>> gregg: decision time drawing very near in new hampshire. i'm gregg jarrett. welcome to another hour of america's news headquarters. >> heather: i'm heather childers. two days before the first primary. many of the presidential candidates are making tracks all over the granite state right after a pair of intense debates in less than 24 hours. >> gregg: we have team coverage. molly is live with the ron paul campaign but first, let's start with carl cameron. carl, did the back-to-back

debates change anything. >> it's hard to say when you think about it. last night there were college bowl games to contend with. many of the viewers and voters would come out and meet a candidate hand to hand as opposed to watching on tv. sunday morning debate for watching sunday talk shows but that is not always the way it goes. interesting footnote when it comes to exeter, new hampshire shows us in history this is where the republican history was founded in the mid 1800s. >> mitt romney was attacked when most of it rivals went at each other. he gave almost as good as he got and stuck to his message that its outside business experience that equips him for the presidency. >> you can describe it different ways. my view the principles i've

learned in business and principles as governor frankly have made me more conservative. i have seen a lot of governors try to solve problems and it didn't work. right course for america is someone that understands how economy works and will get it back on track. >> reporter: romney had a 25-point lead in some polls about two weeks ago but as they always do in elections, polls have started to narrow. it looks as some of the his lead has shrunk. john hunts salesman fighting in third as is rick santorum. there is a question who will end up being the conservative alternative to mitt romney. all are saying no matter what happens in new hampshire they are pushing to south carolina to continue for to vie for the anti-romney. >> gregg: santorum and perry have moved on to south carolina. what about the rest of the field >> reporter: you got ron paul campaigning hard.

jon huntsman spent most of his time in new hampshire continues to fight on. he's been suffering from same head cold that i got. mr. huntsman got a lot roo riding on this. if he fails to hit third place it could be end of candidacy and newt gingrich came hard against romney going after his record as attempted career politician. >> we want every day normal people to be able to run for office, not just millionaires. we want to build a system. i was an army brat. my family didn't have any money. i was able largely because of help of women's federation, i was able to run through three-times. >> reporter: gingrich pointing out his own efforts. he has only run in district in georgia. he has not run statewide in georgia but he is chief

protagonist against mitt romney. he has made it clear he will go him consistently after his record. >> gregg: carl cameron, thanks very much. >> heather: candidates are working around the clock to get people to the polls stepping up their ground campaigns to win over any if voters. molly is live. molly, what are the candidates doing to get the final vote out in the final hours? >> molly: you mentioned the foot dragers, those undecided voters that are important at this stage of the game. they are working across the state. a lot of town halls and decided votes can ask questions. mitt romney the former governor is hosting two rallies. over the last couple days, he has played up big name endorsements he has received. tim pawlenty and chris christie over the course of the last several days has been with the governor from south carolina and

also john mccain. he has great connections within the republican party and has the endorsement of many well known republicans. he has a big organization here in new hampshire, a strong organization. they've been working the phones today putting out signs, fighting the wind and it's tough to get the signs in the grouped. newt gingrich hosting a townhall taking the opportunity to connect one on one with the voters, still working undecided, critical voters that could still be making up their mind. he made a special push for hispanic voters. jon huntsman spent more time in the state than any of the other candidates recently. he has been trying to get all corners of the state, far out regions that may not have been visited, he is hoping that old time fashioned boots on the ground will help. then there is ron paul. you have to mention ron paul when you talk about organization.

he has a big group of young, enthusiastic supporters. they have a sort of a counterculture organization, you'll see vote for ron paul on the sidewalks. i saw a guy with a tattoo on his neck that said ron paul revolution. behind him when you go to some of the afternoon events. >> heather: wasn't it a fake tattoo. >> molly: it could have been legit. >> heather: what about in terms of organization strength? is it ron paul? >> molly: according to one of professors we've spoken with andy smith, one of professors, he is second in organization. it's tough to top mitt romney's organization because he has been campaigning in the granite state since 2008 back when he first ran for president then. he has a loyal staff. a lot of the folks that were with him are still there. he has a big organization, a national organization in place.

ron paul has a lot of enthusiasm. he is kind of wildcard. it will be interesting to see how things furnish out. >> heather: we'll see what happens next. >> gregg: texas governor rick perry is down south today. he is skipping campaigning in new hampshire to focus on south carolina. this new video of him in spartanburg. meanwhile, comments he made on iraq at last night's debate making news. >> i would send troops back into iraq. the idea that we allow the iranians to come back in iraq and take over that country with all the treasure boat and blood and money we have spent. because this president wants to cow to his liberal leftist base and move out those men and women. he would have renegotiated that time frame. >> gregg: let's bring in ray sul have i van director of rick

perry campaign. in a recent news poll three out of four americans supported president obama's to withdraw troops from iraq for a nation that would be appear to be war weary. how is the governor's statement going to help him with voters that want to do just the opposite? >> it's important to remember that rick perry is the only one in the field that has volunteered to wear the uniform. he spent a lot of time with our veterans and lots of time in military hospitals. he niece knows the blood and treasure this nation has put in to iraq. what we here would like to see steak military presence to stay behind. iraq has started to fray at the seams a bit since the president's announcement. iranians are active in that country. we want to make sure that the investment we made, that the soldiers who gave their lives and gave their limbs and gave their hearts to the iraqi people and to freedom in that part of

the world have that debt repaid. we keep a presence there to keep that country secure and keep the iranians at bay. >> gregg: i wanted to throw some polls up to the screen. in iowa, perry was a distant fifth place. in new hampshire, here is the real clear politics poll average. it has perry down by 40 points in dead last place, with a scant 1% of the vote. move to south carolina, it is only slightly better there. perry is at 5% in second to last place and down by a formidable 26 points. mr. sullivan, where is the path to victory? >> path to victory now is in south carolina. mitt romney is going to win new hampshire. one of his houses is there. he is going to have a huge victory in new hampshire. as you mentioned, governor perry is on the ground in south carolina workers hard.

