we are back here next sunday morning at 11:00 eastern at 5:00 p.m. eastern with the latest buzz. hope to see you then. hi, everybody, i'm jamie colby and welcome on game day to america's news headquarters. >> it is super bowl sunday. topping the news right now, new jersey governor chris christie is filing back against a former top official and political ally whose lawyer claims evidence exists the governor knew about those controversial lane closures as they were happening. we'll add governor christie's sharp and scathing response. and president obama's vowing to go over congress' head if lawmakers don't go along with his latest agenda. is he overstepping his bounds?

we're going to have a fair and balanced political debate. >> and going to watch the game later on today? some people not only watch the super bowl for the football, but can't wait for those commercials. but, you know, a lot of those ads are leaked online so they're already out there. the previews take the wind out of the sails of the company's big presentations tonight? >> good question. and why not let's begin with super bowl xlviii. it's an exciting day for so many people. what is being called as well unprecedented security measures make everything go fine with the fans. they want a safe game today. everything from choppers and jets to boots on the ground, covering the area from new york city, right to metlife stadium across the river in east rutherford, new jersey. and that is where we find rick levanthal who has been canvassing really around the stadium. rick, great insight you've given us onto what is really happening, at least the security

measures we can see. >> well, thanks, jamie. the denver broncos and seattle seahawks have had two weeks to prepare for the super bowl. the new jersey state police have had two years to create their security plans. and lieutenant colonel, the incident commander, the guy in charge for security for super bowl xlviii. that's a pretty big responsibility. >> sure is. >> how is it going so far? >> going great. everything that we planned for, everything that we put on paper we exercised for is being executed right now. >> more than 100 agencies, federal, state, local all working to the to create this ring of steel, basically, and metlife. >> yes. and it's working seamlessly. the information sharing, communication, everything is going just as we planned. >> i know you broke up all your security into subcommittees. you have people watching every single thing including the highways, and the weather, which is much better than you thought it might be. >> this is great. it's absolutely great. >> how does this help you? >> it helps us, because it takes one component of it out. where we had to worry about snow removal or ice, things like that. so our department of

transportation now, they're back to normal operations is in place where we don't have to worry about a snow event. >> you have 750 acres here at the meadowlands to patrol. there are multiple events happening today, not just the event. >> izod has celebrations parties, the new racetrack and old racetrack and all the pavilions have events going on. we're responsible to handle each and over i one of those events. >> has anybody said, this is ridiculous? you guys have gone overboard? >> i have not heard that. the amount of security we put in place is for the folks. it's an american celebration. we want to make sure we continue the tradition with the nfl to make it a safe environment for the folks to come and have a good time. >> i did go in to the stadium earlier. there are multiple layers, you're basically going through an airport security check system. and i know anyone who gets on a twrin to come to metlife has to have tickets to the game and will also be serged by tsa agents. >> correct. part of the agencies working to the we use the experts at the airport that know how to do the screening, know what they're

looking for in conjunction with state police, new jersey transit, port authority officials. we're using every access out there we can to get the folks in quickly, let them enjoy the game. >> you have a prediction for the kraut come? >> i haven'thood time to even look at it right now. we're ready to go. >> thanks, ed. new jersey state police they have really cracked down on this place, jamie. you will not get near metlife stadium if you don't have a ticket or proper credentials. >> good to know. definitely a different approach this time. thanks so much. no tailgating today. thanks, rick. before you watch the game tonight and while you're stirring up the chili, make sure you tune in to your local fox affiliate. we've got a special treat. bill o'reilly has an exclusive interview with president obama, fresh off the state of the union address. the discussion is sure to be hard-hitting. no spin. it all starts around 4:30 p.m. eastern. i'd tune in at 4:20. you don't want to miss it. >> that should be quite a clash. wait for that.

