two blocks from here, do you? >> tick, tick. >> a father and s walking to a bank end up looking down the barrel of a gun. what would you do? that dad here to tell us how he saved his son's life. "fox & friends" starts right now. >> welcome aboard. there's been so much bad news lately. isn't it great there's a fantastic good news story today. >> however, bill hemmer may have a different take on that story. >> he was at that game. >> it was fantastic! >> he called me in the middle and he said i think i'm witnessing history again. that was great news. >> good -- to make you feel good about stuff people can do. >> while it's happening in the eighth inning, it's so funny that the broadcasters won't jinx it by mentioning it. >> there wasn't a lot of talking thankfully. we have plenty.

we have three hours of talking to give you the news. >> we have other headlines. fox news alert. texas college student is shot and killed during a bus hijacking in mexico. jonathan william torres was going to visit his family when members of a suspected drug cartel boarded his bus and opened fire. the georgia native was working towards a degree in medicine at the yufuniversity of texas at brownsville. early this morning, nato says a taliban leader was killed in an air strike in the takhar province along with seven other insurgents. the leader is accused of kidnapping afghan security officers, holding them hostage and killing them. now, this is not kansas. it's arizona. and this morning, a massive cleanup is under way after two twisters tore through the state. it happened right before families sat down to dinner. one tornado packing winds of 110 miles per hour. it caused all this damage you're seeing here in the town of belmont. trucks were tossed off highways.

mobile homes were ripped in half. thankfully, nobody seriously hurt. brand new trouble for a proposed mosque near ground zero. new york city buildings department tells fox news there are multiple code violations inside the building scheduled to become part of the mosque. developers could face fines up to $10,000. and those are your quick headlines this morning. we have to move on to what's going on in washington today. federal prosecutors may have to rethink their trial strategy against the terrorism suspect because a federal judge is barring the star witness against the guantanamo bay detainee. julie kirtz joins us with this story. >> this development over whether fierce debate of the obama administration can successfully prosecute a gitmo detainee in court, prosecutors got off to a rough start in the case against

the alleged bomber. a judge from new york ruled on wednesday that a key witness cannot testify because investigators learned of him during his entire gatien in a secret c.i.a. jail. they say he was tortured. he is accused in the 1998 east africa bombings that killed 228 people. u.s. attorney general eric holder is defending the decision to try him in civilian rather than military court. >> courts have shown an ability to handle these kinds of cases over the years. i don't think there's any reason to doubt that we can successfully do that in the future. >> gretchen, his case has been delayed until next tuesday while prosecutors decide whether to appeal the judge's ruling yesterday. back to you. >> what i find amazing is aren't we going on his word that he says he was tortured and his lawyers, of course, spouting his case so we're going to believe now every terrorist and we know it's part of the terrorist

handbook to claim that the way we're treating them is poorly. >> you know, the judge in this case says he takes this very seriously. he understands the ramifications of this but we have to proceed and make sure that the witnesses are able to testify and that the testimony is fair. >> and that brings us to this. all right, julie kirtz live in d.c. thank you very much. man, there was a spirited debate last night in florida. the three top guys who want to be the senator down there, went after ooeach other. at one point, charlie crist took a cheap shot at the republican in the race right now. marco rubio. here's this. >> it's the wrong thing wanting to punish teachers, wanting to punish women and wanting to punish seniors by raising the age of eligibility. you haven't drank the kool-aid but too much tea.

>> that was a line like when you go in an interview, you want to make sure you get those lines out. he wanted to make sure that he got that line out last night so this sets up to me a huge strategy there. that crist obviously the independent now but going for the independent vote in florida, people who may not feel that comfortable with the tea party. this was a huge shot. >> rubio went on to say i think it's funny to listen to the governor in the positions that he held just six months ago when he was trying to become the biggest conservative in the world and win the republican primary. that's tough. the governor saying i can't believe i'm losing to marco rubio. i'm going independent and he was paying the price because he was tight and gave a hug to president obama. at the time, president obama was riding high. not so much now. >> speak of riding high, marco rubio doing really well in fundraising. his campaign sent out a letter yesterday that detailed how much money he has taken out in the third quarter, more than $5

million. apparently something like 95,000 donors from across the country, mainly in florida but across the country have contributed to marco rubio, average donation of people to marco rubio in the last quarter, $80. >> n >> this is amazing grassroots effort. you have to say hats off to the american public getting energized about politics again because this amount of money is astounding. it's like christine o'donnell in delaware. same kind of grassroots effort of being involved. onlyi coming up on the show, we'll many be joined by kendrick meek. charlie crist has not taken us up on the invitation just yet. >> he did a very good job at the conclusion of last night's debate. some say that he came from behind and did he win? we'll talk to him live. >> very talented comment tart.

so now robert bird's seat is open. people think he's a long term senator. that will go to the popular governor's mansion. in his last election for governor, he got 70% of the vote. why would we go to the democrat? because i guess it seems early on to the dismay of joe mansion himself, his link to health care and president obama is costing him in the race for the senate seat while he retains a very high popularity in the state of west virginia, he's trailing now by five points because very rich guy named john race seems to be meshing with the people of west virginia. >> yes, in fact, he has steel fabrication and owns a newspaper and part of a radio network as well. in some of his ads, where he's taking a shot at joe mansion and says we have to stop obama and

he points out that mr. mansion was for much of the health care reform that was passed by the house although now mr. manchin in his defense says some of them are a little too far. >> 1 in 4 democrats wants to repeal health care. let's look into that further. let's look at this poll, people love manchin. 66% approve him. this is sort of emblematic of how the nation sees president obama as well. when you look at the approval rating of the president, people say you like him. when you look at the poll about his policies, they say they don't like that. then you see the same thing here in manchin. they love him but when he goes up in the race against the republican, rewran is ahead. the one thing that manchin wanted to show off the other day is a picture of himself with george bush. he didn't want any pictures out there with him and obama.

who would have thought that three months ago that manchin would want this picture to be part of his campaign in west virginia. >> when you look at the poll numbers and while he's a popular guy but he's trailing is what's going on with barack obama. there he is. you can see trailing john raese by five points. is this what's going to happen in these states a referendum on the president of the united states? the president would lake it say no but it sure looks like it is. >> he's never been invited to the white house and he's suing the federal government because they are preventing him from doing mountaintop mining which is bringing coal mining to a virtual halt hurting the state. george bush won that state twice? john mccain won it the last time through. >> sure. let's talk a little bit about a congressman out of illinois. he's congressman phil hair, he said some very interesting things. number one thing that caught our attention was that he doesn't believe that the national debt

is real. >> trying to debunk the myth that we can't spend. >> you can spend but phil, you got to cut stuff first! he is representative from the 17th district in illinois which is includes decatur and also moline i do believe and it's not the first time he's said something a little on the crazy side. i believe it was the conclusion of march of this past year, he said this about the constitution. >> i don't worry about the constitution. i believe that it says we have the right to life, liberty and the pursuit of happiness. >> i don't care about the constitution. great! >> the interesting thing about that debt comment, he would have been able to say that a couple of years ago and nobody would have picked up on it because most the american public didn't care about the national debt. now, that's like the top three issues after the economy, it might even be number two is corn

about the national debt continuing to soar. >> that's also from the declaration of independence, starting point to start the revolutionary war. do you want to take somebody who made a statement that said i experimented with being, you know, in witches in high school as opposed to i don't really think we're in national debt? i'd be a little bit more concerned with what he thinks now. >> all right. what do you think? e-mail us right now on foxnews.com. why he flipped out at the car wash. >> and dick morris making bold predictions about the midterms again? republicans have momentum to take control of congress. that's not all he's going to tell us this morning. stick around. how are those flat rate boxes working out?

