jane: that will do it for us. "the live desk" is next. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- trace: this idaho "the live desk." alisyn: i am alisyn camerota. -- this is "the live desk." trace: that is the national desk. the foreign desk. their job is to cover the globe. the media task is where all of the pictures come into fox news. new pictures will always be it on the right-hand side of the screen. in the top box, developing national security news one day after but the white house calls a provocative missile tests, iran now being more defined saying it will not discuss its nuclear program in upcoming

talks. and more news on the secret nuke site. in the middle box, breaking news on the more afghanistan. nato troops will stay as long as it takes, but no word on whether the president will decide to send more u.s. troops. in the bottom box, a cautionary tale about teenagers and the dangers they face when a text message behind the wheel. we begin with breaking information on the man accused of planning the deadliest attack on u.s. soil since 9/11, najibullah zazi. he pleaded not guilty to terrorism charges this morning. prosecutors say he got hands on explosives training with al qaeda and was on the verge of an attack in new york city.

he is now being held without bail. investigators say that at least three of his accomplices remain at large. david lee miller is with us from the courthouse in new york. what happened today? >> if you blinked, you missed it. it only lasted 10 minutes. it was merely a formality, an agreement hearing. the government explained they are going to ask for the case to be categorized as a complex case. that means prosecutors will have more time to gather evidence. they say some parts of the case extend overseas, and as you might expect, security at the courthouse was extremely tight. trace: if the attorney is brand new, -- well, what about this new attorney? >> that is right.

he spoke briefly to reporters after the hearing took place. he said sundazazi did not breake law by going to pakistan or buying these products. the government can claim allegedly that a conspiracy took place but the evidence is not good enough, and he said that there should not be a rush to judgment. >> what i have seen so far does not amount to conspiracy. i do not know the names of anyone else that allegedly conspired with mr. zazi. once again, unless mr. zazi had an agreement and a one or more people to commit an unlawful act, this charge cannot be sustained. >> according to the ap, they say

government sources have identified three accomplices, but so far no additional charges. trace: when is zazi due back in court? >> thursday at 11:00 a.m. if you were wondering, there were no cameras inside. it was a federal court hearing. we expect it will be many months before he is seen again in public. trace: thank you. alisyn: now to the war in afghanistan. president obama meeting with the nato secretary-general and getting a promise that they will stay alongside the u.s. in afghanistan until al qaeda is defeated. >> we believe is critical that our success will -- that we are

successful in dismantling, disrupting, destroying the al qaeda network. alisyn: but the secretary- general also said a change in strategy is needed. an echo from the call from the top u.s. commanders. tomorrow the president kicks off a set of intensive meetings with his national security council to plan out the way forward. major garrett, does the secretary general see a stronger military role for other nations in afghanistan in the future? >> not immediately, but in a speech that he gave yesterday, he said what needs to happen is to have nato countries who have troops on the ground to loosen up the rules of engagement. he knows the politics of nato, these countries with troops in

afghanistan, are unlikely to increase those numbers. so the first thing they need to do it is left those rules of engagement. even that will be tough because many of these countries do not want to be in combat. the u.s. and british could use some help, and it is not clear if they will get it, but at least there is this. alisyn: what else can nato offer? >> the president announced he was sending an additional 21,000 forces. nato nations offered trainers and development assistance as well as civilian personnel on the ground to make sure that assistance actually does some good. everyone says that right now there needs to be a more robust effort on the ground for development in diplomacy. if nato can fill that role,

things could improve. alisyn: we know there are big meetings tomorrow on afghanistan. are they going to decide how many trips to send? >> the meeting will take place over the next five days, and yes, that will be an important topic. many are suspicious, some are ouopposed to any troop increase. others want to take another look at this suspect election of hamid karzai. if the government's legitimacy is a question, all of these non- military components are going to be undermined because they will not have the confidence from the government to put more of their money or personnel behind the effort. alisyn: thank you. trace: the battle for a so- called public option pitting

democrat against democrat. some demand a public insurance option. there is a look inside the senate finance committee. it looks like they went to lunch. we were waiting for a vote on the rockefeller amendment. perhaps it will come after lunch. carl cameron is with us. have they gone to lunch? are we getting a boavote? >> yes, even elected politicians have to eat. there is no rush on this amendment. they are being put fourth by jay rockefeller and chuck schumer. liberals argue that the public option -- the so-called public option, really a government program -- is the only way to bring down costs in the market.

there is a proposal from centrist democrats that they use a non-profit co-op. liberals say that the problem is private insurance companies. >> they are getting away with banditry, and they revel in it. they send their people to find reasons to come coverage off. >> similar words from chuck schumer, arguing there is no competition he said the insurance company is ossified, coagulated, an anti-competition. no votes now, maybe this afternoon. trace: i am curious how it

shakes out, 13 democrats, 10 republicans. can the democrats get this passed? >> democrats could certainly lose. max baucus prefers a co-op. kent conrad prefers non-profit co-ops. then you have a couple of other out fliers. blanche lincoln has said she does not support a public option. other democrats say that there is no way it would pass the senate floor because the american people would not support it. so what do they do? i cannot tell you because they went to lunch. trace: thank you. that is a live look inside the briefing room. what time are we set to begin?

