you're paying $1,000 for a phone, you have a track record. >> dana: i kind of understand it. thanks. thanks for joining us. see you on "the five" in a couple hours. meantime, i'm dana perino. here's shep. >> shepard: it's noon on the west coast. 3:00 as the white house. the president is getting ready to leave for his 2020 campaign rally in the important state of florida. he could have something to say about the dramatic change today at the top of the pentagon. reporting begins now. this one came out of nowhere. really didn't catch a lot of people by surprise. we begin with breaking news and the bomb shell report that has blown up the top spot at the pentagon. ensuring that if the united states goes longer without a full time confirmed secretary of defense. this as tension in the middle

east threatens to hit its tipping point. patrick shanahan took himself out of contention to leading the pentagon after a decade old violent domestic dispute with his then wife. it reports that the fbi had been investigating the incident as part of a routine background check for all cabinet members. that incident from the year 2010. ahead of what would have been his confirmation hearing. according to the paper, shanahan and his then wife, whose name is kimberly jordanson both told the police the other was to blame. jordanson said shanahan punched her in the stomach. he said he never laid a hand on her. he told police that she punched him 10 to 20 times. shanahan confirmed some of the information to "the washington post" and speaking about another incident from the year 2011. this one painfully involving his then teenage son. according to the reporting of the post, quoting police

reports, william shanahan beat his mother, kimberly jordan son with a baseball bat, fractured her skull and left her in a pool of blood. shanahan defended his son saying he acted in self-defense. now he tells the post he was wrong. that there is never any justification for an attack with a baseball bat. president says shanahan with drew from contention as defense secretary so he can devote more time to his family. all of this as the defense department deals with brand new tensions with iran. the fact remains, the united states of america has been without a secretary of defense confirmed by the senate for almost six months and counting. the longest such period in our nation's history. jennifer griffin reporting live this afternoon at the pentagon. jennifer? >> shepard, eyebrows were raised when it was announcing that acting secretary of defense

shanahan would not be with mike pompeo to tampa today. clearly the writing was on the wall that his nomination hit a road block. his hearing was supposed to be today. the fbi was looking into domestic violence allegations involving shanahan and his wife from decade ago raising serious questions about the fbi vetting him when the allegations went public in part of a messy divorce proceedings. shanahan said his son had battered his wife with a baseball bat. his resignation letter alludes to his children saying that a family situation from long ago is being dredged up and painted in an incomplete and misleading way in the course of this process. i believe my continuing in the confirmation process would force

my three children to relive a traumatic chapter in our family's life and reopened wounds that we worked years to heal. their safety and well-being is my highest priority. i would love to be secretary of defense but not at the expense of being a good father. according to the past, shanahan's wife required surgery because of the injuries. shanahan said there were other problems with mental health and addiction. he said bad things can happen to good families and this is a tragedy really. dredging up the episode publicly will ruin my son's life. shep? >> shepard: so now we'll have a new acting defense secretary. what can you tell us about him? >> today president trump tweeted that he had decided on a new nominee for defense secretary. mark esper, who is serving as army secretary overseeing 1.4 million soldiers and guardsmen.

he's a former raytheon executive and from the same west point class of 1986 as mike pompeo. he serves as senate majority leader, republican bill frist chief of staff and policy director for the house armed services committee. he served in the army for a decades including the first gulf war with the 101st airborne division. what is most most notable, that how the president relied on a large number of marine generals as national security advisers, jim mattis, joe dunford. now the defense secretary next chairman of the joint chiefs, mark millie and mike pompeo are all from the army. shanahan's last day is friday. shepard? >> shepard: thank you. now patrick shanahan was one that replaced jim mattis. remember, it was november of last year that jim mattis resigned. frankly the reason was a simple one. the president wanted to withdraw

troops from syria and afghanistan. jim mattis thought that was a terrible idea and he quit. so incame patrick shanahan. patrick shanahan with not a lot of experience in this sort of thing at all came in and said famously the pentagon will not be known as the department of no. he was largely in lock step with the white house, especially john bolton. mike pompeo, the secretary of state. there were complaints that john bolton would go and talk to his subordinate, going around the chain of command. let's talk about where we've been and where we're going in a very important department especially given the high tensions in the middle east. michael o'hanlon is here for analysis from the brookings institute. michael, thank you. >> shepard, good to see you. how do you feel about where the defense department has been for

