we focused on lower manhattan. we are using the technology that we're developing in lower manhattan to assist us in the midtown manhattan initiative. it takes money. it takes federal money is what we're looking for in this regard. >> would have helped in this case? >> in the sense it may have, you know, added a number of cameras we have. now, the lower manhattan security initiative and midtown manhattan initiative will have analytic software. it means you can set up basically an alarm system for certain activities. let's say in the most basic sense, you could set up an alarm where a bag is left unattended for certain periods of time. that would set off an alarm. a vehicle drives around the block three times. that would settle off an alarm, as well. so there is really, this is a

whole new area that has a lot of promise. in that regard, we're very enthusiastic about it. >> i'm sorry? >> do you believe there is no further threat at this time? >> we can't make that determination. >> but as far as you know? >> that's correct. >> commissioner, is in a special situation if into play in this investigation? >> we certainly wouldn't rule it out. >> when you mentioned there was an e-mail to a local television news station, was the same as the letter that you mentioned? >> yes. >> does that have any central angle? >> no, i don't believe so. [ inaudible ]

>> i can't hear you. >> again, we're still examining the alarm clocks and batteries in it. the detonator for the event was the 16 ounce can with the m-88s in it. >> the clock, what size alarm clock? how large and what type? >> we have a picture of it. there were two basic yellow alarm clocks. actually thought we took the picture down. >> the gun case you referred to, was it filled with some kind of explosive material? >> we're trying to determine that. it was filled with at least

eight bags of this material that could be fertilizer, not marked as fertilizer. it's from a grocery store. also, it had a pressure cooker type pot with wires in the pot, and additional m-88s, in the pot it's about an hour and a half ago. men and women of the bomb squad, they use explosives to blow open the case. >> you said the bags, eight bags? >> yes. >> did they have a name on them? >> we're still investigating that aspect of it. >> what was potentially the most dangerous to folks --

>> well the propane tanks, if they explode can obviously have an effect you were just talking about. we're focusing about the fact that propane tanks actually detonated a store a few years ago in brooklyn and killed six people. we don't know the effect of the material inside the gun case. >> propane tanks need to be registered in any way? >> i don't believe they have to be registered, no. >> and department throughout the world -- did anything come back through your intelligence network, yes, we've seen these things before, this type of intel? >> i don't know of anything like

that. there is obviously a circle of bomb experts that communicate about this type of device or anything else that surfaces in other areas of the world. >> commissioner to recap the investigation, environmentalists you are not ruling out the taliban. it was may 1st, is there anything else? >> we don't have enough information to say yes or no at this time. >> and other avenues, is that accurate? >> we wouldn't rule them out. >> to the letter that you are mentioned and the lead with the pathfinder, are they going in the same direction? >> they are going forward. >> i mean as far as the same individuals?

>> not necessarily. >> commissioner -- >> there is a picture of the alarm clock, i think. '. the license plate from the repair shop, is there anything suspicious, any person might have given the license plate? >> this will be part of the investigation. >> commissioner, the alarm clock they tell us the alarm clock was set to a time. if so, what time that was? >> we're trying to determine that. >> you can see it looks like it's 25 to 4:00. the alarm is set at midnight. the other clock was damaged so

we're not certain what time that was set. >> commissioner, do you think the area in times square played a factor in bomb maker targeting that area, being popular with tourism and where tourists are concentrated in that area? >> you know, it's always heavily populated. again, it was a little bit down a side street. it wasn't directly next to that area. okay. >> one more -- it's interchangeable. >> you got me there. >> what i'm trying to say -- >> it's twice a day. >> was that believed to be --

>> do these indicate realtime? >> we don't know i'm telling you this is what we found. okay, thank you very much. >> gregg: new york city police commissioner saying there is no evidence taliban linked to a fail bomb inside a smoking suv parked at times square around 6:30 in the evening. that is teeming with people. it was a lovely day, quite warm. thousands of people converged on times square. it was evacuated as a precaution. apparently the bomb failed to ignite. there is a videotape that apparently shows a white man in his 40s taking off his shirt in an alley a block and a half away. he puts the dark shirt around the bag and looks around suspiciously, according to the commissioner and revealed a red

shirt underneath. apparently police officers are on their way to unidentified town in pennsylvania to talk to a man who believes he may have recorded a bombing suspect on his home video cam. importantly the suv contained the following, three propane tanks, fireworks, two filled to the brim five gasoline containers, 2:00 o'clock west side a batteries. electrical wires and other components from the clocks to the ignition which was a 16-ounce can filled with fireworks. apparently the ignitor device intended to set the gasoline cans afire and then ignite the three pro page tanks. then contained a 70 pound gun case that may have ignited. the commissioner also talked about material, he couldn't be certain but it could possibly be

fertilizer that z. that conjures up the image of timothy mcveigh van that was filled with fertilize they're exploded. >> juliet: we're going out to david lee miller. he has been standing by in the times square area. david, what can you tell us. you listened to the commissioner's press conference. >> reporter: as the commissioner was speaking, he spoke for a little more than half an hour. many people are going to broadway shows. he spoke for half an hour. that is a significant amount of time if you look at other news conferences and it underscores how seriously they look at the threat. he said this device could have caused a significant fireball, his words. he says that new york is lucky that it did not detonate. he also said that authorities now know the owner of that vehicle.

they have identified the owner of the nissan pathfinder and he said the plates that were on the car had not reported as stolen. as for the laundry list of things that were in that vehicle the propane, the firecrackers, the car and batteries, those are items that are readily available at a home supply star. also located a 70 pound box of a chemical that has the look and feel of fertilizer. also during the news conference police commissioner was asked about claims islamic website by pakistani taliban that they were behind this incident in times square. the commissioner said that so far no group whatsoever has been linked to this. here are his own words. >> although we have not yet determined whether the times square car bomb is linked to any

specific terrorist organization, we're working very closely with the f.b.i. through the joint terrorist task force on this case. >> brian: he also said that new york city police officers, investigators are now on their way to the nearby state of pennsylvania. they are going to talk to a tourist who was here in new york city and may have home video that would be helpful in this investigation. he was here at the time the incident took place. there are also dozens of surveillance cameras that are being reviewed. as gregg just mentioned, one of the intriguing parts, there is a surveillance camera that seems to capture an individual changing some of his clothing soon after the car begin to billow smoke. here again, here is ray kelly. >> we are currently examining video that shows a white male in his 40s, in the alley looking back in the direction of west

45th street. he was also seen shed ago dark-colored shirt, revealing a red one underneath. he put the darker one into a bag he was carrying. this happened about half block in where the vehicle was parked. >> reporter: the bottom line here, this is still very much an ongoing investigation. again, underscoring that point, police commissioner said there would be additional patrols in the times square area. one of the reasons is to heighten ability to reassure people that they are on the job to keep new york city safe. >> juliet: thanks very much. also mahmoud ahmadinejad is coming here tomorrow --. >> gregg: disaster in the gulf.

president obama is in the gulf. he is getting a firsthand look to contain and clean up the massive oil spill contaminating the gulf of mexico. bp america, the company responsible for the slick, saying it does not know just how much oil has spilled and how much is gushing right now from the well or even when it will stop. the slick is roughly the size of puerto rico and growing. the currents are pushing the polluted water closer to the precious gulf coast minute by minute. here is what president obama had to say when he was in that region -- apparently we don't have that quite yet. we have fox team coverage, phil keating coverage k covering the president's visit. julie kirtz examining the federal response. rick riechmuth is forecasting the weather, going over the cleanup efforts. first to phil. how are gulf residents reacting to the president's visit?

