to cause problems with him ever really getting back and taking the story-- the mission seriously. so i think it's unfortunate that this happened this way. >> sean: he said in the book that he originally planned on going through his military career alone and you changed all that. (laughter) i laugh because his roommate from west point is here and he can attest that stan was telling all of them to break up with their girlfriends. >> sean: really? and thank you, a big sacrifice to the family and as well as those serving and general, you have been a great asset to the country and the book is phenomenal. "my share of the task", you served your country with dignity and honor and we're lucky to have people like you and it's been an honor to spend an hour with you. >> thank you, sean, i appreciate it. >> sean: and that's all the time we have left this evening. as always, let not your heart be troubled, news continues, why? greta van susteren is standing

by live on the record. greta, take it away. >> greta: tonight, the absolute unthinkable. a pastor accused of murdering not one wife, but two. an extramarital affair and a suicide, also, at the center of this very shocking case. we're going to bring you the bizarre and tawdry twists and turns in just a few seconds and there's much more ahead including a shocking rape case ripping apart a small town and outraging the nation. >> >> no one has received immunity and no one has been promised anything. i'm not going to try it in the media or the social media or respond to rumors, the case will be tried in front of a judge, who will look the at all the evidence. and who will present that on the 13th day of february. >> we want justice. we want justice! >> the case is still under investigation.

it will be under investigation till the trial starts. >> let's just have a good trial, a fair trial. >> if the kids are guilty, they are going to get what they have to get. >> and (bleep), and-- >> law enforcement's only a piece of what's jeopardized here. people can now pinpoint if they were going to do a burglary, a house with a gun, if we want today try to get their hands on the gun or target houses they know no guns are at. >> and with this country (inaudible) at that time though were ready, they were seriously still talking about

th that. >> welfare recipients take out cash at strip clubs, liquor stores and x-rated shops, welfare recipients are using the debit cards at these kinds of places. >> but first a pennsylvania pastor charged with murdering both his wives. pastor arthur shermer first came under suspicion in 2008 when a man committed suicide in his office. the man had discovered shermer was having an affair with his wife, who was the church secretary. the pastor's extramarital affair caused police to take a second look at the mysterious deaths of his two former wives. a pool of blood the bottom of the stairs in 1999, the second wife killed in a car accident in 2008, or so they thought. prosecutors now say the car accident was a coverup for murder, and today in pennsylvania, schirmer is going to trial for that

murder. and a former l.a.p.d. homicide detective mark furman joins me. >> good evening, greta. >> greta: okay, mark. >> well-- >> all right, i'll ask you, what happened? why was betty jean, why was she suddenly the subject of a murder trial? >> well, it's pretty obvious, the evidence didn't change in either case, but the first case, we really have to consider really the responding officers, the detective, what experience they had at looking at similar cases where you'd have an injury of blunt force trauma as a murder, versus an accidental death and when the detective or, i don't know what the system is there or the police officer determines that this is an accident, or this is questionable and we have to classify it as a homicide. that's what they missed. they ruled it as an accident too rapidly instead of making it a homicide and took the

time to actually investigate the injuries and where they came into contact with the stairway that would transfer skin, skin cells, blood, saliva, fabric and if that didn't actually connect up or match then you've got problems that need to be answered. >> greta: i guess if i were the investigating homicide-- or investigating detective in the case, not necessarily a homicide detective, but the detective, and i went out to the scene and saw a murder. the pastor husband says it's an accident. i learned at some point there is about nine years earlier another, another death of a wife and that's an accident, i think i would be suspicious and go a little bit further and not be so quick to have it accepted as an accident. now, coincidences do happen, but the odds, you know, the odds are against them that two dead wives would have accidental deaths. >> well, i think we both

remember drew peterson, let's go back there, what are the odds there? well, the odds were, our gut feeling. our gut feeling was exactly right and the detectives have the same gut feeling, but you have two different agencies that were involved in these two different deaths. but let's look at the first one before we look at the second one. the first one, you have to understand that the preacher was a pillar of the community. he had stature, he was basically an alpha male in the community and so to bring this as a homicide investigation might take a lot of of doing from somebody other than the detective. that might be somewhere up in the department, the administration that would have to actually enforce that. and i think that is one of the problems. >> greta: well, i understand at some point they determined that the car accident, which wife number one died, the speed of the car was less than 25 miles an hour and they found dried blood in the garage. do you know if that was about the time of her death or was that some time -- was that

