a wardrobe misunderstanding. >> that's how i live my life in a wardrobe misunderstanding. meanwhile, a mixed up or hidden message? "time" magazine's latest cover about private militia is coming under fire for the picture. we'll explain and zoom in. "fox & friends" starts -- >> in the heart of midtown manhattan where it is pouring right now, it's a very, very rainy day. >> thank you. i know. it feels like sunshine in here for me because i love working for you guys. it's been raining for like the last three days here in new york. >> and you wanted to put the moon roof up. open it up and i was so against it. >> listen, so many people in new york ready to build the ark but hang on, it's going to clear out. weather throughout the morning. right now, we'll kick things off with some news. >> here are the haddeadlines. start with a fox news alert. nato has arrested two insurgent

leaders in afghanistan, the first was the senior taliban commander arrested in kandahar during an operation to clear the area of taliban militants, the second was captured another the city of host. the man is believed to be part of a network. 27 fuel tankers carrying the supplies to the u.s. and nato troops attacked in pakistan this morning. you're looking at new video of the aftermath. militants are suspected of setting fire to them after shooting at the drivers. so far, no injuries or deaths have been reported. incident comes after pakistani officials closed a vital border crossing in protest of air strikes that killed three of its soldiers. more rain expected this the northeast today as we were just saying. the storm drenching the entire coast. at least five people were killed in north carolina and in car accidents related to all this rain. one to two feet of water fell there. >> water everywhere, everywhere. can't really see.

wipeers better be working. >> thousands of people across the coast are without power and commutes are expected to be a mess this morning. give yourself some extra time. two weeks after her release by iran, sarah shourd met with president obama at the white house and received assurances that the u.s. is doing all it can to win the release of the hiking companion, shane bauer and josh fattal. they were taken hostage after wandering across the border a year ago. the white house statement says they hope they will demonstrate renewed compassion and do the right thing. those are the headlines. >> so much change going on on capitol hill right now. a big change is coming to the white house itself as president obama is set to say good-bye in which could be an emotional ceremony at the white house. chief of staff rahm emanuel says i'm going home. julie kirtz says i'm up in the morning to tell you about it. >> how you doing? you couldn't ask for a splashier sendoff for someone who wants to launch a campaign for mayor later this morning in the east

room of the white house, president obama will say good-bye to rahm emanuel. the president has already all but endorsed his tough, intense chief of staff saying he'd make a great mayor of chicago. emanuel's departure, of course, is no surprise but it's a hit for the obama team. he'll be replaced at least temporarily by another white house insider. senior advisor pete rous who has been with obama since his senate years and helped plan the white house bid. here's gibbs. >> pete has been with senator elect senator and president-elect and president obama. there's a complete loyalty and trust with somebody like pete. >> rahm emanuel faces a tough race in chicago, though. but he'll have plenty of money to put up a fight with reportedly over a million bucks already in his war chest. back to you guys. >> all right. hey, julie, where is he gonna live? he's got to rent a place.

>> he has to rent. >> his house is leased out for a couple of years, right? >> i have a report, you might want to run with this, he's staying with mancow. see if julie kirtz comes up with a second source. >> good luck with that. thank you. listen, we know that the 111th congress left town. we gotta go. we're running for re-election. one thing we're not going to do, vote on whether or not to ex tend the tax cuts, the bush era tax cuts. now, there's a reason that they're not gonna vote on it because nobody on the democrat side actually came up with the bill. nobody wrote the bill out so you can't really vote on something that doesn't exist. keep in mind, it doesn't exist. >> can i get more to impress? why would you write something if you know it's not gonna pass? so the reason why it doesn't exist is because it will never be a reality. leave it at that. quiet down. think about it. here's the debate about something that hasn't happened.

let's go. >> i don't think the bill would have to be the existence of. i think the rhetoric alone from senator mcconnell and others have been that the price of, the $700 billion price tag on moving forward on tax cuts fort middle class. that's the tax cuts for the wealthy. the existence of the bill isn't some great starting line-up of this debate. >> doesn't he as the president of the united states owe us the obligation, doesn't he have an obligation that what he's specifically for rather than saying i want to get this done but i'm not going to give you the bill you can vote on. when you leave town without voting on a bill that i never bothered to present you, i'll blame the people in the minority to having held up my bill. >> i don't know what's happening. what is real? here's what's real. it's not the republicans that are just against it. close to 50 democrats in the house are against it. just under 10, it looks like 10 democratic and independent

senators are against it. so if all the democrats are on the same page, there would be a bill and we wouldn't be talking like something that's happening that hasn't happened before that should happen. >> don stewart who works for the senate minority leader mcconnell had a funny comment. he said i simply couldn't find the poor hostage talking about the bill that hasn't been written. he said golly, that was a waste of time. as it turns out, the democrats haven't filed the bill yet. >> meanwhile, the guy who heads things up on the republican side, john boehner at the american enterprise institute had a scathing review and a rebuke of what's been going on in the house of representatives and he says the house is in a state of emergency. he said "the house finds itself in a state of emergency. the institution does not function, does not deliberate and seems incapable of acting on the will of the people." and he says, look, we've had a rough two years but when the republicans were in charge, we made a lot of mistakes and so

what he's proposed is going forward, a number of changes when it comes to how they vote on budget stuff. >> it's basically a cut as you go program so you have a brand new program and you want to present it and people say, hey, this sounds good and it's going to cost this much? ok, let's go ahead with it. but instead of going ahead with it no matter how good the bill might be or how bipartisan a support it might have, they will not be able to pass it according to cut as you go unless they can find another program that's about the same price that they are going to cut. >> doesn't this make sense? i think they would be already he is specially when we're in a deficit. if you buy a house, if you spend $100 more on a house or something to renovate in your home, then you're going to take $100 less off the price of your car if you're buying a car. it's budget. it's simple. >> americans don't like what a lot of the stuff that washington is spending our money on. so for them to say -- for washington to say we're going to do something over here, don't worry, we'll take money out of this program that's not working, that makes sense.

all americans want is for washington to keep their hands off of our wallet. >> the other thing he talks about, if he becomes speaker, he wants more debate. more amendments, did mention more republican and democratic amendments and more scrutiny on legislation. we don't know what's in the wall street reform and don't know what's in the health care reform. the stimulus package is a big myste mystery. he said i want smaller pieces of legislation that could require more scrutiny. what this administration has is not so much what's in the bill, the rumors of what could be in a bill and the fact is when they have a 3,000 page bill written as if a lawyer wrote it, it's almost impossible to comprehend. >> none of this would have happened had the democrats done what they promised at the beginning of the 111th congress. that is every bill will be on line for everybody to read 72 hours before we vote on it. >> that hasn't happened. >> that never happened and that's one of the reasons why people are so motivated and

we've got some new polling information to share with you this morning. almost as many independents plan to vote as democrats which is interesting and take a look right here as we zoom in. how do you feel about voting in this year's midterms? well, looking forward to it. almost 70% of democrats say they are. but as you can see, there are 13% more republicans and 67% independents but look who is dreading it. independents and democrats, not looking forward to the midterms. >> what's so staggering is when president obama a couple of weeks ago said i'm going to go out and do the best i can to raise enough money and interest to get democrats to actually -- to limit the damage after the midterm elections. so when the president went out, a lot of people thought he would start moderating his message to try to wheel in independents. he hasn't really done that. if you look at the backyard talks that haven't gone nearly as well as he thought or that cnbc give and take, it seems all

he's promoting is the progressive agenda trying to win over democrats who really had nowhere to go. >> right. he needs to be more in the middle and focus more on the independents. >> exactly right. >> those on the fence. it should be interesting. interesting election coming up. how many days now? >> 30. >> is it 30? >> really, i guess it's october 1st, right. >> right. >> you asked -- it was almost like a trap. how many more days. steve answered you and you yelled at him no! are you still very sensitive? >> what i did is i knew it was 30 something so i said 30 -- i said 30 long enough so one of those people in our ear could go it's 32, mr. doocy. 32. >> they never talk to me! >> let's talk about this. the white house is a little embarrassed today because they turned away the family of an american hero from visiting the west wing. what happened was vernon baker who was the last surviving black medal of honor winner was buried at arlington national cemetery. he was age 90.

there he is right there. afterwards, his family was invited to go on a tour of the east wing of the white house. and then after that, simultaneously, wouldn't you rather go on a west wing tour because it is very exclusive. you get to see the oval office and things like that. we'll go on the west wing tour. >> there was a problem, though. >> big problem. >> shoirt sleeves and shorts. this little boy were not allowed in. not allowed to take the tour. >> because they're supposed to have their arms covered and their legs covered. >> i haven't heard that, by the way. have you heard that? >> i've heard at the vatican. >> at the vatican, i was wearing sleeveless and they made me put a schall on, you're right. >> i never heard of at the people's house, the white house, the white house is quite embarrassed and now they have apologized to the family. and they say "this is an unfortunate misunderstanding. we would love to have hosted

10-year-old vernon and his family at the white house and we have reached out to the baker family and lieutenant norris to communicate our deep regret and invite them back to the white house. >> if you look at the little boy's t-shirt, he's wearing a t-shirt with his grandfather's picture on it. >> by the way, it seems like the american legion has raised $22,000 to help the family attend the funeral at arlington and help fix a leaky roof at their house. evidently they're not at great means. they don't know if they can get back and take another tour. quick word of what the grandfather did, vernon baker. they say when the commander evidently just quit the army, he defected and deserted his unit, he led a unit in italy to take over a mountain fortress and take down an enemy observation post and machine gun nest. then they raided a bunker and also not only did they take over the fort, they helped his men retreat. no one was killed. he was shot in the hand. he got a bronze star, purple heart and that honor all in one.

>> right. he was not awarded the medal of honor immediately. and historians during the clinton administration said he should have gotten the medal of honor but he was denied it because of his race. in 1997, bill clinton gave him that particular award. >> here's what's straight ahead -- >> president obama promised health care law would make insurance more affordable. new stats show that costs are going up. we'll meet someone who is running for congress because he wants to repeal the health care law. >> travelers wonder if it's safe to fly after a third flight is forced to make an emergency landing like the one at j.f.k. you know, fresh green beans lose half their vitamin c in a week.