>> the one that did come out to the streets in southern louisiana, they did have some signs, thanks for coming. thanks for coming to visit us. some people waved at him. it was basically 750 miles from the down to venice, a quarter mile up from the canal. he is meeting with knan can't thad allen who just yesterday janet napolitano named the actual point person on the federal response and coordination of all operations ongoing out there at the site of this massive oil spill. the deep water horizon, bp's offshore oil rig exploded burned for 36 hours. led to 90 people being rescued. 11 people died.

three are still in critical condition. since that time it was discovered there were three major cracks in their pipeline. as you mentioned, the beginning of this report, we don't know, bp doesn't know, no one knows with accurate detail how much oil as spilled so far. how much continues to pour out on a daily basis and how long this is going to threaten, not only the environment, but the economic future of everybody that lives air long the gulf coast. >> gregg: this rig was fitted a blowout preventer down at the base where the oil flows. whenever it disconnects from the pipeline, that is supposed to collapse and shut it off. is bp still trying to pinch the oil flow? >> reporter: first and foremost, bp as well as the interior secretary ken salazar, both are saying this was technical breakdown of that exact thing.

this is the worst blowout that the interior secretary says we've ever seen. what they are trying to do with the underwater, 35,000 feet below the surface. they are trying to pinch the well line. it's not working so far. they have desperately for ten days. that is why the oil continues to flow. one option that bp is looking at right now, they say they can have this in place within six or eight days. it's called a dome collection pleth. basically it's a 75-ton metal and concrete structure that would be lowered 35,000 feet down to the source of the oil leaking currently on the sea floor. there is a little copier dome at the top. this long hose going all the way up to a ship on the surface would then capture and pipe up, suck up the oil coming out of the pipeline. that would reduce the amount coming up to the surface. we'll see how great that would actually reduces the entire

pollution seen here. that, hopefully, according to bp will be in place six to eight days. >> gregg: phil keating, live in venice. the president is being briefed by officials. we'll carry it live. keep it right here. >> juliet: the response from washington is growing criticism that the federal government and bp are not doing enough to stave off a pending disaster. the slick is en dangering an area. julie continues our team coverage and joining us live from washington newsroom. >> reporter: the president's trip to the gulf is just part of the administration's move to step up the response to this disaster and also cut off critics in washington today. the secretaries of homeland security and interior hit the sunday talk show and coastguard. all three need to prepare for the worst case scenario.

it could be three months to cut off the oil leak. the officials are defending the federal response to the oil spill so far, as they put it from day one. >> there are scenarios it could be worst than the exxon valdez. we need to make sure we are prepared for the worst case scenario. >> the key fact of the matter is this has been all hands, all deck across the federal government, with the states, with bp from the day of this incident. >> reporter: federal government has a large rainy day fund to help deal with the expanding damage on the gulf coast. it's generated by a tax on oil. that of that money can be used to come pen state damage to fisheries and wildlife. obama administration officials repeated the position that bp is the responsible party here for both cutting off the oil leak and paying for the cleanup. the federal government will be

reimbursed. for any natural disaster the spot slight on president. public reaction to that, we saw that with president bush during katrina. the obama administration is hard at work today demonstrating what the president is doing and what the federal government will continue to do with little hope that the spill will be contained anytime soon. >> juliet: julie, thank you. >> gregg: deadly storms leaving behind dangerous flooding in the state of tennessee. rick riechmuth has the latest from the fox extreme weather center coming up next. [ male announcer ] we call it the american renewal. because ge capital understands what businesses need to grow. that's why today ge capital provides critical financing to more than 300,000 growing companies.

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>> juliet: welcome back. high winds whipgs along the coast for a fourth day. cleanup crews having to deal with a lot more severe weather blowing the crude oil closer to show. let's take a look at president obama that is making his way, greeting folks in louisiana. he is taking a briefing. he has met with the admiral thad allen and speaking with us for a few moments. >> gregg: he is going to make remarks pretty soon. he met with federal, state and local officials, fema and local

management. officials from department of homeland security and the coastguard and some push by environmentalists, especially for the government which has the authority to federalize the oversight of the cleanup efforts to do precisely that. the government has said we're allowing bp a central role since they have the expertise and the equipment. although, the military has been lending a hand. let's listen to the president. >> good afternoon everybody. first, let me say a few words about the incident in new york city. i want to commend the work of the nypd, the new york fire department and the f.b.i. which responded swiftly and aggressively to a dangerous situation. i also want to commend the individual citizens who noticed the activity and reported it to the authorities. i just got off the phone on the

way down here with mayor bloomberg to make sure that state and federal officials are coordinating effectively. since last night, my national security team has been taking every step necessary to ensure that our states and local partners have the full support and cooperation of the federal government. we're going to do what is necessary to protect the american people to determine who is behind this potentially deadly act and to see that justice is done. i'm going to continue to monitor the situation closely and do what it takes at home and abroad to safeguard the security of the american people. we just finished a meeting with admiral thad allen, national incident commander for this spill, as well as coastguard personnel that is leading the response. they gave me an update on the efforts to stop the bp oil spill and mitigate the damage. i was told out it was drizzling

out here. is this louisiana drizzle right here? they gave me a sense of how this spill is moving. it is now about nine miles off the coast of southeastern louisiana. by the way, we had the governor of louisiana bobby jindall and parish president who is taking part of this meeting. we want to emphasize of coordinating between local, state and federal officials throughout this process. now, i think the american people are now aware that we're dealing with the massive and potentially unprecedented environmental disaster. the oil that is still leaking from the well could seriously damage the economy and environment of our gulf states. it could extend for a long time. it could jeopardize the

livelihoods of thousands of americans who call this place home. that is why the federal government has launched and coordinated and all hands on deck relentless response to this crisis from day one. after the explosion on the drilling rig, it begin with an aggressive search and rescue effort to evacuate a 115 people, including three badly injured. my thoughts and prayers go out to the family of the 11 workers who have not been found. when the drill unit sank on thursday, we immediately investigated by remotely operated vehicles the entire 5,000 feet of pipe that is on the floor of the ocean. in that process, three leaks were identified, most recent coming from just last wednesday evening. as admiral allen and secretary napolitano has made clear, we made preparations from day one to stage equipment for a worst

case scenario. we immediately set up command center operations in the gulf and coordinated with all states and local governments. the third breach was discovered on wednesday. we already had, by that time, in position more than 70 vessels and hundreds of thousands of feet of boom. i dispatched the secretaries of interior and homeland security, administrator of epa, lisa jackson, my assistant for climate change policy and the administrator of noaa to the gulf coast to ensure we are doing whatever is required. i want to emphasize, from day one, we have prepared and planned for the worst, even as we hoped for the best. while we have prepared and reacted aggressively, i'm not going -- the gentlemen and women

