us out. it's a word that we used at some point during the show. good morning. >> good morning, ladies. did you use it in the beginning, middle or end of the show? >> we don't know what it is. >> don't act that you don't know. you always guess it right away. it has a v in it. >> avengers. >> yep! >> got it. >> big movie. movie of the year. >> thank you so much. we appreciate. it >> have a great monday. >> have a great monday and as well as you and everybody else. "fox & friends" starts right now. >> hey, good morning, everyone. hope you had a fantastic mother's day. i know i did. it's monday and it's may 14th. thanks, mom. i'm gretchen carlson. brand new numbers show mitt romney taking a big lead over president obama in the latest polls. did the president's gay marriage stance trigger now a social divide amongs voters? we'll report and you can decide. >> she was killed when terrorists drove her airplane into the world trade center tower.

>> one of the country's top universities, sweeping up a degree from columbia university. it's true. one man's inspiring story. "fox & friends" starts right now. >> welcome, people to studio e. live from midtown manhattan. and gretchen mentioned mother's day. glad you had a great one. >> i did! a little later on, i'll share some of the nice little notes that my kids wrote for me. it's amazing what their perspectives is about what you do all day. >> they saw the hallmark cards and said i can do it better. >> for $9 cheaper. >> not only a note but a picture! yes, you'll have to tell me if you think it's my likeness. in the meantime, we begin our headlines with no trace of a missing f.b.i. agent from

california. 35-year-old steven ivans last seen at his home on thursday night. a massive search combing the mountains and other parts of los angeles county over the weekend. turning up no clues in his disappearance. officials saying ivans' handgun missing from his home. they say he's not a threat to the public but believe he may be suicidal. the defense for john edwards scheduled to start in the former presidential contender's corruption trial. he is accused of using campaign cash to hide his mistress and love child. he could get 30 years in prison if convicted. last week, a federal judge presiding over the trial turned down a motion to dismiss all the charges against him. president obama getting into a new york state of mind. he'll be attending an lgbt fundraiser today. this comes just a week after announcing his support for gay marriage. prompting this "newsweek" cover dubbing him the first gay president. talk about a title. meanwhile, mitt romney expressing his support for traditional marriage over the weekend.

>> marriage is a relationship between one man and one woman. >> politically, many people say this will be most important when it comes down to the swing states. a columbia university custodian finally claims a college degree a dozen years in the making. the immigrant from the former yugoslavia landed a job in new york city after coming to the nus 1992. first, he took advantage of free english classes and in 2000, enrolled in columbia's school of general studies taking classes part time while working his janitorial gig. yesterday, he finally graduated with a degree in classics and he did it with honors. awesome. >> the 52-year-old said he hopes to enroll in graduate school. and those are your headlines. i guess the american dream still alive. >> yeah. >> i wonder if he gets a discount. >> i hope so because it's $55,000. i can't believe the change in fortunes. i don't understand it. and i'm not sure if anybody can conclude what's behind it. that is the latest rasmussen

poll and overall popularity between mitt romney and president obama. >> that's right. there you can see mitt romney ahead of the president by four points. they asked who would vote for a third party candidate. 4% said that and 3% said they were undecided at this point. it's interesting, this is the eighth consecutive day according to rasmussen that the president has been bested by mitt romney. >> you have to wonder, is this because now the conservative vote is coalescing around mitt romney because he's the apparent nominee on the republican side because of the social issues coming up in the last week or could it be the economy? there's been a lot of news as of late that the economy may not be ticking upwards like it was maybe in the last six to eight weeks so, you know, these day-to-day tracking polls are hard to decipher about exactly what they mean moving forward but those could be three reasons. >> i'll tell you what, friday's tracking poll published saturday had mitt romney with 15% of the vote and a recent poll they asked will the president's stance on same-sex marriage affect how you vote in 40% say

yes. it could be positive and could be negative. >> something positive for the election is it sounds like once again in 2008, the young people are energized. we're talking about first time voters, people in their 20's, early 30's. but it's not like last time. this time they're energized on the republican side. apparently, college republicans now say in their 121-year history, they have never had as many mobilized kids and they are ready because they, too, are turned off by the barack obama economy. some like half of them are either unemployed after graduating are underemployed. can't find good jobs. >> last time around, you know what a mal-megrahi mac -- magn that obama did. the way they're trying to get the super pac aimed at younger voters. they're launching $50,000 towards social media in eight

swing states to hope to garner the youth vote this time around and maybe at least have it get back to an even playing field as opposed to last time when it went to barack obama. >> they gained 20,000 in five states including florida, michigan, pennsylvania and nevada. let's talk about what's happening with that circus down at gitmo and you talk about the early, i guess arraignment phase of the 9/11 hijackers. well, one person who won the lottery who has a -- in fact, his wife was one of the people killed in 9/11 has an interesting stance when it comes to those guys getting the death penalty. it turns out that blake allison has let the defense team know that he will support them not getting the death penalty for their crimes. >> winning the lottery meaning that he gets one of the seats to actually watch this as it plays out at gitmo. so why would this guy be in favor of helping the defense when his own wife died in 9/11?

well, here's his attempt at explaining it to "the new york post." just because i was hurt very badly and personally does not in my mind give me the go ahead to take the life. 9/11 was an egregious and appalling crime. i think it's wrong to take a life. do you have to go to the other side that much? do you have to have a secret clannest -- clandestined meeting for the attorneys of khali shaikh mohammed who say i might help you out because i'm going to be down there. he claims other family members are on his side as well. i find that hard to believe. >> here's the one problem, as long as these guys are alive they're going to be used as a possible pawn. for example, you know we have that corporal right now being held up by al-qaida. they're already talking about a prisoner swap with different taliban higher ups so as long as you have khali shaikh mohammed, should they in the next 10 to 15 years should they get a significant person in the west, if they kidnap them, will they be looking for prisoner swaps

there? as long as these people are the planet it will be problematic. >> it shouldn't surprise anybody that this fella blake allison is prepared to testify not to kill khali shaikh mohammed because after all, it was a couple of years ago, the same guy testified on behalf of zacarias moussaoui, the so-called 20th hijacker who did not get the death sentence and instead is currently sitting in a cell at super max in colorado. >> the other big picture thing point of view today is that khali shaikh mohammed might already be dead if they actually would have continued the trial that they started the first time. 3 1/2 years ago when, as you recall, he at that point, hit the defense with yeah, i did it. i'm proud of it. i did it. kill me. now it's 3 1/2 years later and now we're retrying this whole thing and now they've tried their entire defense. so somebody's testimony like mr. allison's could play a big part in not having that guy be put to death. >> i'll tell you something that is really frustrating, 9/11 didn't have to actually happen

had we taken out usama bin laden back in 1999 during the bill clinton administration. last night on "60 minutes" there's a guy that was the head of the special unit of the c.i.a., he was in afghanistan and they were trying to figure a way to get a bead on bin laden. they knew he was a bad guy and responsible for a lot of terror. they wound up using one of those predators but it did not have a missile on it. they could only see him. they watched bin laden and they wanted to kill him and they called the white house. and this is what happened. >> our human sources took us to a village not far from kandahar. >> what did you see there? >> we saw a security detail, a convoy and we saw bin laden exit the vehicle. >> clearly? >> clearly. and we had the optics that were spot on, beaming back to us. c.i.a. headquarters, we immediately alerted the white house and the clinton

administration's response was well, it will take several hours for the cruise missiles launched from submarines to reach that objective. so you need to tell us where bin laden will be five or six hours from now. the frustration was enormous. >> so at that moment, you wanted to kill him? >> yes. >> but you couldn't get permission. >> correct. >> you're talk about the beginning of the hellfire missile and the drone program. they tried satellites it was too far away and they came up with the drone and the hellfire missile and now you see what we're doing with the drone program. flat out incredible. >> that's right. >> speaking of incredible, you had a fantastic friday. >> his book is "art of intelligence" and hopefully get him in here. on friday, i had this luncheon, i was asked to -- i was asked to host and you're not going to believe who was there. it was like if you were a football fan going to canton, ohio. if you're a baseball fan, going to cooperstown. the national foundation of patriotism. what they did is they called in nine -- they called in all of they will but nine of the 13

living medal of honor recipients and there's a look at them from all different eras, all different wars going all the way back to iwo jima and up to vietnam. so many of those people including a philanthropist and they put together an incredible luncheon honoring these guys. i had a chance to look into their background. this one stood out and they all are incredible and they don't want any credit. that's corporal woody williams. he was at iwo jima and he actually only 17 of 279, only 17 of 279 that were not wounded or killed, he was one of them. when they couldn't break through enemy lines and the japanese had set up networks and tunnels, he jumped through enemy lines and with a flame thrower and smoked them out over four hours. blew them all away and was able to allow the marines to move forward. he was honored. that is captain james livingston, now general livingston. not only did he oversee the evacuation of saigon in 1968,

april 30th, he led 100 plus soldiers through the rice patties to try to save another unit. only 35 were left. he withstood two hand grenades that were thrown at him and able to personally take out 20 vietnamese in hand-to-hand combat. shot in the thigh. told his men to leave him. they wouldn't. they wear it not only for themselves but the ones that lost their lives to understand what they went through. >> they're legends and you also write, they don't want any credit and it's hard to get them to talk about what happened. they have amazing personal stories. >> the guys that fought in vietnam, all they care about is making sure the iraqi and afghanistan soldiers don't get the horrible treatment that they did. >> you do so much work on their behalf so the honor goes both ways. >> actually, they like the show. from the producers to us, they know we're pro american. >> somebody's got to be. >> coming up on "fox & friends"

-- a car takes a wrong turn and makes quite a splash and get this, it's not the first time this has happened in this family's pool? >> lexus parking and want to know where entitlements will lead us? look at california, the governor just announcing they are $16 billion in debt, almost double what they expected. is this where america is headed? stuart varney is headed in the studio e. he's next on the "fox & friends" program. good morning, stuart! you can't argue with nutrition you can see. great grains. great grains cereal starts whole and stays whole. see the seam? more pcessed flakes look nothing like natural grains. i'm eating what i kn is better nutrition. mmmm. great grains. search great grains and see for yourself.

