>> that certain solid a possibility that surely the iranian government will be looking in to steve, yes, anything can happen over there this doesn't look like it's in the middle of a city. it looks like it's in the middle of a farm field 75 miles outside the city. steve: all right, caroline. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- gretchen: good morning, everyone. we do begin with a fox news alert because just in the last couple of minute as caspian airlines plane from iran to armenia goes down in iran 16 minutes after takeoff. 168 people are feared dead at this point in time. we are going to keep you posted on this developing story throughout the morning. all right. in the meantime, the house laying its 1.5 -- we are going to keep it going right here. i was going to go to health care because that's also a huge story that will be going on on capitol hill today. let's keep it on the air crash right now as we continue to get more information in and the judge joins us live on the set

here filling in for brian today. judge: i'm down stairs reading the regular stuff in when all of a sudden this news came across. steve: it's terrible. of course, we were talking earlier about how the country of iran historically has a lot of plane crashes they do historically blame the united states because of our economic embargo on the country of iran. but this particular airliner, a tu, built in russia, i understand that there have been a number of aviation disasters regarding planes like this. 29 people were killed in september of 2006 when an airliner came off the runway after landing in one of the eastern cities in iran it bust into flames. in november of 2006 iranian military plane crashed on takeoff at the airport. 16 minutes before it went down. killed 39 people on board.

including 30 members of the elite revolutionary guard forces. gretchen: when you look at this aircraft 61 serious flight incidents with tu 154s? gretchen: that's a lot. including 36 hull losses. i'm not sure what that terminology means. that means human fatalities. 16 resulted from terrorists or military action. one thing that catches my attention this morning is usually if there is a problem on takeoff, the plane goes down relatively soon, within the first two or three minutes. i'm a white nuclear ler flier. i feel better knowing if i make it through the first three minutes of the flight, chances are you are not going to have any sort of ain't until you start landing process again. interestingly enough to me this morning is 16 minutes into flight there is a problem on this airplane it looks like the weather conditions were clear, according to the pictures that we are seeing so far coming out of tehran. you have to wonder about terrorist activity or pilot

malfunction. judge: taking off and landing most dangerous parts. 16 minutes into the flight, something happened. we don't know. what i gather -- is caroline still with us? gretchen: she is gathering more information. judge: we haven't heard from the iranian government yet. gretchen: we have not. judge: i won at whom the finger will be pointed. steve: pictures coming from state run television. they obviously have a grip on what they're letting out. weatherwise, we understand a clear day and 100 degrees. typical day in july for the country of iran. if the plane did go down 16 minutes in the flight 75 miles from takeoff spot, have you got to figure something, it could have been something catastrophic with the airframe. it could have been terrorism. it could have been a number of things it will be interesting to find out how soon the country of iran is forth coming with details. three minutes after the top of the hour. left's talk about this. the u.s. house of

representatives yesterday passed a 1,018 page bill that i bet you a dollar not one member of congress has read. and they should. because it's going to effect everybody in the united states. it's a huge health care bill that it looks like the price tag over the next 10 years will be about $1.5 trillion. gretchen: that cost keeps going up. it was just under $1 trillion. everybody almost passed out at that cost now we are talking about 1. a trillion dollars, judge. here is the catch. this is going to be a humongous tax on people who have been successful in this country. we are not talk about a measly 5% tax or something like that. this is 5.4% tax on families that make over a million dollars. so that is people who have been very successful in this country. but it's not just them people who make over $250,000. which seems to be that pinnacle

number that the obama administration talks about. they will be taxed 1% judge to pay for health care reform for all members of this country. judge: on top of this is coming the other tax which is on small business. and if you are a small business and your total employee compensation, including your own is $250,000 and you don't provide health insurance, the government is going to take 8% of what do you earn. isn't the worse thing to do in a recession to add to the tax burden of people who employ other people. that is cause golden globe to cause a loss of jobs. steve: the u.s. chamber of commerce has come out and said this is a jobs killer. they are forecasting that given the fact that some businesses, which currently do not provide health care will be mandated to add on a payroll tax of 8%. this could kill they say 4.7 million jobs. here is how it breaks down. if you make $350,000, your tax will go up 1% to pay for it.

gretchen: as a couple, right? 350 as a couple. 250 as an individual? i think that's what it is. steve: 350, 1%. if you are at 500 it's 1.5%. then if you get a million dollars a year it's 5.4%. however, after two years, this could double for the people in the 350 and $500,000 range because, perhaps, there will be some short falls so they have to make it up. judge: because this is 1100 page bill and because no one who voted on it read, and because we don't have a copy of it yet and because it will take a long time to read it. we don't know exactly what the tax son. most surtaxes are a tax on the tax. meaning you earn a million dollars and you pay 250,000 in taxes, the surtax is on the 250 that you pay. it's not on the million that you earn. it's still a higher tax. gretchen: less of a killer? judge: little less of a killer, still a higher tax burden. we don't know. and i'm willing to guess steve

and gretchen that the members of congress that voted on this don't know again we have a piece of lelings so long, so complex with the people that we hire to represent us voted on it that haven't read it. gretchen: here is the clue to me, judge. any republican that votes for this bill doesn't need to read this bill. all they need to see is 5.4% surtax and 1% tax on people making over $250,000 and any republican doesn't need to read that bill to figure out they are not going to vote for it. that 8% penalty that goes along with small businesses, to me the bigger picture here is this is a way, according to many critics to get small businesses to have to buy into this government health care plan. this is what a lot of people have been talking about, the private health care will go out the window. judge: absolutely it will. the consequence of raising taxes on people who provide jobs is that they will have fewer jobs to provide because they won't have the money to hire people because she have to give it to the government. steve: here is the thing.

the fate of this lies in the hands of the uts senate. there are a number of blue dog democrats not only in the house but in the senate as well saying this is really expensive and there aren't enough big cuts. what they would -- everybody would love to have health care for everybody. but what is the cost? and they are looking at how much stuff costs right now and they're saying, you know what? there are just not enough cost savings. there is a thing that involves generic drugs and pharmaceutical lobbyist came out and said this is unfair tax on seniors because generics will not be available for double the period. gretchen: that was on page 7 9 paragraph 17 in case you read it all night long, doocy. the other thing here is that i just don't see -- i will come back to the republicans on this. it would be interesting to see which republican will volt for this. that's important because barack obama wanted bipartisan effort on health.

judge: any republican that votes on this should expect serious challenge in the upcoming election. any blue dog democrat that represents a district that has hard-working people on it know that if this thing passes they are going to lose their jobs that person should expect a primary fight or conservative republican to run against them. we can't keep going on with the government grabbing and grabbing and taking and taking the legislation it hasn't even read. gretchen: eventually there won't be any wealthy people left in this society. judge: that may be the goal of this administration. steve: the democrats did that on the house side. no republicans really had any input. it will be interesting -- i don't see any republicans voting for this in the senate. i bet there will are going to be a number of democrats who are going to defect from their own party. we want health care this is not plan. judge: this is about the third or fourth time. i know we have to get to judge sotomayor. this is about the third or

fourth time in this administration that major legislation that has a profound change on everyone enacted hour debate. republicans weren't permitted to offer any amendments and where no one read the bill. steve: email us right now. how do you feel about this proposal to provide health care for many americans while they soak the successful? email us right now friends@foxnews.com. gretchen: we have to move on to judge sonia sotomayor because those hearings, of course, continue on capitol hill today. yesterday the questions actually started and there was a little bit more, you know, excitement, i would say, by questions from some republicans to judge sotomayor. specifically, about that wise latina comment. judge, i'm very interested in your perception of how this went down yesterday. judge: i thought she deflated the wise latina comment wonderfully. she said a couple things. i was in a law school, i was trying to encourage latina and latino law students to realize that you can rise to the highest levels of this profession.

don't look to the past. look to the future. i used a re torque call flourish and it fell flat. why say it again the same way, no. i do mean that any race or ethnic group or nationality is superior to any others of course not. my 17 years on the bench show that. i think she did a good job. senator sessions will be heater later. we can ask him. steve: you beautifully summed up well what she said. here is lindsay graham third sound bite in the rotation. go ahead and listen to how he wrapped things up. >> if i had said anything like that and my reasoning was that i am trying to inspire somebody, they would have had my head. do you understand that? >> i do understand how those words could be taken that way, particularly if read in

isolation. steve: in isolation? five times. gretchen: to me if it had just been said once, it's an easier explanation, judge. if it's said over a period of time -- didn't she also call it something about a hypothetical that went awry or something like that. once you say something then you continue to use the same thing. steve: re torque call flourish that fell flat. judge: she did say it five times. she said a lot of other bizarre things including i don't think we can fully remove our own internal prejudices from ourselves and i'm not so sure that we should even try. this is a bizarre legal theory that teaches if you are a person of color, you should favor people of color when you are on the bench and when you are in government. steve: let me ask you a question, if a republican nominee had said that, would they get approved? >> oh god, no. they would have probably stopped the hearings right there. they probably wouldn't have gotten to the hearing level. steve: in the meantime they are about to hand her the black robe for the rest of her life.

judge there was aggressive questioning and i think more to come today. gretchen: we'll continue to follow this throughout the morning. in the meantime another fox news alert. a massive earthquake rocking new zealand this morning. a tsunami warning just issued. more on this developing story right after the break. judge: is it the economy or just playing politics? why select chrysler delearships are shutting down. we could soon be dubbing it dealer gate. steve: we told but this gapping hole in the fuselage of a plane. what would you do if you were on that plane and you saw it open up over your head? the terrifying story from a guy who was on that plane. he joins us live straight ahead this hour. want the inside scoop on healthy hair?

