religion. he's refusing to sing along as a school choir praises allah. all right, "fox & friends" starts right now. >> heard that one. hi, everybody. >> you need some adjustment? >> need some adjustment. >> look away for a second. >> hold on for a second. i'll do the headlines while you're -- there you go. there we go. ok, good. sorry. >> turned up her volume. turned up the volume in her hair. not going to touch that. >> good morning, eric. good morning, juliet. >> good morning, steve. sorry for the behind-the-scenes stuff. let's get to the headlines. this is a serious news show. the chaotic scene unfolding at a federal building in long beach, california. police say the ice officer shot

his boss several times after an argument. that supervisor survived and right now he's in stable condition and that's when a third officer took action shooting the gunman dead. details are still coming in on this story. as soon as we have an update, we'll bring it to you, of course. the investigation into a botched terror plot in thailand now widening its search for two more iranian suspects. three men have been detained in the plot to kill israeli diplomats. thai police say one of them was a bomb expert who trained others in how to make explosives. thailand's top cop confirmed for the first time it believes all suspects came from iran. the plot uncovered after the man accidentally set off explosives inside a house in bangkok. israel also has accused iran of two additional attacks in india and georgia earlier this week. iran, of course, denying any involvement. construction on a keystone pipeline could get under way sooner than expected. the house passing an energy bill that takes control of permits for the pipeline away from

president obama. he's put the project on hold. the pipeline would immediately create more than 20,000 jobs but it's not exactly clear if the democratic-controlled senate would like the measure because of pressure from environmental activists. g.m. struggling to sell its chevy volts and the company forcing its workers to drive them. all g.m. employees who get company cars are -- they really have no choice. they'll get a $40,000 electric car, why are you -- >> no. g.m. or g.e.? >> g.m. >> g.e. thank you. >> all right. >> along with charging stations. g.e. workers who opt out of a volt and use their own cars will not be reimbursed for travel expenses and those are your headlines. >> that was a big thing. >> nobody it was a big thing. >> g.e. is general electric and the ceo of g.e. who also sits on obama's jobs council so there was this question, g.e. was going to purchase a whole bunch

of the chevy volts whether or not they liked them or not. >> and i think g.e. has some connection to the battery. i think they might be involved in some sort -- in part of the process. >> also some of the charging stations to set up around the various cities. >> guess what? happy anniversary, stimulus! that's right, it was three years ago today, the president signed that thing and remember, he said that if they signed that, that the unemployment would never go above 8%. of course, we're now in the third year of it above it. and so many people have said, you know, mr. president, it created so few jobs and we spent so much money and he goes don't you worry, it's going to get us back on track. well, has it? and how much did those jobs cost? today, three years later, we have a pretty good idea. >> the jobs -- well, listen, we have to qualify this with if you listen to the administration's numbers which i'm not necessarily buying into these numbers but let's just say you go along with what they're saying. >> these are from an independent

source. >> right, they're confirming -- we heard it at the state of the union and mr. obama said we've created those jobs over the last 23 months. let's say the 23 months and he's been president for 36 months or 37 months but independently, 2 1/2 million jobs created. $744 billion was spent, according to recovery.gov and that comes to almost $297,000 per job. almost $300,000 per job. >> some jobs cost over a million. >> some jobs cost over a million. how do you come up with the numbers? if you hire someone for six months, they finish that job and then you hire -- no, you rehire the same person or another person to do the same job. you have two jobs created, is that one job created? >> it's all very confusing. >> how long do they last? >> here's the thing that confuses me. all this money is being given out to certain places. the stimulus money. but yet, some of these projects haven't even been started yet. for example, bayonne, new jersey

near my hood in hoboken, there was a firehouse that was to be built. they got nearly $4 million for this firehouse, they still haven't built it. apparently the firehouse is supposed to be built on a landfill. they're trying to figure out if it was safe. >> they gave them $4 million. it was shovel ready but because we're a regulation nation, they haven't been able to go forward. they are dispatching trucks from a tent. >> no, you said it exactly. it's outrageous! a tent, people! a tent! >> the whole idea -- how many people did we hear say you got to spend more, mr. president. they put a whole bunch of dough at it and then three years later, they haven't spent all the morning. we talked last week about how los angeles spent half a million. i think $500,000 to upgrade two engines for a yacht that gives people v.i.p. tours in l.a. harbor. >> huh? >> no jobs created. >> $10 million for a remake of

"sesame street" to pakistan. >> they need that. >> i mean, i've got no problem with the muppets, believe me. >> how many jobs did that create? >> can we just do this? look, february of 2009, this will be -- that's when stimulus was signed. you take the number of private sector jobs that month and then you look at last month, last reportable month according to the bureau of labor statistics, there are still fewer jobs in america so we spent $744 billion and we still haven't gotten back to where we were when this whole stimulus plan was supposed to start, was supposed to help us and we've done nothing but go up on unemployment rate. it's starting to come down but we're still above that day we're still above it. >> the good news is the president has a new budget. he's got it out there and the republicans say look, this is not a budget. a budget, budget stuff. you, mr. president, have, you know, you're shirking your duties to actually put us on a

financial road. yesterday, paul ryan, the congressman who knows a lot about money from wisconsin and tim geithner who is our secretary of treasury who can't figure out how to do his taxes, they went back and forth. you got to listen to this. it puts it all into perspective, the disconnect between congress and the white house. listen. >> do you think this budget averts the deterioration of our fiscal problem? >> no, wait, we're not claiming that it solves all the problems facing the country but it meets the critical essential test -- >> which is? >> of restoring our deficits to a more sustainable position for the next 10 years. >> i don't see the rhetoric matching the results. and i'm looking -- out of your budget, page 58 in analytical perspectives, you say that this is your budget, it says that the government's position gradually deteriorates, that our fiscal condition detear --

deteriorates, these are your numbers. >> if you look at 2012 for the next 10 years, it stablizes that debt burden as a share of the economy and then what happens is -- and this is exactly what i said. >> we're allowed to take off after that. >> you're right. as millions of americans more retire, then those costs of medicare and medicaid start to increase again. we're saying openly and directly to you, that we're going to have some work to do. >> we have a $99.4 trillion unfunded liability. our government is making promises to americans that it has no way of accounting for them. and so you're saying, yeah, we're stablizing it but we're not fixing in the long run. that means we're going to keep lying to people. we're going to keep all these empty promises going. what we're saying is in order to avert a debt crisis. i mean, you're the treasury secretary. if we can't make good in our bonds in the future, who is going to invest in our country? >> you were shaking your head during that. >> yeah, paul ryan is exactly

right. the chart that he showed showed the amount of national debt that we're going to tack on and it will continue to go higher. don't forget, this is under the best possible scenarios. this is under, i think they're going with a 4% growth rate annually. we're lucky to get 2 1/2% growth going forward. if you don't get there, the chart doesn't go a little bit up like that, it goes almost in a straight line like that. and their estimates $26 trillion 10 years down the road. >> the chart goes up like a roman candle. tim geithner says yeah, we have some work to do. the problem that paul ryan has is this administration is not dealing with what the republicans have suggested and that is let's figure a way to fix social security so it works forever and medicare and medicaid and instead, the president has punted and that's why he was referred to as the punter-in-chief last week by paul ryan. >> let's move on to a different topic very quickly because governor chris christie of new

jersey is coming under fire. he has decided because whitney houston is from new jersey, newark, new jersey, he's decided to lower the flags. in her honor. and a lot of folks are not too happy about that. there is a funeral, of course, tomorrow and we will obviously be covering that here on fox newschannel, but there are a lot of people including the mother of fallen marine who is offended by governor christie's decision to lower the flag. i can kind of understand that. >> the mother's name, phyllis mcgee, her son was killed by a homicide bomber in afghanistan i believe in the last month or so. he was 25 years old. in arizona, his home state, they lowered the flag and she says since they're going to lower the flag for whitney houston, because that's what they do for heroes, she says i was hurt and offended, disappointed and saddened and i felt like the honor that was given to my son was tarnished. my son gave his life, my son

gave his life, she said. it's just not right to lower the flag for whitney houston. >> what do you guys think? >> or lower the flag when you have someone who has passed that -- giving his or her life in military service comes back and it's want a bad thing to lower the flag for them as well. >> chris christie said he was lowering it not for her being a role model but because she was a daughter of new jersey. rush limbaugh said yesterday on the program, on his radio program, he said, you know, we don't know what killed her for sure. there's some suggestion it could be drug related and interaction with organ failure or something like that, but if you took the drugs out, would you still feel that way? >> look -- >> he suggests that maybe people feel like, you know, this is an honor we save for statesmen and also for heroes. not for entertainers. but when you look in new jersey, they lowered the flag for clarence clemens of the e. street band and lowered it for frank sinatra. why not for whitney houston?

>> there are a lot of people who feel a connection to music and music gets them through bad times. it happened to be -- you know, when i was growing up, and moving every year, music was something that i relied on. you know, so it's -- you know, it's an important thing and she's an iconic person, too. a lot of this country. >> bill o'reilly says go ahead, lower it, mr. christie, if that's what you want to do. >> despite that rant he went on. i'm still shivering from that. >> everything he said on that. that was pretty impressive. >> sure. what do you think? do you think it's appropriate to lower the flag to half staff for somebody who is simply an entertainer with this kind of sketchy past? although she did do so much good -- after she sang the star spangled banner, so many people felt such patriotism in this country. do you think it's a bad thing? >> that's a great point. that was a phenomenal rendition. >> she rallied the country and made millions of dollars that she donated to families -- >> right after the -- we sent

troops in harm's way. >> e-mail us, friends at foxnews.com. we'll try to share some of your stuff, your comments, your questions, your what not later on in the program. >> what's a what not? >> i don't know. it's what not. i know not about the what not. >> clearly. ok. all righty, coming up is the gap between america's rich and poor a good thing? rick santorum says yes. >> there is an inequality in america. there always has been and hopefully, and i do say that, there always will be. >> there he is walk down the hall. hurry, hurry. stuart varney is coming in and says his comment is a huge gamble but it may pay off. >> heart attack at the heart attack grill. a customer rushed to the hospital. now some say it should be shut down? lot more to this story coming up. [ male announcer ] juice drink too watery? ♪

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>> welcome back. 16 minutes after the hour. the president wants a more fair america but g.o.p. candidate rick santorum says income inequality is what makes this country work. listen. >> there is income inequality in america. there always has been and hopefully and i do say that, there always will be. why? because people rise to different levels of success based on what they contribute to society and to the marketplace. and that's as it should be. and we shouldn't have a society that has a president who envies or creates class warfare or envy between one group of people and another. >> well, we certainly have heard a lot about that lately. stuart varney joins us live. well, he has just staked out quite a position. polar opposite to the president. >> i think so, yes. it's a direct opposite to what the president is proposing. president obama says tax the rich. regulate their income. establish a level playing field. that's what's fair.

