>> we slept together last night. >> oh! >> what? oh, my goodness! >> in preparation for the show. >> it's a family show, people. all right. >> all right. we'll have to leave it here. >> no, no. we want to hear the end of that. >> we want to get out of it, right? a little uncomfortsable here. "fox & friends" takes it away. >> not uncomfortable at all! that's what makes "fox & friends." right? i have no idea what he said or who he slept with. good morning, everyone. it's friday, june 29th. i'm gretchen carlson. thanks so much for sharing your time on an important news day today. supreme court obamacare diagnosis is here. and the government calls the shots on your health. we'll break down the numbers and what it means for you. >> and it's never been done before. eric holder is now the first sitting cabinet member to be held in contempt of congress. civil and criminal. but we still don't have some answers to what is next. the mother of slain border agent brian terry speaking out in

moments. >> and this man told everyone he was a military hero but he was just a big fat liar. is that legal? the supreme court ruling you didn't hear about. >> that's right. >> but you're about to. "fox & friends" starts as soon as pat benatar wakes up. >> i love fridays in the summer. there's our stage outside. we just had a cloud burst. >> brent musburger. you are looking live! >> today, we're going to have pat benetar with us. she did so many songs that became anthems of the 1980's. she's not there right now but she will be today in our big tent. >> you did some lyrics earlier.

i was very impressed. you didn't google those or anything. >> no, i used crew many they lived during the movies. they were in their prime. >> i was still in -- >> let's be truthful. >> grammar school. >> yeah, right. >> thank you. i'm twittering right now. i'm not distracted because i want everyone to write in their favorite one line from the pat benetar song. >> you gave two options at 5:48 a.m. which was "heartbreaker, dream maker, don't you mess around with me." >> you're trying to read my handwriting. >> yes. >> that is true. >> that is one of the anthems. running with the shadows of the night. take my hand, it will be all right. >> fantastic. >> and that is -- that's -- no. love is a battlefield is mine. because i had stormy romances as a child. anyway, we have pat benetar and her husband. we'll have a geraldo and geraldo on today's program. >> i think they were a good

deem. let's give pat some credit. >> pat is the singer. i will say this, didn't he write the songs? >> they were a great team, i think that was a good way to put it. >> let's leave it at that. let's get to your headlines as well. attorney general eric holder is now the first sitting cabinet member ever to be held in contempt of congress. the republican-controlled house handing him a criminal citation and civil citation. all over the botched fast & furious operation in which border patrol agent brian terry was killed, the terry family responded to the news. >> what happened today was very, very good and i was happy about it and i think it's a step forward to get justice for my son. >> so far, the attorney general is dismissing the contempt citations as purely political. now congress must wait for a u.s. attorney who works for holder to move forward with the citations. deadly shooting at north carolina's ft. bragg. he shot and killed a battalion commander and then turned the gun on himself.

that soldier is in serious condition and in police custody. the shooting happened during a safety briefing and a third soldier was also hurt. the soldiers were assigned to the 525th battlefield surveillance brigade. the motive for the attack is unclear at this hour. massive waldo canyon fire raging for nearly a week now in colorado has claimed its first victim. the body has been found in a burned-out home in colorado springs, the victim's name is not released. 346 homes have been destroyed this week alone making it the state's most destructive fire on record. president obama has declared it a disaster which releases federal funds to the hardest hit areas. he will be visiting colorado today. serving in the military? that's protected by free speech. by a vote of 6-3, the supreme court ruled that the stolen valor act that made it a crime to falsely claim military honors is unconstitutional. case focused on xavier alvarez, former elected official in

california that lied about winning the medal of honor, the nation's highest military decoration. at his first public meeting, he said he was a retired marine that had been wunounded many times. >> 24 hours ago, we told you four hours from now we'll know whether or not obamacare is constitutional or not. we know now it is constitutional. it's interesting, though, we thought yesterday at this time that it was going to be justice kennedy who will be the swing vote. as it turned out, it was the chief justice john roberts who sided with the liberal wing of the supreme court. >> and it was anthony kennedy who wrote a very, very angry, scathing i would say is a better word rebuttal to the entire -- the sense of the entire operation. pam bondy has worked extremely hard to get yesterday to happen. she brought it forward as attorney general in florida and pam, you join us right now. >> good morning. >> thanks so much for joining us and saw you last night on "hannity", too. thought about you guys right

away. you did the hard work to get it to the supreme court. did you ever think this would be the scenario? >> never! i can tell you, along with 25 other states in the national federation of independent business, we all join forces. never did we think, any of us, you had every possible scenario in your mind as to what the court could do. this -- it would be upheld under the taxing power, was never, ever, ever a question for any of us. >> it was really sobering day for all of us. >> and confusing. and confusing because at first, i thought maybe the mandate had been thrown out but in fact, it had been along the commerce clause but seen as a tax. let's take a look at what it's going to mean for the people watching us this morning. this is the tax for want buying health insurance when obamacare kicks in in 2014. as an adult, you'll pay $95. by 2016, you'll pay $695, a family would be $285 initially in 2014 and then $2085. does that not do exactly what the president promised it would

not which is tax the middle class? >> didn't you hear him say about 100 times this is not a tax? this is not a tax. this is an over $4 billion tax is what this is, american people. that's what the president has done. so that's all this is. this is a huge tax increase and now we have the supreme court who tossed it right back in the political arena and that's where we are right now. they even made political statements about we'll kick these people out of office, basically is what the opinions said. >> with this particular tax, remember, the way it was described by the democrats is we're going to force everybody to buy insurance and if you don't, you'll pay a penalty because justice roberts said wait a minute, it's not a penalty because under the commerce clause we can't compel you to buy something. so instead it's a tax. he rewrote it to make it legal. so in other words, now you'll have to pay a tax for something you don't do. if you don't buy it, you have to pay a tax. what is this, russia?

>> i'm scared we're becoming socialists frankly and the only good thing about the opinion, of course, was the limiting power of the commerce clause because that really scared us to death because if they could do that, they could do anything under the commerce clause. meaning the federal government. they could force us by sitting here to do anything. that's a silver lining and they limited the medicaid expansion. >> let me ask you this question, you're an attorney and you're the attorney general of the state of florida. some people are making the claim that political correctness could have gotten to the chief justice of the united states supreme court. where do you fall on that as a lawyer? >> you know, as an attorney, as a chief legal officer for florida, i'm always going to hold the united states supreme court in the highest regard. no matter what. we have to because no matter how messed up we are right now, we have the best system of justice in the country. >> i have to ask you this. state by state, you are not going to be forced if you don't do this thing with medicaid, you

won't be penalized. can any governor who doesn't agree with this law, could they not comply with the medicaid mandate which would mean there would be no pool of the uninsured to draw from? >> yes, yes. we're not forced to comply with it. it was coercion. one of the questions asked, in fact, during the hearings that i was in, that one of the justices asked, if we put -- if you put a gun to my head and say your money or your life and you choose your life. that's not coercion? and that's basically what they were saying. hey, florida, if you don't participate in this, we're going to pull every penny of your medicaid funding which is -- >> they cannot do that any longer. >> that was a positive. >> one other positive is if you got to look on the bright side is the court, 24 hours ago we said, was in danger of looking political. it does not look political today. >> well. >> it depends on how you look at it. >> it depends on how you look at it. >> john robertse thought was going to side with the conservative side, he did not. attorney general in florida, thank you very much for dropping by. real pleasure. >> thanks for having me.

>> see you in a little while. >> history in the making, attorney general eric holder the first sitting cabinet member ever to be held in contempt of congress. these democrats didn't think it was important enough to stick around for the vote. >> then, we're moments away from liftoff, delta 4 rocket about to lift off. we'll bring it to you live. >> is that in florida? is that one of yours? yes, it is! yes! [ buzz ] off to work! did you know honey nut cheerios is america's favorite cereal? oh, you're good! hey, did you know that honey nut cheerios is... oh you too! ooh, hey america's favorite cereais... honey nut cheerios ok then off to iceland!

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and a single pool of shareable data that powers up to 10 devices. the first plan of its kind. share everything. only from verizon. i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve pain, stiffness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever,

bruising, bleeding, or paleness. [ phil ] get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists. >> fox news alert now. and look at this, the dealt why four heavy rocket launching -- heavy rocket launching from cape canaveral florida at any moment. the launch was originally scheduled to yesterday. thanks to tropical storm debby it was pushed back to today. the united launch alliance is carrying a security payload for the national reconnaissance office. let's listen.

>> all right, we're listening to something. i imagine we'll eventually hear the roar of the engine. thanks, steve. that's definitely the delta four rocket. if you can take a shot of me, i'm juggling now. that's it. we're listening. and the discipline that crew is showing in the master control as well by not talking is kind of an interesting decision for them to make. >> all right. we'll take a fire at 3333 and pan eight. for land conservation and extended recycle. >> should be a minute. they're telling me we'll check back in later but no, i'm going to sit here. i'm only kidding. take it away. >> ok, thank you very much. after a historic vote yesterday, the house of representatives charging attorney general eric holder with contempt of congress. here's the attorney general's

response after that vote. >> today's vote is the regrettable culmination of what became a misguided and politically motivated investigation during an election year. by advancing it over the past year and a half, congressman issa and others have focused on politics over public safety. >> so what happens now? joining me is a member of the house oversight and government reform committee, congressman joe walsh. good morning to you. >> good morning to you. >> thank you so much for getting up bright and early. you hear the attorney general say this was all a political witch hunt. what's your response back? >> he ought to be ashamed of himself. i mean, think about this. here's the chief law enforcement officer in this country who is telling the american people he's above the law. gretchen, if you and i were subpoenaed, we'd have to turn over documents or we'd be thrown into jail. we have a -- we have a dead

border control agent named brian terry. we have over 200 dead mexicans because of something our government did and 18 months later, we still don't have answers. >> so where does it go from here, congressman? because now you have this overwhelming vote for contempt of congress but what does that mean? >> well, we have two votes for contempt yesterday. one criminal, one civil. i think the hope is that a u.s. attorney in d.c. will pick up this case but the fear is that he may not and if that's the case, our only recourse is to go to federal court civilly, again, to get a hold of these documents so we can get the answers as to who knew what when, why brian terry was killed. that's all we're trying to do and the -- the attorney general eric holder is just basically stonewalling and playing politics. >> but the president himself

said that it was executive privilege. does that prevail in court? >> that opens -- that opens up more questions than answers. that either tells us that the president of the united states knew something about fast & furious, communicated with top aides about fast & furious or he's using executive privilege to purposely interfere with an investigation. gretchen, it makes no sense for months, eric holder and president obama have told us they knew nothing about fast & furious. i keep coming back to this -- this is a search for answers as to why brian terry and 200 -- over 200 mexicans were killed based on a u.s. government program and for some reason, eric holder doesn't want to cooperate in this investigation. >> so are we to expect, congressman, that we won't see anymore hearings led by congressman darrell issa, then, because this is going to move on potentially to the courts?

