megyn: monkey business in arizona. this was shot from a speed trap in phoenix. it is a man wearing a mask. the man had 37 and paid speeding tickets worth $6,000. he claims they have the wrong man. they cannot prove it is him. bill: i say do not get any ideas, folks. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- jon: good morning. i am jon scott. tonight, a major test for president obama as he delivers that prime-time address to a joint session of congress, urging members to pass health care reform. he faces deep divisions in his own party and almost no support from republicans, even after struggling for months to win bipartisan support.

the white house says the president will outline in detail what he wants in the plan while remaining open to new ideas. the white house press secretary -- white house press secretary said the president is likely to leave people with two big impressions. >> if you are fortunate enough to have health insurance, like i am sure you guys do, but many people struggle with the high cost of insurance. how do these reforms provide them security and stability in a changing marketplace? for those who do not have health care and have to go to the emergency room for health care and give us the bill, he will outline a way to provide affordable and accessible insurance for those people as well. jon: major garrett is live at the white house right now. the public option -- in or out? >> in, in so far is the president will say it is a very good idea. there will be a concerted effort to make the public option, the

government finance move into the private -- private insurance market, appear less threatening, meaning less driven by large government bureaucracy and less costly. he will make a very aggressive case that you can do a public option without creating an entirely government-run invasion into the private health-care markets. robert gibbs also outlined a couple of the talking. you'll probably hear tonight. >> we have stated this entire time, this is not going to be something that runs unnecessarily on big government subsidies. they will have to operate with the premiums they collect. but they probably will be somewhat more efficient in this way -- they're not going to have been counter after being counter looking through forms and trying to cherry pick the healthiest people among us to provide insurance. >> the president is expected to say that this public option possibly would be more generous than private insurance, which the white house often times

argues discriminates against people with pre-existing conditions. the bottom line is that the white house is going to make a case for the public option, even as members of the house leadership have begun to say they can live without it. that means the president will make a case. but if it is not there in the end, he will not cry. jon: i guess the president will also be making a case for a speedy timeline. >> yes, that happened yesterday in person at the white house. the president said down with the house speaker and the senate majority leader. i am told by several democratic sources said the president said to round up the votes and start to move these bills. we will decide on how to put them all together somewhere down the line, but the house and senate has to act. there was not a hard agreement on a complete timeline, but the one democrats are working from now is to try to the house and senate to move their bills no later than the second week of october, leaving that month and the month of november and

possibly december to put them together for a grand compromise. don't go that happens a lot in washington. thank you. fox news will have complete live coverage of the president's address to congress. bret baier will hosted along with the rest of our fox team in washington. patti ann: and developing now, police in florida issue nearly a dozen arrest warrants for former acorn kurds accused of falsifying hundreds of and voter registration cards. -- workers accused of falsifying hundreds of voter registration cards. prosecutors say acorn notified them about the workers in june 2008. critics have blasted the organization over alleged voter fraud and several states. they say the florida case proves it is committed to an honest process. jon: let's look at wall street. the dow industrials up about 35 points.

we invested billions of dollars to help save as gm and chrysler. how is your investment doing? there is in the report out on that. kamel machine from the fox business network has the highlights. -- connell mcshane has the highlights. >> or the low lights. it says will not get that money back. the $81 billion invested -- we're likely to take significant losses. they say the initial investment to gm and chrysler, most of that is likely to be lost. the reason we say it is not a surprise -- will put some numbers up on the screen to see what it would have taken for a gm to pay back that money. they would have needed a market cap with a valuation of $67.6 billion to repay the taxpayer. they say they could have done that, but they have never been that high. $57.2 billion was the highest ever that the mission for gm in

2008. as part of this report, the congressional oversight panel said the treasury did a pretty good job given the circumstances of striking a hard bargain, using their leverage to bring about concessions and changes in the industry to make them more viable. finally, then make recommendations to the city government should place the holdings they have in these automobile companies in an independent trust to avoid conflicts of interest to the bottom line, we're going to take some losses on this money. don't go how about free cars for everybody? thank you. patti ann: a tribute to walter cronkite is under way in new york city. let's look live at lincoln center where hundreds are gathered for the memorial service. president obama and former president clinton spoke this morning. also, buzz aldrin spoke, and his

landing on the moon was covered by walter cronkite. jimmy buffett is one of the musicians performing at the service. walter cronkite died in july at the age of 92. jon: nasa releasing new images from the refurbished hubble space telescope. they're holding a live news conference right now. here is a look at one of the latest shots, courtesy of the abraded imaging system that the astronauts repaired earlier this spring. this is a spiral galaxy. it lies 6 million light years or so away from us. this picture was taken in the july. hubbell was badly in need of repairs when the shuttle atlantis blasted off on its repair mission in may. several key components were completely dead, but now nasa's comeback kid is shining once again.

the associated administrator of nasa is talking about what has been accomplished. >> that will help the decision to go forward with the flight. charlie has held several technical assignments, all of which have been prevalent and have been the most challenging position. jon: well, you probably do not care so much about who is running as a, but i want to see those pictures. they are always astounding. we're waiting for the pictures to come out. they are about to release them. we will have it for you on "happening now." patti ann: the president will detail his plans for health care reform for congress tonight. if the president wants a reform, there is one democrat he needs. can he count on him? we will find out. senator bill nelson joins us. it is sounding like the movie "jaws" more and more every day, more great white spotted off the

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patti ann: more great white sharks sighted off the coast of cape cod, forcing several massachusetts beaches to remain closed. they're getting closer to shore, stopping the plentiful seal population. three of the sharks were tagged yesterday, bringing the total to five. the largest was about 15 feet long. the electronic tags will be used to track their movements and learn about their migratory habits. >> you know, i know that people in the state are focused on the deadlines. it has to be at this moment or it is all dead. but that is not the way the world works. the way it works is in legislative initiatives, you keep working to try to produce a result. it is not a matter of by 2:00, it is done or will not happen. that is not the way it works.

