and only $100k-plus talent. steve: ahmad, troy aikman and the jimmy johnson on the show. -- tomorrow, troy aikman and jimmy johnson on the show. brian: very impressive. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- bill: fox news alert, this could be the most important speech that the president delivers in his time in office. the president is going to lay out his plans to a joint session of congress and the american people. over the next two hours we will try to answer your health care questions with a great lineup. the lead white house spokeswoman on health care reform. all live on this powerful and important addition of "america's newsroom."

good morning, everybody. nice to see you. megyn: welcome back, bill. i am a megyn kelly. we begin this morning with a collision course for the ugly truth. the federal government is running out of money. the treasury is looking to borrow $1 trillion. how much is that, exactly? we will be paying roughly 600 billion every year just in interest. bill: break out your best and biggest calculator. good morning, stuart. >> the real story is that congress has to authorize this money that we are bothered -- borrowing. that debate will take place over the next few weeks, just as they are debating health care reform, which might cost $1 trillion over 10 years. this is a very complicated

factor. there is a gigantic borrowing need of the federal government. because it has to be debated in congress, it will surely pass, but it has to be debated, so there is a lot of leverage for lots of politicians to tinker with the details. the two are colliding. the debate over health care and the debate over the extra $1 trillion that the treasury wants to borrow. bill: whether they collide or not, the deficit is getting bigger and bigger, is it not? >> the outstanding national debt that we, as america, towe, gaining $100 billion about every five weeks. bill: how much? >> $100 billion added to the national debt roughly every five weeks. bill: that is like once every

month. >> yes. the ceiling is $12.10 trillion. we have got to raise the ceiling. the house wants to raise it to $13 trillion. we do not know at this point. but they have got to raise the ceiling. the debate takes place just as we are debating health care reform, which might cost $1 trillion. bill: we will have a measure of that just before the president goes before congress. thank you, stu. another bright, shining moment for our nation's future. we will see you in the next hour. megyn: our fox news washington team said that there is a sign that senators could be close to a bipartisan breakthrough if you count a couple of republicans. stores are telling us that olympia snowe is on board with

the deal. but we are not sure what the deal involves. yesterday was the first time that the group negotiated with the senate finance committee. that was the first time that they met face-to-face for august recess. max baucus, who chairs that committee -- the one in the senate, it is all happening, pushing for a broad agreement tonight. what that committee today for breaking news and what, if anything, they came up with. bill: the speech is being written this morning, one of the main reasons behind the health- care overhaul is the number of uninsured americans in the country today. who are these people? our brain team reports that at any given time about 45 million americans out of 300 million do not have health insurance. 18% could get medicaid but choose not that -- choose not

to. 30% choose not to get insurance from their work. one plan calls for finding the people with no insurance. -- fineing the people who do not have insurance. megyn: some parts of the public option have not gotten a lot of attention. like the so-called health choices commissioner. this would be a presidential appointee that would ultimately call the shots on which treatments are covered and which are not. mike emanuel is live at the white house for us. what is the deal with the health choices commissioner? >> he or she would oversee a brand new bureaucracy that would run health care reform, if it is passed. they would set the standards of what is required to participate in government health care reform. if you are insured, you want to be involved in an exchange of

sorts. if this person would have to set the standards. there would be a lot of power, considering that it is 1/6th of the american economy. megyn: how much power would have? people worry about rationing in the hands of the federal government. >> this person would have the ability to find health care insurance companies -- fine health care insurance companies. they would have the ability to kick them out of a health care exchange. some of it is still a bit vague, but this person would have tremendous power. a controversial option, this individual or agency would with the government squarely in the health-care business. there is a lot of concern for people that do not like the idea of the government

overseeing your health care. megyn: tonight, what are the expectations for this speech? >> a tremendous expectations. the stakes are extremely high. how much will the president be able to sway people? there might be a timetable set tonight for health care reform to get done. we know that the white house is telling democrats on the hill that they would like to see it done before the end of the year. megyn: they were saying that if it was not done by october 15, they would not be able to push it through using reconciliation, the so-called nuclear option. mike emanuel, live at the white house. thank you. >> thank you. bill: everybody tells me that i am wrong, but there were six

bold " from six different members of the house democratic side. all six of them had different ideas on what they would not agree to. bill: on the house side, i do not know. if the blue dogs do not sign on? >> the gettysburg address tonight? talk about a home run. megyn: who is he aiming to speak at? the american public is very divided on this. what are the odds of actually persuading those people to jump to the other side? they have heard all the arguments. how is this going to change the debate? >> in -- bill: in 30 seconds this is 09/09/09 09:09.

megyn: very exciting. bill: we cannot go to break, we have got to hold on for this. in 12 seconds it will be 09/09/09 09:09. megyn: do you make a wish? everyone get ready. eight more seconds. hold on, here it comes. 3, 4, 09/09/09 09:09? make your wish! ok. my wish is that we go to the break. bill: not going for the tourists visiting the shore for the great white sharks in cape cod? marine biologists say that even more man-eater's could be hidden out there. megyn: remember this town hall