>> i can tell you as a member of chairman issa's committee, we'll continue to pursue this even around this contempt charge and again, the hope is that the u.s. attorney in d.c. will pick this up. if not, that a federal court, a federal judge will pick it up and force eric holder to provide these documents so we can get answers. may take some time but my god, for the terry family, it's well worth it. >> congressman joe walsh, republican from illinois and member of the house oversight and government reform committee looking into. this thanks much for your time. >> great to be with you. >> she came to america to pursue the american dream and she did. and then suddenly her life cut down by an illegal immigrant. how her death could have been prevented. and remember when president obama said his health care plan was not a tax when he was trying to convince the american public that it was a good idea. >> for us to say that you've got to take a responsibility to get health insurance is

absolutely not a tax increase. >> how ironic that the supreme court now says that it actually was a tax? stu varney says get ready for massive tax increases and he's here with the list coming up next. [music] see life in the best light. transitions® lenses automatically fier just the right amount of light. so you see everything the way it's meant to be seen.

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>> 22 minutes after the top of the hour. stockton, california, officially filing for chapter 9 bankruptcy protection. officials couldn't restructure a deal for debt mismanagement and the housing market crash and the man who shot and killed trayvon

martin could walk free again today? george zimmerman will go before the same judge that a few weeks ago threw him back in jail for allegedly lying about his finances. zimmerman asking to be released on bond. his attorney says he's not a threat to the public. guys? >> president obama promised that his health care law was not a tax increase when selling it to the american people but the supreme court yesterday disagreed. here's what florida senator marco rubio said after the ruling. >> here's what this means. it is now unlawful for you not to buy health insurance and if you don't buy it, you have an i.r.s. problem. if you do not buy health insurance, the i.r.s. is going to be on your back and chasing you. they're going to take away your refund. they're going to increase your fees. they're going to come after you. this is what it now means for millions of americans is you don't have to buy health insurance but if you don't, you're out of compliance and you have an i.r.s. problem and somehow the obama administration think that's a victory. >> all right. but the mandate is not the only

new tax that will be taking more of your money. stuart varney is here. so stuart, center rubio -- senator rubio on the money? >> yes, he absolutely is. watch out, this is a different taxamageddon. thought the supreme court would take care of it. not so. the supreme court oks it. i'm going to read you a partial list of all the new taxes that are coming down the pike because obamacare has been saved by the supreme court. ok, if you fail to buy insurance, you pay a tax. if a company fails to offer insurance, it pays a tax. there's a new and higher tax on investment income. there's a new tax on a cadillac plan, a generous health care plan. there's a new medicare tax, it goes up. h.s.a.'s and f.h.a.'s, flexible health accounts, they're restricted. medical devices, granny's new hip, new tax on that. there's a lower tax deduction for your medical expenses. charitable hospitals, $50,000 per year each if they don't meet

community standards. there's an -- >> how long is this list? >> there's an innovative drug company, that's biotech companies, they'll pay $2.4 billion collectively every year and that goes up. >> the innovateors. >> all health insurance companies will pay a tax and there's a black liquor tax that is an offshoot of the paper making process. it's wood pulp and used for biofuel. there's a tax on it. >> that's fantastic. >> that's a partial list. >> some of them impact people who are at the higher end of the economic strata but there are 12 taxes who are going to impact people who make less than $250,000 and a lot of these taxes will hit people in the middle class and a lot of these taxes will kick in at about the time that the bush tax cuts expire. >> tax armageddon is what's coming down at the pike for you. just as the economy slows, we'll be hit with a whole slew of new taxes. obamacare is wealth

redistribution writ large. from this group to that group using the government as the middle man. it's a vast expansion of government in the health care industry. >> and wall street has already responded, instantly hospital stocks went up. medical device stocks went down. and -- >> health insurers went down. >> health insurers went down so they're immediately responding to the verdict. >> that's true. but the real impact is in the overall economy. when you've got a series of tax increases like the one i just read out and that's a partial list, you hit the economy with that at precisely the moment when it's weakening, you will end up with higher unemployment and a bigger deficit. >> why aren't doctors happy? >> doctors don't seem happy about this at all because i don't think their rate is going up and we already need more doctors. >> are they going to get paid to treat the new 30 million new medicaid patients? >> it doesn't please them. >> does not please them. doesn't meet their costs. they're not happy with this. >> the rates keep going down and down. however, even though you've got

all that that you depicted right there. there's a possibility that if mitt romney becomes president of the united states since it is now a tax, he could stop collecting it as president. >> yeah, we need to know how if mitt romney wins and if the republicans take the senate, how will they get rid of obamacare in its entirety? that's not been spelled out yet. >> unwinding it would be tough. great job on the live breaking news as you covered on the fox business news. >> thank you very much. >> we're watching today at 9:20 eastern time. time to live up to yesterday's standard. >> if you don't mind! >> why do we have to watch them then? we're watching right now. >> a long story. he wants ratings on his show, too. he doesn't want to just give us ratings? >> all right, have a nice weekend. >> thank you. >> straight ahead, mitt romney picking up serious cash after the ruling but some say it's time for republicans to give the fight. your e-mails are next. >> then a top draft pick and an american hero. his rock star welcome into the nba. look at that. chanting u.s.a.!

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>> did you see president obama's reaction to the supreme court ruling? you know, it's interesting. he didn't want to gloat but if you watch his body language closely, you can see he was feeling pretty good about it. here he is today. >> ♪ party rocking in the house tonight ♪ ♪ everybody is having a good time ♪ ♪ make you lose your mind ♪ stop >> i figured he's feeling pretty good about it. >> there will be no spiking of the football but end zone dance, maybe. >> he probably had those moves. remember when we heard him sing. he had a good voice. >> we've seen him dance on "ellen." >> i'll tell you the truth, he is very -- he can sing, he can dance. two things i can't. real quick, we're getting a lot

-- shawn is urging me not to read them outline but we're getting a lot of lines from the pat benatar songs that i knew the melody but i didn't know the lyrics. >> she's the big entertainer today. >> right. if you're with 100 miles, you can get here in time. she starts playing shortly. >> yeah, we've been getting a lot of them, of people sending them in. i think a lot of her lyrics are memorable. a lot of them. >> we just saw the president of the united states doing that end zone dance. not really. that was tv magic. but as soon as the health care decision came down where the supreme court ruled it is constitutional, maybe not good law but it is constitutional, mitt romney's phone started ringing off the wall. $3.2 million donated by over 30,000 people because let's -- you know, stewart stevens, the chief strategist for romney said yesterday it's clear right now, if you want to get rid of obamacare, there's only one way to do it. you have to beat obama and elect

romney. >> remember, there would be no tea party movement without obamacare. and this is a stark difference. for those people who say i'm not too sure about mitt romney, they have to be sure. if you want to be on the sidelines. >> last stand. even the chief justice surprisingly in his opinion got political and said that the only way to basically overturn this law was up to the voters. i mean, that was one -- to me, one of the biggest headlines of this entire finding yesterday. charles krauthammer also had some thoughts on this. >> that's, of course, absurd. the law hasn't even taken effect. how can you abandon an argument about a law that's about to impact everybody's life? so i think it's a very strong republican argument. it isn't only that it's going to raise your taxes. it's the bigger, the larger argument about obama expanding government, expanding the debt, expanding spending in a way that's unconscionable to a lot of americans. elections are about the future and not the past. romney says i'll abolish it on day one.

that's still a very strong argument. >> plus one of the other things that the supreme court said if you're just getting up today is the fact that that so-called penalty or fee if you didn't buy insurance is actually a tax. and when that goes into effect, that means president obama will be breaking a 2008 campaign promise, he said no taxes on the middle class. it would be a jigigantic tax on the middle class. >> another huge headline being lost in this ruling is the four conservative justices would have thrown out all of obamacareing today. four would have said bye-bye to the whole thing, not just the mandate but all of obamacare, that makes chief roberts' decision all that more compelling. >> justice scalia was crushed yesterday. he looked really angry and discontent. i have to get you some e-mails now. lewis from florida says so much for being able to keep my insurance. my employer notified us that we'll have to get insurance through the affordable care act now that we have to take this

insurance which we really don't want, i feel like we have been lied to. >> meanwhile, barbara on the e-mail machine from maine, whether or not it was judge roberts' intention, i do believe he has pushed this election in romney's direction by calling this health care mandate what it is. a tax. that's right. obamacare has become obama tax. >> all right. now at 24 minutes before the top of the hour, the headlines are coming your way. wikileaks founder julian assange being ordered to surrender at this hour. if he does not show up, he'll be in breach of his bail and subject to arrest. he's seeking asylum at the ecuadorian embassy in an attempt to avoid extradition to sweden in a sexual assault case. follow that. >> and how did this slip through the cracks? 64-year-old sarah escadaro killed in a car accident in massachusetts by an illegal immigrant. even more troubling, though, the driver had the car registered in her own name. motor vehicles, apparently, not required to check whether

somebody has a license or is the citizen to get place in massachusetts. >> another green energy company going under after getting millions from the obama administration. abound solar got a $400 million loan guarantee in 2010 and received about $70 million from the energy department. the solar panel maker now announcing it will suspend operations next week. officials say they could not compete with chinese products. that's the same reason given by solyndra that closed its doors after getting $535 million from the same program. >> a lieutenant loses his cool about passengers who are angry about a five hour delay at laguardia airport and it's all caught on camera. >> i don't want to hear anything. we will not get anything once we close the door. >> "new york post" got its hands on the cell phone video from inside the american eagle flight. that flight attendant is daring people to get off the plane. some passengers then refused to

take off with him on board. cops removed him for questioning. the flight eventually canceled seven hours after it was supposed to take off. >> oh, man! meanwhile, let's take a look at the weather and find out where the planes are taking off and not taking off. it looks like we've got a rumble of thunder and some heavy stuff currently as you can see portions of nebraska down through kansas, by the way, brian is going to be talking to those three brothers from kansas later on today, the ones that have that crazy viral video up. meanwhile, some widely scattered showers as well in portions of new england. otherwise, the balance of the country is nice and dry and preparing to get hot. currently, we've got 81 in memphis. about the same for dallas. temperatures in the mid to upper 80's across portions of the plain states right now. but later on today, look at these numbers. it's going to be 104 in raleigh. 105 in atlanta and memphis. 112 today in phoenix. from the people in the east, we're going to dial in some

