and of a beard and inflatable bat and i'm touring city to city. who can say who won and who lost? i'm laughing because crying would be sad. >> so did he convince viewers that he is the victim? we're going to report. you decide about that. meanwhile, time for our slogan comes from jim in texas. that's a very big state. on mondays it's hard to get out of bed and we don't really want to do it but "fox & friends" is always up early to help us all get through it. >> live from not far from times square. it's "fox & friends" for a monday. and man, oh, man, when we saw the pictures on saturday night, it was like we have heard about car bombs in busy places in other places around the world but look at that, it was shortly after 6:30 when that particular nissan pathfinder was picked up crossing 45th street or down 45th going across broadway to a

place at 1515 broadway where it would park, the guy would get out and take off. >> i wish we could go back and rerack to that video. you can see the image of a man right here. watch him, taking off his shirt. apparently, they believe this is the suspect right there. he has a red shirt on underneath, a dark shirt over the top. here's the thing, there were 32 cameras in this vicinity of new york city or more than that, i believe, they've looked at 32. there are 82 cameras between 34th and 51st street thankfully but can they find this guy now, brian? >> here's the thing. they know -- they have a myriad of leads and i have the upmost respect for the nypd and their investigative unit. in fact, they have a couple of officers at least going over to pennsylvania right now for a tourist who claims they have better video of this guy. now, we know it's a pathfinder. we know it's a 1993. we know the plates go back to kramer's repair shop where he said they were fixing a ford and the plates were gone. they end up on this pathfinder so they have a few places to go.

what i was surprised at is right away, they say he's a 40ish-year-old white guy. to tell you the truth, i'm looking at that video. if they're look at the same video we're look at, i don't know if they are just placating the public. that doesn't look like a white guy. >> they're looking at a little closer view than we are possibly. why would they say? >> how about this? if they want us to help find them, give us the best video you have. >> you would presume that probably is. and what police investigators are looking at this videotape about in particular is that you notice when he walked up he turned around and looked back the other way. ray kelly described it as a glance. watch. he comes right there. there he comes. he's walking up. he turns back toward the area where the pathfinder was. inside the pathfinder, we now know that apparently there were a couple of analog clocks just really simple clocks. there's one of them right there. they were to work in tandem.

one was going to blow up three propane tanks. and the other was going to blow up cans of gasoline, some m-88's and some nonexplosive fertili r fertilizer. >> thank goodness this guy didn't have the same information that tim mcveigh had as far as what kind of fertilizer to buy. he did not buy the ammonium nitrate that could have caused a humongous explosion, not that this would not have killed people. it would have including all the pedestrians walking up and down 45th street in times square. but luckily, first of all, luckily the vietnam vet who was working nearby the vendor that saw the car smoking, luckily for him -- is he going to be on the show coming up? >> he was booked yesterday. yeah, he'll be on. the t-shirt salesman, the veteran and dwayne johnson with flashers on parked in an odd place. he pulled over at 6:28. within two minutes these two guys walked over and see them smoking and one of them heard

some cracking and ends up, it turns out it was firecrackers. bottom line is if they had lined it up right and wired it correctly, it would have worked. >> yeah. now you're wondering, why would they park it right there in the middle of times square? apparently, a taliban group that's already taken responsibility although authorities have said yeah, we don't really think that was even taped. that was probably taped before it, also another guy called the police and also e-mailed some various news outfits taking responsibility but they think that could be just a poison pen guy trying to smear somebody else. there is also another theory, that the car itself was parked at 1515 broadway and that is right under the lion king sign but right next to viacom which is the headquarters for comedy central. there are some who have put the dots together and said wait a minute could this be retaliation for comedy central and "south park" wearing the parody on the muhammad prophet thing where

muhammad, the prophet was wearing a bear suit? >> no doubt tons of theories going on right now as the new york police department and terror experts continue to hone in on those images of that man. coming up on our show, we are going to hone in for you and try to get more information. we'll have homeland security secretary janet napolitano, 7:30 eastern time and directly following that will be former new york mayor rudy giuliani who knows a thing or two about terrorism in this city. >> that's right. also, we should point out in the wake of this attempted car bombing, the tsa is ramping up security at airports not only for car bombs but also for people who are going through the turnstiles as well. >> i'll be one of them later on today. extra time going through security. rest of the headlines for this monday. fox news alert. pakistani taliban pledging to carry out attacks in the u.s. in two new videos that emerged after that car bomb attempt in times squarement one of the videos shows the guy that they thought they killed back in january, guess what? there he is on the video. no confirmation on when the

videos were filmed. it's believed they were taped early last month. president obama pointing a finger at british petroleum for that massive oil leak wreaking havoc along the gulf coast. >> b.p. is responsible for this leak. b.p. will be paying the bill. but as president of the united states, i'm going to spare no effort to respond to this crisis for as long as it continues. >> this as the president is facing mounting criticism now over the government's response to this disaster. craig boswell joins us live from louisiana again this morning. craig, what's the latest down there? i heard reports that some of these shorelines could be seeing the oil very soon? >> yeah, very soon, gretchen. you know, leaving part of that oil chain did make its way into some of those barrier islands and some of the grasses, the thicker part of that oil slick is a few miles, some estimates three miles, some nine miles apart. huge sense of loss and frustration in louisiana is

growing as the days go on. these boats will sit idle today, these charter boats and fishermen will not be going out. federal government has shut down more than 6,000 miles of fishing for here from the gulf of mississippi river and the gulf all the way over to the florida panhandle. the frustration comes in in the sense that all of that shoreline boom that they've been laying out, some 500,000 feet has been just whipped around by these high winds and waves, that oil whipping right over that -- over the boom heading right in towards the shore. also a sense of frustration in there's only five possible options on capping this well. the worst possible option is digging another well that could take months and they don't have that kind of time here. back to you. >> all right, we'll continue to check in with you, craig, throughout the morning. thanks very much for that update and another fox news alert now, the lone surviving gunman from the terror attacks in mumbai found guilty. he w he was convicted of killing 58

people in a train station in a 2008 attack. he faces a death penalty when sentenced tomorrow. they found two suspects not guilty of helping in that plot. iran's president mahmoud ahmadinejad set to face off with hillary clinton today in new york city. the two will speak at the united nations conference reviewing the nuclear nonproliferation treaty. it's aimed at stopping the spread of nuclear weapons. ironically iran's president has made it clear he's lobbying against a new round of sangzs for refusing to stop iran enrichment program. meantime, secretary of state clinton slamming arizona's new immigration law says she fears they will be questioned about the immigration status because of the way they sound. >> if you were visiting in arizona and you had an accident and you were a citizen from my state of new york you could be subjected to the kind of inquiry that is -- >> you don't think there's racial profiling?

>> i don't think there's any doubt about that. >> the law requires police officers to ask people to prove their immigration status if they have a reasonable suspicion and only then, that they have a reasonable suspicion they are illegal immigrants. major merger in the airline industry. minutes ago, united and continental announced they have agreed on a merger deal. the new airline would become the world's largest should it get shareholder and government approval. the company would keep the united name. critics worry the move would squeeze the thinning airplane line industry even more and drive up air fares with less competition. >> all right. 9 minutes after the top of the hour. you watched on 60 minutes and heard a lot about it. for the first time, conan o'brien speaking out about the big controversy involving late night television, the tonight show. how it went from jay leno to conan o'brien, back to jay leno again. we have not heard from conan o'brien because he got $33 million to not say anything. >> sure. >> last night, he began to talk. >> yeah, he sat down in his los

angeles area home. it's pretty clear that nbc really botched this thing. it was extraordinary, i get that conan has not yet spoken to jay leno. i get they have not talked on the phone. the fact that the guy who runs nbc has not spoken to conan o'brien is extraordinary. >> they were friends in college. >> they went to harvard together. >> who didn't go to harvard? >> that's why it's so extraordinary. here's the thing, when you look at jay leno, he's got a tv show. conan o'brien, he's got a new tv show coming up. do they both win? conan put it into perspective. >> jay's got "the tonight show" of a beard and an inflatable bat and i'm touring city to city. who can say who won and who lost? i'm laughing because crying would be sad. has jay reached out to you? >> no. >> no calls? >> no. i do not -- i do not think i'll be hearing from him. we should get him in here. is there going to be a surprise

walk-on? >> no. >> ok. but he called -- if you know his number, i'm sure he'd come over. he may have caller i.d. he won't pick up. >> see, my theory is who cares? this is an elitist attitude. i think he's making millions of dollars and 10% of our american people are out of jobs right now. we just had a terror scare in times square and we have the biggest oil slick spill in our country's history, who cares? >> you know what, i think it's like a distraction in that "the tonight show" has been around for 50 years and people think of steve allen, johnny carson, jack par and then jay leno takes over with all this controversy. i found this "60 minutes" known for confrontation, i'm wondering why they didn't roll out some of those quotes from dick ebersol and didn't just say, why is letterman, jimmy kimmel and company come to your support? what's that been like? then you could use leno for the correspondence show. >> exactly right. so what about it? did nbc do him wrong ultimately? here once again, conan o'brien.

>> so many people say this to me, hey, partner, you got screwed. and i always tell them, no, i didn't. i didn't get screwed. i'm fine. it just -- it didn't work out. >> you did get screwed. >> you think i got screwed. >> i think most people think you got screwed. jay leno thinks you got screwed. jay leno thinks he got screwed. >> how did he get screwed? i'm sorry. >> i don't think he's doing himself any favors of people watching him coming up with that kind of attitude. that's just me. maybe it's a woman thing. >> he laughed uncontrollably. i thought it was odd. >> it seemed a little uncomfortable but steve set the entire segment up, i think, very well when he said that americans are very discerning about who they allow into their bedrooms at night and that explains the attachment a lot of people have

for our late night. >> leno is back to winning again so there you go. >> another breaking story out of tennessee the state seeing some of the worst flooding over. we're live in memphis after this break. >> people inside this shop diving out of the way of a speeding s. u.v. >> yep. get out of the way. right back. [ female announcer ] kids who don't eat breakfast may not be getting the nutrition they need to keep their bodies strong. carnation instant breakfast essentials supplies the nutrients of a balanced breakfast to help build strong muscles and healthy bones. carnation instant breakfast essentials. good nutrition from the start.

