>> eric: that's "the five." thank you for watching. >> bob: bye! i didn't know we were on. bye. ♪ >> gregg: hello. glad you are with us. i'm gregg jarrett. >> heather: i'm heather childers. welcome to a brand-new hour. topping the news this hour, a black eye on black friday. reports of violence all across the country hitting the nation's biggest department stores particularly hard. what responsibility do retailers have? our legal panel debates. >> gregg: mitt romney started out as the favorite in the presidential sweepstakes, but now there are questions about his viability especially in places like south carolina and

iowa as well as new hampshire. so we'll be talking about that, as well. >> heather: and pakistan ordering the u.s. to vacate a major air force base within 15 days, this after they claim a nato air strike killed dozens of pakistani soldiers. we'll have that straight ahead as well. >> gregg: we are getting reaction fast and furious on deadly nato attack on a pakistani military outpost. it's been fast and furious. new word that the u.s. military has been booted from one of the air bases. pakistani leaders are reevaluating ties with united states. pre-dawn raid on a checkpoint very close to the border killed 26 soldiers, a potentially huge blow to already strained relationship between pakistan and the u.s. molly henneberg joins us from washington with more.

>> molly: pakistan's prime minister calls it an attack on pakistan's sovereignty. two army checkpoints hit. two dozen soldiers killed. nato says helicopters were called in they were fighting insurgents in the area. a spokesman for john allen, head of nato forces in afghanistan says the general wants a thorough investigation. >> he expresses his sincere and personal condolences to the families and lov ones of any member of the pakistan security forces who may ever been killed or injured. >> molly: the general says the incident happened in part of the region between afghanistan and pakistan where the border is, quote, not always clear. one military analyst says the taliban offered areas to make air strikes more difficult for nato forces. >> if the taliban can interpose between the pakistani outposts and the patrols they gain the

advantage winning the fight for small arms. there is an intentional part of this. >> molly: pakistan shut off key supply routes into afghanistan and also calling the u.s. to leave the air base within 15 days. it's a place for u.s. drone strikes but the u.s. has denied any u.s. military is there. the head of pakistan's army, a strong protest has been launched with nato it's been demanded that strong and urgent action being taken against those responsible for this aggression. the u.s. ambassador to pakistan offered his condolences to the pakistani government and pledged that the u.s. will work closely with pakistan to investigate the incident. >> gregg: molly henneberg live in washington. >> heather: at least one man is dead and another round of

clashes with egyptian forces days before elections there. protestors demanding an end to military rule. increasing violence has been fueled by decision yesterday by military leaders to appoint a prime minister who served under former president hosni mubarak. reena ninan, has the violence died down at all, reena? >> the protests continued but the numbers in tahrir square is not as large. however, today there was one man run over by an army vehicle. he was run over multiple times. they picked up his body and they realized he was dead. clashes are still continuing on and off in the square. more than 41 people have been killed since the protests broke out a week ago. >> heather: what can we expect in the coming days?

>> reporter: they are calling for one million people to protest tomorrow. parliamentary elections are set to begin on monday. they will run longer than expected and go into tuesday. muslim brotherhood is one group that has not come out to protest because they are expected to win on monday on these elections. it's likely they will join forces with the army to try and use their new found power and clout to get the protests to dwindle. we'll waited to see what happens in the coming days. >> heather: reena ninan, thank you very much. >> gregg: three american college students arrested during violent protests in egypt have left that country. police official confirming gregory porter and luke gates and derek sweeney all left egypt this morning. they were arrested last weekend for allegedly throwing fire

bombs at security forces during a protested. >> heather: death toll climbing in syria, four more people are reportedly killed. one of the victims a ten-year-old boy according to a british human rights group. this is amateur video of some of the clarks between military. some 3500 people have died in the eight month uprising against the president assad. arab league meeting today to impose sweeping sanctions against the government there including suspending bank accounts and trade until the violence ends. >> gregg: yemen will hold an election in february, all part of a deal aimed at ending protests there. the president was forced to resign this week. it's all part of an accord brokered by the united nations. vice president will serve as interim leader until the

election. bloody cram down have left hundreds of people dead since january. >> heather: this is really unbelievable. black friday mania living up to its name for several shoppers including one man that was shot by a group of armed robbers demanding his packages in northern california. in michigan, a teen girl suffered minor injuries after getting trampled by a rush of customers. in los angeles, a woman pepper-sprayed several shovps to keep them away from merchandise that she happened to want. in arizona, police are under fire for stranding a 54-year-old man leaving him with a broken nose. the man was shoplifting but his wife says he was only trying to help their young grandson after the boy was trampled by other shoppers. all these incidents took place at nine different wall marts all

across the country. >> an update on pepper spraying at a walmart. the woman who allegedly pepper-sprayed shoppers to get her hands on electronic sales has since turned herself in. she faces possible battery charges. that attack took place shortly after walmart opened its doors thursday evening. the store apparently brought out a crate of discontinued discounted video game players when the woman begin spraying. >> heather: it's crazy what is happening out there. retailers saw a bright outcome on this black friday with initial returns showing u.s. consumers spent about 10-14% more this year. experts say more shoppers took advantage of the early store

openings opened by a lot of retailers. >> you saw the lines on black friday. small business saturday may be just what you and your local economy needs. it's spread across 14 cities nationwide. it encourages shoppers to support independent stores. so that far they seem to like the bargains and helping out their neighbors. >> it's amazing. >> deals in toys. >> they take time to guide you when you need to buy something. >> i do try to get some incentive to shop local. >> better service, more unique products. >> they know they can find something and get help. >> gregg: small business administration likes the promotion saying that small

businesses give more money back to the community and help create more jobs in the long run. president obama also supporting small business saturday. in fact he took his daughter to an independent bookstore in washington, d.c. >> heather: on the campaign trail, michele bachmann coming out swinging at newt gingrich saying that he supports amnesty for immigrants. peter doocy is if following all of this from washington. >> michele bachmann came at former speaker of the house with guns blazing saying the ideas he laid out in a 2004 "wall street journal" editorial where he said he wants to keep a door open to those with a will and heart to get here equals amnesty. >> even barack obama couldn't get amnesty through the congress because the american public opposed it but newt gingrich is

for it as recently as less than a year ago. he came out with the same policy that he stands for amnesty for illegal aliens. >> reporter: the campaign saw that and e-mailed us a response. two things are going on. either the congresswoman is intentionally lying to people or she does not understand immigration reform. it's sad to see from a presidential candidate. as gingrich tells supporters he does not support amnesty he did have bigst crowd so far. 750 strong and pollsters say most people consider romney the front runner, gingrich could be the one to knock them out of first place. >> romney does have a number of liabilities as a candidate. so while he is probably more electable now, it isn't clear to me that is necessarily going to be the case for the long haul. >> newt gingrich is going to spend the first half of the week

