jane: "the live desk" will be covering that for you. gregg: "the live desk" begins right now. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- martha: thank you. we begin with breaking news on the health care bill. harris: hello, everyone. martha: many compromises have been put forth and now we are told that a bipartisan group of senators is meeting in secret, and they are closing in on a deal, and we may start to get a sense of what health care might start to look like. it might be more interesting, in some ways, what is not in the bill. james rosen is on capitol hill. we just got an update on health- care negotiations from senate

democrats. where do things stand now? >> the overall picture right now is that it looks doubtful that senate democrats will agree on health care package before the end of the week. nevertheless, we just heard from john kerry of massachusetts and his colleague from west virginia, and they had some interesting things to say. john kerry made it clear that he feels he has 80% of the support he needs to put a provision in the bill to tax cadillac insurance plans. they expect to raise $100 billion but they would need another $200 billion to reach the overall $1 trillion goal here. he was also asked about the possibility of no government option in the final version that emerges. there might be something about a co op plan.

his colleague, senator rockefeller, simply said that he has read up on the history of co-ops and it is not very nice. martha: that leaves one to wonder how there are going to cover the uninsured. tell me what is happening on the house side. we know there are ongoing efforts by democrats to bring along some of those blue dog democrats. how are they doing on that side? >> that is also something that is ongoing. we had a closed door meeting of the blue dog democrats. an emissary from the chairman of the energy and commerce committee briefed them behind closed doors today.

we understand from some of them we talked about the briefings that there was some progress, but it is very much still a work in progress. >> we are not there yet. our biggest concern is making sure we control cost, and that has to be determined by cbo. they have to give us their estimate of what it will cost. until we get that, we will not be ready to support a bill. >> until they get some measures from the cbo, and they will not be voting. martha: very interesting. thank you. so all of this begs the question, where does this leave president obama as he watches the fate of his top priority? brit hume is with me now.

i was interested in what we just heard. he said we have to hear what the cbo says. we all know that they have been contradictory to most of the plans, saying you cannot finance it this way and it will not save money. >> that has been a big obstacle. blue dog democrats in the house -- 52 members -- they are all worried about that because the people in their districts are the type of people who tend to worry about deficits. all of this makes a certain amount of sense politically. any proposal they come up with will have to be run by the cbo one more time, which gives us the possibility of another ruling that says that it does not save much. not only would that be a worry for the president, but everyone else on capitol hill.

martha: what if we do see a version that the blue dog democrats wanted? are we seeing a change in the dynamic of the democratic party? is it turning into something different? >> in order to get the majority they got, the democrats needed to get certain support in specific areas. blue dogs are actually representing red districts. there are certain boats where there are not ready to line up with the leadership. they have supported the leadership so far. nearly all of them voted for stimulus, cap and trade, which is now extremely controversial. they are being asked to walk the plank a third time. this is something, that on certain issues, the democratic

leadership will have to grapple with from time to time despite the fact that it has a majority. and remember, because of the majority, they do not need even one-third of the blue dogs. they only need about 14 of them or so for the plan to go through. there is another question about doing it that way on a party- line vote. martha: that is interesting how you laid it out. if you are a conservative running in their district, you have some fertile ground if this group loses. >> if democrats can get enough members to pass, those who supported and will be vulnerable to attack for voting in this

trillion dollar entitlement program. the payment mechanism appears to be flimsy. i think a lot will be up to the cbo. you have to say that a key player in all of this is doug elmendorf. he has shown himself to be remarkable. peter orszag repeated this idea, and nancy pelosi can grumble about the cbo. but under the way they operate, they are the agency whose numbers need to be regarded. he is a key player in this. martha: and secret meetings, it has been a long time said that has happened, right? >> making sure to save the

maximum amount of money. what ever it does, the cbo says, it may not do much. martha: thank you, as always. harris: now to some of the other stories making news. in the top box, a homegrown terror plot busted. seven suspects arrested in north carolina and now the fed's said they are looking for an eighth suspect. the accused ringleader described by neighbors as mild-mannered but the indictment tells a different story. in the middle box, and driven to distraction. think talking on yourself on my driving is dangerous? it turns out, there is something else that causes even more accidents. in the bottom box, breaking news in the death of michael jackson.

police and the a r rating the home of jackson's's former dr. conrad murray. police sources told the ap they believe murray gave jackson a powerful sedative hours before he died. sources also told the ap that jackson used propofol for two years in order to help himself to sleep. a professor of anesthesiology at des university of california irvine is with us. some are outraged that the drug would be used in that way because we know how badly it can be. the doctor at the center of this, what do we need to know about propofol? >> it was a drug that was designed to induce and general anesthesia. by the way, that is a medically- induced coma.

when you go to sleep during surgery, it is not the same as going to sleep at night. we are essentially inducing coma. then we can control your body functioning. harris: i did not mean to cut you off. i wanted to get this question in. is this a difficult thing to prove, that something went wrong? they have had a search warrants and it seems like they are building a case against conrad murray. what might they find for a sign that something went wrong? >> perhaps bottles of propofol. as far as looking at the area, they may be looking for intravenous equipment.