jon: that is a democratic senator from north dakota commenting on plans and progress of the president's health care proposals. members of congress are waiting to hear what the president has to say in his special address tonight. they hope for answers to some of the big questions surrounding the health care reform debate like, how do you pay for it? millions of uninsured americans who do not have health insurance right now and whether the president will drop support for what he calls the public option which is government-run insurance. it is a major sticking point that has led to fierce debates, angry town hall meetings across the country, and it has kept members of the president's own party sometimes from backing the reform. we have a key legislator or involved, and he could tip the balance either way. senator bill nelson of nebraska. good morning to you. >> thank you. good to be with you. jon: let me ask you to comment

on what your fellow senator just said. we heard from major garrett that the president is saying we have got to hurry this along. we heard senator conrad say that the press is trying to move this thing forward. who is pushing this? >> well, i think what is happening here is there is a fear that if you do not give something to move, any kind of energy, any kind of synergy will be lost, and people will then want to turn to some other issue. there is a sense of urgency. but that has to be counterbalanced by the task of getting it done right, not getting it done quickly. i think that is where most of us are today. what we want to do is be sure that we keep moving. if we can put something together, we should. we should not fall behind. on the other hand, the people of nebraska and the country want

this done right if it is going to be done at all. jon: all the powerful people in washington. "the hill" newspaper in the morning. if you probably saw in line about you this morning. is says this -- jon: is that accurate? >> what i am is saying is my votes is not on autopilot. it is not an automatic vote. i do not put party ahead of my country or my state. jon: what are your big concerns reno? >> one of my biggest concerns has been how to have a public option, if at all, that does not end up destabilizing the insurance that 200 million americans have on the private sector and another 50 million americans have their public insurance of the present time. i have not seen is structured in

any way that i found it acceptable up front as a competition in the marketplace. i have been very concerned about that. i do not think the american people are ready for a single payer plan. i would not want to see a plan put in place that would conceivably and most likely result in the equivalent of a single payer plan, certainly a government-run plan. jon: most people would agree that the u.s. military is pretty well run. you have general's issuing orders and things get done. the u.s. military is widely admired as being a place where things work well. but just about every day you can read a horror story about the veterans administration hospital system in this country. if the government cannot run the veterans' medical programs, medicare and medicaid are in bad shape, so how should we count on the government getting this massive program going and doing

efficiently? >> i do not think we can. we have a private system that is working. it can work better. that is what the reform should be about. we should be eliminating pre- existing conditions. we should be trying to bend the cost curve and reduce costs and make sure that the insurance is available, for example, for small businesses. 80% of small businesses today cannot afford insurance coverage for their employees. there are things we should be working on and doing, but it does not require a government- run plant in order to be able to do that. jon: poll numbers indicate that the american people have turned against this idea by several percentage points. do you think the president can win them back with this speech tonight? >> well, i do not know if he is even attempting to do that because i do not know what his speech is going to be about tonight in terms of its content.

it could be that that is what he is going to try to do. there is not any way that i have seen that you can have that kind of a public option of friend that does not distress the insurance for -- up front that does not distress those who have insurance through private sources. jon:, in a word, a public option is basically a deal killer for you? sadecki can put it on the backside. -- >> he can put it on the backside. there's a public option that would be triggered in medicare if there is no competition. the people who are worried that will be a hair trigger, and i have said that it cannot be because it has to be a realistic backup option. and the max baucus proposal which has been put out does not even have a trigger mechanism.

there is no public option and note trigger. i am is satisfied with that approach as well. jon: good to talk to you. thank you. just in from nasa, releasing brand new images from the refurbished hubble space telescope. here is a look as some of the latest shots come courtesy of the upgraded imaging systems. you're looking at the bard spiral galaxy. 6 million light years away from us. it was in bad need of repairs when shuttle atlantis blasted off on its repair mission back in may. look at the school pictures. several key components of the hubble were completely replaced. if you want to see the pictures, you can get to nasa.gov. patti ann: hurricane fred is grown into a category 3 storm in the atlantic.

where do forecasters say fred is heading? we will have a live report from the fox weather center. the government has a major service -- decision about get no detainees. why could be delayed for some alleged 9/11 conspirators again. (voice 1) we've detected an anomaly... (voice 2) how bad is it? (voice 1) traffic's off the chart...

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>> there could be in the delay in bringing some of the 9/11 conspirators to justice. the white house is facing a new deadline concerning some of the detainees at guantanamo bay. most cases is been on hold since president obama announced it will close the detention center in january. catherine herridge is live in washington. tell us about this new pressure the administration is under. >> the administration is up against is significant pressure. by september 17, next week, the

mass transfer some of these cases out of guantanamo. whereas for a third continuance from the military courts. the president announced that his administration would close guantanamo, and the cases already and the military commissions which includes the 9/11 conspirators' such as kelly shaikh mohammed to be put on hold. the whole has to be renewed every 121 days. the current deadline for renewal is the 17th. asking for more time this time would bring the total delay in these cases to one year. i am told the this is something the obama administration wants to avoid. patti ann: what are the options for the administration? >> u.s. officials say there was a meeting of senior deputies which included white house defense, state department, and justice department officials at the end of last week. three options were under consideration. one was to ask for another 60 to 90 days for another delay. or to pull the charges and the military commissions without

prejudice which means it can be brought again in the future and transfer some of the cases to federal court. the third option is to maintain the status quo and allow some pretrial hearings to go forward at guantanamo the week of september 20. the situation is described to me as extremely messy right now. just about 5% of the detainees have been transferred out since the president's announcement in january. about 220 remain. the focuses on the 9/11 conspirators. patti ann: thank you. jon: the white house promises specifics tonight on how president obama plans to revamp our health-care system in this country. why some doctors say they are being left out of this debate, and they have a lot to say about it. and this is a huge day for gamers and beatles fans. now you can play along with the fab four. we will tell you how, next. ♪