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you really see the trend even going more towards the right? >> yeah, i think it's incredible. there's propaganda being put out by the mainstream media that somehow the democrats are coming back. the exact opposite is happening. in race after race, the democrat is falling further behind. yesterday was the first time in 2010 that the republicans achieved a lead in the 10 senate seats they need to take control. they're leading in all 10. 45 ahead in north dakota. 18 ahead in indiana and 18 in arkansas. 12 ahead in wisconsin which is incredible. they were like three ahead last week. five ahead in west virginia where the race -- actually, six ahead in the latest poll.

five ahead in colorado. seven ahead in pennsylvania. and three ahead in nevada and the newest one is one ahead in the state of washington. >> it is an amazing trend that's not being brought up. all you heard over the weekend is how the momentum shifted and how effective president obama has been out on the stump supposedly but you see something that many people have not concluded or realized yet. the democrats don't even have a theme. two years into controlling the house, the senate and the white house, they don't have a theme to run on. only what not to run on. >> yeah, there's nobody out there. no democrat out there that's going out and saying, you know, health care was a good idea and the stimulus package worked and i'm glad we passed it and we need cap and trade. nobody is out there saying it. even obama isn't really saying it. it's absolutely incredible. but, you know, the other thing and by the way, you can go to dickmorris.com every morning and

you have a new blog every day about the election. and one yesterday was about the gap in turnout. gallup did this fascinating poll. of all registered voters who will never show up in a midterm election, republicans were three ahead. of a moderate turnout model that would be about 70% vote which is way more than will, republicans are 11 ahead. among the more restricted turnout model, 45% vote which is what's going to happen, generic ballot has republicans 18 ahead. >> that's significant a. let's go to two quick polls. west virginia, we just discussed this a little bit. john raese, free market guy against an extremely popular governor, joe manchin. people say we love you as governor, stay there so far. this is fascinating. >> they feel if he goes to washington, he'll change. the democratic committee is running an ad where there's guys

from west virginia talking and saying, you know, manchin has been a pretty good governor. i'd hate to lose him and have him change and become an obama clone in washington. the campaign slogan is mentioned for governor. >> let's talk about nevada, possibly the most fascinating race so far. harry reid finding himself trailing for a long time in a long time. angle up three, 49-46. >> yeah, i think that that race has followed a pattern. right after the primary, angle was way ahead. then reid came ahead with fierce negatives. on august 1st accide, she rose tie. the race has remained tied ever since. now she's adding points and coming ahead. like i said before, colds, you have to take these clothes with a grain of salt because they're having so many voters in their sample and you get to those that

are actually going to show up, the republicans are running much better in their polling. that's why, brian, i have this thing called super pack u.s.a. >> hold it on that thought. >> we have another -- >> stay right there. you'll come back in another segment. i don't want to cut that segment short. we'll be talking about democrats after the midterms whether they win or lose or whether they hold or not. meanwhile, another story. a father and son walk into a bank and end up looking down the barrel of a gun. what would you do? what did the dad do? you'll find out. i'm done with airline credit cards

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only liberal left lean willing districts will hold on to their jobs. let's talk to dick morris who

was with us before that pesky commercial time-out. white house plan is to fire up the liberal base and that worries a lot of centrist democrats because it's like, hey, we need the moderates. we need the independents. we don't want to go crazy lefty, what's not going to happen? what do you think is going to happen? >> i think you're correct that the congressional delegation of the democratic party will be significantly more liberal because the moderates will have lost. but i think that obama himself will probably attempt to move to the center. this ties in with what i was about to talk to brian about. i believe that the republican party is aiming too low. they're going after the 40 or 50 or 55 or 60 seats in the house that are nearest at hand. the low hanging fruit. the pawns in the chess game. and i think they're going to win those and i think they'll take control. >> you think they can actually -- they should aim higher towards 100, right?

>> higher. i think that if they go for 100, they could win 80 or more seats so i've set up something called super pac usa.com, which is aimed at funding those 70th, 80th and 90th seats and it includes some high value targets we may be able to take down. barney frank, steny hoyer, john dingle, the guy that wrote the health care bill, those guys are in districts that we might be able to win if we make the effort. >> you think that we are -- >> but interestingly enough, barney frank will be on the show today. so stay tuned for that. >> ok. well, maybe you have a former congressman on your show. >> let me ask you this. it seems incongruous, that the democrats on the far left they won't lose in the midterms even though there seems to be a referendum on the far left in this country right now.

>> yeah. because the game the democrats play is they have this radical liberal leadership elected by conservative members. in other words, you have members from swing states that give them the majority. and say, oh, i'm pro gun, and pro life and anti-government and then they go in and stroet for barney frank and dingle and rangel and pelosi. it's their votes that elect them. what's happening now is the blue dogs are getting obliterated and getting wiped off the face of the earth in terms of the congress. i think you may have as many especially with this new effort as 80 or so seats go republican and that means the congressional delegation will be very far left. but i think that obama will try to move to the center. the problem is that what used to be the -- the right is now the center. and he may come in from the left but he'll still be pretty far out there.

>> we'll see. >> we got to go. >> obama may say i'm going to clean up health care reform. well, that's now the liberal position, the conservative one is repeal it. >> get more on that on dickmorris.com. he blogs every day. thanks so much. >> thank you. >> you bet. coming up, remember charlie the smoking chimp? we showed you pictures of him. well, he's dead but not from smoking. find out what happened straight ahead. >> tried the patch, it didn't work. >> nancy pelosi says doubling up on employment payments and food stamps give the economy more bang for its buck. what? stuart varney helps make sense of all that. he's around the corner. >> next guest is a marine. he survived the war zone by writing stories for his son. the amazing story when he joins us. ide ] the wedding was just days away.

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>> all right. time for the shot of the morning. we're saying good-bye to charlie, africa's smoking chimp. he has smoked his last cigarette. he died on tuesday apparently from natural causes, old age, perhaps. zoo workers say they'll perform an autopsy to be sure. charlie the smoking chimp is 52 years old which is 10 years longer than the average chimp. that doesn't mean smoking is good for you. remember, charlie the smoking chimp got hooked on smoking when people there at the zoo would be smoking and they'd throw the lighted cigarette into the enclosure and then charlie, m k monkey see and monkey do. >> the zoo let that continue? >> i've seen that happen in san diego at that zoo as well. >> somebody has to be upset about that.

