>> and that is wrap on fox news watch this week. i want to thank our panel. i'm john scott. thanks for watching. >> good morning everyone, it's sunday, october 11th. here is what's happening at this hour. a big promise from president obama vowing to end the military's don't ask, don't tell policy. is it really the time to tackle this issue or does the commander-in-chief have enough on his plate? we'll debate. >> controversy over keeping teenagers safe and sober, where one school is bringing breathlizers into the classroom and critics say it puts teens in more danger. >> and you put your life in their hands. so, can you imagine the pilot nodding off, mid flight, asleep? the new push for nap time in the cockpit mid flight.

there were some captains already asleep at the controls. our slogan from vanessa in stanford connecticut the third, watching "fox & friends" is what i really like, welcome back to the curvy couch, mike. >> thank you, how do they know? >> how do they know? ♪ >> it's time for "fox & friends." >> mike, you must have sent the message out to your many legion of fans already. >> my legion of fan, i appreciate that. yes, i'm in for dave. anytime dave leaves, he's in south america somewhere. >> yes, he's been exported. >> ♪ don't cry for me dave briggs ♪ . in argentina apparently. >> here is an in you iphone app out. if you're a conservative and happen to be a conservative out there and some of your liberal friend are giving you some-- an earful, there's a new

iphone app that literally fires back at conversations that liberals have, you're able to look it up, talking points. global warming, here is the conservative talking point and the answer. >> how many talking points can they jam into your phone? >> a lot. >> hundreds of them? >> clayton is prepared for a cocktail party. >> we have an update on the story from liam, abducted from a kindergarten class years ago and ended up in an italian orphanage, a judge is going to make a sdig. big news overnight, president obama adding a task to the to-do list. he wants to end the military longstanding don't ask, don't tell policy and caroline shively has more on this from washington. caroline, this happened at a big event last night? >> right, aly, that event was a huge human rights campaign event, a fund raising dinner where president obama said

flat out he would allow gay men and women to serve openly in the military. >> i'm working with the pentagon, its leadership and members in the house and senate on ending this policy. legislation has been introduced in the house to make this happen. i will end don't ask, don't tell. that's my commitment to you. that left many people attending with this reaction, that's great, but when? what's the time line. >> so far mr. obama delayed action on don't ask, don't tell saying the pentagon is reviewing it. he may want to skip what he saw with president clinton one of the first things he did in office tried to get gays in the military and push back. some say they were strong supporters during the campaign and now behind his other priorities like bailouts and health care and afghanistan. many participants at last night's dinner are headed to capitol hill today. the national equality across america march starts in d.c. at noon and end on the west

lawn of the capital. back to you. >> thank you very much. >> in the meantime i have other headlines for you, fox news alert. u.s. and afghan forces storm a compound in afghanistan that had been used by an al-qaeda commander. more than a dozen militants have been killed in the raid. in recent weeks, president obama is deciding whether to send in more troops. a bloody standoff ended at a compound in pakistan. freed 30 hostages. the siege lasted for 22 hours and it ended with four of the five hostage takers being killed. the attacks on the compound was the third by militants in pakistan in as many days. secretary of state hillary clinton says the world will not wait forever for iran to live up to its agreements over its nuclear program. she also said that a recent meeting in geneva was constructive and iran needs to

act on its promises and secretary clinton has been meeting with british official, set to meet with british prime minister gordon brown at this hour and travels to ireland later today. in colorado, snow, rain, and ice being blamed for dozens of car accidents, including this 50-car pileup. that's 5-0 near colorado springs. one person was critically injured. several others were taken to the hospital with nonlife threatening injuries. meanwhile, about two inches of snow fell in the denver area and causing cars to slip and slide all over the place. oh, seems premature for this weather to me. and standing by with a look at the weather. >> hey, it is premature and these are record breaking towards, not just breaking records by a degree or two, but by about 12 or 13 degrees, temps that may be a prior record in denver. the low cast 25 and now 14 so brutally cold and we're still there. 24 right now in denver and this entire area of the

rockies is going to remain cold this week. the cold is going to slide off to the east and much of the eastern part of the country is going to be seeing the lowest temperatures you've seen in a long time and let's move forward and look at the salt radar picture. couple things going on pt. kind of quiet right now, but expect to go see a now little storm to develop in the northern part of the rockies and see snow to the north of denver and clayton, your game didn't happen yesterday. >> i know, 9:30 last night postponed because of snow. >> and it was 24 degrees. >> it was a good thing. >> yeah. >> this'll probably get it in today, but the snow is going to be north and develop and move farther off to the north and forward across the southeast and did not see the rain this morning, but see and reinvague rate that this morn afternoon. as we move to the west, we are going to have a big storm and fire season across northern california, that's going to change by tuesday, six to eight inches of rain, maybe three or four feet of snow

across the higher elevations. >> you're tired already? >> you need a nap? put him in to sleep. >> mike in addition to being a fantastic television host is thinking about becoming an airline pilot. he can now sleep on the job if the unions get their way. a new movement afoot to let pilots sleep. >> napping may be okay. do you want your pilots to be napping while they're flying. >> not really. >> the pilots union and airlines are pushing the f.a.a. to make it okay to take naps. and this is when you're on a plane that has another pilot and an autopilot, that third pilot thing that they could take cat naps. >> the second pilot in case the autopilot malfunctionings, you'd want someone to be asleep-- awake at the wheel and the f.a.a. strictly forbids this policy right now. you're not allowed as a pilot here in the states to nap.

however, it is happening. >> oh, yeah. they determine that pilots are doing this so that they can cover themselves on the head sets, they use codes. they say, i'm going to take a moment to meditate now. >> what's wrong with in? this? >> british airways do it. >> yes. >> they have one of the best records and qantas airlines does one of the best records. >> and the idea that pilots are flying the planes in mid flight is ridiculous, the only time they're flying them is upon takeoff and landing and the rest it's all in auto pilots. >> i know, it's the feeling that i would prefer on my flights for the passengers to be able to sleep and the pilots to be alert. >> it is. >> just a cat nap. it says that they were going to be more alert if they take that nap they'll be more alert, but this would be the horrifying-- we're thinking about this. all the of a sudden, oh, the guy wakes up. what's wrong? why are the buzzers going off. >> and accidentally hits the throttle. >> it seems like it's going to

get done. >> we are going to talk to a poolt later and he's background to weigh in on this. >> let us know what you think on the blog at fox and friends.com or twitter. >> talk about 401(k)'s, fell 30.5% between 2007 and 2008 and mostly fell among people in their 30's and 40's and we have nicole petallides from fox business here to weigh in. hi, nicole. >> what do you think about the cat nap? >> nice to meet you. >> great to meet you. hi, guys. >> how are you guys, good morning. >> so, everybody is nervous when they open up their envelope about the 401(k) every month and some people think we shouldn't be putting anymore min in as a result. >> you open yours? >> i think a lot of people just stopped opening them altogether. because really, i mean, remember, when the dow was the at 14,000. >> right. >> went down to 6500, right,

so we certainly had a big hit and now we're back approaching that 10,000 mark, we've come off the lows which is great, but everybody's net worth is down from what they had and there's a real disparity between what the difference is between people in their 20's versus those in 30's and 40's. >> why is that? >> that's because in the 30's-- people in their 30's and 40's lost the most and give you the percentage terms actually. people in 30's and 40's lost 26% which was the most nvenlts yus the year of 2008. >> right, this is versus those who lost 18% in the younger generation. people in their 30's 40's had larger balances, more in equities because they're now they're working, making money, but they're not contributing as much so they had higher amounts in equities because you know, you have to know what your risk tolerance is, you know, what your risk tolerance is. it's funny as the market was crashing no one used risk tolerance anymore, because everybody wanted to get out

and get it in cash and now they're trying to get a taste of what the risk tolerance is. >> if we're in our 30's or 40's and you're sitting there saying, tough times, should i put more in my 401(k) at this point or pull money out of it. >> don't pull money out. to start pulling money out is probably not a good idea. >> lower your match rate. >> i'm still a big believer in matching programs and all of these things because they accrue and add up and when you're older they add up, but i think your asset allocation between cash, fixed income like bonds or equities, a lot of people have more than 50% in equities. so, it depends, are you willing to take the risk and also, do you have it in specific stocks versus funds? you know, you may want to play the market in a safer way and buy a fund that tracks your index. >> that's what i did. >> it's a good way to do it it's less poifl. >> with the dow almost reaching 10,000 it's safe to

creep back into my 401(k) and take a look? >> do you have a crystal ball? because you is it safe? over time it shows that all of these things will add up and even over the five years, you know, you had a good year and talk about the good year in 2003 and then we've pulled back after that. so, i mean, in the end, it balances out. it's what your length of time is. so, if you're in your 30's and 40's and you're willing to take the risk it's great, but it's very tough to some mack when you get those envelopes and you open them up and see that you're down. >> sure, of course if you're in your 50's and 60's you may want to stay in cash so you don't see all the losses. >> or something that you can get some interest to it. something that can accrue interest. >> and i'm worried now about turning 30. >> oh, do we get an invitation to your party? >> nicole, stick around. >> it's not as bad as people think. >> nicole is sticking around and we'll talk with her more. >> president obama is pushing

for more department of the power against wall street that he says will help main street. will the government plans really help you and us or end up back firing? >> plus, a controversial plan to keep the teens safe. why the critics say randomly issuing breathalyzer tests in school, we will have a debate coming up. ♪ . rewrite your hair's past and give it a whole new life. new aveeno nourish plus. active naturals wheat formulas proven to target and help repair damage in just three washes. - building shiny, strong... - hair with life. announcer: new aveeno nourish plus.

