you go home and -- or i go home, and i do not want to suggest that i am, by the way. [laughter] i do not want anyone to misunderstand what i am trying to say, if i were to go home and get a gun and shoot you, that might not be legal under new york law. you would have alternative ways. . alternativetive ways. >> you would have lots of explaining to do. >> i'd be in a lot of trouble. >> but i couldn't do that under a definition of self-defense. and so that's what i was trying to explain in terms of how why looking at this, as a judge, i'm thinking about how that question comes up and how the answer can differ so radically getting into the hypothetical situation before you.

>> the problem is we think, we doctors think like doctors. it's hard to stop thinking like doctors and start thinking like lawyers. what america wants to see is what the inside of your gut says. i want to move to another area. you've been fairly critical of justice scalia. and making decisions, and the oath that you took outside of treaties, the authority that you can have to utilize foreign law in deciding cases in the courts of law in this country -- >> i have actually agreed with justice scalia and thomas on the point that one has to be very cautious even in using foreign law with respect to the things american law permits you to. and that's an in a treaty

interpretation or law because it's a different system of law. >> but i accepted that. i said outside of those. in other areas where you will sit in judgment, can you site for me the authority either given in your oath or constitution that allows you to utilize laws outside of this country to make decisions about laws inside this country? >> my speech and my record on this issue is i've never used it to interpret the constitution or to interpret american statutes is that there is none. my speech has made that very clear. >> so you stand by it that there is no authority for a supreme court justice to utilize foreign law in terms of making decisions based on the constitution or statutes? >> unless the statute requires

you or directs you to look at foreign law -- some do, by the way, the answer is no. foreign law cannot be used as a holding or precedent or use for interpretting the constitution or american law that doesn't direct you to that law. >> well, let me give you one of your quotes. to suggest to anyone that you can outlaw foreign or international laws based on a fundamental understanding what you would be asking american judges to do is to close their mind to good ideas. nothing in american legal system preefblets us from considering those ideas. we don't want judges to have closed minds just as much as we don't want judges to consider legislation and foreign law that's developed through

bodies, elected bodies outside of this country to influence either rightly or wrongly so against what the elected representatives and constitution of this country says. so would you kindly explain the difference that i perceive in both the statement versus the way you just answered. >> there is none. if you'll look at my speech you'll see repeatedly i pointed out both the american legal system was structured not to use foreign law. it repeatedly underscored that foreign law could not be used to -- what i pointed out to in that speech is that there's a public misunderstanding of the word use and what i was talking about. one doesn't use those things in the accepts of coming to a legal conclusion in a case. what judges do, and i cited justice ginsburg, is educate

themselves. they build up a story of knowledge about legal thinking. about pletches that one might consider, but that's just thinking. it's an academic discussion when you're talking about thinking about ideas. than it is how most people think about the citation of foreign law in a decision. they assume that if there's a citation to foreign law, that's driving the conclusion. in my experience when i've seen other judges cite foreign law, they are not using it to drive the conclusion. they are using it to point something out about a comparison between american law or foreign law. but they are not using it in the sense of compelling a result. >> i'm not sure i agree with that on certain eighth amendment and 14th amendment cases.

let me -- let me go to another short period of time. do you feel it's been said that we should worry about what other people think about us in terms of how we interpret our own law? and i'm paraphrasing not very well, i believe. is it important that we look good to people outside of this country? or is it more important that we have a jurisprudence that is downeyed correctly and followed correctly according to our constitution, and whatever the results may be, it's our result rather than a politically correct result that might please over people in the world? >> we don't lend our decisions -- we don't render decisions to

please the home crowd or any other crowd. i know that, because i've heard speeches by a number of justices that in the past justices have indicated that the supreme court hasn't taken many treaty cases and that maybe it should think about doing that, because we're not participating in the discussion among countries entreaty decisions that are ambiguous. that may be a consideration to some justices. some have expressed that to consideration. my point is you don't rule to please any crowd. you rule to get the law right. under its terms. >> thank you. thank you, mr. chairman. >> and there you have it. senator tom coburn ziering in first on abortion then a big issue the supreme court's use and relines on foreign law in some of its opinions, the judge

saying to senator coburn saying i don't advocate it to make a decision but some o of the more liberal justices and justice kennedy who can be liberal or conservative, ginsburg and kennedy saying it's ok to consider foreign law in certain supreme court law but justice scalia saying it's not relevant. >> couple years ago supreme court struck down the juvenile death penalty. death penalty for any offender who committed the act while under the age of 18. justice kennedy crited foreign law that the evolving standard of decency in this country no longer favor it is juvenile death penalty. well, that angnged a lot of

conservatives saying why are we looking to france for resolve evolving standards of decency. justices like kennedy and ginsburg saying it's ok to consider it but you don't treat it as binding because here we are in america. bret: we saw a little from that and getting into abortion. didn't really get judge sotomayor to make any headway as far as any breaking news about her feelings about precedent when it comes to abortion. earlier she was she said she was asked no question on any legal issue not even by the president. >> i stale think that senator specter is going to be the lead questioner when it comes to

abortion rights. he has his whole chart on row. you will see that live shortly on fox. bret: and if you want more of the sotomayor hearings they will be streaming live on fox news.com. of course breaking since the hearings got underway, jon scott and jane skiner. we'll be right back. >> see you then. jon: bret and megyn: thank you. we are awaiting remarks from the president on his push for big changes in the way you get your health care. president obama expected in the rose garden at 1:00 p.m. eastern time. his remarks will come just after the senate pass ad bill to nationalize our health care. and gop house leaders just held a news conference attacking this plan as costly and way too

complex. >> yesterday the democrats introduced their version of health care reform. and this is what it looks like. now if anybody thinks that all of this bureaucracy is needed to fix our health care system, i would politely disagree. what this is going to do is ration care, limit the choices that patients and doctors have. and really decrease the quality of our health care system. jon: mike emanuel is live for us at the white house. mike, what do we know about what's -- what has the republicans so stirred up? >> well, jon, it's interesting both house and republican senators came out looking to reform health care saying the republicans were not invited to be at the table and that this was not going to improve health care and calling ate budget

buster saying it was going to have a massive impact and generating jobs saying this health care reform will have a huge impact on small business which will end up costing jobs at a time we cannot afford to lose jobs. jon: all right, mike emanuel thank you for joining us from the white house. for a look now at what american voters think of the new health care proposal, a poll shows 1/3 believe a government-run health care system would be a good thing. more than half, a whopping 58% say it would be a bad thing. 10% are unsure. this poll was conduct ad week ago and has a margin of error 1.8%. >> and the deficit crossing the $1 trillion mark for the first time ever. that's about double what it was under president bush.

