martha: "happening now" starts right now. bill: have a great tuesday, everybody. we will catch you tomorrow right here. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- jane: good morning, everybody. we begin with breaking news. court action in this major terror investigation that is far from wrapped up. live pictures from the courthouse in brooklyn, new york. the accused ringleader, najibullah zazi, it is due to take the seat now accused of a plot described by many as the biggest tariff threat since 9/11. this is in to our newsroom. the man carrying -- the van carrying zazi to the courthouse. this hearing is about to get under way. what do we expect to happen? >> by and large, this should be a largely procedural hearing. it is going to be an arraignment. it should take about 10 minutes or so.

there will be charges. he will have the opportunity to play, -- plea, possibly set another court date. there's the possibility things could deviate from what we expect. there's also the possibility there could be new charges. it is anticipated this thing should be over in about 10 minutes. it was scheduled to start at 11:00. jane: one of the big questions is who is helping this guy? we have learned that there are three alleged accomplices out there. authorities have said they know who they are, they know their names. what do we know? >> the associated press has reported that authorities have identified three accomplices. we do not have anything more specific, nothing about their identity, but it you look at the court papers last week, those papers clearly said there were three people who assisted zazi. let me take you through it very quickly. one of them, according to the court documents, traveled from new york to denver.

they used stolen credit cards to buy, according to the court papers, 1 gallon of hydrogen peroxide solution. a second person purchased acetone, and a third person on a different date, 32-ounce bottle of scalp developer that reportedly contained hydrogen peroxide. these are the key ingredients used to make a homemade explosive. the big question now is -- where are they? who are they? and perhaps most important, where are these chemical ingredients that could be used to make a bomb? jane: as you were speaking, the ap has reported that zazi has been brought into the courtroom. looks like it will get underway in a second. i also wanted to ask you what security is like at the courthouse. >> let me reference the fact that this is a federal court, and therefore, cameras are not allowed inside. we do have a producer in side who will give us a detailed account of what takes place. to get back to your question, things here are tense.

it is a federal courthouse. it is always secure, today especially. in the distance, you can see that there are some officers, at least one in my line of sight. federal uniformed officers to assist. that is somewhat unusual. you can see the homeland security vehicles. earlier today, we also had a couple of bomb-sniffing dogs that were here. perhaps you saw in the corner of your screen the dozens of reporters, some of whom have traveled great distances to cover this proceeding. jane: i know you will update us as soon as you get something from inside the courtroom. thanks. gregg: the war in afghanistan is a major focus. the white house happening this hour. president obama will be talking military strategy with the secretary general of nato, and this time around, it is nato that is calling for change. what is expected from this meeting? will we actually hear from the

two leaders? >> we will hear from the president and the nato secretary-general, and the nato secretary-general basically laid out what his thinking is in a speech yesterday afternoon here in washington. he says he agrees with general mcchrystal that more troops are needed to control afghan cities. he also feels like they need to be more military trainers sent in to train afghan forces. he says nato will be in it for the long haul, though some nato allies are talking about withdrawing some of their troops. he says he feels the airlines will be there for the long haul, so one would expect president obama to thank nato for its contributions to the war in afghanistan and some preview of what their discussions will be in terms of the way forward from here. gregg: speaking of the way forward, when is a decision going to be made? do we know anything about the president's timetable on this? >> we heard from robert gibbs

yesterday that he expects the president with the consultations over the next series of weeks. it will at least three multiple weeks before the president reaches a final decision. we know that tomorrow, he will convene a meeting with his key national security team, also commanders in the field, and also, basically diplomats, who are responsible for that region -- the afghan/pakistan region -- to get their thoughts, and the president is going to promote a free-wheeling discussion, not take any ideas of the table, and take a close look at where we go from here in terms of afghanistan. gregg: very quickly, as i understand it, president obama and the vice-president will actually be involved in another meeting in the oval office that will likely cover the topic of afghanistan. tell us about that. >> that is definitely correct. at 4:30 this afternoon defense secretary robert gates will be in the oval office with the president and vice-president. no cameras involved, so one would expect the general mcchrystal report would be a hot

topic of discussion when you get this to be in a room together. gregg: no kidding. we learned over the weekend that the secretary of defense had not even presented the request yet. maybe that will happen today. we will wait and see. mike, thanks. by the way, we will have much more on troop strategy in afghanistan in the next hour. we will be joined by the former chairman of the joint chiefs of staff, general richard myers, so stay tuned for that. jane: in the meantime, a bit of breaking news coming to us courtesy of the associated press. united nations officials telling them that iran has notified an intermediary of the swiss government that the american government can have access to these three young americans who have been detained in iran. they were hiking in july, and according to their families, it looks like they were hiding in iraq and strayed over the border and they were arrested in iran. families say it was an accident, and they have been begging for word on their condition.

now, it looks like the american government is being told they will get some access to these three. interesting timing, you might want it. this coming just two days before iran is due to meet about their nuclear program. we will bring you details on that as soon as we get it. we are also learning more about iran's secret nuclear sites, which is now a secret no more. the head of the program in that country is now claiming the plant was built inside a mountain to protect it in case of attack. it is about 20 miles north of the holy city of qom, next to a depot controlled by the military. the fact that they kept it secret for so many years has raised more suspicion that the nuclear program there is for weapons, not just energy, as they have been claiming. permanent members of the united nations security council as well as germany will be meeting in geneva with iranian officials over the direction of the program. we will have more of that coming

up in a few minutes. gregg: more signs of life in the housing market, happy to report. a leading index of home prices in 20 major cities across the u.s. showing month-to-month home prices are going up, not down. what does that mean for you and me? jenna lee reporting from fox business network. i always like the air as going up instead of down. tell us about this. >> it is normally a good thing. you are absolutely right. this might be telling us the housing market has stabilized a little bit. if you own a home, it could be a sign that your home value is stabilizing. if you want to buy, now might be a good time to get in. a couple of things with this report i want to mention -- it is seasonality and also the government. more people go shopping during the summer and spring, simply because it is before the holidays. it is easier to move with the weather, as well, and the kids