we just heard how law enforcement in juer er new jer working to keep the super bowl safe. in the upcoming olympics in sochi, can the same be said there? let's bring in mike baker, president of diligence llc a global intelligence and security firm. good to see you. >> thank you very much, eric, appreciate it. >> we just had the rundown from the new jersey state police about the massive u.s. security efforts at the super bowl. we're so adept at it. how does that compare to the russian security? >> well, the sochi olympics are a much more complex problem. because, with the super bowl, not to say that it's not difficult, and incredibly labor intensive and complex, but with the super bowl you've got one venue. you've got, you know, all the players on the same sheet of music. it's all u.s. law enforcement intel and concerns. with sochi, you're talking about at the end of the day, you're talking about a high threat environment in the backyard of one of the most rabid islamic insurgencies in the world.

and you're talking about multiple venues. you're talking about this famous ring of steel that everyone is probably familiar with at this point about talking about it. it's a 60 miles long, 25 miles wide, encompasses coastline, mountains, forests, and again multiple venues, and the biggest problem, i think, from our perspective, is that we're dealing with the russian authorities. and this is a matter of national pride for them. so, you know, we're not getting the sharing of intel. we're talking about it. there is some cooperation. but we're not getting that cooperation that we usually get during the course of other olympics. where everybody is working closely together. >> and what could that mean? >> well, it means a lot of problems. first and foremost, it's difficult for us to properly assess the current ongoing security environment. we're not getting all the intelligence. we're not getting all the threat streams. we're not aware of all the operations that the russians are worried about on the ground. -- >> you think they're aware of that? are they getting that? >> -- and intel service

personnel there. we would like to be further included in that process to understand. and that helps us better protect our own people. better assess the current security. we've also got a problem in the event, knock on wood, that something should happen, there should be an attack touch off, then we're not going to be able to do much because we're not sending military in there to respond to an attack, even on u.s. citizens unless putin gives the authority to do that. and so we're going to be left standing on the sidelines watching the russian forces respond. and as we know from past terrorist incidents, that can be problematic. >> do we have access to, to try to evacuate americans if need be? you talk about the backyard. let's take a look at the map. sochi and chechnya only 261 miles apart. they've had suicide bombings before in 2010. two female suicide bombers attacked a moscow subway station, the volgograd train station. 34 people killed just a couple of weeks ago when that was bombed. what is the danger and the

threat of islamists, and of islamist terrorists against the sochi olympics? >> well, this has been a brutal conflict. brutal on both sides from the russian military perspective, and from the islamic fundamentalists. this has been going on for years. from an islamic fundamentalist point of view, you've known these olympics are coming down the pike for a long time. it's not as if suddenly toy woke up in december and said we're having the olympics in sochi? so, the idea that suddenly, you know, they just decide we're going to send a few black widows. we've been talking about those as concerns. black widows into sochi, it's ludicrous to think that the fundamentalists haven't been planning and plotting, thinking about what to do for at least a couple of years at this point. and so when you've got this major problem right on the border, right in the backyard, putin can spend all the money he wants to. he can dump all the resources he wants to in there, and it's true of any security situation, you do everything possible that you can, within the confines of

parameters of the event that you're trying to protect, but at a certain point in counterterrorism you just don't get the risk down to zero. >> the islamic terrorists attacked the world trade center here in new york, they bombed it in 1993. they had a plot to bomb the landmarks, tunnels, united nations and elsewhere. finally, the only way for us to stop this threat? >> well, you look at it from, again, from the, you know, if you're an islamist fundamentalist sitting in dagestan or in chechnya, or in ossetia, wherever in the north caucasus you've known that putin has staked his personal representation on the success of these games. he's basically staked the resurgence of russia on the national stage. and that is an irresistible point, i think, for these fundamentalists. that's why, you know, the concern has been for a long time, not just the past few months, that, you know, this is a very, very high threat environment. now what do you do? of course you've got to go on. i always see the international olympic committee and the

