll tell you when it is. she will be there. we understand. this friday night for the ball. after the festivities timberlake says that, what he didn't anticipate in attending this event was how moved he would be by this whole experience. so you know what? good for them. good for both of them for making the night of these special people in the marine corps. i'm sure everybody loved having them there. i'm sure they get more out of it than the folks --. gregg: tough, always going on a blind date. it can turn out now and again. how i met my wife. new revelations in the solyndra scandal. just released e-mails showing an energy advisor to president obama not only warning of problems with the now bankrupt solar panel maker, but also predicting political firestorm. congressman steve scalise is a member of house energy and commerce committee. he voted to authorize the

white house subpoena on solyndra. >> good to be with you, gregg. gregg: dan carroll is the name of the advice sore to the president. he warned of quotes, attacks that are surely coming over solyndra and other inside doe deals that have gone to obama donors and have underperformed. what does that tell you? >> well, you know, gregg, there are a lot of questions when you look at these e-mails and we've only gotten a select few from the white house. we'll get more and we'll press that about you if you look at this e-mail what it seems to be focused on is political fallout and we've seen this with other e-mails that we subpoenaed. they're concerned about time lines. they pushed one of the loans through because they wanted the vice president to be involved in a ribbon-cutting. here is he concerned political fallout. the most surprising thing about this, a chain of e-mails where they're concerned about $535 million of -- million dollars taxpayer money they lost but

they're concerned about political fallout. gregg: the decision to award sole sole the -- solyndra loan guarantee was made on the merits, was not they insist, inflund by -- ininfluenced by political donors. do you buy that and do you have evidence to the contrary? >> there are e-mails that contradict that. some even within the department of energy and other agencies where we they question whether or not the government should be involved in this where they say this deal is not ready for prime time. that was language from one of the e ills ma. then you get a chain of e-mails from the white house they say just push this thing through anyway. they were forcing a timeline that seemed to be based on politics. no e-mails you can find where they're expressing concern about finding half a billion doll lal -- dollars of money that was lost. gregg: what you would like to get your hands on any e-mails to related to subordination of the loan, basically putting taxpayers in the back seat in the case

of bankruptcy. are you getting stonewalled on that? my goodness, 85,000 documents by all kind of agencies have been turned over yet, only 80 to 100 e-mails from the white house? are they not giving you that aspect? and if not do you suspect they're hiding something? >> well, this is a critical decision made by someone in the white house, in the administration where they decided to put the taxpayer in the back of the line. we think they broke the law. the law seems very clear that you can not subordinate the taxpayer putting them behind a private investor. even the department of treasury felt that they were breaking the law in doing this and yet they went ahead and did it anyway. they put the taxpayer in the back of the line. i asked specifically in one of our hearings to the head of the loan program at the time i want to know every name of every individual from the white house on down who was involved in the decision to subordinate the taxpayer. they have yet to give that information. gregg: you might get answers tuesday.

secretary chu will appear before your committee i presume under oath and maybe you'll get a few answers. representative steve scalise. thanks for being with us. >> great to be with you, gregg. martha: will there be an election-eve supreme court showdown over president obama's health care law? we'll tell you live right here about an hour from now. gregg: president obama saying america has gotten lazy in attracting foreign business. critics say it is not laziness. it is the federal government that is the problem. a fair and balanced debate straight ahead. what's better than gold ?

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gregg: a bombshell development in the penn state sex abuse scandal. there are reports now that the judge who released jerry sandusky is actually a volunteer for the second mile charity group that the former coach founded. sandusky now facing 40 counts of child sex abuse. investigators say he met most of his alleged victims through that very same charity a graduate assistant reportedly witnessed one of the assaults on penn state's campus way back in 2002. david lee miller live in state college, pennsylvania and david, what do we know about the judge? is he recusing himself? >> reporter: we've learned a little more information. in fact in just the last few moments, gregg. we know the district judge, a woman, released jerry sandusky on $100,000 unsecured bond. that meant he was free to go but if for any reason he violated the terms of his bail he would lose that

$100,000. all he had to do was essentially sign a piece of paper. now, the attorney general in this case had reportedly sought $500,000 bail. in addition to the requirement that he have electronic monitoring, an ankle bracelet. for whatever the reason the judge decided otherwise and released sandusky on $100,000 unsecured bond. we are now learning that the judge in 2008 and 2009 volunteered for the second mile foundation. that was the charity that sandusky founded and it was from that charity that most of the boys met sandusky. we should make it clear though that in 2008 and 2009, it is now being reported, sandusky had already broken off his relationship with the second mile foundation. it is also being reported that the judge, did make a financial contribution to the second mile foundation, sometime in approximately

2008 of between 500 and $1,000. so the judge is not accused of any wrongdoing here but many have raised the question that there is the appearance of a potential conflict of interest. and lastly, gregg, for purposes of comparison, the two administrators from the school who are now accused perjury and failing to report child abuse received from a different judge, $75,000 bail. the alleged child molester, $100,000 bail. gregg? gregg: quite a disparity there. very quickly what do we know about some of the reports that people connected to the incident still receiving pensions? >> reporter: jerry sandusky received, when he left the school, a lump sum of about $150,000. but he continues to receive now about $60,000 a year. additionally, one of the vice presidents, now, accused of perjury and failing to report the child abuse, when he retired received a lump sum of