doesn't eninclude the health care reform. democrats put it at about $1.5 trillion mark. molly i hesitate to ask about the exact numbers. but do we have them? >> yes, jane, we do. at the end of the last fiscal year, the deficit, the government what the government spending takes in more than it does in taxes and other revenues was 454.8 billion dollars. the highest deficit up to that point. you've got to look at what all that looks like with all those zeros. now the obama administration is predicting the deficit will jump to $1.84 trillion by september 30. about four times what it was last year. all this could lead to a jump in interest rates and inflation, which is why people are so concerned about it. jane: somali explain what

happened in the past year. >> well, the deficit had been climbing in the past few years because of the recession and wars in iraq and afghanistan. add in the financial meltdown that happened last fall and the billion-dollar bank bailout and $787 stimulus package in the early months of the obama administration, that puts the country more in the red and with more people sadly out of work and not paying payroll tax it is government isn't taking in as much money and paying out more for employee coverage. jane: what are they going to do about it? >> the president said he plans to cut the deficit in half in his first term. this is going to frame a lot of debate. how does the obama administration, how do

democrats plan to pay for it, looking at deficits this sky high? jane: molly, thank you. jon: a fox news alert president obama now says he welcomes the passage of a proposal wednesday to overhaul health care in this country staying it would ensure fair treatment by patients of patients by insurance companies. they are guesstimating it will cost $1.5 trillion, a half trillion more than has been promised. now to win support democratic party leaders need votes of conservative blue democratics who were insisting on keeping everything under control. what does he have in mind? >> $1.5 trillion, what do you think of that, congress snan >> well, it sounds like a really big number and as the bill is written now, i can't support it.

jon: well, that's bad news for the administration, isn't it? >> well, i think what we need to do, and it's not bad for anyone. it's just part of the process. there's a bunch of us think that we ought to take a look at the health care reform. ask any small business owner how their health insurance premiums are going up. so perform is a good idea but we ought to do it in a way that will not harm our health care system. jon: are there enough rich people in our country to do that, you think? bob: , that's a fair question. i think we ought to be looking at trying to squeeze savings out of the existing system. as the united states of america we spend $2.5 trillion on health care. i think there's a a lot of waste and inefficiency. we ought to be attacking that. jon: one of the concerns that

comes out of the health care industry says there's a push that medicines should be made available to american consumers as they are in canada but the health care says canada artificially limits the prices paid for their prescriptions and forces americans more because americans are paying the costs to develop all these drugs. >> canada and others don't force price controls. i don't like price controls. but it is not fair right now, the united states consumers are paying for the rest of the world when it comes to the development of the drugs. i think it's a trade issue. but the notion of price control, that's a direction i just don't think we ought to go. jon: i know you weren't able to see the chart. i'm assuming you weren't able to see the chart congressman boehner drug out minutes ago,

he said it's the democratic proposal on health care and says it's way too complicated and you have to search phi yourself if changes are to work. would you agree? >> well, health care is a complicated issue. probably one of the most complicated our congress will face in our years. i'm all for making things as simple and transen parent as possible. but i wish wisconsin we would take our time, work through this in a deliberate way and come up with reform. jon: so has the white house reached out to you and other members of the blue dog coalition for something that will make you happy? >> yes. i was with the group that met up with reform and efficiency in our health care system. he said i'm looking for game-changers.

we said we are, too, to make our health care change more fisket. we said give us ideas and we're more than happy to have changes and proposals and make our decision -- jon: and so who wins the argument? >> it's going to take some time. the legislative process is long and as a committee member working on -- hopefully the end product will be something that more people feel but that's the important thing to remember this is just the front end of what i think is going to be a long process and we all ought to work hard. jane: a new terror tape from al qaeda's number two. plus what our government now is doing in response to this tape. also you probably saw these pictures of that deadly metro train crash in washington, d.c.

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jon: the folks at nasa are hoping six is the lucky number. they are hoping to launch the space shuttle for the sixth time. the shuttle is on the launch pad where it's fueled up and ready to go. pass thea had to scrub the launch three times because of bad thunderstorms and twice because of hydrogen gas cleaks. the seven astronauts will head to the international space station and carry with them an important piece of japan's space lab and nasa wants to get this going otherwise it will

have to be postponed until the end of the months set for 6:03 tonight. we will have live coverage of the launch or not when it takes place. also tune in this friday night for a fox news special. apollo 11, one small step for our future. the first manned moon mission, july 16, 1969. a look back at that historic trip. again, this friday, 10 p.m. eastern time. >> brand-new threats from al qaeda this morning. jane: the terror group's second in command has released a new terror tape. you can hear him warning the people of pakistan that the united states poses a threat to their future. scott, start with what we know about this recording. do we know where it was posted and who do we think zawahiri was trying to address here?

>> the media wing of al qaeda and he directly addressed the people of pakistan. he said my muslim brothers and sisters and calling on them to fight against the american crusaders, as you said he said it's an exstenial threat to pakistan and said if they don't answer his call for help in this jihad he said shall only contribute to the destruction of afghanistan and pakistan but we shall also deserve the mighty pain of allah. we know the f.b.i. is aware of this and there hasn't been any verification if it's awe then tuck but previous recordings have proven to be authentic. jane: the timing is important because the extremists there have lost support with some of the pakistan i didn't people, right? >> yes. the majority of the pakistani

people. a recent poll said 81% look at the militants and taliban in pakistan as a grave threat to this nation. that is a corner that's definitely been turned. previously there was a good fair amount of support for the militants. that has since shifted. we've seen that in the support for the military operation recently over the last two months in the valley that is still festering but right now the public support depens the militant move in pakistan is definitely behind the government and the people in pakistan do not want these militants ruling their country anymore. >> thank you. jon: financier alan stanford is accused of stealing billions of dollars from his trusting clients. a fancy wine room for his houston headquarters is some of what was spent. we're going to get a look at what all that money bought,

next. jane: plus the d.c. train crash last month, nine people killed, remember these pictures? so awful. investigators say they are warning train. systems all across the country. could what happened in d.c. happen engine your town?