we believe what he said at the debate this morning and last night is the only one in the race that has not been part and sar pell of washington, d.c. and wall street, not the mess of debt, bailout government mandated healthcare in d.c. it will stand him in good south carolina. that is friendly fert for us. we believe his message, social conservative and retail campaigning is going carry the day. >> gregg: you think he can make up a 26-point deficit in just a couple of weeks? >> we have seen this race go up and down, candidates who rise from the ashes. when the people of south carolina see rick perry and realize that his fiscal and social tea party conservatism best in the nation job creation record. the fact that he can really relate to the folks of the economy there, i think we're going to do real well in south

carolina. >> gregg: after he lost pretty badly in the state of iowa, governor perry cancelled his plans to go to south carolina and he flew home to texas said he would reassess his campaign. do you fear that was perceived as accolation of undermining voter confidence in the governor? >> not at all. anyone has to step back and look at the results and determine what is the path. he did that quickly on bed morning, send out that tweeted heard around the world, so to speak and decided he has the fire in the belly that conservative record, the job creation record and the desire to get this country back on track as the outsider in the race. he is back in the thick of things working hard in south carolina. doing very well in the debates in the last 48 hours. we have new wind under our wings in the campaign as we head into

south carolina and look forward to those voters supporting us later this month. four most ago, governor perry had a 15-point lead over romney in national polls. i looked at the "wall street journal" poll, had a high of 38%. it is now all the way down to 6% in the latest gallup poll. larry sabatel offered this explanation. quote, perry didn't cut it. it's the cold but true truth. debates killed him. the verbal gaffes he just wasn't ready. your response? >> we'll let the voters make the decision. he had a strong debate solidifying his position as non-washington conservative. this is a long process. we've seen candidates go up and down. gingrich has been down and up and on the way down. santorum came out of nowhere

right before iowa. this is very fluid race as voters look at all the candidates. one thing for sure, they are not sold on the perceived front-runner and his record whether it's tarp or government mandated healthcare, they are looking for a conservative alternative. we aim to give them that alternative. >> gregg: thanks for being with us. keep it right here all evening, a special election coverage spinning beginning at 6:00 permit eastern time, brett baier is ang corresponding and then shepard smith taking over the fox reported, 7:00 p.m. eastern time and then brett is back with megyn kelly with election special only right here on the fox news channel. >> heather: remembering the victims of the bloody shooting rampage in tucson, arizona. a memorial service begins in less than an hour honoring the six people killed and 13 others

wounded by a lone gunman one year ago today. one survivor attending some of the events, gabrielle giffords as she went to work that day to meet the people that she represents. but in a moment her life and the lives of so many others changed forever. casey stegall is live for us. casey stegall has the latest. >> reporter: good to see you. it started out like any other crisp january morning here in tucson. some people were at the complex to go grocery shopping. others were here to attend that congress on your corner event. then a little after 10:00 in the morning, gunfire erupting in the parking lot where i'm standing, 19 people were shot and six died. the world waited and watched for the next several days as gabrielle giffords fought for her life inside the university medical center. remember she was shot point

blank range in the head. at times her doctors were not sure she would pull through but one year later a true miracle to see this touching scene. exclusive video shot by the fox news channel of congresswoman giffords visiting the shooting scene for the very first time last night. a group of employees and members of the public applauding her. gabby was with her husband, mark kelly. i had the pleasure of sitting down with mark kelly reflecting the struggles of the last year and how they wanted to approach this very day. >> depending on how you think about it, it she means like yesterday. it can seem like a long time ago. we've talked about what this weekend is going to be like. we looked at the schedule. she went over the events and ultimately made on decision what she was going to attend. she talks about being sad about it but hopeful for the future.

>> reporter: a number of events planned all throughout the weekend including that memorial service that gets underway in less than an hour for the six victims that lost their lives. some of the surviving family members will be speaking on their behalf. gabby herself will be at the main memorial tonight that happens at 8:30 eastern on the university of arizona campus. meantime, the accused gunman is being forcibly medicated in hopes to get him economy to stand for trial of this crime. >> heather: we want to take a moment to pay tribute to all of the victims being remembered today. a retired construction worker. he loved helping people in need. dorothy morris, she loved to travel. she was at the safeway

supermarket to attend the meet-and-greet with gabrielle giffords. nine-year-old christina green she was on the student council of her elementary school and family friend suggested she might enjoy seeing government in action. john roll who was the chief federal judge in arizona. he is survived by his wife, three sons and five grandchildren. 79-year-old phyllis snedt. she loved so w aprons for her church fund-raiser. finally mr. zimmerman, he was an aide to congresswoman giffords. he was engaged to be married this year. >> gregg: iran showing no signs of the nuclear program. instead the country is reportedly enriching uranium at a secret facility in direct defiance and islamic republic

threatening to close the strait of hormuz if the petroleum exports are blocked. tell us more about this uranium enrichment processing facility. >> they are enriching uranium at a second secure site. deeply buried bunker. news of that by independent news agency closely allied with the islamic government there, renews their threats of blocking the straits of hormuz if the u.s. carries through on to sanction iran's central bank. leon panetta did not directly address reports of second enrichment site but he reiterated the administration's position. >> i think the pressure of the sanctions, the pressure diplomatic pressures from

everywhere, europe and elsewhere is working to put pressure on them to make them understand they cannot continue to do what they are doing. are they trying to develop a nuclear weapon? no, but we know they are trying to develop a nuclear capability. that is what concerns us. our red line to iran is do not develop a nuclear weapon. >> reporter: he says the pressure of sanctions on iran is making them understand they can't do what they are doing. >> gregg: any u.s. reaction on the threat to block the strait of hormuz, 50 million barrels flow through daily? >> one-sixth of the oil world's oil supply, chairman of the joints chiefs of staff, that iran has a navy that could impose such a blockade. >> they have invested in

capabilities that could in fact for a period of time block the straits of hormuz. we have invested to ensure if it happens we can defeat that. so the simple answer, yes, they can block it, but, of course, that as well, we've described that as intolerable act. it's not intolerable for us but intolerable to the world. we would reopen the straits. >> reporter: in regard to iran's nuclear ambition, mitt romney has said under a romney administration iran will not have a nuclear weapon. santorum said he would bomb nuclear sites to prevent them from acquiring a nuclear weapon. >> gregg: doug, thanks very much. >> heather: 2011 eongsd high note. good news, good numbers across many sectors. it could trigger more hiring? >> gregg: thousands of dollars

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>> heather: the spite the struggling economy the jobs report for december is getting high marks showing growth spreading evenly across various sectors of the economy. unemployment rate is at 8.5%, job growth may be building when people are hired and spending more money and creates more job and spending. what happens when all those credit cards are max'd out? joining us live, brenda butner from bulls and bears. we always enjoy her being here.