>> right. >> rick santorum is saying, i think the exact opposite. he's saying income inequality has always been in america and hopefully it will always be. he likes it. he thinks it's a good thing because if you got this pyramid of income, people strive to be at the top. brings out the best in you and the effort is rewarded. >> it would be nice if everybody was rich but it ain't going to happen. >> i'm not sure he's going that far but he's saying he likes that striving mentality that's always been a part of america and effort is rewarded and when you make it, and you make money, you create wealth for other people. that's what he's saying. it's a huge political gamble because that's running against the times that we live in, isn't it? >> sure, but they start at the same place. both the president and mr. santorum and that is, they both say there are rich people and there are poor people and what the president is saying is i want to make things fair for -- for the poor people whereas rick santorum is saying, you know what? when you got rich people, the

poor people say i want to be more like them and i'm going to work harder. >> yeah, i think you're right. i think they're starting from the same position with a different approach to that same position. by the way, rick santorum made those comments in detroit, michigan. and he went on to say -- >> where you can buy a house for $10 in some cases. >> lots of different car companies. >> yes. >> the home of the car industry. what did he say? i oppose any and all government bailouts so it went right to the heart of car country and said i oppose that bailout. >> were there crickets? >> i don't know. >> he and mitt romney are on the same page. >> i guess so. but clearly on a different page from president obama. again, staking out the exact opposite position and that's what he did. >> listen exactly 3 hours and 34 seconds from right now. stuart varney is going to take the wheel over at fox business and he's going to -- >> look at that happy face you have there. >> happy little face. that's a diminutive. >> happy little face. >> you're making him sound like

one of the keibler elves. come on, he's a brilliant financial analyst. >> he is. he knows i love him. >> thank you, steve. >> sharp dresser. >> back off. i like your -- say hi to your family for me. >> i sure will. >> coming up next on the rundown, catholic bishops push back. a bishop is taking his fight against the contraceptive mandate straight to the source. >> and nancy pelosi preaches out paying your fair share. but guess what? she wants to change the rules when it comes to her own paycheck? we'll talk about this one coming up. brad needs car insurance, but, uh, brad doesn't want to spend too much. who's brad? this is brad. ahh! well, progressive has lots of discounts

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>> got some quick headlines for you on this friday morning. a private plane carrying 40 pounds of pot takes a wrong turn flying straight into airspace restricted for air force one and the president. president obama was on his way to los angeles in marine one when it happened. two air force fighters were able to intercept the cessna. was the pilot's name cheech or chong? do we have further details on that? here we go again. a brand new report shows that google spied on you. according to "the wall street journal", google used special coding to track people who used safari on their computers and iphones. google disabled the code after being contacted. they say it is now fixed. eric? >> thank you, steven. taking the fight to capitol hill, religious leaders gathering yesterday to voice opposition to the new federal contraception mandate. the leaders arguing that the law which forces all health insurance plans to cover free birth control simply goes against their faith. joining us now, bishop william

laurie of the u.s. conference of catholic bishops. he was the lead witness at the hearing. thank you very much, bishop, for joining us. could you take us through the hearing? we heard a lot of controversy. we heard democrats objecting. we heard democrats getting up and walking out. what did you see, sir? >> basically, the struggle was whether or not the hearing was about religious liberty or about contraception. and so-called preventative services. it was a hearing about religious liberty. that's why this great ecumenical and interfaith panel was there. and that's why i told the story about the kosher deli facing a pork mandate by the federal government. it's not about contraception. it's about religious liberty and we have to keep our eye on that ball. if religious organizations can be forced to provide any kind of

a so-called service against their teachings, then our religious liberty is under threat. that was and should be the focus of this effort right now. >> that is the controversy. but i believe congressman elijah cummings was holding the hearing and chairing the hearing. what was the feeling there? were there both sides represented? were there both sides open and willing to hear all points of view? >> i think the panel of religious leaders followed by a second very distinguished panel, i think, really drove home the religious liberty aspect of this. there were complaints, of course, that the panel, that the minority view was not represented and there were

discussions about arcane rules and i was sort of amused to find -- to listen to those discussions about the arcane rules but i was happy to be there in order to defend religious liberty. >> bishop, originally, the -- kathleen came out and softened their stance with regard to catholic bishops and charities and universities. do you think they were listening? if they were listening, do you think they may further soften their stance on the requirement, the mandate for catholic charities and institutions, hospitals and universities to provide health -- contraceptives? >> i think it's -- the mandate itself is the problem. the mandate itself represents the government reaching inside a church and forcing it directly or indirectly to provide a service or services that violates its teachings. or else face stiff fines, closure, or the violation of

conscience. although this has been repackaged and although there has been some movement, it is not nearly enough. many of us are self-insured, this would involve us all in providing these objectionable services rather directly. >> right. bishop william laurie, thank you for shining a light on that hearing yesterday. thank you, sir. >> thank you. >> coming up an incredible popular brand of toothbrush that can seriously mess up your face. we're not kidding. and you've heard nancy pelosi preaching about paying your fair share but now she wants to change the rules when it comes to her employees. but first, happy birthday to larry the cable guy. the comedian turns a young 49 today. ♪

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tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, while on enbrel, you experience persistent fever, bruising, bleeding, or paleness. if you've had enough, ask your dermatologist about enbrel. >> after the berlin wall came down, there was a wild clamor for us to show more emotion and be more exuberant. >> could have been the stupidest thing a president would do.

we didn't know how the soviet military was going to react. they were in their barracks but we didn't know if they were going to say to gorbachev enough, we're not going to be kicked around like this. it would have been a crazy idea for the american president to beat his chest and come over here. >> interesting. i didn't know that. that's a clip from a great special coming up this weekend with brit hume. president george herbert walker bush, the man and his mission airs this sunday at 9:00 p.m. eastern here on the fox newschannel. that looks great, doesn't it? >> it does look good. >> shifting gears a little bit, folks. i love that cliche so much. yesterday, "sports illustrated" swimsuit edition cover model kate upton was on the show. we were impressed with her rendition of the dougy so we decided we were going to give it a shot on our after the show show. why are we running this? >> i don't know. >> no. >> when we do this. >> because they don't like us, apparently. >> oh, yeah. >> this is horrifying.

and -- >> our careers are probably doomed. >> notice, eric bolling, the smart one right there. he's the first to adjourn. >> about 10 seconds into it, i realized what was going on. >> we don't quite look like kate doing the dougy. we really don't. you missed my figure eight which is the dance that i created in college that is sweeping the nation. >> wait a minute. wait a anyone -- minute. so at the university of missouri, you created a dance and we're now hearing about it? >> five years later, yeah. it's a great dance. >> exactly. >> you want to do it? you want to do it? see what the figure eight looks like. people who didn't -- yeah, a little bit. just a little bit. >> i don't want to freak everybody out because it is pretty amazing. >> all right. >> figure eight. see, your hands are doing a little figure eight. >> that's it? >> yeah, go like this. >> that's how guys dance when they don't really want to dance. >> whatever, you know what? >> you know the john wall?

>> do it. john wall. john wall. >> we haven't been drinking. >> it happened again, folks. an airline pilot accused of flying a little too high. this time it was a frontier airlines pilot reportedly drunk at an airport in omaha. >> he was doing the dougy. >> he was doing the dougy in the airport lounge. we're told he was minutes away from boarding his flight to milwaukee when an alert shuttle driver reported him to police. whole ordeal delaying passengers for more than two hours. there have been more than 130 cases just like this one reported in the last 12 years. >> not good. meanwhile, fast and furious more like slow and tedious. the house oversight committee blasting attorney general eric holder and the department of justice. members on the committee say their slow response to congressional inquiries about the failed gunrunning program is hampering their investigation. questions like -- what did the d.o.j. know? and when did they know it? simple stuff. still unanswered. the department of justice says

it's providing documents on a "rolling basis." right after lawyers look them over. but house oversight chairman darrell issa says it's not enough. he's getting closer and closer to bringing contempt of congress charges against the attorney general of the united states. >> dougy. >> an incredibly popular brand of toothbrush that can seriously mess up your face. sorry. still doing the dougy. all right. this is what it's called. the f.d.a. says it's the spin brush electronic toothbrush can actually hurt you. there have been several reports of chipped teeth, cut gums, even parts of your teeth popping off. >> wow. >> both adult and children's models are affected so here's the list of names. spin brush pro clean, spin brush pro clean recharge, spin brush pro whitening, spin brush sonic. spin brush sonic recharge. spin brush swirls, spinbrush classic clean and spinbrush for

kids. they were sold by arm & hammer and crest. so -- >> have they been -- >> get rid of the spinbrushes. >> have they been recalled or warning folks? sounds like a warning. >> i would suggest that you probably toss them. >> be careful. >> all righty. and they are pretty powerful. >> they're calling to close the heart attack grill after a man apparently went into cardiac arrest eating the restaurant's 6,000 calorie triple bypass burger. that's not even the biggest burger in the joint and the place has a sign that says "cash only" because you might die before the check clears. do you think the restaurant should be shut down in a fox news on-line poll, 12% said yes, it's a health hazard. while 88% said no, let people indulge. >> personal responsibility. >> guess what, though? guess what, coming up at 8:00 a.m. eastern, the owner of the heart attack grill joins us live. he says he's doing a public service. we'll have him explain. >> fantastic! >> moo! >> let's take a look at --

let's mooove on over to the weather map for this friday. look at this, widely scattered thunderstorms across portions of texas at this hour and along the gulf coast, rain. some activity as you can see in the northeast. otherwise, the northern plains are nice and dry and cold in the northern plains. right now, 19 in rapid city. we got 28 in minneapolis. caribou, maine, and portions of new england, temperatures in the 30's. mid atlantic, mid 40's. right through the central plains, 50's and 60's along the gulf coast through florida. later today, on this friday, if you're down in tampa, a beautiful day temperaturewise, 78 will be the high there. 66 in new orleans. we'll have 50's across much of texas through the central plain states eventually here in the big town in new york city, at laguardia airport, about 50 degrees. stand by. >> peter doocy e-mailing you with a whole breakdown of the dougy and its origin. >> he's a good reporter. >> he really is. >> all right. did you realize that, you know, it sounds like the deal is about

to be signed on this payroll tax cut so that everybody gets 20 bucks for the next 10 months. people who work. part of passing it were republicans wanted federal employees to pay more for their pensions and apparently, they had paid a tiny amount and now, apparently they had wanted all federal employees to pay an additional 1.5%. but congressman von holland and hoyer said we can't do that. everybody can't pay it. so apparently, now only new employees, new federal employees will pay an additional 2.3% to their pensions for a total of 3.1%. that's all the new employees are paying 3.1% toward their pensions. so remember about a year and a half ago, "usa today" did a study private vs. public workers and they found that people working for the government made substantially more than people in the private sector doing -- >> substantially more. >> doing the exact same job. there was a recent study, i

think heritage put it out in the last few days or so that confirmed that report, that showed that the average -- if you work for the government, you make on average 16% more for the exact same work than if you worked in the private sector. >> that's right. >> and let me point this out. the real, real huge chunk of that comes in benefits. >> that's right. >> huge -- 16% is a huge number. >> benefits. >> i thought like 3%, 4%. >> when you look at the breakdown, the federal employees get about 2% more in wages. 2% more than the private sector jobs. but they get 48% more in the benefits. so when you hear that now, new employees are going to have to kick in an extra 2.3%, you think well, that's fair, right? not to nancy pelosi. she says that is unfair. here's the former speaker. >> do great work for a country, we all have to make sacrifices in this.

they should not carry an undue burden. >> why are we paying for this when we don't pay for tax cuts to the wealthiest people in our country? >> i've got a feeling that the wealthiest taxpayers in the country probably pay more than 2.3% into their pensions so if you want to talk about fair, let's talk about fair. >> that is absolute abject proof that they're tone deaf in d.c. and pelosi, are you kidding me? 2.3% when you're making more than in the private sector, it's ridiculous. >> we have to point out, we love federal employees, they do a good job. when you look at the disparity and when they go oh, they can't pay an extra 1.5% because congre congressmen in the districts are saying my folks at home won't like it. you have to go ummm as -- arsenio used to say. >> you'll hear both sides of the

story. we'll talk about that coming up auto. auto yep, then the obama administration caves to pressure handing over key members, well, i guess handing over key members with ties to solyndra but the judge said look out, it's a trick. he'll explain. here comes the judge. [ male announcer ] what if that hemorrhoid pain is non-stop to seattle? just carry preparation h totables. discreet, little tubes packed with big relief. from the brand doctors recommend most by name. preparation h totables. the anywhere preparation h. and the chefs at lean cuisine are loving tangy lemon, peppery poblano, sweet butternut. we're roasting, and grilling to create must-have meals with no preservatives. lean cuisine. be culinary chic.

sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation

at the sushi place around the corner. well, in that case, i better get bk to these invoices... whh i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business.