1:00. about 10 minutes late. when robert gibbs steps to the podium, we will bring you portions of that. of course, major garrett is there for us. iran, health care. we have breaking news on those things when we come back. alisyn: in the meantime, iran says they have nothing to hide, so why are its leaders refusing to discuss its nuclear program with the international community?

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trace: in the top box, that is a look at the white house briefing room. the first question was about afghanistan. the president of the meeting with robert gates tomorrow. the question was what they would talk about, and he said that they would reassess where we are in afghanistan. nothing substantial. in the middle box, new details released in the case and casey anthony. there is word of a stain found in her car that seems to be neat outline of a child. in the bottom box, new numbers of housing market. home prices showing improvement the last six months.

alisyn: in the meantime, war games and mind games from iran. this is just a few days before a key international meeting in geneva. let's break down what happened since last week's meeting at the united nations. president obama and allies publicized the once secret facility. iran fired back with their secret missile tests. one of the countries at the table, russia, saying that the missile launches are not grounds for more sanctions. now iran says and they will allow the iaea to tour their plant soon.

we have it in a guest from the brookings institute. can you tell us what will happen at this meeting? is there a consensus on sanctions? >> there is some consensus, but as you know, the real debate will be how much tougher to make them. we are going to see at least in incremental increase in the pressure on iran, but we know that one of the stronger tools we have come on banning any importation of gasoline into iran, will not happen. that is beyond the willingness of members of the security council to consider. we like it because it would put major pressure on their economy, but critics say that it would put under pressure on the citizens. we do not know what additional sanctions will be placed on oil

exploration, insurance of the iranian shipping companies, and other elements of its economy, which is ok. it is not a poor country, but its growth is pretty slow. alisyn: are in the russians on board or not? they have been giving mixed messages. >> they are on board, to a degree. as far as the banif i had to gir between one and 10, i would say perhaps a three. they do not want to sound too strong against iran, but they're willing to do a little bit. alisyn: even if tough sanctions

were put on iran, aren't the chinese helping them with their refining and liddy, so will they be able to get the petroleum they need -- ability, so will they be able to get the petroleum they need any way? >> yes, and if we can manage to choke off the importation of gasoline, then we would be in pretty good position for a few years. hopefully, describing some of the iranian hard-liners in the meantime. my guess is we're not going to get into this kind of discussion. we may be doomed to a slowdown assistance from the chinese. -- we may be able to slow down assistance from the chinese but and i do not think we are going

to see a ban on gasoline importation. alisyn: if nothing works, and things get worse, what with israel do? >> of course, this is an ongoing concern. this is something that only decision makers will decide on. my speculation is not worth much. my overall view is we are moving into an overall containment of iran. ultimately, they probably will have the ability to get a nuclear weapon, but they want them to pay a long enough price, a big enough price, so that future leadership will give up this program. i think that is the more realistic option we have. alisyn: thank you. trace: we are getting new information that swiss diplomats

will be given access to three american captives in iran, saying they can act as intermediaries for the u.s., verifying the condition. all three were said to be hiking in iraq when they were arrested, and according to officials, they were detained in iran. well, they ever caught on videotape giving advice on how to cheat the government and how to start a prostitution ring. but do not forget, there was another acorn scandal. that is a look inside of day last day this court room. remember the voter registration fraud scandal? -- las vegas voter registration from scandal? and it could be one of the most painful moments for conan.

what forced nbc to show a rerun ?

call the number on your screen or visit libertytena.com. úú trace: acorn on trial. not for giving advice on how to open up a brothel. this one is on the voter registration fraud case. a man who once managed the project vote campaign is facing

a judge, along with the organization who is accused of committing illegal acts for incentives. our senior correspondent is outside the courtroom in las vegas. why is this hearing so important? >> it is the first time a court itself has been charged in a criminal court. so far all of these claims have been targeting the workers, but this one applies to the company. we are looking at the preliminary hearing to determine if there is enough evidence to go forward with a trial. it all deals with the voter registration fraud and a program that they called "21" where they

challenged people to get more than 20 names registered. acorn says this prosecution is wrong, they deny the charges. there secretary of state told us -- the secretary of state, however, told us that what they did was wrong. >> this system has six guards, and unless we hold this organization of campbell, this kind of behavior may continue to go on. >> the attorney general is a democrat. the prosecution is going on right now. trace: who else do we expect to testify in this case? >> the former witness is -- a

witness is a former acorn wen worker. also testifying is a man named christopher and birds -- edwards talking about that "21" program that they had. we are hearing about half of the voter registration forms submitted by acorn here were faulty. it is important because if they are convicted, that could yank their tax-exempt status, and that could have wide-ranging implications across the country for the entire organization. alisyn: they say laughter is the best medicine, but after a late night spill, conan needs it.

he was back on the set after suffering a concussion friday. he was running a mock triathlon with teri hatcher and apparently the set was a little too slick. take a look at this. [applause] alisyn: ouch. he and his sidekick joking about the slip last night. he says he does not remember anything after hitting his head. trace: here is again.

