friend from victoria's secret. >> look, they're telling you a secret. >> it seems an angel has fallen. why this model and now chris is paying attention is hanging up her bra. once i start reading, the video stops. >> hello. can you see the teleprompter? "fox & friends" starts whenever. >> wow, it's a man's dream show today. first, models and bras and nothing much else and now cars. >> now, steve put together the trampoline. >> fine. i'll have to go outside. brian, what exactly is urged neath that tarp? we'll have our own tarp bailout today. >> brand new nascar, steve, and we'll give all the details coming up shortly. it's something that's got new york city atwitter and making the new york giants old news.

>> really? >> absolutely true. >> well, you're going to unveil something for the very first time on "fox & friends." >> which is? closed captions? >> that car! in case you hadn't noticed. >> never left. >> thank you all for joining us on this thursday morning. we're going to talk a little bit about what's going on on capitol hill and there's a battle royale brewing. the white house says we're not going to back down and the republicans say look, you've got to back down, it's just the way it should be. john boehner extraordinarily yesterday, the speaker of the house. >> a catholic. >> a catholic. went to the floor of the house and said mr. president, you got to do something about this. >> if the president does not reverse the department's attack on religious freedom and then the congress acting on behalf of the american people and the constitution that we're sworn to uphold and defend must. >> uh-huh.

>> wiggle room for a while and i thought the administration as predicted by laura ingraham and others were willing to back off this. they're saying wow, it's causing a firestorm and we'll reveal a poll that reveals that america is pretty upset by this but they didn't. they said we're willing to talk but not willing to change. listen to jay carney. >> we want to work with all these organizations to implement this policy in a way that is as sensitive to their concerns as possible. but let's be clear. we are committed, the president is committed to ensuring that women have access to contraception without paying any extra costs no matter where they work. >> here's what i'm trying to wrap my head around this morning. currently, the way it works is that if you're a woman and you want to use contraception, you can apply -- if you work at most companies, you can apply to go on birth control and your company, i think, will pay a portion of that cost. if you work at a catholic institution currently, it's my

understanding like at notre dame, that you would have to pay full price if you wanted to go through that insurance company. you could always go to planned parenthood or something like that and get a cheaper alternative. now what's going to happen, i think, is that this mandate will force all companies including catholic companies to provide contraception free. that's my understanding. is that your guys' understanding? >> not exactly. the way it is right now is if you work for the catholic church, the federal government does not force the catholic church to have their employees birth control paid for by the church because there's this conscience law. you can't do that. the employer there, the catholic church. in this case, catholic university, catholic institutions, hospitals, exactly, once again, the employer is the catholic church and the catholic church has steadfastly stood against contraceptive and birth -- contraceptives and birth control for many, many years. you know what? this is not about abortion.

it's not about birth control. it's about religious freedom. that's what the republicans are saying on capitol hill. >> but what's the leverage? is the leverage federal tax dollars? is that what's keeping -- so where's the -- >> you mean why are they arguing for it? preventative medicine. if you listen to the democratic women on capitol hill yesterday, they were saying that women should not be used as a political football, you know, it should be the woman's decision about birth control and not her boss' decision. that was the senator from new york and you had senator boxer, this is their argument that it's a preventative thing and some women need to be on birth control for medical reasons. senator boxer. >> it's medicine. and women deserve their medicine. and now, the republican leaders of congress at the highest levels want to take away their health care. women in this country are tired of being treated like a political football by

republicans in congress who have tried continually and are continuing to try to take away their benefits. to take away their rights. >> birth control, she says, is medicine. if you believe that, ok, that's the argument right there. but -- >> i think for 15% of the women, that was the stat she used that some women because they have endometriosis, we don't want to get too into the weeds here but i think some women are -- it's recommended that they go on it by their physicians. >> absolutely. some women use it for medicine. the vast majority use it to prevent getting pregnant. rasmussen did a poll, called up 1,000 people and here's some of the results. 50% oppose. 39% favor it. 10% undecided. interestingly enough, when you get into the small print about it, a plurality of republican and independent voters as well are against it and for the white

house, that is a problem. >> well, the other thing to add, too, is there's a democratic retreat so the president showed up there and everybody was like what do you think about this? we're not budging. meanwhile, marco rubio says the white house has got to backpeddle. listen. >> the solution is for the president to come back ask say you know what? maybe we overreached. maybe we went too far. we've heard from a lot of people and we're going to reconsider this decision. there's nothing wrong with that. we have plenty of other issues to argue with this president about. >> marco rubio will be coming up on "fox & friends" in our 8:00 a.m. eastern time hour along with senator manchin, democrat from west virginia. they're making this a bipartisan effort and it's notable as well that tim kaine who used to run the dnc and he's from virginia now running for senate in that state, he's come out against this. keep in mind, he used to be the mouthpiece for the obama administration and he is now, you know, maybe he wants to win the election in virginia. so now he's coming out against this as well. >> one thing, it's basically a miracle. this is the one issue where we don't hear from joe biden.

it's the one time he's not speaking out or has to lead a coalition or fact finding mission. >> catholic in the administration. >> there's a bloomberg story out there that says apparently this were months of discussion inside the white house about what to do about this. and the president ultimately sided with a number of female advisors on doing this. but there were two people in the administration who were stridently opposed. joe biden and bill daley, the chief of staff. >> bill daley is gone. biden is quiet. >> exactly right. >> both warned that the mandate would be a government intrusion on religious institutions. interesting, since daley is gone, you know, if they are looking for a reason to get rid of biden or if biden wants to step aside, this would be a perfect wedge issue. you know what? i'm going to go because i don't -- >> i don't think so. but i think what you brought up earlier is very important to this discussion which is this is about religious freedoms. >> absolutely. >> and just imagine if there was another religion that was being

attacked. i mean, i think that's the way to look at this whole thing. your rights could be taken away down the road. now to your headlines and a fox news alert. one of america's most wanted enemies reportedly dead at this hour. according to pakistani officials, al-qaida's leader in that country, he was killed by an american drone. officials say he was one of four suspected militants who were killed. he's not only responsible for sending trained militants to afghanistan but for several attacks and bombings in pakistan. it's a deal that could help two million home owners. five of the nation's biggest banks will admit responsibility for foreclosures as early as today. the settlement that could top $25 billion will reduce mortgages for one million of those home owners or allow them to refinance. for those who lost their homes, they're eligible for a one time payment of $2,000. five banks are bank of america, j.p. morgan chase, wells fargo, citigroup and ally financial mortgages owned by fannie mae and freddie mac are not covered under this deal. 22 minutes, that's how long it

took police, to get to josh powell's home where he murdered his two sons. now the dispatcher who handled the initial 911 call is under investigation accused of wasting precious time. >> how long will it be? >> i don't know, ma'am. they have to respond to emergency, life threatening situations first. >> this could be life threatening. i'm afraid for their lives. >> it took the dispatcher nearly eight minutes before he notified police and the cops took another 14 minutes to arrive on scene because the dispatcher said to them it wasn't a priority. that dispatcher still on the job until the investigation is complete. now to a story every parent needs to see, a 7-year-old girl fights off a kidnapper and surveillance cameras catch the whole thing. watch this. you can see the man walking down the toy aisle at a wal-mart in georgia before grabbing the little girl. oh, my gosh. he tries to carry her away. she's not going anywhere without a fight. >> he just grabbed me.

and i was screaming, kicking and he just dropped me and ran off. >> take me right there. i kicked as hard as i can. >> wow! police eventually caught up with the man, the 25-year-old thomas woods, a convicted killer who was out of jail on parole. and that's right. every parent should see that. if you're a parent and you see how quickly that can happen. anywhere you are, make sure you see your kids and watch them. >> speaking of parents, parents want their kids to get the best education possible in the state of new jersey. there's discussion about whether or not they should have school vouchers. the guy who heads up the nea, the teachers union, that guy right there, vincent giordano, he was on a show a couple of days ago responding to hey, why don't you allow vouchers so we can take our kids and put them in private schools where they will get a better education? here's what he said. >> those parents should have exactly the same options and they do. we don't -- we don't say that

you can't take your kid out of the public school. we would argue not and we would say let's work more closely and more harmoniously. >> they can't afford -- you know that, some of these kids can't afford to take their kids -- >> life isn't always fair and i'm sorry about that. >> life's not fair. governor christie heard about this and reacted to it yesterday. >> i cannot express how disgusted i am by that statement. that level of arrogance, that level of puffed up rich man baloney is unacceptable in this state. he should resign! >> and it's important to point out that particular person in charge of the union apparently, according to reports, makes more than $500,000 a year. so maybe he can't relate to some of those people and remember that documentary last year "waiting for superman" that talked about the angst some of these families go through to get that one lotto number to go to a better school. keep in mind, this administration disagrees with the voucher system.

so this could become an issue come fall. >> the national average of the amount of money we spend per child to educate them in the united states. >> higher than anywhere else in the world. >> it's about $10,000. in certain districts in new jersey, they spend $30,000 per kid and half the kids can't even read at the eighth grade level by the time they graduate. there's a problem in new jersey. chris christie thinks that vouchers would help. but obviously, the teachers union would like to protect their -- >> the other problem is if you get off the main thoroughfare, you get lost. no matter what age -- >> keep turning right. >> it's unbelievably how confusing the roads in new jersey are after you get off the turnpike. >> gps invented for the garden state. >> my gps threw up its arms last week. >> i know what you mean. trying to get to the airport. >> lawmakers might still be sleeping but they better wake up. more americans depend on government assistance than ever before. stuart varney is here next. >> you see the "american idol" auditions that just fell flat.

this girl took it to a whole new level. >> kaboom! wake up! that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition. could've had a v8.

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>> if you're just waking up, it's 16 minutes past the top of the hour. the days of true grit may be long gone. now it's true government. a new report indicates that 1 in 5 americans rely on some federal assistance program. >> here to talk about "true grit" the movie, john wayne as well as his last feature film, stuart varney. >> all right. >> thank you very much. >> you got a statistic that's going to wake people up this morning and it is this. what is the average -- there's a gigantic number in the $30,000 range. >> ok, the average amount of

assistance given to individuals, 67 million individuals, the average is 32,748 dollars each a year. >> 67 million americans are getting 30 some thousand dollars a year. >> $32,748. that number is $300 more than the average disposable income. >> why work? >> this is entitlement nation. this is dependency nation and it's getting worse and worse and worse. >> it's a slow boil, too, because it's up 4% over the last year and the stats you just had on the big board. 1 in 5 americans rely on federal assistance for food, income, for income, housing and college aid as well as retirement aid. >> what you're seeing on the screens now is a picture not of america the way it used to be, but of europe. that looks like europe. more and more dependents, fewer and fewer people paying for this. half the people in america pay no tax when they work on federal income taxes and ever mounting debt because we can't afford to

pay for this. that is europe. that is financially bankrupt europe. it's also morally bankrupt. if you go more and more towards a lack of self-reliance and a lack of private charity and you depend more and more on government, somebody else to pay for you, that is -- i'm going to call it moral bankruptcy. it's just like europe. >> that's very interesting because to me, it seems like this election coming up in november will be the tipping point on this exact issue. >> yes. >> will we continue to go this way and go over the edge? >> we're over the edge. you look to the near future, obamacare will put another 30 million people on to medicaid. that's dependency. you got to pay for that. >> who is? >> we got 77 million baby boomers retiring over the next 20 odd years increasing the cost of -- i'm not going to call it dependency but it's outgoing assistance from the government, ok? >> it's why people aren't taking some of these jobs out there right now because it's more beneficial to stay on unemployment insurance. i mean, it's the same type of

argument. >> the heritage foundation wrote this report, they're a conservative group, ok. they call it calamitous and i agree with it. >> we're going to watch it on varney & company whether you like it or not. >> oh, i like it! >> he saw something, a smoking suv in times square. he said something. now he wants something. the times square vendor credited with thwarting the terror attack. he's standing by to talk about his new political aspirations. >> he's been here before and clearly, she's still got the look. why is that victoria's secret model shedding her wings? she's got wings? they've been clipped, baby. >> remember that two cup discussion yesterday? >> yes. >> that's one of those right there. sweetie i think you need a little extra fiber in your diet. carol. fiber makes me sad.