good news from retail to manufacturing to mining, but the question is it going to last? >> that is real question. when we do look at incomes and we're looking at work hours did increase a bit as incomes which are v all very positive things. the underemployment rate when you look at the people who dropped out of the work force and people who are part time but want to be full time, it's up near 15.2%. when you add people that college grads working at starbucks and fast foods, it's closer to 18%. there are some things out there. undeny ri this better than what it used to be and we could use a lot more. >> heather: will it continue? so what about the sectors that saw a drop-off. we talked about the ones that

were good news, retail manufacturing, mining go is there a sector that lost jobs? >> government is a little bit jobs and we see it as a positive because we want government to lose jobs to get more in line with the private sector. we also saw that there was hiring across the board. we did see some hiring in construction which may be well for the housing market. that is big issue right now. >> heather: the housing market? >> yes. if we talk just about income, that doesn't tell the whole story. wealth is really important. for so many people that are stuck in one place. they can't move to where the jobs are because their homes are underwater, they can't sell them. so long as the housing market

remains that way, you can't sell your home, they are not going to be able to move. this whole issue of the cycle is just an economic one, it's not one based in reality. >> heather: more than one in every five borrowers still owe more money than their homes are worth. that is not good news? >> as long as that is true, people aren't going to get out of their homes. >> heather: one more time about the virtuous spending, virtuous cycle of spending and hiring. is that a good thing? >> it's something i read in economic textbooks 101, but i don't see it here. so long as housing does not get out. yes, when you make more money, you spend more money, but not as long as you don't have more wealth. >> heather: keep and eye on housing. brenda, thank you. >> gregg: gop presidential candidates going down to the wire in the granite state, steve

brown joins us with the new hampshire primary preview. >> reporter: you know those debates, a lost them and independents in new hampshire they have been close attention. i'll have a live report on that. you are watching the fox news channel. st tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually se arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammatio plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. a celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naen, and melocam have the same cardiovascar warning.

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>> gregg: bottom of the hour, time for top of the news. the community of tucson remembering the six people killed exactly one year ago

today when a gunman opened fire at meet-and-greet for congresswoman gabrielle giffords. 13 others were injured including the congresswoman. giv oregon husband mark kelly releasing a new picture. this is gabby at a darren. commander kelly saying on twitter it was first night out in tucson since last year's shooting. >> heather: we are only two days away from the new hampshire primaries and race could very well be decided by the undecided after two debates had this weekend and countless candidate appearance, do independents and undecided voters have a better idea which way they'll vote. steve brown is port smith, new hampshire. so do independents watch the debates, and do they make a difference? >> reporter: i think the answers to both of those are yes, and yes. they had a compressed amount of

time to watch the debates. three-quarters of them are like a man we met today who say they have watched some or a lot of the gop debates. >> i have watched the highlights of the previous debates before iowa. i definitely watched last night, a little bit of this morning. >> reporter: ironically all these campaign events they have in new hampshire opportunities to shake the hand of the next president of the united states and ask a question, they tend not to do that. two-thirds of them don't go to the events. they prefer independent studies. >> heather: so when will the campaigns get handle on whether the weekend debates hurt or helped them? >> they made more phone calls to voters and they know they are calling, calling republicans or democrats. they have a since whether independents are moving their way. some of those phone calls, they make more phone calls than

pollsters do. they may have a good idea already. polling numbers, something neutral, that should start coming out tomorrow with the suffolk university poll. >> gregg: mitt romney has maintained a strong and steady presence since announcing his candidacy but the gop nomination is anything but locked up. the latest real clear averages has romney in lead new hampshire voters but south carolina pai may pose a new set of challenges doug schoen joins nancy potenhower, national spokesman to john mccain. good to see you. nancy, let me start with you. three years ago newt gingrich was at 41% in south carolina with a 20-point lead over romney. now romney has a 10-point lead,

gingrich has slipped down to 19%. that is a swing roughly of some 30 points in a mere three weeks. in a state, south carolina which republicans are supposed to be far more conservative than mitt romney, twhapd? >> i think the problem here for the speaker is that while he good at attacking romney. he has himself supported pretty significant public policy acts that most people do not believe are conservative. if you look at his endorsement individual mandate, the ad which he cut with nancy pelosi on climate change, his characterization of the ryan budget as right wing social engineering, more it goes out it affects his support. he doesn't every time organization on the ground. >> gregg: if romney is to be

stopped to the nomination, how much of a political firewall does south carolina become? >> it's critical. i think most observers believe he'll win new hampshire. but let's assume he wins. if the polls hold up and that is a big if, gregg in south carolina and he goes three out three, it will be very hard to stop the former governor. and given the volatility, appears after perhaps closer than expected new hampshire victory, then you'd have say santorum winning south carolina and romney having two victories under his belt won by literally a vote in iowa. that would be how the romney candidacy would be potentially derailed. >> gregg: nancy, a santorum, paul, gingrich and perry, those four, are they essentially

splitting the anti-romney vote thus helping mitt romney by saluting his opposition? >> definitely. it's interesting, three of them, if you look at gingrich and look at perry, look at santorum, they are trifurcating the tradition voted and then i have paul putting in the small government advocate vote. i would put my set of in small advocate and think it's going to be a problem for rick santorum. he has done a few things that don't look so great in this light of day. >> gregg: doug, let me pick up on that. if the more conservative candidates were to coalesce one behind them, could that stop romney in south carolina. what are the chances of that happening. do see any of these guys and flowing their support behind

anti-romney? >> i don't think it's going to happen, gregg. that is my answer to the secretary question. if it did happen, i think it would make a huge difference because i don't think in south carolina there is more than, say 30-35% that will vote for mitt romney under any circumstances. if you look at new hampshire where ron paul is at 20%, if you look at south carolina where rick santorum is at 15-20%, not only is the anti-romney divided among itself in different states, there is a difference of so-called front-runner for the second spot. so, romney is benefiting enormously among the division with his opponents. >> gregg: newt gingrich is pointing the place as he is aiming to take out romney, including a super pack is spending million bucks seeking to show that romney destroyed jobs while running a venture capital firm. do you think it's going to have an impact there?

>> it could, but i think romney, he can meet and beat him as far as the air war goes. my qes guess is people at this point are really looking forward to the general election and that really if gingrich can put a few scars on the body. i don't think he can take him out. i think gingrich attacking romney as a big government guy doesn't work because of the things he has done. people think as congressman from georgia, he much more defined as national politician. >> gregg: big political figures in south carolina are nikki haley and lindsay graham and tea party party jim demint but graham and demint, they are not endorsing anybody and neither are any of the five republican u.s. congressmen. they have opted out. what do you make of that? >> look, conservative primary

voters particularly tea party voters are famously independent like in south carolina. i don't think the governor's endorsement of mitt romney is going to be critical as some might make it to be in the absence of endorse himself from the congressional -- endorsements, it suggests to me there is room for consolidation. >> gregg: as long as there is a bunch of them. mitt romney has to be a happy man. good to see you both. >> heather: terrorist king pin and oscar movie winning director making for a ton of controversy. movie about navy seal operations about osama bin laden is scheduled for later this year and one person behind the project, the director of the hurt locker, she and her crew are at the center of a pentagon investigation. our power panel weighs in after this breaks.