perhaps they're looking for results that propofol was in fact it administered to jackson. harris: i know that you have strong opinions about how wide this case could go, but what do you think about it? >> it is a question of building the case and prove that propofol was used. one story is whether or not it was used. if it was, who used it, who administered it, and what kind of monitoring was used? when you go under general anesthesia, do you actually know who is providing you that anesthesia? you choose your surgeon very carefully, but do you know who is providing the propofol? harris: have doctors said that

they would be in trouble if they were discovered using this drug in a home? >> absolutely. this drug is only available at the hospital and outpatient facilities centers. it is not controlled but you cannot go out and buy it at the pharmacy. if your heart rate is lower, you have to monitor your often been level and you have to be able to administer oxygen. if your patient is not breathing -- which by the way, is not a side effect of the drug. if your patient is not breathing, you need to be able to provide breath for the patient. harris: it sounds like you need

something like an operating room here. thank you for your insight. martha: it is the deadliest weapon used against our troops in iraq and afghanistan, improvised explosive devices. now a new way, possibly, to stop them. mobile broadband. 31 are streaming a sales conference from the road. eight are wearing bathrobes. two... less. - 154 people are tracking shipments on a train. - ( train whistles ) 33 are im'ing on a ferry. and 1300 are secretly checking email... - on a vacation. - hmm? ( groans ) that's happening now. america's most dependable 3g network. bringing you the first and only wireless 4g network. sprint. the now network. deaf, hard of hearing and people with speech disabilities access www.sprintrelay.com.

combines two powerful medicines for fast relief of your diarrhea symptoms, so you can get back out there. imodium. get back out there. medicare supplement insurance plan card. you know what's great about this card? wherever you go, nationwide, your coverage travels with you. and that's just one of the many reasons... you need the card you can trust . because with aarp medicare supplement insurance plans, you can apply year-round, talk with personal health insurance advisors... and so much more. if you're turning 65 or older... or you've already enrolled in a medicare supplement plan, call for this free information kit... and medicare guide. these are the only medicare supplement insurance plans... exclusively endorsed by aarp. these plans, insured by... united healthcare insurance company, help cover some of your medical expenses... not covered by medicare alone.

this could save you thousands of dollars. want your choice of doctors or hospitals, virtually no claim forms, and no referrals needed to see a specialist? call for your free kit. yep... this is one great card! [ bottle #2 ] is he better than us? i mean i feel like it took you like three times longer to do whatever he did... dude, dude, he's got...these -- like -- microscrubbers... magic man. he's a magic man. [ male announcer ] remove three times more grime per swipe with the mr. clean magic eraser extra power.

harris: welcome back to "the live desk." in the top box, the senate judiciary committee giving the green light to supreme court nominee sonia sotomayor. the committee voted 13-6. in the middle box, we are watching the dow. right now is down 56 points. in the bottom box, the secretary of defense is in iraq.

secretary gates will get a firsthand look at the future of the u.s. military mission in the region. martha: it is the biggest killing device in the wars in iraq and afghanistan, ied's, and they have taken the lives of more than 2000 soldiers. they are responsible for almost half of the injuries we have seen so far in afghanistan. now the military is giving trainer -- soldiers special training to detect and destroy these bonds. that is where we have kris gutierrez. -- these bombs. >> far too many soldiers have died or been injured from these things in theater. with me is the sergeant leading the training. you can see behind us, part of the air force is also being trained. they believe they see something,

so they stopped? >> yes, we have provided an artillery shell as part of the training. right now, they believe they see something, so they halt the formation and are communicating with each other to confirm what they see. >> this is important training because our men and women in the armed forces see this kind of thing all the time. you return from iraq recently. how important is the training there? >> it is very, very important. we found more ied's than what hit our unit actually, so it is very important.

>> it is a constant cat and mouse game that you are playing, and it is not a game at all, but as soon as you come across something in you believe you know how they are operating, it changes. >> that is right. their strategy keeps on changing. that is why we need to continue to be trained -- creative and our own training. >> quickly before we wrap up, these devices can be detonated with something as simple as a remote control controller. you can see behind me that these soldiers are keeping their head on a swivel, looking for anything that could be a cause for concern. martha: we hope the work they are doing there will help them in the field in iraq and

afghanistan. thank you. harris: they may be the youngest victims of the battles in afghanistan, kids as young as nine brainwashed to be suicide bombers. ♪ music up and under. vo: will you find a day off in aisle 17? vo: or family time in aisle 12? vo: well yeah, because when you save money on simple things, vo: it adds up to some pretty amazing things. vo: walmart saves the average family $3,100 a year no matter where you shop. vo: what will you do with your savings? vo: save money. live better. walmart.

who trust liberty medical. harris: welcome back. young, brainwashed, and trained to kill. pakistani forces rescuing a dozen boys who were kidnapped by the taliban, and told it was their religious duty to become suicide bombers. the boy is seen here ranging from ages 9 to 15. they are not alone, there are hundreds of others like them on the battlefield.

with me now is a senior fellow of the heritage foundation, peter brooks. my question is how these kids are likely acquired. are they kidnapped, do they go willingly? >> all of the above. they are recruited, seduced away, taken away by these people in given promises that the children will be given an indication and room and board. you have to remember that they are a very poor country. some parents are willing to send their kids to these madrassas just for a meal. there are quite a number of ways to lure these kids away from their family. harris: i imagine seeing one of these kids has to be quite jarring.

what does this tell you about what we are up against? >> it is an indication of the amount of evil that we are up against. oftentimes, these children fly under the radar of security forces. you would not think of them as a security bomber, as well as women. worst of all, perhaps, is the fact that the pakistani army believes that as many 1500 children may be among them. harris: what would their life be like inside these camps? >> i do not really know. my sense is the camps are not at the front line of the battle. they are away from the battle,

where the training takes place, just like our soldiers. in this sense, they are probably the way and a regular school. the government may not know what is happening inside that school. the fact is, in many locations there are being brainwashed to become suicide bombers. in some cases, thery are even taught that their parents are infidels. this is a terrible situation and needs to be addressed through the military, economic development, a better school systems. harris: such a jarring look at what we are up again and that part of the world, as well as but these children are being exposed to. martha: we are waiting for president obama to start an

important town hall meeting on health care. can he sell his plan to a room of the aarp members? they will have a lot of questions for him. and texting and driving. we knew it was bad, but not this pabad ?7 what heals me? girls' night out. and for damage from acid reflux disease, my nexium. announcer: for many, one prescription nexium pill a day can heal damage to the esophagus that acid reflux disease may cause over time. and nexium can provide 24-hour heartburn relief.