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>> finally, my proposal would bring down the cost of health care for millions. families, businesses and the federal government. >> well, that all sounds great but the new health care law may actually be having the exact opposite effect. according to a new study by hewitt associates, u.s. employees will pay nearly $500 more out of their own pockets for health care in this next year, 2011 than they are paying right now. researchers claim it's partially due to the new health care laws passed by congress. with us right now is dr. james

molano, a new york city doctor running for congress with the hope of repealing the health care law. his opponent declined to appear on the show. what happened? >> i think the intention was to provide universal coverage for everyone but in fact, the numbers that were used were a form of fuzzy math that's been brought up in the past. to think that you're going to bring down the cost of health care while -- while increasing or bringing three million more people on to the health care rolls is just faulty reasoning. in fact, they find now in addition to cutting $500 billion from our senior citizens which they should not be made to suffer for the -- for the whole idea of people such as gary ackerman, democrat who tried to push through an agenda to give the president a victory, something he sorely needed at the time. >> you know what? there were estimates it was going to cost more and people who were promoting it were

saying no, costs are going to go down. once people realize how good this thing is, everything is going to be great. we've got some statistics, for instance, companies, the premiums they pay per employee rising, take a look at this for the companies is going to go up close to 800 bucks and then we have another detail and i mentioned it a moment ago, out of pocket for employees, another $500. >> that's about 12 1/2% increase for employees as well as employers which will pay on average for large companies 10,000 per person to insure them for the year. >> when the employers are paying extra, you know, it's not like magic money out of heaven. that comes from the people that buy stuff which means it's passed along to all of us that are going to buy things and services. >> in addition, these companies won't be able to hire people and with a weak economy and recession intact, not being able to hire more people but more people on the payroll which is

what america needs. they need jobs. they're restricted to doing that. >> if you're elected to congress, gary ackerman's seat in new york, you would work to repeal the health care regulations that went into effect this past year. >> absolutely. >> what about some of the stuff that people go, you know, some of these provisions that passed were actually good. are there things that the republicans will try to extend? >> certain things as far as coverage for children. maybe coverage for very high risk people by creating another pool for high risk individuals. >> pre-existing conditions. >> pre-existing conditions. >> good stuff. all right. dr. james molano, thank you very much. >> thank you. >> once again, we did invite his opponent on. he declined. meanwhile, next up, violence on vacation. an american shot on a jet ski and lost in the waters and police think drug cartel. then not only did city administrators in belle, california, set their salaries at nearly a million bucks a year, now they're in line to receive ridiculously large

pensions, too. stuart varney who is nowhere close to collecting a pension joins us next. the one thing about smoking -- is it dominates your life, and it dominated mine. i honestly loved smoking, and i honestly didn't think i would ever quit. ♪ it was very interesting that you could smoke on the first week. [ male announcer ] chantix is a non-nicotine pill that stays with you all day to help you quit. in studies, 44% of chantix users were quit during weeks 9 to 12 of treatment, compared to 18% on sugar pill. it's proven to reduce the urge to smoke. i did have an unopened pack of cigarettes in my purse... i said, you know, "bye, i don't need you any more, you're not my crutch, i don't need a crutch." [ male announcer ] ask your doctor if chantix is right for you. and find out how you can save money on your prcription at chantix.com. se ople have had changes in behavior, hostility, agitaon, depressed mood and suicidal thoughts or actions while taking or after stopping chantix.

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>> some quick headlines for you this morning. the feds just busted up a scheme to rob american bank accounts using the internet. 60 people in the u.s. and europe have been charged with using computer viruses to steal the names and passwords from personal accounts. more than $3 million now missing in the u.s. the senate is promising to fast track that health care benefits bill for september 11th first responders and the bill has already passed in the house. we're being told it will be taken up by the senate the moment that the members return from the november or after the november elections. >> all right. it looks like crime does pay in

bell, california anyway. city officials are charged with corruption for awarding themselves extremely high salaries and benefits. now, we're finding on ut thut t pension plans could pay out higher than once thought. one official would get $1 million a year. pensions like these are driving states into bankruptcy. first thing is first. this is flat out corruption, right? >> yes, this is flat out corruption. one of the gentlemen you just saw on the screen there, former city manager, we thought his pension was $600,000 a year. oh, no, it's nearly a million dollars a year. and in fact, the pensions for 41 officials in bell will be much higher than the very high levels we originally thought. >> we're seeing people in jump suits now, i mean, they're going to court and they're paying the piper -- >> no, that is flat out corruption, ok? you have to ask, how did this happen? well, go back a couple of years and they changed the city governance of bell. only 400 votes were cast to make

that change. 200 of them were absentee ballots. there's a suspicion there were -- you know, there was fraudulent activity going on here. >> as you reported this story, my intent has been up and many others including people that watch this show, is this happening in other states? is this one of the reasons that so many cities are belly up? >> yes, but we make a distinction between the flat out alleged corruption in bell, illegality, corruption. that's bell. elsewhere around the country, municipal workers, retirement for workers appears to be gaining the system. that's not illegal. that's not fraudulent. it is gaming the system. it's taking advantage of the rules. for example, in new york city, 1/3 of all the police officers who retired in the past 12 months are on disability. >> why would somebody go on disability and why would that be to their advantage as opposed to taking their retirement? >> get pension and it's not subject to state tax on it.

your take home is much, much more than it would be if you were not on disability. >> nothing illegal about it. the doctors they go to, you have to wonder if the doctors they go to are loyal to the firefighters who do a heroic job every day. >> god love them. we all do. but it appears on the basis of these statistics, it looks like they're gaming the system. and it's happening across the country and it's contributing mightily to the bankruptcy of many states. >> and the thing that we know is common place is the last year that you're a cop or a firefighter, you work as much overtime as possible, therefore, if you do retire, half that money is what you retire with. you double your salary. >> you're supposed to retire on half of last year's pay. what do you do in your last year? you do every over time. you bump up your salary to way more than it used to be so half of it is a pretty good living. >> right. we're not saying hey, you don't deserve it. we're saying we can't afford it. >> no. they're gaming the system. we can't afford it.

promises being made we cannot keep. >> varney & company, you'll promise to be there at 9:20 eastern time. the same attitude, the same intellect, the same lovely smile. >> let's not get carried away! >> i did. it's too late, we're live. >> thanks a lot, stuart. meanwhile, straight ahead, rutgers suicide victim reportedly asked the school for helping before jumping to his death. you won't believe this story as he expand on it. will this change the charges judge napolitano is going to tell us more and you got to wonder if it's safe to fly after a third plane from the same company makes an emergency landing just like this flight at j.f.k. then the story behind the social network movie. we're talking to the man who wrote the book. facebook didn't want anyone to read. and happy birthday to julie andrews.

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>> president obama has been meeting with voters in what he calls backyard chats. he's held these in real people's backyards. you know something, i think all politicians should talk to people in their backyard. then they take what they say and spread it on the lawn and that would be fantastic! >> white house thought it was a good idea and look at the jokes. >> by the way, when are we going to call -- stop the damage, stop the madness. backyard chats have not done -- have not done well. >> they have not. maybe he's not doing it in the right place. down south, they have the backyard barbecues and they take the news crews to the backyard barbecues. they do them every friday night on local news channels. >> that sounds good. is there beer? >> i'm sure. we should volunteer. >> if you're joining us, ainsly

is here for gretch. >> now for your headlines. amanda knox, the american student convicted of murdering her roommate in italy is back in court today and could be looking at more time behind bars. this comes while two movies about her are in the work. greg burke joins us now live from perisia in central italy. hi, greg. >> good morning, guys. well, amanda is in and already out of court. this could be a whole new trial for her, one on slander. it's basically a he said, she said case. now, if you're seeing images of her, these are file images because today was a closed hearing so there was actually no pictures of her. we saw three police vans come in. she's serving 26 years. could get potentially an additional six years because of this on the slander but it is basically the word of eight cops, originally 12. now eight cops against hers, whether or not they roughed her up when they were interrogating her. now, lots of book and film

interest here definitely. no doubt about it. a number of books have come out. more are coming. they're talking about american film with hayden paniterri in it and here today was another director getting the view of the scene here. the italians have sort of cooled down. a lot of media interest in this case but the italians a little less today. it's mostly americans and british because amanda is from seattle and the victim in the case was a british student like her studying abroad. this whole slander thing is basically just a side show. the real case, the appeal in her case, her chance to get off will start again in november. on thanksgiving day, actually. when you're having your turkey, i'll be back here in italy. you will be in italy. i don't feel sorry for you. >> they don't go crazy for the pilgrim's landing. we've pretty much taken it from these guys. they focus on columbus.

>> meanwhile. >> as do you. >> i'm half italian. more on that later. >> for the third time in eight days, a plane comes to a skidding stop because the landing gear failed again. this time it happened in new zealand. the plane's front wheel malfunctioned. nearly 50 people were on board. thankfully nobody was hurt. in milwaukee, a pilot forced to use one of his wings as a landing gear. at j.f.k. on saturday, famously this, a plane came to a grinding halt sending sparks flying into the air. you can see them like that. company says the three landing gear problems are a coincidence. >> i don't think i'd be videotaping that and the last thing on my mind if i was on that plane. who pulls out their camera to do that at that point? i would be praying. >> now, the ntsb can look at that and be why would that be? >> on a serious note this morning, video is outrageous, take a look at this. ecuador's president is rescued

from rebel cops and all caught on camera. >> police allegedly kidnapped the president and held him in a hospital for 12 hours. they were outraged over cuts in benefits, apparently, and he was wearing a military helmet and a gas mask escaped in a wheelchair. two people died in the shootout. >> i couldn't see that at all. american tourist, a husband and wife are out for a jet ski ride when they're ambushed by mexican drug gangs. david heartly was shot in the back of the head, killed. it happened on falcon lake which straddles texas and mexico. his wife was able to get away. he reportedly worked in the oil business. that's getting close. >> my goodness. >> well, a sports legend who captured the heart of america is now coming to the silver screen. remember secretariat? true story of that horse that won the 1973 triple crown. the stars of the movie hit the red carpet in hollywood including diane lane who plays

secretariat's owner. >> he lives on forever in my heart. i remember secretariat from when i was a little kid and, you know, the earth stood still on his axis while he expressed his joy on the race track so this film really captures all of it. >> "secretariat" hits the theaters next friday. >> meanwhile, off to the races with the rain and man, it's another bad one. rough weather still drenching the east coast. winds brought down this tree in rockland county north of new york. still remnants of flooding and expect delays, there's a deluge there in portions of the northeast. take a look at where the storm is right now. as you can see, right now, the heaviest stuff is concentrated from jersey north through portions of new england. these are the remnants of what was tropical storm nicole. take a look at the 48 connected states. you can see the big blob in the northeast. balance of the country is

predominantly dry although in southwe southwest, they're getting a little bit of rain and they certainly need it. they had a scorcher about, what, five days ago. hottest day on record ever. meanwhile, currently in raleigh, clear and 62. 63 out in memphis. caribou, maine has 70 as that tropical air heads to the north. meanwhile today, daytime highs at 70 in new york city. cleveland and the ohio valley will wind up with temperatures in the 60's across much of dixieland today, temperatures in the 80's. close to 90 along the gulf coast. out west, though, going to be hot. 105 in phoenix, arizona. and that's a quick look at your fox travel cast. brian kilmeade filling us in on golf and stuff. >> want to point you out, gretchen always pays attention when you too that. >> i know. i didn't realize i was on camera. i'm listening now. >> fine, ok. can we have a cutaway if she looks away? i'd like to know. >> i'm watching and listening. >> if that happens. let's see what happens.

play has resumed this morning at the ryder cup in wales where it's nasty and rainy and the wind has forced delay of opening matches. europe has taken the early lead in the fourth ball round. tiger woods, phil mickelson playing for the u.s. mcelroy and graham mcdowell for europe. he survived the nfl and survived college football but couldn't survive living in the jungle in nicaragua. i'm talking about the former cowboys coach, dolphins coach jimmy johnson was voted off "survivor." he didn't expect certain members of the tribe to be plotting against him. he lost 18 pounds during the show and he goes back to television where he fully realizing that everybody plots against you. coming up on "kil meade & friends" on the radio. >> i like that. >> thank you very much. eric rush will be joining us. alisyn camerota and clayton, the weekend guys will be there.

clayton and dave will be joining us. >> plus the very cute brian kilmeade. >> very, very cute brian kilmeade. >> i look good with a stethoscope. did you get "time" magazine yet? >> no, i canceled my subscription. >> you did? >> if you do get "time" magazine, somebody observed, now notice the headlines, scary, the secret world of extreme militias. now, you can see this guy is wearing -- this member of this extreme militia wearing a military style hat. right? well, just under the m appears to be a marine corps logo and when you zoom in, you can kind of see what's going on there. well, people started to ask "time" magazine about that. and here's what they had to say about it. >> "time"'s cover photo is a member of the ohio defense force, a private militia that features heavily in the story in a summer training exercise in his own uniform. the story is an investigation into the extreme world or the world of extreme militias and no way about the marines or any of

the u.s. armed forces. all right. >> and the marines say, you know, they have nothing to do with that but when you look at it and, you know, the average person doesn't know that. >> wouldn't even see it. i don't have the magazine in front of me. >> i looked at a copy of it and you can't see it. it's subtle. and you know, are they trying to send a subtle message that marine corps is part of the extreme militia or is it a coincidence? >> and the marines are saying that they have nothing to do with this militia. so -- >> that's what they're saying. that's their story. >> all right. so that's our "time" magazine, i know most of you don't get it or read it on line. but 20 minutes before the top of the hour. the movie "social network" hits theaters today. it's not the story the creators of facebook wanted you to see. coming up, the author whose book inspired the movie. >> i want to see that. >> i do, too. >> and what they did was horrifying but they may never see a day in a jail cell. are our laws too outdated to

punish people for bullying? we're talking about what happened at rutgers university this past week when the guy on the left twittered that his roommate was having relations. details straight ahead. credit card rewards are always good in theory. sometimes i would get rewards, sometimes i wouldn't. this one card i had -- there were all these rules. rules and restrictions. oh, and limits. [ scoffs ] forget abo it. but i love this card. bankamericard cash rewar creditard. 1% cash back on everything i buy. period. limit to the amount of cash back i can get. no hoops to jump through.