are not going to rest or be satisfied -- until the leak is stopped at the source. the oil on the gulf is contained and cleaned up, and the people of this region are able to go back to their lives and livelihoods. currently the most advanced technology available is being used to try to stop a leak that is more than 5,000 feet under the surface. because this leak is unique and unprecedented, it could take many days to stop. that's why we're using every resource available to stop the oil from coming ashore and mitigating the damage it could cause. much of the discussion here at the center was focused on if we and when we have to deal with these mitigation efforts. thus far, as you can tell the weather hasn't been as cooperative as we would like, but we'll continue to push forward. i want to stress we are working kliofl with the gulf states and

local communities to help every american affected by this crisis. let me be clear -- bp is responsible for this leak. bp will be paying the bill. as president of the united states, i'm going to spare no effort to respond to this crisis for as long as it continues. we will spare no resource to clean up whatever damage is caused. while there be time to fully investigate what happened on the rig and hold responsible parties accountable, our responsibility is relentless response effort to prevent more damage to the gulf. i want to thank the thousands of americans who have been working around the clock to stop this crisis, whether it's the braver men and women of our military or the local officials who call the gulf home. they are doing everything in their power to mitigate this disaster, prevent damage to our environment and help our fellow citizens. during this visit, i am hoping no have the opportunity to speak with some of the individuals who

are directly affected by the disaster. i have heard already that people are understandably frustrated and frightened, especially because of the people of this region have been through worst disasters than anybody should have to bear. americans should know this. your government will do whatever it takes for as long as it takes to stop this crisis. this is one of the richest and most beautiful ecosystems on the planet. residents have enjoyed and made a living off the fish that swim in these waters and the wildlife that inhabited the shores. we're going to do everything in our power to protect our natural resources, compensate those that have been harmed, rebuild what has been damaged and help this region persevere like it has done so many times before. that is a commitment i make as president of the united states.

i know that everybody that works for the federal government feels the exact same way. thank you very much everybody. [ applause ] >> gregg: president saying we are now facing an unprecedented environmental disaster. all hands are on deck. he did say that bp is in the end responsible for this and will biash the costs, but he, as president, will oversee and do what this government can do to assist. twice he said we've made preparations from day one, not just once, preparations from day one to position the people and equipment for a worst case scenario. is the president responding to criticism that his administration was slow-foot ed. dan burton joins us now, on the house and government reform committee and democrat martin frost is a former texas

congressman. he joins us, as well. congressman burton, the rig exploded 11 days ago. it wasn't until thursday that janet napolitano on behalf of the administration said, finally this is a spill of national significance. wand on thursday she admitted she didn't even know if the defense department had the equipment that could help. has she and her boss, the president, been slow to recognize this catastrophe and inherent danger? >> i've been critical of janet napolitano in the past and the president. i think the government of the united states is doing everything they can to control this terrible disaster. i'm confident they are going to continue to do that. the big problem i have is what happened out there, what caused the explosion. also -- i hope we can find that out, but secondly, i would like to find out if there is any additional measures that could be taken to shut off the valve

at the bottom of these oil rigs in the event that we have another disaster of this type. i'm not going to be the first one to start criticizing. >> gregg: bp america at first said there was no leak. then they claim there is a small leak. then they said it's a thousand barrels, then we learned from 5,000 barrels per day. is it naive or foolish to it will the company that is responsible, perhaps through negligence or recklessness to lead the response? >> they openly are responsible. they need to be held accountable. one of the things you haven't mentioned which very important piece of the story, i believe that climate change legislation being crafted by kerry and lieberman and graham, which includes more offshore drilling is now dead for this session. >> gregg: i get that but congressman, is it wrong to let a company that was reckless for

a catastrophe to happen, now perhaps be reckless in the cleanup? >> the company needs to be held accountable. this is something that hasn't happened to this magnitude before. i don't know if we acted quickly enough. with the company, i think the president has done everything he can to bring resources on the problem. i think until we figured out what happened here and how you prevent this from happening again, whether the company or government being responsible, i don't think congress is going to vote for more drilling in the gulf. >> gregg: there is an inherent risk in drilling for oil in deep waters, when you consider there are 3500 rigs operating out there, hasn't the industry's track record been pretty good? >> it's been exceptionally good. the one thing i would suggest is that we double check right now if there is any other resources that could be spent to make sure

if there is another catastrophe like this, whether intentional or not, that we shut off those things as quickly as possible at the source. bp will have to pay for this. we have to make sure we find out how this happened. this could have been something more than just an accident. >> that is exactly right. we've got to figure out how to prevent this from happening again. i think conscious is going to be very leery about expanding drilling right now. >> gregg: you know what you are talking about, congressman frost. you are from texas. >> we can drill offshore but we have to make sure it's safe. >> gregg: any time there is a catastrophic event there is reaction to overreact. the president is halting any permits, but you heard them, they wanted an end to all offshore drilling. remove the rigs and pull out.

>> no, we shouldn't do that. we better learn from this and make sure it doesn't happen again. the administration has taken a peculiar view here, while they have been encouraging more offshore, they have been discouraging more onshore drilling. at the same time they are trying to increase offshore domestic drilling. >> gregg: it would be safer, there is a place called anwr up in alaska, they have 16 billion barrels under ground. should we rethink that? >> of course. i think we should drill where it is necessary to make sure we move toward energy independence. we have huge natural gas supplies. you can drill safely in the gulf or in alaska but we have to make sure the measures are taken. >> gregg: thank you for being with us today. >> ever since 9/11, if you see

something, say something. that is the mantra. someone followed those instructions yesterday flagging down an officer after seeing a smoking suv in times square. many lives may have been saved. joining us is a new york homeland security advisor. you heard about the press conference today. it was fairly lengthy press conference with a lot of detail. police commissioner ray kelly talking specifically about somebody seen in a dark sweatshirt or dark shirt who was seen in the alley where the pathfinder was smoking. taking the shirt off revealing a red shirt, looking around, seeming to be suspicious. the video was surveillance and what is your gut telling you? >> my gut is telling me, this a big deal. people take a look at the events because we didn't have the

device go off, maybe we don't have to worry, that is the wrong approach. this was an attempt to hit us as a nation in one. busiest and important places in the world, times square on a saturday night when the weather was perfect and there were thousands of people in the area. so for this to have been in someone's mind, to park this and set it off, regardless of whether it goes, this is unfortunately would probably one of the most lethal attempted acts we have seen in this nation since 9/11. >> juliet: would you call it terrorism, sit home-grown or is it something else? >> that the question. amateurish nature as the mayor said about the device itself indicates this is not a coordinated and sophisticated plan of attack. nonetheless, 2009 was the most active year for terror related

indictments since 9/11. you had the christmas day attempted bombing of the airplane. you are seeing more and more and what is happening it's a mix. people are coming from overseas but what is the most troubling, folks right here in this nation who have decided to take the war to us here. >> juliet: when the commissioner was taking questions, one the questions was about viacom. necessity show south park and there was a question in south park that might have been offensive to muslims. the commissioner did not rule out this might have been a target because viacom is right there. conversely he said he didn't feel there was any link to iranian president mahmoud ahmadinejad coming to the city tomorrow. what is your feeling about viacom? >> until we get ahold of the person, obviously it's speculation. when you go to the center of times square, you can hit a lot of different viacom buildings