-- it is again. he is coming down the stairs just fine. he hit the back of his head pretty good. that is the whole thing. it is pretty painful. you thought the senate finance committee had moved on, right? now democrats fighting to revive the government-assurance -- insurance option. they are on mantra now, but we should get an idea of how they would treat it like option, and what this would mean for the president to pass a bill by the end of the year. shocking new video released just a day. two homicide bombers practicing their mission of terror in indonesia. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements.

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education secretary kicked off their listening and learning tour to find out what needs to be done to help american children succeed. it is all part of the reform plan. next stop is new orleans and baltimore. trace: thank you. 21,000 cases of h1n1 at college campuses in the country. carina sonn is with us from the university of illinois. >> the blue masks are plentiful, but the vaccine cannot get here soon enough. here at the university of illinois, more than 700 cases have been diagnosed although numbers at most places have leveled off, we are not out of the woods yet. trace: thank you. should your tax dollars be used

to fund abortion? molly henneberg is in washington. >> warren hatch says know. he has offered an amendment that would prohibit that. -- orrin hatch says no. the amendment would allow individuals to buy health insurance plans that cover abortion, but pro-choice supporters are demanding that they only use money from private sources to pay for abortion. trace: that is brand new information. another huge battle in the debate over health-care reform. hammering out the public option. the senate finance committee is offering some new amendment on the baucus bill, and although the amendment says no to the public option, many democrats

are still not giving up. >> this will be optional, no one has to do this. the estimates are only 5% or less of the american people will leave the health and insurance they have now. >> i am opposed to it because it is a slow walk to government- controlled single payer health care. trace: liberal democrats may have to convince their moderate democrats. with me now based kirsten powers and tucker carlson. there are 13 democrats in the senate finance committee, 10 republicans. can they get 12 votes? >> this is why liberals always have trouble. they always form circular firing squad. we are not getting a public option. the final version will not contain a public auction.

this is simply power and being exercised by labor groups. that is fine, but in practical terms, it only hurts the president's effort to pass this bill. if you are a faithful democrats, you were watching this and pulling your hair out. trace: that is a good point. kirsten powers, now all of a sudden they want to take a step back even though they do not have the support. >> i agree with that. from the beginning, i have been skeptical that we would end up with a public option. the truth is, the obama white house has known that as well. early on, it was something that they said, that we may have to look at exchanges, co-ops. i thing they realized how hard it was going to be to get the public option. the closest they will get to it

is some kind of a trigger. trace: she says it is going to be tougher to get this public option, but perhaps it will be even tougher to get this trigger. 59% are now against this. >> that is right. the average person knows how bad the dmv can get and what kind of job the government does running things. president obama had more political capital than anybody. he should be a commanding presence in this argument, making sure congress does his bidding, not the other way around. he should not let this happen. this is hurting the chances for the passage of his plan. trace: john mccain, lamar alexander, and others are now calling for a 72-hour waiting

period where they would put the bill on line for everyone to read, the cbo would tell us how much it would make -- but it was shot down. >> this definitely sounds like what we need to have happened. if you want legislation pushed through, this is the last thing that you want. of course, the obama administration had hoped that this would all be done by now. when you put this out there for everyone to look at -- which i think we should do -- considerably slows the process down. trace: we have to know what this is going to cost, right? >> that is right. it is hilarious that republicans have to learn about the rules

that they have to abide by. this is ridiculous. alisyn: you are about to see images of a homicide bomber planning their attack. indonesia officials showed this video. in one video the terrorists are seen as stretching near the hotel. a second video shows that eating biscuits and apples in front of their target. one of them and says this is not suicide, this is a good deed. the attack killed seven people and wounded more than 50 others. the videotapes were taken from a laptop taken from an all kind of leader who was killed in a raid two weeks ago. trace: it is sexy time but not in a good way. federal government workers

spending hours on end surfing the web for porn. we will tell you where this is happening and how much you are shelling out for federal workers to surf the internet for porn.