headache, diarrhea, and abdominal pain are possible side effects of nexium and other serious stomach conditions may still exist. announcer: ask your doctor about the healing purple pill. learn how you can save online. if you can't afford your medication, astrazeneca may be able to help.

harris: we have a brand new information on three big stories happening. a committee vote today on sonia sotomayor. but must go to shannon bream. >> she is one step closer to becoming a supreme court justice. the vote was largely along party lines with only lindsey gramm crossing over to vote yes. next is the full senate where additional republicans and democrats have said that they will support her nomination. harris: now to marianne silber

or who is here on the arrest of those terrorists. >> authorities are searching for an eighth suspect. seven were arrested and charged with conspiracy to murder, i injured, and kidnap people abroad. they were also charged with firearms charges. daniel patrick boyd is believed to have conducted terrorist training as recently as last month. harris: jonathan serrie is reporting as well on the h1n1 vaccine. >> the first human trials will take place here behind me. it is one of the eight locations in the country where researchers are and i would not only safety and effectiveness, but trying to determine the best dosage. health experts say it is likely

people will need to get two vaccines to fully protect themselves. harris: thank you. that is your news whip. martha: they are giving some introductions here at this aarp event. the president will be taking questions from people about the health care reform bill that he wants to see passed. let me bring in the panel as we wait for the action to get started. tucker carlson is with us in washington from the cato institute. kirsten powers is here in new york with me of the "new york post." when the question comes up, i thought we burgoyne to insure the uninsured, where is the public option, what is the president going to say? >> probably something like we are still working on the details. they have said that they are willing to go ahead without a

public auction. i think obama always suspected that this was the case. i remember him being lukewarm about it, then he got pressure from the left and said that he would try to have said. i think he may try to come up with something watered down and passed it off as something big. martha: perhaps a signing ceremony, we passed insurance reform. at least it sounds like we are going in the right direction. of course, one of the question is how this will be paid for. we heard john kerry say that they are $2 billion short of that $1 trillion market in getting all of this paid for. tucker, do you find this heartening? >> i cannot believe they got even that close. martha: it is pretty hard to understand. >> even a year ago we did not

use the t-word, but now people are throwing it around. by the way, that is just an estimate. the problem seems to me in medicare. no matter what happens, that will be a big part of this health reform. that is extremely expensive. this latest idea that we are going to tax certain medical procedures, private medical insurance -- that is not sustainable over the long term. i do not think anyone is really thinking that we are going to cover the uninsured by taxing the rich. martha: if you like your insurance, you can keep it, but if it is really good, you will be taxed 35% as a benefit. >> i do not think that will fly.

they also are coming up with things like attacking plastic surgeons. we may have been underground rising for botox. martha: tucker carlsson would be quite upset about that. >> people use botox all the time. do you want to know what they look like without it? it is anti-fun. i am drawing a line in the sand here. martha: i am sure you will be pleased to hear that that part of the plan is not getting any real attraction. -- traction. somebody said, they came up with

a pretty creative idea. can you imagine what the doctors think? >> people are already paying out of pocket for this. martha: apparently new jersey is the only one that has that law. >> that just means that people will go to new york, or what ever. i really believe there would be an underground place where people could start getting these drugs. maybe they will just go to other countries. they are going to get their plastic surgery, or burn this. >> -- regardless. >> the bottom line is, that stuff works, and i'm going to do what i can to get it. martha: of want to let everyone know we are watching this aarp

news conference. i do want to continue our conversation here, so talk about the politics. we are going to speak to orrin hatch. he took himself away from this group of six. do you feel that this senate compromise that we are working to without a public auctiooptiod perhaps not these taxes on benefits, do you see that forming into something? what are things looking like here? >> i do not know. i spoke to a friend of mine, and he said he watches cable tv all the time, read all of these newspapers, and has no idea what is going on. i think in the ad in will be a watered-down bill. it won not be anything massive.

-- it will not be anything assets. democrats always talk about the uninsured, but the majority of americans are happy with their insurance and they are curious why they may have to change doctors, while prices may go up. they are scared and he may not have made his best pitch for it. martha: what happens to the uninsured? >> that is a very smart analysis. if you own account the uninsured for 12 months or more, it is fewer than 10 million. that is a pretty small group. you are never going to pass something dramatic on their behalf. by the way, i think he will have a problem with the left. some of these groups do not want to say watered down bill. democrats have the majority and they have the right to ask for

what they want. martha: always a pleasure to have you both. harris: thank you. in addition to watching the president, we are also watching this story. surprising findings on texting and driving. find out how much it increases your chances of crashing. i've been growing algae for 35 years. most people try to get rid of algae, and we're trying to grow it. the algae are very beautiful. they come in blue or red, golden, green. algae could be converted into biofuels... that we could someday run our cars on. in using algae to form biofuels, we're not competing with the food supply. and they absorb co2, so they help solve the greenhouse problem, as well. we're making a big commitment to finding out... just how much algae can help to meet... the fuel demands of the world.

caused by a completely blocked artery, another heart attack could be rking, waiting to strike. a heart attack caused by a clot, one that could be fatal. but plavix helps save lives. goes beyond what other heart medicines do alone to provide greater protection against heart attack or stroke and even death by helping to keep blood platelets from sticking together and forming clots. ask your doctor about plavix, protection that helps save lives.