>> couple of quick headlines. we can't shake -- they have a higher risk of having a stroke later in life. the reason why, a weak grip could be an indicator of poor cardiovascular health. >> nothing more unattractive than shaking a man's hand and it's weak. >> i was thinking the same thing. >> kim kardashian with knicks sensation jeremy lin. >> are you kidding me? >> not sure. a report claimed that the reality star scored a date with

the point guard and they were going on a date, a rep for kardashian is calling the rumors 100% false and a rep for jeremy lin is calling the rumors 1,000% false. >> thank you very much. new developments into the investigation of solyndra, the defunct solar company that received lots of money, millions of dollars in federal loans, as we know. late yesterday under the threat of subpoena, the white house agreeing to allow key members of the administration to be interviewed about the scandal. >> so is the white house finally cooperating with the investigation or is this, perhaps, just a delay of game? joining us right now is fox news senior judicial analyst judge andrew napolitano. >> good morning. >> i got a feeling you think this is just a delaying tactic. >> it is just a delaying tactic. this is an interview not under oath. so this is not an interview where the person can be punished for -- >> what's the big deal? >> well, because the white house felt it gave a little. congress felt it gave a little.

now, some good can come from this because they can ask these people questions and they may tell them about how decisions were made and where documents are but the real case is here is documents. e-mails. pieces of paper that will show that the government knew or ought to have known this company was going down the tubes when it took $500 million of taxpayer funds and gave it to this company because of the involvement of one of the president's principal bundleers and financial credibilitior. >> yesterday, "the washington post" did a whole expose on some of the big bundleers for the obama administration, the energy department loan and various loans, anything we can do about that? is that completely legal? >> well, it would depend, eric, if there is a quid pro quo, it would depend if there is sort of an agreement. i will give you this money in return for you getting me this business. now, anybody that would enter into such an agreement and leave a paper trail for it -- >> paper? it has to be on paper? >> no, you have to be able to demonstrate it. so if it's a he said/she said,

it depends on who a jury believes but if it's paper, eric, which is what the white house is resisting, that will demonstrate whether or not the agreement existed. let's just suppose, just a hypothetical, the white house is considering two companies. one is doing very well but could use some help. the other is doing poorly but has the president's financial backers involved. which one will get the federal funds? answer, the constitution prohibits giving money to either of them but the president's people chose to give the money to his buddies, the people that gave him the campaign cash and the american people have the right to know that and that's what the white house is resisting telling the congress. >> so what happens? >> all right. good question, juliet. they'll have these informal behind-the-scenes interviews. there won't be a tape recorder and the person being interviewed won't be sworn to tell the truth. and the congressional investigators will make some notes and they'll go back to the congressional committee and say we need the documents. serve the subpoena. this was just a waste of time. >> good to know. that's why you're on retainer.

>> all right, judge. >> where the heck is kilmeade? another long weekend? >> another long weekend. >> that laugh is classic. >> happy president's day. >> thank you. >> thank you, judge. >> straight ahead, a student gets threats for refusing to sing a song in choir. a song that praises allah. both sides of the story about that young man when we come back. >> then, should restaurants be able to guarantee peace and quiet by, get this, banning all kids? one place is trying to do it but is it fair? >> sorted of banning. >> sort of banning. so who ordered the cereal that can help lower olesterol and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i?

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>> listen to this, a colorado high school student facing threats after quitting the school choir, taking some time off and objecting to singing an

islamic song that praised the muslim god allah. james harper, a christian and senior in high school said he informed the school about his beliefs and the song choice but after the school defended it, he was forced to quit. >> i don't want to seem like a racist or bigot or anything, i'm really uncomfortable in any religion to any god, it makes me uncomfortable. not just exclusive to the muslims. >> joining me from denver is an investigative reporter for krex out in grand junction, colorado. and he broke the story. good morning to you, matt. >> good morning. >> let's start -- >> it's early. >> it is early and it's a little he rememberier out there where you are. but you'll be the first one into work. let's start talking a little bit about james harper here. he's part of a voluntary choir. they have an upcoming event. the choir director sent home a list. these are the three songs. one was going to be an irish

folk song and one was going to be a christian song and then this song about allah, pick up the story from there. >> yeah, no, he contacted us with his concerns with that particular song in the beginning. that's the original e-mail i received from him and after talking to him and talking with the school district, it -- you know, this story just kind of unfolded from there. >> ok and one of the parts -- a part of the lyric and we're looking at a translation right there. part of the lyrics, the song goes "there is no truth except allah." ok, do we know why the choir directed shows that particular song? >> i have not been able to talk to her directly but district -- the school district who -- the officials that i've been talking with throughout this week said that she chose it because it's rhythmic and it's very appealing for her students to be able to participate in such a great song. it had nothing to do as much with the religious part but it's

embracing diversity. >> but it does, when it looks at the lyrics, there is no truth except allah. i can understand why the kid would be, you know, uneasy about singing it. what about in your community? what's the reaction been there? >> you know, it's important to note that this student was in a voluntary after school choir and that's very important. he had the opportunity to not have to sing the song along with other students in the class. i talked to parents of other students who fully support their students singing the song. the teacher sent home the lyrics in translation along with a you tube link of the entire video to talk about it as a family and talk about what that choice would be. >> matt, we've got a statement from the school. they say "this is not a case where the school is endorsing or promoting any particular religion. song was chosen because its rhythms and other qualities would provide an opportunity to exhibit the musical talent not

about the religious methods. choir students that are uncomfortable won't be required to sing it. he's dropped out and i understand you talked to him last night. he's received some threats, right? >> since this story went national, he's started to receive threats himself. he had to take down his personal facebook page because he was getting inundated with messages and friend requests and he says he's going to take some time off from school to kind of let this blow over a little bit as he described it and i spoke to our police authorities on the phone last night as well, and they confirm that the district officials and staff members with the district have received threats. >> interesting stuff. thank you very much for breaking that story. investigative reporter in grand function, colorado. thank you very much. >> sure. >> all right, what do you think? if the lyrics were there is no truth except allah, would you be comfortable with your child singing that in a voluntary choir after school?

e-mail us, friends at foxnews.com. meanwhile, they didn't want this father to be buried next to the sons he killed. so they bought the cemetery plots before he could. you're going to meet those two police officers top of the hour and bruce springsteen campaigned for president obama last time around but the boss is staying silent this time. what's up with that? it's from centrum. it's a smaller minigel. with two of the best omegas to support my heart, brain and eyes. new pronutrients from centrum. [ sighs ] i can't wait till morning. wait! it's morning in china! ♪ [ male announcer ] it's sweet, it's nutty... it's absolutely delicious. kellogg's crunchy nut. it's morning somewhere.

>> good morning, everybody. i'm juliet huddy in for gretchen. >> hello. >> happy birthday, stimulus. president's $835 billion jobs program turns 3 years young today. >> good. >> the question is america better off? we'll do the math. >> all right, whitney houston's final farewell is set. some military members are not happy about the way she's being honored. should we lower the flag for a singer? your e-mails are pouring in. >> boy, are they? meanwhile, they're going to be pouring in after we tell you about this story. a restaurant guarantees peace and quiet by telling parents, check your crying kids.

your kid is crying? taking him outside. absolutely no exceptions. huddy is clapping. she doesn't have kids. i have kids and i'm with them! "fox & friends" -- does anybody hear that? no, eric. it's probably sally, the little one. "fox & friends", hour two for a friday starts right now. >> it goes to show you how long we've been doing this show. i referred to sally doocy as my little one. when we started, i think she was 3 or 4. she is now a freshman at smu down in dallas. >> oh! >> having the time of her life. >> peter doocy is a reporter for us. >> i know. just like your brother. >> horrifying. >> yeah. all getting old. >> runs in the family. and eric bolling is joining me today. >> my dog freedom would like to work here, too. >> your dog's name is freedom? >> freedom. >> after the fries.

>> after the fries. >> freedom fries. >> good for you. >> it's been great having you guys filling in for gretchen and brian. >> we'll tell you about the story of the pizza place that does not allow screaming kids and it will get a lot of you agitated as this whitney houston flag thing coming up. >> wild hair here, some headlines and a developing story overnight. a federal immigration agent opened fire on his supervisor before being shot dead himself. the chaotic scene unfolding at a federal building in long beach, california, late last night. police say the ice officer shot his boss several times after they argued. the supervisor survived. he is in stable condition at the moment. that's when a third officer took action. he shot the gunman dead. details are still coming in on the story. as soon as we have an update, we'll bring it to you, of course. construction on the keystone pipeline could soon get under way a little sooner than expected. the house passing an energy bill that takes control of permits for the pipeline away from

president obama. he's put the project on hold. the pipeline would immediately create 20,000 jobs, alt bit more than that, actually. but it's not clear if the democratic controlled senate will green light the measure because of pressure from environmental activists. the house of representatives set to vote today on an extension to the payroll tax cut after intense debate, congressional negotiators formally signed off on the deal late last night. it extends the payroll tax holiday through the end of 2012. the 1 auto -- $150 billion package extends unemployment insurance and both the house and the senate are expected to pass the measure. a blow to president obama's campaign. loyalist bruce springsteen said he won't campaign for obama the way he did back in 2008. he says he's going to support him but he hasn't been pleased with the president's progress on the jobs creation area. so he also says obama hasn't done enough to tackle the foreclosure crisis.

springsteen who lives in jersey campaigned for him back in 2008 as well as john kerry back in 2004. and those are the headlines. >> born to run. but he's not going to be helping the president this time. ok, so bruce springsteen as juliet just detailed, not happy about the president's job creation and listen, happy days are here again. three years ago today, the president of the united states signed that gigantic stimulus bill costing close to a trillion dollars and now, given the benefit of time, and analyzization, we are able to tell you basically how much all those jobs cost. and first of all, we need to show you it wasn't that many but they were costly. >> if you showed that video, that was in denver, colorado, when they signed that. we promised if we gave them at the time, if we just gave them that money, they would guarantee or ensure that unemployment wouldn't go above 8%.