>> i did not know that apes live to 52 and i'm worried about charlie sent to others, maybe i understood to smoke to live longer. >> any chimps watching right now, bad message. >> ok. >> it is a house speaker smackdown? current speaker nancy pelosi locking horns with former republican speaker newt gingrich who said this. >> what i've been advocating very strongly is the republicans draw a clear contrast between paychecks and food stamps and hammer home the fact that under obama, we now have more americans on food stamps than ever in american history and that's not a future the american people want. >> but the democratic leader defends the welfare program saying -- "it is the biggest bang for the buck when you do food stamps and unemployment insurance. the biggest bang for the buck. ""talking about banging bucks, stuart varney is here. >> that's the best intro ever. >> the smoking chimp and then

banging bucks. >> "fox & friends" at its best. >> go for it! >> stuart, i don't get it. for every dollar that you use if you're a food stamp recipient, you get $1.72. >> this is a complicated economic multiplier, a theory that they're bringing in here. the bottom line is she is saying -- speaker pelosi is saying, look, you provide food stamps and you increase unemployment benefits. you get a much better stimulus for the economy than you do if you were to give tax cuts to the rich. that's the comparison. basically, she is making. is she right? well, what about the evidence that's before us? 41.8 million americans are now on food stamps fortunately all ti -- all time high. >> by her doing, we're doing fantastically. >> exactly. but we're not. the unemployment rate will probably go up tomorrow to 9.7% and we're adding to the debt by $1 1/2 trillion a year.

on the basis of evidence, it would seem you don't get bigger bang for the buck. >> when she makes this issue, what she fails to report is it's taxpayers who are paying for the food stamps program and if you have 1 in 8 americans now participating in this program. and if you say it's at an all time high, that can't be a campaign message for the democrat. >> but she turns it around and says we are a compassionate society. >> which is true. >> which is true. we have a dreadful recession. we are providing help and assistance to those people who need food and those people who need unemployment insurance. we are compassionate. the other side of the coin is, yeah, we are compassionate but we'll be coming like a welfare state like europe and we're going deeper and deeper into debt to pay for it. >> and food stamps is our destination. i mean, that's something to be prevented, it's a net. several hundred people working so they can get food stamps. >> how are you going to create

jobs? do you create jobs with food stamps? in my opinion no. >> stuart varney coming up at 9:20. have you prepared anything? >> no, i do it all on the fly. >> ok. >> smoking chimps, bang for the buck, do it on the fly. >> all right. >> i'll tune in for that! thanks, stu. couple of quick headlines. in two hours, the labor department will release the weekly jobless claims report. analysts expect to show 455,000 people filed for unemployment benefits for the first time, the increase of 2,000 new claims from the week before. >> meanwhile, the united states and afghan officials are making explosive accusations a day after insurgents torched than too oil tankers. they believe the spy agency is urging the taliban to fight americans. pakistan denies the allegations. meanwhile, the united states officially apologizing for an air strike that left two pakistani soldiers dead. it's hoped that pakistan will

now reopen the border crossing that they closed in retaliation. also, a g.p.s. system that tracks sex offenders is working again. yesterday, the system failed and authorities lost track of thousands of sex offenders for a number of hours. terrific. the g.p.s. monitoring 16,000 offenders in 49 states. most local police were put on alert for the day. in wisconsin, police had to detain several offenders until the system was back on line. sex offenders were never aware of the outrage. take a look at this, apparently, he really wanted to wash his car. take a look at this guy at a texas car wash. he couldn't get his dollar in the change machine. see right there. so he proceeded to pull and kick the machine and even smashed it with a cleaning wand. squegee! no luck, he left empty handed. the owner claims that guy with the squegee caused $20,000 in

damage. >> retired colonel served in afghanistan as a marine harrier pilot. >> he wrote the book, the first book written by a marine harrier pilot. good morning to you, sir. >> good morning to you. >> you decided to write journals and a lot of it had to do with your struggles and your personal pain and you decided you know what? this could be a book. >> that's right. when it started off, it wasn't like i had a lot of pain. i was going to war. and when i was a child, my grandfather told me stories about when he was a c.b. fighting overseas in iwojima. i got older, those stories faded with time. he had a harder time recollecting it. i wanted to be able to pass it on to my grandchildren. i had no idea what would unfold

so i wrote journals for a wrote and had no idea they would become a book later. >> you writ down and this will be the history you see. what did you see that you couldn't possibly have cared for? >> maybe it wasn't so much that i saw. the hospital, clearly when i went to the hospital and saw afghan children missing arms, eyes, legs, and then the family not wanting them back home, i could never prepare myself for that. i think some of the things wasn't so much that i saw. it was sometimes the things i heard, too. hearing someone on the ground who i don't see who is in distress, who at least understands his fate and you hearing that knowing that you can't do anything about it. i feel this awful feeling. >> encompassed in this book is also your struggle with your own faith with god while you were there. why? >> sure i went to war and i was naive when i went there.

we have done well and are going to win. today marks nine years of war since the operation freedom opened and i don't think much has changed. from when it was there seven years ago to today. you know, pakistan has still, you know, read "the new york times" this morning is not the greatest ally in fighting the insurgents that we're fighting. >> the pakistani representative for the pakistani taliban, that's where he trained. does that make your war fighting make sense. as soon as they get a chance they have a destination and it's here. >> the fact that we haven't prosecuted the war correctly against -- i'm upset about that. but i absolutely believe that this war is important. in fact, the outgoing commandment said that military leadership as well as civilian leadership has not done a good job of explaining to the american people that there are good and just causes for

fighting this war. 60% of americans oppose this war. it's not surprising. it's an unpopular target. it's important to keep them from coming here. we've got lucky in the last year, let's face it, you know, these people were relentless and you cannot negotiate with them so we have to prosecute this. >> interestingly enough, now hamid karzai, the president of afghanistan may be negotiating with the taliban. we'll see how that plays out. maybe people in reading the book will have a better understanding in why they are there. >> i hope so. >> it's called "a nightmare's prayer." thank you for your time. >> my pleasure. >> all right. >> try the assistance program for survivors, giving a good portion of my charity to them. >> thank you so much. >> you're welcome. >> straight ahead now, we move ahead. >> see? >> thanks very much, brian. remember this guy, he put on his

night vision goggles and headed to pakistan looking for osama bin laden? now he's under arrest in colorado. we showed the video yesterday. father and son came for hace toe with a gun. we'll talk to him about that next live.

>> couple of quick headlines for you. another one of sea world's killer whales is dead. the third sudden death of a whale at the company's parks in the past four months. the latest, a 25-year-old female orka named khalina at sea world orlando. sea world vets are investigating. he's known as the bin laden hunter. now he's facing domestic assault charges in colorado. he has a court date in two weeks. he returned to the u.s. following what he says was a one man mission to capture or kill osama bin laden. >> thanks. it's startling video. a father and young son walk into a bank where there was apparently a robbery in progress. quick thinking on the part of this father, perhaps, saved his life as well as the life of his 9-year-old son logan. the dad you see in the video

joins us via satellite from miami. good morning to you. nice to see you. >> same here. good morning. >> you're starting right there at the teller and having a conversation with them. doing a little routine banking business. and as you approach the counter right there, and then you saw what? and what happened? >> well, when we walked in, i saw nothing. there was nobody in -- behind the tellers, first thing i said was hello, is anybody there? next thing i know i hear somebody yelling get down, get down. get down. i saw a pistol to my left and i started dropping to the floor and i brought logan down and laid on top of him. >> ok, now that's the part that we're talking about that so many people are talking regarding what you did. you laid down and your son logan crouched down and you put your arm over him. why? >> yeah.