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only centrum goes beyond. providing more than just the essential nutrients, so i'm at my best. centrum. always your most complete. >> we're now facing a $16 billion hole. not the $9 billion we thought in january. >> oopsy daisy. california governor jerry brown

announcing this weekend the devastating state of california. the poster child for entitlements, well, guess who says that he needs to bail them out more now with the wealthy than ever before. >> stuart varney is absolutely hot under the collar on this one. we just saw the governor, former governor moonbeam as he was known in california say in january, we thought it was going to be $9 billion. we're at $16 billion. how can they make such a boo boo? >> he delivers the message on you tube. that's extraordinary. what a shocker! how can you be $7 billion off in five months? how could this possibly happen? i'll tell you, number one, they didn't get all the tax revenue they thought they were going to get because california's economy is really flat on its back. number two, they couldn't make the spending cuts they wanted to because the courts intervened and stopped them. so what does governor brown want now? more tax increases. >> of course. >> tax the healthy, raise the sales tax which in fact will make things far worse. there was an exodus of -- >> people stop spending. >> they will stop spending and businesses are exiting and the

demographer says four million middle classical calians have left the state in the last five years. those are paychecks where they're not being paid. nevada, texas, utah, they're leaving. california is spiralling down into a real crisis. >> and why wouldn't people understand that this might be what happens when you start to raise more taxes? i mean, we've been watching businesses move to texas for the last couple of years. >> i'd dig even deeper than that. it's not just a question of raising taxes, getting less revenue and not being able to pay for things. it's that the entitlement state and california is the poster child of entitlement states, you can't afford it. you cannot pay. you might think you'd like to be able to do all these good things for the poor and everybody else. you might think you'd like to do that but economic reality strikes. you cannot do it. >> the story is not over yet, right? because there's an election. >> there is an election and i think california will vote solidly for president obama because they want, they hope, they desperately need a federal

bailout and they think that president obama will do it for them. >> and unlike the federal government that can print money, a state government cannot and that's the peril. >> this is a worldwide crisis. entitlement states all around the world from europe to america and every place else, you cannot pay and the world is in the middle of a debt crisis and you're seeing it right now. >> it feels like we're getting to a tipping point. >> i think we're there. california just showed it and in europe today, markets are selling off big time. the greeks cannot and will not pay. that may spread to portugal, spain, they're collapsing. >> that's why many people feel this upcoming election is a tipping point for america as to whether or not we will also become an entitlement nation. >> which way do we go? >> i'm glad to see you fired up. i'm going to be on your show later and i want to see fire! see you there. coming up on "fox & friends", in recent weeks the obama campaign doing a good job of getting the economy off the front page. didn't they attack john mccain for the same thing in 2008?

>> senator mccain and his operatives are gambling that they can distract you with smears rather than talk to you about substance. >> our washington insiders up next to weigh in on the double standards. >> then they refused to give up their property so they say the government came and destroyed it.purpose! you have to hear this story. straight ahead live on this monday, "fox & friends." i love cash back.

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>> 24 minutes after the top of

the hour. a couple of quick headlines for you. a rogue terrorist group taking credit for the murder of a senior afghan peace negotiator. we told you this weekend he was shot and killed in his car while waiting in traffic. the group that killed him also has ties to al-qaida. and soon, dangerous weather alerts will be coming through on your cell phone. the government and wireless carriers teaming up now to launch a system where emergencies, where you're located will automatically be sent to your text message without having to sign up. sounds good. brian? >> when we get distracted by those types of questions, i think we do a disservice to the american people. it's easy to get caught up in the distractions and the silliness and the tit for tat that consume our policies. >> senator mccain is gambling they can distract you with smears rather than to you about substance. >> that was then presidential candidate barack obama on the campaign trail in 2008 going after senator mccain for talking about issues other than the

economy but three years later, is the president using distraction tactics of his own to draw attention away from his economy for a fair and balanced debate, we're joined right now by our washington insiders. tom sullivan, the founder of mainstreet for mitt and marjorie clifton, a senior voter advocate. do you see, tom, some deception here? >> yeah, brian, i think that the obama campaign very much wants to distract voters from the economy. >> in what way do you think they're doing that? >> well, i think any time he's able to talk about gay marriage or other issues and not talk about the economy, then the campaign is happy. but i don't think it's going to last for long because this election is about main street. it's about small businesses in america recovering and that has to happen in order for job creation to turn around. >> in terms of the news cycle, marjorie, same sex marriage swamped all competition, wouldn't you agree? >> absolutely. when you talk about distraction, welcome to election season. this is what we're going to see,

both candidates doing it at all costs to focus on the issues we know is important for them. for obama, the economy will be a tough one. absolutely. it's been one of the toughest issues throughout his whole presidency but, you know, we saw romney yesterday or the day before yesterday giving a speech at an evangelical university not going towards his mormonism or focusing on the issues of the same-sex marriage knowing that may not play well to that audience so let it begin! >> would you think, tom, there's a difference between calling up "good morning america" and saying i want to interview you and tell you -- interview with you and tell you about my new stance on gay marriage as opposed to responding to an invitation to speak at a commencement? >> well, i think mitt romney is doing a great job of creating a distinction between what he views is the path forward for job creation and the record of the obama administration over the last 3 1/2 years. romney knows that if president obama has to run on his record,

then romney does better with voters. he does better with voters in florida that we saw recently in the suffolk university poll and certainly in states like nevada that in the last election went for obama, they're realizing the highest unemployment in the country. and so those voters right now are focused like a laser beam on jobs and the economy. >> and marjorie, finally, the president now has an ad rolling out today, we understand, that attacks -- that has some interviews with people that allegedly under bain capital, mitt romney's company had a role in their business not existing anymore. is that a distraction or what american people want to hear ? >> i would say that does play into the economy message. running a business effectively looks to what you run the economy. he unrolled his five-point plan and what he wanted congress to do that were issues that would improve the economy. he was talking about it in

nevada as well as job creation and helping people with their homes. so he's going to have to get in the mix. he's going to have to get out there and talk about it whether he likes it or not but i think he's -- i think he's doing it. >> i think back to bill clinton. it's the economy, stupid. i think both should understand that. >> that's right. >> meanwhile, thank you so much, marjorie and tom, good job. >> happy to be here. >> thanks, brian. >> up next, a car takes a wrong turn and makes quite a splash into a family's pool. but it's not the first time and breaking news from the $2 billion trading blunder at j.p. morgan chase. who is stepping down? and the washington regulators who say this is proof we need to break up the banks? [ male announcer ] when this hotel added aflac to provida better benefits package... oahhh! [ male announcer ] it made a big splash with the employees. [ duck yelling ] [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. ♪ ha ha!

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>> we've got a fox business alert for you. it could be later on today that some top execs at j.p. morgan could go out the door. including a 55-year-old woman who ran the risk management division responsible for the big losses, she could be out and the guy in london known as the london whale also known as valtimort because he's the guy that had these gigantic bets that lost them at least $2 billion could be north of that, though. >> so this all happened within

the last couple of months, as you recall, the guy who runs j.p. morgan, jamie diamond, many people believe is the king of banking industry in america. highly respected. and in april, he came out and basically said that he didn't see that there was any problem with some of these -- these investments that had been made. well now, just a month later as they become public, he had a different stance yesterday and was very apologetic. listen to this. >> we know we were sloppy. we know we were stupid. we know there was bad judgment. we don't know if any of that is true yet. but of course, regulators should look at something like this. that's their jobs. we are totally open with regulators and they should come to their own conclusion. we intend to fix it, learn from it. >> in six weeks they lose $2 billion and i understand it could get a lot worse. it could get worse before it gets better. essentially they made $100 million bet that went down 2% and earlier, david gregory talked to him, i think on a wednesday. by friday, this all comes down so he has to go back and

re-interview him. prior to that, he says i'm barely a democrat. he says this is -- this administration is anti-business. they attack success and it doesn't sit well with him. but now he will lose a lot of credibility when he reports like this. but fundamentally not spending a lifetime in big business, he does not want to be back stopped by the government. he says we should be forced to , you know, to live or swim by what we are -- the decisions we make. isn't this all private money? he's not playing with our money. >> that's right. >> they're not asking for a bailout. what a lot of people up on capitol hill now, democrats in particular are saying, look, the reason this happened is there's not enough regulation. jamie diamond himself says that because of dodd-frank they had to have a higher margin of money in the bank and that actually kept this from getting much worse. plus, if you look at regulation, the s.e.c., how did they do stopping the madoff scandal with the ponzi and stuff like that? not well at all.

what makes them think it would be the answer. >> there's a commentary written by charlie gasparino that works at the fox business network. >> he came to our christmas party. >> did he ride the bull? >> too much bull on wall street. >> he's giving an editorial in "the new york post" today. he argues the whole idea of having more regulation doesn't mean that you would in fact catch even these kinds of mistakes which by the way, hate to inform you, folks, a $2 billion mistake to j.p. morgan is not that huge of a deal because they are trading in so many more billions and trillions. >> they're probably still -- even with losing $2 billion this quarter, they're probably still going to make $4 billion. we're talking about a lot of money. do you think there's time for more regulation? >> e-mailler from california says this. the huge dodd-frank bill hasn't regulated risky transactions. it doesn't touch activities of

larger banks like j.p. morgan chase. >> interesting point. and william had this e-mail. how much does the government lose in a day? talk about an organization that needs more oversight. >> and ken from ohio said i would add one regulation. banks should not be able to make such bets with depositors' money. they should only be able to place investors' funds at risk. investors are willing to take upon themselves some risk while depositors are looking for safety. that's a great point. >> smart viewers we have out there. thanks so much. keep the e-mails and tweets coming in. >> now at 24 minutes before the top of the hour on this monday morning, let's take a look at some of your headlines. overseas markets rattled as euro officials weigh the possibility of the country of greece leaving the european union. this comes as greek party leaders struggle to form a government hoping to avoid new elections. this weekend's talks failed. the president has until thursday to broker a deal over there. this mess has caused the euro to fall for the 10th day out of 11. the european markets currently

weigh down. >> a new report out in "the new york times" this morning revealing that the president called several african-american pastors. he was trying to explain the decision to the ministers who weren't enthusiastic about the announcement. making it clear it might make it difficult to support his re-election. >> a driver said to be under the influence ends up underwater. check this out, a family in california had a rude awake inning when their car plowed through a cinder block wall and wound up in their swimming pool! >> just very scary. i was very afraid because my daughter's rooms are right there. and this is the second time it happens. he was drunk. there was beer cans floating in the pool. >> wow! cops say the driver climbed out of the window after the car went under. he suffered minor injuries in the crash. the home owner says someone has hit that cinder block wall before but never actually ended up in the pool. >> i see the street abutts right

to it. >> a happy homecoming for one south florida soldier as he gets to see his daughter. >> been a long time so it's, you know, i'm glad to be back. you know, with my lovely wife and beautiful daughter. >> air force sergeant kirk mile holding his newborn baby girl for the very first time. he's been on tour in the middle east. he spent seven months in kuwait. baby sarah was born six months ago. look at that. hope, you know, now sometimes you can actually see those births via skype. >> it looks like it was father's day on mother's day. let's take a look at where it's raining on monday. we have a lot of rain from new england through the mid atlantic. some spotty action in portions of florida. and as you can see, some heavy stuff moving through the rio grande valley of texas up through the panhandle region of texas and oklahoma. meanwhile, the current temperatures as you head out the door, here in new york city, you walk outside, it's 66 degrees. if you're walking outside in

raleigh, it's 63 degrees. if you're walking outside in tampa, 76. we have 50's and 60's across the central plains. out west today, it will be another hot one in portions of southern california, the desert portions. 103 in phoenix. those folks are still sound asleep we're hoping. high of 70 which is the same for cleveland and caribou. warmer than that in the mid atlantic and 80's down south. rainy in portions of florida today but perfect yesterday. >> yeah, we're talking about a close one at the pga for a guy that's always in the top 10 but rarely walks away with the crown. winning the players championship by two strokes this weekend. one of america's finest. kutcher closed with a 2 under 70 to finish at 13 under 275. the win was his fourth on the tour and by far his biggest. he celebrated on the 18th with his wife, two sons and his mom. meanwhile, basketball. lebron james picking up his third m.v.p. trophy.

says he wants a different trophy. he led the heat to a win against the pacers and they had to come back and do it. in game one of the eastern conference semifinal, james' 32 points. i had no idea he could hit the rim. 15 rebounds as well. final score, heat 95. pacers 86. tennis, roger fed rer winning the third madrid championship this weekend. real surprise came off the match when he was presented with will smith's suit from "men in black 3". the fresh prince is in europe doing press for the premiere of his big movie. by the way, if you want to hear more sports and i know you do, go to foxandfriends.com and go for keeping score and then you can get it. >> shonlt those clothes be going to a planet hollywood somewhere? >> why did he deserve it? just for playing tennis. >> that's odd. >> i'm going to get gto the bottom of it. >> please do. >> on your blog! >> a retired marine who survived two tours in iraq ends up losing his life saving his friend in a plane crash. the marine's uncle here to pay

tribute to that young man. >> then, listen to this. a couple refuses to sell their property to the city. they say the city came and destroyed their property. on purpose? that family going to join us next. today, we stand against the tyranny of single mile credirds.