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steve: this another fox news alert, a passenger plane carrying 16 people has crashed in northwest iran. the crash happened about 75 miles northwest of tehran. all on board are feared dead. and we have this video just into our newsroom from state television. they say that a caspian airlines

jet was head to the capital of armenia. the plane was completely destroyed, just bits. and the wreckage is in flames iran has relatively frequent plane crashes which it blames on the united states sanctions that prevent it from getting spare parts for old airplanes. meanwhile, another breaking story. this one out of the country of new zealand where a massive 7.8 magnitude earthquake has struck off the western coast of the south island. a tsunami warning was issued just moments ago. we are hearing that people ran from restaurants in queens town as buildings shook and lights and phone lines went down. we are keeping an eye on this huge earthquake out of that area. we will bring you more information as it becomes available. gretch? gretchen: thanks, steve. a quarter of chrysler delearships have already been closed and about 2,000 more are set to go. now endangered delearships are lobbying on capitol hill to save their franchises. what's the rationale behind

chrysler's closing? economics or politics? a new report issued by the university of north alabama decided to investigate and keith malone is the do author of the study dubbed dealer gate by professors and students at the university of north alabama along with students of economics colleen burns. good morning to both of you. >> hello. >> good morning. gretchen: keith, you are a professor at the university of northern alabama. why did you decide to study these chrysler delearships and their relationship to economics or politics? >> well, it's -- we do a lot of studies in terms of economics of politics. dr. couch, who is my cro author in this particular study, we have done various studies over the last several years dealing with economics and politics. and this actually came from a class that dr. couch taught in the june semester, intermediate microeconomics course. when the class started, this was a really hot topic in the news.

there was a lot of coverage of that. decided that they wanted to look at this. gretchen: a lot of people want to know, there has been a lot of information floating all over the internet about whether or not these delearships were actually closed because they weren't doing well anymore or, quite possibly, could they have been closed for political reasons? what did you find? >> well, we found, at least in our preliminary results, that it may have something to do with economics and politics, both. unemployment in the area is definitely a key factor as well as the percentage of people in a given county that voted for president obama in the last election. gretchen: so you are saying that politics would have a reason as to why some of these delearships were closed. let me bring in colleen here because one of the variables in this study is that as a vote for obama went up in a particular county, the likelihood of a dealership there would remain open. explain that variable, colleen.

>> well, we just tried our best to look at all the variables and we're not trying to raise an alarm. we are just trying to say that maybe some more investigation needs to take place. maybe we need to look specifically at the delearships that were remaining open. and i think the american public is really searching for answers to the question what determined which delearships were closed and that's really what these students were trying to determine. gretchen: all right. so, in conclusion, as a lot of the dealersy terminated, chrysler and g.m. were on capitol hill yesterday lobbying to try to keep open. or do you need more time, keith? >> we need more time at this point. the statistical models that we ran are a little outside the bounds that we like to have, and so it really signalled to us that we need more study to collect more data with additional variables just to see exactly what effect politics may have in this so-called dealer gate. gretchen: it was a fascinating

study. we will continue to follow it keith and colleen, thanks for being my guest this morning. >> thank you. gretchen: we showed you this hole through the fuselage of a plane. what would do you if this happened to you mid flight? one of the passengers joins us next. has progress taken us to a better place?

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steve: welcome back. imagine being mid flight when from your seat you suddenly see the sky above you. judge judge our next guest was on this flight when he heard a massive pop. this hole occurred just a couple of rows from his seat.

he was seated in row 21. he is steve hall from nashville. good morning. >> good morning. steve: you are sitting there in row 21. when did you realize there is a hole in this airplane? >> couple passengers and i were playing a little football out of the blue there was an extremely loud pop. made it us jump a little bit, of course, we were looking around, what could that possibly be. looked up at the ceiling and realized that one of the ceiling tiles that cover the underside of the fuselage is being sucked up against the aircraft. so, you know something is not right but you are not quite sure what shah is. judge: were you able to look through the hole and see the open sky above the plane? >> well, here -- that ceiling tile, in my belief, was trying

to be sucked through that hole. so, it blocked that hole. and not until you really looked at it a little bit more after you have now attached an air mask to your face you saw some sunlight coming through that area. yes. steve: we just heard the 911 call and the flight was diverted to baltimore washington international where you wound up landing and they brought a new airplane over. what was it like on the airplane? when people realized hey, there is a hole up there. a whole roof is going to get ripped off. was there pandemonium? and how was the flight crew? >> flight crew was awesome. they were in complete control of the situation. that's -- a lot of nervous energy, understandably. people looking around, what's going on. oxygen masks dropping. putting them on. but the flight crew immediately came up and down the aisle ways to make sure that folks were being taken care of. i know there were a lot of questions being asked.

and they were consoling and reassuring that everything was going to be ok. i'm one -- i say one of the luckier ones because i actually got to seat problem. now the folk notice front of the plane had no idea what was going on behind them. judge: wow. anybody get hurt? everybody landed safely, steve? >> yeah. that's the great part of the whole story. no one was hurt, to my knowledge. we did land safely. we did practice for an emergency landing just in case. but they brought us down without any further incident. steve: we understand the oxygen mask came down as well. but, hats off to the crew of southwest airlines flight 2294. judge: absolutely. steve, thanks for getting up this morning and chatting with us about this. congratulations to you. >> i'm just just one of those lucky passengers. judge: you sure are they are all. steve: a fox news alert this morning about a plane crash. a plane has gone down. airlinener iran it is feared all

169 people on board are dead. there are new details pouring in. we will bring them to you right after this timeout. judge: you know the terror alert chart. the one with different colors on it for different levels of alert alert? well, you can kiss it goodbye. steve: find out why. plus, we have seen wales wash up on the shore. that's a shark. it happened in a very unlikely place. we will tell you where. úqú;

gretchen: welcome back, everyone. half past an hour. a fox news alert right now because there has been an airline crash in iran. 16 people have crashed in an airplane in northwest iran. let's go to caroline shively live in washington with more details now this morning. good morning, caroline. >> good morning to you, gretchen. this flight took off from tehran. then 16 minutes later it crashed in that field you are looking at. more than 7 a miles away in the middle of a farm. the flight was actually on its way to armenia. all 168 people on board were killed, including the 13 passengers. and about 16 crew members. now, when word first came out, state tv was saying all on board were feared dead but once iranian state tv brought up those live pictures, you knew there was no hope. the impact dug the trenk you are looking at right now. the plane was engulfed in plane. the plane broke into small

pieces because of the impact. post most of the passengers on board were from armenia. also from the country of georgia and other nationalities were also on board. we don't know how many iranians were were on there the plane was a russian made caspian jet. it is a russian iranian joint venture. russia is an ally of iran and one of the top trading partners. plane crashes aren't as they are here. they blame it partly in the u.s. because of sanctions saying they can't get spare parts to fix the planes because of those sanctions and those from the united nations. now in 2006 another 2-6r789-15 had. that's the type of plane that crashed here. another plane crashed during landing in iran. another crashed killing 199 on board. that doesn't sound like a lot unless you how many flights they run just a few in the day. in the u.s. they would have set up a media site.

we know from the election as few weeks ago it is a very different scene there. if you are sitting in iran right now. you are seeing those pictures with the scroll across the bottom of the screen saying everyone appears to be dead on this iranian plane flight. gretchen, back to you. gretchen: thank you very much for the update. we will continue to follow this throughout "fox & friends." anotherbreak breaking news this morning. tsunami warning has now been issued just moments ago after a massive earthquake rocked new zealand the joint 7.8 magnitude earthquake struck off the west coast of the south island oirnszs are saying people ran as lights and buildings went down. new information continues to come in. we will bring you updates throughout the morning let's take a look at dick cheney latest crofer on capitol hill democrats are commanding documents from the cia on a proposal aimed at taking out top al qaeda officials. it's the same proposal they claimed former vice president

dick cheney ordered the cia to keep secret from congress. >> we haven't always gotten the information. we haven't gotten it timely and in some cases it hasn't been accurate. >> i will go along with it i don't have a problem with exposing it. i think if we go through this process what we will really expose is that this is nothing more than -- you know, this is nothing more than a witch-hunt trying to find something to protect the speaker of the house. gretchen: you will remember house speaker nancy pelosi put herself in the center of controversy when she accused the cia repeatedly lying to congress. meanwhile the agency is handing over the documents but cia officials say if this al qaeda proposal never got to a fully operational stage. there was never a need to tell congress about it. the current terror threat level in the u.s. is yellow. but that color could be a thing of the past. the white house has ordered a review of the color-coded terror warning system. the color system was put in place following september 11th as you recall. a replacement will be considered

by a panel of politicians and public and private security experts. according to a close friend, michael jackson's ex-wife really does not want those two older children. the "new york post" reports in an email to pal rebecca white debbie rowe said this. the friend also says rowe texted her that she would get a big payout. she disputes the claim she is giving up rights. meanwhile jackson's nurse nutritionist lee told her his body was rid dead with track marks but she says she never saw them when she gave him vitamins earlier this year. this is going to look like a scene out of jaws. check out this video of a a thousand pound basking shark that watched up on the shore of

long island, new york. spotted by a group of surfers 50 miles off the inteech beach. it circled for an hour before watching up on shore. beach goers dialed 911 as they rushed to the aid of the 26-foot shark but unable to save it a marine biologist says the shark likely died from some sort of illness. i guess. so some sort of illness? i don't think anyone was out there hunting for shah shark. that wraps up your news for this half hour right now. let go to steve and the judge. gretchen: i can't believe i am sitting on a diner. this is fantastic. steve: we will tell you in a moment about how huddle house which is something like in 17, 18 states, based down in atlanta, celebrating 45 years. steve, walk over here so you can see. they have actually brought an entire diner to our location, we have got real range back here. we have got an actual chef. good morning. how are you doing? they have got coffee. they have got the works. judge: can i have an onion and

cheese omelet and double expresso while you are at it. gretchen: the judge needs his sludge. steve: we are going to talk to the boss in main. talk about air tran, the airline, they are one of the first airlines that is offering free wi-fi service in the sky. it's funny. sorry, my chair. steve: here we go. when you do have wi-fi service up there, suddenly they have got -- there is some rules of the sky, for instance, you should not turn your bathroom -- the bathroom into your mile high conference room. judge: did you have to use that phrase mile high? steve: they are about a mile high. the flight attendant is not your tech support. gretchen: you can imagine all the questions to the flight attendants. hey, you can tell me the web site for such and such? judge: people logging on it