the past six months without a confirmed defense secretary and where it seems to be going? >> first, i'd say it's regrettable we haven't had a confirmed defense secretary. this is not a good way to do business. second, we've been lucky. we've had general joseph dunford. he's in his fourth year. in his tenth year as a four-star general and one of the most admired people in any defense circle you'll be around. not that he can say for the lack of a permanent defense secretary. also, i think it's a tough day for mr. shanahan. let's give him his due. he's done well in the job as deputy. i feel for his family's story as i know we all do right now. so i'm not a fan of the trump administration in general, but i don't think the problem with leadership there is the number 1 liability for the country at this point. with general mackenzie, general dunford as chairman, general salva in his fourth year, other good people, we'll be okay. mark esper i've known for 20

years. a very solid guy. westpoint grad as you said in your story, former soldier. former capital hill staff tore senator frist. he knows the defense industry well because he worked for raytheon. he's been instrumental along with general millie and others coming up with the army vision the last 2 1/2 years, which holds together well. so very workman-like sort of guy. he's not going to be competing with mattis-like charisma for public name recognition and the like. i think he can do a solid job. meantime, we have dunford, mackenzie. so i have my concerns about this administration, but it's not so much about pentagon leadership. >> shepard: esper, 25 years in the army and the virginia national guard. he and pompeo got out of west point and knew each other back in the day. >> yeah. the close relationship, the one that i'm aware of, is between secretary esper and he is secretary of the army even

though he's not been confirmed as secretary of defense. esper and general millie, the army chief of staff. the nominee to become the new joint chairman replacing general dunford earlier this fall. those two have worked hand and glove on the army vision, the army budget, everything for the last 2 1/2 years. they have a common vision and get along well. that could be quite a useful relationship as the pentagon goes forward. >> shepard: michael, nobody wants to be sitting up here 30 years into this and reporting on a family horror. you know? your son and things that happened in your own home. it's not fun doing it. the reasons this is reporting is because this investigation dragged on for so long, the longest of any investigation like this in the history, this is a routine background check for any cabinet member. it's not something special. it's very routine. we could get no information.

the people could have no information about why in the world can you get the name for your guy up to the hill so we can begin confirmation process? what is the problem here? and then when all of this comes out, you know, you have to explain it. you wonder why in the world when they knew there are clearly problems almost six months into this, you can't even get a name to the hill. clearly there's problems. if they had dropped this before, none of this reporting would have happened. >> yeah. a very good point. this should not be the routine way we do business in this country. we have a secretary of defense position for a reason. it's a crucial part of the national decision-making structure. we have a lot of issues on the forefront. it's good luck that we have the quality of a general dunford as chairman but that's not compensation for the civilian leadership. it's not the way the pentagon or the white house should be run or do business. i support shanahan but not the process that has gotten us to

this day. >> shepard: thanks, michael. >> thank you. >> shepard: our best to all involved in that family situation with the shanahans. the bigger problem in the world right now has to do with iran. at the pentagon, the leadership is in limbo. you've heard it. it's not like the hugist crisis in the world. we'll guest through this. tensions rising with iran and the united states is very serious. we're a mistake away. imagine a big mistake. imagine a big mistake in the strait of hormuz and what could happen. the u.s. is sending more troops to the region. we know that. secretary state mike pompeo says the president does not want war. iran says we do not want war. all say we do not want war. yet the war drums are beating. we're moving in the direction of higher hostilities. a live report from the state department as our reporting continues this tuesday afternoon. if you're a veteran homeowner and need money for your family, call newday usa.