in south carolina. >> heather: thank you very much. peter doocy in washington. >> gregg: 2012 republican presidential field is pretty crowded one. 11 candidates officially in the hunt but some are running short of cash and barely on the radar. despite the odds, second tier candidates are vowing to fight on to iowa, but is it time for some of them to toss in the towel? joining me is jamie winestein. good to see you. the lead changes more offer than baby diapers. bachmann, perry, cain, now it seems gingrich's turn. he may have hurt himself with the immigration remarks. is it wise for everybody, even the second tier candidates to stay in the race? >> absolutely. i don't see any reason why they should get out before iowa. the field is as erratic as it is

who knows what could happen with candidates that are rising and falling, suddenly rising with others coming up tlsmts is no reason with just over a month in iowa why anyone would drop out as long as they have the money to stay in. iowa is not too expensive. there are certain candidates that are basing everything on iowa. if they don't do well, maybe she they should drop out. >> gregg: in iowa, newt gingrich advocated legalizing the 11 million illegals which opponents condemned as amnesty. then, it may not be playing well in iowa because congressman steven king who is very influential there and leading voice against illegal immigration said the following week. we can put this up on the screen.

top aide to the governor said this -- gregg: so, how much do you think gingrich may have hurt himself? >> first of all, in fairness they are playing politics. i don't think what he said was amount necessary at this. >> gregg: legalize people, that is amnesty, isn't it? >> no, not exactly. there is many different things on the tiablt what they call legalizing people. the question is what degree apparently is it. do you get sent home. that to me is amnesty, a free pass. i'm not sure what is called for. certainly in the field it could ever an effect in iowa with some of the voters that hold immigration as a serious issue.

the question is how significant a portion of the electorate is that? i don't know. right now he is leading in iowa. >> gregg: looks like within the margin of error. look, rick santorum has taken up residency in iowa. could he see a sudden swell of support between now and the caucuses? >> earlier this week from was reported to be a meeting of some conservative iowa leaders and they were trying to find a candidate who would not be romney, they could unify behind romney. they didn't come to a conclusion, but rick santorum would be a natural possibility. he has done very well in the debates. he is a strong social conservative. he could see a surge in support. he is basing everything on iowa, he needs to do very well to remain in the race. there is the potential to see

him surge. so far we haven't seen that. his polling in iowa is very low. >> gregg: let's talk about ron paul and last debated he raled against the patriotic act. he seems to embrace many positions that are anathama to tea party principles yet he continues to do well in the polling. how would you handicap his chances in iowa? >> ron paul has a passionate base of support, probably the most passionate of any candidate. he certainly is popular with a certain constituency. if it were to split in iowa, he could do very well there. however, i think it needs to be clear that even if ron paul does well in iowa, more scrutiny will be applied to his foreign policy which i think is unsustainable in a republican field. there is no way in my mind he could win the nomination the.

>> gregg: the bigger picture, mitt romney is not the first choice of conservatives. do you think conservatives and tea party activists would in the end rally around mitt romney as a moderate who attract all the independents that are always the swing voters in the name of defeating president obama? >> i think certainly in the general election, i think that would be their choice. i don't know what choice they would have unless someone mounted a third party campaign which would only be sure to elect obama. in the general election they would and even in some of the primary states, if they are looking as to who looks presidential. mitt romney certainly looks like a presidential candidate and would match up well against president obama, i think. >> gregg: thanks for being with us. >> heather: new developments in

a robbery. two men reportedly being lured to their death with a promise of a job. police in ohio confirming another twist and what it could mean to their investigation. >> fast and furious sparking a new debated over tougher gun control laws. what it means if you are trying to buy one. ♪ ♪ . i'm embarking on a journey of epic proportion. i will travel, from sea to shining sea, through amber waves of grain, and i won't stop until i've helped every driver in america save hundreds on car insurance. well i'm out of the parking lot. that's a good start. geico, fifteen minutes could save you fifteen percent, or more on car insurance.

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>> heather: welcome back. as congress continues into the investigation into the botched gun running program. the scandal is giving new life to the debate over gun laws along our border. live for us in los angeles with more on that. >> reporter: it is accurate but it's all part of the spin as both sides basically attempt to use this argument or this tragedy to their advantage. some democrats are using this operation as pretext for gun laws. republicans claim they still haven't determined who is responsible. consider all part of the blame game.

>> 38,000 dead in mexico, whose fault is it? >> so many of these guns come from these gun stores along the border. >> democrats blame america's lax gun laws, republicans blame the cartels. >> federal government certainly aided and abetted gun trafficking when then may very well have contributed to an agent's death. >> reporter: new light to an old debate. 70% of guns found at mexican crime scenes come from the u.s. >> we know these guns go into the hands of the cartels. we know how they are used. >> untrue save gun advocates say 70% is traced firearms but not recovered. 21% of mexican traces are dupely cats and many guns are old suggesting they may come from

u.s. military sales to central america in the 1980s. >> they condone fast and furious to regulate gun sales. >> president obama stated that he is working for gun control with alternative methods. i hope this isn't one of them. >> reporter: democrats want a new rule requiring gun stores to report anyone who buys multiple rifles within a certain period. they say it's not about more laws but enforcing those already on the books. >> heather: thank you very much. >> gregg: we're learning that pakistan is reviewing its diplomatic ties with the united states after an alleged deadly nato air strike. u.s. military being told to get out, a lot have of one of bases there. what it is going to do to stability in the region.

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>> gregg: time for the top of the news. three american students detained during protests in egypt are heading home. they were arrested for allegedly throwing fire bombs at security forces during a protest. >> heather: the government is investigating new fires linked to the chevrolet volt. this in addition to a battery fire six months ago. general motors said the investigation is, quote, part of normal operations. >> gregg: 15 people are dead in baghdad. latest attack comes a few weeks before all-american troops are scheduled to leave that country. pakistan retaliating against an alleged nato air strike by

ordering the u.s. military to leave an air base within next couple weeks. nato's supply lines have been shut down and leaders are ordering a review of all arrangements with the united states and nato and including diplomatic ties. pakistani officials say the raid killed 26 of their soldiers. a spokesman for international security assistance force says they are investigating. >> the leadership remains committed to improving security relations with pakistan including operations along border regions in our united fight against terrorism. >> gregg: here is rick grenell. how much of the setback is this for nato, the united states and it's relations with pakistan and security in that region? >> it's obviously a setback. this is a tragedy. it's terrible when anybody loses

