all you need parents, hey, kids, watch your mouth, in front of my children. bill: clean it up. see you back here tomorrow. "happening now" starts right now. jon: one person missing, hundreds forced from their homes. a massive wildfire in colorado. zero percent contained. this as more than 400 people fight the worst fire in that county in 25 years. jenna: on the east coast the trial of jerry sandusky begins today. the allegations of the child sex abuse shocked the penn state community and the entire nation. the former assistant coach will face his accusers in court. jon: and doctors are stumped by a huge spike in type one diabetes. one theory points to the overuse of hand sanitize and anti-bacterial soaps. those story as plus breaking news all "happening now.".

and good morning to you. we begin with this fox news alert. california police cite a member of president obama's cabinet. i'm jon scott. jenna: we're glad you're with us everybody. i'm jenna lee. commerce department now saying that 68-year-old john bryson suffered a sear sure during a series of car crashes this weekend. los angeles police say secretary bryson was driving alone saturday, when he struck a car. talked to those briefly inside the car and left the scene reportingly hitting car again. police then found him unconscious behind the wheel. prison was taken to the hospital. the police cited him for felony hit-and-run. doug mckelway is live in washington with more on this doug, what else do we know about this bizarre set of circumstances?. >> reporter: jenna, very clearly points to a cause at this point. moments ago his office here in washington released a statement. it said, quote, secretary bryson was involved in a traffic accident in los angeles over the weekend.

he suffered a seizure. he was taken to the hospital for examination and remained overnight for observation. he was release and and returned to washington. the investigation is own going end quote. san gabriel police ruled out drugs or alcohol as a factor in the accident. they said quote, was really confused. i guess we better all pull over and exchange information. police said the 68-year-old commerce secretary has a preexisting medical condition but did not go into any details beyond that. his office did not describe the type of seizure he had. one likely possibility is a petite mal seizure or absence sees sure as they're typically called nowadays. we're marked but sudden unconsciousness, interruption of activities and blank stare and unresponsive necessariness. they subside quickly as they come on. that is a possibility at this point. jenna: we try to learn more about this we're glad to

hear at least at this point everybody is okay, even though those inside the car that were hit. what was the commerce secretary doing in the area again? >> reporter: we know he was there thursday, june 7th to give a commencement address at pasadena polytechnic school. that is where several of his daughters went to school. he lives in washington. he made southern california his home for many, many years. he has one previous driving infraction in 1992 for exceeding the speed limit. he was fined 65 bucks in that case. it was ancient history. in saturday's incident after he struck the first car he said he had a brief conversation with the occupants of that car and drove off and struck that same car, a second time before striking a third car. when police finally rolled up on the scene he was unconscious behind the wheel. all indications point to this seizure as the being responsible for all of this behavior. jenna: quick final question for you, doug. what is next?

what are you waiting as far as information? >> reporter: he was cited by the police and now it is turned over to the district attorney's office there. they will decide whether to go ahead with these charges. jenna: we'll wait for more information on that. doug mckelway, live in d.c. for us. thank you. >> reporter: sure thing. jon: a fox news alert now. wildfires raging across the west. in colorado, federal crews joining in the fight against a massive fire west of fort collins after wind-driven flames consumed more than 30 square miles of forest in just two days. ominously police say one homeowner is reported missing. nearly 2,000 more forced to fact pack up and get out. >> heard it growling. he said i was done. i'm out. >> probably huge, twice as big as it was yesterday. >> we're all literally just watching, praying it is not our house that we see go up in smoke. >> when we left, the fire was coming over the hill and, i would say it is about

three stories high and blowing sideways. it was just surreal. i couldn't believe what was happening. >> reporter:. jon: meanwhile in southern new mexico cruises struggling to get ahead of one massive fire near a mountain community. one concern now, too many fires, not enough resources. joining us on the phone, larimer county sheriff's information officer, john schultz. what does today look like? >> we have 36,998 acres burnt. we have 0% containment. we have 400 personnel on the ground. we're hoping quieter day as far as the weather. this is fueled primarily by wind and very dry conditions. we're hoping for wind to die down a little bit today and give crews a chance to try to get some containment going. jon: i heard one report that thunderstorms were possible. that is always a good news and bad news situation. does look like you might

have some there? >> they are predicting there may be some late afternoon rms to. that is kind of a mixed blessing. hopefully we get rain. what happens this time of year in colorado, those are dry thunderstorms and all we get is lightning which starts more fires. jon: yeah, it is thought that this one may have been started by lightning in the first place, huh? >> we haven't confirmed that for sure but at this time the preliminary cause has been listed as lightning. jon: 2000 people have been forcesed to get out. it is a fairly populated area for the mountains, isn't it? >> actually that number is a little bit misleading because while we've sent out 2600 emergency notifications there could be, two or three per household because it's based upon phone lines registered with us. so some people might have a, a land line and a couple of cell phones for the same home. that are notifying. so we really don't have an exact count on the number of people or the number of

homes but it is significant. jon: sure. >> to say the least. this is a more populated area for mountains because it is closer to the city but i wouldn't say it is really populated in terms of a mountain area. jon: okay. now one person is reported missing. what do you know about that case? is it possible that it's just somebody who hasn't checked in with relatives yet? >> well, at this point we're not sure. we don't believe so at this point in time. she has been confirmed missing and was, last known to be in the area of, in the general area of where the fire started had some of the worst action on the first day. so we have people who are investigating this trying to figure out what happened. we're hoping for the best but it's, doesn't look good at this time. jon: yeah. well, we certainly wish you

well. i know everybody's giving it all they got to try to get a handle on this thing but 0% containment doesn't sound good for a fire of this size. john schultz from larimer county. thank you. >> you bet. jenna: we'll move back to d.c. now and there is brand new fallout in the "fast and furious" investigation with the house oversight committee apparently making a big move as it scheduled a vote for next week on holding the attorney general in contempt of congress. the panel says eric holder failed to respond to a subpoena asking for internal justice department documents in the botched gun-running sting. chief congressional correspondent mike emanuel is live in washington. mike, hearing after hearing there is a question about what happens next. why now? why does it look like this committee or this panel is making this move now? >> reporter: jenna, it was pretty clear late last week, the commit tears the lawmakers who have been asking for this information since last october 12th when they subpoenaed the attorney general have been running out of patience. chairman darrell issa said

this morning, quote, while the justice department can still stop the process of content this will only occur through the delivery of the post-february 4th, 2011 documents, related to operation "fast and furious". and whistle-blower accusations subpoenaed by the committee of the if the attorney general decides to produce these subpoenaed documents i am confident we can reach agreement on other materials and render the process of contempt unnecessary. house speaker john boehner says the justice department is running out of excuses on "fast and furious" and quote, either the justice department turns over the information requested, or congress will have no choice but to move forward with holding the attorney general in contempt for obstructing an ongoing investigation. this move turns up the pressure on the justice department to provide more information in a hurry, jenna. jenna: the justice department says they provided thousands of pieces of paper so far. they're concerned about some other documents being public. we'll see what they do. mike, you see exchanges