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>> heather: in the works about the hunt for osama bin laden picking up a big fuss. film about the terrorist leader is drawing major heat from peter kane and he wants to know if the hollywood filmmakers received classified information by navy seals to kill bin laden. he says the defense department and c.i.a. support his call for investigating the leak. let's bring in our power panel, m.k.putting far land, joosz judith miller and list we will. thank you for joining us. k.t., i'll start with you. you were in the pentagon.

>> assistant secretary in the reagan administration and hollywood unit reported to me. we cooperated with them. we cooperated with hollywood. we did top gun, one of the most famous movies of all time. if the inspector general and c.i.a. and inspector general and pentagon looking into it there probably is a problem. >> i think the administration was hoping to have a pro obama movie come out before the election. what that tells me, they do see this as political issue. sony did want this to be out in october, not in december but october a month before the election. now, they pulled it back. >> i talked to peter kane this afternoon, i asked him, were you surprised that the administration changed its mind. they said we are going to make

some changes and we are going to investigate. he says he was very surprised. but when someone on his staff did an initial review of the white house statements that they made at the time of killing of the operation, they found no less than 15 unauthorized disclosures of classified information. therefore, he has been worried ai all along this movie. he is both gratified and surprised. >> heather: you think this investigation, will give more credence to the movie when it comes out. >> we're talking about it but what it is going to do, something positive. i was shocked to find out it hasn't happened. do you know the c.i.a. doesn't have a written policy. >> they say the administration, many administrations, whether reagan or obama, they do work with hollywood. >> there should be something, i

couldn't believe it. there is no written policy about this? >> there is no way you could have iag nor the movie. you have acted award movies. >> so you have to deal with the fact that this was an obvious movie, we're going to do it. how are we going to do it in a way that more classified information is not compromised. >> bottom line at the end of the day, who is going to be hero in this, i would say military, the navy seals. that is good news. >> not at price of national security. >> i guarantee seals would not want national security breached. >> heather: cain campaign trail getting dirty, huntsman posting an ad by supporters of ron paul.

it features adopted daughters from china and india and suggests that huntsman is not loyal to the u.s. ron paul says they had nothing to do with the ad. he they are condemning it and call it disgusting. take a look. ♪ ♪ so ron paul calling it disgusting. where do we go from here. how low will they go? >> when i ran for the u.s. senate in 2006, they come after your children or come after your family. it's the most horrible thing, you are willing to take the hits yourself but when they go after the kids. >> when they are part of campaign, are you not making your children. >> bringing the candidates'

children into the fore by saying because they are adopted and somehow -- that is so wrong. >> it underscores the problem. super pack has unlimited money and had he necessity hide not giving donor lists. >> they do but after the candidates and who cares after that. >> i think the two rulings. my prediction by the end of campaign we're going to hate everybody. [ laughter ] >> millions and billions of dollars are going to be used for negative campaigning to destroy candidates. whoever wins is going to be somebody you don't vote for because you like it him but because you hate him less. >> what about the rules changing, there a problem with that. >> i think there is growing consent in the congress this was not a good ruling. how can you be against transparency?

who is paying for these ads. at the time, yes, they do have to give over donors eventually but not at point when the election is over. >> if there was negative blow back the rule could be changed and less opposition to changing of the rule. >> heather: january 31st is when they will be required to release the information. >> wedding dresses worth thousands of dollars destroyed ending up in the trash like this after the store goes out of business. price tags still attached. was there a better way? our power panel back in three minutes. >> i think it was a dress and price tag of $6,000 and they

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>> heather: welcome back. wedding dresses that never made it to altar. workers destroying dozens of expense grounds after a bridal shop went out of business. high end dresses some with $4,000 price tags spray-painted and tossed into a dumpster. company president issuing a statement, we have always donated quality gowns but we do not donate unsellable dresses that are damaged, soiled or otherwise poor condition. so let's bring in the power

panel. you can add to the end of that, dresses that they decide. >> it was damaged or shipping or something happens in the store. but this is, store was going out of business, employees of store did it. they were mad about losing their jobs but come on, to take it out on the dresses, $4,000 to $6,000 when they could have donated them to somebody that could wear them. >> this would be felony, $5,000 worth of wedding dress damage. >> it's somebody else's property. >> maybe it was spray-painted red you could deye the whole dress red. [ talking over each other ] >> avante guard wedding there.

>> in today's economy, property that could be used. >> a military bride, there are so many things you could have done with it. >> the consensus of chagrin on this panel, we all agree on this. >> i think should find out who did it. who did it, charge them and put them in jail. >> no reason given. there was piece that that in boston, manufacturers and designers don't allow them to resell them so that was another part of it. >> but donating them, there wouldn't be a sale and store says we did many times before, from all looks of it they weren't damaged until the employees got to them. >> why were so angry at the

store manager. >> thank you for joining us. >> it ended on a note where we all agree. >> gregg: don't get me started on weddings. [ laughter ] >> gregg: all i see is dollar signs. a traffic cop hands a female driver a speeding ticket two days later. she is making a federal case out suing him. coming up.

remembering the victims of the deadly shooting rampage in tucson, arizona. we'll take to you a live look at the memorial service going on right now marking one year since the tragedy that shocked the nation. hello i'll heather childers with welcome to a new hour. >> i'm gregg jarrett, glad you are with us. six americans killed, 13

injured when a gunman fired on the crowd waiting to meet congresswoman gabrielle giffords. >> forever changing the lives of countless people, including gabby giffords. casey stegall is in tucson with the latest. >> reporter: good to see you. bells tolled earlier today, 19 times, once for each of the victims that were shot, 12:10 eastern time a little after 10:00 in the morning local time is the exact moment this community changed forever. i'm standing in the parking lot where the shooting happened. over the past year, virtually everyone has called congresswoman gabrielle giffords a true miracle. i've got to say, we saw that for ourselves last night as she and her husband visited this new memorial here for the first time since that fateful morning. exclusive video shot by fox news channel. she walked around, hugged some of the people and folks in the

parking lot applauded her. hard to believe that 12 months ago, doctors did not know if she would make it. very few with similar traumatic brain injuries do. yesterday, it was a true privilege for me to sit down with her husband mark kelly, optimism shining through and talking about how his wife continues to defy the odds. >> she is doing very well. she is working very hard each and eve i week she spends a lot of time in therapy she is really working at it. something she will continue to work at. she is improving all the time. it is great to see that >> reporter: kelly also told me that today is not about gabby in his opinion, it is about the six people who lost their lives, including a federal judge and 9-year-old christina taylor green the youngest victim of this senseless shooting. >> there is no playbook on

what happens when you have such a tragic thing happen in your family. we didn't know how to really go about it. what we did is started the christina-taylor green memorial foundation and that gave us a purpose. >> reporter: obviously, a number of memorials are planned today and yesterday really all weekend across tucson. we want to show you live pictures of an event that is happening across town. it is a vigil to honor the six who died. a number of family members will be there speaking on their behalf. it is a somber, yet celebratory day, here in arizona. we are going to continue to monitor this vigil and bring you information from that as it is warranted. >> casey stegall, live in tucson. we were sitting here this time last year when that began to unfold. it seems like it was yesterday.