$420,000 and he continues to receive the sum of $27,000 a month in his pension. lastly, gregg, as for one of the participants in this story at the center of the storm, mike mcqueary, who allegedly witnessed the abuse in 2002 and now being criticized for not doing more to prevent the attack from taking place. he is on administrative leave, according to school officials he continues to receive his salary. gregg? gregg: david lee miller, thanks very much, david. martha: well, president obama scolding america once again. just a few weeks ago you may remember he said that america was going a little bit soft in a few areas. but now he says that we've gotten lazy about attracting new business. here is what the president said. >> we've been a little bit lazy i think over last couple decades. we kind of taken for granted people will want to come here and we've not been hungry selling america and trying to attract new business news america. martha: all right. let's see what these

gentlemen think about that. doug schoen, former pollster for president clinton and rich lowery, editor of "the national review." both are fox news contributors. good morning to you. doug, you go first. what do you think about this? >> look, his choice of words was wrong but we can do a better job attracting business, the president is right about that and he was right today when he said we have to make china play by the rules. he was very tough in his rhetoric today. i think the president is making it very clear we're going to stand up for america, be clear, attract business and not let people play by different rules than we do. martha: rich? >> there have been a series of statements over the last couple weeks, martha. we've become lays estimate we've gone soft. we lack imagination. there is really undercurrent of contempt for his own country. you wonder why he danes to be the president of the united states in such a unworthy, lazy soft nation. he is talking out of both sides of his mouth here. you want to attract foreign investment? you need a pro-business

climate. look what we saw last couple days in investment in this country a firm, transcanada, wants to build a $7 billion pipeline that would create thousands of construction jobs here in the united states. it has been ebb zooing to do this for three years. the obama administration bureaucracy has been gumming it up and now the president says, actually, no we're not even going to make a decision until after the election because his environmentalist base oppose this is pipeline. martha: that is a good point. go back to the boeing example of south carolina. look at real decisions on the ground that affect jobs and drawing business in that case in country. he is talking about out of country as well. the big glaring things that jumped out at me when he said this the corporate tax rate in america is the second highest in the world, next to japan. and then also you have the union issue which drives a lot of work, away from this country. you know, doesn't the president need to address those two glaring issues in order to say that not enough

is being done? >> well, sure, i think the democrats on the super-committee, martha, made it clear they're absolutely happy to address the issue of corporate tax reform in the context of an overall plan to reduce the deficit and we rejigger all tax rates to make america more competitive. the republicans by and large said no. the issue of unions is a clear issue. if you look at ohio results, martha, key swing state, 62-38. for preserving collective bargain. martha: there is push back from unions that is not all that surprising. >> that is the people too, martha. >> the super-committee, pat toomey, conservative republican made painful concession republic cons would favor more revenue in favor of lower corporate tax rate and lower individual rate and ending a lot of deductions for people at the higher end. doug knows, everyone knows, the democrats walked away from that offer because they're in absolute fever to raise taxes. >> we know raise trillion

dollars in revenue. not 300 billion. >> this proposal would have hit $1.2 trillion target for democrats on super-committee. they don't have another plan on the table. martha: address some of the actions and words the president has given in relation to bringing companies and business to america but what about sort of the overall --, brings back the idea of jimmy carter and the malaise. the way you speak to the american people as president of the united states. you can either sort of knock them down or you can inspire them as many would say ronald reagan was able to do in difficult times. what about just the language and the way that the president is speaking to the american people, doug? >> i would not have used the word lazy. i think it was a bad choice of words but it wasn't a bad choice of words today to go out and be aggressive at the press conference talking about two sets of rules, engaging with china and making sure they play by the same kind of rules we do, vis-a-vis trade and jobs and

their currency. look, you can always find words but this president has gotten osama bin laden, al with lucky and qaddafi. he will run on international affairs and a strong sense of leadership in the election. >> my hats off for doug. that is great effort. this is a failing of president obama. he really has to watch it when he appears to be professor in chief, sort of commander-in-chief. sort of hovering above hiss own country and criticize it. a president shouldn't ever talk about americans in those terms, being soft, lazy, lacking imagination. martha: good to see you both as always. >> thank you. martha: thank you, gentlemen. watch doug as he co-hosts campaign confidential, which is a new show on foxnews.com live. it streams live every monday at 2:00 p.m. eastern. to watch, go to foxnews.com. click on the watch box, foxnews.com, if that makes sense the link on the right-hand side of the screen. check out doug on his new

show. gregg: i'm on there 10:30 to 11:30 wednesdays. they have a great lineup of shows. check it out. iran's pursuit of nuclear weapons a crucial foreign policy issue for whomever is in the white house but one candidate says he is the clear choice for confronting the islamic republic. who that is, next. look, every day we're using more and more energy.

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martha: we'll look at some of the headlines developing now in "america's newsroom.". blast off for a russian rocket this morning. it is carrying one american and two russians. they're headed to the international space station for the crew that is there now. and now there are new calls for syrian president bashar al-assad to step down. jordan's king abdullah saying if he were in assad's shoes that is what he would

do. this comes after months of violent protests and crackdowns in syria. funeral services are being held today for one of boxing's great, great champions. smokin' joe frazier the first man to knock out muhammad ali being laid to rest in philadelphia. ali is expected to attend. frazier was 67 years old. gregg: pretty strong words from presidential candidate mitt romney on american foreign policy and iran's nuclear ambitions. the latest republican debate romney telling the audience he's the guy who can stop tehran from getting nukes. take a listen? >> if we reelect barack obama iran will have a nuclear weapon. if we elect mitt romney, if you elect me as president they will not as a result a nuclear weapon. gregg: joining us fox news security analyst, kt mcfarland that is what romney said. the president seemed to respond. take a listen to this.