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>> 23 minutes after the top of the hour. a couple of quick headlines for you. the tsa just fast tracked a plan to speed up airport security. the precheck program which lets preapproved travelers go through faster lines will be expanded to 35 of the nation's biggest airports by the end of this year. and female soldiers now one step closer to fighting on the front lines. today, pentagon will announce new combat rules for women. they're getting increased support roles at the battalion level but they won't be able to serve in infantry, armored and special ops forces. guys? >> on may 1, 2010, dwayne jackson was doing his job as a street vendor two blocks from where we are right now over at times square. that's when he and another vendor noticed the smoking nissan pathfinder parked on the street and alerted cops.

turns out that pathfinder was filled with explosives planted by fasad. >> now jackson himself is running for congress in new york's 19th congressional district. dwayne jackson, welcome back to the couch. we invited your opponent on, a congresswoman, she's declined to be here. glad to see you again, dwayne. >> glad to be back. >> that incident we'll never forget. for you, it changed you. why? >> basically it kind of started when i received a phone call from president obama. i went to this f.b.i. citizens academy class and part of the class was talking about how can you joe citizen make a difference in your community? the more i thought about that and went forward in my life, i had to take a close look and say wait a minute, you know, she's not representative of our district. this is something that maybe i can be a part of to change that

and basically decided to throw my hat in the ring. >> uh-huh. you were one of the guys who made sure that thing didn't blow up. and, you know, hundreds of people, it's been estimated. could have been killed with that. if you were elected to congress, do you want to be involved in terrorism? >> well, i'll tell you, absolutely, i would love to be on the homeland committee, i think representative king from long island would be someone i would love to work with in congress. >> i think he does a good job. >> absolutely. you know, the rnc has kind of labelled me as a liberal, liberal. i'm more moderate and certainly very hawkish on national defense and homeland protection. >> what is your experience in government? have you ever felt like this motivated before to do this? >> well, you know, i grew up in california actually, i was in my high school student senate and my debating partner was the president of our high school so we palled around together. i used the g.i. bill to go to

boston university and i worked in the planning office in kevin white's boston where you kind of got involved with municipal issues of the time and actually, i think, probably in 1978, i actually worked in the campaign of walter washington who was mayor of washington, d.c. who lost to marion berry. >> so you've seen politics up close. >> yes. >> one of the things if you're elected to congress, one of the things that bugs people is the fact that nothing is getting done right now. the democrats seem to be saying we're going to vote this way and the republicans say we're going to vote this way. they don't seem to be compromising on anything. are you a guy that can go to washington and compromise even though the party bosses might say you're with us or you're out? >> absolutely. that's a lot of what my campaign is based upon. when you have 75% to 100% of the votes, straight party line for the democrats. 75% to 100% of the votes straight party line for the republicans, i mean, even if i said to my wife i agree with you

100% of the time, she'd probably slap me. >> you got to agree with her. >> you know, i think it's this kind of, you know, that's the problem that we faced over the last 10 years. >> all right, duane jackson thanks so much for joining us. good luck in this quest. we'll be tracking you and you present yourself extremely well. >> thank you, guys. great to be back. >> he saw something and he said something. >> right. hey, the government screwed up and sent checks to victims of hurricane katrina. should fema force homeowners to give the money back now? we have a brand new development on that story. >> and then take a look outside our plaza. under that tarp, a brand new nascar like you've never seen before, brian kilmeade will go outside and like a magician pull that thing off. >> right. but first, happy birthday to travis twit. a country music star, he's 49 years old. >> he's singing.

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the droid razr is now $199.99. exclusively from verizon. >> all right. i'm really excited. you're going to unveil something exclusively on "fox & friends." >> lot of people are saying brian must be cold. he's shivering. no, it's cold tingling because

we're about to unveil a brand new nascar. entry into the big field. ned ryan, you are bringing this to the forefront and you are the president and founder of the american majority and you've jumped into nascar. is that what's behind us? >> that's what's behind us. we'll have a car on the nationwide circuit. jason will be driving it. we're real excited. it's a theme of pledge to vote, keep america free to engage the nascar nation to become more active this year. >> i grew up in a garage. i understand cars. i'll reserve my judgment until i actually see the unveiling. your pit crew is here. let's take a look at the brand new entry. it will take nascar by storm in a matter of weeks. look at this! america majority, politics jumps into nascar? >> america majority racing. you know, again, pledge the vote.com, we're really encouraging people. this is the time to become involved. if you're not registered, we're going to be doing voter registration at nascar events.

keep america free. it's about engaging a lot of the nascar -- >> i'm not going to tell you how to do your job and tell jason a request. jason, if i was jason, i would want seats. i mean, that's my only thing. i need to sit down. it's a long race. >> well, you know, the thing is you -- there's one seat and quite frankly, you know -->> don't need another. >> you don't need another. >> we don't need another. >> no, we're excited to have jason involved with us. it's going to be a good season. so excited. but again, i think, you know, as we look at the nascar nation and get him involved, it's going to be unprecedented. there's 75 million fans. a huge demographic. >> we'll need you to stick around and i know you have endurance because your dad is a great runner. jim ryan. >> three time olympian congressman, very proud of him. that's my dad. >> now you're cutting your own weight with this. we'll see how politics and nascar mix. everybody knows they want the nascar voter. that many people to put it on a car. >> that's right. that's right. unprecedented. >> all right. good job, ned.

talk to you in a little while. back inside. >> is that a hybrid or electric car? >> this is an electric car. is it faster than the volt? >> yes, it is. yes, it is. >> is it a hybrid? >> no, this is not a hybrid. this is a car that will go 200 miles an hour around that track. a little bit faster. >> it better go a little bit faster. >> you don't have to plug it in at night. >> take it for a spin. >> i thought about it. i usually like to travel with friends and there's no place to put any people. >> we understand. no seats. >> plus, you're going to miss me for 2 1/2 hours. >> what, are you kidding? you could be to the hudson river in eight seconds. >> i probably could except for that thing called street lights. >> oh, yeah. >> like you follow the rules. all right, brian and mr. ryun, thank you very much. brian and ryun. next stop for a couple of the g.o.p. presidential candidates, annual conservative political action conference, better known as cpac, it kicks off in a couple of hours from right now. >> peter doocy is live in washington to give us a preview.

>> good morning. later on today, not far from the national cathedral in washington, they will kick things off from hearing of a trio of former president that candidates. an hour later, herman cain closer to 4:00. in between those, speaker of the house john boehner will deliver an address about the state of the house of representatives while the counterpart in the senate, minority leader mitch mcconnell will talk about the state of the u.s. senate and some other senators like rand paul and jim demint will speak today as well. florida senator marco rubio notably will speak about american exceptionalism later on this morning. day two tomorrow will feature at least one of the likely republican nominees for president. senator rick santorum, governor mitt romney and speaker newt gingrich are all going to address the crowd in that order but they're going to be a little bit spread out and we will stay tuned for that. >> all right, peter, thank you

very much. live report from d.c. >> now, some of your headlines for a thursday beginning with the fox news alert just in from washington, president obama set to take a big step today in reversing one of president george w. bush's signature achievements. later today, the president will free as many as 10 states from the strict education requirements inside the no child left behind act. those states colorado, florida, georgia, indiana, kentucky, massachusetts, minnesota, new jersey, oklahoma and tennessee. bush's critics claim that the law contains standards that were too tough on both students and teachers. >> meanwhile, the story caused a lot of controversy, that is to say, fema accidentally mailed millions of dollars in checks to victims of hurricane katrina. accidentally. well today, it's announcing a plan to forgive the people who cashed those checks. $385 million in improper payments were mailed out, most due to human error and scammers gaming the system. fema has been trying to recover that money for more than a year.

but it has had no luck. so starting next week, the agency will offer waivers to anybody who got a check and cashed it. if they can prove the money went to good use. that was related to the disaster relief. it could be theirs to keep. they're going to have to prove it. gretchen? >> she's leaving her angel wings behind. victoria's secret model kylie basuti has decided to get out of the lingerie business because it clashes with her christian beliefs. while she got to fulfill her biggest dreams, she wants to be respectful to her husband and god. she will continue to model for brands that respect her decision not to wear lingerie. wow. >> i would debate that. >> no kidding. brian, you're our "idol" correspondent and you should do this story. >> fine, a gasp worthy moment on "american idol" last night. watch what happened while one contestant was answering questions from the judges.

>> medic, please! >> oh! >> medic, please! >> medic. >> that was 16-year-old simone black falling off the stage. not clear why she stumbled, though. it looked like she fainted. simone reportedly doing ok. we'll find out more tonight on "american idol." >> steven tyler saying hey, i've been there. i've fallen off the stage. >> i cost my band a world tour! >> a good teaser. >> then they ended the show? they ended the show with that? >> they want you to watch tonight. >> oh, my goodness. >> it's like "dallas". >> they're doing that show again. >> about time. >> former presidential hopeful herman cain is here to weigh in on electability. a phrase we hear a lot this campaign season. what does it mean and how much does it matter plus -- >> each child -- >> thank you. thank you. >> cuba gooding jr. portrayed

him in a movie. now the doctor who made history is turning his attention to the state of our union. what he thinks needs to happen to make america beautiful again. coming up next. i'm a marathon runner, in absolute perfect physical condition and i had a heart attack right out of the clear blue... i'm on an aspirin regimen... and i take bayer chewables. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. he's my success story. [ laughs ] ♪ you and me and the big old tree ♪ ♪ side by side, e, two, three ♪ ♪ counthe birds in the big o tree ♪ ♪ la la la [ male announcer ] the inspiring story of how shipping giant can befriend a forest

