our slogan comes from sharon jordan. she says good, rich coffee and "fox & friends," what a good way to start the morning. absolutely is. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- gretchen: good morning, everyone. shanks for sharing your time. steve is back from vacation. good to see you. brian is now taking a few days off. peter johnson jr. is here. good to have you as well. steve: wonderful vacation in turn bury, florida. played a lot of tennis. speaking of tennis, it's going to be game, match, point this week will l. sonia sotomayor make it? we will talk about that shortly. here is that thing that really grabbed headlines over the weekend. that is this. was there a a special program that vice president dick cheney told cia don't tell congress about this. if that's true, perhaps that could reinforce what nancy pelosi said not too long ago well, yeah, the cia lie to us all the time.

gretchen: very interesting developments over the weekend. because it all surfaced when leon pa net tax of course, the direct of the cia said in may one thing and changed his story in june. i guess it got a little bit of a bigger look. other big thing is this gang of eight. members of congress who are privy to the details of the briefings from the cia. some people are now arguing that more members of congress should be privy to that information. we're going to debate that as well coming up. peter: now reports that attorney general eric holder is going to name a criminal prosecutor, a special prosecutor to determine what happened. there is at least one report and a report in the "wall street journal" today that says perhaps there was a plan during the bush administration to target and kill al qaeda operatives. and perhaps that was legal. perhaps it wasn't. that's going to be examined. steve: exactly right. so it would fly in the face, however, if the attorney general did look into this because barack obama has made it very clear, i want to look forward, i don't want to look backwards.

he has a bunch of people on his side of the bench come on, let's go after these guys. patrick leahy, the senate there, he was on the television yesterday talking about just this topic. >> nobody in this country is above the law. if you don't like what the law says, then get law changed but you can't have, if you are a vice president, you have to obey the law. but if you are the soldier out there in the field or if you are civilian, you better obey the law. you can't do that. democracy can't do that. gretchen: this will be a very interesting debated this week. back to eric holder. there is an interesting article in "newsweek" how is he personally battling whether or not he should, in fact, order a prosecutor to investigate this because he knows that his boss, the president, obama, has said he doesn't want to do. this he wants to serve the president and serve in his role

as attorney general. it's very interesting to see what he decides. peter: there is a lot of people saying are we going to criticize political conduct. after #-bg 1, the entire country was unified in targeting al qaeda and killing al qaeda operatives. and killing osama bin laden. and so does that political determination in 2009 become a criminal act? steve: in fact, peter johnson, since you are a lawyer, let me pick your brain for a second here. if the president and the vice president acting in the country's best interest, could cheney possibly be prosecuted today for what he did back then? >> well, the idea here is if a personal prosecutor were to be impaneled and appointed, that, in fact, would be the notion. look at the conduct of the vice president. if, in fact, the vice president was involved here. but according to one report, at least, what was talked about was a six month plan that really went nowhere. where they were considering

mimicking what israel did after the munich olympic massacre targeting people who had killed thousands of americans. the reports are that it went nowhere. it was something that was considered. is everything that's considered by the cia, must that be reported to the so-called gang of 8 that you are talking about? that becomes the question here that's going to be discussed. gretchen: i thought the accusation was the former vice president had withheld information or asked the cia to withhold information from the gang of 8, from hebs of congress which would, in some case, be more serious accusation. what else i find interesting is that he is the one, vice president, remember? he is the one that has come so forward with the cia in defending them when nancy pelosi basically dissed them. >> all we have are shadowy sources at this point. the question is, if there is a plan, and it's in a infant stage, if it's just getting reported, does it have to be

reported to congress. does every considered plan or plot that the cia is engaging in, does that have to be brought forward to congress? that's not seattled issue. steve: it's not settled as well whether or not there will be a special prosecutor. peter: if not. steve: or if eric holder will be chewing over that the next couple of weeks. of course any does go after him they will be talking about a truth commission and stuff like that. going to make a really crazy summer. gretchen: no kidding. let's get to the rest of your monday headlines if you are just waking up. judge sonia sotomayor will be on capitol hill today for the stop of her confirmation hearings. it's expected to be a grilling. the supreme court nominee expected to face some tough questions from the senate over her past rulings on discrimination cases and gun rights. while democrats have a solid majority on the senate judiciary committee, the republicans promise the process will not be a free ride. if she does make it through she will become the third woman and

first hispanic on the supreme court. south korea reporting that north korean leader kim jong il has life threatening pancreatic cancer now. in a rare public appearance a few days ago he looked gaunt and had lost quite a bit of hair. he was reported diagnosed about a year ago around the same time it's believed that he had a stroke. the leader's health has been one of the most closely guard secrets in north korea. as congress turns its attention to the supreme court hearings, some lawmakers worry they won't meet the white house deadline for health care reform. >> there is no chance that it's going to be done by august. president obama was right about one thing. he said if it's not done quickly it won't be done at all. why did he say that? because the longer it hangs out there the more people are skeptical. gretchen: five separate committees were supposed to be hashing out the details. the white house insists the deadline can and will be met. people in florida murder of a

couple 16 children. 12 of them adopted. two of three men aarrested are father and son. the father is accused of trying to paint over the van seen on this surveillance video at the home where they were shot to death. the case is complex and involves multiple motives. more arrests are expected. shocking allegations in michael jackson's death. his sister is claiming the king of pop was murdered. la toya jackson believes he was killed in a conspiracy by his own entourage. in an interview with british papers. la toya says jackson's inner circle plotted against him because he was worth a lot of money. custody hearings set for jackson's three children next week. there are reports debbie rowe and grandmother catherine have struck a secret deal. she will stay out of the life picture as long as joe jackson

stays out of the picture. there are reports he wants to turn the children into the jackson three. gretchen: survivor producers have invited hatch to participate in the 10th anniversary season on the south pacific island of issamoa. asking for permission to leave the country and cut short the 90 days of his sentence. the federal prosecutors oppose letting him leave the country until he pays off $400,000. he still owes that? back taxes in penalties. it's difficult for him to earn a living when he is in prison. steve: generally. you have got to pay back that money. hard to believe first of all it was 10 years ago. he was famous as that naked guy on survivor. peter: prison is the ultimate survivor contest. steve: let's talk a little bit about. this a lot of people do the twitter thing. it's one of those social network things. if you follow somebody like if you follow ashton kutcher, you will know exactly what he is doing all the time or if you are

following "fox & friends," you know what we're talking about as we do the chit, chatting, and chewing in the morning. now it turns out you with turn to twitter to follow stores. it's not just to find out the location of the stores. it's to find out when they have got deals. apparently there are a bunch of them. the best bargains now who would have thunk could find it on twitter. if you go to your favorite store site on twitter. if do you a search for what you want to buy you will see your store and other stores and bargains out there like air deals and air fares. peter: i think that's great for the economy too. turn us into shopaholics. emails with center rental car row providers. steve: i still rent from that company. peter: get a car for $6 today in pensacola you have got to be in pensacola to use it. go to the find people tool on twitter.com. then you can see what stores or what values there are.

steve: if you want to do an airline, some of these airlines you hear about places 20 bucks to fly to akron if you act now. you have got to act right now. by the time they put it in the newspaper it would be gone. twitter, because it's also immediate. peter: really wonderful. gretchen: i'm trying to get on twitter right now. the computer is having a bit of a monday morning problem. if you would like to twitter us, do so and i will see it in a second. steve: i was turning on twitter and i looked -- i have been out of town for a week. who reset my screen safer to this man? who is this man and why is he on my computer? gretchen: i like his tie. steve: who is he? he has peter johnson jr.'s tie on. peter: i want it back. gretchen: is he in television? steve: somebody just whispered in my ear who it might be. i will tell you later. funny joke. how did they hack into my

account? kilmeade, where are you? gretchen: far, far away. coming up on the show, a convicted drug user dead after a traffic stop turns violent. can the officer be held responsible? we take up the debate. peter: sarah palin may have stepped down as governor of alaska. that doesn't mean she is stepping out of politics all together. word now she may even stump for democrats? ♪ if you're like a lot of people,

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this is a history of over 50,000 crash-tested cars... this is the world record for longevity and endurance. and one of the most technologically advanced automobiles on the planet. this is the 9th generation e-class. this is mercedes-benz. peter: 14 minutes after the hour. here is what is happening. terrifying moments for the ambassador to iraq when a roadside bombs just misses his convoy. ambassador christopher hill was not hurt in the explosion the

attack comes less than two weeks after most u.s. troops pulled out of iraqi cities. and you are looking live at the shuttle endeavour on its launch pad. after nasa scrupsd its launch because of thunderstorms, nasa will again try tonight at 6:51 p.m. eastern time. but bad weather is once again in the forecast. it will be nasa's fifth attempt to send astronauts to the international space station. steve: thanks, peter. gretchen: currently eight members of congress four from the house and four from the senate are briefed on cia classified information. this group is known as the gang of eight. some lawmakers though believe that this number should be increased. steve: to what? 16? 40? something like that? is that auto a good idea to bring more people into the mix or could it jeopardize national security? former cia operative and he wrote a book called keys to the kingdom wane simmons joins us

live from d.c. good morning, wayne. >> good morning steve and gretchen. steve: i worked in washington a long time. i know any time you tell frequently well-intentioned members of congress secrets, sometimes they just start blabbing. is it a good idea to expand the gang of eight as democrats want into a much larger circle of secret-knowers? >> if i had my way, steve, i would reduce it to the gang of two. i mean, unfortunately, unfortunately most -- well i won't say most but many, many members of congress have a very bad habit of running their mouths. they don't understand the importance of top secret national security. they don't understand the importance of intelligence. and we have men like we have senators like patrick leahy for crying out loud he was removed from the intelligence committee in 1987 because he was doing nothing but leaking intelligence. we have got alcee hastings on

there who is an impeached federal judge. we have sandy berger who was convicted of copying documents. top secret documents. so we can control eight people, we can kind of understand and control where that intelligence goes. the thought of adding more to that is just a night mare. gretchen: eric holder may appoint a prosecutor to look into what the cia and bush administration were doing with regard to torture in the last eight years. your thoughts on that especially since dick cheney really put himself out there in the last couple of months going head to head with barack obama and some says won a lot of those arguments. >> look, vice president dick cheney is one of the most honorable men on the planet. for anyone to think that vice president dick cheney would do anything illegal is nothing more than political grandstanding. now, if there is a program that the house and senate need to know about, there are protocols

that will allow that to happen the cia will brief them on exactly what it is they need to know. but the vice president would never nor will he ever put himself in a position to do anything illegal. that is just, again, political grand standing. steve: wayne, you know people at the cia, have you even heard before this blockbuster report came out that dick cheney had told people at the cia ook we have got the secret operation going, don't tell anybody in congress. have you ever heard anybody say that? >> no. that's not the way it works. it's not the way it works. where this stuff comes from. reporters start all this. leaks continue to come out to unfortunately they have taken our intelligence, which is the most important thing to the security of our nation and politicized it meaning the democrats at this juncture. you just don't do that we don't do that ther highly skilled and highly trained intelligence

individuals and professional. we don't do that we don't hide those kind of things. gretchen: wayne simmons always great to get your inner knowledge of the cia and workings. thanks for joining us this morning. steve: use television cameras to record every single license plate of every sing goal car coming into one town. where it's happening and why. gretchen: do it yourself car repairs? the ones you should do at home and the ones that will end up costing you a lot more in the long run if you try them. we're outside coming up.

