financed the obama campaign? greta is next. hill -- i'll hit new the head. >> that's violence. >> greta: the number is going up that is the wrong direction that is bad news. if you don't trust the government, guess what? you've got company. new poll by pew research center finds 76% of americans do not trust the government. you can see the trend is lousy. distrust at one of its highest levels in the past 50s -- 50 years. dane -- dana perino joins us live that is one lousy number, what do you think? >> interesting 80% of the american people said they didn't trust the government. made me think what do the other 20% know that the rest of us don't know? not a good number. has lots of consequences politically. it also talks about where

things are going in terms of the institutions in america. not just government people are upset with. it is a collective anxiety. i think it has a lot to do with the economy. future concerns about our competitiveness and so on. it is not a good number. if you are running for office now you are probably concerned about november. >> greta: here's another number that i think is stunning and the question whether the government has a negative effect on people's day-to-day lives? in october of '97 i think you have to look at other numbers to understand. in october of '97, 31% had a negative -- said the government had a negative effect on their day-to-day lives. that number has risen to 43%. that reinforced that earlier figure of some of the growing dissatisfaction and distrust and unhappiness. >> it would be interesting for us to go back and look at trends since the founding of our country. this is a little about what we

are about. in our democracy, which is a participatory sport, everybody gets to have a say. and every once in a while there's a trend where you see people wanting government to pull back. that's what our point was initially when we founded our country people want government out of their business. they want to make sure they can provide for their children. and their children can have a more successful lifestyle than they had. i think the roots have been building for years but it ebbs and flows. increased government spending and deficits this year alone higher than the last four years of the bush administration combined has people on edge. >> greta: according to another poll presented is that 45% of the american people have a negative view of the obama administration. now, 57% have a negative view of the media.

69% have a negative view of banks and financial institutions. the obama administration does a heck of a lot better than the news media and banking. >> right. congress is probably somewhere way down there one of its lowe's points in its history. -- lowest points in its history. people have lost faith in institutions of the church if you look at recently the catholic church. not everybody but the scandals that build up in sports and government and in the church and in hollywood. it all adds up to the feeling that no one is listening to me you have this tea party movement so miss understood. very much written about. everybody talking about how angry everybody is. i think there is a collective anxiety. but it is not just right wing partisans. some of the commentary today on the left in a "washington post" column today, reading it you think that it all just started because of

talk radio, that is is not true. >> greta: i always thought president reagan was a republican -- either a republican or democrat he was an optimistic guy and had the sense he was -- he made you feel good even if you didn't always agree with him. >> i think that's true. and people look for that. one of the things i thought of today, how does this trend start to re-- to reverse? what policy, what person, what party? i think the economy has a lot to do with it the natural economic cycle beginning to swing back around will help. but it can't just be that the stock market goes up. people are concerned we've lost so many job across america. collective anxiety is a lot of those are not coming back. it will be interesting to see how it turns around. >> greta: dana, thank you as always.

you've heard about states suing the government over health care what if you want to sue government yourself? a lawyer from tennessee wants to represent you. joining us live republican congressional candidate in tennessee. have you filed a lawsuit on behalf of people? >> yes we have. about a week and a half ago we filed a lawsuit on behalf of one individual in tennessee and we invited all of tennessee to join the lawsuit. within a few days we were inundated with requests from all over the country. we decided we would let any company or citizen join we now have 10,764 as of a few minutes ago. >> greta: people are going to think it is a class action, because of the number of people. this is not been certified as a class. at this point you have one person in court with 10,000

plus that want to join is that fair? >> that's correct, yes. >> greta: is the cause of action? is it like the state attorneys general? about the mandate and whether the government has the authority to essentially order people to have insurance? >> no. actually, our lawsuit completely different. in that, it's challenging obama care in its entirety. our primary argument is that nothing in the contusion allows congress the authority to regulate health care, period. it is that simple. we understand there's precedent from 80 years ago from the supreme court that arguably the commerce clause grunted congress some authority to regulate in this area and ourment is that precedent needs to be changed and this is the epitome of where you end up with that precedent. the commerce clause destroyed