(female announcer) if you have 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 or 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. (male announcer) if you take plavix with other heart medicines continuing to do so will help increase your protection against a future heart attack or stroke beyond your other heart medicines alone. you may be feeling better but your risk never goes away. help stay protected, stay with plavix.

to being able to manage your diabetes properly. it's very important for me to uh check my blood sugar before i go on stage. being on when i'm feeling low can be like a rollercoaster. it does at times feel like my body is telling me to do one thing... and, my mind, my heart is telling me to do something else. managing my highs and lows is super important. with my contour meter i can personalize my high/lo settings so it really does micromanage where my blood sugar needs to be. i'm nick jonas and never slowing down is my simple win. harris: welcome back. president obama making a push for health care in front of a very influential group, senior citizens. we are now watching his remarks, and if he makes news, we will bring into you. we also have this streaming at

foxnews.com, speaking from the headquarters of the aarp. in the middle box, michael jackson's personal doctor -- conrad murray -- that is his home. they are executing a search warrant. that is his home inside of an exclusive country club area in las vegas. we will let you know about the latest in that case as they continue the investigation. in the bottom box, iranian authorities releasing 140 people arrested in street protests during last month's disputed presidential elections. you are going to have to look down for a few seconds, you tell

yourself, to send a text message, while driving. that is all it takes to cause a potentially fatal crash. the study from virginia tech shows the danger of texting while driving is even worse than previously thought. researchers installed cameras inside vehicles for a year and have to look at the problem and they found drivers were 23 times more likely to be involved in a crash while texting because you are looking down. and it was not the only problem. drivers were six times more likely to crash while dialing. seven times more likely to crash just reaching for the phone. and joining us for more on the findings is the director of the virginia tech transportation group. obviously, this is a growing problem. 14 states and the district of

columbia have enacted laws to ban text messaging. what else did you find out that may shock us? >> you would think that it is common sense not to take your eyes off the road. what they do not realize it is the relative risk of everything they are trying to do. the shocking thing is not the fact that texting is dangerous, but how dangerous it makes driving. 23 times greater risk is a huge number. harris: yesterday we reported a study that showed the danger of texting among train conductors and bus drivers. do you think this is a situation where texting while driving should be outlawed in more places? what do you believe could get

these people to stop? >> informing the public is important. but yes, policymakers, lawmakers need to pay close attention. not only is 1texting 823 * risk, there are quite a high number of text messaging among youngsters. i believe it should be outlawed everywhere. harris: and injury epidemic you have called it. you saw this when sell funds first became popular. some states outlawed speaking on the phone while driving. it does not seem to slow anyone down, so you have these statistics, and they are pretty during, but i am wondering, it

is not just texting. it was other things, too. >> as you mentioned, yes, things that take your eye off the road like reaching for your phone and dialing are also hard. what we also found was talking and listening to a cell phone is not nearly as bad. the risk is there, somewhere between1 and 1.3 times and driving down the road, but you are talking about an increase of about 30%. if you are talking about dialing, 500%. we need to be aware of the differences. a 11% of people are using a cell phone at any given point in time during the day. people need to know how to use them safely and what to avoid. harris: as you do this study, i

am sure that you will get a lot of input from lawmakers around the country. it seems like common sense. are you texting right now? if you were driving -- martha: they have to enact serious flaws around us. this is one area where the government can do great things. seat belt laws, cell phone restrictions. at least it restrict their use. i think they need to get really serious, especially for young people. i thought it was strange. you cannot do it when you are a novice, but not if you have been driving for awhile? harris: new hampshire have some pretty tough loss. they can take away your license permanently. -- tough laws.

martha: we asked you how many text messages were sent last year. one trillion. if we had $1 for every text message, do you know what we could do? maybe pay for health care. [laughter] there was a 1134% increase in text messaging since 2005. i and texting more often, too. some big moves under way. 225 miles away from us. there they are, the shuttle endeavor undocking from the international space station. now their mission is to make it home safe.

martha: right now president obama is speaking to and aarp group taking questions in a town hall for run. of course, he is entering health care questions, and we will bring some of that to you. it is dreaming on foxnews.com. in the meantime, orrin hatch was one of those senators who originally tried to hammer a compromise, but last week, he walked away, saying the white house and congressional leaders were the ones standing in the way of a bipartisan compromise. he is with me now. good to have you here. >> nice to be here with you. martha: talk to me what they are talking about now.

some of what we are hearing is a 35% tax, possibly, on these cadillac plans, the best of the best. is there anything happening in the group of six that would make you willing to go back to the group? >> not that i know of. they are trying their best to come up with a bipartisan deal, but he is very limited on what he can come up with because the liberals are dictating what need to be done. the president is speaking to aarp right now and they have come up with this approach that would have been independent medicare advisory commission which would put itself between you and your doctor and ration care for us, especially senior citizens. these are the types of things that really caused me great concern. martha: we just heard from john

kerry. he says that he thinks they are making progress on a plan that would pay for the $1 trillion plan. he believes they are $2 billion short. what do you think of that? >> by the time they are finished, it might be closer to $2 trillion, maybe more. what they want to do is tax insurers rather than taxing those in the top bracket. that happened before with senator brown day. people got up in arms about it. the people who were the most angry were the union members who had these cadillac plans. martha: the main thing they want to know is what is this going to mean for me, for my family? you have seen how things work in

washington for quite a long time. what is your best estimate on how things could change? >> these are two very partisan bills. the house committee is trying to pass a very partisan bill. in the senate, the health committee passed a very liberal bills. senator baucus is trying to bring about a bipartisan bill, but he will get in the middle of those two, and they will crush him in conference. then we will have a very liberal health program and many people will be under their medicare expansion approach and forced to go into medicaid. in my opinion, there will be a government plan where the government runs health care. medicare is already 39 trillion dollars in -- $39 trillion in unfunded liabilities.