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>> shepard: iran now, mike pompeo is meeting with top defense officials at u.s. central command in the tampa area as the united states prepares to send additional troops to the middle east. the secretary of state says the president does not want war with iran. but he's calling for the united states to keep up the pressure campaign. >> it's been our mission since the beginning of this administration to convince the iranian regime not to move forward with their nuclear program and not to engage in the line of activities they've been engaged in. now we need to make sure that we continue to do that so we get the opportunity to convince iran that it's not in their best interest to behave in this way. >> shepard: tensions have been building a long time, going back to when the united states pulled out of the iran nuclear deal. they erupted when the united states blamed iran for attacks on a couple oil tankers. tehran denied responsibility and announced plans that they would violate plans of the nuclear

deal for leverage. pentagon officials said they're sending support troops, not combat troops. this image shows the air force jets arriving in the united arab emirates. the iranian president says he's country does not wage war with any nation. but tehran will stand up to american pressure. with that, rich edson is live with more. rich, to you. >> secretary of state mike pompeo says the u.s. strategy is trying to deter a war, not to start one. he was asked whether the united states is trying to communicate with iran, either directly or through other countries. the secretary says he's doing so publicly. >> we're engaged in -- we have been engaged in any messages. even this moment here. communicating to iran that we're there to deter aggression. the president doesn't want war. we will continue that message and doing the things to protect

american interests in the region. >> the secretary also noted that the president gave japanese prime minister shinzo abe a message for iran's leaders when abe was in tehran last week. iran's leaders rejected the message from the president. they said they don't want to negotiate with the united states where the president says that he's willing to wait whenever iran is ready. the administration is expanding its military presence again in the middle east and democrats call the president's strategy erratic. >> it seems when the president wakes up one morning, he says something and two days later, he says something else. one day he says he's going to obliterate them and the next day he says he wants to talk to them. >> the russians say the united states is trying to instigate a war. shep? >> shepard: thanks, rich. live at the state department. now let's go to jerry, the executive washington editor for the "wall street journal."

jerry, good to see you. >> good to see you. >> shepard: read with interest from your column yesterday. i thought it was laid out beautifully. the two sides are seeking leverage. the iranians are looking for sanctions relief and trying to get help from our allies essentially overseas and the united states is trying to get iran to do what the united states wants it to do and come back to the table. the question is, during this push for leverage, how great are the risks? >> well, look, you start with the idea, which i think you referred to, i don't think either side wants a war, a lot of down side to the u.s. and a lot of down side to the iranians if there's a military conflict. the question is, can you stumble into a war, can there be a miscalculation. it's not likely that countries go to war by mistake. it's happened though. it's a risky environment. things can spin out of control. we have saudi arabia, the united

arab emirates. the iranians have proxies around the region doing their fighting for them and have the ability to attack targets and start somebody that nobody intends to happen. the danger is miscalculation as each side tries to increase leverage. >> shepard: your conclusion is more of a question about whether president trump has what it takes diplomatically and otherwise to get this done. >> there's a really interesting question about what is the actual ultimate american goal here. there's a lot of confusion about that. is it to actually creeite -- create regime change, start diplomacy or is it to create a economic squeeze on iran that they can't afford to send aid to proxies around the region, the

end points for u.s. policy. for the iranians, it's clear. they're trying to create leverage. they want relief from sanctions that are biting hard. how do you get that relief? convince the chinese and japanese that their oil supplies are at risk and convince the europeans that the peace deal that they want is at risk. so the iranians are looking for economic relief. >> could they win that leverage war? are we in that position or is the jury out? >> the jury is out. i've been talking about that mow situation today. the u.s. has a lot of european companies don't want to go against the united states. they could pay a high price in terms of economics and financial relations. i don't think they want to do it readily but they don't like the situation. so they may look for ways to funnel relief to the iranians. >> shepard: the column is a good one.

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sometime after it left the bahamas. that is philadelphia. we'll follow up. now to phoenix where police released video that shows the shoplifting incident on which we reported yesterday that led to a standoff between a couple and their children and officers with guns. take a look. in the middle of the screen. it appears a little girl is holding a box. unclear in the adult says anything to her. eventually you can see on the right here the girl walks out of the store with the box. there they go. see? separately police claim this shot shows the father stealing underwear. see there? they say that shows the father stealing underwear, which they accused him of throwing out of his car window. he denies that he stole anything. family members say they didn't know the child had taken that doll in the first place. so when officers responded, clearly things escalated as the cops cursed and pointed their

guns and threaten to shoot. watch now. >> get out of the [bleep] car. get out now. stop toying with me. when i tell you to [bleep] do something, you do it. >> shoplifting. the major and the police chief in phoenix have apologized for the officer's actions. the major and the police chief apologized for that. the police claim that the shoplifting was no accident. an attorney for the family says the officer's barbaric actions are not justified even if what the police say is true, they shouldn't have done that. the wife says the whole thing was terrifying. the couple looking to sue the city for millions. bob bianchi is here, former prosecutor. looking at this, what are your first thoughts? >> i said this looks horrible. there's multiple different commands being shouted at the occupants in the vehicles. she's holding a baby.