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bill: that is our grand master mix back there. our next guest says give us a public option or you will let get my vote. congresswoman jan sharkowski, she has gone on the record saying that she will not support the bill without a public option. good morning to you. three weeks ago, august 17 on the calendar, the president straddled the line on the public option. tonight, is he going to be for it or not? will he pushed it or not? >> i expect that there will be a plan for a public option in his message. not for ideological reasons, but because that is the way that we can absolutely control prices. one price where we can

save money. bill: but it will cost us trillions. what about that cost? >> the public option will be the mechanism to pull down the cost and provide competition through the insurance industry, which has an oligopoly on the markets in our country. this is the way that we are actually going to be able to inject competition and keep these companies honest. bill: keep them honest or run them out of business? >> look, i have not taken an oath to protect the high profits of the insurance industry. yes, they will have to change their ways, but they will have to compete. you cannot have it both ways, the public option is a bad idea and that it will drive us out of business. they can compete with the public option, which will be just one

choice. bill: that is part of the debate, i respect your view on that. let me give you a different angle. how do you get something done in the house? looking at your democratic leaders, there are 52 moderate democrats in the house. he said to forget it if there is a public option in the bill. this is pitting democrats against democrats. how do you get to a simple majority vote to get the bill through the house? >> mike ross did vote for a public option in the energy commerce committee. as the negotiations and debate, despite all of the he and not so much light, they are really just starting out. when we look at the dollar figures and the proposals on the table, if this one makes the most sense, that is what we will do. bill: to be clear, mike ross

said this just yesterday. he may have supported it of other legislation, but when it came to health care he said that he would not get his vote. >> as i said, this is the beginning. a lot of things are being said. at the end of the day i think we will have a bill, a good bill that will make sure that all americans have access to affordable health care, validating a public option. bill: when you talk about a public option, is that the first step towards a single payer system? is that something you would support? >> first of all, i think that it is the most efficient way to deliver health care if we were starting from the beginning, have a single payer, medicare like proposal. obviously that is not something people have any confidence in right now. bill: you are saying right now. you would hold out hope in the

future that the government would run all health care in america? >> first of all, understand, this is not government running health care. this is government making sure the people have access to health care. senior citizens get to pick their doctors, they have a completely free choice. in fact, often more choice than under private health insurance. we are not talking about the government running health care like they have in great britain. bill: i want to be clear, you do not support the system that you see in the u.k. or canada? >> we can have a strictly american kind of health care. that is what the president is proposing. the features are that it will be affordable, not adding to the deficit, freeing all americans from the worry of being able to take care of themselves and their children.

that is the important thing. bill: in this speech tonight some have said that this is a make or break. if you do not mail it to night before congress in the american people, if you do not get a bill done this fall, the rest of your term as shot. is that accurate? >> the speeches in the house, the sec, in congress, it all really matters. the president has left it to the congress, i hope that he will inspire us tonight. bill: i do not think that i answered -- i heard an answer to my question. >> yes, the answer is yes. i think that it is very important. bill: thank you for your time. what is coming out? megyn: what happens if they do not pass insurance under these new proposals? according to one plan, you could

get hit with huge fines. we are talking thousands of dollars. bill: riddle me this -- why are great whites swarming off the coast of cape cod? what do researchers say? >> you get this amount of sharks in one area, it has never happened on the east coast before. there was a time i wouldn't step out of the house without my makeup. now, it's no problem. (announcer) neutrogena tone correcting night serum with high performance soy to even skin tone and active retinol to speed cell turn over. clinically shown to visibly fade brown spots in 14 nights. i even out my skin at night so it looks younger, flawless in the morning. (announcer) neutrogena tone correcting now you can fade and prevent discolorations all day. new tone correcting spf 30.

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bill: marine biologists, tagging great white sharks in a wave of unusual sightings of the coast of massachusetts. there might be more out there. a marine researcher was on our show on monday telling us that the great whites are showing up because the seal population is booming. biologists tag three sharks

yesterday, it is the first time that marine researchers have been able to tag a great whites in the atlantic. not an easy job, as you can imagine. >> how it is swimming, going left or right, you only get the one shot. >> you park your boat 8 feet away, 10 feet away, i just put the ball right on the shark. they kind of know that you are there once you get behind them. you have got to time it right. one of the greatest things i have ever done in my life. bill: about 30 miles of beach in massachusetts, state officials have been prompted to shut down a number of beaches indefinitely. i should say so. megyn: well, right after president obama finishes his congressional address this evening, republican congressman

charles tristani will deliver -- charles boustany will deliver the republican response. he is one of the very few doctors in congress, making him one of the few lawmakers that has firsthand knowledge of how the medical system reworks. molly is live in washington with what we can expect from the congressman tonight. this has got to be the biggest forum he has ever addressed. >> yes, certainly. his speech will run about five minutes, we expect that he will focus on the republican approach to health care reform. something that he calls common- sense reform to bring down insurance costs for individuals and small businesses. we are likely to hear from him a lot about working in a bipartisan fashion. megyn: we might hear about bipartisanship, but how far do

we expect him to go when it comes to compromise with democrats? >> he said that it is important to get all options on the table and get it right, but he stopped short of supporting the so- called public option. he also said that republicans want to be more involved in the debate, but that they are being shut out by democrats. listen. >> we have been working hard to talk about the things that are important, working hard to get the cost of health care down. we want to work in a bipartisan way with this president and this congress, but we feel we have been left out of the debate. >> following the president tonight is a tough job, but as the congressman said, he is used to the pressure. megyn: that is real pressure. [laughter] we will watch tonight. molly, thank you so much. of course, folks, you can watch all of that happen live, here on