>> i have said repeatedly and i will say today, we are not taking any options off the table because it is my firm belief that an iran with a nuclear weapon would pose a security threat not only to the region but also to the united states. gregg: your reaction? >> maybe the quibbling about words. president obama a year ago saying iran with nuclear weapons is unacceptable. i'm not sure the credibility he says where all options are on the table. point of the matter, the for the most part the american public hasn't been focused on foreign policy issues. this is one to focus on. iran will have nuclear weapons before the next presidential term finishes. gregg: which means military action would have to be taken before ballots are cast. >> yes. gregg: what politically does that put the president in? >> let's assume we now get to september of 2012. iran's nuclear weapons are becoming even more obvious and ever clearer they're going to become a nuclear weapons power any minute.

israelis choose to attack. they would have to do so he have we the presidential election because they then forced president obama's hand politically. he has to help israel. if not it is political suicide especially in swing state of florida. gregg: iran has been hit with five sets of sanctions. they move ahead with impunity. >> right. >> is it pretty clear the approach of sanctions and president obama's much-vaunted negotiations with the mullahs, the charm offensive it is feckless, it hasn't worked? >> the whole time iran has been continuing its nuclear weapons program. they need three things for a nuke. they need enriched-uranium. we know they're doing that. they need a missile. we know they tested that. but the u.n. report showed us last week the third thing we never knew about, the blueprint. that they have that now. so they are very close. gregg: let's assume israel does act militarily, a being at that call strike against certain military installations in iran. what would the blow back be? >> well, that's the problem.

we're now getting part of two options, bomb iran, let iran get the bomb. we failed to find a third option. bombing iran will unleash a regional war in the middle east, iran has neighbors, hezbollah and hamas on gaza strip and lebanon attack israel. the united states could get drawn in, how do we finish the job if israel starts it and can't finish it. gregg: which is worse, that blow back as you described it, or, if iran gets nuclear weapons that triggers an he is can is la arms race, egypt, turkey, saudi arabia, which is worse? >> i think the second is worse because a nuclear arms race in the middle east means that the next middle east war, and there will be always another middle east war will be nuclear. the other thing it does it gives iran position of power throughout the region and its hands on the choke point of oil. what does that mean? you if don't like $4 gallon a gas, think again because it could go much higher. gregg: so much to talk about. this is still developing. can t mcfarland.

>> thanks gregg. gregg: martha? martha: texas governor rick perry keeping his sense of humor about the last week's gop flub. gregg: insider trading can land you in prison but not if you work on capitol hill. lawmakers join a very lucrative loophole. we'll explain. we give you the money for a car one model year newer. liberty mutual auto insurance. ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories --

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martha: if you have inside information and you benefit from the stock market and the moves that are made within it, from that, you go to jail, if you get in trouble for that and get convicted that is called insider trading, right? did you know those laws that apply to all of us do not apply to people in congress apparently. former congressman brian baird explains how this works to "60 minutes." watch. >> the town is all about people saying, what will do you know that i don't know?

this is the currency of washington, d.c. and it is that kind of informational currency that translates into real currency. maybe it is over drinks. maybe somebody picks up a phone and says, you know, just to let you know it is in the bill. trades happen. can't trace them. if you can trace them it is not illegal. pretty great system. you feel like an idiot to not take advantage of it. martha: very interesting report. let's bring in fox business network's liz claman on this. why is it not illegal? >> it is unbelievable it is no the illegal and that "60 minutes" report that cbs did, give props to the so-called mainstream media for pointing out on digging up stuff the average american should really be outraged about. you have everyone profiled in here from nancy pelosi, a democrat, to john boehner, a republican to spencer baucus a republican who have been able and have actually bought or at least traded in certain ways on certain stocks knowing that they

controlled legislation that might either benefit or hurt those companies. martha: so boehner and i believe pelosi as well both said they don't have any independent, you know, trades happening in their own accounts. they do it in a blind way as is often the case with a lot of these, with people in these situations. >> if you believe that, martha, we have bridges to sell you. how it is possible that there isn't a phone call made saying, i'm not accusing, i'm just saying if john boehner were very much involved in making sure that the public option in the health care bill that president obama was pushing wasn't going to happen, that in turn would mean that private health care companies might do really well under this if it wasn't just a government option. martha: sure, absolutely. >> he was buying or at least his account was purchasing some health care stocks. if i were an average american, and we all are, it is an outrage. martha: they have a specific immunity from being, you know, litigated in any way on insider trading? or just never been done or never pursued?

>> i think it has just never been done or pursued. this changes something. sort of the best of journalism when you get rules changed. there is too much, too much regulation out there. i'm not sure most americans would be against regulating this type of thing to make sure members of congress aren't trading on issues over which they have control, pharmaceuticals, defense industry or finance. martha: let's play the pelosi spot. i want to get this in. >> i have not made any decisions on day-to-day trading activities in my account and haven't for years. i do not do it. haven't done it and wouldn't do it. >> would you consider that to be a conflict of interest? >> i don't know what your point of your question? is there some point you want to make with that? >> i guess what i'm asking is, do you think it is all right for a speaker, to accept a very preferential, favorable stock deal. >> but we didn't.

martha: how about that? our thanks to liz claman. >> should be outraged. martha: we'll be right back with much more here in "america's newsroom." why settle for a one-note cereal? ♪ more, more, more... get more with honey bunches of oats 4 nutritious grains come together for more taste, more healthy satisfaction. get more with honey bunches of oats.