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>> couple of quick headlines for you now. a serious health warning for super bowl fans. some of the 200,000 fans to went to the game in indy may have been exposed to measles? someone brought the disease to the super bowl village. four new cases already reported. and same car, different message. g.m. is about to relaunch its chevy volt with a new marketing campaign. sales were dismal in january with only 603 volts sold nationwide. so the new campaign will remind customers the volt was named car of the year and is completely safe despite government tests that claim otherwise. back to steve. >> thank you, gretch, and good luck. meanwhile in 1987, dr. ben carson made medical history by becoming the first surgeon in the world to successfully

separate siamese twins joined at the head. conjoined twins. cuba gooding jr. portrayed dr. been carson in the movie about his life called "gifted hands." here's a look. >> which child would you like to see first? >> thank you! thank you! >> well, now, dr. carson is turning his attention to a different problem. he's worried that america is in critical condition. and is heading in the wrong direction. and he has a cure to bring america the beautiful back again. we are joined by dr. ben carson, a pediatric neurosurgeon at johns hopkins in baltimore and the author of the new book "america the beautiful, what made this nation great." it's a pleasure to have you today. >> thank you for having me. >> why did you write the book? >> i was concerned about the direction of our country. you know, i've had a tremendous opportunity in this country to rise from, you know, the lower wrungs of our economic ladder to the higher wrungs basically

through hard work and taking advantage of the opportunities that exist and freedoms and as i saw those things gradually being eroded, i asked will my grandchildren have the same kinds of opportunities? and i think we're like the frog in the saucepan where the heat is being turned up and not actually realizing that many of our freedoms are disappearing. >> that's right. you feel that america is on the decline. and unless we turn this ship around, we're going to be in big trouble. >> i believe that. and part of it stems from the fact that we don't know our history. the average person on the street really doesn't know very much about this country, how it became the greatest nation in the world in record time, changed the whole outlook of the earth. >> you've got -- we're going to talk about three areas that you think that need to be tended to immediately and the first one is health care, obviously, your area of expertise. what needs to be done there. >> first of all, we don't need to spend more money. we already spend twice as much per capita as the next closest nation. there are real access problems and, you know, we need -- just i talk about this in the book

extensively, give solutions but just as an example, if you get an appendectomy in new york vs. dallas, vs. miami, different ways of submitting bills and different ways of reimbursement that justifies the mountains and mountains of paper to be paid out of the health care dollar. we have much easier ways of taking care of those things and creating consistency in the system. >> i'm going to go out of order, note to the producers. let's talk about education before we get to religion. education? >> well, education used to be a strong point in our country. when they came here in 1831, one of the things that flabbergasted him was the degree of emphasis we placed on education. and many communities it was absolutely required. you were fined if you didn't have adequate public education. but he also noted that we actually taught values in our schools and it was really in the mid 20th century that we began to throw the values out and began to infiltrate education

with other kinds of things and political correctness which is absolutely destroying our nation. >> we were just talking a little while ago about chris christie and his -- his battle now with one of the heads over at the teachers union in new jersey. in certain districts in new jersey, they spend $30,000 a year for -- to educate the kids over there and they graduate and they can't read. >> absolutely. because again, we're not really emphasizing true education. you know, if you really want to be impressed and this is in the book, go and look at some of the questions that were required for sixth grade exit exams in the 1830's. >> i know, i saw that. it's an eye opener. finally, let's talk a little bit about religion because that's in the news today. >> yes, well, you know, there are people who say that we are not a judeo christian nation and i show in the book where our -- many of our founding fathers look at what they said, you will see that they were not just that, they were real christians

and have a strong faith in god. there are too many people who think separation of church and state means separation of god from state. and separation of god from whom we are. all you have to do is go back and look at the convention of the constitution in 1787 when benjamin franklin got up in front of the whole assembly as they were about to be destroyed from dissension and he said gentlemen, stop. let's get down to our knees and pray. they prayed. they got up and they put together 16 1/3 page document known as the constitution of the united states which has been absolutely fabulous and we need to recognize it. >> and what do you make of this administration mandating the catholic institutions provide birth control for their employees even though the catholic church does not belief in birth control? >> i hope this is just a matter of them not really thinking it through and not them really intentionally trying to trounce upon some of the very -- >> it sounds like they were making a political calculation, though. >> i hope that's not true. >> we'll have to find out if

they do cave and compromise. the book is great and it's called "america the beautiful." thank you very much for joining us. >> thank you for having me. >> thank you, sir. >> all right, 12 minutes before the top of the hour. a lot of talk these days about electability this election season. what does that mean and does it even matter? up next, somebody who capitalized on electability, former presidential candidate herman cain. the cain train pulls in next. and while you were sleeping, rock 'n' roll hall of fame announcing their newest additions. smokey robinson's miracles made it. we'll tell you who else is there. "fox & friends" rolls on live from new york. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8.

>> welcome back, everyone. washington insiders keep saying mitt romney is best able to defeat president obama. but it was rick santorum yesterday on our show celebrating a three-state sweep. >> missouri, i agree was a beauty contest. but missouri is a very, very key state and we saw a huge 55%, guys, i mean, this was, you know, we beat governor romney by 30 points in two states in the u.s. and governor romney spent more money in minnesota. he spent more money in colorado than i did and four years ago, he got 61% of the vote in colorado so this was an area that i wasn't supposed to be able to compete. >> so does electability really matter? or is it something the establishment emphasizes in order to propel a certain candidate forward? former republican presidential candidate and founder of herman cain solutions, herman cain joins me now. good morning to you. >> good morning. thank you. >> we'll make everyone think a little bit this morning. so this whole electability thing, is it something that's conjured up by the establishment

or is it something that voters really care about? >> i think it's a little bit of both. when i made the assessment as to whether or not i would run for president, i made the assessment based upon message, messenger and money. this election and this primary has turned it upside down. he who has the most amount of money can influence the outcome of the state primary and then look at the messenger, he has to be perfect. nobody's perfect and then as if the message is being subordinated to those two so i believe the establishment, they're looking at the money and the organization that money can put together in order to give them a better chance. but i don't think that that's necessarily what the american people are saying. >> yeah, it's so interesting because even after santorum wins these three states, all the pundits seem to be saying for the most part, yeah, but it's inevitable that romney will be the ultimate candidate because he has money and organization so what you're saying this morning is you believe that the people of america may feel differently.

>> exactly. because mitt romney has had the largest war chest from the beginning, the establishment in my opinion has been pushing and saying that romney is the inevitable nominee. the american people, if you look at what happened in iowa, south carolina, new hampshire, florida, and now what happened out west, the people are saying something different. they are saying, they are not going to allow the establishment, the pundits, the political elites to dictate to them how they vote. this is why if the candidates whether that is romney, whether that is gingrich or santorum, if they drive message harder and be more specific, i think that that's going to cut through with the american people. >> it's interesting because we're talking about the people this morning and here are the people speaking in this latest poll. this is a rasmussen poll from a few days ago. how the republican candidates stack up against president obama and i was surprised to see this. santorum on top. does the best out of all the

candidates against president obama, 45% to 44% within the margin of error. gingrich then was at 43% to president obama 46%. and romney was at 43% to president obama 47%. were you surprised by that? >> i was surprised by that, yes. but here's the other take away from that poll, gretchen, the administration and president obama, they have been successful at creating enough distractions that a lot of people still thinks that he's doing a good job. that's the biggest challenge that the nominee in the republican party is going to have to face, overcoming the distractions that have been created. he doesn't talk about the economy, why? because this economy is still struggling at 1.7% last year. he -- they are manipulating the unemployment numbers. gasoline prices are going to go back up to $4. they're not talking about that because they really don't have an effective policy. my point is this -- in addition to having a candidate with a lot of money on the republican ticket, they're also going to have to be able to cut through

the clutter and all other distractions that have been created by the obama administration and get the real message through to the american people. that's what it's going to take to succeed. >> uh-huh and maybe once there is actually a nominee on the republican side, we'll be back to talking more about the huge issues that this country faces right now. >> exactly, and i think that's what the people are saying with the results that we're seeing that are bouncing back and forth in the various state primaries. >> all right. you have endorsed newt gingrich and it's always great to get you on the show, herman cain, have a great day. >> thanks. thanks, gretchen. the white house says it won't back down when it comes to the contraception mandate. could this lead to a political disaster in key states for the president? michelle malkin is here to weigh in top of the hour. and john edwards owes you money? and lots of it? why the former democratic presidential candidate is being asked to pony up millions now. i had enough of feeling embarrassed about my skin.

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>> good morning, everyone. it's thursday, february 9th. i'm gretchen carlson. thanks for sharing part of your day with us. the obama administration not backing over birth control even though a new poll shows it goes against the will of most americans. is it time to back down? michelle malkin will weigh in for us. >> has she ever backed down? welcome to life in the fast lane at this airport, this is. the tsa expanding some hassle free security screening techniques to let you fly by and keep your shoes on! >> ok. at what cost? we report, you decide. >> stand by. and are you ready to go gator hunting? >> go! >> whoo! the lochness monster. >> we're going to need a bigger

boat. the stars of swamp people back for a third season and joining us live in the studio. "fox & friends" hour two for a thursday starts right now, people. >> they finally found a lochness monster? >> i believe that's a prehistoric alligator. >> ok. >> dates back to 1972. >> 1972? >> no. >> i'm glad to see that gaffer's tape around him. >> right, we just gave it to him. we throw it in as a precaution. >> i want you to count your fingers and your thumbs right now because they're going to take that tape off in a little bit before y'all -- >> i have experienced at the villages wrestling an alligator. >> you wrestled a 300 pound and i wrestled a 3 inch one. >> like you, we're both 1-0. wish me luck now. i've been studying his moves. >> here he comes. watch out. >> he's vulnerable for the scratchy belly.

>> oh! >> ted, pan over. look -- we got one of those people who is handling by his tail. >> is it possible for you to let him go? >> brian! brian! >> can we let him go? he's taped, right? >> can we let him go? >> no, no. >> half-hour. >> let him go in the studio in a half-hour, all right, brian? >> are you sure, he's about to. >> remember what happened with that snake that day? i'm going to leave this and let that go. >> his mouth is taped. what could happen? >> what could happen? >> look at his feet. >> what? >> i'm not going to hug him. >> going to paw you to death. >> ok. fine. >> find out what happens when swamp people let that loose in the studio 28 minutes from right now. >> in the meantime, couple of headlines for you. we start with a fox news alert. one of america's most wanted enemies reportedly dead this morning. akorpgd to the pakistani government, an american drone has taken out al-qaida's leader in that country. his is big.

ahe is one of four suspected terrorists killed in that strike. he's believed to be responsible for several bombings in pakistan as well as training other terrorists before sending them off to fight in nearby afghanistan. it could have been the difference between life and death. it took police 22 minutes to get to josh powell's house where he murdered his two sons. now the dispatcher who handled the initial call is under investigation accused of wasting precious time. >> how long will it be? >> i don't know, ma'am, they have to respond to emergency, life threatening situations first. >> this could be life threatening. i'm afraid for their lives! >> we also know it took the dispatcher nearly eight minutes before he even notified the police after that call. and deputies say the cops then took another 14 minutes to arrive on the scene. all because the dispatcher allegedly said it was not a priority. that dispatcher still on the job until the investigation is complete. help may be on the way now for two million struggling home owners across the united states.