the entire purpose of the constitution which was to grant only limited authority to congress. >> greta: so i'm understanding. you say the constitution doesn't provide specific authority to regulate health care that is indeed true. the constitution is not specific about many things. it does have a clause in it which empowers the federal government to regulate or effect commerce. the question is whether or not it has it in this instance,; isn't that correct? >> well, actually i would say that the commerce clause -- the interpretation of the commerce clause that came out of fdr pact destroyed the entire purpose of the constitution that violates the primary cannon of legal interpretation which is, if you take one phrase from a document and interpret in such a way it destroys the purpose of the document that interpretation must be wrong. an argument that a lot of

people have tried to make and we're gonna make it now because obama care is the latest example of the congress doing things it is not supposed to do. >> greta: i guess now we get deep neither weeds into what would be your argument we you go to court. you are running for office. you want to be the republican congressman from your district. are you finding that people are interested in your campaign more because of the case? has this attracted more support for you? >> absolutely. the reason we filed this case was because the tennessee state attorney general and 5 announced he would not join the other states -- -- i was appalled by that. i became an attorney in large part because i wanted to protect the constitution within the system. we decided that because we

were being approached by people who wanted to file individually we decided to do that this is the people's suit. we are giving everybody in america an opportunity to join whether their state attorney generals agree the unconstitutionality of national health care or not. >> greta: it is going to be interesting to watch to see where your numbers go what was your number? >> 10, 64 about a half hour before we went on the air. going up about 1,000 plaintiffs a day. >> greta:'s a lot of client management, good luck with the client management. >> next, i know we are all feeling this, .añ the volcanic cloud around the world. even if you don't get ash you will feel this volcano. >> just what we do not need washington going stupid again. new battle again, senator judd gregg minutes away. ♪

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>> greta: how bad is it? for instance in britain alone 40,000 fellow americans of ours are stranded tonight. the eruption of a volcano in iceland still crippling air travel across europe. it is creating a ripple effect across the entire world. we wish writ only inconvenient but it is now an economic catastrophe. at a time when the united states can't afford it. joining us live is dan michaels. first of all the volcano has it calmed down? >> note at all. today there was more activity. the activity may be shifting in a is better for travelers producing a smaller cloud and keeping the eruption close are to the ground. get tpwhraet is the danger that it create -- >> greta: what is the danger that it creates for travel? >> jet engines are delicate not designed to ingest a lot of dust.

this dust is particularly rough can destroy a jet engine can clog it up. so it is not good to fly through. authorities are trying to protect the public. >> greta: to what extent wind, weather conditions going to help this matter or make it worse? >> wind can carry the cloud away and it has been over recent days. the wind has been shifting a bit although just this afternoon in the u.k., in the u.s. this evening in the u.k., winds seemed to be shifted back towards london. there had been hope of lifting the restrictions. over time it should dissipate, the cloud assuming there's not a lot more dust and ash generated. >> greta: is there any risk it is going to blow tomorrow again for instance? can they make any determination? >> i have to admit, i read about aviation not volcanoes but i've been learning a lot quickly. volcanoes are very

unpredictable. they watch closely and try and judge based on that. but this is an unusual volcano because it is beneath a glacier and that produces a different effect with a big steam cloud that pushes the dust up higher in the atmosphere. for authorities to figure out where going is tough. >> greta: i understand the immediate effect in . -- in europe. what about the united states what is the economic impact? >> there are a lot of people who need to be places they can't be. overnight shipments like fedex and ups not getting where they need to be or getting there slowly because they are using other hubs south of the cloud. products like fresh food, flowers from holland, things like that, it is tulip season, over time, the impact will grow. but it is going to be much bigger on europe and there the impact is more about a major

trading partner for the u.s. and the rest of the world. >> greta: they've had a recession just like we have. could this push them into a deeper recession or another recession if they pull out of it and because think are a trading partner does that cripple us -- not cripple us but give us more economic problems? >> it is not good news. before in happened there were some estimates that the european economy was going to grow 1% after shrinking 4% last year. if this drags on several more weeks easily turn that 1% growth into zero get. if it goes longer into negative growth. the glow wall -- the global so interlinked. the eu has not been an engine of get so nobody has been looking to it -- of growth so nobody has been looking to it to lead out.