after they decided to go back and look at this mysterious death? >> it's hard to tell exactly what the time is, but let's be honest, if it's longer than within 24 to 48 hours, air going to have a problem with the blood evidence in the garage. he makes an excuse, he being the suspect, the pastor, makes an excuse that they cut themselves piling up wood in the garage. well, that doesn't pass muster. greta, there's one thing here really he that's so easy when you have a one-person witness that could be the suspect or just could be the lus husband o the victim. that's a polygraph. if they would have done a polygraph on the first case, the second case wouldn't have occurred. what are we talking about? we're talking about the drew peteson case, if you blow the first case or doesn't do it to the extent it should because of the the stature of the suspect or the victim's husband then you're going to pay the price in the long run and this woman paid the price.

>> greta: and let's go back in the beginning you said he's a preacher, a pastor, he had stature in the community, unlikely if he's grieving, if they believe there's an accident and they have a grieving husband, they're not going to say to them put you on a polygraph. of course his lawyer undoubtedly is going to say no, at least i would expect. you know, i think, i think my suspicion, mark, is that this is a community that doesn't have a lot of homicides so they don't necessarily assume first there's a homicide. >> they don't. >> greta: there's an accident. so they go from that. in many ways, nicer communities that don't have a lot of murders are not suspicious and don't look for those clues, am i right or wrong on that? >> well, you're right, but it's not an excuse. you have to use your common sense here. you're a police officer, your job is to be suspicious, your job is to put together the puzzle that other people take just a word of mouth of somebody saying this is what happened. well, the evidence in falling down the stairs, i've never known anybody that's been unconscious falling down the

stairs. i don't think you have either. so-- >> well, actually. >> and death with-- >> actually, i mean, fallen downstairs and break your neck it could be curtains for you. we'll ask dr. bod been it, he's here next, mark, thank you. >> thank you. >> greta: what's peculiar about it, there was a suicide that led them to look at the deaths, what led them to rule homicide the second time around. michael bodden, you fall down the stairs and think beyond it, shoved or some other way you ended up with the injuries? greta. that's why we do autopsy and in fact the forensic pathologist who did the autopsy, has experience because he works in many different counties, his testimony was released from the grand jury in earlier this year na he said he thought it was a homicide because you had

14 separate blunt force injuries to her head and face that couldn't have happened from a fall down the stairs. but somehow the coroner, when they issued the death certificate said the manner of death was undetermined, rather than homicide or accident. >> greta: but that's interesting. why wouldn't the pathologist speak up at that time? ow do you go from 14 blunt force injuries in the skull and a homicide and the small community hears later somewhere between your expert and scientific background, a coroner comes along, says, he oh, no, it's an accident. >> because in many communities. half the communities in the united states, the coroner, who's usually not a decision, who is elected, often funeral director, is the one who makes the decision as to manner of death. so, the manner of death-- >> well, wouldn't you speak up? wouldn't you speak up? if a nonprofessional person, an elected official, you know, overrides your medical

professional judgment a homicide, to decide like for forever reason this is an accident, wouldn't you speak up? >> absolutely, greta. however, the problem is the coroner hires a pathologist to do the autopsy. the pathologist does the autopsy, says whatever he thinks is appropriate and leaves and then the death certificate is issued by the coroner and the manner of death is issued. well, the pathologist is far away. that happened in the peterson thing, also, remember? there was an issue with the coroner issuing the cause of death rather than the forensic pathologist. >> greta: let me go-- the first death, the car accident, 25 mile per hours about 1999. how did she die? >> the -- that's what the trial was about now, the second death, betty jean. >> greta: the first one though, the car accident.

