>> i'm sorry. but i can't even hear the governor and i'm sitting next to him. brian: more from the crowd that gave dr. howard dean a dose of his own medicine. eric? eric: and checks sent to prisoners? thousands of taxpayer dollars wound up in the hands of convicts. our slogan from andy, "i watch "fox & friends" because i like your style. you're ahead of the rest by a country mile." brian: that's a lot. captioned by the national captioning institute -- www.ncicap.org -- gretchen: welcome, everyone. 6:00 a.m. an the east coast. we started a bit earlier this morning because senator ted kennedy has died overnight, the at the age of 77. he was suffering from brain cancer, diagnosed in may of 2008. when he could not attend the funeral of his sister just a short time ago, many people feared he may be nearing the last days of his own life. for more on his life and legacy,

we go to caroline-ly. good morning. >> good morning to you. president obama says the u.s. has lost a great leader with the death of ted kennedy and the kennedy family has lost a tower of strength. kennedy knew his time was limited shortly after he was diagnosed with brain cancer last may but decided to treat it aggressively with radiation, chemo and therapy and actually outlived doctors' predictions. he spoke at last year's democratic convention calling health care reform the cause of his life. but it was actually one of the things he had been unable to accomplish in his 47 years in the senate. kennedy helped pass the americans with disabilities act, family leave, meals on wheels for the elderly, no child left behind, the medicare drug prescription benefit as well. he's best known outside of washington for his famous family. he was the youngest of nine children. his older brothers all died violently -- joseph shot down in world war ii, john and bobby shot to death by assassins. the role of patriarch, walking

his niece down the aisle at her wedding, taking her nieces and nephews under his wing, in addition to his own children and stepchildren. governor arnold schwarzenegger is married to his niece. he released a statement, "teddy taught us all that service isn't a hobby or occupation bunt a way of life and his legacy of live on." brian: do we know what would be next and when the president possibly plans on commenting on the passing of ted kennedy? >> we are certainly expecting something today. we don't have anything official. president obama is on vacation up there as well. we're looking for him, also, potentially some funeral announcements, what will happen next, a wake, we expect. many events here in washington. also probably in boston. and at his home in cape cod. brian: i just think it's going to be very interesting to see if things play out. up in the the last day senator ted kennedy was still a politician, saying, hey, what about finding somebody right

away to fill my seat because we have important legislation coming up and maybe we don't have time for a special election. gretchen: yeah. that was very interesting. he requested that of governor duvall patrick. no word on whether or not that would be rushed through. the other interesting thing is what you were debating in the earlier hour about health care reform. because ted kennedy really spearheaded many believe, a lot of these efforts about health care reform. and will this bill now be named in his honor or will this really get the democrats back together on this whole initiative to get something done now in his memory? brian: because, you know what, gretchen shall, he can unite democrats but will never unite republicans. he may have been friends with them. senator mccain said over the weekend, "i miss him already, his presence." but when it came to actual issues, something like health care reform, i don't see him wing republicans over with his passing but maybe democrats might be told, get in line. eric: that's a great point, whether or not the democrats all of a sudden get in line with a

morrow bust health care bill, more national, more government option. you know, they had been kind of divided with the blue dogs moving towards the center saying maybe we don't need the government option. maybe some sort of co--on-type of -- coop type of health care plan. maybe they'll unite around the nationalized health care bill. brian: ed carn knows a lot about the kennedys, wrote a series of books on them. he's a biographer and knows ted kennedy in particular. a lot has always been talked about the family, the famous family, and the role he's played. when you think about the fact that senator ted kennedy has been always the one to speak for the family, now who speaks for him? who's the one who stands up and gives the you'llology? maria schriver, governor schwarzenegger both spoke to the passing of their mom and mother-in-law's funeral a couple of weeks ago. who stands up now? gretchen: maybe caroline kennedy. she, i think, had a close relationship with her uncle, ted kennedy. it was reflecting to go back and

see that ted kennedy spoke at the funerals of both of his brothers. and you're right. who will speak now? this will be the last person of the legacy that has passed now. who will take over the kennedy legacy? or will there be anybody who will? everyone assumes john f. kennedy jr. would and, of course, he passed away 10 years ago already. brian: and congressman kennedy, too, patrick, who is in the house. then you have the daughter. you have ted who had cancer himself and had a leg amputated as a young person. so the kennedys aand that family in particular have dealt with a lot of tragedy. i also hearken back to a year and a half ago -- is it that long? when senator hillary clinton becomes secretary of state and we have to find a replacement and ted kennedy stands again as word goes out that ted would like to see caroline get that spot and see her get into politics. gretchen: and as you were discussing earlier, the importance of ted kennedy endorsing barack obama over

hillary clinton a year ago. and many believe that that had a lot to do with barack obama getting the nomination and ultimately becoming president of the united states. let's go now to our boston affiliate reporter. our affiliate, wfxt. she joins us with the latest. good morning. >> well, good morning. we are here outside the massachusetts state house, the flag has just been lowered to half staff. and people here in boston, you know, just like people all over the country this morning, they're waking up to the news that, indeed, senator ted kennedy has lost his battle with brain cancer, dying at the age of 77. it seems many here in boston have personal stories about legislation that it appears as though he may have filed. that it's affected their lives in some way. he spent nearly 50 years in the senate representing this area. there isn't a single person in this area who doesn't know him, who doesn't feel as though they have spoken with him at some point or had some kind of

relationship with the senator. so it seems as though it is a very somber morning here in the city. eric: what would you expect -- obviously it's too early to know this. but what would you expect the funeral arrangements for the senator? >> oh, it is so soon. his family did release a statement, as you know, on their website. they called him the irreplaceable center of their family, the joyous light of their lives. that right now it is just so soon. i imagine they are in the process of making those arrangements. and, of course, just a short time ago the senator lost his sister eunice. so we saw the entire kennedy clan come together for that funeral, including the senator. and, of course, just a few days later this has happened. brian: he seems to have been around for such a long time. for the people of massachusetts, familiar faces will be there.

the only time it seems he was legitimately threatened was when mitt romney, before he was governor, said i want a shot at this seat. he was coming off the high of the olympics, very successful business career. was that a real scare for him? >> that was, indeed. in fact, i covered that several years ago. and it was. i specifically remember the senator coming back and actually campaigning during that time, which was not something, i suppose, that you saw that much. he was very gregarious, of course. he always used to come out and was sort of a man of the people. he really made it known. he came back from washington. he came back here to massachusetts. it appeared as though that, indeed, was a threat. yes. brian: nice perspective. we'll chak back with you again. let's look at the entire life of ted kennedy. gretchen: who better to give us some insight at that than kennedy buying for ed kline. good morning. >> good morning. gretchen: obviously, you would be able to give us memories for

a lifetime no kidding. you studied the kennedy family. can you reflect this morning on the loss of what some are saying what's the last-standing patriarch of this family? >> absolutely. i'd be happy to do that. this is a very sad moment, of course, for all of us. i knew the senator for almost 40 years. i first met him in maine when he was visiting his friends there. i followed his career. i must say that the most impressive thing i think about ted kennedy's career is that he had gotten better and more effective and more powerful, really, as time went on so that by the time he was in his 70's, he was clearly the most powerful and effective senator that we've had in the last 50 years. gretchen: you know what i find so interesting, is that you hear

from republicans now, and before his passing as well, that he was a great friend of theirs. and that they loved come together table with him to negotiate, even though by all accounts, he was a liberal senator. did that fascinate you as well? >> it did indeed. i spoke to a lot of very conservative senators, and conservatives outside of the senate as well. not a single person had a bad word to say about senator kennedy. a lot of them, of course, did not like his politics. that goes without saying. but not a single person had anything to say personally against the man because he was always thoughtful. for instance, if somebody in their family was sick, he would make sure that they were put in touch with the best possible doctors. he always had a good word to say. he had a joke that broke the ice in case of difficult negotiations. i think he was greatly

appreciated as a true colleague in the best sense of the word. brian: he's had such a long life. we're seeing some of the footage. there's a guy -- he's got a huge legacy to live up to. joe who seemed to be one of the stars in the family, no one expected it. j.f.k.'s older brother becomes president. bobby was supposed to be president. now ted kennedy comes along. getses toed out of school, out of harvard, for cheating on a test, mary jo kopechne goes off the bridge, she dies, he leaves, gets charged. says even despite passing i'm going to run for president against jimmy carter, who's an incumbent, and loses what did that do to him, losing to jimmy carter, not having the answer in "60 minutes" when they asked him, what happened that day when you went off that bridge? >> i think that the loss of the nomination to jimmy carter was really the turning point in ted

kennedy's life in the sense that from then on he essentially no longer looked upon the presidency as his goal but rather saw himself as the man who would make his career in the senate. from then on he was a man of the senate. he was known, for instance, to go home at night with what was called the bag. the bag was a large case in which his staff, a great, great staff, had stuffed all kinds of papers that he was going to read overnight. and the next morning he would come in with these papers and documents and bills, an yo take thed in the marriage -- annotated in the margins with things like "see me," "good," or ugh." gretchen: and real quickly, before you go, who will speak

for ted kennedy? he was always the order at the funerals of other members of his family. who will speak for him now? >> well, i think his colleagues in the senate will. i think the president of the united states will, of course. but in terms of his family, i think you're going to see his children, cara, teddy jr. and patrick, and some of his cousins, caroline and joe the second, and others as well. it will be a real -- [inaudible] brian: we're losing ed a little bit. it will be everybody going up to speak. the passing of senator ted kennedy at the age of 77. we're going to be covering other issues this morning. gretchen: health care, that's still front and center with the american people right now. and the democrats are having a hard time selling their plan. now they're threatening to push through a bill without bipartisan support. a closer look at how will that

play in the upcoming election. eric: plus, she's calling herself bernie madoff's other secret. the woman who says she had an affair with the swindler. ñq that's a-- tiny netbook. yeah, it's-- good-looking, lightweight.