why do we want to hand this over to the government? i tell you, i do not see much hope in getting a bill that the american people can support. one other aspect, there is a provision in the house committee bill called comparative and effectiveness. we tried to make sure that that could only be used for clinical purposes, not for rationing. they shot down every anti- russiaration idea that we had. martha: you feel strongly of this is going to go through anyway. >> actually, i do not. they are going to have a rough time when the american people figure out what they are trying to do. we have at least five republican programs that would do a much better job at a lower cost, while still covering those people who need to be.

martha: maybe they will get an earful when they go home to their constituents over the break. thank you for being here. harris, the fed's cracking down on a home grown terror group. the manhunt is not over. 's actually doing it. gecko vo: businessmen say "hard work equals success." well, you're looking at, arguably, the world's most successful businessgecko. gecko vo: first rule of "hard work equals success." gecko vo: that's why geico is consistently rated excellent or better in terms of financial strength. gecko vo: second rule: "don't steal a coworker's egg salad, 'specially if it's marked "the gecko." come on people.

martha: this is a fox news alert. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- we are getting brand new details about the home grown terror plot

that was boston what open. seven individuals under arrest in north carolina. -- busted open. daniel patrick boyd was the leader of this group and had terrorist ties to the 1980's. the fed's are still looking for the eighth suspect, all suspected of planning serious attacks overseas. marianne silber aris reporting. >> the indictment listed the seven other suspects, but his name was redacted. also being accused of providing material in support of terrorism as well as murder, kidnapping, and injured people abroad.

martha: we are also hear from the wife of daniel patrick boyd. what is she saying? apparently her sons also involved. >> we did not hear from her directly but we heard through the muslim society in the area. she said that they are an ordinary family that cares about human beings. she says the charges have not yet been substantiated and people should not rush to judgment, although authorities say that he had deep roots in terror training in afghanistan and pakistan, and then brought that to the u.s. to train others. martha: how is the muslim community reacting in their area? >> we heard from the chairman of the mosque that he sometimes attends. he said that boyd was consulted

by others for potential projects. in our dealings with him and his family, we found them to the people of good moral character. martha: thank you. according to the indictment, they are accused of conducting military-style training at home and planning terror the talks abroad. judge andrew napolitano is our senior judicial analyst. no word on exactly what they are planning. >> that is what is unusual. normally when someone is indicted to providing material evidence, there is a target. the target is a building, a population center, soldiers overseas. the government has not named a target. that is interesting. what is also interesting, and the leader, daniel boyd, he

fought with the taliban andin afghanistan to fight against the soviet union. we may have trained with these people, but we train for improper purpose. martha: it is fascinating. his neighbors said that he would walk his dog, they had no idea. this is precisely the thing that people have been worried about since 9/11. people with american passports could travel back and forth freely and turn into homegrown terrorists suspects. >> i think there may be a connection between this group and the young man in long island who we know was captured. he began spilling the beans. perhaps the government began taking these people.

something may have happened with the government pulling the trigger, meaning reviewing the indictment the indictment does not seem complete to me. it seems that there is a piece of the cause of the government does not yet know. by inviting them and trading information, they will find out. harris: a moment ago, a woman spoke on behalf of boyd's wife, saying that she did not really know what was happening overseas. she was in the same household, so it is not surprising that the neighbors did not suspect anything. >> listening to a terrorist organization preach terrorism and participating in their training exercises is considered providing them with assistance, even though you have

never used your learnings to harm americans. you are involved in a grand conspiracy. in this case, the question is to do what? martha: what can they prove? >> a jury has to listen to the case. this is similar to the lackawanna six. this supposedly never use what they learned overseas and they still went to jail. martha: is this an indication that there is a lot of this in the country and we are just getting our grasp on it? >> i do not want to frighten anyone, but the government did its job here. they always say in these indictments who they were plotting against, and this does not tell us.

harris: now to some other top stories. in the top box, the house of conrad murray being searched right now by the dea, lapd, along with the las vegas authorities. they are looking for evidence and a possible manslaughter case. at the center of this all is that drug propofol. in the middle box, sonia sotomayor, her confirmation "happening now through a committee. now goes to the full senate. of course, we will be all over that when it happens. in the bottom box, president obama's town hall meeting is underway at the aarp headquarters in washington, d.c. he will be giving a series of these, so if it makes news, we

will bring it to you. if you want to watch, go to foxnews.com. did house speaker nancy pelosi jeopardize the health care initiative by focusing first on cap and trade? you have the president talking about health care, but then you have this going on. should she have been focused? molly henneberg is in washington with more. what was the potential problem for democrats? everyone focused on health care but house speaker focuses on cap and trade. >> one democrat says it is easier to sell health care to constituents and cap and trade. now that they have passed cap and trade, the senate has not done anything with it, so the

house bill is sitting out there, putting democrats in a difficult situation with their constituents. now they may not be as willing to go out on a limb for health care reform. harris: i wonder if there are any weary democrats among the democratic ranks. >> one politician said that he believes nancy pelosi should have changed her strategy. >> i think it was a mistake to do climate change first. climate change is a long-term effort. health care, i can talk about that immediately with my constituents who have trouble paying for their insurance, trouble with their employer cutting back on benefits. >> the jane harmon said that the house cap and trade bill is hanging out there for critics like target practice. harris: maybe the other side of

this is health care could have been hanging out there. i think it would have been tough, no matter which one they chose to do first. >> ranking democrats say that it was a tossup. >> it was not a strategic decision. changing our energy policy, developing new strategy takes on the status quo. whenever you do that, you are fighting interest. >> steny hoyer just told fox that there are a lot of difficult votes out there, but believes that members are looking at the substance of health care reform. harris: it is interesting to see the president being pushed back on his health care timetable and you have captan trade making some movement. -- cap and trade making some movement. it will be interesting to see if cap and trade stays at the conversation -- at the top of

the conversation with health care. by the way, we still have not gone to the budget. martha: it has been two years since the virginia tech shootings, and now angry relatives of the victims are speaking out. there were some files that could not be found. now we have new information on those files that have to do with the shooter. my biggest pain's really in my lower back.

