electrical box. we're going to keep an eye on that. in the meantime, that's going to wrap it up for today. tomorrow bret michael's performs in our all american concert series. >> brian: and the gator boys live. bill: morning, everyone. we want to start with a fox news alert because there is new video of this massive train derailment. we caution what you're about to see is something we rarely view, but on this train dozens were killed. a security camera catching the shocking moment when the train comes around a sharp corner, literally flies off the tracks. 78 dead, more than 100 injured. police have put the driver of that train under a formal investigation, which means the driver survived. so many others did not. i'm bill hemmer. welcome here to america's newsroom. that is tough to watch. martha: indeed it is. good morning, everybody, i'm martha maccallum. we watch this unbelievable

video. eight cars jumped the track and created that massive pile up. you see the stunned reaction of people that area as dozens were trapped in the train cars, pulled to safety by first-responders. now comes the questions. you can see it on that video many will watch time and time again, was that train just going too fast? amy kellogg joins us live from london. amy, good morning to you. what do we know about what happened here? >> reporter: martha, we do know some americans are among the injured. now this is according to the u.s. embassy in madrid, spain. we can't get anymore information at this point. the embassy itself is trying right now to gather details at this very chaotic scene. we do know, martha, that a technical fault has been ruled out as a case of this crash. the spanish media is going with the theory that the train was simply going too fast. there has been no official determination of cause but there

are reports coming out of spain's, one of the drivers as you mentioned being placed under a formal investigation on reports that the train was possibly traveling more than twice the speed limit. it was a relatively high-speed train but bend where it left the tracks is difficult and the speed there is reduces to the 50 miles an hour. you see the train lifts off on tracks and rest of the cars go off on high speed. the train was packed with people on their way to an important religious festival in san at this august go in galicia, spain, martha. martha: what a tragedy. what is going on at the scene there, amy? >> reporter: martha, as you mentioned there were eight cars that went off on their own. some of those piled up on each other that adds to the complication trying to pull out the bodies and the injured. the accident happened along an embankment which made it very hard to access the site.

firefighters were on strike at the time this happened. of course they rallied and headed straight to help. it was a scene described as something out of dante's inferno. at this point 95 people remain in the hospital. the president has said july 24th is no longer known as the eve of an important festival, martha, it is one of the saddest days in the history of galicia. martha: we're continuing to get information out of that scene. at least 78 dead is the number we have now. amy, thank you very much. bill: that is reminiscent of other deadly train accidents. in france earlier this month, six were killed, nearly 200 injured when this train derailed. italy, 2009, explosion on a freight train set fire to a neighborhood. 22 killed then. austria, 13 years ago a fire in a tunnel engulfs a train packed with skiers on board.

155 were killed that year, 2000. martha: back home the a train derailment shuts down the port of tampa overnight. the investigators say at least 15 cars derailed there, leaking ethanol but there is no immediate danger to the public we're told in this situation. they have put a hazmat team on the scene to get the spill under control. surrounding roadways are closed there. no word what caused the derailment and thankfully this case no injuries were reported. bill: back here at home you see the president is out here campaigning for his new economic ideas. brand new "fox news poll," a majority of americans do not think the economy has turned the corner. they're not satisfied with the country's leadership in the white house and congress and the president's approval still well below 50%. stuart varney here to mash all that together, host of "varney & company" on the fox business network. my friend, good morning to you. poll question number one, are you convinced or not that the

country has turned the corner and the worst is over? 57% say no. why could they feel that way? >> it reflects reality, bill. there is very little growth in this economy. about 1, 1.5%. that's it. i have got new numbers that suggest, they show that there are more dropouts from the workforce than new jobs created under president obama. that is a dismal economic reading t reflects the reality of our economy, bill. bill: here's another one. are you satisfied with the way things are going in this country now? poll number two, 63% say no. despite that figure, stuart, the stock market is flying. >> yes the stock market is flying indeed. it is up to a veerseries of record highs but if you look at the rest of the economy, not wall street, look at main street if you like, you see middle class and working family incomes actually declining. again, that's the reality on the ground. don't get distracted by what is happening on wall street much

the reality is for low-income people the value of their wages has gone down 4% in the obama years. that's why you see those polls. bill: some would argue that the stock market is a bubble. it has been propped up by the fed right? they're just printing money. investors like to see that as long as money is coming from the fed they're okay. >> many people say ben bernanke is the stimulus program for the stock market and president obama's stimulus for the economy has not worked. this is a very unfortunate backdrop for the president at this moment. he just embarked on a series of speeches which he is trying to pivot away from what he calls phony scandals and two, the economy. just as he is doing that, we get bad news on the economy and the way people feel about it. today, bill, more of the same. the president speaks this afternoon in jacksonville, florida. he is going to demand more government spending. no change in policy more spending. bill: we'll have a bit more on scandals in 10 minutes with steve hayes. does approval number now at 47%.

this number had gone higher and now dropping back again lower and i think you would agree it call comes back to the state of the u.s. economy and how people feel where they are in their lives. >> yes, it does. it is back to the economy. this figure, that reflects economic performance. democrats not happy with these speeches and that kind of poll, they're going into next year's elections with obamacare looking like chaos is coming and no growth in the economy and very few new jobs. bill: see you at 9:20. plenty to talk about, thank you. stuart varney, anchor of "varney & company," fbn. martha. martha: let's get you to the latest in anthony weiner's new sexting scandal a woman who says she had a month-long sexting explicit relationship is set to go public. she tells one website the relationship began last summer when he was 22 years old. he made promises ultimately broken to her. she apparently spoke to a reporter just before he held the news conference with his wife you see here.

he is still refusing to bow out of the new york city mayoral race. we'll see if that changes over the course of the next several hours. we understand he received a less than warm welcome i should say at a public hearing, a public appearance last night. we'll get to later. a little more of a look at that. he briefly addressed the scandal. watch. >> are you currently in therapy? >> yes. >> for what? for addiction, for sex addiction? >> that was the last question. david: there were cat calls last night. you heard the folks in that crowd. a big mixture. later in the program, latest calls from the rivals and newspapers and democrats for weiner to get out of this race now. we'll ask whether or not it is time for him to get going. eight minutes past the hour, martha. >> the vote president in. for now the nsa can keep up a program that some call spying on americans. it is an effort to defund the agency's collection of phone records. that was narrowly defeated t went down in a house vote. it fell about a dozen votes

short. opponents of the data collection process say that the fight for them is not over. >> it is really embarrassing for president obama who presented himself as a man who was going to come here and protect our civil liberties that he is pushing to collect the phone records of all americans without any suspicion. martha: interesting bedfellows on this vote in many ways. national correspondent steve centanni is live in washington. this vote really shook things up on the hill, didn't it. >> reporter: yeah it did, martha. it was a much closer vote than a lot of people would have look liked including house speaker john boehner and president barack obama. when all said and done the house voted 217 against cushing the power of the nsa and 205 in favor. gush man congressman justin amash, a michigan congressman sponsored that measure. he ultimately was unsuccessful but he pulled together a diverse coalition of libertarian republicans, law and order conservatives and liberals.