>> new consumer financial protection agency that i've asked congress to create will have just one mission, to look out for the financial interests of ordinary americans. >> that was president obama at the white house on friday, pushing for more government power in the form of a new federal watch dog agency to oversee mortgages, credit cards and other financial products. wall street is resisting the move and "the washington post" says our commander-in-chief is using a quote, bully pulpit to get what he wants, but the president says this will protect consumers like you and me. is he right, nicole is back with us, is he right? >> yeah, good question. you know, i could tell you

everybody on wall street, what they don't want is more regulation, gep, i like how they say bully pull bit and that was-- more people would say, getting the people to do the jobs as oppose today yet another agency. talking about the consumer protection financial agency, right? and this is supposed to protect consumers. as he makes more legislation, it ends up costing the companies more and in turn when it costs the credit card companies, for example, more, then who pays for it? the consumers. >> true, but can we trust, what, is there any indication that we can trust wall street to and credit card companies regulate themselves? they've proved in the past that they won't. >> i think you can. i'm still a believer in wall street. i think there's still plenty of regulation and i think that they are protecting the consumers and they do have the legislation in place, i think, that these consumers, i think you're okay with these companies, i really do. i don't think that you need more czars and more oversight and more regulation, i think

that the rates have gone up recently, i think that people have felt that. i think that consumer spending has gone down. i mean, you know, it's different when you go to a store and you have your credit card and you go to buy a $200 pair of jeans, $300 pair of jeans, people do, people i know do. >> wow. >>, but when you have to take the money out of your wallet in cash now it's a different picture. so i think what they're doing, they have the default rates for people who default on credit cards those are the ones that are going to jump up. and what the obama administration has done has been protecting consumers from jumping mortgage rates where you have affordable mortgage and blink and now it's unaffordable. >> why weren't chambers of commerce across america be opposed to if this? >> why would they be opposed? >> hurts business? >> the product tonight make as much money. someone like dick bove, wrote

me a note. they'll force prices higher higher. keep people away from downtown and the stores. >> it's about the consumer, the consumer was spending and spending and now the consumer is not spending and i think that more regulation is not necessarily the key. >> here is a statement from the chambers of commerce around america. we will work with the administration and congress to protect consumers by strengthening the financial system and advancing our economic recovery. however, this agency, the cfpa, is the wrong approach to solving this problem. the proposed cfpa will exacerbate the weaknesses of the current system that clearly failed, restrict access it credit and make it more costly for consumer and businesses ab there's the rub. more costs to consumer and businesses. >> see that, exactly what we're saying. and the product costs more so they definitely are not-- they don't like this at all and the products that they have, these financial products are going to cost more and

that in turn gets to you and i, the consumers and you don't want that. take your time. what does everything have to be a rush. >> that's the thing, it's not at that they're good ideas? >> why the rush? they're screaming for me to get in this segment. >> and thank you, to clayton and aly and spending time alone on the couch. >> i know, this is fun. so, we have that last night. >> and human resources-- . i tried a white russian and gave it back. i took one sip, one sip. >> just drop the mic, thanks. >> there you go. >> more "fox & friends" when we come back. >> more on don't ask, don't tell.

>> we are moving ahead on don't ask, don't tell. we should not be punishing patriotic americans who step forward to ser this have country and celebrating the willingness to show such courage and selflessness on behalf of fellow citizens. >> that was president obama promising that he will end the long stamping don't ask, don't tell policy in the military. the president made the comments last night during a speech to the human rights campaign after coming under criticism recently by people in the gay community who feel the president is not living up to his campaign promises to fight for their rights. the president didn't offer a time line or specifics. >> so is the president taking on too much at once in an effort to please everyone? rick santorum is known for traditional values so we'll ask him this morning, what does he make of all of this. nice to see you. >> good morning, clayton, how are you. ail doing well. >> you heard what the president said. why should we be punishing patriotic americans who want

to stand up and fight for freedom? did you hear anything premic in the president's message last night? >> well, i mean, i would just say that this is a policy put in place by bill clinton. this was a policy that takes into consideration a lot of the problems associated with having you know, gays in the military and this is-- was a compromise that was fully support bide president clinton and democrats in congress, and has actually worked very, very well. i don't know why-- other than to appease a special interest group, i really don't know why the president wants to change it. i mean, he said the same thing last night, also, about the defense of marriage act, which was another clinton era piece of legislation that was designed to make sure that states were not forced to recognize same sex unions from other states. this was a states rights issuement again, supported by bill clinton, supported by a majority of those in congress and the interesting thing is, he hasn't done any of this yet

and i think the point is he hasn't done it because he's got bigger fish to fry right now than those two issues and he's trying to focus on health care and cap and trade and other things that are higher priority agendas for him. >> let's talk about that time line since he vowed again last night to end the don't ask, don't tell policy, how complicated is that, to repeal something? >> well, that's-- that's going to take a lot of work, it's going to take cooperation with the congress which again he's not going to want to go to congress with something this controversial, even within his own party. there are conservative and moderate democrats, who will not approve with what the president is going to do. the votes for for the health care bill. they have to get the votes for the cap and trade bill and again, he's focused on what i think he believes are higher priority issues receipt now. i don't disagree with him. and he can't go to the human rights campaign and he's going to fight for them. he's going to fight for them when the time is right, which is not right now. >> the president didn't layout

a time line and specifics last night in pennsylvania. rick santorum, always nice to see you, thanks for joining us. >> you bet. >> here is a story that you heard the first time on "fox & friends," a struggle to get his son back from the italian social services and now the italian courts are about to make a big decision on the fate of eight-year-old liam mccartie, we'll talk to them coming up. >> we have the coldest temperatures we've had across the parts of the rockies and the cold era moving east and we'll talk about that coming up. stay with us. ♪ quality and reliability...

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>> welcome back everybody. look who is in for the vacationing dave briggs.

>> what's happening, clayton? >> how about the phillies. philadelphia boy mike jarrett is here. dave briggs, because we knew he was a rockies fan we exported him. >> they should have thought about that when they put a baseball team to colorado, it's going to be snowed. >> can i set this up. let's pretend we're out to dinner. aly you and i are dating or something. >> look. >> look how you managed this when you're on a date with a lady. >> we're liberals and with our conservative friend clayton and dinner conversation, let's bring up conversations for dinner. >> an interesting point, mike. an iphone application has been rolled out in a situation like this that would help me fight my liberal friend. it's by john dean. he created this iphone application called conservative talking points. >> that's what it looks like, it's $1.99 on the app store right now. it enables me to fight back

against liberals. >> my wife and i had a future-- and talking about politics. >> i want to talk about acorn with you, mr., acorn is a much needed community organization and guess what, it helps the disenfranchised you know, disadvantaged people get houses. >> yeah, and they got rid of the bad apples. >> and you're talking acorn, let me pull up my conservative talking points iphone application and log on to acorn. here is my conservative comeback to you, this is what it says, conservative views, acorn as is huge national gang bent on dragging our countries to the socialist abyss with their main man barack hussein obama, what do you think about that. >> good thing george bush is out of office, he spent like a drunken sailor. >> let me pull it up on my handy government out of control. i have a comeback for you, mike, look, as a conservative

we were all appalled at the bush administration high spending, but it looks like chicken feed now compared to the outrageous printing of the money that the obama team is running right now. >> yeah, and listen to rick reichmuth last night and it's so cold, coldest temperatures in history or something, it's just proof there's global warming. >> there's global climate change. leadi leading scientists agree that carbon emissions, and polar ice caps are melting, clinton. >> clayton. >> a lot it drink. >> i hit the global warming change hoax, look global warming is man made, it's a ridiculous hoax that brilliantly pulled the wool over the world's eyes. this is a tremendous app, actually and 250 responses. >> 250 talking points and there's tons of responses,

everything from public education, self-defense, sexual education, smaller government. social security, on and on and on. and it's a very funny app. john dean is a conservative activist and computer consultant. >> that, my friends is acting. >> and scene. >> moving on, here are your headlines. the u.s. military is lending a hand to storm-- i should say to the storm ravaged philippines. helicopters, navy ships and trucks are headed to the hard hit areas and bringing much needed rations after the two typhoons. the storms caused heavy flooding and a string of landslides that killed more than 600 people. two people are dead and two others hurt after two small planes collide in the air in central louisiana. the f.a.a. says both of the single engine planes were carrying two people when they hit and they crashed into the woods near pineville regional airport. two occupants of one plane are

dead and the other two in the second plane are seriously injured and the cause of the crash is now under investigation. one of the most celebrated figures in hawaiian history is now a saint. pope benedict cannonized father damian and two other saints at a mass at the vatican today. and hawaiiens have been campaigning for father damian's sainthood for years. he helped lepers and eventually died of leprosy himself. those are your headlines at this hour. >> can we call out the irony of his last name? anyway, let's check with rick reichmuth. >> don't believe everything you see in the movies. >> that's true. mike and i gave a look at each other. hey, rig, what's going on in the weather? >> we've got a chilly start to the morning and some fans out here from north carolina, right? >> yes. >> your names. >> charlotte, jan. >> and pam. you're not from north carolina? >> from queens. >> queens and north carolina, that's new york city.

and take a look at your temperatures this morning, a cool start across much of the west again and the cold air is going to stick with you there and it's going to move towards the east and we are going to watch a big cooldown, the coldest so far this year and take a look at this picture, actually from aj burnett my buddy up in boston. he went out apple picking this week and very nice, what a the love people are doing this time, enjoying some fall. i'd love to get your pictures. or at you report foxnews.com. we've got the satellite radar picture and two things going on, and one more storm across the rockies and the snow in denver and across i-80 corridor in nebraska. the next pulse will move through and see the snow across the i-90 corridor, farther towards the north and parts of the east, we have that frontal boundary that brought the rain yesterday and it's now stalled and continue to bring the rain showers across much of the southeast and that's about the next three to four days.

kind of a rainy time. aly, we'll send it to you inside. >> middle aged women listen up. we're going to bust some men pause myths right now. does going into menopause make you gain weight and moody? the dreaded m word. here to separate fact from fiction are the authors of the menopause book. thanks for being here. >> right to the myths. barbara, start with you. menopause obviously means that you're old. >> actually you can, it's normal to go into menopause at any age from 40 to 58. that's a wide range and lot of women in their 40's would not consider themselves old. >> i hear youster. >> let's move on. >> menopause, pat, means that you will be depressed, you'll be moody? >> if you're one of the women whose moods fluctuate with the

future, or not sleeping because of hot flashes, your chances of better younger than at 44. >> that's good to know. menopause can relieve your migraines. >> a lot of women have migraines around their periods, when you stop having periods you won't have that more. >> here is what one we heard. menopause will make you fat and your skin look old. >> your skin is much more affected by the sun, genetics and smoking. as far as gaining weight it's going to be the hardest time in terms of losing weight. you need to walk about 15,000 steps a day and eat less just to maintain. so if you're having trouble, it's not your imagination. >> that's not a myth. >> that, unfortunately. >> all women during menopause need hormone therapy. >> most women don't take hormone therapy. only recommended if you have severe hot flashes, the kind of hot flashes that make it

impossible for to you get through your day. >> what about the bioidentical hormones touted by celebrities? >> you want to be listening to your doctor and not celebrities and if are' going to take bioeyed cals it's a real option, but stick to the f.d.a. approved ones. good to know. this one i'd never heard. menopause can bring on panic attacks, is that true? >> it's true. a lot of people who anxiety problems earlier at the time of pen pause suddenly experience panic attacks. they don't know what they are and scary and feels like a heart attack. thing to remember, you can get help and talk to your doctor, kag tiff behavioral therapy works well. >> why does it bring on panic attacks? >> we don't know. some change in our hormones that happens around that time, but as i said, it's a really scary and what can happen is it happens once and then it will happen again and women are kind of afraid to leave their house because they don't know when a panic attack is going to strike and that's why in the book we really talk about how you should get help. don't suffer without help.