>> the car accident was a situation where the car goes off the road, the husband-- the pastor says she was driving at two o'clock in the morning to a hospital because she had some pain in her jaw. she wasn't seat belted, a deer ran across, he swung off the road, struck something head-on and she went into the windshield and had extensive injuries to her head and face. the air bag didn't go off. if the impact is more than 10 or 12 miles per hour if you're not wearing a seat belt, it would have gone off. so the amount of injuries was much more severe than the speed in which the car was going and the impact speed. so that should have been a clue right away that there's something wrong with that story. >> greta: and you're absolutely right. that was wife number two, not

wife number one, i was mistaken, dr. baden. >> no problem. the same issue though with the autopsy, is very helpful because this is going to be what's at issue in the next few days as the pathologist and the detectives testify as to how much damage, but it it sounded like she had enough damage to her face and head to cause her to die and that doesn't happen if the air bag doesn't go off. >> greta: dr. baden, thank you, sir. >> thank you, greta. >> greta: now to our legal panel. in san francisco, former prosecutor now defense attorney michael cardoza and bernie grimm and ted williams. bernie, how in the world did this thing not get prosecuted earlier. when you heard the discussion about the coroner. frankly i thought the pathologist would have spoken up. >> very suspicious, we know cardoza and what position he's going to take. the defense's position, the reason nobody looks at this, this is a man of the cloth, he comes to the game, you know, cloaked in character, cloaked

in the presumption of innocent unlike these folks perhaps in steubenville. at any rate, that's what he comes to the game with. i love michael, but no one would second guess this. you're right, now this is pretty late and there's evidence that probably has dissipated, the body in one case was cremated, no direct evidence against the guy, but the clincher for me, says 55 miles per hour and later when they do an accident reconstruction,s' going 25. how does she die of those injuries at 25 miles per hour. >> greta: he's extraordinarily lucky that the two homicides are being tried separately and i assume the jury, i don't know if the jury is going to hear one of them at some point, but at least the defense lawyer is going to do everything he or she can to prevent that. >> i think they're very lucky in t but, let's try to be clear, just having an affair as he was alleged, did have allegedly with one of his parishioners, or his

secretary, that does not make him a murderer. i think the government is going to-- >> no, it's two dead bodies, one going down the steps and the other at a car accident 25 miles per hour. >> you're not going to be able to combine those two and the second wife here, who was killed, i think the governor's going to have a heck of a time trying to prove that case. she was cremated, i understand, the next day, it was ruled an accident. so, michael cardoza out there is going to be able to tell us how the prosecution is going to have to overcome that, but it's going to be very difficult, i believe. >> greta: michael, the two. >> i guess he did and now for the rest of the story. i tell you what, this is going to be a very difficult prosecution, very difficult. >> thank you, mike. >> you're welcome. i mean, this is one case i would love to defend. as a district attorney, you hope you can get some evidence of that first homicide in somehow, for example, if he takes the stand in the case. that would certainly open up cross examination, but you're going to have to get a ruling

from the judge to allow you to go into that. there's too many coincidences between the first and the second homicide in in case. so, now, we get to how is the prosecutor going to put it on? he's going to have to look to someone like michael baden to come in and talk about the pathology of this. i would suggest they get a neurologist, a doctor that specializes in the skull, to come in and talk about the neurology of this to say, at 25 miles an hour can you really suffer this type of head trauma? and you're going to have to pitch that to the jury. it's going to be a tough, tough prosecution. >> greta: was the dried blood of hers apparently in the garage, but i guess the defense will say that there's an explanation for that, right or some-- >> there's going to have to be an explanation, the claim is he would have beaten her to death there in the garage and put her in the the car and claim that the deer ran out in the road and it's just too pat for me. but that's a problem, the blood is there, is a problem. michael is right the way to

try this case, get the guy on the stand. >> greta: he's not going to take the stand. >> not if i'm representing him. >> greta: the pastor. >> clear of the stand. >> greta: maybe, but-- >>, but you've got the inconsistency how the accident happened. there's no nexus to show the accide dual weapon that he was to have use today actually kill her. blunt force trauma is there, but it's there, it's not going to work. this is a very difficult case. >> greta: eric, stand by, stand by. michael? >> in this case, when you have circumstantial evidence here in california we have instruction that talks about it, it's susceptible to two reasonable interpretations, the blunt trauma and the defense comes up with a reasonable explanation. the jury is instructed you must go with the one that points to innocence. if they've got that-- >> i don't know what's in this state, but i would say he we didn't have it in d.c., that instruction, but everyone in california defense lawyers always had a little bit of an