are not in school, so that might be adding to the numbers. also, you have that first-time home buyer tax credit from the government that to be factoring in. investors are still a little bit mixed as to whether or not this means we're off to the races, or if this is just a speed bump before we decline further. but overall, a good sign. gregg: all right, thanks very much. jane: a bit of breaking news from the courthouse in brooklyn that we showed you at the top of the hour. najibullah zazi, the guy accused of plotting to use weapons of mass destruction in this plot that has been described as the biggest tariff threatens 9/11 -- he is in court facing a federal judge in brooklyn, and we just learned that he has pleaded not guilty to these charges. david lee miller told us that this whole session this morning should take about 10 minutes. it is procedural. he needs to enter a plea, which he has just done. we are waiting to hear more information on this guy's alleged accomplices.

we know they are looking at least three people, and they know the names. we will talk coming up about what they are waiting for and how it will play out. gregg: well, a key senate committee is debating the most controversial aspect of health care reform today -- the public option or government-and an insurance plan. we are live at the senate finance committee where two liberal senators are proposing amendments to provide a public option in and max baucus bill. there is senator charles grassley right now. something that moderate democrats and many republicans are trying to kill. carl cameron is at the capitol. what is the expectation with democrats trying to change the public option? >> this is the bill that has a cooperative instead of the public option. all four other bills have the public option. today, it is jay rockefeller of west virginia and charles schumer of new york proposing

amendments to insert the option in the bill that was supposed to have the alternative. as you might expect, the ranking republican on the committee has come out and reiterated his opposition to it. he says the so-called public option, which is little more than a government insurance plan, amounts in his mind to a "slow walk to government-run single payer system." republicans are going to be against it, but the big question is whether democrats are going to be against it. it begs some questions about whether or not democrats are divided. here is how rockefeller unveiled it earlier. >> people assume it is some kind of government takeover. those are mostly people who have some kind of ideological bent against it. and it is not. it is optional. it has been said before. we say it again -- people could get into it, get out of it. it is an exchange, has the same benefits as others. >> the idea of this is that

there would be insurance exchange available online where you could take a look at the various different type of public government insurance options and shop around, that there would be a public government-run insurance option in that marketplace, the so-called exchange. jay rockefeller says it would be a lot like medicare, another government program, obviously, one that already exist. very controversial, however, and the division is among democrats. we expect your that the chairman of the committee is against what rockefeller is proposing in a matter of minutes. gregg: both kent conrad and max baucus have suggested that there is no way public option will pass on the floor of the senate, but the question about the committee is an interesting one. i read a column today that said there are nine democrats who are either in favor of or open to a public option. any idea how this will end up in the committee? >> the three who are not -- the

way this breaks down is a 13-10 split. you are looking at max baucus, chairman of the senate finance committee from montana, moderate democrat. kent conrad, the chairman of the budget committee, moderate democrat from south dakota, and there is leaking from arkansas, and she has said some very critical things about the government-run insurance program. none of them have signed onto the plan other than max baucus. he is still hanging out there all by himself on this. democrats have neither agree nor expressed -- they have expressed opposition to keeping the status quo, but nobody has actually said where the votes are, so this amendment could test them significantly for the first time. gregg: carl cameron, we will check back with you as this develops. thanks. jane: we want to give you an update on two missing little girls. one is 11, and the other is 12 and nine months pregnant. there she is, the race to find her. plus, new details emerging about iran, its nuclear sites, and it has just been disclosed.

the country is showing even more defiance today. we will update you on that and the breaking news from the associated press, iran now making an overture toward the united states, potentially allowing a visit to these three young people who were arrested over the summer for straying across the border. are you receiving a payout from a legal settlement

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jane: want to go back to federal court in brooklyn. najibullah zazi's attorney is talking to reporters. >> you cannot convict him of conspiracy without an agreement. you cannot. >> what about the bomb making instructions in the car? >> you cannot convict him of a conspiracy on hand written on making instructions, purchasing these products. you cannot convict him on the charge he is indicted up. on that evidence, you cannot do it. >> do you have any idea why no

one has been arrested in the 11 days since he was? what does that say to you? >> it does not say anything to me. what does that say to you? >> i'm the one asking the question. >> can your clients get a fair trial, given the information -- >> you know, i'm a new yorker, and 9/11 changed everything. as a defense lawyer, absent 9/11, i would much rather tried a case in new york and denver. i would think new york is a much more liberal city. that is absent 9/11 and absent the nature of these charges. i presume he could get a fair trial, but i might be misled. i don't know. i got to go. >> thank you. jane: that is j. michael

dowling, and it looks like he will be representing terror suspect najibullah zazi. making the case there for reporters that you cannot convict someone based on the evidence seen here. he says at this point, the evidence is circumstantial. i'm sitting next to a guy who is a lawyer who is shaking his head, saying that you can. gregg: they have other co- conspirators, and they believe they can prove an agreement plus an effort act -- overt act. in this case, it would be buying components to build a wmd. if that is proven, the government can make their case. jane: according to the associated press, authorities say they know the names of the co-conspirators. we are going to be talking to one of our lawyers in addition to gregg coming up in a little

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jane: want to get back to our breaking news out of brooklyn, new york, this hour. terror suspect najibullah zazi has just pleaded not guilty to the charges that he conspired to use weapons of mass destruction. he has been ordered held without bail. there is word today that his target was new york city's mass- transit system. let's get to our guest, a former prosecutor, who has been watching this all play out. no surprise this guy is not getting out on bail he has a better chance of going to the moon. clearly, he is a risk of flight. his wife and children are in pakistan.