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gretchen: check out the foxnation.com right now. here are the top three stories. you can also shop there.

there we have it holder leaning towards prosecuting bush crimes. number one stories right now. the economic stimulus has worked as intended. really? some people are asking that as talk of a second stimulus plan is brewing. then the third story, dancing with the czars. check out this video. i think it was from the mike huckabee show over the weekend. all there on fox news.com. peter: confirmation hearings are going to begin this morning for judge sonia sotomayor. she is expected to face tough questions. steve: hearings kick off today with statements you will see it here on the fox news channel. some of the things, "time" magazine on online thing they already have how the republicans plan their attack. you know, i don't know why they framed it that way, oh, it's "time" magazine. everyone wants to know whether

or not this is a fair person. one of the first things that's going to come up is that remark she made a number of times regarding the wise la tina. she would hope a wise latina would make a better decision than a white male. judge: i'm sure she wishes she had said it differently. a wise latino would bring different experiences to the court than a white male. ruth bader ginsburg said i'm different, i'm a woman, i'm jewish. i was worn in brooklyn. i brought some different experiences and idea tots court. not better ones but different ones. i'm sure she has an answer to that but i think. steve: she said it several times. >> she said it five times. now, if you read her opinions. and i read many of her opinions for the documentary we ran last night. they are dividedly liberal. buy think you will agree, peter, within the mainstream of american legal thinking. it is her staples to law students and lawyers and judges and advocacy groups off the

bench where she pushes the -- peter: i think her opinions are in the mainstream. here is the question. if her opinions are in the mainstream, why are some people getting upset about her? she has been a prosecutor. she has been a commercial litigator. she has been a district court judge. she has been an appellate court judge at the federal level. is somehow she going to change her stripes when she gets to the supreme court? is that the fear? judge: i think the fear the wise latina stuff, the speeches she has pushed the envelope, those attitudes will start to seep into her opinions once she gets on the supreme court from which there effectively is no appeal. on the circuit court of appeals, she really has to follow what the supreme court says the law is if she is on the supreme court, there is effective live no appeal from that. and the attitude that i'm different, i'm here because i'm a member of a group can sort of seep its way into the

jurisprudence. peter: are haven't certain members gone to the supreme court because they were part of a group. >> certain people have gone to the supreme court with the idea i am here to represent a certain point of view. certain people have gone to the supreme court and terribly disappointed in the president who nominated them. peter: if you could vote today would you have voted her? >> i wouldn't have nominated her. peter: would you vote for her as a senator? >> if you could vote against somebody on ideology i would vote against her on many, many things. vote against her on the vote of confidence and give the president his due, then she should be confirmed. steve: it's a math problem. the democrats have 60 votes. it's already a done deal. it what the republicans want to accomplish. they want to accomplish making the country aware of the fact that when you elect a liberal democrat as president, you get a judicial nominee with these

strange ideas. like, if you take a test, and you pass the test and you are supposed to get promoted, well, you won't get promoted because not enough people from another race passed the test. a lot of americans will reject that attitude which she embraced. >> that is not mainstream. >> it's not mainstream. if they can show odd attitudes like that liberal we know he is and the american people might not be willing to accept. steve: ladies and gentlemen, the judicial genius. >> listen to you. welcome back from your vacation. have a good days, guys. peter: seesee ya. steve: goldman sachs just paid back billions. they will have profit tomorrow. how much will the company share with employees. wait until you hear bonuses. >> they can lay down our lives for our country but they can't light up a single secret?

word of a possible smoking ban in the military. we report. you decide. steve: you can't smoke them if you have got them. orangutan uses a rope to swing out of the cage and into a group of zoo visitors. peter: happy birthday to harrison ford. the indiana jones star turns 67 today? oh my goodness. what's in a triscuit?

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gretchen: talk about too close for comfort. this jet buzz ago high rise is your shot of the morning. the spectacular flyover was staged as part of this summer's hydroplane races in detroit. the event takes place every year. i wonder if they told the residents who live there unlike in new york a few months ago. steve: you would think so since someone had a camera to snap the pictures. they probably want to publicize it. it did look photo shopped though. brian is off today. is he going to take a week off. peter johnson is with us today on this monday. she is charged with delivering the fatal knockoffout.

police have arrested the wife of arturo gatt at this. his 23-year-old former stripper dancer wife amanda rodriguez strangled him with a strap from her purse. his lifeless body found in a posh apartment in brazil. the couple apparently was there on vacation to celebrate a second honeymoon after rekindling relationship. she denies any wrongdoing. she says she didn't kill her husband. gretchen? gretchen: goldman sachs, the will report profits of $2 billion this week. money made between march and june. good quarter. also expected to set aside 18 billion in compensation and benefits this year to 28,000 employees, about 600,000 per person. rivals are still trying to figure out how the bank turned around so quickly after repaying the government handout.

peter: republicans in congress are lining up to oppose a second stimulus package. they called the first one a flop and say makes no sense to make the same mistake twice. >> we have lost millions and millions of jobs. 3 million jobs almost over the course of the seven months of this year. so obviously we shouldn't be thinking about spending more in the same way to try to reverse this job loss. you have got to get smart about this. >> while some democrats are calling for second package. president obama says it's too early to tell if that's needed. is he urging americans to give the first one time to work. steve: meanwhile, health experts at the pentagon are now urging the defense secretary to ban smoking for soldiers. studies show veterans who saw combat are 50% more likely to use tobacco than veterans who did not use combat. as more soldiers light up, costs group, too. probably because the highest cost of health care. gretchen: us after strallian zoo is reviewing security measures

after major monkey business. a 15-year-old orangutan useed a rope surrounding her exhibit. she climbed out of her enclosure and into a crowd of onlookers. only a minute to get the or rack tang back behind the fence. no visitors to the zoo were ever in any danger. i call that a lucky call or a lucky whatever. what do you call that lawyer? peter: absolutely. that's very lucky. here is a lucky movie this weekend. and he is blond and in your face and is he not an orangutan. this weekend bruno raked in the big bucks at the box office. the newest sasha baron connie raked in $30 billion this weekend. not clear if it has any staying power. bruno's box office dropped significantly from friday to sunday. cohen's last movie was the hugely successful borat. steve: i understand you did go for research purposes to this

movie. peter: did i go see the movie. can i see why the box office fell out from friday to sunday. gretchen: it wasn't as good as borat? peter: word of mouth wasn't one of its selling points. gretchen: howthe proposal how mh i liked that movie with sandra bullock up in alaska. beautiful scenery up in there speaking of alaska, sarah palin you know she couple weeks ago before the fourth of july holiday she was going to be stepping down as governor of alaska. guess what? it's getting more clear that she is not getting out of politics. over the weekend she gave another startling interview saying that she may in fact stump for conservative democrats. so far though, no takers on that side of the fence come out and stumping for her. i think this is a very interesting move. she is saying look, i'm going to go out and campaign for people who believe in things i believe. in it's not going to be a partisan effort. it's this is part of her appeal, thismt.

steve: people came up to me and said too bad sarah palin is dropping out of the job as governor of alaska. we love her. we don't like what people have said about her. we don't like the way people have gone after her family. we love her. this is supported by a gallup poll which came out and showed last week that came out and showed that 71% of republican americans would vote for sarah palin if she runs for president in 22012. peter: plenty of conservative democrats depending on the district would be happy to have her campaign in the districts. steve: think about the publicity that that democrat that invites her up could get. not only are democrats going to vote for me but i have the support of some republicans, too. peter: problem in the republican party though in the general election. gretchen: the minute i heard this and it's funny you mentioned that the minute i heard that i thought she is going to run as an independent. peter: she is mavericky.

gretchen: synonym for independent. steve: john mccain wouldn't criticize he didn't think she quit she looked out for priorities. reportedly she is making $6 million on this book advance and by the way if you are keeping track, two more ethics violations were filed against the governor of alaska in the last week. because they apparently have some sort of a loophole state there as many states do very easy to file the violations and very costly to fight them. >> i is k. see her jumping out at this point. she is not there to be picked on. obviously she wants to provide service to this country. she has become piñata for a lot of nasty people. steve: she is still very, very popular. >> extremely popular. steve: let's talk about california, a town out in the san francisco bay area that's

called tyburon, california. two streets, it's a peninsula in and out. so the city is thinking whether or not they should install license plate readers. kind of feels like big brother. what it would do is zero in on all the plates to see if the guy driving that car is in trouble. gretchen: or if they are from that town or not. apparently in all of 2000 and 2008, this town, recorded 196 thoughts, 37 burglaries and a dozen stolen cars. all of the alleged thieves were not from this town. and so the town council got together well, if we would know all people coming into our town we could identify them by their license plate wield be able to solve crime quicker. peter: that's the trend mostly in urban centers in the united states. they are looking at that and implementing it in new york these license plate scanners and readers.

but this town has 800 people. it's not something that you would anticipate. something may be coming to your community, license plate readers. gretchen: i don't have a problem with this particular thick because i think it adds to the safety of the community. a lot of people are l. say this is government getting involved and too costly. it's only, i hate to say $100,000 for this program. think about the way government wastes our money and if this would keep us safer. peter: easy pass bothers me on some days. i just don't -- i don't love it i guess they think they have a need for it. steve: so what if you don't live in that town and you drive through the town, why should you be on the cop's radar? gretchen: if you are doing nothing wrong it, doesn't matter. steve: why suddenly would you be on the radar? this is on the peninsula in san francisco bay. a lot of people go out there to take wow, this is pretty. why is this police officer behind me? peter: what's the next step we're going to charge you for coming into that town?

steve: 19 minutes before the top of the hour on monday. convicted drug user dies after this dramatic struggle with the police officer. was the police officer doing his job or did his actions cross the line? our legal team of experts take up the case next. peter: gaffetastic joe biden is at it again. apologizing for not going to the world series. wait until you hear who he is blaming now. steve: i love that guy.