>> very sad moment. we showed you the faces a second ago. we want to take a moment to remember all of the victims who lost their lives in that massacre. here they are. a retired construction worker and active church member. friends and family say he loved helping people in need. 76-year-old dorothy morris a mother of two. friends say she loved to travel and arrived at the safeway to attend a scheduled meet and growth with congresswoman giffords. -- and then 9-year-old christina green on the student council of her elementary school on that day a family friend suggested she might enjoy seeing government in action. john was the chief federal judge in arizona he is survived by his wife maureen and three sons and five grandchildren. 79-year-old phyllis was a great grandmother, her son says she loved to sew aprons

for church fundraisers. and finally gabriel zimmermann aide to congresswoman giffords, engaged to be married this spring. >> heather: in other news, fox news is america's election headquarters. two days until the first in the nation primary in new hampshire and the punches already flying. several candidates taking turns hammering away at mitt romney during a pair of debates obvious the past 24 hours. we have got every corner of new hampshire covered. molly line is -- first chief political correspondent carl cameron. what does it mean historically if mitt romney wins tuesday? >> reporter: it could be particularly significant. nobody other than sitting presidents, as republicans, have ever been able to put

back-to-back wins together with the iowa caucuses and the new hampshire primary. were romney to pull it off that would be a huge accomplishment, at least historical and traditional sense. there's an extrapolation that comes from that. the next state to vote is south carolina. nobody has ever won south carolina's republican primary without having first won iowa or new hampshire. if romney wins new hampshire no we way possible for anybody else to win it iowa or new hampshire, therefore, they won't qualify in the historical sense to went south carolina primary. that's really big you talk about the first in the south palmetto tate primary no republican has been president without first winning there. romney is thinking a back-to-back iowa, new hampshire win could set him pore running the first three that puts him on -- on track for the oval office. nothing else for superstition's sake while so many were pounding him this

morning having given him a pass last night there wasn't attacks last night that many expected. they certainly came this morning. he's slugging them off as the -- he's shrugging them off as the cost of doing business. >> heather: i watched that debate in morning, it was pretty rough on him. unanimously pronounced him too moderate to be the gop nominee. aren't new hampshire republicans pretty moderate? >> reporter: well, on social issues, yes. same-sex marriage is legal here. this state the live for your die motto is a libertarian thing that does apply to social issues. on fiscal issues this state takes a backseat to no one. no sales or income tax even democrats oppose raising of sales or income tax in new hampshire. on fiscal issues they are very unforgiving. on the social side, it is not that they are moderate on a republican scale more of that

libertarian aspect. mitt romney's social issues passed, is a problem in the republican party. across the country and to some extent here. he's working very hard to say he's the full spectrum conservative in the last five or six years but make nose bones about the fact that in 2004 and 2005 he was pro-choice and had a change of heart. he did support civil unions, he wasn't going to back away from that he think there is a way people can have domestic partnerships and legal protections and rights guaranteed in a legal way but not the word marriage. he may be at odds with new hampshire, here same-sex marriage is legal. hard-core conservative on fiscal matters. >> heather: carl cameron, campaign carl on the campaign trail for us, thank you. now the ground game, most of the candidates are out in new hampshire and they are working around the clock trying to win over any of the many undecided voters ahead of

next tuesday. molly line is in new hampshire. what are the candidates doing in these final critical hours? >> reporter: as you might suspect trying to get out the vote this is their last shot to make calls and do the doorknocks and all of those last minute things to help make up the mind of those undecided voters. a few out there still asking questions. let's start with mitt romney two rallies today one with governor tim pawlenty who also tried to run for the white house before endorsing romney. in another rally with governor chris countries tie the governor of new jersey. over the past several days, he's had rallies with the governor of south carolina haley and senator john mccain trying to put forth the idea that he's being endorsed by big name republicans. strong organization they've been putting out signs and a lot of phone banking. he's known to have one of the

biggest operations -- to have the biggest operation i should say. newt gingrich held a town hall today trying to appeal to some of the hispanic voters. -s man has spent a lot of time on the ground -- jon huntsman has spent a lot of time on the ground. he skipped iowa, put all his eggs in the one basket of new hampshire trying to bring in voters to the further reaches of the state going all the way up north yesterday. ron paul, interesting contingent following him, passionate, loud cheers at the rallies and town halls. his campaign appealed to undecided voters to ask questions to pull in those last couple of folks that haven't made up their mind yet, it is tough out there rick santorum took off this morning following that testy debate. flew down to south carolina in one of the more conservative areas he will be back in the state later tomorrow for a couple more events. rick perry hit south carolina

today. in some sense, this campaign still going on here in new hampshire, but there's also an element that has moved on to south carolina. >> gregg: what about moving forward from new hampshire? how much will organizational strength of these candidates matter? of course, that was critical in iowa, how about new hampshire? >> reporter: absolutely. you said it. the critical in iowa because it gives you momentum if you win or finish second in new hampshire that is more momentum. once you've got the momentum going the organizational strength is kind of a bonus it doesn't matter as much, it still matters particularly if you are having close races, but once you get on to further states you can spend more on campaigning advertising, make some quick stops not as much about pounding the pavement as it is in the first two early states and getting supporters out then it becomes advertising. momentum is building if you can get in iowa and new hampshire it will help a lot. >> gregg: molly, thanks