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we're america's natural gas. the smarter power, today. learn more at anga.us. martha: a fox news alert. the future of president obama's health care overhaul hangs in the balance because we are about to hear from the supreme court. the justices are expected to announce any moment whether they will take up this case. the legal challenge to president obama's health care law in this session and that is how we start a brand new hour of "america's newsroom." good to have you with us, everybody. i'm martha maccallum. gregg: i'm gregg jarrett in for bill hemmer. a number of groups have been arguing that the u.s. government can not require people to purchase insurance. if so, then what else could you be forced to buy? martha: most court watchers, the justices they predict the just at thises will take this case but they could possibly pass on it. that seems to be pretty unlikely. we're waiting for shannon bream. she is inside the court. she will many could out as soon as that decision gets

underway. we'll bring shannon to you with that decision. it appears they will take this case up, gregg. i guess we'll not get information on timing and when. with the election coming that will be so significant in terms of when they're hearing this. gregg: legal scholars predict oral argument, february, march, then a decision by june. seems to be a no-brainer they will take the case. you have conflicting lower court decisions. the solicitor general wants the high court to take the case. both sides are asking the supreme court to take the case. and you have a momentous decision that impacts all americans. health care costs amount to 20% of our economy. the make-or-break of what has been known as obamacare could have a dramatic effect on the economy. we'll going to find out any moment now. martha: we're just starting to hear from shannon bream. we'll bring her on the camera as soon as we can. obviously there is a decision that goes against the president's health care reform that happens before the election.

that would be a huge blow to him. if it supports him that will be a huge asset to him. gregg: alan, did i hear you say the supreme court has said they will take the case. the supreme court has said, as we suggested they would, they will take the case. we'll get shannon bream in front. camera any moment now. hear is the critical question, martha. what aspect of the case will they take? will they take simply the mandate? well they take the tax pan nalt? -- penalty. will they take all of it? there are myriad of lawsuits challenged it. we just don't know. martha: in part or whole as you say. some of these decisions sort of decided to, you know, negate some of the parts of this law but the biggest issue whether it is mandatory for all americans to buy health insurance. shannon bream is there now. she is probably out of the breath. she has been there listening to this she is here with the news. shannon, what did they say? >> reporter: hi, guys.

they will take the largest case, one we expected, that involves 26 states that emanates out the florida. the question is the mandate. is the mandate the constitutional or unconstitutional that will be the key decision they have to make. we understand they will consider the question of severability. if the mandate is struck down can the rest of the law survive without funding from the mandate? not only requires you to have insurance, if you don't have it you will have to pay a penalty. all that funding factored into the rest of the law. the justices taken the biggest case, the one we expected they would, 26 states out of florida. in that case the 11th circuit, the lower court decided the mandate was unconstitutional. the just at thises will -- justices decide will that stand. if the mandate falls does the rest of the law fall? that will likely come in the spring. we will have decision likely end of june 2012 which puts this right in the middle of a presidential election, guys. martha: it sure does.

shannon, exciting news for supreme court watchers and voters across the country. this has been a huge issue since it has been put in place. now we'll see whether or not the president's health care law holds up in the highest court of the land. shannon, thanks for running out with that we know it came out moments ago. our thanks to shannon. look at all the issues involved in this, gregg. we had the maryland decision last week, the judge who is conservative judge, conservative appointed judge, basically said, you know, that health care is unique market. that it is unlike any other commercial market in the country, which i found very interesting. because if you're going to say that, if the court finds that as well that is good argument for upholding this law. gregg: the d.c. circuit and it was two conservative judges that side on the president's side and congress. martha: coming up we'll have florida's former state attorney general bill mccollum will join us live at 10:30 and been very involved in this issue. obviously florida is the

epicenter on the discussion of this as those other states became as well. he is confident that his side would win. gregg: i would not be so sure about that. i will ask him about it when we talk. meantime the president saying, quote, we just can't wait to add jobs to the health care industry ahead of the lawfully going into effect. the white house set to announce one billion dollars in grants to hire and train more health care workers. wendell goler live at the white house with more. wendell, what do we know about this program so far? >> reporter: this is latest of series of executive orders in expanding the economy without the help of congress with republicans refusing to pass the president's jobs bill. ironically the agency that would administrate this money was created by president's health care health law. that is one reason why the republicans dug in their heels to make him a one-term president. doctors, community groups, other organizations that work with federal health care programs to experiment with different ways of

expanding the health care workforce while reducing the cost of care. the goal, to do hiring over six month period of time to avoid a repeat of stimulus bill's failure to fund projects that were really shovel-ready, gregg. gregg: wendell, why the health care field? >> well, health care is one area where employment is actually growing in contrast with much of the rest of the economy where job growth has been anemic at best and especially the public sector. teachers, police officers, firefighters, which are actually, have been easy looking jobs since the stimulus money ran out, the health care sector has added about 300,000 jobs over the past year. the bureau of labor statistics projects another 3.2 million health care jobs will be created by 2018. meanwhile the country face as doctor shortage. 63,000 fewer doctors than needed by 2015. 130,000 by 2025. over the next seven or eight years, 32 million more

americans will have health insurance. that has left federal agencies looking for ways to deliver health care aside from traditional trips to a doctor's office. things like community groups, community centers. the president's medicare administrator says this money will open the door, open the in box to innovative ideas. gregg? gregg: wendell goler live at the white house. thanks very much. martha: a standoff between police and occupy wall street in portland, oregon. police in riot gear klieging out hundreds of demonstrators after refusing orders to evacuate their campsite. the crackdown is one of many we're zoo seeing in cities across the country. casey stiegel is live in our l.a. bureau with more on this. what happened in portland? >> reporter: good morning to you, martha. the mayor issuing a eviction notice for the occupy demonstrators. they had until midnight saturday to pack up their

camp and leave. a camp they occupied more than a month in downtown portland. mayor sam adams saying it was time to ask them to go home because the encampment was attracting drug users and thieves in his words. instead of obeying the orders, thousands of people taking to the streets this weekend using old furniture to create makeshift barriers and blocking traffic. more than 200 police donning riot gear. >> crime especially reported assaults has increased in the area. and around the camps. this is and in addition to the health and sanitation issues that the camps close quarters have brought about. occupy has had considerable time to share its movement's messages with the public but has lost control of the camps it created. >> reporter: at least 50 people were arrested in portland alone, martha. martha: so, casey, talk to us about the problems in other places too because these have cropped up all