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eric: we'll have much more on the passing of senator ted kennedy. but first a look at your other headlines. prime minister gordon brown expressing outrage over the release of the lockerbie bomber. he says he was "repulsed" by the welcome received when he arrived in libya. when the federal government wraps up his budget year end in october, the federal deficit will total, get this, $1.6 trillion. that's the difference between what the government spent for cash for clunkers, the auto industry bailout, the bank bailout, just to name a few. tax collections have shrunk more

than ever since the great depression. and the post office is offering buyouts of up to $15,000 to employees eligible for retirement or close to it. most of those eligible work in processing centers. the union approved the offer. the post office says the buyouts will pay for themselves in two years. gretchen: thank you, eric. a battle over health care is heating up at town halls across the country. in pennsylvania, former g.o.p. senator arlen specter has become one of the state's chief salesmen of the reform. but are the american people getting tired of hearing about health care, and what will the backlash be for incumbent dems? brian: joining us now, a guy who wants to take senator specter's seat. patrick toomey plans to challenge senator specter. welcome, mr. toomey, congressman toomey and congratulations to "the road to prosperity."

>> thank you very much. brian: you were trailing when senator specter came out and said i'm going to be a democrat now. he was up by 11. now according to the polls, you're up. why is that? >> well, first, it's still early. i only put so much stock in polls more than a year before an election. but i do think that senator specter's demonstrated a real political opportunism. the switch that there's evidence for him that the only principle that matters is his own re-election. >> think people in pennsylvania want someone who actually believes in something other than themselves. gretchen: and the health care reform. the town heal meeting he held was pivotal in my mind and of voters, probably. >> he decided he has to be as far liberal as he can to save himself in the democratic primary. it's inconsistent with where he's been in the past in many ways. the american people are very worried about this health care bill. he decided to defend it. it's a problem.

brian: when it's all said and done, your opponent, a kwongman who said "i don't qair what the white house -- care what the white house wants. i'm going to run anyway." >> he believes in the liberal agenda. arlen specter, you never know what he believes and who's going to show up. so the democratic voters will make that decision. but i'll be prepared to run against steve. gretchen: tell us a little about the book. >> the book is a reminder of where prosperity comes from. i think it's as important now as it's ever been. free enterprise and capitalism is under attack in the way that it hasn't been. lots of spending, nationalization of car companies, unprecedented debt and deficits. it goes on and on, as you know. but we've got to remember that the source of prosperity is not government. it's always men and women who go out every day and go to work. it's a private economy. it's free enterprise and entrepreneurism. so i touch on those points in this book. gretchen: congressman pat too maniy -- toomey, thanks for

being our guest. >> thanks for having me. brian: and congratulations on the book. straight ahead, she wasn't just bernie madoff's victim. she was also his mistress that according to our next guest. she was wiped out by him. gretchen: and want to know where your stimulus money is going? can you say prisoners? we're not making it up. maybe one of the most important...

gretchen: when the news of bernie madoff's ponzi scheme was made public, our next guest was identified as one of the swindler's many victims. she testified about it. today she's telling a much deeper story, though, about her ties to the man that pulled off one of the biggest ponzi schemes of our time in a new book. cheryl is the author of "madoff's other secret: love, money, bernie and me." good morning, sherill.

that gets to the point. the title of the book. you were involved intimately with bernie madoff. right? >> yes, i was. gretchen: and it started basically as a business relationship. >> yes. gretchen: you were part of a charity organization investing with madoff. >> yes. a french donor had introduced the charity, the organization to bernie. it was a stipulation that we had to keep the money invested with him. and that's how we all got involved with him. eric: so how does the biggest swindler in the history of the planet make that first move towards, hey, this is more than a business relationship with you, sheryl, i'm interested in you? >> well, we didn't know he was the biggest swindler in the planet at that point. so at that point he just appeared to be a very successful chairman of the nasdaq type of guy, very sweet. he basically asked me if i would, you know, go away with him after about four, five

months over lunch one day. eric: so he just approached you and said, hey, would you go away with me, on a trip, to the islands? >> can we get away together? and i was really very taken back. gretchen: you resisted at first and then ended up having, what you describe, as a year and a half i except mat relationship with bernie madoff. >> this went on about five years before it became intimate. eric: so five years. then it became intimate. then it was intimate for a year and a half so six and a half years you were with the guy on a more personal level. >> then it continued after that. after we parted our intimate relationship, we remained friends. gretchen: the interesting thing here is, aside from this relationship that you had with him, you kept your money with bernie madoff. you lost a ton of money when this whole ponzi scheme went down. >> we lost all of our money. gretchen: and we should mention that you're still married to the same man that you were with during this entire time. how does he feel? how does your husband feel about this book coming out?

>> well, he's not delighted. it didn't quite make his day. gretchen: why do it then? >> well, i had a whole lot of guilt. it was my responsibility for the family to invest our money and to take care of it. and i felt very responsible and very guilty. i didn't have a lot of jewelry around to sell. we already sold our apartment, our home of 20 years. eric: we're going to wrap quickly. did he break the relationship off with you because he was feeling guilty or he was worried about getting caught about his $65 billion ponzi scheme? >> it had nothing to do with his ponzi scheme. it was very basically very mutual. it was something i tried once. it was my only affair. it was not something that i took to naturally. he also was feeling very nervous about his wife finding out, eventually. we moved back on to being friends. gretchen: and this was the way, you say, for you to now make

money because you lost everything. >> yes. i've lost everything. gretchen: sheryl weinstein, the author of the book. we appreciate you being with us. >> thank you. gretchen: much more ahead, including the passing of senator ted kennedy. the flag is now flying at half staff at the capitol. eric: want to know where your stimulus money is going? can you say prisoners? how your hard-earned cash wound up in the hands of con victims. gretchen: and controversy brewing for these beer cans. their colors match those of the country's top universities. is this a good idea? for your kids? e-mail us. let us know what you think. gretchen: happy birthday to maccauley culkin, 29 today. he's still home alone. the great taste of splenda® no calorie sweetener and added a little fiber? sweet!

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brian: welcome back. 28 minutes before the top of the hour. if you're just waking up, here's the news. senator ted kennedy has passed away at the age of 77. he's the second-longest serving senator in the history of america. his passing now is being put in perspective across the country. brian wilson is also efforting to do the same thing. brian, you have covered the senator for a couple of decades. you are now joining us from d.c. we knew this day was coming. but as you look back, what comes to mind from your perspective?

>> well, he was a great personality. i've always thought that covering the united states senate and covering congress was a good deal about covering the personalities behind the policy. and he was a larger-than-life personality. i have these great memories of those times when i needed to get a hold of ted kennedy for a comment, and he didn't want to particularly be on camera that day, or didn't want to comment about the topic that i was working on that day. and you'd find yourself chasing him down a hallway, sort of bending the rules on capitol hill to get that soundbite that you needed for your story. and he was, well, you know, boys, i'm sorry, i don't want to talk today. he'd put that hand up, keep walking, his head down. then you'd get him cornered in an elevator or something and he would realize there was just no place that you could run, that he was going to have to stand there and be peppered with the questions anyway. he'd whip off the glasses, come at you like this and just give you the best sound bite you've

ever had, and a strong defense of his particular position. you may not have always agreed with ted kennedy's politics, but you certainly had to admire the way that he comported himself on capitol hill. he was a powerful senator. his hand was in a lot in legislation. i think one of the greatest testments to the person, ted kennedy, is the fact that orrin hatch, a man who was diametrically opposed to ted kennedy on a philosophical and political level virtually across the board, on every level, was considered ted kennedy's closest friend in the senate. if you go into orrin hatch's office, on the wall is a painting that was done by ted kennedy, given as a gift to orrin hatch. so, yes, he was a fierce opponent for republicans. he was a man who had very strong feelings. and you may not have always agreed with his positions on a particular issue, but you had to admire the way he handled himself as a legislator. gretchen: it's one of the things we're remembering this morning, that so many people may be

amazed to find out that some of his best friends were republicans. what does that say about the way that capitol hill works? a lot of people right now would like to see that happening more, specifically about health care reform. >> well, that's always been the way it is. in washington. you know, it's because i think capitol hill is dominated by lawyers. and lawyers, you know, will go into court and beat each other's brains out over a particular point of law, but at the end of the day they go to the bar and have a drink together. that is sort of the way it is. ted kennedy is very much of that era and of that tradition. one other memory just comes to mind. i remember when the redskins -- it's been o so long for those of us who follow the redskins, but when they won the super bowl. they paraded the team through the hallways of capitol hill. it was just absolute mayhem. they all got ushered into a big hearing room. i was sort of standing at the door as ted kennedy stepped up on to a chair and then on to a table. and in this packed room just gave the most spirited defense of the redskins and what great

men they were, and how they had conquered the world of football. i mean to tell you, the room was frothing. everybody talks about that convention speech he gave. i've never seen a better speech than the one he gave that day. he had the ability to really move people with his words. brian: i just don't know how you hail the redskins, as a giants fan. but that's me. gretchen: it's so fascinating to speak with you to hear these real life memories. thank you so much. >> you bet. brian: brian doesn't look that old. gretchen: did he a great impersonation of him by taking his glasses off like that. these are the stories people want to hear. thank you very much, brian. another big story has president obama's stimulus done more to help convicted criminals than to boost our economy? that's what many are saying after a bombshell investigation revealing that over 4,000 prisoners nationwide have received stimulus checks.

