>> here we go. >> scrambling our little letters. >> like i said, i got this one. >> i could have sworn there was a t in there. apparently not. so gretchen carlson. >> gretchen, good morning! >> which one of you said you got it? >> juliet, you got it right away? >> i did. >> me, too. when you showed it before. i'm going to tell you, it's swimming. >> you got it good! >> nice to see you. have a good day. >> thank you. >> see you tomorrow. >> but the big clue today is which one of the three of us will be in a swimsuit in the 8:00 a.m. -- >> which two of us? >> don't give it away. >> which two of us? it's thursday, april 5th! good morning. i'm gretchen carlson. the white house trying to down play the legal battle brewing but not everyone is buying it. >> we want to go from the smartest, most sophisticated,

most messionic political figure in our history in 2008 to he's stupid. is that really what you want us to believe? >> is that part of the obama administration re-election strategy? lots to talk about today. >> and can you hear me knocking? mitt romney hitting the campaign trail in rick santorum's backyard but will pennsylvania be the state that really seals the deal for mitt in massachusetts? mr. kilmeade? >> plus too fat to work, that could be the case at one texas hospital. why they're telling overweight people don't even apply. is that allowed? "fox & friends" starts right now. >> yes, we will be swimming. i don't know why we agreed to this, brian. it's 43 degrees outside and the

water is 44. there's the pool! >> this is the first time i'm seeing it. it's lovely! >> by 8:00 a.m. eastern time or a little later, let's say 8:30 eastern time, we might all be in bikinis because it will be so balmy out there. >> that's what we're hoping, gretchen. we are hoping for that. and also, the world's greatest swimmer in the lifetime of america. benjamin franklin was a great swimmer. >> i do remember about the fact that steve doocy owned a rainbow colored speedo. what i am waiting for in the 8:30 hour besides what brian might have on and what i might have on is whether or not steve will be having -- >> no, we'll be wearing wet suits. a.j. hall had a very good idea. >> a.j. had one good idea out of this whole thing. >> that's coming up. in the meantime, the president had a great idea on monday -- attack the supreme court! if you missed it, he referred to the justices as unelected people who should not take the unprecedented -- unprecedented

step of declaring the health care his bill unconstitutional. because -- >> that was passed by an overwhelming majority which is totally not true. >> by a strong majority. yesterday, at the white house, everybody had fire extinguishers out trying to put out the firestorm! first jay carney and then our attorney general. listen to this. >> what the president said both yesterday and the day before was -- what he did was make an unremarkable observation about 80 years of supreme court history. fact that since the lochner era of the court, since the 1930's, the supreme court has without exception deferred to congress when it comes to congress' authority to pass legislation, to regulate matters of national economic importance such as health care. 80 years plus. that is an observation and not a particularly remarkable one. it is a statement of fact. >> i think he said in some ways

that which is obvious. there is a piece of legislation, very important piece of legislation before the court. he talked about the way in which courts have typically -- supreme courts have typically looked at some types of legislation. i don't think he broke any new ground in the comments that he made. >> what? >> yesterday, i said who in the inner circle of the president after he said those activists comments the other day, who had the kahonas to tell the president of the united states you have to go out there and clean up the mess. those two guys yesterday were two of the people that had to try to clean up the mess and now it continues. it continues with rush limbaugh saying that president obama knows exactly what he was doing when he said those words. >> he we want to go from the smartest, most sophisticated, most aerudyte political figure in our history in 2008 to he's

stupid. is that really what you want us to believe? because i simply refuse to accept the notion that obama doesn't know what he's talking about. i refuse to accept the notion that he doesn't know what marbury vs. madison is. i think he's doing something entirely different. he is appealing to the dumbest, most uninformed and what he's basically telling them is this court is going to take away your health care that i've given you. that's what he's saying and he's counting on the dumb and the stupid to believe that, to not read any of these law professors who are correct. >> now, you know, rush limbaugh pretty much, i think on the money. i don't know if he's saying the dumbest people. i will say this, his professor in college, lawrence tribe came forward yesterday and says the president didn't say what he meant. so he needs to come out and clarify. he said he's one of my smartest students. >> i thought he was covering for

him. the way in which i read his law professor commenting is he was misunderstood and i don't think that for a minute. i think that this president said what he said that day on purpose. whether or not he is trying to dumb down his message, i do believe that it was a populous message. there was purpose in the way he said what he said the other day. >> kind of struggling with the question but i think he knows the focus and where he wanted to go because he feels as though he has another enemy, he can run against congress. he can run against the extreme republicans and now he can run against another branch of government which will be if you don't elect me for four more years, we will always have the court the way it's made up but if you elect me, i'm going to put people in here that will do the country's work. >> just remember, it was a couple of days after they took that preliminary vote at the supreme court that suddenly he goes out and attacks the supreme court. so the op ed page of the "wall street journal" late yesterday,

they suggested, look, what the president is doing is he knows the vote. he knows he's going to lose. and what he's doing is he is preparing his base. he's trying to inflame them. also, he's simply trying to change the subject because mitt romney is going to try to make it all about -- >> wants to talk about linsanity. >> talk all about the economy. yesterday, mr. romney, former governor said what the president was doing was running a hide-and-seek campaign where let's not talk about the economy. let's talk about everything else and let's gin up some stuff. let's have a war on women and let's talk about the supreme court and let's talk about contraception, not the economy. >> on the contraception, i agree that was a detraction. i'm not so sure that the president would choose to replay this week with regard to the supreme court even if it is a deflection because i don't think that this is going to be a positive week for the way in which the president is seeing by taking on the supreme court but, you know, some people are asking whether or not that's having

people not talk about the other big issues of the day like the debt! so let's take a look at the comparison between obama and president bush. brian, i know you're good at math. >> i'm fantastic at math. i feel as if i keep doing this for you, you'll never learn on your own. i'm going to do it anyway. bush was in for eight years and ran up a debt of $4.9 trillion. president obama, already three years plus and he's got a $5 trillion. he's put in $1.4, $1.2, $1.2 of debt each year in office. there's no deficit reduction in each of his plans. approaches are critical for paul ryan's plan that attacks the deficit immediately. >> meanwhile, since our current president has spent close to $5 trillion in two years, let's take a look at how they've done that. total federal spending, total $7.1 trillion in obama's last two full years in office. that is when you break it down, you spend $9.7 billion a day.

$403 million an hour. $6.7 million per minute or, you know, if you've got a sweep second hand on your watch, $112,000 per second. this federal government is burning through a lot of cash. and that would explain why if you look at the economy and look at the tank of gas, i filled up my truck yesterday and it was $104. if you remember that kind of stuff when it's time to vote in november, i don't think the president wants you thinking about that. he wants you thinking about the other stuff. >> don't worry, with your truck, it's going to last three days and you can go back again and fill it up again for $104. >> let's do some of the headlines for a thursday. mitt romney pulling out a one-two punch campaigning on rick santorum's home turf and taking swipes at president obama at the same time. >> we just got to get him out of office! he just doesn't understand what's happening in the country in part because of what he's

been doing wrong. i think he's so out of touch with the american people that he doesn't see how many people are struggling because of his policies. >> romney continuing his pennsylvania campaign today with a meet and greet in harrisburg followed by an energy event in tucanic. that's not how it says in the prompter. santorum, a former senator in pennsylvania has no campaign events planned for today. taking a bit of a break. today, texas governor rick perry will take an aerial tour of the damage from that devastating twister outbreak. this as we hear some incredible tales of survival from the storms. one family saying they left their home just 10 minutes. it was completely demolished by a truck, sent airborne by the wind. >> you have to see it to believe it. this is not the whole thing. we have part of this 18 wheeler here but it broke off on the end

and that's what's actually in the living area. >> national weather service confirming 13 twisters touched down in a few hours' time. incredibly, nobody killed in these storms. the target of that oikos university shooting now speaking out. police confirming that juan gho was targeting the nursing director because she denied his request for a full tuition refund after dropping out of the program. he dropped out. she says "i think he was looking for me." she was not on campus at the morning of the shooting because she was teaching nursing students at another school. he was officially charged with murder and opened fire at the small christian college on monday killing seven people and wounding three hours. catholics throughout the world observing holy thursday today. you're getting a look at mass that was held earlier today in jerusalem. the holy day celebrated to recognize the last supper jesus christ had with his disciples. and those are your headlines. >> today is the day in the

washing of the feet. meanwhile, 11 minutes after the top of the hour on this thursday. coming up, the government shot and killed bin laden in pakistan. their next target -- coal. that's what industry union bosses are saying after word of new crippling regulations so whatever happened to the president's all of the above energy plan? stuart varney as you can see approaching studio e, he'll weigh in on that promptly. >> and this isn't a dance competition. this guy has got himself into a whole lot of trouble, though. why police want to track him down. it has nothing to do with those dangerous moves. k9 advantix ii. not only kills fleas and ticks it repels mosticks before they can attach and snack on us. frontline plus kills but doesn't repel

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>> remember back in march when the president said this? >> got to invest in a sustained all of the above strategy that develops every available source of energy. >> it looks like another industry is about to bite the bust because now the e.p.a. is pushing ahead with crippling regulations on coal fired plants. the president of the coal workers union said this -- >> and the coal industry is not part of what happened to usama bin laden. the navy seals shot us and lisa jackson shot us in washington so there you go. >> it's very colorful language. i'm not sure you should use that kind of analogy but it's very colorful. that man is angry. he's the president of the mine workers union and he's saying look, lisa jackson of the e.p.a. and the administration basically killed coal in the future. because we've got new e.p.a.

rules on emissions from power plants and that will rule out any new coal fired plant being built in america in the future. so the guy is angry, ok? and that is rather colorful language to be using. >> right. part of the reason is they're now calling for this -- to install technology to capture the carbon dioxide emissions. ok. install it, right? wrong. the technology is not ready for commercial use. they're telling everyone to do something else for a living. >> basically they are. you're not going to see another coal fired plant built in the united states. and some existing coal fired plants will be retired early because of previous rulings by the e.p.a. on air quality emissio emissions. >> from a political point of view, i find this fascinating. you could argue that the unions and the environmentalists are in obama's base. >> definitely. >> we saw in the keystone pipeline situation, that he chose the environmentalists over the union workers because they

argue you could have created 20,000 jobs so in this case, he's doing the same thing or his administration is doing the same thing. how many jobs could be lost? >> i don't know how many jobs could be lost. it's hundreds of thousands in the future. you're right, both groups are within the administration's power base and the environmentalists have won two battles at the expense of the unions. no pipeline, and now no coal in the future. that hurts the union guys on two fronts. so look, they're both within the camp, the administration's camp but at this moment, it's environmentalists 2, and the unions 0. to coin a soccer phrase. >> i appreciate it. suddenly i understand everything. we'll see if this stands because, you know. >> it will stand. it will stand, yes. >> i hope you bought your speedo today. there's going to be some swimming on the plaza before your show starts at 9:20. >> very funny, gretchen. >> that means he's not coming. >> politics in the classroom. a new study shows more and more professors from california

