doing that. gregg: oh, man, blank tiles? martha: people say to me, you could check out the answers to the quiz if you try, i will not do that, because cheaters never prosper, and who can feel good about winning if you cheated? gregg: i am totally with you, unless there is a lot of money at stake. martha: that's where he draws the line. we'll see you tomorrow. "happening now" starts right now. jenna: we are with martha on that one. not sure about gregg. no cheating. fox news alert in the murder trial of a man accused of willing his third wife. drew petersen's defense withdrawing its request for a mistrial, allowing the trial to continue. an attorney for the former illinois police officer, you're seeing him on your screen there having a word with the press, those lawyers for that man are telling the court the defense wants this jury to decide the case and won't hide behind any legal wranglings. the request comes as a judge was set to decide whether to cut

this trial short for a third time in as many weeks followed by a blunder by the prosecutors. petersen is accused of killing his third wife in 2004. he was asked today if he agrees with his attorneys, and he told the court, yes. we'll talk much more about this dramatic case with our legal panel a little later in the show. right now news, some brand-new stories and breaking news this hour. jon: the race for the white house getting down and dirty. explosive comments from the vice president launches a whole new war of words. we'll break it down fair & balanced. an inferno out west, dozens of wildfires burning now, hundreds evacuated, homes going up in smoke. this could become the worst fire season ever. plus the defense secretary saying iran is deeply involved in the violence in syria. we'll ask ambassador bolton exactly what the islamic republican i republic is trying to do and what it means for the united states. it's all "happening now."

hello and happy wednesday to you. the target is swing states, the presidential candidates and their running mates taking their messages to the political battleground that could decide who wins in november. i'm jon scott. jenna: those swing states get all the attention. jon: they really do and all the advertising. jenna: we'll leave those not swing states. we don't need those necessarily here. i'm jenna lee. we'll start off what is happening with mitt romney today. today the governor holds fundraisers in north carolina and alabama which carries 15 and 9 electoral votes respectively. it is north carolina four years ago that went democratic for the first time since 1976 that republicans certainly want to reclaim this time around. mr. romney completed his four-day bus tour of several battleground states last night and the ever important ohio we've been talking a lot about that. the president today, president obama wraupg his bus tour, this time it was three days is in the state of iowa.

iowa helped launch then senator obama's 2008 bid for the white house. six electoral votes up for grabs there, all those votes count very much. for the number twos today, they are getting a lot of attention. jon: they sure are. jenna: there is a lot of new headlines when it comes to the number twos. joe biden holds a campaign event at virginia tech. paul ryan holds a rally at his alma mater of miami university in oxford, ohio. that's where we find chief washington correspondent james rose an. paul ryan is focusing today on young voters. what exactly is his pitch to the youth? >> reporter: good afternoon. representative ryan will likely pivot from the fact that just last month, in the month of july college graduates age 20 to 24 suffered an unemployment rate of 11.5%, that is more than 3 points higher than the national average, more than three points higher than it was four years

ago. ryan will try to make the case why he and governor romney would do a better job than president obama at creating jobs for them. ryan will also note that student loan debt has surged under president obama. according to federal statistics like 36%. the obama biden campaign counters that under the ryan budget nearly 10 million students would see pell grants cut in 2014. they say president obama has doubled the funding for pell grants. paul ryan is the youngest vice presidental candidate in almost 30 years, and today's miami university students might relate to him a bit if only on the basis of what he reveals about himself in the newest issue of people magazine. the magazine asked ryan, quote, what is on your workout play list. i grew up in the 70s and 80s, i listen to classic rock. acdc, zepplin. what are you reading for fun. i read policy. biographies, i listen to lectures in the car. i enjoying studying the even

tightenment which is 18th century debate. any low brow pleasures like the real housewives? i don't have time. i like movies, the good, bad and the ugly is on my eye bad. listen to people to suss out these kind of details. i like to think of people as the masterpiece theater of celebrity magazines. jenna: he lost me there on the real housewives. he could have picked at least one group. let's get back to the issues. this really hasn't been about young voters this time around especially with the announcement of paul ryan overt weekend. over the weekend. it's been about the elderly and medicare. how does that come inch ta play. >> reporter: on both of those issues we are seeing the campaign of accusing each other of rank disonnes dishonesty. the romney-ryan ticket is determined that before december 6th every senior in

america will have heard their charge that president obama is looting $716 billion from medicare to pay for obama care. the obama campaign says those cuts are being made to medicare providers, insurers and doctors not to medicare seniors, and the president's campaign released a new video on the subject today. >> the paul ryan medicare plan turns medicare into a voucher system. >> the cuts in medicare that he's proposing, to replace medicare boy a voucher system would in the end mean that tens of millions of older americans would not be able to afford essential healthcare. >> if you look at the ads described and the devisiveness based on income, age, ethnicity and so forth it's designed to bring a sense of enmity, and jealousy and anger and this is not in my view what the americans want to see.

>> reporter: i asked a romney campaign aid about this. the 716 billions in medicare isn't coming from the seniors, it's cuts to the insurers, and the doctors. th-pb the romney aide says that is a distinction without a difference. the providers pass those costs they are going to bear onto the seniors in immediat medicare. jenna: a people magazine subscription on the way to you james rosen on the campaign trail. >> reporter: awesome, can't get enough. jon: now this fox news alert for you right now, nearly 50 wildfires are raging across the west. one firefighter killed in the line of duty in iowa. a fire on the nevada-oregon border already has burned nearly half a million. air tankers are dropping water and orange covered slurry on fires up and down the state of california, with 900 forced from their homes in central washington. a wildfire there is destroying hundreds of buildings.

those who live nearby describe the terror. >> that was on fire, that was on fire, those people's house, we literally were running for our lives. >> we are concerned, we are really, really worried because it just takes a cinder, one cinder and a sift of the wind and we've got to get our animals out, and so it's really, it's awful. you can't even explain what is going on in your mind. you're like sick to your stomach. >> when you hear the sound of the fire coming over the ridge it makes a real believer out of you. it's very convincing that something very serious is happening. jon: we are joined on the phone by rob harper, public information officer for the washington state emergency management division. rob, there is word that this could go down in the history books as the worst wildfire season ever. i understand you're experiencing some of that in washington state. >> the past couple of weeks we really started to pick up fires. this latest fire started last

monday. we only have 10% containment as of this morning and it's going to be a long fight on it. jon: it's been several weeks without rain there in washington, that is unusual for your state, isn't it? >> well on that side of the cascade mountains it's dryer, it's like the inner mountain west with sagebrush and pine ain't gets very dry and it's been abnormally dry this year like much of the western states, and so it's an area which has high fire danger. jon: 10% containment isn't much. what does the future look like? >> they are pouring more resources on it. more aircraft have been added. the number of firefighters has gone to more than 800. the weather will have to cooperate. they will get a little bit of break today, this weekend it will get warmer and windier with a chance of lightning and thunder. jon: we heard that people have been just cutting their animals loose, letting them out of pastures, cutting fences down, that kind of thing to let some of the animals runaway from the