today, five of the biggest banks in the country are expected to admit responsibility for abusing the foreclosure process with a deal that could top $25 billion. it's going to reduce mortgages for one million home owners or allow them to refinance for those who lost their homes, they're eligible for a one time payment of just $2,000. the five banks are bank of america, j.p. morgan chase, wells fargo, citigroup and ally financial. mortgages owned by fannie mae and freddie mac are not covered under this deal. the backup singers behind some of the world's most famous entertainers finally getting the recognition that they deserve in the rock 'n' roll hall of fame. smokey robinson's miracles" and james brown famous plane and buddy holly's crickets among the backup groups being abducted

along with the rest of this year's class on april 14th. are your headlines. >> congratulations let's dial in in colorado springs. michelle malkin. good morning to you. >> good morning, steve. >> hey, the white house not backing down on this contraceptives mandate they say that catholic institutions like lopts and universities are going to have to provide birth control. it sounds like the president sided with some female advisors and went against joe biden who said mr. president, that would be viewed as a government intrusion on religious institutions. snow biden was right on this one! >> yeah, he was, unfortunately. there was president obama siding not only with the tramplers of religious rights but mostly, of course, with planned parenthood and the demagogues who have been pushing for this for the duration of his tenure. and as i've talked about before, this was not the opening salvo in this war on religious

freedom. and planned parenthood, the american civil liberties union had been gearing up on legal fronts and pressing the white house in the early days of the administration to target not only religious health care providers but schools and currently there are two court cases that are being fought by the nonprofit funds. so this is just a continuation of that war. now, they're saying they're not going to back down. on the other hand, you've got david axelrod who has been dispatched to sort of crack open the door and close it and make it look as though they're going to come up with some sort of phony compromise. but i've underscored that even though there's all this focus on the -- on this particular specific mandate right now, the ultimate solution is to repeal obamacare all together. because that is -- it's just an extension of that kind of paragraph. >> going to go for your idea about getting rid of it all together. rasmussen polls show 50% oppose this move and 39% favor it.

in this political season, how does it make political sense for the president to do this? >> it really doesn't. and i think the more and more democrats who become vocal about this, people like joe lieberman who tweeted about it last night, bob casey, the democratic pro life senator in pennsylvania. and liberal catholic bishops who bucked up obamacare in the first place and are now regretting it, utterly, it really is throwing a large part of some of his core constituency under the bus and i think this is what they're learning in terms of this in the electoral calculus, catholics across the board are not right wing conservatives and they're the ones who are becoming increasingly despondent about this. >> but it sort of follows a pattern, does it not, michelle, because if i'm thinking back to obamacare, if you looked at the polls back then, the majority of the american public disagreed with that back then and they still pushed that through. so maybe they're looking back on their own precedence and saying, you know, maybe it won't make

that big of a difference. you bring up a bigger point which i think is one of the most important ones in this discussion which is this is just a small piece of the pie of obamacare in general. i mean, a lot of companies feel like obamacare is being forced on them to provide things. otherwise, they have to pay a penalty that otherwise they wouldn't provide. do you see it that way? >> certainly. and i think if you look at the selective enforcement of that law, that's why so many of the targets and religious minorities who are now being -- having this imposed on them are objecting. if you happened to be deep pocketed and politically connected, you can get a waiver. but so far, there's been no waiver for all of the religious health care providers, schools, and others who are being forced to provide this insurance coverage. and i think it's very important to dissect the propaganda that the white house and particularly jay carney yesterday during the white house briefing or echoing, they're adopting the planned parenthood and feminist talking points but somehow, the issue is

about access for poor people. that's not what this is about! >> no. >> this is about forcing employers and health providers to subsidize things that they disagree with fundamentally and it is as john boehner said on the house floor yesterday ultimately an issue of unconstitutional violations of freedom of conscience, freedom of association and freedom of religion. >> before you go, we want you to weigh in on this. apparently, the tsa has got an idea on how to get people through the airports faster, they're going to lower the standards. explain what's going on there. >> yeah. this is clearly a p.r. stunt to try to repair a lot of the damage that's been done to the tsa's reputation and from the beginning, of course, they've had to battle the mockery -- the justified mockery of the public that tsa stands for, thousands standing around or taking scissors away. you know, that these people have so little commonsense and discretion in how they're exercising their security

measures. so what they're doing is announcing these hassle-free measures that they're going to take and i think that the mistake they made was broadcasting it to the rest of the world to all the jihadies around there which specific airports they're going to be using. >> but don't you think it's going to be a relief for people who travel frequently? it's kind of what a lot of people had criticized about the tsa which is hey, we don't fit the role of a terrorist and yet, we still have to go through all these, you know, things to get through security. don't you think it would be beneficial to some of those frequent travelers? >> well, we'll see. the problem is when they announce these kinds of measures like i said, i think it undermines security more than it helps it. and clearly, it's a response and a knee jerk response to criticism rather than a well thought out comprehensive plan. the problem is that a number of the airports that they're doing it at just happened to be a couple of the airports where the 9/11 hijackers abused and exploited a lot of our loopholes and i think that if you couple

this with the obama administration's open borders policies plus very unwise policies like the one that obama announced at disney world where they are now going to make visa screening more lax, i think it shows we have receded back to the mentality. >> something to think about. tsa stands for what? >> thousands standing around. >> sorry, i know there's a lot of great tsa folks around. >> that's a good one. >> michelle malkin joins us every thursday. today, from colorado springs. thank you very much. have a great weekend. >> you bet. take care. >> and who is michelle endorsing? rick santorum. rick santorum is on a roll. his campaign getting a much needed shot of adrenalin this week with his three state sweep. does that mean value voters matter more than independent voters this time around? andrea tantaros, juan williams will debate it next. >> look out, gators are taking over our studio. luckily, the stars of "swamp people" are here to save us. that's my gator on the left.

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earn points you can use for travel on any airline, with no blackout dates. >> let's talk politics. today marks the start of cpac in washington, d.c. a three day forum featuring the top conservative minds from across the country and it comes two days after rick santorum's stunning sweep in colorado, missouri, and minnesota. so do santorum's big victories mean republicans voters want a hardcore conservative to go up against president obama in the general election? that's what we're talking to these two about. we've got fox news political analyst juan williams and co-host of "the five" andrea tantaros. good morning to both of you. >> good morning. >> good morning.

>> let's start with you, andrea, does rick santorum's sweep prove that the people who voted wanted a conservative voice? somebody more conservative than mitt romney or who is that who wound up going to the polls a couple of days ago, people in the more conservative wing of the republican party? >> yeah, look, i think the conservatives have been unsettled on the candidate for a long time and they look at mitt romney and they're still suspicious that he's going to back their conservative beliefs. so the natural fit was a rick santorum. you know, i've just never bought this argument that mitt romney was the most electable candidate because if you look in 2010, voters poured out in droves to the polls and they voted against barack obama's very liberal agenda. so rick santorum is coming out now saying mitt romney is obama light. in order to beat obama in a general, you need somebody who will be able to draw the sharpest contrast with the president. that person is going to be a conservative. somehow this idea that a moderate is the best person to

win, i'm not buying it. so a rick santorum was a natural fit to surge. >> ok. juan, what about that? in the general, you know, if you're going to put up a conservative candidate, you'll want as many people to vote for him as possible but the majority of voters or a plurality of voters in the united states are in the middle. they're moderate. >> that's right. i mean, it's hard to get away from it and it's hard to get away from polls that are so clear, they're overwhelming that say that the best candidate for the republicans to put up is mitt romney because he appeals to those folks in the middle that you're talking about so i mean, you know, i understand that right now it's just time and time again, we see this, conservatives are saying they're not ready to crown mitt romney as the nominee. they don't like him. i think that's a problem inside the republican party. but if you're talking about electability, i don't see that there's any way that you can say that if that's your standard, that you want to beat obama, that you wouldn't be pointing towards mitt romney. when i look at gingrich and

santorum, i see conservative discontent but i don't see that you can make the electability argument. >> andrea, what about newt gingrich? he's been up, he's been down, he's been up, he's been down. now what? is he down and out or can he make a comeback? >> well, he can and he's going to be strong, i think, in the super tuesday -- some of the southern states. the question is how many votes does he siphon from rick santorum? the best thing for santorum is for gingrich to obviously get out of the race but, you know, my column today in "the new york daily news", i said this is a bit of a david and goliath situation with david being rick santorum, goliath being romney and the slingshot, perhaps, being newt gingrich. and we have a debate on february 22nd so gingrich might be able to help santorum with the zingers and santorum and gingrich, again, together, if they stay in this race, they're going to help romney so divided would be a much better thing. >> juan, you get the final word. >> you know, i think right now, conservatives really are discontented. they're searching. they're looking for a wedge

issue. i think the culture warrior thing, this made up argument over the catholic church and obama, look, even most catholics -- >> it's not made up. >> it's mentally made up. it's a wedge issue made up by not only the catholic hierarchy but made up by the media, i think, because look, the polls are so clear. most catholics agree with what the obama administration is doing. >> wow. >> there's a brand new poll out that shows a plurality of independents and republicans are against it. >> no. in fact, they have even a religious poll right now this morning indicates 52% of catholics support it. >> look at that. we weren't going to bring this up. >> it's definitely not made up. liberals are taking that tact. >> by the way, andrea will go down to cpac after "the five" and reporting live down there for us. >> they should let her speak. she's good! >> we'll see. juan and andrea, thank you very much. spirited debate. >> meanwhile, today's

kindergarteners learning reading, writing and weaponry? the homework work sheet that has parents outraged. are they overreacting? we're going to report and you are going to decide. and nascar legend daryl waltrip joins us live with a big surprise. he's bringing his coffee into studio e. just take a right. [ male announcer ] imagine facing the day with less chronic osteoarthritis pain. imagine living your life with less chronic low back pain. imagine you, with less pain.

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>> it's the moment that changed nascar forever. the final lap of the daytona

500, michael waltrip taking the checkered flag on that day. the crash that killed dale earnhardt sr. was the story, though. >> three cars out. right behind him! >> come on! >> to the flag. >> come on, mikey. you got it, man. you got it! you got it! you got it! michael waltrip wins. >> great. >> i guess he's all right, isn't he? >> what a day, that's darrell waltrip and the winner was michael waltrip, his younger brother. he called the race from the announcer's booth. his first race for fox as his brother michael won the race. that was a bittersweet moment because we would later found out that your close friend dale earnhardt jr. had passed away in an accident. joining us today is the author of the new book called "sundays will never be the same". nascar legend and outstanding broadcaster darrell waltrip. darrell, why write a book about

something that's so painful? >> first of all, that's not all that the book is about. it's certainly a big part of the book but i think for me and millions of fans, that's a day that we'll never forget. and i think it's a way of showing out of something bad, a lot of good has taken place. >> good, for example, safety. >> safety is so -- i mean, as soon as that happened, nascar, the whole crowd said we've got to do something. and they didn't just say we got to, you know, we got to fix the car which they did. they didn't just say we got to make the driver compartment safer which they did. they didn't say the tracks are ok. they put safer barriers around every race track. they now have the hans device. no one has been killed in a stock car since dale's death and that's an incredible statement for nascar to be able to make. >> i can see you get emotional today looking at it. i mean, you hear michael waltrip