their lives, pakistanis included. i think the adults in the room are going to win the way here. we clearly to have remember that pakistan is a nuclear country. they have serious weaponry, they also have constituency that is going to try to advantage of it. hopefully we'll be able to come forward and show the pakistani government that they are going to have to act like adults here. >> gregg: there will be expected condemnation from pakistani leaders but that is more for domestic consumption, isn't it? after all, in the end, they need u.s. money. >> they absolutely need the money and it's a lot of money. hopefully the white house and state department are going to come forward and put pressure on this government. this pakistani government is notoriously weak government. we also have to remember that

wikileaks showed us that they were working with the united states on the drone attacks but won't admit it. i think we've got a problem with a weak pakistani government. they need to stand up and they need to say, look, these drone attacks and all the work between afghanistan and pakistan border is for the benefit of the pakistani people. they are fighting pakistan's enemies and they need to be clear about that. >> gregg: let's talk about egypt. hundreds of thousands of egyptians have been protesting over the last couple of weeks angry that the military has not only continued its control but escalated it. the military then tried to appoint a civilian leader but height turns out to be a former subordinate of hosni mubarak. will he be a subordinate of the military now and a pupt, if you will, that is not going to appease the demonstrators, is it? >> i don't think it will.

demonstrators are mixed group. certainly a lot of young people who took facebook and twitter and demanding new rights and liberties which is great. but what we have in egypt there is a problem that the muslim brotherhood is most organized political group. so that is a problem as we head into elections next week. i think we're going to have to get tough once again with the government and with the money. we spent $1.3 billion annually of u.s. taxpayer dollars going into the egyptian military alone. we've got some tools in our tool belt, but unfortunately i don't think this administration has been aggressive enough. we have one sliver of hope here. the u.s. ambassador to egypt is anne patterson who was appointed by president obama but has the full backing of many republicans. i think we're united with our front there in egypt but we're

going to need more help from the white house and the state department in trying to use some of our covert operations and trying to make sure that the islamic parties don't take over and become part of the government. >> gregg: how worried should we be that the muslim brotherhood will gain control over the government and use egypt as a base for radicalism? >> we absolutely have to watch that. there is a bigger role for the united states to play. i think we can take the longer view and that hopefully these th arab spring is going to bring in real democracy or at least a government that is trying to help the people and give them greater liberties. we've seen it in tunisia the islamists won 40% of the vote but 60% of the people voted for political parties that were not islamist groups. that is a sliver of hope.

whoever wins, they are going to have to looks out for the people. >> gregg: rick, great to see you. thanks very much. >> heather: new developments on that deadly in ohio, they have identified the body of a second man linked to a phony ad that was apparently used to lure victims into a deadly robbery plot. julie banderas is following this live. >> julie: authorities have identified a second victim totaling three bodies possibly connected to this serial craigslist murder string. they are not sure if there are more victims out there. the body was found in a shallow grave near a mall in ohio. he had been missing for more than a week after answering an ad for a farm hand. authorities say led to the shooting death of a 51-year-old resident. a white unidentified male body

was also found in a shallow grave about 90 miles away. the family says he turned to craigslist to provide for his family. >> he told me that he really wanted to better himself to get a good job where he can support or give the kids the things he want. >> julie: south carolina man was shot and escaped and managed managed to alert authorities. >> he is my hero. if he hadn't gotten away, i would have went. >> julie: the f.b.i. actually called him and alerted him of the situation. two people are in custody. 52-year-old richard beasley is in jail and high school student has been charged with attempted murder. according to police, beasley was looking for an older or single divorced person to watch over a farm.

someone who wouldn't be reported as missing. all three victims were divorced. the men were asked to fill out an application for the $300 a week job. it turns out the farm advertised on craigslist does not exist. law enforcement officials have released very few details because of a gag order so they are asking to contact f.b.i. cleveland's office if you have information. >> heather: thank you julie banderas. >> gregg: occupied wall street movement leaving millions of americans footing the bill. that is right. you are paying for it. with the extra costs in security cleanup are the protestors any closer to getting their message across? our panel weighs in next. givest annual bonus. so you earn 50 percent more cash. if you're not satisfied with 50% more cash, send it back! i'll be right here, waiting for it.

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>> heather: super committee failure calling a rift on capitol hill leaving congress under mounting pressure to save jobless benefits and tax cuts. what happens if they can't get it done? let's bring our panel, kimberly guilfoyle and jehmu greene and andrea borrelli. thank you all for joining us. congratulations kimberly on 100 jobs for "the five". >> i it was so excited. we saw the camera, i'm not a hundred yet. >> people are feeling hundred plus, all the members of the congress, they can't seem to get anywhere with anything. the public really showing disapproval. only 10% approve of the job that congress is doing. let's talk a little bit about this. what can they do? >> we have a divided government

going on right now because of the last election. you know what is more concerning is the fact we have incompetent government, specifically in the senate majority under harry reid's leadership which is a huge problem. >> i think there is an abdication of leadership. i have to be optimistic this is going to get done. it didn't come as a surprise with me. certain have positions that are not willing to give. so both sides could be at fault. big winner is president obama because it feeds into the class warfare, he is having a hard time because this is a congress he can't work with and specifically republicans are putting their own interests and politics ahead of the american people. that is the rhetoric he is using for the campaign. >> i think most americans would look at this and say four-letter word. quit, get out of there. they are incapable of speaking

to policy positions and compromises especially from the republican standpoint. they were willing to look at how we could increase revenue before it became about political or defeating barack obama in 2012, there was an opportunity for us to compromise. now many of the republicans have just said there is no way we're going to compromise. we're not going to put increased revenue on the table. so all of congress is being lumped together where at the end of the day who should really quit is anyone who says i'm an elected official and i'm unwilling to fight for the american people with a compromise. >> heather: isn't eight problem to begin with that the super committee created to begin with. >> both chambers should have been involved. as far as i'm concerned they kicked the can down the road and tried to shift the responsibility on 12 members of

the committee. but all parties should have been involved with this. >> throw a deadline in the way because people were suggesting the cuts would not take effect into 2013. so it wasn't really something they felt real pressure on. >> heather: i did want to talk about this poll of sorts. this graphic that was put together by senator michael bennett. more popular than congress, more popular than congress right now the list includes, president nixon during watergate at 24%. congress is at 10% approval right now. and oil spill in the gulf of mexico, approval 24% and the u.s. adopting communism at 11%. all greater approval ratings than congress right now. [ laughter ] >> it doesn't mean anything if we don't have an influx of new

people to replace the folks that are unwilling to compromise. i would like more teachers and nurses to put themselves up for political office. when you are on the job you are there to actually do something you are hired for. >> i don't know if i would have run for public office because what happens when you do. >> heather: it's been over two months since occupied protests sprang up around the country and costing taxpayers $13 million. are they getting their message across? >> this is a disgrace. i'm part of the tea party movement. we play by the rules. we get a permit, you obey the law and you go home. they have been getting away with this far too long and it's costing the cities way too much money. >> $13 million that is the cost of the cleanup and security that

