movie. >> brian: or i am. >> steve: oh, fine. >> gretchen: brian already made a pitch. we only have 7 seconds. andy, you don't have to respond. but he will stay for the after the show show. >> steve: see you tomorrow. bill: whole newmont. may 1st, good morning, everybody. it was a year ago today when usama bin laden was taken out for good. a former cia chief said while president obama deserves credit for pulling the trigger the path to bin laden started with president george bush. now it is a political football. back and forth we go. that is where we start. i'm bill hemmer. welcome here to "america's newsroom.". martha: what a day to america. dremember. good morning, i'm martha maccallum. it was a year ago today when elite team of navy seals swarmed into a compound in abbottabad and shot enemy

number one. bill: the man that ran the cia interrogation program said the groundwork for that raid started a long time ago. >> there was someone we captured, a facilitator we captured in 2004 that told us about bin laden's courier. gave us a pseudonym. >> what concerns me there is still doubt out there that people are doubting, you know, the amount of information that we got from this program that gave us the basis to go after al qaeda and destroy al qaeda. the al qaeda that attacked us on 9/11 is just amazing. bill: more from him throughout the morning. jenna -- jonah goldberg, national at large from. good morning, joe gnaw. >> good morning, bill. bill: it is a political year. how is that playing to the story? >> a lot of ways an embarrassing debate. it is kind of thing where everybody thinks about this rationally understand as lot

of people, starting with guy who put bullet in bin laden deserves credit for that. it was on harry truman's watch we won world war ii. nobody doesn't think that fdr deserves credit for it. in the hot house silly season it has become a political football. i think that reflects poorly on obama. maybe it works for him in the polls short term but i think it makes him look crass. hypocritical. he says he was the guy who, you know, don't spike the football and all the rest. we don't do this for a trophy. now making it into a political issue. bill: i heard you say you don't have a problem with him campaigning on this and flying the flag to an extent but i wonder if you have a problem from the moment we saw yesterday with the japanese prime minister in the east room of the white house when it clearly became political at the microphone? >> everything is about degree, right? the ad that was so controversial i don't think it is a problem until it

closes with that idiotic, would mitt romney do it thing? all of sudden becomes base partisan thing instead of him taking a bow. in terms of the press conference it just looks like he is lowering the presidency and being partisan and campaign on his official duties trying to get credit for something, to get more credit for something he deserves. bill: to that point then, i wonder how much does it matter in election year? how much does it matter in mid-october or does it matter for the moment? >> i think it matters a little bit for the moment. i don't think it matters in october. remember this is not the first time they tried to turn bin laden's death into political capital. back six months, a year ago they were talking about how, you know, the fact that president obama killed bin laden proves that we should support the white house's green energy program and all the rest. that bombed utterly. this is brief spat.

maybe they're prepping to lay the groundwork to bring this up again in october in a different way. as of now i don't think it will change very many people's minds. bill: good luck to you, joe gnaw. and your new book. tyranny of cliches. give you a plug. martha. martha: president obama taking heat as you were talking about for leveraging the bin laden kill into a political debate claiming mitt romney would not have given the order to take out the terror leader. mitt romney says that is a joke. here he is on the campaign trail. >> governor? >> yeah. >> would you have gone after bin laden? >> of course. you. >> you would have given the order, governor? >> is the criticism from the obama campaign unfair? martha: jimmy carter would have given that order what he said there. president responded to that at a white house press conference. here he is. >> i said that i would go after bin laden if we had a clear shot at him and i did. if there are others who have

said one thing and now suggest they would do something else, then, i would go ahead and let them explain it. martha: that's that. coming up, is president obama trying to score political points with the bin laden issue? you would be very surprised at some of the people who are taking the president to task on this. we're going to talk about that in a moment. arianna huffington among them, calls recent obama ad on bin laden despicable. former new york governor george pataki will be here to weigh in. he was central on that fateful day in new york city. go to foxnews.com /americasnewsroom. take our online survey or send me a tweet with your broader thoughts on this @marthamaccallum. bill: we have a fox news alert. fox's mike levine, five people described as anarchists were arrested in a park in cleveland, ohio

yesterday, allegedly trying to blow up a bridge. fbi and joint terrorism task force were involved in that. there is fbi briefing at 10:00 eastern time. 55 minutes away. levine said these arrests came one day before "occupy wall street" is vowing protests across the country. we don't know what extent that rally was scheduled in cleveland but we'll get to the press briefing at 10:00 a.m. eastern time. martha: there are new reports that security is being stepped up at u.s. airports amid new concerns that terrorists may try to hide bombs inside their bodies. unbelievable stuff. abc news is reporting that terrorists are looking to surgically implant a explosive in a suicide bomber to detonate on a airplane. homeland security cautions there is no indication at this point of any specific threats. national correspondent steve centanni on this story for us live in washington. steve what do they think is the potential for this kind of attack? >> reporter: martha, u.s.

authorities do take it very seriously. it is an ongoing threat something they have been considering since the attempted bombing of the a plain in detroit. in 2009. you remember. farouk abdulmutallab had a bomb hidden in his underwear. it failed to explode when he tried to detonate it. "the bomb maker" in al qaeda experimented with bombs implanted in inside the human body. this kind of threat itself is not new a spokesman for u.s. homeland security said in a statement dhs understands that threats to our security continue to evolve although al qaeda, although al qaeda, its affiliates and allies have expressed continued interest to carry out attacks against western interests we have no indication of any specific credible threats or plots against the u.s. tired to one-year anniversary of bin laden's death. of course that anniversary is today, martha. martha: any comment from the white house on this, steve? >> reporter: in general they say al qaeda continues to be

serious threat even though their organization has been diminished by u.s. actions. here is white house terrorism advisor john brennan. >> despite the great progress we made against al qaeda it would a mistake to believe this threat has passed. al qaeda and associated forces still have the intent to attack the united states. and we have seen lone individuals including american citizens, often inspired by al qaeda's murderous ideology kill innocent americans and seek to do us harm. >> reporter: brennan says the al qaeda affiliate in yemen continues to be the most active arm of the terrorist group. martha? martha: thank you, steve centanni in washington. bill: there is new fallout from the secret service prostitution scandal out of colombia. this week 100 agent will take part in a two-day ethics training course. professors from john hopkins university, they will lead the training. last week you remember the secret service announced new rules of conduct for its agents. agents will not be able to bring foreigners to their hotel rooms and not be

allowed to drink excessively before reporting for duty which might be --. martha: sounds like a pretty good idea, right? excellent advice. police are now saying that envelopes filled with white powder and delivered to wells fargo branches in new york were not toxic. a spokesman for the bank says wells fargo is cooperating with police and considers of safety of customers and employees a top priority of course. for now the specific bank branches under investigation will stay closed until police say it is safe to reopen. those had threatening notes inside saying things like you should leave now. it is too late to that effect. so some pretty creepy things to open in your office for sure. bill: we're trying to track down the story in cleveland when. we get more on that you will hear it here. those are some of the stories we're watching there is also this. big drama the case of john edwards. his wife of the former aide on the stand for a second daybreaking down on the stand. we'll tell you what got to her in the trial. martha: there is search for

6-year-old isabel celis. that videotape tell as very different story. we'll tell you what is going on there. bill: he compared his agency's oil policies to a crucifix. he is out of a job and some think it doesn't end there