after the vote amash was asked to comment when house speaker john boehner said the house did the right thing by defeating deg this bill. listen. >> ask the american people if the house did the right thing. i think you will hear something very different in his district. i hear very different things in my district. it is important to keep fighting for civil liberties and fighting to protech the constitution. that is what the american people are asking. >> reporter: this was the first major challenges for the program leaked by former nsa contractor edward snowden. martha. martha: very interesting. it looks like some things disparate parts of congress are able so agree on in this case. how are those opposed to it, martha. >> reporter: they can't believe there is this support for a measure they say would make america less safe and less secure. here is mike rogers of michigan. >> have 12 years gone by and our memories faded so badly we forgot what happened on sent 11th? passing this amendment takes us

back to sent 10th and afterward we said wow, there is a seam, a gap, somebody leading up to the set of 11th attacks a terrorist overseas, called a terrorist living amongst us in the united states and we missed it because we didn't have this capability. >> reporter: this vote badly split the republicans and the democrats in the house, martha. >> really interesting, steve. thank you very much. >> reporter: you bet. bill: we'll watch for more fallout from that. stuart varney talking about the president out on the economy. he will be out on the road again. what a lot of people are calling an economic push to get the country back on track. when we continue in a moment here, when we come here on "america's newsroom," the latest line from the white house, pay no attention to the phony scandals pushed by republicans. but will that fly with yous american voter, martha? martha: a joyride on a balloon turns terrifying. feel like we've seeing this several times lately? how everybody on board was able

to walk away from this one. we'll show you. bill: they said america put their names, more than a thousand of them on a petition demanding a special investigation on benghazi. one of the veterans seeking answers from the white house tells us what his group hopes to accomplish as republicans on the hill say they will not give up until they have answers on this. >> i don't think the american public is satisfied with the answers we have received about why the americans in benghazi did not receive support that fateful night. but more importantly the families of the americans lost in benghazi are not satisfied. the great outdoors...

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you need an ally. ally bank. your money needs an ally. martha: coast guard officials are still trying to put out that fire on a natural gas rig off the coast of louisiana. the rig's owner says the preparations are underway to possibly drill a relief well that would divert gas from that site and bring the well under control. experts say that could take weeks to accomplish but the good news in this story is that it's

a natural gas rig. it is not an oil rig. so the pollution threat is far less than we saw from the bp incident for example. that fire we've been watching broke out on late tuesday. bill: one the more popular lines from the white house is what is described as phony scandal, a fake issue trumped by republicans in congress. lines like the following from the last week alone. listen. >> with this endless parade of distractions and political posturing and phony scandals washington's taken its eye off the ball. and i'm here to say this needs to stop. >> the phony scandals that have consumed so much attention here all to come to naught do not focus on pretend scandals. >> some phony scandals that have captured the attention of many here in washington. fake scandals or things like that. we have to keep focused on the north star here, the issues that the american people want us to be focused on.

bill: stephen hayes is our north star. seen year writer "weekly standard," fox news contributor. >> good morning, bill. bill: does the strategy work? who is the intended audience on this phrase? >> you know i think in part the intended audience is the washington press corps. the white house would like to declare all the scandals, problems, over and hope the washington press corps and agrees with them and decides to move on. i think there are many remaining questions out there on each one of those so-called phony scandals. bill: in general has the press corps followed up on these stories or not? >> i would say on some they have and some they haven't. certainly with respect to the department justice investigation on journalists reporters in washington took great interest and covered it extensively. with the irs it has been more mixed. bill: let's go through them. benghazi, what is phony about benghazi? >> i don't think there is anything at at all about benghazi. one of the interesting aspects of that story, journalists from

sent 11th, 2012, on, basically decided there wasn't much of a story there we haven't seen the kind of investigative reporting from benghazi from many mainstream outlets one might expect to see given the gravity of the situation and all of the unanswered questions and contradictions we've got from the at administration in the months since. bill: what about the irs scandal? what is phony about the irs scandal? >> that in secular will be difficult for the white house to shrug off because the president himself at a press conference he gave at the white house acknowledged it was a serious scandal. there was serious overreach, abuse of power of the government and promised to get to the bottom of it. we haven't gotten to the bottom of it. if anything we have more questions today than we had when the scandal first broke. i think we need to get to the bottom of it. we need more answers. bill: republicans argue, what was the tally, 292-7, conservative groups investigated over liberal groups? i guess you could make the

argument, 2010, obamacare, a lot of republicans were frankly ticked off about it and they rallied in support against it. does that fly ultimately, that logic? >> well look, if you go back to the testimony that we heard from these tea party groups on capitol hill when they were asked, what the end effect was the fact their applications had been delayed they all said, i think unanimously, that they were rendered dormant. that they weren't basically able to operate. in effect you had, you know, a suppression of political speech because these groups were not allowed to operate in ways that many progressive groups did and this happened of course in the lead up to the 2012 presidential election. i'm not necessarily making an argument. let me be clear. i'm not saying the white house is behind it. i'm not making any of those claims. i think it is important not to let our conclusions race in front of the evidence, but the fact we don't have answers to a lot of those questions and i think we need them. bill: talk to the journalist issue. talk to james rosen's parents about that.

nsa you believe is slightly different. why? >> i do. i think it is a defensible program. i think it's a necessary program but certainly there is question it raise ad lot of questions in the minds of the american people and we've had some of those questions answered i think, both from the president and then in congressional testimony from leaders of the intelligence community but i think people have a lot more questions and this debate that we're having is healthy. what we haven't seen the president do aside from his one brief appearance is lay this out and make the case as to why exactly this is necessary. i think he is ought to do that, if he believes that we need to continue these programs an white house is on the record saying that they do, we need to hear from the president exactly what kind of threats we're facing and exactly how these are likely to be thwarted by the continuation of these programs. bill: thank you. peter king up next hour for that very topic. he voted against the amendment and keep the nsa program in place. stephen hayes, our north star shining brightly in washington.

martha. martha: for the first time, speaking of benghazi, we are learning about the heroic actions of a man on that night when four americans were killed, risked everything to make sure american sean smith's body would be returned to his family. bill: also president obama issues a new warning about the future of america but are we just back to good old-fashioned class warfare? roll it. >> the position of the middle class will erode further. inequality will continue to increase. money's power will distort our politics even more

bill: frightening scene now. a hot-air ballon happening southeast of amsterdam. the balloon had 10 people on board. check that out. it ran into trouble when the

winds shifted suddenly. the pilot says the lake was his only option left because there were building all around that area. 10 people on two were injured but neither seriously. they got lucky, huh? martha: some are calling it campaign-style rhetoric from president obama during the big speech we all watched yesterday on the economy. the president warning that, quote, social tensions will rise if washington does not reverse the growing gap between wealthy americans and the middle class. here is some of it. >> the position of the middle class will erode further. inequality will continue to increase. money's power will distort our politics even more. social tensions will rise as various groups fight to hold on to what they have or start blaming somebody else for why their position isn't improving. >> pretty dark picture.