between congressman issa and the attorney general. they have clashed before. why is there so much 10 shun between the two of them? >> reporter: issa believes mr. holder has been with holding information. hear is the sample of the tension between these two key figures. >> have you and your attorneys produced internally the materials responsive to the subpoenas? >> we believe that we have responded to the subpoenas. >> no, mr. attorney general, you're not a good witness. a good witness answers the question asked. let's go back again. >> reporter: attorney general holder is due to testify before the senate judiciary committee tomorrow, jenna? jenna: we'll watch what is next. thank you very much, mike emanuel in d.c.. jon: a manhunt underway in alabama for a man police say opened fire at a pool party near the campus of auburn university. three people are dead. a live report next. jenna: also control of congress up for grabs in november. we'll look at some key races

that could decide which party rules on capitol hill. nice picture of capitol hill today on a monday. jon: looks good today. plus new fallout from president obama saying the private sector is quote, doing fine. governor romney quickly firing back. while the president's campaign appears to be doing some damage control. will his phrase become a factor in november? a fair and balanced debate ahead. but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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jenna: fox news alert for you now. the search is on for a gunman who killed three people near auburn university in alabama, including two former football players. police are naming a 22-year-old suspect a man who was previously faced gun charges. elizabeth prann is live from auburn, alabama with more on this. elizabeth? >> reporter: hi, jenna.

that man, 22-year-old, desmonte leonard, the front page of the local newspaper totally dedicated asking the public's help to find him. police say he is responsible for the deadliest shooting in the city's history. there is $15,000 reward for finding him. police are focusing on montgomery county which is 60 miles from here. remember this is a man who police say opened fire at a pool party on saturday evening, shooting six men, killing three of them. half of his victims were members of the tigers football team, former or current members of the tigers football team. we spoke weather the police chief earlier. he had a very emotional response to the event this weekend. listen here. >> the worst shooting of occurred in auburn. it is a tragedy, and at the same time you have to do your job as a police officer here in auburn but you're a human being too. so you're, you're still hurting. you think about the families of those deceased ones this morning. think about the young man in irm about ham fighting for

his life. >> reporter: now remember, all six of his victims were under the legal drinking age. a very sad event the city is in mourning when. we spoke with the police chief they said they were very close to leonard last night but he is confident they will get him today. jenna. jenna: we'll look forward to more developments on this. elizabeth, thank you. jon: we are america's election headquarters and control of congress at stake in november with every single house seat up for grabs. right now republicans are in control on the house side after winning big in 2010. with 242 seats to the democrats 190. there are no independents and right now, three vacancis. in the senate, the balance of power tips toward the democrats. they have 51 seats. republicans 47. the independents, have two but the gop could be poised to make gains if not take

control in november. joining us now, larry sabato, the director for the center of politics at the university of virginia. larry good to have you on. so when you look at the house side, the house had that monumental shift last time around . what do you see this time? >> no monumental shift, john. no monumental shift. jon: really? >> yeah. in fact our current count, my house editor files these races all of them on a daily basis. the republicans currently have 242 seats. we already have the republicans up to 235 seats. remember, it takes 218 to control the house. so by our count the republicans are already well ahead of what they actually need. we only have 15 real toss-ups in the whole country which is kind of sad when you think about it. that is because of redistricting. so many of these seats are automatically democratic or automatically republican

because of the way they draw the lines. but i'll tell you i just don't see a way, other than, an unexpected, underline, unexpected obama landslide, for the democrats to get a majority in the house. jon: so you think it could wind up looking pretty much like the house we have now? >> yes. we'll spend hundreds of millions of dollars to produce a house that looks pretty much like it does now. jon: okay. >> that is the american way. jon: well, and i'm sure those who are on the receiving end of the advertising will like all of that money spent. take a look at the senate. there are three races you are particularly keyed in on. the first is in north dakota. tell us about it. >> well, north dakota is going to be for mitt romney, probablyly by about 60% to 40%, somewhere in that general vicinity. you would think that an open senate seat would automatically go to the republican but the latest poll has the democrat and republican essentially tied. our feeling is that in the

end, romney's margin in north dakota will pull the republican across the finish line. he is congressman rick byrd, over the democrat, former attorney general heidi camp. i have to admit that is one worth watching. one very personal politics in north dakota, might, might, override party i.d.. jon: but that is one currently where you have a democratic senator who is retiring and that would be, net gain for the republicans if in fact byrd pulls it out. montana, also a state currently represented by a democratic senator and you think that he might be vulnerable? >> yes. i think that senator jon tester, a one-term democrat, will have a very difficult time winning a second term again, because you're going to have a romney margin that is very substantial in montana. the last time a john mccain carried montana over barack obama but not by that much. well, this time i think it's

going to be a pretty big margin for the republican, for mitt romney. that should be enough to carry across the congressman denny rehberg. jon: the state where i got my journalism degree, missouri, claire mccaskill doesn't have a republican opponent as yet. >> she doesn't as yet. there are three candidates. we'll see which one gets the nomination. we wouldn't want to speculate on that. whoever the guess the nomination, jon, i think is going to have a pretty good chance. once again, four years ago you had barack obama coming very close, just a few thousand votes from carrying missouri. well, not this year. it's going to be a very substantial margin for mitt romney we believe in missouri and that will probably carry the republican nominee to victory in the senate contest. jon: as you said last time, could be a 50-50 tie in the next senate? >> it could be. if romney wins the presidency i think republicans will win out

right majority in the senate. if president obama is re-elected. the democrats have a shot at 51-49 or 50-50. i would give a slight edge to the republicans in carrying the senate but it is close. it could end up 50-50 with the vice president breaking the tie. jon: dial in the crystal ball. try to get things a little more clearer for us. larry sabato. >> only june, jon. only june. jon: i like to push you anyway. thanks, larry. >> thank you. jenna: the white house under fire at this hour as lawmakers push for a new investigation into a string of intelligence leaks. we've heard the debate back and forth. what does this mean for us, the american people? we have two guests coming up. one who worked on the inside when leaks happened and one who worked to report on those leaks when they did. that is just ahead. jon: also, opening arguments in the child sex abuse trial of former penn state assistant football coach jerry sandusky. we're live outside the courthouse with interesting details just ahead.

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jenna: some new developments today in the growing scandal over recent intelligence leaks. senator john mccain calling for a new, independent investigation. here he is on "fox and friends" this morning. >> here we are with the two most important covert operations going on and they are, ongoing and clearly puts people's lives at risk. i don't think there is any doubt that it came from the administration. we need to find out who and what as best we can. i would think that the person most eager to get this thing investigated would be the president of the united states. jenna: in the meantime president obama's senior campaign advisor david axelrod acknowledging the issue but saying the leaks did not come from the white house. >> there were obviously leaks but they weren't from

the white house. let me tell you something. i sat with the president for two years when i was in the white house. i don't think there was anything that weighed on him more heavily than these life and death decisions. he understands that when he commits people to missions that their lives are at stake and the safety of americans are at stake. and the last thing that he would countenance or anybody around him would countenance a are leaks that would deputize the security of americans on these secret missions and the success of those missions. jenna: all right. we've heard both sides. what does this mean for us though, the american people? if we take a step back from the politics of it all. here fox news national security analyst, kt mcfarland and fox news contributor, marvin kalb. great to have you both with us today. kt, you had the experience working inside government and inside the white house. marvin, you had the experience on reporting the white house and coming face-to-face with some information leaks yourself. so, marvin, what is your