>> all right, pat. pro guess-- progestero progesterone. >> once they take it there's not enough effort to protect your uterus. the stuff in the-- >> last, i've never heard this other. tell us if it's true. hot flashes can cause heart attacks? >> well, recently, doctors have discovered that there seems to be some kind of link between women who get hot flashes into their 60's and 70's and greater risk of heart attack. we used to think they're harmless, if you have hot flashes continuing way past menopause. see your vulnerability to heart attack. >> you can read more about these in the menopause book. thank you for being on to bust the myths this morning.

let's go over to clayton and mike in the green room. >> i discovered i may be going through menopause, i'm wrinkly and cranky. >> and had a hat flash. a boy being held in an or fannage after his mentally ill mother abducted him and his father is fighting to get him back next. >> there's a controversy in massachusetts. what do you think about this, breathalyzer in school schools if there's a hint they might have been drinking before school or during school. some people say it's a violation of our rights.

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>> many of you are familiar with the story of liam mccarte, a little boy abducted two and a half years ago from his new york city kindergarten class by his italian mother and taken to the italy. the courts took him away, says incredibly instead of sending liam home to his father, who you see in the video, the courts put him in an italian orphanage. this week, a judge will decide whether liam will remain in the custody of social services in italy or be given back to a family member. we invited liam's dad michael here today, but he declined saying the italian embassy had

asked him not to speak to the media while this decision is being made. instead, we have fred tc, a civil trial attorney with us and a member of italy's parliament. gentlemen, thank you so much for being here. fred, you know this case well. >> i do. >> this week, a decision will be made in the italian courts, what are we expecting? >> correct, we are. the judges expect today rule on what's going to happen with liam. will he stay in social services, will he go into the custody of an orphanage, given back to his mother and grandparents and lately within the last week, his uncle popped up and said i want liam even though he apparently has no relationship with the mother. >> why did you mention his father in that litany of possibilities? >> unfortunately, even though technically the court could award michael custody, he has a better chance of going to the moon unless someone steps in and helps him. >> it's such a pleasure to have you here, you're on italy as parl the. what happened in the year that liam has been in the custody of social services.

in italy. his condition seems to have deteriorated. in fact, we have a report here from the u.s. embassy in rome of their latest visit with liam. they appointed a guardian to visit liam. let me read you an excerpt from what they said. this was just in september. the visit was a difficult one from the start as liam initially refused to come out of his bedroom, refusing to see or talk to visitors, he was persuade today open the door by his guardian, liam was extremely upset and cried throughout the half hour visit. why don't italian authorities recognize that the child would be better back here at home with his father where he can get the help that he needs? >> well, you've got to understand italian laws. the mother is a dual citizen like i am and she has a full right as an italian citizen to maintain the son in italy, but due to the condition that the judge will decide in the father's case to bring the son back here to the states.

that's up to the judge because italian law is what it is and say again, the mother is an italian citizen and every right, but based on what you said that they say she's unstable, that's up to the judge to make that decision. my role as an eye member of the italian parliament, i can facilitate some visits and make sure she has the proper representation. >> speaking of the mother, fred, as you know, she was deemed mentally unfit. >> she was. >> and unstable by the italian courts and liam taken away from her and she is wanted here in the u.s. by the fbi and the interpol for abducting liam in the first place, but yet, the court may give liam back to her this week? >> they may, now what? they've had this child for two years, italian social services had him for two years, this fact is beyond dispute. he was a happy and well adjusted boy, why not give him back to his father.

he'll lift the travel restrictions and help get the warrant undone. give italian social services-- >> i'm sorry, u.s. social services and a father to give back an opportunity for his son. he's got to come back now, ka peesh. he's got to act. >> we're italian americans, surely, italians are big hearted enough to recognize that the father must play a role if his son's life. is there any possibility that you as a member of parliament could do something to help liam be reunited with his father back at home? >> my role as i said earlier, what i can do to help to facilitate, and the right, proper representation from an attorney in italy. what i can do is make a plea on behalf of the father and the child. >> and will you do that this week. >> that would be my pleasure. i'll be back to rome tuesday and personally make that appeal. >> thank you. i know that would be very

comforting to michael mccarty. please tell us know what happens with liam in italy. thank you for coming up on with the update. >> thank you very much. >> still on "fox & friends," separating fact from fiction when it comes to the swine flu. stick around mr. brardy. we're not doing yet. what you can do to protect yourself and your kids straight ahead. wow, is this... fiber one honey clusters? yes. but it can't have... can't have about half a day's worth of fiber? i assure you it does. i can only taste... only taste the crunchy clusters, honey, and brown sugar. no madam, i don't have esp. (announcer) fiber one. cardboard no. delicious yes.

>> welcome back. students in massachusetts may soon be subject to random breathalyzer tests during the school day at school and while many see it as a smart move to crack down on underage drinking, others are outraged and say it's invasion of privacy. for a fair and balanced debate i'm joined by an advocate of the test.

her daughter taylor died after wandering away from an underage drinking party. and kathy, first off, i'm sorry for your loss. kathy, explain to us, what these breathalyzer tests, exactly how would it work. who would be administered to? would we have to see or smell alcohol or see some stumbling by a student before we give them the test? >> yes, it's not something that they're just going to randomly grabbing every 10th child to do. it's something there's a suspicious that they have the need to do. >> why do you think it's a good idea, kathy. >> my daughter, to give a perfect example, as i say i'm only an expert here as a mom. by no means an expert in this field, but with taylor's circumstance she was at the homecoming game last year, a week from this sunday and she had been obviously drunk at that football game and spoke to teachers, spoke to assistant principals and in her case, nobody did anything, maybe they didn't do anything because they didn't have the capabilities to be able to

prove it at that point and they live with that every day, so, i feel it's something that you know-- you wish they would have given her a breathalyzer test. >> absolutely. >> i wish they could have given her the breathalyzer test and i'm sure when they wake up in the morning they wish they had that. >> jennifer, you know, sound like a pretty good idea we'll know for sure if somebody is drunk or not. >> a little bit of false hope here. we need to identify the children who are drinking in school. who are drinking at after school activities through education and through counseling, doing random tests or tests under suspicion is giving false hope here is here is why. >> we need to target these teens when they're leaving the house, parents need to be educated. the kids need to be educated. i fear that the kids are going to act up even more where there's a will there's a way. if they're trying to get drunk at school. instead of drunk they'll get high. a substance more harmful to them.

i think this is putting a really band, a bandaid on the system and not doing justice to the children or the parents. >> do you think just because there would be a breathalyzer, a possibility of a breathalyzer test that would drive them to drugs, why do you think that? >> because obviously, the kids know that they could have the possibility of being tested for alcohol in their breath. if they are really trying to intoxicate themselves during school hours or during activities, they will still find a way to get around that system. teens are smart and they can outwitt the best of the adults. what's going to happen next. >> sorry, jennifer. kathy, what do you think. >> that's okay. >> the fact that she said that something would be worse than alcohol, if alcohol was tested these days it would be considered an illegal substantial. it is an illegal substance with students drinking, obviously, under 21, there's a limit for a reason. i don't believe that students would pick up drugs over alcohol if that was their

choice to begin with. >> that's not true. and they're looking in their parents cabinets and looking in parents medicine chest, they're taking marijuana could be doing ecstacy, a host of things that kids can consume in order to reach that high and mask their breath, mask the alcohol in their r breath. >> kathy, take it up a notch then. if we are going to believe jennifer's statement and point of view, how about drug testing along with a breathalyzer test. >> absolutely. i mean, anything that you can do to keep your kids safe is what we have to do and if they have something in their hands that they know that they can test that something is happening, it's a risk that you take not being able to clarify it and i just don't understand how-- >> we can't fill the society. >> jen, go ahead. >> we already have big brother, we already have big brother enough. we cannot build a society of teens who are trying to teach to be responsible and respectful and at every turn give them urinalysis, a blood

test, breathalyzer test. this is ridiculous, at some point in time, parents must take, with all due respect, i feel for you, we have to build our society to be strong and not base it on tests. >> jennifer, thank you, and kathy thank you for being with us and again, sorry about taylor, clayton. >> thank you very much. >> thanks, mike, coming up on the show, president obama sounds pretty confident about passing health care reform, but he still may have some reasons to be concerned. we're going to take a closer look at that coming up. plus, jon and kate are headed back to court next week, the latest details and lessons you can learn from their nasty divorce. look at this. look who is in our green room. los lonely boys are here and we'll listen to great music from their new album coming up. quality and reliability...

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smell badly. what? a look at the list of the top airline passengers that you never want sitting next to you. our slogan this morning is courtesy of bill from georgetown. they didn't win the nobel prize, but "fox & friends" will make you wise. we well. ♪ note fox and friends ♪ . >> hi, guys. i could pin a nobel peace prize. >> for what? >> for being awesome. >> just for my potential, there's potential in the next two hours. >> mike jerrick in for dave briggs, dave enjoying some time off. i want to apologize, i thought los lonely boys were in the green room. >> it was a member of the italian parliament. >> the loud italians. >> no other kind. >> and they're going to be performing for us. they're coming up and the grammy award winners and they're here and people are

twit erring and tweeting and very excited. >> why are they lonely? >> you haven't been in their lives for a while. we are going to have to ask them that. we have a segment for you to make extra money. who doesn't need more dough re, mi? how to turn dough into dough. don't potato-- >> no, yonki. there are 600 different pasta shapes? >> no. >> we'll explain that love that. the big news last night. president obama making quite a, but big waves last night with his speech down there in philadelphia in revealing a movement on gay rights that wowed a lot of people. take a listen to what he revealed to this crowd in philadelphia. >> we should not be punishing patriotic americans who have stepped forward to serve this country. we should be separating their willingness to show such

courage and selflessness on behalf of their fellow citizens especially when we're fighting two wars. >> that was a group of 3000 gay and lesbian supporters. >> of the largest called human rights campaignment he was basically making good on campaign promises because he had promised when he was running for president to extend the rights of gay and lesbian americans, so, they have been saying, excuse me, hi, it's my month in your term. when are you going to do something for us? so, last night, he vowed that he was going to quickly end don't ask, don't tell and didn't give a time frame. >> a timetable. everybody wants to move to the front of the line when it comes to the president. please take care of my stuff first. i didn't realize that 619 people were discharged from the service last year because of don't ask, don't tell. >> because they were discovered. >> apparently they told or, yeah, and so, one third of them were women. >> that was the most shocking statistics of all. >> one third women and only 15% of the service people

