>> we remember that character. >> gretchen: how much is he worth? >> steve: see you tomorrow, same time, same channel. so long. thank you very much. good morning. the ryan factor moving the needle a little bit in the race for the white house. brand new polling gives us a fresher look at mitt romney's vp pick, congressman paul ryan. you heard his name a lot in the past few days. that is how we get started. good morning everybody, i'm martha maccallum in "america's newsroom". gregg: good morning. i'm gregg jarrett in for bill hemmer. new "washington post" poll says voters are divide but there is pretty good news for the duo. martha: before joining the republican ticket people were asked if he was vp nominee, what did you think, did you have a favorable opinion? 23% said yes, they did, for congressman paul ryan. since the announcement, that number shot from 23 to 38%. interestingly the die namics

within the number, you have a pop with independents in that number, with women and perhaps most notably among senior citizens given the fact that will be a central part of the whole discussion because ryan's plans to revamp medicare. byron york, chief washington correspondent for the "washington examiner". what do you make of these numbers? >> good morning. first thing to say we're 72 hours into the romney-ryan ticket and it is too early to draw conclusions from it. people are just getting to know him. i think the results are fairly encouraging for the romney-ryan ticket. republicans like the choice. democrats don't like the choice. people in the middle are trying to figure it all out but seem to become a little more positive toward paul ryan. so i would say for the first 72 hours they think it is pretty encouraging. martha: all over the media this morning splashed all kinds of takes on these numbers. some saying they were weak. they show he compares with

other people who didn't do that well as vice-presidential picks including palin and dick cheney and others. the romney camp is saying this is brand new information. a lot of people aren't even aware of paul ryan. don't know him yet. do you buy that argument? >> i do. most people don't pay attention. there are a number of people when you polled they don't know who the current vice president, the sitting vice president of the united states is. martha: that's true. >> they don't know who the chairman of the house budget committee is. they will learn. that is what the campaign is about. go back to barack obama's selection of joe biden as his running mate. biden had been in the senate forever. sometimes in a very prominent role. a lot of people didn't know who he was. i believe the gallup headline after him was, biden choice doesn't hurt but may not help very much. so people in the first few hours are trying to get their hands around what's just happened. martha: you were talking with me a little bit in the break before we got started about the iowa speech from

paul ryan and what you learned about it from what we can expect from the campaign in the coming weeks. what's that? >> it was under the worst sort of conditions where ryan was facing a small number, very determined loud hecklers. so much of the press coverage focused on the hecklers. if you listen to what he said, basically it was jobs, jobs, jobs. it was all about mitt romney's five-point plan for creating jobs. more take-home pay and improving economy. two words that weren't mentioned medicare and entitlements. you didn't hear paul ryan talk about the thing he is best known for in washington. martha: no doubt we'll hear more. we'll talk to karl rove to get his take on that speech and new numbers. byron, thank you so. >> thank you, martha. gregg: with the race looking like it may be a sprint to the finish every single electoral vote counts every candidate hitting each state

to woo voters. ryan and president obama within hours of each other. the top talking point? economy of course. here is congressman paul ryan. >> one thing we've got to get straight. one thing we've got to get straight we're not growing this economy like we need to. we're not creating jobs like we can in america. that is why mitt romney and i have a plan for a stronger middle class to get this country back on track, get this country growing jobs again and get us back on the path to prosperity in this country. gregg: hecklers not with standing but naturally president obama does not agree. >> their main recipe for solving america's problems is getting rid of regulations on big corporations, and big banks and then giving more tax breaks to the wealthiest americans and their theory is somehow that will lead to jobs and prosperities for everybody. gregg: president obama continues to campaign today

across iowa and at the bottom of the hour we'll take a closer look what he calls his vision for our future. martha: as we've been mentioninging congressman paul ryan in the iowa speech he faced hecklers there at the iowa state fair. here is a piece of that. >> i think it is, i think it has become, -- yeah. you know what? it's funny. it's funny because iowans and wisconsinites we like to be respectful of one another and peaceful with one another and listen to each other. these ladies must not be from iowa and wisconsin. martha: ryan kept his cool as he gets used to what it is like in the white hot spotlight. what it is like in the presidential spotlight. lady you rushed onto the stage where, she was ultimately grabbed by three

state troopers. one of the protesters punched a volunteer ho was working at the iowa state fair. it was about rides, twinkies and fun. apparently not. gregg: brand new details who will speak at the republican national convention coming up. more importantly when, new jersey governor chris christie is tapped to deliver the keynote address in tampa. christie among the most sought-after speakers on the gop circuit and the keynote, one of the most coveted of all speaking slots. martha: another big name in the vp mix of course was marco rubio. so he is also been selected for a top slot. he will play a prominent role at the convention. the florida senator will dwuf governor mitt romney. that is always a big moment. that will happen on thursday, on the last night of the election. that is when governor romney officially steps up and accepts the presidential nomination of the republican party. it will be the first time everybody across the country will see him in that role. senator rubio was of course on a short list for vice president.

sources say he was the first candidate to complete the vetting process. remember all the discussion who was being vetted, who wasn't being vetted. there was discussion marco rubio was not being vetted and they came quickly out and said he was. christie was always in the mix. when you think about the bold choice candidates, rubio, ryan, christie would fwaul into that category. those other two gentlemen will play very prominent roles in tampa. gregg: chris christie never fails to charge up the crowd. and marco rubio is quite eloquent out on the stump if you ever watched him deliver a speech. he really knows how to connect with the audience. probably good choices for the gop coming up. martha: it will be very exciting. we'll see everybody there in tampa. fox news is america's election headquarters. "america's newsroom" will come to you live from tampa for the republican convention. then bill and i will head up to charlotte. we'll be there for the democratic convention. in prime time you will join bret baier and megyn kelly alongwith the entire fox

news election team for all the big speeches, all the complete analysis. we're fired up for this event. it will be great. all of our coverage gets started sunday, ewing 26th. gregg: some new numbers from the u.s. government showing one of president obama's proudest achievements isn't going well as originally envisioned. according to the treasury department, the united states is set to lose $25 billion on that $85 billion auto bailout. that is a 15% higher loss than originally thought of. the numbers could get even bigger still. stu varney, anchor of "varney & company" on the fox business network. break this down for us. what happened here? >> the big problem, gregg, is general motors. woe the taxpayer have a 500 million share stake in general motors and that stock price is so depressed that at the moment we're $16 billion in the hole just to general motors in our stock

holding. then you have the general motors acceptance corporation. remember that gmac? they used to make car loans and some housing loans as well. renamed ally financial. we bailed them out. the taxpayer bailed out gmac. we're about $12 billion in the hole to gm's financial arm. there is chrysler. we're $1.3 billion in the hole there. add it all up. we have a very big loss we're facing with the auto bailout and it could get bigger if general motors's stock price comes down some more. gregg: does this in a way give political sus nance that mitt romney made in the alternative, we won't let them fail but they should go through bankruptcy first without government assistance and in that particular way, the taxpayer won't be on the hook as much, and the unions wouldn't have made out so well to the advantage or disadvantage of taxpayers? >> yes. the people who were really bailed out back then were