it's spent most of the last three years right at 9% for most of those three years if you take the average but let's take a look at the numbers. jobs saved or created according to an independent source. independent source says 2 1/2 million jobs. money spent, that comes to a whopping $297,000 cost per job. >> on coverage. >> some costs millions and some not so much. >> here's the crazy thing, this, again, three years ago, there's still a lot of projects that have not even been started. for instance, in bayonne, new jersey, there is supposed to be a firehouse that was built. they got $4 million for it, grant for this new firehouse but they're still dispatching fire trucks from a temporary roadside tent, steven. >> from a tent. >> from a tent. because it's supposed to be on a landfill, this firehouse and they're trying to figure out if the landfill which it's taken three years to find out if the

landfill is safe. >> look, it's part of regulation nation. sure, we heard shovel ready. can't put a shovel in that ground because we don't know what's in the ground. come on, it's bayonne, new jersey. it's jersey dirt. >> how about this one? l.a. spent nearly $500,000 to upgrade engines in a yacht and there are exactly zero jobs reportedly created. >> i want to read this one, steve. $10 million for a remake of "sesame street" for pakistan so they get to meet elmo and we pay for it. >> so here's the thing, though, so they're making "sesame street" in pakistan. it would seem to me that would create a lot of jobs in pakistan. you're welcome. >> go to recovery.gov and there's a big map of the united states, scroll over it, you can go -- focus in on a state. widen the state. go in a district. and you can see what money is spent where and how many jobs and the vast majority of those little dots on the map, no jobs

created. money spent with no jobs created. >> $49,000 for the second annual hawaii chocolate festival. >> second annual. we paid for the first annual, too? >> remember, average cost $300,000 per job. how many people watching right now are making $300,000 a year? keep in mind a lot of these jobs were temporary jobs. not like they're every year. >> that means even if it's a construction worker on the side of the road that they're fixing because of the big sign, your money at work, he on average costs you the taxpayer 300 grand. >> meanwhile, let's tell you a little bit about this. whitney houston's funeral is going to be tomorrow held at the new hope baptist church in newark, new jersey, that's where she sang as a little girl in the choir. kevin costner is going to be there, the fella who personally picked her as his diva in the movie "the bodyguard." and that changed so much for both of them. interestingly enough, there's a story in the paper today that says that kevin costner gave her the job said, i don't want you taking any acting lessons.

you're perfect the way you are. he didn't want her changed from that girl. >> wasn't there some sort of chemistry with the two of them? >> it seemed like in the movie. i don't know about off the screen. >> but here's the thing, there are a lot of folks who are very offended by governor chris christie of new jersey's decision to loerp the flags in honor of her tomorrow, the funeral. listen to phyllis mcgee, she's a mom of a fallen marine. she's pretty upset about this. listen. >> i was hurt and offended, disappointed, saddened, i felt like the honor given for my son was tarnished. it was putting them on the same level. and i know how my son lives and i know through the media how miss houston lived. >> chris christie says look, i'm giving her this honor not because she was a role model but because she was a daughter of new jersey and he says, you know, regarding her substance

abuse issues that should not negate her accomplishments "there but for the grace of god go i." we asked for your comments, whether they thought it was appropriate. they lower the flags in new jersey. they did if for sinatra and they did it for clarence clemens, here are some of your comments. >> nancy says if they want to lower the flag for whitney houston, it should be the new jersey state flag and not our national flag. >> palm beach, florida, lowering the flags should be reserved for fallen statesmen and military heroes. to do otherwise diminishes the value and significance of the act. >> kevin in north carolina says i believe you should be focusing on the states' rights aspect of the argument. new jersey is free to do what it wants. there are no constitutional restrictions. >> i like that one. >> yeah. >> i like that one. that one says let the states decide. let the people in new jersey be upset with that. >> federal law says the governors can lower the flags for state officials and

residents who have died. you pretty much can do it for anybody. >> all right. now, here's a story that will get you going. how many times have you been in a restaurant and trying to have a quiet conversation with somebody and right next to you there's a screaming kid. >> i wasn't there. >> this happens, you know. people get annoyed by it. when it's a family restaurant like a pizza restaurant, pizza place, you know, i think people are a little bit more understanding. however, there's a pizza place and they decide -- >> in atlanta. >> thank you very much. in atlanta and they have decided that they are going to -- they posted a little saying saying if your kid is crying, you need to take him outside. >> kind of like a church. if at church, your kid is crying. you take him and go to the back of the church in the cry room. >> listen to customers on both sides of the argument. >> a pizza place and they will get loud in here sometimes. >> i understand how inconvenient it is to the other patrons but, you know, i give them a pass if

they're under 3. >> be considerate of other people, the parents should be. >> my brother when he was a little boy, we were at a pizza place in new jersey, and he was -- it was when the incredible hulk was out. he kept standing up on the chair and going -- doing the incredible hulk and some lady came over and told us to take him outside. i was horrified. because i was like he's being obnoxious. of course i'm the big sister. >> let's show what they have printed on the menu there at grand central pizza. "to ensure all patrons have an enjoyable lunch or dinner with us, we respectfully ask that parents tend to their crying children outside." you know, i -- >> oh, my gosh, really? >> come on. >> you say let them cry. >> let them cry. >> that's part of the problem! >> seat them right next to me. you want the crying kid? >> come on hud! >> we've had kids -- here's my problem with it. i think it's -- you know, i understand both sides of the argument. but too many times parents will be in a restaurant with their

kids and they'll just let the kids run crazy. and they don't even -- they don't even react. when our kids were little, you know, as soon as somebody would make a noise, we'd grab them and take them out. >> that's what kids do! >> it's the parents' responsibility. tend to your children. make them quiet! >> what do you guys think about that? >> lock them in the back? come on, let them play. let them steal stuff. >> you don't want kids running around. >> what if you were having a romantic. >> they don't approach the other tables. they're in their area crying. >> there was one person at this restaurant, he was sitting there just eating his pizza, a slice of pepperoni and a kid hit him upside the head with a toy. like a buzz lightyear thing. >> come on. isn't that going to bug you? >> that might bother me a little bit. >> no, i get your side. i'm more of the opinion that it's the parents who, you know, come on, parents, if your kid is crying, figure out why they're crying. maybe they're sitting in the diaper that needs changing. maybe they're hungry.

>> extension of regulation nation. you want regulation -- >> no, this is -- >> restaurants. >> kids should be respectful of their surroundings. >> personal responsibility. >> thank you very much. >> see, we have perfectly represented both sides here on the couch. >> we are fair and balanced. >> i'm not going to talk to you the rest of the program. >> ok, i'll sit way over here. >> i love children, by the way, i'd like to say that. >> i do, too. >> and we love pizza. >> all right. they refuse to let josh powell be buried next to his two sons that he killed. up next, meet the two cops who bought the nearby cemetery plots. >> then donors gave him a whole lot of money because they thought david brock was running a legitimate watchdog group. what they didn't know, the founder of media matters spent a good amount of time in a quiet room. details straight ahead as we roll on live from new york city. [ female announcer ] fashion or food, it's all about taste.

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>> josh powell, the man accused of killing himself and his two young sons by setting his house on fire will not be buried in the same cemetery as the two boys. that decision being made yesterday by powell's mom but only after pressure and extraordinary action from the nonprofit group crimestoppers. the group led by two cops that bought plots on either side of the boys and making sure the father was never buried there. joining me now are those two cops, sergeant ed troyer and sheriff paul paster, thank you for joining us. let me start with you, sergeant. obviously, you care about these two young boys. you don't want josh powell -- how did you go about doing this? was it hard to get this done? >> it wasn't hard to get it done after the sheriff had an idea of instead of going to court and trying to figure out what to do about it. we talked about what can we do about it? and came up with an idea so

let's just buy the spots next to them or figure out how we can take care of the problem and my crimestoppers board which is a local tacoma pierce county crimestoppers board because it's a national worldwide program and i'm very proud of crimestoppers said knock yourself out. go do it. we managed to get it done and bought the plots on each side of the thing -- of josh powell's grave so nobody would see his name. and that was originally what we wanted to do. >> right. i guess i got to ask you a couple of questions. sheriff, first of all, if the mother of the two boys, her body has never been found. if they do find that body, would you be willing to let her be buried alongside her boys? >> well, it's important to know that it is not for us to decide. we want to extend the courtesy to the cox family. the maternal grandparents in order to decide what would go on with those plots. we're not buying these to own them. we're buying these to do some honor and do some dignity for the boys and to the family. >> and sergeant --

>> we wanted to stop -- >> go ahead. >> we just wanted to stop, you know, a lot of people are going to go there forever and we wanted to stop the possibility of seeing josh's name or the dad because nobody, no murder victims need to be buried next to the person that murdered them so we wanted to make sure that wasn't visible. and we couldn't keep them out of the cemetery but we can keep him away from those boys. and we're going to give the family everything that comes to us from this to put a memorial up, put other kids in the cemetery or whatever. >> sheriff, tell us about the -- >> tell us about what the community is saying. what's their response? >> well, this was a terrible act. this was an evil act. and it would compound the evil of the act to allow josh powell to be buried. the murderer to be buried beside the victims. community has been amazing. the community has stepped up, they've shown their support. this was -- this was something that hurt the heart of the family, hurt the heart of our people in this agency and also

hurt the heart of the community. and i am -- i am impressed by the kind of step-up support that the community has shown for this. they care about the family. they were hurt by the loss of these kids. they saw this as the right thing to do. and they have backed us big time by contributing and expressing their support. >> we'd love to buy the whole hill. we'd love to buy the whole hill and put kids there. there's a lot of crime that goes on and a lot of victims and we would -- the best thing that's happened is we've started this through the nonprofit crime stoppers. no government money was used. we did what we needed to do and donations are coming in so it's not a crimestopper community anymore. the community owns this plot now. >> appreciate it. you can donate, link it to our web site. but you can e-mail us and you can go to the web site and find out where you can donate. guys, thank you so much. you guys are looking like heroes around the country right now. >> thank you. >> donors gave david brock a whole lot of money because they thought he was running a legit

watchdog group. what they didn't know, the founder of media matters was committed to a quiet room. details ahead and we keep hearing how high fructose corn syrup is bad for us. my heart attack happened completely out of the blue... i was so young... you just don't think that that's something that can happen to you. i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. first line of defense, right? ♪ feel the power my young friend. mmm! [ male announcer ] for excellent fruit and veggie nutrition... v8 v-fusion, also refreshing plus tea. could've had a v8.

sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation at the sushi place around the corner. well, in that case, i better get bk to these invoices... whh i'll do right after making your favorite pancakes.

you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business.