brian: a reporter with the "boston herald" broke the story and joins us now from boston. i was watching you last night with greta a little, laura. first off, how did you come on to this story? >> sure. we learned that there were some prisoners in the massachusetts corrections system that were getting the checks. we went to the department of correction, which runs the prison system here. they said that, in fact, 23 inmates in massachusetts had received the checks. brian: what criteria could possibly give them this money from us which, by way, we don't have? >> sure. so in the instance of five of the individuals, the payments were actually legitimate. for four of them, they had their freedom and were lawfully collecting social security sometime between november of 2008 and january of this year, and that's the time period that the recovery act mandated for the distribution of those

checks. another individual is a retireee of the railroad system. and the railroad retirement board doesn't place restrictions on its retireees if they end up behind bars at some point in their lives. the rest of the individuals fall into a category where the social security administration was not paying those individuals social security benefits for some time, but for some reason they were not properly coded as a prisoner in their system. and then there were a few others where the social security administratioaddfound they had l security numbers for those individuals. eric: so the ones that were improperly coded, that money has to go back, i assume. please shake your head yes as i go on to the next question. is the money coming back? >> well, the social security administration has said that they are due the money back, that the checks were improperly issued, and that it's their

money. however, we know from the massachusetts department of correction that there are only five inmates who have sufficient funds in their prison accounts to pay restitution. gretchen: what a shock? this is so amazing to me and outrageous. we're talking now about some of the biggest spending bills in the history of this country and we're just handing out -- people say, oh, it's only $250. but we're handing out these checks, these huge mistakes and then we'll talk about the government running all other huge industry, including health care. do you think this is happening in other states? i know you were just investigating massachusetts. other states? >> we know that across the country that 3,900 inmates did receive the one-time stimulus payments. that number 2,200 fall into that category that we discussed previously of individuals who were lawfully collecting payments late last year, early this year. the remaining number, 1,700, are being reviewed by the social

security administration to determine whether payment was in fact, properly made. gretchen: laura crimaldi, "boston herald," keep investigating for us. thank you for your time. >> thank you. gretchen: another day, another scrubbed launch. you're look at a live picture of the shuttle discovery sitting on the launch pad. its overnight launch scrapped because a critical fuel valve was not working properly. the next opportunity now is friday. if discovery doesn't get off by sunday, it will have to wait all the way until october. eric: with extreme conditions likely for the next several days firefighters will have their hands full dealing with a 275-acre blaze in angeles national forest. 18 boy scouts had to be plucked out by helicopter. the fire is not threatening homes or businesses. extreme fire condition warnings are now in effect from los angeles. brian: president obama may be steps closer to an

israeli-palestinian peace deal. official saiz israel agreed to a partial freeze over settlements in the west bank. in return, the u.s. and europe will put the united nations for tougher sanctions against iran that would affect its oil and gas industry. no word on the palestinian position in that story. gretchen: singer chris brown starts his sentence for assaulting former girlfriend rihanna. a judge sentenced him to probation plus six months community labor, brown also ordered to stay away from rihanna for the next five years. he must also keep his distance, 10 yards i believe it was, if they're at the same music event, which will probably happen somewhere down the road. eric: a small plane comes down in a mall parking lot in new jersey. the cessna 172 landed nose down near a j.c. penney store in rockaway township. cut it out. when the pilot reported engine trouble, miraculously the pilot and student onboard only

suffered minor injuries. >> a little bounce, little skidding. once the doors opened, you realized everybody was ok. eric: and no one on the ground was hurt either. gretchen: very good news. let's go out to dominica davis for a perspective on the weather as the last days of summer -- i hate to even say it. they're waning. >> they're fading fast. especially this weekend when we have some cooler air moving in. we're only looking at highs in the northeast in the low 70's. so it be t will be a nice break from the humidity. we still have showers and thunderstorms through the midsection. that's how you can expect them to stay today. showers around the florida area. as you heard earlier, that effected the shuttle launch this morning. scattered showers and thunderstorms stay in the forecast for florida throughout the week. taking a look at today's highs. we have the warm air in all the usual places. down to the south, off to the west dealing with some extreme heat. but it's a cold front and pocket of cold air that's coming out of canada which is really going to

bring a big change in the forecast through places like chicago where they're only going to make it to 70 today. cleveland, only 78. very low humidity that cool air pushes offer to the northeast by friday. and -- by thursday, rather, and into the weekend some very cool, almost fall-like temperatures. guys? brian: thank you very much. straight ahead, democrats are pushing for government-run health care. i don't know if you've heard about this. but that could drive up your insurance costs. our next guest says -- is an expert on this topic. he runs one of the country's largest health care management companies. he'll be weighing in. gretchen: controversy brewing over these new beer cans. guys, what do you think? they come in the colors of major universities. do they promote school spirit or under-aged drinking? the debate coming up. that's a-- tiny netbook. yeah, it's-- good-looking, lightweight. generally awesome. and you could just-- go online, video-chat with my cousin.

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gretchen: a couple headlines for you. a northern california high school remains closed this a day after a 17-year-old boy armed with a chain saw detonated two pipe bombs. the explosions didn't cause injuries but the school still considered a crime scene. police arrested the boy after a teacher heroically tackled him. police say the school staff was the teen suspect's primary target. two dallas cowboy employees seriously injured in the collapse of the indoor practice facility now suing. they filed lawsuits against the company who designed the structure. rich bane, whorl paralyzed from the way down, and another employee are seeking unspecified damage. brenda: thank you very much. many congressional democrats are in favor of government-run health care for the good of americans who are currently without coverage. some say that number is 47 million without coverage.

others dispute that. but how would it affect hospitals and private insurers that already exist? eric: and chairman and c.e.o. of the universal health services, one of the country's largest health care management companies. i think we were on together bay year and a half two years ago. we agree that health care was broken. the system was broken. costs were escalating out of control. i said, what do we need to do to fix it you said, first thing, tort reform. that was a year and a half ago before it snowballed. is that still the answer? >> that's one of the answers. there's a number of answers. that's one and it's not being talked about. it's not being talked about because the democratic party gets an awful lot of money from the trial lawyers so it's off the table. the estimates are that it would save the government $4.3 billion over 10 years. and more importantly, a lot of doctors are doing defensive medicine. that means a number of tests so if they go to court they say, yes, i did every single test.

and that estimate is $100 billion to $200 billion. brian: and you point out that states have already put some type of cap on how much you can get from malpractice insurance. studies have shown that that has kept costs in line. >> yes, it has. in california they put in a cap in o.b. in 1975. the o.b. rates in california are $65,000 versus $175,000 in new york. to me it's a no-brainer. brian: single-payer system cares you and should scare hospitals. why? >> it's not only hospitals. the hospitals actually would probably benefit from this. because everyone would be covered so we'd see many more people coming into the hospital. it's not necessarily bad from that standpoint. but the quality of medicine across the board, we have the best system. we have some problems, as you pointed out. the quality of medicine would go down because you have all of these extra people.

you don't have the money to support all of it without reforming the other problems. and so what you have is a u.k. kind of system. brenda: let me jump in real quick. what we're hearing is going from single payer government option to coop. what's wrong with the coop? >> to quote harry reid, call it whatever you want, it will be a single payer. max baucus said we will have a coop but it will do the same as a single payer to me, it's the same with the public option. it's obscuring what this really is. obviously we depend on what the details are. but a coop, a public option, single payer, nationalized health insurance, universal health care, socialized medicine, it's all the same and it confuses people. we don't want that. brian: no confusion there. i know where you stand. thanks for the insight. >> thank you. brian: 10 minutes before the top of the hour.

eric: bud cans are hitting college campuses. is bud light sending the wreng message? brenda: the ways and means chairman founded anothe another $750,000 and forgot to report tax returns and eye few plots of land he has. that just happens. .

eric: anheuser busch fan can. clad in the colors of 27 universities. parents and schools saying the marketing campaign is promoting more than beer. rather, it's encouraging bing drinking. joining us with more on the subject is dr. fields a member of the red watch fields program.

she lost her son to alcohol poisoning. tell us how you lost your son quickly. >> my son was a freshman at northwestern university. three days before completing his senior year, he died from alcohol -- acute alcohol intoxication. it was part of a, we believe, a drinking contest. >> doctor, he was only 19 years old at the time, right? >> yes. >> eric: underage, binge drinking and on the college grounds, right? >> yes. it was in a dormitory. we believe that upper class men provided him with the alcohol. >> now, let's talk about this new fan can. you suggest that it may not only promote drinking. it's actually marketed towards people probably who are underage, in some cases up to three quarters of the student body is technically underaged.