the unions. their pension and health benefit programs were made hole. management's was not. we could argue every witch way what we should have done back then. let's bring it up-to-date. the president said last week, detroit, and gm in particular is roaring back. clearly that is not the case. i would put it to, gregg, the company really roaring back is honda. that is a japanese carmaker. it is nonunion. they do a lot of business. they make a lot of cars in america. just the other day they announced they were wrapping up increasing production, ramping up production in america and they're going to export the extra cars and suvs that they make in america. now that's a company that is roaring back. general motors clearly is not. gregg: other japanese automakers seem to be consuming a larger share of the marketplace as well. stu varney, thanks very much. >> gregg. martha: consumers also taking a big hit at the pump lately as gas prices have

been rising across the nation. in california, which is the nation's largest gasoline market, the average price of gas already topping $4 a gallon. that is up from $3.86 just last week. lack of production and the peak summer driving season just two of the things. a lot goes into the mix in the gas price but that is couple other reasons we're seeing a little bit higher this morning. gregg: i paid $4.29 the other day for premium. martha: ouch. where? name names. gregg: well, transportation costs up there add to the price. martha: got to go to new jersey. gregg: i will come down to your neck of the woods and by gasoline there and say hello. martha: we have lots more for you, folks. republican lawmakers telling eric holder, we'll see you now in court. what they want and whether holder will be forced to comply this time. gregg: president obama calling paul ryan extreme but governor romney says, hey, it is the other way

around. how does he convince voters? karl rove up next. martha: here is an interesting one. he was tapped by president obama to figure out what to do about our crushing debt. video has surfaced of erskin bowles, that is not erskin bowles. he was former clinton staffer, chief of staff. he has praised that man, paul ryan. >> i'm telling you this guy is amazing. i always thought i was okay with arithmetic. this guy can run circles around me. [ pilot ] now when d an aircraft, you want to make sure it goes up and stays up. [ chirp ] with android apps, you get better quality control. so our test flights are less stressful. i've got a lot of paperwork, and time is everything here. that's why i upgraded to the new sprint direct connect. [ chirp ] and the fastest push-to-talk nationwide. [ male announcer ] upgrade to the new "done." [ chirp ] with access to the fastest push to talk, three times the coverage, and android productivity apps. now when you buy one motorola admiral rugged smartphone, for ninety nine ninety nine, you'll get one free. visit a sprint store,

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gregg: welcome back. the department of homeland security is investigating complaints that the tsa so-called, chat down, program has become a magnet for racial profiling. "the new york times" reporting that some 32 tsa officers at boston's logan airport say, that program specifically targets middle earners and hispanics and african-americans.

chatdowns as they're known are part of the tsa behavioral program that helps officers spot suspicious behavior. martha: so paul ryan and the budget plan that he came up with will clearly play a major role in the discussion and the debate in the race for the white house. president obama has called ryan's blueprint extreme. but governor romney turned that around yesterday saying that he believes that it is the president's plan that is actually extreme. watch this. >> well, i can tell you what is radical and extreme is to spend a trillion dollars more every year than you take in. it is radical and extreme to pass on trillions of dollars of debts to our children, knowing that we're never going to pay back these obligations that we've taken on. martha: karl rove, former senior advisor and fox news, to president bush and fox news contributor. former deputy chief of staff to president george w. bush. good morning, cal, good to see you.

>> good morning martha. how are you? martha: i'm fine, thanks. how do you think the budget debate is shaping up and the challenge paul ryan has to overcome people's fears about what they're being told he is all about? >> i thought that was a great response from governor romney yesterday. short, pit think, direct the and flipped the issue back on the president in ways ordinary people can understand. i have the whiteboard, martha. medicare, this is how he is supposed to be extreme? today, this year the budget will spend $503 billion on medicare. under the ryan plan, notion alley endorsed by governor romney, in 10 years we'll be spending 855 dal billion on medicare. that is a 70% increase. that is just 3% less, 3% less than president obama proposes to spend. how can that be extreme? how can that be ending medicare as we know it? how can that be devastating seniors? what it does, the two principle differences

between romney-ryan, barack and biden, r2 versus b 2, the two differences on medicare, president obama takes $716 billion out of medicare and borrows it to pay for obamacare. ryan-romney take the $715 billion us use it to shore up finances for medicare to make sure it is a program americans can depend on. ryan-romney give seniors a choice. stay in traditional medicare or give you roughly equal amount of money $11,000 a year to purchase private insurance or keep the one you got. you don't have to give it up at age 65. that will help bring about savings in the program because competition and choice will bring down prices. martha: that is the debate. the question how they articulate that to voters is big one. you have your little whiteboard, karl. i have a big huge, 100 inch color screen behind me. i have latest he can

tomorrow map with is of great interest. it looks confusing as we look at it right away. to tell everybody at home the red of course is leaning gop. the dark blue is leaning democratic. the darker shades are what is leaning in different directions. i look at your april map. this is the august map. wisconsin, you now believe is in play because of paul ryan and because of other factors leading up to paul ryan, right? >> well, in fact look, that light blue in wisconsin compared to where it was in april comes as a result of public polls which have shown this state now moving into contention. yesterday, joe trippi, howard dean and i, howard dean's advisor and i had a conversation about it. we both agree this ryan nomination is likely to move this from being down about 6 points to probably being a toss-up state. martha: we know from bill hemmer paul ryan went to college in ohio, same place that bill hemmer went to ohio. now ohio, also looks to be a

little bit more in play thanks in part to paul ryan, right? >> i think so. states that have a heavy dose of catholics and working class voters who are culturally conservative and economically populist are going to be more in play as a result not just the ryan nomination but the fact that governor romney, as you saw in that earlier clip, is going to be emphasizing fiscal conservatism in a way that the ordinary person can get their hands around. american families have to put their fiscal house in order to make tough decisions. they're looking at washington and say why are you running huge deficits and passing bills we can't pay for. that will help in all the blue-collar states. martha: there is parenthetical phrase you will hear from every democrat from president obama to debbie wasserman schultz, and that is, ryan's plan will end medicare as we know it, end medicare as we know it. that is a phrase we'll hear over and over again. let's talk about florida, karl, you see tossup state.