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martha: it is embarrassing set back for the tucson police department in their search for a missing little girl. surveillance video of those potential witnesses we showed you in "america's newsroom", they were walking out of a club. they felt like that would give indication what was going on across the street at her house. turns out though that tape is from the wrong night. okay? tucson police say they learned of that mistake while they were talking to the people who were involved in this video. >> we learned that through the interviews from these individuals that we spoke to. we have chrerd up that and working with the company to

get the correct video for friday the 20th. martha: that was a dead end. the video was not timed or date stamped. unknown when they will get the video of that street area. bill: frustrating for those trying to find her. attorney general eric holder facing new fire. a report from house republicans calling holder and justice department, quote, more partisan than ever. virginia congressman randy forbes, house armed services and judiciary committee from his home state of virginia. good morning to you. there is a bit of news at the moment, apparently holder will testify in front of your judiciary committee in early june. about what, sir? >> bill, one of the things if you sit on the judiciary committee you realize how danger for us to abandon the rule of law in this country. it is okay to fill the justice department with democratic appointees but shouldn't run it like an arm of the dnc. that is what is happening. you have several things moving toward the attorney general. we hope to have him back

before our committee in june. we just had a report issued by the chairman of the committee pointing out all the way they abandon the rule of law. contempt proceedings may be coming from the oversight committee and you've got a resolution now in the house but signed by almost 150 members, concerning their lack of confidence in the attorney general just to comply with the law. bill: chairman of that committee is lamar smith, republican out of texas. he says doj is now more partisan than ever. he goes on to list several things here. stalling he alleges on "fast and furious." failing to enforce immigration laws and challenging voter i.d. laws in various states. i take it based on your answer you don't disagree withla march smith, do you? >> no. i absolutely agree with the chairman, bill. when you look at it, think about, any businessman across this country, individual, when the justice department goes after them, they leave no stone unturnedded. we hear from the epa they're trying to crucify businessmen. when justice department asks

to respond to some of their failures they put down the steel trap and won't give out any of the information and enough is enough. i think we have a responsibility to members of the judiciary committee to do the due diligence and make sure we're getting the american people answers. bill: are you suggesting there is coordination between justice and the white house? >> what i'm suggesting, bill is this. if you look, we have this breakdown in agencies whether it is tsa, gsa, secret service, the then you look at the justice department refusing to comply with laws and enforce those. actually going after states to keep them from complying. the rule of law should apply to everybody. these agencies have gotten to the point where they think it doesn't apply to them. only applies to everybody else. bill: these are serious charges and you only think holder on his own or is he getting support? >> bill, that is just the point. we can't answer those question until we get the documentation from the justice department and they refuse to give us that documentation. if there is no coordination,

if they haven't done anything wrong, just give us the information and answer to the american people. we think the american people have a right to know. they don't. bill: you have five or six weeks to get ready for your questioning for the next round. your first question is, what, sir? >> we're ready today. my first question today, why won't you produce the documents and evidence that has been requested by you, from so many committees and in congress so you can answer these questions and put the issue to bed once and for all? that will be our first question to the attorney general. bill: june 7th is the next hearing. randy fors, thank you for your time out of virginia beach today. >> thanks, bill. bill: martha. martha: how about this? what if you could decide you needed blood pressure medication and head to the drugstore to get it without a prescription? dr. siegel is not so sure about this idea. plus he is one of the most famous potty mouths in the country. >> [bleep], pissed, give

your grandmother a free ride in the bus and only 13% of y'all think i'm doing a good job. [bleep]. not to mention that i'm in criminal investigation and my family is in jeopardy. bill: that was just a good morning. he might want to zip his lip if he finds himself in one time where swearing could cost you some serious coin. martha: we never get tired of that video, do we? [ female announcer ] philadelphia cooking creme. a simple way to make dinner fresh and new again. just stir it in. now it only takes a moment to make the moment.

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bill: boy swear charge just won't do here. a town in massachusetts thinking about enforcing a rarely-used law against swearing are. a police chief in middle borrow thinks a $20 fine would deter vulgar loud mouths. >> we have more important things to do. these are quality of life issues.

community policing peel don't want to see. >> it is intimidating to the customers. people out here downtown. and i think that i think it is a good thing they're doing something to try to curb it. >> proper theket but doesn't hurt anyone physically. bill: think 20 bucks is steep. some folks want to go 100 bucks. you have a swear jar and bar of soap. probably jar of soap would be more effective. like in fifth grade. martha: watch your mouth. high emotion in the criminal trial against john edwards, folks. the wife of edwards' aide, andrew young, facing more question. yesterday was a tough day for that young lady in the middle. screen. she broke down yesterday to a great extent they had to send the jury out to pull herself back together. jonathan serrie is watching this play out. boy, what a seat he has had for this incredibly dramatic trial. jonathan, what happened yesterday? >> reporter: yeah, it was a very busy day and we

anticipate another emotional day of testimony. john edwards just arrived here at the federal courthouse in greensboro, so the hearing should be underway in just a matter of moments. but yesterday, cheri young broke down several times on the witness stand. at one time crying so much that the judge sent the jury out of the courtroom until she could regain composure. as soon as the hearing resumed. young explained how she was in a mac mack's drive-through she found out john edwards wanted her husband to claim he was the father of the politician's young love child. mrs. young said the first thought in my mind was, how in the world could mr. edwards ask one more thing of me, of us? i was mad. i was upset. of course i said absolutely not. i screamed at him. i cursed at him. mrs. young said though she eventually agreed to go alongwith the plan after speaking with edwards personally on the phone. she said she didn't want to bring down the campaign or her his's career. martha: if you believe their

testimony, that is what the jury will decide. talked them into pretty incredible things. how effective was all this for the prosecution, jonathan? >> reporter: it seems like it was effective. the defense has been trying to portray her husband andrew young, as a opportunist who profited from edwards' affair but cheri young has been able to speak to the sacrifices that her family made while keeping edwards' pregnant mistress, rielle hunter in hiding. she describes hunter and high maintenance and demanding. she shade it only got worse after her child was born. mrs. young told the court, we were not allowed to touch the baby. my kids were not allowed anywhere --, mrs. young also describes an incident at a diner in aspen, colorado, where she was eating with rielle hunter. hunter apparently bit into a reuben sandwich. began complaining the chef placed wrong sauce on her sandwich. she needed to call her

spiritual advisor and healer to deal with the incident. she called the spiritual advisor and healer, according to mrs. young. left a detailed message and the youngs apparently paid thousands of dollars to the spiritual advisor on the behalf of rielle hunter. martha? martha: oh my. that is a houseguest who is a handful. jonathan, thank you very much. talk about high maintenance. bill: we were talking about how the story is getting so much attention. imagine the drama on the stand. if this thing were televised it would be must-see tv. martha: it would be. >> no cameras in this courtroom however in north carolina. martha: we wish there were. bill: he is high on the short list for vice president. marco rubio telling bret baier whether or not he pinches himself over all that attention. what else did he say? you will find out. martha: chairman of the joint chiefs of staff is worried that the death of barack obama is being used for political gain. tell us what you think about that. send me a tweet @marthamaccallum. or go to our website,

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are those great-tting little o's made from carefully selected oats that can help lower cholester. is it a superhero? kinda. ♪ bill: want to get back to this breaking news. we're trying to piece together the story out of cleveland, ohio. fox news reporting that five people described as anarchists were arrested in a park in cleveland yesterday for trying to blow up a bridge, perhaps more than one. the fbi was involved.