fox. we will hear the president's address to congress live, 8:00 p.m. eastern, 5:00 p.m. pacific, followed by a republican response. we will have complete analysis and a breakdown of the key points with mr. bill o'reilly. it all happens live, tonight at 8:00 p.m.. he will come on and say something like i disagree with everything that he said. bill? back to you. bill: you are right. [laughter] below riley was on after the east room conference. he was confused, he said. megyn: it has got to be explained in a way where everyone can understand it. on tv we always talk about how if you do not get it the first time that i say it or bill says it, and you are committed to the show you go back, and you are

lost. that is the president's problem with this message on health care. bill: senate democrats say that they are ready to ditch the republicans and pass the bill with a simple majority. they used something called reconciliation, also known as the nuclear option. next, judd gregg, and how he plans to stop the option. megyn: he is back. rev. jeremiah wright, we will take a look. what is he saying about health care reform critics? you might have guessed it. >> what do you think about the health care bill? sfx:racking of a taillight.

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bill: one of the major headlines we are waiting on this morning is about a key health care proposal, a compromise put out by max baucus. he is a democrat. compared to the other plans out there, his bill is still considered moderate. it comes with a hefty price tag, $900 billion every 10 years. one way to pay for it is to find americans who are not using their own insurance. what is the idea here, peter? >> there are a number of

proposals, including the senators, that would impose penalties on people that do not buy into the system in one way or another. for example, in his proposal he would charge up to $950 every year for an individual that does not purchase health insurance in the new system. families would have to pay $3,800 every year if they do not get coverage in all of this. finally, employers would have to pay up to $400 for each worker if they decide not to purchase and life insurance plan for their workers. in some cases, people will be exempt from these penalties. in other cases, small businesses and individuals will be recycling tax credits that they get from the government to help them buy coverage if they decide not to use them, they are basically refunding it and

putting it back into the government school. these kinds of people will just wind up in medicaid, the government sponsored health care system, or get primary care from emergency rooms and hospitals. bill: i think that the deadline was early this morning, we should hear more from him by midafternoon today. thank you, peter. megyn: that bipartisan group of lawmakers in the senate is reportedly making progress on health care. no matter what happens in that committee, there are real questions about whether democrats have the votes needed to get this passed by the full senate. thus the threat that democrats might pull the trigger on the so-called nuclear option, also known as reconciliation. this would allow democrats to pass health care reform with just 50 votes, and they would get a 51st from joe biden,

without a single republican on board. here is the house majority leader defending that possibility. >> the fact of the matter is that there is a reconciliation process that does provide for a majority in the u.s. senate to pass a health care bill using the majority of senate democrats. that is not a ramming something through. that is democracy. megyn: you could hear the crowd's reaction to that. as you can imagine, that nuclear option does not sound great to republicans either. republican judd gregg of new hampshire is the ranking manner -- ranking member of the senate finance committee. there is steny hoyer, over in the house, seemed to support a

nuclear option. we are hearing more and more from the democrats in the senate that it seems to be a viable option. they cannot get any republicans on board, so they are ready to push this through and make it happen. your reaction? is that allowed? is that legitimate? is it appropriate? >> well, it is the rules. the last election had consequences, you know? the democratic party controls the house, the senate, the presidency, and they are moving fast and to the left on the issue of health care, proposing to expand the government by around $2 trillion in new spending, putting the government in charge of health care. they want to do that? they will try to do it in any way that they can. they will be using a steamroller to do it. there will be no bipartisanship in that effort.

megyn: this so-called nuclear option, reconciliation, what everyone to call it, this was meant to control only spending or taxing. this health care reform bill has a lot more in it than that. there is a mandate to buy insurance, forcing people to go out and do something. there is certainly an argument that this goes on -- this goes beyond simple taxing and spending as required by the nuclear option. are you convinced that they can do it appropriately? >> listen, they can do it, but it would certainly be a destruction of the legislative process in the senate. reconciliation was never conceived of as a vehicle to put to a public policy that would fundamentally change government, which is what the health care bill would do. a massive expansion of the government into the life of

everyone in a very intrusive way. the purpose of reconciliation was to control the deficit and bring the budget in line in spending in line. so, as a statement of what the right thing to do is, this would not be the correct thing. it would be subject to a lot of technical attacks, which i would be making very aggressively on the issue of proper reconciliation, subject to attacks under the point of order rules. but in the end of the democrats want to use this to pass their health care plan, they have the capacity to do it, even though it would be a bastard is asian of the process. megyn: you said that you would consider that to be a chicago way of governing. what you mean by that? >> they would be rolling out the

minority in a very aggressive way. we would have no role in the process. as you mentioned, it would be passable with 50 votes, they would be able to allow nine or 10 members to take a protective vote and not vote for it. i think that the american people will have a lot of trouble with this. i do not think that the american people would accept a rate -- major rewrite without by partisanship. they want fairness and the they will understand that it is not fair have done this way. megyn: if they go this route, you think that there will be consequences in the next election? it would not be implemented until 2013, some argue that the democrats will be shielded from the effects of the health care reform bill passing because of the passage of time. what you think?