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steve: today, just across the street from the supreme court sonia sotomayor confirmation trial begins in the central

hearing room. what can we expect to happen? joining us now from washington is fox news malini wilks. good morning, malini. >> good morning. for the first time we will hear from judge sonia sotomayor herself. first in the week of confirmation hearings here in the senate judiciary committee. the format, 19 senators, 12 democrats, seven republicans. each getting ten minutes for opening statements. two senators from new york sonia society -- sotomayor's home state getting the chance to introduce her. the q and a starts tomorrow. that's when she will have the chance to defend herself from some of the criticism. of course she is going to get questions about gun rights, about abortion. she is likely going to get questions about that controversial case where she rejected a white firefighter's reverse discrimination claim. the comments that she has made about appeals court policy made. the comment she made that a wise latino might come to better decisions than a white male.

g.o.p. critics have questions whether she can be impartial. >> she has criticized the idea that a woman and a man would reach the same result. she expects them to reach different results. i think that's philosophically incompatible with the american system. >> now, democratic supporters say those comments with the wise latino and about policy being made by appeals courts those have been made in speeches and nothing with how sotomayor has decided cases. >> i have asked her about her speeches. she said ultimately and completely, the law controls. and as a judge she has shown over and over again ultimately and completely the law controls. >> you you are going to see a lot of her family. her mother, stepfather, brother, nieces and nephews. steve, back to you. steve: thank you very much. of course fox is going to be

there. stay tuned all day right here on fox for complete coverage. things kick off at 10:00 a.m. all right. peter johnson. over to you. peter: thank you, steve. now, a routine traffic stop turns deadly. and dash cam video shows the struggle between the arresting officer and the suspect. >> how are you doing? >> gym me your hands. >> i promise you. >> i don't have nothing in my hand, i swear to you. >> what are you trying to do? >> open your hand. open your hand. >> spit it out. spit it out. >> can that deputy be held responsible or was action appropriate. here for debate arthur eyeball

abdulah la and former federal prosecutor doug byrnes. author, good -- arthur, good morning. >> you think it's murder. >> i don't think it's murder but what the police department is saying this officer followed all the proper procedures and it did nothing wrong. when you look at that you have a dead man and one of the issues in the autopsy is his neck is broken by ostensibly by the police officer. i mean, i don't think you can say that everything went well and this was a perfect arrest. something is wrong. if he did follow all the procedures, then clearly the procedures need to be changed because people shouldn't be killed by police officers for possibly having a small amount of narcotics in their mouth. something had to be done differently. >> did the police officer kill that man because he had a small a narcotics in his mouth. >> no. what happened was while, of course, i agree that nobody should die in a relatively routine traffic stop. the guy simply refused to follow directions. he wouldn't open his hand which is critical in any encounter

with the police. your hands. he swallowed what turned out to be narcotics. he himself was on methamphetamine. he was a mess. arthur is right, it's very fact-specific you will have to look at the autopsy at. the coroner made preliminary finding it was disedges. very fact specific. >> i think everyone will agree it was accidental. no one was saying the police was trying to kill the guy. at what point do these things escalate? it would be totally different if he had a gun in his hand or knife in his hand something where the police officer really felt his own life was in derrick. then all bet are off. a cop could do what he has got to do to defend himself. peter: what about the fact that the suspect seemed to be following the drugs, dots police officer have an obligation to swallow? >> no, because it's going to come out the other end. they call them mules in the federal government where people swallow drugs get on airplanes from different countries and then come here and they check

their stool and they find what they want. peter: he had underlying heart disease. this is a struggle that went on for six or seven minutes? >> it was not good. that's the other thing where a police officer needs to know back off call for help. >> the autopsy may show and this is your point and you are right that the methamphetamine was what caused the heart problem. that's going to be a scientific question. but arthur paid the -- made the point he had a neck situation. it's really kind of a back and forth close one. peter: good to see you. next do it yourself car repairs what's going to save you money and what's going to end up costing you more. we are live outside the studios to give you a lowdown. taking its rightful place

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steve: a lot of people are thinking can i save money by doing my own car repairs? when you look in here what is all that stuff? what does that do and why is it connected to that and where is vvt? where do you day the line on what you should do and can't do. let's talk to that lady right there our old buddy lauren fix. gretchen: people trying to save money these days. what you can do at home and what you cannot? >> a lot of things can you do. i saw some intimidation under the hood i'm not touching that vv. >> it is variablevel timing. steve: show off. >> check your tire pressure. use of the number inside drivers's door. life of the tires can you do yourself. gretchen: every 30 days. >> she has got it car girl, i love it. gretchen: check the fluid. >> the oil. dipstick if it's low, add oil. this is dirty oil. come on get your oil changed.

coolant. you want to taste it. but looks like -- it will kill you and kill animals as well. if it's dirt i couldn't can use high drom ter and check it. replacing air filter can improve fuel economy. and wiper dogs three or four things you can do yourself. anybody can do. gretchen: i said to you before the wiper blade doesn't have to be a particular blade you measure it with a tape measure and find out which one to buy. >> go to auto reparts store will replace free of charge. steve: there are some things you should not do, for instance, changing the brakes. >> that's where you want to find an ase certified technician. >> an ase certified technician is what you are going to need to work on your cars, especially

brakes. gretchen: check engine light, you see that maybe i should go in? >> this is not something you want to do yourself. effect your fuel economy by 40%. ignore this it will get worse and worse and worse. and heavy engine. this is someone who didn't replace coolant. this is a water pump and it's rotted. i would replace my own water pump. i wouldn't suggest the average person. that's why the car care council has free guide. english, spanish, french. we give it away. no advertising. you love car parts so much you wear them as. >> this have from a transmission. i wear stainless braided hose. i named my daughter shelby. i'm a little nuts. steve: did your husband ever propose with one of those. >> no. i never thought about that we have been married 20 years. gretchen: thank you very much. let's go back inside to peter johnson jr.

peter: i was wearing a carburetor over the weekend. giving himself a little pack on the back. president obama saying the stimulus worked just like it was supposed to. so how come more than 6 million people have no jobs? then, we told you about those campers who were kicked out of a swim club. remember that in the campers all black. we have an update to that story on the other side of this brake. how 'bout one from our golf outing? ( shouting ) i know, maybe one of my first-born son. dad, mom says the boys gotta go. personalize your card by uploading... your own photo at capitalone.com. what's in your wallet? ♪ you know why i sell tools? tools are uncomplicated? nothing complicated about a pair of 10 inch hose clamp pliers.

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gretchen: july 13th, 2009. let me tell what you is happening right now. a push for criminal investigation. and former vice president dick cheney is taking the heat. the fight over what the cia can and cannot keep secret intensifying. peter: then, gaffetastic joe biden at it again. this time he is apologizing for not going to the world series. but, guess who he is blaming. steve: it's funny. an inside look at a new airline

for your furry friends. that means no humans aloud. we will take you online a pet airway. our slogan this hour comes from branden in alabama. he types in in the morning as i struggle to awaken, forget the eggs and bacon. it's it's "fox & friends" that gets me shaking. thanks, brandon. [captioning made possible by fox news channel] pleasure captioned by the national captioning institute --www.ncicap.org-- steve: tommy is a big fan of the show he watches every morning. gretchen: the all-star game dicks off tomorrow. fox will be covering that. cal ripken will give us inside knowledge. is he somebody who might know something about baseball. long streak of never missing a game. steve: not missing an opportunity to join us today on the curvy couch is peter johnson jr. filling in for brian. tell us about the attorney

general. what's he stirring up? >> what's he stirring up? well, there is some reports now that attorney general eric holder is seeking to appoint a special prosecutor to investigate the cia and potentially former vice president dick cheney with regard to allegations that a secret plan to kill al qaeda operative was withheld from congress. gretchen: this will be very interesting because the of the fact that his own boss, president president obama says he is not in favor of doing any kind of an investigation and so, interesting piece this week in "newsweek" about eric holder trying to maul over this decision in his own mind. lawyer versus friendship and subordinate to barack obama and what decision will he make? stay tuned. steve: yeah. and we were talking about this an hour ago and we were talking about how it would be up to eric holder in the next few weeks to decide whether or not to go ahead and perhaps go after cheney because the allegation is that they -- had this secret operation at the cia and they

said ok, whatever you do, don't tell congress because they are not going to like it. so, i had suggested well, you know, eric holder is going to decide over the next couple of weeks whether to do it. we got a bunch of people emailing saying do you think it's going to be eric holder? it's the white house deciding. peter: there is north going to be a determination made by any attorney general in this country unless the attorney general is looking to get fired by the president with regard to something so politically explosive as. this we thought and you made reference to it a few minutes ago, gretchen. we thought that the enemies of the state parade was over a few months ago and that we weren't going to be subjected in this country to the potential prosecutions for political conduct in the past. but it seems that mr. holder is reevaluating that position and there has been a long bunch of expositions about him thinking about it what he might do. and maybe he will do it.