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patti ann: here is what is "happening now." hurricane freight gaining steam in the atlantic, now category three. is there any sign it may threaten land? the janice dean has that answer coming up. the jon: concern is growing over h1n1 and whether there will be

enough vaccine for everybody who wants protection. one study says it might have a way to double the supply we already have. and the more patti ann: 04 -- a memorial service for walter cronkite is going on in new york city. president obama and clinton among the speakers. when president obama stands before congress tonight, he will face the task of selling a very expensive proposal to reform health care. neil cavuto is joining us now. thank you. president obama is expected to repeat his claim that this plan will not increase taxes. is that possible? >> well, it will increase the fees for a lot of people. max baucus says been the ringleader in the bipartisan effort in the senate, if you can call it that. he is looking at slipping $6 billion in fees on health

insurance companies. we will talk to the head of c igna health care later on tonight. he is also looking at extracting fees from the drug industry. the drug industry committed itself to a $150 million advertising campaign to support health care reform, ideally something the president wanted. it also agreed to about $10 billion to $20 billion for savings over the next decade. how they came up with that number, anyone's guess. they're not too enthused by the early indications of finding a way to pay for all of this. so far, left off the table is this surtax of the very rich. it seems to be up for grabs right now. it is not a given that it will or will not happen. they're beginning to put some of

the pricing pedal to the medal here. the devil is in those details. a lot of people in that room tonight into the millions watching on tv tonight are not going to be quite big believers in a savings extracted from the government taking over medical care unless you look at a way to pay for it up front, whether through fees and taxes or cutting or curtailing benefits. then they might be made more believers, and there might be more inclined to say the president is finally putting some details to what has been, at best, broad brush strokes. patti ann: you mentioned those fees, but tremendous these are proposed on the insurance companies. what impact does it have on them and the whole system going forward? >> well, it might be like a negotiating tactic. in other words, this is where i leave you if you go with the

public option and if you go along with the fees are expecting savings, i think you can and should and along with covering pre-existing medical systems and having coverage when you leave one job and go to another. they will be less inclined to push the so-called trigger mechanism. we simply do not know the president will propose exactly denied. but this might be a way he can tell the insurance companies, a look, this is part of the pain with, along with this program, but up front if you do not have to worry about the government competing with you, at least up front, then you might go along, and maybe you should go along. patti ann: we will have to see what he says. thank you. jon: a little bit of good news on the housing market. mortgage applications are on the rise. the mortgage bankers association saying it is seeing a surge in demand to the highest level since last may.

home refinancing applications dominated the trend, but low interest rates are helping drive up home sales. the government's tax credit for first-time home buyers is also said to be a factor. patti ann: there's some of the most luxurious crime scenes put on the auction block. bernie madoff's new york. some of florida mansion going up for sale. the u.s. marshals service is starting to show his upper east side apartment in manhattan. it has four fireplaces and a lot of closet space. they're also selling his palm beach mansion. it is a massive 8700 sq. ft. palace complete with mexican tile and a private dock with three boats. they hope to raise millions to repay the madoff victims. he is in prison, sentenced to 150 years for running a multibillion-dollar ponzi scheme. jon: i guess you could have either one of those places. chump change, right? let's check on wall street.

the dow industrials about 67 points. would you like to be a part of the fab four? it has been 40 years since the beatles last performed together, but things to a new video game, you, too, can play a part in rock-and-roll history. the beatles rock band in goes on sale today, just as there 15 albums come up with brand-new remastered sound. here is more from the fox business network. are you playing along with the beatles? >> i might try it. a lot of people are talking about this. it is used from the consumer point of view. and the business. of you has been battling in the video-game industry over it. it is the beatles version of rock band. some of the analysts and loggers are already complaining that their favorite beatles songs are not on there. it is so tough to pick from the

election. it is only 45 tracks that made it. people say it does not have "strawberry fields" or "yesterday." you can get it with the controllers and everything or you can use your old controllers. broadbanrock band has put the bn between the game companies. beatles fans are now coming on board to start playing. so let the games begin. jon: my kids have that rock band thing and play it all the time. >> now you can jump in and play some beetles. jon: i might do that. patti ann: hurricane fred is picking up steam in the atlantic, now a category 3 storm. would peter out before threatening land? and a scathing documentary on

hillary clinton is in its second showing in the supreme court today. why this could impact presidential campaigns for decades to come. vuçwññ us music]

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patti ann: the supreme court is hearing oral arguments in a case involving an unflattering film on hillary clinton's run for the white house. is it political speech or just a movie? couples around the world are rushing to the altar today to get married on 09-09-09. it has a special meaning for many. and geeks waiting for the latest surprise from apple and wondering whether steve jobs will show up. we're live in san francisco for today's big announcement. jon: when president obama addresses a joint session of congress tonight on health care reform, the nation's doctors are going to be closely watching. sequester -- some question whether the in ministration is in tune with the medical

community in light of what some consider inflammatory comments the president made about doctors earlier this summer. we're live in washington. what did the president said that offended so many doctors? >> he has repeatedly suggested that doctors make decisions about care based on how much money they make officer and treatments. he said if your child has a bad sore throat or repeated sore throats, the doctor may look the reimbursement system and said to himself, would make a lot more money if i took the tonsils out. never mind that the primary care doctor would not be the one to do the surgery and make the money. doctors say this characterization is totally wrong. jon: it is a pretty dark description of dr. motivations. >> it is. doctors say it is not true the president talked about diabetics and too little interest on primary care. he suggested doctors would make a bundle of the go-ahead and amputate a limb, saying they can

make up to $50,000 off of it. doctors, trying to be nice, say that characteristic is not true. >> the characterization that physicians would do this for profit motive or gain, i think that was wrong. in terms of the imputation a share, when the president talked about that a surgeon would be paid anywhere from $30,000 to $50,000 for that, that is factually incorrect. >> doctors say the reimbursement on that is $500 to $2,000, depending on what part of the country you are in. one of the key things in crafting solutions in health care is to define the problem. many physicians and wonder if the president really understands the problem correctly based on these kinds of commons. doctors' groups of contacted the white house to let officials know that the scenarios the president has been laying out are misleading, at best.

