>> good morning, everyone. hope you had a good weekend but then you wake up to this because we have a fox news alert for you right now. moments ago, japan becoming the latest country to issue a travel advisory now warning people visiting europe of a possible terror attack by al-qaida. this is a highly unusual move for japan. joining us live from washington, d.c. with the very latest on this developing story is our own julie kirtz. what can tell us? >> it is new this morning that japan is joining the u.s. and the u.k. issuing that travel alert living in or traveling to europe warning of the possibility of an al-qaida terror attack there. like the u.s. alert issued on sunday, it urges people to be vigilant when using public transportation or visiting tourist attractions throughout europe. these travel alerts don't get specific about locations but intelligence sources are giving us more information now about

the threat. western intelligence sources confirm to fox several possible targets in france and germany that could be the focus of the latest terror threat. one is the eiffel tower which is visited by six million tourists a year. it's been closed twice in the past two weeks because of security threats and in berlin, the targets mentioned include a hotel near the famous brandenberg gate and berlin central station. now, according to western intelligence sources, most of this information is coming from the interrogation of a german pakistani man who is now jailed in afghanistan. the u.s., again, is not warning americans to change their travel plans or cancel their trips to europe but to be extra cautious if they go. back to you guys. >> thank you very much, julie kirtz. somewhat of a maddening warning if you're going to europe and you're saying to yourself, ok, i'm here. there's a travel warning that says don't go to popular public places. fantastic. or if you go, be on the lookout.

keep your head on a swivel. the fact is this isn't just speculation. we've gotten a lot of details since janet napolitano joined us last wednesday. >> there was an arrest actually last week, remember? there was an arrest and they said back then it might be like the mumbai style attacks that happened two years ago in india. remember the terrorists came to that city and then went into the hotels and terrorized many westerners who went into the hotels and set them on fire. >> right, in addition to the landmarks that julie kirtz mentioned a while ago, prince harry is a target as well he served in afghanistan and normally traveled with three guys from scotland yard today and he traveled with six guys and they all have gloks. we understand the balance of the security family has had their security profile upgraded. prince charles and camilla are in india for the commonwealth game and they are surrounded by a ring of steel but they're members of the royal family. if you're a regular family

without guys with gloks that are traveling would you change your plans? would you still go to europe? listen to these people. >> you can be run over by a car in the street. you can be injured any place. what are you concerned about traveling? >> only thing that i was afraid of was flights being canceled. apparently, everything is running pretty good. >> i think it's scary for everybody not only u.s. travelers but also, i think, european travelers coming here because you don't know where it can happen, right? >> i think you should take these threats seriously but right now, i feel fairly safe. very safe here. >> there he is standing right under the eiffel tower. >> they say it goes right back to northern wazeritstan where the militants go and they've been using software, voice wear days voice software where they're able to identify voices in that area and target it back to citizens of germany and britain in particular. you might be saying to yourself, why europe? in europe, you can move from

city to city, from country to country, once you have the citizenship, the passport, pretty freely. >> that's the key, i think, to this whole situation. these are muslim militants are european citizenship. that's the whole crux of this matter, folks. this is what makes it easier for these terrorists as brian just said to go from place to place. these are home grown in many situations europeans now that have infiltrated the entire society there and pretty tough to figure out who they are. >> we know where they're training. they're training in europe but more importantly they're training in the lawless region of pakistan which is making the c.i.a. guy who is with the government heading up an agency for president obama and says, you know, it's about time we just started identifying that area and going in heavy. >> and apparently, the c.i.a. has doubled the number of drone strikes over there in anticipation of some sort of problems.

and to show how far often the united states does ramp up travel alerts. remember september of this year during the plans by this florida church to burn the qurans, that's when they did up it. before that, it was a number of years. 2004 following the train bombing in madrid as well. i read somewhere that apparently sweden even on friday up there is to the highst level they've ever had because of those. when gretch mentioned mumbai style attack, that's tough to get a handle on because it can be a guy with a gun. we're talking about guns or grenades. remember -- >> or militia that took over. >> remember back in the day when john muhammad and lee boyd malvo terrorized washington, d.c. they had a hole sawed in the back of that impala and they were shooting people. all it takes is one guy with a gun. >> by the way, this goes back to

bin laden who has cut three tapes in two days. michael scheuer will be joining us shortly, actually next hour and say in a way that al-qaida has already won because they've hurt terrorism in europe and they've caused ours to amp up and put out more money for security. in a way, by having the threat of terror, that's almost as good as the actual act. >> he's the former head of the bin laden unit so he probably knows a thing or two about what's going on. we'll look forward to speaking to him. we start with another breaking story. in pakistan right now, militants attacking at least 20 oil tankers carrying fuel to afghanistan for u.s. and nato forces. three people have died. it's the third attack on tankers in as many days. taliban militants claiming responsibility. pakistan is the cheapest and most convenient way to get supplies to our troops in afghanistan. today is elena kagan's first day on the supreme court bench but she's already having trouble doing her job. she'll sit out three of the first cases because she served as president obama's solicitor

general and there could be conflicts of interest. one of the biggest cases this week are protests at military funerals protected under free speech. remember this story? the father of a marine killed in iraq defending his right to grieve in privacy against members of the westboro baptist church who have protested at his son's funeral. rutgers university held a silent vigil to remember a student who took his own life after a sexual encounter was streamed live on the web. it was the latest memorial for tyler clementi who jumped from the george washington bridge last week. two of his classmates are charged with invasion of privacy and face up to 10 years behind bars. memorial service held in los angeles for hollywood legend tony curtis. the service will be held this arch at the palm mortuary and cemetery in green valley. instead of flowers, the curtis family is asking people to donate to the shilo horse rescue, a cause close to the

actor's heart. tony curtis was 85 years old. >> he was on our couch. let's talk about president obama. he thinks he's going to have to call an audible. change his approach to his final two years in office if, of course, he doesn't win re-election and what's the approach going to be? >> well, instead of big stuff, big sweeping stuff which he's tried to do in the first two years of his presidency, instead, if he doesn't have the majority, the same kind of majorities in the house and the senate, what he's going to try to do is pare things down to bite sized stuff. he feels if in 2012 he's going to be re-elected, he'll be able to say remember when i was here, asking for your vote four years ago, i said i would do stuff in climate change, terrorism and immigration. he'll be happy just to be able to claim a little victory. >> i don't know how that's going to work out, though. you know how you build your first impression. they say that the minute the person walks in the door, you kind of develop what you're going to think about that person.

i'm not so sure he's going to be able to change the minds of even moderate democrats with some of these issues like climate change, immigration, terrorism policies and specifically republicans especially if they have the majority, how apt are they going to be to work with their programs after they feel what they've gone through for the last 18 months. >> this is going to be interesting. so far, president obama has not looked as though he wanted to -- >> he changed his policy. there's a difference. >> we had a different opinion for bill clinton, they say if he reaches out to republicans when it comes to deficits, he hopes that republicans will help him when it comes to gitmo like moving all al-qaida guys over to illinois to the illinois prison. they also went on to say in immigration, maybe we'll do border enforcement for the republicans if they give me elements of the dream act. that's very clintonesque but he's shown no signs although

"the wall street journal" speculated he wouldn't be able to do it. >> there's one other that republicans say they could work together with the president and that's on renewable resources and energy as well. they say if it's paid for with expanded off-shore oil drilling and not an energy tax and not cap and trade or cap and tax or the carbon tax, whatever you want to call it, then they might be able to go along with him in that way. but there aren't that many different areas where they say yes, that's a great idea. >> it's so easy to sell. you link it to terror and link it to the middle east and then we can buy into it. >> you link it with what's going on right now in europe. >> right. >> remember how we told you about some democrats this midterm cycle are not even admitting in their advertisement as they're democrats. they come off talking about republican policies. now, governor ed rendell of pennsylvania is echoing that to a certain extent by saying even if you don't like the canndidat

and you're a democrat, you should go out and vote for them no matter what. >> our job in the next two weeks is to tell our liberal friends this is a choice and the other choice is starkly bad for america and for the things that you believe in. there's an old political adage. all we have to do is get them to the polls. a tepid vote casts the same as a wildly excited vote. >> if you love the status quo, go, get those people out. they don't have to love the people in power now. vote for them again. >> sally field would say you kind of like me, you don't really like me. vote for me. >> the problem is he's trying to get the support from the liberal side the same way in which the tea party has done it on the opposite side. the problem is there's anger on this side. i don't know if there's the same amount of anger on the liberal

side. that's going to get out the vote on the tea party. >> what he's going to try to do is remind people. if they get in power, bad stuff. boogie man coming. >> the unions are flexing their muscles to put pro labor candidates in office. wait until you see the long-term fallout that could be costing you much more in taxes. that's next. >> then a new law on the books that forces cops to go easy on pot smokers so does giving citations for marijuana really make the streets safer for your children. we're going to debate that. hey, did you ever finish last month's invoices?

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>> 29 states raised their taxes by $24 billion. now, get this, that is the largest increase since 1979. it's the latest figure in a growing trend of big government spending and some say the influence of big unions is to blame. >> we helped to get you into office. and we got a good memory and come november, if you don't back our program, we'll help to get you out of office. >> here to give us a closer look is steven molanga, senior fellow with the manhattan institute and author of the new book "shakedown, the continuing

conspiracy against the american taxpayer." good morning to you, steven. >> good morning. >> continuing consfir si against the american taxpayer? >> yep. >> in what way? >> well, basically, over the last 40 to 50 years, we've seen an american growth of what i call a big government coalition of public sector unions and advocacy groups that benefit from bigger government. that's the key. it's not really about are we going to have a tax cut or tax increase? what's better? it's what's better for them so particularly at the state and local level, there's been this really tremendous relentless growth of taxes even while we're debating whether we should raise taxes in washington or not, it's happening at the state or local level and that's one of the reasons why the tea party is so angry. >> we gave that stat that's scary to me. 29 states increasing taxes by $24 billion, the largest increase since 1979. well, at the same time, we're debating trying to cut spending. i don't get it! >> in the middle of the worst recession since the great depression. think about that. here's the thing. public sector unions are the

major force behind tax increases in america. i've counted 25 campaigns in the last two years alone. right now, in california, the teachers union is spending $6.5 million to support an initiative to raise business taxes in california. you see this around the country. they are really the force behind higher taxes. >> and they're also the force behind electing politicians as we just saw in that clip in the introduction, they, i believe, 90% of the money that's given to teachers and to politicians and support unions, the teachers union comes from the two biggest unions according to that new movie that's out. >> right. and here's the thing, that's exactly it. you see the problem is that the unions, public sector unions are a permanent power in places like sacramento, albany, trenton, springfield, illinois, they're all there and they can influence the republican party and democrat party. that's crucial to understand. >> how are we going to start controlling the spending? when you look at states like

california, new york, new jersey, illinois, they are going bankrupt, you believe in part because they cannot continue to pay out the pensions to the union. >> the pensions have become the big ush u in the fiscal meltdown because we now have $3 trillion. think about this. our states and municipalities have $3 trillion in obligations, future obligations that we have to pay off and most of it we haven't funded yet. you look at a state like new jersey, i really don't know how they're going to -- how they're going to get around to pay their pensions. battle that chris christie in new jersey has been to fight the budget, he doesn't have enough money to contribute to the pensions. i don't know where the mroen is going to come from. that the a really long-term problem that states face. >> some people say a federal government bailout could be coming down the road. >> yes, i hope it does come. it comes with really strong restrictions like yeah, we'll bail you out but you have to change your pension system to make it sustainable, to make it

reasonable because what politicians have been doing is giving these things for support without caring about the tax implications of them. >> all right. scary consequences. the new book "shakedown, the continued conspiracy against the american taxpayer" thank you very much. >> thank you. >> democrats and republicans have drastically different plans to create jobs but when it comes to the long term, does either party have a plan that actually works. we hope so, right? a fair and balanced debate is next. the wife of the imam that plans to build a mosque near ground zero says her family is now receiving death threats. that story is straight ahead. sn and so does her back pain. that's two pills for a four hour drive. the drive is done. so it's a day of games and two more pills. the games are over, her pain is back, that's two more pills. and when she's finally home, but hang on, just two aleve can keep back pain away all day with fewer pills than tylenol. this is rachel, who chose aleve and two pills for a day free of pain. ♪ and get the all day pain relief of aleve in liquid gels. ♪