type of thing. >> i think it's important to express their opinions as a lawyer. first amendment, it's very important, i believe in freedom of speech. if they have a protest or grievance, absolutely at a certain point you have to draw the line and stop coddling to people that are resorting to boycotting black friday. we want people out there spending their dollars to get this thing thriving again. that is the big problem. you are only hurting hard working americans. people want to bring money home to their family. it makes no sense. >> everything comes at a cost. and yes $13 million is a big price tag, it was a big price tag when there was disruption in the original constitution convention. >> the bill of rights. >> the folks down in montgomery

that had to find a way to get to work, it made a difference even though it made their life economically harder. >> in my lifetime i've never seen so much conversation about despair in this country and it's because of the occupy movement. >> heather: song selection during michele bachmann during late night. claiming there is a bias because of her politics. our power panel weighs in on that up next. [ male announcer ] if you think tylenol

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>> heather: presidential candidate michele bachmann making an appearance on jimmy fallon that went fine until they performed a song during his entrance that referred to a woman and lying. it also included two words that are too salty for our show. kimberly guilfoyle and the rest of our panel. jimmy fallon did apologize for it. how do you feel about this. i was pretty outraged because i like jimmy fallon and i don't have any explanation for this? >> i think this is less about

fallon and more about the drummer rolling stone at the said is one of two-top two music tweeters. he is out there on tweeting but the reality is a conversation about sexism women candidates is way overdue. it is harming us as country. i think what i am a little bit bothered about is congressman bachmann's approach it's a partisan thing. he is being attacked because of political beliefs. one thing back in the 2008 time era, barack obama came out with a song by jay vee that had. i'm going into it. you attack one woman and you attack all women. >> it's a huge double standard. like it plays the same way on

both sides but it doesn't. >> they have done it again and again. >> that is totally false. >> what they said about michelle obama and what they referred her. >> can we see it's wrong. >> i want to say something. >> let me tell you something, this drummer is barack obama supporter. i'm not going sit here and listen to the fact he would play the same song about michelle obama as he did michele bachmann. that is completely false. there is no evidence to suggest that she has been mistreated in that way. look at sarah palin. you're right. if it were clinton or somebody else that wouldn't be the case and nbc was late in apologizing and i think it's unfair burden that conservative women face. >> i think what you are arguing,

i agree with you, but it does across the board for all women. something needs to be discussed and move forward from this particular incident, but with this particular incident it's clear that he is a supporter of obama. it's against policy, as well. >> it's absolutely unacceptable but the only way to tackle this effectively if we get out of our partisan half corner and say this is an attack on all women. there is no double standard because we're all attacked. clinton was attacked in the same way. >> it's not about conservative. it is all women and hold hands and we're not going to accept it left or right. >> it's a gender issue but it's also disproportionately affects

conservative women. women are not treated the same as men. >> it's very offenseive. >> something should happen. >> we'll see. >> heather: that wraps our panel. thanks for joining us. very fiery issue. i like it. >> gregg: it wasn't awful and it wasn't funny that is weird thing about it. pakistan telling the united states to via indicate a critical base immediately after they say a nato military strike killed dozens of pakistani military members. we're going to have a live report from washington straight ahead. [ male announcer ] it's simple physics... a body at rest tends to stay at rest... while a body in motion tends to stay in motion.

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>> gregg: herbalife low, everyone. welcome back. i'm gregg jarrett. >> heather: i'm heather childers a. brand-new hour inside america's headquarters. topping the news this hour, a black eye on black friday. reports of violence all across the country hitting the biggest retailer particularly hard. what responsibility does wal-mart have? our legal panel debates both sides. >> gregg: mitt romney who started out as a favorite in the gop presidential race to win the nomination y. are some conservative leaders reportedly still looking for somebody else. >> heather: a new reward offered for any information leading to michelle parker. she's the mom who went missing

after an appearance on a popular court tv show. we'll have the latest in that search. >> gregg: pakistan reportedly reevaluating its relationship with the united states after an air strike being blamed on nato. pakistan says more than two dozen people. a potentially devastating blow to already unstable ties between the u.s. and pakistan. molly henneberg joins us live from washington with the very latest. molly? >> hi, gregg. pakistan is demanding answers as to why nato helicopters and fighter jets fired on two separate pakinstani army checkpoints in the middle of the night, killing at least two dozen pakinstani soldiers and wounding 11 more. today a nato spokesman called it a tragic development, offered, quote, heartfelt condolences and said it happened in a remote border area where the lines between countries are, quote, not always clear.

>> consisting of afghan national security forces and coalition forces was operating close to the border and as the situation on the ground developed, they called on close air support which came in and highly likely caused the pakinstani casualty ies. >> general jacobson said a thorough investigation is underway. one military analyst explains what they'll try to figure out. >> where were the pakinstanis? where were the afghans and where were they directed to deliver the weapons? if they all come out okay, then it's an error in judgment. if the bombs didn't land where they were supposed to, it's an error in technology. but either way, 24 pakinstani soldiers, two officers were killed. so the strategic implications of this apparent tactical mistake could just be enormous. >> a spokesman for pakistan's military insists this incident is not due to a confusing

border. major general abbas said, quote, when the other side is saying there is a doubt about this, there is no doubt about it. these army posts have been marked and handed over to the other side for marking on their maps and clearly inside pakinstani territory. pakistan shut off key supply routes into pakistan for nato. there is a hub for covert c.i.a. drone strikes. although the u.s. has never confirmed that. gregg. >> gregg: molly henneberg, thanks very much. >> heather: another round of clashes between protesters and egyptian security forces leaving at least one person dead just days before elections there. protesters demanding an end to military rule of the increasing violence fueled by leaders to appoint a prime minister who apparently served former president hosni mubarak. reena ninan joins us live from our jerusalem bureau with more.