or do you think there will be paid back if they do this? >> personally, i hope that the american people will take a hard look at this government. we are seeing a massive expansion in the size of government. the debt of our children is being piled up at a record rate. i hope that the american people take a hard look at this, getting the house in order. if vehicles like reconciliation are used to pass health care, putting a federal bureaucrat between you and your doctor, leading to rationing and delays, i would hope that the american people would react to that. but i cannot predict. megyn: is there anything that the president can say tonight? who is this speech for? the people or for the lawmakers? is there anything that he can

say tonight that is going to persuade you? >> he has a great chance to reset this debate. a great chance. he has got groups in the senate that are working in a bipartisan way to reach an agreement. i am a part of one of those groups. i have my own reform bill that we're working on, something that would accomplish what we need to do in this health care reform, six people that i respect immensely, working towards a bipartisan agreement. tonight he should say that he empowers these groups to reach an agreement. then he will stand by their agreement. i was shocked today when i heard a spokesman from the white house say that max baucus' plan was a case 3 plan. the conservative office is attempting to reach a coalition that would substantively approve

the system. they can at least say keep trying, you are on the white hat -- right path. megyn: well, we will see what he says tonight about it, senator. thank you for your insights. we appreciate it. bill: the president, will he tonight finally open the door to government run health care reform? it will put that message to the lead white house health care reform member in about 30 minutes. megyn: why do investigators believe that what they found near phil garito's home could be human remains? remember, he kidnapped the girl for 18 years. bill: the feds say that these birds and provide a major threat to public safety.

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the next generation of brink's home security. call now. megyn: the tea party expressed, folks protesting government taxes and spending, attracting huge crowds. amongst the feet -- featured guests? jo the plumber. they kicked off their march last month, they are planning to march on washington this saturday. bill: have you ever spotted a swarm of european starlings at around a desk? megyn: i would have to say no. bill: they fly in seamless formation. yet, they are some of the most unwelcome birds in america. they are blamed for up to $1

billion in crop damage. they are a safety threat, blamed for two airline crashes. there were 200 bird strikes involving starling's of last year alone. they tracked and shot 1.7 million in america alone, but a drop in the bucket given the estimated 200 million that call america home. what to do about them? david is the author of "attracting birds and other wildlife." how are you, david? >> good to see you. bill: we are partly to blame for this. 1890, central park, they set them free. i guess they grew like kudzu? >> it is an exotic species, a species from someplace else in the world that was artificially introduced by people.

in the u.s. we have 7000 of these species and they cost us $100 billion every year. bill: they eat everything, right? french fries? dog food? >> that is right. one of the things that makes these invasive species a problem is that they are really good at taking advantage of the way that people alter the environment. they can live almost anywhere. i have seen them nesting in traffic lights. they are a problem for native birds, because the starlings and out-compete them. native species suffer. bill: 200 million in america, what can we do about this? is this something that you sit around thinking about? >> absolutely. starling is a perfect illustration of the fact that once these species established,

it is impossible to control them. what we have to do is educate the public to not release an exotic pets. we have to give federal agencies the authority to not release these species. even help the national wildlife federation do just that. bill: stupid question -- birth control? >> so far they have not proven to be effective. hopefully one day we can do that and we will not have to resort to legal means. bill: 650,000 alone, that is washington state. fire ants? burmese pythons? david, if you are a regular viewer of this show, you should know that we have covered all of those creatures. thank you, david. we will check out your web site. megyn: here in new york city, guests gather for the memorial

of walter cronkite. we have seen people like diane sawyer, charlie gibson, and barack obama even. he is expected to speak at all morial. we will take you there live as the events unfold. bill: also, up until now republicans have been shut out. is that about to end? we will find out. hey, has anybody seen barney?

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bill: we have new information on what investigators are finding at the home of the accused kidnapper, philippe garita. the bones found in the backyard are likely human. we were originally told it might be an animal. that is where a girl kidnapped in 1991 had been living in a tent for 18 years. he is so far charged with kidnapping and forcing her to bear his two young daughters. megyn: brave men and women fighting on the ground in afghanistan have one of the most dangerous and important jobs that there is. what about the people responsible for constantly supplying troops in the field with crucial provisions? they might be the on some heroes

of the war. oliver north took a ride in a c- 130 to show us how strategic deliveries are made. he has got more from afghanistan. >> we are at camp leatherneck. we are with the marine expeditionary brigade. when 10,000 marines need an emergency resupply, they turn to major edwards. >> i am a future operations officer. >> how many airdrops have you done out here? >> this will be our 22nd. 375 cuddles of food, water, and an ammunition storage to the marines in the field. what they are going to do is load up the c-130. they have made all of these bundles. what they do, once they are loaded up, they push it out the

back. >> how many of these missions have you done? >> about a couple of dozen so far in afghanistan. >> do you ever get anything you notes? >> no, but i know that they appreciate it. >> as the aircraft approaches the trabzon, they drop chaff to distract and missiles. -- enemy missiles. 6 tons are dropped in a matter of seconds. then it is back to base to reload, rearm, and refuel for another mission. >> marines like these allow our troops to resupply. from camp leatherneck, i am oliver north. billet -- bill: well done. in the meantime, the countdown is done back here at home.

the president is going to be addressing a joint session of congress regarding health care reform. we will show you how much as on a live -- on the line tonight. megyn: only hours after participating in a radio show contest, she was dead. could the station have known that it -- they were putting her life at risk? that is in today's "kelly's court." >> they experimented with her and killed her.