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>> quick headlines now. a major change coming soon to the skies of many u.s. cities. today, the f.a.a. is expected to announce how they will license local law enforcement to implement certain types of unmanned droenz. last month, the f.a.a. released a list of 63 places in 20 states that will be authorized to launch drones and the former c.e.o. of internet giant yahoo revealing he has thyroid cancer. just this weekend, scott thompson resigned.

he had been under fire after admitting he lied about his degree on his resume. steve? >> thank you, brian. and everybody else. what would you do if your neighbor wanted to buy your building but when you refused, they wound up and damaged your property. well, that is what -- well, what if that neighbor was actually the government? and instead of fixing the damage, they wanted you to pay for the damage that they caused? well, that's exactly what happened to michael prunty who joins us now along with his attorney jeremy hopkins in virginia beach today. good morning, fellas. >> good morning. >> good morning. >> michael, i understand years ago, the government of newport news tried to buy your building for $36,000. you wanted $225,000. this was back in 2008, i understand. and you didn't sell. so what they did instead is bought the building next door eventually they tore down that building and what happened to your building? >> ok.

well, correct, this building was physically attached to mine. it wasn't just simply next door. it was that we shared a common wall. shortly thereafter, after those negotiations failed, in early 2009, the city went about to demolish this building they no longer wanted. in the process of tearing down this building, they also included part of that common wall. they damaged the wall to the extent that there were many cracks, holes, openings, bricks and blocks were knocked loose. and basically, left me in a very porous condition. in other words, my wall was wide open to the elements. rain, you know, wind, snow and everything else so water was coming through my wall in a massive way. and caused massive interior damage to my building as well. water damage. >> exactly. and jeremy, i understand then the government threatened to levy a fine against your client

unless he fixed the damages they caused? >> that's correct. when the city would not step forward and admit what they had done and do the right thing, he bought suit and after he bought suit, the city cited him for a building code violation because he didn't fix the very damage they caused. and what's so outrageous about this case is we actually have documents that we acquired from the city and in those documents, the city admits that before the demolition, they knew they were going to damage this property and then in other documents between city officials, the officials admit they did in fact damage his property after the demolition and it's outrageous because if he did this to a government building, he would be sitting in jail but the government did this to him and now they think they can get away with it. >> and i understand your estimate is that it would cost about $100,000 to fix your property. michael, why did the government do that to you? >> i really can't say, steve. >> what do you think? >> probably just because they

feel they can. as far as the damages, we're still working on that. you know, right now, i'm just trying to make things right. and i had no other recourse. >> why do you think the -- if there was and we've actually got a copy of the e-mail that showed that the city knew that if they took down the building next door, there would be damage. why do you think the government did it anyway knowing full well they were going to damage your client's business and property as well? >> well, this particular city has a long history of treating property owners with neglect. and they view property owners as really an impediment to the pet projects of the local officials. and in this case, when they couldn't get him to give them the property, in a manner they wanted, they decided to resort to other means and now i think they're just trying to make an example out of him. >> well, that's too bad, michael, it must feel like your own government is retaliating against you, doesn't it? your own town? >> yes, it does. yes, it does.

the -- like jeremy said, i've had that building for 23 years and i do not have a history of any kind of violations, code violations or anything else except for maybe one in 2004 for some tall grass but other than that, i've never been cited for anything and now as soon as i file suit, i'm getting hit with these code violations and being threatened with fines and liens on my property and everything else. >> well, it is a crazy story. we did reach out to the city but they declined to comment. all right. michael prunty and jeremy hopkins, gentlemen, we're out of time for today. is it a real quick point? >> it was. i was just going to say we were all taught when we were young, if you break something, you fix it. and i think the question in this case is does that same rule apply to government officials? >> well put, good point. gentlemen, thank you very much for joining us today from virginia beach. down in virginia. what a story. all right. straight ahead, is president obama's campaign digging up dirt on private citizens who donate to the other side? and then splashing it on line?

hear from a guy who says yes with, he knows because he is on the president's enemies list. and a hero on the battlefield and a hero off. a marine who survived two tours in iraq, lost his life saving his friend in a plane crash. up next, a story of the ultimate sacrifice. l of these friends swapped their imports for a ford. the escape definitely fits my lifestyle. it is 28 miles a gallon. that's pretty awesome. park assist? no hands. i didn't think that was possible. make me want the fusion. it's pretty. it's fun to drive. and the fuel-efficiency... up to 33 miles per gallon. pretty awesome. it's the swap your ride sales event. get a fusion or escape with 0% financing for 60 months plus up to $1750 cash back.

>> here's a story you don't want to miss. family and friends remembering a hero on and off the battlefield. retired marine sergeant austin anderson survived two tours in iraq. but this past weekend, he died trying to save a friend in a plane crash. joining me now is his uncle pastor cody anderson to remember this fine young man. good morning to you, sir.

>> good morning. >> condolences to you and your family. i know how difficult this time must be for you. here you have your nephew who survives two tours in iraq. what happened over the weekend in this plane crash? >> well, over the weekend, him and some other members of staff with team mania were heading to an event and there was some complications, we haven't received the details on those complications yet. and the plane went down. and there was two survivors and -- which was my nephew, austin, and then hannah lewis and in the midst of that, we don't know all the details. but we know that austin had burns over 90% of his body. and we do not know how he would even be able to get himself and hannah away from the wreckage into the site, quite a bit away

from the wreckage where they could find help to get to him. once he got to the place where a little bit of safety, then he basically went into shock. but we're thankful that we were able to be with him at the hospital there in wichita and be with him in those final moments. >> he saved her life in a process. i wanted to give you a chance, mr. anderson to talk about the life that austin lived. you call him a game changer. what do you mean? >> well, no matter what austin was involved in, he did it with full passion. this guy carried so much faith and not only faith in himself but also faith in christ and everything that he did was just 110%. if he walked into a room and that room was full, it would be just fuller because he stepped into it. and he did everything from high

school all the way through to serving as a tremendous dedicated marine with the passion for life as a student at o.r.u., he had a huge impact and he just didn't slow down. he was passionate about life and we're going to miss him. >> he was 27 years old. he served two tours in iraq. you say he lit up any room that he walked into. he leaves behind his family and his girlfriend who he was going to marry later on this year. but hannah lousa's family can thank that young man. thank you so much for remembering your nephew this morning, austin anderson. thanks for your time. >> thank you. >> coming up on "fox & friends", a shocker in the tv world. after a decade on primetime, a popular tv show canceled. we'll tell you about that. then he bought a golden ticket from american airlines granting him a lifetime of unlimited travel. the airline is telling him too bad, you fly too much. what was the deal?

that passenger here live to explain. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

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visa. proud sponsor of the olympic games for 25 years. join our global cheer. >> good morning, everyone. today is monday, it's may -- it's not may 4th. >> close. >> it's the 14th, i believe. ok. >> right. >> i'm gretchen carlson. hope you're going to make it a good one. could you be on the enemies list? president obama digging up dirt on private citizens and pushing it on line? one republican donor says he knows all about it because he's on the list. that man speaking out this morning. >> gretchen carlson ballparking the date. >> i had a good day on the 4th. i had to go back to that one. >> it's spring. what happens when entitlements and unions get out of control? meet california. >> we're now facing a $16 billion hole. not the $9 billion we thought in january.

>> guess who the governor says needs to bail them out, wealthy. is this where america is headed? >> to california? meanwhile, a shocker in the tv world. after a decade on primetime the plug being pulled on a popular tv show. which one? >> hopefully not ours. >> we're not in primetime! >> well, you said that. >> in some time zones we are. >> we're not ready for primetime players. find out what the show is and so much more, "fox & friends" hour two for a monday starts now. >> steve got so concerned, he was so rattled that we're going to be canceled that he deposited his entire coffee on my foot. >> you know what? let me take off my shoes. coming up, we'll talk to a doctor who says you shouldn't wear high heels because they cause canistceancer. >> i told you years ago.

>> i wouldn't listen until now. >> i got a fresh one over here. >> get you a fresh coffee. >> daydreaming in the middle of a cold open. >> i was so rattled. i was thinking they canceled "the love boat" again? >> that was the bummer when they canceled that. i watched every single episode. let's get right to your headlines. >> what was the name of the bartender? >> not -- oh, no. no. >> isaac. yeah. >> i was just curious. >> ok. let's get to your headlines because there is, unfortunately, no trace of a missing f.b.i. agent from california. check out this picture, 35-year-old steven ivans last seen at his home in burbank thursday night. a massive search combing mountains and other parts of the los angeles county over the weekend turning up no clues in his disappearance. officials saying ivans'handgun also missing from his home. they don't believe he's a threat to the public but may be suicidal. a rogue terrorist group taking credit for the murder of a

senior afghan peace negotiator. we told you over the weekend, he was shot and killed in his car while waiting in traffic. group that killed him has ties to al-qaida, not the taliban government. remember, he was a former member of the taliban. he switched sides to help the u.s. despite the fact there could be another group out there attacking american interests. defense secretary leon panetta releasing this statement today. thanks to their efforts, the transition to afghan security lead is on track to be completed by the end of 2014. we will continue working towards our shared goal of an afghanistan that provides security and greater prosperity for its people. the defense for john edwards scheduled to started this morning in the corruption trial. edwards accused of using campaign cash for hiding his love child. last week, the judge turned down a motion to dismiss charges against him.