>> that's correct. i think anheuser busch got it wrong this time. there are studies that show that the amount of binge drinking on a college campus is related to the environment. and that includes advertising for alcohol. so i would be strongly opposed to this kind of marketing, which equates team spirit and school pride with drinking beer. eric: doctor, you are not against all drinking on campus. you are just against underaged and binge drinking, correct? >> yes. that would be correct. i mean, i'm in favor of responsibility with respect to drinking. eric: all right. dr. suzanne fields, we're going to keep an update on this story. i think anheuser busch has actually agreed to not market these beer cans near colleges that have complained about it all right, brian, i'm going to send it over to you. this is for you, brian. brian: let me tell you what's

coming up, eric in the next two hours. you are looking live at the nation's capitol which is behind me. the flag is flying half-staff after the passing of senator ted kennedy earlier this morning. more on his life after this break. plus, town hall tensions boil over. sparks flying even before the meeting gets started. >> the next. [shouting] >> i'm sorry, but i can't even hear the governor and i'm sitting next to him. brian: more from the crowd that gave dr. howard dean a dose of his own medicine and cash for clunkers runs out of road. so how you can still make money on your wheels. is there a way? dave ramsey answers that question and more. this is "fox & friends." has progress taken us to a better place?

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morning to you august 26, 2009. a fox news alert, overnight senator ted kennedy passed away. the 77-year-old lost his battle with brain cancer. the legacy he leaves behind. brian: killed for converting to christianity. one ohio teen says her muslim parents will do just that if she goes home. should she be forced to return or should she keep hiding out in florida? the girl's lawyer joins us live. eric: you are used to seeing him on the sidelines on saturday. now hall of fame coach lowe hotel could be getting into a different kind of game. we ask him about his possible bid for office. our slogan this hour comes from linda in illinois. "fox & friends" will get you rolling with brian, gretchen and ericeric eric bolling. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- gretchen: we start with a fox news alert this morning because overnight while you were sleeping senator ted kennedy of massachusetts the liberal lion

has died at the age of 77. molly lobby is at the kennedy compound. let's start with major garrett who joins from us martha's vineyard where president obama happens to be vacationing. good morning, major. >> good morning, we just learned that the president will make a statement at the blue herron farm where he and the first family have been vacationing since sunday and will and will do so until sunday next. the president will address a cluster of pool of reporters here with reaction to the senator's death. at 2:25 this morning he called senator kennedy's wife vickie, they conversed briefly. the president not only expressing his condolences but condolences on behalf of the family. the white house released a statement under the president's name. in it he says that he and michelle are heart broken at senator kennedy's passing but also says. this i quote the president now.

>> just briefly talk about the connection between senator kennedy and candidate obama and president obama. when candidate obama was running against hillary clinton a very hard fought battle, it was senator kennedy's endorsement that was one of the early electrifying moments that sent a signal throughout the democratic party apparatus that barack obama, the young senator, had the political mite and the visionary leadership so ted kennedy thought. he summoned all of his physical strength, sphruferg an already diagnosed bought -- bout of brain cancer endorse president obama and in a ringing way sort of hand his own torch of leadership to barack obama and then at the inauguration in

january, senator kennedy again summoning all of his physical strength made it there. during the luncheon afterwards a celebratory time for all democrats and relationship between senator kennedy and barack obama just newly minted in president obama. senator kennedy suffered a bit of a seizure. had to be taken away to the hospital. another reminder publicly what democrats were so acutely familiar with at the time that senator kennedy was ailing. the brain cancer was taking a toll. early this morning it took its toll ultimately and the white house said within a couple of hours will express his condolences and that of a nasmghts i want to turn over to my colleague molly lion in heinz hyannis port. >> waking up to the word of the senator served 46 years passed away after a battle with brain cancer. he fought more than a year but

suck combed at the age of 77. the family releasing a statement yesterday evening that they have lost an irreplaceable center of their family. the joyous light of our lives. faith optimism and perseverance will live on in our hearts forever. he spent his final days and weeks here at a place that he has always loved, that the kennedy family has always loved the kennedy compound in hyannisport. a place where he had sailed throughout his life with his brothers and sisters bureau growing up. in recent weeks here in massachusetts we have seen him sailing most recently with family members. of course, helping him on she's short voidges. a place the kennedy family has always sought solace in good times and in bad. a place where he has come throughout his life. finally that life has come to an end. gretchen? gretchen: all right, molly lion and major garrett reporting live for us this morning on the death of senator ted kennedy.

thank you very much. brian: joining us on the phone is chris wallace who has been covering washington for quite some time. senator ted scend a senator who served for a long time but also evolved. arguably the last lap of his career might have been his most effective, correct? >> well, you know, i was thinking as i was just listening to those pieces from molly and major, obviously ted kennedy a very controversial person both personally and professionally. but the fact is, and i think this says something about his impact, both friends and opponents in the senate talked about how different the whole debate over health care reform would have been if he had been in the u.s. senate as an active member over the course of the last six months since obama became president. because he was so highly respected. and not only by liberals but also by conservatives. people like orrin hatch. who they worked together on the

health, education, and labor committee. and there was a feeling he was the kind of person who could have reached out to republicans and tried to make some kind of bipartisan deal to get them buy in. he could sit down with a bunch of very philosophically opposed senators and offer up a deal and make a handshake and make a deal stick. on just a practical political level, with his death, the democrats no longer have 60 votes. no longer have the filibuster-proof majority in the senate and that is going to have a real impact on how they decide to go ahead and pass health care reform. on a personal level, i knew him since 1980. i covered his presidential -- jimmy carter. great fun, great whit, fun to be around. you know, you could disagree with him politically. obviously he had, as i say, a checkered personal history.

but he was a great source of energy and fun. had a great wit, could laugh at situations, laugh at himself. he will be missed. eric: chris, if anyone has an idea how that senate seat might be filled, you would be the one to ask. what do you think is going to happen with that vacant senate seat right now? >> well, they have got a problem. because back prior to 2004, it was very simple. the governor appointed the replacement but they were very concerned in 2004 that john kerry was going to win the seat and that mitt romney, who was then the governor of massachusetts would appoint a republican replacement so kennedy worked with democrats to change the law and to say that the governor couldn't replace him. and that it would have to be an election, five months later there would be vacancy. we now understand how close kennedy was to death a couple of weeks ago when he had sent a

letter to the democratic leaders and now democratic governor of pennsylvania saying, well, let's switch it back to what the law was pre2004, which is the governor gets to name the replacement. of course now as i say there is a democratic governor devol patrick and he would have, of course, appointed a democratic replacement. that's going to be a tough move for democrats to make since they changed the law one way under a republican governor. it's kind of tough for them to change the law another way now under a democratic governor. so, at this point, unless they change the law, there is no senator from massachusetts until there is an election, a special electioned in the next four or five months. gretchen: that's very interesting because there was a lot of talk that maybe his wife vickie who many people say helped turn his life around in the last 20 years, that maybe she would be his replacement politically. but now word this morning that she is probably not interested in that position. would you have seen that as a viable option anyway? >> well, yes and no. i mean, obviously when she said

and the word had come out in the last month or so and obviously we now realize how close he was to death, that she was not interested. i know her personally. she is a wonderful lady, comes from a louisiana political family, was great fun and did seem to turn his life around. he admitted after the william kennedy smith rape charges that he was irresponsible and was drinking too much. and she seemed to turn his life around and, just looking at the pictures on the screen as i'm talking to you, it was a real love affair. she was quite a power. but she said she wasn't interested. of course, we will see what happens now. but, you know, obviously my first thowfts about vickie are that, you know, my thoughts and prayers go out to her because she was madly in love with ted kennedy and it really was a late in life love affair for the two of them. brian: chris wallace, thanks. check in with you again. chris wallace joining us from d.c.

meanwhile, 10 minutes after the hour. for more on ted kennedy including photos, essays, videos and interactive time line of personal and professional life go to fox news.com. while do you that listen to us because we have got to read the news. gretchen: couple headlines for wednesday. passing for ted kennedy. former vice president dick cheney says the administration's decision to investigate cia interrogation tactics wrongly targets the people who help keep the nation safe after september 11th. the probe is focusing on interrogators who went beyond bush administration restrictions. liberals don't think the investigation will go far enough up the ladder. let's talk a little bit about the swine flu. early vaccines for h1n1 are almost ready to roll out. the cdc has requested some doses of the vaccine be available by mid september even though the safety and dosage is still undergoing trials. disease experts say under the circumstances it's best to move ahead. other doctors worry about the risk of premature inoculation

for the latest on h1n1, head to fox news.com. house ways and means committee chair is twice as wealthy as he said he was. charlie rangel's amended personal assets show a quarter million more in cash and a quarter million more in property and stock. he is now apparently worth between 1 and 2.5 million. the house ethics committee is investigating rangel for a string of incorrect and missing. brian: must be so excited to find out how much worth he has. fantastic. obama administration waging war on private health insurance companies. will you end up paying the price? fox legal analyst peter johnson jr. has been scrambled this morning. he will join us after the break. eric: a teenager ran away because she says her muslim parents will kill her if she rushesd home. she shoved be forced to return home.?