romney down 1% according to latest numbers. how do they change the die namic in florida and talk to seniors to convince them of their perspective on it? >> marco rubio provides the road map here. marco rubio ran for senator in 2010 and emphasized the fact that social security and medicare are going broke and that fundamental reform are needed to keep the great social safety nets in place. no changes for people at or near retirement. 55 years or older no changes whatsoever. for younger workers you get a choice. you can either choose traditional medicare or have what is called premium support, idea developed by bill clinton's medicare reform commission. championed by democratic senator john breaux of louisiana and used frankly in the medicare prescription drug benefit to great success. martha: karl, thanks. we'll talk to you soon. karl rove. gregg: we're getting some new images. syrian rebels taking out a government worship. [gunfire]

is the assad regime on the verge of collapse? ambassador john bolton up next call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

martha: republican presidential candidate governor mitt romney going positive with voters in the key battleground state of florida, singing america's praises. listen to this. >> i know there are some people critical of america and think our best days are past but i know something about the heart of the american people. don't forget who just won the most medals at the olympics. we did. [cheers and applause] don't forget who put, just sent a vehicle all the way to mars. who put us there? we did. martha: the governor also mentioned china saying it is working hard to get a rocket

to the moon. when the chinese get there they will find an american flag that has been there for more than four decades. a lot of competition in that arena. gregg: some shocking claims about the state of the assad regime in syria. the foreign minister of syria, the former foreign minister or prime minister, excuse me, says that the government only controls 30% of the country. meantime rebel fighters claiming they shot down a syrian fighter jet. amateur videotape. we're unable to verify this but appears to show a syrian warplane crashing. syrian state television says the pilot ejected due to a malfunction. john bowl ton, former -- bolton. former u.n. ambassador to the united nations. thanks for being with us. the now former prime minister who defected from syria, he says the assad regime is about to collapse. that he only controls about 30% of the country. what do you make of that? >> i think the assad regime is in deep trouble, there's

no dispute there but his staying power frankly has surprised me. i attribute it to the support that russia, china and iran in particular have provided the regime. as long as they continue to give arms and ammunition and in the case of iran officers from the revolutionary guards corps and assad has force multipliers that allow him to stay in power. they paid no price for their support of assad as secretary of state hillary clinton said a few months ago. as long as that goes on i think assad can hang on. gregg: secretary clinton continues to push for international pressure. right or wrong? >> it would be great to have more pressure on assad but you have to pressure the people supporting him. while she rightly said russia, for example, had not paid a price, this administration hasn't done a thing to make russia pay that price. i think it is unlikely, sad to say, but unlikely that the situation on the ground

is going to change until the externals strategic reality that syria sees changes as well. that means finding a way to split, russia, china and iran off from assad. gregg: to hasten the departure of assad the rebels are begging for a no-fly zone, to protect them. secretary panetta, secretary of defense says that is not on the front burner. you had shift it be? >> i don't think so for two reasons. even for one after 18 months we still can not identify opposition leaders military or political, that we can count on to behave according to our standards once assad is overthrown. i think the last thing we want to do is see people who received our assistance conducting a bloodbath against aloe whites, chris shins and jews. it should be precondition for any substantial american assistance that the opposition should agree to eliminate syria's programs

in chemical, biological and nuclear weapons and make sure they don't fall into the hands of groups like al qaeda and hezbollah. i'm still opposed to aiding the rebels. gregg: and you read about it in a column today entitled, losing ground in the middle east. you can read about it in the "new york post" online. ambassador john bolton, always good to see you. thank you very much. >> thank you very much. martha: we've got some brand new video come in from college station texas and it may give us a clue why a gunman opened fire and killed three people there. gregg: plus, after his controversial, "you didn't build that" comment, president obama saying he wants wants to put us on the course of what he calls shared prosperity. what does that mean? next.

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same policies that got us into this mess in the first place? [shouting]. you know, i believe we have to go forward. i believe we've got to keep working to create an america where no matter who you are, no matter what you look like, no matter where you come from, no matter what your last name is, no matter who you love, you can make it here if you try. gregg: we have the president of penn financial group. he joins us on the set here in new york. of course in america we want the greatest number of people to prosper but that is mutual prosperity, based on equal opportunity. the president continues to talk again and again about shared prosperity, as if to argue, that your profits should be shared and i don't think that is a trivial semimanical point, do you? >> no, i don't.

i love the fact he pointed out the past policies gotten us into what he called a mess. this country is not a mess. we're still the greatest countries. his policies last few years have been borderline socialism, versus capitalism. capitalism building entrepreneurship is what the country was built on in the last century. what he talked about in the speech, sharing profits, you referred to that. gregg: yes. >> someone becoming an entrepreneur, becoming a successful and sharing wealth for some win not as fortunate. that does not lead to mutual prosperity. gregg: redistribution of wealth is another way to put it. the president is still haunted by a remark he made during a speech. take a listen to this. >> if you were successful somebody along the line gave you some help. there was agreat teacher somewhere in your life. somebody helped to create this unbelievable american system that we had that allowed you to thrive.

somebody invested in roads and bridges. if you got a business, "you didn't build that". somebody else made that happen. gregg: is he saying that bold entrepreneurship in america is over, our lives must not be carefully protected and managed by an all powerful government? >> i think what he is trying to say, entrepreneurship would not exist without the help of the government, which i completely disagree with that. because typically entrepreneurship is at it best when we're in times of very bad, where a government can't help out. we come out of these recessions as people struggling, out of jobs, that ran out of unemployment. they're pushed to the brink. they use that entrepeneurship spirit to become capitalists and build companies based on that. we've seen this decade over decade here in the united states. gregg: romney argues that the president has squandered taxpayer money, billions of dollars, choosing winners and losers based on ideology and the needs of his big donors. an overstatement? is that fair?

>> i think that is absolutely fair. i mean obama is pushing, a certain strategy that he got into the white house with. and that is basically, as you mentioned earlier, redistribution of wealth. he wants everybody to be successful, be happy. unfortunately i hate to say that. that is not realistic. what needs to happen push to entrepeneurship spirit. from there, gregg, what happens we build businesses. people that might be struggling will then benefit because, as that business expands they will be hired. there is more money going back into the economy. even though that entrepreneur themselves is seeing prosperity, that is then shared because it makes the country better. gregg: want to show you two polls back-to-back here. first one "fox news poll", asks people, do you see any signs the economy has started to turn the corner and the worst is over. 39% say yes, but 59% say no. then asked what best describes your feeling about president obama's economic plan, 5% say it is already worked.

50% said hey, needs a little bit more time. the other two, plan is failed, 28%. 15% you didn't have a plan. add the last two together, it is 4%. people say it is working or needs more time to work. >> how much time do we give it? there is a great study in the "new york times" this weekend talking about past recessions, major recessions this recovery, quote, unquote, recovery i don't call it much of a recovery has lagged all past economic recoveries looking at economic figures. how much more time can you give the current strategy or administration to get out of this? four more years of this, gregg, we'll be back in a recession, matt mccall, penn financial. always good to see you. thanks. martha? martha: we have new details coming out this morn into the investigation into "operation fast and furious". republican lawmakers filed a lawsuit against hold

attorney general eric holder. congressman darrell issa who has been in front of this all along said he and his team will not stop until they get the answers they are looking for. >> this has been an example of administrative arrogance, failure to be compliant to the american people's legitimate right to know what has gone on behind closed doors under the cloak of, of quote, justice, including the decision to prosecute or not prosecute people responsible for serious crimes. martha: holder claims congressman issa and others have quote, chosen to put politics over public safety. as you may remember the operation run by the atf allowed illegal gun purchases. those funds went into mexico and they lost track of hundreds of those guns. two of them were found where an american border patrol agent was killed. gregg: merriam webster dictionary unveiling the

list of brand new words for the year 2012. some interesting ones this year. take a look at this. among them, f-bomb. that's right. obviously you know what that means. euphemism for a word we can't really say on television. life coach. that is another one. an advisor who helps people make decisions and set an reach goals or deal with whatever problems they have. man cave is now making the list. you know what that is. room or part of the house just for guys. in all more than 100 new words were added this year. martha: here's my question. what does it say about american society that the new words that we are able to come up with, out of all the possibilities of ways to express yourself, are f-bomb, man cave and life coach? gregg: we're getting a little bit more relaxed, a little bit more casual. martha: f-bomb and man cave. you look at words people never use. look at o'reilly words at end of the show, do you think he will use f-bomb or