>> >> greta: even trying to move some of our injured men and women back here to the united states there's been problems with that which of course is a heartbreak for us. >> yeah there's been a bit of rerouting. everyone has been able to get back through different bases or taking different routes. it is a few more hours. so far it hasn't cost lives, but yet another inconvenience, yes. >> greta: dan, thank you. next, president obama must be serious about this one. a leaked secret memo from the secretary of defense. iran is involved. who would have know i have to leak this memo and why? ambassador bolton next. bush-clinton show down. we have it on tape. there's a big twist we'll show it the tape, coming up. somebody's a winner. ha, not me! cause shipping is a hassle. different states, different rates.

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>> greta: who leak the secret member know president obama and with why? saturday "the new york times" reported on a memo sent in january by defense secretary gates to national security adviser general james jones. the paper says the memo was a warning for president obama, the warning? that the united states lacks a long term strategy to stop iran from getting a nuclear weapon. there's been push-back since the memo was leaked it has been fierce. secretary gates and the white house say the memo was not a wake-up call to the president. and claimed "the new york times" mischaracterized the memo. john bolton joins us live. i guess there are two issues. one, who would leak this? and the second is the substance of the memo. let's start with the leak. what's your suspicious -- on

why now, three months later? >> i think it was leaked by someone who thought they were doing a favor to secretary of defense gates. the theory was he did write this member know january. i think waits a classic bureaucratic cya member movement after three months of floating around the system it could be leaked without much fear that the leaker could be identified. i think it may indicate that secretary gates getting ready to leave the administration he wanted it on the record he said i told you so before iran went nuclear. >> greta: what do you think that ahmadinejad in iran hearing about the content of the memo, to the extent of what we know, what do you think ahmadinejad thought about the memo that the u.s. might not have a strategy for the nuclear iran? >> i think it is already clear to ahmadinejad that the obama administration does not have a

strategy. this will be further confirmation. i think one particular point in the story caught my attention that said that gates had addressed the question what do we do if iran gets the nuclear weapon? what's the game plan after they succeed in getting that capability? i would very much fear that's the obama administration's real plan b. they know their effort at u.n. sanctions isn't going to stop iran. they are prepared to acquiesce iran with nuclear weapons i think that is a miss tack. >> greta: in terms of -- that is a mistake. >> greta: in terms of a nuclear bomb. how far down the road of development do you get to until you have a bomb? when you put the final screw in the device and can send it off and fire or earlier when you have the technology and ability to put it together?

>> that's a signal in the story that either the reporters or their source don't understand the nonproliferation treaty. commitments that the nonnuclear weapon states make among other things are not to manufacture or receive assistance to manufacturer nuclear weapons. manufacturing doesn't mean turning the last screw it means a lot beforehand weaponization and that sort of thing that's why i think it is clear iran is plain fully violation of the nonproliferation treaty and why all of the steps we have taken against them are appropriate >> greta: under your definition or the treaty's definition it seems once you enrich uranium beyond 20% you are on your way to a since you only need 20% to have a nuclear plant to power the area is that the point when you get to a more enriched uranium without anything else maybe? >> 20% is the breaking point

between low enriched and high enriched. there's more in the case of iran and would be for other proliferators. notably iran's 20 years of lying to, deceiving, stonewalling the energy agency, weaponization work, work on ballistic missiles. there's no use for much what iran is doing in a civil nuclear power system clearly weapons intended. >> greta: what do you think israel thought when they heard about that memo? i realize once again there's push-back from the white house. what do you any israel they were thinking? >> i think it is one more piece of evidence for the government of israel to consider in making the very hard decision whether or not they are going to strike iran's nuclear praupl preemptively. like ahmadinejad, i think the israelis know the obama administration does not have a coherent policy this is one more indication of that

>> thank you. >> thank you. >> greta: next, are we going stupid again? republican senator judd gregg goes on record about a new battle in washington. next. earth-moving discovery. ladies keep your clothes on during the break. we are going to explain. a special treat on the record is going hollywood jenna elfman is here with a sneak peek at something you will love. hey -- who's our best presentation guy? carl. i thought you said carl was our bt presentati guy. [ worker ] well, he is. last week he told my team about fedex office print onne for our presentatns. upload it to fedex office, en they print, bind, and ship it. the presentation looks good, right? yes, but -- you didn't actually bring carl with you. good morning! but i digress. [ male announcer ] we understand.