easier ride than the rest of the country. anyway. >> okay. >> greta: stand by, gentlemen. >> much more with conscience. >> greta: this is a fox news alert, president obama is expected to nominate white house chief of staff jack blue as the-- jack lew, a source telling all, but a done deal, an announcement by the end of this week as treasury secretary. and nominated chuck hagel as defense secretary and the treasury secretary nomination would round out the president's cabinet and stay with fox news annel for the latest on this breaking news story. and straight ahead, a shocking rape case that's ripping apart a small town. the accused two high school football players and now disturbing video has gone viral and inciting outrage across the nation. that's next. new information tonight about that infamous map showing

where gun owners live and the new outrage. the latest against the newspaper that published it. on the record tracking down the publisher coming up. watch out warren buffett, bill gates and even oprah winfrey, someone is calling for your heads. who got caught on camera suggesting we behead the rich? we're going to see for yourself coming up. what are you doing? nothing.

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>> two high school football players accused of brutally raping a 16-year-old girl at a party. the rape charges are tearing apart a small ohio town. now, it's reported that the students attending the party took pictures and tweeted about the incident, it is it was happy and the photo of

supposedly two holding up the unconscious teenage girl and an activist group, you can hear teens joking about the rape. we warn you, video is very disturbing. >> and darth vader-- and (bleep), and (inaudible). >> it is rape, rape. >> dude. >> they raped her. they raped her harder than that "pulp fiction." you ever see that. >> (laughter) they raped her mike tyson that one girl. >> greta: steubenville, ohio is now a town divided some accusing local officials of a

coverup to protect the football program and others calling it a witch hunt. we're back with our legal panel, ted? >> you know, this is shocking. it is rather sad. it's no doubt about it, when you look at the video there, that this young lady is unconscious. and if the-- these football players raped this girl while she was unconscious or had sex with her while she was unconscious, it could well be considered rape. jocks, greta, in these towns get away with murder. not saying in this town, but they do, no pun intended. i hope that there will be a fair investigation, i understand that they've called in outsiders to conduct the investigation. >> greta: bernie, two major issues, one is whether there's any physical evidence of rape at all. that's the first thing, and then the second question is, there are witnesses who say they're afraid to come forward. >> that's a problem. and that will happen in a small town. i don't think that the forensics either make the case or break the case at this point. what it reminds me of, is the

case, let's assume everyone is innocent and nothing doing wrong. what are you doing in situations where kids are trashed and having contact with a woman and the parents, first put the parents in jail and just so nauseating. ted and i have children that are about the same age and i hope to god that my kids don't engage in this sort of conduct. listen to what the kid says on the youtube video, it's-- i'm sitting here sick over the whole thing. >> greta: michael? >> to say this is disturbing doesn't capture it. this is appalling. when you listen to these kids you wonder how they are being raised. you wonder what's going on back there in steubenville, ohio. they have to change venue, neve to bring another judge in. they have to bring a new investigatory body in to do a full and complete examination. the district attorney's job in a case like this is not to

convict, but to do justice and even he or she should be going to the court and saying change venue. move it it out of this city. none of us will get a fair trial here. would you even get a fair trial with a judge that lives in that city? you're not going to. even they will be affected. you know, to think that football would be brought into this and these kids think because they play football, because they're associated, they're bullet-proof? you know, they all should be tossed in jail. they all should be given psychological help. this is, if it happened, they should also all be put in jail. this is terrible. and it's shocking. >> greta: ted, as i understand it, the woman didn't even realize, the young woman, teenager, that she had been sexually assaulted, at least this is what the reports are, and it wasn't until all the pictures went online and the twitter because apparently she had been, i assume, drinking and was unconscious, so she didn't learn about it it until after.

as a consequence some of the physical evidence you would expect is unavailable. she'd showered so they can't do that. what they need are the witnesses who were there to come forward and that's, you know, that's really where the parents come in. the parents whose kids were there, is to have those kids step forward and say, you know, what did you see. when did you see, who did you see it and the at least right now, they're claiming that they're being threatened and pressured not to testify. >> well, there may be, but the bottom line, they need to be responsible. they need to step forward and they need to take on the responsibility as citizens in that town of telling the truth about what happened. now, what you have here is there's a lot of electronic devices that are alleged, supposedly recording some of this. >> greta: the those are called phones. >> yeah, and hopefully, or those cell phones or they can get some evidence from there. quite naturally, the sad part about it is a lot of evidence is-- >> that's a good idea. there may be-- ted is right probably got video on the phone and probably a great place for the police to be looking for $.