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>> welcome back. some other headlines. investigators in sacramento looking for something that wrecked a rock band's recording studio. some masters equipment and

memorabilia was pulled out of the flames right there. and when congress returns from recess, it's expected to require the f.c.c. to regulate the volume of tv commercials. viewers have complained for years that commercials are a lot louder than the programs! >> they are! they are. you have to turn down your volume. i agree with that. >> all right. over to you. >> the world's famous billionaire is the focus of the new movie out today. according to the film, it wasn't money that drove him to create the largest social networking web site in the world. >> i think you know that. >> yeah. >> are you all right? >> here for you. >> are you ok? >> we're ranking girls. >> you mean other students? >> yeah. >> do you think this is such a good idea? >> i need the algorhythm.

>> the question is, is this an accurate portrayal of the internet mogul? ben mezrick is the author of "the accidental billionaires." this is the book that the movie is based on coming out today. thank you for joining us. >> thank you so much. >> what did you think of the movie? you've already seen it. >> i thought it was fantastic. i saw it and said best thing i've ever seen. i was blown away by it. >> scott has been a part of other movies. >> he's done "no country for old men" and been a mogul forever and yeah, there's kevin spacey involved. dana who did it with him and all these great people that made the movie and alan sorkin with the screenplay. you can't as a writer have a better dream than that. >> exactly. how did you come one the idea of this book? were you fascinated with facebook like we all are, or do you know these guys? >> no, i was approached. i got on e-mail and said my best friend founded facebook. he was mark's best friend.

they were two nerdy kids at harvard who couldn't meet girls, who created this, you know, we site as kind of a prank almost. >> and he gave him the money. >> eduardo put up $1,000. that's where it started and then as it got bigger and bigger, mark, you know, didn't need eduardo anymore and eduardo got left behind and that's the beginning of the movie. but eduardo was very upset. he felt betrayed. he was angry and he wanted to tell his story. >> and then what's the connection with the twins? i keep hearing about the twin guys that they won this big settlement. >> right. the twins were 6'5" olympic rowers, they were the good looking guys and the cool guys on campus. the twins had a web site called the harvard connection, a dating site and they had hired mark as their nerd. he had done some programming but blew them off and they claimed mark stole their idea and they ended up suing him as well. >> gotcha. >> it was a settlement. >> they got a settlement of $65 million but they're not happy. they want to throw it out and they want everything.

they believe it's their idea. >> what do you think? >> mark has a great line in the movie he used from my book, if somebody invented a chair, does that mean anybody who makes a chair owes that guy money? it's a difficult question, who started it? there was my space, there was friendster who it's hard to say he stole anything. >> what would you have done differently? >> most of the book makes it. a very fair adaptation. it's very close to the movie. but i think aaron sorkin is a genius. dialogue is unreal. in the opening, people will be blown away. >> i can't wait to see it. it's going to be big. comes out today. thank so much. nice to see you. >> thank you. humiliated in front of a world audience after his private relationship was taped and released on line. this rutgers student killed himself. why won't the classmates that taunted him serve time behind bars? judge andrew napolitano explains next. plus schoolhouse pork. wait until you see how some are spending taxpayer money meant for education.

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>> police have identified the body of tyler clemente, the rutgers freshman who committed suicide after his sexual encounter was streamed live on the web. his roommate and another rutgers freshman are accused of posting the video but only charged with invasion of privacy. >> even though prosecutors are probably going to seek stronger charges, their hands may be tied. so our current law is not equipped to handle modern day bullying cases like this one. joining us right now, fox news

senior judicial analyst and host of "freedom watch" judge andrew napolitano. this is heartbreaking. this kid is from the next town over from me. >> i know. i usually come down here with a belly laugh in the morning. this is one of the most tragic stories we've ever covered. two sides, the criminal side and the civil side. the criminal side, there's only three charges available to them. invasion of privacy under the new jersey law, 18 months. transmission of a private event over some digital system, under new jersey law, five years. transmission of a private event across interstate lines, violation of a federal law, one year. here's the kicker. these defendants have no prior criminal record. and the rule of thumb is when you have a crime of this low level, it's considered low in the hierarchy of crimes and there's no prior criminal record, they don't go to jail. unless there's some extenuating horrific circumstance like if this were a hate crime. if they did this to him because he was gay. that doesn't allow the government to charge them with

another crime. it allows the prosecutor to ask for jail time and more jail time. not more than the statue permits but a lot more than they usually get. >> this happened, he was humiliated and jumps off the george washington bridge and it's all because of this incident. that probably could be proven. >> i think you could argue. i think you're right. i think you could argue that these two people, young people set in motion a chain of events that produced his death. they probably didn't intend it. >> does it add up to hate crime? >> there would have to be some evidence they did this to him because he's gay. on the civil side, could his family sue to rutgers if he went to rutgers begging for help which we now know he did. the tragic answer is no. >> what he said according to "the daily news" today here in new york is that apparently he said, i don't like my roommate. my roommate is causing me some problems. i got to get out of that room.

what the roommate did is took his lap top and it had the web cam in it and he set it up and then he left the room. so the opportunity when you were detailing the opportunity for them to go to jail, the second one was, you know, a private thing, he was taking a picture of his own room. >> well actually the statute in new jersey does mention nudity. if you take a picture of somebody in the nude, they must consent to it. even if it's in your house and in your bedroom and even if it's with your camera. back to the rutgers thing, rutgers is owned by the state of new jersey which has what's called sovereign immunity. rutgers cannot be sued for its failure to protect this young man. >> back to the original question and premise. are these laws out of date and ill equipped to deal with today's technology? >> i don't think the legislature of new jersey or the congress ever contemplated this

type of behavior would result in death. we have cases of cyber bullying where people have killed themselves and the perpetrator has gone to jail for a long time but cyber bullying requires more than one event but requires a regular systemic bullying of the person. unfortunately, in this case, they only had the one event. >> and the thing about the internet, the internet is a wonderful thing for so many things. >> of course. >> but it is so good for a person to anonymously harass other people and it happens all the time. >> i predict the legislature in new jersey and other states will re-examine these laws. >> i take on alberto gonzalez toe to toe this weekend over the patriot act and over the obama administration that wants more power to look at everything we do over the internet. >> did the a.g. ask for my help on this? >> don't we do that every day? where is kilmeade at? we're talking about "freedom watch" this weekend. >> thank you, guys. have a great weekend. >> you as well.

more bad news for blago that will stop him from smiling. >> the author of a coloring book for kids getting death threats. why? it's about the tea party. >> you're kidding me. you want some fiber one honeclusters? yeah. you must really care about him. what? you gave him fiber. this tastes way too good to be fiber. they're delicious crunchy clusters with sweet honey and half a day's worth of fiber. you care about my fiber? not really. [ male announcer ] fiber one. but we've parted wa with our old airline credit card that promid flights for 25,000 miles. it was always... [ laughing ]

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>> good morning. it's friday, october 1, 2010. i'm in for gretchen carlson this morning. president obama's right-hand man hits the road, jack. rahm emanuel is out. and pete rouse is in. can he repair what's broken in washington? >> good luck. it's a children's coloring book meant to teach your kids about liberty, faith and freedom. why is the publisher getting death threats? >> no kidding. >> we'll tell you. >> you don't have to go home but you have to get out of here. why the white house turned away the 10-year-old grandson of a medal of honor recipient. an american hero. that and so much more, hour two, the friday "fox & friends" starting right now. >> hi, this is tony blair. you're watching "fox & friends." >> wow. tony blair was here. just seems like two weeks ago. >> can you imagine when we auction off this couch the pretty penny we're going to get for it? it was right over here that tony

blair was right there and -- >> right. >> that's his impression. >> pretty much like that. >> when i do bring people into fox to give them a tour if they come from home, i shouldn't have said that. anyone that comes from home calls and wants a tour. we don't do that at fox. just for family members. they come in here and they say it's so small! i thought it was going to be much bigger. >> you should see the closet -- you don't understand where we came from. it was a sam goody. >> i remember. that was in the studio next door. >> which closet did you come from, brian? >> stop talking about my closet. >> in today for vacationing gretch and we start off in washington. >> all right. in a few hours, president obama will make a major announcement at the white house and expected to say good-bye to his right-hand man, chief of staff rahm emanuel. julie kirtz is live with those details. good morning. >> good morning. rahm emanuel likes a fight and

doesn't expect a cake walk but he's getting a splashy start which is his style later this morning as you said in the east room of the white house, president obama will say good-bye to his tough, intense and high profile chief of staff and the president has all but endorsed emanuel saying he'd make a great mayor of chicago. emanuel's departure from the white house is no surprise, you know, but a hint for the obama team and he'll be replaced at least temporarily by another white house insider, senior advisor pete rouse very different from emanuel. rouse has been with obama since his senate years and helped plan obama's white house bid. he's a calm and seasoned advisor. highly respected on capitol hill but rouse is not someone who has been in the public spotlight or likes to talk to reporters even. rahm expected to announce his resignation later this morning. in fact, it wasn't that easy to find video of pete rouse. back to you guys. >> all right. thank you very much. julie kirtz for that live

report. >> time for a conversation. to elevate our conversation and condemn something for not having happened but it's still ok to hold it hostage. >> uh-huh. >> ok. >> you remember that question if a tree falls in a forest and there's nobody there to hear it, is there a sound? remember that? >> i have it every day. >> well, if a bill is never written in washington and it does not exist, how can everything in the world be the republicans fault? it's true. it's true. here's robert gibbs talking about, you know, the whole issue of whether or not the democrats would push the tax cuts through before they adjourn, they didn't because the bill didn't exist. here's some give and take on that. >> i think the rhetoric alone from senator mcconnell and others has been the price of --

there's a $700 billion price tag on moving forward. the existence of the bill isn't some great starting line for this debate. >> doesn't he as the president of the united states owe us the obligation, doesn't he have an obligation what he's in for rather than specifically saying i want to get this done but i'm not going to give you the bill that you can vote on. then when leaving town, i'll blame the people in the minority to having held up my bill. >> so just a little bit. you talk about -- >> there is no bill! >> talk about the bush tax cuts that are going to expire january 1st. they had the sunset, by the way, it was passed in a certain amount of time so it's going to be it. so the administration keeps saying that the republicans are holding up the middle class tax cut. they are saying we should keep the tax cuts, the current tax rate for people who make $250,000 and less. >> for everybody. >> yeah. that would be a cost to the

budget, of $3 trillion because those tax cuts if they stay in place, they're worried about they're going to lose $3 trillion worth of revenue but willing to suck that up. what they can't suck up is losing $700 billion if the tax cuts for the so-called wealthy are allowed to be in place. here's the most important part of this conversation. it is 40 plus democrats in the house. and over five senators in the senate. democrats and independents, said we don't want to let the bush tax cuts evaporate. we want to extend it and that goes for everybody and that goes against what robert gibbs is saying. he can't blame republicans. he should blame democrats as well. >> because the democrats have the majority. and ultimately, the reason they didn't vote on it and the reason the bill does not exist is because the democrats did not want to be seen as raising taxes on anybody, particularly america's most successful people who create all the jobs for small businesses and stuff like that. > >> especially when we're months away.