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>> fox news alert for you right now. some tragic news out of south carolina. overnight, we learned one soldier died when a routine helicopter drill took a horrific turn. another soldier in the hospital right now. it happened at mcentire joint national guard. they were in an ah-64 chopper when it crashed. film director roman polanski speaking out about efforts to extradite him back to california to be sentenced on 33-year-old

rape charges. he says the effort is political motivated and unfair. on a blog, he writes the whole case is a lie. right now, he's under house arrest in switzerland. steve? >> meanwhile, it is some of the worst flooding that tennessee has seen in decades. at least 12 people have died in that state alone. it could get worst. they are preparing for the cumberland river to crest 10 feet above flood stage. it's expected to crest at around 50 feet later on today. tom dees from whbq joins us live from milliton, tennessee. good morning to you, tom. >> good morning, guys. if you don't know where it is, we're about 30 miles north of memphis. behind me is the charles w. baker airport. i want to step out of the way and let you have a look at this. we're actually about 300 yards from the river. that river has overflowed its banks and flooded out the airport. we're on a road known as raleigh millington road and you have two neighborhoods on this road.

one about 1/2 mile north of usment us. south of us we have the rest of the roadway flooded out and a neighborhood there having problems. we want to let you know that some 300 people have been evacuated and are currently in shelters including the first united methodist church in millington and the baker community center. we also understand that another 300 will be evacuated around the waverly farms community in this area. the river we're told has been raising at the rate of about a foot an hour. and as for flooding, we understand the big creek area and the millington area, that flooding has been controlled somewhat. we want to let you know, also, if you're looking for a place to s stay in the millington area, it's going to be hard to find. hard to find a place to stay if you've been run out of your home and you have the money to stay somewhere. tom dees, fox news. >> thank you very much for the live report.

let's take a look at what's going on weatherwise. and look at these numbers, the amount of rain that camden, tennessee wound up with 17 inches of rain during this rainstorm. nashville the rainiest day ever for a total of 14 inches of rain. here's the line of thunderstorms. for the folks who are out in millington and also western tennessee, the good news is things are drying out. but the storm is marching on. and as you can see right there, in portions of alabama and also portions of georgia, some spots could wind up with four or five more inches before it's all done and as you can see the rain now extends right up through the northeast. >> all right. straight ahead, navy seal accused of punching a terrorist could be in court today. is trying matthew mccabe a waste of time and money? see if they'll have the same verdict as the other two. greece accepting a bailout for the ailing economy to the tune of $146 billion. could this be the fate of several other nations? even the u.s.? >> hope not.

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>> the trial for a navy seal, matthew mccabe who is charged with the alleged beating of a terror suspect starts today down in norfolk, virginia. this after two other navy seals who were charged with failing to protect the detainee were already acquitted. joining right now is the lawyer for navy seal petty officer first class julio hartas, monica lombardi joins us from virginia beach. good morning to you. >> good morning. >> we've gone through two of these trials already and in both cases, both the navy guys were acquitted. why would this case with the same evidence and essentially the same witnesses and everything else, why would this be any different? >> well, it shouldn't be any different. you mean, we're hoping for the

same outcome. you know, the difference, is of course, this is the alleged assaulter. petty officer mccabe was supposedly the one who threw the punch. >> right. exactly. and there is also the damning testimony from a petty third class officer, demartino. tell us what he's said in the past two trials. apparently, he wasn't keeping his story quite straight, was he? >> no, that's correct. ever since he made the allegation way back in september, his story has changed. the one thing he does say is there was one punch but everything else about his testimony is completely different every time he testifies so this week should be interesting to see what he actually testifies to on the stand. >> he's the guy that says matthew mccabe did punch the terrorist. but as you just pointed out just the one time. now, there are going to be rallies all across the country in support of mr. mccabe, you know, to show him that as they start jury selection and

everything else today, that there are a lot of americans who are behind him. in this trial, though, what's interesting is the alleged terrorist is not going to testify. why is that? >> well, the iraqi government won't let him come to the united states to testify. so that's why we were in iraq. we had the live testimony. he will be testifying with a video deposition that was taken last week. so that's what the jury is going to see. >> monica, at the end of the day, though, this guy is a terrorist. i mean, why should they even be playing his testimony at all? how can you trust him? >> you can't and i think that's the great part about playing his testimony is that hopefully the jury is absolutely going to see right through his lies and not believe him. so it does help petty officer mccabe's case. >> and we've been following all three of these cases during the entire episode here. it is -- is it in your estimation that mr. mccabe will be found not guilty by the end

of the trial? >> oh, yes. we really hope so. i mean, we can't be 100% sure, you know, juries are different and it's a different judge in this case so there may be some different rulings but we're still fairly confident that he will be acquitted. >> all right. monica lombardi, attorney, we thank you for joining us today from virginia. >> thank you. >> off we go to the green room and he's standing by there live with me over his shoulder. >> i've committed the entire three-hour rundown to memory. up next is stuart varney, tell us what's happening. >> greece is accepting a bailout for its failing economy. should the u.s. take notes? stuart varney from fox business is next. bri brian? >> it was a close call for a bunch of people that just wanted a haircut. a car rams through a wall narrowly missing a customer. no time to tip the shampoo girl. there's a car in the waiting room. happy birthday to cheryl burke.

she turns 26 today. doesn't she look wonderful, stuart? >> better than you. >> thank you very much. ♪ can't help it, can't help it ♪ ♪ can't help it, no no no ♪ ♪ you drive me crazy and i just n't stop. ♪

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neutrogena recommended most by dermatologists. >> all right. if you're just waking up, half past the hour of 6:00 on the east coast. thank you for joining us today. greece getting a huge bailout from the international monetary fund but it's got to make big cuts now to worker entitlements as a result and people there are not happy. the key here, though, is the u.s. headed down the same road?

stu varney of fox business varney & company has the answerses. we've watched the economy crumble. what are the latest measures they've done there? >> they're going to go into a depression. there's no question about it. they are cutting back on their economy, cutting back on government spending and in particular, cutting back on public workers and their salaries and their pensions. now, they have to do that because they're in extreme position. they've been so generous to their public workers, that's one of the reasons why they're bankrupt. now, america is going down the same road. but we've got a long, long way to go before we're anywhere near in the shape that greece is in now so government workers, here's what they're gonna do to their government workers, ok? they're going to lose. they're going to take away two months of government worker pay. sounds terrible, doesn't it? until you realize that they used to get 14 months pay per year. so that taking away the extra two months only for those making less than $4,000 a month.

>> ok. >> that's not it, is it? when it comes to pensions, greek retired people get 14 months of pension pay. well, they're going to take away the two extra months but only for people who make less than $3,000 a month. >> and there's going to be massive protests about this but the germans are the ones that are bailing them out and it's the german parliament oks the $145 billion loan, that is what is going to bail out greece. but the people of germany are outraged. they work twice as hard for less money and have less benefits and they have to bail out a fellow european nation because they've had it easy for so long. >> don't think this is an automatic bailout. it is highly probable that it's going to happen. it's a loan. yes, it's a loan. >> parliament might not approve it. why would they do it? they're all on the euro. >> europe has fallen to pieces. they're all bound together by this -- he knows a lot about currencies, doesn't he? they're all bound together within the euro and the splits are becoming apparent. why should the germans have to

pay these outrageous pensions for retired greek government wo workers? >> what about here? if we're looking into the future of greece, is that the u.s. down the road? >> well, it's arrived in america already at the state level. california, new jersey, new york are essentially insolvent in part because of the lavish benefits given to retired state workers. >> and you look at the backlash that republican governor chris christie is getting in new jersey. he's trying to be the new sheriff in town, trying to say, look at these jackpot deals that the pensioners in the teachers union and the police and fire and everybody else, we got to pull it back. and the unions are really pushing back. >> that's going to be the headline of the future. what will unions do when -- municipal workers union, what are they going to do when faced with serious cuts? either layoffs or reducing in their pensions and benefits. i'll tell you what they're going to do, they'll go to the federal government for a bailout. >> i'll tell you what they're

going to do, they'll go on strike. >> there will be some of that, yeah. >> there is word that through the imf, the u.s. somehow will be bailing out greece which is an outrage. >> america contributes to the funds available to the international monetary fund. the imf is going to be part of the bailout of greece. therefore, some american taxpayer dollars, i don't know how much. i'm told it's in the region of $6 to $7 billion will go via the imf to the greek bailout. >> that's chump change in today's trillion dollar talk, stu and i'm being sarcastic. >> $10 billion used to be a lot of money. now it's a trillion. >> catch stu varney today on the fox business network. always good to see you. >> i'm completely bummed out. thanks a lot. >> it's reality! it's a dose of reality. wake up and pay attention. >> i know. >> don't yell at stuart, he might not come back. >> if you're not careful, i'll be back. >> 25 minutes before the top of the hour on this monday. some headlines, a homicide bomber in afghanistan leaves one

person dead. the suspect blowing himself up right outside the c.i.a. base, camp chapman, that was the worst base hit when seven c.i.a. agents were killed at that timed. >> a device that looked like a pipe bomb found near the finish line of the pittsburgh marathon. they stopped the race while the bomb squad removed it. after checking it out, investigators determined it was not actually an explosive device. brian? >> more than two million people in the boston area still without clean water right now after a massive water main break. they're under a boil water alert. two consecutive negative tests for contamination are needed before lifting that order. gretchen? >> check out this video with seconds to spare, people forced to dive out of the way after an s.u.v. comes barrelling into a barber shop. there it goes. it happened in encino,

california, the driver misjudged a turn crashing through the front window going 40 miles an hour. two people suffered minor injuries. >> that was a close shave. all right, time for the playoffs report. >> let's go to the second round where the jazz were waiting for the lakers. they played game one in los angeles for the third consecutive year. all right. how did it go for the lakers? well, they almost lost this one. lakers had to rally late for the victory. kobe pretty good as usual. he's still hurt. 11 of 31 points came in the fourth quarter in the final four minutes, i should add. lakers go on to win 104-99. game two tomorrow night. they'll wash their uniforms, i promise. golf now, big news entering this weekend's event, the quail hollow was without tiger woods. he missed the cut and quit on the last few holes. pga shows it's more than one golfer. rory mcelroy won yesterday with a final round 62. he's 20 years old and he beat out phil mickelson. he's the youngest player to win

an event like this since 1967. old saying in football that goes around. says you have to keep your head on a swivel. in arena football that really applies and applies to waitresses as well. check out the iowa barnstormers. receiver todd blythe as he makes a catch, gets way too close to a waitress. she breaks his fall. former tampa bay storm quarterback jay gruden was there, the brother of former bucs coach john gruden. >> that ponytail was flying. >> absolutely. >> what's coming up on the radio show? >> coming up on the radio show, j.d.hayworth will be joining us as well as ambassador ryan crocker. he made things work when he was over in iraq. now, ambassador ryan crocker will give us his thoughts about an election that won't end. i mean they have a winner but the loser won't lose. >> exactly. that comes up eastern time 9:00 a.m. on the satellite radio and

elsewhere. meanwhile, the man hunt is on for the guy or guys who left a bomb in the middle of times square. now surveillance video showing one man changing his clothes near the explosive packed s.u.v. we have live in times square with a reporter coming up next. >> protesters are taking to the streets to fight arizona's new immigration bill. what about the americans living near the border? are their voices being heard? a fair and balanced debate next. >> and the u.s. and iran face-off at the u.n. today over nukes. who invited this guy? should the iranian president mahmoud ahmadinejad get a platform to push his nuclear propaganda. there are no other world leaders there. he comes to the u.s. how dare he. >> members only. first, our quote of the day, who said this -- ♪

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at world record speed. i'm luke myers. if you want to be incredible, eat incredible. announcer: eggs. incredible energy for body and mind. (guitar music) >> welcome back, everyone. arizona police are rounding up more than a dozen suspected illegal immigrants after a sheriff's deputy was shot and wounded. authorities say at least three of those caught may have been involved in friday's shooting. so is this latest incident further proof that arizona's new immigration law is a necessity? joining us for a fair and balanced debate is radio talk show host mark larson and frank sherry, founder at america's voice. you've lived in a border state california in san diego 34 years. if you live in one of those border states, you say you get this law in arizona. no way. >> i would love to see the administration get out and see people once and a while.