>> after 10 successful seasons, here it is, here it is. it's so long to "c.s.i. miami." >> oh! >> that was my ryan seacrest impersonation. you know how before he -- before he does "american idol", he waits about three minutes. cbs officially canceling the series. the crime drama most likely became the victim in this case because it was more expensive than its newer and lower rated sister show "c.s.i. new york." that drama is expected to be back next year. and those are your headlines. >> couldn't they just lessen the catering? houfrp -- how much more expensive? >> let's talk about the latest rasmussen poll. for those who thought that mitt romney would not be able to consolidate the republican party and rally some support after a brutal primary, they're mistaken. at the very least, you could say this is a dead heat and mitt romney got the wind at his back

up four points, he was up in 50 on saturday. >> this is the eighth consecutive day that he's led. there's news that apparently to help mitt romney get an even larger margin, you know, crossroads generation which is the super pac headed up by karl rove, what they're going to do is put a whole bunch of money into soiscial media. $50,000 targeting young voters in eight swing states like ohio and virginia and, you know, the young voter, you know, first time voter, kids in their 20's, these are the people who are really impacted by this particular economy. i think i saw a statistic that said something like half the kids who graduate from college don't have jobs or are underemployed and they are motivated to vote for somebody to get them jobs. >> another group of young people that they might want to go after both sides, ron paul supporters. i mean, ron paul is still in the race, by the way.

ron paul resonates well with the young people. so if you are romney or obama, you might be cozying up to ron paul right now to figure out how to get those young voters to come to your side. >> i agree with you. but more six months ago. it seems like he lost interest. ron paul. i'm not saying he's never going to win. i don't know, he's not appearing regularly. he could call up and be on our show sometime this week. >> run as an independent. >> but even if he did that, he's not nearly as impactful as he was. there's something about him and his message that's resonating but something about some romney systemers that i think is significant. this kimberly straussel is coming forward saying she's been smeared in her life because of her support for mitt romney's campaign. her name down as a donor, find out that there's super pacs that are going around in her background to find out what she does and what she does want to do. >> also in "the wall street journal", they have written about a fella out in idaho falls by the name of frank van der sloot.

apparently he gave -- there he is right there. he runs a business out there and last august, he gave a million dollars to the mitt romney super pac called restore our future. then three weeks ago, barack obama campaign web site called keeping g.o.p. honest took the extraordinary step of naming some public citizens who had donated money to the opposition and assailed them for that. they were accused of being wealthy individuals with less than reputable records and then a week later, for this guy, apparently some -- it sounds like a private investigator, went to his county courthouse looking for records about his divorce. so it looks like the campaign is digging up dirt on people who are giving money to the other side. >> so let's listen to him. he spoke with greta on friday night. when this list came out and there were only eight people on it. i was one of them. so when i first learned that i was on his enemies list, that really worried me at first, i'll tell you.

and my first anticipation was yeah, i have a target strapped to my back and sure enough, then the attacks started coming. this is america, we can't let these tactics intimidate us and so i've -- i remain undeterred. >> it's interesting because let's face it, there are a lot of millionaires giving money to barack obama's super pacs, too, so now will this be politics in the 21st century? are we going to see mitt romney and his campaign doing this kind of thing against barack obama and the millionaires who are donating to his super pacs? or is this just a campaign strategy that the obama administration has thought of. you let us know what you think about that. >> other thing is not an equal playing field. if mitt romney, let's say, wanted to call up the ghosts of richard nixon, he doesn't have the power of the white house and the apparatus behind it. >> good point. >> let's talk about california for a second because we know that around schwarzenegger took a lot of heat because he was unable to turn around that state economy. it is the worst in the country. it is so much worse than

originally thought. i think this is significant. the governor of that state, governor jerry brown has come forward and said i was a little off on how much we actually are running in the red. >> a little? >> here's jerry. >> we're now facing a $16 billion hole. not the $9 billion we thought in january. >> so in his balloon to $16 billion. there are two reasons for it. most feel. one, a decline in state revenues because people are making less, don't have as much money so it's not going into the state coffers. you have to keep in mind the democratic controlled legislature in california, when jerry brown said we have all these painful cuts in the last year, they said no, we don't have to worry about that. so now, jerry brown is on you tube rather than having a press conference explaining that his state is headed directly into the dumper. >> couple of other points. why are revenues down in california? because people can move. you know, when taxes go up on you personally and on your

business, people can move and we've done countless stories about how people have moved their businesses to colorado or to texas. the second thing is the state controller reported that the state at this time has exceeded spending. at the same time that they have no money, the state exceeded spending by $2.1 billion in this time period. so that's how you get that difference in the numbers right there. more people continue to move out so what does the governor want to do now? continue to raise taxes. >> and he's also going to do that and he's going to seek a quarter cent increase in the state tax for the next four years for those who make over $250,000. they're living in the lap of luxury. you have five mansions if you make that money and that will range from 1% to 3%. he thinks he can raise $9 billion that way. >> he needs at least that. now it's $16 billion. there's trouble out in the left coast. >> we'll talk about this later on in the show. >> ok. the first gay president? i didn't say it. "newsweek" did. look. that's going to be their cover. putting that label on president

obama. why are some fellow democrats keeping their distance from that? former democratic senator evan bayh with us next to explain. >> he granted a pass from american airlines granting him a lifetime of travel. they want it back. that passenger here next. looking good! you lost some weight. you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories.

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not quite knowing what the next phase was going to be, you know, because you been, you know, this is what you had been doing. you know, working, working, working, working, working, working. and now you're talking about, well you know, i won't be, and i get the chance to spend more time with my wife and my kids. it's my world. that's my world. ♪

>> 14 minutes after the top of the hour. thanks for sharing your time and continuing to do so. just days after announcing his support for same sex marriage, "newsweek" now dubbing the commander in chief as the first gay president? president obama's stance is not sitting well with some dems who are seeking re-election. joining me now to weigh in is former governor and united states senator and fox news

contribut contributor evan bayh. good morning to you. >> good morning. >> what do you make of that "newsweek" cover? i know they are desperate as most magazines are to sell copies of the magazine but the first gay president? >> well, i think that's overstating the matter a little bit. but look, it's a big issue. it's certainly controversial in some parts of the country but i think this election really is going to be driven more about the economy, deficits, middle class economic issues. in some cases, this could have a marginal effect on the outcome. >> i want to get back to the economy in a minute, let's take a look at some of the democrats now up for re-election who don't want to have anything to do with this topic right now. i'm thinking of senator john tester, democrat from montana, senator claire mccasskell, democrat from missouri. do you see this as an issue along with the others on my screen right now if they have to say what their point of view is on gay marriage? >> it can cut both ways and in some more conservative states like the ones you just mentioned

it might be a negative for those candidates and their own personal views could be different. it could hurt them at the margins and it takes time away from talking about the economy that i said really is on what's most people's minds. it could show those candidates have an independent view from the president. if they are just a referendum on the president, the candidates running for senate might not do so well. it cuts both ways. >> i find it interesting that you say the whole election will hinge on the economy because it seems that president obama also a democrat wants to do everything but talk about the economy. >> well, the poll numbers show most americans aren't happy about the direction of the economy so when the whole issue of contraception came up, women's rights came up, democrats seized on that to, you know, focus on an issue they had an advantage on. the issue of same sex marriage, however, may not be quite -- might not work quite to their advantage and it serves the purpose of rallying the religious base of the republican party to mr. romney.

he'd had some difficulty with that. so you net all this out, it probably operates at the margins in this election but maybe a narrow positive for mitt romney particularly in states like missouri, montana, north carolina, at an election where they voted 61-39 on this issue the day before the president made his announcement in north carolina, voted the other way on it so probably not so helpful there. >> right. do you see it as a strategy of this administration to talk about these cultural issues? because usually it's been the republicans who have taken the hit for bringing up social issues. and now you had this culture war on women with contraception and now we have this gay marriage situation. do you think that this is a good strategy and one that was planned by this administration. >> well, i do think there's an effort to focus on women voters, particularly independent, moderate republican, suburban women voters so those women really had a concern during the republican primaries when there was a big discussion about contraception, women's rights, those sorts of things. so in that sense, i do think

that was part of the strategy. this, however, looks like it wasn't planned quite so much or at this moment in time and it can cut both ways particularly if you look at the eight or nine states that really will determine the outcome of this election. in some of those states, this might not be quite so helpful. i mentioned north carolina, southern ohio is more culturally conservative. florida where you have more senior voters that have some doubts about this issue, may not work quite so well. my advice to all the candidates would be to focus like a laser on the economy. this is about jobs and growing businesses and in your previous segments keeping taxes down, not raising taxes, that's where the election will be decided. >> you sound like a republican, senator. speaking of that, i want to ask you a quick exit question about your own home state of indiana because we had the tea party candidate, mr. murdoch, win against senator lugar there last week. what do you make of that? >> well, that shows how strongly the republicans oppose some of the policies being pursued at the national level.

and it really shows the lack of tolerance on both sides, i should say, for very much variance from party orthodoxy at all. it used to be that people prized i understand -- independents and prized people that came to washington and did what they thought was right, they want people that vote down the line and never deviate so the election in my home state was about several things. dick is a friend of mine. he'd been in office for a long time. people think if you've been in washington a long time, maybe you're part of the problem. it shows the passion on both sides to just, you know, march in lock step and when we used to reward independents it tends to be punished in party primaries. that's one of the things that happened in my state. >> and it's so unusual because we have more independents registered in this country with regard to voters than ever before. even though that doesn't appear to be a popular stance, at least with each individual party. senator evan bayh, former senator and former governor, great to see you and fox news contributor as well. you have a lot of titles. >> i do. my favorite one is dad. we won't call me that this

morning. >> i love that. see you soon. >> thank you. >> it was a golden ticket. unlimited free flights for life! but now american airlines wants to ground this frequent flier because guess what? he actually took advantage of that deal and he flew too much. that's when they think. is that fair? he's next. and apparently she saw the light from zuccotti park. this occupy protester ditching the protests and has come to the capitalism side. how she started her own business. ♪

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>> time for your news by the numbers now. first $1.29. that's how much the euro is worth against the dollar after falling to the lowest value in four months. drop is in reaction to the growing possibility that greece may actually leave the euro zone soon. next, 250,000. that's how many college students are members of college republicans across schools nationwide. that's an all time high. finally $103.2 million, that's how much "the avengers" brought in the second week end breaking another box office record. does that mean i'll have to see it after all? >> action packed. >> guys? >> back in 1987, our next guest did what everybody wishes they could do. he bought a lifetime of unlimited travel through an american airlines frequent flier program. he has since taken 12,000 flights and now the airline has terminated the pass due to what they say fraudulent activity. >> wow. joining us right now, steve rothstein. how did this happen? how did it happen where you had a lifetime pass and they were able to take it back.