alisyn: car dealerships around the country are going belly up, but they are leaving a big problem. it is more than the unemployed workers. abandoned car lot like the one you are looking at are donning city districts. in one city, and they are becoming an eyesore and local leaders cannot do much about it. phil keating is in miami. how big a problem is it? >> nearly 200 dealerships that

were opened, selling cars and vehicles a year ago are now out of business. more than 100 year alone in florida. -- nearly 2000 dealerships that were open, selling cars and vehicles a year ago are now out of business. it is not very easy to transfer your inventory easily as well. you have all lot of things, lots of space, as well as service centers. now these large centers are becoming eyesores. alisyn: so what are local governments doing about it? >> a lot of times, they do not have the tax money to buy the property themselves. in osceola county, for example, they were able to take this

abandoned property, bought it for accounting purposes, and had it converted to house their county fleet. other dealers who are still in business say the cash for clunkers program very well, and are hoping now that the economy can turn around. alisyn: beyond eyesores, are these dangers, are syuatters living there -- squatters living there? >> no, they are right in the middle of the city, and law enforcement would be constantly on the march. trace: they are investigating wasted taxpayer dollars, but they do not have time watching over your money being wasted because there are too busy cracking down on government employees who are spending thousands of your dollars

cruising the internet for porn. the national science foundation of employees were looking at so much online pornography, they swamped the inspector general's office. with me now is someone from citizens against government waste. when you have to have the watchdog looking over the watchdog because they are looking at too much corn, it is baffling. >> this is obscene. the inspector general has a much bigger things to do. now they are investigating their own people to see what kind of website they are surfing. this is an obscene waste of money. government waste is like pornography, you know it when you see it. alisyn: one senior executive spend 331 days looking at pornography on his government computer as well as cutting

without being detected. where is his boss while this is going on? >> it goes right down to the management. we have 20 people looking at pornography for a few hours a day. maybe we only need 10 people in this office. who is responsible? what are the consequences, and how do we reduce our staff if there is this much time to look at porn. the senior official said that he was doing this for humanitarian reasons, helping someone and overseas. trace: these people are responsible for making sure grant money is not wasted. because they're spending so much time on line looking at pornography, the theory is so much in grant money gets wasted.

they are losing millions just by sending out fraudulent grant money. >> it is a huge distraction. while they are here investigating pornography, what is happening here as the grant money goes out? it could be costing millions of dollars to the u.s. taxpayer. trace: thank you. alisyn: parents are nervous and not when their children get behind the wheel, but when you combine eating, text messaging, putting on makeup, you can imagine. brian wilson is with us to talk about some of the dangers. >> and it is not just teenagers. how many of us have been texting while driving? coming up, we will tell you what is happening here with the vote

we therefore motor company as well as -- ford motor company as well as proposals for a national anti-texting law.

trace: the leading cause of death for teenagers, auto accidents. now ford motor company's has created a unique test track to help teenager drivers to see the error of their ways. the program is a preview to be distracted drivers summit being held by the secretary of truck -- transportation. according to a study from the texas research institute, 86% of teenagers admit they have text messaging was driving. a 80% of responders are girls, a

50% of our boys. brian wilson is at rfk stadium. will there be a national no texting law? >> it may come to that. as you mentioned, ray lahood is holding a big summit starting tomorrow where he will talk about distracted driving. preeminently, people who text message on their cell phone while they drive. it is almost impossible to do. i am sure just about everyone has tried it before. trace: what are we trying to teach these drivers? >> they bring the kids out here and put them on the test track. they distract them while driving, asking them to tax something, turn up the radio. it's sort of drives home the point that they want to make which is, when you are behind

the wheel of a car, you have to focus on your driving. if you need to use your phone, pullover. you will be safer to do that. trace: the question is, you drove, so we want to know how you did. >> not very well. if there had been actual people here, i would have bluecrossed a bunch of them. i learned a lesson as well. i think and may start to pull over any time i am getting a phone call. trace: either someone withheld the video, or you got rid of the videotape of your driving. alisyn: coming up, we will show you this man accused of plotting against the u.s. pleading not guilty in court. prosecutors say he had the ingredients for terror. up next, a terrorism expert on

that right within our own borders. (voice 1) we've detected an anomaly... (voice 2) how bad is it? (voice 1) traffic's off the chart... (voice 2) they're pinging more targets... (voice 3) isolate... prevent damage... (voice 2) got 'em. (voice 3) great exercise guys. let's run it again.

[captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- trace: welcome back to "the live desk." alisyn: i am alison camerota. trace: najibullah zazi pleading not guilty today as we get new information on what authorities say could have been the worst terrorist attacks since 9/11. he has been held without bail as

the government continue to gather evidence in a complex investigation. prosecutors say he received training in pakistan and afghanistan and may have planned to use homemade bombs against mass transit targets here in new york city. investigators have identified three people allegedly helping him, but they have not found them yet, or the bomb-making materials. steven emerson is the executive director of the project. what concerns me most are the three suspects still on the run. they have been identified, but they cannot find them. also, the bomb-making material. are you concerned? >> yes, and the entire public should be. it is disconcerting that three people likely trained in