i love to see the same kind of energy that went into the president's fine remarks at the correspondents dinner put on to this. if you get out there and see what's happening, you'll realize they've been talking about a variety of blends and security and all of this for years and finally when you realize the federal government is not doing what the government should do, if you're arizona, for example, what's your choice? >> frank, i know that you disagee with that and now there's a lot of pro immigration rallies go on over the weekend. what about the people who live in the united states, who live that these border states and know what they're dealing with. >> i think the concern about border violence and drug smuggling is entirely legitimate. there's 6,000 federal agents now in the arizona border region. if there needs to be more and there needs to be a better deployment of them, i'm all for it but the idea that the solution to drug smuggling and border violence is to make hispanics in the state of arizona a suspect class, i think that's the wrong way to go. we've got to do a better job on

border violence with federal agents working with state and local authorities. we have to have comprehensive immigration reform passed by congress. i don't think this arizona law solves the problem but divides the state. >> so far, janet napolitano who ironically used to be the governor of arizona and knows the situation there is not going to send extra national guard down there. so is the obama administration to blame here and will this spur them federally to make a move? >> i think the feds need to do what -- first of all, enforce existing laws. let's start with that. beyond that, this whole thing gets demagogued so much that immediately as if the law enforcement authorities are going to drag people from cars because they have a hispanic accent. they're taking precautions. they've even adapted the law, the way i understand it, to take extra care. take extra training. it's not starting tomorrow morning. the fact is the numbers in the phoenix area, for example, throughout tucson and so forth don't lie. if you look at the vast majority

of immigration that's coming from mexico and illegal immigration is what's being talked about here, not the way it's demagogued, it's about immigration per se and the police, the law enforcement authorities have to have some -- some dramatic reason to question people, to ask about their papers which is what people love to use. >> frank, you talked about the fact that we need comprehensive immigration reform. let's face it. both political parties have put this off for the last decade. doesn't it all come down to getting elected. i mean, politicians need the hispanic vote, right, so nobody wants to make a move. >> that's right. well, the reason the arizona law was passed into law and signed by the governor is governor brewer has an opponent to her right who is challenging her on immigration. john mccain has an opponent to his right, j.d.hayworth. this is the incumbent protection law, not the arizona safety law. look, there's a reason why marco rubio and karl rove and jeb bush and the arizona republic are against this law because they realize it goes way too far. it's going to make anyone who is

hispanic 30% of the state suspect when there is a solution. john kyle and john mccain used to fight for comprehensive immigration reform which not only gets tough at the border but cracks down on illegal hiring and makes sure people here are legal. that's the kind of commonsense solution we need. >> are some of these politicians like governor perry in texas and governor schwarzenegger in california and former governor bush in florida are they against it because of the vote but because of the way that's how they really feel? >> they have to look at their individual state situations and frank is saying a lot of the right things. we would agree on -- if we just lay it out in rhetoric here but frank, i don't know if you've changed your tune to back where you were for sanctuary cities, boston, for example, there's -- there's a lot of talking that gets done and nothing gets done and the numbers keep going up and the statistics keep going the wrong way. >> the sponsor of the arizona law didn't say anything about border violence. he said we want to drive latino immigrants out of the state. that's the purpose of the law.

we should be crack down on bad employers who are the magnet that brings illegal employees to the state. >> there's so many pieces to this very complicated puzzle. mark larson, radio talk show host and frank sherry, very interesting debate. thank you very much for joining us this morning. >> thanks. >> coming up on the show, the nuclear nonproliferation treaty gets under way at the u.n. guess who is speaking. that guy right there, iranian leader mahmoud ahmadinejad. the country claims its nukes are for energy but a former iranian revolutionary guard member says that's a lie and they're going to be with us next. first, the answer to the quote of the day. who says -- i have astigmatism.

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>> now we have the late e developments for you in the times square car bomb scare. new video released overnight shows the suspect, the alleged suspect moments before the chaos broke out. joining us right now, live from times square is our affiliate reporter from wnyw, jon huddy. good morning to you. you're right there where everything happened. >> yeah, good morning, steve. i apologize for my look. it's raining right now and i threw my umbrella down because i want to set the scene for your viewers real quick. we're on 45th in between 7 and eighth avenue. we're on the north side of 45th street here in the theater district, what's called the theater district in the heart of times square. where this vehicle, this gray 1993 nissan pathfinder was parked was just down the block here and if you can pan down, can't really see it but the lion king awning, it was parked just beneath that. now, this potential suspect,

according to authorities got out of the vehicle. he walked up the block here, 45th. this would be the south side of 45th street and slipped into shubert alley right there and he stopped where that guy is walking with his back towards a security surveillance camera here at junior's restaurant and bar. that is the cameras kind of up in the corner and may be hard to see for the viewers. that's apparently the camera that caught this guy on video. now, this suspect stopped, he looked around, kind of nervously. he took off his top shirt, a black t-shirt revealing a red shirt underneath. he put that shirt into a bag and then continued south towards 44th street. now, authorities say this is a white male in his 40's. this is a very key piece of evidence. they're really zeroing in on this guy trying to find out who this guy is and also, you can see -- walk with me over here,

sam, what are the nypd vehicles. these are the technical assistance response units. these are the folks for the nypd who review the surveillance video and there's a lot in this area, dozens and dozens of security cameras and in fact, walking down schubert alley, i counted four surveillance cameras including one in the restaurant here. they're looking at that and looking at another key piece of evidence, the vehicle license plate, connecticut issued license plates that were apparently taken from a repair shop in connecticut and then sources tell us somebody was trying to get rid of those plates. so obviously, authorities are really zeroing in on this potential suspect who, as i mentioned was caught on surveillance video. steve, back to you. >> all right, while we got you right there, there's one -- you know, people are trying to figure out why somebody would try to do this, some taliban group took credit for it although that's been discounted. some guy called in, they think he was just a kook but some have

suggested, perhaps, it's retribution for comedy central running that episode of "south park" where they made fun of the prophet muhammad. show us where the headquarters doors of viacom in relation to where that vehicle was parked. >> i believe it's kind of across the street here. it's kind of -- we're a little bit obscured now because of our live truck and some of the other vehicles so it's a little hard to see. but, you know, really what we got is a very clear view of schubert alley right there and commissioner ray kelly during a press conference talking about the comedy central and "south park" stuff and said we're not going to discount anything. of course, right now, authorities are saying they don't have any credible link or motive right now for this possible -- for this attempted bombing and let me mention one thing for your viewers, ok, this is the theater district. saturday night, it was a beautiful, warm evening. this area was packed. so as commissioner kelly said, the vehicle which was loaded with a deadly -- possible deadly

concoction of elements, if that would have been successfully detonated, he said it would have exploded into a significant fireball and at this time saturday night, unlike what we're dealing with this morning with the rain showers, it was beautiful. so it could have been absolutely devastating. steve? >> indeed. we certainly got lucky. all right, john huddy reporting from a very noisy theater district. we thank you very much for that live report. coming up shortly, to weigh in on this, we've got former new york city mayor rudy giuliani joining us and the secretary, that is to say, of the department of homeland security, janet napolitano. so you're going to want to stick around for the next half-hour. meanwhile, coming up, did president obama wait too long to react to the oil rig explosion? critics calling it his hurricane katrina. former white house spokesperson dana perino joins us in a couple of minutes to put it in perspective plus president obama takes the stage at the white house correspondents dinner and

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>> good monday morning, everyone. may 3, 2010. thanks for sharing your time with us today. new video released overnight. watch closely. see that guy taking off his shirt? could be the guy that tried to detonate the bomb in times square on saturday. are authorities any closer to finding this guy? we're going to talk live to the secretary of homeland security, janet napolitano, just 30 minutes from now. >> president obama lashing out at b.p. executives over the devastating oil spill wreaking havoc in the gulf. >> b.p. is responsible for this leak. b.p. will be paying the bill. >> that spill getting worse by the minute. is b.p. to blame, did our government act quickly enough?

is 11 days too soon or too late? there you go. >> meanwhile, an old adage is no excuse for not getting down. grandpa's dance moves all caught on camera. >> yes. be careful here, throw your back out. our slogan comes from scott in michigan. with fox on the tube, the minutes fly by so fast, new views and my friends make each morning a blast. >> good morning! >> good morning, everyone. >> and welcome aboard. not only to brian and gretchen and me but our old buddy dana perino is in the on-deck circle for a rare appearance live in new york city. >> spell that one, right? >> speaking about what's happening, dana knows this because i read her notes. immigration, all the protests of what happened over the weekend. you have what happened at times square and the underwater volcano that's happening in the

gulf. >> she'll be with us in about two minutes. >> first, we have a fox news alert. pakistani taliban is warning of attacks in the united states in two new videos that have emerged after that car bomb attempt in times square. one of the tapes shows the leader that was believed to have been killed in january. not so. no confirmation on when the videos were filmed. it's believed they were taped before saturday, before that attempted car bombing sometime earlier in the month. another fox news alert for you. , the lone surviving gunman from the mumbai terror attacks found guilty in a court in india. he was seen here during the murderous rampage at the train station faces the death penalty when he's sentenced tomorrow. he was convicted of gunning down 58 people at the station in november of 2008. the court found two suspects, though, not guilty of helping in that plot. you're look at new video out of afghanistan as a homicide bomber detonates a bomb leaving one person dead much the suspect

blowing himself up outside the c.i.a. base camp chapman. that's the same base where seven c.i.a. agents were killed in the worst attacks ever on the intelligence agency. video showing some of the worst flooding tennessee has seen in decades. 15 people have died as a result. right now, the cumberland river threatening parts of nashville. it's expected to crest today at 50 feet. and that brings in the weather picture with steve. >> yeah, let's take a look at how much rain they have received down in that region as we take our map information. nashville over the course of this storm has received close to 14 inches. yesterday, the rainiest day in the history of nashville. they got over six inches. camden, tennessee, 17 inches. bowling green, 8 inches. it has been absolutely a frog strangler as we say back home. meanwhile, the heavy -- take a look at where tennessee is. good news is the storm has moved out of western tennessee and moving into eastern tennessee and also the mid atlantic as well. it's going to be rainy there but

with any luck, the flooding should recede over the next couple of days. precipitation, accumulation, glad you asked over the next, you know, day or so with this storm. some spots could wind up with three or four inches of rain and this shows you the wind and it pertains to the oil spill and as you can see now, the winds are sotherly which are now pushing the oil spill toward the gulf coast. >> at the top of her resume is fox news contributor but the second item below is former white house press secretary dana perino. welcome back to the couch. >> what happened to fox news contributor? >> that's first. >> first, ok. >> press secretary thing is now buried at the bottom. >> i know. no one remembers. >> yeah, right. >> but, dana, first off, your thoughts. you used to be in the nerve center when something like this happened in new york. your thoughts as this thing happens in times square. >> couple of things even as

gretchen was reading the headlines this morning, i remember very well those mumbai attacks in november of 2008, just the day before our thanksgiving and we were -- here in america, we have been very lucky. we're also very good. our men and women and in the intelligence community, in law enforcement and concerned citizens as we saw on saturday night, they're very good. other cities have not been as lucky and you have to wonder at what point is our luck going to run out? >> exactly. this reinforces the fact and we hear it from a lot of lawmakers and that is new york is always the target. it's got a great big target on it. and then the idea that eric holder, the attorney general is still going to go through, it sounds like that he would prefer to have the khali shaikh mohammed trial and the other terrorists done right here at this big target. does that make sense to you? >> it doesn't, and my former colleague wrote about this yesterday for national review and says it's time for them to give it up and for new yorkers demand they give it up.