>> it's interesting to find out what happens after the elections. if you have the lame duck democrats if they pass it through, that's where they leave office. >> all right. john boehner could be speaker of the house if the republicans get the majority which many experts say they're on their way to doing with 30 plus days left but john boehner says right now, the house in which he's the minority leader is in a state of emergency. nothing is going anywhere and he's got a rule that he wants to propose and implement that would help it get going in the right direction. >> yeah, it's called cut go. or cut as you go. essentially what it is is if they dream up some new program in congress that they want to fund, that would be ok. but to fund it, they're going to have to take the money from some other program that isn't working or that has gone out of business and it's still on the books. this actually makes a lot of sense. >> how is this not a rule before? i mean -- common sense. >> that's exactly right. >> you can't spend what you don't have. maybe this is why we're in such a deficit. >> what a good idea. that's exactly right. >> how can we teach our kids not to spend what they don't have.

not to get credit cards when our own government leaders aren't doing that. >> sure. >> you would think this would have been in place a long time ago. >> you would have thought so yesterday, there was boehner at the american enterprise institute and he was talking about how the congress is in a state of emergency and he went back in history and he said look, when the republicans were in charge, we made some mistakes. but going forward the republicans are going to do their level best not to do that again. >> it will be smaller bills, more amendments and more debate and more scrutiny. if you have a great program and everybody says i'm for it, you have to find a program on the books right now and cut it. it's got to be roughly the same price. see how that goes. meanwhile, one of the best things you can do when we're in washington is take a tour. i did not know this. if you're going to take a tour of the west wing or east wing in particular, you need long sleeves and long pants. >> where did that come from? i've never heard that rule. >> i don't think i went -- when i was able to tour the white house, i don't think i had long sleeves.

>> you didn't? >> no. >> when we were there, it was so cold. just go in the winter time and you don't have to worry about it. >> that's different. yeah. >> you're bundled up. >> this isn't just us talking about going to the white house. this is the reality for a family. vernon baker was the last surviving black medal of honor person who was awarded that. he was buried at arlington cemetery at age 90. he had received the medal of honor from president clinton there in 1997 when historians said he had been wrongly denied because of his race. and there he is from world war ii. and he did some very heroic things and he saved some lives and -- >> was shot! >> he simply was not awarded it but eventually the government made good on that so the family is there for the burial, right? and they are invited, while you're in town, why don't you come on up and tour the white house, tour the west wings, because you can see the oval office and the executive suite of where the president works. so they show up and the grandson of the kid right there in the red shirt.

at the funeral, the kids showed up for the tour and he was wearing a t-shirt with his grandfather's picture on it. >> have a picture of it. >> right there that she's got. he's wearing a t-shirt and he had short pants on and the person who is going to give him the tour goes, i don't think i dressed appropriately. you can't wear a t-shirt and shorts in the white house! >> so he and his family were not allowed in. and this was a trip to arlington for the passing of his grandfather, they needed the american legion to kick in money and have a fundraiser to get him to attend the funeral. they don't think they'll be able to come back. they were on borrowed money -- not borrow money but donated money to get there. therefore, the tour never took place for this 10-year-old and the family so the white house feels bad about it. >> well, maybe -- you never know who is leading these tours. it might be some teenager that works there and is interning there or something and knows the rules and is trying to follow them. i know. >> we're talking about the white house and you would think it would be quite a secure location

and people would know the rules. white house has responded and apologized and said, this is an unfortunate misunderstanding. we would have loved to have hosted the 10-year-old vernon and his family at the white house and we have reached out to the baker family and lieutenant norris to communicate our deep regret and invite them back to the white house. so they've got another invitation. hey, next time you're in washington, d.c., stop by. but do you think the white house should have a dress code? i mean, ultimately that's what it comes down to. >> not for a 10-year-old. absolutely not. >> if they do, they should do what they do. like in the vatican, when you're in italy, there's a lot of the cathedrals that you go, they wrap you up. >> they do and i've been there and they also tell you you got to wear long pants. but the thing about the white house is -- and remember, it's a place of business. but this tour was happening on a weekend when nobody was working there. why not show up in t-shirts and shorts as well? it was warm weather, obviously. >> if the salahis showed up in a t-shirt, we never would have had the controversy. >> i know there are a lot of people in washington in the white house probably that go

sleeveless from time to time. >> i like the idea of a dress code. >> right. >> i think axelrod wears a tank top, doesn't she? >> i like the idea of a dress code. >> what do you think? should the white house have a dress code? e-mail us. >> fox news alert, overnight nato says it arrested two insurgent leaders in afghanistan, the first a senior commander for the taliban. he was arrested in kandahar during an operation to clear the area of taliban militants. the second suspected terrorist was captured near the city of kost believed to be part of the pakistani terror network and 27 fuel tankers carrying supplies to u.s. and nato troops attacked in pakistan this morning. you are looking at this video. look at the flames. this is the aftermath. militants are expected to setting fire to them after shooting at the drivers. so far, no injuries or deaths have been reported. the incident comes a day after pakistani officers closed a vital border crossing into afghanistan. it was in protest of yesterday's nato air strike that killed

three of its soldiers. and big surprise for blago. his lead defense attorney wants out now. this just months before his retrial on federal corruption charges. sam adams sr. and sam adam jr. will ask a judge today to be removed from the case. the reason -- blago will have to use public money in his next trial. that only pays for two attorneys. they're saying you're not paying us. we're getting out. blago was convicted for lying during his last trial. the jury couldn't come to agreement on the corruption allegations. and the storm continues to pound the entire east coast as we all know. at least five people were killed in north carolina in car accidents related to the rain. but emergency crews have been on alert along the eastern seaboard. >> going all over the city all day dealing with everything from downed trees to basements that need pumped out dealing with a more life threatening or hazardous situation. >> thousands of people are without power and commutes are expected to be a mess.

give yourself plenty of time if you're traveling today. >> meanwhile, let's take a look at where it's raining right now and as you can see for the folks in the mid atlantic where they received up to a foot or two of rain, it has moved out for the most part but now it is situated as you can see from jersey up to portions of the northeast, it is going to drop at least an inch of rain an hour in the center of the storm so look out, batten down the hatches. she's coming through. >> all right. it's a dozen minutes now after the top of the hour. thanks for joining us on this friday. we got lots more show to go. >> that's cute. >> all right, democrats hit the road this week to rally their troops but it might be a little too late. has the party lost touch with american voters? now, even john kerry thinks so. >> yes, he speaks the truth. this man was stranded in the woods for days with no rescue in sight. how he survived with no food, no water, just a pen. and a hat. 4nú7@oúoroenroroúop7o5

>> increased government spending, high unemployment, a controversial tax plan. voters want to know what's going on? and how does the democratic leadership respond? take a listen. >> we have an electorate that doesn't always pay that much attention to what's going on. so, you know, people are

influenced by a simple slogan ra rather than by the facts of what's happening. >> that's john kerry speaking out of tune. here's the vice president, he straightened things out. >> those who didn't get everything they wanted, it's time to buck up here. understand that we can make things better, continue to move forward but not yield the playing field to those folks who are against everything that we stand for in terms of the initiatives we put forward. >> so start paying attention and stop whining. that's inspirational. is the democratic leadership out of touch with americans? what kind of message are they trying to send voters? we'll examine it with rich lowry, national news editor and fox news contributor. rich, explain where slogans are capturing -- are leading people down the wrong path. >> well, john kerry has the common touch. you have to give him that. he's just a natural. but look, i think he's just speaking out of profound frustration because they thought in 2008 in november in that

election, they got a mandate from heaven to do whatever they wanted and the country had swung fundamentally to the left. it wasn't true. they were rejecting their policies across the board and they just can't handle it. so this is really -- it's lashing out. >> right. and what's interesting is if anybody has a slogan, they're resonating and got them elect. wouldn't it be president obama, hope and change? >> absolutely. when he talks about people easily swayed about empty slogans, he's probably describing a lot of the so-called surge voters that went for obama in 2008. now, biden, i don't think calling people whiners is a good way to get them what you want. i only rarely do it around the office. only rarely. i think he's right about the left. they've gotten historic stimulus bill. historic health care bill. historic financial bill and they're still not satisfied. i understand that frustration. >> we hear the slogan all the time. we hear the story all the time, i got the economy in a ditch and the people that brought me there want to start driving again. you can't drive.

you can't get the keys back. we hear that all the time. but what happened, regardless of where the economy was, you can argue that the stimulus package did more damage than anything else. >> yeah, no, on its own terms, it failed because the recession was already technically over before the spending even started. and what we've learned is you can spend a lot of money and not affect the things that are most important in the economy. getting private businesses to hire. getting banks to lend. and you can't stop people from deleveraging and saving their money to repair their balance books. >> i think that john kerry just my humble opinion and judging what people have been writing us and calling the radio show, i think this electorate is more tuned in and more savvy than ever before. >> that's absolutely right. people are very engaged and you see it, people marching in the streets, literally, which is usually the kind of thing that liberals want. what's defining this election is you want to go back to that well worn car metaphor, fiscally, obama did find the car in the

ditch and he hit the accelerator and people want to pull the emergency brake. they're scared at the level of spending and debt and that's one of the fundamental drivers. >> finally in conclusion, where do you think the house is going? where do you think the senate is going if the election is tomorrow? >> republicans would win both. it would be a historic way and they'd win both. >> interesting. rich lowry -->> heard it here first unless it was wrong. in which case, destroy this tape. >> the weird thing is we don't tape the shows. no way of bringing it back. rich lowry, we actually save your copies. whatever you wrote there, we'll keep. >> thanks, brian. >> coming up straight ahead, billions of dollars in hard earned tax money. now paying for kids to learn about things like mariachi music, wine tasting. wait until you hear the rest. it's like the scene from an action movie. one country's president gets kidnapped and soldiers race to his rescue. this time it's the real deal.