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jane: here's what's happening now at the bottom of the hour. in the wake of the deadly washington, d.c. metro crash, the new warnings could impact mass transit systems all across the country. we're going to get an update on the group of men charged with the brutal murder of the parents to 17 children. plus, lifestyles of the rich and indicted. an instyle look at the lavish headquarters of stanford financial. jon: in iran a passenger jet crashed shortly after takeoff from tehran. all 168 people on board are

dead. the russian-built plane smashed into a field northwest of the capital shortly after takeoff. the impact gouging a deep hole in the field and littered with wreckage and body parts. passengers and crew members, none survived. the jet was headed to armeinya. we'll have a live report on that crash. jane: the investigation into last month's train crash is now triggering a warning, the national transportation safety board is not even waiting for the final report on the crash. it's getting the word out now that automated warning systems like the one that failed in d.c. may have a fatal flaw. it's really a circuitry failure that renders the trains on the tracks invisible. so obviously incredibly dangerous. nine people were killed when

this train speeded into a train that was stopped ahead of it. looks like the train just didn't pick it up. now thank you for being here, what can be done? what are you telling operators of these train systems across the country? >> we're making sure that the word gets out that if they do have an automatic train system. there's about six across the country that have the same type of sophistication as the one here in d.c. and we're saying be extra diligent and double and triple-check when you're looking at the train control system not only the track but in the control system, and so they are definitely got the message from ntsb and we're sending out a system. jane: the d.c. system said they've been checking it and said checking it once a day is not enough. how can we be sure what is

being done today is ensureing the safety of the people getting on these trains every day? >> i would just send this message, taking public transportation is the safest ride on earth. it is 29 times safer than driving a car, so let's keep in in that perspective. but i would say we definitely want to make things even safer and no type of travel, of course, is completely risk-free. so having people check it more frequently would add another level of safety to it. >> you mentioned the six cities. what are they? >> boston, miami, san francisco, philadelphia, those are the cities that would have what we call an automatic train control system and those cities in boston, also, those cities also have great safety records and just in general and we know that 42,000 people die on our

highways. but when you look at the number of fatalities on rail it's been just 25 since the last statistics we have so riding rail is 29 times safer than going in a car so commuters should know they are on the safest mode of transportation as possible. >> jalm sounds like the d.c. system is out there looking for a new warning system but are having trouble finding them. is there anything out there? >> right now they are probably going to have to research and create it from scratch, and that really is the overall problem when you look at our train infrastructure. we've been underfunded for decades and that's why we're asking congress to help us so we can get into a state of repair. jane: thank you. we'll keep on top of this. >> thank you.

jon: supreme court nominee sonia sotomayor back in the hot seat on capitol hill. sotomayor is being grilled today about abortion. she didn't shed any light on her views saying she was never asked about it by anyone at the white house. our shannon breen is live for us covering this in washington. how does she seem to be holding up, shannon? >> well, she seems a little feistier today. been very deaf renial to the senators and i'm sure the white house coached her on that. we've heard her fiery and aggressive from the bench but we haven't seen any of that today. today she seemed to engage in sparreding with spom of the senators can which pushed her hard on issues. today we knew it probably would when she talked with one of the senator's only doctors. tom coburn, he is pro life and wanted to talk quite a bit about abortion.

they did get into it. it was polite but you can sense she seem to be a little more fithesy today than she had been up until today. jon: some controversial stuff in there. sounds like she's still trying to explain some of that. >> yes. that hasn't been explained away. to folks yesterday when she was finally given a chance to explain herself she didn't -- she took up the text of the speeches and said this does not comport with what you said before and in fact you seem to be saying something very different. this is a question she had today from senator cornyn. >> i'm struggling a little bit to understand how your statement about physiological differences could affect the outcome or judging and your stated commitment to fidelity to the laws being your sole standard and now any litigant

can know where that will end. >> so clearly, jon, they still have a lot of questions about those speeches. no one's quite convinced with her explanations. jon: and how does today play out? >> we still have the first round of questioning. each gets 30 minutes. now arlen specter who was republican now turned democrat. he'll be interesting to watch and also al franken. he became a senator about a week ago and now has this top shelf assignment. he seems took taking it very, very seriously and it will be interesting as those two come up to watch then we could go into a closed session dealing with background checks and personal situations and then a second round or questioning will kick up where the senators

get a second chance. >> thank you. jane: want to remind you that hearing is streaming live on fox news.com. as you may know the supreme court recently reversed one of sotomayor's ruelings in what's called a discrimination case. some were unfairly denied promotions. some of those firefighters are at today's hearings. carl cameron caught up with their attorney. take a listen. >> i think if anything the new haven firefighters show that what senators from both sides of the aisle is true which is a nomination to the highest court can have an impact on the lives of every american and the reason why i think the senate invited these gentlemen is because they more than anybody else show just how true that is. >> we're going to hear more from that attorney and carl coming up in our next hour.

jon: a giant earthquake knocked out new zealand. the underwater tremor did generate some waves less than eight inches high, though and posed no real threats. buildings they're the epicenter showed minor cracks. the great quake was felt all across the south island. jane: storms hitting the gulf coast today may affect the shuttle launch. janice is here to tell us. ooh, are those live pictures? >> looks like live pictures and if the shuttle was launching now, i think they would have great weather. jane: let's do it! come on. j.d. says let's hit the button. >> but the timing has to do with a certain time. and unfortunately, yes, thunderstorms are in the forecast again a 40% chance

we're going to see thunderstorms in the neighborhood of the kennedy space center. right now just looking at showers and thunderstorms on the west coast of the peninsula but as we head into the afternoon, daytime heating sets in and we could see the chance for thunderstorms. winds out of the south, 5-10 miles per hour. hit or miss thunderstorms is not going to be good for this region. real quick i'm wanting to see showers and thunderstorms. and flood advisories. so we can keep an eye on this space shuttle as we go from the day today. jane: thanks, janis. brand-new details about these awful brutal murders of this couple in florida. this couple had adopted 13 kids with special needs. and then they had some of their own. investigation now say this was no random attack plus the oldest daughter of bird and melanie billings is now speaking to reporters.