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>> welcome back on this monday morning. floodwaters are beginning to recede in windsor, north carolina, after the remnants of tropical storm nicole absolutely pounded that state. much of the town is expected to remain underwater, though, for a

couple of days. oh, great. and breaking now the test, won the nobel prize in medicine. 85-year-old, that guy right there, robert edwards of britain developed in vitro fertilization in the 1950's. it has helped four million people conceive children. brian? >> talks a lot about having a federal budget balanced all the way next year. he's just not going to tell anybody how he's going to do it this year. >> we have to ask, where does the money come from? jack acts like the money is free. go and get it from santa claus in washington. money is not for free. it has to be borrowed. >> very important debate that helps this segment. that's the kentucky republican candidate sparring with the democratic candidate over the hottest issues of the midterms and that's the economy. and across the country, the same debate is playing out in almost every race so does either party have a viable plan to spur job

growth? joining us right now to debate it, former campaign staffer for bill clinton and al gore, campaign in their campaign and gretchen hamilton, executive director of public notice. first off to you, gretchen, is there a republican plan for jobs or is it just don't do what the democrats are doing? >> i mean, the republicans laid out a plan earlier this month and they had a lot of good things in that plan including reducing government spending and i think everyone agrees that government spending needs to be reduced and putting some certainty back into the market. we have to have businesses, you know, knowing that there's some certainty, reducing that anxiety and fear so they're willing to invest the $1.8 trillion they're holding on to right now. >> all right, richard. so far, you have to say with the g.d.p. at 1.8% and unemployment holding at 9.7%, the democratic plan is not working. >> yeah. no actually, brian, i disagree but don't take my word for it. take the word of mark zandy who

was mccain's mechanic advisor and nonpartisan economist. most partisan ones say a combination of tarp and stimulus increased gross domestic product actually quite substantially and also increased employment from two to three million jobs or more. i realize it doesn't feel like it when we're at 9.6% and people can make fun the only jobs we saved were the government workers as if firefighters and cops and teachers were somehow paper pushers. these are the jobs that we protected and you point to me a tea party person who thinks we just as soon do without them. >> i think a tlot of economists would point out there's jobs and payments and positions that we couldn't afford that put off painful decisions. gretchen, on the other side, when you have mark saying one thing, a lot of people are saying the g.o.p. up to 2006 until they lost the house and the senate were flying high.

i believe the g.d.p. was 3.5% or unemployment 4.6% so was it working? >> i mean, you have to look back at maybe it was working but also they were spending a lot. you have the american public who is very -- who is questioning them right now, will they return to old habits or be like the g.o.p. like 1994. they were able to reduce spending. we had an economic boom so will it be that g.o.p. or will it be the g.o.p. of the bush administration? >> so let's take a look at the g.o.p.'s focus. taxes and debt as you mentioned. national security, of course. you talk about missile defense. energy and innovation when it comes there. for the democrats, infrastructure projects which we thought were coming with the $860 billion. health care reform which i believe we got and i'm still wincing and green energy education so what part -- basically, what agenda, richard, defend your agenda. >> listen, brian. first of all, we're getting our clocks -- let's talk about clean energy. we are getting our clocks clean

in the u.s. by china and other countries that are committed to this in a way that people here sit back and think oh, we'll deal with that a couple of decades from now. that's not going to happen all the jobs we lost in the auto industry, remember, detroit used to be paramount and now it's japan and other countries. that's going to happen on clean energy as well. that's what obama is committed and we're not seeing that be a priority. you can down the list one after another of things that have been stalled. >> cap and trade. >> people are pretty relieved on that. final thought? >> we really have to get this problem addressed when we get certainty back in here. we need people investing that money, hiring people, putting people back to work. that's what it's all about at the end of the day is the policies that are going to make people feel comfortable about hiring again. we need to think about expanding the taxes to do that. >> it's only going to get more heated and more exciting.

thanks so much. >> thank you. >> meanwhile, coming up straight ahead, outrage from parents sparked changes in the video game that let kids play taliban soldiers. some say the changes don't go far enough. we'll explain. what will our economy look like if the tea party and republicans were in charge? stuart varney will take it. we'll look into his crystal ball when we come back. he threw away the tarot cards. happy birthday to jon secada, the singer and friend of our show and turns 48 today.

>> well, it is a chilly start to this work week throughout the northeast and a lot of the plain states as well. >> not in your lap! >> no, exactly right. if you're a little chilly right now, grab your laptop because according to the journal "pediatrics" that's come out today that said the laptop can actually result in toasted skin

syndrome. >> what? >> fantastic! >> come up with a better name than that? >> i don't think so. >> toasted skin syndrome sounds so gross. >> it's not burnt skin. just slightly toasted. >> they call it in models. >> as in m-o-t-t-l-e-d, right? >> right. >> it can brown your skin and it can be serious in that it would be an overexposed sunburn. >> if you're at home right now and feel your thighs hot, immediately take your laptop off. >> what if you don't have a laptop on your hot bod? >> that's something different, steve. i don't know what you're talking about but i'm trying to talk about long-term heat exposure that could have negative effects. >> this is nothing new. if you buy a laptop and you actually take the 10 minutes to read the owner's manual, you'll see that h.p. and dell and apple

for a number of years have said, look, if you put your laptop on exposed skin, it can actually heat up. >> can you imagine the lawsuits now that will come out of tss, this will become the new lingo across -- just like when mcdonald's served coffee that's too hot. headline, coffee is hot, ok? like laptops now. >> they suggest a heat shield if you're not like a -- >> superhero. >> sure. then you're born with a heat shield. >> it poses more of a danger for men, actually. >> because we have bigger thighs? >> no, kind of like the same analysis of why men shouldn't go in hot tubs. >> right. because it's too bubbly? >> no, it has to do with fertility. >> oh, really? ok. >> heat heats up things that are not good for fertility. >> it's so confusing because -- >> read in the fine print. >> men like it hot. >> sure. >> right? >> men like it hot. >> huh? >> icy hot stuff in a tube. that, too. >> i am so confused. >> me, too. >> oh, me gosh!

please help me. >> we are just out to warn you about toasted laptop syndrome. yes. any time we got some headlines for you on this monday morning, the wife of the imam behind the proposed mosque at ground zero says her family is receiving death threats. daisy khan revealing her family got terrifying phone calls. >> for the record, my life is under threat. >> we all are! >> no, wait a second. >> in a free society has nuts that threaten their lives with everybody. >> my husband's life is under threat. we do not walk around with bodyguards because we love this country. >> ok. meanwhile, the new york police department confirms that the phone calls were made. >> sudden delay in the very first civilian trial now of a guantanamo bay detainee. his trial was supposed to start today in new york city but a federal judge delayed the first hearing over fears the government may lose a key witness. it's believed he is connected to the bombings of two embassies in

africa. his trial is testing president obama's promise to shut down gitmo. brian? >> now wildfire raging in colorado this time. this one burning 400 acres in a remote area west of denver. so far, no evacuations, hence remote area but the fire is spreading quickly and could threaten some homes. it comes one month after major wildfires near boulder destroyed more than 150 homes. >> the video game called medal of honor lets you play the role of the taliban and murder innocent americans. military moms including goldstar mom karen meredith who lost her son in afghanistan just one of those who is outraged. >> 1,200 families have afghanistan that have to deal with every day. and we live it. it's not a game. it's just not a game. >> well, good news because of pushbacks from people like karen, the makers of the video game now eliminating the role of the taliban. that role now being called

opposing forces. >> one of the bad guys. >> meanwhile, let's take a look and we've got a damp day at the start of the work week and the school week throughout portions of the northeast right down through the mid atlantic. as you can see, that's where we are right there. some stuff out west, middle of the country, nice and dry but a little on the chilly side. if you can see your temperature map currently, it's only 44 in kansas city. about the same for minneapolis. even cooler yet in chicagoland. 50's from new york down to the mid atlantic. few 60's along the gulf coast and 60's currently in the great state of texas. later on today, san antonio will crank it up to 80 degrees. he'll have 65 in minneapolis and pleasant high in kansas city. high and down right toasty. in denver, they'll feel like they have a laptop on their laps with 85 degrees. same for tampa. warmer yet in phoenix, arizona. with 94. >> that's a quick look at the fox travelcast.

beware. >> it felt like fall in the east on sunday. meanwhile, sunday night football, they played way too late for the morning people. we have to tell you what happened. let's learn together. bears taking on the giants. of course, the bears won. the giants were really coming in limping. no, they didn't. it would be a painful night in chicago -- for chicago, i should say. quarterback jay cutler sacked nine times in one half. he would leave the game with a concussion. the giants who registered 10 sacks over all, in comes todd collins to replace him. he was great 129 yards and a touchdown. the giant running back was stellar and the giant defense did it all. 17-3 was the final. in philadelphia, a lot of emotion. donovan mcnabb returns to beat his old team. he threw for 125 yards and a touchdown. the big story -- and you see it there, donovan mcnabb hooking up right there with his big tight end. by the way, the big story was michael vick. watch him on a scramble that would painfully be called back on a holding penalty. watch him, he gets crushed, broken rib would result.

he also has some other pain. he'll have an m.r.i. today. redskins win 17-12. he did not return. looks to be out a while. check out this finish in jacksonville. look for an upset of the colts. tie game after the colts just tied up the game. josh scobie, 59 yards out. that's way too far. wrong. it's good. jags shock the colts. their second win in dramatic fashion. final score is 31-28. what about america's pastime? baseball playoffs are finally all set. giants capture the nls with a win over the padres that blew that division, am i right, gretchen? she's nodding affirmatively. the braves beat the phillies. they are the wildcard team and the phillies, of course, win the division. rays have the best record in the american league and they'll host the rangers. the yankees are the wild card and they'll go to minnesota. both will start on wednesday. in the national league, phillies are the big favorites. they draw the reds. braves and giants will battle out west. that start thursday. bigger story, what's coming up on "kilmeade & friends."

brit hume will be up early. and we'll be talking about the accidental billionaires, big story over the weekend "the social network." chris turner from congress and tracy burns who is really good at the economy. >> i can hardly wait until 9:00 a.m. eastern. >> until 12:00. >> i think you're up. at 21 minutes before the top of the hour, here's what's coming up. >> beginning deliberation with steven heys, he and an accomplice are charged with murdering a doctor's wife and their children. >> this truly heart wrenching case does go to the jury today. first, a jury will be charged, basically the judge will instruct the jury on the law and then they'll begin deliberating the fate of steven hayes. hayes and an accomplice are both accused of breaking into a connecticut home back in 2007. the home of dr. william petit,

his wife jennifer and their two daughters. beating the father, forcing the mother to go to the bank to withdraw money and then sexually assaulting one of the girls and returning, raping and strangling the mother and setting the house on fire killing the two daughters, truly a horrific crime and throughout, prosecutors have said that the daughters suffered terribly being doused by gasoline and set on fire. they are trying to prove that hayes deserves the death penalty in this case. but the defense during closing arguments on friday, well, they argued that hayes was not the mastermind here. that his accomplice was and he was not responsible for the escalation of the violence and he didn't intend to kill the two daughters and that's significant because as part of the death penalty counts, one of the counts that would make him eligible for the death penalty would include the killing of three people, the wife and the two daughters. but there are several other counts that would also make him

death penalty eligible and his defense team is trying to get him life without parole. so today, the jury gets the case. first, the jury is instructed. then they begin deliberating. and if they find him guilty on the top six counts, well, this jury would then determine if steven hayes will be executed. that's the latest this morning from new haven, connecticut, back to you in new york. >> thanks, carolyn. >> what an odd story. >> these people don't get the death penalty, no one will get the death penalty. this is the most brutal thing i've ever seen. >> coming up on our show, what would the economy look like if the tea party and republicans were in charge? stuart varney will take a look into his crystal ball, right? when we come back. all right, cool. >> then unrelated to stuart, getting caught smoking pot? no problem. one state is so deeply in debt, it can't afford to prosecute pot smokers and some people think this is awesome! we'll debate it straight ahead. grab a brownie. right back.