a guy who wants to build a bomb is obviously a danger to the community. jane: we just heard from his attorney saying they cannot convict this guy on a conspiracy charge. this is all circumstantial. they may have videotape of him by a hair products. >> that is clearly enough. first of all, this guy is not a bleached blonde. he has no reason to buy hydrogen peroxide. he has bomb-making materials, instructions, which had been searched by the fbi. we know that there are others who helped him purchase these products. the guy wants to build a bomb. all we have to show g is toregg said. -- all we have to show is white g -- what gregg said. jane: when this guy was first targeted, before he was even arrested, one of the questions was who was he working with?

authorities know at least three people they are looking at, they know their names, so what is going on now? >> they are not in custody probably for a number of reasons. one, they may not know exactly where they are. they may have reasons for wanting to leave them out. they may be under surveillance. they may have other people watching them. if there is what they call a wire up on one of their cell phones, they may be wanting to make additional phone calls, so there may be a host of legitimate reasons, with regard to investigative and logistic reasons as to why these guys have not been arrested yet. clearly, the government is not identifying the in an effort to protect this investigation. jane: to let our viewers know, the picture of 30 you were seeing, that was in the middle, -- that was zazi in the middle,

on the left, the imam, who tipped him off, and on the right, his father. a couple of senior judges in this system passed on this case. why? >> that is a very interesting question. these cases go to these federal judges on a wheel, and they come up randomly. these judges turned them down, and they do not have to give a reason. one of them i have been in front of, and she is a tough judge. if i had to guess, i would say that they either knew a victim or knew someone who was hurt in 9/11, or they have some personal reason why they do not believe they can be fair and intellectually honest, so they passed on it, which i give them a lot of credit for. jane: we have faith in our system for this country. >> i have been doing it for a

long time, and it is a good system. jane: thanks for coming on. >> thanks for having me. jane: we will continue to watch this. gregg: we are getting breaking news out of iran and the swiss government. apparently, the american hikers held so long by iran, the swiss are going to get to see them. we will update that i just a moment. also, a mother accused of the unthinkable -- locking her own son inside a closet for more than four years. now, she is the one who is locked up.

jane: a lot happening on this tuesday. and malnourished teenager shows up at a national guard facility. they say he has scars on him and was kept inside a closet for years. we will tell you about what police say looks to be a disturbing case of child abuse.

car dealers in the country are going under fast, and now, the city's to house the car dealers. plus, starbucks coffee chain trying its hand at a new market. we will sample fancy instant coffee in a little bit. gregg: this is a fox news alert. fox news confirming that the swiss government will gain access to the three american hikers who have been detained in iran, since they were arrested, accused of trying to illegally enter iran, are arrested by the iranian government. associated reports reported incorrectly and now correcting itself that indeed it is the swiss government that will gain access to those hikers, not the u.s. government. the swiss represents the u.s. government in tehran, since we have no embassy there. in the meantime, washington planning to push for a brand new -- push for a brand new

sanctions. iran is warning the rest of the world to back off, claiming it has the right to a nuclear program. the gentle man you see there is a former cia director of counter-terrorism -- the gentleman you see there. the hikers, is this a conciliatory gesture by iran? >> i suspect it is if we look at the timing of this. the fact that the iranians are agreeing to it right now i think is another indication that they are trying to give us some mixed messages here. gregg: iran is insisting it is not even going to talk about its nuclear program at the geneva talks coming up on thursday. does that suggest to you that in the end, dialogue is likely doomed to achieve little if anything at all? >> i think dialogue along the current lines is likely to achieve little if anything at all. they say they have a right to a

nuclear program, and, in fact, they do. they have the right to have international support for a nuclear power industry or to develop nuclear weapons. they cannot have both. gregg: properly monitored. >> indeed. gregg: iran has ignored with impunity three rounds of sanctions. it has had no effect whatsoever. now, president obama wants to try new sanctions, financial and oil and gasoline-related. will those also fail unless somehow we can get the russians and especially the chinese not too bad for those things to iran -- not to back-door those things to iran? >> absolutely. i think at the end of the year we will see a sharpening of sanctions, but they will not be crippling. at the end of the day, they will not be effective without russian

and chinese support, and we are simply not going to get russian and chinese support for those types of sanctions. gregg: do you think they are going to get access, the iaea? >> i think we are going to get back into another long, complicated dance. i think it is very, very clear. i do not think any serious student of this issue can have any doubt now, if they had any before, that the iranians do intend to have a nuclear weapons program. there is no other reason to have a facility like this? -- no other reason to have a facility like this. gregg: is that dance for the purpose of buying weapons? >> yes, it is both for the purpose of buying time to develop weapons and also to give the chinese and russians a better excuse to play this process out and not to come in for crippling sanctions.

gregg: experts say the facility is too small for commercial purposes, but it is the perfect size for the nuclear fuel needed to create a bomb. is there any doubt that this plant was configured for that purpose, nuclear weapons? >> no, i do not think so. i'm not a nuclear expert, but from all that i have seen, i think it is very clear that that is the purpose of this plant. the iranians themselves have admitted that the reason it has been constructed in a way that it has, under a mountain, very close to a religious site and a military base, is that they want to be able to protect it effectively from aerial attack. gregg: so what do we do? >> first of all, we have to admit something that we have not been willing to admit up until now, and that is that it is not only possible, it is probable that eventually iran is going to have a nuclear weapon. i think that is going to affect the way that we approach this

topic. you will note that there was a qualitative change in the type of dialogue we had with north korea after they had the weapon from what we have before. we need to have the types of conversations with iran that we would be having its they had a weapon now. gregg: the problem is pteron does not appear to be a rational government. we will leave that for another time -- the problem is tehran does not appear to be a rational government. jane: what if your job told you you had to get a flu shot or you would be out of a job? >> in a park adjacent to the east side of the capital, and the rallying cry is turning into almost a tea party. it has become very political. "my body, my choice" is what they are chanting.