>> who is funding david brock, an admitted drug user and media matters for america? the liberal outfit that's declared war on fox news and he also has some questionable ties to the white house as well. tucker carlson is the founder of "the daily caller". they dug into the group's finances and found a list of the liberals who are pumping cash into the organization. tucker is down in d.c. good morning to you, sir. >> good morning, steve. >> all right. this list is really kind of a

who's from the left, isn't it? >> yes, it is. barbra streisand foundation, the joyce foundation on whose board barack obama sat for eight years. sandler's foundation gave $400,000, they're of course, the people partly behind the subprime mortgage collapse. the stride rite foundation, the ford foundation, suzy tompkins buehel, some of the leaders of the left wing movement in this country and they gave a lot of money, almost $29 million to media matters. >> right. and the shuman fund for media and democracy is managed by bill moyers. do you think bill knew when he was sending money to david brock, an admitted liar that he was going to use the money to try to destroy fox news? bill moyers? >> of course, bill moyers who spent those many years gathering big paychecks and prestige at public expense as a pbs celebrity, absolutely. he's been a left wing activist

for years. you know, but at public expense which is the amazing part. >> but you look at -- so they wanted to -- initially, you know, david brock who spent some time in the quiet room, he would go to these donors and say, look, we're going to be a watchdog group and keep an eye on the fox newschannel and fox news as well. and so they said, ok, here's a great big check. you got to figure, he didn't say by the way, we've got this plan, there's this e-mail circulating. we're going to hire private investigators to follow people from fox news. we're going to do opposition research into not only people on the air but people behind the scenes and executives. we're going to destroy -- we're going to try to destroy a private corporation that is in the business of news! you think they knew that? >> of course they knew it. that was in their fundraising documents. that was -- that's one of the reasons they have gone after fox news these many years because the donors like it. there's no question.

they raised money on their attacks against fox and by the way, they also raised at least almost half a million dollars for gun control efforts. this was an office with armed people in it, the guy had a glock so the ironies abound here but there's no question that i -- my view is the main appeal of going after fox is they were able to raise money on that idea. >> and you should, you know, you're talking about david brock who, you know, he did have a breakdown famously and he's got his personal assistant with an unlicensed glock in his pocket. that's him right there. what's interesting for these donors and a bunch of rich people. they got plenty of dough but if this organization loses its tax exempt status and there are a number of congressmen who would like to see that happen, they'd have to pay money on that -- on those contributions, wouldn't they? >> well, potentially there's something called a clawback which means that's exactly right. if the organization were to lose its tax exempt status, then the people who are giving it money would have to return and pay taxes on the money that they gave.

we'll see. >> tucker, finally, this has been such an explosive series that you've had at the daily caller exposing what these people at media matters is doing and yet, aside from a few blogs and the fox newschannel, it really hasn't gotten much traction in the mainstream media which floors me. i mean, if karl rove were -- if a right leaning group were coordinating with karl rove during the george bush days to try to bring down "the new york times," this would be a gigantic story. in any event, you saw somebody from "the washington post" last night socially, and you approached them. >> i did. i did, yes. i ran into someone i know from "the washington post" last night, and pointed out, you know, if i had a memo saying that fox had done this, holy smokes, this would be a pulitzer prize winning series. there's been basically a media blackout on this. i'm not one of those conservatives who whines about left wing bias in the media. i hate whining in general but if there was ever, ever a case study in willful blindness, in collective bias, it's this.

i mean, look, most reporters agree fundamentally with the aims of media matters. just better to ignore it. better not to report on it. no, the press are more corrupt even than i think people think. it's pretty distressing if you think about it. >> it looks like they're all in bed together. >> they are. >> tucker carlson, read all about it at the daily caller. thanks. >> thanks, steve. >> on the birthday of the stimulus bill three years ago today, president obama admits he made mistakes. should we expect a change in course? we'll go live to the white house plus he's the tallest basketball player in the world! but do you call him tiny? we're taking on paul sturgess and the rest of the harlem globetrotters. the man is a human skyscraper.

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>> welcome back. 33 minutes past the hour. today, we are wishing happy birthday -- >> to the stimulus. >> i was going to say happy birthday. >> i'm not supposed to sing. we're not allowed to sing happy birthday. is that crazy? >> to the president's stimulus plan. it's been three years since the president put out that mass jobs bill and signs it. word is he has a little bit of regret. >> and ed henry is live at the white house.

ed, three years in, a lot of money spent. what are they saying from there? >> well, good morning, eric. i think what the president was trying to say at this fundraiser in san francisco in terms of the context of all of it is look, he's made mistakes. things have not gone perfectly. stimulus, obviously, would be an example of that. critics hint where the money was spent on projects that disappeared. the white house billed the stimulus as something that was going to lower unemployment much faster than it's been lowered. nevertheless, what the president and his aides here say is that it has started to turn things around. and that we were on the edge of a cliff when he took office. if he had not passed the stimulus, again, while not being perfect, if he had not passed it, we would be in a much worse place today. take a listen to the president last night in san francisco. >> i know these last three years have been tough. i know the change that we fought for in 2008 has come in fits and

starts and sometimes it hasn't come as fast as folks wanted. we've had setbacks. i've made mistakes. after all that's happened in washington, i know it's tempting sometimes to believe that maybe what we imagined isn't possible. but remember, what we used to say during the campaign, that real change, big change is hard and it takes time. >> now, the president ends his three-day trip today in the seattle area at the boeing plant to try to talk about the rebound of american manufacturing. undoubtedly, will comment on that payroll tax cut deal that still has to go through the house and senate today. but the president also on the road doing a lot of fundraising. if you look at the numbers, the obama campaign just put out, they raised $29 million alone in the month of january. so far in the campaign just the he remember stages, they've raised a total of $250 million and an average of $23 million a

month and it's interesting, if you look at $29 million just in january, the president did eight fundraisers on this three day trip. that's added on to all those totals and there's a leap year. february gets an extra day. there could be more fundraising this month. >> if it's a leap year, that means it's an election year, too. ed henry keeping an eye on the calendar. thanks very much. >> good to see you. >> you bet. >> new to on your headlines. it's happened again, folks. an airline pilot accused of flying a little too high, if you know what i mean. this time it was a front ear airlines pilot reportedly drunk at an airport in omaha. we're told he was just moments away from getting on a flight to milwaukee when an alert shuttle driver reported him to the cops. passengers were delayed for about two hours while they got a sober pilot. meanwhile, a baby formula warning this morning. researchers at dartmouth say brown rice syrup used as a sweetener in many organic foods

has dangerous amounts of a toxin. the syrup is used in organic powdered baby formula as well as energy bars, cereal bars and drinks known as energy shots. researchers say one of the infant formulas tested contained six times more arsenic than the e.p.a. considers safe. that's right. there are some safe levels of arsenic. meanwhile, an interesting weather phenomenon this morning. nasa's solar dynamic observatory captured a scene on the sun that resembles what extreme activity of a tornado would look like here on earth. look at that swirl. what you're looking at is plasma caught in a magnetic dance across the sun's surface. think got special cameras, though, because you can't look at it directly. meanwhile, it's just a face in the crowd. take a look at this very clever distraction devised by a university of alabama basketball fan. the student jack blankmanship waving a giant picture in his own distorted face in order to psych out the opposing team.

the method worked against ole miss but the university of florida not phased by the face. they beat crimson tide 61-52. speaking of basketball, let's go outside to a couple of people with some tall people. >> i don't know, you know, if you know this but i'm really good at free throw shooting. >> are you? >> no, i'm really not. these guys are really good at basketball, though. the skills that they have are amazing. the harlem globetrotters are here at 48th and sixth right outside of our studios here. welcome, guys! >> hey. thank you. >> good to have you here. now, you're the vet. >> i am. >> and you are -- >> playtime. >> you are special k. yes, you are so special. >> thank you. you noticed? >> yes, i am. >> we have a tiny here and we have a too tall. >> let's see. >> you would be too tall. >> i'm too tall. >> he really is too tall. >> and he's actually shortest globe trotter ever and this is the tallest professional basketball player at 7'8".

>> that's right. >> you're not actually from the united states. you're from the u.k., right? >> i'm english, yeah. i'm a brit! >> is that ok? are we allowed to have that? >> can i put this in perspective? i'm 6 feet tall. >> you get tired of that? people coming up to you -- >> i don't know -- >> it was funny, we were watching you walk down the hall and it's like literally there's like two inches before he can actually hit the ceiling. >> can we see that? >> if you don't get to see us much right now, you can see us throughout the new york area, we're playing all over and go to harlem globetrotters.com to get more information. >> you are all over the world. >> all over the world. >> i'm always right. >> always -- >> yeah! >> coming up -- >> coming up. still a bunch of big markets coming out for those who haven't seen the globetrotters, get our web site,

harlemglobetrotters.com. >> wow. >> can i try this. >> thank you. >> here we go. >> watch this, people. watch this. it's beautiful! look at that! >> here you go. >> thank you very much. all right. so we continue all over the place and go to harlemglobetrotters.com. what's your favorite thing about being a globetrotter? >> the smiles that we put on people's faces and after each game, we actually stay and talk to our fans, sign autographs. take pictures. >> how many years have the globetrotters have been doing this? >> 86 years? >> 86. >> and we still look good, don't we? >> yes, you do. >> we go inside, though, right? juliet, you got to see these shoes, guys. take a shot at these shoes. >> they don't want to see my shoes. they have to see the harlem globetrotters play. >> go ahead, brother. >> thank you for having us. >> back to you.

>> thank you very much. >> thank you. all right, straight ahead, bill o'reilly ripping reporters for how they're covering the whitney houston story. >> there's nobody in the media saying you know what? this could lead to death and if it doesn't lead to death, 75% of all child abuse and neglect is done by substance abusers! >> bill made those comments right here on our couch. does he have a good point? geraldo rivera weighs in at the top of the hour. plus your trivia question of the day. i find the omega choices overwhelming. then i found new pronutrients omega-3.

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>> welcome back. each week, fox news in partnership with the aels apprentice program has been celebrating black history month with a special series that highlights outstanding americans whose achievements are shaping the world. fox report anchor harris faulkner joins us with more. good morning to you. >> good morning. good to see you. today, we're going to meet leslie heiner. while she's never had children of her own, she's dedicated her entire life to helping disadvantaged kids in philadelphia from some of the toughest streets in our nation. 17 years ago, she started a horse riding program called work to ride in order to get these kids to feel a sense of purpose. and what she and her program have accomplished is nothing short of extraordinary. >> hi, guys! >> how would i describe -- >> she's very outgoing. >> nice shot.

>> tough as nails. >> usually means. >> what's up with that? >> what? >> she's a good lady now. i like her a lot. she's like a second mother to me. >> nice call. >> but it's all just the -- >> she brings up some very respectful young men and women. >> well done, very nice! >> so do you run a tight ship? >> i like to think i do but if you talk to kids that were in the program 10 years ago, they say it's loosy goosy now. >> 17 years ago, leslie heiner wanted more out of life. she grew up around horses and loved helping kids so she combined these two passions and created a program where children from the toughest neighborhoods in philadelphia could learn how to ride. but there was a catch. >> you make a deal with these kids. >> oh, it is a deal. no, absolutely. we have about 20 kids. and they are entirely

responsible for the running of this facility. they put the horses outside in their paddocks, then come the dreaded task of cleaning up the dookie which they all, you know, really love a lot and -- and then in that afternoon, we'll ride. >> for many of these kids, it's become a life changing experience. >> she pushed me to go to school. stay out of trouble. and, you know, it's -- if i didn't have leslie, i don't think -- i'd be doing bad right now. >> every child that comes into this program is expected to go to college. i mean, that's what we want. so you really have to, you know, impart to the kids that, you know, oh, i'm passing. well, what does passing mean? no, passing to me means you're only striving to pass. to get a c. >> this competitive fire eventually passed down to the polo team. but they had to find their way at first. >> good job! >> when they execute the way

they're supposed to, you know, it's -- it's a good thing. i think if you would have said 10 years ago that, you know, that this group of kids would become national polo champions, i don't think you would have anybody that would bite that hook at all. >> yeah, we sucked. she stuck with us. >> we don't have the money we would like, ok, we don't have an indoor facility for these kids to practice. the only way we practice is when we play games. >> get it down. >> nice. >> they've gotten better by hard work and by listening. these kids, they absorb what's around them. and that's how they get to be as good as they are. >> last season, they got so good, they became the first african-american high school polo team to win a national championship. >> when the game is over, said guys, group hug. we all hugged each other. went to leslie. leslie was crying. >> it's a program that breaks down barriers, you know, and