are things getting any better at all? >> the protesters continue, but the numbers are dwindling from what we saw earlier in the week. one man was killed when an army vehicle ran over him multiple times. protesters say that when they picked up his body, he was pretty much dead after that incident happened. more than 41 people are believed to have been killed since the protests began last saturday. >> heather: and what do we expect to see or to happen in the coming days? any idea about that? >> tomorrow they're calling for one million protesters to come to tahrir square. they'd like to get the numbers up. and parliamentary elections are scheduled to begin on monday. the ruling military council says that will continue. they'll extend them to tuesday. the one group that's running for election, for parliamentary election, muslim brotherhood. we haven't seen them come to

protest. that's because they're expected to win big on monday. if they do, it's likely they will join forces with the army to end the protests in tahrir square. >> heather: thank you very much. reena ninan reporting live from our jerusalem bureau. thank you. >> gregg: arab league may impose a travel ban on syrian officials. this move part of an effort to end a violent crackdown on an eight-month old uprising against president al assad. this comes after syria ignored the arab league's deadline to let in international observers. sanctions could include a ban on commercial flights and a freeze on bank accounts and financial dealings. >> heather: tensions exploding in a florida wal-mart on black friday. fists flying, a man under arrest. and that's just the beginning. mike from our fox affiliate in orlando reports. >> oswald got a trip to jail as his special deal. here is a cell phone video that shows him arguing with a

customer at the jewelry counter. alberto shot that video. he's a regular black friday shopper. >> it's been chaotic before, but not like this. i mean, it was really chaotic. >> what grabbed your attention? >> i heard the argument. i just heard them arguing. i turned around and then i seen them. i'm like okay. let me break out my camera. >> he wasn't sure what started the whole thing, but as the man disappears behind the display, the police arrive. >> i'm thinking to myself, i'm like, this is going to escalate and going to get bad. >> here police are holding him down, he ran over, surprised there was more commotion. >> he started fighting the cops because they thought he was going to go out. they were going to escort him off the premises. you got to go? he didn't. he started fighting the cops. >> to shoppers that were here at the start of black friday, the tension exploding comes as no surprise. >> when you are inside, you have to be waiting a lot in line to

pay and everything. that's crazy. >> heather: thanks to mike. wal-mart says that this is an unfortunate and isolated incident and they will help law enforcement, adding that overall black friday is a safe shopping experience at their stores. but gregg, you're going to talk more about that coming up a little bit later. >> gregg: that's right. this isn't the first time for wal-mart. three years ago, someone was trampled to death. black friday. the question is, was wal-mart on notice and do they have an affirmative duty to protect their customers? occupy wall street tries to make an impact on black friday. protesting outside a macy's department store. protesters encouraged shoppers to choose smaller, local stores over the big retailers. no arrests were made during that protest. >> heather: holiday shoppers in the northeast enjoying a warm fall day.

in new york city, temperatures are well above average for this time of year. i didn't even wear a coat today. typically helps boost holiday sales. >> gregg: on the campaign trail, republican presidential candidate michelle bachman coming out swinging, going after newt gingrich for his stance on immigration. in the meantime, new polls showing it's gingrich versus mitt romney for the gop nomination. peter doocy reporting from washington. >> congresswoman michelle bachman came at former speaker of the house newt gingrich with guns blazing, saying the ideas he laid out in the "wall street journal" editorial called welcome to america where he said he wants to keep a door open to those with the will and the heart to get here equals amnesty. >> even barak obama couldn't get amnesty through the congress because the american people opposed it. but newt gingrich is on a letter saying he was for it. even as recently as less than a

year ago, he came out with the same policy that again said that he stands for amnesty for illegal aliens. >> the gingrich campaign saw that and e-mailed us a firey response saying, quote, two things are going on. either the congresswoman is intentionally lying to people or she does not understand immigration reform. either way, it is sad to see from a presidential candidate. as gingrich continues to sell supporters, he does not support amnesty. he did have his biggest crowd of the campaign so far yesterday in florida. 750 strong and pollsters say while most people consider romney the front runner, gingrich could be the one to knock him out of first place. >> romney does have a number of liabilities as a candidate, so while he's probably more electable now, it isn't clear to me that that's necessarily going to be the case for the long haul. >> the former speaker and current threat to mitt romney, newt gingrich, is going to spend the first half of this week in south carolina.

gregg? >> gregg: peter doocy in washington. thanks. >> heather: this is a cool story. the nasa's largest mars rover ever on its way to mars. >> zero, and lift off of the atlas 5 with curiousity. seeking clues to the planetary puzzle about life on mars. >> heather: is there life on mars? the curiousity launching intends to find out on an 8 1/2 month journey to the red planet. it's armed with a whole lot of scientific instruments to explore the martian surface. it will spend two years there searching for any evidence that the planet can sustain life. >> gregg: it has a jack hammer on one of its arms. >> heather: cool stuff. >> gregg: the national bird and the symbol of the united states returning to wichita, kansas. a pair of bald eagles spotted perching in the trees, bird watchers showing up to catch a rare glimpse of the majestic pair. the eagles come back every year

because they feel secure and safe enough to build a nest and to lay their eggs. good for them. >> heather: so majestic. mitt romney may find himself in trouble in iowa. reports now, the plot among some conservative leaders to make sure he does not win their state caucuses. our political panel up next congratulations. congratulations. congralations. today, the city of charlotte can use verizon technology to inspire binesses to conserve energy and monitor costs. making communities greener... congratulations. ... and buildings as valuable to the bottom line... whoa ! ... as the people inside them. congratulations. because when you add verizon to your company, you don't just add, you multiply.

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>> heather: time for a quick check of the headlines for you. pakistan steal ago -- seal ago vital supply route after pakistan says more than two dozen pakinstani soldiers were killed in a nato air strike. police pulling a group of students from the united arab emirates off a u.s. airways flight. it was bound for washington from ha char l. the group demanding an apology. police say the students did not pose any threat. and three american students arrested during protests in egypt are now on their way home. the trio taking flights out of cairo after an egyptian court released them from police

custody. >> gregg: the secret service reportedly involved in a search at the home of syracuse university professor bernie fein. he's accused of sexually abusing two former ball boys to the team. bobby davis and his stepbrother, mike, claim they were molested more than 25 years ago from the late 1970s into the early '90s. fein is on paid administrative leave from the university and he denied those allegations. a $50,000 reward for a missing florida mom. michelle parker disappearing after an appearance on the "the people owes court." her people posting the reward for this weekend only, hoping people with tip also come forward immediately. parker's family also release ago voice mail she left for her father. take a listen to this. >> hey, dad. it's about 8:40. i know you're at work. call me when you have lunch or you have time. i love you. i'll talk to you soon, bye.

>> gregg: michelle disappeared november 17th just hours after her case aired on television where she and her ex fiance had a heated dispute over an engagement ring. parker's family releasing new photographs of her wearing a cross in hopes that somebody might recognize it. >> heather: new questions after this video emerges of an alleged shoplifting arrest on black friday. take a look at this video. it is of an incident that apparently happened in buckeye, arizona. police arresting 54-year-old grandfather gerald new hahn. you can see him there. he was lying in a pool of blood, apparently unconscious on the floor of a wal-mart. some customers can be heard yelling police brutality. he was arrest ford allegedly shoplifting and resisting arrest. >> gregg: a security guard working in a wal-mart in rome, new york describing the frightening scene where the doors opened on black friday night. take a listen to this.