fire. >> there's been big concern about the number of animals in the area, horses, cattle, other pets, and there has been an evacuation center set up for animals but it is a major concern. it is an area where there is a lot of livestock and horses. jon: 60 homes destroyed at last count? >> that's correct. that number may rise as firefighters get a chance to get into the areas that have been burned. certainly the number is pretty high. it's probably one of the highest numbers of homes burned in a washington fire in the last two decades. jon: rob harper from washington state emergency management we wish you well as your firefighters try to get a handle on this thing. thank you, sir. >> thank you. jon: fox news alert in syria. a bomb attached to a fuel truck explodes injuring at least three people in central damascus. reportedly happening close to a hotel where being u.n. observers are staying. violence now part of every day life for those who live there. our own steve harrigan is in

northern syria. he filed this report just moments ago on how people in that area are coping. >> reporter: the very old and the very young are the only ones left in many syrian towns where the young men have gone off to fight and the children play in the wreckage of battle, turning the turret of a destroyed government tank. families who have money have fled but most cannot. they remain behind scrapping for bread now distributed by the rebel fighters who control the town. each night the town gets shelled from a government outpost a few miles away. the soldiers fire artillery into buildings filled with civilians, their own people, apparent lie eyeing the town's water tower as an aiming point. since the hospital was looted the only doctor who remains does what he can. this boy was blown up by an artillery shell he says, then when he tried to crawl out of the building a sniper shot him in the leg. jon: that was steve harrigan

doing very courageous reporting from northern syria. we will try to check in with him live later in this hour. jenna: when you see the families affected by the chris sis it sort of brings it home. jon: it's unbelievable. syrian on syrian violence. jenna: 18 months of covering this story on "happening now." new fears today, a new angle to the story. the passenger is warning officially that iran is involved here. in way that might surprise you, what our defense secretary is accusing teheran is doing, how it may impact the fighting there, also our role we'll talk all about this with ambassador bolton ahead. jon: a scandal rocking the department of homeland security, the shocking accusation that forced a top official to take a leave. we are live with that story. jenna: this is no ordinary butterfly. of it doesn't look like one, does it? it looks sort of strange. scientists say it's genetically modified. it's a mutant, if you will. and it's the latest fallout from last year's nuclear disaster in

japan. how about that. there is a lot of concerns other species could be affected by the radiation. we have that story on the way for you.

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fiber one. jenna: back to syria now, it's nuclear a ambition is not the only concern. they are saying iran is playing a bigger role in syria. leon panetta says teheran is bolt terg bashar al-assad's forcers as they battle rebel forces who have been trying to topple him for the last 18 months. >> it is object wrus to bot obvious to both general dempsey and i that iran is playing a larger role in syria in many ways. not only in terms of the irgc, but in terms of assistance,

training, there is now indication that they are trying to develop, or trying to train a militia within syria to be able to fight on behalf of the regime. so, we are seeing a growing presence by iran. jenna: ambassador john bolton is a former u.s. ambassador to the united nations, also a fox news contributor. ambassador, leon panetta saying that iran's influence is growing. he mailed it very clear that right now our influence is staying the same. what is the consequence of that? >> well i think iran's presence in syria military has been extensive for quite some time. reports of the revolutionary guards for some time certainly providing weapons and financial assistance as have been the russians while we're on the subject. the training of syrian militia also not entirely new. we know that the ma shreurb sha

from iran famous for suppressing the demonstrators after the fraudulent 200 the election have been there. many reports of terrorists from hezbollah and lebanon there as well. the fact that the defense secretary is now saying this it may indicate that the iranian presence is enlarger than we had previously suspected kwrao going back to the question then, what is the consequence of having iran more and more involved in syria while we remain relatively uninvolved at least on the ground there? >> number one it shows the stakes for iran in keeping the bashar al-assad regime in power. would i add russia to that category again there too. which means that the last 18 months and hopes for a diplomatic solution, a transition away from bashar al-assad i think have been very misguided on the part of the western europeans and the obama administration. the syrians depend on russia and iran, and iran and russia are happy to shed a lot of syrian

blood to keep bashar al-assad in power. they've already helped do so and they are prepared to continue to do that. jenna: we talked about iran's nuclear program and what the timeline looks like and what it means for our national security. what do you think this effect of trying to spend time and energy in syria is having on iran's nuclear program? is it distracting to the regime? is it taking resources away from the nuclear program or is it doing the opposite and motivating them more to get it up and running faster. >> if it has any effect at all it's much more likely to be the latter. if we don't like iran's behavior in syria and elsewhere today, imagine how much more difficult it will be to deal with iran once they have nuclear republicans weapons. i think the syrian case is part of iran's effort to extend overt entire region and with islam through the malaki regime.

that's why the stakes are so high for iran. a defeet for bashar al-assad in syria would be a set back for iran's regional ambitions, no question about it. jenna: it becomes what is our next step here? we are at 18 months into this conflict. we've heard from the pentagon that we will not be acting unilaterally. there is some talk about potentially having safe zones in turkey and jordan, but even no-fly zones are not on the tail and not a priority according to the defense secretary. what is our next move. >> if they are waiting for some kind of collective authorization from the security council or somebody else they will wait a longtime before it happens. i think the obama administration is unwilling to get involved in syria because they know russia and iran are on the other side. that to me argues for a more vigorous approach. but secretary of state clinton said almost two months ago now -- complained that russia had paid no price for its

support of the bashar al-assad regime. she is right. what is the administration doing to make russia and iran pay a price? the answer to that is precious little. jenna: it is that time for campaigning, though, we have that election around the corner, that is an interesting dynamic in all of us. it certainly gives us a lot to talk about. nice to have you back with us as always, sir, thank you. >> thank you. jon: vice president biden comes out swinging on the campaign trail, was it intentional or another slip of the tongue? the charges that left the romney campaign crying foul and critics asking about a double standard in the press. juan williams and marry catherine ham join us for a debate as the political rhetoric gets ugly again. and who can forget these images? now word that the devastating tsunami that hit japan and caused a near nuclear meltdown has spawned a mutant insect, one you can find in many backyards this time of year.

jon: we're inside america's election headquarters. right now a new round of political attacks is raising more questions about the tone of this presidential race. accusations are flying as both campaigns ratchet up the rhetoric. yesterday in virginia vice president biden raised eyebrows using the following language to suggest what would happen if governor romney and the republicans rollback wall street regulations, listen. >> romney said in the first 100 days he's going to let the big banks once again write their own rules. unchained wall street. they are going to put you all back in cha romney campaign cald

that remark a quote, new low and prompted this response from governor romney himself. listen. >> over the last four years this president has pushed republicans and democrats about as far apart as they can go, and now he and his allies are pushing us all even further apart by dividing us into groups. he demon ices some, panned tkers to others. his campaign strategy is to smash america to part and try to cobble together 51% of the pieces. mr. president take your campaign, your division and anger and hate back to chicago and let us get about rebuilding and reuniting america. [cheers and applause] jon: the obama campaign is not backing down. mr. obama's deputy campaign manager says, for months, speaker boehner and others have called for the unshackling of