they have chosen nurses, therapists, people who work in the medical field. this is an unusual time in our country, one of the speaker said. "i'm feeling brave. i'm not feeling very free these days." and other speakers said they will not be forced to put live or dead virus in their bodies. the tyrannical nature of the government has to stop. this demonstration started just a short while ago, and it really caught my eye and years. this is about being mandated to get the h1n1 virus. health-care workers are saying whether they do it or not will be their own choice. they had been chanting. they are holding up signs. the deadline that these workers have is november 30, or they will be fired, is what they are being told. they are angry today. they are voicing their opinion there on the steps, as you can see. almost 30 party--- almost tea

party-esque. jane: keep us updated. thanks. gregg: the fdic may ask banks to prepay three years with the premiums to try to shore up the fund that insures american deposits. the prepayments would add up to a whopping $36 billion. the insurance fund has been hit very hard by a series of bank failures that began last year. the banking industry would prefer the prepayment option over a special fee, which would be the second this year alone. jane: starbucks is hoping its newest offering will keep up the chain. they are now telling customers, "do-it-yourself." i'm steering of the package of instant coffee. i'm going to sample it, and if gregg is not afraid of my

cooties, maybe he will, too. >> this is what the ceo of starbucks is calling the biggest opportunity in their history. this will cost you a little bit less than $1, and it launches the day in the united states and canada, and it is a way for starbucks to try to get into a different market. we have talked about starbucks store traffic falling, competition from mcdonald's, the introduction and maybe failure of some new products out there. jane, some investors say this might be the way to get into the market. americans drink on average about 3 cups of coffee a day, so maybe a package like this instead of going into a starbucks. what do you think? jane: you got the italian bold. definitely bold. i will say that. we will see what it does in about an hour or so. >> exactly. what has been interesting for

starbucks is this instant coffee market is about $21 billion. it has been really successful in europe, but americans have not taken to it, and starbucks so far does not have a supermarket partner. it is only available in starbucks and cost of -- costco. jane: maybe it is the cut that it is in. it all tastes better. i get really hyper when i have caffeine, though. i might take gregg on. gregg: that is really good. all right, a fast-moving storm during a lot of damage in virginia last night. emergency crews dealing with fallen trees, snapped power lines. more than 8000 families lost power. one family had a tree fall on their home. >> we started running, and a tree came in and fell through

the window. gregg: wow. dominica has today's forecast. >> we are still looking at some rain on the radar, but that big, strong system has pushed off to the coast, and that is going to mean some drier air that will be moving in for the next couple of days. a nice, healthy batch of rain coming down across upstate new york where they looked at some strong wind gusts yesterday. but we have a brand assistant to talk about, and it is this front moving in to the pacific northwest. it will not only bring some rain, but it will also bring cooler temperatures and some strong, gusty winds ahead of this front that will go all the way down to the california area, so those winds are going to pick up, and temperatures are significantly going to drop over the next couple of days. we're looking at one of two inches of precipitation through the pacific northwest, but look at the temperatures -- really cool in los angeles. 67 degrees. that is it for the high today.

winds will be picking up through the afternoon, and we have some high wind warnings for the southwest that will stick around tonight through tomorrow night. gregg: thanks so much. jane: a 14-year-old boy showed up and claimed that he had been locked in a closet for more than four years. he escaped now, and he is going to be okay, but someone has been charged in this case. we will tell you who. gregg: he had scars all over his body. the new commander of our forces in afghanistan, general stanley mcchrystal says he has only spoken to president obama once since taking charge. is that normal? nation. but, it's not like we're kicking back, now, havin' a cuppa tea. gecko vo: takes lots of sweat to become that big. gecko vo: 'course, geckos don't literally sweat... it's just not our thing... gecko vo: ...but i do work hard, mind you. gecko vo: first rule of "hard work equals success."

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gregg: let's take a look at some aerial photographs of we are receiving from prince george's county in maryland. there is a couple of flatbed tractor trailer-type vehicles with a police escort.

this is steal from the world trade center towers that has been tested over the last three years that the national institutes of science and technology -- at the national institutes of science and technology heading back. these tests were done to determine why the construction might have contributed to the collapse of 9/11. we will continue to follow that. jane: coming up new in our next hour, the commander of troops in afghanistan has a acknowledged he has only spoken to president obama once since taking command. general richard meier will be here in a few minutes to talk about where the war in afghanistan is headed. could there be a silver lining to this recession? you will look at a study that finds that bad times may be good for your health. how is that even possible? this seems like a good idea for a parent -- a push to educate teens about the growing dangers of driving a distraction.

something to let your kids know before they get behind the wheel. gregg: now, to an incredibly disturbing case of child abuse. a 14-year-old boy in oklahoma claims that he was locked inside a bedroom closet for more than four long years. the boy is said to be malnourished, has scars all over his body, says he was tied up, chuck thomas hit, set on fire, and his mother and her friend are now in custody -- he was tied up, choked, hit, set on fire. >> i saw her come outside, but i never saw the boy come outside. from what i saw of her, she seemed to be a good mother. gregg: joining us now, the oklahoma city public information officer. have you been able to confirm these claims?

