all right? have a great day, everybody. happy birthday to alan. >> absolutely. >> he is our boss. see you tomorrow. >> we love him. bye. jenna: very happy birthday to alan. the suspect in the colorado movie massacre goes before a judge in just a short time to hear the formal charges he faces and one of the worse mass shootings in u.s. history. we'll have all that covered for you. >> governor mitt romney in the thick of an overseas visit. what he is saying about israel's right to defend hit self and iran's nuclear capabilities jenna: what is behind the decision to make bill clinton the headline act. it is all "happening now." rick: we begin with a bit of a fox news alert. court action just minutes from now in the colorado movie massacre case. glad you're with us everybody, i'm rick folbaum

in for jon. jenna: nice to have you with us rick. i'm jenna lee. we're half an hour away where suspected mass murderer james holmes will hear the formal charges which the rampage killed 12 and lefts to's it of dozen dozen of others injured. holmes had the dyed reddish orange hair. he seemed dazed. this time around we'll not get a look at him because the judge banned cameras inside the courtroom. the judge issuing a gag order in the case. defense attorneys say it has been repeatedly violated pointing to recent leaks to the media and they will likely bring that up as an issue in today's hearing. alicia acuna is live in colorado with more. alicia? >> reporter: jenna, there are a few things on tap for today in addition to the filing of charges. james holmes will be in courtroom number 201 for the filing of charges in the expectation is that at minimum there will be 12 first-degree murder charges.

there are two crime scenes that we know of. the theater where the shooting took place and. this is up to the direct attorney. >> carol chambers is an aggressive no-nonsense prosecutor. she debated the death penalty in her own mind. she concluded she think it is appropriate in cases where one or two people are killed. here 12 people murdered. i expect she will seek the death penalty. >> reporter: chambers does not have to make that decision today. it could be a number of weeks when that happened. she still wants to make that decision with the families and the, with the families of the victims. back to you. >> certainly a big decision with that. it will be a little longer than the first time that we had a court appearance by james holmes. tell us a little bit some of the other hearing matters that could come up.

>> reporter: yes. judge william sylvester also has to make some ruling on a couple more motions. one is a motion by the defense regarding a package it said that in court documents that james holmes sent to his psychiatrist, dr. lynn fenton. the defense argued this package contained privileged information between patient and doctor and wants it turned over immediately. it accused the government leaking manufacturing to the media. 20 media organizations including fox news have a motion with the judge as well there is to unseal certain document in the case and the publics that legitimate interest knowing what action taken by a number of officials in the case. things get underway in the arapahoe court in a few minutes. back to you guys. jenna: alicia, thank you. rick: on to politics now and governor mitt romney

wrapping up his high-profile three-nation tour in poland today. the republican presidential candidate is spending the last 36 hours or did spend the last 36 hours in israel making a special stop at the western wall where he offer ad prayer and romney also meeting with prime minister benjamin netanyahu. they know each other when they used to work together in boston in the 1970s. mr. romney delivering a key speech in jerusalem. take a listen. >> make no mistake. the ayatollahs in tehran are testing our moral defenses. they want to know who will be oak project and who will -- object and who will look the other way. my message to the people of israel and leaders of iran is one and the same. we will not look away. we have a solemn duty and a moral imperative to deny iran's leaders to their intent to follow through on their malevolent intentions. rick: joining us on the

phone from poland carl cameron. carl, why poland? >> reporter: for a number of reasons. owe will reassure the world he will value and strengthen a number of relations with u.s. allies and romney counts poll leaned one of the strongest. they have a growing economy and they are outside the eurozone. the former communist country has been cutting taxes and government regulation aggressively. its president, donald tuske, had somewhat chilly relationship with president obama. mr. romney will implicitly try to highlight that. it is also true that he has been a critic of russia, something that again is part of what mr. romney is talking about in terms of trying to strengthen relations with allies and perhaps even brush back some people who have been in the words of one romney aide, standing in the way of progress. a short while ago mr. romney wrapped his meeting with mr. tusqe and we're on the

way to a memorial where the very first shots of second world war were fired. later this afternoon he will meet with lech walesa, a hear row of the cold war labor movement here in poland and someone who invited mr. romney to visit poland for this trip. rick: we saw a snippet of governor romney speaking in jerusalem yesterday. what was the headline from that visit? >> reporter: well, mr. romney was trying to say he would be a better friend to israel, implicitly, not explicitly than president obama and he would protect the jewish state and take much stronger steps to curb iran's pursuit of nuclear weapons. he said no option should be excluded and recognized israel's right to defend itself as it is the right for america. he would stand with israel and that was a very, very big part of it this morning. he held a big fund-raiser which was a secondary aspect to this. this is the last leg, mr. romney plans to come home the day after tomorrow and he is looking to sort of put the controversies of

london behind him and move forward here with the poland message that he has president of the united states will be a better ally to a number of countries be it israel or in this case pole lan and europe. rick: carl cameron on the phone from poland. carl, thank you very much. a safe trip home. why is poland so important to u.s. interests? well, it is a major u.s. ally. poland joining nato back in 1999. it will play a major role in missile defenses with a planned deployment of land-based interceptors in the year 2018. poland has also been very helpful to u.s. actions overseas. poland commanding a full division of foreign troops in iraq. poland also sised the u.s. in afghanistan deploying 2500 troops. jenna: a historical context of the polish city of ga dance where mr. romney is. many ethnic germans lived there in 1939. the germans invaded and took

the city by force. germany and france declared two days later. it was heavily leveled after allied and soviet air raids. the soviets seized what was left from of the city from nazi forces. after world war ii gdansk became a part of poland the polls renamed the city it has today, the gdansk. shipyard workers began a protest considered beginning the start of overthrow of communism. polish independence came not much later after that. rick: romney's campaign continues to try to capitalize on you didn't build that comment that the president made on july 13th. the romney team launching we did build this bus tour across several states. obama campaign responding that the tv ads saying that the president's remarks were 10 out of context.

kimberly strassel a columnist from "the wall street journal" wrote a column on the you didn't build that controversy. why is the comment apparently made off-the-cuff at a campaign rally gotten so much traction for republicans? >> it is getting traction because it is a comment that goes at people at a gut level. not so much what we have been talking about in this presidential race. how well has the president mappinged the economy. is he doing a good enough job? too big of government? this goes to emotional level of people and goes to the question do they identify with the president? does the president identify with them. does he understand what millions of small business owners get up every day and do and does he appreciate it. that's what the republicans are purring very hard. this comment struck a lot of people, people who are not that focused on politics. that is which the white house is worried. rick: the president says the remarks were taken out of context. the campaign says the president made a grammatical error, he should have used

those instead of that. he was referring to the roads and wriges, not businesses. why aren't the explanations not being put out there and why aren't they taking hold? >> both republicans who are attacking and president's team attacking those four words have resonated they have been in a lot of campaign come meshals it is broader speech beginning to cause him a problem. that is one of the reasons this is continuing and getting wider play. the more people look at the comments in roanoke, it was entire tone of the speech, the thrust of that section that ended with you didn't build that. prior to that the president made some comments, well, you know, i'm struck by people who think they are smart. a lot of people are smarter. i'm struck by people who think they work hard. a lot of people work hard. that too is striking a lot of voters out there as maybe somewhat demeaning to these american concepts, these american aspirations of hard work, ingenuity, hard study, that is what helps you get ahead. if the president doesn't believe in that they want to