who has been in contention but never won and he wins the daytona 500 while his brother is calling the first race. dale earnhardt sr. is in an accident and it doesn't look good. >> i was concerned, when i saw the wreck, i was concerned because you got to remember something, those cars when they turn like that car did and go back up the race track and hit the outside wall, that's a concrete wall. it's that sudden stop. i heard somebody say the other day in football, you can protect the skull with a helmet. but you can't protect the brain because the brain is inside floating around. and so that's kind of -- that was one of the things that nascar took a look at. comprehensively, what can we do to make the driver safe so they worked on the driver's compartment. make the car safe, they developed a new, safer car and then they put the safer barriers all around the race track. >> and that's in your book and all the details about how something good can come out of something so tragic. let's talk about something fun. daytona 500, brand new season of nascar. what do you expect? >> well, you know, last year

was probably the most competitive year we've had in the sport. >> tony stewart. >> yeah, in a tiebreaker, he and carl edwards end up tied in the points. which is how we determine our champion and the tiebreaker was who had the most wins. tony had five wins and carl had none. we had an exciting finish to the season. that's great momentum going forward. we had five first time winners last year. trevor bain won the daytona 500 driving a woods brothers car. trevor bain, who is he? all of a sudden he's an american idol. >> he joined us the next day. >> that night, he didn't even have clothes to come to -- he had a pair of jeans and a t-shirt. >> you have a -- is it possible to have a sense of how this is going to play out? is there somebody that we can keep an eye on that maybe only an expert like you could figure out. >> there are some combinations this year that could be very intriguing, compelling. a.j. almondinger gets in the car

that kurt busch got out of last year for penske. danika patrick is in the daytona a00 for pete's sake. if trevor bain can win the daytona 500, why can't danika patrick. >> she has already won. >> she hasn't won any of the races. she's very competitive and she's really good at daytona. we have some dark horses and some favorites. certainly, carl edwards will want some redemption. >> you love this! and darrell, after 29 years racing, i think as much as you were a great racer, you're an even better broadcaster. >> i love my job! i love my job! look, our group doesn't mail it in. we're all passionate. larry is a former crew chief. he was dale sr.'s crew chief when he won the daytona 500. jeff hammond worked with me for 25 years. mike joy is a veteran and interviewed me in victory lane at daytona when i won the 500. >> so many times you want to finish and mike says let's go to

break. >> oh, man! it's a long race. stretch it out, baby! >> darrell, you're yelling at me. >> you know why there's no seat in the car? no passenger's seat? you don't have any friends out there. >> that's true! >> i i didn't know that. >> go, go, go. >> all right. >> you want me to go? now you want me to go? hey, remember the union leader who told poor parents -->> don't have any idea. >> their kids couldn't get a better education. chris christie has something to say about that. >> how disgusted i am by that statement. that level of arrogance. that level of -- >> disgusted and he's not stopping there. more from the governor from new jersey ahead. and look out, the gators are taking over our studio and they got darrell waltrip on their mind. the stars of "swamp people" are here. we'll talk to them. [ male announcer ] we know you don't wait

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>> welcome back, everyone. all right, did you see governor chris christie of new jersey yesterday? you can always expect him to come out fired up about issues that he's very impassioned about and this was one of them. the day before this union boss had said that yeah, poor people who can't afford to go to private schools, life is just not fair. that guy right there, vincent

giordano. he makes more than $500,000 a year. maybe he can't relate to some of those families who are struggling. anyway, the governor came out and said this -- >> i cannot express how disgusted i am by that statement. that level of arrogance. that level of puffed up, rich man baloney is unacceptable in this state. he should resign. >> what got it going was that guy, the nea guy said, you know, life just isn't fair is in new jersey, they spent an average of $17,000 per kid just across the state to educate them and there are a lot of parents who have kids in the school districts that are failing. they're going, you know what? we want to take our kids out of the school district. we want to get a voucher so we can put them in a private school and so mr. giordano representing all the teachers in new jersey said nope. voucher, bad idea. and that prompted what now is -- so christie said that guy has got to resign and mr. giordano

says if he thinks, chris christie is going to bully me like he bullies everybody else, he doesn't understand who i am or the work that i do. >> this is a national issue, folks. this comes back personally to the white house quite frankly because the president sends his two children to private school. and yet does not agree with the voucher system for poor children in washington, d.c. to be able to go to the same types of schools. i think that this will become an issue as we move towards the election especially after that documentary last year "waiting for superman." if you haven't seen it, you should. >> property taxes, go to schools. if you live in an area that doesn't require a lot of taxes because maybe it's run down or whatever else it is, guess what? your school is going to get less money and therefore your school can't be as good and therefore the education can't be as good. something has to break that cycle. >> did you say break that cycle? >> yes. >> it looked like something might break mr. christie's head. it wasn't the nea guy.

watch the background at the town hall. action! >> wait for it. >> here it comes now. >> we don't have it. visualize in your mind. >> here it is. >> i had heard the curtain was going to fall down. it looks like the curtain got a big jolt of something. thank goodness nobody got hurt. >> right, yeah. it's tough to get hurt with a flag, though. >> especially the new jersey flag. it doesn't hurt that much. >> speaking of property taxes, brian, in new jersey we have some of the highest property taxes in the country. >> and you want them higher? >> no, i want them lower! >> are you the warren buffet of new jersey? do you think you're not paying enough? would you pay your fair share,

please? > >> a report by republicans on a house armed services subcommittee says almost 30% of the suspects who were released from gitmo reengaged in terrorist activities. this report comes as the obama administration is taking steps unless we stop them to release at least five gitmo prisoners to a third country. in order to advance peace talks with the taliban but the good news is we will track them. coming up at 8:00 eastern, we're going to have reaction from senator john mccain. he's been heavily involved in this entire debate. >> meanwhile, john edwards owes you and me, the taxpayers $2.1 million. election officials say he kept spending campaign money even after dropping out of the 2008 race for the white house. a new report shows more than $800,000 was spent on airline tickets, hotel rooms, cell phones and other expenses last

year, the campaign has not commented on those allegations thus far. >> some new york city parents are outraged their kindergarteners were sent home with work sheets that have pictures of guns and robbers on them. it's inappropriate for 5-year-olds to get a lesson in street violence. work sheets were not part of the regular curriculum and the teacher has apologized for sending that home to kids. >> this is a conversation piece come dinnertime. shut the tv off and let's talk about your homework. let's take aim at the satellite and radar. we have a little precipitation in the pacific northwest. a lot of those folks are still snoozing as well they should be. some rain and some snow in north texas and we've had some precipitation this morning throughout portions of new england and the northeast. and it's cold in new england. look at that. right now in caribou, 9. we got 18 in minneapolis. only 13 in the rapid city area. but look, folks, it's winter. it should be cold. 30's through dixie and later on today as you can see temperatures almost 50 here in

new york city. 60's and 70's along the gulf coast including new orleans where not far from there, brian and gretch, they have some gators. >> how do you know, steve? >> i didn't know gators did that. >> i think he's pissed that's why he hissed. all right. let's move forward. >> he wants to be in a swamp. go ahead, gretchen. >> you never turn your back to a gator. anyway, they -- >> i watch him while you read and we'll switch. >> they grew up in the bay yew, they hunt for gator. they're the stars of "the swamp people" on the history channel and back for their third season. >> joining us today is the father and son alligator hunting team. welcome to you guys and thanks for bringing some gators with us. we do feel like this industry is full of people that want to take us out. now i finally feel protected. >> now, is it safe to let this gator roam around even though it has tape completely closing off its mouth. >> yeah, yeah. >> they don't bite this time of the year. >> can't hurt anybody. >> they don't bite this time of the year. >> what time of year do they

bite? >> flying out quick. >> ok. >> seriously, they bite during a certain time of the year? >> no, that's not true. >> you got me on that one! you got me on that one! making sure to keep that tape on. >> you can pet the alligator. they're not hungry. >> that would be your parenting. >> that's true. ok. >> but i believe the swamp people. whose idea was this to put you in this successful series? what made you think this would be great television? >> they came down and had an idea, they wanted to come and visit our state and, you know, we got a lot of beautiful swamps and they wanted to share that didt dream it would be thisow, popular and that successful as it is. >> and your goal every day is to do what? go find alligators in the swamp for 30 days? we essentially televise an entire season. >> just controlling the population, you know, we're not going in one area and wiping them out. we're regulating the numbers and keeping them in check to where they're not moving into neighborhoods and , you know,

taking out people's pets or, you know, or attacking people. >> so this one, what would you say? it's about 5 feet now? >> 3 or 4. >> that's only a 3 foot one. >> is that an american alligator? >> yeah, that's a little baby. >> that's a baby? >> ok. do you actually go to catch those or are you only looking for the really big ones? >> no, we're looking for the big ones. >> when you go to capture them, do you just dive in and look to tackle or is there a method to them? you have that drop stick, correct? >> yeah, we hang it on and they're very -- people don't realize that, but they're very, very regulated. alligators in the late 60's and early 70's were on the endangered species. >> right. >> they were hunted to almost extinction and then after real close management, now we can harvest so many every year to keep the population in check. >> uh-huh. how do you get into this business. >> can you hold this, please? these guys are tired of working with gators. >> it's something that we just

grew up doing, you know, it's not -- it's not a business you get into. you're vested into it. >> i would like to get into it if you're interviewing. are you hiring? i would like to spend -- i would like to spend 30 days in the swamp. for example, can i pick him up? >> oh, please. >> brian! >> i would like to pick him up. pretend i'm in the swamp and i spot a gator, right? and then i realize -- >> sneak up from behind, right? >> sneak up from behind. you go like this and you tap him on the other shoulder and make him look that way and pick him up. >> whoa! >> let me try one more time. >> i told you he hissed. >> oh, my goodness. >> ok. >> pick him up. you're all right. pick him up. >> i got it. >> that's an episode. that's an episode. find out tomorrow who wins the wrestling match. you don't like this, do you? >> no. please come back. >> how secure is this tape? >> it's all right. >> ok. good. >> that's broken right there. >> it's broken right there? ok. >> alligator got the most powerful jaws on the planet.

they're stronger than crocodiles. they're not as big. >> stronger than this tape. >> we'll continue to watch "swamp people". thanks so much. >> on the history channel at 9:00 right? >> right. premieres tonight! >> premieres tonight. coming up on our show, do you trust the government? how about the president? john stossel explains who you should and shouldn't trust when we come back. if you put that on the couch with steve, he may not -- >> i'll not put him on steve but let him make his own decisions. there you go. you can make your own decision. >> ok. >> don't take my blackberry. nge, and it's your fault. instead of blaming me, try advil congestion relief. often the real problem is swelling, not mucus. advil congestion relief reduces swelling due to nasal inflammation. so i can breathe. advil congestion relief. do you enjoy winter even more when you know it's just about over? then you belong at bass pro shops' cabin fever sale for big savings. and check out the new nitro z-7 performance bass boat starting at just $24,995.