jon: they will be watching with the rest of us tonight. thank you. patti ann: birdwatchers from around the world are flocking to israel to witness a massive migration. a huge number of birds stopping for food and water on their way to africa. reno 9 in -- reena ninan joins us live. >> you might not think of this is a bird haven. it is a pit stop, and there is 1 billion in total. they come from europe and asia. all of them pass through the holy land this time of year for one purpose. >> their 3000 on the lake right now. they eat and the rest for a few hours, and they will then head to africa for the winter. >> israel is their last chance to refuel before africa, a journey that can take seven to

10 days depending on the weather. by early spring, they will return here to make the journey back home again. and the reason they are eager to get back so quickly is that it is mating season back home. patti ann: thank you. jon: a vaccine for h1n1 is not ready yet, but when it is, will there be enough for everyone to get a shot? we will have a live report on that straight ahead. also, a bone fragment found near the home of an alleged kidnapper and rapist is now said to be heeded. he is charged with kidnapping and raping j.c. to guard -- jaycee duggard who was snatched 18 years ago at age 11. is he suspected of murder? that story at the top of the hour.

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jon: we're going to take you to a memorial service for walter cronkite. it is happening in new york city. the voice is one you'll probably recognize, and the rooney -- andy rooney, who first met walter cronkite in 1944. they're showing a video clip right now. >> maybe i will just have a little bit. >> for many years, walter cronkite would invite us to join him on his sailboat. once while we were sailing in the state of maine several years ago, we tied up near a village, and went into a country store. a strange looking character comes up to walter and asks him a question. walter was always polite to his fans, and betsy was standing

there. he said we have met several times and i talked to him once in awhile. they then went outside. betsy said, did you hear who he ask you about? he did not hear very well and said i did not. betsy said, he asked if he knew jesus christ? another time while selling close to the shore, walter saw someone on shore waving his arms. he waved back smiling and kept going. in another 30 seconds we hit bottom. walter looked around and said, what happened? the repeled -- i replied, did not hear what that guy was yelling, he was yelling at low water. he said, i thought he was yelling, hello walter. i have seen him so many times in many situations, and he was good almost all of them. he was a great anchor man in the news business because his greatest contribution was not his knowledge or expertise, but it was his steady holding to what was most important.

every rider, every news man or woman who is worth anything secretly hopes that he or she will have some good influence on the world. it is a press -- a preposterous wish, of course, but my friend added. if it can be said about any individual in our business that he has been a force for good in the world, walter cronkite was that person. [applause] jon: there he is live at this memorial service which is under way right now in new york city for walter cronkite. there are also to be tributes offered by former president clinton and president obama. well, hurricane fred is out there and getting stronger, now a category 3 storm with winds

nearly 120 miles an hour. it is in the atlantic and well away from land and now, but how much of a threat might this be? janice dean is tracking it. >> he is a little ferocious looking. jon: i would say so. a very well-defined eyewall. >> you are impressive. not only does he look good, he sounds good and knows what he is talking about. this is fred. that is a category 3 storm, our second of the 2009 season. you have that buzz saw look and the colder cloud tops. let's look at fred. this is excellent news. fred is just going to affect the fish. this is the next 12 to 24 hours. it will still be a category

three. as it moves into cooler open waters, it will dissipate rather quickly. that is what we like to see. here is a look at the models as we head out further in time. most of them have at the start moving north. one model brings it a little bit closer towards the u.s., but we're pretty certain that fred will not affect us here. a quick look in your satellite composite over the last 12 hours. we have an upper level low across the ohio river valley bringing unsettled weather. the northeast will be rather unsettled over the next couple days. we have some deep trouble call moisture moving into texas which is excellent news for them. across the central brain -- across the central plains, shower and a thunderstorm activities moving in. an upper level trough pushing into the north was, bringing some showers and even some

higher elevation snow in some cases. here are the current temperatures. 82 in dallas. some of the in a chicago. 69 in new york city. here are today's high s. 96 in dallas. in new york, 71 degrees. back to you. jon: any snow in colorado yet? >> not yet. doesn't come quickly in the fall season? jon: they're getting ready for it, and the skiing will be good. >> i want to see some pictures of you in asciiskis. jon: it is coming. patti ann: some are concerned that there will not be enough vaccine to protect everyone at risk of h1n1. one new study is looking for ways to double the vaccine supplies we're already getting. we're live in san francisco.

this sounds like good news. what is happening? >> researchers at stanford university want to determine the safety and effectiveness of an experimental swine flu vaccine that contains something that is a substance that boosts the immune response in a could reduce the amount of vaccine needed for protection against the swine flu. it is key because it works, it could stretch the limited supply of vaccine by making each dose more potent. patti ann: with this mean that people would not need the two shots that they're being told now that they need? >> it is complicated right now. the regimen calls for two shots, three weeks apart. it can make it tough for the medical community to fight the swine flu. again, if this works and a single shot to be as effective as the two currently needed, obviously there would be a lot more vexing to go around. doctors would have an easier

time putting together their vaccination program. it would also be better for patients. patti ann: the you know how much the deficit could be reduced? >> that is still being determined. but doctors say, in theory, could possibly take a third or even a fit of the standard dose of the vaccines main component and put it with that booster. then you'd have three to five times as much a vaccine available. but it is not clear whether this will work and even if it does, when we would see this single dose of vaccine. some say could be mid winter at the soonest. patti ann: thank you. fox news has all the information you need on h1n1. just go to foxnews.com and enter h1n1 into the key word search. their answers to questions and a lot of research and reporting.

jon: a live look at capitol hill now or the president is set to address a joint session of congress tonight. what he is likely to say about health care reform and what impact he is hoping to have on lawmakers and, frankly, on the american public. and hillary clinton in front of the supreme court -- in a way. a movie on her is. we're live at the court and will tell you what this is about and how it could affect campaigns forever. . [ moos ] [ man announcing ] if you think about it, this is what makes theladders different from other job search sites. we only want the big jobs. welcome to theladders. a premium job site for only $100k+ jobs and only $100k+ talent. without my makeup. now, it's no problem. (announcer) neutrogena tone correcting night serum

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jon: this is a fox news alert. the space shuttle discovery has undock from the international space station after dropping off 9 tons of supply and a new resident. we are waiting for a news conference from the shuttle. they are expected to hold a news conference from space. that looks pretty cool. at any rate, we are expecting

the news conference and we'll take you there when it begins. first, it is crunch time for the president tonight. hours away, president obama's primetime health care address to a joint session of congress, and of course, the american people. the president's top domestic priority at stake here. when house aides say that you can expect the president to lay out a detailed plan of what he wants to see in a have felt -- in a health care reform bill. the gang of six is trying to come up with a bipartisan compromise that can win republican support, but after a heated town hall meetings and public approval numbers, can president obama take control of the health care debate? could this address to be in game changer? [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- bret baier, there are some new numbers about what the american people think about the president's performance on health care?