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that could be an understatement here in this brand new hour of "america's newsroom" on this very busy wednesday. bill: second hour starting right now. this was juan's take last night on what was at stake tonight. >> the rest of his term is in jeopardy. no joke. it's a high-stakes poker for barack obama. he has put his stack of chips on health care and if he does not come out tomorrow with the confidence of the american people, everything else is done. megyn: he is not known for overstatement. you can see the passion. saying that the president really has to deliver tonight. we have had some 200 addresses from the president in one way,

shape, or form up to now, what can he say tonight that will turn things around? bill: jens sharkowski said pretty much -- jan sharkowski said for much the same thing, get it done or it might be a wash for the white house. megyn: major garrett, in light of all of that we have heard this morning that president obama will issue some threats tonight? >> you know, maybe not threats in the traditional sense, but the president is going to try to tell congress and the american people that health care reform, as he defines it, will not cost anything going forward. the president knows that the congressional budget office said of the 11 month deficit is at

$11.40 trillion. the president is going to say, they mentioned this on abc this morning, that if there are cost implications that are not paid for in congress, he will not go along with it. >> if it is adding one dime to the deficit, i will not be supportive of it. >> of course the devil is in the detail. what can be paying for things? what are the long-term path of health care reform? five years? 10 years? all those questions have yet to be answered. the president is going to make sure that the public is aware of the cost implications. megyn: he gave an address to the afl-cio that was almost frightening in its partisanship. he was not sounding like someone who was trying to bring

republicans into the tent of health care reform. this is a different forum tonight, do we expect him to reach out to republicans in any way other than lip service? do we expect him to address only his party base? trying to get them on board and get those soldiers lined up to push this through? >> the white house has indicated that on a couple of issues the president is willing to try to bring republicans closer to his point of view. the problem is that his legislation that currently exists does not include anything wildly aggressive on malpractice reform. if the president goes in that direction if he will have to put something in the bill. on the entire idea of fiscal discipline, republicans do not want tremendous cost implications, he will say neither do i, can we agree on that?

that is where the president will try to identify with the republican ideas of health care reform. will the president talk about health savings accounts? republicans think that is a great idea already on the books. or is he going to out to democrats to minimize? another -- vow to democrats to minimize? another point of contention. megyn: thank you, maj. bill: in the meantime, another story starring up controversy yet again, charged remarks. rev. jeremiah wright was traveling yesterday when he was asked about these town hall meetings that talk about health care reform. will this. -- will this. -- roll this.

bill: remember that old commercial? is anybody listening anymore? megyn: he is so ridiculous. listen, as someone who practice the law for nine years, dealing with a lot of cases on both sides, you make false claims of racism and discrimination, it is arguably just as bad, if not worse, as legitimate claims because they undermine real ones. if you dismiss anyone against health care reform as a racist, that is itself a racist comment, not to mention a stupid one. bill: i wonder how much credence to the town hall meetings with it tonight. peter johnson made a great point this morning, we have seen a lot of people stepping up and wanting to be heard. how is he going to address those thousands and thousands of american voices that came out

and in some cases stood in line for hours to make sure that they could be heard by their local congresswoman or congressman? megyn: they have taken a beating all along. today they are called racist by rev. jeremiah wright. they have been called on american by the house speaker. -- unamerican by the house speaker. they have been called nazis. these people have been called a lot in order to get their voices heard. the president has not used that kind of rhetoric and we do not expect him to tonight. but it is a shame to see these personal attacks. bill: we will see if there is a conciliatory tone tonight. ok, we are tracking h1n1. talking about flu shots, are there enough to go around? this year they are concerned about the new h1n1, swine flu.

the government had hoped to have 120 million doses on hand by the middle of october. due to a raise in the process, only 45 million doses are expected to be available by then. claudia, good morning. where do things stand right now? >> even before the h1n1 vaccine comes out next month, clinical trials are underway to see if the nation's limited supply can be scratched by giving each group a dose. right now each immunization requires two shots, three were -- three weeks apart, something making it more difficult to fight the disease. >> we are looking for more participants in the research study. >> they are looking to reduce the amount of vaccine needed for

each dose. >> if it works spectacularly, we could take a limited supply and spread it out to more people. >> it has not been approved for use in the u.s., but the white house says that initial supplies will not be enough, even for those first in line. that is why finding an effective booster is so critical. >> it might be possible to use one-third or one-fifth of the standard dose of the main component, if mixed with an adjunctant. >> drug manufacturers in china have reportedly developed a single dose of vaccine. their data is to be studied. right now america is breaking for the swine flu and we will need two shots. bill: if you have questions

about h1n1, had to our website, -- head to our web site, foxnews.com. you will find an enormous amount of information on the disease there. these are survival guides. foxnews.com right now. 10 minutes past the hour on 09/09/09, a lot of talk about bipartisan health care reform. so far nearly ever -- every proposal has been shot down. will that change tonight? we will ask the communications director. megyn: it was all fun and games until one woman lost her life. trial is under way in a heartbreaking loss to. the radio contest that killed a mother of three. that is in "kelly's court." >> how are you feeling? >> i do not have to peak, but my