and so it's got to be worse if you are the former vice president of the united states or anyone connected to the cia to have these kind of anonymous charges at this point thrown around in the newspapers. i mean, we don't know specifically what's being talked about. what wasn't being talked about. it seems not realistic. steve: peter, could it be political cover for what nancy pelosi said a couple months ago now where the guys from the cia come up here and brief us but they lie to us all the time. john cornyn says it sounds suspiciously like political cover for nancy pelosi. gretchen: what i think about whether or not you would want to work for the cia anymore. here are the four things that has the cia under siege right now. was mass killing of the taliban prisoners legal? they are looking into that. the second thing is were prisoners in war on terror tortured? number three, were there undisclosed surveillance programs? and number four did vice

president cheney hide counter terrorism programs? a lot of people on the inside of the cia and people who know a lot of information about it say you know, number one, people are not going to want to work there anymore if they're going to be under this intense interrogation process all the time where they can be investigated. number two how do you keep the cia doing covert activities and doing the job ifthey are supposd to do if somebody is looking in on them the entire time and taking away their power by the way as well. to me that's the most important thing here if you take politics away from this is we need to keep this country safe. and county cia continue to operate the way that it has in the past if we are going to investigate it to this full extent? steve: meanwhile, left's talk a little bit about this over the weekend on the chat shows. there was also talk about, you know, we really probably need a second stimulus because republicans are going what are you kidding me? because the first one was a dud, and you look at the facts and only a fraction of the amount of money that was set aside for

this first great big stimulus has actually been spent. however the president of the united states in one of his extremely long weekend chats on youtube said the first stimulus absolutely worked. it had done exactly what it was supposed to. really? peter: everything except create jobs. i mean, arguably there was an effort that began with the president bush and then president obama to save the financial system. but it was also billed as an effort to increase jobs in this country. what we have had is a tremendous decrease in jobs and especially in some of the cities across the country where you see african-american unemployment maybe at 3 a or 40%. and the teenage community. steve: four times. peter: has it been successful? if you look at the numbers i

think-objective observer would say it's not been successful. what we are seeing beginning with vice president's biden's remarks last week are a lead up to another big stimulus package. gretchen: i think they would have so much difficulty passing that also agree with you they send out joe biden to say they misread the economy. they have to try to quell the growing pressure about why this stimulus plan did not work. unemployment up to 9.5% now. they said it would not go above 8%. here were some of the quotes from the president yesterday still spinning this in a positive direction. our financial system and economy was brought back from the brink. number the two recovery act wasn't designed to restore the economy on-to-full health on its own but to stop the free fall. whether or not a second stimulus plan, i think there would be so much disagreement about a stimulus plan. i don't think that's going anywhere. then you start hearing about a small business plan bailout over the weekend. people say that was what was needed and it may be too late to

help some of those businesses? steve: we were eventually bound to slow down in the free falling department. you look at housing, it's not rebounded at all. and you -- i mean, there are some antidotal markets that are picking up a little bit but still there are a lot of foreclosures and so many people are out of work. i saw one of the president's advisors over the weekend said the worst is yet to come. and when you look at the cap and trade thing. this is something when i was on vacation everybody was talking about. that's going to cost us a lot. it's going to target small businesses and that is perhaps why they were talking about a small business bailout. >> some folks working on what's called shuffle ready programs. when they roll out a month from now new stimulus programs. these are shovel ready. steve: they need a shovel all right. gretchen gretchen when you give kids medicine and it doesn't work you don't try that medicine again. that's a simple analogy to the

stimulus plans. let's talk about joe biden. we like to call him gaffetastic biden. he did it again. this time in the dug out after the philly's game. he apologizes to ryan howard, the premier first baseman of the phillies and says something to this effect. >> great, great, great game man. well, you know, we just live about 0 miles from here and we are giant fans. >> jill was here for the playoffs and the world series. they wouldn't let me come for security reasons. >> i hear that. >> so you know what i mean? they let her come. security. who the hell ever shot a vice president? steve: hot hell ever shot a vice president? he looks over at the camera and puts a hand up oh, wait a minute. gretchen: i was wondering how ryan howard felt about double fist pump. steve: i think he was running for the president's job. peter: what is he talking about?

steve: during the campaign bowers of security and whatnot? peter: they didn't think he was the vice president then? steve: gretch, is it true the president is going to be throwing out the first pitch? you have heard that? gretchen: i haven't heard that. steve: all the living presidents are somehow involved? gretchen: that's true. i have not heard about the first pitch. my husband is not up yet at the game. i will email or twitter him and have an answer. steve: get him up? gretchen: he had a late night. he was at the all-star game last night or the future whatever that is. let's get to a fox news alert. treasury secretary tim geithner in london meeting with britain's prime minister gordon brown. they are discussing details of the u.s. and u.k. plans to stop the economic crisis. it's his first stop before heading on to the middle east. as north korean leader kim jong il reportedly battles pancreatic pressure diplomatic talks are forging ahead.

discussing ways to force north korea back to the table. best ways to enforce u.n. substantials -- sanctions. the u.n. punished them for their missile launch. california lawmakers back to the budget battle trying to close the state's 26 billion-dollar deficit. legislators have been poring over plans for weeks with no solution in sight. so far they say there needs to be big cuts to welfare programs and education. >> it's inevitable when we are talking about the budget situation we are in,we will have reduced spending on education. the question is just how we get there. gretchen: mean time, added pressure to set the budget, the state has issued a $3 billion to ious but big banks are no longer cashing those. update on inner city kids kicked out of a philadelphia area swim club. the valley club has had a change of heart and will let the kids swim there again. will the kids want to go back there? listen to what they told us over

the weekend. >> i heard them making rude remarks about how they didn't want us there and also about how, like they didn't -- like they were afraid that we might harm their children or might try to steal something from them. gretchen: the club denies allegations of racism. they are trying to arrange a meeting with the creative steps day camp. >> gretchen: is there such a thing as ethical hacker. one is being called that because of a popular video on youtube. the tiny technology that the government uses could put your identity at risk. the guy drives around with that box which we are told is a signal scanner. he got it on ebay for $200. with a laptop he reads numbers from folks identity cards. privacy experts say those can be used by criminals to steal

identities. three people injured at the running of the bull. with bumps and bruises. fortunately nobody was gored today. last week a man was killed. the festival wraps up tomorrow. and every year i ask why. why do people do that? steve: no kidding. jeanne out in the st. louis area says the news here in st. louis says president obama will be throwing out the first pitch of the all star game tomorrow night. gretchen: they would know all the inside scoop. steve: all right, peter. what's coming up? >> big showdown on capitol hill this morning. supreme court nominee sonia sotomayor expected to get a grilling. our panel weighs in. gretchen: delta is putting the squeeze on flight attendants and their outfits. that straight ahead. mmmm... what are you eating?

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steve: we are just about three hours away from the start of sonia sotomayor's confirmation hearings. we have mark smith a constitutional attorney. tom, a radio show personality based in l.a. and today he wakes up in new york city and today political political consultant tara dowd da. let's go around the pundit pit. what is the number one question you would ask sonia sotomayor if you were a senator. don't worry, you are not. >> i would ask her has she ever owned a firearm and why or why not she hasn't. >> that's why i would ask her. anything you ask her about politics is going to be canned response. something that is basically vetted by democratic talking points and talking heads and all of that so i would ask her

something personal. why and her answer will be probably i never owned a gun how do you protect yourself. how do ordinary people protect themselves? that's how i would do to to get a sense what she believes. remember on the supreme court what you personally believe actually does influence how your decisions because unlike other courts, you are really not down by precedent. after all, you are the top of the heap. steve: the gun thing a good thing because in 2004 she stated an opinion that the right to possess a gun is clearly not a fundamental right. >> if you are judge sotomayor or senator leahy or president obama and you are sunday rounded by people with guns protecting you, it's very easy not to believe in the right to own guns. when you are ordinary american such as me and others, guess what, that's a very important right. steve: tom, what would you ask her? >> first of all it doesn't matter what you ask her because we all know she is going to be confirmed and that's that then you get down to what is your agenda and what are you trying to accomplish? steve: do you think she has agenda? >> no. i'm talking about the person

asking the question. what's their agenda and what are they trying to accomplish? if i was trying to trip up judge sotomayor, i might want to ask her what does growing up on the south bronx and being poor in as you hog project have to do with anything? and, of course we will hear a lot about this. steve: give you empathy. >> we will hear this whole life story how she grew up poor, blah, blah, blah. what does that have to do with the price of bread? steve: good question. finally, tara, what would you ask. >> i would actually ask her a question i would to know myself. what does she think is the most important case that's ever been tried in this country and why. steve: all good questions. will any of the senators steal them? stay tuned. what do judge's critics want the public to know? we will pull that out next. thinking about pulling out plastic for must-have purchases. we have 10 items that if you charge could actually kill your credit score as soon as you swipe them. you will need that.

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steve: take a look at this. our new latest opinion dynamics poll shows 36% of you folks out there have a favorable opinion of judge sonia sotomayor. if everybody likes her so much. what's the point of even having the hearings? we are talking about that in our pundit pit. mathematically the democrats have the 60 votes. she will be confirmed. judge napolitano mark, earlier said that one of the reasons you know, this will allow americans to watch the process and see what happens when you elect a very liberal president in charge of essentially appointing and

nominating selection. this is the start of 2010 congressional races. that's what this is all about. so, if i'm on the republicans advising republicans. i basically say to them take this as an opportunity to remind the american people why elections matter remind them about differences democrats republicans on gun rights to affirmative action to the role of the courts and judges in american life. that's how you do it. you use this as an opportunity because it's going to be on the cover of every newspaper to talk about these initials a way that republicans may not do a good job in this overwhelmingly democratic world. here is a shot for them to make a point and score point for the 2010 election. what happens in the next couple of weeks can be used in the elections next year. steve: tara, what about the wise latino thing? i heard people over the weekend talking about she just said it the one time. she actually said it five times. there is a pattern there. you can got to figure was she just making a speech or does she

really feel that way? and if she feels that way? that's a problem. >> well, first of all, i have auto problem with the fact that people are judging her solely on a statement even if she made it five times. how many statements has he made over the course of her career. also, 3,000 cases that she has heard in the circuit court alone and yet she is being judged and attacked based on one or two cases stavment tis particularly. steve: that's how it works though. >> i understand that. steve: look at somebody's background and say ha ha. >> she embodies what the republicans talk about. rugged individualism. diagnosed with diabetes. growing up in housing projects. growing up summasumma cum laude. she is a meritorious person. >> judge sotomayor, on multi-times has basically said she is a child of affirmative action, that but for the fact that she wasn't hispanic female she wouldn't have had the opportunities that she has had.