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suggest that the market is rallying off of an anticipated republican victory in november with the millions of people pushing back against government intervention. what would a pro tea party stock market look like? let's talk to stuart varney as he peers into his crystal ball allah miss cleo. >> yes, what's your question? >> well, we've seen a run-up so far in the stock market. if republicians are able to get majorities way from the house, maybe the senate as well, that's going to create gridlock. and wall street does like gridlock. >> gridlock would mean or a tea party victory or a big republican victory would mean no big new stimulus program, lower taxes maintain, maybe some unravelling of health care reform. maybe less rules and regulations which business doesn't like and, you know, maybe no cap and trade, no card check.

all of those things, business likes. all of those things might restore confidence in the economy from those big corporations which have got $2 trillion cash sitting on the sidelines. theory is maybe all that money would come into the economy, it would start to grow, joblessness would go down. the economy would grow 3%, 4% maybe. and away you go. that's why the market is up at the moment. anticipating that. >> but that's the interesting point is why you're sitting on the couch today is the market is up right now. so people are anticipating -- >> look, stock market always anticipates what's coming six or nine months down the road. doesn't react to right now. it's not reacting to the current spate of bad economic news. not referring to that at all. it's thinking look ahead, six months. we're probably going to get a republican victory and this is what the economy will look like down the road. no, it doesn't hurt that you've got corporate profits up by 1/3 this summer over last summer.

that helps. doesn't hurt that interest rates are virtually zero. mortgage points are 4.3%. all of that helps the stock market and so does a possible republican victory. >> very few people are saying house and senate goes g.o.p. and they're saying a little bit, that the democrats have got a little bit of momentum for the house. let's say it is split and the tea party candidates emerge victorious with a big voice in the house. is there a fear, is there something that the market would be -- react badly to with the tea party in charge? is there a negative side? can we cut too dramatically? >> yeah, the other side of the argument is that if you cut back on government spending, really cut it back and just stop -- >> dramatically. >> dramatically. you have a dramatic cut in government spending and that's not replaced by private spending, you slow the economy. you don't speed it up. that's the other side of the argument. to some degree, that's what's happening in europe right now

because you got real austerity in many of those societies and always the threat that maybe they'll grow less quickly. that's the other side of the argument in america. >> well, how do you slow something that seems to be at a stand still? all right, we'll be watching stuart varney & company the day ahead 9:20 on the fox business network. thank you, stu. >> thank you. >> this story is going to steam you. taxpayers shelling out $8.5 million to store furniture for the homeless. really? >> then get caught smoking pot? no problem. one state so deeply in debt, it can't afford to prosecute pot heads and some people think this is a great idea. that on the other side of this time-out. we're going to report and you're gonna decide. transforming how new york city manages i.t. or, like bmc software, you can dream it and do it. bmc lists on nasdaq, the world's most innovative can-do exchange.

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>> going to pot. thanks to a new law signed by

governor arnold schwarzenegger, get caught with an ounce or less of pot in california is no longer a misdemeanor. now, you simply get a citation like you would for a traffic ticket or littering so is california sending its people the wrong message? joining us right now for a fair and balanced debate is steve fox, the director of government relations for the marijuana policy project and co-author of "marijuana is safer so why are we driving people to drink"? and bishop ron allen who opposes the legalization of marijuana. steve, let's start with you. why do you think this is a good idea putting pot on par with littering? >> well, i mean, the truth is that we shouldn't be arresting people for using marijuana. it's a substance less harmful than alcohol and it's really irrational to expend government resources in that manner and arrest people and prosecute people is just too much. >> you say it's less harmful than alcohol but it's still very harmful. i mean, you know what it does to reaction time and stuff like

that when you're driving a car. >> well, certainly no 1 should drive after smoking marijuana and there are tests to make sure they don't. >> to make it legal or almost legal, you know people are going to do it. that's human nature. >> the choice -- right now, it's people use marijuana, people use alcohol and marijuana is the less harmful substance and it makes no sense to have laws that steer people towards the far more harmful substance that can cause death, violence and other problems. we need to allow adults and trust adults to make the right choice. if they want to use marijuana, they can do so. >> bishop, one of the things that governor schwarzenegger said out there is because we are so out of money and it costs us so much to prosecute these people that picked up the pot weepot, we're not going to do that anymore. just issue a citation. can you believe we're doing this because of money reasons? there's just not enough money in the kitty? >> well -- well, this law has

only solidified what we've been saying all the time. no one, none of our citizens have -- are put in prison for a joint. no one is in jail for 28 grams or one ounce. what has happened is that this law, sb-1449, only silences the mouths and stops the propaganda and the fear mongering of the naacp and leap and the national black police association but it does not stop the disparities of arrests. no way possible. >> what do you mean by that? >> well, the federal bureau of justice statistics tells us in 1979 to 2005, that all murders were committed by blacks.

52% of all murders was committed by blacks. in america, 56% of all robberies were committed by blacks in america. 34% of all aggravated assaults was committed by blacks in america. 29.4% of all property crimes was committed in blacks and here's the study and statistics. one more statistic, that's for all drug violations, all drug violations, 66.1%, whites went to prison for all drug violations compared to 36.8% of blacks. now, here's a stunning statistic. 59% of all black arrests for drug violations were for crack cocaine. are we now going to legalize crack cocaine and have you and your drug legalizers believe that legalizing pot will stop the disparity of arrests for the black nation, i need to bring you out of your fantasy world.

>> ok. steve fox? >> yeah, i mean, i understand where bishop is coming from in some sense but we really have an issue here which is that the criminality of marijuana, having it sold in a legal market is what is driving people towards using far more harmful substances. marijuana is relatively benign. yet, we sell it in the market where people also sell cocaine, heroin and other drugs. we want to break that link and make it so that adults can use marijuana if they choose. kids are carded so they can't get it easily and we break that link and make it a safer society for everyone. >> all right, bishop ron allen joining us from california and steve fox from d.c., thank you very much. what do you guys out there in tv land think? do you think they should legalize it? right now in california, 52% are supporting prop 19 and 41% are opposed. friends at foxnews.com. remember the nasa chief charged

with improving muslim relations? he's on his first mission. guess where he's at. in the middle east. are you angry about our current state of economy? dana perino coming up thinking anger won't influence the vote come november. you're watching "fox & friends." it's monday morning, everybody. jeifer hudson here. before weight watchers, my world was "can't." but nowlose weight -- can. live -- can. stand here and not suck in a thing -- i can, a you can, too. [ female announcer ] join for free right now. weht watchers. because it works. may not be getting the nutrition they need to keep their bodies strong. carnation instant breakfast essentials supplies the nutrients of a balanced breakfast to help build strong muscles and healthy bones. carnation instant breakfast essentials. good nutrition from the start.

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>> good morning, everyone. hope you had a great weekend. breaking news, the world on alert. another country adding a warning about terrorist plots surrounding the globe and new details on the actual target. >> can we expect another staff shakeup at the white house? is that possible? president obama's team floating another major swap involving press secretary robert gibbs. dana perino joins us with the inside story and offers her thoughts. >> are they swapping dana perino? >> i don't know. she should check her voice mail. she might get that offer. >> i doubt it. meanwhile, voters are angry and polls show it. why is the mainstream media saying anger won't influence the vote come november? what do they know that we don't? "fox & friends" starts right now.

>> hi, i'm brooke burke from "dancing with the stars" and you're watching "fox & friends." >> hope you had a nice weekend. >> we certainly did. fires are raging in pakistan right now as militants attack at least 20 oil tankers carrying fuel to afghanistan for u.s. and nato forces. four people have died in this attack. it's the third one on tankers in as many days. taliban militants claiming responsibility. pakistan, the cheapest and most convenient way to get supplies to troops in afghanistan. today, supreme court justice elena kagan's first day on the bench. guess what, she won't be in on all the decisions because kagan is sitting out three of the first cases and many more because she served as president obama's solicitor general and there could be conflicts of interest. one of the biggest cases this week, protests at military funerals. are they protected under free speech? the father of a marine killed in iraq defending his right to

grieve in privacy against members of the westboro baptist church who have protested at his son's funeral and many others. the search for kyron horman, the 8-year-old boy suddenly intensifying now near portland, oregon. hundreds of search and rescue workers combing an island 10 miles from the school that kyron vanished from after his stepmom dropped him off that day. investigators won't say why they're focusing on that island. renewed search comes as the boy's father and stepmom have a divorce hearing scheduled for this week. and this just into "fox & friends", pioneer of the test tube baby just won the nobel peace prize in medicine. or just the nobel prize. 85-year-old robert edwards was britain developed in vitro fertilization in the 1950's. the breakthrough procedure has helped four million couples. now the latest on a terror warning overseas. this morning, japan has become the latest country to issue a travel advisory warning those

visiting to europe to watch out for a possible terror attack. joining us now with the latest on this developing story is our own julie kirtz. all right, this is very unusual, julie for japan to issue this warning and the united states has as well. >> that's right. you know, so far, the alarming travel alerts do not appear to be disrupting travel to europe. this morning, we do have that news that japan is joining the u.s. and the u.k. alerting people to the threat of a mumbai style terror attack in europe. the u.s. alert issued on sunday is a step below a travel warning and urges americans in europe, a pretty broad area to be extra vigilant when using public transportation or visiting tourist attractions. the intelligence sources are giving us more information, gretchen, about the threat confirming several possible targets in france and germany. why is the eiffel tower which is visited by about six million tourists a year. it's been closed twice in the past week because of threats and

in berlin, high profile targets mentioned include a hotel near the brandenberg gate and berlin's central station. a senior white house intelligence official tells fox the interrogation of a german pakistani man provided a list of targets in europe and intelligence officials have also warned, as you know, in recent days, that osama bin laden is trying to pull off a multicity terror attack in europe. but again, state department officials i've contacted say as they are not telling americans to cancel trips to europe. they do suggest you register your travel plans in the state department's travel web site. gretchen? >> julie kirtz live for us in d.c. thank you very much. >> bin laden looking to pull off major attacks. it's amazing he's still alive. doesn't that blow you away? and now he's operational and talking in the tone. joining us right now, dana perino who was press secretary in all those years of pursuit.

i'm sure you watched the sunday shows over the weekend and additional shakeup with barack obama's administration. >> yes, not unusual. i mean, you have a white house that's heading into their midterm which is going to be a tough midterm and then they've got their re-election for 2012 coming up. and you have some key staffers that are leaving. you have david axelrod, the senior advisor will go back to chicago. larry summers is leaving. you've had other economic leaders leave and now you've had rahm emanuel leave as chief of staff. they definitely need to regroup and i think that some of the talk you're hearing is just a little bit of figuring out who would be best placed in in order to help him govern in the same way. >> the latest rumor is robert gibbs, the very outspoken spokesperson for president obama, that he actually may head to the d.n.c. to run that up. i guess that would mean that governor tim kaine, former governor of virginia would be out and that david plus, the guy there on the right that we know was instrumental in getting

barack obama elected, he maybe would assume a more important position in the white house. >> i think that makes sense, though, gretchen because i think, you know, for senator kaine, he's been there two years. that's plenty usually in that job. you really don't need to stay along and in some ways, he's done a public service for the democrats and robert gibbs is a very trusted advisor of president obama and if he wants someone he can trust that he thinks will be effective, that could be a good position for him. >> will that be a promotion or demotion? >> any time the president asks you to go and do something that he needs a key trusted advisor, you can see it as -- you can't get much higher than the inner circle that robert gibbs is anyway. it's not like he's going to ask him to pick up after bo on south lawn. >> hey, how about this. in a magazine, they said this -- they had a poll and the result was "anger unlikely to be a deciding factor in the midterms.