take? as far as the value to the american people, about what we need to know and what we don't need to know? was a line crossed here? has a line been crossed in this administration in what we've seen as far as information out in the public sphere? >> no, in my view it has not been crossed. i think one of the big issues before us right now is to understand what we mean by a leak. the idea of information being conveyed to reporters happens every single day in every bureau in this country. so the idea that something remarkable is now happening is simply not true. the reporter, david sanger, of "the new york times" who broke the big story on the stuxnet, the iran queen -- iranian nuclear arms computer, he had been working on that story for two or three years and along the way the story has appeared in the "new york times" and many other news organizations. the idea at this particular point people who might not have been paying attention

suddenly say, my god, what is going on here, that is what is remarkable and there is a lot of political hypocrisy in it. jenna: k. it, your thoughts. >> i completely disagree. i've been in those meetings. i was in the west wing of the white house throughout watergate. these meetings are a handful of people. even if those handful of people went back and talked to their immediate aides you're talking about a very small universe. date sanger, "the washington post", "new york times", very careful reporter. he has basically verbatim transcripts of meetings that were taking place in the oval office in the white house situation room. i do think it's a problem. let me tell you what starts happening now in the white house. somebody has done some leaking. that person or people probably gotten in touch with some lawyers. the lawyers have said to them, be quiet, don't talk about it. don't talk to anybody else about it. then the other people on those white house staffs or in the inner circle, they start wondering who is talking? i didn't do it but maybe i should get a lawyer. at some point, some names

are going to come out. if they don't come out, then it's a cover-up. means people doing the investigating aren't doing their job. i think this story has the ability to have very long legs and potentially impact the election. jenna: one of the things marvin pointed out, kt, these leaks happen throughout many a administrations. what make this is different. >> this makes it different, very highly classified information. sources and methods being revealed in a public forum, things that anybody in the intelligence and defense communities would prefer not to have leaked. secondly, it's bipartisan. the criticisms of this are coming not just from republicans on captiol hill, not from president obama's political opponents. this is coming from the leading democrat in house and senate on intelligence committees. all of them are saying this is something they have never seen before. third i think you've got a very, at a public, which is very heightened and alert to all these international terrorism issues, cybersecurity, iran's

nuclear weapons program, the bin laden raid. there are a lot more people paying attention to this than maybe during watergate and the watergate break-in that marvin and i were involved in. jenna: marvin, i want to get your thoughts what kt had to say in a moment. i came across something i want to share with you both. my grand father was a war correspondent during world war ii. i have his field manual right here. photocopy what he can report on and what he can't, when he is on the field or out in the field and i think it is bears a reminder, marvin, we are at a time of war. and i'm curious, in this, in this field guide, he basically, my grand father would not be able to talk about secrets. he would have to ask for a special permission for reporting certain facts. and he was, if you handed in a document, the document could be censored before it was printed. marvin, i'm just curious in your opinion, worked through war and times of war how is that factor and how we've

become a little insensitive to the fact we're at war and maybe the leaks do mean more at this time? >> one of the things to bear in mind immediately, the environment, a news environment, the political environment which your grandfather operated during world war ii is totally different from the environment that a reporter works in today. the idea that democrats and republicans are al lined in saying oh, my god, a terrible thing has now happened is perfectly understandable. nobody wants to be in favor of a leak on national security. but let us all be honest with one another. the idea of a leak is simply the transmission of information. it happens all the time. if you go around saying right now, that the earth is shattered because of this leak, you're misleading the american people. we are now observing something that is as much political as it is national security interests. bear in mind that during the

administration of george w. bush --. jenna: hold your thought for one second. i have to take a commercial break. with when he with come back you can finish that thought. >> okay and he didn't stop for three days and nights as he escaped life as a child soldier. twenty years later, he was still running, he just had a different thing driving him. every step of the way. ♪ visa. supporting athletes and the olympic games for 25 years. join our global cheer.

well hello, welcome to hotels.com. visa. supporting athletes and the olympic games for 25 years. summer road trip, huh? yep uhuh let's find you a room. at hotels.com, you'll always find the perfect hotel. cause we only do hotels. wow. i like that. nice! no. laugh...awe hmm nice huh ooh, yeah book it! oh boy call me... this summer, we're finding you the perfect place - plus giving you up to $100 at hotels.com jenna: welcome back, everyone. we'll finish up quickly, our discussion, our great discussion on national security leaks. marvin, you had a quick final thought. i started this conversation what this means for the american people and you were talking a little bit about the political environment. >> well the political environment is important.

please bear in mind that during the bush ii administration, george w. bush, bob woodward of "the washington post" published four books on "war and peace" issues, iraq and afghanistan, loaded with national security information. the information came from the senior officials including the president himself. sometimes named, most of the time not named. this goes on all the time. administrations use information for their own political advantage. jenna: kt, you get the final thought next time. >> absolutely. nothing bronc with what he said. this time it is different and sources and methods and people will die as a result. jenna: important discussion. kt, marvin, thank you very much. >> right-o. jon: right now, opening arguments underway in the child sex abuse trial of former penn state assistant football coach, jerry sandusky, accused of abusing 10 boys over a 15-year span. david lee miller live

outside the courthouse in bell font, pennsylvania. david? >> reporter: jon the opening statements began 9:00 this morning. the lead prosecutor spoke for about two hours and made a number of very graphic and disturbing allegations. among them he told the jury, jerry sandusky while making a road trip to a bowl game tried to commit a sexual act with a teenage boy in the bathroom. according to the prosecutor, mrs. sand doessy, the defendant's wife and entered the hotel room and unknowingly disrupted that sex act while it was taking place. she apparently did not see anything happening. her presence in the hotel room did stop the sexual act from continuing. also, according to the prosecutor that particular victim, described at time as young as 13 years old received a multitude of gifts from sandusky outlined by the prosecutor. football helmets, snow boards as well as skateboards according to the

prosecutor. the defendant, jerry sandusky also had his photograph with that particular vick tim in -- victim in "sports illustrated" magazine. the prosecution painted jerry sandusky as a sexual predator. six of his victims were raised without a father and three in a foster home. they put the photographs of all eight known victims on a screen and said humiliation, shame and fear, equals silence. lastly, jon, this is a breaking development here. moments ago the defense submitted a motion, apparently in response to the prosecution's planned effort to introduce so-called love letters that jerry sandusky allegedly wrote to at least one of the victims. the defense now saying in response to the possible admission of those love letters they want to get some type of psychological expert to testify that jerry sandusky was suffering from history on nick personality disorder and that can

explain they say some of the actions of this particular defendant. so we learned a little bit more about the defense. the defense is now making its opening statement. they maintain that jerry sandusky is in the and that the victims here conspired, made up these stories and concocted them for money. jon. jon: there are interesting facets about this case and especially the jurors on the case. we'll be talking about it with our legal panel coming up. david lee miller. thank you. jenna: new fallout from the president's comments from the private sector is doing just fine. we have a fair and balanced debate on that coming up.