>> that shouldn't have anything to do with affirmative action. >> in the morning of academics. >> you earn. >> you can give out grades on the same basis you give out admissions. steve: we have a professional talker in the middle. he is dieing to get in on this. >> what i want to say is i think it's interesting how everyone now is saying we hope that judge sotomayor will base her decisions on the facts of the case and not on her liberal back ground or whatever. the fact is i think we learned a long time ago that a liberal president appoints a liberal nominee and conservative president nominates conservative and they all hope that' those leanings are going to come out in the decision no matter what way they vote. steve: my compelling story is available. if you want to buy the movie rights. i went to a one room schoolhouse all started in industry, kansas. tom leykis the radio talk show

guy and tara dowdell. thank you for joining us today. right here on fox, all day long. coverage of the confirmation hearings. things kick off at 9:00 this morning. 90 minutes from right now. a secret custody deal for michael jackson's three kids. you won't believe who is fighting for them. the details straight ahead. then, think about you swipe. we will tell you about 10 things that will stop from you pulling out the plastic next time you need to make the purchase. don't end up being a victim. what could sink your credit score. straight ahead on "fox & friends" for a monday. i had felt fine. but turns out... my cholesterol and other risk factors... increased my chance of a heart attack. i should've done something. now, i trust my heart to lipitor. when diet and exercise are not enough, adding lipitor may help. unlike some other cholesterol lowering medications,

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peter: welcome back at 31 minutes after the hour. now your headlines, president obama is calling for investigation into possible war crimes. it's over allegations that as many as 2,000 taliban prisoners were massacred at the hands of the northern alliance. a u.s.-backed force in afghanistan seen in this voidio. some human rights organizations claim the bush administration refused to investigate the incident. president obama says he will make a decision on how to go forward after he has all the fax facts. steve: michael jackson's sister is claiming the king of pop

murdered. la toya jackson believes he was killed in conspiracy by his own entourage. in an interview with british newspapers, la toya says jackson's inner circle plotted against him because he was worth a lot of money. he was their gravy train, meal ticket. custody hearings set for jackson's three children next week. there are reports den buy rowe and the grandmother catherine jackson has set a deal. rowe will stay out of their life as as long as grandfather joe jackson doesn't get near the kids. he feared having his children around his father joe because he grew one a lot of violence from his dad. gretchen: long process of identifying thousands of -- chicago area cemetery. angry relatives are demanding answers. many of them gathered for a prayer vigil led by the reverend jesse jackson. jackson also calling for expanded investigation. so far four people are charged with digging up the graves so they can resell the plots and coming up next next hour we will

talk to a map who cannot find the graves of 19 of his relatives, including his parents. peter? peter: two convicted killers and a rapist are on the loose this morning. they escaped from a maximum security prison in indiana surrounded by residential neighborhoods. federal marshals are use offing search hounds to hunt them down. all three men are considered very dangerous. police are checking visitor logs and talking to the men's relatives hoping to find leads. gretchen: a beautiful weekend here on the east coast, check out our weather for the weeks. hey, steve. steve: stormy day as you can see from the mid-atlantic back through portions of the carolinas and down through portions of georgia. in fact, in portions of alabama and georgia right now, we have got a severe line of thunderstorms moving through there. also, a little cooling action through portions of the central plains and they certainly need it. i was talking to my dad out in abilene yesterday. it's hot out there.

and you know where it's hot. meanwhile it's dry throughout the northeast and down south across the southern plains as well. if you are already up at 33 after 4:00 in the morning california time, it is a dry day out west. all right. that's a quick look at your fox travelcast. now let's take a look at something else. surfing. gretchen: surfers from around the world competing in hawaii. the one thing they all have in common. they are all deaf. it's part of the world deaf serving championship. 70 surfers took part in the contest on queens beach in waikiki. steve: that's nights. gretchen: i'm envious i couldn't stand up on that board for 1.2 seconds. peter: my daughter had a surf lesson last week. she said she store up. they made her wear a helmet though. steve: why not? gretchen: let's talk about this with regard to flight attendants and the dresses they can and cannot wear. delta merged with northwest airlines and that became official a few months ago.

now apparently they are going to wear of the delta uniforms and not the northwest ones there was a famous designer richard tyler who made these red dresses here. i don't think this is one of the delta outfits. maybe it is. brian: that's it. walking the runway. gretchen: apparently this is what the delta flight attendants will be wearing. there are other options as well. they don't make this dress in sizes larger than 18. and now some women, and the union specifically for flight attendants upset about that. peter: that's wrong. there should be a class action. absolutely wrong. steve: size 20 and bigger? peter: isn't that silly? isn't that wrong? gretchen: if it was the only option, then i would agree with you. but they have an option of pants. they have option of blue dress. they have an option of a blue skirt. they have brian. peter: size 20. why can't i wear the red dress?

peter: stigma. gretchen: somebody going through their head who has on red or blue? peter: i don't like picking on somebody who wear as size 18 or 20. it's wrong. steve: patricia reller is a color that attracts attention. steve: that's her point. the counter point comes from gina laughlin who has the counter point. email us right now. what do you think about the size 1 only and below? should delta go higher than that? email us now friends at fox news. peter: i think it's the greatest

point of discrimination against american women is dress sizes. i remember my mother buying dresses for my grandmother and it was hard. she was a large size. it was hard. gretchen: that's a really loaded topic because then the other thing they do is they change the dress size to make really a 4 a size 8, blah, blah, blah. we don't want to worry. peter: i don't care about the size 2. gretchen: how would it look on clayton morris? because you would like to weigh in on this, i'm sure. >> i do. when i go to the gap and try on women's dresses they have mirrors and i think those wavy mirrors look skinny. i didn't buy this dress there i looked thinner when i was at the store. steve: we have you in for airline question. it has nothing to divoo doo what women are wearing it has to do with fur coats. >> no security lines. a dream come true, steve. middle seats, no long delays on the tarmac. steve: sign me up.

>> only one catch, steve. you have got to be an animal. take a look. ♪ >> we came up with the idea for pet airways because of zoey we poofd from the san francisco bay area to florida we had to put zoey in the cargo hold. >> we said ok is there a demand for this? people do the same thing we do. let's see if we put k. put together a company that flight pawts. >> put on your seat belt now, ok? go in there you are going to be ok. you will be flying on pet airways, you will be fine. and the process couldn't be easier, drop your petted off at one of their pet lounges, afternoon the pet attendant takes off the rest. >> i'm here to drop off my dog muffin. are you mr. morris? >> yes, i am. >> well, you are all set. >> are you going to be ok, buddy? >> thank you, mr. morris, we will take great care of her. >> i have had her since i was a

little kid. >> pet airways is different. we have certified pet attendant on board. people that have years of experience taking care of pets. walking up and down the aisles every 15 minutes, taking care of every pet to make sure everybody is ok. >> you know what the best part of this airline is? no humans aloud. i wish i had that on my flight this morning. >> we are going to have fun. >> if you are the pilot of this doggone airplane, what do you tell your friends and family. >> first reaction is, you are doing what? and, you know, i tell them a little bit about it and then i have talked to is like wow, that's really a good idea. >> right now pet airways flies to five cities across the united states. >> could i have your attention, please. the captain has turned on the fasten seat belt sign. that means you need to put away all of your electronic devices and fifi back there.

that means you. that means you. ok. i still see you are using your i pod. ok, let's go to pappa. oh look there is pappa. look, there is maizey. there you go. sweety. bye, thanks for flying pet airways. steve: fantastic. gretchen: i love that how much does it cost? >> $149. gretchen: one way. >> you will be dropping them off at the pet luke. say bye fifi. you hop on your flight where you get to admire the red dresses. the dog arrives pressurized not in the cargo hold. peter: dogs and cats. >> dogs and cats living together it's mass hysteria. steve: what are these cities being served by this pet airline. >> chicago, denver, los angeles,

d.c. and new york. they say that canada is about to come next. they are rolling out tomorrow. they are already sold out through september. steve: there were five dogs on the plane. if you carry the dog on, isn't it free? >> one of the carriers, if the dog fits. some people have a lab. you can't shove a lab. lassie underneath. gretchen: what happens if there is a delay because especially now with the summer months here, thunderstorms, et cetera, what happens? >> well, of course, if they are frying from laguardia or something like that where you sit for two hours in a delay, presumably you are going to be delayed as well. they arrive at a pet lounge there and take the pet attendants out that walk them and make sure they have water and food. they are fully taken care of. they are not sitting in a cargo hold somewhere. steve: what's the name of the airline again. >> pet airways.com. we will also put it up on fox news there and we will link the flights. all the cities they are coming

to next. gretchen: you are the tech geek and i say this in an adoring way. isn't the iphone your phone? against the law to put applications on your hand set that they don't approve. one teen hacker doesn't agree and he is here with his family next. peter: a secret cia program questioned now, a push for criminal investigation. former attorney general alberto gonzalez is here to weigh in on his successor's plan. steve: first time he has had this music. ♪ say you can handle my love ♪ are you for real ♪ i won't be hasty ♪ 4l

gretchen: welcome back, everyone. while most kids are busy at the beach or lounging by the pool this summer, one 15-year-old kid is working hard to outsmart apple. he hacked into apple's iphone

and helped develop software install applications not sanctioned by the computer giant. he with us from philly with his parents ken and judy. good morning to the three of you. >> hi. gretchen: you know a lot about computers. a lot of people like me need your help. apple is not too happy with you. why? >> well, did i develop software that let's you use any application you want on your iphone. apple kinds of wants to keep it very locked down i want to do additional things with it sometimes. gretchen: you found a way to break into the computer and attach applications that apple does not sanction. they say it's a copyright infringement. mom and dad, ken and judy, do you agree with your son's actions? >> no. not at all. >> you agree with your son's actions. >> of course i agree with my son's actions. gretchen: i assume that was yes.