>> heather: a defiant iran getting a serious warning from defense secretary panetta. tehran has threatened to shutdown a major oil route. report the country is enriching uranium in a new underground facility. panetta says iran is laying the ground work for building nuclear weapons but hasn't actually produced any yet. panetta says he wants tehran to know that the u.s. could put an to end those plans, and fast. doug mcelway is live in washington. wasn't it yesterday that eye want was praising the united states for the humanitarian gesture of course of rescuing those iranian fishermen from somali by -- pirates? >> reporter: true, now iran is back with provocative acts that will keep american military and western allies on edge. publication request close ties to the government there, has

revealed what it says is a second uranium processing facility. the report says the facility is well protected from attack, during reed 300 feet under rock, -- during reed 300 feet under rock. panetta indicated that iran is still not acquiring a nuclear capability but if it does he does not rule out attack but indicated sanctions are skrg the desired affects so far. >> you don't take any option off the table that's extremely important. don't take any option off the table. but the responsible thing to do now is keep putting diplomatic and economic pressure on them to force them to do the right thing and make sure they do not make the decision to proceed with the development of a we are -- nuclear weapon. >> reporter: general dempsey went further saying if they take that step, they get stopped. it is important to note that republican presidential candidate mitt romney has said if he becomes president iran

will not have a nuclear weapon. rick santorum, more blunt saying that he would bomb iran's nuclear facilities, prevent the development of a nuclear weapon. >> heather: how about the new threat to block the strait of hormuz. >> reporter: iran says it will do that if europe carries through on is threat to sanction iranian oil exports and if u.s. sanctions iran's central bank. john bolton doubts the threat is real. >> i think what you are hearing is bluster and bluff intended to try and back off the europeans from the oil sanctions they are considering. and to back off the united states from the central bank sanctions that congress recently imposed which don't take effect for another six months. >> reporter: many suggested that such a blockade would hurt iran's economy more than it would its intended victims. >> heather: let's hope it is bluster and bluff. thank you doug.

>> gregg: north korea's new leader kim jong un vowed to wage war north korean television airing a documentary highlighting his military training showing him driving a tank and ing military exercises as a four star general part of his grooming as the successor to kim jong il who died in december. his age is still a mystery. >> heather: heavy snow brings road closures and risk of avalanches to western austria. the popular ski region remains isolated as rail service has been suspended. at one point military helicopter had to be used to rescue 50 people who were stranded at a mountain refuge. meteorologist maria molina is live in the fox weather center. nothing like that here, right?

>> no, we are looking at a lack of snow across parts of the upper midwest and northeast thanks to the mild temperatures that we've been enjoying. even looking at above average temperatures as far south as the deep south today. that's something we are looking at otherwise across the southwest big issue this weekend has been santa ana winds ongoing across southern california we still have wind advisories still windy out there wind gusts up to 60 miles per hour sustained between 25 to 40 miles per hour. if you are driving high profile vehicles you need to slow down across this area the winds will continue to be gusty basically through monday morning. they will be decreasing in intensity as we head into the overnight hours. as far as precipitation across the country today scattered. we have showers and isolated storms across parts of georgia, alabama and mississippi even texas. we still need the rain across texas and parts of oklahoma, still looking at drought conditions, but we are going

to be getting quite a bit of beneficial rain as we head into the start of the workweek monday, all thanks to a low pressure system that will start to develop over western parts of texas bringing in snow, heavy at times across el paso and midland, text accumulating snow we'll tell you how much in a second the storm system will continue eastbound tuesday exit texas impacting parts of the southeast before heading into parts of the northeast as we head into wednesday and thursday. how much snow are we talking? between five and seven inches locally more between el paso and midland, texas otherwise a lot of rain across central and eastern texas on the order of inches between two, three, locally four inches of rain. we have winter storm warnings across western texas and new mexico, you guys have got a lot of snow here over the winter and fall good news for you guys as far as ski

resorts. for tomorrow, high temperatures guys, another mild one across parts of the midwest, 44 minneapolis, 55 high in rapid city, 51 in raleigh, north carolina. guys warmer in rapid city than in raleigh, north carolina. >> heather: wow, interesting. i'm looking at 17 and then 79 down in florida. thank you very much maria. >> gregg: i'll go for the 79 in florida. >> heather: over 17 any day. >> gregg: i'm not the cold kind of guy. u.s. military on lockdown after sensitive equipment vanishes. wail until you hear what went missing and how many s are stuck until all of it is found. >> an agency that policing wall street doing a major about face. how a new policy reversal could impact some of america's biggest companies. >> gregg: take a look and listen to this.

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>> gregg: congresswoman gabrielle giffords reflecting on the shooting in tucson, arizona one year ago. six were killed, 13 injured, including giffords who was shot in the head. her husband mark kelly releasing this new picture of the congresswoman of gabby out to dinner last night. commander kelly saying on twitter it was the first night out in tucson since last year's shooting. we are learning that more than

100 soldiers have been on lockdown since wednesday after military equipment was stolen from the base in fort lewis, washington over the holidays. >> two days and counting to the new hampshire presidential primary. challengers went after mitt romney big time who polls say has a comfortable lead ahead of tuesday's vetting. -- tuesday voting. >> heather: a swiss newspaper is reporting that federal investigators mere in the u.s. are giving swiss bank suspected of helping americans with tax evasion a deadline to turnover the names of clients. the january 23rd, deadline deal in the works between the swiss and american governments that would include heavy fines. last week three employees of one bank charged for helping american taxpayers hide more than a billion dollars in assets. >> gregg: the sec is changing

a very long-standing and controversial policy that may take a serious toll on companies trying to plead guilty to charges. until now hose companies could plead guilty in -- now those companies could plead guilty in court without admitting wrongdoing in other places, no more. a shot in the arm of justice or shooting u.s. companies in the foot? brenda, what do you think? >> i'm not so sure this is such a great idea. the sec goes after publicly trading companies for insider trading for fraud, accounting problems. it gives money to the -- it can go after money for -- pay it to the victims the companies don't have to admit wrongdoing. they are going to be much more likely to settle and give money, if they don't have to admit wrongdoing. if they have to admit wrongdoing they are going to be much more likely to go into a long trial that is going to

just take up our taxpayer money and in the end who is going to get the shaft? it going to be the people, the people that were hurt. >> gregg: i understand from a defense standpoint why a particular company pursued by the sec would not want to admit responsibility and hraoeupbltd, because you don't want that to be used against you in a different proceeding. a court might make what is -- might take what is called judicial notice of it. that's unfair because the standards are different in a criminal prosecution the burden of proof is higher as well as rules of evidence are dramatically different than a presidenter by the sec. >> absolutely. -- than a procedure by the sec. >> absolutely. at first glance in makes a lot of sense. i don't think in the end it is going to do that much good for victims or for the -- or makes

sense from a legal perspective. >> gregg: the sec has had a record year in terms of the cases they've pursued. look at this, 2.8 billion dollars in settlements, 735 different cases top 20 settlements almost a billion dollars right there on the top 20 cases. can it be said that the sec has awakened from his long slumber? >> either that or there's been a lot more wrongdoing. >> gregg: a lot of guilty people out there >> exactly. again, if they don't have to admit wrongdoing, companies are much more willing to settle. >> gregg: and the goal is, by the way, to compensate victims. the federal prosecutors can go after the bad guys and gain criminal convictions where merited. >> absolutely. the sec they go after and they help the victims. >> gregg: good news. brenda buttner, thanks very much. coming up, the gop, we

return to new hampshire where the democrats -- the gop copying the democrats' primary model changing the rules after seeing what happened between then candidates barack obama and hillary clinton in 2008. what the changes could mean for the race now. >> gregg: a good samaritan coming to the rescue. this the first time. he has a history of being in the right place, at the right time, to fight crime. we'll tell you about it. capital one's new cash rewards card