new york is already a target. why bring khali shaikh mohammed and all of his hate to new york city and bring more attention and more focus and make it even a more valuable target for al-qaida? so i think that even though the administration kind of stepped back from having the hearings here or the trials here, in his testimony just two weeks ago, attorney general eric holder did not disavow it, he didn't back off and i think it's time now for the new york legislature and the mayor and the concerned citizens of new york to say enough is enough. we're not going to have that here. >> another huge story we've been talking about in the last week is this immigration law signed in arizona. and now, whether or not on capitol hill they will actually start discussing comprehensive immigration reform, a report out that rahm emanuel, the chief of staff to obama does not think it's a good idea because of midterm elections coming up. your thoughts? >> right, one of the things that occurred to me in talking about immigration in 2007, immigration is a divisive issue. not just divisive within the

republican party. it's an american issue that we're all grappling with and during that time of that debate, i remember hearing that rahm emanuel when he was in the leadership for the democrats in the house told members of the democratic party don't get involved. let the republicans fight it out. let them scratch each other up in the fight. and let us sit back. well, now they're not in that position anymore. they're in the position of leadership. i believe we do need a comprehensive immigration reform bill. do i think they're going to get one this year? i think it's very doubtful. and partly, that's because even president obama threw cold water on it the other day when he was coming home from one of his trips. >> the other problem is harry reid wants it. >> he's up for re-election. >> maybe he believes, as i do, that we do as a country need a comprehensive immigration reform bill. why does he think we need it now? that's because he's in trouble in november of 2010. >> let's talk about the comparison that you see, if any, between katrina and the anger directed to the president about his response and the b.p.

executives and this administration and their response to this massive oil spill. >> i think it does provide you a different perspective when now you're looking at a situation like this. what's interesting to me is that something like katrina which was a huge natural disaster which wiped out an area the size of the united kingdom, there was very little patience shown to the federal government. this, however, is an oil spill that was a man caused disaster and there's ultimate patience given to the obama administration for their response. >> they had 11 days. they were in contact with b.p. executives but had 11 days. here's the c.o.o., doug suttles of b.p. yesterday on "fox & friends." let's listen. >> who's ultimately to blame here? is it b.p.? >> i don't know. i actually don't know. my focus is getting this closed up, cleaning this thing up and minimizing the impact. i mean, it's clearly hurting people. i understand that. and i want to minimize that. we'll find out later and we'll sort that out then. >> isn't it different here because you actually have

somebody to blame as opposed to hurricane katrina? who are you going to blame, god? here, you can blame b.p. and the president did so last night. >> well, right, and he called him out and we'll see, ultimately i think that the b.p. executives should say we'll take the responsibility that is ours but what we're focused on right now is getting it cleaned up. we don't know what happened. it will be interesting to me and i'm not trying to introduce the conspiracy theory, was this deliberate? you know, you have to wonder -- >> sabotage. >> if there was sabotage involved and this company doesn't know that. >> they didn't make this platform. they leased this platform. maybe they didn't know what they were getting. >> that could be. they're going to be responsible party at the end of the day. what's really sad is how many people think their -- have their livelihoods all tied up in that gulf area and this is a huge disaster for them. >> but going back to when you were working for president bush, he got in big trouble and he was actually there within four days. it's taken president of the united states a dozen days to show up down there.

and what's interesting is president obama made no public comment about the -- what they're calling, perhaps, the greatest ecological disaster in american history, he made no public statements about it for nine days. if it's such a big deal, why isn't the president of the united states talking about it? >> maybe they were slow to realize how big of a deal it was. remember during hurricane katrina if you go back to the days leading up to it, president bush was encouraging the local officials to do an evacuation. now, arguably we should have pushed harder because new orleans was not like miami that had gone through several hurricanes. maybe we should have done -- there are certain things we could have done better as well. even in the lead up to that, we were focused on that. >> don't you think if your boss was in the chair during this b.p. disaster, what's going on in the gulf, if he would have waited nine days to say anything, waited a dozen days to show up down there, he would have taken a beating. >> of course he would. of course he would have. that's the way it is. >> to me, what's really fascinating is what the political ramifications, though,

are of the drill, baby, drill right now because almost immediately after this happened, or within a few days, then the obama administration mentioned that now they're going to put everything on hold after they had just announced last month they were going to oil up off-shore drilling. >> that's interesting, gretchen, because what they announced was a much less ambitious program than the one they inherited so they really weren't even going that much farther. >> they announced a mission to explore. >> right and the knee jerk reaction of not just the administration but also even governor charlie crist, we have -- we do have ultimately at the end of the day very safe off-shore oil drilling. people do it all over the world. this is a huge, huge disaster. and it has to be taken care of. but what's our alternative is to get more oil from other places like the middle east or other places. >> or some other -- >> and venezuela. we should be trying to get our own energy here and harnessing it. look at how much is down there, if it was safe and able to harness it. >> let's talk about what was going on at the hilton down in

washington on saturday night. here's the president of the united states. it's one of the few times during the year where he is comedian-in-chief. here are some of mr. obama's jokes. >> the jonas brothers are here. they're somewhere. sasha and melia are huge fans. but boys, don't get any ideas. i have two words for you. predator drones. speaking of tween heartthrobs, scott brown is here. unfortunately, john mccain couldn't make it recently claimed that he had never identified himself as a maverick. and we all know what happens in arizona when you don't have i.d. adios, amigos! >> apparently, the guys from "the daily show" at comedy

central helped write the jokes. isn't that cozy? >> isn't that convenient? that's good. what i heard was that a lot of people thought that president obama was even funnier than jay leno. >> he was. >> that often happens. comedians that come to that dinner in washington it's a tough crowd. >> there was a fox rep as usual but cnn actually took it even harder if you look at -- it was a weird attempt at a joke and the other one mentioned roger ales. he mentioned him again. he's obsessed. >> and sarah palin. those are easy targets. what's interesting and you read in "the washington post" today is when a president makes fun of himself. that's not what you got. >> he did make fun -- >> one joke out of 20, he did. >> and you find that amazing. >> i just find it interesting. i'm not amazed. nothing phases me anymore. >> we've been to a lot of those and my favorite of all time, though, was the dueling george bushes from a couple of years ago. >> that was great. i love that one and when mrs. bush took the stage. >> that was fantastic and she

mentions that in her book and thanks so much for all your help in setting that up. we're going to be talking with mrs. bush on wednesday. great to see you in the studio. >> all right. it's raining. go get an umbrella. >> she doesn't have to go outside yet. she wants to stay fort re of the show. if she does, she'll see the nuclear nonproliferation treaty gets under way today at the u.n. guess who is speaking, iranian leader mahmoud ahmadinejad. the country claims its nukes are for energy only. >> yeah, good. but a former iranian revolutionary guard member says that's a lie. he's in silhouette and join us coming up next. >> that navy seal accuse of hitting and punching a suspected terrorist goes on trial today. two other seals have been acquitted. is this trial a waste of time and money or will his be different? >> halle berry now single. why she and her model boyfriend call it quits. it turns out the canadian model didn't like to work enough. so r going to have the heart attack.

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>> we've been telling you about that bomb scare in new york's times square as police look for the man responsible. the question comes up -- is america taking its eye off those who wants to destroy us. peter johnson jr. joins us with his thoughts. >> good morning, gretchen. i turned on fox to see that someone tried to blow up the piece of times square. i used to work in the trade center that the terrorists destroyed. now i saw another building that i once worked in was in the cross hairs of a failed massacre. one of my daughters urgently asked us are grandpa and poppa ok. as we saw video of the toys r us store where we often ride the ferris wheel. it reassured me to watch the best policemen in american history police commissioner ray

kelly, but i asked myself -- is the rest of america as well prepared tactically and emotionally and as well served as new york city is? i'm not certain that we are. and i'm not sure that our federal government is acting on the gathering storm clouds. are we safer now than we were nine years ago? or have our officials lost their way? the signs seem clear if we're willing to believe them. carnage of madrid. the butchering of london. the madness of mumbai and then examine the evidence affecting americans here at home. the conduct of major hasan at ford hood. the christmas day bomber. one foiled plot after the other to devastate trains, planes, the brooklyn bridge, kennedy airport, oh, but they were merely amateurist plots, correct? we were really not in danger. the self-confident narrative goes.

yet, some of our leaders believe that political dissent from within our country is a true danger. that tea partiers and minutemen are actually the 21st century descendents of timothy mcveigh, that arizona law enforcement is the southwest's answer to gestapo police tactics. you know, in the coming weeks, i will ask and answer some of the questions that many of us are asking. are we sleeping while the enemy plans? do we ignore the lessons of 2001 in 2010 in the same way we ignored the lessons of 1993, the cole attack. is the department of homeland security protecting you? what's the prescription for truth? it's not a prescription of party, politics or ideology. it's about america's right to live free of the fear of terror and the terror of fear. because no child should have to

ask their father -- are grandma and pop-pop all right? gretchen? >> all right, peter, thank you very much. and coming up on the show, much more on this bomb scare. we'll talk to homeland security secretary janet napolitano and former new york city mayor rudy giuliani. so stay tuned for both of those guests. also, he is a former member of the iranian revolutionary guard turned c.i.a. operative and he has a lot to say about just how dangerous iran could actually be. he joins us in silhouette next. ) feeling back pain? dr. scholl's back pain relief orthotics with shockguard technology give you immediate relief that lasts all day long. dr. scholl's. pain relief is a step away. ♪ can't help it, can't help it ♪ ♪ can't help it, no no no ♪ ♪ you drive me crazy and i just n't stop. ♪

>> iran's president speaking at the united nations today uninvited at a nuclear conference. but while the u.s. is looking to enforce tougher sanctions against iran over its nuclear program, why is mahmoud ahmadinejad being given a platform to push his own propaganda? there are no other world leaders at this event.