private sector from regulations that protect americans from risky financial deals. let's get a fair & balanced debate underway. mary catherine ham is editor at large for "hot air.com and a fox news contributor. juan williams is a fox news political analyst. what do you make of what the vice president had to say in southern virginia? >> i think it's par for the course with liberals going off conservatives. we are used to, tea partyers in particular accused of being racial throwback that want to turn back the clock. those are in line with comments coming from the vice president. he doesn't always make mistakes because he's goofing up. he makes mistakes because he's not a nuiance speaker. he changed his tone in this particular setting to send a specific message. you've heard about racial dog

whistles in the past, embedded very subtd he wil subtle messages in the campaign, this was a trombone. they are talking about chains and dogs. jon: do you see what he had to say as racist in some way, juan? >> not alall. i have s-fp respect for mary catherine. this is an example of where something is being blown-out of proportion. he was talking about all americans and using an analogy with regard to wall street and the fact that republicans do want to pull back a lot of the regulation, dodd-frank and the like and the interpretation is that it would have negative affect on americans, on the american economy, on mortgage rate, bank loans, interest rates and the like. the idea is that it will put people in shackles. i think the racial component is he was speaking in southern virginia almost on the north carolina border to an audience that included lots of black folks and therefore it was seen as appealing to racial feelings

this that audience. that is a real stretch in my mind. again that is where this campaign has been going, jon. people pick up on pettiness and blow it out of proportion. jon: i guess, you know, what offends one is in the ear of the beholder, juan, but if a republican said that, i mean if mitt romney got up there in front of that south virginia audience and said, put you all in chains, wouldn't he be excoriated in the press? >> he didn't do that before the naacp he gave a very straightforward, i thought admirable speech and i don't think vice president biden was placing to racial and a months satisfactory tees here. >> i think what he was march shalg there imarshal link there is the exact thing you were stating, take this history and turn it into a problem for republicans there, exacerbate

there. there is a clear track regard of democrats going off republicans for turning back the clock and blatant accusations of racism, almost entirely unfounded frequently. i think there is a clear pattern here. it's nasty. i saw paul ryan on the stump the other day he's talking about energy and the debt and they are talking about a dog and chain. one is dumb, the other is dirty. jon: is this sort of a newer lee moment on the calendar for the campaign to get this nasty? juan, what do you think? >> jon, you know it depends on the campaign you're talking about. but i mean you think back to obama and mccain, i think this is a little earlier in terms of the viciousness, but when you think back to bush versus kerry the swift boatin boating on john kerry and the attacks, blood for oil with president bush that got nasty pretty early. what strikes me is how low it's getting so early. come on this is really way off message for both campaigns. i wonder if either of them

really want to go down this road, it's pretty low to me. >> i feel like romney is pretty on message. if they pulled that debunked cancer ad maybe we could get back to talking about the debt. >> obama wants everybody on welfare they say, clearly not through. that's what is going on in this campaign. >> that has a lot of truth in it. jon: we'll continue watching it. mary catherine ham and juan williams thank you both. fox news reporting, fixing our schools hosted by juan williams, you can catch it sunday at 9:00pm eastern right here on fox news channel. jenna: explosive charges of what is being described as a frat house atmosphere at the department of homeland security. now top officials on leave. we will take a look at the complaints against her. we are next with that story.

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help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. ing. jenna: welcome back, everyone, "happening now." a top homeland security official is on leave following allegations of lewd contact. i.c.e. chief of staff suzanne barr is accused of cultivating a quote, frat house style work environment. two employees coming forward with new complaints. barr voluntarily placed herself on leave pending result of a internal review. doug, let's start with first who is behind these charges? >> jenna the original charges were brought in light in a lawsuit filed by

james t hayes, jr., the head of of the office of immigrations and custom enforcement. in a retaliation lawsuit hayes says secretary janet napolitano favored female employees and favored them over better qualified male employees. in two affidavits filed by other i.c.e. employees as part of the hayes lawsuit. it is alleged chief of staff suzanne barr during discussions of halloween plans and turned to a employee and said, quote, you're a sexy ex-plo tiff deleted. she looked in her lap and said expletive deleted. we'll not get into the two details but two employees laughed nervously. the names of workers making the claims have been redacted. another trip to colombia in late 2009, where suzanne barr was described drinking heavily at the house of mission for the u.s. embassy there. the affidavit says during the party, suzanne barr

approached me and offered to perform a sex act. i got off the telephone with the attorney who represents plaintiff, james hayes. attorney morris fisher says people continue to come out of the woodwork regarding allegations. we shall see. jenna: any response from the department of homeland security, doug? >> reporter: dhs has issued a statement in part, quote, i.c.e. has referred the allegations to the dhs office of inspector general and i.c.e. office of professional responsibility for review. miss barr voluntarily placed herself on leave pending the outcome of this review. further, i.c.e. public affairs director brian hale said in a written statement that the department would respond directly and strongly to this lawsuit in court. to be continued, jenna. jenna: that's for sure, doug. thank you. >> reporter: yeah. jon: right now scientists are saying mutant butterflies are part of the fallout from last year's nuclear disaster in japan. rick folbaum is on it from the breaking news desk.

>> reporter: jon after the devastating earthquake and tsunami that followed, japanese officials went on to say the radiation leak from the fukushima plant was not a threat. it was hard to believe that at the time since the nuclear plant suffered a almost total meltdown. scientists have proof that the radiation link was harlful. they point to a species of butterfly they have been tracking ever since the catastrophe. here is a healthy looking adult pale grass blue butterfly. that is the butterfly trademark. hear is the same species of butterfly. as you can see it looks very different. most of the spots are gone. wings, legs antenna, eyes all deformed. scientists say this particular species of butterfly is mutating at an increased rate. every time it breeds the mutation rate goes up. it is 58%. scientists have to do more research if this is happening with the pale grass blue butterfly most likely they say it is happening with other wildlife and insects in the area as well.

humans they say, are less likely to be as affected since we're more resilient to radiation exposure. still new hard evidence that the fallout from fukushima will be much worse than what we were originally led to believe. 15,800 people were killed. another 3300 are listed as still missing from that earthquake and tsunami back in march of last year. many of the hundreds of thousands of people, jon, displaced are still without a permanent home. still tough to look at those pictures. jon: unbelievable to watch the video from back then. rick folbaum, pretty disturbing stuff there. thanks, rick. jenna: congress hits a new low in the eyes of voters if that is possible. well it is, because a new poll shows a dismal approval rating of those on capitol hill. we'll ta aut the effects that might have this coming november. also this. two planes smash into each other but there was nobody on either. we'll need jon scott's help on that. jon: what?

jenna: how this bizarre crash happened, next. male spirit present.trong it's the priceline negotiator. >>what?