monica crowley, joins me now, radio talk show host. doug schoen, former advisor to president clinton. both are fox news contributors. that's pretty uplifting so far. you know, how, was it too much of a downer this speech, doug? and how significant is the role of the president of the united states to try to, you know, sort of lift people and be above the political fray? >> well, to start with here, first, second question, martha. the president should unify the country. he should up lift people and he should speak of our common purpose. this was a divisive, polarizing speech that see as you suggested, is a leading and a beginning to campaign 2014. bottom line, this was pure politics. it was class warfare. i'm a democrat. i believe in helping the poor. i believe in reducing inequality but through economic growth and policies that benefit everyone through free markets and social programs that are affordable,

not redistribution. >> you know you look back in political history, monica, and you look at bill clinton period which of course doug schoen was part of working in the clinton administration and how divisive politics really were then in 1994 and what was able to get done. when i look at bill clinton's legacy one thing that pops out in everyone's mind is welfare reform. you look at detroit, the opportunity for this president who wraparound what needs to happen in this country in terms of entitlement reform, we heard nothing about any of that. >> and you won't. you mentioned bill clinton, martha. bill clinton was a pragmatist. he was a moderate democrat came out of the south and ultimately was pragmatist. barack obama is completely different ball of wax, a totally committed leftist ideologue. why yesterday for the foreseeable future for rest of his term you will get speeches exactly like this one. this was a xerox copy of every

sing -- single speech he has given on jobs and the economy since he haste been president. what is striking barack obama positions himself as if he had nothing to do with any of this. he gives us commentary about income inequality rather than focusing on unemployment, for example. he gives us all this rhetoric how washington failed us as if he has nothing to do with it. as if he hasn't been president for the last five years and had a real chance to fix these problems. he doesn't intend to. again he is total ideologue and he is following his mission as he laid out, as he laid out in 2008 about the fundamental transformation of the nation. martha: great points, monica. and doug, it is so interesting to me, a president in his second term, right, can focus on, can begin to focus on his legacy and what he will be remembered for, or he can, as it appears based on what you all are saying this president could do is try to secure, you know, to hang on to a democratic senate and try to do what he can to bring back a

democratic house of representatives. seems like he is more focused on the latter than the former. >> i think that's right, martha. here is what he is planning. republican is at all-time low. that is statistical fact. not idealogical point, a statistical fact. if he beats up on washington, beats up congress and beats up on republicans that will enhance his numbers. that will not do what you suggested that will not enhance his legacy. that will not pass signature achievements like balanced budgets, welfare reform, entitlement reform. narrow sense, good politics, what won him the 2012 election. i dare say at the expense of good governance. martha: all right. thank you so much. great stuff. doug, you wrote a very interesting piece on this morning that everybody should check out. monica, always great to have you. great points from you both. we'll see you soon. thanks, guys. bill: alous soldier leaking classified information. his case is drawing to a close. what will happen in the matter

of bradley manning? we're about to find out, martha. martha: a powerful demonstration. a group of special-ops veterans demanding answers on what happened in benghazi. , ok! , ok! ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

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like all standardized medicare supplement plans, they help save you up to thousands in out-of-pocket costs. call today to request a free decision guide. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and you'll never need a referral to see a specialist. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. martha: the amazing story of one of the heroes in the aftermath of the benghazi terror attack is just coming to light. fox news is getting exclusive details about the heroic actions

of a diplomatic security agent who repeatedly went back into the burning building to recover the body of sean smith. catherine herridge is live with this story for us from washington. good morning, catherine. >> reporter: thank you, martha. agent david ubin was so severely injured that ten months later he is still being treated in walter reed medical center. fox news is securing this photo -- obscuring this photo to respect his request for privacy as he remains focused on his recovery. fox fuse has learned he helped recover the body of foreign service officer sean smith, going back into the consulate multiple times. smith's mother hopes to meet with him to express her gratitude. >> thank you very much for what you've done, and why couldn't the government have done the same thing? i think he's a hero. he absolutely is a hero, along

with the two seals that got it. there was no reason for all these people to die. >> reporter: ubin was also desperate to find the board -- ambassador and went back into the building several times as well. on hearing this news, sean's father, ray smith, told fox it was just a relief to know more about his son's death. martha: catherine, thank you very much. bill: on this same story, martha, about a thousand special forces veterans demanding answers about the attack in benghazi. they have signed a massive petition unfurled on the hill this week. it calls for an end to what the group considers a cover up. colonel dick broward jr. is an air force be veteran. sir, good morning, and welcome to our program. >> good morning, bill. it's wonderful to be here. bill: you signed that scroll, that petition. what does it say? >> okay. the scroll is actually a reflection of a letter on the

8th of april that we sent to the house of representatives to act as a catalyst to upon sor house resolution -- sponsor house resolution 36 which is now being supported by congressman stockman's discharge petition. and what that letter says, basically, is that the special ops community now joined by the conventional community and patriots want to foe the truth -- want to know the truth for the families, for the fallen and for the veterans that have been sent a terrible message that we don't have your back, we don't have your six. that scroll is a copy of that letter with 700-plus and now approaching a thousand signatures from lieutenant general to every other rank of special operators that want to know as well. so we are the tip of the spear trying to speak for the american people, the fallen and the families of the four that died unnecessarily -- or two did especially, our seals -- in benghazi. bill: you are leading a powerful group of americans.

what do you believe is being hidden? what do you think the truth is? what don't we know? >> well, given the opportunity we asked about two dozen questions, but if i had to prioritize given the time limit, we need to know who issued the order, when they did it and why stand down, stand down, stand down. because those were orders, to quote a president, a real commander in chief. those were words that will live in infamy because once the balloon went up and the ambassador called for help in fear of his life, i know that special operations forces who have trained and bled to do these types of missions were standing by chomping at the bit waiting for the command from the highest authority through their command chains such as africom to go to the sound of the guns and begin to get there perhaps in a fighters first and boots on the ground to quote general dempsey later. get there, find -- if you uncover that, who did it, why did they do it, was it political

for election purposes? and when did they do it? that will break open the box that's holding the puzzle pieces that are benghazi. bill: we are about ten months removed from it now. will you get that answer, do you believe? >> if we get a select committee with subpoena power and most importantly as was emphasized yesterday at a meeting i attended with the requisite clearances for the people that are on the that select committee similar to what went on with the grand jury in watergate -- but nobody's eyeing watergate, that was an electronic crime. but if you find out who issued that stand down order, and it has to come from the top, the president or the secretary of defense known as our national command authorities. that are break open that locked puzzle box, and we will find out the truth of what happened that night, and we lost our seals in particular in the seventh to eighth hour of that tragedy. bill: i want to get you to react to this too. general carter hamm was speaking

this week, head of u.s. forces in africa at the time. and he said immediately he knew this was not a demonstration, it was a violent attack, and he considered it a terrorist attack from the early moments of it once he got word. but he also said that a quick response was not possible, and he defended the decision not to scramble fighter jets. what do you think of that answer? >> well, i would ask him to call lieutenant general mcier inny who is vice chief of staff of the air force, but he flew at aviano, and he has develop on record, and he is with us and backs us, and f-16s could have been launched with extra gas, refueled, hot refueled, in other words, don't shut down the engines, and been there in a few hours right overheld, low altitude, full afterburner. it would have scared the hell out of anybody. and then follow on with what general dempsey asked for, and that's boots on the ground, and that was our team of seven people that were in tripoli that were told to stand down to

defend tripoli when the threat and the action was at benghazi. i have an inside information, and from people that were there they could have got there. it could have been done. bill: okay. >> you have to remember it was seven hours, this the seventh hour when our two seals were killed. bill: colonel, thank you. i appreciate your time and your service. dick broward jr. with us from washington. we'll see if you get your answers in time, sir. thank you. >> thank you very much, bill. bill: all right. here's martha. martha: all right. well, republicans slamming the president for the new speech on the economy, calling it hollow candy. listen. >> what's the point? what's it going to accomplish? probably got the answer, nothing. it's a hollow shell, it's an easter egg with no candy in it. martha: a key gop senator joins us on what he thinks is lacking in the president's plan. and after a week of british royalty, how about a little helping of nascar royalty,