all over the world. but it's a message to the united states, we're going to hit you as the most vulnerable time. if viracom was one of the targets, you could say the u.n. is in the city and the hold media mecca, there is a lot of justifications. jumping to a conclusion it must have been viacom or the south park episode is probably now and doesn't give it the proper attention it needs. >> juliet: do you think there is any significance they went to times square, but as opposed going into a subway or one of the tunnels which seems to be what we hear about when we talk about the chatter? >> with the exception of the 2007 attempted bombing in london which had similar aspects to it in terms of using propane tanks as well, most of the attacks around the world have been in the subways. i have always not the subways

posed a particular challenge. having said that times square is very visible place you can get. that is what we know terrorists want. they want to be visible. >> juliet: michael, thank you very much for joining us. >> gregg: president obama making remarks moments ago in louisiana after taking a tour of the region hard hit by the massive oil spill. we'll take a look at the impact on the environment itself as workers try to do what humans have never done before -- stop a relentless row of will, nearly a full mile below the surface of the water. ♪ [ male announcer ] try fixodent with the time-released formula.

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>> gregg: religion in public schools. in florida republican state lawmakers are behind several effort. one of them the so-called school prayer bill would give teachers the right to pray with students. joining us is constitutional attorney, liz, good to see you. it's been framed as establishment clause versus school but as i understand it prisons the issue. >> there could be no state contract with any state based organizations, any kind of social services. it started with prisons and is expanding to the schools. >> gregg: what the argument for schools? >> schools are saying, the administrators are saying, look, there is no establishment clause. you can't mix schools and religion. that is what you are doing.

here is the problem, gregg -- the teachers at the public schools don't feel like they could read the bible. don't they have an first amendment right themselves? >> gregg: they do have school is over, after 3:00? >> of course, they do. if i could just jump forward. what they are trying to do beyond is change the constitution in florida. as you know, gregg it's not easy to do but it's possible. 60% of floridians voting on it they could change it. i have the language from saying no revenue the state can be directly or indirectly provided to a new constitutional amendment. it would say an individual, going back to the individual may not be barred from participating in any public program because that individual has a freely chosen right to use his or her program benefits as a religious provider. that will be the key. >> gregg: let the lawsuits

begin. >> they will. >> gregg: who is going to start filing and how is that going to go? >> the after lu is already going to file and you can expect many others. you have to look for damaged party. it could be a damaged party, it could be a teacher or more likely a damaged party it could be a student feeling his or her rights are inhibited by the establishment clause. >> gregg: there is always a first amendment collision between the establishment clause and free exercise clause and public schools. >> absolutely. >> gregg: all right. good to see you. >> juliet: environmental experts say the gulf oil spill is threatening wildlife. land animals are in peril. it poisons the food chain. we'll be talking to an ecologist about the potentially decades' long cleanup effort. ún

>> juliet: already the rapidly growing oil slick is taking a toll on wildlife in the gulf of mexico. environmental experts are saying the cleanup will likely go on for decade. john is an aquatic ecologist and director of the environmental scientist. thanks for being here today. appreciate it. it's a heartbreaking thing about exxon valdez is the video we saw

the poor birds and animals covered in sludge. we haven't seen that to a large degree yet at this point. should we be bracing for the same type of thing? >> yes, of course, that is to be expected. thicker oil comes in. this is an area teaming with wildlife including birds. >> the gulf is mecca for fishing industry. fishermen say their lives will be impacted and probably decades down the road. you see the people furious up said the with the federal government. how bad is it going to get for them? the shrimp go industry, the oyster industry has filed class action lawsuits at this point. >> all is dependent on whether the slick can be stopped than northeast in toxicology the old maxim is it's all dose dependent more oil is the worse it's going to get. >> juliet: one the biggest

challenges is the composition of the oil. try to explain in layman's terms the changes it goes through the process, what happens when it does go into the water? >> sure. as it hits the water, it's an alphabet soup, linear chain, aromatic ring carbons, they are attracted readily to particles including the sediments on the sea floor and marshes and particles in the water. there is great concern over what are called pahs. these will have the long lasting impact with respect to clinging to particles. they can last well over a decade in sediment environments. they will be a force of contamination to the food chains for that period. >> juliet: when you are talking about that, what specifically clinging on to? >> especially to organic

particles and clay particles and sediment. anything that is chemically attractive in the opposite way of water. these are repelled by water and stick to other particles. >> juliet: we have to get going. thanks very much. we appreciate it. >> i'm going to be taking off. i will be back 7:00 for the fox report. >> gregg: in the meantime, stay with us. we have plenty more news. massive oil spill in the gulf is spreading minute by minute. we have team coverage across the southern coastline at the top of the hour. [ woman ] with my diabetes...

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captioning by, closed captioning services, inc. >> juliet: this is a "fox news alert." disaster in the gulf. i'm patti ann browne. >> gregg: i'm going jarrett, welcome to a new hour, inside america's news headquarters. at this moment, the oil slick in the gulf of mexico is growing. it is measuring roughly the size of puerto rico. it will get bigger. and formally the waves of the gulf are a bright blue and now are kind of a cloudy, crude oil gray and brown. and being pushed closer to the gulf coast of the u.s., minute by minute now, just nine miles from the coastline. >> patti ann: the president touring the spill now from the louisiana, parts of the gulf coast now recovering from ivan

and katrina and now face the massive oil spill and an uncertain future, and live to jonathan serrie, what impact is the spill having on local businesses there. >> reporter: it already is having an impact. earlier today, we went to the light house bakery, spoke with the owner and she said it couldn't come at a worse time, the bakery has been through two major hurricanes, ivan and hurricane katrina the following year. damaged the business, they had to take out loans, much of the customer base disappeared, while the island community was rebuilding and repairing, all of the damage and then, just this year, the business seemed to recover, it was doing really well, she said it was the best year they had. after hurricane katrina. and, then, word came of the oil spill. listen to this: >> i'm sorry. her sound bite is going to come up later. but, she said already, people are cancelling vacation rentals

and she sees the customer base disappear and is keeping her fingers crossed they'll be able to mitigate this oil spill. >> patti ann: has the spill influenced public opinion on whether or not they should do offshore drilling. >> reporter: i jumped the gun. actually her sound bite is about that. we asked that bakery owner what she thought, about offshore drilling and she said that calls to curb offshore drilling would be premature. here's why. listen: >> i have a problem with that. because, china has their rigs out there and russia has their rigs out there. we'll say, okay, take this, too? >> reporter: now that is not to say everyone in the island community is strongly in support of the offshore drilling industry. many support offshore drilling because the thousands of jobs it creates along the gulf coast. there's a lot of people here, particularly a lot of fishermen who are angry at the industry.