humidity down in washington, d.c. today. it's going to feel like it is 105 degrees. stay cool. stay inside. watch tv. watch soccer. >> exactly. >> my son was into this, brian, yesterday. he's only 7. >> yeah, you talk about the semifinals now. italy now on its way to the euro finals. watch this, setting up mario palateli, this guy is 21 years old. check his papers. a beatable goal. up 1-0 against germany. moments later, the 21-year-old would not be done with the interesting hair style. the header into the back of the net. 2-1 italy. the first final since 2000. they'll face spain to see who wins it all. there was a team in disarray before. basketball now, first pick of the nba draft is no surprise! >> with the first pick in the 2012 nba draft, the new orleans hornets select anthony davis! >> my owner, brand new star. anthony davis was the college

basketball player of the year and the most outstanding player of the final four for kentucky. also picked second overall. bob cats pick michael kidd gilcrist also from kentucky. first time the same school has the top two picks. but here's the big story. patriotism out in full force at the draft. >> u.s.a.! u.s.a.! u.s.a.! >> that's awesome. bernard james served three terms in iraq with the air force before going to florida state. cleveland taking james with the 33rd pick but was then traded over to dallas and the crowd loved him. >> quick look at what's happening in the world of sports. and it just reminds me to put another notch in my lipstick case. getting a lot of people -- >> where is your -- i hope you're quoting pat benatar. and you don't actually use lipstick? >> right, i'm not saying that. i am concerned about one of my

crew members. >> i was going to ask you to borrow it. >> if you have a pat benatar line that's affected your life, please twitter us. you can do it directly at kilmeade or sdoocy or at "fox & friends." >> meanwhile, 20 minutes before the top of the hour. coming up next on the rundown, a new injection that could keep you alive even when you're not breathing. you need to hear about this. >> we've been telling you about the controversial decision by conservative chief justice john roberts. so some people asking -- what the heck is he thinking? judge andrew napolitano with his ruling next. >> he's our chief justice. >> look who's over his shoulder. ♪

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♪ ♪ [ man ] excuse me miss. [ gasps ] this fiber one 90 calorie brownie has all the moist, chewy, deliciousness you desire. mmmm. thanks. at 90 calories, the brownie of your dreams is now deliciously real. >> chief justice john roberts making a controversial decision yesterday. upholding the affordable care act and specifically the individual mandate as

constitutional. roberts ruled that obamacare is a tax and therefore falls under the authority of the congress so is this the right decision under that line of thinking? joining us right now, senior judicial analyst very busy guy, judge andrew napolitano just back from d.c. did he make the right decision yesterday? the sensible decision? >> i don't think he made the right decision. i don't think he made the sensible decision. i don't think he made the constitutional decision but basically what he said was the congress can't force you to do anything but it can tax you if you don't do it. now, the practical effect is the same. so he's basically unleashed the taxing power of the congress by saying congress' ability to regulate you, to tell you you have to eat broccoli so that you won't get sick and your health bills will be low but it can tax you if you don't eat broccoli. the practical effect is the same. >> here's one thing i don't understand. i understand people who listen to the arguments almost every minute of it, said they barely brought up anything about a tax. so when you go ahead and put together an argument and the judge says to you, i got a

better argument for you so you can win your case. is it possible? >> it's possible and it's wrong. and the dissenters point out effectively that the chief just iz and the four liberal justices rewrote the statute because the president said it wasn't a tax. the democrats who voted for it said it wasn't a tax. the statute itself said it wasn't a tax. it's a fine. it emanated in the house ways and means committee, house of representatives and makes its way to the senate. this thing started in the senate and made its way to the house. first time any serious assertion was made that this is a tax was yesterday. >> could it be that he doesn't want to see this case again? so he nldz the political climate of the day? and says to himself, i want to make it a tax and let the american people decide in november if they want to kick it -- if they want they want to keep it. >> you know, i agree entirely with charles krauthammer. this is a gift for mitt romney. because viewing this as a tax makes it even less popular than it is. it defies the president's original statements that i'm

never going to raise taxes, not a nickel on anybody that makes less than $250,000 a year. could the chief justice have anticipated all this? i don't know. but that's the way it's being played out this morning. >> you know these guys, some personally. >> yes. >> tell me about anthony kennedy, how he could be so -- be so disdainful of this decision in his dissent. when he's usually the guy -- something about the job of chief justice change john roberts? >> well, brian, something about putting a black robe on everybody can change life for anybody. as i know. i didn't sit on that court. justice condition i did who probably signed the dissent. it seems like it's his writing refers to the argument as feeble. refers to the argument, the majority opinion as feeble, says the majority opinion basically rewrote the statute. and uses the word "never" in italics five times. we have never done this before.

we have never converted a fine into a tax. we've never said that the statute is the opposite of what congress said it is. it makes you think what was the majority thinking when they did this. >> the other four if they had their way the whole thing is gone. >> can i tell you who is the victor here? governor chris christie. he said the legislature in the state of new jersey, i'm not going to enact this health care exchange until the supreme court rules. the one good thing that the supreme court rule did is the feds can't force the states to establish these state insurance exchanges. >> you'll be on every 20 minutes for the next 50 hours. >> it seems like it's been that way for the past 50 hours. >> everybody needs a break. >> the italians are going to win. the whole world knows you're half italian. >> i'll go the italian people. with ireland out, i have no choice. thank you very much. >> all right, judge. thanks a lot. meanwhile, let's go back now to the delta four heavy rocket. it's about to blast off from

cape canaveral, florida sending up a spy satellite for the air force, don't say anything. it was supposed to launch earlier this morning, aunz, but w you know, but was delayed after the alarm went off saying the batteries didn't have the right amount of power. let's listen together. hoping not to hear silence. right now, with being unable to mike the steam coming out of the rocket, it's up to me to bring you through it. >> vehicle transfer is complete. >> roger. >> high speed cameras normal. >> this is delta mission control standing by. again, we had to hold 3:17 in the countdown, hold was called on channel 1, no indication what the parameter was that caused

the hold to be called. we're continuing to standby and listen as it's worked. hopefully it will get resolved shortly. it did indicate that our opportunity to reschedule t-0 would occur no earlier than 11:15 zulu or 7:15 eastern time. we'll continue to stand by with the launch plan for no sooner than 7:15 a.m. eastern time. >> launch enable, disable. >> you know, my years -- my years studying astronomy and rocket technology let me think it's going to be 25 minutes until we actually see this launch. i think there's going to be another delay. my second delay. and with me right now, my rocket calling commentator, steve doocy. steve, we've been through this before. so many launches when we're together in space and setting the speed record. what does this remind you of? >> just remember that one time we had to fill for 75 minutes. >> yeah, that was it. >> this is not going to happen this time. >> right. >> we're going to come back to

the delta rocket at 7:15 eastern time and i'm not going to sho r shower. i'm not going to change. i'm going to sit right here. >> fantastic. thank you, brian. meantime, 10 minutes before the top of the hour. with so many americans suffering from economic hardship, it's no wonder that 77% of americans say they're dissatisfied with the way things are going in this kun country. our next guest says there are seven easy steps to overcome what we're facing. the best selling author of the good wink series. his newest book called "divine alignment" expands on that successful series and joins us live. good morning to you. >> good morning. >> very nice to see you! >> do you want to start with the comment on the rocket? >> oh, well, listen, we are faced with all kinds of uncertainty today, aren't we? >> we are. >> when your first book came out, "god winks", i love that -- you talked about, you had a bunch of stories about the coincidences in our lives that are actually little winks we're getting from god. >> yes. well, god winks like those

little sign posts along your path when you're feeling uncertain like today and they are sign posts of hope. but divine alignment takes the idea to a broader level and it shows how we are all interconnected by invisible threads. god wink by god wink on this incredible g.p. s., god's positioning system. >> so you take -- >> g.p.s. that's good. i like that a lot. you look at these little -- the coincidences that go in a row and you line them up and that's the divine alignment that leads you to wherever we're going. >> yes, think about all the unbelievable god winks that brought you where you are right today. the people that fell into place, the events, the people you bumped into. you were divinely aligned to place you right here. >> this is my lucky day, then, and i would talk to you. it's another coincidence. you got some points on how to reach our full potential and we'd like it if you would expand on them a little bit. first of all, speak with the navigator. what's that mean? >> if you're going to program your g.p.s. and i believe that

we have a built-in g.p.s., then what you need to do is talk to the navigator and the more you talk to the navigator, the closer you're going to get to understanding what he wants with your life. >> you're saying that you should pray. >> absolutely. >> yeah. >> what about mapping your destination? >> well, if you don't know where you're going, any path will take you there. and therefore, you need to have a destination that you believe is what your destiny is. >> so many people don't know where they're going. they get up in the morning and know i have to get the kids to school, i have to go to work. i have to finish date and i'll think about tomorrow and they don't have an eye on the prize, do they? >> no, they don't. it's very important for us to really understand. to think about where we need to be going? and you can't sit by the side of the road waiting for your destiny to come to you. you have to get off your baggage and head for what you believe to be your destiny and when you do,

god winks will be there and the divine alignment is going to unfold. >> squire, explain this one. gracefully arrive with the full well within. >> well, so many people are feeling an emptiness right from the beginning of life. we feel as though we have to fill this well within with something that will make us contented from the time we're crying as a baby to a kid when we're starting to eat more and when we art to put things into that well within like alcohol and drugs and cars and things. and we realize that that well will never be filled by anything. it needs to be filled by the power of god's love. >> have you always been such a spiritual guy? >> no, i'm the guy that brought you schoolhouse rock and "good morning america." >> i know. what happened? >> well -- >> where did this come from? >> no, this spirit was always there. i just figured out that all of these little things like god winks that i thought were just

fascinating news stories really have a purpose in our lives and these seven steps really are important guidelines for us and if you don't read them in the book, you can go to facebook.com/godwinks and i listed them all today. >> fantastic. great book and i love the stories that you tell in "divine alignment." >> thank you very much. >> thank you for joining us live. >> always good to see you, stooe. >> good to see you, too, tv pioneer. coming up, do you lie much about how much you recycle? well, if you do, you're not alone, you won't believe how many people fib about going green. then our favorite decade. that's gretchen in the 1980's, i think, look at that. yes! we are climbing into the way back machine because pat benatar who you hear singing is going to do a concert today. taking us back to the 80's. [mus]

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>> good morning, everyone. tgif. it's friday, june 29, 2012. i'm gretchen carlson. thanks for sharing part of your day with us today. the supreme court obamacare diagnosis is in. they've ruled it's a tax. and the government calls the shots on your health now. we'll break down the numbers and we'll tell you what it means for you. >> and he's the whole reason for the investigation into eric holder but nancy pelosi can't seem to remember that agent's name. >> we all very, very much agree that we are very sad and seek justice to the family of border patrol agent brian terry. >> terry. brian terry's mother speaking out in just moments. >> then, lie about your

military service? no problem, that's protected by the first amendment. who can you thank for that? we'll explain. "fox & friends" starts right now. >> rain or shine, famous dave's will be grilling away here as pat benatar prepares to take that very stage. you're looking live at the stage that was put together a short time ago waking up the entire neighborhood including sirius radio across the street. >> i have to say that i'm -- this is the most excited i've been for one of these concerts. >> really? >> yep. def leopard was a close second. >> can i just say one thing? >> pat benatar! come on, pat benatar is here! pat benatar is a memory that we all have. >> can i have a little confession? many times i tried to tell you, many times i cried alone.