man cave. gregg: i always learn a new word from o'reilly at end of the show. martha: i do too. if you use words like f-bomb and man caves you might need a life coach. gregg: how are you doing with doocy on the quiz. martha: i'm ahead. poor guy. gregg: every time i check it out doocy is beating you. martha: you must be watching on the wrong nights. gregg: clearly. martha: i've been off a couple weeks. storing up some trivia while i've been resting. gregg: check it out on bill o'reilly's program. martha: coming up a former clinton advisor seems to be a bit of a paul ryan plan. why the democrat is calling governor romney's pick an amazing guy. gregg: a farewell to one of baseball's greatest. remember, mr. red sox. john any pesky. he played seven years in the majors. spent three more years serving in the navy in world war ii. the right field pole named for him, the pesky pole.

johnny pesky, dead at the age of 92. ♪

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at&t. rethink possible. martha: a video has now surfaced of former clinton white house chief of staff and also president obama's pick to head up his debt commission, erskin bowles. in this video bowles is praising republican vice president nominee paul ryan who was also a member of that debt commission bowles worked on. while the bowles-simpson plan did not get much support, especially from the white house, mr. bowles had some very nice words about ryan's alternative budget proposal and about ryan himself. listen to this. >> have any of you all met paul ryan? we should get him to come to the university. i tell you this guy is amazing. i always thought i was okay with arithmetic. this guy can run circles around me. and he is honest. he is straightforward. he is sincere. and the budget he came

forward with just like paul ryan. it is a sensible, straightforward, honest, serious budget and it cut the budget deficit just like we did by $4 trillion. martha: joined by bob beckel, former democratic campaign manager and andrea tanteros, daily news columnist both co-hosts of "the five." good morning. what do you make of this clip, bob? it is making rounds. >> you left out calling it a radical proposal. i'm not surprised. a lot of people consider ryan to be serious and thoughtful. i certainly do and good with numbers but that doesn't change his policies. i mean we never made a big deal when the economist bartlett who worked for reagan and kemp and george bush came out for obama's stimulus package. you will find people say it is thoughtful. and look, i will even go so far to say it is thoughtful. it is wrong but it is thoughtful. martha: andrea. >> bob will reach for the maalox after he gets off the set because that kind of

video is so damaging to have democrats actually praising paul ryan as sensible and honest and his budget really is. a lot of the ideas that he has in there, martha, are from democrats. they're from john breaux. they're from the clinton era in the 1990s. and his plan is basically the same way that federal employees get their benefits, through choice and competition. and if it is good enough for federal employees and members of congress, then it is probably good enough for paul ryan's own grandma. and just real quick, in that video as well, bowles went on to actually say negative things about president obama's budget, a budget that i should mention his own party voted down 97-0. >> you remember he had negative things to say about this proposal, did you? martha: he does call rated call at one point as you talk about. he says he wasn't 100% behind that plan. what i get from all this the most, he is discussing a time that sort of, by sects out the obama period. he is saying we got stuff

done. we were able to work across the aisle. we presented, he says, i don't want to play this, how disappointed he is that the erskine bowles plan was not given anymore creedens or anymore thoughtful time and attention than it was. and here's what he says about how disappointed he was in the president about that. let's listen. >> if i think about what happened in 1996 when we balanced the budget, it really was a result of work that went on the previous seven years under two different presidents and multiple congresses. the problem is, we don't have seven years this time to get this job done. martha: this is a democrat saying we don't have seven years to get this job done, bob. and i think one of the really credible talking points from the other side perhaps on this is that the urgency of about the financial situation may not be there. is that fair or unfair? >> no, i think it's fair. it is, i mean, i don't

frankly think it is important as a lot of other people do but i think it is a fair thing to say and i also think it is fair to say that erskine bowles, who i talked to about this, was somewhat angry and, for good reason his plan was not, at least given more consideration. i think he was upset with president obama. i think he expressed that. a lot of that spilled over in the speech he is giving. i get back to the point, when andrea says same thing with federal employees, federal employees are not becoming voucher system people which is what paul ryan wants to do. >> the biggest argument republicans can make, they should have started making this after they passed obamacare, democrats have already raided and gutted medicare. did this through the passage of obamacare. nobody can be in favor of obamacare and simultaneously claim that they're protector of the medicare. do you support those $700 billion cuts, bob? martha: makes an excellent point, bob. do you support -- >> savings, not cuts. >> it is cuts. >> it is not cuts.

>> its absolutely cuts. >> you're flat wrong. you want to spin that out, fine. >> i am not wrong. i am 100% right. >> partisan season now. i understand that. you want to start spinning that stuff that way, fine. it is savings. >> how are they getting savings. >> congressional budget office says over this period of time, using his plans you're going to save that much money in medicare. >> how will they get it. >> call draconian cuts. fine. you guys have been out to kill medicare and social security. fine. you want to rip apart the safety net. >> you're struggling. $700 billion in cuts. democrats -- >> you never met a safety net you like. martha: reach for the maalox. we'll see the adult conversation continued at 5:00. >> couple more hours. martha: thanks, bob. gregg: i have mylanta, bob, if you need it. drop by my office. a texas gunman opens fire on a police officer and now we're learning why, the chilling videotape that tells some of the story coming up next. >> at first, i didn't think it was real. i wouldn't expect something

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gregg: new details now into that shooting near texas apartment university that left three people dead yesterday. 35-year-old suspect thomas caffall opening fire on a police officer serving him an eviction notice. leaving to an extended shootout that left both the gunman and the officer dead. >> units, possible shooter. we have a -- >> i honestly thought it was a nail gun for a while you about, once we started hearing like some whizzing sounds and kind of, they were very close. >> at first i didn't think it was real. i wouldn't expect something like that would happen so close. i didn't, i mean, for the

longest time, even when i saw the body i couldn't convince myself it was real. gregg: a 43-year-old man also killed in the shooting, a neighbor of the suspect, managing to capture the whole thing on tape. casey stiegel is live in dallas with more. casey. >> reporter: yeah, gregg, the man who lives right next door so happens to be an army medic. he has one tour of duty in afghanistan. and when he heard the gunfire yesterday, regal cisneros grabbed his smartphone and he started rolling. you can hear the bangs and bullets whizzing through the area. you can hear a exchange with police officers as he tried to help, long before paramedics were on the scene. listen. >> you got an ambulance here yet? i'm a medic. >> it is coming. >> can they get to him? really killing me to wait. >> 10-4 i have a medic over here if we need help. hey, hey,. wait until it is clear.