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that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. >> overall the private sector has been doing a good job creating, creating jobs. we've seen record profits in the corporate sector. the private sector is doing fine. jon: new fallout from those comments from president obama on the economy.

governor romney's camp putting out this web ad today. >> tonight on world news, jobs jolt. the worst jobs number in a year. >> may jobs report just came out and the numbers are not good. >> reacting to a dismal jobs report. >> employment rate up to 8.2%. jon: meanwhile the white house is doing some damage control. here's the president's senior campaign advisor david axelrod trying to clarify mr. obama's comments from friday. >> what the president meant to say was that since this, in the last 27 months we've created 4.3 million private sector jobs, not enough, but far different than the 800,000 a month -- >> why didn't he say this. >> this is the kind of thing we do in campaigns, your community and my community. we get excited about it. the question, what it means. is there transcendant meaning to it in november. will people make judgments on this? no. they will judge on what the

president's doners despite the flap over his comments the obama camp may be banking on the president's likeability. according to a new "fox news poll", mr. obama leads governor romney on that front by eight points. as you see there. 54% of voters have a favorable rating of the president. they have at about 46% of voters have a favorable opinion of mitt romney. will this all last? joining us now for a fair and balanced debate the executive director of the american values institute. alexis mcgill johnson. and sabrina schaeffer, the executive director of the independent women's forum. alexis, the president enjoys as we saw that favorability rating and yet when asked about whether or not he is doing a good job, only 48%, or so, of voters feel that he is doing a good job as president. will the favorability rating carry him across the finish line in november? >> well i think when you compare the president's favorability with romney's favorability i think

absolute we can see that he is definitely going to continue to enjoy more, more support by a broad sector of americans. i think the real difference, around the job issue has to do with his favorability versus the congress's favorability which is virtually in the toilet at this point. i think that is because the american people know that as hard as this president has worked to create almost, over 4 million jobs, for this nation and for this economy, that congress has at every turn tried to thwart his ability to do so. and i think they, they, like the president. i think they're a little concerned about the congress that is going to move forward. jon: is a breen nashgs the four million jobs number is not exactly a winner when you look at the job creation that you're supposed to have, just to keep up with population growth. that four million jobs, really only keeps up with population growth. >> yeah. let's remember that we have a national debt that swelled to almost $14 trillion.

we have 8.2% unemployment. we have poll after poll showing us that the american people think we're moving in the wrong direction yet we have a president who seems to think that the private sector is doing fine and we have a congress introducing job-killing legislation like the paycheck fairness act. they seem more than out of touch. this is really sort of thumbing your nose at the american people. jon: so then, why, sabrina, are the president's personal popularity ratings are so high? >> look, he is likeable man. he is married with two adorable children. there is nothing not to like on the personal front. that only carries you so far when the economy is in the situation that it is. we have to remember, this is a white house continuously not listening to the american people. i think that is what is really brother bothering people. look at scott brown election in massachusetts. yet right after that the president continued to push the affordable care act. we have the wisconsin recall and democrats saying o, no, no, this is fine it doesn't mean anything it was quite a statement on government over reach, quite a statement on

government spending. the white house seems to be tone he have did. jon: so, alexis, the romney campaign feels that the president's popularity remains high. his personal popularity remains high, because voters, like the guy. they want to validate the vote for him that they cast almost four years ago but they wouldn't necessarily cast that vote again. can you comment on that? >> you know, i actually think it's really interesting that romney campaign cares about the president's likeability because at the end of the day, when this race comes down to it, it is going to come down to who is the best record of a job creator. if that message continues to many come out we're going to see that the president, the president has focused intensively on creating jobs for this economy and romney's record, however sparse it is, as a governor and at bain capital has shown that he has been a job

destroyer. >> i need to step in here. that will not resonate. that is one dimensional view of governor romney. that is one-dimensional view of bain capital. that unfair and i hope the romney campaign hits back, in order to, people may be uncomfortable with the fact that bain capital took apart companies. they were creating new businesses and creating new jobs that is too often left out of thising conversation. jon: we'll have to leave the discussion there, is a breen. >> schaeffer, alexis johnson. thanks. jenna: doctors are puzzled at a dramatic increase in childhood diabetes. one theory has to do with hygiene, good hygiene. the could overuse of anti-bacterial soap and hand sanitizer play a role in this? we'll talk to dr. baud -- baden next. massive wildfire out of control in colorado. we'll have a live report from denver just ahead. ♪

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jenna: "happening now", a surprising rise in the rate of diabetes among our nation's children and there is some debate why this is happening. a recent study looking at 20,000 kids in five states found and alarming 23% rise in the rate of type one diabetes in just eight years. type-2 diabetes which is linked to obesity, also rose 21%. there is big question what is causing this exactly. dr. lee vinocur, adjunct professor at louisiana state university. before we launch into the reason why, if type 2 is determined by obesity, what is type one? >> type one used to be just called juvenile onset. 30 years ago that's all we

saw in kids. it is an autoimmune disease. sometimes people can link it to a bad fever where you had a problem when they were infants but something in the body is attacking the eyelet cells, the sells in the pancreas that make insulin. the kids don't make any insulin. they need to be put on insulin right away. jenna: some theories why this is growing, include weight gain early on, fast growth, kids are physically growing faster than in previous decades. >> right. jenna: you say there is another theory how hygenic we are. how could that be a factor? >> we're seeing a rise in a lot of autoimmune diseases and food allergies because our body is attacking something in the body or food we take in like it is a germ. there is this theory out there we spend too much taking antibiotics first of all as a society and using all the anti-bacterial wipes and surfaces have this anti-bacterial surface on it. and right now, in developed

nations we've killed all the bacteria, so now our immune system is overactive and it is attacking things in our body. so it's like we're two clean right now. jenna: you're a doctor, and also a mom. >> right. jenna: do you use anti-bacterial soap in your house? >> i use regular soap and water. there is this idea, several years talked about a dirt vaccine, with we got kids more used to dirt and things. when i was a resident, my chief resident used to go home and play with his kids and in his dirty scrubs so they would be expressed to all the different types of bacteria. jenna: how are the kids, are they okay? >> they were okay when i was doing my training. so. jenna: this is something for parents to consider. are there any early indications or early signs if your child has type one diabetes? >> yes. if you notice your child is excessively thirsty, urinating a lot, but actually losing weight and very fatigued sometimes that's a sign of type one

diabetes and that is something you need to get to the doctor right away. have them check blood sugars. jenna: something to be aware of. we'll think about the anti-bacterial stuff. dr. vinocur, thanks for being on set. >> my pleasure. jenna: no more wipes on set. keep the computer dirty. jon: pig pen was my childhood nickname. i don't think i will be a victim. i hope not any way. thanks very much. a major move by congress in the "fast and furious" investigation. a house panel setting a vote on holding the attorney general in contempt of congress. the impact this might have politically. we'll go in depth. and some of the biggest banks in the u.s. facing a potential downgrade. what this could mean for you next.