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>> quick headlines now. whitney houston's full autopsy report is now out, it shows a white powdery substance believed to be cocaine found in her hotel room after all and it suggests she may have overdosed on a mixture of narcotics and prescription drugs and alcohol before drowning face first in the tub and bernie madoff's

family not getting off scot-free. madoff's sons' wives can be sued for unjust enrichment. they used the firm as a family piggy bank. steve? >> thank you, brian. a new report about california's public universities is raising eyebrows and concerns about what our kids are being taught on campus. the report claims left leaning professors outnumber conservative ones and these liberal professors are allegedly using the classroom to push in some cases a political agenda. and our next guest says this problem goes well beyond california. peter berkowitz is a member of the national association of scholars board of directors, umbrella organization of the group that conducted the study. good morning to you, peter. >> good morning. good to be with you. >> it's great. i know you wrote in "the wall street journal" over the weekend about this and what's happening is and we want you to make your case, when parents send their kids to college, they want the kids to get both sides, you

know, don't just tell me about the left. don't just tell me about the right. tell me about the world. but that's not what the kids are getting, is it? >> well, a parents' want is what the liberal education authors stand for. getting out there, both sides of the argument presenting them fairly. the study, the california association of scholar study shows that increasingly, this is not the priority for professors. instead, the priority for professors is to put forward a social agenda. to recruit students to that social agenda. >> right, and we'd heard -- we've been hearing about that, how left campuses lean but we've got some statistics we're going to put them up for u.c. berkeley. this is the faculty. in the sociology department, they've got 17 democrats, zero republicans. in the political science department, 288 democrats, two republicans. in the english department, 29 democrats. one republican. and in history, 31-1.

you know, when you see it like that, it's shocking, peter! >> it is shocking but i should say it would not be so bad if all of these professors were openly dedicated to the principle that in the classroom, they should present both sides of the argument fairly and in an even handed way in order to give students the opportunity to make up their own mind. but as i said, professors are increasingly devoted to the idea that it's their job to bring in students correct views about how politics ought to be and those are their views, the ones they bring to the classroom. >> and the problem, peter, is they're not only -- they not only get one side of the political spectrum but they wind up ignorant with regards to literature and history and a whole lot of other stuff. >> well, increasing the curriculum does not require students to understand the basics of history, to read literature, english departments don't require the study of

shakespeare often, not always but often. political science departments in many cases don't require students to study the principles of american government. students aren't required to study the elements of western civilization. it's a huge problem. >> no kidding. all right. a senior fellow at the hoover institution, thank you very much for joining us today. >> thank you. >> what do you think about that? don't you think that's shocking? twitter us, sdoocy at twitter or friends at foxnews.com. meanwhile, 26 minutes after the top of the hour, coming up, imagine this, grocery shopping when a plane comes crashing through the ceiling. that's not every day. >> we have a plane crash. people screaming get out, get out. >> on the top of publix, ma'am. on fire right now. >> on fire right now. more on the calls for help from the florida grocery store. we're live at the international auto show. they're about to reveal the brand new ram. and ainsley earhardt getting an

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fiona here was just telling me that ford dealers sell a new tire like...every five seconds, how's that possible? well, we purchase 3 million a year. you just sold one right now didn't you? that's correct. major brands. 11 major brands. oop,there goes another one. well we'll beat anybody's advertised price. and you just did it right there, what's that called? the low price tire guarantee. wait for it, there goes another one. get a $100 rebate, plus the low price tire guarantee during the big tire event. look at that. it's happening right there every five seconds. your not going to run out are you? no. >> president obama trying to

paint mitt romney as out of touch for using the word marvelous to describe paul ryan's budget. >> a word you don't often hear when it comes to describing a budget. it's a word you don't often here generally. >> really? it's a word you don't often hear generally except for when the president is speaking. >> it is right for us to celebrate dr. king's marvelous oratory. indeed, our marvelous surroundings today. >> that's embarrassing and president obama used it again when describing his wife saying "she's doing a marvelous job." oops! >> some people might argue you shouldn't use the word budget either unless the -- your party has passed on it. has not happened in the last three years. >> or got any votes. by the way, there's a reported that's now leaked out and it's got to be very disturbing for those who are concerned about israel's security about a possible military action that would take place against iran that would emanate from

azerbajan. >> on the border, right? >> it's as you see right there, right on the border of that area. >> staging area, right, for some sort of attack on iran? >> that's leaked out. we've heard colonel oliver north say it. that came forward and it came out and we heard the report from other elements here and now duri gold about the seriousness of this leak on "special report." >> i think one of the problems we have is too much talk. you know, president obama when he spoke at apec at the beginning of march said something, i think, was very correct. he said that there's too much loose talk about war. but the problem is within weeks, you read in "the new york times" all kinds of officials who are talking to reporters giving scenarios of what might happen if there's a conflict in the middle east. i think right now, everybody has to not speak so much. you know, i appeared on israeli radio about a month ago and i said you guys have to learn an expression in english from the

u.s. navy. loose lips sink ships. so i taught the israelis the expression. the same is here -- there's too much leaking and too much information. we don't know where it's coming from but it erodes confidence and we're allies and we have to deal with iran. we can't have this kind of back and forth in the american press. >> so the big question is why? who would benefit from putting out a leak like that and remember, when netanyahu was here recently, the prime minister of israel and met with president obama, there were some inside reports that possibly the president asked netanyahu, hey, don't attack iran until after my election. until after the november election. so then you have to ask, well, then why would a leak? who would that benefit if it was out to the world what israel's plans were going to do. remember, israel also made headlines by saying they would attack without the united states permission. >> how would you control that, perhaps? maybe you control that by leaking out the plans and you have to wonder.

>> exactly right and to gretchen's point, reportedly the president said you want those bunker buster bombs? got to wait until after november. or else. all right. meanwhile, 27 minutes before the top of the hour. let's take a look at other stories making headlines on this thursday morning. we're getting to hear the frantic 911 calls moments after a small plane crashed into a publix store in florida. >> we have a plane crash. it's in a publix. i got the store on the line. i got people screaming get out, get out. >> on the top of publix and it's on fire right now. >> plane went down shortly after takeoff on monday and lost power and crashed through the roof of the store. five people were hurt. the pilot and co-pilot remain in serious condition. investigators hope the plane's gps system will help figure out exactly what went wrong. >> a judge yesterday ordering the jet blue pilot who had a mid-air meltdown to have a

psychiatric exam. you're looking right now at captain clayton osbon after a hearing earlier this week. the test will determine if he was legally sane when he had the meltdown, foaming at the mouth on the vegas bound flight. the tests will determine if osbon is competent to stand trial. he's been charged with interfering with a flight crew that could mean 20 years behind bars. >> call him a smooth criminal. you're looking at a burglary suspect caught busting a move on surveillance video. it happened in galveston, texas, the guy broke out into dance after an equally bizarre crime spree where he allegedly vandalized one of those duck tour vehicles and made off with a fire extinguisher. police are looking for this guy. they are hoping they will recognize his dance moves and turn him in. >> meanwhile, too fat to work? a texas hospital now under fire for refusing to hire applicants who are simply overweight. the citizens medical center says all employees must have a body

mass index, a bmi, that is lower than 35. that's about 210 pounds for somebody who is 5'5". policy does not appear to be illegal in texas. the hospital's chief executive saying "the majority of our patients are over 65 and they have expectations they cannot be ignored in terms of personal appearance. we have the ability as an employer to characterize our process and have a policy that says what's best for our business and our patients." >> all right. you know what today is? today means the opening day for baseball all across the country. >> major league baseball sent over jerseys. there you go. and we also have the crew dressed up in their favorite jerseys. there you go. i forget all these people's names. who are these people? i'm not sure. >> you got mets, yankees, blue

jays and of course, the jerseys. >> if you want to look like a pro, go to majorleaguebaseball.com. good job. very good. the world series champion cardinals did not miss a beat in the opener against the marlins in their brand new stadium in miami. boxing legend muhammad ali throwing out the first pitch. the cardinals pitcher was outstanding and flirted with a no-hitter holding miami hitless through seven. nice christening. st. louis went on to win 4-1 spoiling the marlins' first game in their new home. a high school freshman in hawaii totally wins over the crowd even though he finishes last in a race. watch this. it's honolulu mid pacific institute's christian vellos there running at the right. he loses balance and falls and had some fun. i believe that can be described as the worm across the finish line and goes straight down and pops right back up. even gets a handshake from one of the coaches. but as pointed out earlier, our camera operator, he fell down,

but he didn't -- he didn't make a fun and games -->> auto he kind of laid there. >> got up and finished the race. >> next time he beat you, right? >> technically, yeah. >> next time you do the story, you have to do the side-by-side comparison. >> all right, we have another comparison we're working on. >> despite high gas prices, americans are still buying trucks and s.u.v.'s, the number one selling vehicles in the united states. so our own ainsley earhardt we sent over to the new york international auto show with a preview of the newest models about to hit the road. which one are you going to pick out? >> good morning, gretchen. this one right here is pretty cool. this is the world debut. no one in the world other than the guys who worked on this truck have seen it so we're going to reveal it to you this morning and we're here with alan taylor with "motor trend" magazine who is our expert on trucks. what makes this so unique? >> before i show it to you, there's a lot more going on than just the skin of the truck. it's all underneath from the frame of it. it's got a new frame. it's got an eight speed

transmission. it's a first. air suspension. >> then stop talking about it! >> all right. world debut. here it is! >> there it is! >> it's like the $6 million man truck. it may not look a whole lot different. it is completely different. inside -- >> did i hear someone say venetian blinds? >> yes, inside the truck is different. they've done everything to make this a better truck. but venetian blinds, yes. truck guys and gals love to haul things. they have to have the ability to keep that engine cool. there's a set of blinds behind the grille that will open and close as the truck needs to cool off. everything. you're talking best in class fuel economy with this and the best in class right now is 23. this may get 24, 25 miles to the gallon. >> and v8 engine. >> and v8 and the aerodynamics of a car. awesome truck. >> this is the new ford escape. >> best in class here again. here we have something that's the america's best selling small s.u.v., the ford escape, they've done such a great job redesigning, restyling. it has an ecoboost, several

different engines you can buy. even a hybrid. >> push a button. and it parallel parks. >> it does. it will park for you. >> check out the back, though, there's a thing where you can actually just kick your leg underneath. >> so if you have an arm load of groceries and you're walking out in the parking lot, all do you is kick your foot underneath it. i think. >> there it goes. >> isn't that cool? that's so awesome! >> it has a lot of great technology built into it. and again, very reconfigureable because the youth of america want to be able to have their stuff in there, all their electronic wizardy. >> your daughter has this car? >> my daughter has an escape and loves it but this is the newest one and here it is the debut at the new york auto show. >> very pretty. what about this one? this is the toyota tundra and americans love their trucks. >> americans do love their trucks. they love american made trucks and even though it's a toyota, it's made in america! and it's a big point to make. >> made in san antonio, texas. >> exactly. you know, this is going to have a huge towing capacity. toyota is real good.

they know americans want their trucks and they love big trucks. >> spacious. >> huge. look at the size of the door. very comfortable but 10,000 pounds. 10,000 pound towing capacity with this as well. >> ok. known for its dependability, right? >> there was a j.p. power award for dependability six years in a row. >> thanks so much. stick around because at 8:30 we'll show you more affordable cars, cars you can buy under $25,000. back to you in the studio. >> thank you so much. live report from the west side. >> affordable is the key word. other plane that's a car or car that's a plane over $700,000, right? >> $250,000. >> they already had 100 orders on it. >> they're flying off the shelves. >> name on the list. >> coming up on this thursday, is the president out of line for calling out supreme court justices or is that actually within his right? our constitutional expert judge andrew napolitano weighs in coming up next. >> gas prices have doubled under president obama so let's do the math. if he stays in office, will we

expect more? $8 a gallon? one economist says it could go that high? huh? >> peter maricci. >> next. save big on great gear at bass pro shops and basspro.com, like... plus, bring the kids for a free picture with the easter bunny.