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jenna: we talk a lot about the fiscal crisis facing the country and rightfully so. the national debt is spiraling out of control. right now topping $15 trillion. you can see that number still moving up. to states right now, -- 20 states right now, plus d.c. are you canning about the trend. virginia is reporting a hefty surplus finishing off the fiscal year with a nearly extra, extra, $450 million. the state's governor, pick pub bob mcdonnell. jones us now. he is also the chairman of the republican governors association. governor, everyone would like to make more money than they thought and have a surplus. what was the key for that? what was the key in your state? >> it is growing the economy. that is really the secret.

it is not raising taxes. we spend a lot of time, jenna, the last couple of years, focusing on job creation programs. we've been positive about business, keeping taxes and regulation low. opening up foreign trade-offses going on tradens ae about why it is a great place to do business. so that's where we see the growth and in income taxes and corporate income taxes and sales tax,. consumer confidence, people are buying things again. so, we've had a good career. two years in a row over 5% growth and $450 million surplus, a billion four of surpluses in the last three years. it is always positive. jenna: a lot of dynamics at play. you delivered a speech in front of, i believe the joint meeting of the senate finance, house appropriations and house finance committees. that is pet official group. >> yeah. jenna: one of the things you mentioned repeatedly the bipartisan support you had for this. this is key. everyone keeps telling us bipartisan exists. it is sort of like the loch ness monster.

people keep saying it is out there but you can't see it. as a republican governor, how did democrats help you and what common ground did you find with democrats in your state. >> unlike washington, every governor has a balanced budget requirement. we can't kick the can down the road like the president in washington. we have to make expenses and revenue meet every year. secondly, people understand in virginia it has been business growth really keyed our economy and not more government and more tax increases. so democrats are willing to work with us and i give them credit. i try to tone down the rhetoric. not ratchet it up like president obama is doing and give everybody a stake in the outcome. i think it worked pretty well. it has been a good formula. we have a split general assembly, 50-50 in the senate and split republican house and they find a way to get things done. if you do that and tone down the rhetoric and focus on results amazing what you can get done. jenna: like to ask you a little bit about the general

election. you mentioned president obama there. you certainly campaigned for governor mitt romney. we look at your state we see a trend in like other states where you have prominent republican governor. you see job growth and unemployment rates coming down like yours and wisconsin and florida. you're really out in front on that. when you look at the polling inside the state, the states are still polling in favor of president obama. i'm curious your thoughts on that, about why you think maybe there is a disconnect between the republican leadership in those states and the republicans getting credit for that progress when seems like voters in those states right now are leaning more democrat? why do you think that is happening? >> that will be the discussion. the president desperately is trying to convince people the stimulus and bailouts and everything that contributed to success in virginia. and, my job is to show no, state-based economic policies. in fact if you look across the country, 10 out of the states with lowest

unemployment ha republican governors. states with the best climates of business have rub republican governors. jenna: i'm sorry to interrupt, governor. do you think the republicans are knot articulating their message clear enough? do you think the public is not giving them credit for that progress? or do you think the argument coming from the president is resonating more from americans. >> i don't think it is the latter. i think there is general sense, independent voter looks at this at 30,000 feet. if unemployment rate is low you have surpluses everybody gets credit. maybe that is the way it should be. i think mitt romney will win virginia. jenna he was down by eight points four months ago. now it is a dead heat. the momentum is going the right way. i think more people look at the horrible record of this president on job creation. 8% unemployment right now for over 42 months and a crushing debt of 16 trillion and growing. no energy policy. i'm going to do everything i can to convince people we need a change even though

we're doing well in virginia. we would be doing a lot better with mitt romney. jenna: whoever gets the credit will win the white house. look forward to having you back on the program. thank you for your time today. >> thank you, jenna. good to be on. jon: fox news gets an, exclusive look at congressman paul ryan's economic plan. on capitol hill he of course serves as chairman of the house budget committee. now that he is governor romney's chosen running mate, he is pushing his tax plan even hardering telling our own brit hume saying lower taxes across the board will be best for everyone. rich edson has details from the fox business network. so bring us the details. what is in the ryan plan? >> reporter: good morning, jon. early on so much of this campaign when it comes to chairman ryan is focused on his plan for medicare. but brit hume discussing broader economic issues especially tax policy. yesterday, ryan outlined the republican plan. >> we're saying prevent the obama tax increases from hitting the economy. we know it will cost us jobs and clean up the tax code.

stop picking winners and losers in the tax code. get rid of tax help enjoyed by the wealthy so more of their income will be subject to taxation. >> reporter: democrats criticized ryan for not identifying which deductions, loopholes and preferences he would give under any kind of tax system. ryan as chairman is writing an overhaul of the tax code. next year they plan to identify those. that is the plan. when you identify what democrats and republicans do to the tax code. athey agree you have to lower tax rates. to get rid of deductions to do so will be a awfully difficult fight. jon? jon: rich edson reporting from washington. thank you. the. jenna: it is certainly not what you're used to seeing as graphic images replaced company logos on, you can see it there, on cigarette packs. why the change? what is up with that? we'll have more on the story coming up on "happening now"

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jon: if you're health-conscious like jon is. jon: yeah. jenna: or counting calories like the rest of us. you may think you need to avoid fast-food joints s that the case though? dr. marc siegel is here to explain. dr. siegel, no hamburgers for jon or not. >> when you think fast-food burgers and fries come to mind. they say they have such success selling healthier options they're expanding sources. just this summer, mcdonald's announced a nationwide launch of under 500 calorie menu featuring burgers, snacks and beverages all easier on the waistline. other chains are following suit. in the past year burger king introduced a other options.

garden salads and fruit smoothties. they changed to fat-free cooking oils like canola to help the health-conscious consumer and they're not stopping there. >> we have committed to reducing sodium by 15% across our national menu of food choices by 2015 as well. we're also taking steps by 2020 to reduce the number of calories, saturated fat, and added sugars. >> well, jenna, critics say calorie counting isn't america's strongest suit. there are other issues here. most consumers don't know when to stop. there other things besides calorie making the obesity rate in the u.s. the highest in the world. >> people know it is not good for them. they're pretending. they're in denial. everyone at this point who can read knows fried food or extra sugar isn't good for them. when you buy oatmeal that isn't just oatmeal and maple and brown sugar added to it,

you know it is not good for you. >> listen up, jon. one thing is for sure. if mcdonald's and other fast-food empires are emphasizing healthier choices while at the same time keeping burgers and fries it is because it makes good business sense. jenna. jenna: they see the dollars signs. >> exactly. jenna: dr. siegel, thank you for that. jon: i like my own burgers. i barbecue on the grill. jenna: we're open to jon bringing burgers in anytime. jon: okay, you go it. we're working a strange sight in tennessee. two planes collide and neither had passengers on board. one private plane resting on top of another we're told that the crew was towing the larger aircraft when it somehow broke loose from the tug and sort of slammed into, picked up the tail of the smaller plane. the pilot causing what is believed to be, more than $100,000 in damages. aircraft are not cheap. jenna: that's a lot, wow. jon: no one was hurt. the faa is investigating.

the owners of those planes are probably crying. i'm just saying. we reported july was the hottest month on record with millions of americans trying to cope as best they can. so what does that mean, jenna, for your local mechanic. jenna: i could never guess this story. jon: o'brien automotive in tulsa, it means kilts the owner says he swapped kilts for pants four summers ago and hasn't looked back since. he sometimes get as few laughs and stares. working in a kilt while working under cars requires a certain etiquette. he says beware of leather seats in 100 degree heat. jenna: we would have told you that. ask the ladies. that there is a little bit after risk. jon: if my mechanic is under the car on one of those creepers i don't want them wearing a kilt. jenna: i give credit to the folks in tulsa. be original. wear a kilt. prosecutors dodge another bullet in the drew

peterson murder trial. we'll tell you why the judge seems to be losing his patience and how this could affect the case. a new study shows some of us are more likely to suffer from heart disease than others. comes down to the blood type. we'll tell you about it, next. hi. i'm henry winkler.