take a second look at this president and say are you the guy they want in the oval office? rick: why is this such a tight race, kimberly? with the economy where it is. unemployment rate stubbornly high, not going anywhere you think perhaps governor romney would have a double dirge it lead and he doesn't. why not? >> this is why the white house is worried about this, one of the reasons, fundamentally people don't like big change. there has to be a very profound reason to kick out a sitting president. two, people fundamentally like barack obama. they may not always appreciate the job he is doing as a president. they may not think he is doing such a good job handling the economy but they think he is a december guy. when comments like this come out and they begin to look at him wonder if he actually is someone they can identify with that is what hurts the president. that's why they're responding and one of the more unusual things about, the president actually cut an ad to refute some of the criticisms that he is getting on you didn't build that. that is place presidents

don't want to be in. that is a measure how concerned the campaign is where this has gone. rick: the governor's campaign think this issue has legs, right? they will ride this to november? >> think about how long this is lasted. we're used to presidential campaigns things come, make a splash, the next thing no one can remember what happened. this has been going on since the middle of july. it continues to gain strength. the president himself guaranteed that it was going to stay in the news longer by cutting that ad next week. yeah, the romney campaign is out doing this across the country. they are cutting ads in specific swing states, highlighting business owners in the states. they think it highlights a profound difference between the them and the president on a government centric view and free market centric view. rick: kimberly strassel, columnist for "the wall street journal" owned by the our parent company. >> thanks for having me. jenna: we're seeing an report from the associated press an official saying greece is sending 1800 more guards to the turkey border as the syria refugee crisis

grows there. that is happening that we're getting report of battle in syria. pivotal one, government forces using heavy weapons against its own people trying to take back control of the country's largest city. the gop has been blasting the president's position on syria while governor romney wraps up the mideast portion of his own trip. we'll go more in depth on "happening now". rick: suspected mass murderer james holmes is set to face the judge just minutes from now in the colorado movie massacre case. we'll tell you what his attorneys now want and what it could mean for the case against him. jenna: plus former president bill clinton set to take a prominent role at the democratic national convention, something he didn't do the last time around, for obvious reasons. why the change? we'll talk more about it, coming up.

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jenna: governor mitt romney highlighting differences with the president on foreign policy while on a visit to israel. you're seeing some video of that right now. the governor never mentioned the president by name but he did say preventing iran from obtaining a nuclear weapon should be america's top national security priority. one of governor romney's supporters going one step further, accusing the president of not taking the lead on iran or syria. take a listen. >> well i certainly give him credit for getting osama bin laden and the drone attacks

but candy, let's be clear where we are. look at the situation in syria where essentially he outsourced leadership to the united nations and is this a surprise that china and russia don't want to support freedom in syria? jenna: that is senator ayotte from new hampshire. joining us now, wyoming senator, john barrasso, nice to have you on set. >> good to be with you. jenna: everyone is talking about the economy being the number one issue. why spend so much time on foreign policy right now when so many people are out of work and just don't have any prospects to find jobs? >> i'm focused significantly on the economy. was there this weekend in wyoming. that is what people are talking about, jobs, the economy, the debt and amount of spending this president continues to do. we need to get people back to work. we're at 8.2% unemployment. it has been that way for 40 months. the president's made a lot of promises. they have all been broken. people want to get back to work. foreign policy is important because it talks to a level of leadership that we see

and mitt romney has that leadership. we've seen it in israel. jenna: let's talk a little bit about the specifics of about leadership. some have suggested when they heard mitt romney speak specifically about the issue when it comes to iran and israel he sound very similar to the president. the president's stance on iran and israel. what would you highlight as the key differences that mitt romney, a president romney would bring to the table on that issue? >> it is mitt romney's strength in dealing with this issue. the president has come really kicking and screaming to the table in regard to sanctions against iran. the senate passed sanctions. the president lobbied against them twice in 2009 and as well as last year in 2011. to me it looks like the president treats israel as an obstacle, rather than a friend and ally. we'll never have that with mitt romney. he knows israel is our french and our ally. jenna: you really think the president believes israel is an obstacle? >> i believe he has been treating israel like an obstacle. his relationship with the prime minister of israel today is probably a low

point in relations between the united states president and the prime minister maybe of the last 35 years in the history between these two nations. so yes, i think it is at a low point. the relationship is frosty. jenna: what does that mean? when you take away take back to the voters in wyoming, for example, what does that mean for them, that type of relationship? >> well the people in wyoming are really focused on the economy but in terms of the issue with israel, our french and ally, a source of democracy, freedom, the single source of democracy right there in the middle east, our greatest friend, the president ought to be focused on iran, a nuclear-armed iran. i think iran is closer to having nuclear weapons today than when president obama came into office and think that is a significant problem for security in that area. the president continues to seem to me, at least, to blame israel for an israel israeli-palestinian relationship when in fact the president ought to be focusing on iran. jenna: 99 days out from the

election and the olympics are on the television. when you're watching them at least in new york state, popping up on every commercial break is the president with a campaign ad, even in new york state. so comes to the issue of driving the conversation. i'm curious your thoughts on this. there have been some criticisms of the gop being out of touch with the american people. how do you change that, 99 days out from the election, bring it back to jobs, get mitt romney back here in the united states? what is the first move you think the gop needs to make in these 99 days to really make sure that they're competitive for this election? >> what we have to do is play president obama's own words. if you have a business, you didn't build it, somebody else did. in wyoming i hear a lot about that. people are hearing it all around the country. every community there is bakery where somebody is there early, working till late at night, a dry cleaner, a carwash. you name it all around the communities, the florist, people get up early. they work hard. they have built these businesses.

barack obama didn't make that happen. he says the private sector is doing fine. it's not. and he needs to realize that. all we need to do is continue to show that president obama is really out of touch and he is inherited a bad economy. he made it worse. jenna: only about 30 seconds here there will be some sort of compromise on the tax issue before the election comes into play or do you see that going past the election? >> the president wants to raise taxes at a time of economics like this and i think it is wrong to raise taxes on anyone during chick times like this. the democrats in the senate voted to raise the death tax last week which is going to hurt farmers, ran customers, owners, small business owners. >> do you see coming together in the weeks before the election. >> i think you see that after the election in the lame-duck session. jenna: senator ba racicot sew, thanks. >> thanks, jenna, the colorado movie massacre will hear the formal charges.

what is in the case against james holmes? our legal panel weighs in. send money to anyone's checking account with chase quickpay. all you need is an email address or mobile number. you're welcome. take a step forward and chase what matters.

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rick: take a minute now to catch you up on some major developments in the investigation of several high-profile national security leaks. congressman peter king is chairman of the house homeland security committee. he is joining a growing list of top lawmakers saying the leaks came from the highest levels of the obama administration. chief intelligence correspondent catherine herridge is live in washington with more,. >> reporter: thank you, rick. the head of the house intelligence committee made news this morning telling fox he believes the leaks continue and congressman rogers suggested that the president obama has not done enough to shut down the leaks. >> we've seen more leaks, axe slewly. part of that is a opportunity for the president to be bold and take a stand and stand up and say my administration will cooperate fully and

that my staff, my staff, should not and will not participate in coordinated or uncoordinated leaking of classified information for any reason. it's a crime. >> reporter: adding to the comments the head of the senate intelligence committee, democrat dianne feinstein that human intelligence assets had been compromised congressman rogers tells fox the damage is far-reaching. >> we know sources self-selected out of cooperation around the world. we know that operations have had to change fundamentally. we know that operations have been shut down. >> reporter: if the white house wants to avoid a special prosecutor, rogers says they must fully cooperate with interviews and documents, rick. rick: catherine, any reaction from the white house? >> reporter: the white house's position has been they think it is offensive that anyone would suggest the leaks came from the white house but based on the investigation by his committee, congressman rogers now joins other republicans, classified information came from a small group of people who