>> of course i agree with my son's actions. when you buy an iphone it's almost like when you buy a ford mustang, you can soup it up. it's your right to do what you want with it. and when you buy an iphone you have the right to do what you want with it. gretchen: judy, the point of the matter here apple doesn't like this quite frankly ari may be outsenatorring them? >> he has been outsmarting us since he was a baby. gretchen: all right. so, ari, tell me how this works. what types of things do you want to apply to your iphone that you cannot do if you buy apple software? >> well, what happens is there are a lot of things i like to do with my iphone other than what apple allows me to do normally. my favorite examples are like using -- recording video on the older i phones that didn't support it. or using your iphone's

internet connection to get internet on your laptop anywhere that you have cell phone service. or you can instant message while you email or surf the internet or do other things. there are just so many things that you can do when your phone is broken. gretchen: sounds luke these are things that might be happening down the pike when they okay out with the iphone or i pod. how did you learn how to do it? >> i have been working on program for as long as i can remember. i started making web sitest when i was 7. i went on from there. and, you know, i'm not doing this alone. i'm working with the chronic team and iphone team who are full of really smart people working on jail breaking the iphone. gretchen: ken and judy, i guess you don't have to worry about what your son is going to do with his career, huh?

>> we are really proud of ari and what he has been able to do working with lots of other people. he has a strong future ahead of him. gretchen: apple says that it voids the warranty when do you this and it slows down the programs and so far they have filed a 27-page statement with the u.s. copyright office. we will stay tuned to the story and see how it all works out. thanks for sharing your time with us this morning. >> thanks for having us. gretchen: next time you swipe you you could be sinking your credit score. 10 items that may make you think twice about pulling out the plastic. famous hollywood sign was dedicated in 1923. it officially initially said hollywood land not anymore. and in 1967 windy number one song. ♪ everyone knows it's windy.

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. . peter: thinking of using your credit card to pay a speeding ticket. steve: maybe. peter: or to buy a relaxing day at the spa. you may want to rethink swiping your card for those purchases. steve: why? well, it could actually lower your credit limit and hurt your credit score. dr. robert manning is the author of "credit card nation." you're suggesting where they use their credit cards may be a tip-off? >> yes, the key issue is we're looking at fundamental issues, and it's affected people

negatively in terms of their job losses, so the first flag is to see is there a change in your behavior. did you go shopping at a dollar store? it suggests maybe you're about to lose your job. it leads to further investigation. it could lead to a reduction in your line of credit. that's going to hurt your credit score. peter: let's talk about that, doctor. steve: first up, peter just mentioned it, traffic tickets. how does that put your credit card rating in peril? >> it's suggestive of potentially reckless behavior, maybe you've got anxiety about a pending job loss. steve: retreading your tires. >> this is a key one and has led to a major lawsuit because now as people are trying to be more prudent with fair resources and going from new tires to retread tires, we're looking at trends in your consumption.

peter: if i used to shop at dolce gobana, and i don't now? and what if my marriage is in trouble and i want to go to counseling. >> don't charge it. if it's possible that you're going to end up in divorce, that means a loss of two incomes and greater financial stress and difficulty in paying your credit card. steve: don't put a cash advance on a credit card. that's something that the credit card companies are begging you to do. >> oh, absolutely, but it's suggestive that you're at the margins now, maybe you've got a reset on a mortgage. peter: if they think you need that money, you're willing to pay more? >> in the credit card crunch everybody's paying more.

steve: and you had personal pampering, going to a spa, or something like that, and alcohol, booze. who doesn't pay for spas and going to a wine bar or something like that or going down to hurley's on their credit card? >> the key is here a change in your behavior, and is it happening more routine than before, and this could suggest that you're trying to deal with new stresses in your life, and possibly those are financial that are going to lead to more problems. peter: what do you dow if you're downgraded because you paid your income taxes on your credit card? >> that's the problem, we don't have a way to contest this. it's the margins of tools with these very crude tools means many people with good credit histories that don't have problems paying are getting caught in this particular trap. steve: if my wife is watching,

don't buy those retreads today. thank you very much for joining us live. straight ahead on "fox & friends," don't go. we're going to tell you about sonia sotomayor. she's in the hot seat today. she's expected to win confirmation easily, so how will she change the makeup of the nation's highest court if approved? peter: eric holder expected today to launch a criminal investigation into this bush interrogation program. former attorney general alberto gonzales is here to weigh in on that subject. steve: and a mother struck by lightning inside her own home while doing the dishes. le annou] colorful, original. that's outlast lipstain from covergirl. light as air lipwear that does what a lipstick can't. it's never sticky cuz it's a stain. and it won't leave your lips cuz it's outlast lipstain. [ male announcer ] from easy, breezy, beautiful covergirl.

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gretchen: good monday morning to you, july 13, 2009.

the former vice president under fire today, attorney general eric holder expected to push for a criminal investigation. did dick cheney order congress out of the loop on a secret cia program? former attorney general alberto gonzales is here live to talk about it with us just moments away. steve: a mom gets struck by lightning inside her own home, in the kitchen, and her son comes to the rescue. >> stay calm and tell me what happened. steve: the mom and her hero son are talking to us in this hour of "fox & friends." peter: and major league baseball hall-of-famer cal ripken is here. why this year's all-star game may be different than ever before. our slogan this hour comes from steve baker.

"fox & friends," you're stimulus for bailing out of bed. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- announcer: it's "fox & friends." gretchen: good morning, everyone, we hope you had a fabulous weekend, it's a good one on the east coast, brian took the day off. peter:er johnson jr. is filling in. steve: and thanks for filling in for me last week. i got a chance to sleep in a little bit. don't sleep in today because one of the biggest political showdowns is two hours away. just across the street from the supreme court inside the hart senate building sonia sotomayor's confirmation hearings begin in the big, ornate hearing room. gretchen: it's just a few hours away now? >> that's, just a few hours away, and we're going to hear from judge sonia sotomayor on

the first day of a marathon week of hearings. you can start to see some of the press milling about, getting under way in just about two hours. the format, 19 senators get ten minutes each for opening statements. after that the two senators from new york, sotomayor's home state, will introduce her, and then she will get a chance to make her opening statement, and then after that they're going into pa recess. that should happen by midafternoon. the q and a starts tomorrow, and that's when sonia sotomayor will have a chance to defend herself against some of the criticism. she's going to get questions about gun rights, abortion rights, questions about that controversial case where she rejected a white firefighter's reverse discrimination claim, her comment about a wise latina may make better decisions than a

white male. it's been questioned whether she can truly be impartial. >> the focus on sex and race and saying that there may be different outcomes depending on who the judge is is antithetcal to the whole idea of the law. >> with 12 democrats and 12 republicans you're likely to hear twice as much praise. democrats to focus on her remarkable life story, growing up poor in the bronx and going on to princeton and jail and to a federal judge. >> the story is so encouraging, it is so much apart of the american dream, and she has done so well at what she's done, i take enormous pride as a woman in voting for her. >> and given the democrats' numbers, she's very likely to be confirmed, there's no mystery there, but there could be drama

tomorrow when the q and a starts. steve: thanks, malani, coverage starts at the top of the next hour, and live special coverage from d.c. throughout the day right here on the fox news channel. gretchen: let me bring you you other headlines, south korea media reporting that kim jong-il has life-threatening pancreatic cancer. in a rear appearance kim looked gaunt and had lost quite a bit of hair. kim jong-il apparently diagnosed about a year ago, around the same time it's believed he's had a health. his health has been one of the most closely guarded secrets in north korea. want to tell bernie madoff how you really feel? now's your chance. you can send your letters to a new web site called madoff.com. it will be sent directly to madoff's jail cell. the web site will do this every

three months for his 150-year term. when sarah palin leaves office she's not going to be for any one party. she plans to writing a book and stay in national politics by building a right of center coalition. she leaves office july 26th. looking live at the shutter endeavour on its nash pad. nasa scrubbed its launch because of thunderstorms, so nasa will try again tonight, 6:51 eastern time, but bad weather is in the forecast. it will be the sixth attempt. oklahoma city about to be immoralized in legos. a lego master builder building a replica of the city. he's using more than 1 million lego pieces. it will go on display in november at a local mall. those are your headlines for a

monday morning. peter: some key members of congress are calling for an investigation after learning that former vice president dick cheney may have kept a cia counterterrorism program a secret from congress following the 9/11 terror attacks. steve: that revelation coming on the heels of eric holder's announcement that prosecution of bush era officials is not off the table. to talk about this we've got former attorney general, somebody who knows something about that, alberto gonzales. good morning to you, sir. >> good morning. steve: so the allegation is as soon as leon panetta heard about this, that apparently people at the cia were told ok, the vice president has made it very clear, don't tell anybody up on capitol hill about this secret program that he discontinued the program. what do you think? >> well, i know better than most people the dangers of talking about classified programs, classified information, in an unclassified setting, so there's a lot here that we don't know.