she's saying i can't put my hands up. i have the baby. one officer is yelling to get out, one is quelling at her to get her happened up. using very salty and aggressive language. >> shepard: and pointing weapons. >> and pointing firearms at a car with kids. the next officer knows this must be bad, a serious safety concern. that's how i looked at it at first. but we need a full investigation. i have the police report. i don't know whether this is accurate or not. these officers are indicating that after the shoplifting, the individual fled in the vehicle, so flight will put the cops in a concern. >> shepard: changes things. >> when the car was stopped, the driver as well as the passenger were reaching towards the center console and that's why they were yelling put your hands up. i can tell you the number 1 way to be killed is in a motor vehicle related accident. after it was over and

deescalated, you have the citizens saying officer, calm down. relax. diffuse the situation. after they were in cuffs there was still aggressive and salty language and aggressive actions including trying to grab the mother who had the baby in her hands. very upset. that is something that was completely unacceptable. the officer's safety was not implicated at that point. >> shepard: we always say context matters. it does. what matters is all of the context. we know some of it. we know there was a doll that a child stole and now we know that they claim the father took some underwear, too. but we're now hearing about flight and there's more cameras and more investigation. you know, the police chief has apologized. the major has apologized for the actions. that says a lot right there. >> you know, i've been in this situation. i've handled police-related fatality shootings. i never get this. we talked about this a couple times. i'm the prosecutor.

i'm the one making the comments about the actions and the investigation. you don't know all the data or information yet. when i'm done and i lock down and button down the facts, we'll come forward. if the cops did something wrong, action will be taken. we don't have enough data yet. >> shepard: nobody is hurt. we can wait for an investigation. >> thank god. >> shepard: thanks, bob. >> thank you. >> shepard: imagine you're -- if the person you trusted to care for a loved one tried to poison that loved one instead. this woman says it happened. that story is coming up. plus, the fight to help 9-11 first responders and their families has moved to last night television. mitch mcconnell said he said he didn't know what got job stewart all worked up. jon stewart has responded now. i think mitch mcconnell knows now. both sides coming up. my experience with usaa has been excellent.

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>> shepard: it's the bottom of the hour. top of the news headlines. day one for a trial of a navy seal accused of murdering an isis prisoner. he says he's been framed. another mysterious death in the dominican republic. we're learning what the man told his friend before turning up dead in his hotel room. cigarettes can kill. some more quickly than others. how cops say a caregiver's plan to poison senior citizens went up in smoke? breaking news, president trump set to leave the white house minutes from now. the president headed to orlando to, well, sort of symbolically kickoff his 2020 campaign. the president won the swing state of florida in 2016 as you no doubt remember and it will be a key battleground this time around as it always is, specifically that region in the center of the state. the analysts call it the crucial

i-4 corridor representing tampa, up through orlando and over to the east coast. changing demographics have made that area an even more important swing region that gets a lot of attentions from the candidates. one of the major paper there, the orlando sentinel, has already announced it will not endorse president trump for a second term. it endorsed both bushes and clinton as well. an editorial published today reads in part, after 2 1/2 years, we've seen enough. enough of the chaos, the division, the school yard insults, the corruption and especially the lies. president trump won the region in 2016 and will begin to see tonight how he plans to keep it. we're also watching to see what he says about immigration. last night he tweeted that immigration agents will start

rounding up millions without documents. kristin fisher is reporting live in orlando. let's begin with immigration. >> yeah, shep. just want to apologize for the loud music here. that is quite typical at the president's rallies. it's been going on for quite some time. for immigration, the focus of the raid would be on the roughly one million people that have already been issued final deportation orders from federal judges and still at large in the united states. that would be at least the initial target according to an administration official. the president made the announcement as he does on twitter last night. he said next week i will begin the process of removing millions of illegal aliens that found their way to the united states. ice officials are not aware that the president was going to make this plan public. if it happens, it would be a massive operations and require hundreds and thousands of ice agents and law enforcement. democrats don't like it.