they believe the oil industry has not invested enough in safety equipment. which many of them believe could have prevented the catastrophic oil leak. patti ann. >> patti ann: as you say. is dolphin islathe island ready this. >> reporter: as ready as they'll be, no one can stop the spill but at least can make efforts to mitigate it. the weather will largely determine where the spill goes but today we have been watching heavy efimequipment drive up an down the street, some from license tags as far away as new england going to various staging areas, once the oil comes they'll be able to put the equipment into play, and, hopefully, clean some of the oil up, mitigate some of the damage and if you come back to my live shot you can see behind me there used to be booms floating on the water and seas were too choppy and they pulled them out, it was

apparent with the bad weather they were not going to make a lot of difference, at least not in this area where i am now, patti ann. >> patti ann: jonathan serrie, thank you. >> gregg: the response from washington, d.c., growing criticism of the federal government and bp not doing enough to stop the pending disaster in the gulf of mexico and the slick is endangering a huge area of the gulf coast already, coping with a fragile economy and environment. julie kirtz joins me live from the washington newsroom. in a story being written, julie including "the new york times," comparing president obama's response to that of his predecessor's handling of katrina, what is this president's response? >> reporter: you know, the secretary of homeland security called that a total mischaracterization, as far as this being obama's katrina, janet napolitano today and the secretary of homeland security and, rather the interior were

both on the talk shows, they said that, listen from day one the administration has responded appropriately and strongly, here's their response to that criticism. >> i think that is a total mischaracterization. i think we'll be happy when all is said and done to be very transparent with all of the activity that has happened really from the first hours of the explosion. and those questions will be asked and answered but the key fact of the matter is, is that this has been all hands on deck, across the federal government with the states, with bp, from the day of the incident. >> reporter: as you know, the president's response, any president's response, to a disaster is watched closely, the public judges that, the president and his team in washington say, emphasizing they are prepared and planning for the worst and did that from the beginning and emphasizing they will stop or be satisfied until the leak is stopped and cleanup

completed. >> gregg: do federal officials know why the blowout preventer, the mechanism that is supposed to close the leak, why it didn't in the first place. >> reporter: it's a huge mystery and the head of the coast guard, the point man for the president, thad allen said they don't know why the blowout mechanism sit in work and they need to find out. here's his answer to that: >> i think we'll have to find out why it didn't actuate, it is supposed to be a fail safe mechanism and there will be an investigation conducted between men rales management service and the u.s. coast guard at the direction of secretary salazar and secretary janet napolitano. >> reporter: more questions than answers on what caused it and why they can't shut it down. >> gregg: dire warnings today from top administration officials on the sunday talk shows. what did they think is the worst-case scenario? >> reporter: i think preparing

the public for worst, they said 60 to 90 days, just to cut off the oil leak, that doesn't deal with cleaning up the mess, in the gulf, that is three months from now, in other words, the oil could be spilling into the gulf waters three entire months. worst-case scenario. >> gregg: it's hard to get your head around that. as it continues, thousands of gallons per day. all right. julie kirtz, thanks. >> reporter: sure. >> patti ann:... police and fbi are chasing down leads in the attempted bombing attack on times square. forensic evidence has been collected from the scene and surveillance footage caught portions of the vehicle's arrival in times square as well as video of the suspect. n.y.p.d. commissioner ray kelly broke down the latest not long ago and david lee miller is following the action in new york. what is the latest? >> reporter: one of the things that the commissioner talked about, of great note during the news conference was a claim by

the taliban in pakistan that the group posted on the islam in web site, saying it was responsible for the car bomb here in new york's times square, and the commissioner said so far nothing whatsoever links the group to what happened there and in fact nothing can be ruled out and the commissioner said, too, there is a great deal of evidence that is now in the hands of authorities, they have the car, incendiary device and surveillance tape and he said they have identified the owner of the nissan path finder and were able to track down where the license plate came from, from a truck in connecticut, a truck that was in the shop, we are now told, that was being repaired. also, during the news conference, police commissioner ray kelly gave a detailed description of the incendiary device as it sat in that suv. here now is what he had to say. >> on the back seat of the vehicle were two full five gallon red plastic gasoline containers.

between them was a 16 ounce can filled with between 20 and 30 m-88 devices. two clocks on the back seat floor of the vehicle were connected by wires to that can. and, possibly the gun locker as well. >> reporter: when he talked about the gun locker, it was a 70 pound locker the authorities took with them, they were able to open the gun locker safely inside, they said they found a granular type of material that has a look and feel of fertilizer. and for many, that is an ominous reminder of what happened at oklahoma city. so far, the authorities have not confirmed the contents of the gun locker as they continue to investigate. >> patti ann: and what do they say about the owner of the suv. >> reporter: the police commissioner was asked that specific question and only revealed the fact they've now identified the owner of the nissan path finder. they would not elaborate any

further. but some of the key evidence in this investigation will not only come from talking to witnesses, possibly the owner of the vehicle but from the surveillance tapes that he talked about. there are many surveillance cameras in and around times square and the commissioner said as many as 30 cameras have now had their tapes reviewed. the commissioner also said authorities are now traveling out of state to talk to a tourist who may have very helpful information. again, here's what he said: >> detectives also are en route to a town in pennsylvania where a tourist believes he may have captured the suspect's image on his video camera. >> reporter: now, we heard a great deal before this news conference, particularly from mayor bloomberg, a crude or amateurish device, heaved and now appears authorities may be backing off of that description. because they say this particular device could have been extremely lethal. patti ann. >> for sure, david lee miller,

live in new york city, thank you. >> gregg: up to 20 inches of rain falling in the last 24 hours, in tennessee. severe weather, killing 6 people, a tornado, heavy rains, and flooding across the middle and western parts of tennessee, forcing evacuations. closing down roads. damaging homes. chief meteorologist rick reichmuth is standing by live, now to tell us, when will the rain stop. >> rick: it is going to stop and take until tomorrow, we still have a lot of rain to be had across the area, completely waterlogged and up to 20 inches of rain in some cases, in less than a day. imagine that with almost two feet of rain and we might see 3-4 inches, some spots will exceed two feet of rain during the period, the burgundy counties, shaded in, have flash flood warnings going on and flooding concerns across areas of tennessee, into kentucky and there is' ridge of high pressure not allowing to it budge and

move to the east and the rain continues to fall in the same spots over and over and you think you are out of it, nashville but more will move in and pictures out of nashville. you can get an idea of just how devastating this has been. one truck overturned here. the problem was with this storm, the rain came so quickly, that these waters rose, so rapidly, completely caught people unaware and stranded people all across the interstate, and we have seen pictures of homes, floating anything interstates, still they completely crumble, crushed up against semis and such that and rain will continue to fall... back to the weather picture -- there is the doppler radar estimate from the storm. you see, areas of white and purple here, that is 15-20 inches of rain and anywhere that is red is 5-8 inches and we are talking about a large area, seeing a lot of rain in such a shore period of time. this is a hydrograph and gives you an idea where the water