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about a day. terrific. investigation also says there is no evidence that the energy department addressed concerns about the company before they went belly up. gretch? judge? >> the president's department of justice only have until 1:00 p.m. today to issue a statement to the federal appeals court. if they agree with the president that it would be inappropriate for the supreme court to strike down the federal health care law. fox news senior judicial analyst judge andrew napolitano is here for my many questions on this topic. good to see you. i was e-mailing you in the middle of the night saying ok, so, this federal judge in texas heard what the president said about calling the court activists. >> panel of three judges. >> panel of three judges. but the one decided to call out the department of justice lawyer in a texas court the other day and said, you know, do you agree with what the president said and by the way, i expect by thursday at 1:00 a three page single space document about what the department of justice's beliefs

are. >> yes, you described exactly what happened except for the order of the three-page document came from three judges, not just this one. they went back and they deliberated on it. they voted and they issued an order. if the president had said it's constitutional and it would be foolish and wrong for the court to invalidate it, that's a perfectly legitimate argument for the president to make. he didn't say that. he said the court is without authority to invalidate this statute. that is an unacceptable, utterly inaccurate absurd statement to come from a president, from a lawyer, from a former professor of constitutional law who taught this very subject at one of the best schools in the country. >> a question i had yesterday was now the department of justice has to come up with this three page document. what happens if they don't present it at 1:00 today? >> they would risk being held in contempt and because this was a direct order to the attorney general himself, eric holder, it wasn't just an order to the justice department, it was an order to that guy, who wasn't in

the courtroom at the time, he could be held in contempt by these federal judges as recently as a year ago. judge martin feldman in new orleans held the secretary of the interior in contempt for failing to process drilling permits as the judge had ordered him to do. >> here's the thing. you believe no lawyer for the justice department would take seriously what the president said, that they would agree in which the way the constitution is written. >> yes, because they understand 200 years of well settled essentially unchallenged laws. >> eric holder yesterday, our attorney general called the president's comments appropriate. >> well, here's the task of eric holder. he has to separate politics from the law. and politics, what the president said at his press conference really shouldn't seep into the courtroom. attorney general holder will enhance the credibility of the government, his own personal credibility and he keeps politics out of this. >> exit question. this three page document comes into the court today. every single word is going to be

parched, right? speaking of politics, journalists and everyone around the world will be looking at this document to try to analyze it. do you agree with that? >> yes, i do believe that will happen. i think the president really believes the statute is going to go down. i think he read the same transcripts and listened to the same oral arguments the rest of us did and he's sort of preparing the political road for attacking the judiciary for doing its job. >> all right. very fascinating topic. we'll all be waiting at 1:00 p.m. to see what happens. have a great day. >> pleasure. happy easter to you. >> you as well. thank you. >> thank you, gretchen. coming up, taking the god out of god bless the u.s.a. that's what one school tried to do and the man who wrote the song, lee greenwood not happy about it and let's do the math. gas prices have doubled under president obama and he gets re-elected in november, one economist say we could be paying $8 a gallon coming up soon. he's next. wake up!

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>> could you soon be paying $8 a gallon for gas? our next guest says it could happen in your neighborhood very soon. peter is an economist and professor of business at the university of maryland joining us live. how do we get to $8? why do you think that? >> it seems to be the administration policy. secretary chu said in september of 2008, you know, we want to figure out how to get gas prices in the united states up to european levels. six weeks later, the president made him secretary of energy. when the president took office, gasoline was less than $2 a gallon. now it's almost $4. they've doubled it in three years. these are very creative and

effective guys. they know how to do the economically dumb very well. there's no reason to believe that secretary chu can't get it up to $8 a gallon given the growth in the global economy, recovering, scarcity of oil, america won't drill. yeah. >> steven chu, by the way, said i did say that. that's when i was in the private sector. i feel different now. >> september of 2008? during a presidential campaign, looking to become secretary of energy, no. that was a statement of this is what i will do if i'm secretary of energy and he's delivered the goods! he's shut down the gulf! continued bans on both coasts. you know the story. >> $3.94. that's the story right now. you feel as though it could double. this is the other retort we always hear. the president can't do anything about gas prices. what's the truth, peter? >> well, if you start drilling now, you're not going to have lower gas prices tomorrow morning. however, the u.s. market is somewhat separate from global markets. it used to be that west texas intermediate virtually the same price. now oil is about $15 to $20 a

barrel cheaper here because refineries are specialized in the oil that they refine that they use. if we were to drill off the atlantic coast and in the gulf, these northeast refineries that are closing because they can't afford very expensive imported oil would have somewhat less cheaper oil. more important, we wouldn't be sending the money abroad. >> isn't the president almost agreeing with you by saying we're asking saudi arabia to drill more and pump more? why can't we do that, correct? >> remember what tonto said, man speak with forked tongue? why should the saudis drill for more oil if we won't drill ourselves? why should they produce oil when we won't use our own facilities? the president says during a presidential campaign, look, oil production is up in the united states. prices have doubled. production is up only 12%. the reason is we're drilling in old fields that are used up on land. if we were to develop off shore resources, we could easily increase u.s. oil production,

four million barrels a day, cut our imports in half and add 2 1/2 million jobs in the american economy. >> if we don't do the things you're recommending, you think we'll be paying $8 this summer? >> no, not this summer. by the end of the president's second term, we could see $8 a gallon. >> $8 a barrel. we could deal with that. thank you so much. looking forward to talking to you again and seeing you in the next kia commercial. >> take care. >> need a passport? better pay your taxes. congress' plan to make you pay. we'll go inside the cockpit with a woman who had to land a plane when her husband died at the controls and she was not a pilot. [ female announcer ] ready for a taste of what's hot?

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a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually se arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammatio plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. a celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naen, and melocam have the same cardiovascar warning. they all may increase the chance of heart attack or stroke,

which can lead to death. this chance increases if you have heart dease or risk factors such as high blo pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach anintestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. do not take celebrex if you'v had an asthma attack, hives, oother allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. >> check your calendars, april 5th. i'm gretchen carlson. thanks for sharing your time with us. two days after taking a swipe with the supreme court, the

obama administration down playing the controversial comments but should you buy it? there's somebody who doesn't quite yet. >> i refuse to accept the notion that obama doesn't know what he's talking about, doesn't understand judiciary review and doesn't know what marbury vs. madison is. i think he's doing something entirely different. >> what does rush think the president might be up to? more from both sides straight ahead. >> all right, the president offering an olive branch to the muslim brotherhood. why does the group with small ties to a terror get a sitdown at the white house? >> oh, boy! it's one of the most patriotic songs there is in the united states, lee greenwood's "god bless the u.s.a. ">> ♪ cuz there ain't no doubt i love this land ♪ ♪ god bless the u.s.a. >> brings tears to a lot of people's eyes. now one school going from god bless to god less.

they're deleting the religious reference from that song. where are they doing that and why? you'll find out in this hour of "fox & friends" hour two for a thursday starts right now. >> i'm getting nervous now. i'm nervous because in about 90 minutes from now, one, two, or three of us are going to put on a swimsuit and go into that pool. >> that's a headline, gretch. absolutely. >> it depends. >> somebody was suggesting that i should not put on a green bikini. do you remember why? >> because you were in a green bikini. >> on the weather wall, green is extracted and then you see right through that. >> i want to know what the temperature of that water is. >> it's 50 right now. >> they're saying it's being

heated. >> they told you the last time you got dunked in the tank, too. >> where is the heater in that thing? auto >> i'm just telling you what they told me. >> unless someone throws a hair dryer in there. >> we're doing it because dara torres will coach us to more success in the pool, in the water. we have a busy two hours. don't miss it. in the meantime, let's talk about this. man, they were in full spin zone at the white house yesterday trying to explain what the president of the united states was talking about on monday when he said that the supreme court really should not make an unprecedented step and declare his health care law unconstitutional. yesterday, ed henry and jay carney got into it. >> for a change. >> yeah, for a change. as he was trying to spin his way out, jay carney says everybody knows what the president was talking about. he wasn't talking about that, absolutely not. really? let's see if it's clear to you what he was talking about.