russians, you know, they're spinning madly trying to get the focus off the security concerns and on to the opening ceremonies which take place on friday. and that's proper. the athletes have to get themselves focused. but the reality of it is, you have to be realistic, we're operating in a high threat environment for the course of these games. >> all right. well we hope that the olympics will be safe. certainly expect the super bowl to be, too. mike baker, thanks so much for your insight today. >> thank you. today isn't just the super bowl. it's also groundhog's day and you know what that means. punxsutawney phil, makes a prediction. >> why that's not a football, but my shadow i see. it's six more weeks of winter, it must be! >> six more weeks of winter. the snow's already hitting some areas across the midwest and the northeast. but it still looks like clear skies will hold out. at least for the game tonight. me

meteorologist live, so good news for folks sitting out there at the game. but they better get home fast. >> exactly. they are squeaking this game in. because we're watching this system move up towards the mid-atlantic and the northeast in the next 12 to 24 hours. and that's going to get us with several inches of snow. so, let's take a look at it right now across portions of north texas, and oklahoma, where they could see up to 12 inches in some cases. and then this system is going to continue to move, grab a lot of moisture from the gulf of mexico, across the ohio river valley. nashville mainly a rain event. 6:00 a.m. monday, creeping in on philadelphia, d.c. certainly. we think mainly rain but you could see a wintry mix and there's new york, long island, up towards connecticut and massachusetts. that's 12:00 p.m. monday, kind of sticks around here throughout the day. it's going to make for a very tricky drive in on monday. and if people are trying to get out the airports, of course, we could see some cancellations and

delays. so keep that in mind. there's your forecast precipitation, as i mentioned, 6 to 12 inches for parts of northern texas in towards oklahoma. and then some areas could see 6 to 12 inches we're thinking around new york city 2 to 4. philadelphia you're right on the cusp here but you could get easily four to five inches. so a quick mover but it's going to cause some problems certainly for the morning commute. temperatures incredible for this first week of february. in new jersey and new york, 50 degrees in new york right now, jamie. and for super bowl sunday, i mean, you couldn't ask for better weather, 45 degrees around kickoff and the temperatures are going to drop and then that snow is going to come in around 3:00 a.m., 4:00 a.m. get people home safe but the game is going to go well. >> and don't put the gloves and hats away just yet. >> no. i could have told you that we had six more weeks of winter. >> well, then you'd be taking the gig away from punxsutawney. >> don't want to do that. >> be kind. janice, thank you. >> okay.

now to the iranian nuclear deal. iran's foreign minister today saying it would be, quote, a disaster, the nuclear talks fail to reach a final deal. this comes during a meeting with secretary of state john kerry and other top diplomats at a security conference in munich. the next round of nuclear talks on this interim agreement are scheduled to begin on february 18th in vienna. as all sides are working toward a permanent nuclear deal that supporters hope would finally prevent tehran from building a possible nuclear bomb. now to the growing scandal, and it is growing, surrounding new jersey governor chris christie. his office is denying the governor knew about the lane closures at the george washington bridge at the time they were happening last year. that allegation is made by a lawyer for a former port authority official and political ally of the governor.

peter doocy has a lot more on this live from washington. >> it's interesting, jamie, because so far, the democratic new jersey lawmaker leading the investigation says he doesn't have any proof to book up that former christie ally david wild steen's claim that evidence exists showing chris christie knew about lane closures sooner than he says. >> the use of the words evidence exists, as opposed to saying, i have documents, or i have an e-mail, it's a curious choice of words, which maybe he knows somebody else that has information. >> and this comes as christie's team seeks to discredit wildstein, as well, saying wildstein will do anything to save himself. he's been asking for immunity since the start of the scandal, adding that wildstein was reportedly a deceptive high school student who used to blog anonymously. but the dnc is out with a brand-new ad that suggests chris christie blew his chance as presidential frontrunner.

>> maybe the folks in washington, d.c. should tune in their tvs right now, see how it's done. >> if anyone looks at the chris christie performance this tuesday and doesn't think that it's an absolute slam dunk as a model for the future of the republican party they need to have their head examined. >> still, though, congressman paul ryan thinks governor chris christie should stay on as the chair of the republican governor's association. >> all right, thank you so much, peter, have a great day on game day. take care. >> you know, president obama has been saying he will work around congress to try and get some things done. so that's -- exactly what can he do through his executive orders alone? it's causing a lot of controversy with his boasts. we'll have a straight and fair and balanced debate on his executive orders straight ahead.