>> really? >> right. >> some of the lyrics that actually ian e-mailed me that and he's behind camera one and he's reaching out now. >> speaking of reaching out, brian, when you were reaching for the stars talking about the momentarily delayed launch of the delta rocket, i was talking to pat benatar in the green room and i asked her what her favorite pat benatar and by the way, i needed a rocket story, not a benatar story. >> that rocket will take off sometime today, maybe in 15 minutes. >> and we'll go to our nasa correspondent brian kilmeade. >> i asked her if she had a favorite lyric. i got to think about it. what is pat benatar's favorite lyric from a pat benatar song? you'll hear about that as she and her husband neil take the stage in the next two hours. >> all right. in the meantime, let's get to your headlines for friday. the man who shot and killed trayvon martin could walk free today. george zimmerman will go before the same judge who just a few weeks ago threw him back in jail for allegedly lying about his finances. he's once again asking to be

released on bond. zimmerman's attorney says he's not a threat to the public and the bulk of the money raised by a web site has since been put into a trust leaving him with no control over those funds. the massive waldo canyon fire raging for nearly a week now in colorado claims its first victim. a body has been found in a burned out home in colorado springs. and the victim's name has not been released. 346 homes have been destroyed just this week making it the state's most destructive fire on record. president obama has declared it a disaster that releases funds to the hardest hit areas and he'll be visiting colorado today. we're still waiting -- here's a live look at the delta four heavy rocket. gearing up to blast off from cape canaveral. >> failure to launch! >> seriously not funny because brian was left hanging twice. >> i enjoyed myself. >> you did? beautiful silence. >> ok. >> it's sending up a spy satellite for the air force, the

launch already delayed a few times this morning as we've reported. once to check the batteries after an alarm saying they didn't have the right amount of power. good reason not to do it. >> you know what the word is, the reason it's delayed is it's called a script abort. >> could be a computer thing, then. >> what do you think? >> i did not get a masters in computer science or space technology. >> i did. >> i'll leave that to you. >> thank you. >> anyway, it's going to launch in about 12 minutes from now. so we will keep you posted. lie about serving in the military? the supreme court ruling that you can do that and be protected by the first amendment. the justices ruling by a vote of 6-3 the stolen valor act which made it a crime to falsely claim military honors. turns out they ruled that it's unconstitutional. the case focused on xavier alvarez, former elected official in california, he lied about winning the medal of honor, the country's highest military decoration, he said he was a retired marine who had been

wounded many times. those are the headlines. many legal experts believe that's the way that the supreme court would rule on that. it wasn't a surprise unlike the health decision that turned out to be a diagnosis that was a bit more of a surprise. >> there are basics with what we're dealing now with obamacare fully in place fully installed in 2014. so many questions you have coming your way. we'll see if we can answer them. for example, will my costs go down is a common refrain that you hear as you walk the streets of new york and the answer -- >> mr. answer man says unlikely. >> even though that was a promise from president obama when he was lobbying for obamacare to be passed in congress, he reassured people that costs would go down. here's -- >> hence the word affordable. >> uh-huh. >> you're right which is the official name of the law. question number two, can i get insurance with a pre-existing condition? by this time, we all know that the answer to that is yes. >> by the way, just so you know, the numbers of people who cannot get insurance on pre-existing conditions is less than 1% in this country. so you're solving a problem for

some people. don't think you're solving a massive amount of problems for a bunch of people. >> plus the big question -- do i have to get insurance? the answer is an emphatic yes. the way this was sold, the idea is if you don't have insurance, you have to get it or you would pay a penalty. yesterday, the supreme court under the direction of john roberts, the chief justice said wait a minute, that's not a penalty. that's a tax and effectively what it's going to be is it's going to be the biggest tax in american history that's going to be coming down on backs of people the same time that the bush tax cuts expire, we'll be hit with one tax and another. boom, boom that's a problem. >> the i.r.s. is not going to come after you. people aren't going to have to pay this tax really, how are they going to collect -- >> i bet they come after you. >> i don't think so. in the statute, it says that the i.r.s. has no way to really force you -- >> really? >> to really force you to pay that. maybe we delve into that or tomorrow. >> the whole threat of arrest will get to me.

>> it's different than paying your federal income tax or something like that. anyway, what about medicare? it will be more than $500 billion to pay for it. >> that was the one part of medicaid, by the way, yesterday found unconstitutional. medicaid provision, they said the federal government can't shove the particular part of the law down your thoughts. >> holding hostage to get your money. >> do i have to pay additional taxes? the answer is yes. the big question is how much? remember the president said he would not raise taxes on people making under $250,000 a year. made that as a campaign promise. we know that if you do make less than $250,000, you'll have to make a whole bunch of taxes. >> that will be one of those important over the counter drugs. those with savings accounts will no longer be able to use pretax funds. this is huge. stashed in --

>> you know, if you take advantage of this, if you are employed, i know that i do and it saves tons of money over the year because you can pay for these things pretax dollars. apparently that won't be an option anymore. >> another part of the tax that i think is important, too, is that you now pay 3.8% on unearned income tax for people making over $250,000. for those making under, you'll pay up to .9% on all your ages. that is the middle class. >> yeah. rush limbaugh said yesterday on his radio show, obamacare was a lie. it was a self-tax on all americans and nobody knew it until today. meaning yesterday. >> the other medical devices and why that stock dropped on wall street yesterday, it's because the medical devices that no longer has an itemized deduction. measuring what's in your blood, those people are taking a big hit today.

>> some of the other taxes, health savings withdrawal penalty. indoor tanning tax. i don't know how that got in there. cadillac health insurance tax, individual mandate exize tax. there's about seven big taxs that will go into effect now. so just how much is that last tax that was upheld yesterday? the tax for not buying health insurance. so let's take a look at how this is going to affect most american families. in 2014 when obamacare officially kicks in an adult would pay $95 increase in tax but just two years later by 2016, $695 and you can see for a family, it's much more. $285 in 2014, up to $2085 in 2016. >> people are digesting this opinion and looking -- thinking about the ramifications, no time to get your breath because in the afternoon yesterday, more drama played out and it happened in the house. actually before the big vote happened, there was the big walkout that took place. first, it was just going to be members of the congressional black caucus but then others

jumped into the fray and walked right out of the building. look at that. >> there they go. out on the house side steps. nancy pelosi right there surrounded by members of the congressional black caucus. in the end, though, the charge was contempt of congress against the sitting attorney general of the united states, eric holder and it was a bipartisan vote. the vote was 255-67. 17 democrats said that he should be handing over those documents regarding fast & furious which is all the republicans in the house oversight committee have been wanting. they want to know what went into that particular program that wound up with the death of brian terry. >> and his mother, josephine terry reacts last night on o'reilly to the walkout of all these members of congress who did not vote in favor of holding the attorney general in contempt of congress. >> i think it was a disgrace to

them and not to my son. >> meanwhile, nancy pelosi went to the floor to try to explain her walkout and her unhappiness with the fact these contempt charges would come to a vote. here she is doing the best she can to pronounce brian terry's name. >> we all very much agree that we are very sad and seek justice to the family of border patrol agent brian ter -- brian terry. >> she didn't have that on the top of her tongue and wrestled with something else. jay carney had the same problem saying brian terry's name a week ago. 17 democrats stuck around to vote with the republicans to condemn eric holder. in the end, this will go to a judge who will look at the material and decide whether the attorney general should be holding back those documents or not. >> i think yesterday, nancy pelosi needed jake tapper to prompt her as he did for our press secretary for the white

house last week. >> coming up on "fox & friends", do you lie about how much you recycle? if you do, you're not alone. you won't believe how many people fib about going green. >> right. >> that explains a lot. >> look in the mirror, steve. >> some see the health care ruling as a big win for the president. could it be a bigger win for mitt romney? our political panel has the scorecards. they're next. >> wow, they're out waiting for pat benatar but first, they have to see you. almost tasteals.

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loyalty discounts, safe driver discounts, paperless discounts. progressive keeps finding me new ways to save me money on my car insurance. you're sure to save it forward. i see you're a healthy eater. you qualify for a healthy eater's discount. oh, my gosh! thank you. you're welcome. dropping off the shopping cart discount. why are you doing it? because of the hundreds i saved at progressive. and that's when i told her about progressive online! [ all chuckling ] all right, look busy, the manager is coming. i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve pain, stiffness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred.

before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever, bruising, bleeding, or paleness. [ phil ] get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists. >> all right. interrupted a commercial break to tell you this, i'm your spaceman and i'm here to tell you that your rocket is not ready to launch quite yet!

yes. we were supposed to launch it a half-hour ago. i got sidetracked and then i wanted to launch it now and i had something else come up so now i'm going to launch that rocket at 7:40, it's the delta 4 and it's going to be pushed up into space with the flux capacitar that was so successful for michael j. fox. it was supposed to be a spy satellite. when it goes up and starts feeding me directions i'll continue to talk. until that time, i'll turn it over to steve. steve, i'll warn you. i'll take it back at any moment if anything changes. you got it? >> thank you very much, rocketman. >> thank you. >> i miss jules bergman. governor mitt romney quick to react to the supreme court decision yesterday on obamacare. listen. >> as you might imagine, i disagree with the supreme court's decision and i agree with the dissent. what the court did not do on its last day in session, i will do on my first day if elected president of the united states.

and that is i will act to repeal obamacare. >> while the court ruling in favor of the health care law may seem like a big win for the president of the united states, it was governor romney who has raised over $4 million after the ruling came down after the supreme court of the united states ruled. so whose victory is this really? let's talk to our political panel and we have all sides contained. we got fox news contributor santita jackson and joe trippi along with the former lieutenant governor of new york, betsy mccoy. good morning to all of you. who thinks the president's big win yesterday was helpful to mitt romney? wait a minute. we're all getting along here? what do you think? >> i think it was helpful to them both. the fact is that obamacare is romney care but, you know, everybody must hold hands. this is not the beginning -- >> let's not get carried away. >> this is not the beginning of the end. it's the end of the beginning. i don't think this fight is going to end here. i think that this is the

beginning 2012 and i think we're going to look at this affordable health care act litigated during this campaign and over and over again in the court system. >> ok. >> what happened is yesterday, the democratic base breathed a sigh of relief and republican base started breathing fire again. that's what helps romney. >> motivates your base. >> $4 million already showing up. look, in a close election like this, look, the president got a win. his -- you know, his signature law -- >> but he's got a great big yoke around his neck. that thing is a tax. >> the biggest colossal fail of wasting a couple of years of time. it's a win for him. in the end, the energy moves to the republican base. in a close election like this when you see some places being decided by a 10th of a percent.

you have to give the net benefit, like it or not as a democrat, it got the energy up. yeah, yeah. but so that's what i think has happened. >> but in addition, good news for obamacare is bad news for the economy and for job seekers and that's going to have a huge impact on the election because employers have been on the south sidelines reluctant to hire because this law contains not only the individual mandate but the employer mandate which adds about $2 an hour every hour to the cost of hiring anyone. a busboy. a waitress. a retail clerk. and so employers have been holding off waiting to see what would happen in court. now they know, this is the -- just a second. but this is the largest labor cost hike in american history. it's going to deter hiring. >> it's a gigantic tax increase as well. >> good stuff in there. 26-year-olds are under -- their parents get to keep them on their health insurance.