>> let me give you a fox news alert, this guy has been dumped on and-- >> it's going on. everybody goes to the same mcdonald's, the same coffee shop, the same starbucks, the same barbershop. that kid can't go forward and testify. 's going to see those same people for the rest of his life and make things so difficult. >> greta: i've thought about it iphones and everything else recording this that ted is probably right. somebody's probably got on the phone the crime. somebody's probably captured. i mean, maybe should send out subpoena for a bunch of cell phones. the la word on that. thank you, coming up, new ammunition for the newspaper that published the gun owners map. and what they're charging now and on the record has been tracking down the newspaper publisher. and this, some of the places that your tax dollars are being spent. who is spending money in the the x-rated establishments? you'll have to hear this one and you're not going to like

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>> living in fear, ever since a new york newspaper published an interactive map locating gun owners, its employees are now fearing for their lives. armed guards are stationed outside the journal news offices and extra security outside the home of publisher. what does the publisher have to say about all this? griff jenkins hit the ground to find out. >> we're here at white plains new york, at the headquarters of the journal news. we came here because we want to speak with the publisher and president, with a lot of questions for her. does she stand by her decision and why? we're just here to see if the door is locked, see as well the building is very secure and we've had the security

folks following us and sif anyo you? are you with the journal news? can i see what your name and what are your thoughts about the controversy offer the gun permits? >> no comment. >> reporter: no comment? but do you support the decision your boss janet made to publish the names of the permit holders now that it's had the reaction that it has? >> no comment, guys. >> apparently, they're not talking here. we did not have any luck reaching her in her office and we've come to her home given the nature of her story, her home address has been made public here in new york and i hear some dogs, let's knock and see if she's home. hi, sir, griff jenkins with

fox news. can we ask your wife a question or two? mr. hassan, just try it one more time. mr. hassan. just a quick question. >> and tonight the hits keep coming. now there's a brand new and more criticism of the journal news gun owners map. rockland county editor in chief, dylan is here with the latest. i understand that there is a problem with the accuracy of the map? >> greta, yes, thanks for having me back. this battle between the first and second amendment put on by the journal news remains interesting. and at a press conference friday, the county clerk after announced in the journal news told me the map people were looking at was not even

particularly accurate. ridden with deceased permit holders, expired permits, and it's-- mystifies me why they would publish that information. >> so let me get this straight. ten years ago, lived in the county and registered at the clerk's office and now moved to washington d.c. so that address where i lived in that county now would be reflected on that map and there's no way for this county clerk's office, even to make sure that even any, any part of this map is accurate, is that true? >> well, the journal news chose to publish that information. whether they have the means to sanitize that remains to be seen, i'm going to -- going to do some data mining and see what we can do. >> well, it would be almost impossible for them. if the clerk's office says there's no way to make sure their information is correct.

they release it to the newspaper and then the newspaper is not going to track down all of those, not going door-to-door, so it's a good likelihood that this is a bigger mess. let me ask you the question about inmates are now making remarks to correction officers who live in the area, is that correct? >> absolutely, and at the press conference friday, that's brought together the party leadners rockland county to denounce the journal news, sheriff falco revealed that inmates were getting addresses of corrections officers and joking and taunting them about it, the way they were getting this was by talking to their friends and family over the phone, who were looking at the internet. >> greta: and of course, the inmates know the names of their correction officers? >> of course, right. and also, a lot of new york city cops, and one of the most mysterious things about this map, why they put it, why would they put it out there, there's not that many permit holders in rockland and

westchester county and not the biggest gun culture and a large percent of those people are police officers, corrections officers and people who need a gun for those, for professional reasons, so, what's the point of outing them? it doesn't make sense. >> greta: all right, and a state representative who doesn't have a gun in the area suddenly decided he needs a gun permit because of everything going down? >> that's right. and this was actually not an uncommon reaction, we've had, according to the clerk, triple or more volume of permits application requests, people do not want to be on that map as a soft target for a burglary. and also, i think that people are feeling defiant and i don't blame them. >> greta: you know, i don't know what the rules are in your state, but the clerks office could have said when they made the first request for the freedom of information act, we'll get it to you, but first need to make sure it's remotely accurate and could have probably bought enough