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megyn: we are 10 hours away from the president's big speech on health care reform in his joint speech to congress tonight. while there has been much talk from the white house about making this a bipartisan effort, nearly every gop proposal has been shot down by congress. is president obama prepared to step in tonight and open up this debate to ideas from both parties? with us is the communications director from the white house office of health reform, she is my guest now. good morning. >> thank you for having me. megyn: that is the question. republicans have come out with proposals, none of which appear

to have wound up in these democratic reforms. can we expect the president to push for court reform tonight? >> we will not get into a lot of specifics, but i would point out that when he made his speech to the american medical association a couple of months ago, he clearly said that the important thing is protecting patients' safety. there is something we should look at their. -- there. working to a conflict resolution, trying to mediate some of these disputes and finding a way to make sure that the doctors are not hamstrung, still making sure that the patients' rights are respected. something he has been talking about for many years. megyn: with respect talk is cheap, it has not bound up in any of the bills. we have had doctor after doctor said that this is appalling, you cannot reform the health-care

system without addressing the 700 million lawsuits each year? will that change tonight? >> i will not begin to the details of everything he will talk about, but this is an issue that he has talked about in the past. he clearly understands that for many doctors, this is an issue for them. the protection of patients' rights, if they are injured, 100,000 americans die from medical error every year. there is no small problem here. he is well aware that providers are concerned about the pressure of having to look over their shoulder. that there is a possibility to try to find a different way to address the issue. megyn: i do not hear an answer. he talked about it, he is aware of it, but not responsive to actually making a real push

tonight to get something done about it? >> you will just have to listen to the speech tonight. it will be filled with a very clear vision of how we provide health care reform that provides security and stability to the people that have health care insurance, making sure that those that do not have health care insurance can find affordable options, ranging in the spending over the last decade, doubling again when members of congress, including republicans, said that they understand, that the public believes that doing nothing is not an option. it would be very clear how the president would want the next step to unfold. megyn: the latest polling shows that the public may not want to do nothing, but they do not want to do with the democrats are proposing so far. the latest polling shows that 39% of americans are very much against the plan, only 37% support it.

how does the president deal with that? you are suggesting that americans are for this, polls show that they are not. >> there is clearly a lot of confusion about what health reform is and is not. there was a tremendous amount of misinformation generated by opponents of health reform over the august recess, charges of death panels and so forth. there is clear confusion about what this is. what this is is security for the people that have health insurance, making it possible to reduce the unsustainable growth of health spending. that is what reform is going to be built upon. it will be very clear. the public will be a lot less confused by the misinformation after tonight. megyn: there was an editorial today that said numerous centers and even left-leaning factors have said that the president himself has been misleading on the issue of health care reform, specifically when it comes to

providing money for abortions and the rationing of health care. do you expect the president to address either of those issues tonight in particular? any public funds going towards abortion tonight? >> the president has said repeatedly that federal funds, under law, cannot be used for abortion. that will continue to be the case. people can choose the kind of health coverage they want, just as now. this is about providing more choices for americans. choices that they do not have today because they do not get coverage from work or they cannot afford it. megyn: running out of time, i want to give you the chance to clarify, the latest amendment of the house bill says that there will be no public plan -- and you restate -- no plan would be

forbidden from covering abortion related services. no plan would be forbidden from covering abortion related services. that makes it sound like it would be covered. or they could be. megyn>> first of all, there arey pieces still being worked on. there will be choices for people of the kind of coverage that they can receive, just as today there is a choice for people that do not want the services covered. federal funds will not be used to pay for abortions, that is the law. megyn: that is not exactly what the bill says, i guess we will have to wait to see what the president says tonight. >> thank >> fenty. bill: arrest warrants issued in miami for 11 people accused of falsifying information on hundreds of voter information card last year.

the fbi and state authorities, direct today in what was being said. saying that these people were hired to register voters by acorn. prosecutors said they were notified in june of 2008. acorn says that this shows they were trying to conduct a modest process. ♪ bicycle, what are we waiting for? the flowers are blooming. the air is sweet. and zyrtec® starts... relieving my allergies... 2 hours faster than claritin®. my worst symptoms feel better, indoors and outdoors. with zyrtec®, the fastest... 24-hour allergy medicine, i promise not to wait as long to go for our ride. zyrtec® works fast, so i can love the air™. [screeching] [dejectedly] oh.