we'll tell you what she had to say about these awful crimes. jon: plus as we await remarks on health care reform, democrats are pronlsing they are going to get this thing done whether they get a single republican vote or not. the fight is getting fierce. keep it here on fox. >> where we have a president who is determined to get it done as well and prepared to expend whatever capital to achieve the and get this accomplished. that makes us bring together the synergy and opportunity to do what every other congress and administration has been unable to achieve for almost seven decades. has progress taken us to a better place? i'd say it's taken us for a ride. honestly, what thanks do we owe progress? we're up to our necks in landfill, and down to the wire in resources

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walden university. a higher degree. a higher purpose. jane: want to get to break news from the state ga georgia. a missing big rig but what it's carrying is the story. >> $8.8 million worth of prescription drugs in this big -- yeah. and the truck itself is worth $100,000. and at this point the police don't even care about the truck. also i just got off the phoenix with temple, georgia police and they said this happened a couple days ago and we didn't want to tip off the guys as to what they were carrying but by now they have found all sorts of things like blood thinners, cold meds, pharmaceuticals to the tune of $8.8 million

missing. they say the truck was unmarked so there's nobody no way anyone from the outside would have known. you know sometimes truck drivers will take a shower, he was just gone for a second and told police he came back and the big peter built was gone with all of these drugs inside of it. now they are full tilt tom find this thing and they have put all their resources on this. get, this there were cameras at the truck stop but they hadn't put recorders in them yet. they could have had a picture. jane: lesson learned. harris, let us know what happens. >> will do. jon: a fox news alert and the breaking news in the murders of the couple that adopted 13 special needs children in addition to their own kids now they say the suspects trained for the home invasion for

several months. several suspect ins custody but the man hunt continues for at least one more. brian wilson is live in pensacola, florida with new details on that. brian, i hear there's going to be a news conference in an hour and 15 minutes from now? >> actually it would be at 1:00 eastern time there would be a press conference with the sheriff. now look we have seven people in custody and the sheriff says the murder is solved. the murder is completely solved in his estimation but there's always been one other person of interest. today said yesterday this person might be someone who aided or abetted and they weren't sure if they were going to bring charges but at this press conference the sheriff will come out and identify this person, they will give a picture of that person and say to us this person is a person of prominence in this community, someone well known in this community, someone of

statueture and will find it very interesting but at this point it doesn't appear any charges are being leveled against this individual so that should be interesting to watch at 1:00. one other thing that's developing here, as they try to solve this will murder case, a lot of other information crossed their desk. and as a result of that information, other investigations are being launched into the activities of certain businesses. these investigations are crossing state lines into over states and these may even go to foreign countries none of those states or countries have been identified but what we are hearing is as they started to investigate this case they provided information to a lot of other law enforcement agencies, maybe even the feds and other investigations are underway. there are many shudes left to drop on this particular case but we haven't quite figured out what it is that's going to drop here but when it becomes revealed to us it will be

jaw-dropping and eye-opening. jon: that takes it to a whole different level and talking about a person pretty well known in the community? at first it looked like this was just a random killing done by a bunch of street thugs. >> we know this person is known to them and they know where he is. and now in a short while we're going to know who this person is and why they are so fascinated by this slid and again say to us a person of prominence in the pensacola area. jon: i'm sure you'll bring it to us live. thank you. jane: lifestyles of the rich and indicted and we're going to take you into the lavish headquarters of the stanford financial headquarters. he stands accused of defrauding his investors out of $7 billion. you're going to get a look at what he spent some of that money on. . %%%%%%%%%%%%%%%%

jon: taking a look at wall street, check out those numbers. up 184 points right now. colin is watching it from the fox business network. >> encouraging news, all relative, of course, the way that things have been going, but economic data not as bad, less of a decline than we expected. speaking of better than expected, the technology is really doing well today thanks to what intel had to say after the closing bell last night. saying that in this quarter, the current. , a pretty good for attack. stocks are doing better than that, the nasdaq in percentage

terms is up 2.7%. a pretty good day. jon: thank you. jane: houston, alan stanford, accused of defrauding investors, there is breaking news about what is happening. adam has been on the story since the beginning. >> the receiver in this case, the job is to get the money back to pay the victims, with a motion to evict the daughter, randy, along with his first wife. this is the mother and daughter from here and -- here in houston. so, that is happening, as well as an auction, including behind me before -- stanford financial group headquarters.

they say this building is over the top. look inside and understand why. one of the first thing you see here is this, hard work, a clear vision, value for the client. what the client did not know is that the lawyer representing james davis told fox the other day that from the very beginning this entire financial empire was a fraud. his office is right here behind these mahogany doors. this was sanford's control area. this was a conference table over here, not his desk. you cannot see a lot because of the boxes. all mahogany. over here, this is green italian marble, top of the line. there is a cricket bat, he was a huge fan of cricket. there is incredibly huge carpet, rugs like this can cost close

to $100,000. look at this floor, check out the in late. talk about having a truly opulent office, it is nice. this is the top floor. people in houston will tell you that this building is over the top, that this is their case is an example. this is a fully functional, professional, a commercial kitchen. check out the wind. maybe a nice glass of wine after a meal. clients were brought into the media room. this glass wall is a projector with a screen. they would watch movies, videos, in which they were sold. and after all of that clients were brought to the fourth floor. on this table they would buy their investments, and it was

over. all of this is up for auction, including the spectacular wine collection. although some of the line probably tastes more like feet been great. jane: [laughter] i was going to ask you if you managed to smuggle anyhow. for the record, i will take the kitchen. put it right in my house. thank you for the inside look. jon: i will buy you the run for you. [laughter] jane: looks expensive. jon: house democrats want to know about a highly classified potential program that would have targeted leaders of al qaeda. coming up, we will talk with the ranking house intelligence committee member about all that. welcome to the now network. population 49 million.