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of your retirement today. ♪ ♪ jon: fox news alert, and a shooting this morning in washington at the offices of the family research council. the conservative christian-oriented organization, apparently a suspect walked into their offices in the 800 block of g street in washington northwest, made some comments about the kinds of causes that they support, and then opened fire. a security guard was struck by the bullet. that guard is said to be okay, has been taken to the hospital, but, again, according to the information we are getting the security guard was shot. the president of the family research council, tony perkins

is saying that our concern is with our colleagues -- our colleague who was shot and his family. the suspect was taken into custody. nothing else known about his motives, but when we get more information about this shooting today at the family research council we'll certainly bring it to you. also this fox news alert, we are waiting to hear from vice president joe biden after some comments yesterday that set off a campaign firestorm. the vice president telling a group of obama supporters in virginia that governor romney's policies would, quote, put you all back in chains . he might address those comments. we will keep you updated as soon as the news conference that he is about to hold begins. rick folbaum in the "happening now" now control room we are watching the breaking stories for you. brand-new stories we are working

on for you over the next 60 minutes. you know if you smoke, if euro bees and don't exercise you're putting yourself at risk for heart problems. there is a new study that says there is something we have no control over, our blood type which could also put us at risk. the only known pow being held in afghanistan, could he soon be sent free? the status on talks between the u.s. and thebig news out of pena today that could have a major impact on the presidential election in november. we'll tell you what the judge has ruled that has folks in the obama camp fuming today. all this and more as the second hour of "happening now" starts right now. jenna: let's get straight to politics. the president wrapping up a three-day tour in a key battleground state of ohio. we are glad you are with us, everybody, i'm jenna lee. jon: i'm jon scott. welcome to the brand-new hour of "happening now."

the president is trying to nail down the base in a state that helped him win in 2008. iowa crucial this time up with six electoral college votes up for gabs. the president talking medicare and the economy and promising support as that state deals with one of the worst droughts in history. jenna: there are a lot of folks traveling with the president as he continues his bus tour. one of them is our chief white house correspondented henry riding along with the president in iowa with more for us. >> reporter: interesting, because as jon was noting the president has focused his attacks against the republican ticket in the last couple of days on the farm bilk held up on capitol hill, on the wind energy tax credit that the republican ticket opposes, trying to taylor his message to this battleground state, but we're told by campaign aides today the president will open a new front in his attack against paul ryan the new republican running mate

and focus in on immediat medicare. we've herd how that limb packet obviously voters all across the country -rblgs it's becoming a defining issue in this campaign. especially in battleground states like florida. there is a web video where they hit paul ryan on this. yesterday vice president joe biden was out on the campaign trail also hammering away, take a listen. >> i don't get what is gutsy about giving millionaires another tax break. i don't get what is gutsy. i don't get what is gutsy about gutting medicare and education to pay for those things. >> reporter: now you've heard a very strong push back in the last couple of days from paul ryan as well as mitt romney at the top of the ticket, but specifically congressman ryan yesterday with our own brit hume saying, number one that what he's trying to do with medicare is reform it long term not end it and make sure it's around for future generations, number of one, and number two that it will not impact anyone who is 55 years or older. finally, paul ryan has been

making the case that the president himself has been making buy changes to medicare with his healthcare reform. take a listen to congressman ryan. >> what president obama is trying to do with his medicare plan he's trying to count a dollar twice. he's suggesting the cuts help medicare but it doesn't. he's taking the money to spend it on obamacare. >> reporter: in a sort time in iowa the president himself will weigh in on the medicare battle. he'll be rolling out an important surrogate, the first lady michelle obama will be joining him. she has a kinder, gentler approach. he has that as he tries to appeal to voters. jenna: a quick question for you we can see the crowd gathering over your shoulder there. what has turn out been like for the president for the past couple of days? >> reporter: these are smaller areas been going to there or

california. the bottom line is he's had a few thousand people at a lot of these events, rallies. you can see people gathering behind me. probably going to be a couple thousand people here in debuque. what the campaign has been saying is look the president is going to the smaller areas, you mentioned six electoral votes in this battleground states because he wants to compete for all the electoral votes. he is getting smaller crowds than he did in 2008 when he was the new person coming on to the stage, campaign aides stretching this is still early in the campaign. come the fall they are expected to have larger rallies. jenna: you know as a married man when your wife is with you everybody likes you better, that is just a fact. >> reporter: i didn't know you were going to drag my wife into this. that's true, she's more popular than i am. i love jon scott but you're more popular than he is. jenna: now you get me in trouble. i was just trying to say that would be a draw today. here you go it's my fault. ed henry always good to talk to you. jon: and we are only a television couple jo that's right.

jon: there are new concerns over fraud as young illegal immigrants apply for temporary protection against deportation. the first day of a controversial new obama administration plan. as many as a million people who came to the u.s. illegally as miners are expected to enroll. hour chief intelligence correspondent catherine herridge is joining us live from washington. what are the concerns here, catherine. >> reporter: good morning. as you mentioned today is the first day that the six-page form called consideration of deferred action for childhood arrivals can be filled out by 1.8 undocumented immigrants to came to the united states as minors. the cost of a successful application that effectively defers deportation for two years is nearly $500. federal officials releasing a list of 33 types of documents that will qualify under the program. they include evidence of enrollment in a public or private school, that an individual has a high school degree or that they are taking some type of vocational

training. >> as seen in other immigration contexts that people can be very sophisticated in devising ways to defraud and create and manufacture fabricated documents. i think dhs will have a real challenge on its hand trying to police the fraud problem at the same time processing millions of applications in a timely manner. >> reporter: in chicago the lines began forming at 11:00 last night to fill out the application at the navy pier. when this announcement was made in june the president blamed republicans for blocking a law that he said had bipartisan support. >> it got 55 votes in the senate but republicans blocked it. the bill hasn't really changed. the need hasn't changed. it's still the right thing to do, the only thing that has changed apparently was the politics. >> reporter: two republicans, senator grassley and congressman

lamar smith responded, while potentially millions of illegal immigrants will be permitted to compete with american workers for jobs there seems to be little if any mechanism in place preventing fraudulent applications and documentation. the republican lawmakers go on to say that they believe the administration is essentially pressing the replay button for large-scale fraud from the 1986 amnesty, jon. jon: catherine herridge live in washington. thank you. >> reporter: you're welcome. jenna: new developments in the voter i.d. battle that could have major consequences around the country. a pennsylvania judge is giving the go ahead to a new law that is requiring voters in that state to show a valid photo i.d. republicans say this law really protects the integrity of elections. democrats say this is really a partisan scheme. senior correspondent eric shawn is live with the latest on this. >> reporter: voter i.d. has been upheld. it's in this 70-page opinion. in it pennsylvania commonwealth court judge robert simpson refused to grant a preliminary injunction to stop the voter