>> i don't think they were able to take it back. they just canceled it. >> how long have you been on hold? >> for about three years now. >> right. and now you're suing american airlines saying they took away your hobby. they took away this, a contract is a contract. what they say is you committed fraudulent activity by booking flights under the name such as bag rothstein. >> which is the name they told me to use for the second seat. >> what do you mean? >> well, when i bought the pass, they told me i was entitled to buy a second seat. and that that seat could be empty, just book it under bag. >> their rules. >> what was the fraudulent activity they're claiming? >> i don't believe there is any or was any. >> what are they claiming it is? >> they claim it was booking a seat, second seat. that's it. >> but, you know, you were doing this before people did a lot of on-line stuff. you were actually talking to a phone operator. >> yes. i've never booked -- i never booked a ticket on line.

all of my reservations were booked with phone operator, an employee of american. >> until 2008 when an agent said, it gave you a letter that said sorry, we're going to end this gravy train right here. >> yep. you can't get on the flight to london today. >> so those are your flights, we just saw that. it's on the big board right now. you had 12,000 flights. >> that's a lot of flights. >> exactly. 10 million miles. they're losing a lot of money on you. 500 trips to england. do you think that's behind this? >> i think that's their only motivation, yes. >> what are you going to do about it? you filed a lawsuit. >> i filed a lawsuit and i hope to prevail. i hope to win. >> now you have to spend more money to fight for something you've already paid for. >> that's exactly right. which is life's not fair, i guess. >> listen, i understand with -- you have over 10 million miles and you gave them all away, right? >> gave them to priests, religious people, rabbis, anybody who really needed help,

people going to funerals, and things like that. >> i never heard this program that this -- do you find that others that bought some of the 60 plus that bought these, the lifetime passes are having trouble? >> they've canceled a few of them. and i think it was the intention of american to cancel as many as possible. >> because they're losing money even though you paid a quarter of a million dollars for it back in the early 80's. >> plus an additional $150,000 for the second seat. >> so you paid $400,000 for unlimited lifetime rides on american. >> right. >> to the point where you -- your daughter went to boarding school in switzerland. >> that's correct. >> because she could. >> yes. well -- also because she was smart and got in. but -- >> but you really, you had a great time and you hate to see this go. >> yeah, i had a terrific time. i enjoyed the travel. i love -- love the world! >> yeah. >> you love earth. and you want to see the whole thing. >> there you go. >> exactly.

>> so hey, tell us how this goes. do you have a court date yet? >> don't have a court date as yet. we're fighting and it's -- well, it's actually on appeal right now. i have a great attorney. he's doing a terrific job, i think. >> do you still fly american? >> very rarely. i fly mostly united. >> you would prefer to fly free on american. >> that was the deal i paid for. nice to meet you. >> thanks for telling your story. >> thanks a lot. >> look at that, he's ready to go. >> ready to fly! >> go ahead. >> thanks a lot. >> he's leaving. >> i think you turned him off. >> happy trails. >> thank you, steve. all right, a developing story overnight one of the most powerful women on wall street, that woman right there about to be ousted in the wake of the j.p. morgan chase scandal. is wall street caving to the court of public opinion? donald trump will weigh in on that next. >> the feds regulating what goes on your kid's tray at the cafeteria.

the companies that make the food are cheating you out of millions. >> are you kidding me? >> i wouldn't kid you. i got to go find steve. >> fly me. [ male announcer ] imagine facing the day with less chronic osteoarthritis pain. imagine living your life with less chronic low back pain. imagine you, with less pain. cymbalta can help. cymbalta is fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine or with uncontrolled glaucoma should not take cymbalta.

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>> fox business alert for you right now. heads are rolling this morning in the wake of the staggering $2 billion plus mistake at j.p. morgan chase. three of the highest ranking executives stepping down as he remember as today. topping the list, one of the most powerful women on -- women on wall street. she was j.p. morgan's chief investment officer. time to bring in donald trump for his reaction to what's going on with j.p. morgan. all right, donald. put this in layman's terms for all of us. >> well, it's called making a mistake. and that's what happened. they made a mistake. jamie diamond is a good man and he's a great leader. but this was a big mistake. it was a $2 billion mistake. not bank threatening. in fact, they'll make more in this quarter than that money but sounds hard to believe but that's what's going to happen. >> so put it in -- i'm sorry, donald. i'm just wondering, in perspective, $2 billion is a lot but in terms of what the bank brings in, not that much? >> it's a lot no matter how you

cut it but no, the bank is very solvent. it's very strong. it's not that much relative to what it's making but it's a tremendous black eye on the bank and a black eye for jamie diamond who sort of spears a lot of good things and frankly represents a lot of good people on wall street and represents them well so this was a mistake. he admitted this was a mistake. and it's a tough one for him to swallow. i watched him over the weekend on television. and it's certainly not easy because he's very much led a charmed life. >> no kidding. got to be tough for him to say yep -- >> very tough. you have dodd-frank and you all these regulations and bills and everything that has been put in. now, people are saying give us more. that's not going to stop it. it didn't stop it this time and they have a lot of regulation. >> it was a mistake. when you do business, whether it's trump or icon or anybody else, you can name anybody, when you do business, you do things that maybe turn out to be mistakes and you learn from the mistakes. that's what happens. i mean, it's called doing business.

you can't have 1,000 batting average. >> i was just about to say that. sometimes you win. sometimes you lose. and in this case, it's just one of those times but they lost big! >> they lost big but they didn't lose insurmountably big. i tell people when they ask about deals, never go into a deal that's bigger than you can't handle if it turns out bad. a lot of times you go into a deal and the best deal turns out to be not so good. you have no idea why. i always say never take down the ship. i've seen it happen. i've seen guys go into deals where it was going to be great. but it was bigger than they could handle and it turns out not to be good and took down the ship. this doesn't take down the ship but it's a mistake and it's a very, very negative thing, i think, for jamie who really is a good man. >> and he was so highly regarded probably as the most important banker on wall street right now. >> still is highly regarded. he has to get past this incident. >> could there be any truth to the fact that bankers would take more risk right now because of the added regulation over the

last few years? >> i think regulation all it does is make a bad banker probably worse, if you think about it. i think the regulations are not good for dodd-frank. you try to go out and if you're starting a business, try to go to a bank and get money, they're afraid to loan it. they'll always talk about the regulators are watching. they're watching. well, what are they watching? they're watching job creation. if you want to start -- if you have a lot of money and you want to borrow money, you can borrow money great. but you don't need the money. you can only borrow money today if you don't need the money. >> exactly. >> very interesting. but that's the way it goes. if you need money and you want to build a business and obviously, there's risk, you can't borrow money at any rate. if you don't need money and you don't want it under -- i mean, i have people call me, banks all the time, do you want to borrow money? we'll give it to you. i don't want it. i don't need it! >> one group, one demographic that borrows a lot of money, we're talking about college students. >> right. >> and you know, you see the president out on the stump and

he's saying, you know, i'm not going to let them jack up your student loan rate even though it is a federal program now and technically i think he is in charge and the democrats priced in this particular jacking up of the rates four or five years ago but when you look at all the debt that these college students run up, unfortunately, there are no jobs for many of them out there but now they're saying we can't pay back the money and now they need some sort of a bailout. >> well, the big word that you said was jobs. i mean, they're going out and i'm all for helping students get through college. i mean, they don't have money, some of them are first timers and their family. i think it's incredible that we can help them, that i don't care. interest rate. low-high, i think it's an incredible thing. they're graduating and they can't get jobs because the economy is terrible and the president has done a terrible job. they can't get jobs so now all of a sudden, they owe the money. they owe money to banks. they owe money to government. they owe money to everybody and they can't get a job.

they want to pay it off but the economy is terrible. you know, the amazing thing, the economy solves all problems. we turn this economy around and i believe mitt romney will do that. we turn this economy around and the college debt is solved. everybody set us up. you're going to have a roaring engine and we have such potential to do it. >> why would they -- just a quick follow-up question to that. why would people pay off their loans, the federal loans it's my understanding that they don't have to pay them off if they can. the taxpayer will. >> for one thing, most of them can't. many of them can't pay them off, gretchen, because they can't get a job. they went in with good intentions most of them. i really believe that. they went in. they wanted to get an education. they wanted to go to college and then they wanted to work for fox, ok? they wanted to work for somebody. not necessarily fox. but fox wouldn't be so bad. but they wanted to go to work. and now they can't. if you look, it's more than 55% of the people that graduate can't get jobs! >> i know it. >> it's a very terrible situation.

>> all right. let's talk about the celebrity apprentice. you're down to two after this. listen. >> you have great beauty and great intelligence. but i do have to listen to him, right? you understand that. >> i think you should listen to yourself. >> well, i do. i mean, i do. but you always take in and you take in and you put it up here and then you make your decision ultimately. and you are transparent. but i just think you're going to have a fantastic career. aubrey, you're fired. >> kaboom! >> nice thing you said leading up to her firing. out. arsenio and clay stand. why? >> well, they were both really good. talented, smart, never gave up, clay turned out to be a big surprise for me because i knew he was a great singer, you know, the voice was obviously fantastic with "american idol" and all, but he turned out to be a very tough calculating kind of a guy and arsenio is a fantastic guy. i mean, you know, they just turned out to be really good and

they were both very good leaders. >> sure. >> congratulations, i think i read in the paper that nbc which needs big hit shows like yours signed you up for two more seasons. >> let me say modestly that they like me very much. isn't it amazing what good ratings will do? that's why you three have the advantage. >> is the next one a celebrity or civilian? >> probably celebrity. people love the celebrity apprentice. they love them both but probably will do celebrity. it's really -- and we have so many celebrities, maybe even a couple of you. but they have so many celebrities that want to be on the show. it's amazing. so probably we go celebrity. >> that's a big deal and big deal when you get up bright and early and speak to us. thank you very much. >> thank you very much. so long. >> see you next monday. >> now to other headlines making news right now. lawmakers from both sides of the aisle is calling for the press leak on the covert operation to thwart a terrorist bomb talk. listen. >> it jeopardizes our ability to relate to other countries for other countries to help us and

it gives a tipoff to aqap to be more careful. >> al-qaida in the arabian peninsula. a preliminary review is being conducted into the leaks. you can't blame congress because congress was never briefed on it. >> that's right. meanwhile, an extreme weather alert this morning, crews are battling several wildfires burning in arizona. 350 people forced to flee their houses in crown king. community is about four miles away from 300 acres. also burning in the bradshaw mountains. they're calling in air power. as you can see right there to help douse the flames with water and chemicals. no word on what started the fires. >> can you believe this one from occupier to capitalist? this former protester now running her own financial business. tracy postart got her big break when an executive at a financial services firm befriended her at zuccotti park last october and helped her get a job at his

company. less than two months ago, she started her own business called action biomed.com. she's still an activist but also a scientist and she might add capitalist to her resume as well. congratulations. >> if she's lucky enough, some day she could be part of the 1%. >> we'll have to wait and see. >> imagine that. she wouldn't be able to sleep in the park anymore. meanwhile, straight ahead, is the key to preventing cancer in your medicine cabinet? a respected oncologist says yes, why you should throw out the vitamins. >> and the high heels. feds regulating what goes on your cafeteria tray. a stunning report shows companies that make the foods are cheating you out of millions. >> we won't cheat you out of the trivia question. here it is -- [ male announcer ] when this hotel added aflac