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[captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- jon: a. fox news alert, we are waiting for an update in about one hour from the pensacola sheriff, who is going to be telling us about the murders that rocks that community. this couple, murdered in their home by what i originally looked to be some kind of a street gang. jane: this will the pensacola couple had adopted 13 children with special needs. they were brutally murdered. now, authorities are telling us that at 1:00 we will hear the latest about the person of interest in the case, saying

that this person could have been a prominent member of the community. welcome to "happening now." noon on the east coast. 9:00 p.m. specific. jon: 9:00 a.m.. jane: what did i say? jon: 9:00 p.m. jane: [laughter] a long morning. the man behind the 9/11 attacks, telling the families of the victims but they will have a seat at the table. families say that they have been left in the lurch. jon: tonight, we have heard about launches of the space center kennedy before, but is this the day that it finally gets off the ground?

jane: families walked away after an airplane crashed into their car. wait until you see this video. jon: we are waiting for president obama to step into the rose garden and make a full- court press for health care reform. in about one hour the president is expected to endorse a bill that house democrats introduced. by their estimation it will cost 1.5 trillion dollars over 10 years. an independent preliminary analysis says that the plan will lead to a cost explosion. 31 business groups are already sounding the alarm, putting out a letter that reads in part that the proposal in its current form needs serious revision, and they remain concerned over health-care reform becoming more costly for employers and

employees, the stabilizing their system of health care coverage. let's get to stuart varney from the fox business network. guns are already out on this one? >> they do not just oppose it, they hate this proposal. you have got a full-scale revolt brewing right now. basically, small business hates it for three financial reasons. one, paying for it, the house proposes a surcharge on high income. lots of small income people face a big tax increase. no. 2, they face fines and increased costs if this goes through, because this bill says that everybody has got to be covered in a small business. if you do not, you pay 8% on your payroll. a huge increase in cost. 3, they can already not borrow money. small business cannot get access

to the money that it wants. three financial problems with this bill and they are in revolt. jon: even the house and senate bill, all of them being discussed, every single measure saying that they need to be covered. the house bill stands apart because of the way that it will be paid for. this tax on the rich is different from what we expect to come out of these proposals. jon: thank you, stu. jane: this morning, the first vote from the senate health committee, narrowly passing a plan that fell along party lines, the voting yes and no. here's part of why. take a listen. >> this bill will not meet any of the presidential goals.

we have had speed in the drafting process, allowing the bill to come to committee only half drafted and, and later we got the other half. the reason that the other half not, was because it drove up costs even more. we are talking about a $1 trillion problem that will be caused by this bill, and it will cover less people. jane: president obama is relief pressing lawmakers to get something passed before the august -- president obama is really pressing lawmakers to get something passed before the august recess. so much is riding on this thing, but this is just a house bill. why the rush? of >> because the air is starting to seep out of the balloon, if you will. there is some slippage in the president's poll numbers. we just saw the deficit next

year, it will be four times as large as this year. we are headed to $2 trillion, even before you factor in this health-care thing, which is supposed to cost, as you reported, another $1.50 trillion. there is only so much political capital held by a new president in office, and it is generally of knowledge that if this president does not get this passed by this summer, the prospects of passing it next year are much slimmer. it is now or never. i do not want to say that there is desperation or panic in the air, but they are getting very concerned in the administration. obama is doing this event in the rose garden that had not been on the schedule until this morning. they're putting out advertisements, they are summoning lawmakers the white house to give them to really

move on this. so, they are putting on a full- court press and he realizes that this thing might be slipping away from him. jane: it is confusing, what is out there. ultimately, break it down for us, what should we as viewers and taxpayers be looking for? these initial plans, will they be passed in some way? >> i do not think that the plan that we saw passed out of the senate committee today will be the one that becomes the law. it is not likely, there are so many plans coming out of various committees. the senate committee most likely to have the more realistic plan is the finance committee. we have not seen that yet. stuart varney was correct, they would all basically have everyone covered and the question would be have to pay for it.

what has got everyone's attention, the surcharge bringing it up to a 5.4% additional attack -- additional tax on the rich. many of these rich our business owners that create jobs in the middle of the recession. do we want to kill prosperity and punish achievers by soaking them with additional tax? that has got a lot of blue dog democrats very worried. >> that is on top of the income tax increase as well. >> exactly. jane: thank you so much. a reminder, we are waiting for the president to speak in about 50 minutes. we will have those remarks live when we get them. we have polls that show what you americans think about health

care. people were asked if they would support a plan that would insure all americans, but limit doctor and health care choices all. 66% said no. another poll for you, this one asks if you supported a plan that lower cost, allowing choice for doctors and hospitals but did not insure all americans. this one is evenly split. these polls were conducted two weeks ago by the clinic that -- when a piat university. jon: breaking news on a story that we brought you in the last hour, that missing a great guy and georgia. harris? alexis: imagine this, a big rig truck carrying $8 million in prescription drugs, including blood thinners and other things,

they might be inside of his unmarked tractor trailer, disappearing -- is tied to the cops calling me back, i will let the machine to get out. interstate 20, georgia, 45 miles outside of lantana. i have been asking the cops about why the word did not go out sooner. were there reporters or cameras? the answer was that they did not know what the guys might have in there. now they know that the public as to help them before they start to unload for cash that $8.8 million worth of drugs, prescription drugs, inside of that big rig. there were not any reports -- reporters in the truck stop cameras. we are working on that. this is the second big rig that has been taken from the same pilot truck stop in georgia. we need your help. as soon as we get a license

plate number, i will bring it to you. alexis: thank you. jane: we are waiting for more details on a deadly plane crash in iran, a caspian airlines jet on its way to armenia. 15 minutes after takeoff it smashed into a field. we will show you video from the scene. emergency workers say that it is not recognizable as an airplane. 160 people on board. amy it has been looking for the latest developments from the bureau in london. any clues? >> absolutely, so tragic. all that we are hearing is that it was some sort of technical difficulty, which is clearly obvious in looking at the video. the fact that the airplane was destroyed into such pieces is clearly shocking. there was really only one piece

that was truly recognizable as a part of an airplane. people are talking a lot about the safety record of aviation in iran, and why air crashes have happened with some frequency over the last few years there. jane: let us know if you hear more. jon: a guy in maryland tries to out month -- out run a police chopper. wait until you hear what happens when he ditches the bike. jane: a stunt airplane spiraling out of control, right above the heads of a family in the wrong place at the wrong time. this video is pretty breathtaking. jon: we are also waiting for a news conference in florida on the case of those murdered adoptive parents. police say that they're going to name a new person of interest. if you're taking 8 extra-strength tylenol...