>> a p has just released a new poll that shows 53%% of people disapprove over the president's handling of the health-care issue. this has been a big problem for the white house, especially after the august town halls where the polls started to change. especially with independent and elderly folks, anyone over the age of 55, polls started to slip significantly against the president's plan. part of the plan is, when you talk about the president's plan, there is not merely one plan, there are a number of bills. there is hope from the white house point of view that a bipartisan view -- bill can come from the finance committee, as lawmakers are working on that. there you see the gang of six. they have built up the

expectation for tonight that the president will have to give some sort of game changer that will change the dynamic of how everyone is looking at this issue. the question is, how does he do it without enraging the left part of his party, were continuing to alienate republicans, who have not seen much that they can sign off on? jon: nancy pelosi has said we need to have a public auction, we need a government-run insurance. ben nelson, one of the pivotal votes in the senate, said that the public option is a burr under his saddle, you could say. >> that is one thing that the white house sees as negative, the way the conversation has gone. the focus on the government-run health insurance option, they say it has taken away from the broader elements of insurance

reform that the president want to get through. the problem is, when you have house speaker same we cannot pass a bill without the government option, and you have centiliters saying that they cannot pass one with eight, it is tough to walk that line to see where the middle is. what most people are expecting is the house will pass the public option, and the senate will not. then they will go to conference committee in which they will try to iron out the differences. the president has a challenge to walk that line and also lay down markers of what he wants to see in a final bill. jon: as long as this thing has been going -- of course, he wanted this before the august recess. the longer this drags out, the lower his own numbers seem to go. they have to be concerned about that at the white house. >> very much so. and their strategy is interesting. this is the 29th speech

specifically on health care reform. when you mention all the time she has mentioned health care reform, it jumps to 121 times. this is his 264th speech. he has only been in office 200- some days. that is more than one speaker per day. polls are suggesting that the american people are losing support. jon: thank you. he will be hosting coverage of the president's address to congress. that begins seven, 50 5:00 p.m. eastern time. -- 7:55 p.m. eastern time. also, this just breaking, max baucus, a pivotal player in this, says he is ready to put together a bipartisan bill by next week, even if he has no

republican support. if that happens, look for all kinds of fireworks. if this thing is going to make it into law, republicans want a voice. patti ann: as john mentioned, we are watching several press conferences today from nasa. the crude is setting their sights on a thursday landing in florida, one day after undocking from the international space station. the press conference concerning the shuttle is being held until after this press conference concerning the hubble telescope. the amazing pictures are coming from that. it has been quite a day for the state agency, telling these latest pictures a short while ago, thanks to an upgrade from atlantis crew last may. as you can see, the pictures are

better than ever. phil keating has more from miami. are we getting our money's worth? >> it cost $1 billion to upgrade the hubble space telescope. that was four months ago. right now, it certainly appears so. astronomers and scientists are taking a first look at these images. this first image appears to be a very large butterfly. it is actually a photograph of a dying star. that is not the photographs i was talking about. that one is the hubble space telescope. these new photographs really showed the improvements. it is about 100 times more sophisticated. we have some pictures on foxnews.com.

we have some before and after photographs that really exemplify what the old telescope was able to take and what the new version is able to do. they are absolutely spectacular. here is that dying star. that is cast emanating from in, about two dozen years in progress. that gas is 32,000 degrees fahrenheit. in the middle, that it is what used to be the star. this picture will show you on the top half, the old view from the hubble telescope -- actually, the new one is on top. old one is on the bottom.

this is also taken by the spectrum camera. this is a photograph view of 100,000 stars in a giant star cluster that is a small region boasting up to 10 million stars. this is an area of the universe within our own milky way galaxy. all of those stars are said to be 10 and 20 billion years old. that is a look at five galaxies seen in the universe. absolutely stunning. compared to the old hall space telescope imaging, which really amazed everyone, these are certainly spectacular. the upgrade for the hubble space

telescope will be used until at least 2014. the mission with atlantis, where they had that secondary launch pad in case of an emergency mission -- that is the last planned repair job of the hubble space telescope. lot of anticipation from asset and astronomers around the world how this is going to pan out. these are the first images of the new and improved hubble space telescope, and they are certainly not disappointing. patti ann: some great pictures. thank you. once again, we will be bringing you that nasa press conference when that starts -- at least part of it. jon: in california, fire crews are hoping favorable weather conditions will help them to clear out the dry brush and set plan fires to contain the

wildfire. the station buyer is 62 percent contained. it is blamed for the deaths of two firefighters. reward for information leading to the rest to who -- to the arrest of whoever caused the fire is now up to $150,000. patti ann: now for an update on the kidnapping of jaycee lee dugard. in bone fragments found near suspect of garrido's home in california appears to be human. investigators are now sending that known to a lab for more testing and they would try to develop a dna profile. officials have been trying to connect him with another homicide that occurred in the past in the area.

her family spokesperson says they will not be commenting on the investigation. jon: hillary clinton hits the big screen, but it is not what the role she would have wanted for herself. the supreme court is set to make a ruling on a film that could have a big impact on the next presidential election. you could end up taking 4 times the number... of pills compared to aleve. choose aleve and you could start taking fewer pills. just 2 aleve have the strength... to relieve arthritis pain all day.