had access to the white house. >> this is very clear that somebody who had access to the white house situation room, had very senior covert action classified material was responsible for some of these leaks. that is not a big group of people. >> i believe this has to have come from the highest levels of the obama administration. certainly from within the white house and most likely from within the national security council. >> reporter: for context what we have now we have a the chairperson's of the senate intelligence committee as well as the house intelligence committee, both suggesting that the leaks came from pennsylvania avenue. you recall senator feinstein made those comments last week and was then forced to walk them back, rick. rick: catherine herridge in washington. thanks. >> reporter: you're welcome. jenna: court action moments away in the colorado movie massacre. the suspect, james holmes, is set to hear the charges against him but that's not all. the role his mental state may play in this pl the

media leaks in the case. we'll go in depth on all that coming up. no relief? sight for the extreme drought gripping the country the worst in decades. it goes way beyond the impact to farmers and affecting all of us. we're live with the story on "happening now" this man is about to be the millionth customer.

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that should have been theirs. that's why at ally we have the raise your rate 2-year cd. you can get a one-time rate increase if our two-year rate goes up. if your bank mes you miss out, you need an ally. ally bank. no nonsense. just people sense. jenna: now this fox news alert. accused colorado mass murderer james holmes in court right now where we will hear the formal charges against him in the deadly shooting rampage at an aurora movie theater earlier this month. just to be clear, what you're seeing on the bottom of your screen is not live pictures of holmes. that's what we saw last week. it is the only video of we have of him and only video we will get of him at least right now. the defense expected to bring up media leaks in the case they say violates the judge's gag order. you're seeing the court in the top box on your screen. holmes's mental state could be an issue in today's hearing. we'll see about that. fred teece, former

prosecutor and dr. brian russell, psychologist is where is with us. fred, let's talk about a mental state. they are suggesting not whodunit. i will call homtz the alleged murderer because he is technically alleged at this time. people say it is not a whodunit but a strategy from the defense. what are you seeing sitting in front of the defense and how do you think the mental state of holmes will be brought up. >> you call him alleged, but in my opinion he is guilty. i'm not calling him alleged. i will call him the shooter. the the facts and evidence against him are so overwhelming that he engaged in the criminal activity. as the defense lawyers well know they can't defend him on facts of the case. they have to go to his mental state. in colorado the burden is on the state of colorado to prove that the guy was not criminally insane, that he understood the nature and quality of his acts. that he understood what he was doing was wrong and could resist the impulse to do these things and didn't. that is the way i think the

case will play out. that is where the battlefield will be. jenna: dr. russell can someone be insane and be mentally disturbed and still no know the difference between right and wrong and be tried as a regular person that doesn't have those issues? >> absolutely, jenna. good morning. it is important to keep in mind even a fluidly psychotic person should be held accountable for his or her actions if they or she knew what they were doing and knew what the conduct was criminal. the insanity has been around since the beginning of humanity, jenna. the reason we don't want people to be executed or imprisoned with life without parole. but i can tell you jenna, anybody who fits that bill is not going to be mentally equipped to be engaging in the complex planning an concealment that we saw in this case. jenna: so that concealment has been referred to in this

notebook that was apparently sent to a psychologist. dr. russell, on that, the defense might be filing a motion. we expect to see it to claim that notebook that was sent to that doctor is privileged because holmes was a patient of this doctor. is it privileged? is that something that shouldn't be exposed to the public? >> i dispute that assertion, jenna and the reason is because i don't think that this communication occurred in the context of the doctor/patient or the treatment relationship. but even if it did, jenna, the only plausible or even, you know, potential defense in this case is an insanity defense and as soon as the defense inserts the defendant's mental state into the case then it becomes fair game for the prosecution to find out about the mental history and records as well. so i think it is an interesting legal question but practically i think this information is going to come in. jenna: fred what do you think about that? how big of a deal is that notebook really?

>> without telling what is in it i think it will be really big deal. shows he knew what he was doing. he sent it to the woman. the fact that he rigged his apartment to blow up, if i'm the prosecutor, i'm arguing that was effort by him to conceal evidence from law enforcement of his crime. when you look at it i think it will undermined the insanity defense. we'll see what is in the book. that is evidence he sent to her. on some level that he knew something was wrong. jenna: there will be arguments about that notebook. we'll not hear anything from inside the courtroom right now. no one has a blackberry. no one has a computer. members of media there, had bags search and families of the victims. it is a very closed court right now, fred, what is interesting, several media outlets including this one, have filed a request to unseal documents in this case because the argument on behalf of the media is that the public has an interest in the case. that they have a constitutional right to know, the public in general to know the details of this case. fred, what do you think about that?

>> they're not wrong about that, jenna. our constitution assures all defendants have an open trial, open to the public and the public does have a right to know and quite frankly the victims do too. the here's the thing. you already have seen the defense argue as a result of leaks to the press their ability to properly defend this guy has been compromised. job one i get what the media wants, job one to make sure this man is properly tried, convicted and sentenced and ultimately pays the price for what he's done. right now people are arguing, the defense is arguing that the media will compromise the ability to defend this guy and on the other hand compromise the state's ability to prosecute the guy. i don't want to give them an argument. jenna: sure. doug, as opinion not as a lawyer but a psychologist. we know a lot of details about this case but just in general is it good for the public to know all the details, the tiny details of someone who allegedly went

and had the purpose of killing in the people? is that really something that we need to know that is good for us to know? >> well, jenna, my particular concern along those lines would be kids being exposed to too much of it and focusing on it too much and becoming worried that the world is unsafe and unpredictable and all like that. in general i feel that the media involvement in a case like this expands the size of the courtroom big enough to include or encompass anybody in our country that wants to be present for proceedings. i think that is a good thing. but i don't think people ought to be spending a lot of their time dwelling on the gory details of the case, no. jenna: hard for all of us to figure out, children included but adults as well. dr. russell, nice to have you and fred for your expertise. thank you. >> thank you. >> thank you. rick: we are america's election headquarters and there's some news on former president bill clinton. the obama campaign now confirming the former

president will play a prominent role at the democratic convention, making the case for president obama's re-election bid. so what impact will this have on the race for the white house? we have former advisor to both the clinton-gore and gore-lieberman campaigns. terry holt is former bush-cheney national spokesperson and former senior advisor sore to the rnc. terry, you first, isn't the same bill clinton who criticized the president on taxes and went out of his way to praise mitt romney's business background? >> exactly. this little stroll down memory lane is fraught with risks for this president. remember, he will say anything. we've seen that before. he called barack obama's campaign, a fantasy at one point when barack obama was running against hillary clinton, if you will recall. but this thing could go two ways i think. it could go this way. president clinton resided over a period of relative economic prosperity and it may remind people of what

this president, president obama is not, a leader on the economy. the other thing is, remember bill clinton was a filled lan dering a duled earlier. a person who had sex with an intern in the white house. who sold the lincoln bedroom. it could go both ways and both waives are bad for president obama. rick: peter a prime speaking slot for the former president. is owe the best messenger to make the case for a second obama administration? >> if that is the best that terry has, absolutely. >> that was good, peter, come on. >> the notion that this president will be anything other than an asset to this campaign, at the convention, prime time speaking slot is, ridiculous. i mean, he did proside over a great period of economic prosperity. the last one we've had really. he is very good at contrasting the vision of what, where we need to lift up folks who haven't been there yet.