"here's what brit hume said regarding this yesterday. >> and he said this, i think if "newsweek" took a poll of the bush family, gore would win. that was from september 10th. >> can't get on that on tape? >> yeah. >> it's hard over there at fox to get things on tape. >> right. what's "newsweek" doing? >> in some ways, i have always felt that "newsweek" once and a while does something this provocative to be provocative. they want to get news coverage and, you know, i guess when the stars align just right and the moon is quite full, then you might be able to get a poll that says that americans aren't angry. but it doesn't track with any other poll that people are looking at. >> here was the poll actually that "newsweek" did that got us to this point where brit hume said that. which best describes how you feel about the federal government? basically content, 20%. frustrated? 54%. angry, 23%. don't know, 3%.

>> so when they say, yeah, anger not the critical component, it's frustration. >> yeah. >> i think most people don't consider themselves as angry people. they don't walk around angry all the time but they are certainly frustrated and i think that's what the republicans have tapped into and what the democrats are worried about. >> you know, with all the change especially with rahm emanuel going to try to become mayor of chicago, there's talk that the president -- big story today in "the wall street journal" that president obama will change his approach in the final two years, take smaller, more direct approaches to policy whether it's energy which i think is going to be number one. immigration or other things. do you see him changing in that respect because at the very least, he's going to have slimmer majorities in both chambers? >> i see two things. first, i think he has a choice. he's definitely going to have a different congress that he has to deal with. there will be fewer democrats and even this year, 10 senate

democrats say they wouldn't vote for cap and trade so the bite sized chunks he wants to do on energy is all he's going to be able to do when those changes take place. so he had a choice, he could do small bite sized chunks and try to get to re-election hoping the economy gets better or go for broke and try to show that the republicans are just the party of no and they're a bunch of neanderthals and won't get anything done. there's a second thing they need to be concerned about. democrats are going to realize they have smaller majority and they have a very tough re-election fight for the president in 2012. therefore, you will see a lot of policies pushed through the agencies, department of labor, e.p.a., department of energy, and all of those things will start to move and it will be quiet and it's stealth and the congress won't have any oversight over it, it's not fair. but they've shown they're willing to do it in the past and i think that's what people should be concerned about. >> well, they're willing to debate it on the sunday shows. here's senator cornin and

menendez talking about the midterms. >> if you like the way the country is going now. if you live in nevada, you like 14.4% unemployment where 70% of the home mortgages are underwater, then i guess the message from the majority leader reid and from senator menendez is stay the course. >> the difference between a tsunami and losing some seats is the suggestion that they can take over the majority. that will not happen. >> well, maybe if he's talking about the senate but the house, sounds like everybody says that's gone for the dems. >> well, i think what you've seen since labor day is a tightening up of all these races. everybody is paying much closer attention and you're starting to see policy debates and this is where the rubber meets the road. i think that cornyn had the stronger argument. now, the republicans can't rest. a lot of this is going to result from turnout. who can turn out the most voters? republicans or democrats? and a lot of these races are going to be very, very tight but certainly the advantage goes to

the republicans unless you're talking to "newsweek." >> how about ed rendell yesterday saying, you know, you might not like the democrats but just get out the vote because you don't have to like them that much. >> right. just leave them to keep our jobs basically is what he's saying. >> let's talk about somebody who wants a new job. that's former white house chief of staff rahm emanuel who is going to kick off his chicago mayoral campaign with what he's calling a listening tour of the city's neighborhoods and in a letter that he sent out or press release, he said look, come and tell me what you really think and be blunt. what do you think about that? >> i think it's smart. i mean, he's -- we always talk about for the past couple of years how the chicago politics, political machine is running the white house. now he's going to take a few of the washington tactics that he's learned over the years and take them back to chicago and what's interesting is the chicago mayoral race right now is like a national race because of all the attention it's getting. i don't know how long that will last. i think the novelty will wear off for the rest of the country

in a little bit but it will be great for chicago to have a good, healthy debate and i think that he will be a formidable candidate. >> any issue that allows you to book governor blagojevich as an insider expert certainly will make it exciting. >> well, since he skirted out from under that indictment, i guess that was good for rahm. >> at least for now. he was good on geraldo last night. all right, dana, always a pleasure. she joins us today from salt lake city. she's the first person up in the town. all right. thank you very much for joining us. >> bye. >> should say he was on huckabee last night. straight ahead, a story that will really get you upset. taxpayers shelling out $8.5 million to store furniture for the homeless. is that right? i don't think so. >> he's the former c.i.a. operative who hunted down osama bin laden. so what does michael scheuer think about the terror threat happening right now? why he says two presidents lied to america.

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yes! v8 juice gives you three of your five daily servings of vegetables. that's what i'm talking about! v8. what's your number? >> we led our news today with news that japan has become the latest country to issue a travel advisory after a word of a plot traveling americans and westerners throughout europe and word that bin laden himself could be behind it. does this mean that al-qaida is getting strong sner? >> former c.i.a. operative michael scheuer who has hunted down bin laden in the past joins us now. your thoughts about the tapes and how it relates in the last

10 days and how it relates to this european threat on american -- on american tourists and on european target? >> well, i think the tapes are quite a different thing from what's going on in europe so the tapes are just a continuation of bin laden's 15 or 16 year concern about good governance in the muslim world. he was talking about the failure of governments to rescue the pakistani people who were displaced by floods or other catastrophes. what's going on in europe is just simply the continued growth of al-qaidaism. whether it's in europe or african or asia or in north america. it's a continuing daily sign that we have yet to take the measure of this enemy and certainly have not killed enough of them. >> michael, apparently this intercept has been deemed credible but not specific and some of the targets they've mentioned. we've got them on a big screen over there, eiffel tower, prince harry, a hotel in berlin and also a great big tv tower in

berlin as well. and just the fact that they are talking about targeting tourists in these tourist locations, this is terrible for the tourism industry particularly in october with october fest and all that stuff in germany and france and also in england so in some measure, you must feel that they've already been successful these terrorists. >> sure, they are successful, steve. you know, the ability to attack our economy is something that's very important to al-qaida, very much focused on. and in terms of these travel warnings for the european countries from the united states, from japan, in the european countries themselves, without firing a shot, without detonating a bomb, without a single corpse, they've been 75% successful in their aim which is economic damage. >> all right, so the reason why i said -- brought up bin laden with this is because they are saying that this goes right back to bin laden. this is what he wanted to do and

then friday, his heart goes out to the pakistani people. >> well, that's a constant -- that's, again, steve, that's a constant theme over 15 years. he's very concerned with the -- >> why is he plotting again? i thought he was running for his life. i thought he was detached. >> president bush, president clinton, president obama have lied to the american people constantly about this. we've painted a hollywood scenario that he's running from rock to rock and cave to cave and the truth is, brian, that if he was, he'd be dead because he's most vulnerable when they move. he's sitting somewhere very comfortably. >> ok. well, if he's sitting some place comfortably, his operatives are supposed to pull this off i'm sure have heard the news reports that they have amped up the terror warnings and the advisories. what do they do? they hear, oh, they're looking for us at the eiffel tower and big tv tower at that hotel and prince harry, what do they do? >> well, you switch targets. you know, the one thing you learn over time is when you read something that says eiffel

tower, prince harry and the television tower, those words aren't necessarily directly related to any of those targets. they could be code words. you never know what they're talking about. in terms of impact, it doesn't have to be one of those big things, you go into a mall and shoot somebody up. you stop a bus. it's a very -- it's a very easy world in which to hit a target. >> all right. thankfully there's been no execution of the plot that's been out there. michael scheuer, thanks so much. >> you're welcome, sir. >> all right. 19 minutes after the hour. >> should struggling schools be packing advertisements in kids' backpacks with the hopes of selling stuff to mom and dad? that controversial proposal is coming up next. >> and he's supposed to be running out of space program but the nasa chief charged with improving muslim relations is on his first mission to the middle east. he's in saudi arabia. >> why? >> i'm not sure.

>> it's that time again. it's monday and it's news by the numbers. first up, $8.5 million. that's how much new york city taxpayers shelled out last year to store furniture for the city's homeless. welfare officials admit it could have been done for less. really? that's big of them. next up, $15 million. that's how many customers are receiving a refund from verizon after being overcharged by the company. thanks. finally $23 million. that's how much the social network took home at the box office to take the top spot this weekend. movie already generating oscar buzz to win best picture. it also took six tickets from my wallet. gretch? >> and two from mine. thanks, brian. your ad right here, that's the note being sent out by

elementary schools in peabody, massachusetts. so the school district is looking to sell ad space on take home notices and permission slips. the hope is to help save the city as it struggles with budget woes. what effect will these ads have on young students, if any? the superintendent of peabody public schools milton burnett joins me now. good morning to you, sir. >> good morning. >> we all know that our public school systems across the country are strapped for cash. so this is just one more idea to try and raise a little dough, right? >> that is correct. we're looking to try to, perhaps, minimize some of the fees that we charge parents whether it be for bussing fees or athletic fees,s this just 1 new avenue. >> all right. here's what parents can expect to see on the advertisements. it will come home on the kids' cal anendars and stuff like tha businesses that support the community, right? what they won't see, sir, are tobacco, alcohol and places of

worship like churches, right? >> that is basically correct. looking for ads if you want to call it family friendly. item that that a family could take with young children, if you want to call it, this could be the socially correct ads. socially acceptable. >> yes, we've heard a lot about that in the last couple of years. the p.c. ads. let me ask you this. what kind of blowback have you had, if any? >> actually, we've had very positive from parents because if we can help mitigate fees or reduce fundraising on the part of kids, it's been very positive actually. >> one of the things that has been brought to the american public front and center is this new documentary, i know you haven't had a chance to see it yet. it's opening across the nation now "waiting for superman." one of the things that this documentary points out is that we spend in this nation $10,000 per student in public schools. so if you hope to raise $20,000 to $24,000 from this advertising project, that will only pay for two kids. right?