aboard? gretchen: why would you need to bring your computer into the bathroom? steve: sometimes there are celebrities on board. don't take their picture and don't post them online as well. gretchen: you know that's going to happen. steve: meanwhile, let's talk a little bits to the guy from huddle house. here he is right here. how are you? >> thanks for being here. judge: good morning to you. >> good morning, judge. steve: sit down here at your diner. judge: did you have this constructed overnight. >> we constructed this last night. no better way to celebrate 45th anniversary than to construct the diner on the set of fox news. we are happy to be here. steve: maybe a better place to talk to you, phil. take that microphone and go around the bar back there. judge: good idea. steve: tell us about huddle house. where did the name come from? i understand it had to do with sporting events about 45 years ago. >> 45 years ago the huddle house concept was founded. rooted in sports. what the founders wanted to do

was provide a place where folks could huddle up after football games and, thus, the name huddle house. judge: is there something about bad economic times that brings people to a reliable place like this? >> well, we have been fortunate and strategically positioned our brand and chain as a successful 24 hour diner that serves affordable food, breakfast, lunch and dinner 24 hours a day. we are positioned well for these challenging economic times. gretchen: what are they cooking up behind you there this morning that smells darn good? judge: sure does. >> brought in corporate chefs. she is cooking some of our sunrise case deal iquesdillas. steve: let's see her in action. >> we flew in not only our diner set but food from atlanta,

georgia. we are happy to prepare breakfast for the entire staff of fox news. judge: you are a new yorker you are not from atlanta, georgia. >> i am original lay new yorker, yes. judge: have you been what steve, gretchen and i know a new jersey diner. >> yes, i have. judge: how does this compare. >> jersey diners are a staple and some people very highly opinionated about jersey diners. with that said, i think we have captured a unique part of americana with huddle house. we are clearly an icon throughout the entire southeast. we operate 420 diners throughout 18 states. the southeast and the midwest. judge: this is 421st? >> right here in new york city. i knew we would eventually get that. gretchen: that quesdilla is almost done in the time we have been speaking. steve: we know you are a big fox

news viewer and fan. would and we thank you for celebrating your 45th anniversary. >> you do a terrific job. we are happy to be here and celebrate with you. judge: thanks for the breakfast. steve: if people are going to work here in midtown, manhattan, with they stop by for a breakfast. >> we are handing out huddle house new york t shirts and memorabilia to memorialize the occasion. gretchen: come on in. steve: ceo of huddle house, thanks very much. gretchen: we'll be talking about that second stimulus plan that's being floated around on capitol hill. judge: haven't even spent the first one yet. gretchen: is that how it works, judge? we are going to figure it out when we come back. judge: can i have my double expresso? you are one person, but you can move a nation. you can walk with a purpose to end alzheimer's...

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odds of good weather 60%. leaks and lightning have kept the space shuttle grounded for a month. endeavour is carrying hundreds of pounds of food for the space station crew. liftoff scheduled for 6:00 p.m. eastern. you will see it here on fox. coffee lovers listen up. having too much caffeine may actually increase your risk of hallucinations. researchers in england say when they are under stress, caffeine causes our body to produce a hormone that may trigger or exaggerate psychotic experiences. they also say that having delusions is not a sign of mental illness and that many people handle them quite well. judge? judge: you see what a double exprotests so he will do to you, steve. i couldn't resist. president obama promised the stimulus bill would get the economy moving. but most of the money is still tied up in red tape. is there a way to speed up the spending process? gretchen: let's ask somebody in washington.

ranking member of the house freezing rain structure committee john mica good morning,. >> beautiful morning unless you are a taxpayer. gretchen: you got the dig. in congressman, let you get a couple more digs in on the stimulus package. while there is talk of this second stimulus package potentially to be rolled out in the fall have we rolled out the first stimulus package? where do we stand on that? >> well, they are asking for another stimulus package. kind of like asking the public to take another dose of caster oil when the first one didn't work. right now, unfortunately, billions of dollars is tied up in rape tape and less than 1% of $48 billion for transportation projects was out as last week. so, the jobs that were promised are not materializing and even the congressional budget office told them. so.

judge: congressman, do you think that the government is holding up on spending the money and i'm saying this as someone who doesn't think you can cure a problem caused by too much borrowing and spending with more borrowing and spending. but the congress and the president are doing it anyway. they are not even spending the money as they told us. do you think they are holding up spending the money maybe until a little closer to the midterm elections? >> no. i don't think that's the case. i think that 43% of 4 billion that the department of transportation has has already been obligated to states. but the problem is the states and state d.o.t.s have so much red tape and federal hoops to jump through that they can't get that money out there. so, we don't have the jobs. maybe there are some politics being played, but i don't see that. it was -- unfortunately, this huge package, 787 billion was sold as a jobs bill and infrastructure bill and only a little tiny portion really is

devoted to infrastructure in creating those kind of jobs. and even that money can't get out. gretchen: so let's put those numbers into a graft to make it more understandable to everyone this morning. the total stimulus plan was 787 billion. the tax relief. >> yeah. well, tax relief was. gretchen: 288 billion. >> right. >> so we break down the numbers here. but the main issue here that people wanted to know about was how many jobs would be created and one really important question this morning comes to small businesses because we have interviewed a lot of small business owners who say, look, we continue to take the hit here. what about the bailout for the small businesses and wouldn't that have really created jobs across america? >> well, it probably would. some of the tax assistants that was provided, it was part of obama's plan, was probably well intended. but right now with a tough economy, people tend to save everything. what we were trying to do, if we are going to spend money, put it

on infrastructure. we have crumbling bridges, roads, congestion from sea to shining sea. let's do something about that. then you have something tangible left and we can actually put people to work. judge: congressman mica thank you very much for joining us. >> thank you. judge: professional hacker for just under $100 he made this homemade device to show how easy it is to steal your identity. he joins us next with just what you need to know. gretchen: judge, have you ever seen a courtroom brawl like this? all caught on camera. two cameras battle it out outside the courtroom. what sparked this dramatic fight straight ahead.

>> something that our next guest put together for $190.

you could use that to steal people's identity. it's all because of a new program being called little brother. there are passport cards, enhanced driver's licenses. some credit cards. even your company i.d.s have computer chips called rfids that link your personal information. is that a good idea? well, joining us right now from san francisco is chris, the ethical hacker pageant. he invented the chip. good morning, chris. >> good morning, steve. i didn't actually invent the chips in the passport. i'm able to copy them. steve: exactly right. i don't know why it said that in the teleprompter. ok. so people in their wallets right now and in their purses have got all sorts of cards or your passport that have these little devices in them the rfids. and if you go past a reared with it actually give you the information. you can go through lines faster and stuff like that. in february, you took a motorola

reader and an antenna. you got in your car in san francisco. you drove around. and what did you do? >> well, just with the equipment that i purchased on ebay, it's completely unmodified. i mounted it all in my car and went driving around fisherman's warp what were and complete strangers. i happened to drive past and i was able to read their passport card numbers. steve: as they were walking down the street, you stole their identities? >> it's not quite an identity. it's a number that uniquely identifies them. you can think of it as kind of an identity equivalent of a security. it's a unique identifier for a person. steve: now i understand that the state department and also people, the agencies at like easy pass, organizations and stuff like that, they say well, if you don't want these rf i.d.

cards, and chips to be read by total strangers like you, put them into this little sleeve where the radio signals don't get out. is that really practical? >> not really. the sleeves don't always work. the sleeves that come with particularly the washington state enhanced driver's licenses, they have been tested and found to not actually prevent the tags from being read. even so, it's important that people understand that they even have these tags in their identity documents if people don't see the tag is in there and they don't know the tag is in there, they are not going to take any steps to protect their identity from people who have access to the same equipment as me and potentially less moral scriewp pells. screw screw

scriewp pulls. if people are looking this morning and they want to protect themselves, what do they do? >> that's a very good question, actually. there is not a lot of information on what you can do because if you take it into your own hands and you decide to disable the tag in your passport or your credit card, in the passport particularly you could potentially end up in prison for tampering with a federal identity document. home land security hasn't actually said what will happen if you try to cross a border and your passport has had the tag disabled. nobody really knows what the policy is it's very unclear what people can actually do to protect themselves. steve: to protect against hackers, feds and state officials recommend americans keep their e passports tightly shut and store them in enhanced driver's licenses in radio opaque sleeves. so folks look forever your radio opaque sleeves if you want to protect yourself. thank you for joining us and giving us results of your little

test out in san francisco. thank you, sir. >> thank you. >> breaking news this morning. a plane crashes leaves 16 will people dead. we have new information right after the break. then your hard earned money saved general motors so you will be happy to hear that the ousted ceo getting the golden parachute parachute. worth $10 million. you are paying for it and that's not all. and all morning long, huddle house, the chain, is serving up breakfast on our plaza and classic tunes from rb express. that's them. ♪ do the hop ♪ come on ♪ do the hop ♪ [ female announcer ] there are few guarantees in life.