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>> here are your news by the numbers. $12 million. that's how much families of 27 of those 33 trapped chilean miners are seeking in damages from the mine company and the government. they're suing over harm inflicted on those men. six days, that's how long edward rosenthal survived without food or water in california's joshua tree national park. he got lost while hiking in extreme heat. rosenthal says he survived by not moving and writing letters to his family on a hat. five hours, that's how long six passengers were forced to stand in the aisle on a flight from turkey to russia. the airline is offering compensation to the flyers because the wrong plane was used. >> oh, man. hey, pork is for -- is what's

for lunch at some of america's schools. republican senator tom coburn of oklahoma yesterday releasing a report that shows earmarks meant for worthy causes were actually spent on questionable needs like thousands of dollars in earmarks for a mariachi program. really? joining us right now is the media director for citizens against government waste. leslie page. good morning to you, leslie. >> good morning, steve. thanks for having me. great to have you. we'll detail some of these programs but essentially what we're talking about is this has been labelled an education slush fund, hasn't it? >> right. first of all, let's give senator coburn a big round of applause for doing this because his staff has done some crack work on this. but what he's focusing on is two programs. two programs at the department of education so this is federal money. one is called the fund to improve post secondary education. the other one is the fund to improve education. and both of these funds have become just giant slush funds and, you know, they've crammed

5500 earmarks for $2.3 billion over the last decade and almost completely earmarked. >> when you gave the name of the program, it sounded so official and it sounds like the money is going for really good stuff. we're going to take a look at some of this stuff. for instance, in las vegas, a school there received $25,000 for a mariachi school program in 2005, i believe. >> that's correct. for a mariachi band and this was in clark county, las vegas, school district. that district, by the way, has $9 million in earmarks in the last decade. good news for taxpayers is the mariachi band is still going on. bad news, the good news is the county is paying for it this year. it's $36,000 for mariachi music. >> what about the $200,000 at the rock of hall of fame got in 2002? >> yeah, they love to give the money to the halls of fame. we have the baseball hall of fame, the alabama baseball hall of fame so a lot of money has been going to these things that have absolutely nothing to do with children's education and the baseball hall of fame, by

the way, has a $27 million in assets. and the rock 'n' roll hall of fame has over $80 million in assets. why they're getting taxpayer money is anybody's guess. >> no kidding. central washington university got $200 million for curriculum development including a curriculum based on local wines. i'll drink that. that sounds like money well spent. >> sounds like somebody is tipping the bottle a little too much at the department of education if this is what they're spending the money on. maybe they ought to step away from the wine but the bottom line is the wine industry is doing very well. if they want to pay for a curricul curriculum, they can go out in the industry and help people start fund that program. this is a giant slush fund. the next time you hear about a politician talk about how they want to throw more education money when our scores are going down and we are becoming very, very behind in our reading and math scores, you have to take that with a grain of salt because this is a huge amount of money they've spent just on congressional pet projects in

the last decade. >> well, billy may not be able to read but he sure can play the mariachi guitar, can't he? >> and he know his merlot and his cabernets. >> that's just nuts. thanks for joining us on this wet friday. >> thanks for having me. >> great. wow. straight ahead, the once untouchable seat of barney frank. that sounds funny, his congressional seat now in jeopardy and wait until you hear who he's blaming. then -- it's a children's coloring book meant to teach your kids about liberty, faith and freedom. so why is the publisher getting death threats? and next hour, country music superstar toby keith stops by the curvy couch to talk taxes, small business and what is behind his brand new singing. [ female announcer ] think a thick cream is the only way to firm skin?

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>> yesterday in iowa, president obama pointed out that taxes have gone down during his administration. yeah, that's one way to get rid of income tax. getting rid of income. >> jimmy fallon last night. >> very nice. >> 29 minutes before the top of the hour. ticktock. >> i love numbers. i love when people say this guy is winning and this woman is losing. not in that order but i want to know who is on top. that's what gets people interested and that's why baseball is so popular. 32 days left, some surprises. first stop, connecticut where the woman called the wrestling woman by bill clinton is three points from the attorney general, 49-46. >> because given the fact that the margin of error in this poll is three points.

what that means is blumenthal could be three points up or three points down. it is a dead heat. that is extraordinary for a guy who has been the attorney general and it looked like he was it was going to be a cake walk for him but then, all facts get in the way and it was released that he'd been lying about the fact that he said that he had served in vietnam when, in fact, he served in the military but he never went to vietnam. that's a problem for a guy who is the chief law enforcement officer for a state. >> the man who does the poll says if linda mcmahon has the attorney general in a headlock roit now. >> a cage match, brian. >> the problem is you make up the war that you weren't in, even though you didn't serve, the problem is you're basing your candidacy on being a straight talker. going right to the truth and now all of a sudden, you talk about something as severe as war and serving and you didn't -- he's been unable to recover. here's what's going to be interesting. you know how much the minimum wage has went up over the last

few years. a lot of business owners say minimum wage has almost doubled in 2 1/2 years. she's one of the people who says i don't think it's a good thing. >> small businesses are hurting. they really are. i have a lot of friends that own small businesses and you probably do, too. they can't pay their salaries. i have one friend that can't even pay her own mortgage. >> because small business -- absolutely. yeah. >> but there's a lot of people who make around the minimum wage are also voters. you could be alienating them so that's a risk but as a business person, she knows from which she speaks. >> meanwhile, another race that suddenly is competitive and that is barney frank's congressional seat up in boston. now, keep in mind yesterday on this program, we had sean beilat, former marine with us and he's talking about, look, barney frank is vulnerable on all these issues, fannie and freddie and the bank bailout and all that stuff and now you look at internal polling. frank is at 48 and beilat is at

38 which is a 10 point margin. keep in mind, this is from a district where a 40-point blowout is not uncommon. so for them to be just 10 points apart, that's -- that's close for that particular congressional seat. >> now he's blaming right wing media for the close race. >> of course he was. >> yeah. >> here's barney frank talking about the toughest race he's had in -- since 1982. >> >> i guess he was in the lunchroom. >> doesn't sound like anyone is listening to him and he was

behind the podium. >> a lot of silverware dropping but right now, it's 48-38, frank is up by 10. but if he wasn't concerned, you don't wheel out the 42nd president of the united states if you weren't concerned. that's what bill clinton did and went up there. >> brian, you just touched on it. that's why the other guy could win. scott brown. i mean, scott brown wound up getting that seat because of a lot of independents and democrats saying, you know what? i'm going to vote for a republican and they did. will they vote for the marine? stay tuned. >> beilat was a democrat. switched when he saw the current climate in today's -- today's america. >> sure. >> speaking of today's america, one thing that we don't do enough of in this country is talk about our great american history. >> i'm sorry. >> and we're not coloring as much these days. >> it's a shame! >> we have all these computers. >> color something in, people. >> there's a company out in missouri operated by wayne bell and he's -- he's the owner/operator of really big coloring books.

that's the company and this is their bestseller right now. it's the tea party coloring book. i just dashed off camera to get it. >> the cameraman didn't mind that at all. what it does is teaches the people about the origins of the tea party and american history. you think with a positive message like this, people would embrace it. no. actually this guy who is publishing this pro tea party, pro america, pro history coloring book is getting death threats. >> because he's getting e-mails, phone calls but apparently this guy has -- he has a lot of coloring books out there. he has some about obama. he has some about cirque du soleil so it's not like he's picking a side or picking a party. >> right. >> but still getting these done. >> those are the three big topics, cirque du soleil, obama and tea party. you know, now that i've done the tea party, might as well do those people that are really flexible. here's he is talking about the death threats.

>> we knew there was a need for a tea party coloring book. beginning five days after the press release, we started getting odd phone calls and odd e-mails, some of the people that have been e mailing us telling us this guy should be in a chloroform headlock. a lot of these people that make these threats are probably bloggers and sitting in a room somewhere and being overreactive. >> you can never be too safe. the guy apparently is a liberal himself and he covers all of the political spectrum so who would be behind this? well, we don't know who is behind the death threats but we do know that the organizer of the party, he says i think it's appropriate. i really question whether it's tarpth targeted at children, talking about this particular book, there's not a lot of coloring activities. >> where do you buy these coloring books?

at the tea party rallies? >> i don't think how he does it. he has a web site and the federal government, uncle sam has brought 3,000 copies to distribute to families to learn more about american history. >> i am permanently pro coloring book. it would allow you to take children out. ice tea will be everywhere. >> restaurants when we took the kids out, one would be the little shot glass with the four colors in it. remember that? >> no. >> yeah. >> they always have -- like the four colors in the shot glass. >> sometimes right on the table. >> i love that! >> and when the waiter comes over and writes their name backwards, love that. and the other thing is chicken fingers. had to have xhiken fingers. >> that's true. >> that's so good for you. the other day people found chicken in the chicken fingers

and that was certainly special. now for your headlines. american tourist, husband and wife are jet skiing when they're ambushed by mexican drug gangs. are you kidding? shot in the back of the head, dead. his wife able to get away. it happened on falcon lake that straddles texas and mexico. what's going on over there? >> the california couple accused of kidnapping jaycee dugard and holding her prison for 18 years will be arraigned today. they will be charged together. dugard is now 30 years old and has been avoiding the public spotlight since appearing in "people" magazine last october. she and her two daughters were finally discovered 13 months ago. they were kept in a shed in the couple's backyard. >> meanwhile, unbelievable video of ecuadorian troops rescuing the president from rebel cops all caught on camera. >> police allegedly kidnapped

him and held him in a hospital for 12 hours. they were outraged over cuts in their benefits. that sounds good. carrera wearing a military helmet and gas mask escaped in a wheelchair, at least two people died in a shootout. >> do you watch "the apprentice? ">> i do. >> donald trump didn't fire her. >> donald trump is fun. >> but the brooklyn district attorney did. there you go. she has lost her job as an assistant d.a., you don't know, for being a contestant on "the apprentice" without getting clearance from her bosses. she's no stranger to tv. she's done food reviews for community tv. >> she wants to be miss universe. she wants to go into the miss universe and show people you can be beautiful no matter who you are. >> sure. >> i don't know how that shows people you can be as beautiful no matter who you are. >> if your boss is a district attorney, you should probably ask the district attorney.

>> by the way, the jury people, i know, can i have your autograph? by the way, guilty. >> let's go ahead and take a look at what's going on weatherwise, look at this. rough weather still drenching the northeast. philadelphia among the cities bracing for more flooding. it is currently dry down there but i'll tell you what, from jersey north, be careful of your commute to work or school today. the roads will be slick. there are weeds down. that makes it even slippery, travel delays as well. >> meanwhile, have you seen the documentary "waiting for superman" yet? it's becoming a social movement and it's only out in two cities. we'll examine why. then -- >> why is the president so concerned with what his critics think? is he too thin skinned? we will take a look at that. >> first, the trivia question of the day --

you've got to try it,

>> it's the best movie i have seen this year. the documentary "waiting for superman" has sounded the alarm over the state of our nation's schools and yesterday, we spoke to jeffrey canada, the impassioned educator from new york featured in the film who spelled out how to save america's failing public schools. he's got an idea. >> we got to create innovative solutions, you know what? if schools fairly 25 years and you know they're going to do the same thing this year as they failed 25 years, that kind of craziness has to end. we have to go to the he had karlts and say it's our job to come up with innovation and look, if it means we adults have to work longer, we have to work longer. we can't let america's children down. >> believe him, he's the star the movie. courtney friel tells us how "waiting for superman" is striking a chord across the country before it's released

across the country. hey, courtney. >> that's right. happy friday. it's getting a lot of buzz first of all and great reviews from you, steve, i see. and it has a 93% rating on the movie sight rotton tomatoes.com and it's only been out for a week in new york and l.a. but it opens nationwide today. you might want to see it. celebrities are lining up to support "waiting for superman." oprah winfrey interviewed the director and did a whole show last week on school reform and she told viewers her angel network will be donating $6 million to fix charter school organizations. that's also where facebook c.e.o. announced his campaign for school reform and pledged $100 million to the newark, new jersey school system. bill gates had a small part in the film and says on his blog he did it because we need dramatic change and it's a tragedy that so many families have no real alternative for their children than a failing local public school. the bill and melinda gates foundation have donated millions to charter schools. and the same goes for the walton

family foundation. sam walton of wall street which contributed a lot to the charter school growth fund in denver. they've received $80 million in initial commitments and will be giving 20 of that to six charter schools. paramount pictures has organized screenings of the documentary at charter schools around the country. maybe you can attend one of these. they're trying to attract new donors. one school in baltimore brought in $35,000 through a recent screening and got a check for 10 grand a week later from a first time donor and you, too, can get involved if you're passionate about children's education. two web sites that will help you take action and raise awareness are getschooled.com and waiting for superman.com and at the site donors choose.org moviegoers can earn a $15 giftcard that goes to a classroom project of their choice and all you have to do to get the credit is buy a ticket to see "waiting for superman" at the box office, fandango or

movietickets.com and go back to the site and enter the code. in the past week, 30,000 students have benefited from this project. back to you guys. >> all right. courtney friel with that. thank you very much. that way, you know, we've been talking about this movie on the program for the last week or so but people across most of the country haven't been able to see it until this weekend. >> lot of people think i don't go see documentaries in theater. no, you will not regret going to see this. everybody will be talking about it. >> right. what it says -- it makes it very clear. there's a problem with american schools. one of the big problems is school unions and of the schools that are very successful what they're able to do is able to pay good teachers more money and teachers who simply are not up to snuff, they can fire them. >> and they take on the term tenure. was it ever intended for schools, high schools and grammar schools? no, it was intended originally for college professors. >> that's right. >> meanwhile, straight ahead, should the president be so concerned with what his critics think. our next guest says absolutely. >> did you notice we're in

october now? today is the first day in october on this date in history in 1979, the panama canal was turned over to panama. >> thanks, jimmy carter. i wanted it but we made it. in 2008, congress -- want to debate that now or should i finish? the 2008 congress passed the financial bailout package. >> and in 1969, the archies had the number one hit in the country "sugar, sugar." vegetables have important vitamins and minerals that can really help protect you. and v8 juice gives you three of your five daily servings. powerful, right? v8. what's your number?