>> it's not the matter of just paying for two kids. we have actually a $61.9 million budget in the peabody public schools. this will offset some of the fees that we're charging parents. public education should be about providing education to all here in the united states. >> but sir, why -- why with all that money that we give to education from taxpayer dollars, why is that not enough already to give our kids a good education? >> well, i do believe we are providing a good education. however, education costs and there's certain costs, we are just looking to mitigate some of those costs. >> well, i highly recommend that you go out and see this documentary. one of the things that argues is the reason that we have all these costs is because we have added bureaucracy over the years, added employees and that our education has pretty much remained the same. >> well, i think our education at least in massachusetts is a wonderful education. but we -- and we educate all students. we -- like some countries they

may just educate certain students. we educate all students. >> all right. it's a novel idea so the parents don't have to shell out even more bucks for their kids to go to school. they're doing advertisements on things that are coming home to the parents. thank you very much. superintendent of the peabody public schools, milton burnett. speaking of your tax dollars, they could pay for convicts to read books behind bars. books about cold blooded murder? well, it's happening. and the guy behind this exhibit called it art but christians are calling it appalling. at the center of the debate, jesus involved in a lewd act. , panda moon... how about chinese at home with wanchai ferry? you can make it in just 14 minutes. mmmh, orange chicken. great. i didn't feel like going out anyway. [ male announcer ] wanchai ferry. restaurant quality chinese in your grocer's freezer.

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doing these days. we played back in june an interview that the director of nasa had al jazeera, here's what he's supposed to too going forward. >> he wanted to find out a way to engage with the muslim world and engage muslim nations to help them feel good about their historic contribution to science and engineering. >> it wasn't just his idea, he in that interview said president obama had asked him to do just that. >> outreach. that's what he said. nasa should be involved in muslim outreach. >> right. and then press secretary robert gibbs at that time said he probably misspoke. and that space exploration was still nasa's top job. but where do we find charles bolden today, brian? >> we find him in saudi arabia signing two agreements with saudi arabia to help with our space program. and also to salute their contributions to it. >> that's right. and one of the things in saudi

arabia was to mark the 25 years since a muslim went into space, somebody who went up on one of the space shuttles as well. it's interesting, though, given the fact that he had said in that kind of gaffetastic quote about muslim outreach and robert gibbs walked it back, according to the orlando sentinel, top nasa officials urged him not to make the trip. could be a bad message. we don't know why they urged him not to make the trip. but they urged him not to make the trip. >> at nasa, you can't be happy with this administration. you've had both missions cut off at the knees and basically, you have got -- i don't know why they're not speaking out because they have no mission to go to. there's no moon to shoot for literally which we were going to go to the moon -- >> i think we've had several of them on our show saying they disagree of the direction. >> the muslims seem to be former nasa people as opposed to current. >> maybe they want their jobs.

>> yeah, they want to protect their paychecks. one of the things that nasa does, though, climate change. they're talking all about climate change and in fact, after saudi arabia, he went to talk to a climate change conference somewhere. anyway, 33 minutes after the top of the hour on this monday. >> steve, stay right there. i'll take it from here. first civilian trial at gitmo detainee suddenly delayed all of a sudden. his trial was supposed to start today in new york city. but the federal judge delayed the first hearing over fears the government may lose the key witness. it's believed he is connected to the bombings at two u.s. embassies in africa. >> and the jury in connecticut begins deliberating the fate of steven hayes in a home invasion case. hayes in an accomplice seen here are charged with murdering a doctor's wife and two daughters and burning down their home three years ago. it was a horrific crime. both men could face the death penalty if convicted. >> should inmates convicted of violent crimes be allowed to read books about violent crimes?

according to the associated press, inmates including steven hayes that we just showed you have access to true crime books full or -- full of murder and graphic violence as well and there's no apparent restrictions based on their criminal histories extraordinarily. the books include "in cold blood" by truman capote about home invasion and gruesome murder in kansas in 1959 involving a family. also "if you really loved me" and "along came a spider" as well. >> the connecticut race about to heat up. the candidates are facing off in a televised debate tonight. the two are virtually tied. in the latest poll, when you consider the margin of error. tonight's debate will be moderated by fox's own bret baier and airs on an affiliate. extension of that. >> invite yourself, bud.

>> floodwaters beginning to recede in windsor, north carolina, after remnants of tropical storm nicole pounded the state last week. much of the town is expected to remain under water for a couple more days. most of the residents are still out of their homes. but that makes sense because if your bed is not a water bed, you'd want to sneak out. real quickly, take a look at what's going on. as you can see, we have some rain from south jersey on up into portions of new england. stuff as well down around -- to the west of the rio grande valley and back to arizona and new mexico and some stuff in the inner mountain region. chilly start for this monday in the central plains. 43 in kansas city. a little warmer in denver and later on today in denver, things are going to warm up. it's going to be 85 there. going to have about the same in el paso. tampa, mid 80's as well. then from the mid atlantic, temperatures approaching 70.

and in new england, and big northeastern corner today, temperatures in the 50's. >> all right. from those numbers to some scores. >> all right. there's a lot of prizes handed out in the world like the nobel peace prize. what about the brian's best awards given out every monday? it's huge. award goes to 51-year-old ladamian tomlinson. he has his first 100 yard day in two years. 89 yards in the first half and the chargers said, i didn't think he could do that anymore. the jets beat buffalo easily. more best stuff like best pass. joe flacco out of delaware. he leads the ravens back to defeat the previously undefeated steelers. get roethlisberger back next week. not enough. gives baltimore a win. both teams are tied for first in the afc north. game of the day, check out this finish in jacksonville. the jags aren't supposed to be

this good to be this close to thes colts. tie game. we don't need overtime. they get their second win in dramatic fashion. quick note on the ryder cup, the scoring is too complicated. break it down this way. u.s. is not going to win barring a miracle. the loss will extend america's winless streak on european soil to 17 years. thank you very much. coming up on the show, from 9:00 until noon, kicking off the radio show from 9:00 until noon, richard noonan will be joining us and accidental billionaires, the book. the writer of that book will be talking about the making of facebook. >> that's a really big shoot. >> that's an amazing movie. it's hard to believe that happened in the five, six, seven years and the youngest billionaire ever in the world.

>> it's a good way to meet girls. >> that's the whole initiative. it's amazing it turned out the way it did. as you may or may not know, i i was not on the show on friday. i was doing thing for a good cause. i'm a national spokesperson for the march of dimes. i went to atlanta for the national leadership conference and we are handing out tons of awards. the president of march of dimes dr. jennifer house and the national ambassador for the march of dimes, 7-year-old josh hoffman. but what happened to me that night, i thought i was handing out awards which i did. but then i got a surprise of a lifetime. >> and now it is my pleasure to present a surprise award. a very special award. this is the president's award for volunteer leadership and it is going this evening to our very own m.c. gretchen carlson. gretchen, please come forward. >> i'm joshua.

and i'm 7 1/2 years old. i was born 4 months early. i was born 4 months early but i survived because of treatments developed by the march of dimes and because of volunteers like you. miss gretchen, thank you for being a voice for kids like me. >> well, that's great! congratulations, gretchen. >> thank you. you know what i said there was people don't usually pull off surprises on me. just ask my husband. he tried to plan a 40th birthday party for me which he did pull off but it's usually difficult and i was stunned with this, though. thank you very much to the march of dimes. >> been such a great supporter for "fox & friends" and it's lovely they would honor you. >> thank you very much to the people out there and to josh, he's handing the torch off to the new ambassador family in the

next couple of months. amazing little boy. 4 months born early, i'd say josh hoffman for president only some day. >> if he can memorize all that, too. >> you can see that. next day as well. amazing little kid. >> congratulations. >> thanks. >> straight ahead, an american man shot in the head while jet skiing with his wife along the texas-mexican border. >> hello? >> yes. >> ok. >> are you sure that your husband got shot? >> yes. and -- >> man, it's not the first time this has happened. our next guest begging for help but says our federal government is not listening. >> then the guy behind this exhibit says hey, it's just art but many christians are calling it absolutely appalling. at the center of the debate, jesus is performing a lewd act. >> ok. first, the trivia question of the day --

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uloric lowers uric acid levels indults with gout. it's not for the treatment of high uric acid without a history of gout. uloric reduces uric acid to help you reach a healthy level. [ female announcer ] don't take uloric if you are taking azathioprine, mercaptopurine, or theophylline. gout may flare when starting uloric. don't stop taking it. your doctor may give you other medicines to help prevent flares. a small number of heart attacks, strokes, and heart-related deaths were seen in studies. it's not certain uloric caused them. certain tests to check liver function may be required. tell your doctor about liver or kidney problems, or history of heart disease or stroke. the most common side effects are liver problems, nausea, gout flares, joint pain, and rash. [ male announcer ] if you have gout, ask your doctor about uloric. >> a wife makes a desperate phone call for help after her husband is gunned down by mexican pirates in that lake.

the young couple out jet skiing on falcon lake that straddles the border between texas and mexico. >> hello? >> oh, man. joining us is the texas republican congressman and is the co-sponsor of the national border enforcement act and joins us live today from dallas. good morning to you, sir. >> great to be with you. >> what a phone call. who was doing the shooting at them? >> well, apparently it was more of these drug cartel pirates that have pretty much taken over

the lake. and it's just been within the last two to three weeks that governor perry asked for more troops to go along the border there and secretary napolitano too busy cutting her cake said there's no way he's getting more troops. she said -- kind of laughing, he can send his own national guard if he wanted to. could call them up. but it's amazing. secretary napolitano as governor in arizona was saying we need federal troops along our borders. >> right. >> it's amazing how when you get to washington all of a sudden, you think you're so much smarter than you ever were when you were at the state and local government. >> congressman. >> it's a shame. >> what i can't get my head around is we've heard that there are drug cartels and they're really bad down there on the border. >> you're right, on that lake. >> who knew there were pirates in a lake? >> well, actually, the federal government and the state government, in fact, earlier

this year, the national -- or the feds that control that area or supposed to, rather, issued a warning saying that if you're fishing, watch out. there are armed drug smugglers, pirates in the area so the warnings have gone out but instead of doing something about it, it's just like the 32 mile stretch in arizona that's wilderness area where they pretty much just put up signs saying warning, this is an area for armed drug smugglers who are illegally here. we've given the area over to them is the inference and that's what we've done to falcon lake. that lake is a dangerous area and we have been begging for help down there. we know that there are drugs and all kinds -- who knows what kinds of things are being smuggled across the lake. there's only a handful of people patrolling that area. and we need more help because they're just going right across. there are no checkpoints on the lake. people are coming across freely and there are pirates on the lake! we need to have a president do what thomas jefferson did when

pirates were attacking our boats off the coast, he reupped the marines and sent them over there and after two bloody years, they said enough is enough. we won't attack your boats anymore and they backed off. >> the protection of the united states and our border goes to the federal government. but clearly, they're not doing anything. >> absolutely. >> it would be great to have somebody from the coast guard in there, congressman or have somebody -- >> absolutely. >> from the navy, but they're not going to do anything. what about texas? the state of texas take matters into their own hands with the national guard or somebody else? >> yes, and texas has been sending more and more troops and folks down there but the problem is as secretary napolitano said, this is a federal responsibility. and the federal government should step up and do something about it. this is our border. this is our security. there's a story in "the wall street journal" today where a senior official in the

administration indicates that, well, because of the political times, the president may be willing to trade less amnesty from republican agreement in return for actually doing more to secure the border. this shouldn't be a matter of bartering. this needs to be a matter of protecting the nation. you know, we took an oath to provide for the common defense -- defend the constitution against all enemies, foreign and domestic. we've got foreign enemies on a 60 mile stretch of lake and other parts of the border. it's a lake, for goodness sakes. >> i know it. >> yes, we need some federal resources. it's a federal obligation. >> ok. this is an international incident. the federal government has got to get off its big bureaucratic butt and do something. that is just crazy. it is a lake. lake falcon. all right. congressman, we'll have to leave it there for right now. >> thank you so much. appreciate your interest. >> we appreciate your interest. just please, try to protect those people. what do you think?

e-mail us now friends at foxnews.com. pirates on a lake? down in texas. all right, meanwhile, one man calls it art but most christians would argue it's more like smut. next up, fighting a museum's depiction to display a lewd picture of jesus and more. first on this date in 1927, work began on mount rushmore in south dakota. it took 12 years for the guy to chisel the finish. started the space race with the launch of sputnik. there she blows. in 1972, number one song in america rod stewart's "maggie may." 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? easier to book and more affordable. or, like priceline.com, you can dream it and do it. priceline.com lists on nasdaq, the world's most innovative can-do exchange.