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gretchen: good morning,

everyone. wednesday, july 15, 2008. thank you for sharing your time with us on a very busy news day. a fox news alert. a plane goes down in iran. at least 168 people dead or feared at least dead. we have new details on this breaking story just two minutes away. steve: another fox news alert. a tsunami warning just issued halfway around the world after a massive earthquake rocked new zealand. the very latest on damage and injuries straight ahead. judge. judge: this wouldn't happen in my courtroom, i would hope not. two families go head to head and fist to fist. the brawl, have you got to see this is caught on camera. this is "fox & friends." the best morning show on television. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- gretchen: good morning, everyone. you are looking live at a press conference going on in florida right now in pensacola where family members of the billings family are speaking right now about the murder of their parents. bird and mellowed billings. they were the parents of 17 children. many of them adopted and

disabled. there are now seven suspects in custody. already for the murders. police looking for at least one more suspect. we're going to be taking a live look at the sheriff and his comments in a moment but let's listen in. >> questions or actually can take questions. >> talk about continuing the legacy in this community. ha what are some of the names of the organizations you are working with that your parents were involved with. >> one of the biggest organizations they worked with the westgate center. several of the children have attended school there, dating back 10 years when my sister attended there. something they were very involved in and we plan to continue helping them grow at the school for children with special needs. they are a wonderful, wonderful organization. >> have the children asked about where the parents are? >> they have asked. we have shielded them as much as

possible and that's probably my fault. i know that they need, you know, to know. they have asked questions. it has been talked about with the ones who have asked questions. >> sheriff says robbery was the motive. do you believe robbery was the motive or is there something else that you feel like? >> actually, because this is an ongoing investigation and there is a prosecution beyond, this we don't want to discuss the full details. we do believe it is clear it was a home invasion with the intent to commit robbery. that was clear lay motive. >> ashley, would you be willing to explain to us how your parents met? >> they met 19 years ago. they were introduced through friends. and just -- it was love at first

sight. it sounds cliche but i think everybody knew that from the time they met that, you know, they had both been previously married. but they would definitely be together forever. >> ashley, what do you want the children to know about their parents? >> how much that they loved them. that the children were the most important thing in their lives. they would have done anything in the world and they have done everything for these children. just bringing them into a home full of love with opportunity and i just want the children to remember how much they loved them. >> i think a lot of people want to know why the suspects picked your parents. if you could say something to the people in jail right now. what would you say? >> the justice system will play out and they will -- justice will prevail. >> [inaudible] gretchen: we have been listening

to a live press conference here from the oldest child of the billings who were murdered in pensacola, florida. a couple of days ago. they were parents to 17 children. seven people now in custody. they could be still looking for another suspect. we are going to speak life to the sheriff on the top of the next hour in the meantime we have another fox news alert this morning because 168 people feared dead after an iranian passenger plane crashes in northwest iran. the plane smashed into a field northwest of tehran and shattered to piece. state television says all on board killed. the russian-made caspian airlines jet heading from tehran to are a meania, crashed 16 minutes after takeoff. again, state television reports all 153 passengers and 15 crew killed, most passengers were armenians. we will keep you updated all morning on this developing story. gretchen: yet another developing story this morning. breaking news now the pacific tsunami warning system says a potentially dangerous tsunami huge earthquake that struck new

new zealand this morning. people all over the southern half of the country ran through the streets when a powerful earthquake struck it measured 2.5 minutes measuring 7.8. so far no reports of injury or damage. judge sonia sotomayor back in the hot seat this morning as her confirmation hearings for supreme court justice continue. yesterday the judge was put on the defensive and tried to back away from her assertion that a wise latino woman would reach better conclusions than a white male. on that, she says she was just trying to make the point that wise people can reach very different conclusions. >> i want to state upfront, ungivably and without doubt, i do not believe that any ethnic, racial or gender group has an advantage in sound judgment. gretchen: senator jeff sessions one of the people questioning sotomayor has concerns about her potential bias on the bench. he will join us live in a few minutes to explain his thoughts. bernie madoff spending the first day of the rest of his life in a

brand new prison. the man who was once referred to as a financial genius is now known as prisoner number 61727-054. that's how much money he ripped off. as the buttner federal correctional complex in north carolina. madoff sentenced to 150 years behind bars after pleading guilty to that multi billion-dollar ponzi scheme that wiped out thousands of people's bank checks, everything else that they ever had. six people facing charges after courtroom brawl erupts caught on camera. it began when a man was sentenced to life in prison for killing a former interim police chief. at first, just words were exchanged between the victims and families. then the fists started flying it got totally out of control. the victim's mother was not happy about the chaos. >> here we have been here for a whole year, you know, waiting to see what was going to happen happen and a couple of the guys come from the defendant's side of the family they get upset

with a life sentence. gretchen: the defendant's mother was among those arrested. this is the second fight to break out in that same courtroom in just two weeks. those are your headlines. they needed you in the robe there to say order. judge: i have had fights. these things happen in courtrooms. this is extraordinary that it spills out into the hallway and involves dozens of people. steve: it's rough to watch. judge: a guy threw a shoe at me once. three of my guards dark celd him. steve: somebody threw is a shoe. were new iran. judge: no it was in hackensack, new jersey. steve: same thing. [ laughter ] steve: let's talk a little bit about this, there is a great big. if you go down to washington, there is great big stack of papers, 1,018 pages deep. you can see it right over there. that is the brand new health care bill that was passed by the house of representatives. now goes on to the senate where it faces an uncertain future. but here's the headline. this thing is going to pay for health care.

it is going to sock it to america's most successful. if you are an individual making $280,000 a year, there is going to be a surtax on you. and then it just accelerates of 1%. in two years it could actually double if they don't make enough. if you are lucky enough to have lived the american dream and make a million dollars a year, you will be hit with a 5.4% surtax to pay for it i don't know the last time i ever heard of a a .4% surtax on individuals. judge: i don't remember that either. it gets worse. because if you own a small business and you have salaries to pay and those salaries, those annual salaries equal $250,000 or more and you don't provide health insurance to the people that work for you, the government is going to tax you. if the salaries are little higher than that, the government is going to tax you more. is it fair to soak the

successful? that's our question of the day. does it make sense in a recession to tax the people who employ other people? that's going to result in more unemployment. claims he is trying to get rid of. steve: our question about soaking the successful brought to you by stanley steamer. judge: was i supposed to say the stanley steamer part or not? steve: we asked people an hour ago to email us. you think this is unfair. where are they getting that? judge: ask your member of congress if they read this monday stros -- monstrosity before they voted on it. gretchen: no republican is going to vote for this thing. and that will be a problem for the president. because he did want at least to make this appear on its face like it was a bipartisan effort. if do you not have any republicans voting for this and if if you have blue dog democrats voting on this say nothing god and democrats in the senate saying no go. this thing is in trouble, i think. judge: everybody in congress who votes to raise taxes in a

recession should be kicked out. that's how contrary to common sense tax raises are at a time like this. steve: anybody who is in congress and votes on something and does not read it should be kicked out. as we have learned. gretchen: that would be everyone. steve: as we have learned in the last year or so, most of the very complicated stuff is the staff looks at it ok boss we think this is what you ought to do. we put you there read the stuff. judge judge here is somebody that was kicked out. former ceo of general motors rick wagoner gets a 10-million-dollar retirement package which is a lot less than he thought he was going to get when he became the vo of general motors in 2000. but they haven't done too will under his leadership. and the government owns them now. gretchen: i would love to get the interview though with rick wagoner. wouldn't you love to hear from him to see exactly what went down when the government fired him? was it because he wouldn't go along their structured bankruptcy plan which by all accounts was not a fair bankruptcy plan? is that why?

but his $10 million, interestingly enough, although it's a load of cash, is not -- it doesn't even come near what other ceos have gotten. judge: doesn't come near what he bargained for and contracted to get when he became ceo. steve: that's the key. as we have talked about on this program. a deal is a deal. judge: used to be. steve: this is a guy who presided over general motors, he and the other guys just rode it into a ditch. judge: yes. steve: when he took over it was 92 bucks. on friday it was 1.15. for the board of g.m. to have given him such a lucrative golden parachute to begin with is extraordinary. gretchen: we'll continue to debate these stories throughout the morning. in the meantime, should children of illegal immigrants have a special stamp on their birth certificate? new ballot initiative in california that is causing a lot of commotion. judge: one group looking to block are you ready for this in god we trust engravings from being put on this visitor's center building.

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judge: should illegal immigrants and u.s. born children have the same rights as american citizens? there is a new push in california to stop tax funded benefits to illegals and their families which would also change the way the state issues birth certificates. some say the group behind the measure wants to subvert the 14th amendment. we are going to debate it right now. joining us from los angeles is tony dols. a proponent of the bill. and from fort worth, texas immigration attorney francisco hernandez. why should we containing the law to make a class of persons not available to receive government benefits? >> george, california is going

through an economic debacle. the california taxpayers' protection act would l. bring relief to beleaguered taxpayers and the state that is paying its bills with iou's. it's going it appreciate this through three measures and save the states between 6 and $13 billion. it will redefine the way birth certificates are issued. it will end child only welfare that is directly paid into the parents' bank account. and it will -- that's for all children, regardless of their status and then it will end payments, public benefits to illegal aliens for everything except emergency medical and education from -- judge: francisco, what's wrong with this proposal? >> that's a silly, silly concept. you can't sit there and deny united states citizens certain benefits because of the sins of

the father. you can't just go around and putting stars of david on people like somebody did a long time ago. it's just not right. it's perfectly established undocumented aliens do not receive federal welfare benefits. and if it's at the state level. they are certainly paying their taxes in this case you are talking about children beating up on children for the economic roles of the state and of the country. that's not fair. judge: why take it out on the kids. these children were born in the united states of america. they are as american as apple by pie. they have no control where their patients came from. most instances though here illegally are working and paying taxes. shouldn't those kids get the same benefits as all children? >> california is -- walking away with a completely different impression of this initiative. the initiative does not deny any child a birth certificate. what is t. does is it asks the mother to sign an after the to

indicate whether she is a citizen or a legal resident. and if she is not able to sign the affidavit, then she has to provide additional information. but the states can set regulations on what they will ask to people applying for a hunting license, driver's license or a birth certificate. so that's -- there is nothing radical about that. will not deny birth certificates to anyone. we are not denying benefits to any child born in the united states. judge judge got to go, guys. this will be a battle this fall in the ballot in california. thanks for joining us. judge sonia sotomayor facing some tough questions and asking them. senator jeff sessions joins us live with what's on at that point -- tap for day 36 the hearings. a stunt gone horribly wrong. this plane seen going down. you don't want to watch this or maybe do you crashes into the ground. it's all caught on camera.