levels are on gauges along rivers and the blue line, the river has been running, 2-3 feet, and, in a period of five hour, it spiked up to 42 feet. talking about a 40 foot water rise in this river, in a four or five-hour period, that is where you see these devastating pictures we have been dealing with. we have more rain to be had, during the overnight hours tonight and will be a little bit lighter across the central sections of tennessee, but some storms that will come up could put 2-3 inches, maybe locally, 4-5 inches, and will continue to cause problems. by tomorrow it will move farther towards the south, heaviest rain moving across parts of southern georgia, panhandle of florida and into alabama. a long night ahead and will take a few days to get a sense of how severe this has been for so many people. >> gregg: all right, tough several days for those folk. thanks. >> patti ann: thousands of protesters taking to the streets that weekend across the country over arizona's crack down on illegal immigration, the state's new law inspiring protests in

phoenix, chicago, dallas and los angeles and homeland security secretary janet napolitano says while all measures are being taken to security the border. policy change is needed. >> every resource can be put at that border is being put at that border and every security being made but we still need comprehensive immigration reform. >> casey steegel is live in phoenix. what cities drew the biggest numbers? >> reporter: patti ann, as you said, it has been an action-packed weekend and the biggest crowds were no doubten los angeles, 50,000 people took to the streets in downtown l.a., look at the video for yourself. gloria estefan leading the crowd there. 20,000 showed up in downtown dallas an 8,000 in chicago, new york, 6500 and 100 miles south of where i am standing 5,000 to 6,000 people showed up to protest in tucson, arizona. but, a lot of the eyes were right here, in phoenix, at the

state house where governor jan brewer signed the controversial immigration reform law, more than a week ago that allows police officers to question a person's immigration status and request to see their papers if they suspect they're in the states illegally and people protesting here and around the country say it promotes racial rifling. >> it takes one or two -- profiling. >> it takes one or two cops, to -- really violate somebody's rights and that is wrong, i'm american and that is not why my forefathers fought in americans wars. >> reporter: even though this is a heated and contentious issue, no major incidents of violence or arrests reported. more than 30 people were arrested in washington, d.c. in a protest there. but, again things for the most part are quiet an end the country. patti ann. >> patti ann: do investigators have leads on the shooting of the deputy in that state? >> reporter: we need to be clear, that this is a separate

story. this is something not associated with those mayday events but, no doubt violence that has the state of arizona shaken and, members of the law enforcement community taken, because on friday, about 50 miles south of phoenix, a deputy was shot, while performing a -- police work in the desert and the bullet grazed him, dealing minor injuries and later on 17 suspected illegal immigrants were apprehended in that area and police say they don't believe they have the gunmen in custody but say three of the 17 people caught near the shooting scene have information about who is responsible and the manhunt is underway there and the good news, the officer is lucky to be alive, no doubt with minor superficial bullet injuries, patti ann back to you in new york. >> patti ann: casey steegel, live in phoenix, thank you. >> gregg: back to our top story, the massive oil slick creeping toward the gulf coastline and against the back drop of rising gasoline prices. folks are wondering whether the spill will cost them even more

at the pump and analysts say if the u.s. were to shut down gulf oil production in light of the disaster, everyone will pay the price. fox business correspondent present da buttner joins us now. the gulf accounts for -- brenda buttner joins us now. the gulf accounts for a third of our gas, and will the price goes up even if we don't shut down the rigs. >> yes. i believe they will. the question is, how much. i can tell you that our analysts here, chief analyst who made a lot of money in oil commodities markets, eric boling, thinks that gas prices are going to go up to $5 a gallon. the issue is not so much this particular rig, which was an exploratory rig and so, the market didn't really take it into account but there is so much more here. there are so many unanswered questions and that is what

causes speculators to jump into the market. oil prices near their highest levels in a year. and that is what will drive gas prices. the other issue is, what happens if we close down shipping lanes? louisiana, alone, handles 13% of u.s. petroleum imports. that could be devastating. to gas prices and, i think there will be some pain at the pump. >> gregg: if you are a ship owner you don't want to go through the muck. it will ruin your engines. and you have to divert that and it costs money and raises the prices for you and me and our viewers and the other wildcard here, brenda, is, what impact this has on future drilling permits, the administration steps back from its willingness to drill more places offshore what happens to oil prices. >> well, you know, the whole issue of offshore drilling has been such a political one, i

think it will remain that. especially now. but, some of the richest places for exploration are not being drilled now. and that leads us quite -- leaves us vulnerable. we're buying our oil from our enemies. that is a major issue. i suspect it will be highly political and if it means more regulation, more taxes on oil companies, because they are easy villains now, frankly, you know, it could have quite an impact. >> gregg: i was reading the department of fish and game web site report in alaska. caribou have not been adversely affected by human activities in alaska. they have adapted to people and machines. >> yes, now... that is a very good point and the caribou is

the poster animal, supposedly, for those who are against drilling. >> gregg: and they were worried about the pipeline disrupting them, well, they've flourished in the last 35 years, 6,000 to 27,000 caribou. we'll leave it at that. an interesting report, people can read it. it is on-line. thanks, very much, brenda buttner. >> thank you. >> patti ann: fireworks flying on capitol will, goldman sachs executives getting a grilling from senators this week. does anyone see the irony in lawmakers' be rating others for blowing americans' money? one person does, columnist michael goodwin and he'll join us next. and major flooding, taking a toll on tennessee, washing out roads, damaging homes, and, several lives lost. we'll have the latest on this dangerous weather. it's not over yet. ?

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>> patti ann: senators raked goldman sachs executives over the coals this past week, grilling them for hours about whether the firm made billions, betting on the housing melt down. politicians accused the company of helping crash the u.s. economy and the public scolding is now raising questions. were the corporate executives treated fairly by lawmakers? >> you don't want to answer my question, you don't have to. >> you are not really answering my question. >> if you have an adverse

interest to your client when are selling something to them you have the responsibility to tell that client of your adverse interests. that is my question. >> mr. chairman, just, trying to understand... >> no, i think you understand, i don't think you want to answer. >> patti ann: let's bring in michael goodwin, "new york post" columnist and fox news contributor. in today's column you quoted the president saying i think at a certain point you have made enough money, you say the statement is more evidence that in your words, washington has declared war on capitalism and those who dare to reap its benefits. what about that. >> look, patti ann, i think the hearing you showed there was part of a coordinated assault by the justice department and the securities and exchange commission and, by congress, on goldman sachs, and, on the financial system in general, and, president obama's remarks that you made enough money now, i really -- points out that this is not just about reform, this is about a larger issue.

about looking at capitalism, seeing the inequities invariably that come from capitalism, and, saying, we are going to stop that. we're going to limit how much people can make, and we're going to shrink these institutions and shrink their ability to trade and do all kinds of things that shrink their ability to expand and ultimately it would mean they couldn't create jobs and not that they couldn't make money and make bonuses but they couldn't create jobs and finance the economic growth the country needs and it is not only a war but a wrong headed war. >> patti ann: you acknowledge reform is needed but you object to the financial reform package currently being considered. what are the flaws that you see? >> i think it goes beyond reform to do what democrats in congress want to do. which has nothing to do with what happened in the last melt down. so, when you talk about taxing the banks for example, to pay

back the t.a.r.p. the banks all paid back their t.a.r.p. money. the federal bailout fund with large interest in many cases and it's not about making them pay back what they were given to bail out with. it was to make -- punish them, because there was an economic crisis. and when you look at what really happened it wasn't just the banks, it was fannie mae and freddie mac, the government institutions, really, that sucked up all of the bad mortgages. so, it was congress, encouraging a kind of free money spending spree. it was the federal reserve with low interest rates and there are a number of sources of what went wrong. yes, absolutely wall street, the derivatives need to be transparent so we know what instruments people are trading and need to know the size of leverage of the banks or anybody else, so they don't get in over their head and need to be bailed out because they are too big to fail. clearly, there is a consensus on wall street and in congress, to do those sorts of things.