>> all right. the answer to the trivia

question this day and this day is eddie rice the winner, jeffrey avantz from california. come on, say something important. a new art exhibit on display at loveland, colorado, museum and gallery is stirring up controversy with the depiction of jesus christ. the image was too graphic for us to actually air and now some people are protesting saying the image is pornographic. >> we're joined by the loveland city councilwoman who wants the exhibit removed. we reached out to the artist, exhibit organizer and the museum but received no responses. good morning to you. >> hello, gretchen. good morning to you. >> all right. so we saw a depiction of this piece of art. it's actually 12 different murals together and i believe in one of them it had jesus involved in a lewd sexual act. you have a big problem with that, don't you? >> i have a great deal of problem with it.

this particular piece of art is offensive in so many ways. it is one of 12 in sort of an accordion like 7 1/2 inch x 7 1/2 inch pull open display. you look very carefully at this and see what it actually depicts and this becomes incredibly offensive, repugnant, it is slanderous to the morals of a great deal of the community. and there are also words attached on this particular piece of art. i can't repeat those words here. but you put those words in conjunction and they're in spanish and in english, you put those words with what the pictorial display depicts and this will leave a foul taste in your mouth. >> let's hear what the governor says. he says this, there's no state tax dollars to support the

exhibit. they have provided grants to the love land museum but this particular piece is not being funded by a state grant. he's indicating his hands are tied. >> well, the issue is not where the tax dollars are coming from. that's immaterial. the museum is almost solely supported by loveland tax dollars so the source of the dollars for this are public dollars. that's the important point. and that really raises the most important issue at stake here, can art of any kind come into public facilities? >> exactly, because one of your arguments is that look, this art is at eye level for kids and not only is the picture probably not appropriate for kids, but the words are not appropriate for kids. >> the words are -- it's pure smut. there's no way around that. >> right. >> what's really disturbing about this is, yeah, this is at

eye level and sort of in comic book form which will attract children and that's at the eye level of 5, 6, 7, 8 yeer-year-o yes. >> if somebody would do that with muhammad, what kind of reaction would we have then? going back and forth with the plus and minuses, it doesn't seem to be that type of tolerance when it comes to depicting muhammad in the past, am i right ? >> well, you have a point there. in my judgment, this is not a religious issue although the depiction of christ in the art certainly accelerates this. >> all right. >> this would be offensive if the individual in there was -- was john q. smith. >> right. right. and the artist says this is his way of fighting back against racism. daryl clauson, city councilman in loveland, colorado. thanks for sharing your thoughts

with us. you can e-mail us at foxnews.com to tell us what you think about that. still ahead, the democrat slogan, you don't have to like us, just vote for us. >> tepid vote counts the same as a wildly enthusiastic vote. >> all right. will that get people to the polls? we'll see. >> and it's the moment brian has been waiting for. the manufacturer of the jet pack says it's ready for sale now! >> finally! >> are you looking to buy it for christmas? >> i need one. >> get a segue. 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%

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>> gretchen: good morning, everyone. hope you had a fantastic weekend. we have to begin with breaking news. the world now on alert. another country adding the warning about terror plots targeting americans around the globe. a live report from europe straight ahead. >> steve: could this be the democrats' new slogan? you don't have to like for us. just vote for us. >> a tepid vote counts as a enthusiastic vote. >> steve: he's right. the question is, will that message get people to the polls come november? >> brian: she's the most famous woman in a leotard and boots and she's back, but who will play wonder woman in the new show? i love those wristbands. "fox & friends" starts right now.

>> i'm ivanka trump and you're watching "fox & friends," the best show on news television. >> steve: news television. >> brian: who is that? >> gretchen: i'm not sure. while we figure that out, we have breaking news. japan now the latest country issuing a travel alert for visitors to europe. this comes as the state department issue has rare warning for americans traveling in europe about potential terrorist attacks. greg burke is live in rome with more. good morning to you. so we have the united states now issuing this alert and then in an even more unusual fashion, japan. >> that's right. that was today's news after the u.s. it was the british and japan, of course. they're talking about their own citizens. but it raises the fears all over. of course, making this look more like an attack in europe. it's not a question of if, but when. that certainly is the fear. germany has been named by name in the british alert. the japanese and the americans both gave generic alerts for europe.

but the british talked about germany particularly, causing a bit more alarm there in germany than in other countries. but the fact that the u.s. alert was for all of europe has police on the lookout all over the continent. france is another country mentioned in the british alert. there have already been a couple of bomb scare there is in the past couple weeks. a man was arrested outside of paris, suspected of having phoned in one of those bomb threats at a train station in france. there is also been an arrest in italy, both france and italy, major tourist destinations which make them possible targets. finally, it's taken a bit of time to sink in, or at least a day, however, this is big news here in europe. while the alerts go out for the citizens, these countries obviously, none of them wants to be the one to get hit. they all know what it means psychologically to have a terrorist attack in your country and also what it means economically. guys. >> steve: all right. we thank you very much for that live report. he just mentioned how it's going

to strike a country economically and we had michael on in the last hour where he said that they haven't fired a shot, they haven't done anything and yet the bad guy, evil doers effectively, 75% successful because so many people are at the height of the autumn travel and tourism season are going, maybe i shouldn't go to octoberfest which wraps up today. maybe i shouldn't go to paris. in that way, these comments from these travelers who have gone around the world make sense. listen. >> you can be run over by a car right out here in the street. you can be injured any place. what are you concerned about traveling? >> i was afraid of flights being canceled. apparently everything is running pretty good. >> i think it's scary for everybody. not only u.s. travelers, but european travels. coming here, because you don't know where it can happen. >> i think you should take these threats seriously, but right now

i feel very safe in paris. >> gretchen: you got to wonder with the united states issuing this alert, they haven't done so, they did recently in september. but before that, it was 2004. we certainly have had other terrorist activity going on. look at this right here. the time in 2004 was following the train bomb not guilty madrid. then most recently september 9 during the plans by a florida church to burn the koran. you have to understand if they're issuing this alert now, they have pretty good intelligence that something may be about to happen. >> brian: i think it's coming from the lawless area of waziristan. phone taps. in bagram air base, they debriefed him and he talked about these plots in particular and these terrorists are of pakinstani descent but british and german citizenship. they say they got a lot of the guys, but still a lot at large. michael was on the original bin

laden unit whose mission was to get bin laden. he got close, didn't get him, but he talked about the mindset now. >> the one thing you learn over time is when you read something that says, eiffel tower, prince harry and the television tower, those words aren't necessarily directly related to any of those targets. they could be code words. you never know what they're talking about. but in terms of impact, it doesn't have to be one of those big things. you go into a mall and shoot somebody up. you stop a bus. it's a very easy world in which to hit the target. >> gretchen: to me the most important thing is that these terrorists are citizens in these european countries. how do you stop that? it's one thing to try and stop somebody from coming into your border of a country if you actually have good border control and they're on some proper list, but when they're citizens of these countries, you can't stop it. >> brian: in a way it's easier than you think because they seem to be going in two places, yemen

or pakistan. so if you have a few punches on your passport that say pakistan, you got to be looking at these guys and i think you got to use patriotic act like surveillance tools to be able to find out where they may be and a lot of people get upset by that. >> steve: ever since the invention of the european union, now it's easier to travel between all the ways. >> brian: one of the people they can looking for is a turk who is a former f-16 pilot, chechnyan and uzbek are -- >> gretchen: they're all well educated. >> steve: and apparently they say that the threat level is credible, but not specific and what they are worried about is they feel that whoever these teams are, in a mumbai style attack, gun, grenades and stuff, they finish their surveillance, they're ready to strike. they just need the green light.

they need the trigger and that's why they're examining those messages from osama bin laden. could the message be there to green light them? >> gretchen: we'll continue to discuss this story as well as another fox news alert now because fires are rage not guilty pakistan. right now militants are attacking at least 20 oil tankers. they're carrying fuel to afghanistan for u.s. and nato forces. four people have died in this latest round of attacks. a third attack on tankers in as many days. taliban militants claiming responsibility. pakistan the cheapist and most convenient way for us to get supplies to troops in afghanistan. a jury in connecticut begins deliberating the fate now of steven hayes. hayes and his accomplice are charged with the murders of dr. william pettitte's wife, jennifer, and their two young daughters and then burning down the family's home. it happened three years ago. both men could face the death penalty if convicted. supreme court justice elena kagan sitting out three of her first cases this week. she served as president obama's

solicitor general and that means there could be a conflict of interest in those cases. one of the biggest cases this week should protest that military funerals be protected under free speech? the father of a marine killed in iraq defend his right to grieve in privacy against members of the westborough baptist church who protest at funeral likes his son. brian, pay attention. the jet pack is ready for lift off, called the martin. it should be called the brian and soon be available to the public. the city of los angeles already ordering 10,000 jet packs for its police, paramedics and fire department. >> brian: are you kidding? >> gretchen: it can fly up to 63 miles per hour and get as high as 8,000 feet in the air. looking better. >> brian: you don't want to run out of gas. >> gretchen: the cost? $100,000. i'm all for buying stuff up and helping capitalism, but does the

state have that money? >> steve: they've ordered 10,000 of them. >> brian: i don't think california should, but here is my thing, you got to make up some rules because you could have jet packs flying into choppers. >> gretchen: here is my other thing, if you're marketing the jet pack, don't use that video because if that thing can go 8,000 feet, you're only showing it can go two feet. >> brian: get it out of the gym. >> gretchen: 'cause i wouldn't buy that thing if that's all the high i think it can go. >> brian: they're showing me they're shooting in a crawl space and also that they didn't think it was going to work. >> gretchen: 8,000 feet? >> brian: why do they have if -- >> gretchen: let's send brian up. >> brian: i will do it. show me it works once and i'm gone. >> steve: i've known you for like 15 years. that's one of the things he always talks about. i need a jet pack. you said you had a flat tire t you said i would have been here if i had a jet pack. >> brian: i want one to find where my spare is. i could not find the spare in my

tahoe. >> gretchen: let's talk a little about the president because he needs a jet pack of sorts as far as trying to get some of his policies passed through now, especially after the midterm elections if more republicans gain control specifically of the house. so there is a report out today that potentially he'll try and do it in bits and pieces instead of these big policy changes like health care that he was successful in getting passed. you have things like terrorism policy, climate change, other energy policies that he would like to pass. will he change his tactic and try and do it little instead of the big huge thing? >> brian: one white house official says we weren't able to do the things we want to do do with the congress. we have to have a new approach with the new congress and talk about, for example, if you want immigration reform, we know the republicans want to bolster the border first and foremost. maybe we'll do that, they say, in terms, maybe the republican also give us some elements if not the entire dream act. this is called a compromise. >> steve: it is. and pete rouse, the at least interim chief of staff, he may

help them in the senate. not so sure about the house who is going to be in control of that. but pete rouse is an expert, he's been up on capitol hill for a long time, knows how the senate works, might be able to help the smaller bite size agenda items go forward. the key, though, is for the republicans not to be the majority party in the senate. or the house if possible, and in fact, yesterday on the cbs chat show, ed rendell, the governor of pennsylvania, was talking about, look, it doesn't matter if people are really excited about us or hate our guts, as long as they vote for us. here is ed. >> our job in the next four weeks is to tell our base, our liberal friends this is a choice and the other choice is starkly bad for america and for the things you believe in. and remember, there is an old political adage, all we've got to do is get them to the polls because a tepid vote casts the same as a wildly enthusiastic vote. >> steve: that's true.