>> it appears everything the child is claiming regarding the abuse is true, particularly with the scarring of the upper body. he told officers last friday that he had been held mostly in a closet over the past four years. there were times when he was out, but he had been choked, beaten, burned, stabbed, and he certainly has the scars that showed that. gregg: why? >> that is kind of the burning question, why anybody does something like that, but this child obviously experienced abuse to the extreme. gregg: the mother, as i understand it, was in jail for some time, got out of jail, and moved to your jurisdiction. do you know what she was in jail for? >> i do not know if she was in jail in new jersey or what the charges there were.

there were other children in the home, and all seven minor children, including the victim, were taken into custody. gregg: were the injured as well? >> they did not show the signs of scarring that the victim did, but that is something our investigators are looking into, to make sure they were not subjected to that type of abuse, either. gregg: those other children, did they know that there's sibling was locked and tied up in a closet for four years -- did they know that their sibling was locked and tied up in a closet for four years? >> that is something that investigators are hoping to find out. jane: as you were speaking, we got something from our producer in brooklyn, where the terror suspect najibullah zazi pleaded not guilty earlier today. we're told that he did not

speak. he looked, as the producer described it, well groomed. no handcuffs. no family was in court. he is being held without bail now, permanently detained until his next appearance, which is set -- if we could go up a little bit, please -- december 3, 11:00 in the morning. phil is in florida was one of the untold stories of the economic crisis. >> have you noticed that when you are driving around your home town lately, there used to be big lots, american flags flying, cars and trucks for sale, now replaced by a vacant spaces of acreage, just in the asphalt -- empty asphalt for sale. former car dealership lots -- why they are not selling coming up. . .

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jane: orlando florida is famous for theme parks and luxury hotels. take a look. acres of abandoned car lots from failed auto dealers. phil keating is on this for us today. >> a lot of times, these eyesores are really one type of used property, just not every type of business we have can actually moved in and take over what used to be a car lot. we have acres and acres of asphalt it does not translate to a lot of businesses. the property value has been decreased. they are still not moving because as one dealer put it, he is finding it hard to buy a dealership that is still operating.

jane: what about having the cities or that counties take over the property? >> because of the economy and tax revenues are down. playoffs for government workers are up. a lot of times, there is just not money to buy these properties up. southeast of orlando, a county found to get a good deal on the property. that particular property translates well for local government. that is now going to be their service and maintenance of their righre. jane: it is hard to look at these businesses out of business. are they seeing a turnaround in car sales? >> the cash for clunkers program was really effective. dealers and central florida just had a beating.

twenty dealers participated in the cash for clunkers program. 18 of them of all -- have already been paid back in full. these dealers are hoping that there will be some more types of stimulus. they are trying to get this property developed. a lot of economists believe that there is a negative connotation. if you see all these empty, neglected lots, it has an effect on consumer spending. gregg: the nuclear showdown with iran is certainly heating up the country claims that it has every right to a nuclear program. the white house is reacting on what israel will do. jane: the war strategy for afghanistan. the president is meeting with the secretary general of nato saying that things will have to change in afghanistan. what does he mean? f are you receiving a payout from a legal settlement

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[captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- jane: top of the hour, president obama is meeting with the secretary general of nato who was quoted as saying that things are going to have to change in afghanistan. does that mean he is pushing the president for more troops? gregg: the future of your medical care is taking shape right now. kithis is the senate finance

committee. will they pass the government run health insurance option? jane: recession is actually good for your health? we will explain what researchers said that they found. we start with the community organizing group acorn. a preliminary hearing is about to get underway in las vegas. charges of illegal of voter registration activity. we have heard the stories of voter fraud involving acorn before. eric shawn is in las vegas for us. explain what is going to happen here. >> acorn is on trial today here in las vegas. this is the very first time that acorn itself is a criminal defendant in a criminal case to remember all those voter registration problems when they allegedly signed up the starting lineup of the dallas cowboys, among thousands of

fraudulent voter registration forms that prosecutors say were submitted by acorn. a preliminary hearing will see if there is enough evidence to continue the case. a former acorn field director is cooperating with prosecutors and will testify against acorn and a former regional acorn director permit they are charged with running an illegal sentence program. in -- an illegal cent and -- incentive program. acorn says that it is a performance standard. both the attorney general and the secretary of state are democrats. just moments ago, they said that politics has nothing to do with it. what acorn did is criminal. >> it is something that is important and should be important to the entire country.

i think we are sending a very clear message that we will not tolerate these types of activities we have seen voter registration abuse in nevada before extending and, we are trying to hold these individuals accountable. >> there are similar state investigations across the country involving acorn and alleged voter registration fraud. if acorn is convicted here, it could have its tax-exempt status revoked. that could have widespread implications for the organization across the country. back to you. jane: thank you very much. gregg: major developments in the new york terror plot. the chief suspect facing a federal judge in brooklyn this morning. the afghan immigrant has been arraigned on charges of conspiracy to use weapons of

mass destruction in the united states. entering a plea of not guilty through his attorney. his attorney disputing the conspiracy charge. >> the government will have to produce someone else. they do not necessarily have to indict him. a better, but someone else or the conspiracy charge fails. gregg: the government apparently has three others that will be identified later on. the judge ordering him held without any bail. investigators say that he was involved in a plot to bomb mass transit targets. the fed's identifying three other men that might have been involved in that plot. jane: president obama is pushing too tough -- pushing for tougher sanctions against iran. wendell koehler is at the white

house. avon has said that it will not even talk about its nuclear program. what has been the reaction? >> publicly, officials say that they will demand the unfettered access to this facility. they can see that the issue is not likely to be resolved. they're planning for maybe one more meeting. they hope that iran's intransigence builds support in other countries for tougher sanctions. the comment by russia's deputy foreign minister was not particularly helpful. he said that this week's missile test should not be used to escalate the debate on sanctions. that is exactly what the u.s. intends. secretary of defense gates says that the combination paints a picture of a pattern of deception. he hopes that other countries take note. jane: sanctions have not stopped

iran in the past. what new ones could potentially work and be effective? >> the three security council resolution sanctions that target iran's nuclear missile program had not been particularly effective. they hope to expand that to you include energy and perhaps shipping, perhaps blocking investment in an iranian refineries. perhaps blocking insurance on iran's imports and exports. the protests that followed this year's election shows that president mahmoud ahmadinejad does not have as much support as he would like. the thinking is that increase pressure on the country economically might substantially increase the pressure on him. jane: how soon with the united states be likely to act if iran

does not comply? >> a state department spokesman says that it should be apparent by the end of the year whether the iranians intend to continue their enrichment program. if they do that, the u.s. will push for new sanctions. the enrichment facility is already under inspection by the international atomic agency. officials feel that they have some time. experts say adding new sanctions is just a part of putting pressure on the iranians. it will substantially poll up the pressure. jane: some new details from an emerging story. fox news has confirmed that the swiss government will be allowed to gain access to these three americans. they were detained by iranian authorities back in july.