>> no, but pre-existing conditions, the insurance companies can't discriminate against you. there are a lot of very important things in there. and there are a lot of important things. >> i'm part of that 1%, you know, eight years ago i was 200 pounds heavier than i am now. and i was uninsurable. >> if you lose weight -- >> i could. i wish it would have been that simple. i had to have weight loss surgery but i was uninsurable. look, to me, the good news is that now we do -- we have a shift in language. health care is now not a privilege, it's a right. now, how do we do this? i think that's something we're going to have to continue to parse out over time. >> show of hands, one more group question. do you think this is going to re-energize the tea party? >> oh, yes. >> definitely. >> definitely. >> all right. 3-3, then. >> don't forget, there are more constitutional challenges ahead. with the courts right now, a challenge to section 1311 that empowers the federal government to dictate how doctors treat patients. >> fantastic. good excuse to have you come back. >> challenge by those who feel

that they are losing their first amendment rights because of the contraceptive mandate the president has issued. and the challenge to the electronic medical records because it states a tell-all relationship -- >> hold on! focus on this topic for today. the panel will stick around for this. eric holder was held in contempt of congress yesterday for the failed gun sting that gave guns to drug cartels down in mexico. why are democrats accusing republicans of risking our safety? we'll talk to the panel about that. then, he jumped into the patch of -- path of an oncoming train to rescue this child. now, karma coming back around. his reward is in. (cat purring)

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became a misguided and politically motivated investigation during an election year. instead of trying to correct the problems that led to a series of flawed law enforcement operations and instead of helping us find ways to better protect the brave law enforcement agents like agent brian terry that keep us safe, they've led us to this unnecessary and unwarranted outcome. >> back now with the reaction, our political panel, far left screenwise. santita jackson, joe trippi and to the right appropriately betsy mccoy. what do you think, betty? >> yakity, yakity, yak. the fact is that members of the administration ought to have to tell the truth and meet the standard of transparency. you know, they dragged roger

clemens through the -- a horrible ordeal for years. >> twice. >> right, twice. and yet holder probably is going to get away with this. even after a vote of contempt, members of the administration are seldom actually held to any penalty for that kind of behavior. >> joe, it was bipartisan vote. 16 democrats went along with the republicans and said, you know, you really should give up those documents. there is a dead guy that we're talking about here, a border patrol agent. >> we don't do like this bullet vote. everybody has to vote the same way on the democratic side of the aisle. but i think the bigger issue here is whether the same thing happens on health care. i mean, this is now going to go to a judge. judge is going to look at this stuff and decide whether he should or should not be in contempt and what happens to the republicans if the judge, the courts like they did on health care yesterday say republicans are wrong on this and gives democrats the playing politics card going into the november

election and that's what it looks like to a lot of the american people. the bigger reason i think this is a mistake for republicans is what people really sick of right now is both parties doing this kind of stuff to each other. and look, regardless if there's -- i'm not talking about the, you know, the credible facts, whether they're there or not. it looks like it's politics. >> i don't think it does. democrats voted for the contempt and when all of those democrats walk out the congressional black caucus, they didn't have the nerve to vote against the contempt motion. they posed this as a walkout. but you know what? either you vote for it or you vote against it. walking out, that's just stage show but with no convictions. >> i'm sorry, i didn't mean to interrupt you, betsy. pardon me for that. i did not look at this as -- i saw this as political theater but for me, this was never about -- this was about the concept of fairness. any time republicans reject every witness request of the democrats on that oversight

committee, any time they request to interview the former head of the agency, they're all rejected much this was not fair. i think they should have walked out. i believe in voting, no question about that. they should have walked out because this was patently unfair. i don't mind losing a fight, betsy. >> cast their votes and then walked out? >> then they -- >> something the president used to do all the time. >> oh, betsy! >> ducking the issue. >> it wasn't the ducking the issue. they were led by nancy pelosi. >> that adds to -- >> not at all in my book! >> political theater followed by political theater. >> yes, it was! >> to be led by nancy pelosi. >> it wasn't racial. this was about principle. >> don't get in the middle of this, joe. >> look out. >> i'm in the middle. >> job well done. excellent panel today, thank you very much. coming up next, a total disgrace. absolutely. thieves hitting up the graves of our nation's heroes to make a quick buck. we'll tell you that story.

then she was the first woman ever to be on mtv and she's still rocking. we're talking to pat benatar here with her husband neil, they're on the plaza, they'll be with brian coming up next. [ male announcer ] at scottrade,

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>> well, according to a poll by national geographic. this is a real poll. 65% of americans said president obama would better handle an invasion by space aliens than mitt romney. sure, once the aliens landed, they would see there are no jobs and they would go back home. they would realize there was no -- >> with more now, here's brian kilmeade, space correspondent. >> thank you very much. i'm looking to change my business card so if i'm busy a little later. fox news alert to tell you about. moments ago, f.b.i. agents arrested bernie madoff's younger brother here in new york city. now in jail, he was -- he was -- the arrest was expected, though, it was listed in the paper yesterday part of a deal for his role in the world's biggest ponzi scheme and he'll spend the next decade behind bars and turn over all his money, all his property, the arrest meant to show the public the seriousness of his crime.

peter was the chief compliance officer at the firm when bernie was arrested in 2008. can you say he knew it all along? >> looks like it. wikileaks founder julian assange defying an order surrender to police. he is seeking asylum at the ecuadorian embassy. he is trying to avoid extradition to sweden because he faces a sexual assault case there. >> thieves in pennsylvania are disgracing those who fought for our country by stealing from the heroes' graves. about 60 bronze memorial plaque holders have been taken by the cemetery in west goshen. cops there say they're worth at least a couple thousand dollars and they think they're being taken to sell for quick cash. >> we've put our lives on the line for what we live for today,

you know, so just to -- for medals, find another way to make somebody -- >> there were no markers? i just think it's just despicable. >> it is despicable. each memorial marks the year or war that a vet served. >> a mother's nightmare as a stroller rolls into path of an oncoming train in new york city. that's when this man, delroy simmons jumped on to the tracks, grabbed the baby and pulled him to safety. he was on the way to a job interview when he saved the baby. he missed that interview. maybe it gave him some good karma. he's been out of a work for a year. on the day that he went to visit the 9-month-old in the hospital, he found out he landed the job. job well done. >> no kidding. >> let's take a look at the weather on this friday. getaway friday for a lot of people. we've had showers in portions of the northeast and also a rumble of thunder in the north central plains and as you can see, a specific storm moving through portions of northern california,

oregon and washington state as well. down south in florida, it looks like a little rain this morning in the keys. current temperatures as you head out the door for whatever you're going to do, on what's going to be a sweaty day, right now, we have 71 here in new york city. pat benatar central. 82 right now in kansas city and 92 in phoenix. meanwhile, as you see the highs today, we'll be up there. add the heat index, it will feel like it's over 100 across a lot of the united states of america. >> it will be a frying day on this friday. brian kilmeade, big stars. >> totally, steve. we're talking about the summer concert series and nobody better to be here right now. one of the first big stars to visit the set of "fox & friends" back in the early 1950's when we first got under way, pat benatar is here and neil geraldo with us. welcome. 20 years touring together. does it seem that long?

>> 20 years? no, 33 1/2. >> 33 1/2 years. >> it seems like 20 for us. i mean, last time -- >> since you're young. >> yeah. on that note, when you were coming up, this is what we looked like. me, steven and gretchen, pulled out some pictures when you were first coming up, this is what we were wearing and how we were wearing our hair. gretchen graduating, i think, seventh grade. there she is. >> there she is. >> i love that. >> very nice. >> and then -- that is what i look like. there you go! >> that's what i looked like when i was hugging a bottle of scotch. and there's steve doocy. >> no way! >> yeah. >> tell us again how you first off -- how you were discovered. was it catch a rising star? >> that was the initial thing but spider and i when we put the band together in 1979 when we got together, that's how it all started really. i mean, we just made that record and just took offer from there. >> and the records are unbelievable. we're talking 19 top 40 singles,

four consecutive grammy awards. and together, you put the -- you've been an unbelievable team. how do you explain your success? >> holy crap. do we have enough time? no, it's very simple. there's a synergy between the two of us. she comes from one side of the tracks, i come from the other. i call her like the gidget side and i'm the renegade loser on this side. somewhere in the middle, we meet and we offset each other. she brings me closer to the middle and i bring her in and that's how we work. >> that's fantastic and you're saying, neil, i understand that you were not a guy who was big into fitness and now you have changed totally. >> now he's a guy into supplements and turn it around. you have broken the mold for rock 'n' roll stars! haven't you? >> we have to. i feel like -- i feel like i wanted to make it to 30. if i can make it to 30, i was doing really good. i hit 30 and i realized now what do i got to do? now i have a child and i have to stay in better shape for my daughter. i used to run and jump rope during the opening band set and i'd get all sweaty for a half-hour and i'd do push-ups and run like crazy.

>> just trying to do it. >> how do you handle the sudden success? you're a young girl from long island living so close to me, by the way. >> right. >> and then all of a sudden, you're an international rock star, pat. did you go through a period where you're like i am the best? >> never, no. you're not thinking about it. you're really trying to get through the day and while it's happening, you're running to camp up with what's happening so i don't know. i had a really grounded childhood and it really didn't have any effect on us at all. >> she came from a great childhood. she had a great childhood. >> yeah. >> what a great place she grew up in. >> can you say the same thing for the next generation? >> i think so. i think that it's really up to the individual and it depends on how you -- it's not what you have. >> paul mccartney has this story where his kids told him to lower the music in the house. do you feel the same way? do you like it loud and like hard rock? >> our kids think we're nuts. >> yeah, they think we're nuts. >> and they're like mom, you're so weird and, you know, that

stuff. >> please don't wear that. >> when you're on stage, are you kidding me? >> sometimes they -- i sometimes keep gum around and sometimes they walk on stage and grab the gum. >> they're older now. our oldest is 27 and the littlest one is 18. >> let's check out the list right there. there's the interview. then we'll be singing all fired up, promises in the dark, we belong. hit me with your best shot. love is a battlefield. i know this is a tough question. is there a favorite song where you think it's coming up, here it goes. it's coming up next. >> no, everyone has their own story. i say overall "heartbreaker" is the one that i choose, that's when we knew we had to write combinations when we played "heartbreaker" together for the first time. >> you've done a lot of things and you watch our show pretty regularly. have you ever tossed back to gretchen and steve? >> we talk to the tv. >> look into that camera and you can toss to them.