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>> gregg: time now for top of the news. a moment of reflection in tucson, arizona. congresswoman gabrielle giffords remembering the lives of six people gunned down at one of her meet and greet events one year ago today. >> heather: fears taliban infiltrating the afghan army after a nato soldier is killed in afghanistan killed by afghan soldiers the latest in a series of attacks by afghan security forces. >> gregg: talk about one lucky penny. a one cent copper coin selling for a record 1.83 million dollars in florida. it was produced in 1793, the first year that the u.s. made

its own coins. >> heather: wow. the first in the nation primary is tuesday. the road to the nomination is a long one that's because the republican national committee changed the rules to resemble the democrat system which doles out delegates to candidates based on proportion of votes they receive. they made the change after witnessing the long primary struggle in 2008 between president obama and hillary clinton. the hope, hope any way, is that a longer gop primary will generate more national interest in the eventual nominee. charlie hurt isfor "the washingd joins us with more on his take on this. thanks for joining us charlie. >> good to be with you heather. >> heather: will this work? how long is this process going to be? will it benefit the nominee? >> i think in an ideal

situation it is good it takes the show on the road. it takes the primary into far more states than traditionally we've seen with the gop. this time however, i don't know that -- i think it will draw it out a little more. i don't think it is going to be a problem for republicans. it appears at this point that at this point it is about money whether you can keep the -- campaigns are very expensive. it all depends if you -- either you have the money to keep it going or if you can raise the money as you go along to keep it going. the big money raisers, the people that have proven themselves other than mitt romney, michelle bachmann has a history of raising a lot of money but she is already out. rick perry has raised a lot of money and is still around but he's done poorly enough in the debates that it doesn't look like he will be around that much longer. ron paul can raise lots of money and will continue to

raise lots of money. he's the with one i would imagine would probably stick around the longest, competing against mitt romney. the problem for is, he's got to start winning delegates. lagging third place finishes don't win delegates. >> heather: let's look at the delegate numbers. so people can understand to win the republican nomination a candidate will need the support of a majority it would be 1144 of all the national delegates that total number being 2286. should the current poll leader romney emerge as winner of several of the early states another candidate could keep campaigning to unite a bloc of delegates against him. i should clarify, 1144 would be the number needed. do you that i is possible for anyone? >> well, the person most likely to do that is ron paul.

he is very much on a mission. but i don't think -- i get the feeling that he probably isn't going to do something that hurts mitt romney in the long run or hurts the dom knee whoever the eventual -- nominee is in the long run. for a variety of reasons. i think he will use his delegates, the delegates that he picks up along the way to make arguments about the republican platform when they -- when the convention convenes next fall. >> heather: charlie were you talking about it is all about the money earlier. the longer the primary the more money spent in the primary the less available in the general election. who does that benefit, obama's campaign? >> that's generally true. but, i think that politics is always when it more exciting with when there's a longer fight not only does it make

the nominee stronger, better, smarter and sort of inoculate them against a lot of attacks that they are going to see in the general, but you know it is more of an opportunity to raise money and if you are an exciting candidate and it is an exciting fight you are going to have no problem. look at barack obama four years ago. that was the bloodiest, longest fight that anybody -- nobody could have imagined, we all were convinced that hillary clinton was going to walk away with it in iowa and it wound up not ending for another six -- over six months later. obama had no problem raising tons antons of money. even -- and tons of money. they were able to raise enough to put a big den in the debts that hillary clinton racked up. that is never popular to raise money to retire debt. >> heather: something we learned there are no guarantees when it comes to politics. thank you charlie hurt.

keep it right here, with we are live all evening from manchester, new hampshire our special election coverage stars 6 p.m. eastern. bret baier anchors special report then shepard smith takes over with the fox report at 7:00 eastern then at 8 p.m. eastern bret is back with megyn kelly for a special only on the fox news channel. >> police investigating possible suspect in a colorado explosion. the scene in lafayette yesterday after a woman picked packages left outside her home, carried them over to her volvo, one of the packages exploded that woman identified as 44-year-old allison stone she and her husband christopher were both injured they are being treated for burns. police are not elaborating on the suspect only to say they believe the couple was targeted >> heather: a 22-year-old california man hailed a hero after stopping two would be

robbers the whole thing caught on camera. this incredible story has one added twist, if it needed another. it seems this good samaritan has a history as a crime fighter. >> i heard the sound of a struggle like there was something going on out front. i turn and see these two kids looks like they are going to jump this clerk. >> reporter: that's alex ruiz rushing to help the store clerk when two men tried to steal beer. >> as soon as you recognize there's a threat to somebody this whatever environment, flight or fight, i chose to fight. >> reporter: fight he did with coffee still in hand he tack down the first and watched the second guy beat up the clerk. >> i see him turn and charge the door and i go to meet him you can see he got me once and we went to the floor and it got floppy from there then pushed him off and he ran away.

i watch a lot of batman. >> reporter: this the first time alex has found himself in the role of good samaritan. a similar thing happened a month ago. >> we see this kid walk out the door with bud light caught up with him and told him to deposit the beer and it was done. haven't paid for coffee since. >> reporter: police are looking for these two and commended ruiz for his crime-fighting efforts. they award him the chief's coin former right. >> heather: and the suspects in this case still on the run by the way, our thanks to susan our fox an fill lit kt tv for that report. >> gregg: he watches a -- a lot of batman the original from the 50s? >> heather: i don't know, but it helped. >> gregg: okay. in new hampshire, a long overdue commendation this weekend for a little boy credited with saving his mom's life. what a great story. last november 6-year-old james barker's mom suffering a

seizure at their home in concord. no other adults were around. james knew precisely what to do. >> i know what 911 did it did ambulance, cops or the fire department. >> when i walked in, he knew exactly where to take me and hand me the phone and everything, he was great. >> i was really excited. he's my little hero. >> gregg: he sure is. emergency workers think james is a hero too. yesterday they honored him and the rescue team who responded to his 911 call. also an opportunity for james' to meet and thank all of the folks that came to her aid. what a cute little kid, smart. he knows his stuff. he probably watches batman too, but that's another story. >> heather: this woman is suing a cop. not because he wrote her a ticket. she claims he wanted her address to ask her out to dinner. does she have a legal leg to stand on?