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>> all right. every day we put our trust in complete strangers. other drivers on the road. the media. the government, for example. but should we believe them when they say things like this about global warming? >> this roller coaster is headed for a crash! and we're in the front car. >> he was the vice president of the united states. does that mean we should trust

him? joining us right now with that answer is the host of "stossel". a man named stossel. good morning to you. >> good morning. >> no. we can't trust him on that. but look, it's a real problem. a lot of serious climateologists are worried that it's getting warmer and man is contributing. but we're going to crash and we're in the front car. >> the world has a fever. >> and that's always been the claim from the politicians. it's the new crisis global warming, y2k, the computers are going to crash. >> economies. >> give us more power and give us more money and we'll fix it. and we shouldn't trust them for that. >> and then those people who want that, they are aided by people in the mainstream media. i know you used to work at abc for decades. and they were part of the process. >> they are part of the big government process. bernie goldberg and i both worked for years and then he wrote this book about it. >> changed a lot. >> changed a lot. i remember being on an airplane

when i saw his op ed and he talked about bias. i screamed and i said yes, somebody is finally saying this. people were looking at me. we have a clip of him from tonight's show talking about the attitude. >> a whole bunch of people who think alike! it's group think. and as a result of group think, the news that your colleagues at abc said we're just telling the truth, they were telling the truth filtered through a liberal prism. and that's the problem with bias. not a conspiracy but too many like-minded people making the decisions on what the audience and the reader gets to read and see on tv. >> and because of that, they had this attitude that he for saying what he said and i for being a libertarian, we're beyond the pale. peter jennings wouldn't even arrange -- argue with me about the issues. he'd walk away. >> 80% of political

contributions in 2008 in the networks in producers and talent, 88% went to democratic causes. how can you possibly be fair and balanced or expect a fair and balanced newsroom? >> group think. it's exactly what bernie -- and they think that's the real world. they read "the new york times" and they're steeped in it like a tea bag. they think that's the world. >> listen, you made a jailbreak. you're over here now. >> you don't know how happy and good it is over here? >> it is good here! he will be talking about this and so much more tonight on "stossel." catch it tonight at 10:00 p.m. on fox business. >> the theme is who can you trust? stossel and just about nobody else. thanks, john. >> uh-huh. >> coming straight ahead, we're working a whole day without lights, did you notice that? still ahead, the public -- to the public she's a chart topping r&b artist but at home, toni braxton is simply mom. she heads to the curvy couch next. >> that's why we moved the alligator. >> that's true. >> first on this day in 1971,

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>> you know who she is, she's won six grammy awards and sold over 40 million albums worldwide. singer toni braxton has had to deal with plenty ups and downs being a mother of two as well. her toughest battle having her youngest son diesel diagnosed with autism. sorry, i'm listening to your great tune. the chart topping r&b artist speaking out and raising awareness for the millions dealing with the disorder. fantastic to meet you in person. >> thanks, likewise, thank you. >> many times, people see celebrities like you and they think she's got all this money and fame and a great voice but

yet, hey, you're a mom like so many other people and you're battling something like so many other people. >> yes, my youngest son diesel suffers from autism and he was diagnosed when he was 3. he's 8 now. so it's been a long road, long struggle. as a mom, i knew something was different about him when he was probably 9 months old. by the time he became a year and a half, he said he's not developing like his older brother. it was inconclusive and finally at 3, they said he's autistic. >> what did you do then? >> after i felt sorry for myself for a long time and i blamed myself. i thought it was something i'd done, i just -- friends came to me, and said ok, you're not a victim. our babies are great. they're fine. get him into these therapies and wonderful web sites is very beneficial for me to help. it's a widespread web site, just click on anything from women, home, care, babies, food, anything you can think of and very widespread so autism is something they're very involved in. i loved them at hello. >> you were involved with them and a campaign called she knows

where the other sock went. they're going to make this high fashion gown. >> yes. >> and you're going to auction this off to benefit autism speaks. >> absolutely. wonderful idea. i mean, ok, we all have washers and dryers in america. there's a sock monster in every dryer. we went to the sock monster and said let's do a deal. give us the socks back and do something for charity and make this wonderful dress and the designer mr. costello, that's what i call him, he came up with this wonderful idea to make dress out of socks. over 1,000 socks. >> and you're going to wear it and auction it off. >> yes. >> how is your son doing now? >> he's doing well. i'm very lucky because once we found out, i can tell you, early diagnosis makes a lifetime of difference. we have him in occupational therapy, speech therapy. he's being mainstreamed. he's in public school. general ed. he does have his special ed therapies but we are very, very lucky. a long road, though, lot of hard work and we have a long way to go. >> you're also showcasing your family in your reality show. >> yes. >> that continues to be successful, right? >> very lucky. very blessed. so good things, good year.

>> check out this web site, she knows. >> it's great. i got to tell you, my sister goes every day because she has to find out everything about her soup. she's a big soup girl. to diet to autism, wonderful web site. i could be here all day talking about it. >> continued success not only in your music career but with your children as well. great to meet you. >> you, too. >> take care. gitmo, guantanamo bay just a layover for terrorists now? a shocking new report we'll reveal for you and we'll talk to senator john mccain about it when he joins us at the top of the hour. >> and video every parent must see, watch this, toni, you're not going to believe this. that guy snatches that girl in a wal-mart. it happens that fast. use this as a warning. what did she do, that little 7-year-old girl is a hero this morning. so who ordered the cereal that can help lower olesterol

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>> gretchen: top of the morning. it's thursday, february 9, 2012. i'm gretchen carlson. the fight over religious freedom versus obamacare heating up. the white house says it's not going to back down when it comes to that contraception mandate. now republicans and some democrats teaming up to fight back. senator marco rubio and senator joe manchin, republican and democrat, join us. >> steve: meanwhile, once a terrorist, always terrorist, right? well a shocking new report on the men who got out of gitmo. our president freed them and they're back to their old terrorist games. senator john mccain here to weigh in in just about two minutes. >> brian: and it was just yesterday i was spilling secrets with my bff's, the two people i call my friends i can count on through thick and thin. they were telling me their secrets. now it seems an angel has fallen. why this model is hanging up her

bra. "fox & friends" starts right now >> gretchen: i was going to say, what bra? i wasn't focused on the bra. >> steve: why not hanging up her wings or why not her high heels? why are you focused once again on lingerie? >> brian: here is the thing, it's an editorial decision that i made and i'm going to go with it. maybe if there is a sequel to this story, another change of heart, then i will change the text. >> steve: i noticed, gretch, did you notice how brian is speaking slower because the slower you speak, the more of this so-called b role we watch of this photo shoot. >> brian: put it this way, suffice it to say that she's changed gears. >> steve: okay, good. >> brian: we have a very special guest in the wings, though. >> steve: we do.

>> gretchen: i like how you said wings. >> brian: yes! >> steve: completely unrelated to the super bowl model. >> brian: that's, that's true. different type of wings. >> gretchen: see if you can focus on the headlines as i bring them to you. we have to start. one of america's most wanted enemies dead. american drone has taken out al-qaeda's leader in that country,. one of four killed. believed to be responsible for several bombings in pakistan, as well as training other terrorists before sending them off to fight in nearby afghanistan. another fox news alert. president obama set to take a big step in reversing one of president george w. bush's signature achievements. later today, he will free as many as ten states from the strict education requirements inside the no child left behind act. those states include colorado, florida, georgia, indiana, kentucky, massachusetts,

minnesota, new jersey, oklahoma, and tennessee. bush's critics claim that law contains standards that were too tough on both students and teachers. 22 minutes, that's how long it took police to get to josh powell's home where he murder his two sons. now the dispatcher who handled the initial 911 call under investigation accused of wasting precious time. >> how long will it be? >> i don't know, ma'am. they have to respond to emergency, life-threatening situations first. >> this could be life-threatening. i'm afraid for their lives. >> gretchen: well, we now know it took the dispatcher nearly eight minutes before he notified police and deputies say the cops took 14 minutes to arrive on scene because the dispatcher had told them that it was not a priority. that dispatcher still on the job until the investigation is complete. a story every parent needs to see. come to your screen. you'll see something that's going to scare you. a 7-year-old girl fights off a kidnapper and surveillance cameras caught this whole thing.

watch this. you can see that man walking down the toy aisle at wal-mart in georgia before -- he grabs that girl in a split second. he tries o carry her away, but she is not going anywhere without a fight. listen to this. >> he grabbed me and i was screaming and he just dropped me and ran off. i was just like kicking like this, trying to kick as hard as i can. >> gretchen: wow. police eventually caught up with that man. 25-year-old thomas woods is a convicted killer who was out of jail on parole. normally you don't see those kind of things captured on videotape. and thanks to that little girl, her parents probably told her exactly when to do, which is scream and kick. >> brian: waiting in the wings, senator john mccain. welcome back. >> thanks, brian. i'm glad we're dispensed with the lingerie issue.

>> steve: we could ask you these questions or these questions. what's it going to be? >> brian: i think we have to go to the serious stuff. senator, i got to ask you first off, the guy you're supporting, mitt romney, takes three straight losses. what about his decision not to put any time in those states, could that be fatal? >> no, i don't think so. i think obviously those states, you have to make these judgments and respect of time and money. you have limits to both and you make decisions that sometimes are right and sometimes are wrong. hindsight is always 20/20. i'm confident we're on the right track. i'm confident that if by super tuesday we can get this thing done. but look, there is ups and downs and there will probably be additional ups and downs on this path we're on. >> gretchen: it's interesting because brad blakeman, a republican strategist who worked within the bush white house, he's gone on record as saying that he does think this was a fatal error by mitt romney

because these states are swing states and come the regular election in november, if romney is the nominee, voters in those states might remember that. what do you think about that? >> gretchen, i don't think that's the case. i think they're going to make their decision on who to vote for on a whole lot of other issues, for jobs and the economy, national security, things like this whole issue of religious freedom, much higher priority. but i'm not the role model for the romney campaign because i lost. but i did lose 19 states and yet, we were able to come together and i believe we will and we'll unite behind mitt romney and very frankly, i don't think that we are -- conservatives are going to support people like newt gingrich and rick santorum who are pork barrelers, earmarkers, the gateway drug to corruption and led to corruption and members of congress being in

jail. they were all part of that. mitt romney has never been and i fought against them every step of the way and i'm proud of the effort that some of us made to try to bring these earmarks to a halt. >> steve: senator, at this stage of the game, we are talking about the primary. this is just what happens. it's a food fight with different members of the party 'til they figure out who the guy or the gal is and then move on to throw food at the guy across the aisle. >> yeah. steve, i think when you look at the unfavorables of all of the four remaining, they continue to go up. it does look more like a food fight than real debates and i would hope that we could bring this to a close as soon as possible. but that's up to the voter, but i hope we could elevate the discourse in the remaining debates we have. i don't think we need many more, to tell you the truth. >> brian: we got one coming up. president obama against santorum, looks like santorum has a one-point advantage in the national poll, which i know has

got to small sample. obama over gingrich by 3. and obama over romney by 4. ron paul by a wide margin. does that surprise you? >> well, i'd have to look at -- there is all kinds of polls. i don't think there is any doubt that senator santorum was rejected by the voters of his state by 18 points, a swing state of pennsylvania. that's just a matter of historical fact. i think that mitt romney has the experience, the knowledge, the background and the record. but it is a tough business we're in and i expect more ups and downs on the path to the nomination, but i am confident it will not be a brokered convention which you're hearing now and i am confident we will join together once this process is over and mitt romney will be a much better candidate against the president. >> gretchen: i want to move on to another topic because i know this is something that you spent a lot of time looking into. now a republican report is going to come out criticizing the administration's transferring of

at least five of these detainees at guantanamo bay to the country of qatar. they say they're going to watch them, but haven't we seen this in the past where some of these detainees went to yemen and we lost track of them, or they actually recommitted terrorist acts? >> not only that, it's their badge of courage. they rise immediately to leadership positions because they have been in guantanamo bay. so it's especially dangerous. but look, the administration is obviously leaving afghanistan and they're leaving early and they're leaving against the counsel of their military. our military leaders, which the president appointed. so now they are desperate to try to get some kind of peace agreement. i wish them success. it's hard to succeed when you tell the enemy you're leaving to try to cut a deal with them. this release of five taliban in guantanamo bay is a -- according to them, a, quote, competence

building -- confidence building measure. the release of prisoners is after you reach an agreement. not before. this is a crazy idea, in my view. obviously -- by the way, their plan is to keep them in qatar. how do you do that? do you stop them from having rallies, pro-taliban rallies? i think it's bad idea and there is a lot of us, both republican and democrat that, are adamantly opposed. >> brian: unless you speak up, no one spoke up, khalid shaikh mohammed would still be tried in new york. there was the commanders that are going to go back in the field as heros and leaders. i think it's a travissty. 600 strong political pressure, forced bush administration and the obama administration to do stuff that was just ill advised. that's what this report concludes. correct? >> you're absolutely correct.