time and 30 years while they go through, but i don't know what the rules are, but giving out the information complicated things and made it worse. >> people are very upset see their deceased parents' names on that, not something they want to he see. thanks for having me on. greta, we'll follow the story of rockland times.com. >> greta: we'll get you back. thank you. a teachers union slamming the rich and you'll see the video yourself and then you decide whether or not she is out of line. in two minutes, the plane carrying a fashion heir disappears, did someone send a final text message? who sent it, minutes away. th. good toss! see that's much better! that was good. you had your shoulder pointed, you kept your eyes on your target. let's do it again -- watch me. just like that one... male announcer ] the durability of the volkswagenassat.

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board. son of one of the passengers received an eerie text message he believes could be from his father, the son says the message reads in italian, call now we're reachable. an italian telephone company verified it was sent, but couldn't verify when it was written. the son had been in contact with his father before the plane took off and now appears the phone was turned off. hundreds searched for the the missing plane and searching my plane ab sea. the 58-year-old is the son of father. he and his wife had been vacationing at a resort. we're back in two. ing up the s starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news. office superstore ink retailer in america. now t $6 back in staples rewards

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as investors get ready for tomorrow's start of fourth quarter earning season. ten of the major banks agreeing to pay 8.5 billion dollars to settle complaints of foreclosure abuse. those names including bank of america, wells fargo and jp morgan chase will have to pay up to $125,000 to home owners who were wrongfully foreclosed during 2009 and 2010. and reports say about 400,000 people may be entitled to payments. and big news from apple today. the tech giant announcing 40 billion apps downloaded from its app store since it was launched in 2008. nearly half of those apps were downloaded in 2012 alone. to find fox business in your area log on to fox business.com. the fox business network giving you the power to prosper. . >> if you were a welfare recipient used food stamps to try to buy an ipod. we'll tell you something and

have to peel you off the ceiling after you hear this news. the new york post reporting some welfare recipients are using their cards to withdraw cash at strip clubs, liquor stores and porn shops, got that, strip clubs, liquor stores and porn shops. and why-- >> it's a bad idea. >> it's a bad idea. >> it's not a good policy. well, so-called means test assistance from the government gives money and assistance to low income people, comes in a variety of form. some of it is in food stamps and only use those for certain things, others in cash, there's cash assistance programs and the way people get it, what's called electronic benefit transfers and they've got a card, like an atm card and go to a bank and get actual money out and what the post found was that there had been a number of machines that were liquor stores, strip clubs, casinos, all sorts of places, in which

these federal ebt, electronic benefits transfer cards had been use today withdraw cash. the idea is, it's a bad idea. >> greta: who come up with that stupid idea? i understand the law, i think under one of the laws, beginning like sometime in a year and a half from now that's got to stop, but who, i mean, what kind of basically idiot came up with an idea like that? i mean, they put in a strip club, a liquor store, i mean, really. >> obviously the places where recipients can withdraw cash should be be limited and not allowed in places like that. i will say the house of representatives in february of last year passed a bill that would limit the number of places for ebt transfers and not allow them in strip clubs and liquor stores. it passed 395-27. it was almost unanimous. >> greta: i want to know who the 27 were. >> still, clearly-- that means almost every republican and almost every

democrat voted for the bill. it has so far gone nowhere. >> greta: exhe septem except th franchises with liquor stores-- >> and byron, we want your thoughts on this one. chicago teachers union president taking a violent swipe at the rich saying off with their heads. she says she was joking. was she? let's listen to her. >> we are in a moment where the wealth disparity in this this country is reminiscent of the robber baron ages. the labor leaders of that time, though, were ready to ki kill. they were. they were just ready, said off with their heads. they were seriously talking about that. [applaus [applause]. (laughter) >> i don't think we're at that point. >> greta: this isn't the first

time at that karen lewis's comments got her in trouble. she was charged with mocking arnie duncan's lisp. he would have had that fixed. and off with the their heads and i confess i used that once myself. and she's got a rough road for her opponents. >> i think with off with their heads she meant get toughs. it's hard with wisconsin scott walker's plan. and michigan, now a right to work state and indiana a right to work state. who would have guessed the places in the big industrial midwest would have passed so much, so many new laws, that were so very, very unfavorable to organizationed labor. this is in illinois, there's still obviously a labor strong hold and they're feeling the heat. >> and i mean, the labor strong hold and they've got mayor rahm emanuel and referred to him in september