why? i guess it's a fatherly extinct. i was just covering him up. i was squishing him as he told me later but i didn't want nothing to happen to him. i even told the robbers, i says, please don't hurt my son. and they told me, lay there. you'll be ok. >> at one point, while you're squishing your son right there, is he making noise? is he saying something? did you have to tell him to pipe down at that point because there was a robbery under way? >> yeah, he was giggling, you know, he was -- he was laughing. i told him to be quiet and put your head down. don't want to make them mad. and then i told them it was going to be ok. just lay here still. >> sure. ok, so you put your arm over him to do what parents do, to protect their children. eventually they left the bank. then what happened? >> well, we waited five seconds when i heard that door slam behind me and we got -- i didn't have a cell phone so i got up, ran to the car and tried to find

a business that's open to call the police and i heard police in the background so then we went back to the bank so give our statement. >> we keep re-running the video. obviously, there's nobody at the counter because the guys with the guns had called everybody in the back, right? >> correct. i didn't know where they were. i found out later they were locked up in the vault. >> right. >> sure. now what about logan today? i understand, you know, he was laughing about it at the timed a little bit. making a little joke while you're squishing him right there. but he's had some trouble sleeping ever since, you know, not every 9-year-old kid who is involved in a bank robbery. >> correct, you know, he still doesn't go to the bank with us at all, you know, if i'm going to the bank, he stays with his mom or stays with a neighbor. but yeah, he doesn't like to be alone. he thinks someone is going to come in the house and grab him. >> sure. the f.b.i. has released this video because they haven't been able to find these guys.

they're called the sun down bandits because they hit at closing time. >> that's correct. >> it's pretty amazing they haven't found these guys. they have a lot of video of them. >> i know. >> well -- >> i hope they do! >> no kidding. all right. mike who did what we hope every parent would do when faced in a situation like that, protect their children. we thank you very much, sir, for joining us live from miami. >> thank you very much. >> all right. have a great day. >> you, too. >> that's great, isn't it? just great. all right. 11 minutes before the top of the hour. drinking while pregnant. they say it's perfectly fine to have a new drinks a week. medical a team weighs in on that. here they come. i wonder what's in dr. manny's cup. our country's first all female team straight ahead on this thursday. "fox & friends." don't tell me about a dog. a day care full of kids, house chickens. call a day's work. call 1-800-steemer

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>> a new study finds that light drinking during pregnancy may be safe? but this goes against what most doctors have been telling pregnant women for years. here to explain our medical a team, doctors manny alvarez and mark siegel. good morning, gentlemen. >> good morning. >> this is your specialty, you're an ob/gyn. women can drink while they're pregnant? >> listen, this study basically asks a basic question. if a woman has a drink or two while she's pregnant, is it safe for the baby? and it appears to be safe, you know, this is a large study. 11,000 women over x amount of time. they looked at children at the age of 3 and age of 5, they did not find any cognitive or any kind of behavioral problem but you have to kind of pause there for a moment and say is alcohol good for a pregnant woman? and the answer is no.

fetal alcohol syndrome is a very devastating disease where the baby doesn't thrive as small. has a small head. these babies have learning disabilities. they have intelligence problems so the thing to look at the study is basically the same. if a woman inadvertently wants to have a drink while she's pregnant and she wants to know if it's safe, yes, it's safe. you don't have to feel guilty. it's ok. but then stop. don't make this into a habit. don't take a drink a week just because it's safe because at the end of the day, we don't know how much alcohol is safe for unborn child. >> absolutely. first of all, manny is not only an obstetrician but an expert in problematic pregnancies and he knows about the fact of alcohol. alcohol is poison. it's a toxin. you wouldn't know where to draw the line so you could never tell a pregnant woman it's ok to drink. maybe manny would say in the third trimester if you're having some contractions you'll have a glass of wine. in the first or second trimester, you're not going to say to do this.

it's not like we're going to give women alcohol and see which group does better. >> that's crazy. that's crazy. speaking of drinking and moving to a serious aspect of that. binge drinking apparently on the rise amongst high school students and also adults. dr. siegel? >> 1 out of 4 high school students binge drink meaning they have four to five drinks over a two-hour period. 33 million adults binge drink. this is so dangerous. i can't even tell you. in terms of driving accidents, impaired judgments, you're pickling your brain. it's bad for your liver. it's been shown to cause liver disease. this is becoming a trend. it's a socially accepted phenomenon. people think, oh, it's the weekend. i'll have five drinks in an hour. i'll be ok. you're not going to be ok. very dangerous. >> the thing about this study, though, manny was that it was people who were above a certain income who appear to be the biggest drinkers. >> exactly. you make more than $75,000 a year, you have x amount of education, you're kind of a

legitimatized these ideas of drinking socially acceptable. 1 in 4 teenagers are doing this. for teens, it represents a different story. it represents early disease and, of course, high rates of sexually transmitted diseases. >> and addiction. >> and addiction. so it's a bad thing. >> i want to get this final one. a lot of people will be interested in this. they did a study about whether fat belly or fat thighs are better for you. i don't want either one. anyway, it turns out that fat thighs are better for you. >> well, because the kind of energy you release -- the headline is you can make new fat cells. we all thought we were done. we could only expand the fat cells you have in your belly and get a bigger belly. it turns out in your thigh, you're making new cells. that's better for you metabolically and better for you in terms of using them as power packs it release energy but is fat really good for you? no. >> the question is, basically, where is the fat going to go? i mean, look, you know, i got a big belly, i got thin thighs. so i'm not a good candidate. some people like j. lo, you

know. >> got junk in the trunk. >> there you go. very healthy. >> ok. she'll be very happy to learn that. so will lots of women who have bigger thighs. always great to see you. >> thank you. >> barney frank is facing a tough race for re-election. can you believe that? he's not blaming his policies. he's blaming conservatives. we'll talk live with congressman frank next hour. don't miss that. then the government says no sugary drinks for you if you're on welfare. is that a good idea? credit card rewards are always good in theory.

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>> good morning, everyone. hope you're having a great thursday. it's october 7, 2010. thank you for sharing your time. he used to be a republican. now charlie crist is attacking his republican opponent. >> you haven't been drinking the kool-aid, my friend. you've been drinking too much tea. >> more from the fight from the battleground state of florida. >> all right, meg whitman under fire for having an illegal maid, as you know. is it about politics or is it about the law? homeland security secretary janet napolitano weighs in. >> obviously, this is ultimately a matter for california voters in terms of the impact on the governor's

race. >> what about justice? what about breaking the law? homeland security secretary -- i'm sorry, i digress. >> i'm out of words. >> barney frank has been in congress for three decades but now facing a tough race for his re-election and blaming conservatives for that. we'll talk to him about that and so much more when he joins us live in the next 15 minutes because "fox & friends" hour two for a thursday is starting right now. that's brian's forehead. >> hi, i'm donny osmond and you're watching "fox & friends." >> we love when he comes to the couch. he's a great guest. >> he's one of the guests that has been here over the last 14 years. it was 14 years ago today that the fox newschannel signed on at 7:00 eastern time. 14 years ago and fox news has been making news ever since. >> wow. >> and we've really marked time with donny osmond because first

we were friendly with him. then we had a fight with him over the couch and then donny osmond introduced me to a member of his family and thought i was the driver. >> there you go. >> happy birthday. >> that caught me up for 14 years of history. we make headlines here and we deliver them. we begin with a fox news alert. a college student is shot and killed during a bus hijacking in mexico. jonathan william torres was going to visit his family when members of a suspected drug cartel boarded his bus and opened fire. a georgia native was working towards a degree of medicine at the university of texas at brownsville. no, you're not looking at pictures of kansas. this is arizona, folks. this morning, massive cleanup after two tornadoes tore through the state. one tornado caused this damage in the town of bellemont.