the joint terrorism task force involved. there is a briefing in cleveland at 10:00 a.m. eastern time, 30 minutes away. we will watch that. we'll also try and pick out, what evidence was there. whether or not more arrests could be pending. it is may day around the world and also this is the day where "occupy wall street" had scheduled several protests across the country. whether or not that has anything to do with the anarchists reported arrest in cleveland for something we'll find out in about 30 minutes. we'll take you there live or pick up what we can when that starts with the fbi at 10:00 a.m. eastern time. martha? martha: thanks, bill. big story today. critics on both sides hitting the president what they say is the politicizing the death of usama bin laden. here is senator john mccain on this. >> all i can say is that this is going to be a very rough campaign and i have had the great honor of serving in the company of heroes. you know the thing about heroes? they don't brag. martha: interesting, from

john mccain. and he is a hero himself of course. auriana huffington is among those who said this, quote. i think it is one thing to celebrate the fact that they did such a great job with television specials to commemorate this day. all that is perfectly legitimate but to turn it into a campaign ad is the one of the most despicable things that you can do. very strong words from arianna huffington about the president here. we're joined by former new york governor george pataki, who served as governor during the september 11th attacks. governor, welcome. >> nice to be here with you, martha. martha: from all sides. john mccain. >> appropriately so. arianna huffington's comment despicable is the right word. i went down when usama bin laden was killed and went down to ground zero to express their joy. i didn't feel that. today as we have every day since he died we still have brave men and women out

there in afghanistan and around the world fighting against the war on terror and too many them are dying. you don't celebrate your brilliance because we have brave young americans out there putting their lives on the line. i think it is wrong. i think it should stop and i think the president should apologize for having done this. martha: a lot of these reactions lead folks to think that nobody is taking the high road in this situation. and, you know, what you, the point you just made is completely absent from this conversation. i mean one might expect that the president would say great day. great job on behalf of those navy seals of course but we have so many men and women out there fighting this fight today. >> i was appalled. at the time when president obama called out the fact that it was "seal team 6" that engaged and led this raid. they're still out there. they're risking their lives. a few months later we had the horrible incident where the helicopter was shot down in afghanistan and we lost 30 national guard and seals. we should be thanking them and praying for their safety

every day and not patting ourself on the back as politicians and not using them in a campaign. i'm appalled. martha: admiral mike mullins people talking in the famous situation room and photo we all remember. here is what admiral mike mullen says about this i do worry this time of year this gets spun into election politics. i can assure you that those individuals that risk their lives the last thing in the world that they want is it to be spun into that. and there has been some reaction out there. i'm sure the navy seals are also divided like most americans are on some of this but there has been some reaction they also are not happy. >> i can't speak for any of the seals, but i can say they're fighting for our country. they're not fighting for a political cause or political candidate. they're putting their lives on the line because they believe in america. they have answered the call. for a politician to try to benefit personally is wrong.

martha: two things i want to get at here. one is mitt romney's reaction. he was working the crowd. said in offhanded comment yesterday, anybody would have done that because it was asked, would you have done that because the president has questioned that. he said, even jimmy carter would have done that. is that appropriate? >> i don't think you take shots at others but i do think he is right that any president who understood the magnitude of the battle we were spacing against al qaeda would have taken that action. that is fairly safe thing to say but i don't think you take a shot at any other president or other political figure. that is very different from running an ad, patting yourself on the back and saying the other person wouldn't have done it. i think there is a magnitude of difference here. offhanded comment that may have been slightly inappropriate and conscious political strategy to pat yourself on the back and say look how great i am. not just this ad. joe biden is every day talking about oh, obama got

bin laden. seals and brave soldiers got him. sure he gave the okay. martha: gets credit from both sides. >> that's right. martha: he did the right thing. >> exactly. martha: it was courageous moment. leon panetta said 40/60 that it was going to go right in that room. the odds were against it in his mind. so what's the right note for the president to take? if you were in his shoes, how would you, say, yes, i did what the commander-in-chief must do in a very tough moment and strike the right note there? >> i would do what a leader is supposed do and that is give credit to others and particularly give credit to those out there on the front line. what i would have done simply said i had confidence in the men and women out there fighting the fight. not that i'm this great political leader which he is not. not trying to gain a political advantage over his opponent by running ads that is wrong. i have never seen it in the history of this country before and it should stop. martha: well, you know what's interesting? that we're having this

conversation instead of the conversation that you would want to have if you're working for the re-election of the president that he was the one who made that call. that is not what folks are talking about today as a result of all this. thank you so much, governor. always good to hear from you. >> thank you, martha. martha: thanks for coming in. bill: so back to the campaign now. lots of talk that florida senator marco rubio would be and would be and could be in line for the number two spot on the ticket. on last night's "special report", bret baier rubio addressed that with bret. >> you're on a short list whether you say or or not for vice president. do you ever pinch yourself and say, holy cow, how am i here? >> i pinch myself because of the understanding that i've been blessed with a real rare opportunity that few americans ever get to serve their government and their people at this level. it doesn't escape me that less than half a decade ago my family lived very different circumstances.

my dad was a bartender. my mom was a made. it was unimaginable in the next generation would be able to attain -- this is what other people did. not people that came from where they came from. those things strike me. the other stuff is fleeting. what will matter is what i do here. >> a there are a lot of people out there would like to see you on the ticket. some have concerns about your past. one is, this credit card when you were speaker of the florida house. >> right. >> you charged personal expenses on party-issued credit card. what happened with that. >> at the end of every month we would get the statements. we would see on there was party related the party would pay that. if it wasn't party related i would pay that for american express. in hindsight it looks bad. why are you using party credit card at all. some of the expenses were because the travel agent had the credit card number and billed it to that card instead of the other card. sometimes it was just a mistake. literally reached for the wrong card. it is important to understand i did not bill

personal expenses to the republican of florida. the republican party of florida never paid my personal expenses never. look i shouldn't have done it that way. it was lesson learned. bill: it was a great segment last night. rubio also says he isn't interested in the slot. that's what they all say, right. martha: that's what they all say. bill: however he has campaigned with mitt romney, and did it not in florida but pennsylvania. later tonight on "special report" bret sits down with another republican who might be on the short list, ohio senator robb portman. the senator talks about his professional experience, his time in washington and what he thinks about president obama. 6:00 here on the fox news channel. rubio, portman, couple others their names always come up on the election, electoral vote whether in florida or ohio. be interesting to see how portman does later tonight. martha: good series. nice to see from all of them. coming up here, an epa official said he wanted to crucify the oil companies. you remember that great moment?

how he is paying a hefty price for that comment which happend a couple years ago. was this isolated incident or is this really reflective of the culture at that agency. bob and andrew yeah -- andrea have something to say as usual. that is coming up next. >> according to administrator am men dairies. that they. his comments give us a rare glimpse of the obama administration's true agenda. [ male announcer ] this is lawn ranger -- eden prairie, minnesota. in here, the landscaping business grows with snow. to keep big winter job on track, at&t provided a mobile solution that lets everyone from field workers to accounting, initiate, bill, and track work in real time. you can't live under a dome in minnesota, that's why there's guys like me. [ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪

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martha: here's what is developing right now in "america's newsroom." there is legislation pending in congress that would ban the private ownership of exotic pet, folks. that bill comes after the ohio case of a suicidal animal farm owner who unleashed his tigers leopards and lions on his community. who could forget that bizarre story. more than 100 people are confirmed dead in india after a ferry capsized in

heavy wind and rain. 100 more are still out there missing. a wandering black bear was spotted and caught in the denver area last night. the second bear found wandering around the area in just a few days. sound like there is a family out there, bill. all searching for each other. bill: do they travel in families, do they? like snakes. get tired of that, aren't you. martha: i like it. very, very gentlemanly. bill: i'm here for you. martha: thank you, sir. bill: right on. bill: there is new fallout after a epa regional director resigns after incendiary comments about oil companies in america. in a letter, al amendariz regrets the comments made in 2010 but doesn't want to jeopardize the agency. is this isolated comment. bob beckel, former democratic campaign manager,

andrea tanteros. co-hosts on "the five." this is mere appetizer and warm-up for later. how are you guys doing. >> good morning. >> good morning, andrea, the golden question whether or not there is more to be found here. your hunch is? >> my hunch is yes. if you listen to senator inhofe this is pervasive mentality at epa. white house is saying similar things. going after oil companies. oil companies have become the enemy. so you look at this one guy who had to resign. to declare war on the oil industry is just outrageous. if you look at complaints come in from small businesses, and it was a lot, amendariz like eliot spitzer the attorney general, would indict via press release. put out all the crazy charges. the charges would turn out not to be true and go away. this is what is happening in the epa they were putting out charges against small businesses. bill: okay, there is more to be found in all this? >> yes. bill: bob? >> first of all, there is not, i'm missing my protest

this morning to be here with you guys. bill: it is only 10:00 in the morning. >> i've got time to get down there. first of all there is not a sled of evidence beyond this guy at epa and he is gone now and should be gone. it was a bad thing to say. here are the facts. oil companies are making more than they ever made. more drilling permits permitted under barack obama in the first three years than the last four years of george bush. there is absolute, with the exception of going after oil companies for their tax breaks, which they should go after them for, there is absolutely no evidence, none, that the epa or the obama administration is doing anything -- by the way, most of these --. bill: so you are, you would argue the buck stops here with this guy? there is nothing else to be discovered? >> absolutely not. i don't think there is anything in this administration you will find that will sound anything like that. are there people that believe that? are there people that brief that? bill: is there more or not, yes or no.

>> for me? bill: yeah. >> no, i don't this there is any. bill: andrea. >> a number about businesses have gone out of business because of this epa administrator. that is what they're going to investigate. you can't file charges and withdraw them exactly what they did with range resources in 2010 just a couple weeks ago. they with drew the charges. so this is a strategy that has been put in place by this administration and i'm sure there will be more but to bob's point, you talk about oil companies making profits? oil companies are what keeps lights on. oil companies are what funds the welfare state. they pay 100 billion in taxes. >> you say it is strategy --. bill: -- jobs. >> you say strategy of this administration to close down businesses they lose jobs. in election year? >> oil companies. >> give me evidence beyond one company you talked about, present case. i will concede can case. >> i will give you dozens when we get off the show. >> that is the problem you all throw this stuff and you and great senator inhofe who is oil state-owned and operated by the oil companies state. of course he will sit up

there and --. bill: andrea, ma making allegation. so too is rick perry's office. the agency is still there and whole mind set is still there. >> bob, let me ask you something. do you think the president has been openly hostile to fossil fuels? i do. plenty of sound on that in this network. >> i have not seen any indication of that. they permitted more oil wells being drilled how would you consider that. >> this president completely clamped down on drilling. >> less oil being imported this year than last 10 or 15 years. >> because of supply issue, bob. >> you can --. bill: this man has his defenders. quote, he was crucified for doing the job he was supposed to do. >> i think he was crucified for doing the job he did. bill: he was crucified? >> i think he was crucified for making one bad mistake in a statement that he made and got out and, got his career ruined and i don't think it should have happened. bill: like how the romans use to do, conquer villages

in the mediterranean. go in little tushish town somewhere find first five guys they saw and crucify them. that town was really easy to manage for the next few years. >> did he make that up? bill: did it on camera. >> reason for going into iraq. bill: give you the last word. >> i think this reflects poorly on the president because he has himself gone after oil companies. so i know bob hasn't seen any of that footage but i will show it to him. this administration is openly hostile to fossil fuels. >> prove to me one place. >> bob there have been plenty of companies shut down because of this epa administrator. >> list them. instead of saying it list them. sound like joe mccarthy. bill: continue it, mean time we've got a bright red shirt reserved for you, bob. >> exactly right. bill: we will camp you down in the square and joy the protests. see you at 5:00. thank you, bob. thank you, andrea. >> thank you. bill: go to foxnews.com /americasnewsroom.

bya. leave a question for them or anybody you like. shoot me a e-mail at foxnews.com or twitter @billhemmer because you asked. for more enjoyment. martha: for bob, it is raining. might affect his opinion whether or not he wants to head down there. bring your umbrella. forget about going to the doctor to get a prescription for things like heart conditions, blood pressure, allergis. turns out you could soon be able to get these things just by diagnosing yourself at a kiosk. bill: sound good. what a difference five days can make. what is mitt romney doing in head-to-head polling with barack obama? wow, the latest numbers straight ahead here on "america's newsroom." wake up! that's good morning, veggie style.

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bill: not good news here. bank of america reportedly expanding its cutbacks. the bank expected to slash 2,000 top level jobs. on top of a plan to cut more than 30,000 jobs over the next few years. in 2009 you might remember, three years ago, when it merged with merrill lynch, bank of america employed about 200,000 full-time workers that since ballooned close to 300,000 employees. martha: well this one's really interesting, folks. there are some new questions today about a proposed move by the food and drug administration, the fda, that would allow patients to purchase certain classes of drugs without ever going to the doctor. you could plug into a kiosk and say this is how i feel. it would say you can get this drug. you can get it on your own. is that a good idea? dr. marc siegel, fox news medical a-team. off his bike with president bush and wounded warriors.

great job by the way. >> thanks very much. martha: really, diagnose yourself by kiosk or online? >> i think this is very bad idea. the american pharmacists association is for this. i have had in my practice a lot of experience where pharmacists give out information or advice to patients. sometimes they're right. sometimes they're wrong but they're not ones dispensing medication. now the fda is taking comments on this. on may 7th they will decide whether this is allowable. i think this is a huge mistake. and it's part of all of the attacks on physicians that we've been seeing by the obama administration. it is not directly tied obviously to obamacare but here's the problem. it's different from one patient to the next. i can't decide, you know, based on a survey that i take at a pharmacy what medication i need. diabetes, for example, is a very complicated disease. it involves pancreas, and insulin receptors. one good medication for a patient is not good for another. martha: blood pressure, diabetes, i can understand. what if you're diagnosed for

allergy medicine last year and year before that and you know they need that this year. are there certain areas it is okay for people to request the prescription drug. >> not me, martha. this allergy season is different than last allergy. maybe you have different food allergies than you used to have. i don't want dispensing of medication without a doctor being involved. i want the opposite. i want doctors to know what their patients are getting. i don't want to say hey, i've been getting allergy medicine two years at a pharmacy, haven't seen a doctor, don't feel right. they do it? europe. i don't think it works. we have to go in the opposite direction. prescriptions have to prescribe medication. let's look if we're overprescribing them. i don't think it will save money. idea is we'll save money. if you see a side-effect from somebody self-prescribing. >> go back to doctor with

bigger expenses. right. >> bigger because you have a side-effect. >> very interesting. >> vote no on this one, twice. martha: great job on the bike. >> real honor. real honor to be with the vets. martha: you did a fantastic job. thank you so much. bill: and he is still sore. which means he got a good workout. martha: no pain, no gain. bill: preparationed under the day across the country as may day labor marches get underway. occupy wall street protesters expected to join. where will they be out in full force and what is their message? we'll find out at top of the hour [ male announcer ] what's in your energy drink?