across the nation. >> reporter: yeah they have. arrests reported in this weekend in occupy movements in cities like denver, salt lake city and also st. louis. two cops were hurt up the road from us in san francisco while trying to clear the crowds. one was hurt after being shoved by a demonstrator. another reportedly cut on the hand with a knife. eviction orders also issued for oakland. city leaders urging people to pack up and leave after a man was shot and killed last week near the camp. despite these growing reports of violence, many of the demonstrate tores say they are not going anywhere. >> i believe that this is the first time i felt that hope of real string, the way that our politicians have been controlled by the top 1%, banks. the way that corporations seem to be able to break the law with impunity while we get arrested for, i don't know, last time they told for camping?

>> reporter: we're getting reports this morning of hundreds of police officers converging on the camp there in oakland. we're watching it very closely for you, martha. martha: we are too. thank you so much, casey stiegel. gregg: is president obama's health care law constitutional? well the supreme court will now decide that very issue. breaking news that happened just moments ago. one of the people instrumental in challenging that law will join us live to talk about it. martha: and also this. this morning brand new information coming in for the search for baby lisa who disappeared from her family's home. her family's lawyer says it exxon rates the parents. those details coming up next. gregg: we heard what herman cain says about the allegations against him but we haven't heard from his wife until now. she foes on the record with our own greta van susteren in a fox news exclusive. >> i looked at especially this last lady and the things that she said, and

i'm thinking, he would have to have a split personality to do the things that she says. ht by itself is an uh-oh. see if we can "stitch" together a better deal. that's a hint, antoine. ooh! see what anandra did? booking your flight and hotel at the same time gets you prices hotels and airlines won't let expedia show separately. book it. major wow factor! where you book matters. expedia.

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>> welcome back, the irwin family attorneys now saying it's the phone call that proves the family had nothing to do with baby lisa's disappearance. lisa's parents, jeremy irwin and deborah bradley say three cell phones were taken during the night lisa disappeared and their attorney says he was informed by the fbi a call was placed to a woman they don't even know at 11:57 that same night. lisa's parents have not been named as suspects. kansas city police are still chasing leads looking for the little girl. she's been missing more than a month. she would have turned one years old on saturday. martha: all right, back to the action in america. election headquarters,

republican presidential candidate herman cain's wife gloria is ow there defending her husband against the sexual allegations so years ago, mrs. cain breaking her silence and going on the record with greta van u.s. ern -- u.s. turn. listen to this: >> to hear such graphic allegations and know that that would have been something that was totally disrespectful of her as a woman, and i know that's not the person who he is. he totally respects women. i looked at especially this last lady and the things that she said, and i'm thinking he would have to have a split personality to do the things that she said. martha: very interesting. joined now by byron york, chief political correspondent at the

washington examiner and fox news contributor. >> good morning, martha. martha: we've not seen gloria cain at all through this whole process and now she sat down with greta and we're going to see the whole interview this evening. those are just some of the clips from it and it's very intriguing. what's your take on how that went? >> it's a very big deal for mrs. cain to talk to greta, because she -- mrs. cain has simply not been a factor on the campaign trail. she doesn't travel with her husband, she doesn't do joint appearances with her husband. martha: why is that? do you know why that is? >> he always says she's a private woman who doesn't want to take part in it and would rather keep the home going in atlanta than be out traveling. so that's always been the explanation. so the fact that she has decided to come out and speak to greta is an indication i think of the degree of concern about these allegations in the cain camp, they think they really, really need to answer these as strongly as they can. martha: and there's also a great substantive family. as you saw, we were looking

at clips of the children. it's a beautiful family, it's a family that you wonder where have they been because everybody would have embraced them. they're a lovely, engaging group. so it may feel like it comes a little too late or no, bryon? >> well, it's possible. this is an effort to show herman cain as family man, which he is, but here again, there's a fair a concern. the new "wall street journal" poll did something unusual, they polled people in the first week of november and got back in touch with them a week later, asked them some of the same questions, and what we saw was a decrease in some of cain's support in some critical areas, the number of people who have a positive opinion of him has gone down, the number of people who specifically say they're worried about the sex harassment allegations, even without a lot of details. they're worried about them. that number has gone up. so there is real polling evidence to show these allegations have hurt cain and this is their response. martha: and you wonder in the combination, with how he

did in the foreign policy debate on saturday night, because you think back to the clinton era and how hillary clinton came out, as gloria cain just did, and she defended her husband very successfully and was able to put the focus right back on her husband and on his political credentials, but in order to do that successfully, you know, the fall back of those credentials and that strength has to really sort of be overpowering at this point and do you think it was for him on saturday? >> well, foreign policy is just not his area. i mean, he has based a lot of his appeal on his nine -- on his 999 tax plan and his own personal appeal as a candidate, which is pretty impressive, but foreign policy is not his area. on a lot of occasions he answered questions by saying he would gather the experts and military commanders and come up with a policy. bad luck for him, the next debate on september -- excuse me, november 22nd is also about foreign policy. there's not an all topics debate until well into

december in iowa, so he won't get to showcase a lot of his domestic economic plans again for quite a while. martha: all right. byron, thank you very much for weighing in on this this morning. we are glad to have you here and we encourage everyone at home to catch this full interview on greta van u.s.ern's -- u.s.eren -- van susteran's on the record. this is a fascinating look at this, so check it out. good for greta for getting this opportunity with mrs. herman cain. gregg: we have heard so much from heman cain and he came out of nowhere for the republican party but we've never seen nor heard of gloria cain. march when and at this point, yes, we're going to run, usually the reluctant spouse says yes, i'll campaign with you, but she's taken a different route. gregg: crunch time as the deadline approaches. >> the clock hasn't run out

yet. we still have time but no time to waste. gregg: get this, if the clock runs out, the supercommittee may toss its own rules out the window. we'll take a much closer look at what this may mean. martha: is it time for the wall street folks to pack it up and go home? our panel weighs in on whether their 15 minutes of fame is up. we'll talk about that. -one. -two.