feels kind of like knives. aleve works all day on my back pain. only two aleve liquid gels can stop pain all day. that would take twice as many advil or ibuprofen. aleve allows me to get through my work day.

martha: there is a huge development to tell you about in the virginia tech shooting story. the relatives of those victims what the state to reopen the investigation. the request follows a major revelation in the case. the former director of the university's counseling center found what had been up until then the missing health records

of the gunman. they were at this man's home. cho seung-hui opened fire at students and faculty members. he killed 32 people before turning the gun on himself. those missing files that everyone searched for have now been found in the home of a doctor at the counseling center. we will continue to stay on top of that. the national institute of health now preparing clinical trials on two h1n1 flu vaccine. researchers are hoping to finish the trial before another expected outbreak this fall. and jonathan serrie is live outside of emory university, at

one of the eight sites that have been selected to try out the vaccine, which is very important work. other than safety and effectiveness, what do researchers need to determine this swine flu vaccine go to major circulation? >> one thing they are trying to determine is dosage, how much vaccine to give. the last significant outbreak was more than three decades ago. you have an entire generation of americans that have had no exposure to this virus. >> the population has not seen a virus. the question becomes if you give them a vaccine, is one enough? >> they do not know the answer to that question until the conduct further research but health experts believe it is likely you will need two

separate vaccinations to totally protect yourself against h1n1. martha: i know there are certain groups that are particularly at risk, and they are very concerned about pregnant women, right? >> that is right. when you look at the outbreak in the spring, 6% of the victims who lost their lives were pregnant women. when you consider that only make up 1% of the u.s. population, you can see how they are at greater risk. another group is young people. and they seem to be susceptible to this disease. they tend to get better, but you have a high number of them getting the disease. that could have to do with older people building up an immunity. martha: i guess because of the unique strain we may end up taking quite a few shots.

>> that is right. even the seasonal flu shot will offer no protection against h1n1. if you have two four h1n1, add the flu shot. however, if it protect you, it is a good idea. harris: flight delays can really ruin your day, but how long the passengers really need to sit on the tarmac before the government steps in? but next, we speak to a passenger turned activist. (announcer) big news for stiff joint sufferers.

to improve joint comfort in as little as six days. six days, that's fast! (announcer) joint supplement pills are history, because elations powerful formula is more absorbable than pills, delivering clinically proven levels of glucosamine and chondroitin in a great-tasting drink you enjoy every day. it tastes absolutely delicious.

harris: we all over the news that is breaking. how president obama's town hall meeting is thaat the aarp headquarters. he said that he was going to talk about health care every day until it passes. while this is going on, we will continue to watch. if he makes any news, we will bring it to you. you can also watch it in its entirety streaming at foxnews.com. in the middle box, u.s. envoy to the middle east, and george mitchell, is in israel. he is meeting with benjamin netanyahu. the two are meeting about the call to freeze settlements in the west bank. in the bottom box, the associated press reporting henry

louis gates, the harvard professor who says that he was arrested outside his home, because of what he called racial profiling, and the sergeant james crowley who arrested him, who says that they have a different story, now the president is having them made for beer. that will be on thursday some time in the early evening hours. martha: airline delays. we have all been there. sitting on the plane, wondering how long it will be before takeoff. we have seen some extreme examples of passengers being stranded on the tarmac. weather delays left people trapped on a jetblue flight for 9 hours. can you imagine?

a group called flares rights -- fliers rights pushed congress to come up with a passenger bill of rights. with me now is the head of the group. also with me is the editor of " travel." has anything changed? can we expect any changes in the coming future? >> nothing has really changed with airlines. they have not really changed their behavior in terms of being able to hold these people hostage on the tarmac. we do have a bill in congress that is passed through the house. last week we got extremely good news in that our entire language

was passed through the congress committee. now it is on the way to the floor and this year we may have a meaningful passenger bill of rights that would let you leave a plane. before they allow you to leave, they would need to give you food, water send -- water, medicine, temperature control. martha: you said a passenger can get off the plane. under what circumstances? >short of an emergency? >> they would be able to send a bus out at three hours. however, the pilot gets 30 minutes after that first three

hours to decide if he can make takeoffs. martha: that sounds pretty reasonable. three hours is a long time, but when you look at that famous in jetblue story -- the jetblue st, the airline will tell you that they wished that did not occur. >> sometimes there are technical difficulties when there are no spots for the airplane to go. martha: why not get one of those portable staircases and put the people in a van? >> they should be willing to do that, especially if they are waiting three hours or more. martha: sometimes i like to bring a stack with me. >> you should plan for a plane

ride the same way you would a long car trip. you want to bring some food and water and perhaps some entertainment. also, go to the bathroom before you get on the airplane. in case of a delay, you will be better prepared. martha: kate, you feel like we are getting somewhere with this? >> as tough as it has been dealing with congress getting this done in the short term, yes, we are going to do it. it has been a lot for us, and it is not easy but i believe we are going to succeed this year. martha, you never know where life is going to take you. if you were not on the tarmac for nine hours, perhaps you would have been doing something differently. >> i wish that there was someone that we could have called back then. now we have that where

passengers can give us a call. it is free and there is a lot of have valuable information. martha: thank you both. harris: i bet that hot line stays busy. the nfl opens the door for the return of michael vick. but there is always a catch. there are some conditions. what he has to do if he wants to get back on the field. should he be given a second chance?

harris: time now for all of the developments on the top stores we are covering. the nomination of sonia sotomayor moving through the senate judiciary committee. now been goes to the full senate. shannon bream is reporting from washington. >> lindsey gramm was the first republican to vote in favor of sonia sotomayor.