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brian: president obama talking tough about health insurers. listen. brian: hostage at any given moment by health insurance companies that deny coverage or drop coverage or charge fees that people can't afford at a time when they desperately need care. it's wrong. it's bankrupting families, it's bankrupting business. we are going to fix it when we pass health insurance reform this year. we are going to fix it. [cheers and applause] brian: but is the president going easier on insurance companies than he talked about? and what would that mean for you and your family? fox legal analyst peter johnson jr. fills us in. i don't get it, peter. i thought it health insurance companies are the bad guys and get hammered by the administration. what's the reality? peter: it appears to be the grand distraction. because on the one hand the president is saying insurance companies bad for america, they they are ripping us off they

have record profits. they didn't in 2008. their profits were down. congress and the presidents are in discussions with the big insurance companies just like they were in discussions with big pharma on the big pharma give away, of billions of dollars to say let's lower the reimbursement rate. and according to the congressional research service, the reimbursement rate for most p.p.o.s, preferred provider organizations, regular insurance plans, private insurance plans is like 80%, 84%. for h.m.o.'s it's 93%. congress was talking about 76%. one bill reduces it to 70%. and now the senate finance committee, according to some reports is talking about 65%. so where your cost as a health consumer used to be 1/4 plus the premiums out of pocket, now it could be 1/3 out of pocket.

so the tough rhetoric is not being matched with tough action against the insurance companies. brian: a doctor charge me $1,000 let's say and right now 80% of that is picked up. insurance companies are now being told you only have to pick up 65% of that 1,000 i owe. >> as a mandatory minimum. so we're talking about 10 or 15 or 320% less than americans currently have. brian: i hear that, do you know what i'm thinking? i have got to go for the public option. the public option, if it's out there, that's another reason to leave private insurers behind, isn't it? >> i understand your rationale. if if it is more expensive and less benefits in a private insurer. let's go to a so-called public option that appears to be delicious at first but may be subject to the kind of rafingsing that a lot of people are fearing. so what we are seeing now is a potential give away by congress and the president to insurance companies under this health care

reform. this so-called reform. brian: is that one of the reasons i don't see cigna. i don't see united. i don't see other health care insurance companies out there. mr. president, you can't go through with this, we are not the bad guys. >> what we're getting at this point is paying out less health dollars to you and me, receiving the same amount of premium, but withstanding attack. they are saying, listen, we will take the attack from the president. but we have already made our deal. so, what we are seeing now under this health care reform of the president and the democratic congress is that it's a substantial lessoning of your health benefits under private insurance. brian: i'm a body language expert. i know when a guest mirrors my body language they like me but when they dress like me, look at this. is he wearing the same suit. >> two suits. brian: two suits they look exactly alike. >> i got this out of the tv

closet. brian: i'm not out of the closet. >> working on it. brian: thank you. straight ahead. a 17-year-old on the run from. [ laughter ] brian: this is a scary story. >> i'm sorry. brian: on the run from muslim parents. if she goes home, she could be killed. can we let her stay, please? since arthur's been eating purina one, he has blossomed... into an incredibly strong, healthy cat. his coat is incredibly shiny and soft and very thick. everybody thinks he's the most handsome cat they've ever seen. [ woman announcing ] purina one for indoor cats... unlocks the brilliance of nature... with a natural fiber blend that helps minimize hairballs... and maintain a healthy weight. [ laurie ] he's a character. he brings so much laughter into this household. and he's the best-lookin' cat there is. [ announcer ] it's amazing what one can do.

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eric: 6 million the number of people who will be killed by tobacco. according to the american cancer society. 4.6% price increase by major beer briewrsz -- brewers already.

all plan to raise prices this fall. $260 million is how much money won south carolina man won in a recent power ball drawing. solomon jackson who is retired he doesn't think the money will change him at all. ok. all right. by the way, it's $353 million right now here the power ball. that's a lot of money. gretch? gretchen: all right, thanks a lot, eric, it's wednesday, which means we have the answers to your most pressing financial questions. today we are talking about debt relief. we all would like to cut back on using credit. but how do we get there? well, let's ask the guy who can help us. dave ramsey is the host on the fox business network. i have you all to myself this morning let's get right to the first question this comes from an email in missouri. >> well, i think it's a really good idea to crawl before you

walk and walk before you run. college and i'm broke and i want to buy apartment complexes? that's a bit of a leap. so, maybe we save up and buy a home first. and then maybe we buy a little rental property and fix it up and get a single family and over the years build a portfolio of real estate and some wealth that allow you to buy something as expensive 5.9%. we have savings of 30,000. we do want to buy businesses in the future and are saving money to get business loan. i wanted to know if this is the right plan to save or pay off mortgage. we do not have any other debt only a mortgage. thank you for your help. >> one of the last things we tell to you could is pay off your mortgage.

if you have got the dream of being an entrepreneur. i'm a small business person. i share that dream with you. go ahead and do that. don't save for a business loan. save for a business. 68% of the businesses according to the census bureau -- bureau of labor statistics were started on less than $5,000. so lots of bill gates' startsed their operation in the garage. start part time in the evenings, get a client based built up and let them give you profits to grow your business with. >> for 20 years i have been doing financial counseling when i hear $4,500 car repair. i hear drama and exaggeration.

maybe you need to get a different bid on somebody to fix that areca. possibly you can fix the car if you can do it a lot cheaper. if it is that expensive repair blown an engine or transmission. do you have an emergency. that's the time to use the emergency fund to pay cash. you don't use emergency fund to buy a car to get into debt though. gretchen: check in with melissa. >> car dealers will let do you a lot of things if you can qualify for the loan. $700 a month for a car payment? what were you smoking? unbelievable. no. what you need to do is you need to sell this thing as fast as you possibly can and get you a garage sale car. if there is any clunkers left in america, you ought to buy one and get rid of this one. gretchen: there aren't any left, dave, trust me that cash for

clunkers thing went on forever. always great to speak with you. thanks for that great advice. >> thanks, gretchen. gretchen: lead gospels out to two clunkers oi-i mean brian and eric in the green room. >> i have been up doing tv last night. >> i don't want to hear -- you have got to be excited. don't tell me how -- bring the ship in. if you are not excited about doing the show. people aren't going to be excited about watching. if you are going to do something do it the right way and stop wallowing in self-pity. stop feeling sorry for yourself. quote -- gotcha? we got to have a great show. brian: he wow, i am fired up. i wish i played with you. it if you had eligibility. >> if you had of, i wouldn't be hall of fame. brian: that hurts. how dare you. why is everyone laughing. lowe hotel will be joining us. colleges filling up. heading back to school much different for students this year. how campuses are trying to prevent a massive swine flu outbreak. that's next.

eric: you have seen him on the sidelines but today lowe hotel is on "fox & friends." legendary coach going to tell us is he gearing up for a run for congress? he would will ask him after the break. brian: i think he is here.

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gretchen: half past 7:00 in the morning on the east coast. we start with a fox news alert. if you are just getting up. senator ted kennedy of massachusetts away from brain cancer at the age of 77. of course known as the liberal

lion in the senate. second longest serving senator in american history. caroline shively is taking a look back now at his legacy for us live from d.c. this morning. good morning to you, caroline. >> good morning to you, gretchen. for 47 years teddy kennedy has put his fingerprints on every piece of social legislation that has passed through the senate. even though he was diagnosed with brain cancer last may he never gave up the fight treating with ride -- radiation, chemotherapy and surgery. he outlived the doctor's predictions. calling health care reform cause of his life. it was one of the things he was unable to accomplish in the senate. kennedy had helped pass the disability americans with disabilities act. meals on wheels. no child left behind. he is best known outside of washington, of course are for famous family. youngest of nine children. oldest brothers had all died violently. joseph shot down in world war ii. john and bobby shot to death by

assassins. taking john and caroline under his wing. other nieces and nephews in addition to his own children and stepchildren. the nation has lost a great leader with this death and kennedy family has lost a tower of strength. those who knew him well say ted kennedy was a regular guy. he loved a good drink and night out and beloved red sox. his life could have gone in a much different direction. the coach of the green bay packers tried to recruit him. he went to law school instead and seven years later elect to the senate. back to you in new york. brian: of course we will be hearing about ted kennedy, his life his passing and replacement. 26 minutes before the top of the hour, one of the wars that we need an update on. there is a lot going on over there over in afghanistan. let's look at the other headlines. gretchen: ok. the taliban spokesperson now denying responsibility for that bombing that killed dozens of people in southern afghanistan's largest city. yesterday's explosion in the city of kandahar left at least

43 people dead. the interior ministry says the blast was triggered by remote control. eric? eric: wasn't just the victim of bernie madoff. cheryl says she was his mistress. she saft down earlier with us on "fox & friends" where she shared her feelings of remorse, for losing her family's savings with the same man she was having an affair with. >> a lot of guilt it was my responsibility for the family to invest our money and to take care of it i felt very responsible and very guilty. eric: she added that after the affair ended the two remained friends. brian: students returning to class in houston, texas are being warned no sexting. the distribution of indecent photos or videos sent via text message. aware of the problem, authorities adopted a ban before the beginning of the school year. recent study conducted by the national campaign to prevent teen and unplanned pregnancy found 22% of teen girls, 18% of

boys have sent sexually suggestive text messages. gretchen: well, colleges are welcoming students back to campus across the country, one visitor who is not wanted, of course, the swine flu. joining us now with the very latest on how schools are preparing is peter doocy who recently just graduated from college. you have know a lot about this topic peter. >> i do know about it thankfully i'm healthy. colleges advise if they have a major swine flu outbreak on campus they need to send kids home. if h1n1 hits certain schools they can send kids home without canceling classes. take a look at this. the most vulnerable group of people to an h1n1 outbreak, college students. over 18 million of them nationwide. they live in crowded dorms, gather in classrooms, and eat together in dining halls, putting them at high risk. administrators hope education and awareness will prevent widespread illness. >> ok. so on to tonight's lecture.