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jon: fox news alert. the attorney general of the united states facing a vote to hoped him in contempt of congress. the oversight committee setting a date next week, june 20th. i'm jon scott, all new on "happening now." jenna: i'm jenna leave. a contempt vote generates from a long battle over a gun running sting. they say he's withholding documents. object strubt beinobstructing the full investigation of fast and furious. jon: they say they have complied with handing over thousands of documents. congressman issa is not satisfied withhold der' with holder's testimony. he joins us now. i take it you would not schedule this vote if you didn't think you could win. do you expect the attorney

general to be held in contempt of congress? >> it's not about winning or losing, it's about getting the discovery that brian terry's family, the border patrol agent killed the information. we've been patient. the speaker of the house intervened in an unprecedented letter to try to get the cooperation. last week on thursday eric holder made it leer that he has over 140,000 documents, but continues to talk about the 7,000 he gave to us. well on may 18th the speaker asked for specific areas, the ones that would let us know, which they haven't given us, who was responsible for lying to congress and the american people on february 4th of 2011, and more importantly, who was responsible foray proving fast and furious. as he learned we have wiretaps, we've head them, we know some of people who signed off on the tactics. we'd like to know all of them,

because ultimately authors the people, just like the gss scanned disciple and the secret service scandal, those are the people that shouldn't be in government. jon: the white house, the justice department could use executive privilege to block the release of the documents, but it's my understanding they have not cited it so far. >> they haven't cited it because they don't have it. executive privilege is the privilege of discussions between in consultation with the president, deciding how you're going to lie to congress and when you discover you've given false statements to congress and they are watching up on figuring out that what you said is true, figuring out, if, how and when and how you're going to disclose is not covered by executive privilege. i think watergate certainly proves that cover ups are never covered by executive privilege, only the consultation with the president. jon: you say they have no good reason to withhold the documents. >> they have no good reason to withhold it. we have been very careful. we don't want things related to ongoing investigations. we don't want anything that would compromise the prosecution of the people responsible, but

remember 2,000 weapons plus went into the hands of the cartel and they went repeatedly under the eyes of the atf and justice department officials and ultimately the approvals for that were all signed in washington. jon: the testimony has got even very testy when the attorney general was in front of your committee recently. i want to play our viewers a clip and ask you some questions on the back side. >> of course. have you and your attorneys proceed tkaoeusd interna produced internally the materials responding to the materials. >> we believe we have responded to the subpoenas. >> mr. attorney general you're not a good witness. a good witness answers a question asked. let's go back again. jon: has this become personal? >> no, when you only have five minutes you can't let the attorney general talk about how many documents they looked through and the 7600 they gave you. you have to get them to answer the question. have you produced somewhere the

documents responsive that you're withholding? ultimately we got the answer, which is yes, he has 140,000 documents of which they've given us about 7600 and we've asked for a log of those documents so that we could narrow the discovery or in some other way cooperate, and we are not getting it. and this is the reason that the speaker of the house felt that it was time to go forward. remember, we were convinced as a committee more than a month ago the speaker of the house and the leader cantor, they asked us to give time and ultimately to prove it. we've proven it. we've given time. the speaker made an unprecedented personal appeal in a letter in may 18th and got nothing. so that's the reason we're going forward. jon: do you think that scheduling the vote will motivate the justice department to give you what you're looking for. >> we are hopeful. all we want the discovery that the american people deserve and brian terry's family deserve. these votes are not unprecedented either. chairman waxman did them in

2007, 2008, when he was looking into the, ten, bush administration. but ultimately it's not about going to contempt, it's about getting cooperation and legitimate discovery. and in this case they are not asserting privilege, they are simply not giving the documents the american people deserve. jon: congressman darrell issa is chairman of the committee on oversight and reform. thank you for take the time to talk to us. jenna: we'll take you overseas now fox news alert. massive explosions in syria and dozens killed in the rebel stronghold of whoms. many civilians are trapped. conor powell is live in our mideast bureau with more. >> reporter: in the past few days the city of whoms has been getting pounded by syrian artillery. this is the most intense barrage of artillery that whoms has faced during this entire 15-month uprising. the syrian rebels are also pushing back against syrian

troops as well. over the weekend they reportedly took control of a syrian air defense base. we don't know a whole lot about this base. we don't know what type of weapons were there or how large it was. it is showing the syrian rebels are pushing back and pushing into areas controlled by syrian troops, they are not allowing the syrian troops simply to attack the rebels. they are talking about a bloody conflict that is escalating in areas that has not previously seen some of the violence. we are getting word that the syrian rebels are making some impact on -ts syrian troops, apparently syrian troops are facing higher casualties according to opposition groups and the own syrian ministry of foreign affairs has also talked about using -- seeing new weapons that the rebels are using including antitank misses. we are getting word that syrian army is using more and more helicopters to protect against growing casualties that the

rebels are inflicting. it's a very bloody situation. koffi annan says he is gravely concerned about the growing risk of civil war in syria. many people the country is already in a civil war, whether or not it's a civil war or not it is certainly a bloody and horrific, violent situation there, jenna. jenna: those images are hard to look at as we've been watching them month, after month after month. thank you very much. connor mentioned about concerns about weapons falling into the wrong hands. there are fears about syria's arsenal of weapons of mass destruction, we are talking about chemical weapons, things like that, falling into terrorist hands. we'll be joined by david shanker, the former military adviser to the secretary of defense donald rumsfeld. he'll be talking to us about that later on this hour. an aid package coming to the rescue of spain, specifically spain's troubled banks, worth as much as $125 billion. stock markets in europe

initially reacted well but finished the day mixed, and wall street down a little bit, 33 points on the dow. alarm bells were also ringing for banks in this country. moody's is expected to announce this week the downgrade of 17 global banks, including some of the biggest u.s. financial firms. joining us live, peter schick president of euro pacific capital, and author of america's coming bankruptcy, how to savors and your country. nice tow have you back with us. >> thanks for having me on. jenna: let's talk about the banks first. it's been telegraphed that potentially the downgrades could be coming. what does it mean for us? >> i don't think the downgrades will go far enough. i think the banks are in a lot worse shape than some of these agencies appreciate. we have to understand why is it that banks are in so much trouble? the reason is because of all the government involvement in the banking sector. it's the government involvement that subsidizes all of their risk taking. the banks are in so much debt

because the government has led them down this prim rose path. then we think bailout -rs a solution. it's just a moral hazard, it encourages more of the same bad behavior that government policy created in the first place. i think we really need to get the government out of the banking sector as much as possible. i already believe that they've done so much damage that many of our major banks in this country, i believe are going to fail in a more spectacular way than they did in 2008, as soon as the fed loses control of interest rates and they go a lot higher i think these big banks are going to fail and there will be huge losses as a result. jenna: you're not a loan. we should point out to your vireour viewers that this is your opinion. do you see these bank failure failures happening five, ten years from now. >> i think it will be sooner than that. right now we're buying time based on the problems in europe. people are so worried about the euro and the euro zone they are taking rove tpaoupblg in the

dollar and the treasury market. that is temporarily keeping our interest rates lower and allowing our government to keep on spending and americans to keep on borrowing and spending. eventually we will not be able to do that any more. people will be worried about all the money we're printing, all the inflation we're creating and interest rates are going to move up in a very spectacular way and we are so leaf of leveraged we can't handlele it. the banks can't handle it. the federal government can't handle it. our government cannot handle a 5, or 7 or 10% interest rate than anyone in europe can. jenna: we are trying to get you in the middle of the screen. sometimes it happen and sometimessess does. there have been calls from people sharing a different opinion than you saying that the united states government has to get more involved than europe, because if we don't get involved more than we have, and there is