>> reporter: once of all-clear was given he tells us he gave cpr to the constable. he already did not have a pulse. when the ambulance arrived, gregg, he started to perform medical attention on the suspect himself. who was conscious and talking at the time. and he says that the suspect asked him to apologize to whoever he shot. gregg: casey, what do we know about the victims? >> reporter: well, a couple of things, even though the gunman was lucid at the scene he died a short time later at an area hospital. 35-year-old thomas caffall in fact. his mother tells the "huffington post", her son has been struggling with mental illness. the constable who died, 44-year-old brian bachmann has been in law enforcement 20 years. he has a wife and young children. so tragic. gregg: thank you, very much, casey. martha: mitt romney toughening his tone against the president. >> it's smear, it's dirt,

it's distortion, it's deception

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martha: it is a dual in the key swing states right now. president obama and congressman paul ryan hitting the campaign trail today as the president tries to downplay reports of excitement surrounding governor romney's new running mate. brand-new hour on "america's newsroom." i'm martha maccallum. gregg: i'm gregg jarrett in for bill. ryapresident aepbt went after the congressman as just another republican standing in the way of progress. >> i've got even to know congressman ryan, he's a good man, a family man, a very articulate spokesperson for governor romney's vision. the problem is, it's the wrong vision for america. [cheers and applause]

>> it's a vision that i fundamentally disagree with. >> president obama has given us four years of trillion dollar-plus deficits, he is making matters worse an is spending our children into a diminished future. we don't have to stand for that, we're not going to stand for that, and on november the 6th we're going to change that. martha: there you have it folks. that is tkaoet bait that ithat is the debate shaping up this morning. we haved henry traveling in iowa. let's start with james rosen in lakewood, colorado. james a new day this morning as paul ryan heads out there. he has a new state to present his argument to. are we going to hear a new message, do you believe, from the vice presidental candidate when he goes out there today? >> reporter: martha and gregg good morning. aids to the romney-ryan campaign say that the vice presidental campaign will focus on president

obama's energy record as colorado has emerged as a leading producer in so-called new energy and accounts for 5% of the natural gas production. he arrived at the airport yesterday and embarked on his first missions in one of the crucial roles he's expected to play in this campaign, that of fund-raiser. he attended one event with a private equity company. the congressman was received by a crowd of several thousand people with a few persistent hecklers. ryan faulterd in the beginning with his background in wisconsin, then came back with a joke about the president. then he talked about energy. >> we have energy in this

country, let's use it. everything, renewables, biomass, nuclear, oil and gas, it's here, let's get it and not keep buying from other countries. >> reporter: he remains a candidate still warming to hig role. a strange hybrid of an intellectual on fiscal policy and the traditional role of a vice presidental candidate, chief attack dog. martha: there are unnamed republicans and strategists questioning the paul ryan pick saying that they are nervous about it. what are you hearing about that? >> reporter: there are some conservatives who would have preferred to see marco rubio the florida senator on the ticket. the romney campaign argues that the number one issue is the economy and the $15 trillion debt. on that issue there is no one, save for governor romney himself who is better equipped to lead the nation. as for the matter of foreign policy that presents a tougher

issue for the campaign to address in terms of congressman ryan's experience, as for raoeurpb's votes on the autoand tarp bailouts, rising to ryan's defense last night was the top house republican during an appearance with on the record with greta van susteren. >> i think he's a practical conservative. he's got a very conservative voting record, but he's not a knuckle dragger. he understood that tarp, while none of us wanted to do it, if we were going to save our economy, and save the world economy it had to happen. i wish we didn't have to do it either, but he understood that. >> the most recent unemployment figures for colorado put that jobless rate at 8.2% for the state, almost equal to the nation's average of 8.3%, martha. martha: james thanks so much. congressman ryan is going to sit down for his first solo interview as the presumptive

g.o.p. vp nominee. he will do that with brit hume. you can watch that tonight on "special report" 6:00 pm eastern, that special report with bret baier. gregg: that should be a good one. we are awaiting president obama at his next campaign stop in the swing state of iowa. carl cameron traveling wited henry traveling with the president. the president has added new attack lines, tell us about it. >> reporter: gregg you're right. the president now obviously feels that paul ryan is his favorite target. you have the ryan budget plan, it is ripe to be picke picked apart. the president yesterday came here with some goodies, the pour

of incumbency. there was a really rough crowd here the worst in 50 years. the president announcing executive action in order to have the federal government speed up spending on federal nutrition programs, buying up more chicken and pork, help some of these farmers out. then he prodded congress and named congressman ryan as a them pwer of th member of the house republican congress and said they are stalling and need to get working. >> i've got even to know congressman ryan he's a good man, a family man, a very articulate spokesperson for governor romney's vision. the problem is it's the wrong vision for america. it's a vision that i fundamentally disagree with. [cheers and applause] >> reporter: one problem with the president's attack though is that house republicans actually did pass some farm relief, drought relief about 12 days ago. senate democrats have not acted ton that version. so there is sparing on capitol

hill as usual. the house republicans have passed something and congressman ryan voted for it. the bottom line is the president will push forward with these attacks because the race right now to define paul ryan is on and that's what the president is trying to do. gregg: this is day two of a three-day tour. that is a pretty big investment in one state, isn't it? >> reporter: huge investment. it's only got six electoral votes. three days for the president of the united states crossing this state. he was at the ohio state fair last night. he started out there back in swefpb as a relativel 2007 rel testify le 2007 relatively unknown. he's fighting for every electoral vote. it's about 50-50 right now. gregg: i'm told he did not eat any fried butter. thanks. martha. martha: he did do something else

out there. it's not all business on the campaign trail. candidates have to squeeze in a little bit of fun here and there, right? watch this. >> i tell you what, four more years? okay. here is what i'm going to do. martha: they are chanting four more beers for president obama at the iowa state fair. i think everyone can sign on for four more beers. the president offered to buy a couple of drinks for people in the crowd. he was enjoying a beer and a pork on a stick. gregg: wow, pork on a stick. martha: governor romney partaking in a tradition, air bowling, rolling oranges up and down the aisle of the campaign plane. senator marco rubio got in the action there. gregg: it gets a little boring on the campaign plane, doesn't it? you've been to a state fair haven't you. martha: yeah. gregg: lots of good eats there.

martha: i like cotton candy but i'm not much for fried twinkies and butter. gregg: i love the farm animals and big machinery. get me on a tractor. primaries for congress in four states today. another big day in wisconsin as paul ryan was named as vice presidental candidate. three republicans spottin republicans vying for the spot on the ticket to fill senator cole's seat. a poll showing the race is neck in neck. democrats have held this wisconsin senate seat for 50 years, currently have the majority in the u.s. senate. martha: brand-new information coming in on the u.s. economy right now. it's a positive report from u.s. retailers. retail sales jumped .8% last

month after three straight months of declines. it's the largest increase that we've seen since february. americans spent more money on cars, furniture and clothes and let's see how the markets are reacting, up about 17 points, not a huge reaction to that. we'll see how the numbers settle in and what the folks on wall street really think about it as the day goes on. gregg: 8% is better than no%. martha: it is. gregg: governor mitt romney with tough talk on the president on the way this campaign is being run. take a listen. >> this is a campaign about america's future for your children, for the world. mr. president, take your campaign out of the gutter, let's talk about the real issues that america faces. [cheers and applause] gregg: why he says the president has gone negative. martha: attorney general eric holder is heading to court, sued by republicans over documents related to fast and furious. they will not give up on this mission. what they now are trying to get from a judge. congressman jason chaffetz is on