exposing a group of kids to something they wouldn't have otherwise encountered. there's not other black kids in country playing polo. if they are, i'd like to meet them. >> some people might ask, why invest in these kids? >> why not? it's not rocket science. >> what we do is we give them the tools and they're the ones that choose to make the difference. >> how does it make you feel to know that you've made that difference? >> i'm tickled pink. it couldn't be any better and i'm hoping we'll win again this year. >> and kind of seem like -- >> i hope they do, too. >> i love her! >> isn't she great? >> fantastic. >> you know the young man that we saw in the school there has his eye on the university of virginia, one of the powerhouses in college club polo and leslie told me, eight young men and women have gone to college in her program. that may seem like a slightly small number to you. it's truly amazing when you consider how few kids actually even graduate high school in philly. leslie says some programs help thousands of kids make one or two strides. she's determined to stick with a few kids all the way through to

success. and i got to tell you, hers is a great example of americans doing great things. i know we call it black history month but we're on this journey together. >> that's right. and you made such a good point. those young men, national champions and they can go to college if they choose to. scholarships. she's changed so many lives. >> wide open for them. >> fantastic, next week, i'll be back with the story of the ever adventurous barbara hillary. she fought two different cancers. instead of doing that, barbara set out to reach a place no african-american woman has gone before. again, we continue the journey this black history month. a journey we are on together through our shared american history. >> i love this series. >> thanks. i do, too, it's fun. >> thank you very much. >> thanks for having me. >> we'll be watching you this weekend. >> yea, fox report! >> thanks. straight ahead, a heart attack at the heart attack grill? that's what they call it and that's what somebody had, a customer there in vegas rushed to the hospital and the owner of the restaurant said he did the guy a favor.

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>> the question of the day answer is michael jordan. and the winner is -- jim anton. >> congratulations. >> i pronounce it in some form. >> that's ok. we've been telling you for the last 24 hours about this developing story out of las vegas. all right, if a place is called the heart attack grill, you got to figure they've got some -- they've got some things on the

menu that have -- >> it's a scene. >> that have heart attack grill oriented menu items. for instance, they have the triple bypass burger there. take a look. eight slices of cheese, one tomato, a whole tomato, a whole onion sauteed in lard. whole thing, 6,000 calories. and the reason i mention this is somebody had one and wound up getting carted off to the hospital. >> yeah. had a little heart situation in the restaurant. >> medical episode. >> people, it's a theme restaurant. everybody relax. >> and the place is called heart attack grill. so you walk in there, i mean, you buy -- >> it's bad for your health. >> they warn you. they give you the little outfits to wear like you're in a hospital, again, it's a theme. it's supposed to be funny. i guess it's not really funny when somebody has a heart attack. but -- >> but the food police are out in force. >> look at what they say. they say "this is the latest emergency should be a wake-up

call for the heart attack grill. the restaurant should end its bizarre attempts to capitalize on obesity and cloged arteries and reopen with a new name and a new menu featuring heart healthy vegan options." >> then it wouldn't be fun, doctor. >> the owner says he's doing a public service for people. >> besides -- it's all about public -- >> what's the public service? >> it's about personal responsibility. you know, people should be able to eat whatever they want to eat. there is -- at ben and jerry's, the ice cream place in new jersey there's on the wall a picture of peter doocy who four years ago ate the vermont monster a pail with, i think, 20 scoops of ice cream. peter ate it. had his picture taken. first guy who did it. he was sick for three days. >> that's right. >> but he chose to too it, right? >> absolutely. >> and by the way, the -- >> probably won't do it again. >> public service the gentleman says who is going to be with us next hour, right, next hour? yeah, says, well, if you eat his burger and feel sick, at least

we -- he's telling you you were sick in the first place. >> all right. >> people need to lighten up, ok? bill o'reilly didn't lighten up yesterday. taking heat for telling it like it is on "fox & friends." >> this is ridiculous. whitney houston killed herself, do we all understand that? oh, there's a prize, all right. [ male announcer ] inside every box of cheerios are those great-tting little o's made from carefully selected oats that can help lower cholester. is it a superhero? kinda. ♪ [ woman speaking indistinctly over radio ] home protector plus from liberty mutual insurance... [ alarm blaring ] where the cost to repair your home,

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just to see me -- not as a cancer patient, but as a person that had been helped by their work. i was just blown away. life's been good to me. i feel like one of the luckiest guys in the world. ♪ >> juliet: hello, everybody. today is february, friday 17. i'm juliet huddy in for gretchen. bill o'reilly is taking heat for telling it like it is on "fox & friends" yesterday. watch. >> but this is ridiculous. whitney houston killed herself. do we all understand that? >> juliet: does he have a point? is the media telling the wrong story? geraldo rivera is waiting in the wings to talk about it. >> steve: they made sure there was absolutely no way josh powell would be buried next to the two sons that he murdered. hear from the two police officers who bought the cemetery plots on either side of him. >> eric: and democrats dedicated

to going after mitt romney have a new ad, but isn't rick santorum the new front runner? should he really be ignored? chris wallace weighs in. "fox & friends" starts right now. >> juliet: hi, everybody. "fox & friends" is starting. hiker hi, steve. >> steve: hey. great to have you. this has been a peppy, crazy two hours, three hours yesterday. we've got juliet huddy in for gretch and we've got brett here. and geraldo is in the wings and all fired up about a whole bunch of stuff and he's in two minutes after you finish the headlines. >> juliet: brand-new reports iran could be considering a terrorist attack on american soil. we are not told -- we are told that there are no specific threats at the time. law enforcement and government officials are still concerned.

they say police from new york city to los angeles are being told to keep an eye out for potential iranian operatives or anyone possibly connected to hezbollah. all this as u.s.-iranian tensions escalate and talks from iran's government about its nuclear energy program. this is a carey story. federal immigration agent opens fire on a supervisor before being shot dead himself. the chaotic scene unfolding at a federal building in long beach, california last night. police say the ice officer shot his boss several times. they had apparently gotten in an argument. that supervisor survived. he is in stable condition at the moment. that's when a third officer took action, jump not guilty there, shooting the gunman dead. details are still coming in on this story. as soon as we have an update, we will bring them to you. construction on the keystone pipeline could get underway sooner than expected. the house passing an energy bill that takes control of permits for the pipeline away from president obama. he's put the project on hold.

it would meetly create more than 20,000 jobs, but it's not really clear if the democratic controlled senate will green light the measure because of pressure from environmental activists. talk about bravey a. store owner fights back against two would be robbers in cincinnati. the owner saw it happen in his off. he's there on the left-hand side. he went out on the floor with his gun. one of the would be robbers shoots at the clerk. luckily he miss, but the owner doesn't miss, wounding the suspect several times. he then holds down the other would be robber. this wound suspect fled, but he was caught. the store was also robbed last year and the former owner was killed during a robbery several years ago. so they were obviously on pins and needles at that store. wow. >> steve: let's bring in geraldo rivera, joins us on the curvy couch. how are you. >> there's a a me -- there's a a memo on a company holiday? everyone is off but me and you.

>> steve: just you and me. >> ice to see juliet and eric. >> steve: bill o'reilly wons this program yesterday. we were talking about whitney houston. he said, let's face it, she killed sheriff, talking about the drugs she ingested. now they're talk being maybe the drugs affected the organs and there was failure over time. we don't know yet. >> no, whitney houston was an admitted junky north texas doubt about that. bobby brown, i blame him for getting her hooked. it's clear -- >> steve: is he going to the funeral? >> that's a very difficult funeral. i think they should do everything they can to keep bobby brown away from bobbi kristina. she is his 18-year-old daughter and he is the only surviving parent, so really that's her decision to make. but the suspicion is, before we get back to the drug adult whitney houston, the suspicion is that bobby brown is the world's worst father, has made

himself close to the daughter to get his hands on the $20 million estate that whitney houston, like michael jackson, like elvis, worth much more dead than alive because she had squandered all her fortune. now all her records, three of them in the top ten. the money is pouring in. it's expected to be as high as $20 million very shortly. so bobby brown, the man who got her hooked on gutter drugs, including crack, he is circling like a vulture around his own daughter now and the suspicion is he'll try to cash in. back to the way the press covered whitney houston and bill o'reilly's inflammatory comments, the first 36 hours were very respectful of whitney houston. they were very benign, the coverage. she died, tragedy, the most bizarre thing of all was the clive davis pre-grammy gala held in the beverly hills hilton the very night. not only did they not cancel it, her body was still upstairs in

the fourth floor suite. you had all these swells in hollywood dressed up, going to this party. you can't waste a good red carpet, so they had the party regardless. it became i guess a sort of memorial to whitney houston, but it was kind of bizarre to have this party with the dead body still upstairs. >> eric: one of the other controversies is the chris christie said he'll fly the flag at half mast tomorrow during the funeral. what do you think of that? >> well, you know, on my radio show, people are definitely fired up about that. the vast majority of people are disagreeing with chris christie. i think he's taking the high road. i think that frank sinatra didn't lead a blemish free life nor did basie. >> juliet: what about the parents of these fallen marines. the mother of a fallen marine

died about a month ago in afghanistan. you'll hear a sound bite. >> i was hurt and offended, disappointed, saddened. i felt like the honor that was given to my son was tarnished. by putting them on the same level and i know how my son lived and i know through the media how miss houston lived. >> mom has a point you and never want to go against a parent grieving for a patriot falling in fighting for his country. this is different. you can recognize people for different things. i think whitney houston is a cultural icon. those songs will be song forever. no one had the range she did. she did come from a hard scrabble background in newark. she did move to nearby east orange. there is a school and academy named after her. she did some great movies. you know, let her be recognized for what she did.

not for what she became. i think the bad feelings, the bad vibes, the negativity should be directed at those who enabled her to use those drug, who cashed in on her, who didn't intervene soon enough. it's not the media's fault. it's the people who are closest to her. where were they? where was clive davis? did he try? i know he lent her money and tried to get her rehab. and ultimately the responsibility is whitney houston cannot be ignored. she killed herself. because lot of people helped her die. >> steve: let's talk a little bit about josh powell, killed his kids and apparently police officers bought the plots adjacent so that he could not be buried next to his sons. >> good for them. this is the most savage, selfish crime i've ever heard of. here is a man who not only -- you know, i call it revenge most

foul, when people -- when the estranged parent, because it's not that uncommon -- kills the child and then kills them self. i always say, why don't they do the suicide part first? what they're doing is depriving the joy of those children to the people they are leaving behind. grief stricken and berift. what josh powell did is so beyond the pail. to use the hatchet on the children before he burn that had house, and luring them in. children that he purported to love, children that he cried, when he testified about losing custody and what does he do when he gets them in the house? he takes a hatchet to both of this emand tries to chop their heads off and lights the fire telling the children he had a surprise for them. this is a despicable man and he will rot in hell and what the cops did in buying the plots is wonderful. i think what the -- the grandparents are -- josh powell's parents are a little linky to me, though. they're not condemning what

their son did. they're not using the language that i'm using. they're talking about the tragedy and the media and the witch hunt. >> juliet: they've been doing that from day one, the father in particular. >> these are their grandchildren, for goodness sake. he murder their grandchildren. >> eric: line -- listen to what these cop high school to say. >> this was a terrible act. this was an evil act and it would compound the evil of the act to allow josh powell to be buried, the murderer to be buried by the victim. >> these cops have great hearts. they see the worse in human experience, and yet they can be noble and selfless like that. those are two terrific fellows. >> steve: geraldo, we'll be watching your tv show and we listen to your radio. >> that's nice, thank you. talk radio. >> juliet: love to erica. >> thank you. nice to see you, eric. >> eric: you, too. >> juliet: a love fest here. coming up, student getting death threats for defending his

religion. he's refusing to sing along the song that has lyrics that he doesn't feel that he should have to sing. >> eric: what a difference a couple of months can make. in november, newt was sure he'd be the nominee. now he's in need of a comeback. coming up, newt's daughters join us live right here. >> juliet: there they are. he's the energizer bunny, though [ ma announcer ] the cold aisle can overwhelming. [ coughs, sniffs ] especially when you're sick. now, with new simpler packaging, robitussin® makes it simple to get the right relief for your symptoms. new simpler packaging, same effective relief. robitussin®. relief made simple. and the chefs at lean cuisine are loving tangy lemon, peppery poblano, sweet butternut. we're roasting, and grilling to create must-have meals with no preservatives.