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right here on my smart phone. [ brina ] join today at raley's dotcom, or at your store. ...it rewards you... for being you. [ brina ] something extra -- now rewarding over 1 million members. welcome back, everybody. great to have you here. in his state of the union address, president obama said he wants to work with congress, but that he's also willing to side-step it altogether by

issuing executive orders to get some things done. well, today, republican congressman paul ryan blasted that approach. >> we have an increasingly lawless presidency, where he is actually doing the job of congress, writing new policies and new laws without going through congress. presidents don't write laws. congress does. and when he does things like he did in health care, delaying mandates that the law said was supposed to occur when they were supposed to occur, that's not his job. >> lawless. where can the president actually act unilaterally, and where must he call on congress, specifically the republicans, for cooperation? joining me now for a fair and balanced debate the president of new heights communication, christy setzer, former specifics person for vermont governor howard dean and fox news political analyst angela mcglowan is back. we appreciate you being here today. >> thank you. >> christy, what specifically, without question, can the

president do by executive order so that we'll all know as we watch what he actually does. >> well, he's done a number of things, i guess, by executive order. you saw in the state of the union he called for the raising of the federal minimum wage for federal contractors to $10.10 an hour. i think that's a good example of something where he hasn't been able to get traction on it in congress because these are people who, for the most part, have not shown a great willingness to work with him. you see paul ryan calling him lawless today. he's also been called everything from a socialist dictator to having an imperial presidency. you know, look, it seems as though we would benefit from republicans reaching out a little bit more to this president. >> and angela, on that note, was it a threat to republicans? it was a veiled threat to congress altogether, republicans and democrats. but the president needs congress, because, jamie, congress has the power of the purse. and again, listen, president clinton did close to 400 executive orders.

president bush close to 300. president obama has done 168 executive orders. so i don't agree with paul ryan from the standpoint that we have a lawless president. however, dealing with the mandate of a law that's already passed. for the president to arbitrarily move these mandates and to give waivers to different parts of obamacare, that is a problem. >> christy, if the president goes ahead, and moves things forward on his agenda, without a visible ef forth of trying to work with congress, how do you think the american voting public will react? >> i actually think they'll understand. i mean at this point we've seen six years of the president, i think, continuously trying to reach out. it's as though he keeps throwing parties for republicans, and none of them show up. and he throws another party, and again they don't show up. and we've seen six years of this at this point. so i have to think that they would understand both the frustration of someone who's put in that position, and also, you know, they also have a desire for the president to get things

done, kind of however means -- however, you know, through whatever means necessary. >> any mens necessary, christy? >> not by any means necessary, of course not, right? but going this way as opposed to going exclusively through congress. >> but the american public -- >> and we're talking about, christy, and angela i'm going to ask you to respond, that they vote for their representatives, and the job is to go to washington and to discuss, and vote, and get these things done, and then all of a sudden, in a state of the union speech watched by millions around the world we hear that the president respects congress, and thanks them for some of the things they've done, but says, you know, if you're going to just sit there and not got it done and we know their approval rating is lower, as is the president's, we're going to take care of it myself. is that a risk for democrats, angela, worth taking? >> that is a risk for our country taking, jamie. that was a very arrogant statement of the president. it did not demonstrate leadership. it wasn't a type of statement

that's reaching across the aisle with open hands. president obama has reached across the aisle with closed fists. and the bottom line is this, it takes congress and the president to actually create legislation. we're tired of motivational speeches. we're tired of the partisan politics. and for both parties, jamie, they need to work together. and bret upton, chairman of the commerce committee yesterday, announced four areas where they are reaching out to work with the president. the ball is in his court. >> you know, christy, angela makes an interesting point to me, because i'm all about, you know, show me the money. how are you going to pay for it? because if you're going to propose something and it needs to be paid for, it's the taxpayers that i feel like as a media journalist, we need to be an advocate for, because they can't speak as loudly as we can. the things that the president will pass, how is he going to do it and get things funded if he doesn't make it work with congress? can he do more? >> right, look, clearly he can't