could i mention one other thing? it's time we helped out those fighting for freedom, assyrians, that includes all option, that includes working with other nations. it includes ways of getting weapons to them if that's one of the options we've got to consider. we need to get medical help, communications, equipment, and help these people who are being slaughtered and massacred and by the way, it is an interesting commentary on the reset policy towards russia that this administration has. >> brian: what if the results in muslim coming to power in egypt? >> would you rather have ba shush assad, who is responsible for hezbollah in lebanon and is a vowed enemy of the united states, and slaughtering his own people? i don't think you want that option? >> gretchen: it's interesting because it seems like there was a difference in philosophy with libya and what was going on there and now what's going on in syria.

>> in the case of libya, we had a base. benghazi for those fighting against gadhafi. it's much more difficult here because they have no base of operations, but there are plenty of ways that we can get help to them in a broad variety of ways. secretary of state has talked about a contact group we could work through them. but to sit by and watch them being slaughtered, my friends, is not what america is supposed to be all about. >> brian: thanks, russia and china. the world is united except for those two. thank you for joining us. >> thank you. >> gretchen: coming up, the nation's biggest banks agreeing on a settlement to bring relief to millions of homeowners. will it make a dent in the foreclosure crisis? real estate guru bob massi says no. he joins us next to explain. >> brian: and how many times have you seen this? a rhino on the loose. this is scary. this is no ordinary animal. we're going to explain what he is doing on the run. run for your lives, people, while you can. >> gretchen: i like his eye

shadow. >> brian: i love his boots [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. you

>> steve: after months of negotiations, help my be a on the way for struggling homeowners. five banks agreed to a $25 billion settlement intend to do provide relief to more than 2 million homeowners. but for many, it could be a little too little and too late, especially when you consider some who lost their houses will end up with just $2,000. what's that going to do for them? here to weigh in is fox news legal analyst, bob massi. good mornings. >> good morning. >> steve: tell us about the settlement. >> well, first of all, congratulations to the attorney generals that took this up and at least it's something to go after these lenders that did wrongful foreclosures and wrongful evictions. i thank god for that. but let's talk about the details, which we don't know all

of it as of yet. first of all, fannie and freddie is excluded from this, which amounts to 50% of the mortgages that are under water in this country. there are, steve, in this country, one out of five americans homes are under water, which amounts to $700 billion in negative equity. okay? >> steve: right. >> now, according to what we know, some of these homeowners who were foreclosed on are going to get up to $2,000, which is nothing, and in addition to that, the banks have up to three years to comply with all this and they say this is a complicated formula. so what does that tell you and i? it tells us that again, the formula will be laid out, but it's going to be a slow process. we're up to three years to comply. >> steve: you know what this tells me, bob? it tells me the administration realizes there are so many people under water right now, so many people are angry at the situation that they are in, and

this administration has promised so many ways to fix it and so far, just like the title of this segment, there have been shattered dreams. you're absolutely right. 2,000 bucks, what's that? one payment? >> there is, as i've said for the last year or more, steve, this is a human element, human factor that is just completely been missed by this whole mess in america and this administration. again, god bless the a.g.'s that have done this, at least something was done. here is the thing, how do you say to a homeowner who may have been wrongfully foreclosed on by robo signing, by the original note, all the different things we've talked about, how do you say to somebody who has been thrown out of their home that you're going to get up to $2,000? you know what's going to happen, steve? a lot of these homeowners, they're going to give up on this complicated process anyway 'cause they're going to say the hell with it, i'm not going to wait three years for this. i'm not going through another

infrastructure mess all over again. so although it's good, it still doesn't solve the problem. until we solve the foreclosure problems in this country, it's a band-aid. >> steve: well put. $2,000 is $2,000. but if the president is going to talk about fairness, he should start on this and it would help a lot of people. thank you for joining us in vegas. >> you know what? i could do two hours. >> steve: you could. if you got questions for bob, e-mail us here and we'll pass them along. all right. very good. thank you, bob. all right. straight ahead, the white house's controversial mandate on contraception now facing opposition on both sides of the aisle. senators marco rubio of florida and joe manchin of west virginia are joining forces and they'll join us next to tell us what they're doing in congress. clearly she's still got the look why is this victoria secret

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>> brian: quick headlines now. female soldiers now one step closer to fighting on the front lines. today the pentagon is set to announce new combat roles for women. they're getting increased support roles at the battalion level. but they still won't be able to serve in the infantry, armored and special ops forces. and same card, different message. gm is about to launch a volt. sales dismal in january. the new campaign will remind customers that the volt was named car of the year and is completely safe.

despite government test results that say otherwise. gretch? >> gretchen: thank you, brian. the battle over birth control ratcheting up a notch on capitol hill now. the obama administration refusing to back down from its controversial new health care rule which forces all employers to provide birth control to their workers regardless of their religious beliefs. democratic senator barbara boxer suggests women's rights should trump religious freedom. listen to this. >> it's medicine and women deserve their medicine and now the republican leaders of congress at the highest levels want to take away their health care. women in this country are tired of being treated like a political football by republicans in congress who have tried continually and are continuing to try to take away their benefits, to take away their rights. >> gretchen: now two senators from opposite sides of the aisle

are joining forces to prevent the mandate. joining me now from dc, florida senator more co- rubio, republican, and joe manchin, democrat. wow, fantastic! i'm seeing a republican and democrat standing next to each other in the samshoo good morning to both of you. >> good morning. >> gretchen: it's a new revelation in the world we've been living in in the last couple of years. let me start with you, senator manchin. why go on board with senator rubio and introduce this bill to try and get rid of this mandate? >> first of all, it shouldn't be political and next of all, i tried everything possible. i sent -- i was on the conference call december 3 talking to the white house, strongly opposing the direction i thought they were going and asked them to consider it before they did it. they went ahead and invoked the rule and february 3, i wrote a letter to the president asking him to repeal it. i thought it was wrong and encroachment on religious freedom and constitution and that's really what it should be. marco and i -- there are more of thaws are working together on common issues and what we think

moves this country forward than just plain politics. this is political. >> gretchen: senator rubio, is this a religious liberty issue or is it as senator boxer described it, a medical issue for women? >> well, it's a constitutional issue. this is a straightforward concept. it's not about medicine. it's about constitutional rights. here is the question, should the federal government have the power to go in and tell a religion that it has to pay for something that the religion teaches is wrong? it's a very simple question. and i think the answer to that is no. and i think that's what the constitution says. so this should never have happened. the president should have followed the advice of vice president biden and his outgoing chief of staff who told him not to do this and he went forward with it and now i saw the clip you played, it's not republican leadership that's outraged by this. it's the catholic conference of bishops outraged by this. some of whom supported obamacare when it first passed. >> gretchen: senator manchin, i heard your phone ringing, was that the white house?

>> i think it was the bishop. >> gretchen: let me get back to this with you, senator manchin, because you did approve obamacare and i remember, i think you struggled with that decision. >> i wasn't -- >> gretchen: you were in favor of it. do you wish you hadn't been in favor of it because of this? >> there is some things in the health care we have now a health care act that this weather you look at the doughnut hole and taking care of our seniors and children, there are good things that democrats and republicans can agree on. i'm hoping we can keep some of the good things and get rid of the bad. there are things that need to be done and tape care of. that's where i have been. i would have worked differently than they worked with the piece of legislation we have. let me say this, gretchen, when i was governor of the state of west virginia, we signed a piece of legislation. we're one of the 28 states who say you will have basically offering a this contraception, except if you have religious

convictions, then you get an exemption. that's all we've asked for. a common sense approach is what we're asking this administration to take this. >> gretchen: they are giving catholic churches that exemption, but not larger catholic entities like hospitals and charities and colleges, et cetera. i want to move on to this next poll. senator rubio, i'm interested in your thoughts, both of you. your approval ratings are going down, i hate to tell you. congressional approval hits an all-time low. 10% of the american public approve of the job you're doing. 86% disapprove. now we have a fire alarm in the studio. i think everyone is upset with the results of these polls. will that go up now since they see a republican and a democrat standing in connection with to each other? >> first of all, it's an interesting poll 'cause i never met anyone who approved of the job congress is doing. i understand why they're frustrated. let me give you a perfect example because i believe strongly in my principles. i ran on, et cetera. but i found common ground on the agree act with senator cones. it has a host of ideas that

republicans and democrats agree on. i can't get a hearing on the bill. we can't get a vote on that thing of the there are other things like at that out there. i saw jerry moran and senator warner came up with their own idea for small business. there are some issues we'll disagree about around here and we'll have an election about those in november. but let's at least work on the things we agree on. >> the thing that you're seeing people being totally frustrated and watching what's going on, it's all about politics. it's not about policy. it's all about the next election, not about the next generation. i'm working with dan coats, republican from indiana on the compliance act. we're working. >> gretchen: i see the approval ratings going right up. thanks so much for your time this morning. hats off to you on working together part. i like it. >> thank you. >> gretchen: wait until you see what this camera caught. fire tears through a building with a mother and her daughter trapped inside. the new weekly jobless numbers are due out any minute. eric bolling is standing by to bring them to you right after the break. he's got his white board and

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>> steve: got a fox news alert. the labor department just released brand-new weekly jobless numbers. 358,000 first-time unemployment claims were filed last week. that is down from 367 last week. economists were estimating

370,000 claims, so that is lower than expected. joining us for instant analysis is eric bolling. >> how are you doing? good number. headed towards the 350, we like to see it under 350 again. we need to point out those are the first-time claims, meaning people walked into the unemployment office for the first time, asked for help, continuing claims numbers which are the amount of people on assistance, around 3 1/2 million people. so everyone wants to know why 350, first time. some people get job, some lose jobs. it's been elevated. it's been near 400,000 for the better part of two years, pushing toward 350. >> brian: do you know why this is happening? the gdp isn't getting that much bigger. >> things are starting to turn around, brian. after spending three years in a recession, average recessions over the history of america are 18 to 24 months. we're 36 months, the bureau that makes decisions on these things will tell you we came out of recession last year. but we really didn't.