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steve: here is our shot of the morning. judge: i didn't see that before. steve: there you have the president of the united states last week in italy. and he certainly tripped on the threshold. watch this. whoa, extraordinarily, this was not really covered by the mainstream media had george bush done this, it would have led all the newscasts. judge: absolutely on the front page of all the newspapers. pictures of servant service agents picking him up. in his defense he didn't fall down, he just falls over something. smoother last night. the president of the made it clear he did not want it to bounce. here is the pitch. watch carefully.

you can tell where the ball lands? absolutely not. gretchen: that's because albert pujolz. judge: notice what the parents is wearing. he didn't make any bonts about who he wanted to win. the chicago white sox jacket. his wife says he looks cute in that jacket. he wants the american league to win which of course they did because they always do. steve: i think they always do. what is it 13 in a row? gretchen: scoop it right out of the dirt. steve: extraordinarily on the television coverage that they showed as it happened. >> they didn't show this. this is where usually you see it and the president he goes -- he caught it. steve: moved up and dug it out of the dirt. we were talking yesterday about the comparison between barack obama throwing out the first pitch last night and george bush who, of course, used to own

rangers take a look at this. gretchen: he was high and away. judge: i saw george pitch throw out a pitch shortly after 9/11 after yankee stadium it was a strike. steve: it was an absolute strike. judge: i have not hesitated to criticize him on anything as a athlete. is he in fabulous shape and has a great arm. steve: great thing about george bush when he threw that out -- i think was it for the world series after 9/11? gretchen: yankee stadium. judge: enor news american flag in the outfield. steve: what's extraordinary is george bush fired that off with a flak jacket on underneath because people didn't know what was going on. gretchen: what was also extraordinary last night is when president obama took to the mound there were cheers but there were also boos. steve: there were a lot of boos. gretchen: i found that extraordinary after a man who was elected so overwhelmingly in november that people would. steve: once again, take a look. the fox cameraman. take a look. he pans to the left and you wind

up not seeing where the president's ball wound up. judge: all right. steve: but, luckily the catcher did step up otherwise it would have bounced when which is not what the president wanted to accomplish. judge: in god we trust on the pledge of allegiance getting the boot from the visitor's center in our nation's capitol couldn't believe this? political correctness run anuclear. we report. you decide. steve: plane pulling off a stunt. watch this. looks like one of those air show things, right? it's not. plane crashed into the ground all caught on camera. we will show you what happened. steve: then actor david arearque stopping by this morning. details on his new adventure. gretchen: all morning long our plaza taking a trip back to the 50's. huddle house stirring up breakfast in our custom diner to classic tunes from the r.b. express. sing it, boys. ♪ ♪ darling, i do ♪ and tonight

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gretchen: half past the hour.

we start your headlines off this morning with a fox news alert. 1 of 8 people have died after another passenger plane crashes. this time in northwest iran. state tv says all on board killed. the plane smashed into a field northwest of tehran and shattered to pieces. the russian made caspian airlines jet was heading from tehran to are a mean i can't. it crashed 16 minutes after takeoff. again, state television reports all 153 passengers and 15 crew members on board were killed. most passengers apparently armenian. we will keep you updated all morning on this developing story. judge? >> thank you, gretchen. another developing story this morning. australia has issued a tsunami warning for its southeast coast that would include the city of sydney. a titled wave generated by powerful earthquake near new zealand is headed in that direction. the australian weather service is calling it a small tsunami. the quake that started it measured 7.8 and centered only 100 miles from new zealand's west coast. felt all over the southern half of the country. no reports of injury or damage.

gretch? gretchen: sheriff david morgan made a promise totaleddest child of 17 whose parents were violently murdered in their florida home. the sheriff has kept his word. >> it is my honor today to tell you ashley and your family, we have found them. and they are in custody. we will be passing out to the press the following package. gretchen: the suspects were all dressed in ninja gear when they stormed that home in a military style attack. two of them may have been at the home before doing work on the property. one suspect is just 16 years old but prosecutors plan to charge him as an adult. all seven, of course, are going to face murder charges. police say there is at least one more person they are looking for who may have taken part in the killings. the sheriff in the case, david morgan, he will be joining us live in the next hour. judge: he has had an affair with a staff's wife. his patience paid $96,000 to the woman's family.

and is he going to be running for reelection? republican senator john ensign says he has support from both sides of the aisle in the u.s. senate. and he plans to earn the respect back from the people of nevada and will run again, gretchen. in 2012. gretchen: all right, judge. president obama rolls out a new education initiative meant to encourage post high school training. >> it will reform and strength community colleges like this one from coast to coast so they get the resources that students and schools need. and the results workers and businesses demand. gretchen: the president spoke in michigan. the plan called the new american graduation nichive aims to help an additional a million americans get degrees and certificates over the next decade. the 12 billion-dollar plan supports community colleges by providing grants and changing the student loan program. judge: i thought we were broke.

another 12 billion. one man's home is now ocean front property. earlier this week a 79-year-old man stepped out of rv to walk his dog. when he came back, the rv which had been parked near oregon highway was nowhere to be found. take a look at this. it's brakes had railroad and rolling down 100-foot cliff toward the ocean. the motor home was retrieved useying heavy duty crane. the man and dog happily were unharmed. gretchen: amazing story of luck and survival for one german family of three. this after a small airplane doing loops flies too low, spins out of control and slams into their car. german police, watch this, say the impact there. tore the bottom frame off the airplane but somehow the married couple and their daughter inside the car escaped with only minor injuries. get, this judge. the pilot also expected to be just fine. that is amazing. judge: that is absolute lay miracle.

gretchen: something else that will have people saying are you serious and amazed at this story is they are talking about not allowing the in god we trust logo to go on the capitol's visitor center new place they spent a gazillion. look now nice it look woo like on the top right there. judge: it's not there because a lawsuit has been filed to block it let's see, it's on the currency, it's been one of the mottos of the country for longer than i can remember. and a group wants to get a federal judge to stop it from being engraved on the place you will go to first when you visit the nation's capitol. what do you think? gretchen: group freedom from religion foundation. as we have seen in many of these cases it's usually one or two people who complain about a situation and then they bring it all the way to the highest level of the courts. many times they do prevail. judge: sometimes they do. i don't think this one will. gretchen: really? judge: here is what congressman steve king denouncing the lawsuit said:

gretchen: i always say the last time i looked at my dollar bill it still said in god we trust. judge: it still says that. gretchen: maybe not in the near future. bring out steve doocy who is outside with the people of america who-to-see what they think of this whole thing. steve: a best of your knowledge of them are here outside our world headquarters because huddle house is celebrating 45 years. they built a diner here. and so we thought this would be the perfect opportunity to poll the audience. steve, let's come in here and talk to some the folks. this is sylvia. how is breakfast? >> wonderful. steve: can't beat the price. >> yeah. steve: what do you think about this group that is suing to stop them from putting in god we trust on the capitol center? >> i don't think they should stop it, you know. i think that they should put it on the capitol center. steve: they say it is unconstitutional and endorsement of religion. >> it's already on our money.

steve: it is on our money. >> whenever something goes wrong we pray and ask god for help so why not? steve: what's your name. >> i'm jamie. steve: what do you think. >> i think it should be on there, absolutely. steve: what do you think about these people -- there is a believe in this country to completely scrub god off of everything. >> there is i think appears absolutely insane. think it should be everywhere. steve: who is that guy across the table from you. >> that's my friend matt. steve: what do you think. >> i think these people who say it's unconstitutional obviously are ignorant to our constitution because anyone who is a student of american history understand that this country was, indeed, founded on judeo-christian yant beliefs and so eisenhower indeed had it right when he put it on the coin and it should certainly be on the capitol building. steve: all right. the capitol visitor's center. it's been there since the cold war. listen to that matt, you should run for something. you have the huddle house crowd behind you.

let's just talk to this random tv and movie star david arquette here at the diner. how are you. >> i'm good. how are you? steve: you are going to come up to talk about why you were in a box in "times" square. >> yeah. steve: what do you think of putting this god n. god we trust. >> i think it's good too. there is nothing wrong with having strong religious beliefs. i think it could either be in god we trust or in rainbows we trust. >> in rainbows? yeah? no. that's just me? ok. sorry. i think rainbows are fantastic. steve: david, please stick around because we are going to talk to david arquette about what he was doing to raise awareness for a lot of people in this country. a lot of people aren't aware of. meantime, i will buy you an omelet. do you want one? one omelet for the tv and movie star please. gretchen and the judge, what would you like? because i would be happy to take your order as well. gretchen: judge will have quadruple expresso. judge: ham and cheese omelet.

gretchen: i will eat whatever he brings. day three of the confirmation hearings. who is asking some of the tough questions? one of the people is senator jeff sessions. is he here live next. judge: secretary of state hillary clinton out of the spotlight for a couple of weeks. is president obama trying to keep her under the radar? we will ask our panel of experts in the next hour. when this hotel added aflac

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gretchen: we're going to let you be the judge on this one. biased or balanced. judge sonia sotomayor confirmation hearings continue today. a lot of attention was paid to her ruling on the firefighters case. that's where she upheld to throw out promotions exam because not enough minorities did well. opposition senators didn't seem too happy with sotomayor's explanation about that case. >> my concern is she didn't recognize it to be that significant or she wanted to

sweep it under the rug and not deal with the controversy of having to decide it. >> i was a little disappointed with some of the answers when i was asking about the richie case and also the second amendment. some putting to her are pretty subtle law. and i think she should have answered them a little more specifically than she did. judge: alabama senator jeff sessions the ranking republican on the committee is getting a chance to question judge sotomayor. he also has concerns about the nominee. take a listen. he is right here with us. steve: ask him yourself. judge: you questioned her yesterday. you watched her for a day. you watched your colleagues question her. i know you read many of her opinions and speeches. you and i read many of the same documents. what are your thoughts so far? >> she certainly handled herself well in a gracious way.

and i think with poise. and took her time to answer the questions. but i do think, as the other senators you have shown said, she didn't really answer the core questions on the richie case, the firefighters employment case. i thought she maintained a view that makes me very nervous that the right to keep and bear arms is not a fundamental right. the way that came out and the way she wrote it suggests that she could very well play a key role in that very decision in the next year or two and she was ruled just opposite as a lower court judge that could be a significant matter for sure. the speech. gretchen: let me ask you this because a lot of people are saying when you do the math that she is going to be on the court ultimately. so what is the goal of republicans and others who may disagree with her rulings in the past? what's the goal for you for these hearings?