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bill: last fall we had some fun here on america's news room. back then we call the been earmark of the day. today we are bringing it back. one senator wants $6.2 billion for pet projects in his district, the equivalent of every person in atlanta working

all year for his programs. william, tracking your taxes and where they are spending your money. so, who is the big kahuna on the republican side? >> it is that time of year. it all boils down to powerful congressmen and senators wanting to spend your money on their pet projects. in the current budget year, the record your mark came from senator thad cochran. remember, after hurricane katrina taxpayers spend billions, and here we have bvideo of the senator, they spent billions to restore after hurricane katrina. that was not enough. they then added another $440 million. this year he wants -- this is

one guy, 2.4 $6 billion, looking at these programs. one, $200 million for his all modern, the university of mississippi, including millions in program research. i called the mississippi biotech association, $750,000 for them? they do not exist yet. $1.6 billion on a mobile music lab? get this, $650,000 for an exclusive boarding school with a $30,000 tuition. president obama said that he was trying to cut your marks -- earmarks to 1994 levels, but this is what he is up against. bill: thank you. you know what? we cannot get enough of this, keep looking and the digging. megyn: it is a big thing for the

entire nation and members of the white house press corps. what is going on behind the scenes right now the head of the president's big speech on health care reform? we will be brief. >> you heard from the democrats, how do republicans get in the game on health care reform? we will talk to leading members of the gop. megyn: a stunt gone horribly wrong. hours after a water drinking contest, this woman ended up dead. is the station to blame? we will play you the tapes as it unfolded, live on "kelly's court."

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megyn: is 10:31 in the east. nine hours away from president obama's the big speech tonight. he will appear right there on capitol hill, making a rare speech before a joint session of congress. after hearing from the president's on health care -- hearing from the president on health care, not quite so rare. this will be his 263rd speech or remarks since taking office. that is 31 more speeches than the number of days he has served. so far he has delivered 21 -- 28

speeches specifically on health care. if you include all remarks on health care, that number jumped to 121. how do they gear up for a speech that they might think they have heard? let's ask them. hi, guys. that is a lot of speeches. so many speeches. you guys have covered them all. tonight, they say that he has got to do one more speech to turn it all around. is that seriously possible? does the white house genuinely believe that this could be a watershed moment tonight? >> the challenge, when the president speaks so frequently about one subject, it is the news. what is new? are they going to tell us something specific tonight?

on a day like today we are basically fishing around, trying to get any hint on what he is going to say tonight. in the morning talk shows this morning, this afternoon i had a couple of key advisers doing off camera sessions with reporters. the white house did say that the speeches were not completely locked, that would be sometime this afternoon. megyn: do you think that the white house has all of the cable channels turned on right now, thinking that this is going to be the area of weakness? this is going to be where people come after us? etc, etc? or do you think that the president is simply fine-tuning at this point? >> i agree with mike as far as the news angle. the only nuggets we are thinking that he might talk about, he might once again revisit malpractice reform, which is a

big issue for the doctors. a tough letter was sent to the president calling for malpractice reform as a part of any health care reform. the other headline is he is going to make a robust defense of the public option. that is how i am looking at this, as you said, it has been talked about so much, he has a certain amount of political capital, a certain amount of oratory capital, he has a great ability to speak, a strong asset, but others have called it depreciating. at some point, what more is he going to say? we are going to hear a lot of the same tonight. >> major garrett will be covering this for us tonight. >> i will tell you what, we were

sitting in the prime-time news conference about health care, and guess what? there was no news. the only real news was the cambridge -- cambridge police department issue, which blew up from that point forward. the truth of the matter was that that was the news of the evening. they obviously had the summit to combat down. megyn: it was their own doing. one of the most exciting ones of all, who knew? thank you so much, gentlemen. >> big hands of major garrett. megyn: we all are. >> indeed. bill: americans will be less confused after the president's speech tonight, according to some lawmakers. how are republicans going to get in this game? we have a california congressman with us from capitol hill. make some news right now.

what is your strategy for getting in this game? >> we have been in the game for quite some time, playing down ideas for court reform and affordability, small businesses. the ability to sell insurance across state lines, and a way to fix the insurance system without the government taking over. not just republicans are in the game, but americans themselves. bill: you agree with some of those? >> yes, what i would like to see tonight is a scrapping of the old ideas that put people in the back room, bringing people in and working together in a bipartisan manner. republicans sent a letter at the beginning saying that we wanted to work with him, he said thanks but no thanks.

essentially. we never had a set down for a meeting. we have sat down with many people going forward. we are looking for ways to make this work, positioning ideas. we have a number of bills sitting out there. bill: let me try to cut through this and speak on behalf of 300 million americans. 2 million of which -- 200 million of which are watching this show. we wish. [laughter] why now? >> i would not be so certain that they did not have a deadline for a date. but the dirty little secret is that the president's bill does not go into effect until 2013. we have pre-existing conditions that need be taken care of.

but we can solve that problem this month, sitting down together, with common sense solutions, dealing with pre- existing conditions. bill: but there is agreement on both of those items, right? among most members of congress? >> now it is the powers that be that will have to let us sit down. bill: we are moving the ball down the field, medical malpractice, what can the president say tonight that would make things 343? >> first, it must be put back on the table. price waterhouse has said that the number one factor has to deal with medical malpractice. the conditions where doctors have to practice these medicines, they are over- utilized.

we are able to deal with that, california and texas, we could take their best models, have examples from that and do it nationwide. bill: linda douglass says that americans will be far less confused after tonight. we will see. the president is in new york this morning for a ceremony for walter cronkite, back to the white house this afternoon, i would imagine. we shall see. check on fox news throughout the day for all of the information that you can check out, right here. megyn: capturing some of the most incredible images of outer space we have ever seen, but that was before it got an extreme makeover. fresh photos from the new and improved hubble telescope, next. plus, she was trying to win a free nintendo wii for her

children, but this california mother of three lost her life in the process. the radio contest "kelly's court" next. >> look at her belly. are you pregnant?