a committee. he will give us an update of where this stands. gregg: did you know it's shark week, martha. martha: i did not know. gregg: seven days of heart-stopping video of the deadliest predator all courtesy of the discovery channel shot up close and personal, sometimes feet and inches away. the man behind the camera ahead in "america's newsroom." ♪

martha: we got new video of crews battling that fire in atlanta. take a look at this the flames engulfed a business that sold

garage stores. plumes of smoke over midtown. nearby buildings were evacuated. no one was inside when the fire broke out. one firefighter was treated for heat exhaustion, and is expected to recover. the investigation into what happened here and how it all started is underway. gregg: deception and dirt. those words from governor mitt romney accusing president obama of running a smear campaign, saying the president has resorted to low-blow attacks because there isn't anything else for him to run on. >> with a record which has been as disappointing as the record that he's demonstrated over the last four years, the president's campaign has resorted to a very unusual tactic. it's smear, it's dirt, it's distortion, it's deception, it's dishonesty. it diminishes the office of the

presidency itself. gregg: steven hayes is a senior writer for the weekly standard and a fox news contributor. good to see you as always. columnist rich lowry made the argument that if democrats will lie about romney killing a woman, the infamous cancer ad it's only a matter of scale to lie about killing grandma and every senior citizen on medicare in america. fair point? >> yeah, i think it's a fair point. look, we've already seen that. that was the case that was made to a certain extent in 2010 if you go back and look at the ads that were return against marco rubio and others in florida talking about medicare reform, that is the argument made at the time. i think the fact that the obama superpac, or the pro-obama superpac has made these allegations or suggestions that governor romney is so indifferent rent to the plight of people who have worked for bain-owned companies that he is willing to see them die i think

that does lead to that kind of conclusion. gregg: i do want to be fair here. fact check organizations have also called misleading, the romney campaign ad that claims that the president's decision on welfare will gut welfare, they call that misleading. so there is plenty of disextortion going around, right? >> nobody should be surprised that poll i teugss for runnin politicians running for office are not selling the trut truth. people have h echoed the criticism that romney has leveled against the obama campaign. i think the bain attack ad from the pro-obama superpac was so over the line that it was criticized by people friendly to president obama and his campaign. i think everybody recognized that it was such a gross distortion that it was really a new low. gregg: beyond ads i want to go to the president's words.

he said yesterday that the g.o.p. ticket will, quote, end medicare as we know it. that's not what the ryan plan does, does it? i mean it doesn't affect anybody over 55. the president never mentions that. and it offers future beneficiaries a choice, and in fact that was the template of the commission appointed by then president bill clinton, wasn't it? >> well, look, yeah and it's even worse than that. you had robert gibbs yesterday suggesting that his 83-year-old father would have to move into some privatized medicare system. it's totally dishonest, not true at all. it doesn't affect anybody under 55. but, you know, again this is what you expect in a presidential campaign, certainly mitt romney understood this when he chose paul ryan. but it doesn't excuse the distortion and i think weir likely to see a lot more of it coming. gregg: listen, a lot of people are complaining that mitt romney hasn't been tough enough. the wall street courage journal in an editorial says romney needs to go on the offensive to

counter the dirt and distortions, quote, he could hit mr. obama with ads in florida and elsewhere for his, obama's 716 billion in medicare cuts, and his plan to cut even more with an unelected rationing board whose decisions under obamacare have no legislative or judicial review. is that a good idea? does romney need to go on the offensive like that? >> look i think there is absolutely no question that he needs to go on the offensive. one of the most interesting things about choosing paul ryan as his running mate is it allows him to do that. i think you've seen the romney campaign to a certain extent on the defense for the past four to six weeks. and choosing paul ryan allows him to make this positive argument and it's really, as mitt romney has said, is a leadership argument. president obama has not made the kind of long-term structural reforms to the entitlement programs that the country need. nobody disputes that. he doesn't done this despite the fact that he said that he would,

and republicans are offering something a little bit different. i think it's a very strong argument and i would go on the offense witness. gregg: steven hayes senior writer for the weekly standard. always great talking to you. thanks. >> thanks, gregg. martha: there is a surprise in the trayvon martin shooting case that has put george zimmerman's fate right into the hands of the judge. something zimmerman told fox' sean hannity he is ready for. >> i am confident in the system. i have no choice but to believe still in the system. martha: what zimmerman's team is doing that may change this entire trial. gregg: plus, new york to london in less than an hour? can you believe it? the new air force jet that could change air travel as we know it. martha: that's a little scary. ♪

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gregg: we're back. 24 minutes past the hour. penn state university now at risk of luigs its college accreditation. the organization that credits colleges in the mid-atlantic region warning penn state that its status is in jeopardy following the sex scandal. dark chocolate may improve the cognitive ability of older folks suffering from mild mental impairment. the money for the rear search coming from the mars candy company. miley cyrus sporting a dramatic new do. completing her transformation from a child-star adult to

platinum blond. martha: she says she's never felt more like herself. she loves the haircut. she says she feels for the first time in her life like me. gregg: she has an identity crisis. she is not sure if she is hannah montana. martha: that was set elt a longtime ago. gregg: not for me. martha: there is a series of devastating wildfires scorching thousands of acres in the western part of our country. flames in california already threatening hundreds of homes. adam housley is live from cal stowing georgia. whafrom calestoga. what is the latest. >> reporter: a difficult fire season in much much the west. wolz has two major fires. now fire season has come to oregon, washington and california. we are located here in the northern part of the napa valley. just in this area there are two major fires burning, the y fire and the walker fire.

temperatures expected in the triple digits as well as fuel. this state is extremely dry, firefighters had been worried about what was coming thaeurg way. there may be wind today as much as 15 miles per hour to help drive the fires. hundreds of homes are threatened here as well as another fire that is burning over north of sacramento a bit in plumas, three major fires burning just in california right now, martha. martha: what about some of the other states out west that are dealing with similar situations, adam? >> reporter: yeah, you know, oregon has major fires burning right now, washington, nevada and also in idaho where a firefighter was killed over the weekend. a 20-year-old firefighter was on-duty, she was killed in what firefighters call widow makers, a tree that's been burned out. it fell over on her and killed her. another firefighter narrowly escaped dying by employing his firefighter blanket over him moving through. they difficult out here, martha.

martha: thank you very much. gregg: we will see knew court, that is a message from republicans to u.s. attorney eric holder, what they are now demanding from mr. eric holder and why they are suing. congressman jason chaffetz is on the committee beyond that lawsuit. there he is. he'll be joining us live coming up next. plus this. >> come on, do it again. too close, to close. woe. martha: cue the jaws music, folks, it is shark week and it is back. incredible new shots, i watched it last night. unbelievable stuff. one of the guys that gets in the water and gets these shots is with us. he'll tell us how he does that. >> we can freeze on any one angle to focus on any detail