>> gretchen, i think it's important for us, first, to do our duty we need to make sure that any nominee about to be giving a lifetime appointment with great power to define the constitution and whether or not god can be on our currency and in god we trust, those kind of things are exceedingly important. we have a duty to do that first and foremost. and the nominee has a number of things in her background that are troubling. she was a member of an organization that filed quite a number of these cases to attack promotions. she is an active leader in the idea of and one the nation's leading expony nents of citing foreign law and american jurisprudence which i think misunderstands some key issues. steve: senator, let me ask you about. this going into the hearings, there was a lot made of her wise latino woman comment. where she says a wise latina woman could have reached a

better conclusion than a white male. she was asked about that yesterday. she said well, it was a rhetorical flourish that fell flat. she did say it six times over 10 years. do you feel she has been completely truthful in her testimony? >> well, she had a hard time with that. first, she told me at the beginning of the day that she actually agreed with justice o'connor's statement quite contrary to that i really had -- was taken aback because she didn't -- surely was disagreeing with judge o'connor and that became clear as the day went along. then she made that statement. no, i don't think she handled that well, frankly. her whole speech. steve: completely truthful? >> well, i think we need to examine that. i think maybe she sees things in a more favorable light. but there is some pretty stark contrast between what she said at the hearing and what she said in her speeches. very clear contrast. her speeches are critique on the

idea that judges can be objective. she even repeatedly said i accept the fact they will not be. i accept the fact my experiences will result in what facts i choose to see. all of that, i think, contrary to what we believe a judge should do. judge: senator jeff sessions thanks very much. we will be watching you throughout the day today. >> thank you. judge: bernie madoff starts the first day of the rest of her life in a brand new prison. we will tell you about his new home behind bars. gretchen: please stick around for david arquette. we are going to be talking to him live. there he is out there schmoozing it up with a lot of our viewers as finishes up eating breakfast. we have a diner all day long. steve: one of those breakfast burrito. judge: i thought you were going to bring me a burrito. steve: pipe down. have you had three. 2002 john walker lynde pled guilty and sentenced to two 10

year prison terms. in 1970 mammaw told me not to come by three dog night number one record in america. . .

♪ steve: goodness gracious great balls of breakfast. our pals at huddle house have created a beautiful diner scene, and moseying over for a breakfast burrito is david arquette. >> i've been in a box above the

madison square garden ticket booth in honor of feeding america, a charity i support, and snickers has started a campaign called bar hunger, and they're donating the equivalent of 3 million meals throughout the year, and they're raising money for feeding america, and they're putting on a lot of snickers, bar hunger, and it will tell different facts about hunger in america, so just to raise awareness. gretchen: one way to raise awareness is to put a star like david arquette in a box so theme with gock at you all day long. >> i love new york, and it's an incredible vantage point, and we're on facebook.com/snickers. people can make donations there. steve: it looks pretty cushy, you have an easy chair up there. >> listen, i'm no david blaine. i'm just there to raise

awareness, and snickers has been kind enough to really get behind feeding america, so if people are interested, go to feedingamerica.org or text bar to 90999 and then that donates $5 to feeding america. gretchen: or they can go to foxnews.com. how many snickers bars did you eat over this time period that you were in this box? >> i've had one snicker bar a day. that's really my limit, but i really do love snickers. gretchen: who doesn't? >> and since they do satisfy hunger. they're not a meal, but it's a snack. steve: delicious and nutritious. there is a member of the paparazzi over there. how would you like to just walk over there and just get a -- lo the catwalk thing, and we'll just watch.

gretchen: come on. >> can i mention sotomayor. i think latina women are very -- have great judgment, but there are some that are just nuts. steve: personal history. gretchen: your wife, courtney cox, is not latina. >> no, but i'm from los angeles, and we know all about the latina women. i don't know what i'm talking about. steve: but she's qualified. >> oh, yeah, she's qualified, but who knows if she's nuts or not. steve: sometimes you're a little nuts. >> i love latina women. gretchen: you're very polite. the front of your shirt says please, and the back says thank you. steve: thanks for stopping by, a round of applause for david arquette. for more information go to

foxnews.com. you want some waffles? >> no, i have to go in the box. gretchen: let's go inside to the judge. judge: still want that omelet, steve. the president promised 9/11 detainees they'd have a say in the process. and disturbing new details in the murder of a florida couple with 17 children. the gang of killers trained for more than a month. we talk live to the sheriff. and you've seen our plaza taking a trip back to the 1950's.

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gretchen: a very good wednesday morning to you, july 15, 2009, thank you for sharing your time with us. a "fox news alert" because a plane crashes 15 minutes after takeoff. all 168 people onboard are dead. this happened in iran. we are live with the very latest on this breaking story. steve: meanwhile another "fox news alert," a tsunami around the world -- as you can see generated a massive earthquake, and it has rocked new zealand. the very latest on daniel and injuries. judge: we've seen whales wash up on shore, but where this beast washed up on shore. get up get up don't hit the snooze, it's time to see fox on the news. 9:00 is when it ends, so don't

you his "fox & friends." [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- ♪ gretchen: that is a classic 1950's music but on by the rv house, put on by the folks at huddle house. 18 states across the southeast, and they're providing the diner. fantastic fun. judge: thank you for the breakfast burrito. steve: huddle house got started down in decatur, georgia, 45 years ago because the people in the town needed some place to huddle after the big sporting events, and they started that, and it has spread, and we are delighted that they would join us to celebrate 45 years in business. gretchen: let's talk about the confirmation hearings for sonia sotomayor because they're going to get under way in 90 minutes on capitol hill. today is day three, and joining us from washington with what to expect caroline shively who's made her way inside to the

building where the hearings will take place. good morning, caroline. >> good morning to you, gretchen, things get fired up an hour and a half from now. we expect another long grueling day of questioning just like we saw yesterday. about half the panel here didn't get time to ask sotomayor some questions. each senator gets about 30 minutes with her. it was a long day yesterday. it was pretty rough for sotomayor. at some points. we expect more of the same today. they'll go behind closed doors to talk about national security and some other things they don't want the public privy to and back out here for some more questions. judge: was she able to explain the wise latina comment yesterday? >> she was certainly asked about it on multiple times, judge. what you're referring to the is statement she made back in 2001 at a speech during berkeley, but she's made it several times in several times over the years. the exact quote is i would hope that a wise latina woman with

the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life. >> i want to state up front unequivocally and without doubt i do not believe that any ethnic, racial, or gender group has an advantage in sound judging. >> yesterday, she called that rhetorical flourish that fell fast, but several senators don't seem satisfied with that answer, so we expect more on that today, guys. steve: i was reading this morning in some of the washington press that apparently republican staff members have been combing through her testimony yesterday all night long looking at her record just to make sure that what she said yesterday actually matches us with what she said in the past, so there is i would imagine the possibility for some fireworks today. >> i absolutely think you're right, steve. they'll be looking at her 17

years on the federal bench as well as all of these speeches that she's made over the years and comparing and contrasting those with some of her statements. some of the conservative senators said look, i like what i'm hearing from you today, but that is definitely at odds with your record and your speeches. steve: the coverage kicks off nonstop at 9:00, about 55 minutes from right now, caroline shively live, one of those office buildings in d.c. gretchen: a passenger plane has crashed in northwest iran, 168 people feared to be dead. iranian state television reporting all passengers and crew onboard have been killed. the plane crashed into a field and shattered to pieces. the russian made cass peian jet was headed from tehran to armenia. most passengers armenians. we will keep you updated. another developing story, a

tidal wave headed for australia right now, it was triggered by a powerful earthquake off the coast of new zealand. very little damage reported in new zealand itself and no injuries. the quake measured 7.8 and was felt all over the southern part of the country. president obama wants congress to pass health care reform before everyone goes on vacation in august. the house begins work today on a package that runs more than a thousand pages. it would mandate insurance coverage for virtually everyone in the u.s. at a total cost of $1.5 trillion. as written taxpayers will pay for it either through tax surcharges or penalties, huge tax surcharges. al-qaeda's number two leader telling the pakistani people that the u.s. is hurting their very existence. in an audio message al zawahiri warned that u.s. interference is dangerous in their future. he called for pakistani people to join the fight against

america. the authenticity of the message hasn't been verified, but it's thought al zawahiri and bin laden still fighting out somewhere in pakistan. bernie madoff spending the first date of rest of his life in a new prison. the once who was once referred to as a financial genius is now known as a number at the butner federal complex. how many did you hand out, judge? >> a lot. there's a wing in new jersey. gretchen: he pled guilty to a multi-billion dollar ponzi scheme that wiped out thousands of people, and there's no laughing matter about that. judge: right. gretchen: passengers on a southwest flight looked up, they saw a giant hole the size of a football in the 737's fuselage. the plane was at 30,000 feet. as the cabin began to lose pressure and had to make an emergency landing. steve hall joined us earlier in the show.

>> the flight crew was awesome. they were in complete control of the situation. a lot of nervous energy understandably. people looking around, what's going on, oxygen masks are dropping, putting them on, but the flight crew immediately came up and down the aisleways to make sure that folks were being taken care of. gretchen: holy cow. that would have been enough for me. thankfully no one was injured in the incidents. southwest airline says there were no other problems with the airplane except that big hole. hopefully they'll get to the bottom of that. something really bad went wrong. judge: absolutely. that's just not supposed to happen. steve: all right. meanwhile seven suspects are now being charged in relation to that murder of a florida couple who had 17 children. judge: here's one of the suspects, leonard gonzales jr. speaking out.