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> >> yeah, thought so. talked about humanitarian statesman, jimmy carter the winner is somebody who is really smart. all right. congratulations. meanwhile, president obama not

only does -- not only does he take the time to criticize the media in an interview in "rolling stone" magazine but also lectures his very own base over apathy. is the president too concerned with calling out others and if so, why? >> the author of "the roots of obama's rage" a former policy analyst with the reagan white house and president of kings college in new york city. first off, are you surprised about the level of anger that the president seems to have and concern about his critics? >> well, i think the wheels are coming off the obama administration a little bit so they feel the need to lash back and the case of my book on obama, i think they are right to be worried because if my theory is correct that obama is a product of his father's anti-colonial ideology, it explains a lot of what he's doing both in foreign and domestic policy and i don't even think that many people who voted for obama signed up for that. >> why would obama do that?

i mean, he barely knew his father growing up. his father was from kenya. why would he adopt -- and his father's point of view was anti-colonialism. >> his father grew up in kenya when kenya was fighting for independence from the british. interestingly, even though obama never had his father, he was obsessed with the man that wasn't there. when he got an advance from a publisher to write a book on his own life, he wrote "dreams from my father" and notice, it's not dreams of my father. he's not writing about his father's dreams. it's dreams from my father. the dreams that i, obama, got from my dad. his mother was the one who built up in obama's mind the mythic image of his father and eventually obama goes to africa and visits his father's grave. he basically says i touched the earth and i tried to commune with my father and i didn't get my father because he's dead. but i got his spirit. i got his vision. >> is this rare for a president to be so focused on what critics are saying about them? >> no. i think that, well, i think presidents ultimately have to set the agenda. this is an election year, obama

has a lot at stake here. so in some senses, i think -- and this is an election about obama even though it's a midterm election, he is the single issue defining the election. i'm not trying to bash obama. i'm trying to create -- i'm a college president and i'm trying to create an explanatory framework to make sense of him because two years later, we don't fully get him. >> here's an example of him lashing out. it's a point of view, this according to the president of the united states, it's a point of view that i think is ultimately destructive for the long term growth of the country that has a vibrant middle class and is competitive in the world. that from the rolling stone article in which he takes on all his critics, the tea party who is critical of his policies and he takes on fox news directly. is that smart? >> i don't think it's politically smart. i think for a president, it's better to be transcendent, to rise above the shouting, if you will but i think i'm noticing a strange inflexibility in obama. he's a little bit like a toy soldier. when he walks into the wall, he keeps going but doesn't have the resourcefulness to be able to

make the turns that political prudence dictates. >> ok. so they're in a tough jam right now because it looks like they're going to lose the house, they might lose the senate as well according to rich lowry this morning. so i understand him being critical of his critics. but he's also taking shots at the people, his base, who he needs to have show up, come the first tuesday in november to put -- keep his people in power. >> part of his problem, i think, is that his own base is beginning to say he's not one of us. a lot of business guys voted for obama. one reason my article cover story in "forbes" created a big furor and the white house called the "forbes" office to yell at them and demand a retraction, a lot of business guys thought we're voting for another clinton, a guy who is economically probably sensible, socially liberal and now they're saying, what's going on? >> they wanted you to retract your story. >> exactly. >> yeah. >> and also, robert gibbs, the press secretary kept raising diversionary issues unrelated to anything i'm saying. >> you wrote the book "roots of

obama's rage" but you knew all that. thanks so much for joining us. straight ahead, another hour. >> we do, anna nicole smith's former boyfriend caught a big break. a judge dropped the charges against him? geraldo is here at the top of the hour. right? >> there he is! and also joining us, isn't this exciting, country superstar toby keith. how he's become successful in a down economy and we're not just talking about his music, guys. >> the story coming up. fiber one chewy bar. how'd you do that? do what? it tastes t good to be fiber. you made it taste like chocolate. it has 35% of your daily value of fiber. do it again. turn it into somethintasty. this guy's doing magic.

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>> good morning, today is friday, october 1, 2010. rahm emanuel is out. can his replacement fix what's broke in washington? >> steve: probably not. >> brian: you can't say that. >> steve: you don't have to go home, but you have to get out. why the white house has turned away the ten-year-old grandson of a medal of honor recipient. that young man right there at the microphone. >> brian: i just saw him in the hall. he made his mark on country music. toby keith is doing the same for business. he will join us on the curvy couch. "fox & friends" starts right now.

>> brian: that's what he was, in the lounge chair in the lobby drinking a beer when i saw him on our couch on the lawn. >> steve: he sang this particular song. he showed up here on a friday. but today, every friday, we do have geraldo on. he'll be with us in just a second. but today is different because it is what we call a frog strangler outside in portions of the northeast. >> frog strangler? fox news weather alert. a wild storm continues to drench the east coast this morning. at least five people were actually killed in north carolina in car accidents related to the rain. you're now looking at new jersey 's passaic river. it's still flooding. >> everybody is very concerned. as soon as they say heavy rain or nor'easter, everybody in town goes into panic mode. >> thousands of people are without power and commutes

expected to be very messy this morning. so check your schedule if you're traveling today and leave a good amount of time to get to work. explosions rock independent day celebrations. seven people were killed. one of the bombs exploded near nigeria's president, but he was not injured. a militant group upset over the oil rich country's giant gap between the rich and poor is believed to be behind those attacks. right now ecuador is under a state of siege with the military trying to restore order. you're looking at outrageous video of troops rescuing the president from the capitol hospital last night. rebel cops were aroundly holding him captive for 12 hours. the country is in chaos after the police went on strike, outraged over cuts in benefits. at least three people have been killed. dozens injured in that violence. south american leaders in the u.s. say they support the president there. and the feds busted up a

scheme to rob american bank accounts by using the internet. 60 people in the u.s. and europe have been charged with using computer viruses to steal the names and passwords from personal accounts. the money was then sent to ring leaders in europe. $3 million is missing in the u.s. those are your headlines. >> steve: all right. meanwhile, huge change coming to the white house today as president obama says good-bye to his right hand man, chief of staff rahm emanuel, the former ballet dancer. julie kirtz live at the white house with the latest. >> and that's a tough sport, ballet. >> brian: you got to be flexible. >> this has been talked about for weeks and weeks, but still a hit for the obama team as they face the midterms in a struggling economy. the president will make it official at 11:00 o'clock our time here in the east room of the white house. saying good-bye to his tough and intense white house chief of staff, rahm emanuel.

the president has already all but endorsed rahm emanuel for mayor of chicago, saying he would make a great mayor and rahm emanuel has said this is a job he's always wanted. the guy taking his place, pete rouse, is very different. this is not someone who has been in the spotlight a lot, but he is very well respected on capitol hill, worked there for 30 years, was senator obama's chief of staff and helped plan the transition to the white house for president obama. here is gibbs on pete rouse yesterday. >> look, pete has been with senator-elect, senator, president-elect and president obama. >> loyalty and trust, but rahm emanuel and rouse are very different. rouse is considered calm. rahm emanuel intense.

also rouse, as i said, has been on capitol hill for 30 years. he is well respected, but this is not represent a shift to the white house, at least for now. he's being named to the position of white house chief of staff temporarily. back to you guys. >> steve: all right. thank you. >> brian: that's going to be intriguing. five minutes after the top of the hour. i'm going to welcome in geraldo rivera. sit back and enjoy. it's about to happen for the next ten minutes. first things first, a new poll shows independents are just as passionate as anybody of the segment of the voters. and the question to you is, why does the president seem to be only trying to rally the democrats, almost giving up on independents? >> in that regard, let me say something, i don't like to attack the president. i believe is beleaguered in many ways. but when he attacked fox news the way he did, i think he was really guilty of stereotype not guilty a way that i found personally offensive. >> steve: bad for america? >> the ideology under this roof

are just as varied as they are and under your roof at home or any other institution, any other news group. you can point out the right wing, people on the left wing, people in every single network and i personally, as a person who feels very much an independent, even though i am a registered republican, i support president obama, but i am offended by what i consider to be an insult. in that regard, i think the professor from king's college who wrote the book about obama being the product of a precolonial african kenyan mentality that he learned from his dad, i think that writer is chewing that cat, that narcotic leaf that we found when we went to the somalia conflict. to say that about the president, that -- they had concentration camps in kenya in the colonial era. they were bad. everyone admits they were bad. the president went to harvard. he's a product of what he

learned from his dad that he learned for ten minutes? >> steve: that was his theory. >> this is trying to get president obama to be another, a muslim, all that birth crap. i think it's really, really -- it's lazy and it's artisan and i really don't like it. in terms of the independent question that brian asked me, i believe that when you see who the independents are, we used to call them reagan democrats. now they don't have a particular party affiliate. but they are antitax, anti-waste, fraud and abuse, anti-big government, and they are very motivated to vote against the democratic establishment which they perceive and with substantial evidence, to be the party of big tax and big government and business as usual. so when you add up the reagan democrat, the kids who aren't motivated, or if they are, they feel disappointed because they don't have jobs or because the president has not been progressive or liberal enough, that's why we don't have immigration reform. that's why health care did not

include the public option. that's why we haven't had card check for the public unions and the other unions. so they're disappointed. either they're not going to vote or vote against the democrats. i think it will be a semennal election and i think, because the president is a centrist, can motivate people on the left or write. >> steve: you think he's a centrist? >> look, would we have 100,000 troops in afghanistan if the president was a liberal? >> brian: did you read his book? he doesn't want the troops there. >> the proof is in the pudding. i'm going back to afghanistan. charles krauthammer also, and we love our dear colleague, after saying christine o'donnell was a loser in every regard was asked if he was a registered voter in delaware, who would he vote for, he said a republican. there is an example of that. this is an election that will be largely determined by the fact that one side is motivated.

the other side is disspirited and i think the democrats are in for a big, big shock. >> steve: does the centrist say stuff like, the stuff about fox news, does he lecture his base? does he -- >> the reason i'm so offended by the attack on fox news, mr. president, and i wish you would give me an interview, i think i'm going to be the last one on your list, maybe after the dog food channel, you'll come to geraldo and you should have come to me first. i think that when he has made these policy decisions, i think when you look at him, he's much more clintonesque than he is lyndon johnsonesque. i just want to click him off again. afghanistan, no public option, no immigration reform. most dramatically, no card check for the unions that supported him. those are the people going to washington with their big liberal progressive parade that glenn beck correctly points out will include fringe groups like the communists. i think it's a big bust. the interesting fray will be the jon stewart, steve colbert. >> brian: i will say, if he had his truthers, he would have

gotten all those things. >> how do you know that? are you going to psycho analyze him? how do you know he's not really a centrist. >> brian: because he wants card check. >> if he wanted it, he would have pushed it. i haven't heard a word of it. >> brian: because he can't get it passed congress. >> cap and trade is an issue. >> steve: it passed the house. >> cap and trade, remember, had enormous incentive or momentum and then people realized that they had phonied up the research. it caused amazing uncertainty in the scientific community. >> steve: and it cost -- >> i think it was the proponents were so -- their credibility was so diminished by these exposes, there couldn't be one. >> brian: breaking news, people. >> i hate to ruin this. anna nicole smith's boyfriend, howard k. stern. this is the juicy gossip.