we're joined now by a former member of the iranian revolutionary guard. he's changed his name and identity. he turned undercover c.i.a. agent for us. that is the reason we've disguised his face and his voice. he's the author of a book you got to go get "a time to betray" if you want to know what's going on in the inside of iran's higher ups. first off, why would mahmoud ahmadinejad come to the u.s. today? who is he speaking to that he possibly could want to win over? >> he's using this platform to express his propaganda and again, for peaceful energy which is a lie. >> what makes you -- we don't -- as a country, as a nation, we don't believe it's for peaceful purposes, his nuclear program. you were a member of the iranian revolutionary guard. what do you think his intentions are with this program? >> well, actually the president

has started -- that's what he's doing, it was in response to that. and they started that program to bring arms from pakistan and ended up getting the centrifuge, looking to obtain the bomb and they're going to obtain the bomb if we remain silent. >> and there's a way in which -- they have a plan. their plan at first, get long-range missiles and it's working in tandem with the nuclear program to, one, be able to hit europe and number two, be able to control the middle east and three, us, correct? >> absolutely. they've been working on pilot projects on uranium, plutonium and another system and their intention is to cover the whole europe and then take the world hostage many times over. >> this government is very unpopular with the iranian people you write in your book. however, there's a way if we're going to attack, there's a way to do it. if the u.s. was to attack,

number one, would you advise the president to do so? and where would you advise he hit? >> well, first thing is that negotiations and sanctions are not going to do anything. you have to understand that. second is that we have to take extreme action right now to create a crack in the establishment and let the people of iran know that we support their push for freedom. if we attack, we have to make sure we take up the resolution with the world and have the people overthrow this government. >> ok, we're just scratching the surface, ahmadinejad right downtown today talking to a bunch of people that i think are unconvertible. reza, former iranian revolutionary guard member turning undercover c.i.a. agent, thanks for joining us. all right. new video released of a man who was wanted for trying to detonate a bomb in times square. are we any closer to catching

him? why are nypd agents streaming to pennsylvania right now. ? homeland security secretary janet napolitano is live here now. then a navy seal accused of punching a wanted terrorist suspect going on trial today. is this trial necessary? is it a waste of money? there's no slowing him down, grandpa, a better dancer than me. a lot better. why is he so much better? who is not getting waited on while he busts to move? i have asthma. and that's what it sounded like when my symptoms came back. i'd get this tightness in my chest. like i was breathing through a straw. so i went back to mdoctor again. we talked about choices in controller medicines. we chose symbicort to help control my asthma. [ ] while it's not a rescue inhaler, symbicort improves my lung function, starting within 15 minutes. it helps give me the control to... [ inhales, exhales ] symbicort is a combination of two medicines. it will not replace a rescue inhaler for sudden symptoms and should not be taken more than twice a day. mbicort contains formoterol. medicines like formoterol may increase the chance of asthma-lated death,

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>> welcome back. about half past the top of the hour on this wet monday in new york city. hundreds are rallying in support of navy seal matthew mccabe across the country today as his trial gets under way in norfolk, virginia. he, of course, is charged with assaulting a suspected terrorist. they saw him sock him once. split his lip. two other navy seals linked to the incident have been acquitted. >> joining us is former navy seal scott taylor. scott, the first two went well. this one could be a little bit different because new judge, number one, and number two is this is the first one they're accusing of striking the terrorist. correct? >> correct. >> so does that make -- does that make you more nervous today for your buddy? >> i guess in a sense, yes, but

again, i've always stood by him and i think he's completely innocent and i think the results will be the same and i think that he believes they will be the same as well. >> right. also, we should point out that the member of the navy who suggested that he witnessed matt mccabe strike the terrorist, he in the first two trials kind of changed his story. it's interesting to see what he does say when things get going. i know you've spoken, scott, to matt mccabe in light of the two acquittals of his colleagues, how are his spirit? >> his spirits are great. we have rallies in fort worth, tampa, miami, norfolk, san diego, the new republic patriots have been helping out. we have about 100 folks coming out. he's very happy that and appreciative of all the support across the country. he's ready to get this over with and move on with his career and life. >> does matthew mccabe deny the fact that he actually hit this alleged terrorist? is that his claim, or he saying

he did and it was warranted? >> no, he's completely innocent. he did not strike this terrorist. he's passed a lie detector test as well and, you know, he's completely innocent. >> the petty officer, have yet to meet a chance the navy petty officer that said yeah, there's some -- he did get struck by matt. and he was bleeding? >> no, i have not -- i have not met this petty officer. >> how would you describe -- do you think that he made it up? was he looking for -- was he looking for publicity, ready to get back to you guys. you do some deep background checks. what would be the reason for a petty officer to put his career on the line this? >> you truly don't know. i have no idea. again, these three guys are innocent and two have been proven so and the third will happen today or tomorrow. >> so far, the prosecution and the government is batting zero, you know, they've lost the first two cases. does it worry you that now, you know, they're going to go full

steam ahead and try anything to win this case? >> it doesn't worry me. i think it's a waste of tax dollars but, again, i'm hoping that the same results will happen. if not, i'm confident he'll be found innocent if they move forward. >> uh-huh. scott, why is this trial in norfolk and the other two were over in baghdad? >> sure. well, you have three civilian lawyers. and the other two civilian lawyers requested that the accuser be present at the time of the trial. so those -- the judge ruled that those two trials will be held in iraq. mccabe's lawyer did not ask for that. so they just kept the trial here in norfolk. >> is it your understanding that the fact that these three are on trial after capturing a terrorist has put the seals and other special forces on their heels in similar circumstances because they don't want to end up on trial and have their careers and pensions in jeopardy? >> well, as you know, i'm here in virginia beach and i'm in contact with many folks who are on active duty and it sends a horrible message because they

have to worry about actions only objective while they're doing their missions and doing their jobs in iraq and afghanistan and it's a horrible message for our troops as well as our enemies. >> ok. scott taylor, former navy seal who is running for congress in the commonwealth of virginia, we thank you for taking time out of your monday morning to join us live. >> thank you, guys. god bless. >> you bet. thanks for your service. >> 25 minutes before the top of the hour. at least 12 people have been killed in tennessee, three in mississippi as floodwaters have engulfed roads and forced many communities to evacuate. look at those pictures. scores of highways are closed and weeks of cleanup are ahead for the residents. as we take a look at the totals of the rainfall, it's just a lot. look at that. nashville during the course of this storm has gotten 13 1/2 inches. camden, tennessee, 17. same for brownsville. and you got elkton, kentucky with almost 10 inches. and bowling green with 8. here's the map of particular

interest and that shows over the next couple of days -- over the next day or so how the rain is moving out of tennessee. and kentucky as well and moving toward the mid atlantic. the precipitation accumulation during the balance of this storm, some spots of the gulf coast up through dixieland will wind up with three or four inches before it is all done. and that's a little look at your fox travelcast. you can go to foxnews.com/weather for your personalized foxcast for your zip code. >> big story over the weekend continuing today, the man hunt now on for the person you see right here, look at that. that guy in the surveillance video taking off his shirt. the man believed to be behind the bomb planted in the middle of new york's times square. joining us now, homeland security secretary janet napolitano. good morning to you, madam secretary. >> good morning. >> i mean, how fortunate are we there are 80 some cameras in times square, one appears to have captured the would-be suspects. i mean, the damages are pretty clear. how close are you to knowing who

this person is? >> well, every lead is being pursued, pursued by a joint task force, the f.b.i., law enforcement officials from the department of homeland security. of course, the new york city police department. i would caution, however, against prematurely jumping to the conclusion that this must be the person who did it. certainly a person who was in the area, who would want to be interviewed. but other leads need to be pursued and are being pursued as well. >> madam secretary, i'm watching him and it looks like a pretty good shot. we don't see his face if it's the guy or somehow he must know something to be cautionary. you're taking his shirt off. are we to believe that the nypd has a better shot and if they do, shouldn't we share it so we can help find them? >> that's a question you should address to the nypd. >> didn't they tell you? >> again, there are lots of avenues of inquiry that need to be pursued here, the vehicle,

the type of explosion -- explosive device that was used. all of those sorts of things. so i mean, i think the key thing to keep in mind is that we're now at the beginning of the investigation process and not the end. >> other key thing, madam secretary is that this is terrorism. right? >> well, it certainly is something that i would not rule out. the way it was carried out, the kind of device that was used, again, until we know the perpetrators, the people -- person or persons who were responsible, you don't know the derivation and do not their intent. i would not rule that out. >> right. clearly the guy was trying to if not kill people, scare people which is terrorism. >> well, and we do know that if that, you know, if the explosions actually had been properly done and ignited, that would have been quite a fireball in that particular area. it was not properly done.

it was not effective. and one of the very significant things that occurred here was that street vendors noticed this truck improperly parked. notified law enforcement. law enforcement immediately took action. really an illustration about how everybody has the role to play. when we're talking about our security. >> right. i think the american public sees it as an act of terrorism but the proof will be in the coming days. let's move on to the arizona border situation because, of course, you were the governor of arizona before you became the secretary of homeland security. you testified recently in front of a senate panel saying that you believe that the southwest border is as secure now as it ever has been. however, the current governor, governor brewer in arizona, has said this recently about you. that you are now turning a blind eye to the reality of the situation there in arizona. how do you respond? >> well, first, let's be clear about the contechnicxt, what i is if you look at the overall

numbers, i'm talking as the former lead, federal and state prosecutor for arizona. i know this border issue very well. numbers have never been better in terms of illegal crossings, etc. that does not equate, however, to the fact that more needs to be done along the border and in arizona and in fact, is being done be more manpower, technology, infrastructure in arizona, than at any time i can remember. i would not exactly call that a blind eye. i don't like to get into that tit for tat. what we need to be doing is focusing on what needs to be done to secure that border and what needs to be done in the congress to get overall immigration reform. >> you are a member of the federal authority instead of just the governor of arizona. >> sure, that's the accusation, i think the question is what is being done. and then our -- what we're looking at is well, what more can be done? you know, you have, you know, a few years ago, you had 10,000 border patrol and now you have

20,000. a few years ago, you didn't have any fence. now you have 700 miles. few years ago, there was virtually no technology being employed on the border. now you have all kinds of radar and other systems. a few years ago, there really wasn't an effective interior enforcement system in place, now, in fact, we get accused on the other side of doing too much interior enforcement. so the law enforcement aspects all have been ramped up significantly in the past years and we want to continue to work on them. and of course, as i said earlier, immigration reform ultimately is going to have to be taken up by the congress. >> finally, secretary napolitano, the oil spill that's taken so much of everybody's time and now we're realizing the catastrophe which we're in the middle of. do you feel as though the b.p. was being candid with you about the scope of this underwater volcano? or did they not know it? >> i think that they had an

original hope they could get this ring capped, that they could get the well capped and the plain fact of the matter is that everything they have tried has failed. estimates in terms of leakage were always being independently modelled by the coast guard and i by the national oceanic administration so that issue by numbers is a bit of a red herring. >> before you go, your name has been suggested to be a new justice on the supreme court? if asked, would you take the job? >> look, i'm flattered to be mentioned but i think you can tell from this interview, i'm focused on a few other things right now. >> but if they asked -->> i don't speculate on those things. i have a big job on my plate right now. >> you do. >> no doubt. >> janet napolitano, secretary of the u.s. department of homeland security, thanks for your time this morning. >> you bet. >> meanwhile, we'll continue our coverage of the times square bomb plot former mayor rudy