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martha: fox news alert for you. a plot to blow up a bridge has apparently been broken up by federal authorities. sources tell fox news the target was in the cleveland ohio, area. we're awaiting a fbi news conference that will come out any moment now. we'll get new details what

is behind this plot. brand new hour starts now for "america's newsroom." we're glad with you're with us. i'm martha maccallum. bill: i'm bill hemmer. five people were arrested and in court today. kelly wright. what do we know about the plot? what are we learning? >> reporter: cleveland division of fbi released news release. the five individuals under arrest had a intricate plot to use smoke grenades to distract police in order for coconspirators to topple financial signs on high-rise buildings in downtown cleveland that was part of their plot according to the complaint. the plot later developed using explosive materials such as constructing two improvised explosive devices using powerful c-4 explosives. they were to be placed on target of and remotely detonated. they discusses various individual targets in and around cleveland over the several months. the final plan the route 82

northfield high-level bridge as being designated target. it that causes brexville and cuyahoga hills. the three of the men arrested are self-proclaimed anarchists who form understood a small group and considered carrying out these plots. bill: wow! was there ever any danger to the public, kelly. do we know that yet? >> the word we're getting from fbi right now says the public was never in any danger from the explosive devices. in fact those particular devices were under the control of a under cover fbi employee according to information we received today. law enforcement authorities closely monitored the defendants as well. also, the explosives the defendants purchased and attempted to use were inoperable. steven anthony, the special agent in charge of the cleveland division of the fbi, he issued the following statement about the matter. he states the safety of the citizens of the northern district of ohio is and continues to be our primary focus. the individuals charged in

this plot were intent on using violence to express their idealogical views. he goes on to add that the joint terrorism task force will continue to be vigilant in its efforts to detect and disrupt any terrorism threat, domestic or international. bill, as you mentioned, the five individuals who have been arrested will appear before a federal magistrate in u.s. district court today in cleveland. bill: the bridge is tall. stretches over a river. if it were to go down it would be a sight. kelly wright, thank you. more details from the fbi in cleveland in a matter of moments. martha. martha: could be tough to get around according to may-day protesters that plan to disrupt cities coast to coast. occupy wall street back again this morning, folks and they're calling for a general strike, promising city-paralyzing events in major u.s. cities. trying to stop people with actual jobs from actually getting to those jobs, 99%s are. eric bolling co-host of "the

five" on fox news channel. >> good morning, martha. martha: i come in early. i don't know how bad it is out there at this point. what is your take what this actually will shape up to be like? >> i just came in. arrived 35, 40 minutes ago there was nothing, nothing to be seen. if i may, read this very quickly. got a tweet just now. said occupy wall street hashtag me. things arer gooding up on the ground, good luck. apparently things are starting to roll in new york city at least. what this is, this is occupy wall street teaming up with the labor unions saying they will have a day, i guess, rebel, don't work, don't go to the banks. don't send your kids to school. it is really kind of crazy, martha. this is why the occupy wall street group will never gain steam. this is all about creating problems for the 99%ers, not just the 1%s. 99%ers have to take our kids to school. we have to go to work to pay

our families to eat and commute. this is absolutely crazy. what they really should be doing is handling these protests in a nice sane way and say we need more representation in washington, d.c. but, that is not what they're all about. they want to disrupt businesses and people's lives. my take it is probably going to fizzle out pretty soon. martha: the slogan as you point out, the message they are putting out there today, don't go to work, don't go to school, don't bank and don't shop. i mean, i don't know how that will resonate with a large group of americans who have to do all those things just to basically get through the day of the as you point out, when they were moved out of the tent cities in lower manhattan the idea was to kind of take a break, regroup and come back in a way that would work better for them. >> right. martha: and that's the question as to whether -- we hear they will be fired up all through the summer. we'll get an indication today. >> right after that, towards end of the summer last summer the democrats were kind of embracing the movement a little bit, saying hey --. martha: president did as well.

>> he did as well. all of sudden the communist party wanted to jump on board. there was all the violence in oakland, california. democrats started to push back. the occupy movement is really going back and forth between anarchy and wanting legitimate representation in washington, d.c. when they figure it out i think the democrats will decide whether to join on or not. but the interesting part, labor unions joining on with them. labor unions are close to the democratic party. they're playing both sides of this fence. martha: we'll see what happens. eric, see you on "the five." thanks, buddy. >> thanks, martha. martha: context what started may day originally. it was designated as an international labor day by the international socialist congress back in 1889. it was a major holiday in soviet union and communist countries and historically a popular day for political demonstrations. today may day is a holiday in more than 80 countries. more than about the maple, you know? more to may day than the maple. bill: east berlin, now

berlin. not so big here. back at america's election headquarters. a roller coaster ride in key presidential poll. right now mitt romney has a slim lead over president obama. latest gallup tracking poll. five days ago the president had a 7-point lead. bob cusack, managing editor of "the hill." bob, good morning to you. >> good morning, bill. bill: what do you make of it? >> i think these polls will be volatile. it will go back and forth. bottom line this is anybody's ball game. mitt romney has had a uz brooing primary. he is right there. president obama i still think he is the favorite. he has more path to 270 electoral votes than romney does at the moment. that could change very quickly. bill: goes to question, why are we six months out. you went through a uz brooing primary campaign. with all the arrows flying back and forth why is romney essentially tied? >> i think it's the economy. "the wall street journal" recently had a poll, 60% of

respondents don't approve or think the president's policies on the economy have helped the economy. that will be a main determinant. unemployment rate has gone down. the fact those numbers, the poll numbers haven't moved too much that is bad sign for the president. he has the edge two to one, sometimes three to one depending what poll you look back on likeability. that is big deal. bill: you can win the electoral, you can win the national vote and lose the electoral vote. >> yeah. bill: when you start to look how this map breaks down, i think it is so tight right now, bob. i'm not so sure it will change very much the same players pop up again. whether it colorado in the west. or whether it's ohio in the midwest or florida in the southeast. those are the states where the victory will tell us. where victory rather, will tell us who is the next president. >> absolutely. forget the 2008 map when obama won 365 electoral votes. you have to go back to 2004, 2000, republicans will need

to win ohio, florida. it will be very close. now, i think, states that obama won in 2008 like indiana, north carolina, those are probably going to go to romney. so virginia, battlegrounds out west. why the hispanic vote is so important. this will be one tight election. bill: to that point, it is interesting where romney has been over the past week. pennsylvania, a republican has not won that state since 1988. and the state of new hampshire which has fon back and forth over the past couple of cycles. >> romney is down in new hampshire right now. so some of these will be serious attempts to win these states. and some of these will be head fakes where they want the other to spend time and money in those states even though they don't think they will win it. michigan is one of the states where the romney campaign will have to decide should we really go after that state. that is another blue-leaning state. a lot of strategy and a lot of twist and turn over the next six months. bill: watch the rasmussen

numbers too. that is likely voters. >> yes. bill: you have to go a little deeper in the question to find a likely voter. bob cusack live in washington. great to see you. >> thanks, bill. bill: martha? martha: there is a brand new shocking report out this morning says some of america's biggest companies, some are corporate advisors to the president believe their health care costs are actually going higher as a result of obamacare. bill: also a top federal agent charged with protecting america, now charged with a crime himself. what happened here? we'll tell you. martha: just released, chilling 911 calls from jennifer hudson's sister in the moments after she found her family dead in their home. i love cash back. withhe bankamericard cash rewards credit card, we earn more cash back for the things we buy most.