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not in my house. with maxwell house french roast, you just sit back and you let gravity do the work. right? i hate to ask... [ male announcer ] the rich, bold flavor of maxwell house french roast. always good to the last drop. >> time for some quick headlines for you on this monday morning. president obama trying to save face with african-american pastors over his gay marriage stance that he announced last week. he reportedly called several religious leaders hours after his announcement. a few of them made it clear it will now be difficult for them to support his re-election. and film director tim burton makes a dive and takes a dive at a media conference in tokyo. standing alongside actor johnny depp, burton falls backwards off the stage as a staff member runs to catch him. the two were promoting their new film "dark shadows". mr. kilmeade? >> wow. what a move!

taxpayers could be dishing out lots of cash of late for food fraud at school cafeterias. the companies that decide what goes on your child's plate each day may be cheating them out of money. joining us is michael tanner from the cato institute. how big is this problem? >> it's not small. this case we're talking about $20 million and that adds up after a while. this isn't the first time that we've heard of the kickback scheme. it's not the first time that this company has been accused. this could add up to quite a bit in the long run. >> what they did, this is the group that we're looking at now and they agreed to pay back $20 million. they were pocketing cash rebates actually meant for schools. and this is now -- after this happened, they started looking into other areas and they got 17 states now investigating school lunch fraud. >> that's right. and that's just at the corporate level. we also have had long standing

problems with people attempting to qualify for the program that aren't really eligible fraudulently filling out the application. we have -- we've had school officials who have taken kickbacks and bribes, so you've got at every level of this program some sort of problem. >> money comes from the federal government but the schools execute the school lunch program so they outsource it. do you have a problem with that process? >> not really. you have outsourcing at almost every level of federal contracting. you're not going on have the federal government do everything from grow the food to transport it to schools to put it on the plate. this is sort of outsourcing that's natural. but it should remind us when we think the federal government does a better job than private sector, there are problems of fraud, waste and abuse in the federal government just as bad if not worst than what we get in the private sector. >> this attorney general in new york has fired off 10 different subpoenas stretching across 17 states, california, nevada, connecticut, new mexico, montana and north carolina and delaware just to name some.

so how big do you expect this to get? >> well, i think this could get pretty big but still, it's just a drop in the bucket. it's very easy to get excited and outraged by this type of abuse. but we should remember that, you know, the federal government is spending $80 billion a year on education and failing to educate our kids. you want a scandal? that's a much bigger one. >> focus on what happens before lunch and after lunch and then we're also focused on during lunch. can't take a break. thanks so much. >> thank you. >> all right, talk about not taking a break, gretchen is in and telling us what's coming up next. >> still over here on the sofa. but guess what? no high heels on my feet! >> for your own good. >> coming up next, ditch the high heels to avoid cancer? shocking causes that might be right in your closet. but first on this day in history in 1989, forever your girl by paula abdul was the number one song. i bet she did it in high heels. wake up!

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>> who didn't get the answer to the question? almost everybody did, i think. it's mark zuckerberg, the winner is katherine from san antonio, texas. congratulations. well, do you want to know how to win the war on cancer? ditch the high heels? i guess, steve, you don't have anything to worry about when it comes to this. >> i have other things to worry about. joining us to explain is the author of the book "the end of illness" dr. david egges. good morning to you, sir. >> good morning, guys. >> this is great advice.

you're about to tell us some things we can do to avoid cancer. people worry about cancer more than mostly any of the other diseases. don't they? >> that's right. i mean, cancer is the number one killer in the world this year. we've surpassed heart disease worldwide, yeah. scary thing. >> but your whole theory is we should be cancering as in a verb all the time. and we should make our body into its natural healthy state. so what do high heels have to do with putting our body back into a natural healthy state? >> well, the root of cancer, heart disease is inflammation. if you think about it, high heels at the end of the day, your feet hurt. that's inflammation. i don't want people to have inflammation and so high heels aren't by definition bad but any shoe where your foot hurt at the end of the day, that's not a good thing. >> so ditch the high heels or shoes that hurt. also, you say avoid vitamins, avoid supplements, why? >> well, this is the thing that really gets people mad at me but if you look at the data, people

who take vitamins, 53 studies of more than 500 people, none have shown a benefit. and if a man takes vitamin e every day, 17% higher risk of prostate cancer. women who take multivitamins have higher risk of disease. never a positive. clearly some negatives. why do people do it? >> i think people will be shocked when they hear that stat that you just said. in the medicine cabinet, aspirin and stat ins, good or bad? >> look at aspirin, right? if everyone in our country spent $2.21 a year and took a baby aspirin a day, without stomach problems and without bleeding problems, we would save over $100 billion a year in health care. you get on average a 35% reduction in cancer death, not cancer incidence. cancer death by taking a baby aspirin a day. >> why? >> again, when you look at health care -- why? because it blocks inflammation. taking it every day blocks

information that over time yields a benefit. 45% reduction is lung, heart -- i mean, lung, prostate and breast cancers. >> small price to pay. aspirin and statins, look into those. you say forget about health juices and superfoods as well. >> we always want a short cut in our country. right, you want a pill, you want to juice things. once you put that fruit in a blender, it gets oxidized and degraded within 100ths of a millisecond. the key is eat the real food and do it on a regular schedule. >> you'd also say to refrigerate your fruit. i paid close attention to all these notes and hopefully our viewers did, too. you're saving lives. author of "the end of illness" a best selling book out there right now. thanks so much, doctor. >> thank you so much. i truly appreciate it. >> great advice. lot of stuff i hadn't heard. president clinton stumping for president obama. why isn't president george w. bush out there pushing for mitt romney? his former press secretary dana perino here in just a couple of minutes.

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>> gretchen: good morning, everyone. it's may 14. i'm gretchen carlson. thanks for joining us for "fox & friends" today. this is my likeness from my 7-year-old son. >> brian: no nose. >> gretchen: coming up on "fox & friends" a brand-new headache for democrats in a crucial swing state. north carolina convention now on the rocks? as labor unions revolt and top dems predict a rough road ahead. >> steve: the taliban leader who switched sides and helped the united states shot dead and the taliban says they didn't do it. word of a new enemy on the ground over there on the same day the president praises our progress. >> brian: doctor said he would never walk. but the six-year-old shocked the world, taking some of his first

steps to the surprise of his dad home from war. the entire family here live to talk about the big surprise. "fox & friends" starts right now >> gretchen: is this my likeness, guys? >> steve: blond hair, big smile, that they you. >> gretchen: this is via my 7-year-old, christian. what i love is that the dog down here in the left corner, look how tiny the dog is. if only. if only the dog was that small! >> steve: he's here to lean -- easier to clean up after. >> gretchen: he kept asking me probing questions, what's your favorite movie? what's your favorite tv show. this is what my son thinks. my mom likes to play with my dog in the backyard while i'm at school. yeah, i love that. i love picking up all the you know what and doing that while you guys are at school. she likes to rest.

really? >> brian: for an hour. >> gretchen: this is what my son thinks. but i love the fact that he said i love to play board games with him and that my favorite movie is "tootsie." my favorite tv show is "mad men." my favorite color is purple. correct. and he made really, really good pasta. >> brian: all right! >> gretchen: the difference between the boy and the girl. my daughter wrote me this terrific certificate of awesome mom and then wrote me a little message here as well with lots of hearts and lots of colors. it's so great to be a mom and have your kids appreciate you at least one day a week when you're not disciplining them. right? >> brian: that's great. >> steve: happy mother's day. >> gretchen: let's do some headlines for you now because we have a sad story to tell you about. no trace of a missing f.b.i. agent from california. 35-year-old steven ivans was last seen thursday night. a massive search combing the mountains and other parts of los angeles county over the weekend. but it clues.

officials saying that his hand gun is missing from his home. they say he's not a threat to the public, but they believe he may be suicidal. a rogue terrorist group taking murder for the did -- credit for the murder of a senior member of al-qaeda. the group also has ties to al-qaeda, not the taliban government. remember avenues former member of the taliban and switched sides to help the u.s. despite the facts there could be other groups attacking american interests. leon panetta said afghanistan goal is almost done. a new chapter. the defense gets its turn in the john edwards trial. they will try it prove he didn't use campaign funds to hide his affair from voters. when will

they call to testify? his oldest daughter, kate, is a possibility. probably the strongest testimony could come from former members of the federal election commission who regulated his campaign cash flow. a driver believed to be under the influence ends up under water. check this out. a family in california had a rude awakening when this car plowed knew a sippedder block wall and as you can see, wound up in their swimming pool. >> just very scary. i was very afraid because my daughter's room are right there. this is the second time it happened. he was drunk. there was beer cans floating in the pool. >> gretchen: wow. cops say the driver climbed out of the window after the car went under and suffered minor injuries in the crash. the homeowner says someone has hit that cinder block wall before, but never actually ended up in the drink. those are your headlines. >> steve: too much drink for him. he's lucky he didn't drown. joining us here on the curvy couch is dana perino.

good morning to you. >> hello. >> steve: gretch was talking about what's going on in north carolina with the john edwards trial. embarrassing to the democrat party down there. now as we look toward the end of the summer, the democrats still are going to have their convention there even though there are a bunch of numbers that make it tough. >> yeah. the safest place for them to have chosen it would be like vermont, but north carolina is one of those important swing states in this election. president obama won it last time. it's important to them to try to win it this time. doesn't look like that's going to happen with all the numbers. not only do you have the edwards trial h which is a distraction, but you have things that the unions are mad at the democrats for decide to go have their convention there because it is not a right to work state. you also have a very bizarre sexual harassment story with the state democratic party and that continues to dominate some of the news down there. the unemployment rate is really bad. plus you add the gay marriage ban vote that was upheld in north carolina by a significant margin, small amount of people

that voted, but the margin of win was huge. with all of the developments over the past week, some people said, do you think that the democrats are going to move their convention out of north carolina? i think they might want to, but they're not going to be able to. they made a gamble, they're gog have to play their cards that they were dealt. i don't think big convention are not worth it for an incouple bent. a convention is where you have a big meeting and introduce yourself and talk about what you're going to be able to do and what you want to into a second term. but president obama has been campaigning for months, maybe years. so i think in some ways, it's a big waste of money for the democrats or for an incumbent to have a big convention. he gets all the press that he needs anyway. >> gretchen: they're not exciting like they used to be anymore because you know all the end results. >> the republican one could be more exciting this year if ron paul decides to stir it up.