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[ male annouer ] if you can't afford your medication, ♪ [ male announcer ] try fixodent with the time-released formula. use just once per day for dawn-to-dark hold. it is important to use the product as directed. fixodent and forget it. . >> greta: there's breaking of california. where president obama is campaigning for senator boxer fighting for her political life. minutes ago in the middle of his speech, president obama was interrupted by protesters who want don't ask don't tell repealed.

>> the president: the housing crisis hit this state with a particular vengeance driving your friends, your neighbors out of their homes, injecting a sense of fear and financial insecurity into too many peoples' lives. i'm sorry do you want to come up here? can i just say, once again, barbara and you are supportive of repealing don't ask, don't tell so i don't know why you are hollering. >> greta: stay with fox news for the latest on president obama's trip and the race for the senate in california. missing a chance to fix a problem without spending a lot of money. new battle, just what we need blowing up in washington over financial regulatory reform. we went to capitol hill. republican senator judd gregg went on the record. i guess we should admit it

doesn't get any more beautiful than capitol hill. >> just a beautiful scene, beautiful weather. the capitol looks fabulous. >> greta: it is sort of fun. goldman sachs and they are being charged civilly by the fcc. you think the -- sec you think the other party is using it because -- >> i think it is unfortunate. the timing isn't good in my opinion it is an anecdotal event. it does not have a lot to do with financial restructuring. the financial restructuring should be proceeding on a bipartisan path. there is agreement here in the senate between a number of us on major issues suches arrest lose authority, derivatives how you protect consumers, reorganize regulatory agencies.÷ there's basically agreement. but we have all this high perpably going on.

-- high purposeably going on. >> greta: 41 senators signed a bill, one aspect consume area are you for a consume area genesse of some sort? >> absolutely. -- >> greta: some of the people -- some of the consumer advocates critical of say they think dodd doesn't go far enough. they say they don't want it to fall under the federal reserve because the federal remember is of failed to use its power this that area years before the financial meltdown. the first thought i have is, why in the world are we looking to create a new consumer agency? why don't we get the people to do the job who hold the position? >> you are right. that's the correct way to do it. the suggestion from our side of the aisle was you raise the level of responsibility and

visibility within the regulatory agencies on consumer responsibility. you have safety and soundness as primary purpose of the federal reserve, occ and other agencies which control banking. raise consumer protection to the same level of safety and soundness and merge them. they are intertwined. whether you have good consumer protection has a big effect on safety and soundness of the banking community, especially smaller banks. you put in the regulatory agencies at an equal in both areas. >> greta: don't we already have that but it is just that people drop the ball leading to the financial meltdown? didn't somebody within the federal banking system somewhere have the oversight and the power to have taken steps to avoid what has ultimately been the financial meltdown? >> yes. >> greta: somebody deposited the ball? >> yes. >> greta: why not review where the ball was dropped and fix

that area rather than creating a new agency and spending an enormous amount of money? >> that's what we should do. as a practical, political question, what are we going to do and what makes most sense? that's why the suggestion was made and agreed to, the federal reserve which has primary responsibility for regulation in this area, set up within the federal reserve, consumer department, agency which has the same visibility levels as regulatory people. reduce bureaucracy in the sense you are not creating a separate agency which has independent auto tick powers which would be a mistake. -- >> greta: did democrat agree that? >> different democrats had different positions. senator dodd at one time was in agreement. the president and his people always want add independent agency of the bank regulatory regime. i think that's a mistake. if you set up an independent

agency they don't have any responsibility forever safety and soundness they may push out requirements to loan money people who can't afford to pay it back as part of their social justice purposes as a regulatory agency. when you separate those two, undermine the banking industry. as you undermine the banking industry you weaken the ability for people to get credit on main street. we want to combine the two and put member both in the fed. we could do it the way you are suggesting. >> greta: have people do their jobs. >> that doesn't work here. when we see a problem something has to be done to make it look like we are re-- solving the problem. >> greta: if we have already within our government structure a mechanism by which the meltdown could have been an individualed if we people to do their jobs -- >> you are making too much sense to be sitting in washington, get as a practical matter the goal should be the same, to make sure consumers