i.d. law. he ruled opponents did not prove their case, saying that requiring a photo i.d. to vote is not, quote, and even due burden. the aclu and other groups foiled a lawsuit against the new law. they wanted an injunction to block enforcement of the law before november's presidential election. lawyers for the state argued requiring identification at the polls is a rational step and judge simpson agreed. he ruled that requiring a photo i.d. is a reasonable procedure, he said. he said people who may not have one can always vote by an absentee ballot or a provisional ballot. he noted, quote, i am not convinced any qualified election threat needs to be disinfranchised. i'm not convince not convinced. with noncitizens voting, double voting and people voting who

weren't even registered to vote, an estimated 759,000 people, 9% of pennsylvania's voters might not have a government-issued photo i.d. the lawyers arguing against the law vow to go to the state supreme court about it saying, quote, we are disappointed but will seek to appeal. at trial we demonstrated that there are about a million registered voters who lack the i.d. necessary to vote under pennsylvania's photo i.d. law. if the court decision stands they claim a lot of those people will not be able to vote in november. meanwhile the justice department is investigating the way the state election officials are administrating the law. they want to make sure that it complies with federal law. of course if you suspect voter fraud or voter problems if you are there is our address. voter fraud at foxnews.com. and we read every single email. jenna: we know you do. thank you. jon: there are those concerned about making sure that only legitimate voters go to the polls, brand-new numbers are out

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jenna: new information on a few crime stories we're keeping an eye on this hour. george zimmerman's legal defense fund is apparently running out of cash according to the attorney representing zimmerman. he is on trial for second-degree murder for shooting 17-year-old trayvon martin. the home of late steve jobs robbed in california. police say it happened last month with more than $60,000 worth of items stolen from his palo alto residence. the suspect is now in custody because of that. and new developments in the fort hood shooting, a not guilty plea extent edda from major nadal hasan. he is charged with 13 counts of

first-degree murder in the 2009 rampage. court-martial proceedings are expected to begin next week. jon: what do you think about the u.s. congress? well nationwide congressional approval ratings are sinking to a new low. the gallop organization shows approval of congress at just 10%. in the past year nearly 4,000 bills have been introduced in congress, less than 2% of those bills, 61 of them have become law. those statistics make it the least productive congress since world war 2. given those numbers it's not surprising that a concern in the upcoming election is whether or not voters will even bother to show up. let's talk about it with charlie hurt, a columnist for the washington times. charlie, some would say if congress isn't passing a lot of new legislation that could actually be a good thing. what do you think? >> absolutely, you know,

ordinarily americans and taxpayers would be far better off if congress would stop helping us so much, but the problem is that the way they sort have fouled up the whole system is that even when they are not producing anything all the spending, the massive spending as it goes on autopilot, we are on the hook for all of that. we keep getting further, further, further, deeper into debt and right now we actually need them to get together and do something to stop the spending. most famously the last remotely productive congress we had was when democrats controlled the house, they controlled the senate, nearly filibuster proof. it was filibuster proof at one point, and the white house, and at that point they didn't do anything to stop the spending or to slow the spending, but they did give us obamacare which hasn't gone over so well with voters. jon: one of the proposal

proposalproposals that's been out there is if song doesn't at the very least come up with a budget, the most basic thing that they are required to do, if they don't even come up with a budget then nobody in congress gets paid. what do you think about that? >> i've always thought that would be a wonderful way to get everybody kind of serious and get them to the traeubl. th traeubl. the house -- to be fair the house has produced a number of bills, passioned a number of bills that's about on par with what most houses, you know, going back to world war ii have. the real prop problem is in the senate. the senate is completely locked down under the leadership of harry reid, when democrats controlled every lever in town they failed i think for four out of five years, i think it's been four years now since the senate has approved a budget. and as you point out, jon, it is such a fundamental, such a basic sort of litmus test, the

legitimacy of the legislature, and they haven't even produced a budget. each of those years the house at least has produced a budget of some sort, but it of course goes nowhere because they can't get anything done in the senate. jon: the president is fond of blaming congress for, you know, his perceived problems, but it does bear pointing out that half of the congress is the united state senate and they are run by democrats. his problems seem to be with republicans in the house but he doesn't make that clear. >> yeah, and he also has been complaining about this for a longtime. as you point out, you know, for the first two years of his administration his party controlled everything. if they wanted to do away with the bush tax cuts they could have done away with the bush tax cuts, meaning if they wanted to raise taxes they could have raised taxes then. if they wanted to cut spending they could have cut spending, they didn't do any of that. and they waited until their party became unpopular enough

that their majority in the senate shrunk and they lost the house and of course now it is intractable because you've got a joint leadership, you know, more by partisan congress and of course it's going to be more difficult now. but it really does sort of strain credibility for president obama to just try to blame it all on republicans when they did -- they've ran the tables for two years and we still are in a mess. jon: we'll see what happens in november. that is going to be interesting. charlie hurt from the washington times. thank you. >> thanks, jon. jenna: more missteps in the drew petersen m what one prosecutor did to risk a mistrial in their case against the former cop who is accused of killing his third wife. we'll tell you a little bit about that. there's been a lot of drama in that case. new hope apparently for a u.s. soldier help captive in afghanistan. could a prisoner swap set him free? are you receiving a payout from a legal settlement

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u.s. soldier held captive in afghanistan. talks of a possible prisoner swap could soon set him free. rick folbaum is live in our newsroom. >> reporter: we are monitoring this from down here. there are signs that this could actually happen. a prisoner swap woeupb srofl t would involve the only known u.s. prisoner being held by the taliban in exchange for five taliban prisoners health at quit tow. this is beau birgdall the taliban capturing him near his forwarding base in afghanistan. they believe he's being treated fairly well during his captivity and talks between the two sides have apparently begun to gain momentum. hard to know why the taliban

suddenly receptive to the idea of sending the soldier back home, but it could be the result of a realization on the part of the taliban that roles are changing. the u.s. will have a continuing role even when our troops are home and it could be that the taliban wants to play a future in the country. the u.s. and the taliban will have been engaged in talks for some time. the u.s. is demanding that the taliban renounce al-qaida as any part of a relationship and that has not happened here. if and when it does we could see the start of cooperation between the u.s. and the fundamentalist group that gave save harbor, and could result in this soldier coming back home. jon: my younger daughter actually wears one of those pow bracelets with his name on it. it would be nice to get him back home.