a lack of specifics on that, that is going to crushes, 6, 12 months from now. >> how can we get involved when we are already broke? our government is running a budget deficit of almost a trillion and a half dollars a year. we are drowning in debt. all we can do is print money. we are printing all this money right now to bridge the gap between what we collect in tanksestaxes and spend. are we just going to print more money and give it to the europeans? how is that going to help. >> it's your opinion, but what advice do you give to some of your customers and the average person out there on how to protect themselves? >> i outlined a chapter in my latest book "america's coming bankruptcy" you get out of anything that the central banks are printing, particularly dollars. you buy gold, silver, look at some of the emerging economies. we have a huge financial crisis coming. it's not in our past it's in our future. and the downgrades in the banks,

this is just the beginning. it's going to get a lot worse. europe is simply a rekeurs of what is going to happen in the united states, that is the preview. the main show is going to be playing out here in the united states on this side of the atlantic and people had better be prepared for it. jenna: peter, you gave us a lot to think about today, that's for sure on a monday morning. thank you for joining us. we love having you and look forward to having you back. thank you. jon: and the silver lining there is what? jenna: we are looking for it still. again we should point out peter has very strong opinions and he's stuck by them for the last few years, you take them with a grain of salt and we see what happens. jon: new thoughts on the federal investigation into a series of intelligence leaks that critics say are putting americans in danger. bret baier stkwroeupbs us next with the latest from washington. hundreds on the run from intense fires. mass evacuation nasa couple of western states. can firefighters get control before it's too late? a live report straight ahead.

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so easy. yep. freestyle lite needs just a third the blood of onetouch ultra. really? so testing is one less thing i have to worry about today. great. call or click today and get strips and a meter free. test easy. jon: we've been talking a lot about the fallout from leaks, particularly the computer virus used to infect one of iran's nuclear plants and the open rigs that killed osama bin laden. there is now a justice department investigation into the source of those leaks, but some lawmakers want an independent probe. bret baier anchors special report and joins us now.

you have the possibility, the likelihood of the administration investigating itself. clearly that is not enough for some in congress, bret, who decides? >> reporter: right, i think the pressure will decide whether this is enough. the two u.s. attorneys who have been appointed by attorney general eric holder to look into the leak investigation, we'll see if that satisfies lawmakers on both sides of the aisle. you've already had senator john mccain coming out saying it's not enough, and there needs to be a special prosecutor, an independent person outside of the justice department. you had senator dianne feinstein, democrat from california, and congressman ruperberger, the two democrats on the intelligence committee, one the chairman woman on the senate side, the other the ranking member on the house side both saying last week that this is as bad a leak situation on national security issues as they've seen.

that is significant from democrats, saying that this needs to be looked into this further. jon: marvin calb told jenna this hour that these are the kind of leaks that go on in washington all the time. your take? >> reporter: sure it does happen, leaks happen. but this level of leak coming it seems as senator mccain said, from the highest level, because there were conversations that were talked about in those articles inside the oval office, about things that people did not really know about, maybe they knew, but they didn't talk about, the fact that the u.s. was behind the stutsnex virus going after iran's nuclear weapons. the fact that there were details about israeli efforts along those lines, the cyber weapons used gains iran, those are all things that the intelligence community were pretty upset that were in the public sphere, not only because of possible

retribution from iran but sources and methods that could be used by other people around the world. jon: and we didn't even mention the fact that it was disclosed that u.s. or possibly saudi intelligence had an al-qaida infiltrator who spilled the information about that potential upgraded underwear bomb plot, that was another one that has a lot of people concerned. is there the appetite in the capitol do you think for another special prosecutor? >> reporter: well, it depends on who you ask. this is one of these things that smarts out small and seems to gain sting, as we saw with operation fast and furious, what it has become now, as they are waiting as you saw congressman issa for this hearing on june 20th about concept for the attorney general. i think you're going to see on both sides of the aisle this concern over these leaks

increase. it is anee leaks year. when it comes to national security and details of this type the intelligence community is very firm in trying to go over and prevent some of this from happening. you've heard the president's response. what you didn't hear was that it didn't come from my administration, period. and i think those are the things that you're going to hear lawmakers on both sides of the aisle say they want to hear. jon: because it is a bi-partisan concern very much right now. bret baier, thank you. you can catch bret again, tune into "special reports," 6pm eastern on fox news channel this evening. jenna: a wildfire is burning out of control in colorado and new mexico. hundreds forced to leave their homes. a live update on what is happening there, next. opening arguments get underway in the sex-abuse trial of former penn state coach jerry sandusky. our legal panel weighs in straight ahead. having an irregular heartbeat called atrial fibrillation puts you at 5 times greater risk of stroke.

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least one person missing as raging wildfires force mass evacuation out west. in colorado the worst fire in larimar county in 25 years spreading fast towards fort collins. more than 500 people are in red cross shelters now. adam housley is keeping an eye on it live from denver, where i guess you can smell the smoke. >> reporter: it feels like an ashtray outside. you see the ashes coming down, you can smell the smoke, it looks like l.a. in august. it's true brownout there. we are about 40 or 50 miles away from where the fire is burning. the fire is affecting a lot of the areas down here. it began saturday morning they believe by a lightning strike, it has charred more than 37,000 acres. hundreds of people have been

evacuated. strugt yourself hav evacuated. structures have burned down and some homes. they can't give a number. the temperatures have dropped significantly from what they are over the weekend, the winds are down and humidity is up a tad. having said that it is still very dry here. there are extreme drought conditions in much of the west and this fire area is no different. it's burning about 15 miles or so just to the west of fort collins, apparently 31 square miles have burned in larimer county right now. there are six helicopters, five light planes. 16 aircraft are in the air fighting this fire and more are called for, and 400 crews working this fire on the ground. to the south a bit another major fire is burning in new mexico. that one started on friday, 40 square miles have burned there. they also had issues with wind over the weekend, in fact aupl the aircraft were grounded at a couple of different points over the weekend.