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jon: some caught on tape footage for you, caught in baltimore: over a motorcyclist for driving without tags. what did he do? he took off. officers on the ground it decided not to follow because it was a relatively minor offense. the guy we used in and out of traffic, hitting speeds of more

than 100 miles per hour. he eventually ditched the bike in the next county, trying to get away on foot. luckily no one was hurt. new developments in the secret cia program, exploring an operation that would have killed al qaeda leaders, all without notifying congress. house intelligence committee members are studying this matter. the likely outcome would be a full congressional investigation. on its face, not what is objectionable about the cia making plans to go after some of the top of people that killed so many americans? >> i do not think that there is a major problem with it at all. americans all knew that immediately after 9/11, they

were all trying to identify ways to thwart al qaeda, contain them, and kill them. i think that what you are seeing here is a continuation of the 2008 campaign. the president, the administration, democrats in congress, taking every opportunity-the previous administration rather than moving forward on important national security issues. jon: that is the job of the cia, is it not? protecting america? >> that is right. after 9/11 everybody always ask why they did not do their job. now when we find out they were doing their job, exploring all kinds of their ways to capture al qaeda and thwart them, eliminating them, spending $1 million on a particular

program, then finding out it was not the best program to move forward, base grabbed it and eliminated it. i am not sure why anyone would think this would warrant a full- scale congressional investigation. jon: we have a ban on assassinating heads of foreign nations in this country, but no ban on killing leaders of foreign terrorist group, is there? >> we are killing them as we speak in iraq and afghanistan. we are taking legal action against al qaeda members, the taliban, and various targeted al qaeda leadership. it's happening every day. it was done under the bush administration. that policy continues today. >> president bush authorized to those killings back in 2001.

congress was aware of them, right? >> correct. president obama is continuing the policy. jon: the allegation is that there is an allegation that vice president dick cheney instructed the cia not to tell congress about some elements of an assassination program. >> right, dick cheney. going back to their playbook. if they can bring him into the discussion, democrats in the house and the administration want to take the opportunity. perhaps dick cheney looked at the program and said the you do not need to brief congress on this because, guess what, this plan either isn't ready or we will not approve it, we are not going in that direction. one, we do not know if dick cheney told them not to brief congress. we also really have no idea as to what his motivation might

have been. it might have been the same one the democrats in congress might have had if they had looked at the program. the democrats might actually find that they agree with president dick cheney, rather vice president dick cheney. john kelly will be interesting to see what happens. thank you, congressman. jane: when the president promised to shut down gitmo, he met with families that have lost loved ones in the attack. he promised the that what he called a seat at the table. families say that that is not what they have gotten. also, we are waiting for a news conference coming out of florida in the case of these adoptive parents that were brutally murdered. police say they will be naming a

new person of interest after all of these arrests, and this somebody is well known in the community. a prominent person. ♪ weekendville, togetherville, tastyville, feed your summer fun with the full, juicy flavor of johnsonville sausage. johnsonville. sausage is all we do.

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jane: when president obama announced that he would be closing guantanamo bay in cuba, he promised the families of the victims that they would be involved in reviewing what happens to the terror suspects. do these families feel any closer to finding justice? the question that katherine harris has been asking. it sounds like the 9/11 families are there this week as well? >> that is correct. 5 9/11 families were here this

week, able to secure seats through a defense department lottery that will allow them to sit in the courtroom when those conspirators are back in court. going to the father of andrea, his daughter went to new york on her first business trip on september/11 -- on 9/11. she got to the tower early so that she did make a good impression in the meeting. the father said that it took five years to find all of her remains. in june he went to a meeting for the task force that reviewed guantanamo bay, and he said that we could not get a straight answer as to whether we were at war with al qaeda and he left the meeting extremely frustrated. jane: catherine, i know that you spoke with another 9/11 family who is frustrated with the

process as well, right? quite right, we spoke to them for the first time they have given a television interview. they said they were speaking out because they were concerned with what was happening with the process. melissa lost her boyfriend at the time, a new york city firefighter. she was also at the meeting in june with the task force, and she said to me that she left that meeting extremely frustrated. i think that the task force members had to be there, they listened but only one took notes, and they took a lot of flak, a lot of heat. i do not think that any real changes came out of it. >> i have spoken to three families involved in this

process. they said to me that they felt this administration had gone into the process with a good idea of how it was being worked out. the there listening, but that they are not going to do anything concrete, welcoming all points of view in this process and determine to close the prison, as the president has promised. jane: thank you. jon: we are waiting for president obama to step into the rose garden, making a push for health-care legislation. is there such a thing as bipartisanship when it comes the future of health care reform? asking some republicans, not so much. here is a fired up john mccain from a news conference in the last hour. >> this plan will force millions of americans out of their current coverage, the coverage that they now want and believe

in, into the government plan. that is not keeping with you have if you like it. it will leave millions of americans uninsured. elections have consequences. this is a glaring example. we have committed another act of generational theft, bringing an unsustainable fiscal burden on to future generations of americans. , one of the least savory and most bizarre i have been involved in in my years in the senate. for little bodies with fevers.. and big bodies on high blood pressure medicine. tylenol works with your body... in a way other pain relievers don't... so you feel better... knowing doctors recommend tylenol... more than any other brand of pain reliever.