he will soon be joined by a number of his colleagues when her nomination goes to the full senate. several republican senators have already announced they will vote for her in the senate. harris: it sounds like it is not right. the heat is on in the northwest? >> it is hotter in seattle man has been in new york city. in seattle today, 96 is the high temperature. heat advisory is from seattle down to portland. temperatures in the triple digits in some cases. we will be shattering records in a lot of places. it does not get much better than tomorrow. seattle's all-time high is 100 degrees. this could be a record setter.

lot of these people do not have air-conditioning, so good luck to you. harris: that is your news whip. martha: nfl quarterback michael vick could soon be back in the game after serving 18 months in custody and two months confined in his home for running a dog fighting ring. in 2007 police raided his home in virginia and rescued 55 pebbles -- pitbulls. those that lost their fighting spirit were killed, according to the document, in very inhumane ways. the nfl commissioner has decided to reinstate him, but not without conditions. he can attend all team activities except for the actual game. he cannot commit any crime, break parole, use drugs, or home

dogs. i think he will also have monitoring and counseling sessions. let me bring in the panel to discuss this. we have an attorney and a national columnist. we also have the author of a book. don, let me start with you. you documented just how much crime happens among nfl players. what is your take that it looks likely that he will be playing again? >> i do not know if it is completely surprising. it was a decade ago, but we did a study of the players and if you looked at the rosters of the team in the lead on that day, one out of every five players in

the league had been charged with a serious crime. there are a lot of people who have jokingly called it the national felons league for that reason. martha: first, i want to pull up this statement from peta -- brian smith, what is going to happen to him? is someone going to pick him up? does he produced the behavior that makes the commissioner said that it is ok to play? >> i think so. he used to be a millionaire and now he is in bankruptcy. he is looking to play and make money again. i think he will change. he served his time.

at this point, he understands what is going on. the plan that you saw, there is another condition for him to be a spokesperson for the humane society. martha: he will have to be extremely convincing when he does that. i want to bring in mark on this. one of the reasons this story got such an unbelievable outpouring from people around the country was because there were situations where dogs teeth could be removed. and there were rape stands. one of them was killed by getting smashed against a tree. that is what engendered all of this motion. >> i understand, but there is the old room and then the news room. people like dogs, seemingly,

much more than they do people. the fact of the matter is this case in jenna far less about rage in the case of donte stallworth, who killed someone on driving intoxicated. don has done a great job documenting the problems that nfl players have. what i find amazing is the consistency over a decade. unlike so many people that don wrote about, he did his time. no matter how heinous his crime is, if he did his time in prison, and does he not deserve a second chance? are we in the business of saying because peta does not like him he should not be given a chance? martha: the reason i would point out all those things -- there will be a huge reaction when he

walks onto the field. >> i am not so sure that there will be, and i am not show sure that it will not go both ways. there are two great quarterbacks in the nfl. michael vick, for years, had a chance to be a great quarterback. his services are probably already being bid on. his services are in demand. the way that the commissioner structured his reentry was, first of all, paternalistic, and politically correct as well. that will minimize a lot of the protest. >> first of all, no team has said they were interested in him. the commissioner is interested in getting good players as well as good citizens. let us say i did something like

that. if i emily's from prison, do i get my job back -- if i am released from prison, do i get my job back? of course not. the commissioner wants him to prove by his actions that he is a different man. martha: i want to pull of this video. are things changing in the nfl? are things changing, don? >> yes, i think roger goodell has been a breath of fresh air. he has taken a different stand, an impressive stand. some things that you said struck me. first, tony dungy, a man who does not lend his name to anyone has offered to serve as a role model and mentor and friend to him. first of all, roger goodell,

many people wondered what he would do. the fact that he was willing to offer this opportunity, even with strings attached, shows me that he must have heard something from him during their meeting that must have been quite impressive. martha: can you imagine what that four-hour meeting was like? i do not know if everyone knows, but he lied to him originally. he said he was not involved. >> remember, he can file an appeal after the first came to get back in the league. roger goodell could say that you have proven to be remorseful, and you can come back. that is what is being remembered. he is not being thrown back into the elite. he has the opportunity to do all of these great things, so long as he remains a good citizen. >> i hope some of those protesters, those people who

cannot protest him being there, will also look at the statistics that you put on the screen, and maybe they will look and a few statistics of people who have been up their wives, abused their girlfriends. martha: that is right. everybody needs to be looking at some of these numbers. the number of domestic violence crimes. you would like to see an equal amount of outrage on these types of things. thank you very much for being here. harris: they say what happened in vegas, stays invegas, but fewer people are now visiting. guess why people are blaming the white house. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

harris: new developments in the store we have been telling you about.

the north carolina terror arrest. authorities say they are now looking for and eight terror suspect, not in the u.s., though. they believe this suspect is in pakistan, so the story will be moving. in the middle box, governor schwarzenegger signing and $85 billion budget plan for the state, following months of battling with lawmakers to get something signed. in the bottom box, the shuttle undocking from the space station. the shuttle endeavor is expected to be home on friday.

martha: see how i just walked around the corner here? >> have we showed this? martha: look at how many things i have on my back. >> this room is normally properly led. -- lit. it kind of takes away from the whole room. kim is pretending to be on the phone. martha: who are you talking to? >> your senior producer. martha: that said which is bigger than she is. -- sandwich is bigger than she is. >> many noticed about her, but just a guy had a baby shower today.