>> i was also shoved down and in the process, hurt my back, my hip, my ribs and i got kicked in the face. it was just like a stampede, yes. all you heard was just as if there was a whole herd of animals coming through. first time when i got knocked back, i was able to catch my balance and get pulled, pulled myself back. but then it was like the crowd kept coming and i was down. >> we were in and out and the crowds were excellent of the really good. no pushing and shoving or anything. >> i didn't think they were too bad. no more busy than what it will be from now until christmas. >> gregg: two women were injured. one man arrested after that ugly scene. just ahead, we're going to talk to our legal panel about what liability, if any, the world's largest retailer now faces in situations like these.

>> heather: fox news, allergic mess news headquarters, and newt gingrich is taking a stand, defending his take on illegal immigration. in a debate last week, gingrich broke from the rest of the field, calling for a policy that allows certain undocumented immigrants to remain in the u.s. gingrich's gop rivals pounced on him, comparing him to a liberal democrat. gingrich, he's not backing down, saying that there is a more humane way of handling things. susan is a professor of law and political science at usc and she joins us now with some more insight. thank you very much for joining us, susan. >> thank you. >> heather: it seems to be coming more a definition of amnesty. michelle bachman, she's really come out strong and we actually have her statement for our viewers at home. she referred to in summary, gingrich as being the most liberal of the gop candidates

because of his stance on immigration, saying that it amounts to amnesty. gingrich saying that it is not amnesty. just a more humane way of dealing with things. susan, what's your take on that? >> well, my take is that gingrich is right. it's a more humane way. we've got folks here, been here for years, working hard, paying taxes. their kids are american citizens, and i think newt is right, that you have to come up with some way to deal with this. but obviously it's a hot button. except michelle bachman back on the air and i think there is a little politics going on here. >> heather: you think? politics decrease a political campaign? i don't know. but michelle bachman did say that newt gingrich wants to allow these 11 million people to stay in the u.s., but in fact, he has specifically talking about people who have been here in this country for 25 or so years, paid tax, have families and so we had our brain room do a little research and they said that would amount to about 2.1

to 6.1 million of those 11 million who are here illegally. >> as i understand it, heather, what he's really saying is, we shouldn't grant amnesty tomorrow, but rather than deporting them, we have to come up with some way to keep these families together, that recognizes that people who have lived here for 25 years, this is their home, and you take kids who are worried and nervous that their parents or one parent will be sent away. i give newt gingrich credit for sticking to his guns, trying to carve out a moderate position, whether it will hurt him or not in iowa, who knows? but they don't like mitt romney so much for his stance on abortion. so clearly nobody is perfect here. >> heather: yeah. that's what i was going to ask you, to move it ahead. who do you think this will benefit? michelle bachman at the bottom of the polls still pretty much. do you think the person that

this will person, this argument is mitt romney, the most? >> well, it might benefit him in the short run, but mitt romney has his albatrosses, too. i was showing any students last week the capes from when mitt romney ran both for governor of massachusetts and for senator in massachusetts. and in both cases, he says unequivocally, i am pro choice. to those will come back, too. the republicans are kind of running out of candidates here. rick perry got caught up, herman cain got caught up. gingrich is now struggling with immigration. romney is certain to struggle with abortion, as well as wrongly, truthfully, many people's concerns about his religious faith. so anybody who is looking for the generic republican, who agrees with them on everything is not going to find him in this field. >> heather: everyone really has their albatross. mitt romney, religion, his take

on abortion, also you have gingrich now his albatross being immigration, obama and the economy. so is it really going to come down, what is the greater albatross? we can't leave out health care with mitt romney either. >> this feels like a grinded out election. it doesn't feel at all like it did four years ago when you had lofty ambition, when you had mccain, the war hero, you had barak obama, we can change things. you had hillary clinton and the excitement of a woman perhaps being the nominee. i get the feeling we're going to grind this out week by week by week and the last one standing will probably win. >> heather: what are your thoughts on how the lead has gone back and forth on the polling in terms of who is leading with the gop field? what does that say to you? >> it says that the support is very thin and that republicans haven't really made up their minds and each time they find out more about a candidate, it

seems to drag him down. we'll see what happens to gingrich this week, but mitt romney has been the front runner. but he's not picking up that much support. so it suggests this race may not be decided in iowa and new hampshire and those folks watching when whose states come later may get a say this year. >> heather: who do you think will win iowa and new hampshire? >> i think anybody who tells you right now that they have the answer to that question is smoking something new and i don't have it. >> heather: come on! pick somebody. what do you think? best chance, how is that then? >> best chances for iowa? >> best chances for iowa, probably newt gingrich. best chances for new hampshire is mitt romney still. and if that's what happens, you have a divided race and they all go marching to south carolina and nevada and the super tuesday states. >> heather: regardless, it will stay interesting.

thank you for joining us, susan. appreciate it. >> thank you. >> heather: don't forget, you can reach susan's -- read her column in newspapers all across the country every wednesday and friday. >> gregg: a plot against mitt romney in the state of iowa? reports that some social conservatives in that state are looking for a candidate who can take on the leading republican. what are they worried about? we're going to debate it fair and balanced. [ coughs ] what is thishorty? uh, tissues si i'm sick. you don't cough, you d't show defeat. give me your war face! raaah! [ male announcer ] halls. a pep talk in every drop.

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>> gregg: this is a fox news alert. we're just getting now word that the american student who was arrested during the protests in cairo and later freed by an egyptian court is back home in philadelphia. 19-year-old gregory porter arriving at the international airport in philly. he is from nearby glennside, pennsylvania. he and two other students arrested on the roof of a university building near cairo's tahrir square accused of throwing fire bombs.

they deny it. 21-year-old luke gates, 19-year-old derek sweeney, soon to be on american soil as well. we'll keep you updated. >> heather: new developments to tell you about in a murder investigation involving craigslist job ads in ohio. a killer apparently using the on-line ad site to lure victims. police now saying that a third body may be linked to the case. julie banderas is live in our new york news room with some more details. >> they have identified a second victim, totaling three bodies, possibly connected to what police are calling a lethal craigslist robbery scheme. 47-year-old timothy kern's body was found in a shallow grave near a mall in ohio. he had been missing for more than a week after answering the same ad for a farm hand that authorities say led to the shooting death of a 51-year-old norfolk, virginia man. a white unidentified male's body was also found in a shallow grave about 90 miles away.