they were hiking in iraq. they accidently crossed over to -- into iran and they were arrested there. this is all being confirmed by fox news, originally reported by the associated press. gregg: school is back in session. more than 21,000 cases of swine flu on college campuses. the university of illinois reports 40 new cases every day. so, what is being done with these students? do doctors think that the worst is over or still to come? >> we spoke to a doctor yesterday. he said it would be easier to predict what a hurricane would do then this virus.

she and doctors say they are noe to confirm every case of suspected edge -- h1n1. h1n1 is the only flu circulating at this point. it is still early on in the first wave of the flu season. take a listen. >> we know that outbreaks of flu continue in a 12 week wave. at this point, we are in the fourth week. we probably will continue to still see cases. those numbers could go up. >> doctors believe that by winter break, one in three students will have been infected with h1n1. gregg: thank you very much.

jane: there is more out rage after the murder of a 16-year- old honor student. his attack by other students was caught on videotape. they are hammering each other with a big railroad ties. we will have an update on the case in reaction from the community. ho on nce ias.

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jane: a fourth teenager is charged in the beating death of a chicago honor student. three other students are being held without bail. police are studying this horrifying video. they believe that albert was just a bystander. they are hitting each other with what turned out to the railroad

ties. a memorial for albert turned into a protest. they are yelling "you are a killer" to a politician. thirty-four public school kids in chicago were killed last year. they're looking for it least three more suspects. gregg: show down tonight in the u.s. senate. lawmakers taking up the issue of government-run health insurance today. few peopthis is the single most controversial component of the health-care debate, pitting democrats against fellow democrats. what can we expect today? let's bring and monica crowley. michael, let me start with you. it would appear that his care o3

democrats, there are only a few in favor of the public option. they cannot get it out of committee. what is the point? is it simply to appease liberals? >> i think senator schumer is going to offer a bill, but i think it is very unlikely that it passes the committee. there is just not enough political will there. health insurance reform is more likely on the table. gregg: i was looking at the latest rasmussen poll. 56% of americans oppose health care reform. that is the lowest level yet measured. is the reason that the vast majority of americans, almost

70%, actually like their current insurance coverage and they fear that they're going to lose it with all of this? >> you hit the nail on the head. also the question of cost. the vast majority who have health insurance and like their plan, they are afraid of what it will mean to them. nobody's saying that the system does not need reform. why remake one 20th -- 20% of the u.s. economy to cover 11 million people? we can do it at a much reduced cost. we can do it without making those who -- putting those who have insurance at risk. gregg: if you are correct that this public option will not get out of committee, that means that max baucus's proposal, these cooperatives would be presented in his bill -- the

former house secretary says that the co-ops would actually be federally funded. they would be staffed. you essentially have washington providing the money and the names. this is nothing more than a public auction that is actually dressed differently. is that true? >> it is private based insurance. the government has to be involved some level to regulate it. there is a disconnect with the public and what actually happens. i absolutely think that the public option will barely make it out of the finance committee. that option is not moving forward. gregg: the nonprofit cooperative is, if it is bureaucrats who are going to be deciding what is covered, how much money providers can charge, that is a

public option, isn't it? they are just calling it something different. >> of course it is. there is not widespread support for a government option in either the senate or in the house. you are seeing a resurgence attempt on the left in the senate trying to get this on the table today to try to get this done. if it does go down, which i suspect it will, the democrats will try to backdoor this. they will try to slip it in using some lubrication. the trigger is, if private insurers do not insure everyone at an affordable cost -- that is totally subjective. each one of these things is a backdoor way of getting ultimately to a back door public option and then ultimately to a back door single payer system.

voters who really like the back door or think that reform should be done in a different -- a different day, should not be fooled by what the democrats are trying to do. gregg: whatever comes out of the finance committee will be moved to the senate floor. is it going to be 60 votes? >> i think senator reid has made it clear that both options are on the table. it is enormously tricky with the senate rules to make that happen. the democrats have not taken that off the table. >> all of the chaos is on the democratic side. it was not supposed to be this hard for the democrats. now the challenge for the democrats is to try to get something done that is not going to alienate perhaps the one republican that might go along with it, olympia snowe. gregg: thank you very much.

jane: between the economy and the job market, a lot of us are stressed out these days. the recession might actually be good for your health. it looks like he struck again. their egos. -- there he goes. one word turns innovative design

into revolutionary performance. one word makes the difference between defining the mission and accomplishing the mission. one word makes the difference in defending our nation

call the number on your screen or visit libertytena.com. úú gregg: he kind of looks like a lot of middle-aged men. if he is not on account, this guy might be robbing a bank. florida police are calling him a the beer belly bandit. he has struck the same citibank twice this year wearing a golf catcall a shirt. -- a golf hat and a polo shirt.

jane: the economy got you down? there might be silver lining. there is a new study suggesting that the bad economy could be good for your health. how can that possibly be? let's ask manny alvarez. how can that be? >> somebody is trying to put a positive spin on this recession. if you look at the data from the 1920's, clearly there was improvement in health according to the university of michigan. i think nowadays, it is a little bit different the population is sicker than the population from the 1920's because we have higher rates of obesity and heart disease. when the recession began, everybody ran to the doctor boarded a lot of people were worried about losing insurance.