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>> welcome back. we've been showing you this video all morning long. come to your tv screen if you're not watching right now. see that guy? police are looking for that man who they think could be the guy that planted the bomb in the middle of times square on saturday. >> we just heard from homeland security secretary janet napolitano. let's bring in former new york city mayor rudy giuliani. good morning, mayor. >> good morning. >> you were telling us in the green room new york didn't have enough cameras. >> we probably need more. we have more than anywhere else. i remember being in london for, unfortunately, when the bombing took place in 2005 and they had pretty clear images of those characters and had them arrested within maybe less than 24 hours. and the whole privacy issue, i

mean, i should point out there are more cameras there than when i was the mayor, mayor bloomberg was able to get more cameras in there. if we didn't have them, we'd be in a difficult situation right now. >> right. if that's the best picture we got, we're in trouble. >> i'm hoping and praying that last count i read in the papers this morning, they put 30 cameras, something like another 60 to look at. hopefully there's a better shot. remember the first terrorist incident i was in mayor, was a shooting on the brooklyn bridge when an islamic terrorist started shooting at a bunch of hasidic students that were coming home from school and we got him in about 24 hours. and we did it by putting out a lot of information about him and we got information from the public. public helped the police department find him and i think we arrested him in brooklyn within less than 24 hours of the shooting. important to get the guy right away because it calms everybody down just to start with and plus

we start to answer these questions about is he a lone wolf, is he connected, is he a copycat, is it islamic inspired. is it not. i mean, all those things need to be known. >> anyone who wants to blow up and kill people in times square, it's no doubt an act of terrorism. we just interviewed, though, the secretary of homeland security janet napolitano who refuses to say the word terror. is this a mandate within the obama administration? >> i don't know. i couldn't tell listening to it whether it was that or whether it was getting herself confused about whether it's a terrorist -- >> 10 guys. >> was it a terrorist, organized terrorist group that did it or was it an act of terror? it's clear at this point this was an attempted act of terror. we can being very clear about that. now the question is, is this a terrorist group behind it? is it a copycat of a terrorist group which we've also seen? >> the reason i ask the question, mr. mayor, if you have an administration that does not want to say the word terror, how do you fight terrorism? >> i've been -- first of awe, i hope that wasn't the secretary's reluctance but you are correct

the obama administration has had trouble saying war on terror, terror. i think you can't solve a problem until you can face up to it. >> overseas contingent operation. right now, "daily news" did an editorial and listed everything that happened in new york city. why is it the terrorist groups know how much a target new york city is but continue to get in there, whether it's farris or anybody else. >> it is a hard target. >> and hardened even more. >> you have a tremendous police department, the best in the country. largest law enforcement organization, larger than the f.b.i. you have an alert citizenry which is demonstrated in this case as well as an alert police department, why do you pick new york is it i was the former merrick be accused of parochial pride. it's the center of the world and in fact, they were trying to -- somebody was trying to do this attack in the center of the universe which is times square. >> we're almost out of time.

but there's some images out of the bomb and it's got an old timy clock, a couple of analog clocks. there it is right there. who does your gut tell you did this? >> my gut -- well, i could be totally wrong an hour from now. my gut tells me there's more of a lone wolf situation. and not an al-qaida inspired thing. now, here's what you don't know. what you don't know, you got three different kinds of situations. you got the al-qaida inspired done by a terrorist group. you got the lone wolf who is just a nut who knows what the motivations are. you got the third one that is a copycat, the one that wants to be serving the cause. we don't know yet. >> thank you for coming by. wish it was better news. >> straight ahead -- >> children medicines have been recalled, you want to pay attention to this, parents, there have been a lot of them recalled. exactly what you need to know next. resilience. elasticity.

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>> now, in some other news, ha halle berry's ex may not like this. hours after she announced the split to tmz the web site, the actress was seen in new york city with a new man. but berry and gabriel aubry called it quits, apparently, months ago. the canadian model will share custody of their 2-year-old daughter. meanwhile, meet the web's latest sensation, old man, that's what it's called as he busts a move at the consumer electronics show. >> hey, hey! hey! hey! hey! >> yeah. the video is the most viewed on you tube this week. shake it. very nice. all right. brian, over to you. try it. i dare you. >> a huge story, more than 40 over the counter children's

medications recalled and it happened over the weekend. >> including children's versions of tylenol, tylenol plus, motrin, zurtec and benadril. here with everything you need to know is medical a team, dr. manny alvarez. parents are freaking out. what should they do? >> right now, i would say whatever you have in your house, throw it out. these things are not very expensive products and the fundamental is the f.d.a. went into this plant in pennsylvania and looked at the manufacturing processes and they said listen, the quality standards here are terrible. there were medications that had more concentrations of the active ingredients, there were particles sometimes found in some of the liquid forms, some of the concentrations had under -- you know, under the type of medication -- the medicine that you would expect and you're talking about infant formulation. you're talking about children's formulation. there's one thing when you say adults, you know, whatever. but, look, the potential side

effects for infants with any of these products, let's say you look at the label and it says give one teaspoon and it has double or triple the concentration, the potential side effect is huge! and, you know, shame on these people because this has been a problem that's been going on for a long time. >> i did not know that. real quick, manny, what do you do if you need this stuff? >> right now, the f.d.a. says that the quality of the generic brands are ok. so if, in doubt, you know, go ahead and buy the generic brands for these types of products and you should be fine. but in doubt, throw everything right now. >> foxnews.com. >> foxnews.com/health, we'll have the whole story and you can go to the f.d.a. web site to get more information about these products. >> thanks, doctor. >> straight ahead -- >> he saw something so he said something. one of the good samaritans who sounded the alarm in times square over the weekend here with us live. >> the major oil spill getting worse. president obama is pointing the finger at b.p. is that right?

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>> gretchen: good morning, everyone. we hope you had a fantastic weekend because it's monday, may 3, 2010. thanks for sharing your time. new video released of the man who tried to potentially detonate a bomb in times square. authorities searching for this guy and whomever else may be behind the plot. we're talking to one of the good samaritans who alerted cops to the smoking suv. >> steve: communities under water as deadly floods hit parts of tennessee and mississippi and more could be on the way. a live report is coming up on this month. >> brian: and they're one of country's hottest bands and i really feel as though we were there at the very beginning. >> steve: we were. >> brian: they're here to perform live. be prepared to be amazed by lone star. our slogan comes from russell in florida. if you're looking for a sure bet in delivering the morning news, roll the dice with "fox & friends," you'll never lose.

>> steve: nice. ♪ >> brian: lone star going at it already this morning. >> steve: i know. they're in studio d. it's a rainy day in new york city. we planned to have them outside, they're inside. you'll hear from them live this hour. >> brian: is that the cavuto lighting? 'cause he does look a little bluish. >> gretchen: i hope he's not listening. lone star, they're going to be performing toward the educational background of our show. we have the big news, over the weekend, that potential terrorist attack here in new york city just about two blocks down from us here in the studio. here was the scene. this path finder pulls up, hazard lights on, guys gets out, leaves the vehicle there. luckily a good samaritan notices some smoke coming out of that,

called authorities and they averted the attack. now you're looking at this guy. could that be the man behind this terror plot? >> steve: the police are describing him as a white man, appearing to be in his 40s and this particular location is just around the corner from -- if this is the guy, he would have dumped the suv just around the corner. it's interesting, there are -- we had the mayor with us talking a little bit about how many cameras are in the times square area. and there is the explosive device. this is the cover of the new york post. that's a picture of the nissan pathfinder crossing broadway to where it's going to park on 45th street. that's the picture right there. >> brian: the word is it parks in a the bike lane and the flashers stay on, the keys stay in the ignition and all of a sudden, two people, vendors, walk by and check it out.

to hell his story is duane jackson, a vietnam vet. thank goodness you were there ask cared enough to go over to the car. thank you for coming to our couch. can you recreate the story for us? >> basically 45th street is one of the most busiest streets. there are nine shows. i've been there 13 years. any time we see a car double parked or parked where the buses can't turn, we're always going over saying, hey, guy, move the car. that's how this started out. i approached the car, saw the keys inside. >> brian: was it running? >> yes, the flashing lights were on and i kind of instantly looked around to see, hey, whose car is this? and no one stepped forward. then about that time, the officer came up on the mounted horse and he's asking me, do i know whose car it is and a couple other officers came and then one of the officers from midtown came up and said, duane, did you see the guy get out? unfortunately, i didn't see the

person get out of it. the windows were tinted in the back. we're looking around. he pulled out his flashlight. we didn't see anything. then shortly after that, that's when the first little explosion went off and the smoke started inside the car. >> brian: did we find out that was a fire cracker? >> yes. you knew instantly, at least i did, that -- you could smell the powder. >> steve: inside that vehicle being carted off, apparently the bomb squad found propane tanks? >> yes. they found gallons of gasoline. they found nonexplosive fertilizer and a whole bunch of m-88 fireworks. that's what was inside that car. duane, if that thing would have ignited as whoever put this thing together intended, had that ignited, the night you were in times square, given all the people around, what would have happened? >> first of all, it was such a busy day. we had the revlon walk early year.

there were 70,000 people in times square. this was an hour and 15 minutes before the show was getting ready to start. so people were getting ready to go to the shows. i would think that if just one of those tanks would have exploded, i was less than 8 feet away, the bomb blasts, or -- the collateral damage could have gone east, west and south. >> gretchen: so many stories we've been reporting on recently where people don't act to be a good samaritan in our society anymore. what was going through your mind? >> first of all, i was on wall street as a street vendor 9-11. i went through that whole ordeal. then being in times square, you're constantly vigilant of your surroundings. with 35,000 people passing you maybe every three or four hours, you've got to have your antennas up all the time. i tell a lot of the other veterans there, that you never know who is watching you. somebody might be watching you as you count your money, as you bring in your merchandise. so you never know who might be

sitting back there watching you to take advantage of something that you're doing. just recently i had someone try and slip me a phony 20-dollar bill. those type of things are ever present in the times square area. >> brian: tell me about your military background. how it prepared to act with composure under pressure. >> i was in the navy during the vietnam war and the south pacific. basically the training would be to stay calm, to take a look at your situation you're in and try and act to the best of your ability to deal with the situation. >> steve: there are some who are calling you and the other vendor and the mounted police officer heros. i've said constantly today that a hero is someone who run noose a burning building, the captain who landed on the hudson. i just happened to be a citizen who happened to be a veteran on a very busy street and just saw that under any circumstances, you know, a suspicious car is

something that you investigate. >> brian: how curious are you to find out who did this? >> absolutely. i mean, i think that if i would have turned around, maybe a little earlier, i might have saw the person getting out of the car and said hey, guy, you can't leave the car here, because that's happened thousands of times. >> steve: i'm sure you'd like to give him a piece of your mind. he almost blew you up. >> absolutely. we h to go down to the other block, so i didn't get back to my merchandise until 4:00 o'clock in the morning when the all clear was given and the car was still out there, the propane was out there. i saw the full effect of what potentially could have happened. >> brian: you could have made a ton of money! >> yeah, but we were closed down for seven hours. i would have given anything to have seen that person getting out and maybe tried to follow him or apprehend him. >> gretchen: i have no doubt you would have found him. >> steve: call him the action jackson. >> brian: if you're in times

square, go buy something. >> i'm going to take the rest of the day off, but tuesday, i'm open for business, times square is open for business and new york is open for business. >> steve: what's your location? >> 45th and broadway, under the mr. peanut sign at the marriott marquee total. >> brian: do i get a coupon? >> absolutely. we'll give you a discount. >> gretchen: let's do a couple headlines. the latest on the crisis in the gulf. president obama blaming british petroleum for that massive oil leak wreaking havoc along the gulf coast. >> bp is responsible for this leak. bp will be paying the bill, but as president of the united states, i'm going to spare no effort to respond to this crisis for as long as it continues. >> gretchen: this as the president continuing to face mounting criticism over his response to the disaster. craig bosswell joins us live from venice, louisiana where the full impact of the spill will be coming ashore pretty soon.