the f.b.i. is investigating. >> we're searching the area, collecting any evidence, making sure we're not leaving anything behind. >> a south carolina man reported answering the ad and being shot on november 6, but escaped and alerted authorities. mike mckinen says he applied for the job on october 12, but never heard back from anyone. he says he feels lucky that this is one job he didn't get. >> i was a care taker of a farm once before, so when i seen the chance to be a farmer living free room and board in a truck and 300 a week, i thought that would be an awesome job to have. >> two people are in custody at this hour. 52-year-old richard beasley, seen here, is in jail on unrelated charges. and also a high school student who has been charged with attempted murder. according to police, beazley was looking for an older, single or divorced person to watch over a 688-acre farm in southeast ohio.

someone who wouldn't easily be reported as missing. all three of those victims were divorced, we're told. the men were asked to fill out an application for a $300 a week job. turns out that farm advertised on craigslist doesn't even exist. law enforcement officials have released few details because of a gag order set by a judge and at this point, it is still unclear how long that ad was on-line or whether there are still other victims out there. heather? >> heather: thank you very much, julie banderas live in our news room. thank you. >> gregg: and now to the race to the white house. social conservative leaders in iowa reportedly meeting in secret to decide on a candidate to beat mitt romney in their state. why do they seem to be looking to plot against him? could voter trust issue be plaguing the romney campaign? former advisor to the senate

finance committee joins us. ford owe continental is a former director for rural outreach for senator john mccain's candidacy. thank you for joining us. ford, let me start with you. the romney trust issue seems fueled at least in part by claims of flip flops and pandering, but you know this, that's indemic in politics. and yet, the label seems to really stick to romney. why is that? how much does it hurt him? >> i think iowa social conservatives don't question whether or not mitt romney is well positioned to take on obama. they don't trust him on social issues like gay marriage and abortion. they see him really as someone who will put ambition above principle and for them, that's a cardinal sin and they can't stand that. >> gregg: tim, romney's advisors say that americans care less about all that stuff, flip flops and so forth, and what they really care about is romney's ability to fix the economy, which they claim president obama has failed to fix.

effective argument? >> well, i think that romney first of all, has to get past the really core issues with the social conservatives in iowa. these are fundamental issues that he's flip flopped on, from abortion to gun control, to health care. but the latest response from the romney campaign is to say listen, forget all that. it's all about the economy. even on the economy, romney changed his position on really fundamental issues. he was supportive of tarp and stimulus before he opposed it. >> this -- >> gregg: wait a minute, let tim finish, please. go ahead. >> he was supportive of loans to companies when he was campaigning in michigan. outside of michigan, he had a different position. on payroll tax cut, he initially opposed it before he supported it. >> you know what, ford. >> heather: it's expected the president's two top advisors would call romney a serial flip flopper with no core values,

essentially the same thing tim was saying. but newt gingrich is now joining in on the chorus. he said, quote, there is no point in beating obama with somebody who is confused about who they are or what they believe. look, when gingrich does that, it's got to hurt, doesn't it? >> of course it hurts. that's always been mitt romney's issue since he ran in 2008. it stuck with a lot of voters. at the end of the day, republican primary voters want minimum mitt romney to earn the nomination. they feel if he wins iowa and new hampshire, he'll be given an easy pass to the nomination. they want him to work for it. at the end of the day, we all know president obama is going to flop on the economy and this election will be a referendum on obama. they want to put the best candidate forward. >> gregg: tim, let me pick up on what ford just said. roughly 75% of americans in one recent poll say they are worse off than before president obama

took office, it's a fact he admitted himself in an interview not long ago. and his negative job approval numbers suggest that americans do blame him. the president, for this. and no president has been reelected with 9% up employment since world war 2. would you agree that the prospects for reelection don't look good? >> i think you have to look at another number, which is the poll that shows obama beating every single rincon tender. romney, the latest poll had obama up by 6 over romney and by double digits over the rest of the field. i think the economy is going to be a challenging issue. but i also think you have to step back and remember where we started. the last month that bush was president, we lost 800,000 jobs. in the last month, we gained 80,000 jobs and consumer spending and consumer confidence is up. so i think you have to remember where we started and i think you also have to look at the one on one numbers. >> gregg: ford, much has been said almost every day i read some column saying, well, romney

failed to gain support of more than a quarter of republican voters in the national polls and he needs that. that's sort of the standard. but look, when you've got anywhere from 8 to 11 candidates in this crowded field depending upon how you count it, they're all dividing up potential voters. maybe 25% is actually a pretty good number. >> well, i think it is a pretty good number. and i think it shows some staying power. the number one thing in those numbers that romney is getting the most credit for is the economy. we all know in the general election, that will be the top issue. team romney really wants to win iowa. close the door in new hampshire and lock in the nomination because if they don't, they get themselves in a long protracted fight, they could be battling to tampa bay and that's something they want to avoid. >> gregg: i checked the figures a couple of hours ago, gingrich is statistically tied with romney in both iowa and south carolina and there is one poll that has them statistically tied in new hampshire. we'll wait and see what happens. >> true, but this is all about momentum. >> gregg: yep, it is. and we got a whole year of it.

plenty of momentum tousling. thanks. >> heather: the holiday shopping season getting off to a violent start in major retail chains all around the country. can stores be held legally responsible? when black friday customers behave badly, our legal panel is ahead.

>> gregg: welcome back. holiday cheer quickly turning into fear this black friday as violent incidents popping up in retailers across the country and wal-mart alone counted nine incidents in its stores, including this one involving a woman who allegedly pepper sprayed other shoppers to get first dibs on merchandise. she's now turned herself in to police. the question becomes should retailers like wal-mart be held accountable, civilly liable when

these kinds of incidents erupt in their stores? let's bring in our legal panel. kimberly guilfoyle, joey jackson, a defense attorney, and former prosecutor. good to see you both. >> nice to see you. >> gregg: kimberly, i want to put up the three years ago, black friday, wal-mart in valley stream, new york. take a look. this was a stampede when a crowded group of shoppers broke through the doors, they trampled a man to death there. so wasn't wal-mart already on notice that it has an affirmative duty to protect customers and secure their premises? >> absolutely. i'm appalled by the circumstance of what i've seen in terms of the different incidents. wal-mart, nine so far. they were on notice. they knew that this is the type of thing that happens. they encourage the customers to come. why didn't they have adequate protections in place, the right amount of security to insure that shoppers would be able to have safe passage in and outside of the store and make sure no one would be injured? a woman pepper spraying?