>> the confession of a mentally challenged person, i've cooperated with the investigators from the very beginning, from the very beginning investigators have put it entirely on me, even pushed me before evidence was even gathered. judge: that man is being considered the ring leader of the operation. gretchen: david morgan is back with us live from pensacola, florida, with the very latest on this case. hats off to you for your quick and swift investigative work on this case. you have arrested seven people so far, but you do believe there is an eighth suspect out there? >> we do, and of course we're developing leads on some other persons of interest that are on the periphery sadly of this crime, but at the moment we are looking at an eighth potential suspect, and we know where he is, we know where they live, we're waiting with coordination

with the prosecution. steve: what do we know about what brought these perpetrators together? was there a string that held them together? what was the commonality? >> there's a combination of familiaral ties, there are some that are related together, very casual business ties and casual friendships. what's odd about this case is how just a short time ago, a little over 30 days ago, they tended to gel to get their plan together and train and execute this sad homicide. judge: do we know why they attacked this particular house with 17 children at this particular time in this military style? >> judge, we do, and of course with your time in law and being a judge, you will understand that i can't divulge that information at this time. we're working very closely with mr. bill edens who is our state

attorney, and he's in charge, and we can't release anything that would jeopardize the prosecutorial aspect of this case. gretchen: you do blevg that two of the people may have done work at this home before, and if you can't share that, you can say this was something that was in the planning stages for sometime? >> well, i can share that, mr. gonzalez sr. own add pressure washing business, and in this part of the country there's a lot of mold on homes, and they use a combination of water and chlorine and clean off mold on homes, so he had been out to the billings compound on a few occasions, and then another one of the suspects, mr. wayne coldiron was a day laboring and would occasionally work with mr. gonzalez, so we can place them at that compound on at least one occasion, but a very casual relationship, nothing that was long-term, they didn't bond with the family. steve: casual acquaintances in some cases, sheriff, however, they pulled this off with -- and

it's being described in some of the press accounts with military precision because some of these guys were dressed head to toe in black like ninjas? luckily you had the video surveillance from inside the home where they had an elaborate system to keep track of all of the kids. here we can see some southwest ninja guys. have you ever seen anything like this before? >> no, sir, again, and we've state proceeded the very beginning upon review of these tapes that it was a very well planned, thought out, methodical operation. the piece that's odd and is missing, if you will, in this investigation that we're currently pursuing is why was the video surveillance system left on, and we're looking into that area of this crime also, but we know the seven individuals that entered this compound we currently have in custody, so we have the primary suspects, and they're off the streets, and the citizens of escambia are safe, and the investigation continues.

steve: sure. all right. judge: david morgan, thank you very much, good luck in your luck. >> thank you. steve: straight ahead on "fox & friends" for this wednesday, a stunt gone horribly wrong. people thought ok, that plane's supposed to do that, right? bloopin'? no, it crashed on if ground. all caught on camera. judge: secretary of state hilla hillary clinton has been out of sight for a couple of weeks. gretchen: and our plaza taking a trip down to the 1950's. in six different ways?

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gretchen: have you seen hillary clinton recently? a lot of people are saying where the heck is hillary, and now she's speaking out about the difficulty of trying to fill a u.s. agency job calling it a nightmare. is clint on the out with the president? let's talk to our panel. good morning to you, guys. how about being out in a diner? >> good to be here. gretchen: tina, you wrote what i thought was an extremely interesting article in "the daily beast" about where the heck is hillary, and your first line of the article was what.

>> it's time for hillary to take off her burka. she's just kept too much under wraps. she has to show that she's such a good girl because there has to be no daylight between her and the president because she ran against him, but i think it's gone a little too far, and she has to be allowed a little room to show that she's the secretary of state otherwise it feels like she's playing a backup role. gretchen: governor, wasn't this the whole point? so many people thought wow, president obama really did what he said he was going to do and honor this woman who many believed would do a fantastic job in that role. >> this is the office that was held by thomas jefferson, john qunicy adams, john marshall, a very significant office, the oldest cabinet office, the most important cabinet office, and you have in mrs. clinton an extraordinarily tough and bright and informed woman. the president ought to use her.

she speaks to women and women's issues, that's certainly important in the muslim world, and she's extraordinarily well versed in what's going on in the world. he ought to use her. gretchen: let me turn to the inside track because dana pa re -- perino has been there. >> it's probably slightly exaggerated from our standpoint. it's a juicy story, but there is something to it, and she was always going to have to deal with this which is that no matter what she did they were going to look to see is she saying what the president said. leaders around the world, especially after seeing that she's not been out for a few weeks, even though she did break her elbow, she's been doing good work behind the scenes, but when a leader comes, they want to know if they're talking to the secretary of state, is that the position of the president as well, and that's one thing in our administration with president bush and condi rice, they talked every year, they were like brother and sister, but every president has to

decide what kind of relationship does he or she want to have with the secretary of state. gretchen: people are going to continue to ask the questions. stick around because we're going to discuss health care when we come back. talk about a hot topic on capitol hill today.

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gretchen: as we're all getting fattened up here putting back some waffles and omelets, let's talk a little health care. they're talking about a lot of dollars, 1.5 trillion. let's go back to our panel of experts, tina brown from "the daily beast," frank keating, and dana perino. dana, let me start with you on this one. a lot of this is the political

spin that's coming out of washington. yesterday the house passes this ginormous plan that's going to put a tax on people making over $280,000 a year, they're going to pay for it. how is this going to sit with the american public? >> i think yesterday -- i don't think that they thought it through well enough, and then they dropped this bomb yesterday, and i mark yesterday as a turning point for this bill and possibly for the democratic congress in the administration as one where the people are saying we actually don't want to buy what you're selling, so they're going to walk away from it, and i think there are many house democrats who are going to say this bill is never going to happen and the senate is never going to pass it, therefore, why would i stick my neck out and actually vote for this bill, so i think yesterday was a turning point, i don't think it's a good one for the democrats. gretchen: a lot of people want this to be a bipartisan effort, but will it be? because what republican is going to vote for this? >> i don't think they do, actually. >> remember this. the president proposes the congress disposes in our system.

and the president is looking at lyndon johnson and his leadership role in passing medicare. that's his model. he's got the votes in the senate. they have 60 votes, they with break a filibuster, and he has a healthy majority in the house. to suggest nothing will happen is farfetched, but this is enormously expensive. right now 1% of the population pays nearly 40% of the income tax. the top 10% pay roughly 70%. where's the money going to come from? the big sur tax people are going to retire, work less, or shelter income, so it's going to be difficult to pay for. the american people generally are happy with their health care which means it's going to be tough if there are major, dramatic changes that will negatively impact them. but i'd vote for obama getting it done. gretchen: you believe the senators will go onboard. >> not necessarily this bill. gretchen: you're in favor of one sort of reform. >> more than 70% of the american

public do want something done. 25% of americans who are insured -- sorry, the rest of americans that are insured can't actually afford a lot of the follow-up care because the insurance companies have so much in the small print which says that although they're insured, they can't afford going to the next level of the rehab or the additional things they need, and what the public option does it makes that competition. gretchen: that may be one piece of good news out of this bill, but let's see where it all ends up because a lot of people are saying this is a whole heck of a lot of money. >> nobody wants any more pain. >> people want reform, they just don't want this bill. gretchen: dana, governor, tina, thank you. let's go inside and see what those two guys are up to. judge: why some 9/11 families say the president is not keeping its promises. a live report from guantanamo

bay. and it may look like a stunt, but it's not. in plane had some problems and crashed to the ground. it's all caught on camera. all morning long our plaza is taking a trip back to the 1950's. úb

steve: 8:30 on the east coast. 168 people feared dead after an iranian passenger plane has crashed in northwest iran. iranian state television reporting all passengers and crew onboard have been killed. the plane smashed into a field northwest of tehran by 75 miles and scattered into pieces. the russian-made caspian airlines jet was heading from tehran to armenia. it crashed 16 minutes after takeoff. most passengers were armenians. we'll keep you updated all morning on this developing story. gretchen: a small tidal wave should be arriving on the southwest coast of australia. the pacific tsunami warning center in hawaii says it's only 8 inches high, nevertheless, a tsunami warning was still in effect in australia. the wave was set up by a big earthquake 100 miles off the new

zealand coast. it measured 7.8, but did very little damage, and reported injuries, none. it was felt all over the southern part of the country. judge: a seat at the table, that's what president obama told 9/11 people to expect during the detainee review process. our own katherine carriage went to see if the president is keeping his promise. katherine, what's the latest? >> well, thanks. as you remember back in january the president said he would close guantanamo bay, and in february he promised the 9/11 families they'd have a seat at the table, and some of the families frankly are not happy with the way things are going or the way they've been treated by this task force. earlier this week we spoke to two families who are here in guantanamo, they were able to get seats because khalid shaikh mohammed is back in court, and

one is the father of andrea haberman. she was on her first job with car futures, she was in new york city on september 11th for her first business trip, and she was killed in the north tower. it took them five years to find her remains, and last month when he smoke with the task force he says he just couldn't get a straight answer on whether this country is at war or not with terrorists. we also spoke to the longs. this is the first television interview they've ever given. brian lost his parents on 9/11. they were on the flight that crashed into the pentagon, and melissa lost her boyfriend at that time, a new york city firefighter. they have also been part of this review process with the families, and melissa told us at a meeting in june she came away extremely frustrated. >> i think that the task force members had to be there, they listened, only one of them took notes, and the rest of them just -- they took flack, they took a lot of heat, there was a

lot of questions gone unanswered, but i don't think any real changes came out of it. >> a spokesman for the department of justice told us they welcome all points of view in this review process, and as i mentioned in courthouse tomorrow behind me the longs will be there and the habermans because they want to see how these work. judge: the government works closely with the victims in criminal prosecutions. in this case the president before he became president promise this would be done. is the government sharing anything with them besides just a seat in the courtroom? >> well, they're allowing these families to come into the court if they express an interest in coming, and if they also get a seat through this defense department lottery. what i've been able to glean from these meetings is that they're talking to the families about the status of these cases and the reviews, and they're trying to listen to their points of view.