when you say you are making too much money, that is a whole other kettle of fish and one with nothing to do with reach and everything to do with punishing capitalism. >> patti ann: your column points out that these moves against wall street, as well as the stimulus bill and health care overhaul, bailout, are all -- were telegraphed to us in advance of the president's election, when he made the comment about how good it is to spread the wealth around and you think it is all pieces of the same puzzle. >> take the health care, which i know everyone is familiar with. when you see it as part of a pattern it makes more sense, again there was a consensus about some of the reforms that needed to be done, not all of them but there were issues about po portability and people who are sick and need insurance at that point. there should be a way to get it. but that's not what happened. what happened was, an overhaul, a takeover to turn insurance companies into utilities and

ration not only the care they have to deliver, but also the prices at which they can charge it. that is not a reform. that is a takeover and i think something is at work like that with the banks, it is not reforming what is broken, it is about seeing it as an opportunity to expand government power and limit the private vector and unfortunately, people like to demonize those who make a big profit but, in fact that is part of what capitalism is now. the rough edges, absolutely, we should try to a certain extent to smooth them over so there aren't great disparities but we have to be careful in the meantime, we don't take away the great engine of job creation. because that is the capitalist system does inspire individuals and when you tell individuals your labors cannot be reward, we'll limit what you can do and make, then you begin to sort of temper the fires of capitalism, and, that is what will lead not to job creation but job loss. >> patti ann: michael goodwin,

"new york post" and fox news contributor, thank you for joining us. >> gregg: trouble in tennessee, raging floodwaters watching away cars, trucks, people, homes, the latest on rescue operations, next. honda accord and toyota camry stand behind their powertrain for up to 60,000 miles. chevy malibu stands behind theirs for up to 100,000 miles. which makes it pretty clear whose standing out front. a consumers digest "best buy" two years running. chevy malibu. compare it to anyone and may the best car win. during the spring event, qualified lessees can get a low mileage lease on this new malibu ls for around $199 a month. call for details. see your lal chevy dealer.

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>> gregg: bottom of the hour, time for top of the news, president obama in louisiana. hitting a first -- getting a first hand look at efforts to minimize damage from the gulf oil spill. the president vowing to do

whatever it takes to stop the crisis. >> patti ann: severe rain causing deadly floods in tennessee. storms there killed at least 7 people. two died in the fast-moving floodwaters. there are also reports that a tornado touched down in the area. >> gregg: homeland security secretary and former arizona governor janet napolitano firing back at accuzations that she is turning a blind eye to her home state, and theizati accusations the current governor and she says the border is under more control than ever before and the arizona new immigration law could invite profile. >> patti ann: the president took a brief moment to weigh in on the bombing attempt in the big apple. nicole collins followed it in our d.c. bureau. what was the president's reaction to the attempted attack on times square? >> reporter: the president commended the quick action of the n.y.p.d. and street vendor who called attention to the suv and the president said state and

local officials have the full support and cooperation of the federal government and adding the national security team is taking the necessary steps to assist in response efforts. >> president barack obama: we'll do what is necessary to protect the american people and determine who is behind the potentially deadly act, and, to see justice is done and i'll continue to monitor the situation, closely, and do what it takes, and, at home and abroad, to safeguard the security of the american people. >> reporter: president obama spoke with new york mayor michael bloomberg, right before making those remarks. the president said he wand to be sure state, federal and local authorities were coordinating properly. patti ann. >> patti ann: new york lawmakers commented today. what do they say they need from the federal government? >> reporter: in a word, patti ann, money. we heard from congressman peter king and senator kirsten gillibrand and both commended the inside response but they need more funding to protect the city from terrorism and issued a

statement that says more homeland security dollars are critical to prevent the worst-case scenario. a dirty bomb or nuclear attack on our city. i will continue to work with my colleagues in congress to bring these resources to bear. earlier this week both lawmakers contacted house and senate appropriators in an effort to get $20 million for the continuation and expansion of a program, that aims to prevent nuclear and radiological terrorism in the new york metropolitan area. so, new york lawmakers hoping to see that money in the budget. >> patti ann: nicole collins, live in washington, thanks. >> gregg: torrential rains spawning deadly flooding in tennessee and the governor confirming that 7 people have died in weather related incidents. this as rain continues, to fall across the region, elizabeth is live in our atlanta bureau and any relief in sight? >> reporter: not really, gregg. this is an historic amount of rainfall that fell on tennessee and the governor announcing and confirming, 7 people have fallen

because of the storm and he doesn't know the extent of the damage yet. we got new video, where you can see, people are in water up to their waists and volunteers and emergency workers are rescuing people from heavily flooded areas and continuing to pummel the southeast, it is unprecedented and radar estimates show up to 20 inches of rain, falling in the last 24 hours. in tennessee. and road closures continue to hamper rescue efforts, while residents deal with water starting to seep into their homes. gregg. >> gregg: the state national guard obviously has been called in. what are they doing to help. >> reporter: their searching for people in low-lying areas and people who are stranded. rescue workers rescued about 50 people, in nashville, just yesterday. we've also seen video where people had to leave their cars on i-24. just to watch them float away, the floodwaters can be dangerous and unpredictable and rise

quickly. >> gregg: elizabeth brandt in atlanta, thanks. >> patti ann: tens of thousands protest arizona's immigration law and rallies taking place across the country for a second weekend in a row and could the law be tossed out in court? there are legal challenges in the works working to do that. our legal panel weighs in, next. unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. also available in small, easy-to-swallow petites. citracal. why are my numbers all over the place? are you looking for answers? the accu-cheiva syst now has new tools