sophisticated bomb making, the kind which was used in the london attacks in 2005, are now on the lamb. the fact that they have not been found is very disconcerting. trace: if there are three -- and we know this because we believe these three helped him to buy the bomb-making materials. could there be more, and what do you know about these terrorism rings? could there be more of their -- out there? >> certainly, but whether or not they are connected is yet to be answered. the government has not amount to much yet because they are still under investigation. as far as these three men,

clearly, they should be considered dangerous, armed, and that means the capability to designate other bonds that could be used in other attacks, if -- bombs that could be used in other attacks, if not here in new york. trace: you have some information about the imam. what is he preaching? >> what is interesting about him is he was shown pictures of zazi to identify him, but then immediately he called zazi to notify him that he was being watched. we found a sermon that he delivered in august 2009 which showed his true ultrapure tenneco beliefs. he talks about jews and

christians and shi'ites in very derogatory terms. trace: hold on, we have it on the screen. you believe it is this type of hatred being preached that foments this type of terrorism? >> certainly, he believes the reformations under christianity and judaism ruined those traditions. he is somebody who is exceptionally dangerous in his beliefs. of course, he was a co- conspirator to the extent that he knew about zazi's involvement. trace: good to have you. the war in afghanistan topping the agenda at president obama's meeting with the secretary- general. both agree a new strategy needs to be decided before committing

more resources. stanley mcchrystal is also requesting an increase in u.s. troop levels. meantime, inside afghanistan, militants killed 36 billion blowing up a bus. at least half of those killed were women and children. robert gibbs today said that the president would reassess the strategy in the war. coming up, we will take a look at what that might mean. alisyn: the other big story on the president's agenda is iran. continuing to defy the international world, a test firing missiles days before meeting. meanwhile, the obama administration plans to push for more sanctions if iran does not come clean about its program which includes a newly revealed uranium facility near a base controlled by the iranian of the

revolutionary guard. the chief claiming that the only connection between the two is that the revolutionary guard would be protecting the facility from an attack. we have a special guesmike emane white house. >> must have said half a dozen times the onus is on the iranians. here is what he said a few moments ago. >> we will demand that iaea inspectors have unfettered access to the facility, to personnel, documents surrounding the facility. there is no doubt there there is . >> so they will demand that the

rains come clean. alisyn: let's talk about sanctions. it seems people are not aware there are already sanctions against iran. so how would these new sanctions be any different? >> there is talk about expanding them, running them to the energy, telecom sectors. there are many who already believe that ahmadinejad is on thin ice with his people, and if the economy gets worse, he could be in more trouble. all indications now seem to be aimed at aiding the economy. alisyn: thank you. do you think president obama is pursuing an effective strategy in dealing with iran? visit foxnews.com.

trace: we are getting breaking news. this is a fox news alert. there has been a 7.9 magnitude earthquake that just hit off the coast of america sapoa -- american samoa. tim gaughan has been following this. 7.9 magnitude. make no mistake, that is a monster. about 10 times the size of the san francisco earthquake of 1989, about nine times in north ridge earthquake. what do we know about this? >> not a lot. if you look at the website of the usgs, you can see that it is way up there, but it is pretty big.

right now this is in the last hour. that is a big earthquake 7.9. no reports of any damage. we are going to make some phone calls and see how it is affecting the island. trace: of course, one worries are tsunami is. -- one worry is tsunamis. we are getting more than they just issued one. do we know where? we are looking. 7.9 is certainly big enough to generate a massive wave. that is the fear here. >> that is right. we are going to continue to work

to see what we confined out. alisyn: meanwhile, the senate finance committee considering the government option. but can the government really force you to purchase insurance? we are going to ask and napolitano about that. show and tell

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trace: in the top box, the former governor and senator from oklahoma has died. henry bellman served one term before moving to the senate. he died after a long battle with parkinson's. in the middle box, new developments on the three american hikers detained in iran. tehran says the swiss can now have access to them. the move comes days before a high-profile meeting between world powers and iran. in the bottom box, we ask you to weigh-in on whether or not the president's strategy is working. 1% say that yes, they are doing a good job. 8% say yes, but obama needs to be clear about what military options he is willing to pursue. 57% say no, russia and china

will water down any sanctions. 32% believe it is time for military action. alisyn: they say politics makes strange bedfellows, so how about couple? newt gingrich teaming up with al sharpton. they are visiting for cities to call attention to president obama's education reform plan. laura ingle is with us. they are an odd couple but they have a shared mission? >> that's right, and they may not agree on everything, but what they can agree on is this mission to improve education in america. this listening and learning tour kicks off today with the former speaker of the house and al sharpton, starting in

philadelphia. it was once known as one of the more violent schools in the district, but things have turned around thanks to the commitment of the staff. the goal of the tour is to find out what is happening inside the education system firsthand. >> we have been talking about this for about two years. he has a phrase that i really like. education is the number one civil rights in the 21st education. his willingness to talk about changing anything and the president's willingness to talk about more charter schools, accountability, for parents to have information on whether or not their kids are learning, all of that made it a compelling argument to get together. >> they were joined today by the