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♪ ♪ >> the president -- [inaudible] change any minds. all right, so exactly what will change? what's the point? what's it going to accomplish? probably got the answer, nothing. it's a hollow shell. it's an easter egg with no capty in it. bill: that was the house speaker reacting to the president's speech on the economy. but after more than an hour at the podium, critics say the president did not say much or unveil anything new.

missouri senate, roy blunt, vice chair of the -- >> hi, bill, good to be with you. bill: have not gotten your reactions just yet. what did you think of the president's message on the face of it? >> well, you know, it's like the ore dozen times -- the other dozen times he's pivoted back to jobs. there's nothing new in any of these messages, there's nothing that is more accomplishable than the things the president's already failed to get done. and i think what really matters now is what he says today and tomorrow and the next day, does he stay on jobs, or does he go right back to policies that discourage jobs? i'd like to see us pivot to jobs and stay this til we see private sector jobs full time, private sector jobs really beginning to come online in the country and help people out. bill: you know, part of the message was the republicans. i mean, you guys were in the crosshairs, frankly, and what he was saying was show us your hand, give us a concrete plan. what would you say to that in. >> oh, i think we've got plenty

of ideas, and be they are ideas that would drive the country forward. more american energy equals more american jobs. quit talking about raising taxes. if you're going to talk about regulation, talk about trying to eliminate regulations that don't have any benefit, that off sets the cost. there are so many things you could do. the health care debate is a debate that the president's not going to engage in, but be he wanted to talk about it again yesterday even though it's one of the things that's holding back full-time job creation, and everybody knows it. bill: he talked about infrastructure spending. i think we were there on stimulus a while ago, and you saw what that did. high-speed internet, talked about that, talked about giving homeowners a chance to refinance their mortgages. do you disagree with any of these ideas, senator? >> well, i'm sure i do, and i'm sure that none of them have any real job-creating potential.

you know, people that get jobs are going to want to remodel their house, buy a house. lots of things are going to happen. but refinancing mortgages really doesn't do a lot for the economy, it doesn't help manufacturing. there are so many things we could be doing here, and the president just refuses to do them and wants to be out there in the country acting like somehow he's a victim of the system. he's the most powerful guy in the system. he is the only person in the system that has people that actually will, because he says i want to try this or i want to do this, will actually do it. and he has the megaphone every day. but with, bill, he not -- my concern is he won't stick with the job message about more private sector jobs and really didn't say much about more private sector jobs yesterday. it was just that constantly we need to spend more government money rather than we need to have government policies that encourage people to help create opportunity for somebody be else. bill: saw a tweet from the

speaker, we don't need more speeches, we need more jobs. >> we need more jobs. be will and after listening to the speech yesterday and the critics of the speech -- and there were many on the right and the left, frankly, because they did not find a lot more in there -- >> i heard someone say this is almost exactly the same speech he gave at the same location in 2005 when he just was hoping to -- he's the president of the united states now. he has capacity to lead, but we don't see anything new. it's not news -- bill: so then to my question then, are we stuck? >> we appear to see a pattern here. the dozen pivots to jobs, the immediate focus on something else as soon as that speech is given. we shouldn't be stuck. we don't need to be stuck. we need to embrace more american energy. we need to be looking at regulation that makes sense. we need to do what we can to create opportunity for people that don't have it. bill: okay. >> things that restrict full be-time jobs that the government does are not the right thing to do.

bill: we'll listen for the message later today. senator, thank you for your time from the hill today. you as well. martha: let's go to rio where the pope is in the pope mobile at world youth day going on in brazil, and these extraordinary scenes moments ago, he was swarmed by people. you can see the security's a little bit tighter, they had that issue the other day, and it got a little hairy although the pope said he never felt threatened in any way. they're taking moments of bringing babies over to be kissed by the pontiff, and what a moment, right? bill: seems like -- martha: quite an extraordinary journey. bill: seems like a better idea, don't you think? martha: it seems like a better idea. bill than what we saw the other day. martha: he's also warning the young people of the world not to be brought in by ephemeral powers, and that is one of the main themes he has been discussing. bill: you think the mosh pit the

other day, this is a little bit more organized. and i imagine those guarding the pope feel a little more comfortable today. martha: great seens from rio this morning. we'll keep watching.

bill: this is a cool picture. that is pope francis making his way in what seems to be a modified pope mobile i guess we could qualify it as. he's been in brazil, but the first day in rio and, man, have they turned out in strong, strong numbers. a bit earlier he blessed to olympic flag. you know, the summer games will be in rio in 2016. everything's going on in that country. martha: a lot of babies lately in the news, right? and be he's kissing the babies as he's going along.

just a beautiful sight. bill: don't know if any of those boys were named george -- martha: jorge. bill: perhaps some jorge. from rio. martha: as those pictures come in, and also this morning the closing arguments are set to begin today in the court-martial of private first class bradley manning. he is facing multiple charges including aiding the enemy for handing over hundreds of thousands of classified documents to the antisecrecy group wikileaks. peter doocy is live on this story from fort meade, jan. have we heard anything yet from manning? >> reporter: we haven't heard from manning yet today, martha, but we did see him just after eight in this morning when he was driven up to the court building in a white suv looking very much like a 25-year-old army private first class. he was in his dress uniform and had his hands cuffed in front of him. he was taken into that building where closing arguments are going to begin later on today. and when they do start,

prosecutors must prove to get a guilty verdict on the main charge of aiding the enemy that manning had reason to believe that 700,000 plus files he leaked could be obtained by an enemy to harm the united states. and remember, evidence in this case has included proof that usama bin laden had letters written in his compound asking wikileaks for information. those letters were allegedly gathered during the raid that killed bin laden in 2011 in pakistan. but the other side of this, manning's lawyers are likely to continue to argue that bradley manning's actions were not those of a criminal, but instead closer to those of a journalist. the manning side and his defense took three days to lay out their arguments. prosecutors, on the other hand, spread their arguments out over five weeks. again, today is the beginning of the end. but before those closing arguments kick off, the judge is going to rule on five set counts that the manning lawyers want tossed out, and those deal quite

literally with the act of stealing those diplomatic cables and service member e-mails and battlefield reports. martha? martha: peter, thank you very much. bill: this is horrendous new video on this clip. there are dozens onboard who die. the exact moment a passenger train jumps the tracks and slam into a wall at high speed. in minutes, the very latest on what we're learning about this investigation this morning. that is just tough to watch. this is a lot easier to watch, isn't it? from rio, pope francis. he looks at home back in south america. as our coverage continues. [ female announcer ] it balances you... it fills you with energy... and it gives you what you are looking for to live a more natural life. in a convennt two bar pack. this is nature valley. nature at its most delicious. to experience the precision handling

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jenna: a fox news alert.

we have new video of this crash that happened. i have to warn you it is a very tough piece of video to watch. this is the view from the security camera as it came around that corner. unbelievable. what a tragedy this is. what a tragedy. it shows the moment that the train derailed on that curve and no doubt it will be a huge part of the investigation to determine exactly how fast that train was going. at least 140 people were injured. there is still on the scene trying to extract people. and to figure out how many people were injured and get them help. they have, been searching for the survivors. they have used crains to clear away wreckage here. the engineer who was driving that train survived this crash and is, as you would expect. under investigation. back here at home, more signs that support for the president's health care law is slipping. according to brand new fox news numbers we got in today, more than half of the country would like to see this plan scrapped.