around america are female. >> and he also pointed out that some conservatives have attacked some of his appointees, that he has put into political appointees and he vowed last night, he went on to say, look, if any of my nominees are attacked, quoting now. not for what they believe, but because of who they are, i will not waiver in my support, drawing large applause. of course the ending of the "don't ask, don't tell" policy draw the most sanding. >> people were muttering, just do it. >> 50 protesters holding signs what, about action we can believe in. waiting for nine months as you pointed out. >> there was action, the hate crime legislation went into the house and had something to do with that. >> the critics. president say so much he's trying to get done. why add another thing to go through congress when they're dealing with the health care bill, afghanistan, iraq, is

this the right time? we'll debate that more later on in the show. let me tell you what your headlines are. because we have a fox news alert. u.s. and afghan forces stormed a compound in eastern afghanistan used by an al-qaeda commander, more than a dozen militants have been killed in the raid. and this, as president obama is deciding whether to send in more troops and hillary clinton has tough words for iran. the secretary of state said the world won't wait forever for iran to come clean about its nuclear program and clinton met with british prime minister gordon brown and former british prime minister, and today is off to dublin later this morning. new details on those mysterious deaths at an arizona resort in a sweat lodge. a new york woman who died after being overcome during a quote, spiritual cleansing ceremony, is being described as someone in, quote, top

shape. 38-year-old kirby brown was also said to be an avid surfer and hiker, this as one person is in critical condition this morning. an investigation into just what happened is underway. and the man called the first clown in space is safely back on earth. cirque de solel founder, guy, and two professional astronauts landed safely in kazakhstan. he wore his trademark red nose during the 12-day trip was rushed to the medical tent, but he's said to be readjusting to earth. >> he landed in kazakhstan and when he arrived. it was great. borat showed up and welcomed him and said welcome back. >> he's a very funny guy. >> and now what this is. >> it's a search engine for travelling. and they have a new survey out, the pass injuries you least want it sit next to. you ever sit in a terminal and

see somebody and hear somebody, i just bet that person is next to me. somebody that smells or maybe the baby is wailing. i bet the baby a next to me or behind me. >> lo and behold, they are. >> the most disliked people that mike jerrick would not want to sit next to, sorry, spit on you-- number one on the less, people who smell. >> number one? >> coughers and sneezers, i don't like being snotted on. seat kickers, annoying. what do you do with a seat kicker. i give them this. camera one all you can do, you do this-- (laughter) >> but are there real kickers or kids. >>, but i leer at the both the-- you have to do it, leer at both the child and then the mom and make sure she's aware or the father that this kid--

>> how about people who swear? that drives me nuts, too, drives me nuts anywhere where people are using like the f-bombs, baby games. >> that's nice. and the next one i actually do all the time. and didn't know people were bothering so much. you recline your seat. how else to take a nap. you can't take a nap upright so do you this. so you have to recline all the way back. i thought they had enough leg room. apparently not. >> when people get in the plane and before you put on your seat belt and luggage up and automatically and do that already before they take off. >> yeah. >> you have to wait a little while. >> i do look around before i lean all the way back. >> do you? i don't i hit that button. >> and was that on the list? >> i heard-- what? >> no, chris. >> that's under smelly people. >> and that falls under the smelly category, my goodness. >> and also on the list, the larger, real chubby people, that was on there, too, leave those people alone.

>> just the sneezers. >> rick, do you have a problem? were any of your gripes on the list. >> i went to the movies and saw a movie, a theme about tuberculosis. >> uplifting. >> very happy and upbeat. there were two people i swear were coughing up lungs, a productive cough, i thought don't go-- in the days of the h1n1 don't be going to the movies especially about tuberculosis. hey, swine flu, movie, you want to go. >> my favorite topics. >> the radar picture, not a whole lot going on, two stories we're watching one is snow falling again today across parts of the plains and this is what we'll see three to six inches across parts of the panhandle of nebraska and south dakota, this afternoon and tonight and at least the start of tomorrow morning, back in towards wyoming as well and then we are going to turn our attention across the west. a big tropical storm, a

typhoon that hit japan, earlier this week and made its way across the atlantic-- the pacific, excuse me not as a typhoon anymore, but that moisture is going to make its way towards california. this is going to start kind of tomorrow evening into the day on tuesday, wednesday, and thursday, and a lot of areas seeing maybe four to five inches of rain and almost the entire state at least in the north of l.a. seeing about one to two inches of rain and that's great news. fire season we're kind of potentially at the max up. with the santa ana winds and that's gone at least across northern california by all the rain. so we're thankful for that. the other story we're watching, cold temps across parts of the northern rockies and 46 in denver today and you're going to get that baseball game in and tomorrow, a few more degrees and remaining cold there. and that's moving to the east and chilly, especially tonight across parts of the northeast as well. thank you, rick. >> coming up here on the big show, president obama sounding as optimistic as ever about the future of health care

reform. and seems to be choosing his words carefully. is he trying to change the deba debate? and dana perino and combs is here. >> and los lonely boys. all morning long and they'll update you with a new song from the album. >> ♪ ♪ how far is heaven

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>> >> what's remarkable is not that we've had a spirited debate about health insurance reform, but the unprecedented concensus that has come together behind it. this concensus encompasses everyone from doctors and nurses to hospitals and drug manufacturers. . >> president obama making new comments about this weekend about health care reform. trying to convince the american people that the tide is turning in his favor, but was everything he said

accurate? joining me now are dana perino former press secretary to president george w. bush and also radio talk show host, alan cohen, both are fox news contributors. >> how you doing? >> let's start with dana. democrats keep saying one of the big excuses the g.o.p. hasn't put forward any new ideas on this and the president seems to be hinting that everyone has a concensus, this is going to get through and everyone is on board with this. is that true? >> i don't think that-- i think it's a little premature to say that. a little like they're building a field of dreams and they believe if they built it they will come. i don't think that's true in real life especially when it comes to health care reform and in addition to that. i don't know a single republican who isn't for reform and who hasn't put forward the concensus of ideas that actually could get passed on letting people take their health care from job to job, making sure we can sell insurance across state lines and preexisting companies are in the a barrier to getting coverage. >> alan, the president seemed

to be hinting there's mass concensus and everyone is on board with this. >> who is everyone? >> not everyone, but a number of quotes pointing out people on board and a number of people they didn't point out and governor schwarzenegger saying it's unaffordable for states. >> we found the cbo numbers check out on the baucus plan and save money over ten years and look, you have bob dole i interviewed a couple of days ago on the radio show says we've got to do it and bill frist in the last week, he's also a physician, it seems like the people who have left the senate and elected politics are speaking more freely and openly about the real need to do this. and in fact, the poll just out said not having reform is hurting the g.o.p. so, i don't know what the debate is. >> you said you talked to bill frist and said he would vote for it and now he's saying he is he wouldn't vote for any of them. >> he says there are some he would vote for. he wasn't specific. we need reform and we're debating this.

don't know which it's going to go. there are those on the right who don't want this and-- >> on the alan's point can the president come out and say we don't know what the bill looks looks. >> come along with me and he believes it will materialize. one of the things that is very important if you look at bob dole, senator frist, governor schwarzenegger, and tommy thompson, you have to look at their full quotes in context and also, i don't-- alan, i think it's unfair to say that the republicans don't have any plans because they've put them out there. >> where. >> and i think that the democrats actually just say that the republicans don't have a plan because they don't actually want to debate the good plans they've put forward. >> we we be talking about this were obama not elected president and democratic senate. if this wouldn't be a push-- >> alan. >> let me finish, please,

please, let me finish. >> you said we never-- >> elect add new president and overwhelming democratic majority this would not be on the table. >> i absolutely disagree. >> and where was it for eight years? >> well, alan, you simply don't pay attention. >> oh, i guess thank you for informing me. >> an entire reform package-- look at the medicare prescription drug benefits that most seniors now take advantage of. we use market forces, it costs a lot less than anybody-- >> that's not reform. we're talking much more comprehensive reform. nowhere for eight years. >> america doesn't want comprehensive health care reform and certainly wasn't the reason that president obama was elected. >> one of them. >> the thing that president obama savagely attacked senator mccain for are things he's defending as a portion of his bill the g.o.p. idea. >> and one of the things the president is defending is a health care plan. here is a picture of his own doctor on "fox & friends" before and his doctor says he doesn't support this although

the president says nurses and doctors across the country, american medical association all on board. >> i'm glad you can find one doctor you don't agree with. >> alan, simply not believable. >> the poll i mentioned are hurting the g.o.p. the if you keep going the way you keep going frjtsdz i'm glad you feel that way. go ahead and keep doing that and electing democrats, that's what's going to happen. >> well, we are going to-- >> i hope we continue to have this conversation in 2010 because i guarantee it will be a very different conversation. >> it will be, we will have reform by then. >> we are going to continue a separate discussion between the two of you, and go to your corners. and the commander-in-chief vowing to end the "don't ask, don't tell" policy and is it time to issue th-- is it time to attack this issue? we'll be right back. %%%%%

>> welcome back here to the big show. president obama tackling a tough issue during his speech to the human rights campaign. he's promising to end don't ask don't tell, but will he be able to follow through on that promise. we're back with dana perino and alan colmes. welcome back. alan, start with you, a number of protesters outside the hall, 50 protesters holding up signs, gay rights supporters saying we want action. was this lip service last night or is the president actually going to move forward? >> i don't think he can't not move forward. he has to move forward. he had the right tone and said the right things, but he has-- where is the action? he said i'm with you in this fight, but now he's got to show that by actual action and hasn't done that. >> it looks like lip service and we'll see. he offered up no timetable. dana, i want it play the sound bite for you, where he talked about ending don't ask don't

tell and got a rousing applause and standing ovation and pointed out patriotism, take a listen. >> we should not be punishing patriotic americans who stepped forward to serve this country, we should be be celebrating their willingness to show such courage and selflessness on behalf of fellow citizens. especially when we're fighting two wars. >> and he brings up an interesting point, dana, we're fighting two wars and many critics said, look, aren't all americans, don't all americans have the right to fight for their freedom? was there anything wrong with the president's message last night? >> i don't-- i don't think so, i think that the military is already thinking about how to handle this and this is a policy that was put in place by president clinton and the military has wrestled with it since then. i can understand why the people in the hall were disappointed that they feel they haven't had the action they require and especially when you're talking about these two wars, in particular you look at issues like we need really good linguists and i know somebody who was asked to leave the military because she was openly gay and she was

a great linguist and we really needed her for our country. i don't know if there's a middle ground here. i don't second guess the military they're going to have to come to terms with tn a president obama as command ner chief can play a role in that and's going to have to decide when is the right time to do it. and the political consequences of not acting quickly enough in order to respond to the crowd last night. >> alan, you know one of the things for president clinton was the pentagon and now he has the support, president obama does, of secretary gate and also of mike mullen. what is holding this back. >> i don't know what's holding him back. maybe too cautious, i think sometimes he's too cautious because president clinton acted too quickly upon being president for don't ask don't tell. >> maybe the president might have too much on his plate and maybe something we don't need to focus on with health care

reform and two wars being fought? >> he certainly does have a lot on his plate, but every president has a lot on their plates, so it's a matter of priorities. >> a matter of priorities, lighting it up. and alan, when does your radio show air. >> one to ten o'clock at night, alan colmes radio.com and hear it there and about a hundred radio, armed forces radio and xm sirius radio. >> you're a trooper for coming in this earlier. dana, thank you for coming on. >> you're welcome. >> still ahead on "fox & friends," everything you need to know to protect yourself and your kids against swine flu just ahead and rick reichmuth is celebrating national pasta month. every time we have a drinking segment, a food segment. we recruit you. >> pretty soon a fat belly segment and it makes sense. hey, it's national pasta month and take a look, we've got the pastas, nice folks from ray seeny's from newark here,

mushrooms, that's fall, mushrooms. >> absolutely. >> stay with us, we will be right back.