>> most average americans know about a supreme court case 75 years ago. come on. >> what's your point, ed? are you suggesting -- i want to know, are you suggesting -- >> the impression that the whole thing would be unprecedented. >> i'm telling you and he told you and others like me have said actually on the day of as well as after that what he meant and what he made clear yesterday and he was a law professor and he understands constitutional law and constitutional precedence and the role of the supreme court with reference to the supreme court's history and its rulings on matters under the commerce clause. >> about the president saying a strong majority of the democratically elected congress, as you know, the house passed a health care bill 219-212. >> it's a fact. >> here we go with the fact. imagine that. it was not -- it was not a strong majority. i mean, the republicans pushed through the ryan budget with the republican votes.

you guys would not call that a strong majority, would you? >> no. >> this is the day that you don't really want to be the press secretary for the president of the united states. i mean, maybe one of his toughest days on the job other than the bret baier interview he did on the budget the night before. a tough week for the president and for jay carney and actually, it wasn't just our own ed henry asking tough questions. it's now maybe turning a little bit. there were other people in the press corps yesterday. >> nora from another network. she was taking him to task on what the president meant with a lot of words that he used in that one sentence. >> jay carney did go on to say this wasn't a matter of intimidation. that's been the insinuation. it was just an observation that the president made. in terms of what the president was going for with the statements on monday, was it a slip of the tongue or was this a tactic? rush limbaugh postulated that on his show. >> we want to go from the

smartest, most sophisticated, most aerudyte, messionic political figure in our history in 2008 to he's stupid? is that really what you want us to believe? because i simply refuse to accept the notion that obama doesn't know what he's talking about. i refuse to accept the notion that he doesn't understand judicial review and doesn't know what marbury vs. madison is. i think he's doing something entirely different. he is appealing to the dumbest, the most uninformed and what he's basically telling them is this court is going to take away your health care that i've given you. that's what he's -- and he is counting on the dumb and the stupid to believe that, to not read any of these law professors who are correct. >> and one of the law professors, larry tribe, the esteemed professor from harvard who was barack obama's law

professor said the president got it wrong. he misspoke. it was confusing. also, it was confusing is what exactly is the white house up to, you know, for them to -- some have suggested that, perhaps, they know -- they heard the preliminary count on friday from the supreme court. they know it's going down. health care is so they're trying to prepare their base to inflame them for november. but the key has been for this administration to not talk about his record. not talk about the economy. so what do they do? he attacks the supreme court and now this has completely backfired. >> yeah, i don't think that they needed to get a leak from the supreme court to be worried. all they had to do was listen to the testimony last week to see that the justices were asking probing question. >> his former solicitor general sits on the supreme court. would it be extraordinary for her -- >> brian had this discussion on the radio. the idea that a supreme court justice would risk their entire career by leaking any information, they are not allowed in that room. it's only the supreme court

justices and i find that highly unlikely. all you have to do is listen to the testimony from last week and if you're the president of the united states, you may be nervous that your biggest piece of legislation may be going down. >> by the way, the president -- the justice department is responding to the request to get the three pages single spaced, two of them by today. now to the headlines. >> today, texas governor, rick perry speaking of texas will take an aerial tour of the damage from that devastating twister outbreak. this as we hear some incredible tales of survival. one family saying they left their home 10 minutes before it was completely demolished by a truck sent airborne by the wind! >> you have to see it to believe it, yes. this is not even the whole thing. we have part of this 18-wheeler here. but it broke off on the end and that was actually in the living area. >> the national weather service confirming up to 13 twisters touched down in a few hours' time. incredibly with all those storms, nobody was killed. the target of that oikos

university shooting speaking out. police confirming that he was targeting the nursing director because she denied his request for a full tuition refund after he dropped out of the program. she said "i think he was looking for me." she was not on campus the morning of the shooting. meantime, 43-year-old goh was officially charged with murder and he opened fire at the small christian college and he killed seven people and wounded three. egypt's muslim brotherhood getting an invite to the white house this week? a representative for the group met with low level national security council staff. the administration reportedly reaching out to all emerging political parties following egypt's revolution. the muslim brotherhood is an islamic group with strong ties to terror. this week they announced they will be putting up a candidate in egypt's presidential election. we told you about this story earlier in the week. an 80-year-old wisconsin woman lands her husband's plane after he has a heart attack and dies

while piloting mid air. we're getting the first listen of what things were like inside the cockpit as she took instructions from the pilot over the radio. won't believe how calm she was. >> i think i'm going to run out of fuel. somebody better get here in a hurry! >> it will be a little bit of a flight lesson. >> my gas gauge shows nothing. >> she's not a pilot. her husband is sitting next to her out, unconscious. they were on their way home to wisconsin from florida. he did pass away. those are your headlines. >> she landed the plane. >> god bless the u.s.a. >> how many times has lee greenwood been on this program and sang that song? absolutely. there's an elementary school up in bellingham, massachusetts. they have an upcoming school assembly and they're going to sing mr. greenwood's song, that was the intention but rather than saying "god bless the u.s.a." they changed the lyrics

to "we love the u.s.a. "they took god bless out. it's god less. >> well, some parents had a bit of a problem with that. and some other folks. and so now they've decided that they won't sing any songs at that april 12th -- there you go with p.c. again. instead of putting the song back as to what it actually is, now they're not going to sing any song. because they probably don't want to offend anyone else for actually putting it back to the original. it's so confusing, you can't even -- >> this is a very offensive song. >> right. >> it really is. >> here's what lee greenwood said about his song. most important word in the whole piece of music is the word god which is also in the title "god bless the u.s.a. "we cannot take god out of the song. we can't take god out of the pledge of allegiance. we can't take god out of the american currency. >> in god we trust it says on the dough. what do you think? e-mail us, friends at foxnews.com. why do you think that school had the bright idea to take god out of god bless the u.s.a.? >> all right.

coming up straight ahead, we've been talking about the president's fight with the supreme court but this may be no accident. why the controversy might be all part of a plan. then -- >> a burger king ad with mary j.blige singing about a chicken wrap popped up this week and quickly disappeared. now we know why. controversial, we'll explain.

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>> it's the story weaver been talking about all week long. president obama taking a swipe this week at the supreme court's power to overturn the federal health care law. remember? >> i'm confident that the supreme court will not take what would be an unprecedented, extraordinary step of overturning a law that was

passed by a strong majority of a democratically elected congress. >> with unemployment still above 8% and the average cost of gas per gallon $3.94, is the president's criticism of the supreme court a ploy to turn attention away from the economy? joining us right now for the traditional debate, fair and balanced, if you will, co-host of "the five" juan williams and andrea tantaros. you know who is who. we'll reveal it later. and you wrote about in "the daily news" today. tell me, is there a method to the attack. >> i think he screwed up big time. i mean it is unprecedented to have a president not just go after the court. i mean, we've seen obama do this at the state of the union but actually now, his administration has to defend those criticisms in court because of the fifth circuit appeals can go asking him to actually write a brief on marbury vs. madison. this is a huge deal, brian and it hurts the president. i'll point out, this is how constitutional crisis starts. when you have one branch of

government undermining the other branch of government. i know that liberals, some liberals have disdain for the constitution because it was put in place to limit the vast expansion of government. so that must be very frustrating to the president. that must be very frustrating. >> with andrea saying it was a tactic, it hasn't worked. juan? >> well, i don't think it's a tactic. you know, i mean, i think the economy is on the upswing so i don't think it's intended that. andrea says it's a distraction that the president screwed up. you know, the president didn't screw up, this is a very political supreme court and you don't need anybody to lecture the president about law. the fact is that if you go through the recent history of the court, you have bush v. gore, you had a purely political vote. five republicans on the court vs. the four democrats on the court saying that if you drop your lunch on the street and get arrested for it, you can be strip searched. so what we're seeing is a very political court and i think the president took a swing at saying

don't act in such a political manner that you overrule all precedent in terms of the commerce clause. >> right. juan, i also think -- andrea, i think it's important to know when the president is commenting, while they're deliberating. he's not commenting on a conclusion or opinion or vote, he's almost laying the groundwork before it even happens. >> it's very f.d.r. putting pressure on the court. i would point out, why have a constitution if you have a politicized court? the president should have kept his mouth shut. he does believe what he says. he needs to be lectured on the law and he needs to be told when he said this is historically unprecedented. no, it's not. the case that he's even asked his administration is asking to be briefed on, marbury vs. madison is an example of the court overturning that. >> i'd like to say, andrea, you know what? that fifth circuit court request is so political, it's embarrassment that an appeals court judge would get involved in something that's not before him and into a political matter.

what you have here is a situation where typically conservatives are the ones who are preaching judicial restraint and not political action by unelected officials and when the tables have turned and president obama does it, you say oh, he's a terrible man! >> juan, a president criticizing the court is terrible behavior but beyond that, a lawyer criticizing a judge, that is awful behavior! really. that is -- you can criticize judges all the time, there's guidelines for how lawyers should behave. obama knows better. that's very rare. >> in your opinion, monday's comments came from a question, do you agree that or disagree that it was something talked about prior to the week in terms of objectives, i'm going to attack the case when this is brought up which inevitably it would and i'm going to start taking on the court to help me get re-elected or is that just the president acting on his own? >> i think it might have been a

strategy, you know, i think that in fact it was intended as a brushback pitch to the court because i think chief justice roberts is very aware that in terms of the legacy of this court, it is teetering i think its credibility with the american people. the court is supposed to be impartial and not a very political institution. it's simply supposed to reign in institutions, the executive and the congressional when they go overboard and here was the president saying you know what, chief justice? be careful here because i'm willing to play this political game. >> a game. a game with the supreme court. that's his political strategy, that is -- that is really dangerous. really dangerous. >> unfortunately, we'll have to end it here. one thing is also certain, you know exactly the liberal judges are going. you don't know where the conservatives are going. juan and andrea, looking forward to seeing you on "the five." >> you got it. see you later. >> who do you think won? coming up straight ahead, for years, women have been taught

that early he detection of breast cancer could save their lives. a new study adding doubt to that claim. what are we supposed to do? member of the a team here. plus, better pay your taxes. congress' plan to make you pay. wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. if you want a luxury car with a standard power moonroof,

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>> go? time for news by the numbers. i'll go now. first $50,000. why an american -- why an american who owes that much or more on the i.r.s. in back taxes may be banned from leaving the country. a bill enforcing this cleared the senate making it one step closer to becoming law.