thankfully no one seriously hurt. new allegations this morning that the white house tried to cover up some of the grim assessments of the b.p. oil spill. the commission appointed by president obama to investigate the oil spill found that the white house budget office stopped scientists from telling people how bad the situation could really get. the commission says scientists working on the spill use that information. a white house spokesperson is denying the report. the mayor and governor of new york wants the federal government to ban sugary drinks from people collecting food stamps. they want to see if it makes a difference in the city's obesity rate. the u.s. department of agriculture says about 1.7 million new york city resident that are currently using food stamps and used about $135 million worth of them to buy sugary drinks last year. and those are the quick headlines. >> well, you know, the way charlie crist had it all figured out when he was running for senate as a republican, he would garner the support of the tea party. well, funny thing happened on the way to the election and

charlie crist was derailed in his quest for a nomination on the republican side by marco rubio who currently has a comfortable lead down there. well, last night, the tea party people that charlie crist would have loved their support once upon a time actually used them against marco rubio. listen to this. >> marco, i think it's the wrong thing. i mean, wanting to punish teachers. wanting to punish women. wanting to punish seniors by raising the age of eligibility. you haven't been drinking the kool-aid, my friend. you have been drinking too much tea. >> that was last night in a debate down in florida. >> that was an attack that he thought of. he wanted to make sure he delivered that line. it's charlie crist against the tea party. for the most part, most important is the tea party were going to vote for rubio anyway. maybe it doesn't have much of an effect. it goes to show that charlie crist is really moving away from the right. >> charlie crist is -- i think the administration would add a tough decision to make.

do i back congressman meek who is trailing significantly or vote for the independent and maybe have another voice in the senate? he'll be joining us in a little while and did a great job last night in the debate but charlie crist in particular was called on the carpet. it was crist against rubio. he brought up a great point. i have trouble listening to you right now knowing that you're a republican and just a conservative a couple of months ago when it looked as if you had a shot at the republican nomination. >> sure. that wasn't working out so charlie crist changed a bunch of his stands on different things. marco rubio has been steadfast in his conservativism and it's a total message. so far, he has raised $16 million, marco rubio has. he raised something like $5.5 million in the third quarter alone. and 95,000 donors, the average

donation is $80. >> over $5 million in the third quarter is a record. >> that's what is said about that. who was it on the show last night? gloria allred part two. she was talking about the fact that she is representing that housekeeper who now says that meg whitman who wants to be governor of california knew for years and years that she had hired an illegal. well, here was greta going after gloria last night about that situation. >> it wasn't just for the 6,000 some dollars that she placed herself at risk. it's because she wants people to know how she was treated when she was an employee of meg whitman. >> when she lied to violate the law. she lied to violate the law. she's not -- >> to know that. >> gloria, she lied and violated the law. she's not the ideal spokesperson

for this issue. >> maybe meg whitman is not the ideal person for governor if she was on notice she had an undocumented worker and continued to employ her. >> you keep saying that. that's your idea! that's your idea! that's your idea. you can't keep making this stuff up! you can't make it up. you have the document where your client lied and said she had a social security number. you can't make this stuff up because that's what you want it to be. >> we have governor whitman who lost a point or two, meg whitman who wants to be governor of california is trailing by five points, spent a lot of money. jerry browne down the stretch. we'll have more. but this is a very interesting issue because everyone seems to be missing the bigger question. is that are you responsible? how responsible are you if someone seems to have a valid social security number and a valid driver's license and comes to you from an agency that's respected. now all of a sudden, you're being called on the carpet and

your reputation is soiled because that person ends up lying. >> one of the things, gloria allred has supported democratic causes for a very, very long time. >> and governor browne as well. >> it does look like it's happening in the 11th hour, it's just a dirty trick, it seems like it. maybe it is. what's going to happen to that woman? she's a pawn in the whole thing. being used by browne and company and gloria allred. >> she had a second press conference saying she's not being used. gloria allred both all in red said brought her out. she's in this country illegally. what's going to ham? she is one of the most famous illegals in the country right now. bill o'reilly asked janet napolitano who heads up the department of homeland security about what happens to that woman last night. >> i don't know the answer to that question. >> shouldn't you know it, mrs. madam secretary? you're in charge. this is a huge case. shouldn't you know the answer to that question?

>> i'll know it at some point. i don't know it right now. obviously this is a matter of california voters. >> this is a federal matter. no. no. the election between browne and whitman and california, but this is a federal matter. and this is why it's important because this is the highest profile illegal alien situation that we have had here in this country for years. everybody is locked in on this woman. i'm not telling you what to do. that is insulting and i wouldn't do that. however, the folks want to know what the federal government is going to do about this because it sends a message to all the other people using bogus social security cards that are hurting the country, madam secretary. >> indeed. and what i'm saying is we don't have a decision made right now that i can tell you. >> millions of people are watching all over the world now. can you ensure them that the federal government will do something about this nikki situation? >> i'll assure them that we'll look at this very seriously.

>> that's the problem right now in our society is we don't have a definitive answer about what to do. you have the top representative in the federal government not able to give an answer about what's gonna happen. keep in mind, when nikki diaz signed her name to that social security number, that was a federal violation and yet, not many people are talking about that side of it. and apparently, it's hurting meg whitman in the polls. she was neck and neck with jerry browne. she has outspent him 14-1 in the state of california and she's now down five points and yet to me, it seems the illegality here is the other way around. nikki diaz is the one who is here illegally. >> that's the same attitude, the homeland security secretary had when the immigration laws came out from arizona. it's not -- we're not going to address the problem. we're going to sue the state. >> sure. >> that's the same thing. this is all politics. woman was here illegally and maybe this is symptom of a bigger problem and maybe she could be the symbol of that

bigger problem but it doesn't look like there's going to be much done. at 9 minutes after the hour, big interview coming up. >> coming up straight ahead. barney frank is facing a big race. he's not blaming polls but is he blaming conservatives? >> these are your average american girls. they are part of the marine first all female response team. they'll join us live from camp leatherneck in afghanistan. what's their mission there? i know the best card you're holding.

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>> welcome back. democratic congressman barney frank is considered the clear frontrunner in the race to retain his seat in congress up there in massachusetts. but his opponent is gaining some steam. and congressman frank has a theory why. check out this campaign fundraising e-mail that he sent out. he says "my opponent, a virtual unknown in massachusetts has suddenly been heavily promoted by a national coalition of right wing forces. they are now mounting a coordinated attack against me in order to put fear into the heart of anyone who dares stand up to them." but is there any truth to that?