get the same attention as safety and soundness. >> greta: except it wouldn't cost more. >> i don't support an independent agency i'm not going to defend that as approach. >> greta: goldman sachs this may be something you don't have an interest in either way, has been charged civillism why is there not a criminal investigation? instead of a -- why a civil investigation? >> i don't know the answer to the question. i'm not enough of an expert in that area to have any idea -- [ inaudible ] >> greta: are there other observings to the financial regulatory bill that -- with the democratic party that perhaps you could work together on and reach consensus. >> number one, resolution authority. saying put an end to too big to so no company in this country, financial specifically has taxpayers backing it up. the marketplace does not work

efficiently if they think the -- put out of business stockholders lose their money, i think we can reach agreement on that >> greta: goldman sachs they bailed out, right? >> they didn't ask. i don't think they were looking to be bailed out. >> they took it, right? . >> they were told to. i was there at the time. paulison called in the top 10 banks and said you are all going to take this money, only those of you who are in real trouble take the money it is going to be a message to the marketplace thank you are in trouble and the others are stronger and that is going to turn the playing field against you and you are going to get in worse trouble. he said all the top 10 banks you have to take this money there. were four or five who didn't want to take it wells fargo, goldman, a number of others but ended up having to take it. >> greta: i'm wrong to think they a bailout and paid big

bonuses -- i'm wrong in being sort of like hyper critical of them? >> on the goldman case i think it is hard to say. you can make that case with bank of america because of the merrill deal with citibank, and with a couple of others that were -- clearly got support when they were in difficult straits and gave large bonuses. >> greta: i caught you -- i cut you off on the others. >> derivatives, huge, complex issue. jack reed and have been working six months to come up with language to address this. we have pretty much agreement on the consumer side we did at one point. put it in the fed make eight agency within the same status with people who are responsible for safety and soundness. we had agreement on how we were going to reorder regulatory structure so institutions couldn't go out and shop for the weakest

regulator. we have a lot of areas of agreement. when you look at this issue it is not partisan this issue can be . there aren't a lot of the partisan fights. get it right. make sure that as well as we can do we end systemic risk so that doesn't happen again. number two, make sure america remains thee:8ñ best place in te world to create capital and get credit that drives entrepreneurship and creates jobs. >> greta: thank you sir. here's what is coming up after this show on the o'reilly factor. bill: jon stewart goes after bernie goldberg and bernie wants to reply. robert gibbs goes after megyn kelly. >> greta: where live until the top of the hour. next a special treat. a star is here, actress jenna elfman gives you a sneak peek of the season finale of her

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man opened fire killing a hospital worker and wounding two others. all the victims, women. the gunman then shot himself and died. investigators don't think he worked at the hospital or knew those victims. late word coming in that toyota offering to fix 34,000 of the 2010 lexus possible roll over during sharp turn agreeing to pay a of 16 million dollars for not reporting problems with accelerator pedals on other vehicles. we return to on the record with greta. >> greta: ready for a switch up from health care, nuclear weapons and volcano clouds? jenna elfman is here to go on the record about her show

"accidentally on purpose." a single woman becomes pregnant after a one nightstand. 8:30 p.m. on cbs. here's a sneak peek. >> i have the baby. >> really? >> you took so long i'm already pregnant with another one. >> here's your ice water. >> thank you. >> anything else i can get for you, dirty stranger? >> doctor, i'm so glad to see. >> i didn't need to see the rolling stones tonight. >> greta: jenna elfman joins us live from los angeles. nice to see you, welcome back to the show. i'm delight your show isn't opposite us. season finale. are you excited? is it sad to see the show close for the season?

>> well, i'm very excited because it is a great episode. it has been a great season. and i'm very happy for people -- sighted for people to see the episode because i think it is hilarious. the more people watch, the better our chances are at getting a second season which i hope we get. >> greta: it is fascinating. you play a pregnant woman and were you pregnant. of course, always fun to look back at people that you have admired. i know you have admired lucille ball the first to be pregnant doing a television series? >> as far as i know, she was. she was the first in a lot of things. i'm many people have gone before me with these tv births. i don't think any television births have yet involved rap music. which our tv birth does involve. that's one of the reasons it is very funny.