get everything passed through executive order. that's not feasible, and that's not in any way what he was proposing. but, there are issues in which, again, he can show congress the way. i think we saw this last year when he issued an executive order on the dreamers. and that was probably a prompt to get congress to work more together on the issue of immigration reform, which -- >> -- important one. >> before we go, angela, the one thing, there's immigration and then there's like iran sanctions, additional sanctions, which the president says i will veto anything that comes my way in terms of suggestions from congress. can you have it both ways? >> no, he can't. and that's going against democrats, as well. you had schumer that weighed in with corker from tennessee, a republican, on those sanctions. that they're not enough. so the bottom line is this, jamie, our forefathers put a plan together where the president can't act alone, and congress cannot act alone.

so it's time for them to work together. >> all right. that's good. i heard a lot of constitution being quoted this week. we should all keep that in mind, too, our founding fathers. thanks to both of you ladies. >> thank you, jamie. >> eric? >> can you believe it? america on its way to being energy independent. you know from the controversial keystone pipeline to continued fracking can they really shake off the mideast oil shakes? a member of the house energy and commerce committee, on kissing mideast oil good-bye. next. and with the big game just hours away, inside metlife stadium. >> eric, just about six hours exactly i'm here at the 25 yard line at metlife stadium. where in a matter of six hours we're going to find out who's going to be the 2014 super bowl champions. the broncos, or the seahawks. we'll bring you all the latest news from the field itself as well as give you an idea from

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all right you had to stay tuned because brian kilmeade told you you had to. super bowl xlviii is scheduled to kick off in six hours at metlife stadium. the two teams involved were the best in their respective conferences during the regular season. and what a season it was. when the final confetti falls, each hopes it will be the one hoisting that trophy. brian kilmeade sometimes i have a feeling you're going to get your hands on that trophy, too, today. >> my goal is not to get my hands on it, to get a guy with his hands on it who's actually won it. it will be right there about midfield. they're going to roll out the mobile stage and quickly hoister the winning team up. there's going to be

announcements. terry bradshaw will host it and fox will have what i think will be the highest rated super bowl of all time. the oddsmakers say the broncos are a two-point favorite. this is like flipping a coin. they did play once before, week two of the preseason and it was 40-10 in favor of the seahawks. does that matter? we're about to find out. now the big question is who is going to win this game. i thought last night at the nfl honors would be a great time to talk to the who's who of super bowl champions and find out who they thought was going to win and why. listen. >> it's going to be very close football game. two good defenses. offenses that could put points on the board. a lot of history is going to be made tomorrow. the legacy of peyton manning. russell wilson being this young quarterback that can get outside the pocket and really can hurt you downfield. >> the game has to stay close in the first quarter. i think that way seattle can maintain the momentum that they've had coming in to the season. if peyton manning comes out, 14

points go up early, seattle can start scratching their head. >> that will be interesting. i think the broncos are equipped to make a comeback but should seattle fall behind it's going to be tough. but it's not out of the question. here's the thing, whether is not a question. winter stadium, february in new york, the field is dry. they've been blowing it all day long with the tarp over it. if you saw the early fox and friends show you could see that it was just fluctuating throughout. they wanted the turf not to matter, the conditions not to matter, those who paid on average $2600 to watch this game they've got to feel good they will not be frozen to death. all those people in the suites might be able to walk out a little bit and feel the elements. it's going to be fun. it's going to be exciting. i'm very curious when it's all said and done if new york and new jersey ever get the big game again. despite frigid temperatures early in the week it's been pretty okay, especially when you consider what happened to the south this week when it cops to weather. that's the latest for metlife stadium. and in case you're keeping score, i'm at the 22 yard line.