let's talk to congressman barney frank who joins us from boston, massachusetts. good morning to you, sir. >> good morning. >> so who is out to get you? >> well, talk show host rush limbaugh just ran a viciously prejudicial attack on me focusing on me being gay. my opponent, quoted him. he said it earlier this year that he couldn't win unless he got a lot of support from out of state because i've done, i think, a fairly good job in the eyes of my constituents and he just boasted that he's raised $400,000 in the month of september virtually all from out of state. i get some money from out of state. i get a lot of money in state, too. "the wall street journal" says nationally very conservative group, tea party and others have done this. as to my standing up to him, i had one of those public meetings last year when people -- it was an odd coalition of the people and people from the tea party and some others who did what i

think was unfortunate which is heckling and intimidation, comparing the president to hitler. and i think some were taken aback by that and almost submissive. i said i thought that was despicable. i had a meeting. i was there for a couple of hours. i answered civil questions civilly but i spoke about. but yes, sean hannity has had my republican opponent on the show several times. that's not normal for a first time congressional candidate. i understand that. i also took the lead in putting together a financial reform bill that a number of people disliked, consumer protection agency, for example. >> congressman, isn't making, you know, having targets something that people do in politics? i know your party and the president of the united states made john boehner a target just a couple of weeks ago. >> yes, i -- i didn't say i was unconstitutional or illegal. i'm pointing out the fact. pointing out a fact doesn't mean it's illegal. that's a fundraising e-mail. >> has it helped you raise more

money? >> i hope it will. the money is still coming in. what i said to people is look, my republican opponent has said he's raised $400,000 in one month from very conservative people elsewhere, helped by sean hannity, helped by rush limbaugh and i'm asking for you to respond to that. i'm not in any way saying he had no right to do it. i'm simply laying out the facts. >> you name some high profile conservatives. some people in his ad, general folks from massachusetts. stand by. i want you to watch the ad that's running up there in the boston area right now. >> unfortunately, i can't see it. >> if your friend's bank, come on. >> this whole bank thing sounds bad. >> you can bail out regular people or bail out the banks. barney chose the banks. >> the banks got a really sweet deal. it was just wrong. it's just barney taking care of his friends again. >> you can't hand mortgages out like candy. >> barney was the man for freddie and fannie. this new guy, is a reasonable

guy. >> i'm voting for shawn. >> i'm sean beilat and i approved this message. >> i've got some friends who live in your district and a lot of them are -- a number of them are disappointeded about all the bailouts that you supported. >> let me say two things. first of all, i didn't say no one in my district were there, 675,000 people live in a congressional district. there's going to be tens of thousands of people. i was quoting him, all of his money is coming from out of state. as to the bailouts, first of all, he forgets to mention every single thing that was called a bailout was initiated by george bush and some of them have worked out fairly well. what happened is in 2008, the top bush elected economic appointees and with the president's explicit backing and vice president cheney's backing came to us and said we're about to have the worst economic collapse since the great depression. you have to respond. we responded. we changed it some.

for example, we insisted on putting in restrictions on compensation for the executives and while the bush administration didn't use them, president obama came in under ken fineberg and they were used. as to homes for people who are low income, i have been, in fact, the leading critic of that. beginning in 2004, i'm sorry, sir, you asked me to understand. >> absolutely. >> i'm trying to do that. in 2004, several democrats on the committee, but we were in the minority. we were in the minority until 2007. when i became a chairman in 2007, that's when the bill for fannie and freddie to pass. don't i get to answer the question? >> you've been answering that. i want you to focus on something. you were talking about bush on the bailout but in 2003, we're going to play a little clip. >> i'm sorry -- >> stand by for a second, congressman with all due respect. you're talking about there's no crisis with fannie and freddie. listen to this. >> i want to begin by saying

that i am glad to introduce the legislation but i do not think we are facing any kind of a crisis. that is in my view the two government sponsored enterprises we're talking about here, fannie mae and freddie mac are not in a crisis. >> so that was 2003 when congress could have done something about it. and in fact, you said -- >> can i respond? >> fannie and freddie shouldn't get a bailout. >> can i respond? i was wrong in 2003. i was in the minority back then, by the way. the congress was being ron by tom delay and others. if the republicans wanted to pass a bill, they could have. i changed my position the very next year and said george bush was pushing too many low income loans through fannie and freddie. in 2005, when republicans moved the bill, i voted for it in committee. i had problems later on the floor. reason no bill passed on fannie and freddie during that period is the republican control couldn't do it. i became the chairman in 2007. in the first year that i became chairman, i worked with the bush

administration and, in fact, the bill to restrain fannie and freddie passed so i take no responsibility. i was wrong. i didn't see the crisis as a lot of other people didn't but i was in the minority and had no influence on the legislation. when i became the chairman in 2007, that's the year in which we did two things. we passed legislation that i've been pushing for to quit predatory loans. i was attacked by conservatives interfering with the market and we pass the bill to restrain fannie and freddie. >> very good. barney frank joining us today from boston. thank you very much for joining us live. >> you're welcome. >> good to hear his side of the story. what do you think? e-mail us right now at friends at foxnews.com. they're making history as the marines all female response team. we'll talk to these women live from camp leatherneck in afghanistan. so stick around for that. and he's never given up on his dream to fly. the 106-year-old guy testing out a homemade flying machine. cool!

>> when things get tough, some people believe that you need to send in some girl power. that's exactly what the united states marine corps is doing now in afghanistan. in order to win the hearts and minds of the local women there. they have sent the first all female engagement team and those brave women join me now live from camp leatherneck in the helman province in afghanistan. we have sergeant melissa hernandez, lance corporal rosemary and sergeant dana drew. good afternoon to all of you there. >> good afternoon. >> we want to mention to our viewers that sergeant hernandez and sergeant drew are the two who have ear pieces so they can hear me so i'll be discussing what their mission is with those

two women. let me start with you, sergeant hernandez. this is the interesting thing that i read, that the afghani women have virtually been excluded from the peace process there for a variety of reasons but mainly the cultural reasons that women are not honored in afghanistan the way they might be in the united states. what is your mission to outreach to them? >> not that they're not honored. they're just -- they stay inside more. they don't come out as often. so our purpose here is to go out and try to engage their population, the female population, try to get them to understand what our mission here is. to try to reach out to them. >> and so i understand sergeant drew that you have gone into the communities and you've discussed things like how they can have economic development by producing jewelry and that sort of thing, right? >> yes.

>> tell me a little bit more about what you do and say to these women when you meet with them. >> sometimes we go into these compounds and they complain that they're not feeling well and -- or their drinking water isn't good. we ask them if they're boiling their water or simple things like that to help them out a little bit and those things are not educated so so the few things that we can teach them, it will go a long way. >> so the amazing thing is, sergeant hernandez is even though you're going in in a peaceful situation, you still have come under fire in these situations, right? it's still a dangerous job for you. >> some of the teams have and we knew that going in. for the most part, it's been quiet. we're here, like you said, to reach their hearts and minds.

that's the main mission and that's what we're out here to do. >> amazing thing to me is america's perception for afghan women is they don't have a voice. are you finding out that they are the quiet influenceers in the community there? >> in some places, yes. they have an influence on their families given the -- they don't come out of the house but they still run the household inside. so they have an influence. >> i know this was general mcchrystal's idea, was it not? to have the american women as part of the marines go in and try and forge these relationships. >> i'm not sure exactly where it came from, from the top down.

the program started last july, i do believe. >> and i know that you are all volunteers. you are on a seven month mission. what a fantastic idea and we're so glad to be able to feature it today on "fox & friends." to all of you, stay safe and thank you so much for your service. >> thank you. >> wow. coming up next, a big blow to president obama's plan. trying gitmo detainees in civilian courts. how is that working out? then the man thrown behind bars for refusing to say the pledge of allegiance. is this fair? we'll report and you can decide. and she's a superstar mom from the hit comedy "modern family" she'll join us live. ♪

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>> hi, we're back 29 minutes before the top of the hour. lots going on today. have to find out if i'm going to win the latest bet between us. >> that will be coming up at 7:50 eastern time. >> let me tell you what's happening in the news. federal prosecutors may have to rethink their trial strategy against a terrorism suspect. a federal judge barring the government's star witness against the gitmo detainee. setback adds to the fierce debate over whether the obama administration can successfully prosecute terrorism detainees in federal court. >> new trouble for the proposed mosque at ground zero. new york city building department is telling fox news now there are multiple code violations inside two of the buildings scheduled to become part of that mosque.