>> gretchen: a vote is a vote. but i'm not so sure you're begun to gin up the liberal base as much as the tea party has. anyway, remember wonder woman? she was a cartoon and then she was right there, real life wonder woman. guess what, it's coming back. who should play her now? >> brian: lady gaga comes to mind. she's got super power. >> steve: she'd have a take a huge pay cut. >> brian: and change her hair. >> steve: who do you think should be the new wonder woman? go ahead, be a casting agent. e-mail us right now. >> brian: can you fight crime in a meat dress? >> gretchen: oh, lady gaga. >> brian: i'm sticking with her. or what about cher? >> gretchen: she might be a little too old for that role. >> brian: really? >> gretchen: yeah. let's choose under 50. america's latest way to fight terrorists, cows? are you kidding me? no. >> steve: thanks to the union,

bad teachers aren't just fired, they're just rehired someplace else. a former school superintendent calls it the dance of the lemons in the new movie. a technique exposed in that movie, "waiting for superman." lemon dance on the other side of a brief timeout.

>> brian: sudden delay the very first civilian trial at gitmo

detainee. the trial was set to start today in new york city, but it's now expected to begin on wednesday. he is believed to be connected to the bombings of two u.s. embassies in africa, which killed 224 people. joining us is edith who lost her father and jay in the attacks. this delay must be maddening. >> good morning. yes, but we're pleased that finally to see the trial take place. this is the second trial for our families. >> brian: do you feel as though the entire attack has taken such a back seat, almost disappear from the public consciousness here in america? >> yes. really these embassy bombings were the testing ground for 9-11 and at the time that they happened, they were half a world away on american soil. it was an al-qaeda attack and it did not garner the same attention as 9-11. >> brian: edith, the loss must be tremendous and every day you live with it. does it make it worse knowing that there was so many warnings that this could have been prevented? >> yes. these attacks, the circumstances

were quite egregious. we know from the first trial where four members were tried and convicted that our intelligence community had a great deal of information and two active al-qaeda cells were under surveillance as early as 1996 prior to the embassy bombings. there were 12 americans that were killed in those bombings. we have also been working hard with congress to try to get some type of legislation passed. this has been going on for 12 years now. so really it's double whammy for our families to have to have a delay in bringing any individuals to court that have been identified as connected to these bombing, as well as trying to get some legislative resolution. we've been working very closely with senator barbara mccull ski in the senate and bipartisan support, but haven't reached a resolution. >> brian: so far you feel washington is authorrily a let down after these bombings? >> it's a moral issue. we've had great, great support,

the house has acted many, many times. we've gotten legislation through the house three times now and the senate has not been able to get legislation through. congress has many times in the past addressed other victims of terrorism, to the libya claims resolution act passed in 2008. that addressed american victims of terrorism in the libya pan am flight 103. and our country can do better. many of these families lost one or two incomes. you have many kids who are in high school going into college or in college and a lot of fathers are raising kids on their own. our country can do better. >> brian: absolutely. the attack that killed your dad and brother was the precursor and then the cole and 9-11 and the sole link was bin laden. they plan to roll in interviews that he did and showing how this is directly linked to the war on

terror. >> yes. our embassies an the world are classified based on where they're located. the american embassy in nairobi, kenya was a soft target for kenya. we know that because they were not meeting the required security standards that our government required at that time. >> brian: unfortunately we've -- we're out of time. you know your stuff and you're making your dad and brother proud by the way you're fighting and hopefully you'll get the justice you deserve starting this week. >> thank you. our premiere diplomats need to be recognized. >> brian: coming up, it's called the dance of the lemons. instead of firing bad teachers, the lemons are moved to another school. a former superintendent who participated in this dance are here next with why this happens. and it's a video game that let kids play the role of the taliban in killing americans. the creator is making changes. what "fox & friends" has to do with that, coming your way.

>> steve: other headlines this monday morning, verizon will refund more than $90 million to consumers after overcharging them. about 15 million customer also see a refund of at least 2 to 6 bucks. yipee. they say it discovered the overbilling for data use during a review of one customer who complained. actually a lot did. and now they're going to get some money. resting your laptop on your knees can cause toasted skin syndrome. the heat generated by laptops can discolor your thighs. the bottoms of some laptops can get as hot as 125 degrees. toasty. gretchen. >> gretchen: thank you. it's something called the dance of the lemon. instead of firing bad teachers,

the lemons are moved to other districts. the process is detailed in "waiting for superman." just one of the reasons the schools in this country are failing miserably. joining me now, howard fuller, the founder and chairman and former superintendents for milwaukee public schools. good morning to you. >> good morning. i'm the former chair. >> gretchen: thank you for explaining that. but you are in the documentary "waiting for superman." i saw you as speaking about being the former superintendent of the milwaukee school systems and this term that you coin in this documentary, the dance of the lemons. what did you have to do, what do you mean by that term with bad teachers? >> what i was discussing was that there was a provision in the contract that allowed for administrators to trade their bad teachers because it was so difficult to get rid of bad teachers. so rather than get rid of them, they simply traded them.

some of these teachers may have been bad in that school for reasons having to do with that school, but most of them were people who should not have been allowed to continue teaching. >> gretchen: the reason that you had to do the dance of the lemons is because it was absolutely impossible to fire them because of the union regulations. right? >> yes, because of provisions in the contract and because of what principals had to go through to try to get rid of bad teachers. it was extremely difficult to do that. i'm not sure whether or not that's still true in every district in this country, but i know that it is still true in some. >> gretchen: right, because it's documented in "waiting for superman." the immense amount of paperwork that you would have had to have gone through and the time deadlines that you were up against to try and get rid of the bad teacher. so what did you do, sir, in that position? you knew that you had some bad teachers. you just pass them off to another school district and then you would get your own share of bad lemons, too? >> not only was it an issue of

teachers, but that also existed for principals. so when you see the movie, that's really what we're referring to, although quite frankly, the movie is really about the power of parent choice and what it means for poor parents in this country not to have the kind of choices that the president has for his own children. it's unconscionable that we would continue to have that in this country. >> gretchen: very good point. let me have you listen to randi, the president of american federations of teachers. she was on the geraldo show last night. here is what she had to say. >> there is no epidemic of bad teachers in the united states of america. but there is a complicated, tough strategy in terms of helping all kids achieve. there is a lot of great public schools that know how to do it. only half the school districts in america have teacher union contracts. most of these teacher union contracts are done between management and labor. take tenure. it's really due process. i think all --

>> tenure is due process? >> gretchen: do you agree with that? in other words, the teacher is safe from the day they start their job to receive pensions for life? >> i do not believe that anybody ought to have a job for life. i think people ought to be protected, but i do not believe in tenure and i think there are other ways to protect people without giving them a lifetime job. while she may say there is not an epidemic, if you're in a school that has a terrible teacher, the fact there is no epidemic is not great news to you. i think that's just a bogus point, frankly. >> gretchen: mr. fuller, what happened to our children in the public schools because you cannot fire bad teachers? >> first of all, i want to say there are great teach increase public schools throughout this country, as there are great teachers in all schools. there is also terrible teachers and the fact is that if a kid has a terrible teacher, it has a huge impact on their education. we ought not in america allow this to continue. >> gretchen: very well said. howard fuller, thank you so much

for your role in "waiting for superman" and for being our guest today. >> thank you very much. >> gretchen: here is a different approach to fighting terror. use cows? they're already at work in iraq? i got to see that video. then the democratic candidate for california governor is accusing his opponent of using an illegal immigrant as a housekeeper but he himself protected sanctuary cities. so where does this democrat stand? bicycles for breast cancer. the tour depink is about to wrap up its ride and they'll do it right here on our plaza. fantastic. there is another surprise. stick around to see what that is.

>> steve: for years, hollywood tried to come up with a wonder woman movie. >> brian: if you walk out to los angeles, that's all they talk about. >> steve: constantly.

apparently they're backing away from the movie idea. now they're going to go back to television. there is the original right there, linda carter, who is wonder woman from 75 to '79. >> gretchen: that was before photo shopping, by the way. that's her real figure. >> steve: yeah, indeed. some of the suggestions in the past had been angelina jolie and others. who did you think should be wonder woman. >> gretchen: eadvantage lean lily. >> gretchen: she's popular in the 20 something crowd. katy perry, i think that is one of the best ones. i'm thinking about the outfit she had on in the sesame street thing. >> brian: katy perry is always startled. so she'd be perfect 'cause she never blinks. >> steve: one of your suggestions, jennifer love hewitt. also sarah palin. she could do it. she's not got a permanent job right now. >> brian: how about our own

gretchen carlson? could you do both? can you star in a tv series and do this show? [ laughter ] thank you for giving me long legs. the first time in my life. >> brian: kelly ripa was able to host and do a tv serious. i think i speak for everyone in the room and say, why can't it be a man? there are so many women congressional candidates, why can't a man be wonder woman? >> steve: we've got superman. okay? >> brian: we don't use him. >> gretchen: the chick high school one gal. as a super hero. they had one. >> brian: i think that is something that could happen. >> steve: you would look good with blue hair. >> brian: thank you. and a leotard and tight outfit. >> steve: keep them coming. more suggestions. >> gretchen: thanks for those of you who voted for me. all eyes are on the senate battle ground state of kentucky

now. republican rand paul and democrat jack conway squared off on fox news sunday and joining us now live from kentucky with all the highlights is our very own mike tobin. good morning to you, mike. >> good morning to you and to everyone back there in new york. the sparks flew out here in kentucky with the first of five debates planned between rand paul and jack conway. rand paul out front with the offensive, throwing barbs, linking his opponent singular -- linking him to the obama policies and taking a shot at his poll numbers. >> we're waiting for him to catch up a little bit in the polls and then we may refer to him more. but really he has to -- what he needs to do is he needs to either defend his president or run away. so far he's running away from president obama and the agenda. >> paul generally tried to steer the discussion toward the national issues. conway tried to keep it local. and tried to paint rand paul as a tea party fanatic. >> i'm not saying dr. paul is

crazy. i think some of his ideas are out of the main stream and out of touch with the values of normal kentuckyians. >> most of the post debate discussion has been drawn to comments made by rand paul when he talked about raising the retirement age that would make someone eligible for social security benefits because he's talking about all of the people who are getting ready to retire, saying the system will be stressed and something needs to be done about it. back to you in new york. >> brian: how great is this for me to toss to you or us to toss to you and talk about a battle ground and not to be a battle ground, after causing the israeli-palestinian conflict for five years? >> i just think it's nice to talk without a satellite delay so we don't have that long awkward pause. >> gretchen: or without your flap jacket on. >> brian: thanks. great job. >> good morning, guys. >> brian: meanwhile, new this morning, the pioneer of the test tube baby won the nobel prize in medicine. take your time. 85-year-old robert edwards of britain developed the process in the 1950s. the break through procedure

helped 4 million couples conceive. we can't name them all. >> gretchen: rutgers university held a silent vigil last night remembering that student who took his own life after his sexual encounter was streamed live on the web. it was the latest memorial for the boy who jumped from the george washington bridge. two of his classmates are charged with invasion of privacy. they face up to ten years behind bars. >> brian: u.s. troops are count ago new weapon to stop terrorists in iraq. cows. the dutch cows were brought to a dangerous village near baghdad. the hope? by teaching villagers new farming techniques, they won't turn to terror. >> farmer never takes a vacation because the girls need to be milked twice a day. >> good concentrated feed and bring good cows from outside the country to improve ours. >> brian: that's incredible. the united states spending $4 million to try and jump start agriculture in the village. their government is running out of surplus in iraq.