jenna: three years. can you imagine as a father that your son would be gone for that long. jon: i believe his folks live in idaho. it would be nice to get resolution. jenna: we'll continue to follow that story, one we wil we will continue to update you on. major developments in the drew petersen murder trial where earlier today petersen's lawyers withdrew a request for a mistrial, allowing the former illinois police officer's trial to go ahead. the defense attorneys move follows several blunders by prosecutors who are seeking to prove the 58-year-old killed his third wife in 2004. beater son of course as we remind you every time we talk about this is also a suspect in the 2007 disappearance of his fourth wife, stacy peterson. he has never been charged in that case. joining me now former prosecutor joey jackson and criminal defense attorney pilar prinz. this is the third time the

prosecutors have done something that angered the judge and also prompted the defense to say, hey, wait a minute, mistrial. is the prosecution losing this case? >> it's a about it problematic. the ground rules are established at the outset, jenna, that is the evidence that is admissible the evidence that is not. oftentimes there is evidence that is relevant to the case but it's overly prejudicial so the jury can't hear it. in this instance when you have rivetting testimony by a law enforcement officer that responded to the savio household at an earlier time when there was a domestic dispute. due peter son shows newspaper a swats eun form and threatens her and she says just do what you came here to do. he pulls out a knife and doesn't kill her. the judge says don't ask the question, did you request an order of protection after this incident. the prosecutor asked the question. jenna: the judge tells you just a few minutes earlier do not ask

this question. the lawyer, says, oh, my gosh, judge, i totally forgot. it was my fault i was going down a list of questions i just happened to ask it. was that part of the strategy? did the prosecutor know not to ask it but slip it in there just to do it? >> it better not as been. as pilar will tell you when you start not following instructions it's problematic. the judge can declare a mistrial. if the judge declares it with prejudice you can't even try them again for the offense. if you declare it without prejudice you can impanel a new jury. i think the defense likes this jury. jenna: it wasn't the judge that even had to make a ruling on this. the defense said out of the goodness of our hearts gearing to let this trial go on. when why is the defense doing this when maybe they had the opportunity here that the judge is not really happy with the prosecution and will make them start over again in. >> it definitely was not out of the goodness of their hearts. i think the clearest message we've got even so far into this

defense team's mind was the statement this morning that the defense attorney made that drew petersen doesn't want to hide behind legal technicalities and that he's being tried by a jury of his, quote, peers. what that says to me is a clear indication that he's as confident today as he's been all along. he likes this jury. he feels comfortable with this jury and he's confident. and he's confident he'll get a good result. jenna: as joey was pointing out, pilar there was this former law enforcement officer who was on the stand telling everybody that kathleen savio came to her and said this guy snuck into my house and i told him to kill me an said he wasn't going to -- it's a crazy scenario. how could the defense be that confident in the jury after the jury heard such testimony? >> i think they are confident because they've now seen this judge admonish the prosecution. i mean for a judge to come out and say to the jury that the prosecution has violated his order, that is a very, very big

thing, and that's a pretty harsh measure to take. i think the ultimate win for this defense and what they were hoping for this morning was that the judge was going to throw out all the prior here say statements and tell the prosecution that they couldn't let in any more here say statements. remember this case really for the state is about hearsay. without allowing in all of these out-of-court statements made by savio and others the state high school a very, very limited case. that is what they were hoping. they didn't get it but still now they have a state that the prosecution clearly is uncomfortable. we saw her to be visibly shaken and may feel thrown off and the defense -- i can't be in their minds but obviously they are saying that they feel good about how things are going so far. jenna: we'll see if they test that line again. you say they shouldn't. jon. >> they better not. one misstep this judge is throwing it out with prejudice and it's not being tried again. jenna: and then he's off. >> that's right, scot-free. >> and then he's off. jenna: and then he's off.

>> th-l we get him for the fourth story. jenna: i have a feeling we'll be talking about mr. drew petersen for a long type. thank you for joining us today. jon: do you know what your blood type is? jenna: no i don't. i really should know that. that is important information everyone should know, right? jon: your blood type could be a factor in whether or not you wind up getting heart disease. believe it or not. the doctor is in with all you need to know. hi, i'm phil mickelson.

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jon: a quick look at some business headlines developing this hour. gas prices spiking. you don't need us to tell you that, heading for a near record high. 2012 likely will be the most expensive year ever for drivers in this country. the average price across the nation for a gallon of gas, now $3.70. analysts say the worst drought in a generation has cut corn production across 80% of the midwest. shares for deere and company, the largest maker of agricultural equipment, fell on concerns of slow tractor sales as a result. the powerball jackpot now among the biggest ever. $320 million. strong ticket sales boosting prize. jenna, no doubt is whiting to give me the 10 or 100 or 1,000 tickets she has purchased. jenna: i waited in line last time. didn't win. jon: oh. jenna: you got to be in it to win it.

jon: that's right. jenna: drought and heat fueling nearly 50 wildfires across the u.s. this is the scene in california. the flames destroying dozens of homes across several states and threatening even more. adam housley streaming live with the latest. adam? >> reporter: jenna, right now at this hour there are major fires burning in every single western state, wyoming, montana, california, oregon, washington, you name them all off, there is a major fire burning there. firefighters say they're stretched thin with a couple of months left. the big fires are here in california and in washington on the eastern slopes of the cascade. that fire there has burned more than 40 square miles and burned down more than 70 homes. the good news it is burning down into grasslands. firefighters say they are starting to get a better handle on it as it gets away profit trees and into those grassland areas. when you're fighting these fires, when you talk to firefighters in type of topography here in the

midwest, they will tell you conditions are rough. >> tough for the firefighters, not only energy release of the heat, the smoke and the flames but they're also dealing with steep terrain, difficult access. weather temperatures we've had in the last few days. >> reporter: here in california there are three major fires burning in the northern part of the state where we're located. two of them they were worried about combining yesterday, that is in lake county. the station behind me is where the firefighters responded from. we're told at this hour they have that 70% contained. it has burned about 8,000 acres. but in the sierra foothills there is fire burning there. the newest fire is in southern california, burning hour and a half south and east of los angeles in the remote area of riverside county. down there it burned out at least one home we know of and continues to chew up acreage. the good news it is in a more remote area. once again, jenna, extremely dry across the west. firefighters are very

concerned we're in the middle of fire season and we still have a couple months left to go and they say they are already taxed and spread thin. jenna. jenna: adam housley live in conestoga, adam, thank you. jon: this story caught my attention, a new study out of harvard identifies some people who have a greater risk for heart disease. researchers are connecting certain blood types with the likelihood of future problems like coronary disease. let's talk about it with dr. tonya altman, a pediatrician and clinical professor at ucla. so your blood type, according to this study may bear some relationship to your future prospects for heart disease? >> well that's what they're saying. it was a very interesting study out of harvard that followed quite a few people, a large population 20 years. that blood types,, ab and b had higher heart risk than o. jon: do they know? >> they don't know but it

provides a small peas of the puzzle. you can't change your blood type but can change your life-style. jon: i asked jenna a little while ago. she said she doesn't know her blood type. a lot of people don't. >> most people don't. i didn't know my blood type until i delivered my blood first sown seven years ago. or give you o-negative which is the universal donor. if you want to find out the blood type i recommend everyone donate blood. go to the local red cross. save a life and find out your blood type. jon: i found out first time i gave blood. ab negative. i'm according to this study greatest risk. 23% higher risk for heart disease. >> you want to make sure you're eating healthy. fresh fruits and vegetables whole grains and getting fish and omegas and exercising every day. don't smoke. if you do stop smoking. talk to your doctor so they can follow you closely. jon: jenna is watching my

diet very closely for me to make sure i don't come down with a problem, right? jenna: yes, that is true. jon: thank you. the doughnuts in the morning are off the table. so what can you do? i'm not going to lose any sleep over the fact that i have a b-negative blood and, you know, supposedly, according to the study have a 23% higher risk of heart disease. >> right. we don't want anyone to panic over this study. i think it just provides a little more information so you can talk to your physician. it is a good way to pinpoint certain populations who may be at high-risk for heart disease and focus more on healthy lifestyle changes. jon: good way to know and find out. like she said, go to the red cross and donate some blood and find out your blood type and might learn something down the road. dr. altman, from ucla. thank you. >> thank you. jenna: jon, we'll run to breaking news in washington, d.c. the shooting we told you about 40 minutes ago at the family research council. peter doocy is the at the