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accu-chek® aviva. born in the u.s.a. jon: this is the republican leadership in the senate. mitch mcconnell and john painter speaking. they are holding a preview of the president's speech. >> the only thing we know so far about the democratic plans we have seen is that they are bipartisan only in their opposition. the only thing about the debate so far has been bipartisan opposition. what we ought to do is concentrate on the areas where we agree. i think there is uniform

agreement that we ought to try to deal with the cost issue, increased costs for millions of families, is a serious problem. crafting a bill that drive the cost of even further for those who are covered and happy with their coverage strikes us as not the appropriate to go, nor does raising taxes to pay for it is sensible thing to do. among the things that we could do, obviously, is to do something about junk lawsuits against doctors and hospitals that almost everyone in the system -- senator mccain and i had the chance to do a number of health care forums in august. the one thing that you heard consistently was billion are lost every year and defensive medicine practices are resolved.

we certainly do not think it is a good idea to have massive cuts in medicare in order to start a program for someone else, another group of citizens. as we know, medicare has serious problems already. estimates are that it will be broke in seven years. the thought that we would take $5 billion from medicare in order -- in order to start another strikes us as a bad idea and not the way to go. in tort reform, most of our members are open to insurance reform. this is the kind of thing that could be done on a bipartisan basis. address the issue of pre- existing conditions. many of our members prefer interstate competition, portability, allowing you to care your intern from dawn to job. all those are kind of things that we could do on a bipartisan

basis. there is certainly no disagreement on the need to strengthen what people have, making insurance more accessible to those who do not have it, and lower-cost for everyone. those are the kinds of things around which we can rally in a bipartisan fashion. jon: mitch mcconnell, the leader of republicans in the senate -- he will be followed by john maynard, the leader in the house. he said the president is not exactly conducting business in a bipartisan way when it comes to trying to get health care bill passed. interesting to know whether senator mcconnell knows what is attributed to max baucus, who is leading the the times in the senate to get a health care reform bill through the senate on the democratic side. according to the reuters news agency, max baucus has said, he is willing to put a bill for

that has no republican support. that could come as early as next week. we will continue to cover the health care issue for you. patti ann: an underwater movie about hillary clinton find an audience in the supreme court. the documentary follows the former presidential candidate on the campaign trail, and now it is a debate over freedom of speech. shannon bream is at the supreme court. what is at stake today? >> there was a very spirited argument and it comes down to corporations and how they can spend their money when it comes to political advocacy in the campaign season. it centered on this movie about hillary clinton. it was very unflattering but they made the movie when she was running for president and the federal election commission stopped them from advertising in the way they wanted. really, it is all about corporate spending on political speech. it could have a major impact on

election going forward based on what justices decide. patti ann: it is also the first case for sonia sotomayor. did we hear from her? >> yes, she spoke and asked her first question at about 25 minutes. she was very low-key and had serious, probing questions. we only heard from her a few times today. just a couple of questions and she eased into her new role. patti ann: thank you. jon: they are on the front lines of health care and now they want their voices heard. 10,000 doctors have a bone to pick with the folks on capitol hill, signing a petition with a list of demands. a couple of those doctors will be with us to share what they believe are serious concerns over the health care reform plan.

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patti ann: an army of doctors taking their concerns about health reform to capitol hill. mr. day, head of president obama's address tonight, doctors made the round to senate offices, delivered a petition from an online social side for petitions -- physicians. if ithey say that the governmens not listening to them. joining us now it is the doctor who organized the petition and delivered copies to senate offices, along with several others. we also had a rheumatologist with us.

what exactly is in this u.s. physicians appeal? >> it is an appeal signed by over 10,000 positions including -- physicians including the provision that we feel are necessary for health care reform. first and foremost, tort reform. second, transparency in building, which is to say, getting rid of the proprietary ama billing codes. third, meaningful insurance reform,. fourth, coming up with a more rational way to come up with physician compensation. patti ann: to the tort reform issue, i know that' you feel special interests have more say than doctors do? >> it was funny to hear howard dean say that tort reform was off the table because they did not want to do with trial lawyers. it is a small group of people

having a huge influence on this reform bill and the cost of defensive medicine is the enormous every day. patti ann: tort reform is a term that is vague to many people. talk about what needs changing. >> we are an on-line physician community. we have been around for about three years. physicians share information with one another, and in doing so, improve the care they give to patients. what we have seen increasingly in the past few months is physicians are talking about the critical things that would allow them to provide the best possible care while keeping down costs. tort reform, the ability to deal with these frivolous lawsuits that physicians have to deal with, is increasingly a problem. without any restrictions or balances on the tide of lawsuits that patients can bring against physicians and health-care

system, it creates a huge cost in terms of malpractice premiums but also leads to a tremendous number of unnecessary tests and procedures that doctors and patients agree are necessary to provide the best possible care, but are done simply because of limiting the malpractice risk or the risk of being sued. patti ann: we have to leave it there. thank you for joining us. jon: the doctors would like to hear this. a democratic senator from oregon is saying fellow democrat max baucus has announced he will get some kind of legislation out of his committee, basically by the end of september, regarding health care reform. you may know the senate finance committee is the center of activity, the center of gravity, for the president's plan. it has been bottled up there as

chairman baucus tries to come up with some kind of agreement that will make republicans happy. as we heard earlier, according to reuters, he is willing to put forward legislation with no republican support. this indication would seem to suggest that there could be something coming from max baucus of the senate finance committee. we will continue to cover it here. carl cameron will be with us in a couple of minutes. there are three proposals in the house. that is what makes this process so mysterious. you are good at crystallizing all of this for us. three proposals in the house, one in the senate. that is the one that max baucus has been battling back and forth on for months now. >> as a technical matter, there

are two in the senate. the health, education, and labor intention committee chaired by the late ted kennedy has already passed a bill with a public option. that would create the government exchange as an alternative. the debate right now in the senate finance committee is very much at a turning point. the chairman of the committee, max baucus, it is meeting with fellow democrats this morning. as we reported yesterday, it is his goal to pass a bill from the finance committee by the end of september. they have made it clear, democrats and republicans alike, that they do not believe a government program, government insurance program could pass the senate. they are looking at the idea of co-ops, where based on region,

organizations could purchase insurance, and with large groups, and bring down the price. it has not been agreed to. there has been a tremendous amount of speculation in the past few days that max baucus and his committee would try to push out some legislation today in advance of the president's address. there are some political problems with that, the risk that the democratic finance committee chairman could be upstaging the president, and that could in hendersonville will. on the other hand, if they wait too long and the president's speech is a game changer, which not a lot of people expect, then the finance committee could be rendered irrelevant because there legislation would have missed the train. it is evident now that there is not going to be a deal from the senate finance committee today. probably not one announced in the few days, and they are looking for an alternative to the public option, but it will not be in front of the committee until the end of the month.