>> greta: can you pick up the script and know it is funny? >> pretty much, yes. i can get a sense. once you're in the throes of the season and you've got a handle on the character that you are playing, which is its own evolution, the writers and actors you go through an evolution when it is the first season. once everything clicks and you know where that character is at. i can look at the material and go okay i think is -- that's really fun nay is going to work. oh i think we are going to need a tweak. especially on dharma and greg you can know. sometimes it catches you off guard. sometimes as actor it takes a second then you are like wow, i didn't that i was going to be funny but look. with the director getting involved and helping and blocking the scene and putting the actors where they need go something may be funnier than you thought it was going to be. that's always a nice surprise.

>> greta: how about the other actors, can you funny they aren't? >> having great actors around to you play a scene is a tremendous help. someone used the analogy once that doing comedy with someone who can't do comedy is like hitting a tennis ball into a curtain that's true. we don't have that on our show, thank god. it is a pleasure every scene, i get carried away because i'm so entertained everyone is so talented and able with comedy that it makes it a real pleasure. >> greta: in terms of shooting these episodes one week, two week, how long does it take? >> for our show, filmed in front of a live audience we go monday through friday. we read the script around the table with the executives and writers monday, cameras come in thursday rehearse with the

cameras and we sometimes preshoot some scenes that would be too difficult to shoot in front of an audience friday nights we have a live show with the audience which is my most fun day of the week because i love performing live you get that instant reaction from the audience. it is like live theater. when the show airs, several weeks later, you have another audience, with which is america. it is really great. sort of have two performances that have two different experiences to them. >> greta: i can -- i can't imagine what your life is like so different than it is in the news business. yours looks fun you make it look easy. i guess that's why it looks so fun. >> you make it look pretty easy to too greta. when people know what they are doing you can make it look easy. everyone who is good at what they do knows how much work goes into making it look easy.

>> greta: mutual admiration society. let me remind the viewers cbs this wednesday the finale 8:30 p.m. eastern and flip back for hannity and then our show at 10 p.m. eastern. jenna, nice to see. >> thanks for having me, greta. >> greta: next the best of the rest. new information about a scandal involving a former president. we have actually more presidential news, bush-clinton face-off caught on tape this is not what you are expecting. ñyyup> [ male ar bobbsinclair.

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>> greta: here's the best of the rest. a bush-clinton show down with a twist. daughter of president bush on the today's show landed an interview with former president bill clinton. >> thank you so much president clinton i'm sure this is a rarity at least for me a bush interviewing a clinton. >> i was thinking if your family fed questions i would be cook . >> no way, they love you. they joke your my grandfather's stepson. he talks about you more than he talks about anybody else in the family. >> but your -- your grandmother says every family

has a black sheep. >> political scandal it looks like former president george washington is the middle of. in 1789 washington checked two books out of the new york library. an partnershiply washington liked the books -- apparently washington liked the books. the library is still waiting for the to be returned. late fees add up to $300,000. the two books are international affairs. the library is willing to waive the fine but does want its books back. no word from the former president but we don't expect it. we know the cause of earthquakes, are you ready? permiscuous women. ladies it is your fault. according to a senior cleric in iran says many women who do not dress mod less -- know

doesly lead young men astray and spread adultery in society which increases earthquakes the cleric say the only way to be buried in rubble is to follow islam's moral code. we'll keep that in mine. charles the cat has had quite a few months. eight months ago charles vanished from his home in new mexico. last week turned up 1,300 miles away in chicago. picked up by animal control. charles carried a tracking microchip so workers were able to find the owner. charles' owners could not afford to pick him up. charles headed home in style this weekend. a new mexico resident volunteered to pick up the cat and bring him home. as for charles, one down, eight to go there you have it. that's the best of the rest. is you he elected dead man mayor of your tornado there are -- of your town, there are big benefits.

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just don't feel like they used to. are you one of them? remember when you had more energy for 18 holes with your buddies? [ glass shatters ] more passion for the one you love? more fun with your family and friends? could be an easily treatable condition called low t. ♪ c'mon, stop living in the shadows. you've got a life to live. [ male announcer ] so don't blame it on aging. go to isitlowt.com to find out more. >> greta: 11:00 is almost here, flash the studio lights. it's time. last call. now, for small-town political news ask jimmy fallon. >> i heard about this today aichl town in tennessee elected a dead man as mayor. finally a politician who won't cheat on his wife. >> good point that, is your last call. lights are blinking and we're closing down shop. thanks for joining us tonight. we'll see you tomorrow night.