they're calling it inhumane and questioning that if it's possible to pull off. >> two of the highest ranking officials within ncis and homeland security have said it's impossible to do. they're not prepared to do it. one day he says one thing, one day he says the next. makes the crisis worse, not better. >> the timing of this announcement, likely not a coincidence. immigration was the number 1 issue when president trump kicked off his campaign in 2016. it's looking to be the same issue. immigration. number 1 as president trump kicks off his 2020 campaign here tonight, shep. >> shepard: kristin fisher at the amway center in orlando. andrew cuomo has signed a bill that allows undocumented immigrants to get driver's licenses. it's already happening in the direct of columbia.

supporters says it includes public safety and boosts the economy. critics argue it unfairly rewards people in the country without documents. the first licenses in new york will be available starting in december. the german chancellor angela merkel says she's okay after cameras caught her shaking during a ceremony. the chancellor was meeting with the new ukrainian president. it was about 80 degrees or so fahrenheit. she later side it was clear that she did not have enough water but that she since had about three glasses. feels just fine. jon stewart responding as only jon stewart condition to mitch mcconnell who said he didn't know why jon stewart got bent out of shape over the 9-11 victims compensation fund. >> i'm not bent out of shape. these are the first heros and

veterans of the great trillions of dollars war on terror. they're still suffering and die and in terrible shape. you think that that would be enough to get congress's attention. apparently it's not. >> shepard: they'll get it done, mitch mcconnell says. jon stewart has been an advocate for sick and dying heros for years now. now he's lobbying congress to extend the fund through the year 2090 so the victims don't have to keep coming before congress over and over again sometimes near death to beg for money. jon stewart says mitch mcconnell has played politics with the fund in the past. rick leventhal with context. hi, rick. >> shep, the fund is running out of cash. the first responders that are eligible for assistance are getting 30 to 50% of the assistance they should be. if the bill is not extended, the administrators is a i it will run dry. that's why jon stewart went to

capitol hill and delivering the message and making the refunding of the program quick and hassle-free. stewart called out mitch mcconnell who he said delayed passage of the first bill. >> he's held out to the last minute and only under intense lobbying and public shaming has he daned to move on it. >> so yesterday morning, senator mcconnell was asked about this on "fox and friends." >> well, many things that congress have at -- we have never failed to address this issue. we will address it again. i don't know why he's all bent out of shape. we will take care of the 9-11 victims compensation fund. >> stewart doesn't seem convinced. >> they haven't so far. they ran out of money. it's not as if they did anything wrong. they walked into the building and some of them are dying as a result. where does this stand now? >> the bill to extend the

funding is expected to pass in the house. it's still in the house. then goes to the senate. that is why jon stewart is nervous because of the reasons you mentioned and why he's lobbying so hard to get the insurance that these ailing heros need the rest of their lives. >> we've spent a year compiling bipartisan co-sponsors and advocates for this bill in the hopes that when it gets to the great mitch mcconnell's desk, you won't jack us around like you've done in the past. so if you want to know why the 9-11 community is bent out of shape over these past let's call it 18 years, meet with them tomorrow. >> the last bill was passed with a five-year cap. >> shepard: a five-year cap. why a cap? like there's a cap on whether they will stop dying. >> there was a cap on years and on money. they capped it at 7.2 billion whatever it was. that money is fast running out, this bill will call for a

lifetime of benefits for as long as anyone lives that was down there that day and exposed to those toxins and the days and weeks to follow. >> most americans are for that. >> makes sense. not a new york problem. an america thing. right? that's what the congress thinks. >> i would agree. >> shepard: an attack on the country. >> it was. >> shepard: no doubt. thank you. >> you're welcome. >> shepard: a navy seal accused of murdering a teenage islamic state prisoner and firing at iraqi civilians. the trial now underway in california. jonathan hunt is cuevas -- covering it live in san diego. jonathan? >> there's no bond between of a single u.s. navy seal team. members of seal team 7 start fighting each other, this battleground, the courtroom behind me. chief petty officer edward

gallagher arrived with his wife by his side. he's accused of murdering a wounded isis fighter while leading seal team 7 in iraq in 2017. the prosecution says the killing was unnecessary and premeditated. they say that when that wounded fighter was brought to chief petty officer gallagher, he said and they are quoting here, the quote is, no one touch him, he's mine. the defend team says none of that is true. they say the junior members of the seal team 7 did not like gallagher's hard-charging leadership. he called them apparently cowards and other derogatory terms. the defense lead lawyer summed up the case saying "this case is not about a murder. it's about a mutiny.