53% of americans say they are in favor of repealing obamacare. that's where we start right now on a brand are new hour of "america's newsroom." glad to have you all with us this morning. i'm martha maccallum. bill: i'm bill hemmer. watching that train stuff, there is very little if any way to defend yourself when you're a parenting on board so. more on that in a moment. you mentioned the obamacare dissatisfaction, due in part to concerns it will raise the cost of insurance. that's what americans are saying. 47% believe obamacare will cost money. only 11% say they will see any savings at all as supporters of the law predicted for some time. martha: 47% say it will cost some money. that is an interesting number. bret baier, anchor of "special report" here on the fox news channel. bret, good morning to you. these can't be numbers that go over well in the west wing? >> reporter: good morning, martha. i don't think they are. this is one of the concerns the

white house has had and hhs has had and that is one of the reasons they're doing all-out full-court press to get people signed up and invested into this law. remember, we're just over two months from the start point, october 1st, when people sign up for the exchanges. then they're supposed to go into effect january 1st. what people, you know, the 47% here who think that the health care is going cost them money may have been reading a lot of stories lately that break down how each, despite getting subsidies, different parts of the economic scale will still have to pay and pay probably more than they're paying now. martha: you know, you go back to what the president has said about this all along. if you like your health care you can keep it. i think there is so much confusion out there about, you know, talk about october, people signing up for exchanges. it doesn't feel like we're anywhere near the point where people get it and they say, oh, okay i go to this place and sign

up. it just feels so, can't wrap your arms and it at this point, doesn't it? >> no, that's true. the other thing that complicateses it that each state is different. you have 16 states are fully invested. there are 34 states, it is a different quiltwork around the country how each state will handle it. a lot of people ask how the polls and how it breaks down. when you look at the numbers it is democrats, independents and republicans. this particular poll breaks down this way, self-described, democrats, 40%, republicans 34%, independents 22%, or refused to say, 3%. when you look at these numbers about 53% saying it should be repealed, know that inside those democrats are leading the breakdown of this particular poll. martha: that's a great point. and let's pull up one more of

these polls. that goes to sort of the political aspect of all we're watching. president obama bypassing congress and delaying a key provision, the employer provision they referred to in the health care law. 46% say it is no big deal. 45% say it is unacceptable. this goes to kind of the levers at the hands of congress, bret, what they can do and whether or not they can push through whether there would be delay in the individual mandate. congress, at least on republican side are doing what they can to postpone all this. >> sure, frankly republicans overall are trying to do everything they can to repeal the whole law or to defund it or to stop it. the president mentioned that in his speech yesterday. i assume he will mention that again in these series of speeches. it is this back and forth, this push and pull in washington over a law that republicans believe is going to be really harmful to the economy. democrats think it is going to help in the long run but both sides agree it will be probably bumpy logistically when it

starts october 1st. martha: do you think that october 1 is going to happen, bret? do you think that this will all be debade -- delayed as i said because it looks like a tough fix by october? >> i think they will make this full-court press and stick to that date and start signing people up. you had them reach out, the white house and hhs reach out to stars, celebrities, to try to encourage people. they're going to run an ad campaign. i think the october 1st date is kind of set in stone. whether the january 1st date actually launches with the exchanges working is another question. martha: yeah. boy. bret, thank you. we'll see you later. >> okay, martha. martha: catch bret and his all-star panel every week night on sex report, 6:00 p.m. eastern. and there he is. -- bill: martha, breaking news, moments ago, eric holder calling the supreme court decision trike striking down the voting rights act flawed. the justice department plans to

take the state of texas to court to get authority over voting laws. eric sean live outside the pennsylvania convention center where the ag is speaking now in philadelphia. eric, good morning. what happened? >> reporter: good morning. he just finished speaking moments ago and made news and now it will be texas. attorney general eric holder saying justice department moving later on today in court to seek to put texas under the section of the voting rights act to make the state of texas to get free clearance from voting changes from the federal government. this occurred after supreme court struck down section 5 of the voting rights act and texas immediately moved to an voter i.d. law. the attorney general called the supreme court decision flawed and deeply disturbing. he criticized that decision by the supreme court which basically overturned that part that mandated that about 15 states, southern states, get federal oversight.

this occurring since 1965. the case centered on shelby county, alabama, and as also spurred new voter i.d. laws across the country. voters called the legislation something that will chip away at minority voting rights. >> i believe we must regard this setback, not as a defeat but as an historic opportunity for congress to restore, and even to strengthen modern voting protections. after all, this -- [applause] this has never been a partisan issue. every reauthorization of the voting rights act was signed into law by a republican president. >> reporter: but others say the situation on the ground now today is far different than 1965. look at these numbers. they say they're not reflective of the current condition now. that african-americans vote in someplaces at a higher rate than whites. that in some states, as georgia, mississippi, south carolina,

more african-americans are registered to vote than whites. louisiana, as you can see is very close. meanwhile holder's department of justice is also reviewing whether or not there could be potential racial charges filed against george zimmerman for the trayvon martin shooting. mr. holder though did not address that controversy here in his speech just moments ago. the fbi and the sanford police department though, both have found that there was apparently no racial animus or motivation in that shooting and the jury of course did acquit mr. zimmerman on self-defense charges. tomorrow, sybrina fulton, trayvon martin's mother, will address this gathering here. certainly a very sympathetic audience. the news today, just moments ago, texas, according to the department of justice, will potentially be added to the voting coverage of the federal government. an we will effort response from texas officials. greg abbott, the attorney general fighting for new voter

i.d. laws. bill: another legal battle. eric sean, breaking news out of philadelphia for us. martha: new "fox news poll" showing racial divide over the results in the george zimmerman trial. take a look at some responses to the questions in the poll, among whites, 5% agree with the verdict. among african-americans, 87% disagree with the jury's decision on whether the justice department should try to prosecute zimmerman on new civil rights charges, a majority of americans say it should not. among whites 74% say it should not. among african-americans 77% say they should pursue those civil rights charges. bill: fox news alert. let's go to rio now. this is a cool sight. point francis getting a key to the city in rio. he as arrived in that city, part of his six-day trip there in south america. next he visits shanty town which is frankly far too common in the city of rio. the first big overseas trip for the pope. he choose as country with a long

border and long history frankly with his home country of argentina. it is also world youth day and that's a big moment. the pontiff has kept up his message about poverty all over the world, not just in rio or the country of brazil about the haves and have-nots. that is a familiar message that he has, he talked about ever since he was elevated to pontiff position. martha: huge turnout. bill: big trip. martha: look at people in the background there as he kisses the children along the way. we'll keep a close eye on it. just stunning pictures out of rio this morning. for something very different from that. he may be down but he says he is not going anywhere. anthony weiner takes part in a debate last night of the mayoral candidates, boy, you have to see what this whole thing turned into. we'll show you some of the say awkward moments that happened last night. that is coming up. our panel will weigh in. should he get out of politics for goodany, martha, that was the best transition all day.