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bill: we are hearing now for the first time these chilling 911

calls made by actress jennifer hudson's sister, when the sister discovered several family members murdered inside of their home in chicago. julia hudson walked inside and found her mother shot dead on the living room floor and begged the dispatcher for help. >> please, please, oh, my god. >> i don't understand what you're saying. you've got to stop screaming. >> somebody has killed my mom. please. >> somebody did what? >> somebody has killed my mother. >> somebody killed your mother. >> please help me. >> does she need an ambulance? >> i don't know, i'm squared. please, please send an ambulance, please. where my brother at. i don't know where julian is or nothing. bill: the tape was played at the trial of william balforu accused of killing the actressess mother, brother and seven-year-old nephew in

chicago. martha: let's head back to washington now. house republicans have released what is being called a bombshell new report on rising healthcare costs. the house committee points to several of president obama's corporate advisers as admitting that the law would spike the cost of coverage. the white house dismisses this document as a "partisan report." let's find out what is going on here, we have congressman joe barton one of the republicans on the commerce committee. good morning, glad to have you here. >> glad to be on your program. martha: who weighed on this. what corporate advisers weighed on it and what did they say? >> this is the competitive council that president obama appointed. it's got 27 corporations, companies like kodak, xerox, comcast, southwest airlines, general electric. these are kind of mainstream u.s. corporations, and they have looked at the obama healthcare law and come up with the obvious

conclusion that it's going to raise healthcare costs and cost a lot more money, not just to corporate america but to average americans who have to pay for the new man dates out of their own pocket. martha: they say that would come from higher taxes, that it would come from fees and bureaucratic burdens according to this report that is entitled higher costs, more confusion and less coverage. the other side, the white house basically says that this is a part son report as i mentioned in the event throw, they say it's misleading, inaccurate and contradictory and that democrats have come up with their own list of companies who say that they think it will indeed lower their costs. >> well, you know, facts are facts. you can interpret them different ways, but here is two facts, there is an individual mandate, every american has to have health insurance, so you're going to cover a lot more americans, and that is going to cost more, number one. number two, corporate america, which generally provides

healthcare for their employees have more money dates in what they have to cover. there is a standard of coverage that is going up. if you cover more people and the standard of coverage goes up it's going to cost more. martha: the white house and democrats who support the bill have argued that the costs will decline over time because of things like preventative care being covered and over time it will pick up things that could be treated more quickly and that that will help some of thess ka hraeugt costs. yo the escalating costs. >> they are living in a cream world if you require more people would be covered and require that they be covered more thoroughly it's going to cost more. what this report also points out the obvious fact that the penalty for noncoverage in the healthcare law, in other words, if corporate america drops healthcare coverage they save a lot of money. southwest airlines, to cover their employees cost them $400 million under the law per

year, but if they drop the coverage and pay the penalty it only cost them $100 million. don't you think they are going to drop their -- martha: that's what they are saying that all companies across the country are dealing with now. i want to ask you about the political implications of all of this. obviously we are in an election year, that comes to no surprise to everybody. both sides want to make sure this issue is front and center with voters, that it's on their minds. frankly it won't be really affecting them until 2014. is that part of this effort to make sure people understand in your eyes what you believe the implications of this are and that they are thinking about it when they step into the booth? >> i think speaker boehner and energy chairman fred upton and subcommittee chairman cliff stearns want the american people to know the facts. this report, the minority democrats, mr. waxman have put out an alternative interpretation of the facts. but the facts are as stated in the report. if you cover more people and

require the coverage to be more thorough it's going to cost more, it's that simple. martha: representative joe barton, with your saoeufpltd thank you sside. thank you so much. good to have you here. bill: we have new details on a plot to blow up a bridge in northern ohio. we have pictures of the suspect involved. we'll bring you an update in a moment what we're learning from the f.b.i. he's repeatedly rejected taufbg being mitreject talk of being mitt romney's running mate. now he's raising eyebrows with what he said yesterday. we'll tell you what he said and you can decide. martha: he has people talking again. this man's little boy suffers from autism an was bullied at school. he never expected, though, to be bullied by a teacher. stewart chafitz joins us with an update on this story, there is more to tell here east went undercover to protect his son.

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bill: as we mentioned right before the break now we now have the pictures of five people arrested in this plot to apparently blow up a bridge south of cleveland, ohio. federal prosecutors filing charges on tuesday against three selfproclaimed anarchists. at least two others for conspiring to use explosives. this is about ten miles south of the city of cleveland. the public said to never be in danger because the explosive devices were controlled by an

undercover f.b.i. employee. there is a shot of the bridge on screen now. the complaint alleges the three selfproclaimed anarchists formed a small group and a series of plots over several months. there was a press conference that began about 20 minutes ago in cleveland. when we get more we'll pass it to you. that is the first time we have seen the identities of those involved. five arrested in cleveland on this may day, 1st of may. martha: quite a story. we are 23 minutes past the hour. here are headlines right now in "america's newsroom." it turns out the rate of home ownre ship in the united states is p falling. it is at a 15-year low. officials are blaming high foreclosure rates and a strong represent almarket for the drop. a judge has ruled that a hotel maid can indeed move forward with a lawsuit against the former head of the international monetary fund. the maid, remember this story, she claims that strauss-kahn assaulted her in a new york city

courtroom. could it be a hint from new jersey governor chris christie, the longtime mitt romney supporter admitting that he could possibly be convinced, bill, to run as mitt romney's vice presidental running mate. he says he loves his job as the governor of new jersey, and who wouldn't, it's the greatest state in the country of force, thank you mr. hemmer. he said if mitt romney wanted to discuss that possibility with him, he would of course be open to talk about it. bill: we've dangled this out there before, haven't we? are you buying this particular volley. martha: you can't turn down when someone who wants to be president wants to speak to you about being vice president. you owe it to them and the office to at least hear them out. bill: a lot of them are fighting for oxygen in the room. we'll see. more than a million dollars stolen from uncle sam. it looks like an inside job by a guy in charge of protecting america. this might just be the tip of the iceberg, people.