right? >> gregg: that's right. good morning to you. the thickest part of that oil spill, some three to six, possibly 9 miles offshore. let me point out encouraging news. there has been so little of that. winds died down here in venice, louisiana. that's key because those winds have been from the south and they've been pushing that oil towards the shore. they've also been whipping up waves which is taking that oil right over the top of those protective booms we've been showing you so much video of. these winds are also shifting. they're beginning to come from the north, which should help keep, or at least slow the spill down from getting closer to the shore. when these fishermen come to their boats and know they're not going out fishing, the government shut down more than 6,000 areas of fishing from here at the mouth of the us us to the florida panhandle. reality sinks in more when they find there is five possible solutions for bp to shut off this well. one is to dig an alternative well, a relief well that could take months much there is not that kind of time. they can use this chemical

dispersement. that takes time. the leading possible solution they're going with is using these mellal boxes to gather the oil close to the surface, which is 5,000 feet below, and siphon that off to a waiting barge. >> gretchen: thank you very much for the update. another fox news alert. because a pakinstani taliban warning of new attacks in the united states in two new videos. a man making the warning is mesoud, the leader thought to have been killed in a c.i.a. strike in january. no confirmation on when the videos were filmed, although it's believed they were taped before the new york city bombing attempt sometime early last month. another fox news alert. the lone surviving gunman from the terrorist attacks in india found guilty in a court there earlier today. the pakinstani was convicted of killing 58 people at a millennium guy train station in the november 2008 attack.

he faces the death penalty. the court found two suspects not guilty of helping in that plot. huge merger to tell you about the in airline industry. united and continental have now struck a deal to join forces and create the world's largest airline. the new airline would keep the united name and would be based out of chicago. the deal still needs to be approved by shareholders and government regulators. critics say consumers could be looking now at higher fares. that's what happens when you take away the competition. >> steve: let's look, man, they have had so much rain through portions of tennessee. look at this. the cumberland river at record level, it could crest later today, at 50 feet. that's extraordinary. over a dozen people killed in tennessee alone, plus a number in mississippi. take a look at those desperate pictures. let's look at some of the totals for the rainfall. it has been significant. look at that. camden, tennessee, 17 inches.

about the same for brownsville, tennessee. nashville, the janieest day ever -- rainiest day ever yesterday. this is showing you how the rain is finally going to move out of tennessee and that is the good news. but it will drop plenty of rain before it gets out of there all the way from the pan ham of florida up through -- panhandle of florida up through portions of alabama. we saw craig in venice, louisiana, this shows you the wind gusts. they're lighter over the weekend, but southerly 10 to 15 miles per hour and this shows how the winds can push the surface oil on the gulf toward the gulf coast. that is not a particularly good news map to look at. but that's a fact. >> brian: 12 minutes after the hour. authorities searching for those behind the attempt to blow up a bomb in times square. we think it is just a singular person. we'll talk with congressman peter king about the twisted plot next. >> gretchen: then all they wanted was a hair cut.

they came inches from death. people inside the shop diving out of the way. watch this. a speeding suv makes a crash landing. ♪

>> brian: investigators looking for this man, in this video. they think he's the one who tried to set up a bomb in new york's times square this weekend. janet napolitano joined us earlier. >> i would caution, however, against prematurely jumping to the conclusion that this must be the person who did it. certainly a person who was in the area, who would want to be interviewed, but other leads need to be pursued and are being pursued. there are lots avenues of inquiry that need to be pursued, the vehicle, the type of explosive device that was used, all of those sorts of things.

so i think the key thing to keep in mind is that we're now at the beginning of the investigatory process, not the end. >> steve: joining us here at the beginning of the investigatory process is new york republican congressman peter king. good morning to you. >> good morning. >> steve: i know they give you guys briefings that you can't tell us, but what can you tell us about who this guy is? is there any sort of foreign connection? do we know that for sure yet? >> from what i understand, we've been talking to people, contacts overseas and in washington, there is not -- does not appear to be a foreign connection. there was no intelligence chatter before. there has been no conversation since indicating that this was coordinated from overseas. that doesn't mean that it's not al-qaeda affiliated here. so i think everything has to be left on the table. as far as the foreign connection, there does not appear to be one right now. >> gretchen: congressman, what do you know about this purported phone call from a nearby pay phone on west 53rd, which would have been a couple blocks

up from where it happened. later that night, later saturday night, that said somebody on the call said that this attack was just a diversion for a bigger event that was going to happen. it was discounted yesterday by the police commissioner, but have you heard anything about that? >> again, my understanding is -- they're still not even certain if the call were made and if it were, it wouldn't necessarily be important because people always try to claim credit or get into the picture or the action. having said that, that's what the police were very concerned about, that this bomb itself could have just been something to sucker us in. you could have a secondary bomb. as we've seen in london, sometimes you have a attack on one night and then attack somewhere else the next day. all of these things are looked into, have to be investigated thoroughly. >> brian: it's amazing that i know things are tight and everyone has got to do with less. but if you're going to be cutting the budget anywhere, i would think that the terrorism

budget that goes to new york would be something you wouldn't touch, especially with the powerful congressman like you and senator schumer so close to the president, they're giving us a lot less money now. >> brian, we are, unfortunately or convinced, that the next attack against manhattan, against the city itself will come from the outer burrows or the suburbs because it's much harder for the police to detect action out there. that's why the secure the city program would take radiation on everything coming into the city. president obama eliminated all fund funding for that. we need $20 million to keep that going. the obama administration put zero in the budget. i am fighting as hard as i can. i got legislation in the house. >> gretchen: state right there. we'll get more of those. straight ahead, two american citizens accused of trying to give support to two members of al-qaeda.

we're going to talk more about home grown terror. >> steve: a navy seal on trial, accused of hitting a suspected terrorist. two other seals have been acquitted in the case, so is the trial just a big waste of government time and money? that straight ahead on this monday of "fox & friends."

>> gretchen: we're back with new york congressman peter king. before we move to the next topics, i wanted to get your thoughts, in light of this attempted terrorist attack saturday night, what are your thoughts with regard to the khalid sheik mohammed trials being considered for new york city? >> this is absolutely disgraceful. this trial should be taken out of new york, it should be announced immediately. what attorney generic holder is fighting for left wing ideology. it does not belong in new york. it belongs in a military tribunal. you can't allow the attorney

general to be defying the president of the united states. it's wrong. >> brian: not only that, he's not making a decision. the attorney general is sitting on it. >> steve: take your time. >> brian: there is something that happened over the weekend that has been plowed over. while two characters, one from lincoln high school, one from flushing, i believe, one graduated from brew college, one worked for lehman brothers. they promised to modernize al-qaeda, they are from new york. >> yeah. this is a real phenomenon. we have to be very, very careful of this. these are home-grown terrorists. these are people who do not fit the stereo typical mold, they're not deprived or living in ghettos. they're people doing very well, in our society. they've also been educated here in the united states and yet, their true allegiance is with al-qaeda or islamic terrorist.

this is a situation they encountered in england several years ago. now we're encountering it here. as we stopped al-qaeda from coming into the country, they've adapted and are now recruiting people from within our own country and getting allegiance from them. so in effect, it means we have terrorists living among us. a lot of people don't want to face up to that. they want to see somehow they're scare tactics. the reality is they're out there. thank god these indictments come out. it's a wake-up call is how real this threat is. >> steve: one other topic, congressman, and that is we've been talking about this big settlement to help provide health care for people who got sick after 9-11. apparently there is a member of congress who is willing to stop it in its tracks unless illegal immigrants wind up getting benefits as well. what can you tell us about that? >> actually this is a separate bill from the settlement. this is a bill which would set up a permanent monitoring agency for the next ten years to

monitor those who were at ground zero and then also to reopen the victims' compensation fund. it's separate from the lawsuit. there is an issue about whether or not illegal immigrants should be getting money. in fairness, they give money into the victims compensation fund. it's a small number of people we're talking about. i hope that can be resolved because we have up to 60 to 70,000 people who could be covered. the number of illegals would be small. that should not decide whether or not this program goes forward. these are people who put their lives on the line and they deserve this type of health protection. >> steve: congressman peter king, joining us from babylon, new york. thank you for getting up on this rainy monday morning. >> i wouldn't miss the opportunity to be with the three of you, believe me. >> steve: listen to him. >> brian: the thing is, i think he was talking more to me. >> steve: really? >> brian: yeah. >> gretchen: thanks for sharing with us. >> brian's soccer team did defeat the team of my district

director. that woman and rosenfelt is in depression today. she doesn't know how to handle it. brian, that's on your conscience. >> brian: congratulations to the 7-year-old tigers, the girls tigers, who won. >> gretchen: thanks. coming up on the show, playing politics with oil? our next guest says president obama will probably use the gulf oil spill tragedy to push cap and trade. why you should care. >> steve: and then, a car goes out of control, landing in the stands. oh, my goodness! look at that! anybody killed? details straight ahead. i'm going to tell you, everybody is fine. >> brian: lonestar is also fine. they're back with new music and are so successful, the most important thing is, we gave them their big start. we told them to get into music. >> steve: we'll talk about royalties when we come back. ♪