>> well, steve, i wanted you to come on stage and sing today but you're such a chicken that you wouldn't do it. gretchen, i want to see that hair -- gretchen, i want that hair do that you want when she graduated in seventh grade. i want to see that hair do. >> very cute. >> i can tell you these two are in a time capsule. they're not aging. >> no, no, no. >> she's not aging. >> let's hear it for pat benatar! thank you very much, brian. neil. pat. great day. >> looking forward to the performance coming up in about an hour from now. in the meantime, history in the making. attorney general eric holder the first sitting cabinet member to be held in contempt of congress. these democrats didn't think it was important. they walked out. why they abandoned ship. >> then former president bill clinton crashed my wedding! the pictures to prove it. [ male announcer ] this is sheldo whose long day setting up the news

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>> got some quick headlines for you on this friday morning. a major medical breakthrough that doctors say could be used everywhere from the battlefield to the emergency room. it's an injection with oxygen carrying particles that go right into your bloodstream. patients will be able to live up to 30 minutes without taking a single breath. that is amazing. and a big surprise on the big day. former president bill clinton crashing this couple's wedding in ireland. he was staying at the same resort when he noticed the bride and the groom. and the nuptials. all right. gretch? >> nice picture.

house democrats staging a revolt yesterday right before the vote to hold attorney general eric holder in contempt of congress. more than 80 members of the democratic party walked out failing to give even a yea or nay in the historic tally. was this the right thing to do or a disservice to their constituents? joining me now with his prescription for justice, fox news legal analyst peter johnson jr. what are your thoughts on that? >> my thoughts are d.c. became the district of contempt yesterday and it was kind of a stomach curdling day that makes a lot of americans want to throw up. they said, well, is the rule of law meaning anything? should the rule of law be branded racism as some members of the congressional black caucus hinted as they led a walk-out of the congress and saying we're not going to participate in the vote. we're going to boycott the vote. and when you talk about a boycott, of course, it summons notions of civil rights. and so i think most americans

believe it is the appropriate role of the legislator, a member of congress, to vote, yes or no on any given piece of legislation. but instead, there was a symbolic effort to politicize it rather than casting a vote in my view. what's going to happen now is it's going to go to the d.c. u.s. attorney. it will die there. there will not be a grand jury convened. executive privilege will be claimed based on earlier court decision. and then there will be a civil contempt proceeding where it will go to court and a judge will decide. >> so just to play devil's advocate, some people would say that the contempt vote in general was a symbolic sort of a vote because as you just described, it may go nowhere. >> the rule of law is a symbolic notion, the notion of equal justice before the law is a symbolic notion until it's brought to practical use. the notion that the republicans are talking about is listen, we've been doing this for 18 months. we have an attorney general.

he's the highest law enforcement officer in the country. we've served a valid subpoena and he wants to play games with it so we're saying why should anyone, including the attorney generals get away with not complying with congressional subpoena if for the last minute they came forward with executive privilege. >> so the civil contempt goes to the federal judge. >> it will go to a federal judge who is arbitrarily chosen. >> and the fed, correct on the wheel, you know, by random choice, and that judge will look at the documents -- will look at them and say is there an appropriate request to begin with? was there a legislative purpose in asking for these documents and it's not about finding about whether there's a cover-up and what the cover-up was. the privilege issue will be at play looking at the documents saying is the privilege appropriate? is there really something that's under the umbrella of executive privilege that wital -- will al

them not to bring it forward. who knows what the repercussions are but it's a sad day when everybody is holding each other in contempt in washington, d.c.? >> thanks so much. >> good to see you. >> obamacare survives as we've been discussing all morning and the republicans say there's only one way to change that. republican majority leader eric cantor here next. new kids on the block the number one song "step by step." max!

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>> well, now that obamacare has survived the supreme court, what is next for republicans? >> let's ask house majority leader eric cantor who joins us live now from washington. good morning to you, congressman. >> good morning. >> i know you're going on have a vote in the house coming up on

july 11th, it will probably pass in the house to repeal obamacare but it's going to die in the senate. why even do it? >> well, gretchen, what we got to do is we have to continue to focus on seeing if we can get back to the health care that people in america want and that's why we have scheduled a vote in the house to repeal obamacare. we're going to continue every day to try to make sure that we can -- we attempt to do that. but let's take a step back for a second and really think about what that decision yesterday means. it really underscores the choice that people have this election. it underscores a choice that people have in terms of the health care. we're going to have an america as well as many, many other aspects of leadership or lack thereof for the country and so, we're going to go in to try to repeal obamacare. we're going to continue to try to focus on the kind of health care people want which is patient-centered care. they don't want washington coming in telling them what kind of coverage they should have or

what their doctor can or can't do. that's why we'll continue to fight. >> one thing that the supreme court did, mr. cantor, is said what are you talking about? this isn't a fee, mr. president, this is a tax. a gigantic tax on the american people. and the affordable care act specifically spells out that the i.r.s. will come after you if you don't pay your tax. marco rubio said that's one more thing we'll have to worry about the i.r.s. coming after us now. >> that's exactly right. the problem here -- they're multiple for sure but throughout the process, when obamacare was being considered, the president, nancy pelosi and many others said this is not going to be a tax. this is not a tax at all. well, we saw yesterday. the court then finally decided that issue and said, yes, it is a tax. we also heard the president consistently say that if americans have health care they like, they can keep it and we've seen that most americans who have health care, they like it.

they just think it's too expensive and so what we're seeing now is obamacare is forcing those people out of those plans. so yet again, a broken promise and what we're saying is let's stop all the promises that you can't keep. let's get back to the kind of health care we want. let's put patients and their doctors back in charge. and stop washington from meddling in this really personal decision that is around health care. >> congressman, the problem is, as you know, not going to get elect if you think -- if you're running against medicare and running against medicaid and running against social security, you're not going to get elected. people got used to those entitlements and that's where they're staying. do you fear you'll be trying to pull something back that's already slowly and surely being institutionalized? >> no, i think people in this country don't like obamacarement they don't want the government telling them what kind of health care they should have. they want to be in charge. and i also think, brian, on a larger question of all these

entitlements, i believe that the case we're making is supported by the facts. the math doesn't lie. we need to get back to growing this economy, stopping all the spending and the deficit spending that we're incurring and get back to a growth oriented future. >> all right. congressman eric cantor, thanks for your time this morning. know you have a busy schedule. have a great weekend. >> appreciate it. you, too. >> majority leader is quite busy today. what does geraldo think about this ruling? hmmm. >> the farmers with this instant hit here live. the three brothers. top of the hour. [ buzz ] off to work!

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>> gretchen: tgif. it is friday, june 29, 2012. i'm gretchen carlson. thanks for sharing your day with us. the supreme court's obamacare diagnosis is in. do you like it? even though the president promised that it wasn't, it turns out it trial is a tax. geraldo rivera says it's the poison pill that will end his time in office. he's here to explain on the curvy couch moments away. >> steve: i've got to hear that. then he's the whole reason for the investigation into eric holder, but nancy pelosi sounds like she forgot his name. >> all very, very much agree that we are very sad and seek justice for the family of border patrol agent brian taylor -- terry. >> steve: brian terry is the name. and the mother of that murdered

border agent now speaking out. you'll hear from her. >> brian: then he's the latest flight attendant to freak out. you heard me, freak out. threatening passengers stuck on a plane for five hours. >> off bomb. is that what you said? >> brian: wow. threatening them. "fox & friends" starts right now

♪ ♪ ♪ ♪ all fired up ♪ all fired up ♪ all fired up ♪ all fired up ♪ fired up, fired up ♪ . >> gretchen: what better way to get fired up on a friday than

listen to go pat benatar. all right! whale more from pat benatar coming up. 8:50 a.m. eastern time. >> brian: the crowd is filling up. and it's get so long humid out there, they don't care about the humidity. i cannot wait to see if geraldo rivera knows any of these lines. some people are mailing us their favorites. >> brian: a real tough cook yes a long history of breaking little hearts. >> gretchen: that's geraldo. oh, no. another notch. >> brian: my lipstick case i better make sure you put you in your place. there is sad songs. raw emotion. >> steve: she did so many songs and became the sound track of the '80s. we're having kind of an '80s flashback with pat benatar in attendance. if you were wondering what we were up to back in the 1980s, i think we have photographic proof. gretch. back in the '80s. >> gretchen: let's not do the side by side. now we'll start analyzing the

wrinkles that have set in. >> steve: you look great. >> gretchen: wow. that's 24 years ago. >> brian: that's a typical picture. that's what you brought in? >> steve: listen, i was trying to show i did crazy stuff in the '80s. i was in a band. brian, look at you. >> brian: that's actually outside johnny carson's wife's home. >> gretchen: you didn't have a closer one? >> brian: i'm not sure. >> gretchen: you had one with really hot guys. >> brian: but you have to pay for the rights. >> steve: geraldo will be joining us in two minutes. >> brian: steve, just before we go any further, many times i tried to tell you, many times i cried alone. >> steve: are you citing a lyric or just saying something? >> brian: no, i'm cite ago lyric. >> gretchen: okay. keep reading those lyrics as i do the headlines. a fox news alert. f.b.i. agents arresting bernie madoff's younger brother in new york city. peter madoff's arrest was expected, part of a deal for his role in the world's biggest ponzi skeet. he's set to arrive at the

courthouse and spend the next decade behind bars. he was the chief compliance officer when bernie was arrested. >> gretchen: george zimmerman could walk free. he'll go before the same judge who threw him back in jail for allegedly lying about his finances. he will be asked to be released on bond. he shot and killed trayvon martin. his attorney says he's not a threat and the bulk of the money raised on the web site has been put him into a trust leaving him no control over the funds. maybe brian should be reading this. the launch of the delta 4 rocket scrapped for the fourth time this morning. >> brian: struggling. >> gretchen: it was set to blast off this morning at 6:13 a.m. eastern time from cape canaveral, florida. the last attempt to launch -- move your lips.