everyone remembers the i feel your pain line in the '90s. people poked fun at but it worked. i think it is a very shrewd move i about the obama campaign to tee up their convention. they will be coming out of the republican convention and president clinton will draw a very clear contrast to what the romney campaign will put out. there will be no george w. bush, by the way at the republican convention in tampa. i would like terry comment why that is the case. rick: hold on, i will, questions, gentlemen. i want to ask you about the former president's ability to reach a certain voting bloc that the current president has had a tough time reaching and has not been very successful with him, white males. bill clinton, can do that, can't he? >> i think that is precisely what this is about. over the past 3 1/2, four years, barack obama has become disconnected from the middle class, from independent, and ticket-splitting voters, people that were crucial to his election in the last go round. so this, this is about

president obama trying to get a little bit of love from independents and ticket-splitting democrats and republicans. bill clinton has achieved a certain stature, a certain statesmanship that barack obama is trying to piggyback on. i think, peter is right, they need to reconnect with the middle class. this is one day they will do it. i tell you, wednesday night speech in august ain't going to get it done. rick: peter,ing a you suggested it gives democrats to show party unit. neither former president bush will attend the republican convention. in a rate as tight as this one is, peter, is bill clinton a difference maker? >> i believe he is. i agree with terry, it will be a very close election. it will come down to the independents and ticket splitters. that is where clinton can be a big asset to the obama campaign. i don't see anybody in the republican side that can really do that. dick cheney has come out now

and giving some interviews but i don't think he is the type of person that could reach those independent and swing voters. so i think that this is a really good card that the obama administration is playing and i think president clinton cherishes being in the limelight. so i think it will be a really big boost for the obama campaign. rick: no disagreement with that comment from peter. thanks, peter, terry, we'll have to leave it there. >> always good to be here. >> thank you. jenna: some new troubles related to the extreme drought gripping much of the country. how it is affecting not only what you pay at supermarket but what you shell out what you pay at the gas station. that is very important. we're live with the story. the olympics were said to be sold out and what is up with the empty seats? rick: we were wondering at my house. jenna: people don't want to go? what the olympic committee is doing what looks like a whole bunch of empty seats. we have that just ahead.

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jenna: extreme drought is

one of our big stories here on "happening now" is fwriping much of country and it is only getting worse. the usda adding 76 counties to the official list of drought disaster areas. we have 1300 counties across 31 states. dry, hot conditions hitting farms this summer reigniting the food versus fuel debate. fox business network's jeff flock is live in illinois with more. hi, jeff. >> reporter: how to you. corn is pure gold these days. we're on top of an ethanol plant. these ethanol producers are competing with livestock producers now for this precious corn. if laurie pans out to the left, you see corn as far as you can see and it is $8 a bushel. double the price than it was at the start of this growing season. i have jeff cooper of the renewable fuels association. people are say, livestock producers, breaking news are asking president obama to issue a waiver of the mandate that this ethanol gets blended into our gasoline. they say it is driving up

the cost of fuel. is that true? >> no, it is not true. it is very unfortunate and misguided for the livestock producers to be taking that tack. eliminating or abandoning our ethanol problem program isn't going to meaningful reduce corn prices. >> reporter: listen to this i can hear the corn running through your processers. you're making corn and competing with livestock producers for precious corn. doesn't that drive prices up? >> sure anytime you put demand on product it will impact the price. what i want to point out this industry reduced consumption of corn dramaticly in response to higher corn prices. we're operating 20% below the levels. >> reporter: i love that. listen to that of the to hear the corn running through this chute here. how is it just to make ethanol with $8 corn? you were starting to make it with $4 corn. what does that do to your profit? >> well, you know the ethanol profitability equation is based on a

couple things. the input side, the price of corn and output side, what are gasoline prices doing. >> reporter: you're still cheaper than gasoline? >> that's right. ethanol is 25 or 30 cents under gasoline. >> reporter: i appreciate it. this is it what a ethanol plant looks like. you can see that out there. they're making ethanol. they're competing that is the marketplace for you. jenna: certainly is, the food versus fuel debate continues on. thank you very much. jeff flock in illinois. rick: imagine if your morning commute, the train schedule looked like this? take a look at that. this is what 300 million people, more than the entire population of the u.s. and canada combined are dealing with right now because of a massive black yacht where this travel nightmare is taking place and what is being done to help as it is very, very hot outside. the world's attention supposed to be the focus of the olympics in london but where are the fans? we'll take a look. are you receiving a payout from a legal settlement

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rick: almost as if someone pulled the plug on an entire nation. much of northern india in the dark. a massive blackout leaving about 370 million people to deal with the sweltering summer heat. david piper is live in bangkok, thailand. david, what is behind this? >> reporter: well, we don't really know, rick. from what the indians are saying at this time they suggest maybe some of the states in northern india were taking too much power but they have launched an inquiry now. but the real concern is getting the power back on because the capital, delhi, actually lost power for eight hours today and millions and millions of people were affected as you know, rick. rick: tell us about the impact of the blackout and how long until the power is back on? >> reporter: well, actually

it went off around 2:00 a.m. sunday morning i understand and of course you've got the monday morning rush hour. in india of course uses electric trains, the metro system in delhi went down for three hours. interesting the country, bhutan, sent power to india and that helped get the lights and trains back on. also the traffic lights went out. the hospitals were affected and also the airports. so a real struggle at this time. but we do understand they're working hard to get it back on, rick. rick: david piper live for us in bangkok, thailand. david, thank you so much. the temperatures, jenna upwards of 90 degrees or higher. can you imagine what it must feel like? jenna: very important part to the whole story. crazy. at least they have the lights on at the olympic because that would be a even bigger story, right? what would we do then? we're only a few days in, there is enough empty seats in the olympics the organizing committee is doing damage control already. what is going on with all

the empty seats. patti ann browne, what do we know? >>eporter: a lot of people want them but as this year's london olympics there are thousands of empty seats, often in the front rows. why? some are reserved for athletes and olympic officials and sometimes skip events in early rounds. 8% go to corporate sponsors like coca-cola. they insist their tickets are being used by employees, customers and contest winners. but "the daily telegraph" blames ticket agencies who get left over tickets from the committees from foreign countries. these agencies hold onto many of the hottest tickets to tell them last minute at up to 10 times the face value. it is illegal under ioc rules to sell the tickets more than face. but agencies get around that by including the tickets in hospitality packages bundled with hotel rooms. wealthy clients will pay almost anything to see their favorite team in the final. so the agencies make a huge profit on a few of the

packages. he remainder of estimated 50,000 tickets go unsold. up to 70,000 cheaper tickets don't always sell through the agencies. the games organizer wants to buy them back to get them to many, many people who absolutely want them. but the process of returning the tickets is so expensive, the ticket agencies, get this, jenna, reportedly throw them away instead. there are 8.8 million tickets for the various sessions of the olympic games. unless the olympic committee changes the system, likely at least a million will go unused. >> that is just incredible. if you were in london right now because a lot of the londoners wanted to go to the games and knew all the tickets that were not being used that would be frustrating,. >> reporter: a lot lost out in lotteries. they see the empty seats and it is a shame. jenna: patti ann, we appreciate it. rick: we love the olympics. jenna: you have a front row seat. rick: not that i wouldn't mind being there. that would be a lot of fun too. jenna: i don't know about all of you i get very

emotional. i was watching synchronized diving yesterday and americans came in silver. rick: that got to you? jenna: got choked up. synchronized diving. very emotional to watch olympics. i watched hours yesterday. rick: new side of jenna lee. jenna: synchronized diving. imagine what happens when we get to the all-around gymnasts forget about it. rick: mitt romney wrapping up his overseas trip. he is in poland and we'll tell you what the republican has to say and we'll have a live report on governor romney's visit that is minutes way way 0