william la jeunesse live in l.a. on this. what gives, william, good morning. >> reporter: this is a major break down on two fronts. one you have a travel scam where ice wasn't even requiring a seat when employees filed expenses, secondly an intelligence failure where the highest ranking officials with top security clearances are going to the middle east unauthorized with secret bank accounts and the administration doesn't even know it. immigration and customs enforcement, or ice, is america's second largest investigative agencies after the f.b.i. at its highest level was games woosley who oversaw an $80 million budget and allegedly stole part of that tax pay err money for himself. living the high life under the radar in an elaborate travel scam that aeu houd him to buy a new home and boat. here is how court records say it worked. up to seven ice coworkers traveled to washington where they claimed to stay at local

hotels, but actually stayed at wooslys homes in virginia. his live in tkpweurld friend and an ice colleague created false receipts. i approved the expenses and got a kickback for after the amount when the workers got reimbursed. prosecutors say he embezzled about $180,000 in a scheme that defrauded taxpayers of more than a half a million. one of the ice employees involved was the el paso intelligence chief. the f.b.i. says he wired 570,000 to private middle eastern accounts and failed to disclose 1.2 million held overseas. they say the former colonel took unauthorized trips there. he lied about his past and wasn't fired and kept his national security clearance.

he was also not supposed to have that passport. four of five pled guilty to embezzlement. homeland security is demanding to know what happened. they don't know where he got his hands-on $1.7 million. bill: i'm sure you'll follow it. thank you, william in los angeles live on that story today. martha: a history teacher charged with assault for going a little too far in a lesson on the holocaust. how she turned her classroom into a natzi germany. bill: the man once in charge of interrogating terrorists now says the cia cannot do its problem an says the blame goes to the white house. >> it's a mistake. even if we captured, we no longer have the discretion and the leeway that we used to. now we are bound by the army field manual, which restricts.

>> any of this. >> any of this.

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ah, welcome to hotels.com. bill: there is a scathing op.edu from a former director of the cia for for president obama taking credit for the death of osama bin laden. he said they did all the intelligence, capturing and interrogating years ago. >> this tool saved hraoeufrbgs i am convinced that ilives.

it allowed us to stop plots against us and go after all these terrorists. we don't capture anybody any more, so would he don't get the intelligence any more. bill: one of the techniques is waterboarding among other things. ambassador john bolton, former ambassador and a fox news contributor, good morning to you. there has been a lot said in the last 24 hours, back and forth, from the east room to the campaign trail. what is your take on this? what do you make on this. >> let me try and separate political spin from reality. there is no doubt that an incumbent president benefits when good things happen while he happens to be sitting in the oval office. and politicians being politicians they will try to take advantage of it. but that is different from being able to say that the president's actions effectively, more than anything else, actually caused the good thing to happen. the killing of osama bin laden was a national triumph for the

united states, and it was ten years in the making, two presidents were involved in it, hundreds of thousands of our intelligence and military personnel, and it ended successfully. president obama's involvement was to make one decision, an important decision, one decision. and i think what offends people is that instead of recognizing it as a national triumph and having everybody share in it, that the obama administration has tried to make it look like the president did everything, including fast roping out of the helicopter and pulling the trigger. that's what i find objectionable, because that is the thing that is most divorced from reality. bill: talk about the political back and forth. mitt romney was asked about this on cbs earlier today, and he said, i think trying to attack me on that basis is inappropriate, and the wrong course. >> well, i think it's certainly unpresidential for president obama to be behaving this way. you know, in terms of the

difficulty of the decision, there is always risk when a president makes that kind of decision, and to impute an unwillingness to make it to his campaign rival, i just think is beneath the dignity of the offers. maybe it's a successful political technique, it will just mean our politics has been degraded one more level if that is true. bill: i wonder how much this matters in october, or early november? it might be a headline for the moment, but that moment is going to pass and in all likelihood the focus goes back on the economy, does it not? >> here is where i think it could be important. this is something that i looked at myself when i considered running. i think people look at national security and the president's role as a surrogate for the big question of presidential leadership. they want to know they've got a president with judgment, with integrity, with vision and leadership, and they know also they delegate a lot of authority to the president in the national

security field. being able to establish national security credentials i think is a very important element in showing presidential leadership, and i think that's what this issue is fundamentally about. bill: one more point on all of this. be careful you don't fly the flag too high and proud on this. if we get hit again overseas or even here at home a lot of this could turn on you. >> i think that's right. i think there is also a risk here that, you know, the american people are more sophisticated than the obama white house gives them credit for. they can see is spiking the football in the end zone. they know about the brave men who actually carried this operation out, and the many hundreds and thousands of others who haven't got even attention who were part of the overall operation. and i think this is just a little bit too much me, me, me on the president's part, and i think the people will react accordingly. bill: john bolton, thank you for your input today. mr. ambassador, good to talk to you. martha: interesting. earlier we asked your opinion on all of this. do you believe that the killing of bin lad din has been phreut

sized iphreut sized. 99% say they do think it has become two political. 1% says they don't think it has. all of the latest news, our interview, our show, you can get it all, look at it again, foxnews.com/"america's newsroom," head to our website. bill: that's where we are every night before going to bed. martha: pouring over it. there are new developments this morning in the u.k. phone hacking case that involves the parent company of fox news, fox corp. amy has been on this story. >> reporter: the parliamentary committee was divided in their report today, divided along party line. that may mean that the effect of this report that it issued will be watered down when it goes before the entire parliament. one thing, this committee of course looking into the practice of phone hacking at the now defunct news of the world.

one thing the committee was unanimous about was that it found no evidence that either rupert murdoch or james murdoch misled the committee, but what they did agree on was that three executives or former executives of news corp. misled the committee. however, more broadly the report was very critical of corporate governments at news international, and described a willful blindness on the part of the chief executive rupert murdoch about what was going on. >> international news corp. in my view any way acted as if they were above and beyond the law, and to suggest that some people have suggested that there is some sort of glass ceiling that didn't reach rupert myrrh districrupert murdoch or james murdoch in the words of the report is astonishing. >> reporter: not all committee members supported that point of view.

the most controversial line in the report claimed that rupert murdoch was not fit to run a global media company. >> he's been running businesses since before i was born. he's run successful businesses and employed hundreds of thousands of people around the world. he's made a huge difference to the media industry. >> reporter: martha, it was that line about ruper rupert murdoch not being fit to run a global media empire that complete lee divided the committee. those people who voted against it said that assertion was way outside the scope of the investigation. they were really supposed to be looking at the extent of phone hacking at news of the world, who knew what when and who potentially misled the committee. news corporation says it's going to take some time to sift through the lengthy report and will make a comment on it shortly. les hinton for his part complete

le completely refutes the allegations about him in the report. bill: he thought his son was being bullied at school so he dropped a tape recorder in his backpack. now the father, stuart chafetz joins us live with a new twist in his case involving his son. martha: she was giving an interactive lesson on the holocaust, why she got a little too interactive. why she could be out of a job. >> it's kind of surprising to me. she's a great mom, a great teacher as far as i know. and seems to really care about our students. i mean i'm really surprise bed this. [ male announcer ] what's in your energy drink?

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bill: here is a middle school lesson that did not go the way probably a lot of folks expected. south carolina police say the teacher assaulted a student.

the teacher was giving a lesson on the holocaust. they are lawyers say it was supposed to be an interactive lesson, and she sold the students, quote, this is what the natzis do to jews, end quo quote. >> the teacher came up to him, grabbed him by the collar of the shirt. made a derogatory comment to them. pushed him under a table and left him there. bill: she was put on administrative leave, the teacher was in south carolina. martha: another school story for you this morning. the teacher at the center of a verbal abuse investigation has now been placed on paid leave. new jersey school officials say this a second teacher resigned after the father of a boy with autism strapped a digital audio recorder to his son to hear what was happening at school after he was disturbed that his son kept coming home very upset. he then posted those recordings

on the internet. here is some of it. >> here. [inaudible] martha: you hear that at end, the word that she calls that little boy. the boy's father immediately blasted the teachers on that tape, took it to youtube and here is what he said in that. >> you heard him crying instantly, and he's a. [bleep] for that? what kind of sick, twisted person does that to a ten-year-old boy? martha: stuart chafetz definitely got his message out. that video went viral on youtube, a hraoft people listening to the tape of what the teachers said in that room to that little boy. he is back with me again in "america's newsroom." good to have you back, sir. >> thank you.