nation's education secretary rne dunca -- arne duncan. they were very honest with the kids. alisyn: what are new gingrich and al sharpton hoping to learn? >> they want to know what these students want. an environment where it is now violent and they can learn. this is the type of turnaround school that officials hope to see it around america. of course, this is all to push president obama's education reform initiative. a couple of things they are looking at is improving preschool programs, holding teachers accountable for student test scores, and so on. today is just the beginning, and

they will be going to baltimore and new orleans along the way. alisyn: thank you. trace: i want to update you on this earthquake that has had 120 miles south of the american samoa. 7.9 magnitude. there have now been tsunami warnings issued for new zealand, american samoa, and other small pacific islands. this is a long way out in the pacific, south and west of hawaii. it was 120 miles away from any land mass. the fear here is any tsunami that could generate a very big wave. we will keep you up to speed on what is happening. alisyn: there are protests breaking out over that a

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trace: new york state health care workers are up in arms over mandatory flu shots. union workers and the other demonstrators are protesting a requirement to get vaccinated against h1n1 virus by december or lose their jobs. the rule applies to all hospitals and health clinics as well as home care attendants. they argue the swine flu vaccine has not been fully tested. new york is the only state to mandate the vaccinations. alisyn: a major fight over health care on capitol hill. democrats pushing for the controversial public insurance

option. the senate will vote on two amendments to set up a public option. greenmount, president obama wants to require a mandate that would make everyone -- the amount, president obama wants to -- meanwhile, president obama months to require every american to have insurance. >> a central pillar of the health-care debate is that everyone needs insurance, whether they want it or not. but some argue that that is unconstitutional because it has nothing to do with interstate commerce and would require a change in individual behavior. >> not because of any economic activity, because they grow something, compose something. this is absolutely unprecedented.

it has never been done. >> in the 1990's when the clinton administration tried to reform health care, that was an issue at that time. the cbo was asked about the issue and called it an unprecedented formal action, saying the government had never forced people to buy a good or service as a condition of lawful residents. alisyn: this is the heart of health care reform, and many argue that the government should not be mandating this. >> that is right. many people argue it is critical to have health care reform and that the government need to protect taxpayers from inheriting medical bills from young people who believe they will live forever. then they get into an accident and run up a huge medical cost to taxpayers. here's what one person on that side says. >> it is clearly within the

government's power to push individuals into the private insurance market to make sure they do not impose greater cost on the taxpayers. >> remember, the government has tried to dictate itself in these types of matters before. of course, there was prohibition. whether or not this was constitutional was a pretty challenging question and it was a novel issue, meaning it was open to argument. alisyn: thank you. trace: so can the federal government force you to buy health insurance? what else in the bill is unconstitutional? let's bring in our judicial analyst, died in napolitano.

-- judge andrew napolitano. >> we start with a couple of first principles. jim did a nice jump explaining this. the federal government receives limited powers it has from each of the state. the state form the federal government, not the other way around. when the game does cover to the government, they were written in the constitution. it also said that you did not have what the states did not give you. there is nothing in there about health care. if congress says that we need to regulate health care because it is a form of interstate commerce, how can we tell you what to do with your doctor? you are not going from one state to another.

and this is health care, not a commercial activity. the health-care industry has given itself lot of power. at some point, the supreme quitcourt may have to limit what they have because it is contrary to the constitution. the government has never before ordered individual to do certain things under penalty of loss of fortune or liberty. trace: i want to talk about the illegal immigration situation, too. the president said none of this money will go to covering illegals, but the question is, can they keep them out? >> they cannot. i do not agree with joe wilson, but the supreme court has held that if the government makes available a social benefit to the people, it cannot deny it to

those people who are here illegally. think about children. should they be denied health care because their kids are here illegally? the supreme court says no. if you make a social benefit available to some form of the public, it must be available to everyone. the president studied the constitution at one of the best universities in the country, so surely he knows this. trace: thank you. alisyn: nato's secretary-general assuring president obama that the mission in afghanistan is a team effort, as both agree a new strategy is necessary. but what kind of new strategy? and you say you like your starbucks. well, if you do not have time to local -- visit your local barista, we will show you how to

get your fix

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weapons of mass destruction. court papers maintain there are at least three other accomplices who are still on the loose. his attorneys say she is not guilty and underscored that by saying that no one has been named a co-conspirator, so the government does not have a case. trace: we have been notified that any moment now the senate finance committee could vote on the public option. carl cameron is with us. >> it will be a tough bet to make. they have been debating all day. the principal question on whether or not the government to get involved in health insurance industry with the public option, or whether it can be maintained as a new proposal. no democrat has voted against the public option, but knet