well-done. congress votes to keep spying. nsa program survives but should it? what do you think? peter king is a supporter. he is live to explain his position today. martha: plus after texas approves some of the toughest abortion laws in the country, what is next for dozens of clinics that state? >> we're respecting life. now there are two sides to this and there is a lot of passion on both sides but at the end of the day we want to protect women's health better and not have abortions done in facilities where there is not blood, if there are complications they can't take care of them.

bill: an update to a story we talked about yesterday. a proposal to end door-to-door mail delivery for the u.s. post office. that passed committee and would move to the full house for debate. that means all your mail would be delivered to a neighborhood cluster box, similarly to what apartment building currently

have. it could save the cash-strapped service $4.5 billion a year. martha: anthony weaner is continuing with his mayoral campaign even as calls for him to quit grow louder following his latest sexting scandal. the former congressman attend ad campaign event in the bronx one day after confessing to another round of very explicit online messages and photos of, you know, we're still learning more what was in there and seeing new pictures. fellow mayoral candidate and democrat eric salgado, taking aim at him during last night's debate. questions how to use social media. watch this moment. >> to use [inaudible] mr. weener.

[laughter] [shouting] >> all i can say, delgado, don't ask me. martha: weird moment, right? very strange stuff going on here. michael graham, radio talk show host on columnist for "the boston herald." santita jackson, radio show host and fox news contributor. michael, and then santita, we'll get you to weigh in. smile, this is all so funny. well, don't ask me. what do you make of all this, michael? >> well, first of all on behalf of talk show hosts across america, run, weiner, run, please, stay in the race! you can do it. this is great. i used to do stand-up back in the day before i got to politics. his timing is impeccable, he figured this out. keep people laughing and joking

and note focus hon his horrible lack of self-control or amazing arow against would cause him to get back in politics. he think hes can win this thing. based on behavior of voters in new york he could be right. martha: what do you think, can he win this thing and what is your reaction to that exchange? >> paul big gal last, the master messager, put it this way, this is not for spin doctors. this is for "dr. phil." at the end of the day i hope we will let the people decide. this is about democrats. this is about democracy. it is not about the party. this is about the people. as you noted in this, in the event he went to yesterday, he was jeered. but when he walked out he was cheered because he did not have a media filter. i hope this is someone clearly crying for help. i hope that we will give him the opportunity to get well. he needs to climate of compassion, not one of contempt. martha: does he michael, do you agree with that? >> not at all. obviously he has not hit the

contempt meter. whatever the contempt card has not been punched yet, he is still out there. he knew he had a 22-year-old still communicating with and asking her what she was wearing on her feet when they were talking. number one enabler, huma, learned everything from hillary clinton. there is no amount of shame a woman can't go through as democrat and advance her political career. horrifying to me she is willing to do this herself. she is worse than he is. martha: essentially that, with a big picture of this woman and san teeth that -- santita, you don't want to judge a woman and reason for staying by her husband but voters will take all this in and decide whether or not they like the couple they like to be your honor and mayor and first lady of new york city. >> all people have problems. this is not another woman. this is another avatar quite frankly. this is something, i support families. and people married for very

personal reasons and stay together for very personal reasons. i support mrs. weiner's decision to stay with her husband and i support their, their decision to make a family. and i hope we will do that too. so as a woman i think that we need to support women who make their choices, and support the men if they do that. martha: i hear you on that front. everyone supports families. everyone supports her right to make her decision. >> no, we don't, martha. martha: people don't have to support whether or not they want them to be the mayor and first lady. >> that is political decision. that is political decision. that is not a personal one. martha: absolutely. >> i'm talking about the personal side of this. there is lot of private pain in public service and public life. so as we look at them on television, let's look at the fact that they have got to go home and shut teal with the problems that they do have. and i hope that we will support them as they try to work through this. this is not easy. martha: all right, thank you. >> i completely disagree with that last part. i'm sorry, shut the door.

go home, shut the door. when you walk out in front of it. v cameras you're putting politics ahead of personal life. she should be ashamed. >> i don't think so. we should affirm their marriage. we just disagree. martha: santita, thank you. agree to disagree. as you say the bottom line the voters will decide. >> yes, they are. martha: it is unseemly. you feel like you should be opened up into these people's lives. you don't want to be. shut the door and figure it out. bill: i did radio for cincinnati this morning. we talked about this for 15 minutes. not just here in new york. all across the country they're measured on this. they're measuring their own views on weiner. we'll find out whether or not he survives a primary batgirl a lot of people think he may drop out. there is pressure to do so. bill: a lot of pressure. from places you might not expect. martha: where will the money come from for the rest of the campaign is the big question. bill: here is a picture. president george herbert walker

bush going bald for a very good cause. the picture of the day and we'll explain why. martha: personal for him as well dale earnhardt, jr., in "america's newsroom," folks. he is coming up. ♪ i gotta go deposit a check, transfer some money. so it's your uncle's turn. what? wait, wait, wait... no, no, no, wait, wait. (baby crying) so you can deposit a check... with the touch of a finger. so you can arrange a transfer in the blink of an eye. so you can help make a bond... i got it. that lasts a lifetime. the chase mobile app.

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was also featured on the show. he is in court on murder charges. bill: oh, boy. martha: my collection obsession. bill: i collected beer cans when i was a kid. does that count? weeks of protest, heated debates and one very long filibuster. the state of texas has, according to its detractors, some of the more restrictive abortion laws in the country. casey stiegel with us now. when does the law go into effect and when does what is the law, casey. >> reporter: booed morning, bill. it i will will be implemented in phases. coming up in three months or so it will be illegal now for a woman to have an abortion in the state of texas if she is more than 20 weeks, 20 months, 20 weeks pregnant. the other major component of the bill requires clinics to upgrade their facilities to hospital-like outpatient surgical centers. and that has too happen by september of next year.

right to life groups have been celebrating, arguing all along that this is about improving care, making it safer for a patient. >> it's a surgical procedure and it should be done in an outpatient type atmosphere, which is what an ambulatory surgical center is. we just want better care for women. >> reporter: according to the texas state health services department more than 72,000 abortions were reported in the state of texas in 2011. the last year those statistics were available, bill. bill: casey, what are we hearing from or what is the consensus among abortion providers on this? >> reporter: there is a lot of concern. pro-choice groups all along said while this was argued in the texas legislature and senate this would require all but five of the state's 42 abortion clinics to close because only five meet the current criteria. we spent some time this week at a facility in houston. the physician there says that the current location he's in is not big enough to make the

changes this new law requires like, creating wider hallways, larger procedure rooms, sophisticated air flow systems. so he says that he would have to start from scratch and cough up about 3 million bucks to build a new surgery center. dr. rosenfeld tells me and most of his colleagues don't have that kind of cash. he is afraid if lots of these clinics close, it could force women to the so-called, back alice. >> when i was at boston city hospital in 1970 we had women die from illegal abortions. we've had women require hysterectomies for illegal abortions. so that's a very scary alternative. >> reporter: but the pro-life says that these abortion providers do have the cash to make the necessary upgrades and that they just don't want to spend it. it is likely this will be contested. an injunction is filed and everything like that, so to be continued here on that, bill. bill: a lot going on there in

texas. >> reporter: yeah. bill: thank you. casey stiegel is live in dallas on for us today. martha. martha: the big vote is over and congress says the nsa can keep collecting metadata, all the phone numbers across the board and congressman peter king says he believes that is a good thing. so he is here to the defend the controversial intelligence tool coming up. bill: the chain gang making a comeback. a county sheriff putting convicts to work. why the sheriff says it is one of the best crime prevention measures. ♪ the great outdoors.... ...and a great deal. grrrr! ahhh! let's leave the deals to hotels.com. perfect! yep, and no angry bears. up to 40% off. only at hotels.com

bill: fox news alert now. there is news on this tight vote in the house meaning nsa will continue surveillance of americans and storage of your data. an amendment to defund the program defeated by only 12 votes. it was close, no doubt. the measure's author who lost by the way, says he is encouraged by that slim margin. >> look, the republican side, we did fantastic. we got the people we thought we would get on this vote and we hope we can continue to get more and more republican who is care about these issues and i think we will in years to come. bill: doesn't look like he will get the support of my guest now, new york republican peter king, sitting on the house homeland security committee. voted against that bill. ultimately won. good morning, sir, welcome back to our program.