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hearing as well. we are waiting for court to be adjourned, which could come at any moment, but there is a lot of issues that are before the judge today. we expect holmes will be charged with 12 counts of first-degree murder. at least 58 counts of attempted murder plus possibly charges related to explosives found in his apartment. also today the defense may raise the issue of holmes' mental competence to stand trial, one of the big issues we've been discussing. we will bring you all the news as soon as they break. our legal panel is standing by to weigh in a little later on in the show. we'll turn to colorado as we get that news. in the meantime we'll turn to politics. presidential candidate mitt romney arrives in poland today after taking what some are describing as a hard line in a speech in israel in support of that country. we are glass you are wit glad you are with us, i'm jenna lee.

rick: i'm rick folbaum in for jon scott. governor romney arrived a short time ago in poland which is an important nato ally of the u.s. meeting with the prime minister there and meeting with the former president who led the movement against soviet official and who would not meet with president obama when he visited poland last year, by the way. we are live in our washington bureau with more. >> reporter: governor romney met this morning with formal polish president who told them that they will do the best to restore the u.s.'s position. romney stirred a hornet'sness in london when he said he found some aspects of the british authority's preparation 0 for the olympics disconcerting.

in israel a fundraiser for the jewish state had to be rescheduled because it conflicted with a jewish holiday. while romney met with palestinian prime minister, other palestinian leaders were sharply critical of remarks that the governor made at fund-raiser in which romney contrasted the per capita gdp of the israelis and palestinians and attributed the disparity to culture. they said he should have sited the israeli occupation as the chief impediment to progress. they have been careful not to criticize mitt romney by name. before an audience at a cultural center in jerusalem there romney said that the incumbent president has failed to check iran's progress toward a nuclear weapon's capability? five years ago at a conference i stated my views that iran's pursuit of nuclear weapons

capability presents an intolerable threat to israel, to america and to the world. that threat has only become worse. >> reporter: recent polling indicates that although president obama's standing with jewish voters here at home has slipped markedly since 2008 he still enjoys a commanding lead over governor romney over that portion of th the elevtorate. rick: romney will be in warsaw so many. its nickname is the phoenix city because it survived many wars throughout history including being nearly destroyed by the germans in world war ii. last year the city unveiled a statute of ronald reagan a cold warrior who supported poland always solidarity movement which led to the end of communism. jenna: a lot of calm par sons arcalm par sonscomparisons are

being made. a lot of people are saying it looks like the bush-kerry contest in 2004. michael brone is a senior analyst for the washington examiner also a fox news contributor. i'm sure you've seen a lot of comparisons for this election and many others over the years. why is this comparison being made? >> i think some democrats say that look this is an incumbent in a narrowly contested election, and he's trying to disqualify the challenger. they site the swift boat veterans for truth group ads for john kerry, the democratic challenger in 2004 and compare it with the obama campaign against bain and company and mitt romney's business practices there trying to disqualify the challenge certificate. i agree with the brookings institution who wrote a writing in the new republican, bill was a deputy domestic adviser in the

clinton white house that there are a lot of differences between these two elections. i think that this analogy breaks down fairly early in the process. jenna: one of the ones of the variables are point out is the economy. in 2004 you say it was not the paramount issue. it was a big issue but not quite as big as it is. you bring up the fact that the american voter has changed dramatically so since the election of 2004. tell us a little bit more about that. >> since the mid 1990s the popular house for house of representatives has been a pretty good proximate see for the standing of the president and his party. if you look at the house popular votes in the four congressional elections preceding that 2004 contest we find it's very steady, in a very narrow range. the republicans are getting between 48 and 51% of the popular vote. democrats between 46 and 49. that is historically unusual to have such stable voting patterns. the 2004 election did turn out

to be an election that was very closely divided, in which there were not too many undecided voters, and in which both campaigns opted on that assumption and concentrated on getting their turn out and the actual results both for president and in the house popular vote were within that same narrow range. jenna: that is interesting, if i could just jump in, a lot that you point out in your article, a lot of the efforts were getting the faithful to go vote, to make sure that those that are republican or democrat go vote in the 2004 election. what we are seeing this time around is a courtship of independents. i was curious if you think, as someone who watches politics whether or not it's just in vogue to be an independent, it's like a fashion trend in politics, is this sort of coming up and something that is cooler or do you think there is a fundamental shift in the american public in how we vote and politically identify. >> there is no question but that that stable voting pattern that identified has not been the case for the last seven years. if you look at the last three

congressional elections before this presidential election you see that the two parties percentages are not within a narrow 3-point range but within a wide 9-point range. people have been changing their mind in response to issues, in response to the iraq war, in response to the situation of the economy, in response to obamacare and other issues, and have been switching around. so while the polling during this campaign cycle for the last three months has been fairly steady, i don't think we have the assurance that we did in 2004 that there is not going to be a lot of changes. and one way that shows up, jenna, is that in the list of target states, a lot of analysts have been basing their analysis on using a benchmark of the 2008 election result. but the fact is that states of indiana, which obama carried in 08 and missouri which he lost by 3,000-some votes, those aren't on the target list any more. the target list is switched and now generally includes the list of battleground states, includes

michigan, which obama carried with 57% of the vote. wisconsin which he carried with 56. that means the field has shifted. i think that we -- you know, the field may shift again either for or against president obama, for or against mitt romney. we are dealing with a more fluid electorate, and dealing with a situation where on the one major issue the incumbent president, mr. obama does not have nearly the support that george bush had on the several smaller issues, and which most voters concentrated in 2004. jenna: a very interesting piece, michael, thank you for joining us today. bret baier is joining us now from las vegas, which hopefully he's got even the gambling in and it's to work now, none of this playing around in nevada. it's an important key battleground state this november. you just heard michael barone talk a little bit about voters and where the parties are targeting, you know, and how

they areertain groups. tell us a little bit about nevada and why it's such an important state this time around. >> jenna, this is really ground zero of one of those battleground states, probably of a dozen. but nevada is definitely in that batch. and i'll tell you this. every time you turn on the tv here there is an ad, a political ad one way or another. clarke county where we are standing and obviously las vegas in that makes up about two-thirds of the register voters in nevada. there is a big advantage for democrats, registered democrats out number registered republicans here by about 40,000, but that's been cut a lot since 2008. the rest of the state leans republican, some places more than others. so the battle here is for clarke county if president obama can run up the score in this county, then mitt romney will have to out perform in other places around the state. it is going to be a tough test. jenna: it's interesting that there is so much battling going

on, for one reason, i'm sure there are several you'll be talking about in special report. but the economy, nevada has been hit so hard by the economy, the housing crisis in particular, it's interesting that the battle is still so close. if it's a bouncy economy one would think there would be a referendum on the sitting president, but that is not the says in nevada . why is it so close right now? >> that's a great question. the unemployment rate here for the state of nevada is 11.6%, highest in the nation. you have in clarke county it's closer to 12% and you have a lot of people concerned about foreclosures, it's still number three in the list of states of highest foreclosures. so you're right, the economic situation here is definitely most people would tell you wrong track. but there are other factors that are at play here, immigration plays heavy in this state. the hispanic population in clarke county surged by 80% over the last decade. so you're seeing those voters now factor in. i think you're seeing a lot of