that is all positive. everyone is focusing on their health care. ultimately, to put a positive spin on people losing their jobs, will not cut it for a lot of doctors. jane: if you do not have as much cash lying around, you are not going to have a bottle of booze. >> that is all true. there are other issues that have to do with health care. it is not only cutting smoking and drinking, but the stress that comes, if you look at the rates of suicide, they spike up when you have economic downturns. also, the severe stress. if you put stress on top of people who already have issues of heart disease, obesity, diabetes, that will make the outcome even worse. jane: mcdonald's has been the

survivor of this recession. >> you bring the price down, they are going to give you a bigger piece of hamburger. you are not going to get any help here. jane: these researchers said that in times of expansion, it is not necessarily good for our health. there is a lot of stress involved in work as well as companies are trying to get things done quickly. >> that seemed to be the case. we still have to see if this -- once the economy turns around and people start getting jobs and feeling better, will there help improve or got -- or get worse? we have historical data that we can compare. jane: thank you. gregg: the president has been meeting with the nato secretary general. >> i just want to welcome the secretary general to the oval

office. he and i have the opportunity to get to know each other at the nato summit in strasbourg. he was nominated and selected as the new secretary-general of nato. i can say given his experience as a head of state, everyone had confidence in his decisive and effective leadership abilities. that confidence has proven justified. i think he has shown himself to be an effective strength -- secretary general interested in reforming and renewing the nato alliance and always rooted in the understandings that this is the most successful military alliance in history and a cornerstone of transatlantic relationships.

we had a very fruitful discussion. we talked about the most important mission right now, afghanistan. we both agree that it is absolutely critical that we are successful in dismantling, disrupting, destroying the al qaeda network. that we are effectively working with the afghan government to provide the security necessary for that country. this is not an american battle. this is a nato mission as well. we are working actively and diligently to consult with nato at every step of the way. i am very grateful for the leadership that the secretary general has shown in committing

nato to a full partnership in this process. we also discussed missile defense. we both agree that the configuration that we have proposed is one that ultimately will serve the interests of not only the united states, but also in nato alliance members. it allows for a full collaboration with nato. we can deal with the very real threat of ballistic missiles. we also do believe it is important for us to reach out to russia and explore ways with which the missile defense configurations that we in vision could potentially lead to

further cooperation with russia on this front. that we want to improve generally not only u.s.-russian relations, but russian relations. while making absolutely clear that our commitments to all of our allies in nato is sacrosanct and that our commitment continues. finally, we discussed the process that we are putting forward for a strategic concept review. nato has been so successful that sometimes, i think that we forget this was shaped and crafted for a 20th-century landscape. we are now well into the 21st century.

that means that we are going to have to constantly revitalizes nato to meet current threats and not just past threats. there has been a process that has been put forward. we are fully supportive of it. i am confident that under- secretary general's leadership, it will ultimately be successful and that we will continue to see nato operate in a way that will be good for our security interests, good for our allies, and good for the world. thank you for the excellent work and you are doing. please feel free to share a few words. >> thank you very much, mr. president. the president and i have had a very constructive meeting.

i look forward to cooperating with the president on transforming and modernizing nato. we're going to elaborate a new strategic concept, which i hope can serve fed a lever for a renewal of nato. our main focus has been operation in afghanistan. our operation is not america pause responsibility or burden alone. it is and will remain a team effort. i agree with president obama in his approach. strategy first and then resources. the first thing is not numbers.

it is to find and find true with the right approach to implement this strategy already laid down and all nato allies are looking at general mcchrystal's review. i am convinced that success in afghanistan is achievable and will be achieved. the normal discussion on the right approach should not be misinterpreted as a lack of resolve. this alliance will stand united and we will stay in afghanistan as long as it takes to finish our job. as the president mentioned, we have also discussed missile defense.

i welcome the new u.s. approach, which will allow all analysts to participate, which will protect our allies, and affect the proposed new system that will serve as an instrument sphere to balance all allies. thank you. >> thank you so much. jane: president obama meeting with the nato secretary general. with us now is the former chairman of the joint chiefs of staff. i know that you were listening along with us there. the secretary-general said that the first thing is not numbers, talking about this request.

do you agree? >> i do agree with the secretary general. this is more than just about troops. certainly, security is a very important element of whatever strategy they finally decide is appropriate in afghanistan. they all have to go hand in hand if we are going to be successful in afghanistan. it is more than the number of troops which seems to garner all the headlines. jane: the longer we ponder this in the united states, the question of what the strategy is and the mission is, he talks a lot about the alliance. does it make it more difficult for us to get other countries on board? >> hit was encouraging to hear the secretary general talk about nato's results. anything we do in afghanistan is going to take patience and it is

going to take great will and resolved. it was good to hear him talk about that. i hope that the nato nations and the other partners who are trying to make it that way do stay in the long term. jane: you have @ burl mullen, the defense secretary, general petraeus -- all three of those people have his request in place. what do you expect to go down there? >> you have to understand that admiral mullinex goes to that meeting, offit -- admiral mullen will go to that meeting. they have contact with general mcchrystal out in afghanistan. i hope at that meeting, there is a large dose of what our

ambassador things as well. i would ask him to think about the way forward. specific to that way forward, whether it is true strength or other things that we can do on the diplomatic front. all of that has to be part. jane: this comment from general mcchrystal that he gave to "60 mins" about how he has only spoken to the president once in about 70 days. your thoughts? >> the president gets advice not only from general mcchrystal, but from general petraeus, the joint chiefs of staff, from secretary gates. you have to believe that is going on all the time. whether he is talking directly to general mcchrystal. i do not find it all that surprising. when we were working iraq and

afghanistan, we may contact the very often with the field commanders. jane: we heard the nato secretary general saying that success is achievable and will be achieved. is he right? >> that has to be our approach. if we are not successful, what is the outcome? i think the outcome is a much less secure region. the taliban have been within 70 miles of his law of god not too long ago. think about who's pakistan. -- uzbekistan kiran it would cause all sorts of instability in the region.