that raises questions over whether the president desired goal of getting health care legislation passed this year is possible. the original deadline was supposed to be in a few weeks but the president has raised the stakes. we are waiting for democrats to acknowledge that they do not have an alternative. jon: thank you, carl cameron. it is the issue boiling on capitol hill in advance of the president's speech. gecko: uh, you wanted to see me sir? boss: come on in, i had some other things you can tell people about geico -

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jon: welcome back. president obama gearing up for a critical address on health care tonight on capitol hill. will this be game changer? we have a debate. patti ann: it is one of the biggest days of the year for apple stands. the computer giant is set to announce a new product today. what will it be? jon: it is september 9, 2009. 09.09.09. why some couples say that is a very lucky number. patti ann: he will take center stage night after president obama. republican charles boustany will deliver the gop response to the president's response -- address to congress. he is the head of the ways and means committee, but it is his prior experience that gives him confidence to make his case.

molly henneberg is in washington. i was this congressman asked to give the gop response? >> he is on the house ways and means committee which has jurisdiction over health care and he is a doctor. >> i am a cardiovascular surgeon with over 20 years experience in the operating room. i have seen health care first hand and i know the problems families are struggling with with high costs. i know the problem we see with access to physicians. problems that exist currently in the medicare and medicaid system where access is a problem. >> john boehner asked him last week and if he would give the response. we are told the speech is finished except for some last- minute tweaks. patti ann: what is the expected to say tonight? >> he will focus on the republican approach to health care reform, what he calls

common-sense reform. in will bring down costs for individuals and small businesses. he is long -- likely to stress working in a bipartisan fashion and also challenges democrats by saying that republicans were shut out of the process. we do not expect him to endorse the public option. he says there are a number of reforms that can be made short of that. patti ann: i understand you spoke to someone who gave the gop response on health care 16 years ago. what was her response -- advice? >> former connecticut representative nancy johnson said that you do not have much time, so you need to hit your main points. she gave a response to president clinton's speech in 1993, and she said that the biggest problem is the president has one hour, but the gop, just three minutes. >> you cannot believe how much

blood you have to put into to boil down a big subject to two, three points. one of those points always is always a good thing that the other side is doing, the things that you agree on. you do not want those to be lost. >> then she says boustany has to move on to the point that the two parties disagree on. patti ann: thank you. jon: taking a look at wall street. in one hour, the federal reserve is set to release its beige book, a report on economic activity. meanwhile, lot of intrigue surrounding apple's news event. the company may announce a new product. there is also speculation that it could release the digital versions of the beatles songs. we are in san francisco.

what are you hearing? >> we are hearing a lot of things. we are 30 minutes away from the start of one of the most important technology events on the year. a couple of things people are hearing. a brand new ipod could be added to our gadget collections. they cut the price of their existing versions by various prices. we could also get a new version of that with cameras installed. last but not least, we may get a new version of itunes as well. version no. 9 could be released today, including some social networking links, making it easier to contact and communicate. jon: thank you. let's take you to washington.

this is max baucus with some big news. >> next week. we are going to move that finance committee and mark got health care reform the week after next. this is our moment. we have spent many weeks and months on this issue and now is the time to move forward. >> [inaudible] >> i'm very much hope and expect there will be some republicans when i issue the mark next week, and then when me go to markoff the following week. my door is open, and i think i will move forward anyway, irrespective of the public. we have to move forward. i told chuck grassley that just one hour ago. i also said that two key

senators a while ago. we will have day mark next week, and i expect republicans to be on board. i do not know how many. if there are not any, i will move forward, in any event. >> does that mean there is one more week to go for bipartisan coffee? >> it means there is quite a bit of time left for bipartisan support. that is expected by some number of republicans, i do not know how many. after that, we go to mark up, and then there will be plenty of time for republicans to join. maybe a republican senator may offer an amendment to support the bill. it is hard to say. the main point is, two points, i'm moving forward.

we also look forward to having some republicans participating. >> what will you be marking up? is the door still open to a public auction? >> -- option/ >> it is similar to the proposal i issued on sunday night. i think that is close to a measure that will pass both the committee and senate. i am not about to put in provisions which are so problematic that they cannot pass the full finance committee or senate. some of the answers will be fairly close but there will be some changes. it will be pretty close -- >> did you get suggestion this morning by 10:00 from republicans? >> yes, many of them did. the other five gave me some ideas and we are going to meet this afternoon, this group of

six, to go over these changes we have proposed. >> are you disappointed that you can help to say that we are moving forward with or without republicans instead of saying that we have a deal with republicans? >> not at all. in all negotiations you almost always have to wait until last minute. we have all invested so much time and effort in this. i know my republican colleagues very much want to be a part of this. we both know there is still time. there is time between now and when we vote on the final bill that is marked up in a couple of weeks.