>> if that doesn't work, many schools have a high tech plan b. >> drexel has an amazing system where they can shifted completely to online teaching to the undergraduate population. so in this case, if someone has access to their computer, and they are otherwise well but they are stuck from going to class because we have been able and had to shut down classes, they can continue with their learning. >> it's called distance learning or e-learning. college classrooms across the country like this one at drexel have been wired so if a campus is closed or sick student can't get to class, the classroom can be drought beirut to the student using online educational programs like blackboard. college kids can keep up with their classes. >> in general, if you lock logged in, you would see the lecture notes. you would see any discussion forums going on about that lecture. you would see your assignments. you could take online test. >> centers for disease control recently added 19 to 24-year-olds to the first priority group for the h1n1

vaccine. with the vaccine not expected to be available until late october, students feel safe knowing if their campus is shut down they could still log on. >> i would actually be more relieved and comforting to know that drexel has a system set up for this because with the 10-week quarters if you miss a day of class, you are really far behind. >> that would be pretty awesome. i would head down to sure -- shore and do all classes online. still like a vacation while still doing work. >> the key is not the online aspect it's the distance learning aspect. if your school doesn't have this internet capability, you might expect some classes being held outside or kids being kept at least six feet apart in the classrooms. for more information about h1n1 , go to fox news.com for the latest. gretchen: all right, peter. thank you very much. a very topical point of view today. lots of parents are worried about the whole swine flu situation. thanks, peter. >> thank you. gretchen: ok. let's go over to, and that's our question of the day, i guess. are you worried about your kids and the h1n1 flu? let us know.

friends@foxnews.com. twitter me twitter forward slash "fox & friends." brian, are you going to do sports or let that esteemed colleague of yours do sports? brian: one of the most successful coaches in american history joins us now. yes, he have a chance. lowe holts outstanding broadcaster for espn. yes. lowe, welcome official lear to the show. >> thank you, great to be here. brian: you brought a great trophy for a great cause. >> i never had a daps work in my life. brian: fine. you love what you do some say so would i. boston fans are mourning today because ted kennedy has passed away. the late senator last appearance at a major sporting event happened last april at the red sox home opener. kennedy was a proud member of red sox nation and despite his frail health due to malignant brain tumor threw out the first pitch to jim rice. standing ovation over at fenway park. back in the 1950s tend, they say, played tight end for harvard for four years.

the packers were coming after him. do you believe that? >> if they said it, i believe it. brian: fine. i read it and do you like me. >> you read well. brian: thank you very much. i memorized it. we are on coach, do you know that? in baseball, the dodgers juns a lock for the als leading the colorado rockies by 15.5 games. guess what's happened. >> down to three. brian: you know joe tory, right? >> i know him well. huge win last night though for los angeles. tied game at the 10th. with colorado's player singles off to give the rockets a 5-4 victory. torre's squad only up 4.5 games. you like baseball but you love football. and you know this college football season dr. pepper and you, coach, are teaming up in a big way, giving away a million bucks in college schings? >> that's why i'm really excited about being here, brian. because they are going to give away thousand dollar scholarship every dave from september 1 to

january 31st. in addition to that they are going to give away $123,000 at the championship games. so simple to win. all you have got to do is drink dr. pepper. enter dr. pepper.com and put your code number in. if you win the scholarship, it's transferable, can i give it to my grandchildren neighbor or church. i don't have to use it myself. how great would it be to win $1,000 scholarship and give it to an individual who wasn't expecting that: this is the national champion trophy. dr. pepper represents it that costs $30,000. takes three months to make. we won it in 1988. we won it a couple other years but they didn't give it to us. brian: protesting that coach, you created some waves. you are predict guilty o.o. you are predicting notre dame will win the national championship. >> it's logical. great football team. coaching staff. see, brian, you don't have to be

the second best team in the country. all you have got to do somebody the best team in the stadium 12 straight weeks and i think i will do that. brian: had i chosen football over soccer you are convinced i would have been middle back for notre dame fighting irish? >> had you been there, we would not vft tradition we have. brian: that hurts my feelings. >> do the things you are capable of doing. brian: coach, you are going to come back next and we want to see if you want to add something to your resume. politician. don't answer now. >> i may not be here. brian: you are staying for that question. update on teenager who says her -- this is serious stuff. says her muslim parents will kill her because she converted to christianity. listen. >> i just want to say that i love my family. i love them so much. i love my parents, but, yes yet, i'm so in fear of my life because of the past abuse that i have encountered. brian: will she be forced to go back home? her lawyer joins news 10 minutes. aflac trivia question of the day. when this shoe store added aflac

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gretchen: what a pleasure to have former north game football coach and legend lowe hotel here. we have been chatting in the break here. one thing that a lot of people would like to know is whether or not you had the opportunity to meet senator ted kennedy. you said you testified on capitol hill before. >> i testified on capitol hill for diabetes and other things and fundraising. when you are up there, you have the opportunity to meet senators. i met senator kennedy. there can be no dispute of the contribution he has made to this country. and the kennedy clan, you know when i was growing one john f. kennedy i remember exactly where

i was when n. 1963 when he was shot and then when bobby kennedy was shot. and just the difficulties that they have endured during life. brian: right. you are thinking about getting into the business they did politics. what will ultimately decide whether you will be congressman lowe hotel? >> well, you sit there and you get tired of screaming at tv and tearing up the newspaper. i'm one of these old fashioned people. i believe in fiscal responsibility. you know, i know we ran a budget. when my children were small when they wanted something no, we can't afford it that's just part of it about the freedoms, et cetera. you know, it ain't going to change my life. i'm so old i don't buy green bananas anymore. i have built in term limits already. you don't have to worry about me. here is a point. i think you have an obligation to the grandchildren to say, hey, this isn't the type of country or the direction i want to leave it you ought to do something about it however with my situation, i don't believe i can. i'm involved with tv. i don't need lawyers, i don't need contracts.

get to where you are going to go do something you go do it. i do hope that people will step forward on things that they believe. brian: you think florida, right? it would be florida. >> that would be florida. that's where i live. we have had a home there for many, many years in florida. i was raised in ohio. but it's not about politics. it's not about republican. it's now about this country. what's in the best interest of this country and what do we need to do to make people accountable? i believe that life is a matter of making choices. you make bad choices you are going to have bad things happen to you. eric: what's the number one issue on your mind say you were to run for a congressional seat. what couldboo it be. >> it's a combination of things. number one, look at the financial standpoint. like dr. pepper giving these scholarships because people are having a difficult time right now. everybody should have the opportunity to succeed. i know we talk about health care and i'm dr. lowe on tv. i'm not really a doctor. as a matter of fact, i finished second in the country at notre dame. everybody called me an idiot. the guy that finishes last at

medical school they call him a doctor. in any event i'm not a doctor. i think you look at health care and, you know, we have some things that have to be changed. but i think tort reform, also, has to be changed. and it has to be part of lowering the cost of making it available to people. once again, hey, i'm not a politician. i don't want to get involved in it i would like to not because i want to but because somebody needs to step up. people sitting there listening say i'm not going to scream or holler i'm going to get involved. somebody much younger than me, more intelligent than me get involved. gretchen: one little problem with running for office, you would have to give up your golf game i don't think you want to do that either. >> there are times where people want me to give up my golf game, my partner, but i do enjoy golf. gretchen: lowe hotel, what a pleasure to speak with you this morning. thanks for stopping by on the couch. >> thank you for having me. always a pleasure to be with you. brian: could be congressman lowe hotel. a 17-year-old on the run from her own family. coach, you were telling me about

this, this is in your area. she says her michelle parents will kill her if she goes home for converting to christianity. the girl's lawyer joins us with details disturbing story over in orlando. that will be next. gretchen: first on this day in history way back in 183, how would you pronounce that? krakatoa. volcano in indonesia exploded killing 36,000 and generating a tsunami that may have reached england. in 193 the dodgers beat the reds in 1939 tell -- televised baseball game. eric you could have read that one. eric: 1974, maybe brian should have read this one he was around then. having my baby was the number one song. brian: he didn't sing it to me ♪ face is glowing ♪ i can see it in your eyes . . the great taste

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gretchen: the answer is valerie simpson. a teenaged girl from ohio is hiding from her own family. she says they will kill her for converting from asislam to christianity. >> i just want to state that i love my family. i love them so much. gretchen: she says shariah law calls for honor killings. joining me now from florida is rifqa bary's attorney. you say that you would normally be advocating in parental rights. in this case, you're advocating

for the child. why? >> no rights are absolute. obviously, if you are in danger, the state has an interest in protecting children. state has taken custody of rifqa bary because of the threat to her life status by her parents and the intensely extreme muslim community that surrounds the area where she lives. gretchen: some people would say that she is a 17-year-old and no matter what she should go back to her parents and there's no way that shoulthey would actualy kill her over this. >> there have been two honor killings in ohio in the last decade. the cultural center where her parents attend have been directly linked to terrorist activity.

this is not a joke. the judge realizes that. the governor and attorney general realize that. there are direct links to the extreme muslim community. we have a duty to protect rifqa bary from the situation. she is a walking dead girl if she goes back. gretchen: some people will say, how could this possibly be happening in america? how do you respond to that? >> a lot of us with the western, more christian orientated minds think it is unthinkable. the reality of it is, many muslims are peaceful and law- abiding citizens. there are an increasingly

extreme number. gretchen: i know that rifqa bary appreciate you represented her. thank you. >> thank you. gretchen: if you want to e-mail the governor of florida, you can't e-mail him at charlie .crist@myflorida.com. a woman who helped catch a crook with a little help from her favorite show. we continue to follow the death of senator edward kennedy. he died overnight after his battle with brain cancer. president obama will make a statement from martha's vineyard. we are back at the top of the hour ( siren blaring )