i easily could score a touchdown but that's just not in the script and it's not in your rundown or else that would jog it in. >> and you're not a showoff kind of guy. >> oh, yes i am, you've met me, jamie. >> i remember what you did to that little boy with the basketball pass but people can go to you it tube for that one. listen, stay out of trouble, have a great, great time at the game and let's not mistake that head scratch joe theismann talked about, it could be a play. >> you're about to watch one of fox sport's finest talents walk through our shot. make it complete. there you go. they know football they don't know live television. >> i'm glad i stretched we had a klugs. >> go get them, guys. >> thanks, brian, have fun. >> here's something else, did you know that the united states is now the world's top gas and oil producer. according to the latest statistics from the u.s. department of energy and the international energy agency we

produce the equivalent of about 22 million barrels a day of oil, natural gas and fuel as of july of last year. russia produced just shy of that, 21.8 million barrels a day. something that president obama highlighted during his state of the union speech focusing on shifting our country from foreign oil, to american sources. >> i'll cut red tape to help states get those factories built and put folks to work, and this congress can help by putting people to work building fuelling stations that shift more cars and trucks from foreign oil to american natural gas. >> who is going to really tell the arab oil sheikhs bye. bye-bye. republican congressman tim murphy from the house energy committee joins us there pittsburgh, pennsylvania. congressman, your state is heavily involved in fracking. that's one source. do you see the day when we can actually be energy independent? >> i really think we can. you look at what's happened with natural gas. we're in the midst of marcellus shale here in pittsburgh. a huge boom going on.

and you look at basically what the cost has been to consumers of natural gas, it's come down in the last few years by half. that's a huge part. but really all of the above energy policy which the president talks about, and we hope he really means, really needs to involve a portfolio of oil, natural gas, clean coal, wind, solar and other renewables. if we're able to do that we will be a country that can, indeed, tell opec we're tiring of spending. we'll spend about $4 trillion overall the cost of the wars of afghanistan and iraq protecting oil fields out there. we no longer have to be at the mercy of opec dangling threats in front of us, using their money to fund terrorism and other issues around the world it will be a very, very important day to have american energy freedom. >> we're looking at video of keystone pipeline which has not been completely approved obviously and that's being discussed right now. you mention something very important, congressman, about opec, and about the result, the

geopolitical result of us getting off mainlining this mideast oil. what does it mean for our country and foreign affairs. the president is going to saudi arabia supposedly next month to meet with the rulers there. what will it mean when we're finally off mideast oil? >> what it means is they no longer can threaten us. it also means we can help our friends and allies around the world who may also be subject to opec's threats. the eu would love to have oil from the united states instead of being threatened by gazprom in russia and by opec. it's important that iran sells lots of oil to china. so be it. imagine if we could do more of the same. that's a lot of money from the united states. our trade deficit with poe tech in the last ten years tops a trillion dollars. when you look at what we have, as well, with our own oil off our coast, estimates are $3.7 trillion in today's money that are out there if we develop our own. that is a huge boom of america's

purchasing power around the world, as well, and that's where u.s. really raises from where it is now to a much better place in geopolitical issues. >> you're on the energy committee how does it still happen? there's a string of gas stations in your state, qwik-fill, united refining they proudly only sell crude from north american sources from the u.s., or from canada. they boast that. they put that in their advertising. they use no mideast oil. how did we finally get to a place where this in our lifetime in the next few years certainly could possibly is possible? it really is the american consumer and companies that have done that. i really can't think of policies that have come out of the white house. after all they still have the moratorium on drilling in atlantic, the gulf, the pacific and 96% of what has happened here has really been in private land not through policies the white house has put forward.

also look at what's happening with what's been uncovered we're exploring this i sent a letter to request records from the epa about them being in cahoots with environmental groups to block the keystone pipeline, to block coal fired power plants, which continues to put us in a precarious position. i want to make sure we are generating our own power, our own geothermal, own chemical, own expert out of american industries and that is what the american consumers like, too. one of the nice things about pulling up to a gas station that's north american oil, no soldier had to shed blood to protect those oil fields. that's really important to americans. >> that is a fantastic testament to be energy independent. congressman tim murphy from pennsylvania. >> have a great day, eric. enjoy the game. >> absolutely. thank you. >> why is it that eli manning came up in this lawsuit that was filed right on the eve of the super bowl about trying to pass off fake game gear as a real thing? well, they say they did nothing