>> gretchen: all right. did you hear about this new video game called "medal of honor?" it let's you play the role of the taliban and murder innocent americans. it's a controversial that we've covered right here on "fox & friends." military moms, including a woman who lost her son in afghanistan, just one of those. she was outraged by this game. >> 1200 families from afghanistan that have to deal with this every day and we live it. it's not a game. it's just not a game. >> gretchen: some good news because of the push back from people like karen, the makers of the video game now eliminating the role of the taliban. that role being called opposing force. let's head outside now for steve. i think he has very special guests. >> steve: i do indeed. i got a whole bunch of them. four days, 220 miles and a zest for life.

200 noisy tour depink bike riders who pedaled from pennsylvania to end their charity ride right here. they raised money for the young survival coalition, national and international breast cancer awareness group. we're joined by hershey's soggy company vp and tour depink rider , jim st. john. good morning to you. >> good morning to you. >> steve: okay. you've got looks like over 100 soggy people. >> over 200. >> steve: 200! took off from hershey on friday, weather not so good. at some point did people go, i don't think i'm gog make it? >> no. that's people are inspirational. they're all wonderful. they all did it and we -- big hills? [ cheering ] >> it was all fun. >> steve: you're raising money for what? >> the young survivor coalition, which is the organization that helps women with breast cancer. awareness, research, tons of

programs. >> steve: that's right. we've got somebody with us right now. matt purdue was with us last year. he's one of the guys who started the ride a number of years ago. how are you today? >> i feel great. i feel like a million bucks. [ laughter ] i feel like $300,000 actually, which is what the hershey company gave us this year. they've given us 1.75 million over the years to help support young women fighting this disease. >> steve: speaking of young women, you've got your daughter with you. >> that's right. she's here. >> steve: did you have fun watching your dad pedal through the rain? >> yep. >> steve: yep. matt, it's great you raised so much money. this has been a tough year for you because this year you lost your wife, randi who helped and was so inspirational and so pivotal to this organization. >> that's right. randi passed away earlier this

year at 44 after her second battle with breast cancer. she was one of the founders of young survival coalition. so we're really out here for her and we're out here so that kids like mine, when she's a young woman, won't have to deal with breast cancer. >> steve: we feel terrible about your loss and i understand jim, you have got something to help commemorate the life and times of randi. >> yes, we do. she was an inspiration for us and she and matt have been tremendous with the young survival coalition. so randi will be greatly missed by obviously both matt and their daughter and all of the organization. >> steve: because it's like a family. >> it's a huge family. what we want to do, in her memory, we want to present matt a check for $10,000 for a trust for his daughter. [ cheers and applause ] >> thank you, jim. thank you very much. thanks to you and hershey because without hershey and

hershey's bliss, this ride wouldn't exist. so i'd love for everyone watching today to go to hersheybliss.com, learn more about the ride, learn more about the fantastic things that we're all doing to help young women with breast cancer. we have dozens of young breast cancer survivors out here on the ride pedaling 230 miles to really prove that young women, even with breast cancer, can do anything they put their minds to. [ cheers and applause ] >> steve: what a very nice thing for you guys at hershey to do. thank you very much. all right. do you have to get back on a bike and go back to hershey now, 220 miles? would you do that? >> okay. >> steve: okay. why not? 'cause that's the land of hershey park where they've got roller coasters and fun stuff. matt and jim and to the 220 people here, job well done! [ cheers and applause ]

gretchen and brian, back to you. very nice. >> gretchen: what a fantastic donation and our thoughts and prayers go to that family who lost their mom so young. >> brian: we saw them setting up outside. they're not going to be deterred, so they'll be outside if you want to come by and say hello. 18 minutes before the top of the hour. back to less important stuff. >> gretchen: the democratic candidate for governor of california is accusing his opponent of harboring an illegal immigrant as a housekeeper. but don't ask him about his policy of sanctuary cities? >> are you both willing to take a lie detector test? >> i'm not accused of anything, so there is no point of me taking a test. she's the one who wants to do it. >> gretchen: where does this democrat really stand? >> brian: then, jet williams, daughter of hank williams, is here and she's got a major announcement to make when we come back. ♪

>> brian: who would have thought illegal immigration taking center stage in the debate for the california gubernatorial debate. brown didn't waste time attacking whitman in their big debate for employing illegal immigrants. >> are you both willing to submit and take a lie detector test? >> there is no point. she's the one who said she wants

to do it. it's her veracity that is in conflict with the house mate. that's the issue. >> what would you have had me do other than exactly what we did? my husband and i played by the rules and the fact that your campaign two weeks ago was talking about this issue, the fact that you are joined at the hip with gloria allred, it was a political stunt and i think you should be shamed. >> brian: but did brown forget his own past? he used to be the mayor of oakland, california, a sanctuary city. we're joined by fox news legal analyst peter johnson, jr. >> hi. >> brian: there is some traction being gained against meg whiteman because of this housekeeper situation because she had a fake social security number. >> meg whitman says she had a driver's license, had the immigration form, and all the evidence of being here legally and that's why she was hired and why she worked for all these years, being payed $23 an hour. but this is why a lot of americans are upset with career politicians, because it's kind of a sick, cynical thing to do.

what jerry brown is saying is well, whitman, you broke the law. but at the same time, you victimized a latina. he's trying to leverage this ethnic tension in the state of california with 21% of the voters are of latin descent and at the same time he's taking a tough arizona stand that he's for enforcement of the law. he's not for enforcement of the law. he was the mayor of oakland california from 1998 to 2006. it's not only a sanctuary city, they named themselves, back in 1986, a refuge city. so they say to the world, we have our own foreign policy just like san francisco. please come. we are the new ellis island on the west coast. >> brian: that might get them -- >> true, but hispanic votes because in that community, there are so many illegals there, or family members that are illegal that might be able to vote. i'll bring you to something else i think is fascinating. why isn't he debating in

spanish? isn't this america? >> this is america. but 21% of the electorate is of spanish difficultation and some are spanish speaking. that's a whole nother issue about english only in this country. >> brian: look how close this race is. whitman has 46% of the vote. this could really be the deciding factor. >> it's become a very important factor in the race. but whenever you see gloria allred, who is the queen of self publicity, in my opinion -- >> brian: who worked with governor brown. >> has an association with governor brown and she shows up, somehow proclaiming the rights of the former domestic formist, whitman, then you know something is kind of rotten. we have these cock dial tears by jerry brown for the plight of this woman who now has been outed in terms of potentially false driver's license,

potentially false immigration form and potentially subject to all of the problems of state and federal law. jerry brown had a chance as a.g. to shut down sanctuary cities. he failed. >> brian: peter johnson, jr., you were successful in outlining both sides. coming up, it's hank williams like you've never heard him before. music in stories that are just now being released. his daughter is here with a story that you don't know about the legend. but first, let's check in with another legend, our own martha mccallum. she'll tell us what's happening on her show. >> legend in my own time. thank you very much. we've got the latest on this renewed terror alert for u.s. travelers. brand-new information coming in that includes a warning about airport waiting areas. we'll tell you about that. could charlie baker be the next scott brown to stun blue massachusetts? he's here when bill and i join you at america's news room at the top of the hour.

♪ . >> gretchen: country music legend who has been gone for almost 50 years, you know who it is. he's about to release more music now. hank williams' daughter, jet williams, joins us now with the amazing news about new music. good morning to you, jet. >> good morning. how y'all doing? >> gretchen: very good. thank you. in this box set right here is what? >> actually what this box set is, hank junior, myself, we partnered with time life to release these unreleased recordings of our dad that he did in 1951. >> steve: it looks like an old radio and you open it up and you've got how many -- 16 different disk as soon as. >> exactly. there is 143 songs that my dad -- we recorded and if you

weren't listening to him that morning in 1951, you have never heard him sing these songs. but he also hosts the show. there is very little known about hank williams, but on here you can hear him laugh and being emcee and tell jokes and he even makes mistakes. >> brian: first off, a lot of people say, what kind of stories do you think we'll hear from him? just him reminiscing personally about what went into his music? >> exactly. he'll say -- the only people that have ever heard this song is the record company and i want to try it out on y'all. he says, i can't help it if i'm still in love with you. >> steve: that's awesome. and then he plays it. these were destined for the landfill. right? >> the dumpster. they were recorded in 1951 and they were put aside. they were changing studios and going to discard them. they were rescued. later they were turned over to me. hank junior and i battled eight years to get clear title on this against the record companies and other companies and the courts ruled in our favor and said that the kids of hank williams own

this material. >> gretchen: and something that you would know about the courts and fighting, you didn't even know that hank williams was your father until you were in your 30s. >> you're right. and the thing is, hank junior and i were against each other in the courts at that point and then when i won, what happened was this box set united us together as the kids of hank williams. >> brian: you never met him? >> no, actually i was born five days after my dad died. >> brian: what is it like hearing your dad so alive the first time you hear these recordings of him, not just singing, but talking? >> i get to meet my dad because he tells other stories about his family, his grandmother, being from alabama. those are treasured because with a parent that's famous, all i've gotten to do is read what somebody thought he thought, or a secondhand knowledge. so to hear my dad tell me what his favorite song is, or why he wrote that song, or his grandmother put him to bed singing this song, then that

gives me part of my dad that i never thought i would have the privilege of knowing. >> gretchen: there was something inside of your heart even though growing up in foster family, you didn't know who your real dad was, but there was something about him that was in you. will you stick around and tell everyone what it was? >> you got a date right now. >> gretchen: more "fox & friends" in two minutes. jet will answer that when we come back.

>> steve: earlier we were talking about jet packs where you could fly around and it

looked like the l.a.p.d was going to buy a whole bunch. turns out they're not going to. which means brian, more for you. >> gretchen: you need to come up with ten grand. >> 100 grand. >> gretchen: even more. before we bent to break, i was saying that even though you didn't know you were hank williams' daughter until you were in your 30s, there was something that was a constant in your life musically. you always held on to what? >> a guitar. in fact, my adoption records, when they were noting when i changed homes and went from one to the other, they said, she was carrying her guitar. i have a picture of me with my grandmother and i have a cowboy hat on and a guitar. >> steve: once again, we've got this new 16 disk compilation of hank williams songs. go to our web site if you want more information. you're going to stick around for the after the show show if that's okay with you. >> you got a date again. >> brian: we're going outside to