conrad signaled that he was going to. trace: when the vote comes up, we will know. college campuses getting ready for a swine flu outbreak. carina sonn is at the university of illinois. >> students here at the university of illinois who get sick with h1n1 are given this hydration pack. this is expected to hold them over for a couple of hours until their parents can pick them up or until they can be moved into an isolated room here on campus. trace: thank you. there is breaking news coming into fox news channel. we told you about that major earthquake outside of american samoa. now they have issued a tsunami

watch for hawaii. this does not affect the west coast of the united states, but it does affect hawaii, and we believe in is a tsunami watch. much more information on that as it comes in. in the meantime, president obama gets assurances from the secretary-general that nato will stay in afghanistan as long as it takes to finish the job. they talked about the strategy in afghanistan to defeat the taliban and al qaeda. the strategy includes more than just beefing up troops. president obama also planning a meeting with the defense secretary and his national security team next week with me

now is neal livingston. you meet with the secretary of defense tomorrow, you meet with the secretary of nato, and everyone seems to be on the same page, but there is mounting pressure on the president now to make a decision soon. >> the situation is deteriorating every day. the general mcchrystal, our commander in afghanistan says he needs 30,000 more troops in order to have any chance of a successful outcome. the president is going to travel to denmark this week to lobby for the olympics. a lot of people think he should be staying here focusing on afghanistan and trying to develop whatever strategy he wants to support. alisyn: given the questions surrounding the recent election in afghanistan, is the karzai

government a willing and legitimate government? >> i have spoken to a lot of people, including those who were on scene at the election, and they say karzai probably would have won the election if they had an honest count, but there are clearly questions about the election and how votes were stolen, so now he has the label of illegitimacy attached to it because of these allegations. trace: you talk about the timeline. stanley mcchrystal made it clear that it is pretty frustrating to watch this we'll a bureaucracy -- wheel of the bureaucracy turned. even if this does go through, it would be several months before we get boots on the ground.

>> probably after the first of the year. one of the reason is we do not have the logistics in place now to build the camps necessary to provide food and support that these troops will need. we have the example of what we did in iraq, but that also took time. that is why there is so much pressure on the president to make up his mind and decide what he is going to do, sooner rather than later. alisyn: what about the theory that al qaeda stronghold are now in pakistan? adding troops to afghanistan, is that an exercise in futility? >> we need more support from the pakistan government. they are doing a lot of good things now, but i spoke to president zardari after he spoke with president obama and said that his meeting was only 10 minutes long. we have to wonder if the

president is engaged here. general mcchrystal said that he has only had one conversation with president obama in the last month. he spends 10 minutes speaking to the president of pakistan talking about some important issues. so the president really needs to be up front here and look like he is taking charge, making a decision sooner rather than later. trace: of course, the white house is arguing that he is simply following chain of command alisyn: it may seem that there is a starbucks on every corner, but now they are making it even easier to buy its coffee, with a new line of instant coffee. they say you will not be able to tell the difference. we have a reporter at the nasdaq. >> ceo howard schultz says that

this is a big development, 20 years in the making. here is how it works. you get an instant brew packet, tear it open, and mix it with hot water. you can do it anywhere. it is all part of their attempt to get a bite out of the $21 billion coffee market. if you have not tested in, apparently in is as good as the regular coffee. nationwide, you will be able to take the challenge and taste for yourself. three package will cost $2.95. 12 packets will be $9.95. the big question is if it will reduce people's drinking habits.

alisyn: it sounds more economical. trace: and when you buy that coffee, you use your credit card, and then you throw away the receipt, and then you are hit with an overdraft charge, and one lead to another, and here we are again? now complains about overdraft charges that are killing you are making their way to congress. we are more to focus on your money and how to rid yourself of overdraft charges. it's actually doing it. gecko vo: businessmen say "hard work equals success." well, you're looking at, arguably, the world's most successful businessgecko. gecko vo: first rule of "hard work equals success." gecko vo: that's why geico is consistently rated excellent or better in terms of financial strength. gecko vo: second rule: "don't steal a coworker's egg salad,

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alisyn: welcome back. in the top box, virginia gov. tim kaine says he cannot think of any reason to stop the execution of washington, d.c. area cyber -- sniper john

mohammed. in the middle box, that is the supreme court posing for their new group fatah today. it is the first to feature the newest member of the court, sonia sotomayor. in the bottom box, folks affected by the massive wildfire in los angeles are calling for a federal investigation into what they charged was a poor initial response to the fire. the internal killed two and destroyed dozens of homes. trace: congress is taking on some of the nation's banks over frustrating bank fees. some complaining the banks are not processing payments correctly and it is costing them money. critics call and reordering. take a look at what your expenses may look like. these are some typical fess.