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well, it is game day. and this happened right before. eli manning and the new york

giants are facing a different kind of fight this super bowl sunday. manning and his team are dealing with a lawsuit and it accuses them of creating bogus game-worn football gear and trying to pass it off as the real deal. now a lot of people would like to get their hands on the real stuff. the court documents saying that manning took part in this scheme so that he could hold onto his personal items, the real ones. but the quarterback and the giants are denying that they did anything wrong. a former federal prosecutor, doug burns also a former federal prosecutor criminal defense attorney. guys, welcome. >> thank you. >> thank you for having me. >> you know it raises the bigger question of, fake or real, and it seems like you can sue over anything you want, you just have to pay the filing fee. fred, is that the case here? bringing eli's name in to this whole mess? >> yeah, jamie, i think that's a lot of it. i've looked at this complaint and i think it's written more for television than for winning a lawsuit. i mean, there's a lot of stuff

in here, and the fact that he's even making these allegations against eli basically have nothing to do with actually the real lawsuit. what it's really all about is the fact that this guy got indicted out of chicago based upon testimony from people from the new york giants organization, ultimately his lawyer showed that some of that testimony may not have been accurate and so the charges were dropped. and i think this guy is just taking a shot right back at them. and for a guy who missed getting indicted and going to jail he's making a lot of noise. >> this is the guy that's actually the plaintiff in the case. >> correct. >> he has had legal trouble before. there is no direct evidence that we've seen, you've reviewed it, as well. what is your impression, dog? >> i think the case is most likely a little bit week. i mean, as a jets fan you can see from my tie on some subconscious level i wish that weren't the case. but joking aside, i mean, as fred said there's a back story. he was indicted. the thing was dismissed. his lawyer was saying that the giant witnesses weren't

truthful. don't know the full extent to which the government agreed with that. but i give him credit for playing correct and fair and i think it's, you know, payback, vendetta. he files it on the eve of the super bowl. >> correct. and we're talking about it. >> right. and we're talking about it. and he names eli manning which frankly, after 28 years i'm pretty good at guessing and i'm going to guess that eli didn't do much wrong and this guy has a pretty sordid track record. >> we'll leave that to the judge and the jury to say the least, because the case may go forward. but you know what, fred, i'm betting maybe it's the fact, as they appear, the whole thing could get tossed out before it ever reaches a jury. and fred if that happens, could manning and the team sue this guy for frivolous action? >> absolutely. they can go after him for abuse of process. i've actually done these cases in new jersey. i've done cases that has every count, new jersey rico, he's got prosecution of use of process, those are all going to get

thrown out as a matter of law. ultimately when he loses they can go after him. the other thing too is he actually has allegations that the giants stole his u.s. patent which is federal court jurisdiction by statute. so that's got absolutely no business being in this complaint. look, as doug was saying, as a philadelphia eagles fan excuse me for one second i can't believe that there's a market for giants memorabilia. but i guess there is. >> there is so much rivalry in this room night now i should perhaps duck between the two of you. so it's true, this guy who filed may actually, if the case goes away, have to pay all this money? >> yes, i mean, look, it's very possible. you know, as fred said, i mean you have exclusive federal jurisdiction that he includes in his complaint. the thing is 65 pages long. it's like war and peace for the media, as fred said. and some of the causes of action are really a stretch. >> i got to go, doug, i got ten seconds, though. fake merchandise out there. is actionable, correct? >> oh, yeah.