next, $28,000. that's how much it's costing taxpayers in philly for city councilman jim kenny to tweet. he's using taxpayer money to pay someone to handle a social media web site. finally, $0.10. that's how much more you may be paying for a scoop of ice cream this summer. a vanilla shortage is driving up the cost of the frozen treat. gretch? >> wow, that's making me hungry. thank you, brian. wisconsin teachers upset with governor scott walker and his anti-union law may be trying interesting tactics to boost their recall efforts. >> take a look at this. in a video posted on line by a wisconsin based think tank, leaders of the community organizing group the i.a.f. are seeing arriving at a meeting with members of the wisconsin teachers union. >> that group, the i.a.f. which started by the controversial saul wolinsky for his radical

methods of organizing. joining us now with more kyle olson, founder of the education action group. good morning to you first of all. >> good morning. >> explain how you see this scenario working out in wisconsin? >> well, it's a troubling sign because saul and his organization industrial areas foundation has really been the blueprint for union organizing, for union negotiating and those sorts of things so to see his organization coming into the state, organizing and training the union staff, i think is a very disturbing sign. if you look at his tactics, if you look at his theory of how to divide a community. how to pit one against each other. how to isolate the target, those sorts of things, that's not what we need in our schools. >> no kidding. but it shouldn't be surprising from all we've heard about some of the union activities there in wisconsin. now, we understand that also,

some of the tactics that are being used are from a book by jim rooney called "organizing the south bronx." it includes things like this. i.a.f. leaders are brazenly explicit about their appetite for power, ok? but this next one really bugs me a little bit. there is no nice way to bring about change. all change comes through pressure and threats. and kyle, we've seen a lot of that in wisconsin, haven't we? >> that's right. i'm sitting in madison today. and it's a very politically charged environment. and of course, you've got the recalls coming up in june and that's, again, that's what's disturbing about this is that the unions think the way to get what they want is through that pressure, through that agitating, through the threats and that sort of thing and that's not the way we should be operating our schools. >> i want to point out two of the other pages in that particular book. increased militancy by polar

iegz the situation and identifying the situation in terms of good guys and bad guys and it's essential to have a right target being a person and building animosity towards him or her. that sounds like some of the things we've been hearing out of wisconsin. there's that janitor who was fired because she had in her car window a bumper sticker supporting governor scott walker. is that what this is kind of alluding to? >> right. well, and the target obviously is scott walker because there was an assembly that passed act 10 which was the budget bill but the target is scott walker and everything is about scott walker and i know you have reported and many others have reported about the ugly signs that, you know, that have been shown with hitler mustache and the protests and the threats. the threats on his family. all of those sorts of things and again, it is to isolate him, to marginalize him, to demonize him, in order to get their way. >> sure. i kind of feel sorry for the teachers who are not political, you know, they're in the center or they're on the right and

they're getting the stuff jammed down their throat by the teachers union. by the way, we did reach out to the wisconsin education association, they did not respond or comment to "fox & friends." we thank you very much for bringing this to our attention. >> thank you. >> thank you. >> you bet. >> here's a question for you this morning. did you see it and then you didn't? where did this ad go? a video with mary j. blige singing about a chicken wrap popped up this week and quickly disappeared. now we know why. >> and did you hear this? more people now owe money on student loans than on credit cards. so how the heck do you get a handle on that? dave ramsey joins us with the answers straight ahead. in my line of work, it's not uncommon for the term "hero" to be bandied about.

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>> who is the vice president? >> oh, joe biden. >> you know why they call him joe bite em? >> he bites people. >> for real? >> you know why? his older brother when he saw people he didn't like, he'd say joe, bite them! >> our vice president. >> that's fantastic. very nice.

>> jimmy kimmel last night. we have a lot to get to this block. 28 minutes before the top of the hour. >> we prepare to swim. a brand new report, iran may be working to fuel anti-american sentiment in afghanistan. that warning coming from some top u.s. security officials, among other things, they say the iranian government sent undercover agents to afghanistan back in february allegedly to instigate outrage over that accidental quran burning by u.s. troops. there's concern that iran may be trying to funnel advance weapons into the country. >> doesn't sound like the iran i know. discharge hearing will go forward for a camp pendleton marine who publicly criticized president obama. gary stein is facing other than honorable discharge for a facebook post where said he wouldn't follow orders given i the president. he believes he was exercising free speech rights. the judge rejected his request to stop today's hearing. the military has a policy to

limit free speech by military members. >> they are calling on mexico to reimburse the united states for all the money it's spent on illegal immigrants in particular for the state of texas. the state spends $6 to $8 billion a year on about 1.6 million mexicans living illegally in texas. he took the unusual step of writing a direct letter to president felippe calderon to start a dialogue about the issue. larson is not expecting to receive a response. >> not going to get a check in the mail either, i doubt. burger king trying to douse the flames after the latest commercial featuring r&b singer mary j. blige fanned fan outrage. >> ♪ crispy mcchicken ♪ tasty ♪ flour tortilla ♪ crispy chicken >> so so it appeared on line

singing about the newest item on the menu. some say it highlights a negative stereotype. burger king has pull the ad but blames a music licensing issue rather than criticism. blige speaking out about it. she said "i agreed to be part of a fun and creative campaign that was supposed to feature a dream sequence." unfortunately, that's not what was happening in that clip. >> i don't know, though, the controversial part, the words, she must have known she was sing those words. so i don't know. >> it's a wrap on the chicken wrap. let's take a look and find out where you're going to need a wrap or umbrella today and the answer is take a look as the doppler and radar combined shows you much of florida is getting thunderstorms this morning and in fact, it looks like some rather heavy stuff in very southern florida at this hour. also, widely scattered showers and thunderstorms as well moving through porptions of dixie sf land and through the mid atlantic through porpgss of the central plain states. current temperatures as you head

out the door currently it's 42 degrees in new york city. that means when we hop into the swimming pool here in about an hour and 10 minutes, it's going to be close to freezing. and i'm submerged. 59 currently in raleigh. 70 currently in tampa. later on today in tampa, almost 86. that's where we should be swimming. 78 in atlanta. and it's going to be 58 for the high temperature here in new york city. mr. kilmeade, let's talk some sports! >> yeah, for the mets home opener in baseball that isn't even sold out. they give away the tickets, the rangers, i'm sure you can't get a ticket. nolan ryan will have trouble getting it because they're so hot. mlb.com sent over these jerseys so our crew can look festive. champion cardinals did not miss a beat last night in their season opener against the marlins. cardinals pitcher kyle loesh was outstanding and flirted with a no-hitter for seven. st. louis went on to win 4-1 spoiling the marlins' home opener when they finally got a

new stadium and do you remember -- well, first off, let me say it to this. earlier in the show, we showed you a runner in hawaii who was winning a race and let's take a look at that footage and he, it's just agonizing! he falls down and loses the race but has some fun in the end. and i'm watching this, he has some fun. got to give him some credit. this isn't the first time a youth sporting event has gone awry in hawaii. do you remember this? the year 1973. the surfer greg brady. he's surfing away. and down. he goes and hits the -- he hits his head on his own necklace. the tiki idol, he's knocked unconscious for a while as all the bradys ran into the water. it looks like he was in dire straits. there's the plane that the bradys flew in on. he ends up ok and the bradys had a good time. very similar. it's eerie.

>> you remember what else happened on that particular trip to hawaii? >> no, what else happened? >> the ta -- tarantula was on his chest in his bed. >> down goes greg! >> isn't it scary that we remember every episode of the brady bunch and now i have all -- >> take your time. it's only your oldest son. you think you'd be sprinting a little faster. >> the swimsuit was too tight! >> speaking of swimsuits, which one of us is going to be in one? anyway, remember when going to college was part of the american dream? maybe not anymore. for the first time in american history, u.s. student loan debt has topped the $1 trillion mark. >> how did it get this bad? how can we get a handle on it? >> personal finance expert dave ramsey is here. dave, the kids are in debt. what do you do? >> i think that's probably what knocked greg brady off the surf was his student loan debt. >> student loan! >> all right. i'm going to read an e-mail from you and we'll get it started. aaron from montana says how do

you feel about a student loan consolidation? is it a good idea? we have over $100,000 in student debt together. >> oh, man! >> it doesn't hurt anything to consolidate it. it doesn't make it go away. it piles in one pile instead of six piles. it might get you a better interest rate. the interest rate isn't the problem, it's $100,000. you'll be on beans and rice, rice and beans for a while cleaning that mess up. >> maybe they should have had some jobs going forward before you accrued all that. meanwhile, from south dakota and marsha, marsha, marsha, i have co-signed one of my children's student loans. i am a single parent and couldn't afford to pay for their school. that particular child is now sticking me with these loans. am i stuck with these until i pay them off? that is a great and scary question. >> well, obviously, when you co-sign a loan, it means you've signed the loan with someone else. you're stuck with them. you're stuck with them and so

that's why we tell people to never co-sign and if a single parent is looking at a child going to school because they can't afford, they need to look into scholarships and pell grants and decisions on where they go to school. choose a cheaper school so you don't get in these kinds of messes. never co-sign a loan. you always end up paying it. >> ok and john from ohio has this question. my wife and i have two student loans. my wife doesn't want to pay my loan first because she recently saw a movie where a husband paid off his debt first and left the wife with the remaining debt! >> movie. >> my principal balance and interest rate is more than hers. is she crazy? should they pay both loans off together? i like this question. how are you going to answer this? >> i'm not sure i know if your wife is crazy or not. >> that's another program. >> whole another day. >> the situation is there's probably some things going on in the marriage here and if the marriage is unstable to the point that a movie makes you distrust whether or not your husband is going to be around, then you've got some things

going on as to whether or not who pays what? if everything is good in the household, pay off the smallest debt first. >> don't bad mouth movies. brian just based his sportscast on an episode of brady bunch. thank you for joining us today from nashville. >> thanks, guys. >> coming up, could breast cancer be overblown? new research says yes and doctors should cut back on diagnosing it. that sounds controversial. dr. siegel here to sort out what you need to know. >> and o.j. is innocent? one detective says o.j.'s son is the real killer. joins us next. i'm doing my own sleep study.

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>> 45 minutes after the top of the hour. welcome back, everyone. it's long been believed that early detection of breast cancer through routine mammograms a life saver. but now a new study is casting doubt on those claims. according to researchers, the exams often lead to surgeries and radiation on tumors that may have never become life threatening. joining me now is more on this is dr. marc siegel, part of our medical a team and associate professor of medicine at new york university. good morning to you, doctor. >> good morning. >> study out of norway estimates that 15% to 25% of breast cancer found by mammograms would not have caused any life threatening problems. what is this going to do to mammograms and early detection? >> well, first of all, let me start by saying i think this is an amazing study because they took the whole society of norway over a 10-year period when they were starting to give everybody mammograms and they compared those who got them and those

that didn't. and they found in looking over 40,000 women that there's a lot of overdiagnosis going on with mammograms. 15% to 25% of women were told they had breast cancer that probably never would have had an impact in their lives or killed them. but let me tell you, though, something. that means that 75% to 85% have breast cancer that would have been a problem. and gretchen, you can't tell the difference. so i think that people may try to spin this as we're doing too many mammograms, i don't think so. i think it comes down to the art of medicine and i think it's an extremely useful tool and i think 75% is a whopping number of women who can be helped. i think if you ask a woman out there, do you want to know if you have breast cancer or not? of course they do and it's up to a great doctor to figure out what to do with it. >> this factors into the whole health care discussion we're having in this country right now. some people who do not like the idea of obamacare were concerned that some of these preventative measures like mammograms might

go by the wayside. could this study now be used to defend that position? >> i think it could be used to defend that position. i think it will be used to defend that position. and that's the whole problem. good guy, bad guy. good test, bad test. that type of thinking leads to rationing of care. it's a very bad idea and mammograms are an extremely good test. they're relatively inexpensive. of course, somewhat uncomfortable to have but i use them -- >> how would you know, doctor? i've had them! ok? >> by report. >> i got to get to this because this is a promising new lead in a cancer that's horrible. pancreatic cancer, life expectancy never a good thing here. what is it? >> this is an amazing new vaccine that's in the early stages that basically takes a smallpox virus and injects it right into the cancer, pancreatic cancer and teaches the immune system to attack the cancer. because gretchen, we don't usually look at cancer as something foreign. it really is. the body doesn't notice it early

enough! with this vaccine, it says wait a minute, what is this? and it attacks it and it starts to fight it. we're using this technology of vaccines against cancer in all different kinds of cancers. we have it in prostate now. we're doing it with melanoma. and now with pancreatic cancer. i think this is extremely promising and i think it's the wave of the future but it's still years away. >> all right. good news for so many people who get that diagnosis. >> very good news. >> all right. dr. siegel, great to see you. >> great to see you. >> the president calling out the highest court in the land. what's going on here? is he playing politics with the supreme court? peter johnson jr. here next on that. on this day in 1972, america had the number one song with "a horse with no name." wake up!

that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption.