she died of a drug overdose in 2007, so boyfriend was blamed for getting her drugs, obtaining drugs. >> which he did. >> well, now he's been acquitted. the judge is letting him off. >> he's acquitted on two of the 11 counts. so you still have nine counts against him and the judge, i think, was way too activist. you don't like activist judges. how can you like a judge who says you need evidence of specific intent if you're going to write a prescription in a fake name for a celebrity? you have to have specific spent. they knew it was illegal. duh. i know it's illegal to write a prescription if my wife was going to say that my heroin prescription was because in joe blow's name 'cause she didn't want to embarrass me. my wife is smart enough to know that's a crime. you can't do that. howard k. stern is a lawyer and it's still nine counts against him and i think in the case in los angeles, justly criticized

the judge for his activism and says these are questions for the jury to decide. it goes to the jury on monday. ainsley and i believe, although the case against him in many ways has been handicapped by the judge's obvious disdain for the prosecution case, i think that there is a reasonable chance that at least on some of the counts, they could find him guilty. >> steve: howard k. stern, an attorney. >> my first anchorman. >> brian: we're watching geraldo at large. coming up, this story. >> the suicide victim reportedly asked the school for help before jumping to his death. will this change the charges? >> brian: then toby keith is here just to meet geraldo. he's been very successful in this down economy. we're not only talking about music, how he would do it,

talking business. >> what's in the cup? >> brian: try to relax, toby.

>> steve: police identified the body of tyler clemente, the rutgers freshman who committed suicide after his sexual encounter was streamed live on the internet. his roommate and another rutgers

freshman are accused of posting the video. they've ohm been charged thus far with invasion of privacy. nothing to do with his death. so does the so-called facebook culture teach teens that everything can and should be distributed on the internet? what are the legal ramifications? that's why we called in peter johnson, jr. >> it's a tragedy. and everybody is feeling it. any parent who has a child in a college or is going to go to college feels it. this is a child, mr. clemente just started college and then his parents get the word that he's in the hudson river for jumping from the george washington bridge. i think it's about two things. license and licentiousness. privacy has gone out the window. pornography is being accepted in this country. we are diminishing our privacy voluntarily. the web, web cams, phone cams, the internet.

it's led to the availability of technology has led to us saying privacy is not important anymore and now we have a death that allegedly is as a result of this web cam incident. >> steve: so many kids these days live everything on the internet. they go to a party, they go to the grocery store, they post pictured and twit pictures. this kid, driven to this extreme. he's standing on the bridge and reportedly he twittered, i'm about to jump into the gw bridge. sorry. >> it's almost a disconnection from reality, as if that's another event to be posted on facebook. there was no event the next day because that's the end of his life. but there is an interconnection between broadcast journalism and what we're seeing in terms of the internet. there's a great responsibility that broadcast journalists have and i know you follow it seriously and fox does, that there is a connection between what you put out on the air and how people respond and react.

we are living in a society where every person become has broadcast journalist with video cams and so when you do that and there is an adverse reaction like this is here, then people say should these people be charged with homicide, manslaughter. >> steve: you look at -- they did that and then he jumped off the bridge and people want more than just an invasion of privacy charge. >> and they're looking for a bias charge. is there some bias that the young man was gay and that they were engage not guilty some sort of bias. i don't see any evidence of that at this point. people are grasping for straws and saying, well, five years is not enough. they're outraged by the immorality. but the legalities have not caught up to the moral issues. >> steve: they've got to change the law. harassment has got to stop. >> but how do you change the law? do we know that these two people believed this boy would die as a result of their conduct?

was their intent -- we're outraged by it. we don't know where to go. >> steve: that's why we call you in every day, peter johnson, jr. >> good to see you. >> steve: thank you. meanwhile, next, a story that will make you sick. an american tourist jet skiing with his wife, shot to death. then adults acting like children. what makes parents snap like this? country superstar toby keith approaches his kids football team. you're next on "fox & friends." #

>> brian: he's a multi platinum superstar who shoots straight from the hip. his song comes out next tuesday. >> ainsley: all right. we are joined by him, this is amazing. singing in concert, now i get to sit next to you. >> steve: good morning to you. >> ainsley: i'm sorry. we didn't say his name. >> steve: because he's such a big star. >> ainsley: everyone knows his name. >> steve: let's point out the obvious, first of all. he's the most relaxed guy on the couch. we've been here for 2 1/2 hours and you are the most relaxed guy on the couch. >> let's kick them up. >> brian: we could all do that. i could move the computer and you could use this as an ottoman, perhaps. >> steve: you're a coach for your son. right? >> i am. >> steve: did you see the video of these parents going helter 1998er a couple days ago -- look at this. >> brian: two parents started fighting because they were

breaking up a kids fight. >> that's us. >> brian: it better not be you! what happened is there was a fight on the field and one of the coaches went to break it up and they were misinterpreted perhaps and then the other coach grabbed the other coach and then they were fighting. have you seen stuff like this on the field and what is your advice for parents? >> no, but when you got your kid on the field, i think it's probably more parents from the stands than it is the coaches usually. as they get older, where we are in middle school. >> brian: you're in eighth grade? >> it was worse than little league. >> ainsley: really? >> parents intervening, my kid didn't play enough or jeopardizing my kid or whatever. >> steve: that's why you coach. that's why i coached, to put my kids in. >> really? >> steve: yeah. >> ainsley: the kids look up to the coaches. they're looking up to the coaches. i know back in the day they were like, get in there, son, fight. but you can't do that now adays. you're a role model.

>> yeah. wasn't that parents mostly fighting? >> ainsley: well coaches too. >> brian: the kids are protesting. do you think it's fair for the kids,. >> steve: if from what the parents did? >> nothing is going to be fair for the kids. somebody has to pay for it. you put the parents in jail, but i mean, you have to penalize the team. is that what they did? >> brian: right. so your son is five' 10. 13 shoe. stay close to him 'cause he's going to be your meal ticket. >> steve: speaking of meal ticket. i'm not your meal ticket. toby has got a chain of restaurants. >> i do. >> steve: and not only are you a performer with a night job, but also you're a small businessman. actually big businessman. in a challenging economy. >> well, we have filled a void with, the name of the restaurant is called i love this bar and

grill. people at harrow's came up with the idea. a friend who moved out here from las vegas to handle to atlantic city. he come up with the idea and we put one in several years ago, four or five years ago in vegas and it went great. so we have eight now and projected to have 40 in the next few years. >> steve: as a small businessman, a guy in business, i know you got partners and what not. >> you won't let me get my plug in first? >> steve: no, you did. there is so much uncertainty now. you don't know if taxes will be going up, health care is going up for the cost to employees and stuff like this. this is tough to run a business. >> we kind of fill a void. i'm not in there cooking burgers and selling beer. >> brian: but you could? >> i could. but i got a night job. >> steve: i know. you keep telling me about this night job. >> brian: let's talk about bullets and the gun. it's your cd that comes out next tuesday. right? >> right. >> brian: this tuesday.

tell me about it. any good? >> well, i think it is. >> brian: everything you do is good. >> ainsley: you and write all your songs, too? >> probably 99%. >> ainsley: how many this year? >> i've written 35, but they will go on the next album. >> brian: you say your songs, this is trouble -- are more and more happy. you need to have a little bit of edge to you, a little bit of depression. >> who says my songs are happy? >> brian: that's my conclusion. you're getting happier as you get older and it's reflected in your music. how is that for an assessment? >> i hate it. >> brian: are you unhappy and it's reflected in your music? >> i like that. >> ainsley: what about one of my favorite songs, "how do you like me now ," were you sticking it to someone when you wrote that? >> well, it was one of those songs where i wrote it with another guy and when we wrote it, we were talking about two different girls. it's kind of a combination of two. >> ainsley: have you talked to her since the song has been released?

>> no, mine was about two or three different ones. but i drew from my favorite bad things. >> brian: the next question, you write mostly about drinking beer and romance, if you had to make a choice, which would you choose? >> drinking beer and romance is a coin toss. >> steve: check out his new album. >> one leads to the other. >> steve: i hope so. "bullets and the guns" comes out tuesday. have a safe trip back to oklahoma. >> brian: if you want to take the coach with you, you're so comfortable, go ahead. >> steve: if i were you, i'd put a curvy couch on your stage. >> ainsley: thanks for being here. rahm emanuel, he's out now. can his replacement nicknamed the fixer really fix what's broken in washington? steve says no. we'll ask chris wallace. >> brian: then the white house turns away a ten-year-old boy trying to pay a tribute to his grandfather who won a medal fighting for us. >> steve: get this, artery hurley, the -- elizabeth hurly

is here. what she's doing to lend a hand to women everywhere. >> brian: i hope she likes me. >> steve: there she is.

>> president obama's chief of staff, rahm emanuel, expected to announce his resignation tomorrow. he doesn't want to leave, but so many people are leaving the white house, he doesn't have enough staff to be chief of any more. >> brian: he's out. what did i say the first hour? i said he can't go back to his house because he leased it out for five years and the people aren't getting out. so guess what he's doing? he's going to be staying with man cow. he wrote me and says, clearly the radio personality, he is housing rahm emanuel until he can find something. >> ainsley: what about obama's

house? who is living there? >> that's his house that he was going to travel to all the time, but as it turns out, didn't. >> steve: chris wallace is joining us from our nation's capitol. chris, we know you got a big show coming up this weekend. one of the big things is rahm emanuel is calling it quits today. peter rouse guy is going to probably take his place in the interim. but he's another insider. is that going to help obama, because there are so many people who say look, the team is broken. you need some fresh blood. >> well, i think it's a legitimate point. but again, rouse is a very serious guy. he was obama's chief of staff during his entire time as senator in what is that four years, i guess. but he was his chief of staff and helped launch the amazing presidential run. it's a legitimate point as to whether or not he could use an outsider. obviously as you look at the polls now and as you look at the white house, the president's standing with congress, they don't seem as strong as they

could be, and particularly if republicans regain control of either the house and/or the senate, there is a question as to whether there needs to be a mid course correction, is pete rouse, as you say, very much an inside the right guy to do that? we have seen presidents bring in baker or panetta in the case of bill clinton, to really signal -- and not only does the pr move, but the reality, we're going to change the way we do business in this town. that may be one of the reasons that they have rouse as an interim at this point. let's wait and see what happens in the election. >> brian: they say maybe tom daschle will come back. he's got the experience, low profile. it's all about the administration, not about him. you're probably not going to read books where he really stood about issues like perhaps rahm emanuel let it be known. john boehner has a program and a plan how to fix congress. he believes it is a state of emergency. it's called a cut as you go rule. what do you think about it?