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gregg breaking news out of pennsylvania, we found out the ceo of second mile charity has resigned his position as chief executive officer, of course, second mile was founded by this man, the coach at penn state university, charged with sexually abusing eight boys. so we'll get you more details as we receive them.

martha. martha: all right, thank you gregg. so 23 past the hour, the tsa warning flyers it will unwrap your christmas gift, folks! so don't wrap before you go. security officials at the airport saying that anything that looks like a christmas gift will be searched and this follows last week's discovery of dozens of pounds of marijuana that was wrapped as holiday presents, so they ruined it for everybody! a norwegian court keeping a confessed mass murderer behind bars for more time, b revment vick killed # seven at a youth camp, he tried to declare himself a resistance leader. he will be held under that trial. >> the national center of diabetes estimated one in every ten adults could have diabetes by 2030, most of the cases will be type two diabetes linked to weight gain and lack of exercise. gregg: our nation's ballooning debt, taking center stage on capitol hill, pressure growing for

the supercommittee to slash $1.2 trillion over the next ten years if a deal is not reached by the november 2 -- november 23rd deadline, automatically cuts would kick in, but the clock is ticking away. members of the panel are look for a plan b to backtrack from those rules. >> i'm not giving up on getting something done. i really think we still can and i'm going to do everything i can to achieve that. but in the very, very unfortunate event we don't, i think it's very likely that congress would reconsider the configuration of that sequestration and consider is this really the best way to do it. gregg: here now republican congressman louie gomert from texas, a member of the constitutional caucus and on the study committee. always good to see you. >> good to see you. gregg: after a year of debate and consternation, congress made a vow, by november 23rd, we'll do a

deal one way or another or the triggers kick in. now they're saying ya, maybe not. would that be a breach of promise by congress? >> gee, that's an interesting question, gregg, since we made a pledge a year ago to cut $100 billion off the budget this first year, and that didn't happen. but the problem is that original debt ceiling bill back in july and august set us up for a lose-lose, and the president and reid for a win-win. our guys thought gee, all right, we'll agree to put our national security on the table, because there will be medicare on the table as a chip, not realizing that played into their hands. from their standpoint, they need to keep the voters' thoughts off the $500 billion in cuts to medicare that omabacare did. and the only way they can do that is to have a breakdown of the supercommittee and a failure to reach an agreement, then you get these massive cuts, then

they blame the republicans, because pat knew exactly, and he and -- we got some great people on that expr committee and pat set up a framework, he thought they had a deal with at whreeft three democrats and after the the democrats went to their leadership, they came back saying we can't reach a deal. gregg: after saying we're not going to agree to revenue increases, republicans said you know what, we will agree to $300 billion in revenue increases through closing tax breaks and loopholes, changing the tax rate structure and so forth which dick durbin, number two democrat, said was a huge breakthrough. >> it was. gregg: now it looks like democrats don't like this. what do you think of that proposal? >> i think they went back to their leadership -- it's very obvious. for the gamesmanship they're playing, they go back to the lead shupped and the leadership says no, no, no, we don't want an agreement, we want the cuts to medicare so we can blame the republicans, otherwise, we go into an election year and we're the only ones that cut

$500 billion out of medicare. gregg: deal or no deal? >> i'm afraid there's not a deal when democrats are being instructed not to make one. gregg: the cuts don't kick in until 2013 so there may be time thereafter. >> that's cutting -- putting security on the table, though. that was a big mistake. martha: thank you to the congressman for joining us today. back to our top story right now, the supreme court, just announcing they will indeed take up the case against president obama's health care reform law. this is big news, and it will head to the court most likely by june. up next, we're going to talk to the state attorney general who started the lawsuit and successfullile chaeced that law in -- challenged that law in a lower court. he says the law is about much more than just health care. he's here. gregg: and president obama, bucking a long standing tradition. why this year's photo from the apac conference in hawaii has a distinctly different look. ah, yes, kind of a shame.

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considered by the high court, and general mccollum, i know you're pleased about this because they took your case but you had a big set back last week when two very conservative judges on the d.c. court of appeals upheld the individual mand mandate. how worried are you that may influence the high court against your position? >> well, obviously, there are several decisions made and judges have come out different ways in the lower courts. we won both in our federal district court and won in the 11th circuit court of appeals with a democrat ap$, clinton appointed judge going our way saying it is unconstitutional, judge silverman last week ruled it was. the other judge didn't actually rule it was constitutional, he simply said he didn't think it should be decided right now, that we should postpone this until 2014. so there are a lot of variations in here as far as the way these judges have ruled. what i think is important about it --

>> gregg: if i may, you mentioned judge silverman so let me put up on the screen his reasoning in upholding the mandate, quote, the right to be free from federal regulation is not absolute, and yields to the imperative that congress be free to forge national solutions to national problems, no matter how local or seemingly passive their individual origins. look, general mccollum, since health care is about 20 percent of the u.s. economy it clearly impacts interstate commerce so on that basis isn't silverman right, congress mass the authority to regulate? >> no, i don't think he is but of course that's what the justices are going to decide next june after oral argument and briefings and so on. the real issue here is whether in the individual mandate that requires you or i to buy a health insurance policy or pay a penalty, whether the commerce clause which is what this is all being decided under, it doesn't have any limitations, how far does it go, can you passively, use the word passive, no matter how passive.