and by the way, it's a pretty sordid business. there is fake merchandise out there. >> guys enjoy the game -- >> what game? >> despite the fact that your heart isn't in. thanks for being with us. no wonder you were available. bye. >> exactly. >> wow. >> well you know, they'll be on during the game tonight. but you've probably already seen some of those leaked super bowl commercials already. >> nice acceleration. >> nice detonation. >> do you think these early previews help or hurt the advertisers who are shelling out big bucks during the game? i have the flu, i took medicine but i still have symptoms. [ sneeze ] [ male announcer ] truth is not all flu products treat all your symptoms. what? [ male announcer ] alkseltzer plus severe cold and flu speeds relief to these eight symptoms. [ breath of relief ] thanks. [ male announcer ] you're welcome. ready? go. [ male announcer ] you're welcome. [ mthat if you wear a partial,w you're almost twice as likely

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you know you don't have to wait for the big game to watch the super bowl commerciales. >> no. you've probably already seen a bunch of them. they get leaked online and some of them are in the news. but advertisers pay $4 million a pop. so were they getting their money's worth if they wait for the game or if it's leaked ahead of time? brenda buttner, anchor of bulls & bears has taken a look at some of the ads and some of the business implications. it could be good for a company to get a little preview, but we

wait until the game to see them. now we know -- >> well, some of us do. 78% of people watch the game not for the seahawks, not for the broncos, but for the ads. that was made by an ad agency, that survey. but a lot of us do wait. these are great ads and they're a lot of fun. >> do they win or lose if parts of it get out ahead of time? >> i think they have to win. let's take a look at the budweiser pony one which everybody goes aww when they see it. >> cluydesdales. >> yes. as of friday, there were 23 million youtube views. there are 181 people watching the game. that's a significant portion and really gives an extra bang for the buck. of course now we don't know if people even know what they're selling here. a lot of times you have to watch the ads a couple of times to know what the product is or if people are going to buy the products. but one interesting little note, if you're a drinker during the

super bowl, you are eight times more likely than those who don't drink to buy the products at the super bowl. so, you know, take that, budweiser. >> they must plan all year just -- they must have a super bowl segment in an advertising firm. >> absolutely. and now, because of social media, they are more roomes and a lot of people are hoping to be the oro of this year. last year, oro tweeted. they said you can still dunk in the dark. it was retweeted everywhere. they are hoping to get a play off a play in the game. >> that's what laborious. some people want to be an oscar meyer. i want to be an oro. if you wear your seahawks earrings, or your broncos earrings? >> seahawks. the underdogs. >> you see the signs all over the place, these companies even put their signage in the stadium, as well? >> yes, they do. can we talk about david beckham

for a second? >> i wish you would. i cast my vote. >> i don't know exactly what he's selling, but -- >> no, it doesn't. >> and that's without his underpants in this. >> oh, i thought it was just without his shirt. maybe i'm just -- >> no, you see, there he is. everybody is voting to see whether or not he takes off his underpants. what is he selling? >> who cares? >> should we watch that again? >> nice, brenda. nice. >> has to be dvds or something, you know, running around. >> of course. >> what if you guess what the company is? >> that's the thing. you have to watch it a couple of times. but you know what? you put ponies and budweiser and that's the -- >> believe in beckham. >> brenda, we're going to watch the game, the ads, and now we know how much money is spent on it. thanks so much for joining us. >> thank you. >> enjoy the game. enjoy the commercials. everybody, you enjoy the game and the commercials.

that does it for us. >> enjoy all the food, too. don't go overboard, all right? but there's always tomorrow. take care, everybody. we'll send you to washington now for a lot more news ahead. have a great day. [ male announcer ] research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. with 7 antioxidants to support cell health. one a day men's 50+. [ ding ] i sense you've overpacked, your stomach. try pepto to-go. it's pepto-bismol that fits in your pocket. relief can be yours, but your peanuts... are mine. [ squirrel ] it's pepto to-go.

welcome to washington. i'm shannon breen. this is america's news headquarters like from our nabl nation's capital. we begin with the president's pledge to go for the power play. some are calling it an abuse of power. the president is promising to make this a year of action, including a potential on end run around congress on any number of issues. >> america does not stand still and neither will i. so wherever and whenever i can take steps without legislation to expand opportunity for more american families, that's what i'm going to do. >> it is a message white