>> steve: attention,. >> brian: the other thing is corporate donation. remember at first he was saying we don't want to touch corporate money. >> they need corporate money of the conventions are very expensive. that's why i say in some ways incumbents could take a pass on conventions. they'll have to weather the storm and hope there is no damage. >> steve: in the. ed pages of the "new york times," there's a guy writing that about winning the news cycle, but losing the race. talking about how historically, the republican party, he suggests, has run on social issues. hey, what do you feel about this, this, and this? right now the president's party is kind of doing that. but really if they want to win, get back to the big question of how mitt romney will take away your entitlements. >> i make sure i read him every sunday. he touched on something because sometimes you can be feeling something that you can't put into words which he did which is

all of these things ha the campaign has come up with on the democratic side have lasted for sometimes 48 hours, sometimes two weeks. then there is another one, one on top of the other. still the most important thing to every voter is the economy. so they might on the democrat side, they might win the skirmish, but what you want is to win the war. if romney can focus on that one great line that he had, it's still the economy and we're not stupid, that's the one that he should continue to focus like that. >> gretchen: how ironic that it's the democrats now who are bringing social issues to the forefront? >> they want it because that's how they won before. except bill clinton in 1992, it's the economy, stupid, that's how we got that line in the first place. but they want to draw republicans out on these social issues. which the republicans will gladly discuss. but that doesn't mean they're going to take their eye off the ball which is our fiscal situation on all levels. >> brian: last week mitt romney

topped barak obama. now he's at 48-44. beyond the margin of error. how do you explain that? what role do you think the same sex marriage debate has in those numbers? >> i think people who support same sex marriage are probably going to vote for president obama anyway because they knew he was just -- >> brian: he was gog do it any way. >> there is very few people undecided at this point. the crass politics of the left and in particular you see right through that gay marriage announcement last week, even though meant a lot to a lot of people. then the fundraising appeal, within 24 hours suggesting mitt romney is backwards on the issue, even though president obama had that same stance 24 years before. >> steve: one of the things that i think did a little damage to the president was that ad where you got bill clinton out there

talking about -- and they suggested well, we're not so sure that mitt romney would actually have gone after osama bin laden like the president did. we see bill clinton campaigning for the current president. we don't see your former boss george w. bush, out campaigning for mitt romney yet. how come? >> i think it's easy to try to make comparisons about that president did it, so why isn't that president doing it? let's look at these two people as individuals. president bush always said when i leave the white house, i am not going to seek the spotlight. i don't need the spotlight. i'm going to focus on the institute they're creating and spend time with the family which true to his word, that's what he's done. bill clinton on the other hand, he's a political animal. he loves it. and president obama is smart to utilize him when he can because he still remains popular, even though there is lingering tensions from 08. >> gretchen: what do people feel about bush going on the campaign trail would help mitt romney?

>> there are those, i think that would help. i also think romney will have to stand on his own two feet and show what kind of a leader he would be because every president needs to show how they would distance themselves from the one before. even hillary clinton had to distance herself from her husband. president george w. bush had to distance himself from his dad to show how forward looking he would do. i think romney will have president bush's support. but maybe president bush will decide also if saturday night live is still trying oiled with blaming bush, making bush the issue, maybe it's better that he do what he has said he was going to do, which is stay out of the spotlight. >> brian: will ferrell came out and did that. >> they've got to get some new material. isn't there anybody else they can make fun of, like stuart varney? >> steve: good idea. >> gretchen: he has the british accent. you just can't make fun of the british accent.

we will see you on "the five." >> yep. >> gretchen: thanks for being here this morning. >> steve: dozen minutes after the top the hour. hollywood's liberals throwing parties and raising millions to keep president obama in office. why is tinseltown so fascinated by him? jim belushi we want to the big party out there and we'll talk to him shortly. >> brian: did i say 9 billion? i meant $16 billion. california's governor admits the state's deficit doubled overnight. why did he go on youtube to tell everybody ugh! all work and no food is making lorenzo very snippy.

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get a droid razr maxx by motorola for only $199.99. ah, welcome to hotels.com. i get it...guys weekend. yeah! if you're looking for a place to get together, you came to the right place. because here at hotels.com, we're only about hotels. yeah! yeah! noooo. yeah! finding you the perfect place is all we do. welcome to hotels.com >> brian: california's governor about to drop balm jet bombshell today. the state debt has nearly

doubled over a period of just five months. >> we're now facing a $16 billion hole. not the $9 billion we thought in january. >> brian: we're joined by a former california state assemblyman who thinks she has it figured out. chuck, what in the world is going on and are you surprised they are that far off? >> i am not surprised that they're that far off. what in the world is going on is that california is destroying its tax base. it has high taxes, high energy cost, high regulations. people who pay taxes are leaving. that's what's going on. >> brian: a third of the country's welfare recipients are located in california? >> that's right. california, with about -- pardon me, 12% of the population in the country has about 33% of the welfare recipients. it's like the future of the entitlement society that i think barak obama wants to have for the whole country. you can kind of see that future in california.

>> brian: so you're saying that the tax base is picking up and leaving because people are voting with their feet and going to places like you did in texas. now, when you look at where the money is being spent, what have you discovered? >> what's happening in california is they're spending more and more and more on big government. it includes health care. it includes education. it includes a lot of money for regulators who regulate every last little detail of the lives of people who are trying to create jobs in california. that's the problem with california is it kind of represents the future of the welfare state, the entitlement state in america. it doesn't work. it causes people not to work as hard and not to produce as much. >> brian: you spend a lot of time in service, whether serving as a representative in california or serving the country as a lieutenant colonel. why did you pick up and leave? >> well, i picked up and left because i saw that it just didn't seem california was learning its lesson.

i was an executive in the aero space business. the left company left in 2011. so i looked around the country and looked at which states honor freedom and liberty and hard work and keep government to a minimum, the minimum need for irritates people? i determined that texas was really the best place to go, soy picked up and moved. >> brian: democrat like governor cuomo making tough choices about balancing his budget, not really worrying too much about politics. what is it going to take for governor brown to make tough decisions? >> well, i think it's going to take the defeat of his tax measure in this november's election. they have a ballot measure that would boost the top marginal rate for income taxes in california, the highest in the country. if you add it to the federal rate, it would be over 48%. if that measure fails and it's designed to raise 9 billion, although some experts think it raises 6 1/2.

if that fails, they'll have to look at serious cuts. what brown isn't saying is that over half of the money that he's going to raise is going to go fund government employee pensions and health care costs. he doesn't want to talk about that because he doesn't think the voters of california are going to want to increase their taxes to pay for these government employee pensions. >> brian: we talk about this even if not all of california listening, burr the rest of the country should learn from this because we could all be facing this even on a state level. >> absolutely. one more thing, look for a bankruptcy in california soon. the 13th largest city in california stockton is ready to go belly up largely because its pension costs. >> brian: thanks so much. they are leading the country, sadly, in foreclosures. thank you for joining us. as we move this show ahead, you saw the video. now meet this amazing young man taking some of the very first steps and proving doctors wrong in doing so all to welcome his

father home from work. then from george clooney to barbra streisand, why is hollywood so obsessed with president obama who wants to tax them more? we'll talk with belushi next. wake up!

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since the president announced his support for same sex marriage last week, hollywood democrats have been pouring millions of dollars into his campaign coffers. george clooney, rickey martin,

all willing to help. why are so many celebrities nobodying back to president obama? jim belushi has been at one of those high priced fund raisers and joins us early on this monday. >> brian: what's it like? >> it was cool. it was really cool. intimate dinner. i mean, not intimate, like 60 people and once the doors closed, president obama just kind of dropped into himself and was very honest, very direct, very clear. i was really impressed. he was really powerful. it was really terrific. >> gretchen: what do celebrities love about president obama? >> well, celebrities in general, we're pretty democratic being in the theater. i was in the theater in high school, there were great programs and democrats always supported that. plus i'm from chicago. >> brian: there go. >> i'm a democrat chicago. obama is sensible. he's just reasonable. he's just a reasonable, sensible human being. >> gretchen: you don't mind pay

ago whole bunch more tax, even though you've been successful? >> there are some things you don't like. you can't have everything you like. >> gretchen: that's why i'm asking. >> i'd rather pay the taxes than see people on the streets. i'd rather pay the taxes than see people being educated. >> brian: a comedy at universal, he went out and he said, i'm a democrat and i voted for president obama, but he really resents the paraphrase, the way the success has been vilified and the way they've been blamed for not paying their fair share and he went into detail about how i have 20 employees, i give them all insurance. why am i the bad guy? >> you're talking about luvotz? he's a crazy guy. >> brian: is he on your cast? >> he was on "saturday night live" and did mr. destiny with him. he's crazy. you're actually quoting john lovetz?

you have jim belush, and you're quoting him? >> gretchen: since you're here, you have an important message. last year you were here talking about c.o.p.d. but today you want to talk about something that you kept private for a while, which is? >> wasn't that i kept it private, i don't know i had it. i had gout. i know there is a lot of people out there that parents have it or they have it and they don't admit to it. it's an extremely painful arthritic disease caused by genetics and creates crystals that form into your big toe and it flames up and i was on stage one time and it was so painful that i literally had to sing the whole show standing with a microphone on a stool with a big sock on my foot. i thought, i got to figure had out. i went to a rheumatologist and figured out what it was. >> steve: there are a lot of ways to manage it?

>> there's a lot of ways to manage it, but with men, it's a real ego thing. i just didn't want to admit that there was anything wrong with me. >> gretchen: oh, really? >> i can handle it! i'm a little girl! >> gretchen: are you one of the guys that doesn't like to go to the doctor? i've heard that. >> well, i can handle it. i played football. i can handle a little pain. but gout is high uric acid in the system. >> steve: it's easy once you go to your doctor. >> i'd go to a rheumatologist because they specialize in it and what medication you need and how much. it can go into refractory and chronic gout which is really an unusual kind of extension of the knuckles get really big and your feet can get deformed. my aunt had it. she passed away last march. and they have a new drug that just came out last april that

can just dissipate that and make it go away. >> brian: aside from the gout, what's your next project? >> i'm doing all kinds of things. a couple movies, developing some tv. i'm doing improvisational shows of my son. we go around. >> brian: really? >> oh, yeah. we have a ball. it's great working with your own boy. >> steve: the belushi bunch. if you want more information about gout, the web site is check out your gout.com. >> yeah. go do the little survey, find out if you really have it and get to a rheumatologist because there is no reason to suffer. >> steve: all right. thank you very much. >> gretchen: now you can have the coffee. >> i get my coffee. john lovetz is on my mind, i'm gog have to call him for more wisdom. >> gretchen: go on-line, it's everywhere. good to see you, jim. coming up, she was killed when terrorists slammed her plane into the world trade center. so why is her husband testifying on behalf of the man who plotted it all? shocking story coming up next.