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to plaque buildup in my arteries. that's why my doctor prescribed crestor. she said plaque buildup in arteries is a real reason to lower cholesterol. and that along with diet, crestor does more than lower bad cholesterol, it raises good. crestor is also proven to slow the buildup of plaque in arteries. crestor isn't for everyone, like people with liver disease, or women who are nursing, pregnant, or may become pregnant. simple blood tests will check for liver problems. you should tell your doctor about other medicines you are taking, or if you have muscle pain or weakness. that could be a sign of serious side effects. while you've been building your life, plaque may have been building in your arteries. ask your doctor if crestor can help and go to crestor.com to get a free trial offer. announcer: if you can't afford your medication, astrazeneca may be able to help. >> gregg: arizona's law cracking down on illegal immigration is

already facing lawsuits. opponents challenging the law's constitutionali constitutionality, how good they're legal challenges and will they set precedent or could we see other states strengthening their own immigration laws? let's bring in our legal panel, quic good to see you both. two aspects to the law, preemption and civil rights and let's take them separately, preemption first, critics say the state of arizona is pre-empting the authority of the federal government to control and dictate immigration. but several federal courts said the states have concurrent authority especially where the state law simply mimics and doesn't conflict with the federal law. and indeed i looked at this state law in arizona, and it is almost word-for-word for the federal law. so, isn't that argument, by the

opponents of the arizona law, specious. >> you are correct, if it mimics the federal law it is fine, but the difference i see, is with the federal government basically they are not saying there is a reasonable suspicion. there is not this room for profiling. and, you are right. it is illegal to be in this country, when you are an immigrant and not here, legally and the state should have the authority but you can't have something that is i guess more intrusive or -- >> gregg: i would argue it is not intrusive and especially where the federal government abdicates its authorities states may under police powers step in and take over but, joey, a different question to you on preemption, the premium coursup the supreme court said the states may take steps to increase the enforcement of federal immigration laws but five different federal courts of

appeal ruled on state actions, which basically enforced this arrest of illegal aliens. the fourth, 5th, 8th, 9th, 10th circuit courts of appeals. >> that means little to me. first of all, on the preemption issue, it is preemptive, it is a doctrine that talks about the supremacy clause and has it been historically a federal matter and it has been a matter of national concern and it's not up to the state to impose its will and i think it is far more stringent than anything on the federal books and i don't think it is something similar to or consistent with federal law and, the final thing, gregg is what you have to do with all of the citations you cited, all have factual differences and distinctions and i don't think any of the cases you could cite in any circuit would mirror or parallel the law. >> clayton: i'll cite one, too, why did one of the most federal

courts of appeals in the land, the 9th circuit court of appeal uphold arizona's 2007 employer verification law, which mimics the federal law just as the current new arizona law mimics federal law. >> that was an entirely different statute. when you get to this statute and talk about having people carrying identification to otherwise establish they are in the country legally, when you talk about reasonable suspicion to believe somebody is an immigrant, because of their accent, skin tone? that is outrageous. >> gregg: the suspicion that a are here illegally, i read a nationally syndicated columnist and he told his readers, across the nashgs -- nation police are allowed to stop people on the street because of their ethnicity and race and that completely and utterly misstates

the law, i read it. police may only stop one, if there is another legal cause like a traffic stop. or grabbing somebody who is suspected of theft. >> the problem with that gregg is the term reasonable suspicion can be anything, the air freshener was on the ear view mirror and you are stopping these people, saying it was in the police authority. but we know, and saw it happen in new jersey with racial profiling, the reason they are stopping them is because of more serious reasons, okay. the color of their skin or if they look hispanic or any other type of -- >> gregg: and joey you are nodding your head. go ahead. >> what happens is, my concern, mirroring her concern, it is pretext. when you have the room for pretext an discretion, what constitutes reasonable suspicion, exactly? the fact of the matter is, you are leaving it to the authorities, to otherwise make the assessment and when you get into reasonable suspicion that

you are an immigrant, how do you make that assessment, gregg. >> gregg: the new amendment, section 2, which -- >> they said specifically... >> gregg: you can't use race. >> that is bogus, they did that to cover an otherwise -- and mask exactly what they'll done and figure, throw in a phrase that says you cannot stop people because they are african-american or... >> human nature, it is human nature and they won't say, i can't stop the person, because of y, y, z, they'll profile and that is the problem. why not have a probable cause standard, a more stringent...! one could argue that the new law makes racial profiling less likely and here's why: police, if they have reasonable suspicion after a legal stop the first thing they have to do is immediately contact ice to verify the legal status of person they are questioning. >> and the problem is, then you have innocent people who are being inconsequenced by police officers with all of the stop, like you said, carry your papers

and show you are and legal citizen. how fair is that. >> gregg: it will be a fascinating case and i think -- you guys have stated the other side very, very well. i tried to play devil's advocate here. >> the law is going down, gregg! >> gregg: i think it has a decent shot and you know why? chris kovach, the professor, at university of missouri, i believe it is. and wrote it en a way to get around all the legal obstacles. we'll wait and see. >> i can tell you as a professor, professors are oftentimes wrong. >> gregg: it has been a fun discussion, good to see you both. >> good to see you. >> gregg: a health risk exercise cannot remedy. why sitting down, all day long, may not just be giving you a sore back it may also be behind america's growing waistlines, and we'll tell you about that with our a-team doctor, marc siegel in a moment.

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just sore backs, and necks and may contribute to obesity and other serious medical problems, and dr. marc siegel, a member of the fox news medical a-team and contributor is here, to explain. >> hi, how are you. sitting too long today... >> patti ann: yeah! >> and we sit at the desks here looking at our laptops and that this is problem everyone has, times have changed. 150 years ago, 90% of us were farmers and, were farming all day long and gregg we talked about winston churchill, the -- writing his editorials standing up and hemmingway wrote standing up and these days it is hard to do that and we were told for years the chairs were good for our backs and turns out that is wrong, studies show you put too much pressure on the lumbar spine and it leads to back problems and you have problems with elbows and nerve rung through the elbow and carpal tunnel syndrome and medical problems. >> patti ann: and he mentioned obesity, apparently, sitting for

all those hours, actually shuts down your metabolism and stops production of certain enzymes. >> absolutely, and i want to shed light on that. we have been told, exercise and we go out and do our jog and walk and sit down and turns out, recent study have shown, when you sit down, the en sdmriems we need in the blood, -- enzymes w shut down and you are more likely to get obese and higher risk of stroke, heart attack and cancer and it's not just exercising, take breaks and get up and walk and go to visit your office mate and walk the stairs, park a few blocks from the supermarket. >> gregg: or get a standing desk. a lot of people can do that and you can do that at home and there are really inexpensive standing desks that i have seen now. >> i agree. and i write lying down if i'm working on a book, i cannot sit

for long and we should realize what we're doing to our backs, you can work standing up. i made joke about the notebook computer but it can be on a ledge and you be stand in front of it. >> patti ann: and bar stools, they say, because they force you to correct your posture, constantly and that is helping you to create the enzymes. >> sophisticated study, says when we sit in chairs, we make a "c" and we are supposed to make an "s" and this bar stool type thing, not a little beguone, bee at the bar you'll have the alcohol and a stool-type of chair is better than the office chair we use. >> gregg: what about these special chairs that somehow you lean forward and they transfer the weight to your knees. >> i don't think they are good, either. the whole problem is putting you through some contortion and depression look at our lifestyllifestyl -- and, look at, the planes and i tell

everybody to walk up and down the aisle, you get used to sitting. and they found when they studded obese people they tend to sit more and think sitting is what they should be doing and it is moving around, that is what they should be doing, simply walking around. will decrease your risk. >> gregg: get out and walk around. steak the stairs instead of the escalator. >> patti ann: i hope the bosses aren't listening, tomorrow, we will have no chairs. >> great, do something revolutionary. >> gregg: doctor, thanks. that's going to do it for us. >> patti ann: i'm patti ann browne, fox news sunday with chris wallace is coming up, right next. >> gregg: bye-bye. [ male announcer ] prilosec otc traveled to fairbanks, alaska.

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