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call or go online now. [♪...] gregg: the iranian regime apparently having a change of heart. they are now welcoming foreign aid after devastating earthquakes. yesterday iranian aid organizations rejected assistance from turkish west cue teams. two massive quakes hammered the country's northwest this weekend killing more than 300, injuring another 3,000 people, and displacing about 50,000 in all. martha: a group of house republicans now officially suing u.s. attorney general eric holder, urging a federal judge to force the justice department to turn over documents in the botched gun running sting known as fast and furious.

the chairman of the house oversight and government reform committee darrell issa is leading that charge. listen to him. >> they lied to congress and then covered it up for ten months and that's what they are claiming privilege. much of what we're asking for is who lied to us, who produced the document behind the scenes. did they know or didn't they know they were providing it? that's a very simple standard and it's the nixon standard. are you entitled to cover up your own wrongdoing? martha: a lot of questions remain here. utah republican congressman jason chaffetz also on that committee and very much behind the force of this inquiry, and they have now filed this lawsuit. congressman, welcome, good to have you here today. >> thanks, martha. martha: everyone knows that these documents were subpoenaed. i mean what you want to get to the bottom of is who knew what in the justice department and how high up did it go, and was there an effort to cover it up? how -- what does this do to move the ball forward in your opinion in what felt like became a

stalled investigation? >> well chairman issa last october issued his subpoena requiring the department of justice to supply congress 140,000 documents. they've given us less than 8,000 of those documents. and the united states of america, you just don't ignore a subpoena. but their failure to provide this information to comply with the subpoena led us to half to hold the attorney general of the department of justice in contempt of congress. then the u.s. attorney in washington d.c. said he wasn't going to prosecute, wasn't going to move forward so we have to file a civil suit which allows us to go before a judge, independently, and then force the white house and the department of justice to justify document by document why they think executive privilege is warranted here, and why they shouldn't turn those documents over to congress. it will take months. but it will help us root out the problem and get to the truth. martha: there was a memo that said that they knew nothing about it. then they retracted that memo,

correct? >> yeah, february 4th they sent a letter to senator grassley saying that the department of justice, the alcohol, tobacco and firearms never did any sort of gun walking. ten months later they had to retract that. it was totally falls. false. we want to know what happened. obstruction of congress as we seek this inquiry is a felony. there are people back there that i'm sure are very nervous about this. there is the reason the white house is trying to cover this up and we want to get to the bottom of it. martha: for a lot of folks following this story all along the obvious question is, if nothing was done wrong, why not just do a huge document dumb, turn over everything that they've got? in fact what they've done is the opposite. they asserted executive privilege over those documents, and you guys are trying to force them to explain how they substantiate that, correct? >> in march of 2011 president obama said on a television interview there were probably mistakes made and if they were they would get to the bottom of it. they said they would be the most open and transparent

administration ever. that is totally contrary who what has happened in fast and furious. i think you had people who made deadly mistakes. we have a dead border control agent in brian terry. we owe it to his family to help solve this. the name of the committee is oversight and tkpoft reform. there are a number of reforms that have to happen. we are not letting go of this. we are not going to let go of this. this is not the end of this. martha: another member of that committee, elijah cummings believes that your motivation is otherwise and here is what he said about it. he says it seems that the house republican leaders do not want to resolve the contempt issue and prefer to generate unnecessary conflict with the administration as the election nears. >> we were lied to. you don't just go and lie to congress and then walk away and say, well, hey, sorry about that. they also haven't complied with a subpoena, and as my colleague traygowdey says, what percent of

the truth do you want? we want 100% of the truth. with the civil suit filed yesterday the white house, the department of justice is going to have to document by document, all 140,000 of them go through and justify why they shouldn't have to share that with the congress. martha: it all goes back to lives, and including brian terry's life and his family. when you listen to his father say i know that he firmly believes that something has been covered up here, he deserves that resolution to get all of the documents and make sure that nothing untoward has happened here. congressman thank you for the update. good to see you as always. >> thanks, martha. thank you. gregg: a new hypersonic jet being tested today by the u.s. air force. the unmanned x51 wave rider scramjet expected to reach speeds up to 4,000 miles per hour. if success actual the technology could revolutionize air travel and eventually lead to an aircraft that could travel from new york to london in less than an hour. look at that. the x51 test will take place

over the pacific ocean at edwards air force base in california. martha: i cannot wait to see the actual video of that. they think it will be in the air for about five minutes and then it will crash into the pacific ocean. it's an unmanned vehicle. that's the one thing i'm not sure b. i'm not sure i want to get on a plane that has absolutely no pilot. gregg: it's an air flow where combustion takes police at supersonic speeds, and they are not quite sure the thing actually works, which is obviously why they are testing it now. martha: your cheeks will be sort of fluttering back against the back of your seat. gregg: fasten your seatbelt. martha: i like the idea of an hour trip from new york to london. that is super cool. we'll be able to show it to you when we get it. there has also been a sudden change to tell but in the trayvon martin shooting case. george zimmerman's attorney saying the controversial stand your ground law does not apply. listen. >> stand your ground suggests within it that you have an opportunity to retreat, or to do

something other than act with deadly force, but you don't have to. that's not what necessarily has happened in this case. martha: very interesting. so how this decision could really change everything. gregg: and a world war ii veteran proving it's never too late for incredible personal accomplishment after years of sacrifice for others. >> that's hard work. at that time i learned a new phult phra indication table multiplication tables to 15, but i don't remember all of that now. with this? freestyle lite test strips? i don't see... beep! wow! that didn't ta much blood. yeah, and the unique zipwik tab targets the blood and pulls it in. so easy. yep. freestyle lite needs just a third the blood of onetouch ultra. really? so testing is one less thing i have to worry about today.

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martha: new trouble for a football star formerly known as ocho sing could he. cinco. he is out of a job. he was released after his arrest over the weekend. they claim the couple got into a heated argument and he head butted her. >> she had quite a last rigs on her forehead. it was described to me as being

two to three inches in length. as we all know head wounds bleed a lot. her face was covered in blood, both dried blood and wet blood. martha: johnson claims that he just leaned toward her and that the head butt was not intentional. the judge has ordered the wide receive tore sta receiver to stay away from his wife for now. gregg: surprise developments in the trayvon martin shooting case. george zimmerman's attorney reversing course now saying that florida's controversial stand your law ground -- stand your ground law does not apply to his case. he is planning a traditional self-defense argument. >> if we win a defense or immunity to self-defense hearing and the judge says that we have proven by what is called a per upon der answer oa per upon dance o perponderance of the

evidence, then the case will be dismissed. gregg: the stand your ground law means you don't have to retreat when you feel your life is in danger. as a lawyer i never understood why that even came into play. when you look at the story that george zimmerman is telling, he says, look, i was unprovoked, i was attacked, i was blindsided and jumped on by travon martin, and thus if you believe his story, and if the defense is going to argue that story there was never a chance for retreat. so now doesn't this make selfif it's a self-defense argument? >> absolutely, its great self-defense. the only thing you don't get is the possibility to get the charges dismissed. at this point he's decided that the judge is biased against him, he's still trying to get him recused. he's going to go to the jury and run a self-defense claim which is looking pretty strong without giving a preview of what the testimony is and putting