republican focus on getting out the vote in the rest of the state to see how it plays here in clarke county. one other thing, of the battleground states right now we should say, jenna, if the election were held today and you believed all the polls, the average of polls in 12 battleground states, president obama would be leading in ten of them, and he would cruise to re-election as of today if you believe those polls. we have a long way to go until you get to november 6th, and a lot can happen, as michael just mentioned, pretty quickly. jenna: we will quick here, what questions are you going to be asking as you hop around to the different battleground states? what is on the top of your mind to ask the people that are voting there? >> we talked to a lot of small business owners, people concerned about various issues. we want to talk about the issues, what people are feeling in these different places. we've identified about 30 counties around the country that this election likely will swing on. here business owners, they are concerned, and they are concerned about a number of things and we'll bring that to

you tonight on special report. jenna: do you have a little time for slot machines? those are my favorite. we'll send you about a 20 to play on "happening now," just to relax at the end of the day. >> blackjack. jenna: you're getting a thumb's up from rick folbaum by the way. special report is on the road all week out west. bret baier will be from nevada tonight. the rest of the week as well. 6pm eastern time. rick: blackjack. jenna: that's your thing? i wouldn't peg you for that. it's very sophisticated. rick: the mayor is not too happy with the picture on the screen we'll show you in a moment. we'll tell but a new program he is pushing. jenna: he doesn't like babies. rick: he loves babies. he doesn't like babies being bottle fed and a lot of moms in new york are upset. jenna: bottle fed by formula. we'll have to explain that better. doctor manny will be here to tell us about that. we are waiting word about the

formal charges against the accused mass murderer james holmes. fox news is monitoring everything out of that courthouse in colorado. our legal panel will join rick momentarily to talk a little bit about what is ahead. rick: still ahead more washington heavy hitters are worried about our national security. mike emanuel has a preview of that. >> hi, rick, hello from alongside the u.s.s. wisconsin a battleship. those heavy hitters from the united states senate are on tour. norfolk, virginia is stop three where they will put the spot light on looming massive defense cuts. a live report is coming up. ♪ [muc plays] ♪ [music plays] but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast.

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that the senators are talking about as they go from stop to stop on their tour? >> reporter: they are visiting huge defense communities in four battleground states. the theme is preserving america's strength, talking about the impact to our national defense, and also our economy of these defense cuts. near is senator lindsey graham sending a message. >> politicians, you know, quite frankly respond to pressure, and i'm urging every defense industry that could be affected by sequestration to put your employees on notice before november. the more it becomes real to us as to what comes the nation's way the more likely we are to solve the problem. >> reporter: next stop is fayetteville, north carolina then here to norfolk, virginia. rick: let's not forget the sequestration thing is a problem of the senators' own doing from both parties. they have to sit down and hammer out a deal. what are the senators saying

about the defense cuts and what will they do to fix it. >> reporter: one senator sent a letter to the others pledging bi-partisan support. dick durbin called on president obama for help. >> with the president's leadership we can come together. there is a bi-partisan answer here that will reduce the deficit and still create an environment for economic growth. >> reporter: bottom line, these republicans are calling on the commander-in-chief to step in. again, they will be here later this afternoon in norfolk, a community that would be affected not only from the military perspective but of course small businesses across this community. rick: mike emanuel for news virginia. mike, thanks very much. jenna: we are just learning now that the hearing nor jame for james holmes has just wrapped up in colorado. we will have the latest from the courthouse after a short break. back to politics for a moment. governor mitt romney getting a fair shake from the media overseas and also here at home on his trip. we will have a fair & balanced

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jenna: fox news alert. we now have the counts against the alleged shooter in the colorado movie massacre. alicia acuna is live outside the courthouse with more. >> reporter: this is a hearing that lasted just 45 minutes for james holmes where he heard the charges that have been filed against him. i'll get to the big stuff first. 24 counts of first-degree murder and 160 counts of attempted murder. now i'm joined by fox news channel field producer jennifer gerden. she was inside the courtroom there so she had the benefit of seeing the suspect as well as seeing some of the victims and family members who were in there as well, and there were additional counts charged against him. can we go over those. >> yeah they charged him with

one additional count, a sentence enhancement for inciting violence and one extra count of possession of explosive devices. >> reporter: explosive devices would be for the second scene, his apartment, which was as we know, as police say was loaded, head to ceiling -- ceiling to floor with explosives ready to go, ready to blow as soon as someone opened tkaor door there. you saw james holmes, correct? what was his demeanor? what did he look like. >> he still had the orange and red hair. it was pink orangey on top. he hadn't shaven. it was hard to tell his demeanor we didn't have a great view of him. he was looking around, looking at the judge when the judge talked. he looked like he knew what was going on. looking out at the gallery a little bit. didn't look quite as dazed as last time. i didn't have the best look at his face.

>> reporter: when he was advised of his rights last week which only last aide few minutes he was kept separate from everyone else in the courtroom, even most of his defense team he was in the jury box. where was he located this time. >> he was down with his defense team. they had a table set up and he sat right next to his defense team. >> reporter: there were 35 seats for members of the media and there were also seats reserved for victims and family members. what was that like? was there discussion there with the family members, any kind of interaction that you could see with him and them? >> i couldn't see much interaction with him and them. the family members were on the other side of the courtroom. at the beginning the hearing we saw some of them crying a little bit. most of them sr-r staring straight ahead, very solemn looking. some had sunglasses on. some had their heads in our hands. we couldn't see a lot of interaction as far as them looking at him. some of them were look at him during the hearing. they did in general look very solemn, most of them stared straight ahead and some of them were crying. >> reporter: was there any discussion by judge william si

sylvester over what happens next, what is the next step? >> they set a whole bunch much dates that are going to come out for a lot of different things. a week from now august 9th, in the afternoon, they are going to talk about the unceiling of the records, or the unceiling of the documents i should say. they are also going to do a status hearing on the privilege argument relating to the notebook, and then that on august 16th will be the hearing on the privilege of the notebook. the prosecution also agreed to get all the information to the defense regarding some of the surveillance tapes and that sort of thing that they wanted to see regarding the package and the psychiatrist. >> reporter: there were two other motions that judge sylvester was actually hearing today, one motion that was sent by the defense on friday, and their request was to have all of the information, specifically this packet that so many of us have heard about, that james holmes according to court documents sent to his

psychiatrist, dr. lynne fenton before the shooting. according to the court documents, dr. fenton was actually holmes' doctor, his psychiatrist, so they considered this to be privileged information. some of the reporting that fox news has done was that the packet contained a notebook that gave specific abouts a killing, and there was a lot of complaint by the defense that this was leaked to the media, they charged that there were people in part of the government, meaning the f.b.i., the cops that had specifically leaked this to the media, they wanted that stopped and they want that given to them. that is judging the judge is going to address. additionally the media had requested on behalf of the public that there were some documents that were to be unkraoeld on behalf of the public, that is something we still don't know if it's going to happen specifically, but it sounds like we will know in the coming weeks. jenna back to you. jenna: really quick here the defense does haven't to enter a plea at this time, they don't have to say, you know, they are pleading not guilty, or guilty by insanity, they don't have to do that? >> reporter: right, this was not