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[captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- gretchen: good wednesday

morning. this is a fox news alert. president obama about to speaking out on the passing of senator edward kennedy. the 77-year-old died of brain cancer last night. eric: town hall tension boils over with sparks flying before the meeting gets started. >> i am sorry but i cannot even hear the governor and i am sitting next to him. eric: he gave howard dean a dose of his own medicine. brian: the country music star jack ingram is here. he will tell us about his new record. gwen in michigan said -- i have

never been one four fan clubs and trends, but now i am a groupie for "fox & friends." gretchen: good morning, everybody. senator edward kennedy has passed away at the age of 77. major garrett is in martha's vineyard, where president obama is on vacation. the president will be making a statement of some sort. >> that is right. the president will give his remarks from the private compound where the first family is vacationing. 8:30 a.m. live remarks from the president and beginning the national mourning process. the white house released a

statement early this morning. i want to read a section of the statement. it says -- just think about the connection between barack obama and senator edward kennedy. obama's coming out party occurred in boston in 2004. boston politics has been part and parcel of the kennedy life for almost three generations. in 2008, kennedy's endorsement of the obama was a galvanizing moment for many on the left in the democratic party. and a signal that the clinton approach to democratic politics

might not be what the country or the party needed. in the democratic convention, ted kennedy, having been diagnosed with brain cancer, summoned all of his strength to come out in a memorable way. ted kennedy came to the inauguration and celebrated it on the podium. he went to the luncheon after and collapsed, a telling signal to the nation that the cancer was weakening his entire body. i am told that the last time the two had a conversation between each other was on june 2. in mid july, ted kennedy was unable to participate in the call with the pope in vatican city.

back to you. brian: could and to make the argument that of ted kennedy does not come forward and support barack obama, he does not become the next president? >> you could make that argument. there was a tremendous amount of momentum for canada to obama at that time, but 10 kennedy -- there was a tremendous amount of momentum behind candidates obama at that time, but ted kennedy said he had the political smarts, the political muscle, and the intellectual heft to carry out this task. that offered this kind of credibility that was somewhat surprising at the time. it gave barack obama added lift. it did not guarantee anything. there were tough encounters with clinton after that moment.

many look back on that. you would have to rate kennedy's endorsement at the top. briangretchen: equating presidet obama to his brother, john kennedy was key for me. >> this two careers are absolute contrast. senator edward kennedy had his own personal problems and weaknesses that derailed the campaign. then he became a memorable legislature. barack obama did not come to capitol hill to be a legislator. he came to be a political leader. he was able to achieve much

more, much earlier than ted kennedy. the two lives are completely contrasting. the endorsement was not only ideological, political, but it was also generational, and it made a big deal. gretchen: major garrett, thank you. brian: something else was gluon yesterday before this sad news. that was the town hall meetings. john mccain was out there. he likes in directing with people. you remember the campaign. were you surprised to see some of the turbulence that nearly hit him in the face and arizona? gretchen: i thought it was interesting. i have not seen mccain back in this role since he was campaigning last year. he was using some of his same catch phrases. i had to chuckle at some of those things. for the most part, the crowd was pretty much in favor of john mccain. eric: i like his politics, but a

stark contrast between a mccain moment -- the few moments he is standing there and you're waiting for him to give you something, and the barack obama talking points. he was not doing it for me yesterday. brian: here is senator john mccain in an unscripted moment. >> no compromises, senator. >> to do nothing is not the answer, but to have a government takeover is exactly the wrong way to go. i will tell you right now. if it had not been for these town hall meetings, i believe that health care reform and the government plan would have been eroded through the congress right now. brian: people say do not compromise because if there is somebody on the republican side who will talk deal, a lot of times it is senator john mccain.

gretchen: and one of the people he used to talk deals with was senator edward kennedy. how about congressman jim grant? he yelled at some of the angry town hall people. >> i cannot even hear the governor. i am sitting next to him. that means there are hundreds of people in this gymnasium who cannot hear him because of a handful of people. these folks are not from the eighth district. they do not belong here. i am going to ask them to leave. >> who are these experts? who? help from howard. i ask you, congressman. you are my congressman. >> let's have a vote.

all those in favor of getting rid of medicare, raise your hand. brian: there you go. two different ways to handle confrontation. eric: they do not get it. this is the process. it is not about talking points. it is people saying i am against this. brian: you cannot yell back. you cannot marginalize people are bashing against your views. gretchen: we will continue to follow that. in the meantime, this is what will be happening now. things will start coming out of the woodwork about those stimulus checks. what about the stimulus money that is being given out? some of it went to people who are behind bars. yes, prisoners were receiving these $250 checks.

we talked to the reporter earlier to one covered the story. >> we know across the country that 3900 inmates received the onetime stimulus payments. of that number, 2200 fall into the category that we discussed previously of individuals who were lawfully collecting payments late last year and early this year. the remaining number, 1700, are being reviewed by the social security administration. gretchen: there you have it. and you are wondering whether or not the money will ever come back? i doubt it. eric: they give some money to dead people and now inmates. brian: what else is happening? eric: when the federal

government wraps up its budget this year, the federal deficit will total $1.6 trillion. that will be the difference from what the government spent for cash for clunkers and the bailouts. tax collections have shrunk more than ever since the decree depression. gretchen: early vaccines for h1n1 are almost ready. the cdc says it has requested some doses to be available by mid september. the safety and proper dosage is still undergoing trials. experts say it is best to move ahead. other doctors worry about the risk of premature inoculation. for the latest on h1n1, go to foxnews.com brian: chris brown is insulted fogets community lar

assaulting rihanna. he has to stay away from her. gretchen: talk about a perfect match. he needed a kidney transplant. his wife was not a match. the same situation was happening a few miles away. here is the incredible part. each spouse was a match for the other couple. >> the likelihood of this happening is about 5%. gretchen: a transplant coordinator was the one who recognized the match. what a wonderful story. brian: president obama says he wanted to move forward from claims of detainee abuses. why is the justice department calling for investigations? dick cheney such we should be thanking the cia interrogators.

eric: a fan of "law and order" president obama will be making a statement, and about 20 minutes. (announcer) what are you going to miss when you have an allergy attack? achoo! (announcer) benadryl is more effective than claritin at relieving your worst symptoms. and works when you need it most. benadryl. you can't pause life. and added a little fiber? sweet! sweet! (together) sweet! (announcer) now for the first time, a gram of healthy fiber in every packet. sweet! (announcer) splenda® with fiber.

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gretchen: former vice president dick cheney speaking out over eric holder's decision to prosecute cia officials. he said -- is the decision putting american lives at jeopardy? let's ask our panel. good morning to all three of you. i'm going to turn to you, regina. dick cheney, announce winning

again. he said the obama administration is risking the safety of americans. >> that is in line republicans always use. the obama administration has actually distanced themselves from this. people on the left are focusing on those who carried out the torture, as opposed to the bush administration. those on the right are upset for exactly what dick cheney said. are we going to put art service people in jeopardy overseas? the problem is the problem we all have when we get a new job. we think we know what we are getting into until we get into it. that is why he has made this decision. he has learned new information that he was not able to move away from. gretchen: i hate to be cynical.

could it be that president obama says that he does not want to investigate this, but asked eric holder to investigate this? >> i am looking at -- we were so shocked on that horrible morning of 9/11. one of the things we quickly realized is the work that had been done by senator frank church -- we learned that even with things like the patriot act, which was a horrible, a tough fight for civil rights and america. i have come over the years to not have a great deal of regard for the justice department's ability to exercise self restraint. this is an arm and a government that needs to be stretched out.

do we further debilitate our capabilities of having the intelligence that keeps us safe? gretchen: michael goodwin, i will start with you in the next block. president obama have been a tough time selling health care. now he is turning to the godfather? jacking gr ingram will perform t from his latest album. now you can get unbeatable prices on the latest name-brand cell phones where you already save. well, actually just a few rows over in walmart's expanded electronics department. your new, fully-activated at&t, t-mobile or verizon wireless phone is a lot closer than you think.

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gretchen: during the 2008 campaign, senator obama named " the godfather" as his favorite movie. >> i am going to make him an

offer he cannot refuse. gretchen: is it possible that he is making a health-care offer we cannot refuse? we are back with this morning's political panel. you wrote a very clever article about the president and the fact that his favorite movie is "the godfather." >> by going to war with the republicans and health insurance companies and doctors and critics and, it is like going to war. obama is for doing away the great mandate that the public gave him last year. he is making a lot of enemies. it is creating a lot of distrust in the public for him

across the board. i book version not to go to war, not to go to the mattresses, but to make peace. >> i do not want to criticize. i know everyone is criticizing. his problem is that he handed the keys to 535 congress members to drive the car. he did not give them a road map. he needs to take it away from them and just cover the uninsured. that is one of the reasons we voted for him. not try to do the public plan. expand the s-chip program to cover every child. gretchen: would not agree with everything he has long been into this health reform plan. you sound like an independent. >> i am middle of the road. i am a moderate. gretchen: isn't this the

problem? a lot of moderates did vote for president obama? once he got into office, some people said he showed his true colors. >> i do think that he let the congress get their hands on this. people like george miller. in 1984, i was shocked by george miller's aggressiveness. the american people are going to get it whether they like it or not. it took my breath away to see that. i would be willing to bet you right now that george miller has a greater overall say in the structure of the legislation we are looking out on the committees than any oother single member of the house or senate. gretchen: thank you for joining us. we are waiting for president obama to speak on the death of senator edward kennedy.

we will be taking you to martha's vineyard in four minutes from now. controversy brewing over these beer cans. those are the colors of some of the country's top universities. is that a good idea, to promote underage drinking? a woman catches a truck with a little help from her favorite show, "law and order" and she tells us how she did it. she is better than the cops. - hi. - blue shirts: hello!