>> welcome back everybody. here is your shot of the morning. check out how the talented beluga whales, well, they play in a japanese aquarium and they blow bubbles. >> look at that. >> are you sure they're not belching. >> no, they're blowing bubbles. they're sol creatursome of the smartest creatures, and roll over. >> do you know how they did that, early over. >> smoke rings, they're big smokers. >> a bad habit. >> this is what you get when i am here, mike jerrick in for dave briggs.

>> mike jerrick in national geographic. >> good morning philadelphia, hi, philly. >> a stern warning from afghanistan about the growing threat of the taliban. the country's defense minister say that thousands of foreign fighters have poured into afghanistan in recent months, giving the taliban insurgency a big boost. most fighters are believed to be from pakistan, north after can and chechnya. >> the u.s. military is helping out storm victims in the philippines. helicopters, trucks and navy boats are bringing, food, water and two typhoons caused floods and landslides killing more than 600 people. to most of the world, mildred mohammed is known as the ex-wife of the d.c. sniper. she lived in fear and months before her husband execution

she's explaining the story. what she thinks is the motive behind john allen's killing spree. >> there's evident of his dissatisfaction or anger towards what happened to him in the military that he was not successful in getting counseling or debriefed from coming back from saudi arabia. >> mohammed, along with lee boyd malvo shot and killed ten people during a killing spree that lasted three weeks. pennsylvania senator arlen specter hoping to conjure up a little magic. he appeared with magic johnson after the two had a chance encounter at university of pennsylvania campus. >> which one is magic johnson. >> i think he's on the right. >> the republican turned democrat may need some magic if he intends to stay in, he's in a virtual dead heat with pat toomey. >> i'm in for dave for sports. >> i thought i i was in. >> just at this minute i'm playing the role of dave

reading sports. huge game in college football, number one taking on lsu last night. 8 p.m. eastern time and tim tebow back for the gators. are' about to see the only touchdown of the game. florida wins in baton rouge, 13-3. big comeback for him after the big concussion. baseball, where the dodgers are back in the nlcs for the second straight year and this after a sweep of the st. louis cardina cardinals. ramirez two hits, two rbi's. the question, who will the dodgers face next? >> the phillies. either my philadelphia phillies or dave briggs favorite team of the week, colorado rockies. game three between the phillies and rockies pos ponied due to snow. rick says snow will be light

and others teams are pittsburgh steelers, los angeles lakers and new w nba champs the phoenix mercury, any team that's currently winning is dave's pick. >> he's a front runner. >> that's the best part about dave not being here, he can't defend himself. >> he's away and cannot defend. rick has a look at the weather. >> not only the weather, but football picks and look at the graphic that we've got here. alisyn, you're in fuego. you're in the lead. >> woo hoo! >> i've got a special guest with us, we've got ringo from los lonely boys and he's going to do the football picks this week. alisyn is totally kicking all of our butts so far and look what we've got going on this week. move forward. the first game going on, washington and carolina and we

picked carolina. >> i don't know, we'll see. i don't think you'll stop santana moss. we'll see. >> a little bit of doubt. indiana and tennessee. and we picked the exact one again and you're on board. >> peyton manning, a record year already. >> okay, now move out next, going out west and san francisco, it's going to be a beautiful day. enjoy this day today out because it's all about to change. rain by tomorrow evening. today 61 and sunshine and we're split on this one, two and two. what do you think, atlanta or san francisco. >> i think san francisco and matching singletary's defenses. >> nice, you're on my team here now. last game we've got is seattle, and jacksonville and we're all back on the same page again, we're all saying the-- >> i say exactly. >> and we've got one, aj, our great producer on this and got to get more competitive games here. i'm never going to get back up ahead if we're picking the exact same game.

>> we did. there's only one game that we picked different on. >> one? >> no movement this week. all right. now we're talking pasta. >> yes. >> that's what you need to know. and it's so exciting we're going to learn how to cook new delicious pasta meals from the restaurant racini's. and tony and wife are here to celebrate with us. >> over here as well. >> and so we didn't know this, it was national pasta months. what do we need to know about pasta? how are we actually going to make pasta, mike was saying, look-- where did mike go? mike walked off. over 600 different sizes and styles of pasta, is that right? >> there are many pastas and the main thing that people like the homemade pasta, why many dry pastas, but nothing like homemade pastas, we make

many, many at grissini's. what are you cooking? >> pasta with shrimp, a little spicy. and we have some ham and beef and with that we have some one mushroom and much better with-- >> these are all homemade. >> when you're eating al dente, when people say they're going to eat pasta al dente, the problem is people don't know how best to make sure that it's firm or not. what's the best way to test? >> best way to test it, salt and water and throw the pasta in and always test before draining. >> what am i looking for? >> you're looking for pasta that's firm. >> firm. >> firm. >> now, you know, my non-italian friends have a different way of testing it. they take a piece of pasta. >> throw it against the refrigerator. >> does that work? >> what happens if it doesn't

stick? >> it means it's not ready. >> and you think, all right-- you throw it against a window. >> throw it against shepard smith's window. >> and it's not ready yet. >> and got the n.y.p.d. saw that and that's a littering violation. >> it's is ready, but didn't stick, it must be dirty. >> and another thing, non-italians don't know how to twirl the pasta. take this, rick reichmuth. >> i'm a non-italian, i stick it in there and twist. >> the best way to do it. >> bring the pasta to the side of the bowl and plate as much as you like to take and turn it. >> why don't we have you do it. >> take a little bit out of here and turn it to the side of the plate and just twirl it, twirl it until you have enough and you know, you just take it. >> rick has got it.

>> my dad uses a spoon. >> oh, absolutely not. >> oh, i do that. >> that's why-- they unorthodox and why you put it in a bowl or a well of a plate. you only have a plate with a well. >> is it okay to chop it up. >> no, never chop. >> that's-- you're a professional. >> but you do as well. one of the things you have is the water boiling. some people putting in their pasta before they boil it. a no, no. >> no, the water to a rapid boil and the only time you salt the pasta when you salt the water and throw the pasta in and then test it. >> well, you can eat all of these delicious pastas and learn more about pasta month at the grissini's restaurants. >> silver avenue in inglewood cliffs, new jersey. >> minutes away from new york city. >> we're going there, baby. we are. and right after the show. >> and the bridge, right?

>> and that one piece, about a thousand dollars. >> i'm so excited. >> and coming up, we are going to be talking about jon and kate, getting nasty in the divorce. and everybody is going through a divorce can learn. we'll be back with janine pirro. bon appetite. ♪

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>> according to health officials, 37 states are battling swine flu now and that number is up from 27 just last week. and man, it's kind of getting scary here. here with what you need to know about the vaccine and the swine flu is dr. mark segal. of course, a fox news medical contributor and the author of a brand new book, swine flu, the new pandemic. how timely, doctor? >> right on time. how are you doing, mike. >> good to see you, doctor. >> okay, so the numbers of states have gone out. the vaccine should help in that regard, right, slow it down? >> absolutely. you know, it's a mild flu for the most part, but the problem is that it's affecting young people a lot and most of the severe cases are with young people, with pregnant women and 30% of those don't even have a chronic problem. we can't predict it. it's a little unpredictable. overall we've got to get that

vaccine out there to really squash it downments how is it being distributed, the vaccine? it's going out slowly. >> that's very interesting. something new this this case. the we have the centers for disease control and state health department. take it go away from the private distributors, you've got to sign up for it. a lot of paper work involved and remains to be seen how fast it's getting out there and we have the nasal for the health care workers and start to go get the injectable out there and we have to wait for the state health departments. >> many' waiting online now. >> as a physician to get the doses for my patients. >> some health care workers refusing to take it. should that be okay? >> i don't think it's okay, mike, i tell you why. you could carry it into the icu with you and give it to some poor grandma on a respirator and you should wear a sign on your head if you refuse, i'm a health care worker and i could have the swine flu and i didn't get the vaccine. >> let's protect the people we're treating. >> okay. down in philadelphia where i'm working now, they close add high school down there,

archbishop john carol high school thursday and friday because they had one case, confirmed case of swine flu and two other students maybe have it. should you close whole schools? >> mike. >> do you need to? >> i think that's an overreaction. if there's so many kid getting it that the school can't operate, you close the school. if it's spreading quickly, get the kids out of them, equity them home. parents if your kids are sick or not feeling well, keep them home. that's how you spread it if you go to school if you have it and that's where the vaccines are going to work in schools. studies in japan if we vaccinate school children we cut down on deaths. that's why we've got to do. keep the kid vaccinated and keep them home if they're sick and tamiflu if they're sick. >> i want the seasonal vaccine and swine flu vaccine and i'm going to take it. some people say a flu shot gives me the flu. >> none of the injected vaccines can give you the flu, they're dead virus, do not spread the flu, you can get

symptoms, a nasal con gegs, muscle aches around the site. >> some say it's too rushed. >> there's a bad fear mongering, took the same amount of time as the yearly flu vaccines. it's the same vaccines, but plugged in a different virus and studied in 24 clinical trials, we don't usually do it, but did it this year, this is a safe vaccine. >> is the worse part of the swine flu over? >> we've been seeing in the news how cities you had it in the spring are not getting a rebound on it. the problem is areas which didn't have it before are getting a big outbreak and it's not only not over, it looks like it's on the increase right now. really, nationwide we're seeing more and more cases of it. over a thousand hospitalizations in the past month. >> but if i'm relatively healthy and i get swine flu, i can get over it pretty easily? most of the time you're going

to get over it. if you're totally healthy. 99% of cases are mild. the problem is you could spread it to someone like a pregnant woman, a child with asthma and got to think in terms of our neighbors. the problem is there's over a thousand deaths. 10,000 hospitalizations and just in the past month alone, we've got to watch it even though it's mild for people that are at greater risk. >> i wish i could read more about it somewhere. >> twitter me on it, i'm giving you daily updates. mark segal m.d. >> do you have a book. >> swine flu, the new pandemic, see you, doctor. >> she's the american college student charged with murder in italy. the judge in the amanda knox trial making a major decision over the suspected murder weapon. details and how this can change the entire trial coming up with judge janine pirro. and los lonely boys are live. you can hear them there, continue, come on. keep watching "fox & friends." ♪ ♪ i'm gonna do what i can