>> brian: i'm the space checker. >> steve: rocket boy. >> gretchen: there was a lot of silence when you were doing that. the attempt was to launch was scrubbed with three minutes left on the countdown clock. brian will break into programming throughout the day and fox news to bring you the coverage. >> brian: right. even if "the o'reilly factor" is on. >> gretchen: the rocket is sending up a spy satellite fort air force. >> brian: don't tell anybody. >> gretchen: lied about serving in the military? that's forgetted by free speech. the supreme court ruled made it a crime to falsely claim military honors was unconstitutional. it focused on former elected official in california who lied about winning the medal of honor, which isn't quite so funny burks the highest military decoration that, is what that was. he lied about it. his first pick up meeting, he said he was a retired marine who was wound many times. but apparently it falls under free speech and you can do that.

>> steve: you can lie about it. >> gretchen: let's bring in geraldo. >> steve: good morning. ♪ hit me with your best shot. >> steve: fire away. >> brian: everyone's got a lyric. >> brian: was that the best shot the republicans had and did they miss it yesterday when the supreme court ruled against them? >> put the republicans aside. let me just address the chief justice, john roberts, brilliant decision, let me tell you why. he had an embattled supreme court. sidss united, 5-4. bush v gore 5-4. it looked like just politicians, republican politicians in rogues dominating the future of the nation. so what did he was he achieved a result that absolutely blew that out of the water. nobody now is talking about the political court. chief justice roberts, one of whose prime roles is protecting the integrity and reputation of the court, scores big time. he protects the court. and he also gives due deference to the legislative branch and

executive branch, so he defuses the obama criticism. but what has he done? by brilliantly upholding the law on the narrowest of grounds and allowing it to be called a tax, he gives republicans the absolute winning issue in november. he has gifted president obama -- >> steve: wait a minute. you said the winningest issue. >> i believe that republicans now can remember that -- unless something is done, that bush era tax cuts also lapse at the end of the year. here you have the largest tax increase and the increase coming from the expiration of the bush era tax cuts. >> steve: double trouble. >> taxes, he said he wouldn't tax us. he taxed us. i think the obama presidency hangs by a thread. >> gretchen: but that the role of the chief justice of the supreme court, to dip his toes into the political scenario? geraldo, he is the chief justice

of the supreme court. you are a lawyer. you're telling me that he took politics and put that front and center instead of looking -- >> oh, my god! for the first time the supreme court has put politics front and center! >> gretchen: in one of the most decisive and big court rulings in our time, you're telling me that the chief justice put politics in front of the constitution. >> brian: answer the question. >> it is my opinion that this was a result oriented decision. it was a decision where he knew what he had to do and he crafted -- i don't mean to demean the chief judge's integrity in any way. he may sincerely believe the law supports him and clearly i think the law does support him, but he has done something incredible. he has balanced all the competing -- >> gretchen: i think americans have a big problem with that. >> well, they may. it is now the history. it is the law of the land. and it is a political issue. now the republicans have the

opportunity to make 2010 happen again, reenergize the tea parties, get the base motivated and bring obama's tenure to an he had. >> brian: we understand according to the romney camp, they have now raised, since that decision, $4.2 million. >> politic, oh, my goodness. >> gretchen: you're just accepting that. i can't believe it. >> i am a progress mattic idealist. i believe that's what happened here. i believe that his decision to call it a tax is justifiable on the law. it is a direction none of the legal analysts never predicted. we thought it would rise or fall on the commerce clause. >> steve: which he reeled in. >> he reeled in both of those things, so he limits congressional mandates. now you have a situation where if you want -- it's a tax and if a politician says it's not a tax, it's really a penalty, we now know it's a tax. so we will call it what it is. >> brian: it wasn't the only drama that happened yesterday.

100 democrats walked out and 15 democrats voted with republicans in finding the attorney general in contempt. who do you think looks best or worst? >> look at the faces and i'll tell you who looks best by reading the following quote. this is a circus. it is a national disgrace. from my standpoint as a black american, it is a high-tech lynching for uppity blacks who in any way dane to think for themselves, to do for themselves, to have different ideas and it is a message that unless you cow tow to an old order, this will happen to you. you will be lynched. replace senate with house. this is supreme court justice clarence thomas during his confirmation hearings. the optics are horrible. this is a terrible thing -- >> brian: you think race has a role. >> darrell issa and john boehner

allowed this. >> we are talking optics. we are talking the feel of this. all the black people walked out. >> brian: any time they're not happy, they played the race card. >> it doesn't matter. did race play a role in clarence thomas? probably not. did race play a role in eric holder? probably not. but they gave ammunition to the other side to reach that conclusion. this is congressional graffiti. this is legislative vandalism. darrell issa knew that there was not even a strong suspicion that eric holder knew about fast and furious. they could have negotiated this. they could have gotten the information they needed for the poor family -- >> brian: he doesn't agree with you. >> unnecessarily, this -- >> brian: isn't the race card being played every time controversial happens over the last fewer years? >> steve: take it out in the hall. okay? >> brian: no race card with

obamacard. that's no problem. but there is a race card when something goes wrong with fast and furious. >> steve: we're out of time. >> let the november election -- >> gretchen: you opened up the idea of tax and congress being able to do that for life. okay. too much to talk about with geraldo today. the mandate is just the newest in a series of taxes in obamacare. chairman of the house budget committee, congressman paul ryan, breaks them down next. >> steve: then these boys from kansas became an internet sensation and they join us live. how many cows will they have in the studio? stick around. ♪ i ain't afraid to show it, show it, show it ♪ ♪ i'm farming and i grow it ♪ g.

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how is the government involved? and what is your responsibility after you get your reverse mortgage? the answers are all in this free dvd. a reverse mortgage could be a smart, safe and secure option that could help you pay off your original mortgage, manage your health care costs or just cover your day-to-day expenses. so call this toll-free number and let me send you your free video right now. [♪...] >> for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase. >> gretchen: the president sold his health care bill by

promising no new tax. according to the supreme court, it's absolutely a tax. in fact, that's why it was found to be legal by the chief justice. >> steve: if it looks like that tax for folks who don't want health insurance, that's just the start. congressman paul ryan says he is the chairman of the house budget committee and he joins us live from d.c good morning to you, congressman. >> good morning. >> steve: so the president promised this was not a tax. but now, according to the highest court in the land, it's a tax. it's going to hit everybody, isn't it? >> oh, absolutely. there are 21 taxes in this bill. 12 of which hit people making less than $200,000. that in and of itself is a violation of the president's promise not to tax people making less than $200,000. he sold it as one thing a mandate, not a tax. argued in supreme court another thing that it's a tax. and i agree with the dissenting opinion that they rewrote this law, calling it a tax. so what we have here is a verification of another broken promise by the president. what we have here is a tax that's going to hit everybody.

it's a massive tax, and we have a law that we have one more chance to repeal. that's this november election. that's basically what the supreme court did. they raised the stakes of this election. we have one more chance. it's basically what they said. the people of this country are going to be the final arbiters. they'll be the judge and jury of this, in the election in november. >> brian: chairman, it's also noteworthy of massachusetts had the mandate and is on record in 2006 saying he thought it was having a man it is date in healthcare was a good thing. what's your answer to that? i know you and mitt romney have become quite close. >> i prefer paul birks the way. thank you, though. this is a state's rights issue. what mitt romney has been very clear about is the federal government does not have the ability or the power through the commerce clause to mandate such behavior. the supreme court upheld that notion, so they put a fence around what the government can do make do you something.

they said you can tax anybody and that's where i have a big problem with this ruling. but in states, that's a different issue. that's an issue of federalism. mitt romney has been crystal clear about opposing obamacare, opposing this mandate, and it's really clear, if he is president, he on day one is going to work it repeal this law, root, ranch and stock. >> gretchen: congressman, here is my question about how much more expensive obamacare could actually become because let's say that millions of people decide to pay the fine instead of taking on health insurance, because they're healthy, then who is going to actually come after them to collect that fine? do we really think the irs is going to track down all these people and in effect, won't the cost really be passed along to all the rest of the taxpayers? >> yes. there are three points. number one, they're going to have to hire thousands of new irs agents to police this, to make people comply with this tax. number two, a lot of healthy people will say, you know what? it makes more sense to pay this

tax or in the do anything than to buy the insurance, meaning sicker people will buy the insurance, raising everybody's premiums. everybody's health care premiums will go up in america as a result of this, that's very clear. number three, what is ironic about this ruling, with the medicare ruling where they say states don't have to implement the medicaid rules, more people will go under obamacare. you'll see bigger increase in the cost, millions of people who are otherwise going to go into medicaid are going to go under obamacare, which costs a whole lot more money. this will blow a whole through the deficit, even more than we originally thought. >> steve: we know you got a busy day on this friday, chairman paul ryan. thank you very much for joining us live. >> thank you. >> brian: coming up straight ahead, next, this woman worked her butt off to get the american dream until an illegal immigrant ran her down with a legally registered car. how did he get that? >> gretchen: first, pat benatar performs another hit. here is "promises in the dark."

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internet sensation and racked up nearly 1 million hits. you've been writing us about it so we brought them here. the peterson brothers are on the couch. their family farm is actually being tended by somebody else today. right here in new york city, they're with us. meet greg, nathan and ken. welcome. >> brian: whose idea was it to listen to "i'm sexy and i know" and change it? >> it was my idea to change it. we were at a restaurant, me and my friends, in manhattan, kansas, when i was attending k state in the spring.

and the song comes over the radio. i'm like, oh, this song, you know. and i was like, well, i'll change the words. it will be funny. if i changed it to i'm farming and i grow it. my friends all laughed. maybe i can use that for something. >> brian: you guys are musical of the kendall what, did you think when your brother told but it? >> first we recorded it and that was pretty fun. then we started filming and gradually picked up more and we liked filming. then it got real fun. >> brian: and nathan, it started getting fun, so you had to do this on your extra time you farm, you go to school. how long did it take? >> it was about three weeks in the summer. we started right before harvest so we could get some wheat pictures in there. and we didn't do as much farming during harvest 'cause it's a busy time and we're trying get the harvest in. but then we do it after work, just try and finish up. then we'd work on sundays because we don't work on sundays. >> brian: a lot of it was shot

by your 11-year-old sister? >> yeah. we set up the tri pod for her and be like, okay, tell us if we're in the picture, or i tell you, you just want to pan. >> oh, okay. she had no clue that this was going to go viral. >> brian: there is another message. not only are you talented, hard working and good students, but off message about farming, don't you, nathan? >> yeah. we really want agriculture to be promoted. i think a lot of people overlook it as how important it is, where everyone's food comes from 'cause without that agriculture, none of us would have food or clothes or any of that. so we just want to use our god had given talents to promote what we care about and what we do every day out in the midwest states. >> brian: working hard, right? >> yeah. i think the message we really wanted to get out, or at least kind of what we've been thinking lately is kind of -- all this fame and people -- everyone

seems to know us now and we realize that we don't really deserve that. we're thankful. we realize that god is the one who gives us breath every morning. we don't even really have control over that. so i feel like people take that for granted. people take breath for granted. they don't give credit where credit is due for that and i think it's the same way with agriculture. i think people eat food every day. people are constantly eating food to survive and then they go and -- >> brian: they don't think where it comes from and how hard people work every day to make a profit. you were a celebrity in high school. how would you like to be famous in high school? make me one promise, you're not going to stop. we want your next song to debut on our show. is that a promise? what are you all of a sudden big timing us? i can't believe this. >> we'll do our best.