she was able to pepper spray 20 people before she was even stopped. >> gregg: wal-mart and other stores have these advertising campaigns, black friday specials. we're going to open our doors at a special hour. they know that crowds will gather there. in a way, isn't it foreseeable that a dangerous condition would be created and doesn't that impose a liability on them for failing to protect? >> here is my problem. if we shopped on-line, we'd be all right. >> that's cyber monday. >> here is the point, gregg, i have two things to same one is individual responsibility. the other is ruinous liability. i mean that individual shoppers have a responsibility to act and behave like human beings. should wal-mart know that individual are going to -- >> gregg: it happened before. >> i hear you. but here is my other problem, ruinus liability issue, if you start holding retailers

responsible, and look, i'm a lawyer, i want to expand my practice. by all means, let's sue everybody! invite litigation. but let's be real about this, the fact is, gregg, that at the end of the day, ultimately you don't want to impose too much liability on business because we want businesses to prosper, right, to grow, to prosper, and to be successful. if we start suing them and getting lawyers involved, there will be no businesses at all. >> shut down black friday. >> gregg: joey, real popular position to take there. let's put up on -- people are now making fun of wal-mart, calling it brawl mart. but take a look at this. we made a list of just the ones that happened this black friday d it's really astonishing here, the pepper spray incident, police pepper spraying, a little girl trampled, shoppers shot by armed robbers. smart phone scuffle, hospitalizing two women. fights over $2 waffle irons and 1.99 towels. >> gregg, is this wal-mart's

fault that all of these people are act not guilty an uncivilized fashion? can't we all get along? this is outrageous? >> not at wal-mart. if you go there, you may get 29-dollar waffle iron, but you'll get trampled in the process. they are going to get sued, just so you know. >> gregg: i'm wondering about beyond compensatory damages, toward punitive damages if wal-mart engaged in egregious behavior. >> reckless. when you look at the number of incidents, and especially when you look at the prior notice of the deaths that occurred, they knew that it's foreseeable that someone could die in their store, getting trampled. when you see the extent of the injuries, the little girl, to the grandfather that was trampled, it's outrageous. >> gregg: joey, here is the solution, if you could open at a special hour and have special sales, you have to do it in an orderly fashion and have plenty of security there, let them in maybe two by two, four by four. but not 100 people. >> i tell you what, that's reasonably stated and that

should happen and adequate precautionary measures need to be taken and they should be. but ultimately, are we going to call in the national guard to deal with these issues? >> gregg: not the national guard. hire security guards. >> it's crazy, though. you would -- spend -- >> they're willing to take the money out of your pocket, okay? they better spend some of their own to make sure they have adequate security measures in place. when you're creating essentially a -- that situation. >> gregg: it's almost like incite ago riot. >> it is. >> gregg: you can see it coming. >> attractive nuisance or something. you like that? >> gregg: i like that. wimberley wins. joey, as usual, loses. good to see you both. >> good to see you. always pleasure. >> heather: i didn't know they had flat screen tvs for 199. >> gregg: oh, yeah. >> heather: i'm with you. president obama catching a college basketball game today. he's a big fan. but the new round of polls show

that the president could use some fans of his own. pollster scott rasmussen joins us. up next ♪ ♪ ♪ when your chain of supply ♪ goes fr here to shanghai, that's logistics. ♪ ♪ chips from here, boards from there ♪ ♪ track it all through the air, that's logistics. ♪ ♪ clearing customs like that ♪ hurry up no time flat that's logistics. ♪ ♪ all new technology ups brings to me, ♪ ♪ that's logistics. ♪ if something is simply the color of gold, is it really worth more? we don't think so. chase sapphire preferred is a card of a different color.

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>> heather: the latest round of polling shows that the president's job approval numbers

remain low. >> gregg: and according to rasmussen reports, take a look at this. just 22% strongly approve of the job president obama is doing. 40% strongly disapprove. pollster scott rasmussen joins us from rasmussen reports. good to see you. all right. in the grand scheme of things, past presidents and so forth, that's pretty high. 40% strongly disapprove. is it? >> yeah. these numbers are of concern for the president. in fact, if they hold until next november, he'd be in trouble. when you look at the details, 70% of republicans strongly disapprove. that's not really a surprise or a concern for the white house. among democrats, only 44% strongly approve. so the enthusiasm is down. but the real problem for president obama comes among these unaffiliated voters, 16%. only one out of six strongly approve among the unaffiliated. 40% strongly disapprove. >> heather: you did something kind of interesting here. you also broke it down a couple different ways.

one being gun owners, homes that own guns versus those that do not. >> yeah. this is part of an overall cultural divide that we're seeing in the country for one of the reasons the president's advisors are concerned about states like pennsylvania and it goes all the way back to those comments that candidate obama made about people in places like pennsylvania, bitterly cling to go their guns and religion. but 50% of the households with a gun owner present strongly disapprove of the way the president is doing his job. >> gregg: what about homeowners versus nonhomeowners in light of the housing collapse? >> again, homeowners, far less thrilled with the president right now than nonhomeowners. those who don't have is a home. 59% approval. those who do, only 42%. this goes right to the fact of what's happening in the housing markets. 37% of homeowners say they're underwater on their mortgage right now and only 12% expect the value of their home to go up in the coming year.

>> heather: and speaking of homeownership, it's always been said to be the american dream to own your own home, but less and less people see that as being the wisest way to invest your money. correct? >> that's exactly right, for the sixth month in a row, fewer than half are now saying that owning a home is the best investment a family can make. back in the fall of 2008, before we had the financial industry meltdown, 73% thought that that was the best family investment vehicle. >> gregg: we want to take a live shot of times square. the toys r us building. it is absolutely packed out there right now. apparently a lot of these people did not follow the gregg jarrett protocol, which is get all your christmas shopping done before thanksgiving. so you broke that down in the polling data as well. what did you find? >> first of all, i don't get the gregg jarrett phenomenon. but that's okay. 7% of americans, 7% followed your rules and have already finished their shopping before

thanksgiving arrived. 59% follow the scott rasmussen approach and have not yet started. >> heather: you know that toys r us, they were one of the stores that opened earlier and actually 9:00 p.m. on thanksgiving night. there were people, just like that, standing in line waiting to get in. i am one of the scott rasmussen types. i wait 'til the very last minute to do my christmas shopping. >> you're a little bit unusual in that. that's a plurality americans say men are more likely to wait until the last minute than women. my excuse is i have my wife's birthday and one of my son's birthday before christmas. so i've got other things to work on first. >> gregg: all the more reason you've got to follow the jarrett protocol, scott. >> heather: you're just way too organized, gregg. >> by the way, no matter when people are shopping, 62% say they're going to spend less this year than last year. that's a bit more pessimistic than what they told us a year ago. >> gregg: it is indeed.

scott, get out there. spend some dollars, support the economy. >> heather: thank you, scott. >> thank you. >> gregg: all right. you better get out there and start spending money. >> heather: i am. it's small business saturday. that does it for us. rick folbaum and arthel neville up next. >> gregg: we're going to see you tomorrow at 4:00 p.m. eastern time. don't forget to support your local businesses on small business saturday. >> heather: bye. congratulations. congratulations. congralations. today, the city of charlotte can use verizon technology

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