scene where the shooting took place. peter? >> reporter: we're told one person was shot a security guard, shot in the arm. they're in the hospital. in this red brick building police are doing a security sweep. there are report that is the suspect was carrying multiple weapons. we're also hearing report that suspect was a 28-year-old man from virginia. someone, one source close to the family research council says that the suspect posed as an intern. that is according to one source from inside the family research council. we're also hearing reports that the person may have been shouting something about the family research council's politics. if you look at their website, where they stand on the issues, it says the family research council defines marriage as the union between one man and one woman. they say that the family research council recognizes and respects the inherent dignity of every human live from conception. we heard from the president of the family research council, tony perkins. he said the police are investigating this incident. our first concern today is with our colleague who was

shot today. our concern is for him and his family. on their site they talk about the things that they do and where they are. it says, their office is strategically located in washington, d.c. frc is the leading voice for the family in our nation's halls of power. today obviously, jenna, it was a target as well. back to you. jenna: "the washington post" describes them as a conservative christian lobbying group. to give you perspective on whatever that political motivation or motivation may be for for the shooting. we'll learn more later. peter, thank you for the report. happened about an hour ago when we first learned about it, jon. jon: there is a troubling report, jenna on the backbone of the u.s. economy. small businesses. we'll break down numbers and what it explains for you and the economy. then there is this. a lot of folks are jobless out there right now. could you take on maybe a live crocodile? one community is desperately inneed of a reptile wrangler. we'll tell you where hundreds are actually applying for the job.

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jenna: some new numbers right now on the economy, sheding a little light where we are and where we're going. according to one leading index small business optimism continues to drop. that is according to the national federation of independent businesses. we're joined bit chief economist of that group, bill dunkelberg. bill, we keep hearing about recovery. things are better than they have been over last couple years. why are small businesses not more optimistic? >> that's a good question. they're looking into the future and making decisions whether it is a good time to hire somebody and whether customers will show up. what we bound was, more owners think the economy will be worse six months from now than it will be better. more owners expect sales volume to fall over next three months than expect it to rise. consequently there is no reason to hire anybody. they don't expect customers to show up. that makes them pretty pessimistic. jenna: how do we change

that? >> well, there are many ways i guess we could change it. i think one of the most important things is resolve some of the uncertainty that they face. as you look into the future. you're trying to figure out what is going on. looking at an election that is 50/50. that is maximum uncertainty. since both sides are very different. it is like a flip of the coin. will it be number a and number b both which are very different. how do you plan for that? you don't. you sit tight and keep your powder dry and wait to see what happens. that is what appears we're doing. jenna: i want to talk about something you specifically wrote about in the latest report that reflects on last month. the white house you said presented the public with fuzzy math of planned increases. we're told 3% of small businesses will be impacted by tax increases. it is more like 15%. why is there sufficient a difference? what are you looking at? >> we both agree looking at

numerator on the fraction. both make 250,000 say it is a million. the question what goes into the denominator. i think what they're putting into the denominator is people with schedule c business income. one over 30 is 3%. but we think it should be six million employer firms. that is what really counts. what is the incentive for job creation. there are only six million employer firms. the one million over six is more like 12 to 15%. that is the way you're looking at numbers. jenna: you bring me back to fractions in high school. that was not a happy time, bill the things are better bill. i reached out to the white house hoping to get a comment on that because there is lot of different math and estimates. i tell our viewers, that we did not receive comment from the white house. when we do we'll give you that. what are businesses telling you, again, specifically about what can be offered? is it simply certainty? is it simply getting past november? or are we in a new normal

right now in this economy and sort of where we are as a country? >> well i think resolving things is what is important. we need to know, you know, what is going to be the cost of an employee. there are 21 new taxes in obamacare. so one side says they're going to keep it. the other side says they're going to get rid of it. again, 50/50. how do i plan? how do i do calculations on investment returns if i don't know what the taxes are going to look like for example? so, we don't know whether 50 will be the cuttoff for, where you have to pay more under obamacare. will that be changed to some other number? there is just a lot of uncertainty there. consequently we can't plan. if you can't plan, of course you don't hire. if you don't hire, of course the job rate stays, the jobless rate stays high unfortunately. jenna: one with big questions, will certainty actually bring job growth? that is something we would love to talk more about with you, bill, on another segment. we look forward to having you back. thank you for your time today. >> thanks so much. jon: a lot of people are trying to fill jobs.

if you think you have a tough one, it is nothing compared to these crocodile hunters. where they are trying to hire more reptile wranglers. we'll tell you about it coming up.

jenna: right now cigarette-makers brace themselves for some of the world's strictest promotion laws. in one country there are no more logos on packs of cigarettes. instead smokers will look at something very different. rick will show us that. rick? >> reporter: jenna, you want to discourage people from smoking? how about put graphics of people with smoking-related canner on boxs? that is what the australian government wanted to do tobacco companies to do that. the highest court allowed it. we have a look at some of the pictures.

the percentage of australians who smoke cigarettes higher there than in the u.s. 23% of men. 19% of women smoke in australia. numbers here, 21% for men. almost 17 1/2% for women. in 2009 congress passed a law requiring cigarette-makers to put color graphics and warnings that would cover half the front and back of each pack. those requirements were set to go into effect this september, next month. but a federal judge ruled it violates the first amendment rights of tobacco companies. which means the new rules will not be enforced just yet and may never be enforcedded as the case makes its way to the courts, even the supreme court. jenna, down under their supreme court has spoken and a pack of smokes in australia is looking very different. back to you. jenna: very interesting strategy, rick, thank you. jon: australia known for its crocodiles. you might be surprised to learn they're here in the u.s., believe it or not.

that means job openings. wimps need not apply. florida is looking for crocodile hunters. the number of crocs is on the rise. applicants have be to prepared for physically challenging job. phil keating is in florida. >> reporter: crocks are much more rare as was proven right here they can be just as deadly. >> they're american crocs. >> reporter: inside the lab at florida power & light's turkey point, crocodile specialist inserts chips into few days old hatchlings. >> one day when he gets bigger he will try to eat me as revenge. >> reporter: the little reptiles are released back into the wild. back in the '70s the florida crocodile numbered only in the hundreds. then it was officially an endangered species. today the numbers are about 2000. thanks to no more croc hunting they're showing up

in south miami neighborhoods. more often down in the florida keys, concerning residents and the state. roxy, a 65 pound dog was on the canal's edge when a croc lept out and pulled him in. after drowning roxie, that croc swam away. >> once they get too comfortable with humans they view humans as a source of food. >> reporter: captain john howe is one of 250 people applied to be florida response age en. unusual and risky job. frank wants it too. >> you get him by the tail. grab him up by the neck as you crime the crocodile. bring down the head. clamp down the mouth and with duct tape go around at least four times. >> reporter: at least four times. boy that sounds easy. the pay is not the greatest. 25 bucks an hour. clearly all about the adventure and the state is still accepting applications, jon, i'm sure they will have applicants. phil keating thank you. we'll be right back.

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