>> steve: on this monday morning, we're starting with an update on the severe weather devastating portions of the country. you're looking at video of some of the worst flooding tennessee has seen in decades. these pictures out of nashville. officials say severe storms throughout the midwest have killed at least 17 people in the states of kentucky, mississippi, and tennessee. the cumberland river is currently threatening parts of

nashville as it crests at its highest level in 50 years. i believe the level will be 50 feet. we'll have a live report from millington, tennessee straight ahead. >> gretchen: check out this new video coming in. it's out of afghanistan. a homicide bomber detonates a bomb, leaving one person dead, unfortunately. the suspect blows himself outside the c.i.a. face, camp chapman. that's the same base hit in december where seven c.i.a. agents were killed in one of the worst attacks ever on the intelligence agency. >> brian: today is the day, navy seal matthew mccabe, accused of punching a suspected terrorist in iraq, will stand trial in virginia. two other seals, keith and huerta were acquitted during military trials in baghdad last month. earlier on "fox & friends," we spoke to former navy seal, turn would be congressman, scott taylor, a friend of mccabe who says the charges are completely fabricated. >> he did not strike this

terrorist. he's passed a lie detector test as well and he's completely innocent. >> brian: protesters who oppose the decision to go ahead with the case are expected outside the courthouse in norfolks, virginia. >> steve: the trial for colleen larose, who calls herself jihad jane, set to begin if philly. she's accused of plotting to kill a swedish artist conspiring to provide material support to terrorists. charges carry a maximum sentence of life in prison and a million dollars fine. her lawyer has filed a motion that could possibly postpone her trial. >> gretchen: more interesting video for you to check out. people forced to dive out of the way. watch this. oopsy daisy. an suv comes barreling into a barber shop. it happened in encino, california. the driver apparently misjudged a turn, crashing through the front window, 40 miles an hour. two people only suffered minor

injuries. they were lucky. >> brian: cutting it close. >> gretchen: brian, a little sports action. >> brian: these cameras everywhere might be a violation of our privacy, but i'm loving it for our show. we get a lot of video. white sox manager is teed off about the new tough immigration laws in arizona. he's outspoken. here is what he has to say. most immigrants are work aholiks. this country can't survive without them. i'm sorry, but a lot of people from this country are very lazy. we aren't. a lot of people from this country want to be on the computer and send e-mails all day. we do the hard work. we're the ones who have to go and work out in the sun all day. wearing a uniform for 25 years. he also says he will boy scott the all-star game in phoenix if the law is not overturned. the key word is missing. illegal immigrants. we like emgrants to come here and sign the guest book. golf now. the big news entering, tiger woods missing the cut. that was the big story on

friday. but once again, the pga shows it's a lot more than just one golfer deep. roy macle roadway wins yesterday with a final round 62. he looks even younger than he is. he's just 20. he's the youngest player to win a pga event since tiger did it in 1997. guess who he beat to win it? phil mickleson, fresh off the masters victory by four strokes. watch the scariest race car crashes you'll ever see. see this driver lose control and flip into a crowd of spectators? amazingly, no one killed. three people, including the driver, were taken to the hospital. but all expected to be okay. this happened at a race in australia. that's a quick look at what's happening in the world of sports. so much more in sports. it was hard for me to say that. >> steve: tons. >> gretchen: like this maybe. the white house never letting a good crisis go to waste. you remember when rahm emanuel said that. it's looking like it's turning the environmental catastrophe off the gulf coast could be politics as usual with

poetless -- here is the accusation, flip flopping on his policies of ex ponding offshore drilling. >> steve: let's talk to this guy, eric bowling joins us live. good morning to you. >> thanks for having me. >> brian: that was my word. flip flop. >> here is what's happening. he came out a couple weeks ago and said let's open offshore drilling along the coast, along the eastern seaboard, also in the gulf and maybe a little up in alaska. that was good news. not a lot, but a little good news. first of all, we should say our prayers and thoughts go out to the people of the gulf coast. it is a tragedy. it's tragic. it probably will eclipse the exxon valdez in alaska. then david axelrod friday came out and said, maybe we'll hold off the drilling, then the white house, obama on the podium said we'll hold off on the drilling for now. then you have a series of senators and congress people, mostly representing the east coast saying, before we go any further with any sort of climate bill or climate change bill,

we're going to really want to see what happened here and see if we can institute higher levels of safety. the problem is gasoline is now 2.89 a gallon. 40% higher than a year ago, on its way up and has nowhere to go but up 'cause if you stop drilling, then what? >> gretchen: it was a perfect scenario for people on the left who do not want to have offshore drilling because they're going to say see, we told you so. look what kind of accidents happen and look at this huge environmental mess. >> the white house is absolutely correct in saying, hey, bp, this is your problem. you're going to pay. bp is $150 billion company. they'll be able to afford the cleanup. they said, we're going to do that. that's the good news. the bad news is that the white house flips flips flips and sayg to use this as a reason to stop drilling offshore. we know the left doesn't like to drill. we know environmentalists say no drilling at all. but don't forget, if you don't

drill, you have to get it from somewhere. >> brian: a third of our overall oil consumption comes from the u.s. it's down significantly over the last 20 years. the mining disaster. that's horrible. we can't stop using coal. when you have a tanker that explodes in the middle of the ocean, do we stop importing oil because it's coming from another country? you can't just respond and shut it down. unfortunately, our economy needs it too much. >> here is the thing, you're 100% right. you can't stop coal. it provides half our electricity needs. you can't stop doing it. what you will do is rely on foreign sources for oil and coal. right now we send about $700 billion a year to countries that hate us, that support terrorism, venezuela, saudi arabia, iran, russia. i mean, you can find u.s. petro dollars in cuba that went through venezuela. one more point, very important. in the u.s. gulf coast, if we don't drill it, somebody else will. cuba is drilling there right now and may be drilling for the

chinese. >> steve: what do you make of these people who have suggested there is a possibility this could be sabotage? >> well, sabotage -- in fact, the ceo of bp says we're not sure how this happened. we don't know, so you can't speculate. but the question is, i saw earlier on the show, someone saying, why the delay in the response? nine days before it was even addressed, 12 days before he made a formal comment. the question is, did they let this thing leak? bp said 1,000-barrel has day. did they let it leak a little bit and say, boy, i don't know. the conspiracy theory would say they let it. >> gretchen: that would make a huge accusation. >> it would be and probably the net result would be no different, but if they're going to try and -- >> brian: watch you on happy tower today. >> 5:00 o'clock. #. >> gretchen: for our schedules, it's noon. >> steve: happy hour is 9:00 a.m. for us today.

>> gretchen: i'll be for that. coming up, protesters have taken to the streets fighting the new arizona immigration law, calling it unconstitutional. one of the people who drafted the bill here next to separate fact from fiction. >> brian: and it's a party heard around the world. country band lonestar. they've got a brand-new album out and they're here to perform it. they're going to play music. ♪

>> brian: protesters out in full force over the weekend coming out against arizona's new immigration law. one of the people who helped draft the legislation stands by it and says there are a number

of misconceptions. >> steve: yep. chris is joining us right now live from kansas city. good morning to you, chris. can you hear us? can we hear chris? there we go. turn that up. chris, i know you helped in the formulation of the law down in arizona. we've got some misconceptions that people are repeating a lot in the media. we want you to respond to them. how about for people who say, it is unfair to demand that aliens carry their documents with them, is that a misconception? >> you know, yes, it is. the president himself apparently had that misconception last week. since 1940, it's been federal law that aliens in the united states are required to carry certain documents with them at all times. all the arizona law does is just add a state misdemeanor on top of what was already a federal crime. >> brian: you just don't know who is an alien and who has been here for 1,000 years, so that's what people are saying. you'll ask me for my paperwork, i was born here.

right? >> no, u.s. citizens are not required to carry anything under federal law or under the arizona law. none whatsoever. >> brian: so if you walk up to me and i'm walking in arizona, you say i have a reasonable suspicion to think i'm here illegally and i don't have anything on me, could you arrest me? >> no, actually the law doesn't allow for someone to walk up and say, i have a reasonable suspicion that you are here illegally. the law only comes into play after another crime is being investigated. if you're speeding down the highway, then the officer can pull you over and then if the officer develops a reasonable suspicion factors, like maybe you have no identification whatsoever, you look like you've been on a long journey, you've got 15 people crammed into your vehicle, then he can start asking you questions. >> steve: so if they just look illegal, whatever that looks like, they can't just say, hey, come here. i want to see your papers? >> no. a lot of people have been claiming that the law will somehow allow or promote racial profiling. those people should read the

law. it expressly forbids any -- it was carefully drafted to avoid that. >> steve: you said since the 19 40s, people who are in the country legally have got to carry papers. what about the suggestion that it is unfair to demand that people carry a driver's license? >> actually the law doesn't require people to carry driver's license either. it gives aliens in the united states -- in arizona, a get out of jail free card, if you will. the driver's license, which you're not required to carry, will be sufficient in arizona to show a law enforcement officer that you are lawfully present because arizona is one of the states that requires you be lawfulfully present in order to get a driver's license. >> gretchen: when the president says a man walking down the street with an ice cream with his son can be arrested, is he being accurate in describing the arizona law and what were your thoughts when he said that? >> i was just shocked because first, it appeared the president wasn't himself familiar with federal immigration law because, of course, you are required to

carry the documents if you're an alien in the united states. secondly, the only way those people would be arrested is if they came running out of the ice cream store with a gun in hand and a bunch of cash in their fists. there is no reasonable suspicion going to an ice cream store that someone has violated the law. >> steve: so clearly, knocking over an ice cream shop is against the law. >> yes, it is. >> steve: we thank you very much for stopping by to clear up some of those misconceptions. >> brian: straight ahead, lonestar, back with a brand-new album. they're going to rock it out with us and if it's anything like their past material, it will be until one in all the land. have you met bill heller in person? >> steve: i have. he's on in 12 minutes. >> you got it right again, brian. good morning, everybody. big morning of news here on the bomb threat in new york, you'll hear from a hero officer, a father of three, he cleared hundreds away from the suv while

it was smoking on the street. we'll talk to him live. pete hoekstra is here on the investigation. as for the oil rig explosion, the chief operating officer, one of the top men at bp on why this will take weeks to stop. we'll see you at the top of the hour on america's news room. 12 minutes away right here.

>> steve: they have sold more than 10 million albums. their newest release is party heard round the world. country music band lonestar is here today. good morning, guys. >> good morning. >> steve: it's great to have you. dean, i know you are all from tennessee. and the big news story today is in tennessee, there is flooding like they haven't seep in decades. >> it's been rough. i talked to my wife and they haven't been able to get out of our house. we have a creek that runs along

the front part of our property and it's totally flooded over, over the street, everything. they have a curfew of 6 p.m so people can't even get out and about. >> steve: that's in franklin? >> right. >> brian: on a much lighter note, how much credit do we deserve for all your success, 'cause we were there in the beginning? >> quite honestly, we kind of consider y'all like the fifth lonestar member. >> steve: really? >> yeah. >> gretchen: 'cause that would mean royalties. that's what i'm thinking. >> steve: it's been a little while since your last album. >> four years. >> steve: what have you been doing? >> we've been working on this record and touring and getting our fans aklimmate to do cody. he's been with us four years now. getting the fans excited about him and it's working. >> gretchen: it's pretty easy for at least the female fans to get excited about cody.

right? >> yeah. >> gretchen: you still -- >> this is a half t. >> steve: what are you going to play? >> "you're the reason why." it's out of radio now. and fans have been requesting it a lot. >> steve: tv exclusive, lonestar, folks. let's get out of the way. ♪ ♪ lost in love round ♪ i dream of what could be ♪

♪ ♪ ♪ walking on down ♪ now lovingly ♪ whatever happens ♪ ♪ two souls embrace. ♪

♪ ♪ ♪ ♪ ♪ you're the reason why ♪ you're the reason why ♪ it only took one taste of your

kiss ♪ now my heart is beating for the first time ♪ anticipating your touch ♪ intoxicating me with your love ♪ you're the reason why ♪ ♪

>> gretchen: we've been with lonestar. they'll perform another new tune in our after the show show. >> steve: could we play -- what would you like us to play in the after the show show? the triangle or the tack borrow rein? >> coming up on tomorrow's show, mark texeira. >> brian: april is over, so he starts to hit again. >> steve: charlie crist will be joining us live. we have lots of questions for him. so we hope you join us tomorrow