>> a lot has happened since we last spoke, and the teacher who you claim had responsibility really for this classroom, kelly altenberg has been put on paid leave. she was at another school. is she at home? where does she spend her time while she is being paid by this school system? >> you know, i would assume that's correct, that she is probably at home. and let me just say something, that the fact that the investigation has been -- is ongoing, that she was put -- is a vindication of what i've done. her lawyer put out a statement saying a lot of things which i found offensive. and the fact that the school district is now taking action, i wish they did this two months ago. i wish i didn't have to go through this. and i think that's why we need some changes to our laws so that parents don't have to be as active as i have, that it's an automatic thing. but it is a vindication, but just a start of the process. there is so much more that has to happen in this case. martha: just to clarify for people at home. there were how many teachers and

how many aides were in that classroom that your son recorded? >> well, we know that there was one teacher, there was also apparently from what i've been told, a substitute teacher, and i believe at least one or two more adult staff. i mean part of the problem is that the school district has not been very clear on some of this. and that's why we need further investigation to find out. i want to make sure that every -- martha: i just want to get this in here. the teacher says that she did not say any of the horrible words or phrases that are in the recordings that you put out. she said she was not even in the classroom when those things were said. she said that she feels deeply upset about this. and she feels that she's been wrongly accused by you and then punished as a result. what do you say? >> first ever all -- yeah, first of all if you watch the video i a tribute the worst stuff not to her but to someone else. so, i mean that is one thing. the second thing is -- they said she wasn't there for about an

hour in the morning. it's important for people to understand this happened all day long. there was five and a half hours more, inappropriate conversations that happened throughout the day. other bullying incidents. here is what i have. i kept one clip out of the public view in the beginning, and it's something that i'll be releasing probably this week, but the teacher was there, and it's pretty clear that she was there, and maybe even participated in it, where my son was reading, and then he just put his finger in his nose it wasn't a big deal, then he got yelled at, they said it's gross, he starts to get very upset, and it was just a mean thing to do. so how does she explain being present for that mean thing, and not saying anything, and also, what about all the inappropriate conversations where she is talking about my son's iep meeting, which is a violation of my privacy rights. you know, talking about colluding with staff and how to deal with that. talking about pregnancy. let's erase the first hour of the day, she still has a lot to

answer for. martha: for people who weren't here last time we had this discussions, there are discussions about drinking too much wine, throwing up the night before, all of this discuss ned front of these children in this classroom which anybody would agree is completely inappropriate. one of the teachers or the aides in the room has resigned. it is the main teacher in charge of this classroom, kelly altenberg who is the main folk you of what is going on with the investigation now. stuart chafetz thank you very much. i hope you'll keep us posted on developments. we'll talk about the legal side of this now. i'd like to bring in jeff gold, a new jersey defense attorney, very familiar with the law in that state. jeff, first of all was it within mr. chafetz's rights to record what happened in that classroom, you know, without anyone's knowledge? >> yes, it was within his son's rights. he's a participant . as long as you can hear something you can tape it. so you can wear a wire on yourself, what you can't do is tape two people without their knowledge. as long as you're a part of it

you can do it. martha: the school is saying basically because it's an audiotape they are continuing the investigation and they need to figure out whose voices are saying what words on that audiotape so they can accurately reprimand the people kaeurpbg out -- everybody would agree this is horrific behavior, nobody would expect teachers to act like that in a cast room, right? how hard would would it be to determine what? the people in the room know, i said this part, then she said this part, right? >> they have to do a careful investigation. obviously people's jobs are at stake. you have a tenured teacher, she has certain elevated rights pwaufrs the tenure, they are doing it carefully. but the fact is i think mr. chafetz is exactly right, the fact that the teacher is now on paid leave is an initial victory for his point of view on this. martha: let me ask you this, you just brought up something important. i just have time for one more quick question. she is a tenured teacher as you mentioned, which who means she

can't be dismissed summarily without an investigation. that is going on right now. if it's proven that she was in the room and heard the other teachers talking about this and that she chuckled or laughed or took part in any of this conversation is that grounds for dismissal in new jersey? >> yes, i mean if she was part of the horrific conversations -- look this is special education. you have to have special attention to these children. and this is not something that would be tolerated even in a normal classroom, let alone one of all autistic children in the same classroom. it's store rivets i be, really if she was part of it. martha: jeff, thank you so much. good to talk to you today, jeff gold. bill: back to the story breaking in northern ohio in cleveland, five now arrested. we have picture of the five. three said to be anarchists and two others in addition to those three, said to be plotting to blow up a bridge in the cleveland, ohio area the f.b.i. is talking about this. we have a view of the bridge here. you'll hear from the f.b.i. in a moment right after this quick time out.

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>> reporter: i'm jaime colby. there is a lot happening today, "happening now" at the top of the hour including the latest on the john edwards trial, the testimony from the stand absolutely rivetting. we'll dig in. william la jeunesse has original reporting on yet another government spending scandal, this one involving immigrations and customs. and there is breaking news on a thwarted plot to blow up a bridge in cleveland. i'll talk with one of the big-wigs from the war in afghanistan. seth jones joins us about the death of osama bin laden one year later. the continuedee rows of the middle class in mesh. what it means for the race for the white house. see you soon. bill: northern cleveland off this terrorism task force

arrested five for plotting to blow up allegedly bridges near cleveland, ohio. here now the f.b.i. from this hour. >> despite the defendant's worst intentions and aims, that during the entire course of yesterday's operation the public was never in any danger. the defendants never possessed at any time any real explosive material, and their arrest warrants were signed before they got in the car to head to the bridge. bill: that is the word from the f.b.i. again you heard the public never in danger. this was a bridge we've located south of cleveland, about ten to 12 miles. it stretches over a river down below as you see. it has a pretty descent span. had this plot been carried out, officials are telling us it would have made a heck of a headline. you can channeling what it would have done. three anarchists among the

five. five in total. we do not know if there were more active plots at the moment or how much further this extends past this. once we get more on that out of cleveland we'll have it for you here on fox. martha. martha: president obama campaigned back in 2008 on helping the middle class but with unemployment still high and the economy still struggling big question during this election will be, has he delivered on that promise? what it could mean for his chances in november. no! no! ♪ ew! were you guys just making out in here? what? no! is it okay if i quit my job and start a blog? no. really? cold cuts from a package? yes. [ male announcer ] in a world filled with "no," it's nice to finally say "yes." new oscar mayer selects deli meat. the tastes you love and no artificial preservatives. it's yes food.

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>> president obama has a new re-election campaign, forward, just one word, forward, that is a good message for obama. he says whatever you do don't look back on all those campaign promises of made. just look forward, just look forward. don't worry about that. bill. martha: most poll tell uses probably think that way. bill: tomorrow is wednesday. martha: i'm looking forward to that. bill: me too. 'l