jane: this is really the last question for you. potentially something on the order of 20,000 troops. will it put us on the road to success? >> i do not think any amount of troops can guarantee success in any kind of these conflicts. it takes certainly security, but also political, diplomatic progress, and economic progress. if you do not have all three marching together, we are going to be in trouble. i have worked with general mcchrystal for a long part of my career. i have great faith in his integrity. if he says he needs a lot of troops, i think the president will listen very hard. jane: i will let you go. we appreciate your time, as always. gregg: getting some brand new sketches inside that brooklyn courtroom today where the terror suspect was arraigned.

no cameras are allowed in federal courts. he was fairly well groomed. no handcuffs. it no family was there in court. he pled not guilty through his attorney. he is being currently detained until otherwise noted. he will likely be denied bail. conspiring with others to build weapons of mass destruction to allegedly used on new york mass- transit. it would be a life in prison. he would be a flight risk and a danger to society. it is likely that he will not ever be out on bail. jane: a pretty disturbing update in the case of casey anthony. we have been beating this dead horse for a long time. >> about 1000 patients of documents have been released

from the state attorney's office. among them are dozens of fbi e- mails. listen to what one of the e- mails says. a stain on her car trunk liner appears to show a silhouette of a child in the fetal position, according to documents released today. an fbi intelligence analysts riding in an e-mail -- writing in an email. a very interesting photo exists of the inside of that trunk. it highlights a very large stain. it shows clearly, back, bottom, and legs. several of us -- this is inside the fbi -- can see this image and realize it is a good chance

we're seeing something significant. our fox affiliate reporting that these documents are important in the death penalty case against casey anthony. her remains were found in the woods near her home that following december. what happened to her, maybe some answers in these documents. this is a case that just never gets cold. jane: and it never gets interesting. thank you. let us know if you hear any more. gregg: fallout from the massive wildfire just north of los angeles. they're calling for a federal probe into what they call a poor initial response from firefighters. angry residents are packing a

meeting hall last night to confront a fire officials after a report saying that the u.s. forest service underestimated the fire strength and scaled- back efforts at the night after the flames burned out of control. a spokesman says that his crews did the best they could, but the wild fire started on august 26, destroying dozens of homes. jane: a sees his teeth of a commercia-- and might not be the spooky as part of this halloween.

great looking skin... it's in the dna. [ female announcer ] new regenerist dna cream with spf 25 doesn't just correct. it helps protect your dna without a $200 department store price tag. olay regenerist. jane: we want to check the markets. halloween is just around the corner.

a new survey says that you might be spooked when it comes to spending money on halloween. i know that of people -- a lot of people spend a lot of money on halloween. >> not a great sign for the economy. one out of three americans say that the economy is going to affect their spending in this holiday. halloween really kicks off the holiday season. if you are not shopping during the past few months, you hope to make it up during the holiday season. so, one out of three consumer say that the economy will affect their spending. instead of spending $66, they are going to spend more along the line of $56. that 10 dollar difference adds up. they are going to spend less on candy. in certain areas of the country,

the crops have been affected by the wet weather we have seen. you might be spending more on pumpkins. a lot of us are going to be reusing old customs or maybe just making our own. we were talking a little bit about that. we thought we could be news anchors. we thought of 14 gregg. do we have a picture of that? jane: this is what we came up with. >> we thought that gregg couldbe be judge napolitano. gregg: you know what they say about payback. i am actually going to be on your network tomorrow at noon. look over your shoulder. jane: i would be happy isew that

for you. in both those options, your hair will look just as good as it does right now. gregg: thank you very much. jane: 46.5% say that they will buy less candy. thank you. gregg: iran to finance saying that it will not talk about the recently disclosed uranium enrichment site. what can we expect from this meeting and from our government? find out next.

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jane: you have probably heard by now distracted driving has become a big problem in this country.

86% of drivers admitted texting while driving, and despite a public-service campaign calling for drivers to pay attention. the feds are teaming up to try to get a handle on this. >> i am on a closed course, so it is ok to do that right now. we are actually in a parking lot. i am learning how difficult it is and how easy it is to get distracted while you are driving. the ford motor co. is trying to teach teenagers they need to be careful when they drive. which way do i go? >> i think you were talking a little bit. i think we might have gone over a little bit too much. >> tell me what you are going to go to the kids when you go through this course. >> it will be a nice closed

course, relatively low-speed, but with a lot of obstacles. >> i have to try to do this while i am driving. i will never get this done. >> there is traffic behind us and they want us to move. i am stopping right up here. this is tough for kids. it is also tough for adults. what are the kids learning as they walk through this process? >> hopefully they are learning that it is a tough type of thing. while they may have text in the past and even been successful doing it -- people do this all the time. hopefully they are walking away realizing, the things are coming up on me quickly. i will not realize what will about to happen. >> adults may be learning this

very quickly. the department of transportation starts a summit on how dangerous it is to drive and send text messages at the same time. jane: jon scott crashed up his wife's car doing exactly what you are doing there. hopefully he is not doing it anymore either. gregg: his wife's car? in the united states and, we are getting word that we could be seeing a vote on of rockefeller amendment on health care before the senate finance committee. the rockefeller amendment, we are hearing that it may or may not happen. we are going to keep an eye on that for you. .

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gregg: the former soviet republic of georgia has been in the cross hairs of international relations ever since moscow sent in troops. bret baier sat down with the president of georgia. what did you learn? >> tomorrow, the european union, this commission will release its findings. it is an independent fact- finding mission on the conflict in georgia. this conflict took place august 8. the commission was started to see who started the war. i sat down with mchale such clearly and asked him about the report -- mikael saakashvili.

>> it is around the same time that they had 100,000 troops. lot of tanks, 200 air plans ready. -- airplanes ready. that is pretty big. suddenly, the order was attacked and they had to respond. >> russia says they were acting defensively. privately, they are speaking to reporters and say that they will place the blame on georgia, but also putting some blame on russia for retaliating. we will have more of that report tonight. it is pretty interesting when you look at the whole situation. gregg: thank you. gregg: thank you.