he didn't murder anyone." gallagher will be tried by a jury of seven, all male, two officers, five enlisted men. if he's found guilty, they would have to have a vote of five of those in the affirmative. if he's convicted, he faces life in prison but with the possibility of parole. so on trial here, the entire seal community in a sense, both sides say this is a devastating case when you put one navy seal against another. also raises the question, shep, of course of how far is too far for battlefield behavior among those we train to fight and kill on our behalf. shep? >> shepard: thanks, jonathan. we've gotten word of another american tourist dying in a hotel room in the dominican republic. that's nine now. what we're learning head. of you o many

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>> shepard: in the dominican republic, officials have identified the man that they said hired hitmen to murder david ortiz, the former baseball star. they say the suspect is still on the loose. this as a judge ordered another suspect to spend a year in preventive prison as the case

continues. preventative prison. he's accused of being the liaison between the alleged hitman and the mastermind. police did not see if the pictures show david ortiz. still no word on a motive. big papi's wife said doctors ungraded his condition to good. another american died while vacationing in the dominican republic. that makes nine american tour almost six monthses dead in the d.c. this one the most recent at a resort. his name is joseph allen. he's from new jersey. his sister reportedly said somebody found him dead on the floor of his hotel room. bryan llenas with the details here. brian? >> joseph allen's family says he

had a physical before going on vacation in the dominican republic. he was in quote "very good shape." joseph told his friends he was feeling feverish and took a cold shower. the next morning he was found lying dead. his brother said "my family and are afraid that my brother was the victim of a wrongful death. it's our wish to have his body to have an autopsy here in the u.s." there's been nine deaths at resorts throughout the dominican republic over the last year. the d.r. has listed the causes of death for most cases as heart attacks or pulmonary edema. the families are not so sure. will cox, whose mother died in

punta cana, has said it's been a night ordinary. he's waiting for a sample of his mother's blood for tokcology tests. the fbi results for three of the victims are expected in three weeks. shep? >> shepard: bryan llenas, thank you. a care givener central pennsylvania is accused of killing a couple by lacing their cigarettes with rat poison. investigators say tina young admitted that she tried to poison their couple at their home. after the wife found out she tried to steal money from them. the cops say the caregiver is in their will. her family told the local station they don't think she did it. would you take a flight without a pilot? one company reports it has the

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>> shepard: breaking news now. just in to fox news, there's an incident at the airport in phoenix. sounds serious. somebody tried to rush through the security checkpoint at terminal 4. this is according to authorities. this individual attacked multiple tsa officers. happened at 9:45 a.m. local time. so phoenix this time of the year is in the mountain time zone. always confusing. let's just say 9:45 local time. the officers with the fee next police department assigned to the airport, according to authorities, immediately intervened and subdued the individual who was subsequently

arrested. this unprovoked and brazen physical attack against our work force is unacceptable. we're grateful for our committed work force and the role they play in protecting the public. it goes on we honor the safe and health of our officers and so on. so we don't know what the conditions of the officers or more on the attack. the investigation is going on. we don't know what the attacker had in mind at sky harbor in phoenix. this is still developing. you can count on coverage throughout the rest of the afternoon. we expect to have a live report. if that happens in the next news hour, neil cavuto will have it for you. speaking of neil cavuto and the best in business news, look at the business news today. the dow is soaring. 26 of the dow 30 are in the

green this afternoon. all arrows are up on the big board. all three of the major indices. the hope is for a rate cut from the fed and pdq. "your world" starts now. . >> neil: thank you, shepard. you're looking at live in joint base andrews where the president will depart for an election rally in orlando. in orlando where the people are gathering, many have been lining up for days. welcome, everybody. the race is on. i'm neil cavuto. in a moment, we'll talk to karl rove about how the president is doing in key battleground states, including state of florida and kentucky republican rand paul on what he thinks of the military's plan to send another 1,000 troops to the middle east. first, kevin corke and how the president is preparing nor the big rally. kristin fishner orlando and what supporters are going to hear