what i found from the two families that i spoke with is that they feel that this is just a lot of window dressing from the administration. they're listening to them, but they feel that the administration has a predetermined plan for how they're going to close guantanamo and how they're going to prosecute these alleged terrorists. judge: all right, catherine herridge, live in gitmo. steve: the inflation gauge has just been reported. retail prices were up .07% last month, the biggest one-month jump, but they were driven higher by oil and gas prices. prices for those other things only rose .02. consumer inflation in june rose at the fastest pace in 11 months. gasoline to blame. gretchen. gretchen: general motors tanked under his watch. rick wagoner's reward? he was the former ceo who was dumped by the obama administration, now he's getting 10 million bucks. he'll start getting installments

once he retired next month officially. rick wagoner stepped down, fired, in march at the request of the obama administration, but he's remained on the gm payroll ever since. the giant on merged from bankruptcy last friday after receiving $50 million. judge: debbie rowe doesn't want the two kids she had with michael jackson, the "new york post" reporting the shocking email between rowe and her pal. rowe writes do i want the kids? hell no. does it look good to ask for them? absolutely. i don't want to look like the woman who gave away her kids and just forget about them. rowe texted that she would get a big payout, but her lawyer disputes that she's giving up her parental rights. gretchen: this amazing video shows a plane doing stunt loops. the pilot flies too low and the

plane is going to slam into a car. here it comes. my goodness. german police say the impact for the bottom frame off the airplane, but somehow the married couple and the daughter inside that car escaped with only minor injuries, and even more spectacularly the pilot also expected to be just fine. somebody looking out for those people. judge: this one is a miracle. you could never have predicted that everybody would walk away with just a scratch. the 26-foot shark washed up on the shore of long island. it was first spotted by a group of surfers 50 feet off the beach. the surfers say it circled for about an hour before washing up onshore. wildlife officials tried to rescue the shark but could not. the shark likely will some sort of an illness that killed it. gretchen: you don't see that every day. here's something else. a president of the united states throwing out the first pitch at

a really important baseball game like the all-star game last night. did you see it? judge: i went to bed. gretchen: president obama was in st. louis, and he was going to throw out the first pitch. here he goes, he's rooting for the white sox, even though i'm not sure which white sox was on the all-star team, but there he goes. what kind of pitch did he have? judge: we don't know. the camera didn't show albert pujols catching the ball, but he did catch it. gretchen: he scooped it up. there we go. judge: this one we'll see. caught it. gretchen: caught it right there. let's see how president obama measures up to president bush. judge: there you go. gretchen: if i had to compare arms, i'd say bush has a better arm. judge: i think it's a fair conclusion. gretchen: interestingly enough last night when president obama came out to the -- judge: in is the one i saw

shortly after 9/11. as you can remember those were highly emotional times. gretchen: an interesting reception for president obama. there were a lot of colors, but there were boos. steve: there were a lot of boos as well. and right now we're outside because huddle house has set up a diner to celebrate 45 years in business, but what was extraordinary about that shot of the president of the united states at the all-star game was the fact that you did not see where the ball went, and people were saying the most important thing, and the president said yesterday, the most important thing was that he not hit the dirt. well, you know what, follow the trajectory, he almost hits the dirt. here at our little diner right now we're joined by a fellow from tennessee. what's your name? >> alan bradshaw. i love fox news. steve: you're a good man.

>> you guys do great work. steve: that's why we're picking up your breakfast. >> i love huddle house too. steve: what did you think of the president's pitch last night? >> hey, i watched to she if it made it to the mitt or not. in the dirt. steve: what about the camera coverage? you didn't really see what happened. >> and it was fox. i can't believe you didn't have a better shot. steve: fox sports, not fox news. from the outfield you could see the catcher -- it didn't hit -- >> it could have been better. steve: could you do better? >> you betcha. as sarah palin would say, you betcha. steve: what do we have here that we could throw? you have a sponge bob sponge? what brings you to new york city? >> an anniversary trip. we love it here. this is my lovely bride, tracy.

steve: how long have you been married? >> four years. steve: do you think he could throw the ball and it would be a strike? >> i think it would be a strike. steve: you're a loving wife. happy anniversary. i've got to pick up your tab. and the judge is going to throw in a tip as well, right, judge? judge: there you go, stevie. thank you. did you see the look on her face? gretchen: you can tell they're newlyweds. judge: ever hear of a classified web site for conservatives. their conservative, don't need the hand that bites you. we'll talk to the creator straight ahead. gretchen: the man who makes the explosive claim that jackie o had an affair with robert f. kennedy is here next. (announcer) it is the most advanced automobile

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judge: it's a craig's list for conservatives. they fear capitalism is dying, so three suburban moms decided to create a place for like-minded individuals to conduct their business together, steve. steve: it officially launches today. it is called gipper's list. and joining us is mary. good morning to you. >> good morning. steve: craig's list is something that was started by i guess a

guy named craig in san francisco. it was like free classified out in his region, and now it's spread across the country. that's the idea behind your gipper's list, only you're more interested in helping conservatives? is that right? >> well, absolutely. the founder of craig's list, craig newmark is a huge liberal contributor, and that's his prerogative. but those san francisco values show on his web site because they've got the adult service categories. our site doesn't have any adult service categories, and it's much more family friendly. steve: ok. we're taking a look at it. you've got gipper's list in great big letters, and it says buy conservative as well. services like automotive, then general cabinet makers, plumbers, you're looking to help anybody who needs help, right? >> we're really looking especially to help the small businesses in the country. they are struggling right now.

they are the backbone of our economy. if they can't recover, we can't recover, but it's also a place for individuals to post. steve: and, in fact, there's a site for employment. this would be very handy, if you're out of work, you're looking for help, you would wind up working for someone who's conservative, right, if you are like minded? >> exactly, and lots of freelance turns. right now people have to reinvent themselves, it's a great place for people to find employers who support family values and supportive of the military. it's a place where people can come together and share the same values. judge: how do you know that the people in whose behalf you advertise share your values? >> well, there isn't a quiz, although we thought about it. like everything conservative, it is on your honor, it's

self-policing. we ask that our visitors put our bumper sticker on their vehicle or in the window of their place of business, but we really think that when people go to a conservative web site, they're going to be talking shop whether they make those transactions, so we're relying on our members to tell us how that's going. judge: sounds like a great idea, you're launching today, we wish you the best of luck. >> thank you. judge: you're welcome. steve: gipperslist. judge: steamy love affair between jackie and bobby? that's the new claim. the author is here, and he says he knows. steve: judge, thanks for joining us today. judge: it's a pleasure. i've got to run and do radio. let's check in with bret and megyn in washington, d.c.

megyn: there will be no steamy love affair as you mentioned. in fact, quite the opposite as we expect these g.o.p. senators to give it another round today, and we've got one of them coming on with a preview. bret: john kyl had tough questioning yesterday. after the questioning he actually said there might be some questions about veracity. we're going to get into that with senator kyl coming up. megyn: all that plus al franken. . @ w wúwúw

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>> ♪ after a while crocodile see you later alligator ♪ gretchen: i didn't know what a good busesboy you were. steve: on the plaza we have a special guest. c. david heyman. he has written a new book, "bobby and jackie: a love

story." bobby and jackie? >> bobby and jackie. absolutely. steve: a lot of mem knew that jackie -- knew that jackie went on to marry onassis but bobby kennedy was in the mix? >> bobby became a surrogate dad to her two kids and a surrogate husband as it were. the relationship with onassis was going on at the same time she was seeing bobby kennedy. the relationship started about a year after j.f.k.'s death and ended with bobby's announcing his run for the presidency. gretchen: how do you know this? >> i've been writing kennedy books for the last 25 years. this is the fourth, and i might add the last. because after this -- gretchen: you've got all the explosive details out there? >> i interviewed a lot of kennedy insiders, pierre sal yingier, arthur schlesinger jr. after jackie died, they were willing to talk. steve: what about bobby's wife edge yil did she know -- ethyl,

did she know about it? there's a picture, ethyl next to bobby has an angry scowl on her face. she absolutely knew. gretchen: you say jackie o made the decision when he was on death's door. >> yeah. he was in the hospital. he was attached to a respirator. jackie flew out from new york. ethyl who's ultrareligious thought, my god, i can't discontinue his life in a sense. jackie actually said to the doctor, disconnect him, he's gone. i consider that really an act of love more than anything else. steve: this is an explosive book. these are things involving one of america's most popular, legendary political families. there are some people who are saying, look, that couldn't possibly have happened.

>> with regard to the kennedys, people either love them or hate them, depending so no matter what you write, you're going to incur detractors and critics. steve: you're positive this happened? >> oh, absolutely. unless 50 people who went on the record, kennedy insiders, were lying to me. the interviews were all taped. they're all available at the state university of new york in stonybrook. it's incontrovetible. it's definitive. gretchen: an explosive book. it's his last one so you better pick this one up. thanks for being our guest in our special quarters today. get yourself an omelette. >> i could use one. steve: we'll roll on from our huddle house diner. stay with us. ♪

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[ phone vibrates ] ♪ don't you want me baby? steve: it swings wednesday. take a look. wings wednesday means what? >> wings wednesday means you go into any hooters on wings day, on wednesday, and get a boneless platter for $5.99. steve: you can't beat -- that's good. breakfast of the champions. or go to fox&friends.com for more information. gretchen, i shouldn't be talking with my mouth full. gretchen: you know what, steve, you have enough food for the rest of the weekend i think now. we're going to leave the show today with the oldies group. what are you going to finish our show with? >> i don't know. rickie will tell