>> brian: maybe we can get you outside for some ribs and pat benatar. thanks, guys. really appreciate you coming in today and thanks to all the hard work you do. great message. coming up straight ahead on this show, the diagnosis is in, obamacare is a tax. chief justice now says it's up to the voters. is that his job really? chris wallace joins us next because this is his job to tell us. first, more from pat benatar. here is "we belong". ♪ we belong to the stars we've both falling under ♪ ♪ whenever we deny for worse or for better ♪ ♪ we belong

♪ we belong, we belong together together ♪ ♪ the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. delivering mail, medicine and packages. yet the house is considering a bill to close thousands of offices, slash service and layoff over 100,000 workers. the postal service is recording financial losses but not for reasons you might think. the problem ? a burden no other agency or company bears. a 2006 law that drains $5 billion a year

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>> did you see president obama's reaction to the supreme court ruling? it's interesting, he didn't want to gloat, but if you watch his body language closely, you can see he was feeing pretty good

about it. here he is. ♪ ♪ . >> gretchen: i know somebody who has moves just like that. there is chris wallace. >> steve: the former host of "dance fever," chris wallace. >> has pat benatar mentioned my name at all? >> steve: not yet, sorry. >> that's interesting because -- just ask her about the 1970s. i don't think i need to say anymore. >> gretchen: really? >> steve: were you dating at some point? >> gretchen: this could get more headlines than something else. >> gentlemen don't talk. >> brian: you just did. >> steve: you can't leave us hanging. >> the 1970s and pat benatar. that's not very -- >> steve: did it involve a record player or face-to-face. >> brian: it's a --

>> steve: never mind. >> gretchen: i got to ask you this question about chief justice roberts because obviously he found that the obamacare was seen as a tax. some people are asking today whether or not there were politics involved in this decision because he did say in his opinion that he was gog leave it up to the voters. is that the role of a chief justice to do that or should he just adhere to the constitution? >> well, look, this is an interesting question and the answer is we don't know because we don't know what was in the chief justice's mind as he made the decision. i would say i thought about this a lot 'cause i think it's one of the most interesting aspects of the last 24 hours. he's not just the head of the court, he's also the custodian of the court and do i think somewhere in his reasoning was the thought if we have a 5-4 decision and the conservative majority votes to kill the signature accomplishment of this administration and the liberals vote to save it, it will be seen as a highly political move and

that there is a focus damage to the court as there was with bush versus gore. and it is sort of judicial restraint to say that -- as he said in his opinion, we give great deference to the decision of the duly elected people of congress that they don't like this policy, and we're not saying whether it's wise or unwise, then it's up to the public to decide. >> brian: we know one thing, the public has decided, at least a segment has, to give more support to romney. the last tally i saw, chris, he has raised $4.2 million since the decision has come down. does that surprise you? >> it surprises me that it's a lot of money. it doesn't surprise me that it energized the base. i think the court handed the president a victory. i think it handed mitt romney an issue and you can see how powerful the issue may be in terms of at least the conservative base because on the one hand it's saying that this mandate is a tax and a huge tax on the middle class and two, it

is saying the legal avenue to challenge obamacare is dead. the only way to stop it and, according to the polls, a plurality of people do want to stop it, is the political way. you have to elect a republican president and a republican congress. so as i say, it is handed a powerful issue. i still think the economy is the big issue, because powerful issue to mitt romney. >> steve: powerful program is what you've got this sunday. you got jack lou and senator mitch mcconnell. quite a powerhouse. you got the chief of staff and the minority leader. >> indeed right. we'll talk about healthcare. we'll talk about the contempt vote. we'll talk about the leak investigation. should be a very -- quickly, i want to say that yesterday was so fascinating. it was like a living civics lesson to see the three branches of government trying to define their power vis-a-vis each other. really an exciting day here in washington. >> brian: we try figure it out on the radio while it happened.

we saw the information that came out, contribution you were there providing instant analysis for me. how much do i owe you for that? >> you get as much as as the information turned out to be incorrect that we were basing it on of the i like the president look at the tv sets, which it was hard to decipher, and thinking that he had lost, then his counsel came in to the oval office and said, you won. he was like huh? >> gretchen: did he really? that's going to be what we're going to parcel out for the next five months. >> let me just say, gretchen, if it had been all struck down, we would -- it would have been a defeat. he would much rather have to deal with this set of circumstances than the other. >> steve: meanwhile, let's look at the weather for this friday. it is raining in certain parts of the country. where? look at the map. rain moving through portion of the northern plains. it is dry in the eastern most part and down south as well. real quick shot of the current reading as you ahead out the door, already starting to heat up.

how hot will it be? later on today, downright hot. it will feel like it's over 100 when you factor in the heat index across much of the united states of america. >> brian: by the way, i do factor it in. >> steve: yes, you do. the kilmeade factor. >> gretchen: there is no heat index on that. coming up next, the dollar store deals and duds. first, here is ali and dave for what's on tap for tomorrow. >> morning. ali is getting miked up. this weekend, some good stuff. fantastic story. come on over with your pastries. a great story coming up this weekend. two guys, both named jim, both name their dogs toy, both went on vacation in the same spot every year. how they reunited. identical twins after 40 years. >> the reason that i'm holding all of this is because imagine if you could eat chocolate cake and chocolate cookies for breakfast and it would be good for you. we have the new research that shows that's possible. everybody out here was eating my prop for breakfast. then the most exciting thing, we

have pat benatar here. >> saturday, 6:00 a.m. eastern time. >> see you then

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get better results in ap courses. together, they raised ap test scores 138%. just imagine our potential... ...if the let's raise our scores. let's invest in our teachers and inspire our students. let's solve this. >> gretchen: we'll help you out this morning trying to save a bus by shopping at the dollar store. before you fill up your cart, we're breaking down the deals versus the duds. who doesn't want to save a buck right now, right? >> definitely. the thing about the dollar store is that do you want to be careful is that sometimes not everything is a dollar. make sure when you go in there, you check the price tag before you start shopping. and also make sure that you go with your list because that impulse purchase mentality, even though everything might be a dollar, can get knew trouble

quickly. >> gretchen: i didn't know things were more than a buck. they should call it the dollar plus. let's look at cleaning supplies. deal or dud? >> this is a deal. they're a great thing. generic products you can find and also sometimes name brand products you can find. basically at the dollar store because maybe they had just had an excess inventory of it. so that's negotiated there. sponges are a really, really good deal if you buy 12 sponge, you'll save $9. that's a good deal. >> gretchen: ladies, pay attention to this especially because you're going to tell me that shampoo at the dollar store is a deal. >> it is a deal. "consumer reports" actually found that the quality of shampoo doesn't really impact your hair that much. so you do want to invest in a good conditioner. but shampoo overall you might as well spend that dollar and save significantly. >> gretchen: i can buy this much at the dollar store for a buck? >> you sure can. >> gretchen: seriously? that's amazing. good deal. what about if i'm going to wrap a bunch of gifts? >> i've had sticker shock on the gift wrap when go into some of the sort of private shops and everything. and the gift wrap ends up costing you more than the actual

gift itself did. so the dollar store has great ones. they're capable to what you would find at target or k-mart. ninety-nine cents for bags. a quick thing you can run in there, nab it. great deal. >> gretchen: same for paper supplies you say as well? >> party supplies, definitely. table cloths, paper products that you need, plates, things like that. seasonal items are a really good thing to get at the dollar store. most people don't think about fourth of july coming up or whatever it might be. the best time to buy those things is after the holiday. but most people don't plan that far in advance. the dollar store is a good place. >> gretchen: that says serious organization. now, duds. you say if you're preparing, as a lot of people are thinking of the next school year action don't buy school supplies there. why? >> back to school is coming up quickly. the thing is that when back to school sales happen, you can save about 70% on those supplies at places like target, all of those mass merchants. so the dollar store, if you're in a pinch, fine, run in there. but really save your shopping up for those back to school sales.

that's when you'll find the best deals. >> gretchen: what about popping vitamins? >> that's an area you definitely don't want to skimp on. "consumer reports" again did a study and they actually found some of the nutrient labels on the dollar store label aren't what you'll find in the vitamin. don't go for those at the dollar store. spend extra and get bang for your buck. >> gretchen: if you're a parent of small kids, you're buy ago lot of batteries for the toys. what did you decide? deal or dud? >> definite dud at the dollar store. the problem is that sometimes expiration dates are close to when they're coming up. they're also just the quality of the batteries overall are not as good. it can affect your electronic. you'll end up spending more because you'll have to replace them. warehouse stores are good. >> gretchen: all right. thank you so much for helping us save a buck. >> thank you. >> gretchen: when we come back, a live performance from pat benatar. first here is "heart breaker".

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>> i'm bill hemmer on friday, the day after. what now, america, if you're

trying to figure it out, you're not alone? pam boppedy, a, g florida, what will the states do? monica crowley and juan williams are ready to go at it. congressman allen west, the list goes on. eric holder found in contempt. we'll have that for you. in the meantime, they say, love is a battlefield. is it not? >> brian: they do. >> steve: who is ready for some music? [ cheers and applause ] >> brian: i think that's a yes. >> steve: i think so, too. >> gretchen: i have never been more excited than today. pat, you're my favorite performer thus far on friday. [ cheers and applause ] >> steve: ladies and gentlemen, pat benatar, "love is a bottle field "! ♪

we are young ♪ ♪ ♪ love is a battlefield ♪ ♪ whoa, whoa, whoa ♪ we are strong ♪ no one can tell us we're wrong ♪ ♪ searching our hearts for so long ♪ ♪ both of us knowing ♪ love is a battlefield ♪ yeah ♪ both why do you hurt me so bad

♪ ♪ am i standing in your way ♪ or am i the best thing you've had ♪ ♪ believe me, believe me ♪ i can't tell you why ♪ but i'm trapped by your love ♪ we are young ♪ heartache to heartache we stand ♪ ♪ no promises, no demands ♪ love is a battlefield ♪ oh, oh

♪ we are strong ♪ no one can tell us we're wrong ♪ ♪ searching our hearts for so long ♪ ♪ both of us knowing ♪ love is a battlefield ♪ yeah ♪ ♪ ♪

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