>> 48 hours after president obama gave the supreme court what appeared to be a warning to not overturn his health care law, attorney general eric holder now weighing in on what the president meant. >> i think that, you know, what the president said a couple of days ago was appropriate. he indicated that we obviously respect the decisions that courts make under our system of government and since marbury vs. madison, i think it's back in 1803, courts have the final say on the constitutionality of statutes. >> it's nice that he would say that although it didn't sound like his president felt that way. today at 1:00 p.m., the attorney general must answer for the president again and write a three page letter single spaced to a federal appeals court, the fifth. so what will the attorney general say? fox news legal analyst peter johnson jr. has some ideas.

>> good morning. i think he's going to -- it's going to be a full throated defense, a, of the power of the supreme court. and b, i think it's also going to point out the problems inherent with supreme court oversight. so in essence, it's going to be a political document. and in many ways, it's going to be a manifesto for the 2012 election. this is just a three page single spaced legal document. no. no. it's going to articulate the world view and the constitutional view of this president and it's going to set into place a great political issue for 2012. and the political issue is isolate and intimidate the supreme court. and set upon the supreme court fear and loathing. and so when we hear attorney general holder talk about what the president said, you just made reference to it, that's not what the president said. the president said that the supreme court didn't have the authority that we know that it has under a marbury vs. madison

and other cases before marbury vs. madison. and so they're seeing a "washington post" pugh poll, probably internal polls that say 32% of democrats have less of an opinion of the supreme court after the obamacare argument, 14% of republicans have lesser an opinion and so they're saying this is our pressure point. and so they'll say oh, yes, we give all due credit to the united states supreme court and our great constitutional history. they have a wonderful power but it's a power to be exercised with restraint. >> it will be interesting, peter, to see whether or not he does make political points in his three-page single spaced argument. do you think that the white house thought this through going in? like let's not talk about the economy. let's talk about -- we think health care is going down so we're going to start blaming the supreme court. we're going to start laying that idea into people's minds and this thing has just blown up in

their face and now eric holder has to find something. give me another law book. >> any loyal american has to do. you have to give faith to the motives of the president but based upon his duties as president and based upon his self-professed ability as a constitutional law professor, it seems to me incongruous that he would get it so wrong. totally wrong. >> the professor from harvard -- >> larry tribe has said what are you talking about? other professors are saying what are you talking about? now, i believe the white house sees this as a great election year issue. and they're going to take it home. i understand you're going to be in the water later in the show. >> yes, sir, brian and i are going to hop in that pool. >> i have some experience. like johnny weismiller and mark spitz, we have some goggles for you and special latex swim cap.

one is a men's and one is a woman's. you decide which one you want. >> that's coming up an hour from right now. >> water is very cold. enjoy it. >> great. thanks, peter. you could go out there -- >> you could go out there. you'd do good. >> i'll be watching. >> thank you, counselor! >> coming up, listen up, republicans, nancy pelosi has a message for you. >> i say to my republican friends and i do have many, take back your party, this is the grand old party. >> what does michelle malkin think about that? find out top of the hour. and what peter was just referring to, we're going swimming on the plaza with none other than 12 time olympic medalist dara torres. don't miss this as we jump into the pool in 40 degree weather! you're watching "fox & friends" live from new york city. so who ordered the cereal that can help lower olesterol

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it's big. no,i mean in terms of savings how would you sum it up? big in your own words, with respect to selection, what would you say? big okay, let's talk rebates mike, they're big they're big get $100 rebate, plus the low price tire guarantee during the big tire event. so, in other words, we can agree that ford's tire event is a good size? big big

>> gretchen: hey, good morning, everyone. it's april 5. i'm gretchen carlson. thank you for sharing part of your day with us. a federal agency paying big bucks for their workers to have a good time in vegas and now even more information about an incentive program that used taxpayer dollars for extra credit. >> steve: here is something you don't hear every day, o. j. simpson innocent. yep. one detective says he has the murder weapon and knows who really did it. it was not o.j the detective joins us in the next hour. >> brian: need a raise? you have to hear this. there is one thing that will make you a better negotiator and you have to have it in your arsenal. "fox & friends" starts right now.

♪ >> gretchen: yeah. right now what is it, 40 some degrees out there, the water in that pool you're looking at. >> steve: in the 40s. it's a chilly day, but we're doing it for a good cause. dara torres who won 12 olympic medals and used to be one of brian's co-hosts on tv will join us and brian and i are going to go swimming. >> brian: 'cause we are not good swimmers and she is legendary and we thought we'd get types. foolishly we got a pool and fell for the trap again that it's heated. it's not. it's 50 degrees. one wrote in and says my backyard is 50 degrees. if 50 degrees is frigid what, are you thinking? >> steve: we're going to be wearing wet suits. i saw them, they are at the ready, plus peter johnson gave

us goggles and swim caps, and we're ready. >> gretchen: i may show the both of you up as wimps when i get in as a bikini. >> brian: fantastic. >> steve: you going to do that? >> gretchen: i might. >> steve: yes or no, we have a plan (that's called a tease. rick perry will take an aerial tour of all that damage from this week's devastating twister outbreak as we hear incredible tales of survival. this video is amazing. when you hear when this family went through, they evacuated this house just ten minutes before it was completely demolished not by the tornado, but by a truck that was flying through the wind. >> this is not even the whole thing. we have part of this 18 wheeler here, but it broke off on the end and that's what's actually in the living area. >> gretchen: national weather service confirming 13 tornadoes touched down in a few hours time. incredibly nobody killed in

those storms. christians throughout the world observing holy thursday today. you're getting a look at mass that was held earlier today in jerusalem. in pope benedict's homily, he foamed on the promises priests make when they are ordained. the general services administration, gsa, apparently made it a habit of wasting your $250,000 on an employee taxpayer money. incentive program where a person fox news learned they spent would rack up points for doing their job and could then cash them in for gift cards or electronics. we told you earlier this week a house panel investigating that federal agency after it blew $820,000 on taxpayer money on a lavish bash at the casino in las vegas. martha johnson, the head of the gsa, resigned amid the scandal. what weather it comes to negotiating in the workplace, american women are the worst? according to a new study done by winston, one in four people are so anxious about the process that they skip it all together.

only 26% of females say they feel comfortable negotiating compared to 40% of men. researchers found women choose to forego their own agenda such as a higher salary in order to protect office relationships. >> steve: interesting. all right. let's bring in a woman by the name of michelle malkin. she joins us every week at this time. good morning to you. >> good morning. i'll stay a mile high here while you're diving into that pool. >> steve: colorado weather. >> brian: you would volunteer -- we could have a dual meet. you and gretchen against me and steve. >> steve: it's dual in the pool. was it a dual a couple days ago, the president of the united states versus the supreme court when he said hey, justice, you better not take the unprecedented step of declaring that my unconstitutional bill is unconstitutional? >> i mean, when you've got liberal media journalists, liberal professors at every ivy

league campus disavowing themselves from this baldly false claim that the supreme court would be unprecedented if they overturned obamacare, you better get some new messengers and messages. i think it's fascinating because you've got even liberal organizations like fact check.org saying that obama had to quote, unquote, eat his words. >> gretchen: the amazing thin is that it wasn't just about attacking supreme court within that same dialogue. he also said healthcare passed by a majority, a big majority. overwhelming majority. and it was 216-212 -- 219. whatever. >> that's right. of course, a healthy number of democrats who voted on the other side of the aisle. then, of course, the third baldly false claim there, of course, was that obamacare is merely an economic issue because when he had to backtrack, this

is how he sort of tried to introduce nuance. where will, what he really meant to say is the supreme court hadn't overturned laws that deal with economic liberty when, of course, over the last several months, there have been many, many catholics and other religious healthcare providers who made clear this is a personal liberty issue as well. >> brian: right. let's move on and talk about the electorate in particular. we've been seeing who is winning with the gop to get there. when you talk about women's -- the percentage of women voting for a candidate, so far i believe the administration has made some gains. the president has made gains in battle ground states with women. but the war on women overall, how effective do you think it's been? >> according to one report, apparently not very. in the massachusetts senate race where elizabeth warren, the democrat and the erstwhile failed almost appointee for the consumer protection agency for the obama administration has

made her gender a key issue and has had every last feminist organization out there pounding scott brown. according to independent women's forum and i believe kelly ann conway's polling firm, they just did a recent survey and found that not only was all of this antiwoman dem gogery not working issues but scott brown was slightly ahead. there's a number of issues there, but it's not only that this war on women rhetoric has backfired on the progressive left. but in the case of scott brown, all of that didn't work in 2008 and it's not working now apparently. >> steve: wouldn't you say, michelle, the whole war on women really was invented to take people's eyes off of the prize, which is the economy and gas prices and when you look at those things, the president not doing so well. >> yes. that's absolutely right, steve. it was contrived and manufactured from the get go.