most judges i know wouldn't begin to go that far, in fact, the supreme court has ruled in other cases recently that there is a limitation, there are limiting principles to the extent to which the interstate commerce clause can go. the justice department's argument is the silverman argument. he just bought it. he simply said look, it's so big, health care is so large, we're going to have to let this go. it's not unique, though. health care is not unique. you've got, if you want to talk about cost shifting which is really the argument in the justice department's case, and the impact of your not buying a health insurance policy on everybody else, you've got people that don't pay credit card debt that impacts everybody else. gregg: look, there is precedent and you're familiar with the two cases, the wickard gays and gonzalez case which was a recent one which the high court affirmed the right of congress to regulate even personal activity if in the ab grow gate it -- aggregate it has an impact on

interstate commerce. doesn't the fact that there are millions of americans that go uninsured, doesn't that impact health care costs, and thursday, commerce? >> well, in theory, of course it does. i mean, everything you do is economic activity, just about. but it's a question of are you active. we've never had a supreme court ruling in the past, ever, where the congress was determined to be able under the constitution to require somebody to buy a product or a service. that's very unique in this case, and a very unsettling extension if they do extend it to the commerce clause. in addition, you and i can sit here and list together, and i started to and i'm certainly not going to list all of them, literally hundreds of ways in which passive inactivity would impact the economy, but is it right under the constitution for everybody to be able to do that? then the other big question in the florida case, not decided in any other case, is whether or not the medcade -- medicare provision, or the medicaid provision, i should say, is constitutional, either, are

they coercing the state orioo. >> gregg: in anthony kennedy's, the swing, the former clerk who is now a law professor at george washington, he says based on kennedy's past writings he's going to side with president and the congress on this. we'll wait and see. bill mccollum, former together of florida, congratulations, they took your case and we're optimistic. >> i'm glad they did. martha: and supermario, italy's prime minister, mario monci is rush to go form a new government after sil vo berlusconi stepped down amid this huge debt crisis starting to envelope italy and it threatens to topple the eighth largest economy in the world and throw the united states economy. so what is the game plan of this new interim prime minister? >> martha, that's right. mario munci is supposed to

be above the fray, a none political figure but the fact of the matter is he's very much in the middle of it, especially today and toarnlings he's choosing a cabinet, trying to come up with the ministers that all the political parties can agree on. now, that's really his first step. his second is much stuffer. -- tougher. after having the team together, trying to cut the fat in italy, trying to bring the debt under control, also get growth going in the country which has an huge problem, one of the reasons sil vo berlusconi stepped down. silvio berlusconi will not be disappearing from the scenes. certainly his enemies would like him to do that after he was such a progag nis for the past 17 years. he says he will will be there, he's not the retiring type, this is the country he loves and wants to see is modern i've dollars -- modernized. >> martha: they need a superhero now. gregg: president obama ditching tradition at the

meeting of pacific rim leaders in hawaii by choosing not to have his guests and himself wear hawaiian aloha shirts. only serious suits here. actually it was japan that ended the tradition last year. many felt tough economic times didn't really call for money spent on such props, the tradition of funny shirts. the local custom was started by president bill clinton nearly two decades ago, and don't you want to forget that shirt? >> martha: i think it was a wise decision they not wear hawaiian shirts. that's a bad photo opportunity for any leaders right now. gregg: kind of has a 1960s look to it, doesn't it? >> martha: or something worse. all right, so that's the decision on their part. coming up, another eviction notice for occupy protestors in oakland, across the country, the governments are cracking down and dismantling the protest camps. could this be the beginning of the end for the movement?

we're going to talk about that. gregg: an explosion flattens a house in chicago. homeowners, still inside. a terrifying scene. neighbors say they will not soon forget. >> we didn't know if our house was going to explode. it looked as if it was going to catch fire. >> the hair was on fire, clothes were on fire. i never saw the wife. him, he was bad off. he was all bloody. [ artis brown ] america is facing some tough challenges right now.

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fire toss neighboring homes. no word yet on the cause. occupy philly has changed. we're seeing serious health and safety issues playing out on almost a daily basis. >> crime especially reported assault has increased in the area and around the camps. this is in addition to the health and sanitation issues that the camps' close quarters have brought about. martha: two mayors now voicing growing concerns over the occupy wall street protests in their cities. thousands of protesters, clashing with police officers in portland yesterday, after defying order toss leave that public park, and officers in riot gear, working overnight to force demonstrators out. it's turning into a very ugly scene in a number of these places. so that's just one of the several cities where the mounting tensions and public complaints are causing lawmakers to start to crack down on some of these protesters. joined now by stephen moore, senior economic writer for

the "wall street journal" and sally cohen, an occupy wall street supporter and activist, also the founder of movement vision.org. i thank both of you for being here today. >> thank you martha. martha: sal -- sally, let me start with you, we start with the tone in the mayor's voice. he said you know what, this has changed. this is not what it started out to be, and i'm worried was his tone. >> he's right to be and we all are. look, there's no question there is a small group of yahoos in all of these protests that have been engaged in nonproductive and violent activities and add to that the fact that you set up these sorts of public camps and of course, all sorts of people with preexisting challenges, whether drug allows or mental illness add to that dynamic. the fact of the matter is though they remain a small minority and there is a group in the media and washington and wall street who want to exploit these small incidents of violence to try and undermine the broad popularity of the 99 percent movement. martha: is that true steve?