i do know there is a strong effort between any white house and the congress to share information about classified intelligence activities. the obligation under the 1947 act to inform congress is not absolute. it is qualified to the extent that the sharing of information may compromise sensitive sources and methods or especially sensitive operations, so there's a lot here that we don't know, and we need to let this thing play out. peter: general, do you have any personal knowledge that information was withheld from congress with regard to secret cia programs, information that congress should have had perhaps under the law, any personal knowledge about that? >> listen, again, without knowing exactly what activities are in question here, i think it's inappropriate for me to comment on it, and i will say as a general matter, particularly in a time of war, it's good to have both elected branches of government working together, understanding what's being done to protect the american people,

subject, of course, to the need to protect very sensitive information to protect the security of our country. peter: so it's possible that certain information was withheld from congress? >> again, i don't know whether or not it's informationis that two rise to the level of qualifying under the statute to be presented to the congress, perhaps it didn't. what i do know is the career officials at the cia in particular are very sensitive about their legal obligations to make sure congress is informed, and if in fact someone believed that this activity rose to that level, i suspect that someone would have leaked the information, someone would have said something, but i'm just speculating here. i think we need to have the congressional leadership look at this before we comment about it publicly about a potentially very sensitive classified program. gretchen: and nobody would advocate thinking that you're above the law. the bottom line here it's about keeping our country safe, and i know that you have had the

opportunity to speak to some people inside the cia about how they will now operate, and they will operate differently, will they not, because they're not going to put their finger on anything controversial because they may be investigated? >> that is certainly true. i've had conversations with both senior and mid-level officials at the cia, and there is a great deal of concern about the jeopardy that attaches if they engage in any activity that may be controversial, even if it's approved by the president, even if it's approved by the attorney general of the united states, a great deal of concern about taking steps that may be absolutely necessary to protect our country, and that's the danger that we all should keep in mind as we examine and evaluate what's happened in the past. steve: according to news sources now, it sounds as if eric holder is going to spend the next couple weeks deciding whether or not to go after some bush era

executives, maybe bring them up on charges or something like that. in the future, going forward, that would have a chilling effect. if you were in an executive position and you do what you believe is within the confines of the law and then the next administration hauls you into court, that's a bad thing. >> well, that is a bad thing, but let me make this point. it's very important for your viewers to understand what i understand that mr. holder is doing is looking at conduct that falls outside what the bush justice department said was lawful, and so as a prosecutor you do have an obligation to look at conduct to see whether or not it does fall outside what the justice department says was lawful. unfortunately in every conflict, going back to vietnam, world war ii, the korean war, sometimes people engage in conduct that's unlawful, that's not authorized, that's outside the army field

manual, for example. my understanding is this is what eric holder is looking at. the danger is whether or not that conduct is right on the line and whether or not it's unlawful or lawful. someone may have thought they were acting pursuant to the guidelines provided by the department of justice. gretchen: let me ask you this real quickly. would eric holder or any attorney general be able to launch an investigation without the president's approval? you've been there. yes or no? >> yes, yes, and we want the chief law enforcement officer of the country to have that kind of authority, but at the end of the day, of course, the attorney general is within the executive branch, and the president of the united states has ultimate say with respect to executive branch activities, but there is a political check upon the president not to engage or check the attorney general. peter: should the attorney

general launch a special prosecution? >> that's a decision to be made by general holder, but i want the viewers to understand what i understand he's looking at is conduct that goes beyond, outside the scope of bush policies. steve: ok. meanwhile sonia sotomayor is going to get a grilling on capitol hill today, and former attorney general alberto gonzales since he's in the chair is going to stick around from the d.c. bureau to give us his take on it as we look live at the supreme court across the street from the the u.s. capitol. peter: then the graveyard robbery, a sick scene, bodies dug up, and new ones put in their places in the grave all to make an extra buck. in six different ways? introducing listerine® total care. everything you need to strengthen teeth, help prevent cavities, and kill germs.

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set to begin less than two hours from known for judge sonia sotomayor. she is the first hispanic-american nominated to the supreme court. peter: we're back with alberto gonzales who was the first hispanic appointed to the attorney general position. what do you think is going to happen today, general, and what's going to happen this week? do you expect confirmation or not? >> today we're going to hear a lot of speeches. over the next few days we'll have of course a series of questions about sotomayor, and my own opinion is that the democrats will focus her life story, it's a remarkable record, a brilliant example of the american dream. the republicans if they're smart will not -- will concede that. it is. she is well-qualified, and it's a great story, but i think there have been legitimate questions raised about her judicial philosophy, and the republicans should in my judgment focus on that. i think it is legitimate to question her as to whether or not she can be impartial as a justice. steve: exactly right, but it's a

math thing. they've got the votes. so republicans are faced with the problem ok, if we get really tough, we don't want to look too tough like we're beating her up because it's a done deal. >> but that doesn't absolve republicans nor democrats from their oath of office to the constitution and the american people to ensure this is a person that's not going to rewrite the constitution or rewrite federal statutes. these questions are very important. it will be used as an educational tool by both sides of the aisle, and this is a lifetime appointment, and it's very important. gretchen: we don't even know her opinion on abortion really. she is a catholic, so we're not exactly sure. we don't know how she feels about gun rights, and there will be a lot of talk about her speeches, not necessarily her court rulings, but her speeches. >> well, i'm sure as she prepared, they focused on three things, her substantive law, court cases, and speeches and

public remarks, and it's the third category that's most troubling, and from what i've heard from my republican friends it's most troubling, so there will be a great deal of attention payed to that area. steve: former attorney general of the united states of america, alberto gonzales, thank you, sir. peter: she was struck by lightning inside her own home as she was washing the dishes. gretchen: they had 16 children, 12 of them were adopted, many with special needs. who would murder a couple who spent their whole lives taking care of others? police think they know. could someone toss me

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peter: it's your news by the numbers. 10 cents, that's how much the price of a gallon of gas has dropped in the past two weeks. the drop is fueled by falling oil prices. next 67, that's how old an ordinance is that bans public dancing between 2:00 and 6:00 in the morning in des moines, iowa. an effort is under way to repeal that 67-year-old law, and steve doocy is laughing and clap about that. finally $30.4 million. that's how much money the new sacha baron cohen brought in on its opening weekend. it beat out ice age by $2 million. steve: thanks very much. a texas mother of seven children recently got the shock of her life about a month ago. while cleaning the dishes a lightning bolt came in the light in the ceiling and struck her in

the chest. gretchen: her quick-thinking son knew just what to do. listen. gretchen: joining us right now is that heroic young man, tristan, and his lucky mom, kimberly crone. good morning to both of you. >> good morning. >> good morning. gretchen: luckily you survived this. bring us back to this date on june 11th. you're home were the kids, and you go to put baby down and come back to the kitchen, and what happened? >> i was cleaning off the table, put the dishes on top of the cabinet, and there was a pan in

the kitchen sink, and i weren't to grab that pan with my left hand and move it over to my right hand, and that's when the lightning bolt came through the recessed lighting and hit that pan which bounced into my chest. steve: it bounced into your chest, and as i have read the news accounts, it shot out of your foot. for me that would be a sign never to do the dishes again, but there you are, you've fallen down. tristan, what did you do? >> i grabbed the phone out of her back pocket and called 911. steve: she didn't tell you to call 911. she told you to call somebody else first, right? >> she told me to call ma-ma. gretchen: and that's grandma, right? >> that is. gretchen: tristan, you knew that your mom always told you in an emergency to call 911, and we just heard your little voice. tell us what you were going through to see this happen to your mom.

>> i was scared a little, and i was freaked out because this -- i never had gone through this before, i've never gone through a fire or anything. any emergency that my mom like got in a fire or struck by lightning, but this one, it was -- steve: no kiddin'. >> it was scary. steve: it was scary, and your town has rewarded you with the keys to the city, and we have a graphic that shows that. congratulations. >> thanks. steve: what are people telling you about you getting struck by lightning in your kitchen? that normally doesn't happen. >> that doesn't, and our fire

department told me they had never seen anything like this. i think it is sending out a message to everybody telling them hey, in could happen to you, be careful, never say never. that's the big thing. gretchen: you were paralyzed, you were in the hospital for three days, you still have some lingering effects, but you are alive, and that is the best news of all for tristan and your other children, so we're so happy that you could join us and share this highly unusual story with us, and good job, tristan. >> thank you. steve: good job. all right. very nice to have you joining us from our dallas bureau, and, gretch, people across the country, kids at home this summer sayin' that lady in texas, good reason not to do the dinners. gretchen: yeah, a lot of people might use that excuse. we're so glad that they're all ok. steve: it's a once in a lifetime, folks.

really, it is safe, i'm talking to my kids directly, sally, mary, do the dishes for mama. gretchen: bodies dug up and then replaced. one family member has more than 20 family members, and they don't know where they are now? steve: new details in the murder of arturo gotky. his wife is accused of giving him the final knockout with a purse. that straight ahead. f@@mfmfhnpx

peter: the senate judiciary begins hearings into whether sonia sotomayor should be the next supreme court justice, but what aspect does sotomayor's early career will come into play? gretchen: with us is jamie colby. good morning, jamie. >> great to see all of you, good morning, nice to be here. there's no question there are many people that would say that sonia sotomayor's prize through the legal ranks in new york was meteoric, and there does seem to be a central theme, both in decisions that she rendered and also the activities and add voi cassie projects that she pursued. there seems to be an empathy for ethnicity. take a look. in 1979 fresh out of yale law school sonia sotomayor returned to her home state to work as an assistant district attorney in

manhattan. >> she made a reputation very quickly as somebody that nobody could push around. >> she took the job when the crime rate in new york was sky high. her workload, 60 to 80 cases at a time. >> she might be troubled about a case, but she would look at the facts and the evidence, and she would prosecute. >> five years later sotomayor joined a manhattan law firm making partner quickly after just three years. by 1992 she was judge sotomayor, the first puerto rican appointed to the federal bench in new york city. sonia sotomayor heard cases at this lower manhattan courthouse, first as a federal district court judge and then on the second circuit court of appeals. her judicial style described as no nonsense. >> she is an exacting, detailed questioner that has a tremendous facility and understanding of the facts in the case and the

law in the case. and she questions thoroughly and sometimes questions in a tough way. >> not all new york attorneys arguing in front of her admired her courtroom manner. >> i didn't care for her attitude, the way she dealt with lawyers at all. i thought she was very kurt, somewhat arrogant. >> she served on the bofrtd port preken legal defense and education fund for 12 years before becoming a judge raising questions about how closely associated sotomayor was to controversial cases the group advocated. >> she was never involved in our litigation. none of our board members have ever been involved in our litigation. >> cesar parals was president when she joined the group. he's noted she's never been one to boast about her achievements. >> if anything the new york yankees will come up in conversation, not her accomplishments. >> i did learn she is a die-hard