we know that from the young woman's past political history. and as is the case with obama and his chicago team, it is always about the distraction. i think the gop, before that happened, of course, had been gaining a lot of ground and traction in trying to zero back in on jobs and gas prices. i think as we head into november, we're going to see more and more of this ratcheting up of the politics of personal destruction and the dem gogery, whether it's with women or race, anything to distract from the economies and the jobs death toll that this administration is responsible for. >> gretchen: but also the distraction in that particular discussion was to try and reach out to women by the obama administration instead of talking about what the issue really was, which was religious freedom. i got to move to this. the democrats youth believe -- had election forgery. what's that? >> yeah. it's the subject of my latest

syndicated column and all of the background links and citations are available at michellemalkin.com. there is a pattern of election forgery fraud by not just progressive activists, by democratic officials themselves. this week, of course, there were charges brought against four prominent democrat officials in indiana over a long-standing case that's been going on since 2008 that might have affected the outcome of the actual election. these were forged signatures on petitions to put hillary clinton and barak obama on the ballot. this is all happening at a time when so many on the left are having this see no fraud, hear no fraud, speak no fraud posture and at the same time there is a similar ring of signature fraud that went on in troy, new york. there are currently trials that are being rescheduled where we scheduled this week the first

trial ended in a mistrial. you've got elected democrat officials who were conspiring to rig elections by forging innocent voters' signatures. fraud? what fraud? >> steve: all right. and you just mentioned nancy pelosi. she was doing an interview a couple of days ago with charlie rose over on pbs and listen to this exchange. >> i say to mirin friends -- and i do have many -- take back your party. this is the grand old party. >> take it back from whom? >> take it back from extremists who are taking it over the edge, antigovernment idealogues who don't believe in a public space. >> nancy pelosi would resign the approval rating would skyrocket by 20 points and she's the most unpopular member of congress. >> steve: okay. so what she was trying to do was reinforce the narrative that the republicans, led by a bunch of extremists. >> yeah. this has been her entire career. i would really like her to name

who her republican friends are. i mean, in her world, every last republican and conservative is an extremist, extremist, extremist. the more she thinks she can say it, the more she thinks it will be true. this is again, has been the thrust of the democrat strategy, to continue to lie about law-abiding, good people who believe in limited government, constitutional principles and who know a heck of a lot more about the founding of this country than she does. so to be lectured in the confines of the elite space of pbs isn't really going to move her numbers very much. >> steve: michelle, i think this is the first time you've ever come and done impersonations. >> brian: she nailed it, though. she was quite good. >> steve: michelle malkin now available for birthday parties, mall openings and the what not. check out her columbia at michellemalkin.com. >> thank you. take care. >> gretchen: want to lower your mortgage rate but the bank am

won't help you? bob massi is always here to help and he's next. >> brian: one school taking -- the man who wrote the song, lee greenwood, not happy about it. neither are you. your e-mails reflect the tune ♪ from the lands of minnesota to the hills of tennessee ♪ ♪ across the plains of texas that's good morning, veggie style. ♪ could've had a v8. only hertz gives you a carfirmation. hey, this is challenger. i'll be waiting for you in stall 5. it confirms your reservation and the location your car is in,

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good morning to you. >> good morning. >> steve: first one comes to us from sue in illinois. she says, bob, my daughter owns a house in florida and she's been trying to reach wells fargo for two years to reduce interest rates. they never respond. without notice, a court order was placed on their bank account and now they have no money to hire an attorney. what should we do? help sue. >> probably what happened here is her daughter probably had a judicial foreclosure, losing the home, and as a result of that, the court probably entered what's called a judgment for a deficiency, which we've talked about. in other words, there is moneys owed. somewhere along the line here, something went through the cracks. either her daughter was served with a lawsuit and didn't respond, or maybe they couldn't locate the daughter, which could happen, and then they can get a judgment for what we call publication and then they found the bank account probably from checks that were written for the mortgage and on the mortgage over the years, and executed against the bank account or

garnered their wages. unfortunately, steve, because all her money is tied up, mom will probably have to help sue get a lawyer to try to fix the problem. >> steve: sounds like they have wound up in a big problem. >> they're tough. >> steve: kevin from new hampshire says bob, we believe the bank of america has wrongfully taken our home from us. we produced all of our payments and we produced canceled checks, but they took our house. what can we do? >> this is a common problem, steve. a lot of times -- and i'm not saying in this case it happened -- people miss their payments and then they start making payments and they think that, well, they're still current. now again, i don't think that may not have happened here, but when you have a situation where there is an accounting issue paying a lender, it's very important that you contact a competent real estate attorney in your area to assist you in resolving the problem prior to a foreclosure 'cause once that foreclosure happens, steve, it's very difficult necessarily to unwind the foreclosure because

what could have happened if there was an accounting issue and the client was accurate, you could file a lawsuit and get what we call an injunction enjoining the foreclosure saying to the judge, judge, these people are current and forcing bank of america to look at the accounting to see who is right or who is wrong. >> steve: and it's great that they had their canceled checks. one more quick one. andrew from texas says bob, i saw the tail end of the segment relating to debt forgiveness. my son has a second house in florida and sold it on a short sale. does the forgiveness relief act cover second homes? >> it does not. as we could have had last week, steve, its primary residence only. it will not cover that. again, i really plead to our viewers, please contact your representatives to get the mortgage relief act extended. it expires december 31 of this year. could have grave consequences if it's not extended. call your representatives. >> steve: good advice. all right. by the way, folks out there watching, you can e-mail bob

your questions by logging on to our web site. thank you, bob massi. stay classy in vegas. >> happy easter to everyone. thank you. >> steve: right back at you. coming up, we promise you won't want to miss this. we're going swimming in the plaza with none other than 12-time olympic medalist dara torres. by the way, it's 46 degrees outside and the water is 50. o. j. simpson is innocent. he was just the fall guy. one detective says he can prove it. he even has the murder weapon. [ kate ] most women may not be properly absorbing

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>> ex-wife. >> you got to remember, he called it his stepmother or some people did. she was supposed to have come to the restaurant where he was working at night as an active chef. he prepared for 13 people. she never arrived. i don't think he went over there with the intentions of killing her, but i think he went over there in a rage and again, he describes himself in his own diaries of which we have, as dr. jekyl, mr. hyde persona and i think he went over there and confronted her and she got in his face, he got in hers and as a result of that, the altercation occurred. reached for the knife, came up and down on the top of her skull. we have what we believe to be the murder weapon and if you'll notice at the top of the hilt of the knife, that mark up there is compared now by experts -- i'm talking p medical examiners who checked it -- compared that to the laceration on top of nicole's skull and it matches perfectly. >> gretchen: this was the weapon you found had a storage facility that was under jason simpson's

name. but here is my question to you: didn't they find o. j. simpson's blood at the scene? >> yes. there is no doubt o. j. simpson was at the crime scene. i have no doubt about that. >> gretchen: then how does it fit together? >> i think he came there after the murders and when he did, he walked in. i think he had the gloves on. i think he was told what had happened by our suspect. he went there to see if it was true. he also concerned about justin and sydney, who was upstairs. when he walked in the back -- from her bungalow through that walkway and he saw nicole lying there, he bends down, takes off the gloss, checks her pulse, he drops the glove and then looks over and there is ron goldman. >> gretchen: how does the blood get there? >> i think he cut himself. there is no doubt about it. again, the blood -- you have to understand something about the blood. the blood that was found at the crime scene and the blood found at the pair of socks contained edta, a blood preservative.

we've been able to establish that the blood on those socks that were found at the foot of the bed, which had nicole's blood and o. j. simpson's blood contained it and it came from a vial of blood. >> gretchen: are you saying that he on purpose cut himself so his blood would be at the scene or by accident cut himself? >> no. i think he by accident cut himself. i think even the blood on the back gate that was found two weeks later contained edta. >> brian: you're saying right now o. j. simpson took the fall for his son? >> there is no doubt in my mind he did. again, i place him at the crime scene, but not committing the murder. >> brian: is that why he got in and had that slow speed chase in the bronco? >> again, they call him narcistic but who knows what goes through your mind when all of a sudden your career goes to the toilet and people are screaming he's a cold blood killer. when you went to the crime scene, you become part of the crime. when he climbed on that airplane, believed to go to

chicago, he could have been just as much responsible for the murders as the suspect. >> gretchen: well -- >> the knife speaks for itself. >> gretchen: now that you have uncovered this and written this book, i assume that they're going to reopen the case or not? >> well, we've tried to meet with them on a number of occasions. we met in 2008 with the other than general's people who were elated over what we had uncovered, said they were going to take it over and then six weeks later, we received an e-mail that said case closed. very simple. >> brian: all right. the name is "o. j. simpson is innocent and i can prove it." he's been a private investigator for 30 years. thanks so much, bill. >> thank you. >> gretchen: coming up, breaking news on the economy. weekly jobless numbers due out any moment. we'll bring them to you after the break. >> brian: one school takes god out of "god bless the usa." the man who wrote that song, lee greenwood, not happy about it and neither are you. your e-mails will be shared shortly. >> gretchen: and is your budget tight but you need a new car? we're going live to the new york auto show with the cars under 20

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>> gretchen: fox business alert. the labor department releasing brand-new weekly jobless numbers. 357,000 first-time unemployment claims were filed last week. that's down from 359,000 the

week before. economists were expecting 355,000. so it's right in the middle there. >> steve: meanwhile, let's tell you a little bit about an elementary school up in massachusetts. they had this great idea, we're going to have this school assembly and we're going to have the kids sing "god bless the usa," but we're going to take the god out of the title. >> brian: and make it we love the usa. lee greenwood says the most important word in the whole piece of music is the word god, which is also in the title, god bless the usa. we can't take god out of the stopping or out of the pledge. we can't take god off american currency. >> gretchen: and comfort. but what ended up happening was that the school decided to have no music during this assembly that's going to take place on april 12. now they're not -- still pc because they're not going to have any music. we asked you what you thought about it. here is an e-mail from chris in north carolina. i think it's because of the

multitude of people throughout have different religious backgrounds and the school did not want to offend anyone. >> steve: the other side. this is from somebody in florida. glad to see parents stand up for god. maybe they should stand up and start singing the song in the audience and see what happens then. aha. good idea, gert. >> brian: on twitter, jack said god gave us rights and freedom. take away god and you take away the foundation of our country. >> steve: very nice. >> gretchen: now to your other headlines for thursday. the camp pendleton marine who posted on facebook that he wouldn't follow unlawful orders given by president obama will still face a discharge hearing later today. a judge rejected sergeant stein's bid yesterday for emergency temporary restraining order that would have delayed today's hearing. stein is facing an other than honorable discharge for the criticism which he believes he's entitled to under his first amendment right. the military, however,

disagreed, since apparently it has a policy limiting the free speech of service members. >> steve: we told but this story earlier in the week. 80-year-old wisconsin woman lands her husband's plane after he has a heart attack and died while piloting midair. this morning, we're getting our first listen at what things were like inside the cockpit as she took instructions from other pilots in the area over the radio. >> i think i'm going to run out of fuel on my right tank. somebody better get here in a hurry. >> it's going to be a little bit of a flight left. you'll enjoy it. >> i got to land quick. my gas gauge shows nothing. >> steve: oh, man. the couple were on their way home from wisconsin from their second home in florida when it happened. by the way, she thankfully landed the plane safely. bounced a bit, but she made it. >> brian: the mega millions fiasco getting confusing. the winner held a news conference with her lawyer, even though she's not sure if she's

one of the real winners. >> i cannot say with any certainty that this ticket exists. >> brian: but i would like a paycheck. what is he doing there then? it was a bizarre news conference. wilson showed up 45 minutes contemplate didn't say a word. i think that's her in the background. she claimed she purchased the ticket. she said the ticket is hidden at the mcdonald's. >> gretchen: why doesn't she get it? >> brian: she's got a lawyer and press conference but doesn't have the ticket and the money. >> gretchen: does she still work at mcdonald's? >> brian: she met with her manager yesterday, this week, so. >> steve: could have picked it up. >> gretchen: i don't get it. call him a smooth criminal. you're looking at a burglary suspect caught busting a move on surveillance video. it happened in galveston, texas. police say the guy broke out into dance after an equally bizarre crime spree where he allegedly vandalized one of those duck tour vehicles and made off with a fire extinguisher. police are look for this guy and

here is how you can help. they're hoping that you will recognize these dance moves. >> brian: they got video. >> gretchen: we know it's not you. >> brian: we're busy. >> steve: if there is ever a police line - up. pipe in some disco music. >> brian: see who can bust a move. if dancing was a requirement, i'd be innocent. >> gretchen: you proved my point. let's do some weather. >> steve: the weather map, let's find out where it's raining. we've had very heavy rain and thunderstorms move throughout state of florida this hour. mid atlantic, through the mid missouri and mississippi valley. heavy stuff and we've got some rain moving through the eastern side of the ozarks at this hour. current temperatures, 43 degrees in new york city. that's great. we're going swimming here in about five minutes. we're nuts. 59 in raleigh and 70 currently in tampa. meanwhile, later on today, beautiful temperatures out west. 76 in rapid city. 71 in denver. 77 in albuquerque. almost 80 in dallas.