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jon: a fox news alert, take a look at what it was happening during the break. this is in los angeles. a suspect driving an suv that did not yield to police. they started chasing him. he was driving on flat tires for a time, then he took off

running. that never works out well. the police had a helicopter keeping an eye on him. our friends from kktv were keeping an eye on him as well. running around like he doesn't know where he wants to go, that was a momentary scare that we got for a moment. the just kind of runs around on the side of the road. he knows that he is caught, he does not know where to go, out of breath and out of gas, tackled by the los angeles police department. that is the end of that. jane: we are waiting for a news conference from the authorities in pensacola, said to begin in about 30 minutes. investigators say that they're looking for yet another suspect in the murders of a wealthy couple, byrd and melanie

billings. a home of a shared with 13 adopted children. the couple, we are hearing the latest from authorities that the latest suspects, on top wall of the other rest we have seen, the latest suspect is described as a prominent person in the community. brian wilson is on that. brian, what do you know? >> i have picked up a little bit more information that clears this up. the other day we were told that there was an 8 person of interest that was perhaps going to be looked at, possibly facing a charge of aiding and abetting the other seven people charged with murder. at the time the sheriff said they knew who the person was, and they knew where they were, they were just waiting to decide to bring charges. since that time that person has vanished. so, they have decided to send out a picture of this person and

an all points bulletin, because they want to talk to this person further about his or her possible involvement. the person is said to be a person of prominence in the community. we are hoping for more information in about one hour. we are told that the case of murder is solved. we are not really clear what this other person's involvement could be. in a different -- addition to the information that they have already gathered, they are launching other investigations using the information, possibly into other countries. we are trying to get more information about that. jane: this group of men that are being arrested, kind of hard to describe because of their different stories, but what do we know about them? >> the mastermind of the ninja

invasion of a home that led to the deaths of bernie and melanie billings, he is the father of one of the drivers. the guy worked at a details shop, and it is not clear what his involvement is. one of the guys has a military background. a wide ranging group of people that just kind of knew one another. apparently they practiced endlessly for this particular invasion of the home just a few days ago. they have been working on this for as many as 30 days. in the detail shop in the nearby county there was a guy involved, according to police, and he kind of a vanished of the screen. we are still putting the other a lot of pieces of the puzzle.

we are ultimately told that when the whole story comes out, it will be rather draw dropping. we are waiting for the press conference at the top of the hour. the who is this person of prominence? jane: jaw dropping is the phrase if there ever was one. thank you. jon: scientists are trying to figure out what caused a 20 foot shark to wash out and eventually die of a new york beach. researchers believe that this chart was suffering from some kind of a list. it is not the usual thing for a sick shark to do this. basking sharks are actually pretty rare, feeding mostly on plankton. they are not considered dangerous, but they are huge, the second biggest fish in the ocean. my daughter, the 11-year-old, was very sad. she was out on the beach when this happened.

jane: a little girl into sharks? she will keep the wrong boys away. i like that. [laughter] we are taking a live look at the white house. we are waiting for that news conference of florida as well as the president to make remarks from the rose garden. at the top of the hour he will be pushing his top domestic priority, health-care reform. a senate committee passed a vote along party lines this morning. in the house the democrats have introduced their own version of the bill. they would raise taxes significantly to insure all americans. democrats are in full control, republicans are being shut out when it comes to reform and health care. we have got both sides here. we have the former adviser to the mitt romney campaign and a special assistant to bill clinton. good morning to you both. josh, bottom line for taxpayers,

spending more than $1 trillion? we want to know what we are getting for this money. are we getting what we really need in this country? the congressional budget office put out an assessment of the bill, saying that at the end of the decade after spending more than $1 trillion they are talking about 20 million people still not having insurance in the country. >> i do not know about that. all i know is that the health care system is broken right now. premiums have doubled in the last nine years, twice the rate of rate -- wages. republicans are quick to be the party of no, and i understand it is their job to fight with the president, but we need solutions and we are taking steps to fix it. we cannot -- we have to move forward and that is what the president is doing. jane: a couple of different

organizations presented plans but can they really get to the root of the problem, or are we just trying to get things under control? >> the large price tag is the untenable thing on the table. healthcare is a problem in this country. democrats agree that it is an important issue to address. but democrats, as senator mccain said earlier, elections have consequences. the problem needs to be addressed in a way that is questionable in a time frame being jammed down by the white house with the fallout site message power of the obama campaign legacy machines jamming up the pressure on senators.

are we moving too quickly on this? jane: is it possible -- we heard republicans complaining this morning, it is impossible to have bipartisanship on this? >> i think so. you can take a look at a variety of different models out there. i would like to believe that on an issue like this we would be able to come together and move the ball forward. looking at solutions closer to the state, understanding the root problems of cost being limited to a few places. ultimately much of the bill that came out of the house is really pay back to a protection plan for a lot of unions, taking a gouge out of small business people and individuals that file

with small businesses in a way that kills jobs. jane: josh, i just have 10 seconds. >> with respect to my friend, republicans have never shown any interest in working in a bipartisan manner. what is going on is untenable and we have to do something about this. we cannot keep kicking the ball down the road. let's get together and do something. jane: thank you. jon: rick wagoner is officially leaving general motors of august 1, but his pension package is worth more than $10 million. he was fired after 32 years with the company after the government stepped in to try to save general motors. he would have walked away with a package worth about twice as much had the government not step in. jane: looking at wall street, but get that.

the dow jones, 188 points. we will get the updates on what is happening from fox business network. jon: sonia sotomayor, president obama's pick for the highest court in the land, getting grilled on her infamous wise latina comment and a case involving the new haven fire department. carl cameron is watching and all, he has the latest for us. i guess that republicans are done, but democrats from here on out? >> that is right. they will be going into a closed door session after that. a formal and routine situation. because she has been in nominee twice before, it will be a speedy process. then we go to round no. 2. we should point out that the

firefighters in the controversial reversal discrimination case came to the capitol today to be in the hearing room a. we have video of them as they marched through the capital. they attempted to apply dramatic pressure to the nominee. the supreme court overturned her decision on this very case. they wanted to come here and he is the one at the center of the screen. he will testify as a witness tomorrow, he and his colleagues. jon: carl, keep an eye on that. thank you. jane: president obama now has 32 of those czars working for him. they are doing jobs that would

usually be assigned to cabinet secretaries, who are approved by the senate. is this constitutional? a top democrat is saying that it might not be. jon: this tape is horrifying, but the story is amazing. the airplane, the car, the collision, the family. what happened?