>> steve: then meet the boy who overcame all odds. doctors said he would never walk, but he shocked the world doing this when his dad returned from war. the entire family live in the studio coming up

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am. >> gretchen: so this is america's got talent in england. you saw simon cowell as one of the judges. guess what? man's best friend is now at the top of reality tv. at least across the pond. this little dog named pugsy just one of britain's got talent. >> brian: that is ridiculous. it should be people! >> gretchen: he and his owner wowed the crowd and the judges with his "mission impossible" themed routine. have i got you yet? >> brian: no. i am outraged for the people of britain. imagine being beat out bay dog! the human race lost to a dog! >> gretchen: if you own him, he could be worth millions of dollars, tv deals, endorsements rolling in. now it will turn into like all

these pets auditions. >> steve: maybe that would be a good spinoff. twas two years ago that susan boyle was the winner and she had big talent. now replaced by a dog? >> brian: i'm amazed at this. are you actually going to bat for the dog? do you think more dogs should win talent contests? >> gretchen: i actually don't care. i'm just trying to -- >> brian: i'm embarrassed for the country. >> gretchen: i'm trying pick a fight with you. >> brian: you got it. there is no more talented human beings in britain than dogs? we're dealing with "the voice," "american idol," "the x factor ." we have not gone to the dogs. they still have humans out there. >> gretchen: your best friend, simon cowell, ask him why he picked a dog. >> brian: he is not my best friend. stallone is still my best friend. >> steve: i would suggest he's about to unveil a new animal talent show. >> brian: or animal planet. >> steve: or the whole planet. >> gretchen: let's see what wendell goler thinks with that. a week after president obama announced his support for same

sex marriage, he'll be attending an lbgt fund-raiser. wendell goler joins us to talk about that. good morning to you. >> i'm with you on the dog, gretchen. the obama campaign however, posted a 6 minute video on-line today with former workers at a kansas city steel mill that was bought by bain capital when mitt romney ran the companier. the mill was restructured and eventually closed down. it's an attack on romney's claim he's use his business experience to create more jobs than mr. obama has been able to in his 3 1/2 years in office. the president's campaign will run a 2 minute version of the video as television ads in the battle ground states of iowa, ohio, pennsylvania, virginia, and colorado. part of a $25 million ad campaign. it plans for nine states over the next month or so. here is a bit of the video. >> bain capital was sucking money out of the company like there was no tomorrow.

the business model of load ago company up with debt in order to extract immediate profits for yourself out of it and then insuring the failure of the company later on seemed like exactly the wrong thing that we needed in america today. >> the romney campaign hasn't responded to the ad, though the republican national committee rereleased a video called empty promise, debt and deficit, which attacks the president's job creation and spending. for his part, they drew a contrast with the president's support for gay marriage in a commencement address at jerry falwell university yesterday. >> culture, what you believe, what you value, how you live matters. as fundamental as these principles are, they may become topics of democratic debate from time to time, so it is today with the enduring institution of marriage. marriage is a relationship between one man and one woman.

[ cheers and applause ] >> mr. obama shared the stage with the founder of the pro gay group when he delivers the commencement today at barner college and heads a fund-raiser are rickey martin. >> gretchen: wendell goal of live at the white house, thanks so much. your headlines for a monday, the husband of a woman killed in the september 11 attacks is trying to save the life of the self-confessed mastermind, khalid sheikh mohammed? he was one of ten people allowed at the arraignment. he said he wanted to see the faces of the accused attackers. but according to the new york post, he's offering a to testify to help keep ksm and his co-conspirators from facing the death penalty. he says although the crimes are appalling and his own wife died in them, he doesn't believe in the death penalty. >> steve: take a look at this wild weather in space. this is video from nasa of a

solar storm seven times the size of planet earth. the solar flare sparkling like a diamond. it happens when the sun's elect tree magnetic field twists and bends, shooting out hot bursts of energy into the space. the flair, which happened on the 8th, was short lived, so there won't be any storms as a result. that's good for communications. >> brian: talk about a generous birthday gift, prince william about to inherit $16 million from the estate of his late mother. diana left close to $20 million worth of stocks, jewelry and cash after her death in '97. the value has grown to over $30 million. william and harry have to wait until they turn 30 to split the money. william's 30th birthday is june 21. >> steve: i was reading in one of those -- i want to say it was us weekly, they had a big thing about the royal family. did you know when wills was in california, he loved to go to wal-mart and buy lime flavored

budweiser lite. that was a big night out for him. >> brian: i tried lime flavor, but i need the pulp. i want hand squeezed lime in my beer. >> gretchen: he shares the same birthday with me. that's all i think about. doctors said michael cooney would never walk. but the six-year-old shocked the world, taking some his first steps to surprise his father as he returned from war. that boy and his family are here live. you don't want to miss that. >> brian: and great record, why does some members of congress want to cut them off? the outrageous proposal and why no other networks are talking about it i love cash back.

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mmmmm...i love you. i love bacon. i love you. [ male announcer ] there's no time like beggin' time. >> steve: they are the most elite and the most effective police force in the entire country, especially when it comes to fighting terror. so why are democrats quietly trying to cut down the new york city police department? michael goodwin, following this story closely, a fox news contributor and columnist for the "new york post." good morning to you. >> good morning. >> steve: i read your column yesterday. why are they coming out with long knives against ray kelly and company? >> it was a very strange vote in the house of representatives. new jersey congressman, a democrat, proposed an amendment, essentially would defund any law enforcement group from federal dollars that did any kind of profiling, any kind of anti-constitutional moves. doesn't mention the nypd, but in his floor speech, he tore

absolute israeli shredded -- shredded them, said it profiles, doesn't do its job well. and thankfully, pete king, a long island republican, stood up and said, no, and rallied the troops. the amendment was defeated. but it was such a partisan vote. virtually every democrat, only 11 democrats in the country voted against it. the rest voted to defund the new york police department which would affect the anti-terror efforts in new york city and crime efforts. >> steve: there is some talk here in new york that perhaps ray kelly would be a great mayoral candidate on the republican side. he hasn't declared that. so you can understand some local politicians to be involved. but for the national democrats to be tearing apart a city police department that has done such a good job in rooting out the terror before it happens, that's extraordinary. >> right. if you look at it from the large perspective, president obama has tried to counteract the idea that the democrats are soft on

terrorism, soft on crime. that i think in part is why he frequently spikes the football on the osama bin laden assassination. it is essentially a way of showing that he and the democratic party are tough on terror. so here at the same time, you have the congressional democrats sending the opposite message, which is we want to defund, we want to take away the federal money from the new york police department because some media organizations and some liberal activists accused it of profiling muslims, which absolutely has not done. it's followed all the law. it's been upheld and every time it's been tried. yet, there is this persistent narrative that the police are trampling on civil liberty. there is no evidence. in the meantime, they have stopped more than a dozen attempted terror plots in new york city. no attacks since 9-11. as pete king said on the floor of the house, instead of condemning them, we should be here giving them a medal. they have kept new york safe. >> steve: none the less, the criticism continues. michael goodwin, thank you for

joining us. >> thanks. >> steve: gretch? >> gretchen: it's a homecoming that's guaranteed to warm your heart. little boy who was never supposed to walk, surprises his father when he returns from war. 7-year-old michael cooney and his entire family are any guests when we return. first let's check in with bill hemmer for what's on at the top of the hour. >> that's really something special. that clip there. good morning to you. the culture wars back? if so, who win this is battle between romney and obama? jason says eric holder has two weeks to comply with congress. we'll talk to him live about that and how some state governments are holding up health care reform in their state and the two things they're waiting on and why. martha and i will see you at the top of the hour on a monday.

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>> gretchen: diagnosed with cerebral palsy, doctors told him he would never walk on his own. but the world witnessed a miracle when his father returned from war. >> gretchen: michael divide the doctors, greeting his dad on his own two feet and i'm honor to do have that proud father, jeremy cooney, his son, michael, sitting nokes to him and the rest of the family. good morning. >> good morning. >> gretchen: wow. what an emotional story. we've seen so many of these homecomings happen. but i think this one got to people so much more because this is such an incredible feat that your son did and they kept it all a surprise. correct? >> they did. i had no clue it was happening.

whenever i got home, normal homecoming, come in, grab the family, get your stuff, go home and start life. he come around that screen walking, never expected it. didn't have a clue it was going to happen. >> gretchen: amazing thin when we were showing the video is that michael, who cannot form words to speak to you just yet, the reaction on his face watching himself, he had a huge smile on his face. >> yeah. >> gretchen: i know he can communicate with you on an ipad sort of piece of equipment. what has he been able to tell but this moment? >> using it, he can form small sentences sentences and different words. as far as expressing himself, you get that in his actions and gestures. when he come around that screen and he was walking to me for the first time, you could tell by the look on his face that he knew he was doing something big. he was pretty proud of himself.

>> gretchen: it was an amazing moment. melissa, you were behind all of this. you had worked with michael, along with the therapist to get him to this point. >> and the other children. >> gretchen: to keep it a surprise from your husband. how did you do that in the world of technology now where you're speak to go him and you have facebook pages and the secret might have gotten out? >> you don't post it. you don't put videos up or statuses up and you bite your tongue when you're talking to him on the phone so you don't let it slip out. >> gretchen: how soon after jeremy left, he was gone seven months, did this accomplishment start to take place? >> say about two to three months, he got to where he would stand up on his own and then he figured out how to take a step and everybody encouraged him and he went further and further. >> gretchen: let me go to the kids over here because i don't know how you guys did it. how did you keep such a big secret -- let me start with logan. >> i first got about him walking and i just pretend that had it

never happened. >> gretchen: so when you spoke to your dad and he would say, how is michael doing, you would just come up with something else, right? >> yeah. >> gretchen: what about you, mariah? >> i wouldn't tell him. i would talk about something else. >> gretchen: and alyssa? >> i think of other things to say to him. >> gretchen: you would tell him maybe about something you guys were doing in school, right? in your wildest dreams, jeremy? >> wasn't even -- i had no clue. >> gretchen: i can't imagine as a mom with five children without your us and then to have a child with special needs as well, what kept you going every day? >> the children. being here for them and doing what i need to do. >> gretchen: to keep justin occupied, he has my black berry because i showed him a picture of my puppy.

if he's making phone calls and people are talking to him, that's what's going on, right, justin? so where do you plan to go now? are you home for a short period of time? >> i'm home for the next two, three years serving as an instructor there at camp lejeune, north carolina. eventually i have to go to deploying force. but now i get to catch up on family time and see where michael goes from here and see what's next for him. he's gaining every day in different areas at school and everything else. so depending on where he goes from here, where my military career will go after that. >> gretchen: melissa, i understand there was another milestone with michael. what was that? >> he is able to read. we discovered that. the teachers let us know that he'll look through a book and go to the picture and then he'll point to the word on on the dinobox. >> gretchen: what has your experience in new york city been

like because del frisco's restaurant here across the street was so overwhelmed by your story that they treated you to a dinner. how has your experience been? >> great. the dinner was great. for them to do that was great and i want to thank them for giving our family an opportunity to go. new york, we looked around and looked at different sites and it's all new to us. it's been a great experience and thank you all for bringing us here. >> melissa, you said if michael had not been able to accomplish the feat of walking, you would have never been able to come to new york. right? >> yeah. >> gretchen: what's the message that you want to give out to our viewers with michael? >> just there is always hope. if a doctor says you're never going to walk and they don't have an x-ray that shows a broken leg or something, it doesn't mean they'll never walk. let the child decide how far he wants to go and what he wants to accomplish. >> gretchen: amazing piece of video. thank you so much for your

service and to the rest of the family for all the help you did in making this dream come true for your dad. what a special homecoming. thanks for being our guest. >> thank you. >> gretchen: more "fox & friends" two minutes away dad, why are you getting that? is there a prize in there?

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