we have 14 million people out of work, home prices are going down, gasoline prices are going up. whether or not it's a technical recession or not, we're still recessed. now they're starting to look at the economy saying things are better. >> gretchen: the suspense is killing me. what's on the board? >> you were able to see that? so the heritage foundation yesterday released for the first time ever, the makers verse sauce the takers. the takers are making more than the makers. in other words, average assistance americans on assistance, $32,748 per person on assistance. 67 million people on assistance. 2 1/2 trillion dollars. here is the problem -- >> steve: hold on. 67 million americans are getting an average of $32,000? >> 67 million americans are getting $32,700. >> gretchen: a year? >> yeah. the problem is, the makers, the people paying taxes, the 50.5% of us who are paying for the whole 100% of the country are only taking home disposable

income, average of 32,440. >> gretchen: what does that say to you? >> here is what happens. the 49.5% of memories pay no federal -- americans pay no federal act. they pay other tax, but no federal income tax. when that number hits 50% or goes over 50%, these people vote. it doesn't eliminate their ability to vote. they will continue to vote in policies, policy makers who make sure that they're protecting the money. >> what percentage are reluctantly in that category? >> i don't know. does it matter? this number keeps getting bigger and bigger. the average -- not only the number of americans is higher than ever, the am of money that each -- amount of money that each american is getting. >> steve: you know what this says to me? i could stay at home and make about the same amount of money. >> that's the problem. >> gretchen: i hear these stories all the time, people say, i didn't take that job 'cause i can make more money on unemployment. >> there are states, especially states in the tri-state area

where you can make four, $500 a week on assistance. you can stay home with your kid. you don't have to pay child care. >> brian: bartend at night. >> gretchen: it almost seems like this is becoming the new norm. >> the big problem there is that it's weighted so much towards -- once you get that 51, 52%, then you're going to have policies in place that you'll never be able to vote those people out. >> steve: we're talking fairness. >> brian: we always follow the money. today we're going to follow "the five." >> please do. >> gretchen: i like the swedish tie, by the way. you are half swedish. i recognize the colors. let's do other headlines. >> brian: i guess. i'm going to think about your last comment. new jersey governor chris christie calling for the director of the state teachers union to quit or be fired. upboss vincent giordano will make thousands -- hundreds of thousands of dollars a year says

this when asked why low income families should not be allowed to use vouchers to send their kids to private schools. >> life is not always fair and i'm sorry about that. >> cannot express how disgusted i am by that statement. that level of arrogance, that level of puffed up, rich man bologna is unacceptable in this state. he should resign. >> brian: also at the meeting, a back up of curtains and flags almost fell on the crowd. oh we try to keep these things interesting. [ laughter ] all these people back here, they get here early and think they get the best seat. >> brian: the back drop didn't fall all the way down and nobody was hurt by the falling new jersey flag. >> gretchen: amazing video from inside a burning building with children trapped inside.

firefighters helmet camera captured the scene as a mother hands her daughter down from that burning building and the balcony. firefighters saved two other kids inside. one of the firefighters describing the frightening scene. >> she was frightened. she had her hands over her face. she was crying and i just grabbed her and just bee lined out the front door. >> gretchen: everyone expected to be okay is the good news. investigators believe a mattress place toad close to a space heater started that fire. >> steve: meanwhile, she's leaving her angel wings behind. victoria secret model kylie bassutti decided to take her patooty out of the lingerie business. >> brian: that's not what the teleprompter says. >> steve: anyway, because it clashes with her christian beliefs. she says while she got to

fulfill her biggest dream, she wants to be respectful to her husband and god. she will continue to model, for companies that respect her decision. >> brian: this is a scary video. you might want to hide the children. it may look like a rhino, but it's not. it's a paper machet rhino. we never miss a drill taping. the rhino attacked zoo keepers during the drill, but don't worry, it's a fake one. during the drill, staff and police try to deal with the mock threat and pretend it's real and they rescue their co-workers. it's terrifying, but necessary. >> gretchen: for the first time ever i'm on your side with showing animal video. 'cause you don't usually like it when we show all those cute panda bears. i agree with you totally. this is stupid! >> brian: it looks like a bad good glial la movie -- godzilla

movie. >> steve: karl rove will tell us shortly a plan will spell doom for his campaign. the architect explains coming up. >> gretchen: we'll reveal this nascar -- we revealed this nascar earlier on the show. find out how it could influence the 2012 presidential election? really [ male announcer ] drinking a smoothie with no vegetable nutrition?

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>> let's talk about nascar and a brand-new car on the track. the american majority. ned ryan joined us two hours ago and we let him go inside. thanks a lot. you're president and founder of the american majority. >> that's right.

>> brian: you are on the hood of that car. why? >> we're on it because we believe that the nascar nation, 75 million fans, huge fan base, very involved in the process. we want to encourage even more. we want to engage them even more. they're concerned about more spending, too much government. the first thing they can do to be pro-active is get registered to vote, pledge to vote to keep america free. we're really excited. it will be very grassroots. we'll be at a lot of the venues. the car will be on the track all season. we'll be on vendors row and camp ground engaging with people, getting them to pledge to vote. >> brian: i found out that this guy shelled out 7 figures for your car. you are the driver, baby, you better win! >> yeah. no pressure or anything. i'm very fortunate to be part of the whole program with american majority racing, ned ryan, randy mcdonald. i can't think them enough for the opportunity. it's a great cause we're supporting with the election. pledge to vote.com. it's what we're pushing and it's going to be a great year for us. >> brian: you're under the same belief. with jason bowls as the driver

and on the hood, you have a few advantages. >> yes, sir. this will be jason's rookie campaign this year. we're excited for him to be able to get out there and get started here in about three weeks now. >> brian: was there any -- getting involved in politics d that bother you? >> no, everybody needs to vote. >> brian: ned, how do you want them to vote? this is an organization to vote any way? n no, we want people to vote for less government, less spending, more freedom. so when people go to the polls to vote after they pledge to vote, vote for those leaders that they think will represent those views. >> brian: i want to you do this, jason, with your coaching, can i get in this car? >> yeah. >> brian: then before i toss back to you -- i got to do this quick, right? so ," the door doesn't open. >> put your right leg in first, now your left. >> brian: okay. >> hold on right there. slide them both down next to the steering column. just slide right down into the

seat. >> brian: feet first. >> find whatever you can hold on to. now you're in. sit all the way back. >> brian: it really grabs you. how do you get in this thing? the steering wheel. >> now you're ready. >> brian: hey guys, i like this better than my tahoe. i might change. i'll be lonely with no more seats, but that's about it. we're going to come outside and a special treat. we're going to watch a tire being changed. how long will it take? >> less than ten seconds. >> brian: 7 seconds. all right. american majority, part of nascar family, jason bowls, best of luck. randy, good luck. we'll be back out in a few minutes after karl rove says something really smart. back inside. >> steve: we'll go get a can opener to get you out of there. >> brian: oh, my god? how do i get out? >> gretchen: we'll check back

with you, brian, in just a minute. first this, after santorum sweeped, newt has a plan to make a comeback. will it work? up next, we'll ask former senior advisor to president george w. bush. karl rove will join us. >> steve: let's check in with bill hemmer for a preview of what happens this 12 minute. >> lots coming up here. more on the jobs number that you just reported. and conservatives gather in washington. we'll talk to michelle bachman about what they want to hear from their candidates. also friendly fire, the president is taking heat from democrats over this contraception ruling now. no budget, no problem, says the white house. we'll ask george pataki about the dangers of not having a plan. is the air force taking god out of the military? a republican congressman wants answers. martha and i will see you in 11 minutes here on america's newser room with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed. mmm.

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>> steve: republican rick santorum surging ahead after his three-state sweep a couple of nights ago. newt gingrich says it doesn't matter. newt is focusing on the south as a path to the nomination. >> gretchen: super tuesday on march 6. but our next guest says his plan is doomed. fox news contributor karl rove is the former chief political advisor to president george w. bush and fox news contributor. why is it doomed? because he seems to have a lot of support in the south. >> yeah. let's make this clear, you used the word doom. i just don't think it's going to work. first of all, santorum and paul are not going to get out of the way. so he's going to be still competing with them. he's sort of said my junior partner, rick santorum should get out. they're still going continue there. then he has a geographical problem. there are 25 contests between now and texas, which he says is going to sort of rescue him. he says i'm going to be sort of very competitive by the time we get to texas and texas is going

to give me a big slug of delegates on april 4. the problem is, of the 25 contest, 18 are outside the south. with 579 delegates. only 7 are in the south with 371 delegates. and in one of those states, virginia, neither santorum nor gingrich are on the ballot. romney will win virtually all, if not all of the 49 delegates in that state. he'll win all 33 of the congressional district delegates and maybe ron paul will get a couple of statewide delegates. but that means in the south, there is only 53 -- 322 delegates that newt can compete for on his home turf and there are over 624 delegates in states that are outside the south or in the south where he's not on the ballot. the second problem he's got is the south is proportional and the not south tends to have contests like arizona, winner take all, and what are called hybrid proportional, where they award some of the delegates on the basis of statewide vote and some on the basis of winner take

all. they tend to be winner take all at the statewide level and then award some delegates proportionately. texas may not vote on april 4. in all likelihood, the texas primary, because of redistricting squabbles and battles, is going to have its primary much later. so there is no lone star posse riding to the end of the story for newt. he's got it have a different strategy and he's got to try to break out in places outside the south. namely midwest and maybe ohio on march 6. >> steve: right. karl rights about this -- writes about this. looking in the rearview mirror, romney didn't put much dough into the three states that did the voting a couple of days ago. was this a big mistake? >> here is the deal, every strategy has a plus and it has a down side. it might have made sense to say okay. look, we got limited resources. these are three contests where there are literally no delegates at stake. missouri was a beauty contest. minnesota, look, romney won it four years ago. but by the time of the

convention, nearly a quarter of his delegates voted for somebody else. colorado, which had pledged its delegates on the basis of these caucuses four years ago, said they're going to be unpledged. here is where the contest is today. republican national committee keeps track of this. there are 29 delegates pledged to gingrich. there are 8 delegates pledge to do paul. there are 73 delegates pledge to do romney. there are three pledged to santorum. there are 158 unpledged delegates, including i think about 100 members -- over 100 members of the republican national committee who automatically have a delegate slot. so there were no delegates at stake. but it was a smart strategy on santorum's part. >> gretchen: i just wanted to cut you off 'cause we don't have a lot of time. i think romney did spend money in those states, first of all. >> in colorado. >> gretchen: he did. in colorado. if it's just a beauty contest in missouri, isn't it about perception, though? >> it is. it is. and look, here is the thing,

remember, santorum said, i'm not competing in florida. i'm not competing in nevada. he came in a distant third in florida and dead last with 10% of the vote in nevada. that allowed him to do 22 stops in minnesota, colorado, and missouri at the same time that romney did three and newt did two. that's the advantage. i would say there is a problem in colorado because you're right, romney spent a little bit of money in colorado and therein lies the problem. he lost conservative counties like mesa and el paso that he won four years ago and this time they went for santorum. >> steve: joining us from austin, the great karl rove, thank you very much, sir. >> thank you. >> gretchen: we'll be right back ugh, my sinus congestion, and it's your fault.

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