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shipping's a hassle! weighing every box... actually, with flat rate boxes you don't need to weigh anything under 70 pounds. if it fits, it ships for a low flat rate. ok, but i ship all over the country. you can ship anywhere in the country for a low flat rate. ship international, too. yes, but i ship hundreds of things, in all sizes. great, because flat rate boxes come in four sizes. call and we'll send a free supply, plus up to $160 in offers. when you're ready to ship, we'll even pick them up for free, no matter how many you have. priority mail flat rate boxes only from the postal service. a simpler way to ship. call or go online now to get started. jon: in about 15 minutes we will be joining you for "happening now." do not leave the set, we have got all sorts of great things

happening here. a memorial service to be held for walter cronkite. as we sit down for the big speech on health care, one democrat said in particular that he need some convincing. patti ann: doctors talking about the impact of health care reform on patient care, coming up. megyn: "kelly's court" is back in session. on the docket today? a radio contest that killed a mother of three. a station in sacramento has been accused of causing the death of 31-year-old jennifer strange. she signed up to compete for a $250 nintendo wii. the challenge was to drink the most water without using the restroom. it was not long before things went wrong.

megyn: she did justin kimberlite concert because six hours later jennifer strange was dead from acute water intoxication. her family says that the station is responsible. the defense says that jennifer is. who is right? let's ask our panel.

this happened 2.5 years ago. the case has just gone to trial now. they have settled with the individual deejays, all of whom have been fired, but the station is fighting the case saying look, she is to blame. none of us knew, but she is the one who took the risk. mark, are they right? >> it is not black and white at all. i think that the company needs to get out their checkbook and write a big check on this one. there is a certain amount of responsibility needed to engage in this type of contest. a certain percentage needs to be taken off because of her getting involved. a friend even told her that she should not do this contest, that it was crazy. however, we know that it was either go to the station or clearly it was reasonably foreseeable that something like this could happen and they cannot avoid responsibility.

they need to cut a check can be done with it. megyn: was it foreseeable to anyone here that she could die? that any participant could die if they drink too much water? >> that is the issue the case will turn around. -- term on. that the station was likely to know. this is actually a fairly rare occurrence. there have only been a handful of deaths over the past 30 years in this way, but it is a complicated case. they did review a waiver with her, telling her about the dangers. she did speak with one of the employees earlier, where someone died from water intoxication. she had time to think about this, she did a practice run the day before in preparation, she really wanted that video game system. all of these things, including

the fact that during the contest there were asking her if she was ok, she continued forward with the case. it is tragic, but she must bear some kind of responsibility. it is an issue of whether or not she could comparatively make that decision. >> mark, before you weigh in, how important will the following sound bite be? it shows the warning. listen. megyn: there you have it. "we are aware." >> i searched of line, using big

words -- we were dealing with a radio station here -- drinking too much water is bad? you get questions -- you get pages and pages on this. that sound bite clearly shows that they knew about it and in order to get the ratings they chose to persist in this deadly the game. megyn: it shows the dj saying that they believed she would get sick to her stomach first. raleigh or not, they believed that there would be symptoms that would shadow the danger and they did not see any of them. >> obviously. they thought that she would get a headache and that she would not die from it. they were not aware that this would actually kill her in that regard. by the way, what about her perceived ability? she knew that it was dangerous

24 hours ahead of time. she had to have some degree of personal responsibility. she had a choice. it is tragic and ultimately i believe that she should be compensated, but it was part of a measure of the compensation. the law cannot compensate every tragedy that occurs. >> by think that we are actually -- i think that we are actually agreeing here. however, i think that the radio station bears more responsibility. megyn: the deejays settle for $100,000, apparently. the trial starts today. mark, kimberley, thank you so much. i agree with the panel. i agree that the fault lies with both sides. they had no way of knowing that she was hours away from death,

proving that both parties should have investigated further. the station should settle the claim. this jury should send in message to both sides about taking responsibility. bill: what will the president say to the tens of thousands of voices concerning health care in the august recess? will they be ignored? .

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megyn: now you know who that is? that is mr. jimmy buffett, performing today at the memorial service for walter cronkite. former president bill clinton just left the stage after off remembrances of the legendary news anchor and plenty of well- known news anchors are there. we saw charlie gibson and others. they are remembering the man

who, brought up the phrase, " that is the way it is." bill: new images from the newly refurbished hubble telescope. they will give us the clearest picture we have ever seen of our own universe. phil keating is live in miami. what does nasa say we should expect from these pictures? detect more spectacular and more absolutely stunning and incredible photographs of our universe than we have ever seen before. this was a space walk mission in mid-may. astronauts replaced two instruments and repaired two others. you're looking at the very first image. this is a teaser image released by nasa. the new photographs will be released in about 10 minutes. a brand new one is a photograph of a galaxy, and it is 16

million light years away. bill: that is a heck of a road trip if we can get there some day. really cool images. will put those on our website, foxnews.com. thank you. megyn: health care reform is the issue that has energized this country like few things have. did your representative really listen to you in the town halls? we hear from a democratic senator who could tip the scales for or against government-run insurance. bill: would have seen some crazy things over the year. what a month he was doing behind the wheel -- what a monkey was doing behind the wheel. this one is on standby in three minutes.

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