i do expect some to come on board later, so i'm not disappointed. >> where will the trigger, into play? >> -- come into play/ >> it -- play? >> it is funny, i keep on reading about that trigger, but there have been no discussion about that. >> [inaudible] >> i think, frankly, with increasing convictions, a public option cannot pass the senate. it is more and more my view -- i

could be wrong -- but it is my belief that the public option will not be able to pass. >> [inaudible] >> could you give us a flavor? >> it is interesting. the question are mostly around the edges. there is no showstopper, no big policy change, just concerned. how does this work? how does that work? we have not met since august recess, so some banks may have been forgotten, some things in the proposal need to be better understood. this has been the case, frankly, for most of the last couple of months. it is more just working around this and that. >> among the policy changes that they gave you, they did not

suggest -- >> there are a couple. i think is best to keep that. >> thank you, everybody. >> we are moving ahead. jon: that is democratic senator max baucus of montana, the chairman of the senate finance committee. an important player as the country considers whether to totally revamp the way health care is delivered and paid for in the country. when you drill down through a lot of that senate minutia, the most important thing he said, i think, was in talking to senators, he said, "the public option cannot pass the senate." that was a phrase that was pulled tested by the white house. they found that people like the option of it but it is really just government-paid health insurance. the public option cannot pass the senate, that is his opinion. he is a big player as this

argument goes on. nancy pelosi, leader of the house democrats, speaker of the house, says unless there is a public auction in health care reform, it will not get out of the house. so those two bodies are going to battle a biit out. patti ann: of course, the stakes are high for president obama's address tonight. is there anything he can say to change the mind of his critics? not much, if you listen to republican leaders in the senator spoke to the media a short time ago. >> it appears the president will double down tonight and try to put lipstick on this page, and call it something else. it is a phrase that is used here many times, but it appears that the president is going down this path. patti ann: with us now for a preview of the speech, fox news

contributor and conservative radio host monica crowley. we also have a former spokesperson for bill clinton, and jason check your. obama's this approval rating is now at 52%. what does he need to do? >> there is certainly no shortage of advice being given to the president today. but, it is an opportunity for him to turn this around. it has been a battle so far of principles vs specifics. the white house has left out some pencils and opponents have attacked those with names like that panels, rationing, and they are scary and specific. now the president to come back with some specifics of his own, how is he going to rein in rising premiums, how will he improve coverage? how will he improve the condition for people with preexisting conditions? i think that will help.

patti ann: peter johnsonville earlier said that we were talking too much what is at stake for the president and not enough what is at stake for taxpayers. is this about the president? how much is this about obama? >> in his perspective, it is all about him. when you listen to the american people, this is all about what they need and what they want. but we saw at these town halls were american people demanding answers. that is what they wanted. cantors in information. they were not able to get that in august. it will be interesting to see if the president can deliver some specifics. he allowed the far left in the house to dominate this thing, the way he did with the economic stimulus. now he is going to come up with a plan of his own? the problem is, the more the american people see what he and democrats are proposing, the more opposed to it they are. it does not matter how well it

is spun. health care is the most important issue. by and large, and big majorities of the american people say that they do not want the government involved in running health care. patti ann: a new recipes and poll shows 78% of americans believe all americans should be able to buy in the health insurance that congress has. isn't that the problem? lawmakers live by different rules? >> not necessarily. what you heard max baucus say indicate that there is progress on this issue. a lot of the argument has been over the public option. that is very important to progressives, so i think the president has to address that. they have time that to choice and competition. if there is not going to be a public option, the president need to talk about how it is not the end of health insurance reform, and how there are other options. patti ann: thank you for joining

us. jon: you hear all the time of not proceed earmarks in congress. we will tell you which congress member has been described as the king of the earmarks. . hey, has anybody seen barney? he better not be on the bed. you know you're gonna need it. why not stock up now? get everything you need for fall cleaning and fall allergies at an unbeatable price. save money. live better. walmart. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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jon: we are tracking your tax dollars. today we are calling on some of the biggest earmark of users on both sides of the aisle. william la jeunesse, who were retaking a look at? >> no one wants to spend your money on their projects as much as congressman john murtha of pennsylvania. he is asking for $148 million for pet projects.

the area that he really stands out is when it comes to defense contracts. basically, i have some examples here of companies that have generally given him campaign money and earmarks that he has requested on their behalf. mts has an earmark for $5 million. they have given him $30,000 in campaign contributions. the number two spender in the house right now is bill young of florida. also gets donations from military contractors to benefit from his earmarks. for example, alliant

technology, honeywell, and saic. they want $3 million for a communications system and they have given him over $12,000. this may look suspicious, but there's nothing here that violates the law. it is one reason that many say earmarks should be banned. it is basically taking money that has not gone through a competitive process and awarding it to contractors. jon: can i get my earmark? that is what i want to know. thank you. patti ann: robbers take off with an entire atm machine. the video you want to see. it is coming up. ( chirp ) oh yeah-- his and hers. - ( crowd gasping ) - ( chirp ) van gogh? ( chirp ) even steven. - ( chirp ) mansion. - ( chirp ) good to go.

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from a heart attack or stroke. plavix helps keep blood platelets from sticking together and forming clots- the cause of most heart attacks and strokes. dad don't put this off. p.a.d. more than doubles your risk of a heart attack or stroke. promise me you'll talk with your doctor about plavix? i'll do it. i promise. (announcer) if you have a stomach ulcer or other condition that causes bleeding, you should not use plavix. taking plavix alone or with some other medicines including aspirin may increase bleeding risk. tell your doctor before planning surgery or taking aspirin or other medicines with plavix, especially if you've had a stroke. some medicines that are used to treat heartburn or stomach ulcers, like prilosec, may affect how plavix works, so tell your doctor if you are taking other medicines. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare, but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur.

patti ann: philadelphia police are searching for a pair of robbers who took off with an atm machine at a hospital to the

whole thing was caught on camera. they walked into the delaware county hospital and rolled it ride out the door. it took them two minutes to yet police say the two men knew how to disable the alarm. jon: if you're looking for love today and a little bit of luck, this may be the best day to get married. this is september 9, which works out to 9/09/09. chinese couples and couples in malaysia are flocking to get married today. all kinds of couples are trying to get married today. numerologists believe it is good luck. patti ann: a fire engine fell into a huge sinkhole in los angeles yesterday as angeles yesterday as firefighters