♪ i love her, really need her, i want to be her superman ♪ ♪ she's my lady and i think maybe i'm gonna do what i can ♪ ♪ show her i love her, need her want to be her superman ♪ uuu

>> we have a fox news alert to tell you about. a teacher is dead and dozens of students injured after a bus crash in idaho. this is new video to us now. you're looking at new video. high school students from hue at that were returning from a band competition when the bus

swerved off the highway, crashed on its side. unbleernl. 30 other students suffered minor injuries, preliminary investigation found that the driver had a medical condition that may have caused him to lose control. alisyn. >> all right, it's time for this week's fresh start segment. how to turn what you already know into dough. laura langmeyer, financial expert and author of "put more cash in your pocket" is here. >> great toob here. you have a secret to put cash in your pocket and to tell people, this is not about saving extra money nor about skipping your lattes so that you have an extra 3.50 each day. >> exhausting. >> it's about doing what you know to make money. what does it mean. >> take what you know you've been paid to do something. if you're a teacher, be a tutor. and do more of that. if you have a second language, tons of people need a second language if you know how to

build website, if you know how to do landscape. do what you already know. a lot of people look for a different angle. doing what you know and do it fast. >> if you do that, you can usher in 500 to $1,000 each month. >> easy, easy. in fact, once you know how to do 500 or a thousand consistently make a business of it. how to work with so many people if they don't know how to get the first piece going. need money to make money. you don't, it's fast cash, people need fast cash. >> absolutely. let's talk about getting the first piece going, the first kit is don't jump at every opportunity. why not? >> because that's the problem. is that the following the shine i bit. get foe consisted. what do you know. even if you don't like it. i had a writer who come up to me, i don't want to write anymore. is it because you don't like to write or don't make money. we'll show you how to make money.

tips how to make money, be a writer. you don't need to learn anything new. >> great. >> create your 30-second talk track. >> yes. >> what's that. >> the talk track, how do you talk about it. most people because they're beginning, or even people around for them. it's all about them not what you know. how are you going to deliver something to someone else, so talk about the benefits to the other person. and it's also known as the elevator speech so it's that 30-second very quick, what am i going to do to help you. so using the writer as an example. how is your writing going to benefit you, give you a newsletter once a month or whatever the thing is, be a blog, website, writer, copy. what you're doing for someone else, not about you. i'm doing-- that's not a talk talk. >> and practice that 30 seconds. >> get in front of a camera and most people oh, my gosh, that's what i look like. >> that's great. and third tip, know who knows what you don't know. >> yes. >> what? >> so, i know. i think what happens when you be a writer, writer, tutor,

you think you have to know everything. you don't need to know everything. in effect, that's why the business isn't moving. get someone else to do it. if you don't know anything about accounting or quick books or that dime. get your counting done by somebody, if you're not good at it. then hire it. you know, or partner in the beginning, so, you know, you have a lot of money to do it. and you work together to get it done. but a big mistake, alisyn, so many people think they're going to learn it all and go. it's too long and it takes months to do that. and start before you know everything. >> get started. >> here is a key one. you can make money with no money. >> yes. >> how? >> because with your talk track, your mouth, your brochure and one little brochure, your mouth, talk, talk, talk, go into your community. most people have home based businesses and they're home and they're jamming. there's no business at home in your jammas, you've got to get out and talk, and let your community you know you're in business. >> put up or shut up. >> get to it.

action, action, action. so many people say they're going to be an entrepreneur and do something. they're to the doing it. get focused. you don't need money and get out and tell people what you do very clearly, let's go. >> make some money, ask for the money, too, women don't do that. they don't ask for the cash. don't ask for a favor. i'll tutor your son. if you're interested let me know. ask for the money, when are we going to start, how are we going to pay. let's go. >> the book is "put more cash in your pocket" great tips and people can go today. >> hi, alisyn, a few seconds ago we were meeting los lonely boys here and playing for a second and ringo handed me the shake shaker i played the shaker and i broke it. what did i do. >> i you lost your ball bearings. >> all over the studio floor. this is the one i broke. >> a million dollars. >> now he has a pepper mill. the los lonely boys are going

to be showing off the music from the album. we know and love their hits. >> heaven. ♪ ♪ i can't help, but love you so ♪ ♪ no, no, no ♪ i'm a man, yes, i am, and i can't help, but love you so ♪ ♪ no, no, no captioned by closed captioning services, inc. ♪ ♪

♪ nner een lin m..

.amp y cotrn. tyl uithin anlpu p. bee be y eeheteu . welcome to progressive. how may i help you? i'm looking for a deal on car insurance. i think i might have a coupon in here. there's an easier way. we've got the "name your price" option. you do? follow me. you tell us how much you want to pay, and we'll build you a policy that fits your budget. and i still get great coverage? uh-huh. go ahead. you're the boss. i'm the boss of savings. more like the c.e.o. oh, oh. no glass ceiling. the freedom to name your price. now, that's progressive. call or click today.

good morning, everyone. it's sunday, october 11. we have a fox news alert for you at this hour. u.s. forces go after an al-qaeda hideout in afghanistan. more than a dozen suspected terrorists are dead. new details on the raid and ha it could mean for the war in afghanistan. >> plus, a big promise from president obama. the commander in chief vow to go end the military's don't ask, don't tell policy. hear what the president had to say, coming up. >> what kind of car you drive may send the message about what type of person you are. we'll tell you what your car says about you, straight ahead. our slogan comes from mike in marquette, michigan. i watch fox and friends, to there you go, boom. >> maybe the boom helped. i still feel terrible about this. >> what happened? yeah, you broke our band's instrument.

>> i know. if they're going to tour, what are they going to do without their shaker? >> i don't know. there are little marbles in there and you lost your marbles. >> i did. this is why we ohm give -- only give you the cow bell. >> mike here. we're talking about don't ask don't tell policy and also about health care. >> one thing the health care bill isn't addressing probably affects all of us most, the universal experience that all of us have had in deal with our experience company. nobody is talking about it. but we will. what's coming up? >> president obama says he wants to end the military's long standing don't ask, don't tell policy. caroline has this story. >> he got a standing ovation last night when he said just that, this he wanted -- that he wanted to end the don't ask, don't tell policy.

>> we should not be punishing patriotic americans who have stepped forward to serve this country. we should be celebrating their willingness to show such courage and selflessness on behalf of their fellow citizen, especially when we're fighting two wars. >> but some gay activists say they're frustrated with the president because he didn't give a time line or specifics. they complain they were some of the strongest supporters during the campaign, but now they're behind his other priorities like bailouts and health care and afghanistan and climate change. so far president obama has delayed action on don't ask don't tell, saying the pentagon is reviewing the policy. he may want to skip what he saw with president clinton when one of the first things he tried to do was let openly gay serve but got push back. then the defense of marriage act, president obama says he supports repealing it, but hasn't pushed it too hard. democrats introduce add bill to do just that last month. most polls show most americans oppose same sex marriage. now back to you in new york.

>> thank you very much. here are your other headlines this hour. we start with a fox news alert. u.s. and afghan forces storm a compound in eastern afghanistan that had been used by an al-qaeda commander. more than a dozen militants have been killed in the raid. there has been a surge in violence in the region in recent weeks. this as president obama is deciding whether to send in more troops. this just in, there has been a series of deadly bombings in iraq. at least 14 people have been killed, dozens more are wounded after the attack. the area is a hot bed for insurgerients. iraqi troops took over there back in june of this year. hillary clinton has tough words for iran. while in london, the secretary of state said the world will not wait forever for iran to come clean about its nuclear program. she met with british prime minister gordon brown and foreign minister.

she's off to ireland where she's scheduled to arrive any moment now. a huge wild fire that destroyed at least five structures in southern california is now under control. the wild fires torched more than 11 square miles of brush and timber before firefighters gained the upper hand. there have been more than 7500 wild fires in california this year alone, if you can believe that. that's up from just more than 5,000 last year. now a look at today's weather. how is it looking? >> a lot better for them. this is wild season fire. one story first, and that's snow we've got going across parts of the northern rockies and the plains. then to the west, they've been dealing with fire season. very extreme because the drought is so bad across much of california. the entire state dealing with some sort of drought and 50% of the state at least in the severe drought. that's about to change. this moisture is headed right towards area of central and

northern california. it will bring a lot of rain. it will get here by tomorrow night into tuesday. by the time we get towards thursday, most of the northern two-thirds of the state are going to see at least one to three inches of rain. some areas aches to eight-inches. that will end the fire season, at least across central and northern california. southern california will be in a risk, especially towards the san diego area. any kind of rain we can get this time of year will hopefully bring an end to the fire season. other story is this cold temperatures, broke records by around 10 to 15 degrees in some cases. all time record lows at this time of years. they feel more like january. it will move toward the east. areas across the southeast expect to see fall-like temperatures and towards the northeast, we'll be dealing with overnight lows, the coldest we've seen so far this year, and daytime highs in the 40s and 50s. the cold on its way. >> thanks.