>> good morning, bill. bill: you believe we need this. why do we need this surveillance? >> this program is absolutely essential. to start off with prevented more than 50 attacks against united states or allies overseas and during the entire 12 years of program there is not one instance of any abuse. it was thoroughly examined by the senate intelligence committee. it has never been abused. all phone numbers are kept under lock and key. no access to private information there is not looking at e-mails under this program. all it does is collect phone numbers who is making calls to be used later on only under very specific circumstances. last year it was use ad total of 300 times out of all millions of phone calls that were made. it was used and been very effective, for instance, it was this program that stopped attack on subway system in new york in 2009. right there you saved hundreds of lives. there has not been one abuse in 12 years. i think yesterday's vote, shouldn't have been that close.

it shouldn't have. bill: and it was. let me talk about that in a moment. i heard you talk about the 2009 attack that was thwarted. i have never heard what you said about a dozen plots being stopped, or thwarted. is that the case? >> there's been, general alexander, showed, a total of 52 plots both here and overseas have been stopped by the nsa surveillance program. 52 different attempted plots have been stopped, thwarted, intercepted through this program. bill: interesting. i haven't heard that number before. if it had failed are we less safe? can you make that argument? >> absolutely make us less safe. for instance we would knot not stopped the subway attack in new york back in 2009. right there you would have hundreds of people being killed. yes, we would be less safe. this is absolutely essential. after september 11th, the 9/11 commission and other investigatory bodies they have other officials in, prior to 9/11 all these phone calls were being made, why didn't you

connect the dots? what this program does, it enables nsa to connect the dots. it is integral program working with the fbi and working with all our foreign partners and put together, part of the composite we have which is basically prevented any large-scale successful attack in the united states in 12 years. bill: people think it is funky because they don't know why you have to store all the material for so long. i know you're making the argument about terrorism in 2013 but what about 2023? what about 2033? what is the excuse and potential for abuse then? >> well, first of all, all the records have to be purged after five years. so you can only maintain the records for five years. after five years, those records are destroyed. and, as far as an excuse, i mean never going to be excuse. you have to find a needle in a haystack. canned find the needle if there is no haystack. we have to have numbers there. if a number from overseas, terrorist phone call, terrorist phone number comes up you drill it into the metadata of millions

and millions of phone numbers an phone calls and that is how you find out who they're talking to in the u.s. and those people have been talking to. that is very essential in the 2009 attempted subway attack in new york. you don't have all the numbers, you might as well have none of the numbers. bill: i have one more question. >> sure. bill: a tight vote. a lot of republicans. you and speaker boehner and nancy pelosi voted against it. that was a triad that helped defeat this. this may come up again. will it pass next time? >> i certainly hope not t would be shapeful and dangerous to americans at risk. put us back to september 10th, 2000 one. i lost over 150 people in new york on september 11th. i never want to go through that again. if you have a program never been abused and saved lives that would be surrender to give up the program. bill: peter king, republican from new york. thank you, sir, for coming back today. martha: we are just getting this story coming in here. police say that a small plane has crashed into a house in

central indiana. this is a horrible scene. columbus, indiana is the shot, this aerial shot coming in. the house caught on fire. the public is reporting reportie crash happened thursday morning in a neighborhood on the north side of columbus, indiana. 40 miles south of indianapolis. it sent a plume of smoke over the city on a very clear, calm, sun any day. we do not know yet in terms of injuries or what truly happened here but a very, very tough scene on the ground as that house continues to smoke and the plane crash is under investigation. bill: are you able to see how many homes were affected there? is it one or more than one? martha, like one as far as we can tell right now but this house is destroyed and the wreckage is part of the story that we're continuing to figure out. bill: you wonder if it is fuel on board the plane helped burn down the home or whether there was a gas leak eventually a explosion. martha: could be.

bill: all that's a possibility. you weather, it is clear and the sunnies out today. martha: there's a lot of fuselage and wreckage that we're seeing in this house in columbus, indiana. we're working to get more details on this situation. you can see from the aerial view here there is just complete devastation in this home and it does not appear there is anything left of that plane. we'll continue to stay on this and try to figure out details of the plane. how many people were on it. if there were survivors in this situation. all of those questions still to be answered. bill: reading from a newspaper apparently in columbus, indiana, called the republic, reporting it happened thursday morning clearly in a neighborhood on the north side of town about a mile from the city's airport. that raises the question whether it was taking off or coming in for a landing at that point. the fire sent a plume of smoke over the city. the weather is calm and it is clear. one state police sergeant

telling associated press he does not yet know whether anyone was injured or killed inside that home. we're waiting to see on that. as you mentioned, martha, how many people could have been on board that plane. former president george herbert walker bush showing support for a little boy battling lukemia. with one of the best stories of the day and one of the best pictures you will see all week. he shaved his own head. 2-year-old patrick on his lap, is a son of a member of his secret service detail. he began losing his hair after starting cancer treatment, the boy did and the former commander-in-chief decided to go bald with him noticed several members of security team shaved their heads. patrick's prognosis is apparently good. suffers of childhood lukemia are close to the hearts of mr. bush and his daughter barbara. they lost their daughter barbara to lukemia 60 years ago. we hope for the best for him and

for patrick. martha: obviously that tragedy in their own lives made them so sensitive to what this child is going through. they talked about what a tremendous loss for them. what a great sport. what a great sport he is and what a great gesture that is. they look good together. bill: i'm telling you. martha: that's a good look. bill: like father and son out there. 41 looks good. well-done, mr. president, nice. martha: well, an nfl rookie is being praised for his heroics both on and off the football field. watch. >> the car in front of me started smoking. i saw the smoke and the lady said that she saw the smoke but she didn't know that it was coming from her car. martha: boy, a hero's story from the nfl. a good thing to hear. he saved a family's life. we have details on the dramatic rescue. that is coming up. bill: nascar great dale earnhardt, jr. is live in studio in a matter of moments. there is a big, big race coming up this weekend.