we are told the winds have died back down as well and the aircraft are back up trying to fight that fire. hundreds of people have been evacuated there, of course heavy smoke as well. you add that together the smoke is being seen in kansas, nebraska, and texas. it gives you an idea of how massive the fires are. again, jon, the west is extremely dry from the drought conditions. arizona has seen five fires. five major fires have burned so far here in colorado since the season began. we mentioned new mexico. the california season hasn't started yet. if you look behind me normally standing on this rooftop in downtown denver you'd be able to see the rocky mountains. early this morning when the sun came up the smoke had not yet come this way, you could see smoke in the distance. now all you see is brown across the sky. there are smoke alerts for a number of communities near fort collins telling people they should stay inside because the smoke is extremely heavy outside. ashes tpoulg here in downtow

falling here in downtown denver. jon: i know that country quite well. it's horrible to see that happening. jenna: the trial is starting for former penn state coach jerry sandusky. some accusations are so graphic we will not detail them here. he's charged with sexually abusing ten boys over the course of 15 years. he has consistently denied the allegations. joining us now former prosecutor jason freidman and defense attorney chip merlin. this is really an interesting case to look at as far as the exercise of justice and how the process is done. i'd like to start first with the jury. again, it's a local jury, and those that are sitting on the jury right now, some of them include a penn state ticket holder, a graduate of penn state, a senior at penn state, a current senior, a retired penn state professor, and a current dance instructor there. jason, i'm just sur just, ho

curious, how does this affect the case? >> it's interesting i really think the jury is how it should be that is representative of the community where this crime occurred and where it's being held. you have a nice, diverse jury in terms of gender make up. you have people who are working, people that are retired, a couple of students as you mentioned. you've got some people with children and grandchildren, some without. and i really think as it should be the jury is representative of the community. i think they did a good job of getting a nice cross section of people that are hopefully going to be fair and impartial and hear all the evidence. jenna: we should point out defense and prosecution get to approve of the people sitting as part of this panel. does this already set the grounds for an appeal before this case even begins? >> jenna, that is a great point. the defense did make a motion to have this transferred away from state college. the truth of the matter, this particular jury is a double-edged sword for the prosecution. the defense is going to try to show that jerry sandusky loved

penn state, and the fact that eight of the 12 jurors and two of the four alternates have ties to penn state, it's not just jerry sandusky but the possibility that the accusers are going to bring civil actions against penn state later, s. jenna: a lot of the details of this case have already been out there. they are just allegations at this time. sandusky is innocent until proven guilty. we are learning the names and more information about some of the victims. we will not share the names, by the way on the news, that is just a matter of policy that -- even alleged victims of sexual abuse we will not share the names. it was the judge's decision to make those victims come out in public. i want to read what the judge had to say in his ruling on this. he said there is no support in pennsylvania law for offering anonymity to an adult witness

because a witness is one of a class of victims of a particular form of crime. while i will make every effort to be sensitive to the nature of the alleged testimony once the trial begins the veil must be lifted. jason, what do you think of that ruling. >> i think it's the correct ruling. it's a very difficult area, he no question about it. the judge has to weigh some factors. i think he came down on the right side. trials are public proceedings. our system of justice we air in public and have our grievances heard in public. it's the fabric of our society. these victims are no longer children and you have to look at the policy in terms of who you're looking to protect here. mr. sandusky does have the right to face his accusers, and have them identified in court. jenna: you know, chip, they may be adults now but the prosecution as we're reading some of the opening arguments today is showing the pictures of them as children and giving the background story to the jury right away. as a defense attorney, how do you approach this. a case like this.

where there are so many alleged victims, and the jury is meeting them first as young boys, and then now as adults? >> well, the defense is going to have to attack the credibility. in sexual accusation cases the credibility of the accusor is the paramount of everything that goes on in a case like this. the problem for the defense is there is not just one accusor, there are multiple accusers that are now adults, and most of the time children have a very difficult time bringing these matters up. it's much more common that they bring them up as adults. that is what the prosecution is going to try to pin the case on, it's the quantity of the evidence while the defense is going to try to attack every sin he will one of these adults and they have a big burden to do so in this particular case. jenna: the trial is set to be about three weeks long. we'll have you both back to talk more about the strategy of this. thank you for coming in today. for more coverage on this case log into foxnews.com, jon.

jon: flood warnings stretching along the gulf coast as heavy rain drenches the south. you won't believe some of the amounts. we are seeing a veer floods in areas where all the water has no place to go, at least not fast enough. a live update from the severe weather center coming up. yoo-hoo. hello. it's water from the drinking fountain at the mall. [ male announcer ] great tasting tap water can come from any faucet anywhere. the brita bottle with the filter inside.

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drivers are being stranded. forcing hundreds from their homes in these areas. like you see pensacola, florida there. janice dean is live in our fox extreme weather center. jd you always say, don't go through the water. >> reporter: turn around. you don't want to cross over water. so many deaths are attributed to the fact that people are traveling over water, they can't see the bottom of. when you've got storm totals like this. over a foot in pensacola, florida, in actually several days, since saturday over 20 inches of rain in pensacola, florida, mobile nine inches for you, over nine inches for orange beach. alabama. we weren't even talking about a tropical system. this is incredible rainfall in a very short period of time. man, i wish we could donate to some of this rainfall to portions of the southwest where they are hurting and really need to see some of that rain with all the wildfires. we are looking at the potential

for severe weather today, not only along the gulf coast and the southeast where we saw the incredible storm totals, but we are also looking at the southern plains, the ozarks region. we could see the potential for hail and damaging winds and isolated tornadoes in this area. we have a thunderstorm watch posted for parts of southern missouri into northern arkansas until 4:00pm local time. in terms much water, more precipitation we'll get across the area that has seen so much rain over the last several days, not a lot, i mean we are going to see three to four inches but nothing to really precipitation the problem. things will start to recede eventually over the next several hours in those areas. severe threat again, widespread area stretching from central texas up towards oklahoma, arkansas, all the areas i mentioned. the tennessee river valley, large hail, damaging winds, yes isolated tornadoes. the threat not over yet, we could see some more thunderstorm

watches and even a tornado watch let's on in the afternoon. 99 in dallas, 101 and antonio, 89 in new orleans. again we are dealing with very warm, breezy dry conditions across the southwest, an area that i mean if we could donate that water that we saw in florida over the weekend i'm sure that they would, because they really need it out there. jenna: many a time we want to order the weather and we can't do it. >> reporter: i wish i could do it, you know i would. jenna: i know, jd. thank you very much. janice dean, thank you. jon: the white house doing some damage control, as republicans pounce on a remark by the president. mr. obama raised a lot of eyebrows tkraourg hi eyebrows during his news conference on friday. >> we created $4.3 million over the last 27 months, over 800,000, just this year alone.

the private sector is doing fine. where we're seeing weaknesses in our economy has to do with state and local government. jon: the political firestorm heating up over the weekend. republicans claim it shows the president is out of touch. it's getting a lot of coverage in the news media let's talk about it with jim pinkerton is a contributing editor and writer for the american conservative magazine. combalan colmes is host of the alan colmes radio show. alan i don't think the president had a tell louisiana prompter when he made that remark. >> you know he can't speak without a teleprompter. he meant to say because the corporations about $2 trillion in cash and their profits are back to pre recession lef levels, there is less problems than in the public sector. the real problems in the public sector where contrary to what mitt romney says, we need more

police, more fire and more teachers, more fire people, that is really the story that romney goes on about how obama is out of touch, because we need police, fire and teachers, as if that is a bad thing? that's really the story and what the media should be focusing on stphaot unemployment rate is going north not south, what do you make of the president's comments and the coverage? >> i think the president made an error which is why within a few hours of his first press conference on friday he had another statement talking about taking it all back. the entire weekend was spent explaining it away. i agree with that john mccain said on fox & friends this morning. he said look, how this story plays, in terms of whether it's a big story or small story depends on how the mainstream media reacts to it. on cnn yesterday howard kirst had a panel of one present former pbs producer and one former pbs producers, they all