( crack of bat, cheering ) not playing with the kids? not on these legs. poor leg circulation.

doctor says it's p.a.d. peripheral artery disease? hmmm. more than doubles your risk for a heart attack or stroke. so i hear. better ask your doctor about plavix. plavix can help protect you from a heart attack or stroke. plavix helps keep blood platelets from sticking together and forming clots, the cause of most heart attacks and strokes. my cousin the m.d. call your doctor about plavix. (male announcer) if you have a stomach ulcer or other condition that causes bleeding, you should not use plavix. when taking plavix alone or with some other medicines including aspirin, the risk of bleeding may increase so tell your doctor before planning surgery. and, always talk to your doctor before taking aspirin or other medicines with plavix, especially if you've had a stroke. if you develop fever, unexplained weakness or confusion, tell your doctor promptly as these may be signs of a rare but potentially life-threatening condition called ttp, which has been reported rarely, sometimes in less than two weeks after starting therapy. other rare but serious side effects may occur.

jmartha: there is a lot being decided about the future of health care right now. we are going to get you up to speed. trace: the thing that is fascinating is this story from the couple in florida. 17 kids, murdered. that news conference begins at the top of the hour. now they are saying that the person of interest is a prominent member of the community. talk about an interesting story, we will bring you that coming up at the top of the hour. jon: and of -- amateur video, capturing it by plane doing stunts in the sky over germany. some of these are stunts that pilots practice all the time. scary, but they do it.

unfortunately the pilot does not come out of the dive in time, and he's message -- he smashes headfirst into a family car after just missing some other folks on the ground. incredibly, the family managed to walk away with only a few cuts and bruises. the pilot suffered minor injuries but was not even hospitalized. the airplane, as you can imagine, destroyed. jane: already, president obama has named 30 czars to help secure and work on multiple issues. much of this work was assigned to cabinet secretaries in previous administrations. they do not need to be confirmed by the senate, and even prominent democrats are asking where the oversight is and if it is constitutional.

are they? >> critics argue that day and violate article 2, volume two of the constitution, giving the senate power to advise on nominations. the one complaint from critics is that they cannot compel them to come to capitol hill and testify. that would be a relatively small number, including the national security adviser. condoleezza rice and declined a senate invitation, senate subpoena to come and testify about the evidence of the nonexistent pedroiweapons of mas destruction in iraq. others, like the drug czar would have to testify. jane: what do constitutional scholars say about it? >> there is no constitutional

issue here, according to some. there is only a political issue. while you have got criticism from democrats, including robert byrd, longstanding champion of the legislative branch, saying that the president's czar's given the president's powers, most criticism comes from republicans out of the white house, complaining that they eat into the minority status of their congress. jack kingston is addressing the issue by legislation today. jane: wendell, thank you. jon: by fixtures from the kennedy space center in florida where final preparations are under way for the schedule launch for the space shuttle endeavor. several astronauts have their things pact. the weather and mechanical problems have scrubbed five

previous attempts. could this sixth try be the charm? , unlock a sensory wonderland, overflowing with an amazing combination of seven tantalizing flavors your cat craves. friskies signature blend. feed the senses. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. but with aleve, i don't have to worry about my knees hurting. only two aleve can stop pain all day. that would take three times as many tylenol arthritis pain. aleve works for me.

last month, this woman wasn't even able to get around inside of her own home. they chose mobility. and they chose the scooter store! if you or a loved one live with limited mobility call the scooter store! no other company will work harder to make you mobile or do more to guarantee your complete satisfaction. if we pre-qualify you for a new power chair or

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jon: if at first you do not succeed, this is the sixth attempt to launch the space shuttle endeavor. if there are no weather delays or mechanical problems, liftoff is scheduled for 6:00 p.m. eastern tonight. how confident are they that this ship is going to fly? >> as confident as they have been every day this week, which is pretty confident, but you never know. right now the weather patterns in florida are dynamic, changing by the minute. the space shuttle is sitting

empty right now and the final inspection team is checking around on the launch pad, looking for any kind of buildup on the external fuel tank, they have already completed pumping have a million gallons of liquid oxygen into the fuel tank. extremely cold, that is how you can get icy buildup, even though it is 90 degrees out. he made. if the launch window was right now, it would be a red flag. just in the past few minutes we have had rain, thunder, lightning storms moving within the kennedy space center. none of that is allowed to be within 20 miles of the launch pad or the landing strip, which is extremely important. if the space shuttle launches and has to abort the mission, the external fuel tank would be jettisoned, add -- as with the solid rocket boosters. in this case they would then have to glide back to the

kennedy space center for a safe landing. you cannot have lightning activity within 20 miles, or any unstable rain storms, because you need a solid line of sight. this is a just a momentary pause. we still have several hours ago. the key moment will be the last 20 minutes, that time before 6:03 when the launch director will do that round robin go, no go, with all of the division chiefs. that is what led to the previous scrubs. we are hoping for a successful launch tonight at 6:03 p.m. we will be here live, jon. jon: we are looking for the launch director to call bret baer at 6:00 p.m.. if they're ready to launch, he

will have it for you live. the anniversary of the lunar mission is coming up, do not miss our hourlong documentary, one small step to the future coming up on friday, at 10:00 p.m. eastern. do not miss our special coverage of that launch coming up this evening, 6:00 p.m. jane: cigarettes are getting more expensive all the time, but one smoker paid for a pact with his debit card. the amount on his bank account would leave most countries broke. wait until you hear. welcome to the now network. population 49 million.

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visine totality. no other drop does more. jon: the news conference started early in florida, where they are looking for one more suspect in the murders of byrd and melanie billings. >> she rented the property occupied by lawrence patrick gonzales jr. and his family. >> [inaudible] >> we have identified the several individuals -- seven individuals that enter the compound. >> [inaudible] [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- >> pamela lavern long. >> [inaudible] >> i did not mention a realty company. she also has some also known