then watch this. >> gregg: the cord snapped. shocking video an extreme sport goes horribly wrong. the end to this bungie jump over crocodile infested waters, coming up next. [ male annouer ] juice drink too watery? ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8.

welcome back. take a look at this. the bungie cord snaps and the woman attached lives to talk about it. >> heather: the 22-year-old made the jump in zimbabwe then you can see the line snapped. the australian tourist went

plunging into the river rapids below she managed to swim out with her leg still tied together. >> went black. straight away, i felt like i had been slapped all over. i think it is definitely a miracle that i survived. >> heather: apparently there are crocodiles if this that river. she spent a week in the hospital for bruises and scrapes. the jump operate earth saying its operations are -- jump operator saying in a statement its operations are safe. >> gregg: in indiana jones they got eaten by crocodiles so she was fortunate. >> woman suing because she claims the cop wrote her a ticket to get her address and ask her out. she is using rebecca's law named for late actress rebeck sashay murdered by a --

rebecca schaffer murdered by a stalker. the officer says the woman is blowing his gesture way out of proportion. let's bring in our legal panel to debate. joey jackson a defense attorney and former prosecutor who says this lawsuit is nonsense. and lis wiehl, fox news legal analyst who says she has a legitimate case. i can't believe that is your point of view, but if you want to embarrass yourself. >> thanks gregg. >> gregg: joey, you think is preposterous and abuse of the legal system, why? >> first we know what the officer did. let's talk about what the officer did not do. if you are going to claim stalking shouldn't we talk about a course of conduct designed to harass, humiliate, intimidate. the officer did one thing that was to leave her a note asking for her date. it would have been another matter had the officer went up and said if you date me i

won't give you a ticket or if he -- not or if he went to her house, followed her, waited for her to come out, she said no and he continued to follow her, no such thing. this does not rise to the level of a lawsuit this is an abuse of our legal system. if this woman wants money and needs a loan have her talk to a best selling author. >> gregg: put up on the screen the note left on the windshield of her car by the police officer. >> gregg: lis, what he also said in that note is, if you don't want to get in touch, no problem, i understand. >> you need walk it back. by the way, i have never stopped thinking about you since. that's creepy. let's back it up. he pulled her over, gave her the speeding ticket.

here's where he went horribly wrong that's why rebecca's law is in effect. it is not stalking more about using unauthorized motor vehicles registration. he used his power as a law enforcement officer >> gregg: are you sure? >> absolutely. wait a second, gregg think logically, she has the speeding ticket, she leaves. goes to motor vehicles, he likes her, he uses his law enforcement power, probably on law enforcement time, illegally gets her medical -- not medical, auto records finds out where she lives, posts the note on her car at her apartment. right outside her apartment that is creepy. >> when you stop a motorist, by virtue of stopping them they produce a license and you know where they live. >> maybe he wasn't that smart he wasn't looking at the time. then he got into her uses his force to get these records then follows her to her house. she has a police officer after

her. carrying a gun. >> gregg: have you ever got pull over? >> yes. >> gregg: on the ticket is your address. >> i don't want a police officer coming to my home afterwards. >> gregg: take a wide shot, five minutes ago it took me less than 30 seconds to find her address on that computer. >> that is not what happened here. he broke the law using unauthorized access to motor vehicles. >> does this rise to the level  law? when you talk about rebecca's law the poor actress murdered based upon an insane fan who repeatedly, continue with ly approached her, denied by her. >> you are sounding like way back in the dark ages where women had to show they've been constantly harassed and the police wouldn't do anything until the guy came and did something to her physically. don't we want a law in place, she has recourse to say, stop

it, don't do it, i find it creepy, she is a single mom with kids, frightened about this cop coming in. >> gregg: in his note he says, if you don't want to get in touch with me, no problem. >> and i haven't stopped thinking about you since i gave that you ticket. >> and this caused her, it caused me fear, anxiety, frustration! goodness, gracious! the cop says i'm bald, ugly, just have a date with me. all she had to say was no. >> gregg: lis wiehl held her own here. >> she always holds her own, are you kidding. >> women write into joey and greg g tell them i'm right. >> gregg: good to see you both. >> heather: i'm with lis on this one, creepy. disturbing report medical researchers varying drug -- burying drug trials they are working on look bad.

who is responsible, what it means for our health care system?

>> gregg: disturbing new report accusing researchers of suppressing research on drug trials. >> heather: not just the private companies. the report calling out government-backed researchers. joining us fox news medical a-teamer and professor of medicine at new york university, dr. marc siegel. >> good to see you. >> heather: thanks for being here this report disturbing to patients who is most affected by it? >> well, patients. because there's insufficient disclosure going on. the fda there's a law since 2007 in the united states that says that all trials have to be posted on clinical trials.gov

only 22% of studies are actually making it there. the problem is, i actually focus usually on media reports and i say that headline doesn't show the real story then i read the actual study. it turns out the actual study may not show the real story because it may not have all the individual data with we need. this study in the british medical journal looked back and found unless you have everything, the whole method section, knowing what each patient went through, you may miss whether the drug was helpful or harmful. you may miss it was more helpful than you thought. we heard of many stories with the diabetes drug avandia, the drug for the spinal cord, a heart drug where there was a big delay that's a biggest problem, there's a big delay for the real information gets out. >> gregg: when i open a medical journal occasionally all these advertisements are there could that influence --

>> nobody is going to admit that, but that's a big problem. it is hard to see whether you are dealing with an advertise publication or an actual publication of studies. i find that disturbing. by the way, drug companies are directly involved in this issue you might be surprised to find out even nih sponsored studies -- >> gregg: national institutes of health. >> don't have complete information. you have to know more than the outcome. knowing what the conclusions are is not enough. you have to know the data to figure out what what the effect is. >> heather: withholding this information rises to the level of being unethical. does it rise to the level of a crime? >> no. well, that's interesting you say that. again they are violating a certain law but nobody is enforcing it. certainly unethical. again, the biggest issue is delay. this all comes out in the wash eventually. with avandia it took a court case for to come out and i was shown the diabetes drug was an society with heart disease and

death that lead to a lot of issues with the fda coming to bear on it. >> gregg: if somebody is harmed, civil liability. >> it tykes too long it has to be within -- it takes too long, it has to be within a year. >> gregg: have a great week. okay, team! after age 40, we can start losing muscle --

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