a day for james holmes to enter a plea. let me get one detail here from jennifer. did james holmes say anything, did he have to answer any questions or anything like that? >> he did not. they did waive -- they have a right to a preliminary hearing5m if he was okay with waiving that, so his attorneys briefly spoke to him, he nodded, listened and then indicated to them that he was okay with that, and so then they spoke back. he didn't actually speak, he didn't say any words today. >> reporter: yeah, no plea and he actually didn't say anything in court. so there you go. jenna: interesting. all right thank you very much with that breaking news from colorado. we'll have more on this new. rick: let's talk about it with dan shurr who is a former prosecutor and chip merlin a criminal defense attorney. dan, let me start with you. i've got to ask you if first as someone who does not have a law degree, 24 counts of first-degree murder there were 12 victims. that's two counts of murder for each victim, why? >> there's two theories of murder that they can present to

the jury ultimately, one is for an intentional killing where you intend to kill the victim and one is for extreme i indifference to human life where you do some kind of behavior that doesn't care about the consequences. they can charge different theories and it's common in states around the country. rick: 116 counts of attempted murder, dan, and we know that there were 58 people who were wounded, what does this tell you about the prosecution's case? >> well this is pretty standard that you want to present both theories of murder and both theories for attempted murder to the jury so that you can get a conviction on either one or both. the case is pretty strong. we know who did the shooting we know the consequences of the shooting. we know how planned it was. the only option for the defense is to offer an insanity defense which is going to be extremely difficult for him to succeed with. rick: chip the only option is an insanity defense? >> well it would seem to be that way. there seems to be no question that he was the one that did it. and if that's the case, and especially given the circumstances, he was seeing a

psychiatrist prior to the incident occurring, and the question is going to be whether or not his mental illness was such that he did not know the difference between right and wrong when he did this. it is a very difficult defense to prove, but it might be his only way out in this particular case. rick: chip, an interesting point that i was reading in some of the notes that we were given is that in the state of colorado the burden is on the prosecution to prove that a defendant was sane at the time that he or she committed the act, not on the defense to show that their client was insane. >> that's a great point. under the colorado rule of evidence all the defendant has to do is show some evidence of insanity and then it switches back to the prosecution to indicate that the defendant indeed was sane at the time these acts were committed. now it's important to remember that just because you have a mental illness that is not a get ou get-out-of-jail-free-card, you automatically are deemed to be insane. there are millions of people that are seeing psychiatrists and psychologists that absolutely know the difference

between being right and wrong n. this case it is the prosecution that has to show that he was sane and the defense obviously is going to have to have the rebuttal to show was insane, but that's not just because you are seeing a psychiatrist that proves you are insane at the time that this happened. rick: dan, what about the defendant's competence to stand trial? that is something we saw in the tucson shooter's case where he's getting medical treatment so in the future he may be able to stand trial. do you expect to see and hear those kinds of similar arguments from the defense with this defendant? >> the defense may raise that. we would expect them to raise anything they can. most likely he's facing a death penalty here and they are going to try to throw everything they can at the prosecution at the court to try to save this defendant's life. they may say he's not competent to stand trial but his actions during the shooting were so precise, so planned he knew which thaoet tore go to, he shot people supposedly as they were leaving the people, targeting specific people. he booby trapped his apartment. this is someone who really understood from the evidence we know what he was doing and how to accomplish his goals, and

that splice in the face of someone who doesn't understand what is happening in a court proceeding and therefore would be unable to aid in his own defense, which is the standard for him to be unable to stand trial. rick: chip, what about the possibility of a deal here, a plea deal, that i guess would spare everyone from having to go through the trial, but may also keep this defendant from the death sentence. >> wow, that's hard to imagine in the state of colorado where you have the death penalty available. rick: it's not really used a whole lot, only one person has been put to death since the death penalty was reinstate thred. >> reinstated there. >> i understand that. a lot will depend on the responses of the victims' family. in colorado there is a very strong public policy that their voice has to be heard. the prosecutor has already set up a response. they are kept up all the way through with respect to all the evidence that is being gathered in this case and certainly with respect to sentencing, they have

a right in colorado to be heard. but we'll see. this is an awfully tragic incident. it's kind of hard to believe this a prosecutor is going to agree to a plea deal given the gravity of the circumstances. rick: thank you both. we'll be right back. >> thank you. [ female announcer ] research suggests the health of our cells plays a key role

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rick: governor mitt romney making headlines during his overseas trip. has the mainstream media's

treatment of him being fair? jim pinkerton is a writer for the american conservative magazine. alan colmes is host of the alan colmes radio show. always nice to talk with you both. jim you've been watching the coverage, fair? >> i mean he obviously had a rough time in england. the british press is sort of notorious for blasting anybody for anything. however, what i think you see now is he's in israel is that the media are trying to take the narrative of england that romney makes gaafes and turn it into a larger narrative that he does it everywhere he goes. it looks to me like his trip to israel has been pretty well received. prime minister benjamin netanyahu liked him. he got a standing ovation. he's done everything right and yet the media are still trying to take shots at him wherever they can, including ultimately this horrible newsweek coverage which i bet even alan colmes can't defend. rick: we will we get to that in a minute. there it is the win factor. conservatives are complaining that when then senator obama

made his overseas trip as a candidate that he had all kind of mistakes as well, and that the media didn't really cover it. he talked at one point about being on the senate banks committee when it was a committee he didn't serve on and they gave him a free ride. >> you talk about news busters one conservative website which is the only place i've seen that kind of criticism which always goes after what it perceives as liberal media. what obama was referring to was a bill that he initiated. so when he said yeah we passed it he was referring to his own bill even though he was not on the banking committee. i want to address something jim said which is that he's had gaafes in israel. they had to cancel a fund-raiser which was scheduled for a solemn skwraoeurb holida jewish holiday they didn't realize, there was lack of sensitivity. he has an advance team that doesn't seem to understand the culture of wherever he's going. i haven't seen much sniping other than the english trip

where mostly the british press and in israel the israeli press has done a much better job covering the gaafes than the united states press has. rick: jim, what did you make of that. >> i haven't heard alan's comments on the wimp color. >> we'll get to that in a moment. you're changing the subject. rick: what do you think of alan's argument about the advance team for the governor sort of not doing him any favors? >> again, i think it's been a very successful trip. the israelis like him. you know, look you can fly stick anything and comment on it. the point is what romney has gone to israel an and done is support the u.s./israeli relationship and says israel has to defend itself. it's all what the israelis want to hear. when they take a poll they'll

say wow, he's a great friend of israel and we like him. >> he is conducting foreign policy, saying that jerusalem should be the capitol of israel, sewing shouldn't do and said he wouldn't do. he's talking about giving israel permission, respecting whatever israel water to do with iran even the notion of war. he said policy ends at the border's edge. >> they were saying this morning there is no news there, that is basically the american position. rick: let's put up the newsweek magazine cover again. this is a magazine that apparent lie is in some pretty serious trouble. the guy that runs -- owns the magazine or owns the company that owns the magazine says that it -- they might cease to print this magazine in not too long a time from now, it might go online and digital. does this magazine cover say more about mitt romney or more about newsweek? >> i think it says more about newsweek. newsweek is looking to get an audience at lest for hits nononline edition, hits print edition and it's looking to

break throughout khrulter which iclutter, which is why it may have done a cover like this. i think jim agrees with me. >> alan is right it's a desperate last-gasp attention grabber. however we've got to ask ourselves would tina brown and her liberal allies at newsweek, or in the daily news ever consider doing a cover of president obama with the same wording on it? of course not. that's the by as. they know they can get away with it with romney and nobody really will object in the mainstream media and they know they'd get murdered if they did it to president obama. rick: alan. >> i don't know about murderer. jim and i agree this was an effort to breakthrough the clutter. make waves, get newsweek a name. it's helping because we are discussing it. rick: what do you think as far as the impact that a cover like that has. here in new york city and i'm sure in lots of cities around the country you can't walk a city block without walking by a news stand and seeing at least the covers of all of the different magazines. does somebody walk by and look at that cover and does it change

anybody's mind, jim? >> rick, look i worked for bush 41 back in 1987 during that 87-88 campaign when the newsweek ran the cover about bush 41, basically the same wording. not only did we win the nomination, we won the general election in a landslide. we carried 40 states. i don't think it really matters. as alan says it says more about newsweek and their editors and desperation than anything in reality and i think the american people can see that. rick: does anybody care what newsweek have to say any more? >> not as much. jim it's nice to end on a note of agreement for a change here. rick: thanks, guys i appreciate that. alan colmes, jim pinkerton, gentlemen, thank you both. >> thank you,. >> thank you. jenna: mark the date down. just remember that one. nanny state taking on a whole new meaning in new york city and you'll see what we mean in just a moment. mayor bloomberg targeting transfats and spoking, salt, big old sodas. rick: right, yep. now what. jenna: now he's taking on a whole new fight. rick: babies? >> not babies.