>> are you cold? >> yeah. >> jacking up the heat in here. >> jacking up to 68. >> it is a little chilly. have we come to this in america? breathizeer tests for high school students? this is an idea that will be looked into carefully in foxboro, massachusetts. yes, if a principal or teacher is talking down a hall and see has student mumbling or smells of alcohol, pull out the breathizer and give them a test randomly in the school. >> they're already doing this with dances and extracurricular activities and sporting events. that's common procedure now. but now to have this actually in a school randomly during school time is unprecedented. we had a debate earlier on the show, both sides. take a listen. >> it's not something that they're going to randomly be grabbing every tenth child to do it. it's going to be something that's a suspicion that they feel is a need. >> we need to target these teen

when is they're leaving the house. parents need to be educated, the kids need to be educated. i fear the kids will act out more, where there is will, there is a way. >> that's a good point. it makes the kids, if you know there will be a breathizer test at your dance, does it make you act sneakier. does it make you say, do drugs that can't be detected? >> it's math class, it's in the middle of the day. it's going to class and therefore, what level do you -- i guess the question is, at what point is a pus pishes -- a suspicion, just because someone is staggering around, maybe they're acting funny, how do you know they're drunk? >> that's definitely a suspicion. something stabberring around and being disruptive, they can go to the principal's office. but if it's somebody who is a bad kid or somebody who has a history, are you going to get a

breathizer test and what's the harm if you do? maybe this is what it's come to. >> i don't think i would might not as a parent if they have a breathizer test at the school. can you tell that i'm drunk right now? >> can we get a test out here? >> do we need one here? >> all right. kidding, of course. >> let's talk about this, a new study about what your car may say about you. we talked about this a little earlier on the show. we wanted you to send in some of your cars. the car you're currently driving, it's not the one you first got, 'cause some of us got hand me down cars and some bought clunkers. what does your car say about you. a new study, education level, technology smarts, wealth, determine the car you drive. >> you think about guys around my age, i'm going to get a red sports car, convertible. >> right. >> yeah. >> you know what that says?

>> that means i'm a dufus. >> porsches says you're a successful man or woman if you drive one. >> no, no. it says you're a successful man. 87% of porsche drivers are men. not women. and guess what the median income is if you buy a par issue? >> 20? >> $390,000 a year. that's your median income. moving to honda. >> honda is interesting. i was surprised. this is a car i used to have back when i lived in california. pragmatic and well educated. thank you very much. i appreciate that. i had a honda civic. >> i had a couple hondas. >> that means you have a college degree or higher, 70% of honda owners do. >> how about ged? >> like a chevy, something like that. >> chevy says you are anti-internet. apparently 45% of chevy owners do not use the internet.

isn't that hilarious? >> they're anti-internet? >> these guys drive chevies? >> what do you drive? >> ford. >> ford, what's that? >> a dodge challenger. >> i don't have a car. >> ford, 45% have college degrees. >> is that right? congratulations. >> chevy people, 35% have college degrees. let's ask allison what car do you drive? >> gosh, it's embarrassing. my husband picked it. it's an suv, of course. you know, with the kids, i have the same suv that every other person with three children on earth drives. >> mike, what do you drive? >> i don't have a car. >> what does that say? >> unpredictable. >> no. i live in big city, new york and philadelphia. so it's easier to take mass transit. >> this is what i ride every

day. this is my car. >> a rickshaw. that's how i come to work. >> it's so green. you're so environmentally conscious. >> we have to go 100 blocks, so he gets worn out. >> you're not human rights conscious, but environmentally sound. >> i give him water once in a while. >> tell us what car you drive and we'll tell what you it means to your personality. >> get them in there as soon as you can. we'll talk about it in the after the show show coming up. >> also this morning as the showdown over health care plays out on capitol hill, we'll tell you the one thing that's not been addressed in the reform plan, that's coming up straight ahead. >> and? ♪

well, hospitals and insurance companies are playing a game of chicken, apparently as our next guest puts t. we the patients are stuck in the middle. insurers are refuse to go reimburse patients for procedures and there is nothing in the reform bills that addresses that problem. >> joining us is senior vice president of avelier health, john. >> great to see you guy. >> is there dysfunction right now in the health care system that's not being addressed by any of the bills currently moving through congress? >> well, to the matter at hand, we've clearly got challenges in figuring out how to manage a pie that will be growing slower over the next couple of years and decades if we're going to control health care spending. what plays out in some markets is battles between insurance companies and hospitals and insurance companies and doctors, insurance companies, they want to make sure they've got an affordable policy for the pizza shop down the street. the hospitals want to make sure they've got enough technology

that they can treat the pizza shop down the street. this is a couple of folks trying to figure out how to make this work and some places insurers have the upper hand and some cases, the hospitals have the upper hand. and what we've really got to struggle with is how to put them both in the same economic basket so that they're a win-win possibility instead of one always sniping at the other. >> what about the battle you didn't mention, and that's between insurance companies and patients? i think it is a universal experience that all of us have had your doctor order a test, you don't want it, but you do it and you get a notice from your insurance company that says, we don't pay for that test and you embark on a yearlong battle to get reimbursed. is that addressed in the reform plan? >> i think in large measure those kind of changes are addressed in changing the way some of the insurance companies and to their credit, they've supported this, no more preexisting conditions, making sure anybody who wants insurance can get insurance.

everybody agrees on, those are all in the bills. the insurance companies support them. everybody on the hill supports them. when we get to the struggle of managing health care cost, you have two things you can control. you can either change the amount of money you pay for something, or you can do less of something. and what we all struggle with in our personal lives, not just in health care, but can i afford this and how many of these things can i afford? what we set in motion really is a private sector that freely negotiates prices and tries to manage the amount of things that are happening. the public sector, medicare, that has government set prices and doesn't do much on the volume. but either way, we're probably paying more and spending more than we need to as a country. >> everyone thinks the insurance companies, the big enemy here. but isn't the real enemy the prices and the problems with the submission process? >> well, i think the real enemy is that we all want to be healthy. that's priceless.

health care is expensive. when you put your personal health care, that's a priceless commodity, so you're willing to spend examine do anything. we've got to resolve that tension in a way between the doctor, between the patient, and yes, between who ever is paying the bill. >> john, thank you for joining us this morning. >> you're welcome. >> coming up on the show, you put your life in their hands when you fly the friendly skies. can you imagine your pilot nodding off in mid flight, taking a nap? u.s. airlines and their ruins are pushing the faa to allow nap time in the cockpit. is that really safer than sleep deprivation? we'll talk about that next.

wake up, everybody. sleeping on the job usually gets you fired, but some airlines and

their unions are pushing the federal aviation administration to allow naps mid flight to cut back on fatigue. i'm talking about the pilots napping. will this work and make it safer? >> let's ask the president of the flight safety foundation. nice to see you this morning. >> good morning. >> so what's the problem here? we hear that tired pilots are listed in by federal investigators as one of the top ten reasons we have airline crashes. what's wrong with letting these guys get a little shut eye while another pilot is manning the helm? >> actually we think it's a really good idea. what we've been promoting for a long time is the idea that this isn't the going imposition at the start of the day. you don't plan on sending the guy to work with his little rug so he can take his afternoon nap. but you do want to have a situation where when everything goes to pieces and you're out there in a late night landing, before a late night land not guilty a blizzard, if they're

really shot and tired, let the guy get a few minutes rest. >> how does this work? is this mostly on really long flights and do you take the nap in the seat, up in the cockpit? >> yeah, exactly. that's what we're talking about here. we're really talking about something that's pretty common sense and pretty simple. first of all, you don't plan on it at all. you don't count on this, so you don't start having pilots napping and still using -- instead of using hotel rooms. you send them to work rested in the first place. but if something happens that makes the day go longer, makes things tough, while you're enroute, the altitude, you have a special procedure and say, okay, i'm going to take 20 minutes off here, close my eyes. maybe even call back to the flight attendant, say check with us in ten or 15 minutes just in case there is the other guy starts to get drowsy. and you take care of it. if you admit you're going to do it, you can do that. >> you know what the problem is,

critics and faa forbids. they haven't been willing to look at this. but let's be specific here because we had a bunch of e-mails from people saying i don't want my pilot sleeping while flying. but is it really the only flying done upon takeoff and landing and most of the middle stuff is the auto pilot? >> yeah. absolutely i have to tell you that in the enroute phase of flight, at altitude, there is very little going on. and it's almost more of a problem of boredom than anything else. we're not talking about the guy getting up and sleeping in first class. we're talk being him being at his station. you're really saying, let's admit what human beings would do anyway. same device we give our teen-agers on the road. >> isn't this happening already anyway? >> yeah. absolutely. >> let's be honest. aren't they napping now? >> you know, we never forget, these pilots are the first people on the scene of an accident. so they know if they're getting

dangerously overtired, but they shouldn't have to sneak around. it's a safer procedure if you can admit you're doing it. then you can take precautions. >> interesting stuff. bill voss, president of flight safety foundation. thanks for coming in. >> british airways has done this. >> thanks. >> allison is -- >> she's awake? >> wide awake. thank you. john and kate gosselin are heading back to court. you know them, if you're getting a divorce, you're going to want to hear this next segment because there are lessons you can learn from their nasty divorce case and what not to do. first, we have a quick look at the weather. >> we have got some serious snow going on across the central part of the country. how about maybe six to eight-inches of rain in big snow out west coming up this week. we'll talk about that, coming up.

welcome back, everybody. thank you for joining us this morning. mike is in for dave, clayton. let me tell you what your headlines are at this hour because we start with a fox news alert. senator john mccain coming to the defense of former running mate sarah palin, speaking earlier this morning, mccain said that palin is still a formidable force in the republican party. he also says he has great affection for the former alaska governor. this comes just days after his campaign manager said it would be a catastrophe for republicans if palin is the party's 2012 presidential nominee. we're seeing the first pictures from that fatal bus crash in idaho. the bus was transporting a group of high school students home to utah after a band competition when it skidded off the highway and flipped onto its side.

one teacher was killed. more than a dozen students suffered serious injuries. 30 others suffered minor injuries. idaho investigators believe the driver lost control after suffering some sort of medical problem. registered nurse files a lawsuit against new york state. she's asking a judge to block a state policy requiring health care workers to get vaccinated against the swine flu. that's becoming mandatory in lots of places. tell us what else. >> the car company volkswagen has transformed a staircase in a subway station in stockholm, sweden into a giant piano. the goal? to get more people to use the stairs and have fun. these stairs, we showed you the before, these were blank. droves of people, you could have seen, were going up the escalate nonstop. so they painted them and put sensors on the stairs. >> they make noise? >> they make noise and the stairs are covered in black and white. when the sensors are connected,

they find people are using the stairs instead of the escalator and not being prompt to do do so. >> that's great. >> that's cool. just when you thought you heard everything. look at this. they're using the stairs. >> you got to check it out. i'll post a link on twitter and you can check it out. it's great to see. all these people on the escalator in droves droves and y paint them, and everyone starts using the stairs. it's psychological. >> like rick's weather. >> you would be dancing like in the movie, big. >> right. >> take a look at the weather picture. we've got very cold temperatures across parts of the west. 14 in ma zhu la. rapid city, more snow coming today. take a look at this picture. everybody enjoy this is time of year because it's fall and you want to get out and see some of the foliage. another one that comes from a.j. burnett. there we go. take a look at this. church of new england. he went apple picking and got

pictures. send me pictures and i would love to post those next week. moving forward, a lot of snow moving in across parts of -- into the plains again. toward the rockies, bringing snow, as well as the rockies in colorado and wyoming. that moves toward south dakota today. and then the tail end of the front that brought all the rain this week. it will stall out across much of the south and bring the beneficial rain in towards texas, but not as much needed rain across the southeast. that will be with us for much of this coming week. then this week, our big story is going to be out west. it's been very dry. we had a typhoon that hit japan earlier this week. some of that energy is making its way in across parts of california and very heavy rain will fall this week. some areas up to eight-inches. we'll see snow into the higher elevations and it will bringen an end to the fire season. southern california not as

lucky. i don't think they'll see as much rain. temperatures for your day today, still cold in across much of the rockies. just getting to 33 in muzzola. florida has a heat wave. 91 in tampa. record high temperatures tomorrow, that's just one spot. really all the cold air will be towards the northeast and the coldest temperatures we've seen so far this year. back to you. >> thanks, rick. >> famous reality couple jon and kate going through a nasty divorce. what can others learn from that public battle? >> the host of judge judy joins us now. she's here to weigh in on it. good morning. all rise. >> thank you. >> how are you? >> hi. >> you look fantastic. >> thank you. it's good to see you. >> okay. let's talk about this. the jon and kate plus eight.