zimmerman back on the stand. gregg: do you think the defense should have argued stand your ground law? >> yeah, i think that this is stupid. you know, just because a defense attorney thinks that a judge should recuse himself or herself that is not a reason to not do your job. look, you can have multiple defenses -- stphaot fact gregg: the facts don't fit stand your ground as told by the defendant do, they? >> right, gregg, but this is an affirmative defense the defense can say if you don't think it's self-defense you can ask for a jury instruction that he actually had a legal reason to do so. gregg: what if it's contrary to the facts as told by your client? >> right, that's as told by your clients. if the facts show something else. remember you're trying to convince the jury or judge of something. you don't always believe your client and definitely don't go on something because you're afraid you'll lose on a certain argument. >> that is a trial issue. gregg: the defense attorney thinks he has a very strong

self-defense argument, and here is what he's going to argue. we'll put it up on the screen. the injuries are consistent with being assaulted. the gunshot wound was at close range. eyewitness says martin was on top of zimmerman. the autopsy shows martin allegedly had thc in his system. and his police statements, the defendant's police statements and the re-enactment are consistent. and in fact take a lock a look at this. this is the videotape re-enactment made hours after the shooting. it was made with police the day after the shooting, and it is completely consistent about what we now about the police statements he made. janet, a strong defense case as you see it? >> absolutely. he's going to have an affirmative defense, he'll run that at trial. he's not going to give the state a chance to poke holes and get more inconsistent statements before trial. he's not waiving self-defense, he's putting that on. he has a really good defense.

and i think omara is showing confidence. gregg: the other aspect of this. the disadvantage for the prosecution is there is nobody alive who can tell a different story than that of the accused. >> right, and you know george zimmerman and his attorney are his own worst enemies. to do an interview with sean hannity, whom i love and respect, he's going on the stand well beforehand and before the trial has even started. those are things that the prosecution is looking at, and they like. i assumed in a there was going to be a gag order but i think that the prosecution said, look, let this guy do these interviews, let him talk, let us trip him up some way somehow, and that's what he's doing. gregg: there is the homicide detective who was on the case early on who allegedly offered the opinion that all of this. the shooting could have been avoided if zimmerman had stayed in the car. isn't that an opinion on an ultimate issue of fact which only the jury can make a decision on, and thus that

detective's opinion is inadmissible? >> absolutely. it's just to say that legally he thinks that zimmerman did something wrong, but, you know, the flip side is trayvon, if he hadn't gone to the 711 none of this would have happened. you take the facts as they come, and at the point where the confrontation happened it had already escalated and that's what self-defense is. gregg: tamara, zimmerman had a broken nose, garbess, bruises on his head and a paramedic is prepared to take the witness stand to say that blood covered nearly half of zimmerman's face. there is the back of his head, the top of his head there. would that physical evidence corroborate the standard of fear of imminent, serious bodily injury or death, which is the test for self-defense? >> sure, it could. remember he was not taken to the hospital right after. so you're not going to have any doctors testimony -- gregg: why does that matter? you have the pictures. >> pictures tell a thousand words but you do not have the medical testimony.

gregg: you've got the paramedic. >> you don't bring a gun to a ask it he will fight, that is my argument, and i think that what he did was extreme and i think the attorney is makes a mistake. gregg: it's a try anal issu triable issue of fact for the jury. we'll wait and see. good to see you both, thanks. martha: just getting this news into our urgent cue here at fox news that nellie gray has died the founder of the march for life. she was 87 or 88 years old at her death. father of frank prvone who is head of priest for life was hugely impacted by the life of nellie gray, everyone is expressing con dole lance toes her family at this time. we'll get you more information on her passing. that is the headline right now. nellie gray has passed away. more on that later. let's go down to -- across to jenna lee right now who is getting ready for "happening now" this morning. good morning, jenna. jenna: we have a couple of topics to talk to you about

today. what does the paul ryan pick for vice president mean to the tea party movement. we'll talk to one tea partier who has known ryan for 20 years. find out what he thinks this means for 2012 as well as the tea party. from here say to the facts the forensic phase of the drew petersen murder trial is beginning today. our legal panel will weigh in on the expert testimony we expect to hear. roughly one in three of us suffer a dangerous ailment that could lead to bigger problems. a new test may let us know if we're headed down the wrong road early on. we'll talk about that all on "happening now," martha. martha: thanks so much. we'll see that coming up at the top of the hour. and just when you thought it was safe to get back in the water -- >> shark up. shark up! martha: bigger, scarier than ever. stunning new views of the great whites in action. i love this stuff. we'll talk to the photographer. he is world renowned.

he will be with us to share his experience with those dangerous animals on the planet. ♪ @ @

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>> you see those white sharks come up to the tuna, mouth open, jaws extending. ug see the gils rippling and bits of tuna coming through the gils. martha: wow, how about that stunning video of a great white shark sinking its teeth into a specialized camera rig in the open water. it's part of shark week which i know has kids and parents inch

straul interested across the country. they capture the most amazing footage of these incredible, incredible, animals, fish. andy casagrande is joining us now. do you call them animals or fish. >> i call them sharks. martha: because there is nothing else like them in the world. the amazing thing is your technology, what you shoot and what you guys are able to capture. talk to us about it. >> it's true, i mean every year we push the bar and push the envelope to get new and innovative angles and we use different techniques to show people things they have never seen before. we've used helium balloons with phantom cameras. rigs with 45 cameras like they used in the matrix. the american public, the international audiences want to see cool stuff so we've got to see them to them. martha: tell us the most frightening situations with you are ever in with one of these sharks on a shoot. >> i was running out of air and

that was breaking my number one rule. if you're diving with sharks out of a cage if you act like prey they will treat you like prey. i was acting like prey i had to get out of the water because i was essentially out of air. i was going up to the surface i had a juvenile 10 to 12-foot white shark pursuing me up to the surface. in any other circumstance i wouldn't swim away from a great white, but i had to. i bumped it off and it swam away. martha: you say in general that they are really very polite in the way that they pursue people, cameras, et cetera. how so? >> well, i definitely think they are very polite predators. they are professional killers, designed to hunt and kill but they are not malicious creatures. they are not out to get people. if they were they would stalk, hunt and consume humans in vast quantities. and they obviously don't. so good for us they haven't decided we are a viable prey option. martha: they hangout at our beach in massachusetts and weed

eye like them to stay away from the people. thank you very much. we love having them there, it's fascinating. thank you very much. enjoy the rest of shark week. thanks for coming in. more footage of the predators tune in to the 25th year of shark week all week long. martha gregg: a new crash test that could shakeup the auto industry. it is raising safety concerns and questions about some of the hottest luxury cars out of the market. you may own one of them, that is just ahead. why not get buried in something other than work? get two times the points on travel, with chase sapphire preferred.

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good afternoon. chase sapphire. (push button tone) this is stacy from springfield. oh whoa. hello? yes. i didn't realize i'd be talking to an actual person. you don't need to press "0," i'm here. reach a person, not a prompt whenever you call chase sapphire. >> that will do us for today. exciting day. lots of news. martha: no land sharks knocking on the door. surfing i'm not crazy b you look like prey. >> look like a seal. martha: thanks for being here, gregg. see you back here tomorrow. "happening now" gets started right about now.