yankee fan. but what is different about the confirmation hearings that you'll see today here on fox than the other two that she's been through for the district court and the appellate court is a record of some 3,000 decisions she participated in and also statements she's made as you've heard, public policy considerations should be a part of decision making, she said, knowing that that isn't the general feeling along lawyers in the legal community and being a latina woman would make per potentially a better decision-maker than a white male. those will all come up in the hearings today, definitely the empathy factor president obama said he wants is in play when it comes to ethnicity. i'm going to be watching closely. how about you guys? steve: things kick off 25 minutes from now. jamie, was it tough for you to get that exclusive interview with peter johnson jr. for that piece? >> i can't even tell you what it cost me, but it did get me here. peter's one of the lawyers that won a case in front of judge and

potentially justice sotomayor, but i talked to other attorneys who said she was very hard on them, she went beyond the record, she looked at witness testimony that a trial judge could visually see, she looked at it in a transcript on paper, often a demeanor of a witness can't be judged on paper, and she decided credibility. that's going to come into play. what do you think about that, peter? peter: you're a lawyer admitted into four different states, i'm -- steve: we're surrounded by lawyers. peter: how important is the wise latina comment versus what some call a mainstream record? what's going to be the critical piece -- >> that's a great question. she has a number of mainstream decisions, but which she was part of the puerto rican legal education and defense fund, they decided two cases that are very similar to the new haven firefighters case, one with the nypd and the sanitation workers in new york, so they'll take a

close look at that, but wise latina, i think it's a good thing to have a mix of justices on the supreme court, i love that it's a woman, i think it's good that she's latina, but should that be part of her decision making? justis is supposed to be blind, right. >> that's the pivotal question. gretchen: next time we'll invite you to the curvy couch. >> i'll practice the couch. peter: and the walk. gretchen: it's a very short walk. good analysis. let's do the rest of your monday morning headlines. she's accused of delivering the fatal knockout, police arrest the wife of former boxing champ arturo gatti for his murder. the 23-year-old's former exotic rodriguez amanda rodriguez strangled him with the straps of his pocket bush, his body found in a posh apartment in brazil. they were there in brazil after rekindling their relationship. peter: and from bailout to billions, goldman sachs who just

were paid a government handout expected to report a profit of $2 billion this week. that money made between just march and june of this year. it's believed goldman will also set aside $18 billion in compensation and benefits this year to its 28,000 employees. that adds up to $600,000 per person. steve: nice work if you can find it. police in florida arrest three people in connection with the murders of a couple with 16 children, 12 of them adopted. two of the suspects are father and son. police say the father tried to paint over the van on this surveillance video. the van was seen at the home where bird and melanie billings were shot to death. there were eight children home during the murders, many of them asleep. the children were not hurt and are now being cared for by relatives. gretchen: what a terrible story. one of the three escaped indiana prison inmates has been caught, two are convicted kirls and a

convicted rapist. no details on which one has been caught this morning. they did escape from a maximum security prison surrounded by residential neighborhoods. federal marshals continue to use search hounds to hunt for the remaining two men. they are considered of course very dangerous. peter: and latoya jackson now says that her brother, michael, was murdered. latoya is telling british newspapers that he was killed, michael jackson was killed in a conspiracy by his own entourage. she believes michael's inner circle plotted against him because he was worth a lot of money. meanwhile custody hearings are set for jackson's three children next week. there are new reports that debbie rowe and grandmother katherine have struck a deal where rowe will stay out of their lives as long as joe stays away from the kids. there's information that joe wants to turn the children into

the jackson three. gretchen: that wouldn't surprise me, before michael was even gone he was quoting his new album. peter: and he said blanket can dance and paris wants to do something too. steve: we've got thunderstorms in the mississippi valley, and heavy stuff through portions of georgia and alabama at this hour, a little cloud cover, quite a bit of cloud cover in the outer banks area, dry throughout the northeast and also much of florida as well, dry, and it's also hot in texas. take a look. these the current readings. we've got 84 in the beautiful town of dallas, were the same for orlando, along the gulf, 70's and 80's, they're going to try to blast off the space shuttle later tonight. 70 in new york city, and temperatures throughout the northern tier right now in the 60's, but look it's going to get up to 90 in rapid city, about

the same for kansas city, 105 in the shade in dallas/fort worth. >> wow! steve: thank you very much. 111 in phoenix, and in orlando, 92 degrees. 19 minutes now before the top of the hour. off we go again to the curvy couch. gretchen: making wedding dreams come true for military wives. you don't want to miss this fairytale story. peter: then their loved ones were dug up. their graves replaced. up next we're going to talk to some of the outraged families. you are one person, but you can move a nation. you can walk with a purpose to end alzheimer's...

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steve: four workers at a suburban chicago cemetery have been charged with digging up bodies to resell the burial plots. thousands of relatives went

searching through graves at burr oak graveyard on friday, but investigators closed it and declared all 150 acres a crime scene. peter: class action lawsuit has been filed on behalf of the families, and this morning we're joined by billy jean ammens and her cousins. six of their 21 family members buried at burr oak cemetery are now missing. good morning. i'm sorry for this terrible loss. what did you feel, mr. ammens, when you heard about this? this involved your uncles, your fathers, your grandfathers, your family members who you thought were interred for the rest of eternity in the cemetery, and now gone. >> well, actually, what i felt right away was anger because

it's something that i've never even imagined could ever happen, and the fact that this has happened to my family as well as thousands of other families, i'm appalled at it. and i was just totally shocked. steve: billy jean, your father, your grandparents, and 19 other family members are buried at this place, burr oak. you went there with your mother on friday. describe what you saw. tell me what you were looking for. >> well, we went of course to check on our family members, to see if we could make sure that their graves were intact, and actually, it was so many people out there that we couldn't even make it to the front of the cemetery, and actually i'm glad that we didn't because my cousin, antoinette was able to get in, and i wouldn't have

wanted my mother to see that her brothers and her parnts had been totally damaged, destroyed, they've been moved. we're still looking for my father. we don't know anything yet because they've closed the cemetery, but it's just unbelievable. peter: and miss antoinette curtis, your baby brother was buried there as well as your father, and you were fold that there were actually -- i hate to say it -- there were actually skulls that were visible in the cemetery. what did you feel? >> oh, well, upon arriving at the cemetery, i was very disturbed at just looking at the amount of people who were actually there. that was overwhelming to begin with, and then when i went to my father's plot of which i had to be shuttled there on a cook county prison bus that was overwhelming in itself, and when i got to my father's lot, we

found that my father's plate had been disturbed and was no longer there and my mother, which is actively alive and well, her -- she also purchased at the time of his death an additional grave for herself, and just looking at the ground and all of the new tombstones that were built around her site and his site, it was apparent that there was not enough room to put a cough in the ground even vertically or horizontally, and so it was very overwhelming, and then to find out that my brother's body was gone was overwhelming, and so of course my mother was calling me to find out what i had located, how do you tell your mother that you don't know if my father, her late husband, is still there.

i know to be absent in this body is to be in the presence of god, however, my father was the patriarch of our family and was a class act, so it was very disturbing. steve: it is very disturbing, and we know this is a tough story for you guys to tell, and we thank you all, billie jean and kevin and antoinette, thank you for joining us from the bureau in chicago. peter: we sympathize with your loss. and indignity after indignity, and then on a prison bus. i can't imagine that. steve: all right. it is now 11 minutes before the top of the hour on this july monday, and you're looking live at washington, d.c. where we're awaiting the arrival of judge sonia sotomayor, the supreme court is in that block. her confirmation hearings for the big court set to start in just over an hour from now. as you can see, look at that. somebody had t-shirts made up. peter: you know who's here this morning? cal ripken is here. why this year's all-star game

may be different than ever before. he's going to tell about this in just a couple of minutes. steve: is he up for the supreme court too? . .

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brian: baseball fans across the united states will be tuning in tonight to watch their favorite players knocked it out of the park. tonight is the home run derby in st. louis. gretchen: tomorrow night is the 2009 all-star game here on fox. steve: kicking off the festivities, cal ripken jr.. good morning. >> great to be with you. steve: i heard that the president of the united states is going to throw out the first pitch, have you heard that? there are going to be former

presidents involved as well. this is big this year. >> a few presidents have thrown out the first pitch when i was there, it always adds to the excitement. it also adds to the security issues if you want to sneak out of the ballpark and leave early. it will be a wonderful time. gretchen: the home run derby is part of the big show tonight, people like to see who will hit the most out of the park. some people from last year will not be competing because of the talk of steroids. how does that change things in your mind? >> i 11 year without the use of steroids. [laughter] i am not so sure that you worry about that. the home run derby has really evolved over the years. state farm is the sponsor. there is a chance to raise about $1 million. this is a golden ball, $7,000

get donated. we are going to raise a lot of money. we have a boys' and girls' club clinic this morning. state farm has brought a lot to it. the home run derby is an exciting event right now. it is more exciting than the game in some cases. gretchen: exactly. >> at age 49, even i am a kid when it comes to baseball. >> we are going to teach them a bit about hitting. it is an experience. you are going to use the all- star game as a platform to give them a real experience, raising money for the boys and girls club. that is how i spend my all-star games, teaching kids. steve: since it is the ball, everyone is a winner. -- is t-ball, everyone is a

winner. >> these golden baseballs are painted, great souvenirs, painted gold. >> $7,000? >> if we hit it out of the ballpark, it is a $7,000 donation. there were seven or eight last year. you can raise about 100 grand for a particular fund raiser. gretchen: how can you get up early enough after the party's last night? [laughter] >> i am getting too old to withstand the parties. i can go to dinner and stay up until about 10:30, that is it. [laughter] gretchen: you have got the beat. have fun. >> we will be tuning in live tomorrow throughout the show. steve: fantastic. right back.

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