obviously, in any group like this, you're going to get yahoos, as salary yes, sir -- sally says, and with violence and obstruction, in some case, but do they need to separate and is there an underlying significant movement saying something here? >> look, we're all incredibly frustrated with the failure of obama's economic polices and i'm probably more frustrated than the occupy wall street people. the problem as i see t. this has been going on for a couple of months. outside of washington, d.c. where i live, for example, i was driving by the encampment last night, and it's just -- it's disgusting, and it's a place that i believe that is a safety and health issue with respect to what's going on there. they're building chanty cones on public property and i think that's beyond the pale. when you see these riots and disregard of what the police say, i think it's where occupy wall street has gone too far. to say one other thing to sally, i think these

protests have now actually been destructive to the cause that the people engaged in the first place. martha: that's the question to the people who identify with this, sally, should they separate in some way or pick a new form of protest, maybe camping out in urban centers is not going to get the attention they need. is there anyone standing up and saying that among this group? >> yeah, actually. and i think, look, again, my larger point is we don't paint them with too broad a brush stroke and focus in on the isolated incidences of violence. martha: but people are getting hurt, right? if you care about all people, obviously you do, you want to deal with this, because it's becoming a dangerous situation, you know, if it's one person injured, it's too many. >> martha, you are exactly right, and there's a concern among the majority of people who are involved in thee protests, as well as all the supporters, that these incidences of violence, while isolated are nonetheless utterly disruptive to the ality is this t

has changed our conversation. there's a smallie leet in washington and wall street who want us to focus on debt and ignore our growing inequality and lack of jobs. this movement has gotten the country to refocus on jobs. >> sally, it's -- >> martha: you are -- in articulating the argument, how does that, steve, need to be defined in your opinion? >> look, i think it's not just a fringe element of the occupy wall street movement. it's the movement itself. a lot of the activities are engaged in disrupting commerce, preventing this -- blocking the streets and so on that i think are very disruptive and turning the american people against what occupy wall street is engaged in. look, i think a lot of these protests should be engaged against president obama and this congress for polices that have created 14 million unemployed people. sally, i don't see the anger directed at the right place. i mean, these polices are -- >> martha: wait a minute. why are they not turning their anger on the

administration? they don't seem to blame the administration at all for their problems. >> that's not correct, martha. a lot of them are angry at the obama administration. a lot of these folks are young people that voted for change and haven't seen it happen, and what they're frustrated by, and i would note the things that the tea party are frustrated by, washington has become a wholly owned subsidiary of wall street. >> wall street? >> the polices our government under both parties has passed favor the 1 percent and systematically hurt the 99 percent of hard working americans. >> you know what sally? there's a big problem here, because these polices haven't worked very well. you talk about the tea party movement. i went to a lot of those rallies, and martha, i never saw the kind of disregard for the law and the hooglanism that we see with occupy wall street. martha: we've got to leave it there. thank you very much for coming on today, sally cohen, steve moore. >> thank you. gregg: let's check in with jon scott, standing by with what's coming up on "happening now". >> jon: good morning to you!

in about ten minutes we'll continue looking at the breaking story of the morning, the sus supreme court, it will decide whether the president's health care overhaul is constitutional. now, of course, federal spending on health care projected to skyrocket if that law stays on the books. the so-called supercommittee has ten days to chop a trillion dollars from the decifit. should it do more? we'll talk with an influential adviser who's pushing for even bigger reductions of the find out what it means for your tax and your benefits. plus, scary statistics just out. we could be less than 20 years away from a world in which one in ten people has diabetes. and an historic treasure, locked away and forgotten, the unbelievable of a storage locker auction that turns out to be worth half a million bucks. gregg check your storage locker! jon, thank you very much. a desperate search for a missing toddler, the boy's mother, the last person to see him. what police are now saying about their test of her alibi. a live report.

>> my hope is that he's coming back, and that's where i find my strength, that he's going to come back.

gregg: police in washington state, stepping up their search now for a mission two-year-old boy, sky metawala was last seen more than a week ago, his mother, claiming she left him alone inside her unlocked car. police and volunteers now coming by parks, setting up road blocks to talk to drivers who commute in that area. dan springer is streaming live from bellevue, washington. dan, any movement over the weekend on this case? >> reporter: well, gregg, police are hinting here in bellevue, washington this could be the day they switch this from a straight missing persons case to a criminal investigation. so far they said they have not had any evidence to

point to a crime, but that could change today. we know that there were some major searches over the weekend, one on saturday involved 140 police officers, some on horse back, riding through merrymoore park in redmond which is close to where the mother lived, they cordoned off the area, went through, looked through bodies of water, then on sunday they wen and retraced the steps of the mother, she said that she broke down on her way to the hospital. they went in that neighborhood in bellevue, went door to door, asking people if they saw anything, but again, nothing turned up in those two big searches over the weekend. gregg: has there been any more cooperate from julia, sky's mother? >> reporter: yeah, no, she hasn't. in fact she still is not talking to police. all questions are going through her attorney, the attorney says she's devastated and traumatized by the fact that sky, her son, has been missing now for a week, but still police say they're desperate to talk to her. yesterday, the father of the boy, he passed out 1800

flyers with the help of volunteers, but that turned up nothing. they certainly want to talk to her. they say she holds the key to this case but so far nothing she has said, that she ran out of gas, she have discounted that story completely. there was gas in that gar. there were no other mechanical problems that would have caused that car to break down. so they say her story doesn't hold up. she holds the key. and so far, she's not talking. gregg: dan springer, live in bellevue, washington, dan, thank you very much. martha: well, the child sex abuse scandal that's been rocking penn state that is done so, to that university to its core and the latest big name to step down. we're going to tell you, plus the controversy surrounding the judge in this case. an attorney for one of the alleged victims will join "happening now". companies you're just a policy.

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