>> i think it's a pretty interesting idea. of course, what they always pass is pay as you go, which is you have a new program, you add to the government, now you got to find a way to pay for it. what he's saying is, let's freeze the size of the federal government and if you're going to put in a new program, then you have to cut something else out because we're not going to grow the entire size of the government. i'm not sure whether it's actually practical with the population growth, inflation and all of that. but it's a very good political argument and at least in theory, is an interesting governing philosophy. >> ainsley: you spend ten dollars here, you cut it elsewhere. makes sense to us. >> steve: do you have one of those shirts like the guys wear at foot locker? it's the referee shirt? i know you got a debate coming up sunday between rand paul and jack conway who are running for senate. >> well, no, i'm actually going to be one of those lion tamers with a chair and whip. 'cause this is going to be really interesting. rand paul, when you think about it, is really the original tea

partier. he was the first of the tea party candidates to win nomination over a very well funded establishment, republican candidate. he has the courage of his convictions. he's against any government intervention in the private sector, including the auto bailout, stimulus, tarp, any of that stuff. he's running against jack conway who supports a lot of the obama agenda. so they couldn't be more separate in terms of their views on a lot of the governing issues and quite frankly, i don't think the republicans can win control of the senate if they don't win in kentucky, it's a republican seat. jim bunning's seat. right now, according to the polls, it's a flat footed tie. this should be a very interesting debate, very different views of where the country should go. as keith jackson likes to say about football teams, these guys plain don't like each other. >> brian: that boosted ratings. hope it will do the same for you. always good to see you. >> steve: we'll be watching this sunday. check your local listings for show times. >> ainsley: he has a busy day

sunday. this is something to watch. tensions rising between lebanon and israel. now some say that it could escalate into the next big war reena joins us now. >> good morning. analysts say the next war between israel and lebanon could be one of the deadliest. i sat down with the head of the u.n. peace keeping forces in southern lebanon and i asked him what the u.s. government could do to strengthen a deal with lebanon. >> they have to support, to assist the lebanese government and armed forces because this is the key for the country to get peace. >> what specifically could the americans do that could remain help improve lebanese military? >> they can help with assets, of course, and also with money, mainly for infrastructure.

>> do we have any proof that hezbollah has rearmed more weapons in the south? >> we have information coming from the intelligence services, from different countries, but we don't have any evidence of the weapons here. >> is israel violating resolution 1701? >> the israelis are violating the u.n. resolution 1701 every day. and occupying the north area. we denounce every day, every week, in our reports, we denounce always this violation from the israelis. >> the village that rests on the border between israel and lebanon, but as long as hezbollah remains a powerful force in lebanon, the times here will be uncertain. back to you in new york.

>> brian: great stuff. we got to find out where we go from here. thanks. we got to get you updated on other headlines. american tourist, husband and wife are ambushed by mexican drug gangs while jet skiing. it happened on falcon lake at the border of texas and mexico. you got david hartley shot in the back of the head. he died. his wife able to get away. he worked in the oil business. >> ainsley: the suit that o. j. simpson was wearing when he was acquitted for the murder of his ex-wife nicole and her friend, ron goldman, now part of the museum exhibit. the suit is now on display at the new seum in washington, d.c. to mark the 15th anniversary of the verdict. >> brian: being called short skates. the white house saying sorry for refuse to go let this ten-year-old boy on tour of the west wing because he was wearing shorts and a t-shirt. the baker family was turned away because the staffer said the boy was inappropriately dressed. he's the grandson of 90-year-old

medal of honor recipient vernon baker who passed away from cancer recently. a white house spokesman says it was a misunderstanding and the family invited back. >> steve: great. meanwhile, time to take a look at the weather and there is plenty to talk about. saint mary's county, maryland, under water, as you can see. the water is rising above the knees. in north carolina, five people were killed in rain-related car accidents. thousands remain without power from the carolinas to maine and it is really starting to come down in portions of the northeast. all the way from jersey right up north. straight ahead, rahm emanuel is packing his bags for chicago. now what? we'll talk to andy card. how will this shake things up in the west wing. >> brian: elizabeth hurley, live here to explain what she's doing and evelyn louder to talk about how women can be helped by what they're saying everywhere.

>> ainsley: now a look at what's on this weekend. over to you guys. >> i think i know what we're going to do after this. >> because you guys are so kind and such good host, you're going to go introduce yourself. >> we want to make her feel welcome. coming up on the weekend show, the latest on the fallout from rahm emanuel, calling it quits. karl rove will join us with his perspective on his replacement. called the fixer. can he fix washington? >> there is a new study that says adhd could be genetic. our medical a team will look into what this finding means for millions of kids across the country. >> times are tight, we're getting strategies from america's cheapest families on how you can cut your family's grocery bill in half. that's 7 to 10:00 o'clock saturday and sunday. >> you're bringing your family in?

>> brian: president obama's right hand man, rahm emanuel, going to announce he's resigning. he's doing it in hours. he's leaving the post at the white house to launch a run for mayor of chicago. so who will fill that seat? what changes can we expect at the white house? >> steve: i wish we had somebody who knew what the chief of staff did in the white house. oh, look at that! he's a real card. andy card, former white house chief of staff under george w. bush. great to have you. >> great to be here. >> steve: so it sounds like pete rouse who has been an insider with this obama circle for a while and joins valerie jarrett, david axelrod, rahm emanuel and

robert gibbs and biden as well, sounds like he'll be the interim guy. >> first of all, he's very different personality from rahm emanuel. he's an expert on the senate. he was a chief of staff to senator daschle when daschle was majority leader. he's got an easy demeanor. he knows the process. he doesn't have much of a personality or a life. this will be his life. >> brian: he likes cats and he's a bachelor. >> that's it. >> brian: he likes cats. >> the musical? >> brian: i don't know about that. but he likes the animal. thank you very much. the musical didn't make much sense, it hurt your back to watch them. andy, can you tell me what it does with changes when chief of staff changes? >> well, the policies of the president's policies and the definition to the government and to our country comes from the president. i disagree with the philosophy of the president, the politics of the president, the policies of the president, but i want his chief of staff to serve him well. and rahm emanuel did a good job

at that. i disagreed with how he did the job, but he served president obama well. >> brian: what do you mean you disagree? as soon as the job of the chief of staff is help the president do his job and to be very candid with him and tell him he's naked if he's naked and not fully clothed and beautiful. and rahm emanuel got the package through congress that president obama wanted. i disagreed with the package and i would argue against it, but rahm emanuel did his job. pete rouse is a safe bet. i don't think it's an inspiring choice, but it's a solid, safe bet for president obama and he knows the senate and likely that the senate is where the big challenge will be for the president in terms of getting something done. >> steve: this guy is another insider. there are a lot of people on obama's left who are saying, look, this team, your inner circle is not cutting the mustard. you need new blood. >> well, they have different blood in terms of -- there won't be as many four letter words spoken in the west wing under pete rouse as there were under

rahm emanuel. so it will be very different. but i'm not sure the public will see much of a difference. it's still president obama leading the white house and the administration and it's his policies they put in place. so if the left is upset, they should be upset with president obama. >> brian: i never knew why andy card stood on issues and i always found how rahm emanuel felt. this will president-elect obama be someone who will step into the background. thank you. >> steve: have is a great weekend. coming up next, elizabeth hurley and evelyn lauder, lending a helping hand to women across the globe. there they are right there. >> brian: also bill hemmer has been working hard on his show. what's coming up on your show? >> good morning to you. great show this morning. there is so many fantastic political stories out there. did republican leaders make a convincing argument of a shrinking government? has the tea party gone main stream, or can it resist going main stream? fox polling numbers show the head winds of a nation that's frankly ticked off right now. chris wallis, the judge is here in california's messy governor

race. david webb on that tea party issue i mentioned. it's a packed friday. see you guys in about ten minutes with martha and me on a friday.

>> steve: welcome back. 13% of women in the united states will develop breast cancer in their lifetime. but every year, more and more women are fighting and surviving. in honor of october as breast cancer awareness month, the people at estee lauder want you to prevent breast cancer one woman at a time. >> ainsley: joining us to tell us more about the campaign, we're so delighted to have these two lovely ladies here, evelyn lauder and elizabeth hurley, spokesperson for their breast cancer awareness campaign.

two beautiful ladies. what a pleasure to have you in today. >> delightful to be here. >> ainsley: thanks for coming in we support this cause. >> we founded the pink ribbon actually. >> ainsley: did you really? >> we were the first to distribute it around the world. we now distributed 110 million ribbons since we started. >> at every estee lauder counter around the world. >> brian: you've been with the company for 13 years, right? >> 16. >> you need an updated resume. >> brian: tell me about this whole campaign. >> i've been doing this for years, all thanks to evelyn who founded the research foundation in 1993 and i have to say to date raised nearly $300 million for breast cancer research. it's a phenomenal achievement. i have been helping her in any capacity i can since then. we go around the world raising

funds and raising awareness. we also do this wonderful illumination program where we light landmark buildings. in fact, today we're trying to set the world record today. we're going to find out at noon today if we've managed to get into the guiness book of record to illuminate the most buildings in a 24 hour period. >> ainsley: the empire state building tonight? >> no. they started last night and we're flipping the switch today. >> brian: all the lights go pink? >> yeah. we hope we'll be in the guiness book of records. >> and rockefeller center right across the way. did it last night. gm building did it. pulitzer fountain, time warner, new york, the niagra falls. >> steve: because october is breast cancer awareness month. elizabeth, what is something for people who are watching right now, what is the one fact that you constantly go, it's hard to believe people don't know this about breast cancer? >> i think people really need to

know that if it's detected early, it's 98% curable. that's what we need to tell everyone. >> steve: because that's so different because people thought it was a death sentence once upon a time. >> indeed if it's caught in the late stage, the statistics aren't near as good. but if we tell every person to check their own breasts every single month and to get a mammogram after 40 every year, they have a 98% chance of surviving even if they have a tumor. >> brian: evelyn, you know there are statistics coming out, i don't know if it's part of a health care program to save money that says we're not sure if it's worth the money to have the mammographies. what's the reality? >> the reality is that the people who are the real experts in the field at the best institutions, the radiation oncologists, oncologists themselves, all absolutely say that mammography is the best tool with which to find a tumor before it even can be felt. so it is an important thing to

continue to do in spite of what we're reading from some of the studies that are coming from other countries and are being questioned. >> ainsley: are those just insurance companies trying to skew the numbers? >> i'm not sure. i can't answer that for certain. >> ainsley: why not do everything you can? why not do the self breast exam? >> it's cost effective, you're absolutely right. isn't it cheaper to pay for a familiar graphy -- mammography, if a disease is found, to deal with it when it's early and a person can be cured than to have to pay later on for longer term treatment and care? >> i know so many women under 50 who had tumors detected by a mammography. it would be impossible to say -- >> steve: you mentioned women, but extraordinarily, men can contract breast cancer. >> they can. but also -- 1%. >> all men have mother,

daughter, sister, aunts. >> ainsley: have you been touched personally? >> my maternal grandmother died of breast cancer before i joined evelyn's cause. that's what stirred me on to help her. since then, i've known a handful of women under 40, all of whom have been diagnosed, all had mastectomy and all who survived. >> all who found it themselves. >> who says self examination doesn't work? >> ainsley: it touches girls of all ages. i'm seeing friends in their 30s. >> there are more and more younger people being affected by it. >> steve: we'll continue the conversation with folks who would like more information, go to object web site. we will continue with these two ladies live from new york i two minutes. you up for that? >> absolutely.

>> steve: all right. >> brian: elizabeth hurley is here. breast cancer awareness month. and we're going back and forth. what would it take to get you back in our nation? i know you went back to your homeland. >> oh, golly. i guess i would have to divorce my husband and fall in love with an american. >> brian: could you just do that? see if we can work that out. >> he's indian. >> brian: it sounds too complicated. forget it. >> steve: in the after the show show, we'll continue the conversation with evelyn lauder and elizabeth hurley as well. and we're going to talk about the products that -- there are a bunch of products out there. >> ainsley: for the men you don't know, but she developed clip eke and came