developers could face fines of up to $10,000 if they aren't fixed soon. >> pakistan says it has not decided when it will reopen a keyboarder crossing into afghanistan despite an apology from the united states. pakistan closed the pass after a nato air strike accidentally killed two pakistani soldiers. since it's closing, there have been multiple attacks on nato convoys there trying to get supplies through a different border crossing. >> a mississippi attorney winds up behind bars for refusing to say the pledge of allegiance during a court appearance. witnesses say danny lampley stood but did not say the words. act of defiance didn't sit well with the judge that had warned lampley about not citing the pledge during prior court appearances. lampley was arrested for contempt of court and released after five hours behind bars. >> all right. meanwhile, let's take a look at what's cooking in the weather and as you can see right there, we've got more rain through portions of the northeast. it's mainly in new england right now.

right now in new york city, it's dry for a change. we love that. dry through mid atlantic and florida and the central plains and the northern plains dry. it's chilly, though, in the northern plains. some spots in the 30's in south dakota and northeastern portions of the great state of nebraska. meanwhile, temperatures in the 50's in the ohio valley and through tennessee and down through porpgss of georgia as well. later on today, it's going to warm up and be 81 in atlanta, georgia. 86 in memphis and much of tennessee with temperatures in the 80's. approaching 90's through portions of texas. 70's in the northern plains and 72 here in new york city. i do believe the high temperature in philadelphia today, brian kilmeade will be 71 degrees. >> and very serious about the world series. baseball's playoffs get off to a historic start in philadelphia. roy holiday had to be nervous. his first post-season start ever. he pitched the second no-hitter in the history of post season. >> one strike away. the 0-2, a bouncer.

ruiz, in time! roy halladay has thrown a no-hitter! >> halladay allows one base runner against the reds in a 4-0 victory to take game one of the national league series and he joins only the yankees don larsen as the only pitcher to throw a no-hitter in post season. the yankees were in minnesota for game one of the division series. they're playing outdoors. game was tied for the seventh inning until this two-run homer down the line off the bat. he puts the yanks up for good. ninth inning now, one on for jim thome against mariano rivera. gets him to pop up to end the game. yankees win by a final score of 6-4. game two will be tonight in minnesota. andy petitte has been pitching

to see if he can reclaim some of that past post-season glory and the other game, you have the rangers beating the rays in tampa to win game one of that series. game two will be this afternoon. kind of an odd story coming your way now. steroids ok for pro athletes? that's what sportcasting legend brent m bre brentmusberger. he told students that performance enhancing drugs could be used in the pros under proper doctor's care. shee here's the truth about steroids. they work. i've heard some people say that steroids should be banned because they're not healthy for you, let's find out. ok. researchers say steroids can cause liver cancer, heart attacks and higher cholesterol and mood swings that oftentimes result in suicide. but who knows? steve, gretch? >> all right, thank you, brian, for that pick me up. the woman screen left right there is claire on the emmy winning television comedy "modern family."

actress julie bowan finds a level headed mom trying to raise three kids and a bumbling sweet husband. an earthquake left claire trapped in the bathroom with the plumber last night. >> got it! oh! we got it. >> thank god! >> go. >> thank god. thank god. thank god. phil? phil? where are you? phil? >> are you kidding me? not this -- phil? phil? what happened to you? you disappeared for 20 minutes. we had to break ourselves out of that bathroom. >> i am so happy to see you get in here. >> no. seriously, what happened? >> i'm stuck in the bathroom with the plumber. >> "modern family" star julie bowan joins us this morning. wow, i don't know if i can think of a worst thing to happen that being stuck in the bathroom and with the plumber. >> i'll tell you what was worst, falling down the stairs and i

actually did that fall. i was so excited to see it actually made it on film. >> did you have a special something you sat on? >> no, they begged me not to do those falls but it's one of the few things i can do well. no, i hurt myself a little, you know, it was fun. >> this is one of the shows, before we saw it, we heard it was going to be a hit. in syndication and watched for 25 years. >> wow. >> we have great sources in hollywood. what do you think? could you tell the same thing when you were -- when you got it, when you rehearsed it. >> when i read the pilot i thought it was pretty fantastic. sometimes you do pilots like that and they go away. >> they're all fantastic in hollywood. sometimes they're more fantastic than others and i was super pregnant with twins at the time. i was happy to have a job but we did feel that it was special. we felt it was really special because sometimes you read it on the page and go that's good. when you do it, that's not as good. this was getting better and better the more we did it. >> you mentioned the twins. you have three children in real life at home. how much the gal we see on tv is

the gal who is sitting on the couch? >> i don't get a blowout every morning at home. hair and make-up. claire somehow finds time. she's much more pulled together than i am. there are the twins. that's johnny and gus. and then there's one more, oliver. but there's definitely that element of needing to schedule everything, feeling the need if i'm not in control of everybody all the time that the ship will quite literally sink. >> i hear ya. i mean, that's the role of the working mom, right? >> i know. i know. i micromanage. now that they have wi-fi on planes, my husband is miserable. i'll be on my computer saying what are they eating? what are they doing? >> husbands hate text messaging, don't they? >> especially when you're 30,000 feet in the air. >> having a cocktail. it's about time to walk the dog! >> what's on down on there? >> was motherhood on the agenda for julie bowen in real life? >> yeah, i always wanted to be a mom. i thought one or two.

twins were a bit of a surprise. but, you know, there they are. shouldn't have been that much of a surprise, both of my grandmothers gave birth to twins. >> are you surprised how easy it is to be a mom? >> i'm sorry, i could take the red eye in. >> i'm just saying. that's the perception as a man. >> oftentimes you have to ignore his questions like that. >> it's so simple. it's nothing. i'm incredibly lucky, though. i'm married and i have a great husband. we do have people helping us, you know, i'm really lucky. >> because you're so busy, you have to make sure you get a flu shot. i got a flu shot a week ago on the show. >> did it hurt? >> nope, the lady from walgreens did it on the show. it was fine. >> it was no big deal. i had all the kids with the flu shots. i also did that but the most important thing is to get a flu shot. >> you're part of the campaign. faces of influenza.org. >> faces of the flu. that's going to be cheery. >> i know. a lot of people -- last year, there was a lot of disinformation, a lot of fear

mongering about the flu and about h1n1 and this year, they want to get it out there. it's -- it is a very serious disease. it does kill people. but it's also really simple thing to avoid. and getting a flu shot is very simple. it's safe, it's fast. it's cheap. there's no reason not to get it. >> my kids say they don't hurt. that's the biggest selling point. >> everybody in my family did it, we only had one set of tears. it was my husband. >> he cried? >> there you go. >> he got misty. he had some -- he had some mist in this area. >> i did not get misty! stop spreading those lies! >> scrambled eggs going you! you! >> if something was happened and you did get a flu, would they get a stand-in for the episode? >> no, no, actually i used to get the flu when i was working on "ed" in new york in the cold all the time and they would give me some kind of drug that i'm sure is not legal. i'm sure it's banned in baseball. >> same thing. >> brent musberger is for it.

gets a lot of football players on the field. >> good to see you. continued success. "modern family" wednesdays on abc. thank you, ma'am. >> how bad is our country's financial situation? check out this ad. >> handing out 10,000 social security checks to people who are already dead. 2.5 million. managing the owner, $1.7 million. studying the genetic code of grapes $2.1 million. >> everything in that ad is real. john stossel is here and says there is hope. >> then how much do you think -- well, brian, why don't you read this one? this is our bet. >> how much do you think gretchen's crown could be worth. she was miss america. appraiseers from the auctioneers are here live. i have an item that i think is more valuable. >> dinner and a bottle of wine. >> of a priceless item i feel as well. the pfizer trivia question of the day -- [ male announcer ] you are a business pro.