here is how some banks are reordering these charges. first, the cash in your mortgage, then the car payment, your prescription mean the cheapest. so if your debit card is empty, you get hit with some overdraft charges, making that cup of coffee cost more than you thought. with me now is the founder of green candy -- greencandy.com, a website that gives people financial advice. in the old days you have a checkbook. now, you take your seat and you put it in your pocket and you cannot remember if you have $30 in your checking account. what happens is people go over $1, and then here come the overdraft charges. is it fair? >> it is reality, and sometimes fairness and reality and not

always meet. i do not think anyone under 40 balances their checkbook anyway these days. the bank is there to help us, allegedly. but we are not doing a great job taking advantage for ourselves. trace: they know that we are not great at balancing our checkbooks. it is not the first overdraft charge that kills you. it is the one that comes after. once they take $29, when you thought you had $25, then you have additional overdraft charges. >> i agree. they tend to people -- to prey on people who are struggling financially, but it still goes back to financial awareness for me. some of this legislation going through may force in these banks to change their practices. many banks have also already

decided to change this idea of the ordering. trace: the ones that are in the worst and shape are often the ones who cannot afford this type of protection anyway. here are some tips on how to avoid overdraft fees. this is the best one. consider using cash. when you are out, you are out. are these ideas good? >> absolutely. communication could help quite a lot. if one person is using the democrats monday, and someone else is using in the next day, that is a lot of charging. trace: thank you. alisyn: shepard smith is going to tell us what is coming up on

a studio -- "studio b." shepard: all of these screens are coming in in a wide-screen now. a few people have complained. alisyn: because we look wider? shepard: anything new is horrible. it will grow on you in time. what do you think about this -- perhaps i should not ask you what you think. workers are rallying today at the state capital. the nurse who organized this is when to be our guest, and she is expanding what she does not want the government putting in her body. the state of new york has mandated all health-care workers, that they are required

to take it. alisyn: i am hearing that airline workers may also be required. shepard: you have to read children. all of them would be required to take shots by the government. what is the difference? that is what i'm going to ask her. why can the state tell you, you are a health care worker, why can they mandate this? it is your kids, you decide. i would like to hear the arguments from both sides because it is a compelling argument. the government does not get to tell me what i put in my bloodstream. they need to be vaccinated, right? and if you do not want to take it, dr. or nurse, why would i

want to get it? that is all i have. alisyn: thank you. trace: is he making fun of "the live desk?" we cannot afford your fancy studio. shepard: i can see there, but someone can. trace: it is almost as old as the game, trading baseball cards. now the days of trading to get the last card in the senate could be coming to an end. why the industry is facing major problems. . not long ago, this man had limited mobility.

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my name's brandon. in 9 years, i'll be an alcoholic. all: hi, brandon. i'll start drinking with the older kids, and whatever they do... i'll do. announcer: kids who drink before age 15 are 5 times more likely to have alcohol problems when they're adults. so start talking before they start drinking. i know it'll start with alcohol. i'm just not sure how it's gonna end. trace: in the top box, there's still breaking news concerning this tsunami watch for hawaii

after that powerful earthquake rocked the coast of the pacific. listen to this -- just crossing the wires, it says that a tsunami swept in american samoa shortly after the earthquake. there were no immediate reports of injuries or damage, but those on the scene say this thing actually swept in about 100 yards before receding. very remote part of the world. it is tough to get communication to and from, so we do not know exactly what happened. we are being told that a tsunami swept in to american samoa and then receded. we do not know exactly what the fallout or damage is, but we will get back to you on that as it comes back here. baseball has been part of american life since the 1800's, and so has the hobby of collecting baseball cards, but the days of young boys and ripping open a package of bubblegum to get the new cards

are over. the sluggish economy driving four of the six companies out of the baseball card business. what are the latest stats on the baseball card industry, claudia? >> it is in a serious slump. experts say sales have dropped 80% or over $1 billion in the early 1990's to just $200 million last year, and the trend has caused many of the card companies, the makers of those baseball cards to close, and they're used to be more than 5000 card shops across the country. today, there are fewer than 500. alisyn: why the big drop off? there's >> are a number of factors playing into this. traditional collectors got into a hobby for the love of the game, but then there were those who saw it purely as an investment driving up demand and prices, but then the weak economy, the players' strike, the steroid scandal have all

driven down interest and value, and analysts say the future looks bleak as well because of competition from card games like magic and pokemon. they say kids interested in sports are more inclined to go on-line to get the latest stats on their favorite players and teams. alisyn: right, it is all about the internet. is it it always? trace: breaking news coming across the water right now. we've just been told the senate finance committee has now shot down -- they have turned down the government-run health insurance plan proposed by that man, chuck schumer, as well as jay rockefeller. they have voted, and they have voted it down in the senate finance committee. @=h want to know how fast it took my stiff joints to feel better?

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trace: i just want to give you 10 seconds on this whole tsunami warning. they are concerned in hawaii. >> real quickly, their concern is that it will be multitudes of waves. i've just been told the state department has been evacuating the harbor areas. their concern is whether or not these waves will reach them. trace: thanks very much. much more coverage on this coming up. coming up.