does the mayor really want to ban bottle feeding with formula? make it more difficult for new moms to use formula in the hospital. what is this all about? we're going to tell you more about it and have dr. manny weigh in next. wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. four course seafood feast choose your soup salad entrée pls dessert! all just $14.99. come into red lobster and sea food differentl visit redlobster.com now for an exclusive $10 coupon. good through august 5th

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fox news alert. in a quick trip oversees we are watching new attacks in syria. government tanks and artillery pounding rebel strongholds in the city of hreb r-r in a battle that could be a turning point in the uprising. which direction we don't know at this time. hreb shinmoedake syria's largest city, oncaleppo is syria as largest city. dominique d-natali has more

information for us. >> they are both claiming victories on either side. the rebels are having to put up fire power from the regime, it's sending in mi8's and mi25 hind helicopters pounding positions across the city there. focus on a district, rebel fighters say they have control in other parts of the city particularly the center and because of the sense satisfactory tee of that area is one of the reasons they've been able to hang on. international condemnation of what is going on in sear yeah, the secretary of defensively on panetta on his way to the middle east has said that the fight for aleppo will seal the fate of bashar al-assad the president of syria. take a listen. >> if they continue this kind of tragic attack on their own people in aleppo i think it ultimately will be a nail in bashar al-assad's coffin.

>> reporter: that coffin being constructed very much by further defections of people within the regime. we've just heard from the british, the u.k.'s foreign office saying that the top lip plea math of the syrians in london has defected, a statement saying from them that he is no longer willing to represent the regime that has committed such violent and oppressive acts against its own people. also on top of that 20 top officers defecting to turkey overnight, including the deputy chief of police of of the key city of latakia on the coast. apparently the u.s. continuing to believe that such defections are a method of attrition that will undermine the regime in the long run. back to you, jenna. jenna: big story that is happening right now in syria. dominic, thank you. rick: the olympics in full swing of course with an interesting opening ceremony the other night. did you watch that? high drama in swimming also and a surging china. we'll get the very latest medal count from the games.

a mysterious lady in red crashing the opening ceremonies. who was she, and what does it say about security at the games? we'll find out, don't go away. ♪ lady in red is dancing with me cheek to cheek. there's nobody here. ♪ ♪ [ male announcer ] this is sheldo whose long day setting up the news starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

rick: update now on what was a gruesome attack. two chimpanzees that mauled a u.s. college student at an animal refuge in south africa, the chimps are being reintroduced at the center. they say they are being held in separate cages to give scientists a chance to monitor their behavior before putting them back together. nikki was shot in the leg and the abdomen after the attack and was transferred to the joha johannesburg stkaourbgs while

amadeus was held in solitary confinement. the man mauled lost fingers and toes and suffered other serious injuries in that attack. jenna: first it was smoking, then transfats, then big, sugary drinks. we've been talking a lot about that. now new york city mayor michael broomburg is targeting baby formula he's asking hospitals to keep formula in a secured storeroom, sometimes behind lock and key making it more difficult to handout to new moms who will instead be encouraged to breast feed. the campaign known as latch on nyc is being promoted across the city with posters like the one you're seeing on your screen. the health department says breastfeeding is worth the effort for both the baby and the mother. is this the right move and approach. dr. manny alvarez, a baby doctor himself is the senior managing editor of foxnewshealth.com and a member of the fox news a

team. you say breast feeding is the way to go. >> i love it, i love it. jenna: is this the way to do it keeping formula behind lock and key in. >> it is. i love the program for several reasons. we know that breastfeeding is probably the most effective thing that you can give to your child. it really minimizes all the different childhood decisions, ear infections, asthma, you name it, very protective for the mother from breast health, during losing waefplt it' weight. it's a wonderful thing. it's what god intended to happen. jenna: not everyone can have it. >> that's true, that's why we have baby formula we have lost the momentum over the last 20 years where basically in hospitals we don't do a good job educating moms. the first thing we do is put the six-pack of baby formula in the bassinet. jenna: is that the hospital's fault or the motors. >> this is an industry. there is a lot of money being made in baby formula.

there are a lot of women who don't want to breast feed. that should be respected, because it's their choice. however, a lot of woman basically fall into the trap of, well the baby formula is there, let me just give him a bottle, this is hard. lack of education, and let me tell you, hops hav hospitals have not been doing a good job. the momentum is to say look in all the modernized countries of this world, breastfeeding is the hallmark of prenatal care. jenna: let's talk a little bit about the mother. she's just given birth, she is a first time mom. she's made the choice she is going to use foam louisiana for whatever season. >> absolutely. jenna: what happens, according to this program is the nurses have to go and get the formula, bring it back, give the mom a talking to every time that the baby need more formula as a doctor, caring for the first-time mom is that really what she needs to be confronted with when she is trying to make a lot of different decisions?

>> if you paint it that way -- jenna: i'm painting it the way that it is according to the program. jenna: what you say is true. what needs to happen is once this comes into effect most obstetrician tph-s new york city will gs in new york city will go and have a conversation during prenatal care and get the breastfeeding question out of the way. you know once you have the baby i'll be right there with you. if you're going to breast feed fine, we'll get you clas classes, and the breastfeeding nurse. if you're not let us know right away and we'll get the formula out. jenna: do you think mayor bloomberg has gone too far with the soda thing. >> no it's brilliant. jenna: so you think this is the way to go with this. >> absolutely. thins have got even out of control. jenna: whether it's formula or sowed date doesn't matter. >> get back to the harassing aspect of the whole discussion. a lot of people say you're going to harass patients. you're not going to harass patients. you have to be careful. indeed if a nurse or doctor harasses the individual and says, come on, you can do it,

you can do it, you can create problems. remember, 15% of women have post partum blues, so if you compound that by making them feel guilty that they didn't breast feed that could create problems. jenna: how many women can't breast feed? >> for a lot of reason. there is a lot of myth. they say if you have a breast implant you can't breast feed, that's untrue. you can. there are a lot of people who have anatomical deformities of the breast or they don't produce enough milk and therefore you have to supplement. at the end of the day the message should be that if you are capable try it, it's god's way of feeding your child, it's very good for you, it's very good for the baby, and basically nobody is take away the formula, they are just not putting it in your face like the old days we used to because it's very easy. jenna: dr. manny you've got to run. >> you got it, i love it. i love the mayor. jenna: we'll be right back. >> bye.

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rick: busy news day today. jenna: lots going on. rick: nor a monday.