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eric: this is a fox news alert. senator edward kennedy has died at the age of 77. he passed away overnight after battling a brain tumor. we are awaiting president obama to speak from martha's vineyard. gretchen: what are we hearing now from the family this morning? >> understandably the family released a statement. not a whole lot of information right now. they will be gathering here throughout the day. in the statement, they say they have lost the irreplaceable

center of the family and the joy of our lives. they went on to say that he always believed that the best days are still ahead. they say it is hard to imagine any of them without him. passing a late last night at his home. this was a place where the kennedy in family made so many memories in good times and bad times. this is where he passed away. >> in washington, the statement of condolences to the family are coming from both sides of the ideal. senator edward kennedy spent 46 years and nine months in the u.s. senate. it is hard to believe that his career lasted that long. he is the third in line as far as the senator who served the longest between thurman and robert byrd.

he had a reputation as being a deal maker. as partisan as he was. he had the support of liberal groups and the admiration of liberal activist groups and unions. that provided him the cover to be able to negotiate in the u.s. senate. a lot of republicans will say that in order to get things done, ted kennedy was one who could make it happen behind closed doors. because he came from the left part of his party. some republicans, including john mccain, have said that the health care reform debate has been hurt because ted kennedy was not a part of it. during the bush white house, ted kennedy was instrumental in getting no child left behind passed on capitol hill. a lot of people are looking back on his senate career in later years and praising him for his

ability to get legislation passed. obviously, his career spans a long time. have the tragedy of his two brothers having been assassinated. you also have the personal tragedies and dark moments. the chappaquiddick incident. you also have him standing trial and testifying for william kennedy smith, his nephew in florida. he had a life that had bright spots and dark spots. he was remembered here on capitol hill for being the man who could get things done behind closed doors. that is why you see all the statements from republicans and democrats in full force today. brian: will the obama administration decide that he was the impetus behind making health care reform number one, but do think they will name the bill after him?

do you think they will use his legacy and ideals to get some momentum behind the bill, at least among democrats? >> i would not be surprised. i do not think you will see the bill title kennedy's bill. it is largely seen as not the option that anyone can sign onto, the bill that came from the senate. it is full of the public option. i bet the democrats will try to tap into some of the motion about kennedy's passing and tried to push democrats to say how important this, which was ted kennedy's career issue, and how important is. gretchen: so much has been made about his bipartisan efforts.

if senator edward kennedy had not been so ill, how do you think he would have advised president obama to reach out to republicans? >> i think ted kennedy would have told the president to lay al20out what he wanted all alon. the administration has done it differently. they have handed the keys over to congress to come up with the legislation. there has been some vagueness on the message from the white house, which has left the door open for the opponents to say this is not what we need one. had kennedy then a part of the negotiations, just by his

presence, and his ability to talk to people on both sides of the aisle. eric: this at the fox news website or more on the life and legacy of senator edward kennedy. brian: other breaking news. it has not slowed down. gretchen: britain's prime minister gordon brown expressing outrage over the release of the lockerbie bomber. gordon brown says he was repulsed by the hero's welcome that al-megrahi received. the prime minister said he played no role in the release. there have been a lot of talk that possibly prime minister gordon brown had signed off on that. it would have been a political disaster. brian: al-megrahi thanked gordon brown.

eric: the federal reserve has chosen a labor leader as chairman of the federal reserve bank of new york. he had been serving as acting chairman of the fed board since may when stephen friedman, a former goldman sachs executive stepped down. he will now lead the new york fed's nine director. it is the first time a union boss has been named to this post. gretchen: another day, another struggle. the launch was canceled because of a fuel valve. the next launch is scheduled for friday. let's go outside for the weather. what is happening as the summer comes to a close? >> we only have a week left.

everybody goes back to school and back to the grind. we will see a little bit of a preview for that in the temperatures. up and down the eastern seaboard, it is still hot. notice that cold pocket of air over cleveland? that is a preview of what is to come for the east coast. we are looking at some scattered showers and thunderstorms. in chicago, you will see scattered showers and thunderstorms once again as you head into the afternoon and evening. that is the latest from out here. have a good morning. gretchen: thank you very much for the update. all it took was some tv tubbs for our next guest. she helped catch a thief.

>> what are you doing? she already admitted that she made up everything. >> i know this woman was abused. >> then why would he buy her a tattoo so she could pose as someone else? brian: that was a good portion of the episode that spurted this neck story. she helped police catch a criminal with some help from the tv show. listen to this. >> got a runner. gretchen: here is what happened. there was a young woman in new york who was doing her job one day and a man came in. he is asking suspiciously. this is the woman here to tell

our story. you are a fan of "law and order" and so you began your own detective daniel helped the cubs catcher a career burglar -- you helped the cops catch a career burglar. he left a cup on my desk. he's still an ipod -- he stole a n ipod. i was thinking, the cup was like dna. at first they said they refused to take the cup. it seemed like a small crime, but you never know. gretchen: they usually do not solve those crimes.

eric: did to save the cup? >> no, i had two pales near my desk. i've put it nicely in the pale. the cleaning service overlooked that. brian: they recognize the man in the surveillance. >> they asked if i still have a cuthe cup. brian: they matched up and down to the man. he had three more hits. >> over 10. gretchen: did the police thank- you for york detective work? >> no.

brian: you deserve a raise. >> it is really nothing. gretchen: either that or you could moonlight as a cop. brian: and years in jail. >> they will prosecute him. they have him on a video. hopefully this helped get him. gretchen: thank you. first we heard about the so- called public option and now we're serious about health care co-ops. are they the same thing? the former health and human services secretary will join us. brian: country superstar jack ingram sings his ghit. rum silver

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brian: some congressional democrats have expressed interest in creating a co-op as an alternative to a government run health care. the center says it is just the public option in the skiedisgui. eric: if the government gets involved, they make the loans to start it. then they end up making payments. it sounds a lot like a government run program to make. >> when the government funds it and makes decisions on who would govern it, and when the government takes responsibility for losses, this is government run health care. it has a nice middle american name. there's no question that this is essentially not a co-op, but it is an an attempt to coopt the debate in a way that would be

more accessiblacceptable to the republicans. brian: is a bad thing for companies to combine in order to get a discount on insurance? >> co-ops are a big part of america. i used to buy gasoline for our tractor at a gas station that had been set up by a local community to do that. this is the government funding it and making decisions on who will govern it. and taking responsibility for the loss of claims. there are many different definitions talked about. if you look at what senator schumer said, he said i wanted to be big and national. that is a much different vision of what a co-op is in middle america. brian: michael leavitt, thank you.

meanwhile, they have been warming up and impressing us throughout the morning. country superstar jack ingram here to sing "barefoot and crazy" next. first, megyn kelly is here to tell us what is talking about. megyn: with the department of justice interrogating cia interrogators, what happens next time the cia is asked to interrogate an al-qaeda suspect? is this a good idea as we fight the shortage of primary-care physicians? did you see the john mccain town hall yesterday? an update of the top of the hour. .

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gretchen: it is a sleepless 24 hours for most consecutive radio interviews for jack ingram. he is not done yet, he is here. why would you want to do this? >> i have got to promote the record. talking to country fans across the nation. brian: you beat our next co- worker. how dare you? >> i meant no offense. brian: let's hear a single from your new album. >> this is barefoot and crazy. ♪

clouds are parting the summer sun starting to burn down on that river my baby is waiting i got the chevy shaking i am blazing a trail to get her there she is she has got her shades on an man she is looking strong line all line with the weekend the cooler is loaded down we're headed out of town jump and off the deep end going barefoot and crazy me and my baby back live off the flipped right bridge double dog dare me and i will meet me at the bottom with a cool wet kiss she's rocking that bikini top my heart's skipping like a rock across the water don't ever want to stop

going barefoot and crazy the sun is dropping we got the fire popping and it is lighting of her blue eyes with a little bit of luck it will heat things up and we will be living in the light break out my old guitar singing fishing in the dark baby get ready will take a little set we will take a little bit asleep in the bed of my chevy going barefoot and crazy me and my baby just me and her and the man in the moon drinking on a cold but brew morning leleck, way too soon will wake up and do it all again wishing it would never end anybody asks where we have been tell them barefoot and crazy

barefoot and crazy me and my baby i did a back flip off of the bridge double dog bear me and i did met me at the bottom with a cool wet kiss rocks that bikini top my heart is skipping like a rock across that water do not ever want to stop going barefoot and crazy do not ever want to stop do not ever want to stop doing barefoot and crazy -- going barefoot and crazy ♪ gretchen: we will have more with him in just two minutes. -% show and tell

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what will you get back with your cash back? it pays to discover. gretchen: what was the worst part about doing 24 hours straight of radio interviews? >> it was grueling, answering >> it was grueling, answering the same