as a liar and a bully. i mean, she's on a roll. >> yeah, but, clearly i think people in organized labor are. i'm not apologizing for this behavior, but clearly, they are feeling the heat and very upset by what's going on. >> greta: so, i think we both agree he she didn't mean off with their head. >> i don't think she meant actual decapitation. >> greta: i agree, i don't think she made that. where is labor going? how does labor sort of persuade the people, the american people to get back on their leadership. >> first off, it's going nowhere in the private sector, the union in private sector around 7% or less. >> it's over 30% in the public sector. so, clearly for labor, the future is continuing to be in these public sector unions where they can spend a lot on political campaigns and elect people who will then negotiate raises for organized labor in the public sector. >> byron, thank you as always. >> thank you.

>> greta: straight ahead, the state's nickname may be the golden state, but the state of california is struggling just to pay its bills and even if you don't live there, that's next. and secretary of state hillary clinton is better and back to work. is she feeling good enough to play in the nfl playoffs? the story behind these pictures coming up. ♪ ♪ we're lucky, it's not every day you find a companion as loyal as a subaru. love. it's what makes a subaru, a subaru. with thermacare heatwraps. thermacare works differently. it's the only wrap with patented heat cells that penetrate deep to relax, soothe, and unlock tight muscles.

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>> 9.8% unemployment. california's jobless rate is two full points above the national average. that's just one of the economic problems in california and brace yourselves, is the federal government taking the rest of the country down california's path? sacremento times bureau chief, evan, can you tell me, looking

at california there's some improvement. a high unemployment rate and air getting some of your business poached from other states and you've got a huge reduction in state government employees. can you describe some of the economic strategy to get california out of its current economic hold. >> well, the economic strategy is basically they're trying to keep going the path, the course that they've been going. >> greta: silicon valley has made a huge recovery and trying to lead this state out of the recession and basically the big move just made, all the focus in state government was on raising taxes. there was going to have to be another many billion dollars of budget cuts and voters did not approve it tax hike recently approved. that was approved in november and that sort of got the state budget battle. >> greta: is there any likelihood that silicon valley comes out of it that they're going to leave or they're going to -- are you seeing businesses leave california, staying, or even new ones

coming in? >> well, that's a matter of constant debate. there's a big effort to recruit some of the businesses and some of them do open, you know, offices. they put their factories, other states, texas had success in poaching california businesses. nevada is always poaching whatever from california it can, but frankly, you know, the economy here is so big, the corporate people who are located here like living in california they like the work force, they like the state university system, that you know, supplies you know, a class of workers that it's hard to find elsewhere in the country. and you know, it's hard for the silicon valley companies to stock their, you know, their businesses with the kind of trained engineers that are available to them in california. >> greta: well, there's a little bit of rub among many people because in the fiscal cliff bill there was tax benefits extended to hollywood which other parts of the country didn't get. >> yeah, hollywood has been very skilled at keeping its tax breaks both in california

and with the u.s. congress and the other example you had a lot of of tax breaks up for discussion, there was a push to raise taxes, but hollywood kept its tax break and so did the wind companies. the companies that are very active in california trying to harness wind technology, they kept their tax credit, also. >> greta: evan, thank you. and coming up, a big day for secretary of state hillary clinton. you have to see what she was up to and why did it involve a football helmet? that's next. tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 like no atm fees, worldwide. tdd#: 1-800-345-2550 and no nuisance fees. tdd#: 1-800-345-2550 plus deposit ches with mobile deposit. tdd#: 1-800-345-2550 and manage your cash and investments tdd#: 1-800-345-2550 with schwab's mobile app. tdd#: 1-800-345-2550 no wonder schwab bank has grown to over 70 billion in assets. tdd#: 1-800-345-2550 so if you're looking for a bank that's in your corner, tdd#: 1-800-345-2550 not just on the corner... tdd#: 1-800-345-2550 call, click or visit to start banking with schwab bank today. tdd#: 1-800-345-2550

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