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>> juliet: two months ago, newt gingrich had high hopes promising this back in december. listen. >> i'm going to be the nominee. it's very hard not to look at the recent polls and think that the odds are very high i'm going to be the nominee. and by the way, i don't object

if people want to attack me. that's their right. i'm suggesting it's not going to be very effective. people are going to get sick of it very fast. >> eric: once a front runner, newt gingrich is now in the polls, he's not really leading. take a look at this fox news poll among swing state voters, the former house speaker polling worse than any of the candidate when compared to president obama. so how can newt gingrich rebound? let's ask his daughters, jackie gingrich cushman and kathy gingrich lovers. they join us live on the curvy couch. >> juliet: hello, ladies. >> eric: jackie, fought has come out a couple of times saying, i'm going to be the inevitable nominee. then things go up and they come down. what does he base that on? >> a couple of things. you're right. this race has gone up and gone down. three weeks ago dad is in the top of the poll. three weeks from now, super tuesday. so it's like campaigning or like dog years, really lasts a long time, so we don't know what's going to happen. things go up and down. what we can talk about is his

core conviction, his record of governing. he's the only candidate in the race, including president obama, who has balanced the budget nationally, reformed a major entitlement program, who has reached across the aisle and governed with president bill clinton and the chief conservative -- that's a very very important. >> juliet: i was saying issues he's like the energizer bunny. he surges and goes back. and surges and goes back. i was talking on our web on a show a few days ago and one of the guests we had said, i think voters may get tired of that. is it possible that they are going to tire out of this constantly back and forth? >> i don't think the voters are getting tired of it. we may because we're in it and see it so close. but i really think that what we're looking at is a win knowing process. this is someone who is going to lead our nation. someone who is going to be in charge of the strongest country in the world and we need someone who has got the persistence and drive and our father has that. he also has a vision and he's in

this from his heart. >> juliet: what is his reputation? he's angry. >> i think that's one of the very -- it's very false. he's not an angry guy. he's very at peace with where he is. remember, he's the son of a career infantry officer. his dad served 27 years for our country and that's the way dad looks at this. >> eric: the most important thing right now, there are four candidates fighting it out. money. where is his campaign when it comes to money? >> the good news is we are raising more money every day. that's very positive. obviously there is never enough money for any campaign. i saw the numbers earlier talking about what president obama has raised recently. the reality is, in the end, the republican nominee is going to go against president obama who will have more money, who will have a better organization and the way we win as republicans is to get out the vote. it's to excite people and to enthuse people and that's what dad can do. >> eric: stay with me here. it's very important at this point going forward, going to a couple of big elections coming up at the end of the month and

super tuesday, does he have the money to stay? does he have the money to compete with all the money that will be spent in michigan and super tuesday? >> he has the money to stay. he has the will to stay. and the point that jackie made is extremely valid. the reason that our father has done well when he's done well is when people turn out to vote. that's all republicans need to think about. we will not win as a party if we have someone who is suppresses votes. we need somebody who can excite the electorate to turn out the vote and he can do that. >> juliet: thank you for joining us. it's pretty cool you get to campaign for your father running for president. >> we're having a great time. >> juliet: not many people get to do that. good to have you here. >> eric: for the record, a couple of great advocate force their father. really nice people. the tragic end to go their honeymoon caught on camera. will the photo of a woman lying dead on the ocean floor be enough to convict her husband for murder? judge jeanine is on the case. >> juliet: then, a heart attack at the heart attack grill. we've been talk being this story all day. a customer at the famous

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>> steve: welcome back. this ghostly photo showing the body lying on the ocean floor, now evidence in the case against her husband, gabe watson. >> juliet: so disturbing. watson accused of drowning his 26-year-old wife in 2003 by turning off her oxygen supply while the couple was scuba dive not guilty the great barey reef. that photo evidence, is it

enough to prove he deliberately killed his wife? >> eric: joining us is judge jeanine. one photo. is that enough? that's circumstantial or hard evidence? >> a picture can tell 1,000 words. but they have so much more. this is like the tale of two cities. what you've got is a defense saying, i was on my honey moon, knives love! the current was too much! it was a perfect storm. she died! and the prosecution says, whoa, not so fast, buddy. what we've got is not an inexperienced diver, the husband. he was a rescue diver. he was an open water diver. he was an advanced diver. >> steve: he knew what he was doing. >> bottom line, he knew what's doing. instead of helping his wife or sharing the oxygen, the guy let's her drop to the bottom and goes up to the top like he didn't care. then the question is, what was the motive? why would you do this? because he thought he was getting the insurance money. unfortunately, she had told her father she wanted to change her

beneficiary -- her husband as beneficiary. the father says no. the husband didn't know this. but the real issue here are those pesky sea witnesses. get it, eyewitness, sea witness. they're going to sink this case and sink the defense because you've got other divers who say he going over, gives her a bear hug, which the prosecution herizes he let's the oxygen out of her tank and let's her fall to the bottom. he goes to the top. doesn't care while they're reviving her for 40 minutes and he's on a catamaran asking for hugs from other people. this case is so rock solid, it's not funny. >> juliet: they have that dive computer, though. >> yes. >> juliet: and he's freaking out about that. >> that's key. he wanted it back. what is a dive computer? something that is like a watch, but it indicates air pressure and tells more than he wants the prosecution to know. he said it was beeping and he had to go up and replace the battery because he wanted to get her away from the other divers

so that no one could help her. lie. and the manufacturer will say it wouldn't beep under those circumstances. he also says he bumped into two people who tried to get them to help his wife, two asians that they can't find. they interviewed everybody on the two boats and he's lying about that, too. he told her family he was with her when she died and he was not with her. >> eric: tell us about the law there. what are the potential outcomes of this case? >> murder, life without parole. when we extradited him from australia. they said, we're not sending him back, alabama, because you have the death penalty. you must promise us that you will not give him death. therefore, we'll let him be extradited. >> eric: they agreed to that? >> they agreed to that. but here is the issue. is it double jeopardy? when the guy has already been convicted in australia of not giving aid to his wife, no, because you have two sovereigns. you have australia and alabama and prosecution herizes he created the intent to kill her

in the united states before he left. >> eric: what a case. >> steve: thanks for bringing it to our attention. join her this weekend, "justice" with judge jeanine. >> whitney houston. you're not doing your show. it's live with whitney and very sad, sad situation unfolded. >> steve: more this saturday. thank you. >> thank you. >> eric: all right. democrats dedicating to attacking mitt romney. are they making a mistake by ignoring rick santorum's recent success? mr. chris wallace joins us from washington next. >> steve: plus, he refused to sing a song that claimed there is, quote, no truth except allah. now this choir student is getting death threats and he's dropped out of school for a while. both sides of that story straight ahead. [ tires squeal, engine revs ]

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>> steve: you know what's on on the weekend? fox news sunday starring that man right there, chris wallace. good morning to you, sir. >> good morning, guys. >> steve: hey, let's talk a little bit about presidential politics. up in michigan. we've got as arizona well. national polls come out, suddenly rick santorum is surging across the board. so we're talking about if he wins big in michigan, that might reset everything. what do you think? >> absolutely. if he wins michigan, which is romney's home, home state, i say that as opposed to utah or massachusetts, it's where he was born and grew up and his dad was the governor for three terms, it raises huge questions. again, this is an if. huge questions about romney's elect ability. if he can't beat santorum in a republican primary, how can he ever win michigan, which is to some degree a swing state? probably tilts democratic, but republicans have some hopes of

winning it this year. how could he ever beat obama in the general election? he would be a devastating defeat. i don't mean at that it's over, but but it would be a real defeat for romney if that happens. >> eric: i have a problem with these polls right now, the swing state polls where obama versus romney, obama versus santorum. when the gop picks a candidate, isn't that more relevant to look at it then? >> yeah. i will say this, that some of those poll, spill the fox news poll didn't just do a generic republican in the swing states. they actually ran obama versus romney or santorum. it's silly. how many things are going to change between now and november? we don't know what's going to happen with the economy. we don't know what's going to happen with iran, gas prices and on and on and on. a million things are going to change. but it's a snapshot in time and it does give you a sense, if you

look at those polls and if you look at just the obama polls, that he's having something of a resurgence which is linked to the fact that the economy is doing better. and conversely, i think the republicans are so busy beating themselves up, each other up that they're all getting weakened as candidates. having said that, i was think being romney and people saying, well, gosh, if he loses, how much trouble is he in? remember how much trouble barak obama bracks that in the spring of 2008? he had the guns and god, people clinging to their bibles and their guns. he had reverend wright. he couldn't win an industrial state. he was getting clobrd in ohio and -- >> steve: whatever happened to him? >> so the point is, all these races races are always up and down and in the end, somebody is going to emerge. geese to have a good convention and it will probably be a pretty close race. >> juliet: the administration still seems to be focused on romney as the front runner, even

though you have santorum beating romney in some polls. will that be a shift? will there be a shift? >> i think maybe after michigan. but until then, you know -- this may be a case, look, people don't always know who the strongest opponent would be. i know in 1980, jimmy carter and his white house kept saying, just let us at ronald reagan. he's right wing kook, we'll be able to clobber him. look how that turned out for them. at this point, i think they feel that romney would be -- is more likely to be the nominee and a tougher nominee. he's got a national organization, he's got a huge campaign war chest. and we should have a big problem having rick santorum, again, like in 1980, it might turn out be careful what you wish for. >> eric: we have a few seconds here. what do you think of the negative attack as soon as will that continue through the next surrounds maybe into super tuesday? >> yeah. i hate to say it. it's the best thing that romney has going for him, which is he's