-- many people know this about her, but she just had a baby shower. alan wants me to wrap things up today. oh well. martha: we are going to stop there on the way back. thank you. i may not be back soon, i will be looking for those sandwiches. harris: and bring me one, please. nevada is known for gambling in a few other guilty pleasures, but it seems that the poor economy is adding to its losing streak. some have said the black cat capital is now on a federal blacklist. they are blaming people not

going there because of the white house. we are at a resort in nevada where they are struggling to attract business people. >> hotels may have a great pool, great rooms and convention facilities, but it is proving to be something of a liability as federal agencies cancel their conventions here and that other vacation destinations to avoid the appearance of government workers partying on the taxpayer money. officials here say it is on terror and harmful -- unfair and harmful. >> there have been four cancellations year in orlando. >> vacation and convention hot spots coping with hundreds of cancellations from federal agencies like the department of agriculture, fbi, and others. we obtained e-mails in which an

hhs official apologizes to a top hotel official, explaining -- >> is unfair when you take a perception in the black list a city or state based on that perception. >> the nevada gov. blames president obama for suggesting in february that loss vegas was connected to corporate success. -- las vegas connected to corporate success. >> the economy has disappeared. those lives are being affected by his words. >> the white house is denying telling any agencies to avoid any such destinations, and any determinations are based on a cost analysis. even so, some members of congress are calling for laws

against what harry reid is calling "destination discrimination." harris: the fda says that it is accelerating the research for certain cancer drugs. we will take a look. . . imodium multi-symptom relief combines two powerful medicines for fast relief of your diarrhea symptoms,

so you can get back out there. imodium. get back out there.

imagine... one scooter or power chair that could improve your mobility and your life. one medicare benefit that, with private insurance, may entitle you to pay little to nothing to own it. one company that can make it all happen... your power chair will be paid in full. the scooter store. hi i'm dan weston. we're experts at getting you the scooter or power chair you need. in fact, if we pre-qualify you for medicare reimbursement and medicare denies your claim, we'll give you your new power chair or scooter free. i didn't pay a penny out of pocket for my power chair. with help from the scooter store, medicare and my insurance covered it all.

call the scooter store for free information today. call the number on your screen for free information. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- martha: the fda is fast tracking the production of life-saving cancer drugs. a new study is claiming it is not working out quite as it was planned. the accelerated program is not doing much to speed up the whole process. what can we do about that? we're happened -- happy to welcome him back. it sounds like such great news that these are being approved.

why are they not getting to market? >> that is a good question. everyone is frustrated. i almost feel bad for the fda. they are like that lifeguard at the pool that tells everybody to walk. the patients are frustrated. this study showed that it took as long to get markets to -- drugs to market as it does in the regular program. martha: why is that? is this typical government bureaucracy slowing everything down? what can be done to clean it up? >> honestly, every single doctor, both outside the fda and inside the fda has said that the fda is underfunded. george bush increased the funding in 2004 significantly. there is an increase of $300 million again this year. they have a $2.2 billion budget to try to control every food and drug safety concern in the united states. that is a big issue.

nobody congratulates them when they do approve a good drug. martha: we know that some of these drugs are available in other places. it would be good news for all the companies that sell these drugs. which ones are in the pipeline and we hope to get out soon? which one are you most excited about? >> i would say, what they called the anti-cancer drugs that just got approved just a few months ago for a new indication that his rain cancer. these are new drugs that are targeting the proteins on the cell of the cancer. they find with a radar, if you will, cancer cells in your body and they go after just those cells. martha: it is much more targeted. that would be great. >> for all the criticism we get, the fda approves drugs faster than the european union. people often forget that america does tough -- does two things

well. martha: you want them to be careful. that takes time as well. thank you very much, doctor. >> we are following the development of a bust of a homegrown terrorist ring in north carolina. the hunt for an eighth suspect as we learn more about the violent jihad that group allegedly planned while living on american soil. . fiber one honey clusters? yes. it's delicious. delicious. i know. but it can't have... can't have about half a day's worth of fiber? i assure you it does. i was expecting... expecting sawdust and cardboard? i know. i can only taste... only taste the crunchy clusters, honey, and brown sugar. no madam, i don't have esp. ok. i'll take a box, but you probably already knew that. (announcer) fiber one. cardboard no. delicious yes. a heart attack at 53.

i had felt fine. but turns out... my cholesterol and other risk factors... increased my chance of a heart attack. i should've done something. now, i trust my heart to lipitor. when diet and exercise are not enough, adding lipitor may help. unlike some other cholesterol lowering medications, lipitor is fda approved to reduce the risk... of heart attack, stroke, and certain kinds of heart surgeries... in patients with several common risk factors... or heart disease. lipitor has been extensively studied... with over 16 years of research. lipitor is not for everyone, including people with liver problems... and women who are nursing, pregnant, or may become pregnant. you need simple blood tests to check for liver problems. tell your doctor if you are taking other medications, or if you have any muscle pain or weakness. this may be a sign of a rare but serious side effect. i was caught off-guard. but maybe you can learn from my story. have a heart to heart with your doctor... about your risk. and about lipitor. 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. the $100 cream. flabbergasted when we creamed the $700 cream! for under $30 regenerist micro-sculpting cream hydrates better than 32 of the world's most expensive creams. fantastic. phenomenal. regenerist. from brink's home security... you can now expect from broadview security - for home and business. call now to get the proven technology of a broadview security system installed for just $99. day or night, broadview is on the job, ready to respond when trouble strikes. i'm sending help right now. (announcer) the same professional monitoring you expect from brink's home security, you can now expect from broadview security - for home and business. broadview security - the next generation of brink's home security. call now.

martha: thank you for stopping by. thank you for filling in. it has been great having you here this week. we will see you there. shepard: seven men in california are arrested and accused of plotting terror attacks. one suspect's neighbor said that if he is a terrorist, he is the nicest terrorist i have ever met. let's look at who these guys really are and who they were playing. in the first box, the murder of the abortion doctor, george tiller, the suspect is in court today. the man who was sitting next to the doctor when somebody killed him. box number two, texting while driving -- it is obviously dangerous, they tell us, but there is a study that tells us how dangerous it really is. we will take a look at what their