90 in san antonio. here in new york city, 58 the high temperature. it's the home of a big car show this week. >> brian: major auto show. think you can not afford a car or a car with style? well, you can. ainsley air heart says you can -- earhart says you can and she will give you the money. is that true, to buy a new car? you're at the international auto show. >> i would if i had it. i'd be like oprah, give everyone a car, brian. it's not possible at this point in my life. >> brian: okay. >> got to work. we're here with the president of the auto show, mark shineberg. you've been the president for 20 years, long time. oldest car show in the country, since 1900. >> the new york auto show first got founded in new york in 1900, which is hard to believe that there were that many cars around at the time. it's the largest populated auto show with over a million people that have come through within ten days. exciting event for us. >> how exciting is this? you're showing us some cars that are truly affordable. under 20,000. >> it is incredible. the idea that in this auto show

you have vehicles over a million dollars, but this incredible segment of cars under $20,000. what's great about it is it doesn't lose anything in design, in technology, in comfortability on it. these are really fantastic vehicles that are affordable. >> take a look inside this car. the handle is way up here. really cool. the door is very light and look at that, the women at home, they love that cup holder. >> they've always been important for anybody who buys cars. >> what is this? tell me about this, not as shiny. >> this starts at 17,000. but this this, a turbo, it comes in a matte finish. these you usually seen he see on exotic cars. but hyundai has come out with this. >> tell me about this red one. >> number one selling car for chevrolet. this is the chevrolet cruise, the eco version, 42 miles to the gallon. under $20,000. five star safety rating with ten

air bags in this car, standard in the car. just incredible design and incredible safety technology. >> safe if you have children, ten air bags? >> wonderful car. >> how about this car back here, the nissan? >> our most affordable car, the nissan versa. a little under $11,000. it is for a small car, has the largest amount of indoor space. has 90 square feet of cubic space inside. very peppy. great design for just a little under $11,000. >> great for your child who is just going to college or whatever, needs a car. you can't beat that price. >> absolutely. >> thank you so much, mark. we appreciate you being here. we'll be back with mark on saturday morning. we're going to be live throughout the morning show. back to you in studio. >> steve: fantastic. >> gretchen: thank you so much. >> steve: cool stuff. >> gretchen: and for a good buck, too. before he was president, he was a law professor and obama's former student. he says the president definitely didn't just play politics. that student commenting on the

supreme court controversy next. >> brian: and we promise you won't miss -- you don't want to miss this. we're going to go swimming with the world's greatest swimmer ever. dara torres is here. she's won 12 medals. she doesn't have them with her, but she'll coach steve and i toward success in the pool. >> steve: this is either going to go great or very bad. >> brian: how bad can it go [ male announcer ] drinking a smoothie with no vegetable nutrition?

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>> gretchen: quick headlines. more troubling details about the $528 million federal loan to failed solar company solyndra.

financial experts for the government weren't consulted about the loan apparently until the last minute. internal watchdog says the review process was, quote, rushed and lasted only a day. a high school freshman in hawaii falling and -- falling face first at the end of a race. he goes straight from the fall into the word. he gets right back up and waves to the crowd, coming out a big winner. even though he lost the race. moving on to this, is president obama publicly politicizing the healthcare case while the supreme court is still deliberating? here is what he said this week. >> the supreme court is the final say on our constitution and our laws and all of us have to respect it. but it's precisely because of that extraordinary power that the court has traditionally exercised significant restraint. >> gretchen: that was actually the toned down version the day after he said the more activist

comment. our next guest is a former student of president obama's at the university of chicago and joining me now, now a law professor at the university of missouri law school. good morning to you. >> good morning, gretchen. >> gretchen: you also have an interesting tie to another person involved in this situation this week, which is you clerked for jerry smith of the u.s. court of appeals for the 5th circuit in texas and he is one of the three judges who ordered the department of justice to basically say whether or not what president obama said earlier this week is true or not. correct? >> that's right. >> gretchen: so based on your connection to the president and to jerry smith, where do you fall on this? what happened this week? >> well, i believe the president made some fairly inappropriate remarks when he initially said that it would be unprecedented and extraordinary for the supreme court to overturn a statute passed by a democratically elected congress. the president knows that the court has done that many, many, many times.

he understands judicial review. so when i first heard those comments, i was sort of taken aback, why did he say that? and i believe the reason he said it is because he's trying to influence the court in this pending case, which seems pretty inappropriate to me. >> gretchen: so wait a minute. i'm listening to what you're saying. the president of the united states would try to influence the supreme court. now, would members of the court actually be swayed by what the president says? >> well, i believe that many members of the supreme court really want the court to appear to be legitimate. that's very, very important, especially for chief justice roberts. it's called the roberts court. he doesn't want to go down in history as having presided over a court that did illegitimate things. now, the president knows it's perfectly legitimate for the supreme court to overturn a statute that violates the constitution and so why would he say publicly that it would be unprecedented and extraordinary to do so? i think what he was trying to do was to send a message to the

court, if you overturn this statute, we are going to make you look illegitimate. i think that was was an attempt to persuade some of the swing justices. >> gretchen: what is it to me is that they would be swayed. if you look at the polls, you would agree that americans don't agree with the healthcare. so would the justices be swayed by a poll and the president? i thought they were supposed to be looking at the constitution? >> well, they were and they do. but i believe they also have to take account of the court's institutional integrity and there have been decisions in the past where a lot of the commentary said the court is doing something it's not supposed to do. it's making political decisions. i think that hurts the court. so there are some justices in the middle, justice kennedy, who are going to want to decide this case in a way that upholds the integrity of the institution. >> gretchen: so where do you think this thing ends up today?

at 1:00 o'clock, the department of justice is supposed to hand over this three-page single spaced document defending the right of a court to overturn a law. where do you think this goes from here? >> i'm excited to read the document, frankly. judge smith asked for something pretty cool. he asked for a three-page document on the executive branch's view of the proper role of judicial review. judicial review is really sort of a tough question. activism seems to be in the eye of the beholder sometimes. conservatives believe cases like roe versus wade, roamer versus evans were activist decisions. liberals say, well, citizens united is an activist decision. and turning over the affordable care activist. >> gretchen: this three page document, people are going to parce every single word. tom lambert, law professor who

was a student of president obama, thanks for your thoughts this morning. >> thank you, gretchen. >> gretchen: we've been teasing you all morning and it's happening before the break. we're going swimming on the plaza with none other than dara torres. you look so sexy in those caps. i love it. [ male announcer ] if you think tylenol is the pain reliever orthopedic doctors recommend most for arthritis pain, think again. and take aleve. it's the one doctors recommend most for arthritis pain.

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>> gretchen: we've been looking forward to it all morning. who will actually get into the pool and have dara torres,

olympic swimmer, coach them? will it be steve or brian? >> steve: you promised a bikini. >> gretchen: you never know what i have on underneath this coat. you never know. you're going back to the olympics? >> i'm trying. i have my trials in three-months. i've been training. it's different when you're older. >> gretchen: how many times have you won? >> icon 12 medals. >> you're a hero in my house. tell us about this lotion. why is that important to brian and me right now? >> i'm actually going to put it on before you swim to make you feel slick through the water. i actually use it -- >> steve: where? >> your feet and hands. i use it after i swim because it's really good for dry skin. >> brian: we rent add pool. we've gotten into wet suits. i put my first bathing cap ever. i have goggles and i got my super weapon, my lin sanity head

band. >> gretchen: you didn't put on the lotion, brian. >> steve: here is the thing. right now it's 46 degrees in new york city. the water is actually colder than 46 degrees. >> brian: do you feel that? >> gretchen: just like a hot tub. >> brian: unbelievable. >> gretchen: all right, you guys. >> brian: we are not good swimmers. steve is. but i am not a good swimmer. any tips? >> after feeling the water, just swim as fast as you can there and back. get out of there as quick as possible. >> steve: is running legal? >> running is not legal. do you need a hand to get in? >> gretchen: oh, my gosh. i don't envy you at all. wait! okay. go for it. oh! wait, wait, wait! >> go! go! go!

come on, one more lap! >> have you guys ever taken a swimming lesson? >> gretchen: brian, kick his butt! >> brian, you're good! and 26 seconds. >> gretchen: all right! way to go. they have bad splash control. >> what stroke were you doing? the back stroke? >> steve: many. it's the cold stroke. >> brian: i'd like to thank all my coaches and people that believed in me when no one else did and thank the people for lying to me and telling me the pool would be heated. >> steve: what is the coldest part of your body right now? >> brian: do i have to pick one? >> steve: i have one in mind. >> gretchen: i do, too. let's pan down to this sign right here. it says, permanent injury or death can result. did you guys happen to look at that before you got in the pool? >> brian: i feel like i wanted to fake i was drown so long dara

would jump in and save me. what are you going to try for? >> the 53 free style. i'd really like to make the team. that's my goal now. >> brian: when are the trials? >> the trials are the end of june, beginning of july. >> brian: this stuff works. >> you took to the water well. >> gretchen: guess what in more swimming right after the break. >> steve: no. no. >> gretchen: yep. more swimming right after the break [ male announcer ] what if you have potatoes? but you've got a meat and potatoes guy? pour chunky sirloin burger soup over those mashed potatoes and dinner is served. four minutes, around four bucks. campbell's chunky -- it's amazing what soup can do.

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