got a lot of money and he goes after these other people. in terms of the show this week, and i'm glad you asked, we're going to have newt gingrich, exclusive interview. look, a month ago he was the front runner. now he's in trouble. we'll talk to him. and we'll also talk to eric cantor, the house majority leader. some people are saying -- it's only mid february -- that the legislative agenda between the white house and congress is over. we've got $15 trillion in debt. 10 million unemployed. some are saying it's political year, we're not going to get anything more done. >> steve: look at that. he'll have so much to talk about this sunday, fox news sunday. check your local listings for show time. chris, thank you very much. >> bye. >> steve: the battle over the president's birth control mandate taking center stage on capitol hill. religious leaders arguing the president's compromise on contraception as he calls it, still goes against their religious beliefs. one of the religious leaders against it, new york city's archbishop, timothy dolan, he did not attend the meeting because he is being elevated to cardinal tomorrow in rome. that is where we find peter

johnson, jr. live from the eternal city. good morning to you, peter. >> good morning. >> steve: tell us a little bit about what happened yesterday. >> archbishop dolan, yes, is here to become a cardinal in rome along with 20 something other bishops around the country, around the world, as a matter of fact. yesterday congress continued on its diatribe, some on religious cause in america, on religion liberty in america. there was an important hearing held by congressman issa in which it was going to be discussed. this issue of religious liberty, this issue of religious freedom. the first amendment, whether, in fact, conscience matters in america, especially with regard to abortion producing drugs. unfortunately, some of the treatment the clerics got on

capitol hill was not what we would anticipate. democrats are saying, we need our own civil rights issue now. so now we have developed this issue of women's rights to trump the issue of religious liberty. everybody understands the importance of women's rights. but i think the issue at this point is, in fact, religious liberty. how far the government will go in terms of obamacare in abrogating the rights of the catholic church. so that's what happened in congress yesterday. here tomorrow in rome, archbishop dolan, along with archbishop o'brien, two americans, will be made cardinals. it points out back in america what's going to be happening in the future because i think this is kind of a break point in terms of the catholic church in america in terms of becoming very vocal not only on spiritual issues, but on constitutional and political issues.

>> steve: all right. peter johnson, jr. joining us live from the vatican where tomorrow he'll have a ring side seat as archbishop dolan gets the red hat. thank you very much. have a great weekend. >> juliet: such a beautiful background. let's get to some of the other headlines. fast and furious, more like slow and tedious, the house oversight committee blasting attorney general eric holder and the justice department. members say their slow response it congressional inquiries about the failed gun running program is hampering their investigation. questions like what did the d. o.j. know? when did they know? still unanswered. it's providing documents on a, quote, rolling basis. but darryl issa saying it's not enough. he says he's getting closer and closer to bringing contempt of congress charges against the attorney general. >> steve: meanwhile, an incredibly popular brand of toothbrush apparently can seriously mess up your face. the f.d.a. says spin brush,

electronic toothbrushes, can hurt you and there have been several reports of chipped teeth, cut gums and even parts of teeth popping off. both the adult and children's models are affected, unless -- toothbrush popping off. here is list of names. spin brush pro clean, spin brush pro clean recharge, spin brush pro whitening, spin brush sonic, spin brush sonic recharge, spin brush swirl, spin brush classic clean, and spin brush for kids. >> juliet: pretty much the spin brush line. >> steve: yeah. they were sold by arm and hammer and crest. if you've got one, there is your warning. >> eric: a student says he's facing death threats because he refused to sing a song about allah in a school choir. james dropped out of the choir and school in colorado over these lyrics in the song. quote, there is no truth except allah. and now he's so scared, he's dropped out of school.

listen. >> i don't want to seem like a racist or bigot. i'm just really rather uncomfortable, any religion, singing to any other god makes me uncomfortable. it's not just exclusive to the muslim. >> eric: school sakes quote, this is not a case where the school is endorsing or promoting any particular religion. song was chosen because its rhythms and other qualities would provide an opportunity to exhibit the musical talent, not because of its religious message. choir members who object to or are uncomfortable will not be required to sing. steven? >> steve: let's take a look at the weather coast to coast. at least the 48 connected states. as you can see on the radar, man, you got a big gulf coast storm packing our friends in florida and also alabama, mississippi, louisiana and texas. some of the stuff is heavy. also we got snow moving through portions of michigan and wisconsin at this hour. some lingering stuff on the eastern shores of lake erie and ontario. current temperatures as you head out to school or to work or just

to go mess around, 44 here in new york and raleigh. about the same for atlanta and memphis. north plains in the 20s. southern plains in the 40s and 50s. in tampa, 70. later on today there, 78. beautiful degrees. meanwhile, 63, the daytime high in raleigh. looks like 50s in the central plains and for the folks just getting up way out west, 50s and 60s will be the rule across california. >> eric: so disaimportanted. not room temperature anywhere in america. >> steve: it's room temperature in this room. >> juliet: no, it's not! are you crazy? it's like 20 degrees in here. >> steve: well that, true. that would explain why they hung that side of beef right there. >> juliet: all right. coming up, she was one of the first american women to ever fly in combat. now she's using all her might to land a job on capitol hill. our next guest running for gabrielle giffords' old seat in congress. >> eric: then a customer suffers a heart attack after chowing a big burger at the heart attack grill. the owner says he did the guy a favor. he's here live.

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we're roasting, and grilling to create must-have meals with no preservatives. lean cuisine. be culinary chic. >> steve: more headlines for this friday morning. a brand-new report exposing google has been tracking what you read on the internet. according to the wall street journal, the company's computer code tracked people who used safari on their computer, like me, thanks, google. or iphones. google has since disable that had code. hey, check this out. that is high school senior devon thomas of pennsylvania shattering the back board during an alley-oop earlier this week. look at that! he already had a game high 18 points. so that was just the cherry on top. of course, they had to stop the game. it resumes tonight. apparently they didn't have back up glass.

juliet and eric. >> juliet: thank you. taste worth dying for. that is the slogan at the heart attack grill in, where else, las vegas. it's a restaurant that is living up to its name. a man apparently had some sort of medical issue, pretty severe one, while he was eating at the heart attack grill. he was eating the restaurant's triple bypass burger. we'll tell what you that is in a second. but authorities say he's recovering. now an anti-meat doctor's advocacy group says the owner should close up the shop. >> eric: heart attack grill's owner joins us live from vegas right now. we got to point out, you're wearing a doctor's outfit. tell us about it. what's the restaurant all about? >> should i wear anything else? look, the restaurant -- and i would like to call it the clinic -- the heart attack grill is not just a place to get a bypass burger or flat liner fries or butter fat shake. what it's all about is a place

where you can live the way our founding fathers intended us to live. and that is by our own accord, without encroachment from any busy body groups or governmental agencies that are trying to tell us what to do. trying to dictate to us not just what we think and how we act, but the most insidious dictation of all and that is what we eat. because what we eat is what makes us culturally ourselves. those recipes that are passed down ethnically from grandfather to father to son, those are the recipes that make us unique and those recipes are what will continue if i have anything to say about it. >> juliet: i'm sorry to interrupt. are you getting a lot of flak from people now that this guy has been rushed to the hospital and getting national attention or are people walk not guilty there laughing? >> sadly, i'd like to say i'm getting both. and neither is an appropriate response. we all need to have sympathy for

real coronary issues because it could happen to any of us. coronary issues are not the exclusive domain of senior citizens of morbidly obese. it could happen to me, to you, to anybody watching. the sad thing is that there are cynics in the world. but the even more tragic thing is that there are intrusive busy body groups that want to take away our right to have a simple hamburger, a coke, some fries, to enjoy our lives the way we want to. >> eric: we're going to have to leave it there. john, just tell us, how many calories in that heart attack burger? >> i would have no idea. it's totally against everything we believe in to count calories. you should live for the moment. >> eric: by the way, you couldn't get away with that in new york city. you have to list the calorie count of every meal i think they serve in any chain restaurant in new york city. we got to go. thank you, sir. >> juliet: if you don't like it, just don't go there. okay, people? >> eric: don't go there.

>> juliet: i love to go there. when we come back, one of the first american women to ever fly in combat. now she wants gabrielle giffords' old job. first let's check in with bill hemmer to see what's coming up on his show. >> look like you're having fun today. >> we always do. >> the globetrotters. big morning coming your way. paul ryan says washington is lying to people. he's here live. john bolton over the drum beat for war with iran. juan williams with how a santorum-obama looks like? scott rasmussen with brand-new polling numbers and karl rove in studio. see you live in ten minutes on "america's newsroom" ♪

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>> steve: welcome back.

she's gone from fighting for freedom in iraq and afghanistan and now she's fighting for a job on capitol hill. colonel martha mcsally, the first woman to fly fighter jets in combat for the u.s. air force now running to fill gabrielle giffords' vacated congressional seat and the colonel joins us from tucson. good morning to you. >> good morning. >> steve: it's an honor to have the first american woman to fly in combat. congratulations and thank you. >> thank you, sir. >> steve: why do you want -- you've had such a great career. why do you want to go to congress? >> well, i'm a public servant at heart, steve. when i see things that are messed up, i fix them. right now i have been overseas teaching senior government officials from all over the world, helping them transition to democracy and seeing what their economic problems are and realizing that we got messed up things going on at home. feel very convicted to come home and help our own government and lead them and represent the people of this district in a very critical time.

>> steve: what's your number one focus? i mean, you're talking about things screwed up in washington. that's an understatement. what's the number one thing you'd like to fix? >> we absolutely need leadership in washington. we need someone who is going to stand up for what's right. i have a record of doing that, whether it was filing a lawsuit against the pentagon over having a wear the muslim garb in saudi arabia or taking my squadron into combat, we've got to get our debt under control. we have got to stop the intrusion that's coming from the east and the federal government and we have got to address the very serious national security issues on our border that are affecting this region. >> steve: let me ask you about this, something in the news over the last couple of weeks, they're talking about easing the restrictions on putting women in combat up closer to the front line, although they've been there obviously. you're a great point. i want you to listen to what rick santorum has said regarding this recently. here he is. >> i think that could be a very compromising situation where

people naturally may do things that may not be in the interest of the mission because of other types of emotions that are involved and i think that's probably not in the best interest of men, women or the mission. >> steve: sounds critical of it. what's your comment about what the senator said? >> you know, i agree with many of the things that rick santorum says. but when i heard this, i really just wanted to go kick him in the jimmy. >> steve: kim him in the jimmy. >> yeah. he's totally out of touch. i mean, completely out of touch. these are the types of arguments we heard 20, 25 years ago as to why women couldn't be fighter pilots. it's an insult to the men and women who are serving overseas, putting their lives on the line and focusing on the mission right now. >> steve: as a republican, if he's the nominee, then what? how do you feel about supporting him? >> well, i look forward to talking to him. he's going to be here next week. so maybe we can discuss this a little bit further and bring him up to speed. >> steve: i don't think i would mention the jimmy part to him. yeah. i guess not. all right.

before we go, just one other -- you talked about how leadership is one of the things that is failing in washington, d.c what makes you uniquely qualified to bring some leadership representing that particular congressional district? >> sure. i've been serving my country for 27 1/2 years. again, i've commanded in combat. i've worked on capitol hill for senator kyl for a year. i personally shepherded legislation through congress to overturn the military's policy making our women wear the muslim garb. we need leadership and someone who will stand up for what's right, has the moral courage to do the right thing instead of going along to get along. i bring that leadership and that moral courage and that experience. >> steve: all right. colonel martha mcsally, we thank you. >> can i just throw one more thing in there before we go? >> steve: yeah. >> this is national important race. i need your help. go to mcsally for congress.com and hit the donate button. we got to win this thing.

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