they're going through a divorce and every week we hear more details about the court dates, what sort of seedy things jon has been up to, what things kate has been up to. jon has withdrawn over $230,000 from their joint bank account, according to her lawyer. can she get this money back? >> sure. at the end of the divorce. what happens is they're going to do a forensic account. apparently a lot of money is involved here. and the forensic accounting will tell who took what money and at the end of the day, if there is any money left, then they'll difficulty it up. here is the bottom line, people need to understand that if they are married, it doesn't mean they're going to be married forever. you should have a separate account and even where they have a divorce arbitrator as they did, who said the money was not to be removed, he allegedly removes it anyway. this is a lesson to anybody out there, you should have your own money, you should have it in a separate account because if it's in a joint account, either person owns it. >> how is that allowed? how can you walk up to the bank

and withdraw $230,000? shouldn't it be frozen, their joint account? >> no, because it's in their name. as long as it's a joint account, it's your money or his money, whoever gets their first gets it. at the end, then it's divided up. what you've got here are two people who rose to fame based on nothing other than the fact that they had eight children and they are acting like amateurs in this. what they need to do is stop attacking each other, stop -- he's saying she's taking the money before the divorce. >> that she took $100,000 out of that same joint account. >> right. what you have are a lot of accusations. he's saying my children shouldn't be used in a reality show, but oh, boy the way, i'm going to bring entertainment tonight to their birthday party and pocket some cash there. it's ridiculous. what they need to do is chill out and what a judge will ultimately do is say, i don't think these kids should be in a reality show. >> when is the ruling? tuesday? >> tuesday they'll start discussions as it relates to the money. but ultimately as to whether or not the kids should be doing television based upon his

claims, a judge will decide that in the next three or four months. >> one of the questions is, where is he getting other money? apparently it's alleged he's getting money from other sources. we don't know where. but this money is coming from other places. what can other couples going through a similar divorce proceeding learn from this? is it something their lawyer can look into and gather or keep this hidden? >> he's going to try to keep it hidden. i don't think jon will be able to keep anything hidden. if he's getting money for photographs or being out with a girl and saying, give me 10, $50,000 whatever, he might get it. but most people can't afford an accountant to come in and analyze all the moneys coming in. these two, because they're so high profile, i don't think they'll get away with a lot. people need to understand is they need a nest egg for themselves in the event it goes south. >> marriages do not always go south. >> but when they do, it's about that. here is the problem, when you are married, you can have your

slush fund on the side attention, but of course, most of your assets are joint assets. you can't start -- >> do you have a slush fund? >> you have to. >> is it in an offshore account? >> do you have a swiss bank account? >> no. >> but most of your assets together. when are you supposed to start protecting that joint account? >> one person usually knows before the other that the divorce is coming and they'll try to take the money. even before that, there is an award saying don't touch the money. she says she can't pay the bills. shame on their lawyers for not getting the money put in escrow or get someone who is going to be paying the bills because these two are out of control and they're stealing from each other, which apparently is legal because it belongs to both of them. >> i know you're a judge, have

you noticed jon is losing a lot of hair. >> he is. he looks stressed. he's out partying too much. >> he really is. didn't the show buy his her -- hair plugs for him? >> and she had a tummy tuck. >> there is a lot to say about that. >> i think she's kind of cute. >> you do? >> i kind of do. well. >> there is also a slush fund. >> there are new developments in the knox murder trial, the american exchange student accused in the death of her british roommate. now after 20 months behind bars, her fate could be decided. details coming up next. >> just returned from iraq where they performed for our troops. los lonely boys are here. >> you hide money from your husband? ♪ ♪

the amanda knox defense hit a snag after the defense's request to run more tests on key evidence was shot down. should amanda knox start thinking beyond the verdict and looking into an appeal? >> what do you think? >> not good news for her. there is a knife that has amanda knox's dna on the handle, the victim's blood on the blade, and you've got her boyfriend, his dna is on her -- the victim's vertebra strap. in addition -- bra strap. you have her saying she wasn't there and then there. you have a foot print in blood blood that they believe is her boyfriend's and you've got her not only lying, but you've got her acting inappropriately where she's doing hand stands and cart wheels at the police department. it was apparently a drug-fueled

sex game and the poor victim in this case was literally almost crushed to the ground and stabbed. the defense is saying, look, this knife, we want to have it examined again for dna and the jury, which is kind of interesting, come priced of six or eight people, said no. she's poised for an appeal based upon the denial of that additional review. in other words, if she's convicted, one of the grounds for appeal will be, look, the jury played too much or relied too much on the dna of the prosecution. we wanted to do our own analysis. we weren't allowed to do it and, therefore, this case should be reversed. we should get a new trial and be able to do our own examination of that knife. >> there is a flip side and that is the drug-fueled sex game that you referred to is how she's being depicted in the italian press. but some americans think she's being railroaded. it may not be easy to get a fair trial with a somewhat whacky italian court system. >> i don't know how whacky the

system is, but i know she is despised over there, based upon the fact, based upon her behavior and the dna, her statement, her lying. a lot of this she's brought on herself. and remember, this is all complicated by the fact that the third person, an ivory coast immigrant, has already been convicted of actually having sex with her during this fueled event with the victim, and he's now appealing in the italian system. when he appeal, he will take the stand. the issue and the appeal will take place before the verdict is decided. he may implicate amanda knox and her boyfriend. not a good scenario for this student. >> if you were her attorney, is there some point you give up and then you're better off at sentencing? >> i think all trial attorneys, and i've tried many cases. what you hope is that if you're a defense attorney and i've never been, is that there is one

juror who will take some kind of sympathy on her and say, this poor girl didn't speak the language or she was really scared and the police beat her down, which is what she's saying, the police beat her down. everything about this woman suggests that she's anything but an innocent kind of soft, shy, retiring type. and i think the evidence is all there. they will decide this case right before christmas and the italian justice system, you call is whacky, they take the summer off. you're in the middle of a murder trial, we're going to the beach for the summer. >> the bottom line here is that meredith, the victim, was alive when the night began. she was murdered by the next morning and there were only three people in the house. i don't know how amanda knox could be found not guilty. >> in addition to that, they've got her implicating a guy who is a bar tender who was absolutely not there. i think that he's going to be suing her. she's lied, she's changed her stories. there is a bloody foot print --

>> let me ask you this -- >> she heard the screams, but she thought she was dreaming. >> had she said from the beginning, you know what, i was high on drugs. the night is a blur. i feel horrible about what happened. this is a tragedy. would she be sitting in a better position? >> without a doubt because it's all about your mental state. it's all about whether or not did you intentionally try to kill this woman and apparently she was stabbed and almost decapitated. it was a very vicious, vicious homicide. if she had said, you know what, i was drunk or drugged and i didn't have the intent to kill her, then it's manns. it's not -- manns, it's not murder. >> is it too late for her to go that route? >> yes. i think some italians have her dead to right, they're not going to let her go. >> there are two judges on the jury. it's kind of interesting. >> very different. >> good to see you. >> always good to see you. >> judge shapiro, thanks for coming in. los lonely boys are here.

we have a special performance. ♪ manns manslaughter ♪ xxxxxxxxxxxxxxxu

welcome back, everyone.

we have a fox news alert. pakistan says a long planned operation against militants in its troubled south region was imminent after an attack on the army headquarters near the capital. the government says members of the tack standee taliban and al-qaeda were suspected of being behind saturday's attack. pakinstani commandos stormed an office building on sunday and rescued 39 people taken hostage by suspected taliban militants after the attack on the army's headquarters. on a lighter note -- >> thank you. we've been lucky enough to be listening to the soulful sounds of los lonely boys and they are here in our studio. nice to see you. >> thank you. >> you were doing -- i was jumping in with the band to keep up with you. you were doing a little fox news anchor impression. you want to give it to us again? >> coming to you live from fox news weather, coming at you with

los lonely boys. >> that's how we all talk here. >> i didn't want to add that much to it. >> you have been performing all morning. we appreciate it. i want to apologize again. i dropped your shaker earlier. spilled it all over the floor. >> we fixed it. >> he signed it. >> don't drop me. you just got back from iraq. this is a great story. you were over there performing for the troops in kuwait and iraq. what was that like for you guys? >> beautiful. >> life changing. >> it's an experience, you see the men and women of united states much america doing what they do and being here in america, you think you have an idea of what's going on over there. but when you go over there, it's a whole new world. >> your cousin was wounded over there as well. right? >> my cousin was on the front lines in -- got blown up and broke his neck and stuff. but he's still kicking. >> you were there to perform. >> it made us realize how much -- how grateful we are for the united states of america

because being over there in that land and living a couple of days we had to live with the men and women of the military. >> it sucks. >> it opened up our eyes a lot. >> it was hot. >> it was also hot. you were recently in dallas for the kickoff of the new cowboys stadium down there. >> go cowboys! >> a billion dollars stadium. and there is the dallas cheerleaders. that must have been fun. >> yeah! >> that must have been tough. >> it was a rough day right there. standing this with all those beautiful dallas cowboy cheerleaders. >> 1969, you have gone back to 1969 and looked at some of the big hits and you decided to do covers of that. >> we got a couple of tunes, we got a connection with. we all came together and said, this is what we're going to do. >> you're performing tonight in new york city and you'll play right now. you have a beatles tune.

>> thank you. ♪ she came in through the bathroom window. ♪ now ♪

♪ ♪ ♪ [ applause ] >> we will be right back on fox

and more in the after the show show when we come right back.

back here with los lonely boys. that was a great rendition of the beatles tune. >> thank you very much. >> why don't you introduce yourself. >> henry garza. >> joe joe, the middle. >> ringo. >> your parents did somet