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bill: so an nfl rookie being called a hero on the way to training camp. 10 sees titans tig willard saw a car with smoke coming from it. he told saw a driver pulled over and went into action. >> all kids and got like, small things out and got the lady out and she still was like, i can't believe this is happening to me. bill: that was just the beginning. witnesses say as soon as everybody was clear the suv exploded on the side of that highway in flames. all that was left was a burned out shell of a car. no one in the end though, no one was injured. play of the day. martha: right. nascar is gearing up for the super weekend at the brickyard

400. one. sprint cup series crown jewel events. takes place at indianapolis motor speedway. one. drivers at the top of the point standings hopes for a big championship run with a win on sunday. we're excited to have him in the sued yoda, dale earnhardt, jr. >> thanks for having me. martha: welcome, welcome. great to have you here. what are you expecting this weekend and are you hoping for a win? of course you are, right? >> absolutely. the brickyard race is a major event for us. this is one of the biggest races of the year. we're real excited about going there this weekend. have an opportunity to win. put my name in the list of historic legends won there before. martha: like your dad, right? >> absolutely. martha: we certainly hope that is the outcome for you. that would be great. dan can patrick is a friend. she has been around here lots of times. we love having her here at fox when she comes for a visit. i want to play a little sound bite that was controversial that kyle petty had to say about her recently. get your thoughts on that.

let's listen to that. >> danica is perfect example of somebody that can qualify bitter than what she runs. she can go fast but she can't race. i think she has come a long way, but she is still not a race car driver. martha: not a race care driver? i don't know that much about nascar. i openly admitted to you as we went into this whole thing but i know she is a race car driver, what do you say? >> well i had the chance to actually work with dan can and race against her as well and i enjoyed having her in the sport. i think she is really good for the sport. i think she is a tough competitor. she is serious about what she is doing. serious about her job. serious about getting better. serious about really making a career out of this and i'm, i look forward to racing with her on into the future. i think that she does a heck after job. she is under a lot of, you know, pressure and under a huge microscope and i think she handles it really well. it is something that, i've understood and know a lot about and i watched her handle it with

class and as a professional. i really enjoy having her as part of the sport and looking forward to working with her and racing with her. martha: i think she is inspiration to young girls across the country. think it's a great to see a trailblazer in the sport. i think that is something everybody can get behind. i have to ask our followers out there, because we have so many nascar fans in the audience what they want to ask you, they want to know about the new sponsorship. can you tell us anything about that? >> the new sponsorship? martha: can you tell us anything about that? >> we're working on some things to finish out the season and stuff into the future. we have nothing to announce yet or nothing we can announce today. we have a lot of neat things in the works and excited about the future. martha: wish you luck with that. let's look at the car, generation five. you're driving the generation six car and what i'm hearing this is sort of a bit of a return to some the things real nascar fans really love about the sport. which one do you like better? do you like driving the new car?

>> i like the new car. it represents the manufacturer better as far as character lines and grill. something that looks like a streetcar that you buy in production. i think the cars drive bert. they have a little better aerodynamic package. a little larger spoiler. the cars are into the racetrack better we like to say as drivers. we enjoy driving them. we can make them better. we just started using them this year. we have a lot of technology to still understand and learn and discover with the cars to make them race even better. martha: everybody who follows any sports across this nation knows that your dad's number was number three and there isesome discussion, a new driver may be coming into the sprint series has that number three. >> yes. martha: i was interested to learn they don't retire numbers. >> right. martha: i would have assumed your dad's number would have been retired. how do you feel about that? would you okay seeing another number three out there on the track? >> yeah, i would. it has been a long time since the number 3 has been out in the nextel cup series but the thing

about it is, this guy, austin dillon, who may possibly use it in the future, just imagine it's anyone but they start using this number 3, maybe in little league baseball and growing up as a kid in high school and sports they're using number 3, to them there is no correlation to dale earnhardt. it is just their numbers just their favorite number. it just happens to be, and this guy turns out to be a race car driver and wants to carry on using the same number. i think it is unfair to deny him that because, it was, what it means to someone else. the guy, austin dillon that wants to use this number, could potentially use the number who is grandson of richard childress who was my dad's car owner. there is lot of great connections. martha: very generous of you i think most people would say. we'll see what happens with that. not surprised you're the most popular driver in the sport. you're a terrific guy. thank you for coming. >> thank you. martha: good luck this weekend. pleasure having you here. dale earnhardt, jr., many thanks

for coming in. bill: 11 minutes best hour. jenna lee is following that around the track as we go. >> nice. can we talk about cars the next two hours? bill: you can. >> i don't know how our bosses would feel about it. anyways we have brand new polling numbers out from fox news with numbers that won't please the president on three fronts, the economy, health care and the president's job approval numbers. we have karl rove and joe trippi with analysis what all those numbers mean. plus you know doubt seen them popping up at a store near you. electronic cigarettes being sold as cool alternatives to smoking. if you thought they would be healthy you might be wrong. we'll take a close look at e 6:00, bill. -- e-sigs. bill: not i-sigs. cars, "happening now" at the top of the hour. imagine that, first of its kind law is getting new attention in

washington. for a very good reason. we'll talk about it. martha: this might seem like a start to a bad joke. a bear walks into a bar, right? nobody's laughing. we'll be right back with a explanation.

martha: we're watching the bilge board open for just about an hour 1/2 so far. down about 50 points as they get things rolling on wall street this morning. pretty light volume happens this time in the summer. we'll see where the market is headed today. 15,490 is the level for the dow 30. bill: you know that too many americans are now saving enough for retirement, so one state trying to force millions of workers to enroll in a mandatory program and do just that. william la jeunesse live with the story in l.a. what is this

program, william? good morning. >> reporter: bill a lot of people are approaching reef evironment broke. three-legged stool, company pensions, personal sevennings, social security no longer exists. california is the first state, not likely to last to create its own state retirement plan. it is intended for six million workers not covered by a pension or 401(k). here is how it works. employ must enroll and take 3% out of a workers paycheck and hopefully it roles in guaranteed rate of return. nothing stops anyone from opening account at local bank, most do not. >> it's really difficult task for a lot of people especially if the first receiving the money and then they have to put it away, mentally it's a lot easier to put the money away before you touch it, before you can even spend it.

>> reporter: currently 62% of private sector workers do not invest, bill, in an employer sponsored retirement plan. this is designed so fewer people retire into poverty. bill? bill: is novel. what is the risk, william? >> reporter: many in business bill. number one they say the state doesn't belong in the pension game. secondly employers that don't comply, get fined. state taxpayers they will argue if the investor fails to perform or fund manager goes out of business in the future. so that is the risk if you will, but right now employers fear the state will require them to match that employee contribution. that coming down the road. bill: can't dislike the message of save, save, save. it's in your own best interests. william la jeunesse, thank you. live there in los angeles on that. martha. martha: rescue workers on the scene of a deadly train accident in spain. why investigators think that speed may have been the major element in that horrific crash. we'll be right back.

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bill: you know, your nascar knowledge is phenomenal. martha: you didn't realize. bill: i know what you'll be doing this weekend. martha: what a great guy. /to have him here. see you tomorrow, everybody. "happening now" starts right now. rick: and right now brand new stories and breaking news. jenna: brand new details on that deadly train crash in spain. we're learning more about who was on board that train and what may have caused it to crash. what's going on with this train that nearly every train in europe has in common. we'll talk about that. plus, the coast guard rescuing a man who'd been missing for eight hours, pulling him from shark-infested waters. the recovery caught live on tape. and the jodi arias case takes a new twist. can you believe it? the arrest of a man accused of threatening tv news anchors for