poo-pooed it. they were doing their best to put in it context to say it's no big tkaoefpl the comparison between what obama said on friday and how they covered it, how the media reacted, i don't recall a lot of effort by the mainstream media to put that one in context. they were perfectly happy to let it stand as a symbol of bain capital and so on. jon: it's a remark that john mccain made when he was running against barack obama for president. on the day that lehman bros. filed for bankruptcy mr. mccain said this. >> you know that there's been tremendous turmoil in our financial markets in wall stre street, and people are frightened by these events. our economy i think still the fundamentals of our economy are strong but these are very, very difficult times. jon: he went onto explain, by

the fundamentals he meant the fundamental values of the american worker and so forth. but barack obama seized on that in that debate and said, which economy are you thinking about? why can't mitt romney say the same thing in. >> this is not the same thing. the president didn't say the economy is doing great, the president said, the private sector is really doing fairly well, given what he talked about. jon: why aren't they hiring? >> they are not hiring because the corporations are sit on the profitsment that's what the problem is. putting tax breakgiving tax rates and putting money in the hands of the rich doesn't work. trickle down economics doesn't work here. >> they said i blame big corporate america for not hiring people that would have been a stronger argument explaining away tense of millions of unemployed as opposed to what he

said, things are going fine. alan, you should be speaking for the president, not him. >> thank you for the job offer. jon: good to have you on on this monday. be sure to catch fox news watch on saturday, 2:30 p.m. eastern time. we cover the coverage right here on fox news channel. jenna: it is a tough job market so alan is getting job offers right and left right there, right. jon: he could moonlight. jenna: there you go. there is new fears syria's stockpile of weapons of mass destruction may fall into the wrong hands. what is that stockpile like and who is it potentially affecting our choice not to intervene directly in that country? we have answers straight ahead on that. crunch time for roger clemens, the defense now resting in his perjury trial. we'll take a look at the case up ahead. 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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jenna: we are going to turn to the situation in syria now. there are new fears that syria's arsenal of weapons of mass

destruction is something that really is preventing us in one way or the other from getting involved in that country. the bashar al-assad regime is believed to have one of the largest stockpiles of anthrax, mustard gas and other weapons. there are no reports that we know of of the government using these weapons in the uprising. david schenker is the director of the program of near east policy, he's a former middle east adviser to defense secretary donald rumsfeld. david, nice to have you back with us today. we mentioned there is no report that we know of of anthrax being used. you've heard of other reports inside the country of what the regime is doing, can you tell us about that? >> we've heard a few reports about phosphorus which is a lighting element used by troops to light areas of operation. you fire it into the air and it

stays, i wil illuminates the area. it falls and it burns the areas. it is essentially like napon. it stays on the skin and is a burning agent. jenna: can you give us some context of what exactly we are talking about here? >> listen, there are about 40 or societies around the country where there are believed to be held chemical weapons, as you said, mustard gas, or vx or some other types of anthrax, et cetera, chemical and biological agents that have been weapon niced. these are dispersed throughout the country, and under the guard of crack syrian troops that are loyal to bashar al-assad, and they are dispersed. the question is what happens if the units are overrun by

divisions orbital kwropb division divisions of the free syrian army. jenna: let me talk to you about that. we've said this and we often say this and we said in it like yeah, what happens if these weapons fall into the wrong hands? aren't they in the wrong hands already if they are under the control of the syrian government? >> absolutely. i think that this is a government that is -- has proven to be brutal, not respect any conventions, human rights, et cetera. they are not to be trusted with chemical or biological weapons. jenna: how do you think that figures in, or does it at all in our policy with syria at this time, and whether or not we are going to get more involved, whatever that may look like? >> well, listen, if you don't get involved the fear is that these are going to fall into the wrong hands, that the sites will be overrun, perhaps in lawless areas that al-qaida could

somehow get their hands-on them and there could be leakage to people we don't want to see. we should try and end this conflict as quickly as possible by supporting the rebels who will be more responsible, hopefully with these weapons of mass destruction, but the longer this goes on the more chance there is for these to fallout. at present it's not driving the administration to go more quickly. i think that they are sitting, wringing their hands wondering, what should we do this about. meanwhile, though, there is instability in syria and more chance these are going to leak out. jenna: it gives us another point to consider while we continue to cover this story as it develops. david, nice to have you as always. thank you so much. >> thank you. jon: the defense has rested in the roger clemens perjury trial, the second trial for the all-star pitcher. how will this one end? wake up! that's good morning, veggie style.

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jenna: breaking news from a courtroom in washington. the defense in the roger clemens perjury trial regs its case today. the pitcher is accused of lying to congress about using performance-enhancing drugs. gregg jarrett as more on this. >> reporter: considering the charges it's been an incredibly long trial for roger the rocket clemens. the defense ended its case today. closing arguments scheduled for tomorrow. the defense saved their best witness for the very last, his wife who took the witness stand to portray the prosecution's star witness, brian mci mcnamee, his former trainer as a liar. he said he personally injected clemens with performance-enhancing drugs and said he also injected clemens wife, she vehemently denied it in front of the jury. it's tough for the prosecution tow prove and their mistakes

caused a mistrial early on. before the second trial the attorney general eric holder insisted this prosecution is merited. >> the charges there are serious ones, it's about testifying falsely before congress. on that basis i think it was a justified use of our resources to bring the case. >> reporter: well in truth it never had to happen. it was clemens at the behest of his attorney who insisted on testifying before congress, even though members of congress told him, don't do it. don't testify. clemens and harden also spoke out publicly on television, of course, which is what got clemens in trouble to begin w. you might say he learned from that lesson, because in front of the jury he clammed up an invoked his right not to testify. jenna. jenna: gregg, thank you. jon: we are waiting for reaction from the white house to those breaking developments in the investigation of the botched gun running sting operation fast and furious. a house panel scheduling a vote on whether to hold attorney

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making it ea to keep things at home... just the way you want them. new tidy cats with odor erasers. jenna: well, it was a big event out on the west coast this weekend, and we had to give a shout out to all the folks who completed this race. wait until you hear about it. it's called escape from alcatraz. the race starts with a swim, that's right, from alcatraz. the island still houses the notorious former prison. of course, there's no one inside it, but you've got someone to run from. jon: yes, you do, the chilly water, right? jenna: it is cold, very cold. it's a mile and a half swim, very challenging conditions, very choppy water. then you have an 18-mile bike ride and an 8-mile run. and it's hilly in san francisco. you've got to remind folks of that. the event is so popular, they have to hold a lottery. so many people want to do this. 3,000 people sign up -- 8,000

people sign up, but only about 2,000 can compete. jon: people want to do that? jenna: they want to do that. jon: they should make them do it in prison stripes. [laughter] jenna: well, a lot of them wear the hoodies in the water because it's so cold out there. one of the wires that was talking about this race describe it as just a mile-and-a-half in the water, that's a long, long time in the water, a mile -- jon: long way to swim. and a lot of currents. jenna: and there's sometimes shark sightings, just saying. jon: congratlations to all of those who took part. jenna: thanks for joining us, everybody. jon: "america live" starts right now. megyn: fox news alert on new details regarding a historic vote as congress takes the very first first steps toward holding the attorney general in contempt. welcome to "america live," everyone, i'm megyn kelly. after months of back and forth between