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♪ ♪ ♪ [ male announcer ] every y thousands of pple are switching from tylenol to advil. to learn more go to takeadvil.com. the first 500,000 people get a free bottle of advil. take action. take advil. >> of course, time for news by the numbers.

first, 455,000, that's the number of new jobless claims expected when the weekly report is released in less than an hour. oh, man. however, that is about 2,000 more than last week. and that's not going the right direction. meanwhile, $2.9 million. that's how much the country music association is donating to nashville area flood relief and music education programs. and finally, 106. that's how old harry banderford is and he just finished taking a ride in this experimental aircraft called a motorized parachute. happy birthday, harry. brian, over to you. >> meanwhile, government spending is soaring through the roof. how did we get here? take a look. >> $13 trillion,678 million dollars and counting, that's how much more our government has spent and promise to spend than taxes to cover it. what do we do?

some people say simple. raise taxes. >> taxes! >> they especially want to raise taxes on the rich. even if government does that, it won't eliminate that. it won't even make much of a dent in it. >> the problem is the spending. every year, it goes up. when president bush took office, government spent $1.8 trillion. wasn't that enough? no. the president wanted to do things like give seniors a prescription drug entitlement. >> you're giving them the modern medicine they deserve. >> now, the current administration has nearly doubled the spending. >> there you go. there you go. >> we are done. >> the obama administration alone has added more than a trillion dollars to the debt just this year. >> wow. so will the problem get worse or is there hope that things would indeed get better? john stossel knows. john, great report.

where are we at? can we be helped? >> we can certainly be helped. but it's hard to be optimistic. i feel like charlie brown and lucy is always saying this time, i'll really hold the football. the new group coming in says, oh, yeah, we'll be fist ccally responsible. the democrats have always said that and always increased spending. this time the tea party feels different. people talk about cutting spending. when you ask even tea party members, would you cut entitlements, would you cut the military? 62% say no. and there's no way to slow that horrible graph without cutting entitlements and probably the military, too. >> it's really interesting. if you say hey, put the retirement age up to 70. if you say hey, let's cut the center for disease control and do this, this and this. people don't necessarily jump on the bandwagon. we're seeing that on the u.k. now, too. they're starting to cut programs and once they cut, they say

don't take it from me. >> don't take my program and entitlements is medicare and social security and that sounds like just squeezing the elderly. but a lot of the elderly are wealthy and people are living longer than ever. there's no way we can keep the promises we've made in 30 or 40 years, it will eat all -- all the money in the government. >> right. and i think it's going to be interesting, too. they had riots in france and spain because they'll raise the retirement age to 62 and they have to work a whole week. >> i'm going to watch stossel. what time? >> 9:00 tonight. fox business network. >> there's the guy. that's the show. thanks a lot, john. meanwhile, we're asking stars of the show auctioneers what are our prized possessions worth? like i have glasses from the legendary conductor. and also, and i think it's worth more than gretchen's crown. also on this day in 2003, beyonce, my ex-girlfriend had this song "baby boy."

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>> answer to the question of the day, oliver north. the winner, brian from washington. congratulations. >> there you go. you probably have some forgotten items in your attic that can be worth thousands of dollars if sold at auction. how do you figure out what that trash is worth and, perhaps, it's even treasure. luckily, there's a new tv show dedicated to just that. >> what we do is we start at a minimum value and then we let the consumer decide what that product is worth. >> $47.50. >> that's facilitated by what we call an auctioneer and he does what we call a chant. deb is the founder of auction systems auctioneers and appraiseers and the star othe brand new tv show called

"auctioneers." good morning to you, deb. >> good morning. this is a fascinating show because everyone can participate, right? >> that's right. everybody has about $3100 of items in their house they're not even using. not even count the collectibles they might want to sell. >> where's the standard? how do you know what it's worth? isn't it all perceived value? if i want something bad, that's going to affect the price. >> it's worth exactly what someone is willing to pay for it. >> ok. >> so we brought in some items from our own homes, and brian and i have a bit of a bet going here as to which one is going to garner more money if we actually sold them. brian, explain yours. >> my mother's grandfather did his glasses and he's a famous conductor, the studio where "saturday night live" is today. they made glasses to pinch around his nose. he didn't want to wear it around his ears and his son after he passed away in the 1950's mailed them to my grandfather so tuscany is this famous italian conductor and was able to have his original glasses and that's the article they sent along with it to prove it. how much can i collect if we

decide to sell this precious family heirloom? >> well, of course, it's only worth what someone is willing to pay for it. >> make an offer. >> $2,000. >> sold. >> what's it worth? >> i would say roughly the glasses are worth about $2500 each. $5,000 all together. >> wow. ok, brian, i don't know. >> $2500. >> this is the official miss america crown i won way back when in a different century and it actually has part of my d.n.a., the original bobby pins and some of my hair that's attached to it. still, it comes in the box. it's very beaten up as well as little metal that goes along with it. >> there's been 85 crowns made and none of them have been sold. one was accidentally lost. they cost about $400 to make today. so i would say if you were to sell it at a charity auction in order to be connected to your name, probably bring about $20,000. >> $20,000?

>> wow. >> brian, reservation is across the street and bottle of wine. >> he was a great conductor. >> i'm from abilene, kansas, home -- boyhood home of dwight david eisenhower, our 34th president. i have got a plate from the inauguration, at the white house. this is the particular plate. it's been in my family for a couple hundred years. oh! >> oh, my gosh. >> oh, no! >> nice. >> how much was that worth? >> not much anymore apparently. >> i'm kidding. that's just -- >> wouldn't buy it. would you? >> no. >> well, we know that -- >> you totally scared. i've never seen you like that. >> brian was like this. >> i got to console him. >> we're all going to check out your show on tlc. you've been a good sport with us

today. deb, thanks so much for being here. >> thank you for having me. >> see you saturday at 10:00, correct? >> right. >> meanwhile, straight ahead, nancy pelosi says double unemployment benefits and food stamps gives our economy more bang for the buck? huh? michelle malkin weighs in on that. >> no paper, no problem. a teacher writes a note to a student's mom on the kid's arm. think that's bad? wait until you hear what happens next. hey, did you ever finish last month's invoices? sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation

at the sushi plce around the corner. well, in that case, i better get bk to these invoices... whh i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business. sometimes i would get rewards, sometimes i wouldn't. this one card i had -- there were all these rules. rules and restrictions. oh, and limits. [ scoffs ] forget abo it. but i love this card. bankamericard cash rewar creditard. 1% cash back on everything i buy. period. limit to the amount of cash back i can get. no hoops to jump through. simple. [ male announcer ] the refreshingly simple bankericard cash rewards credit card. apply online or at a bank of america near you.

>> gretchen: good morning,

everyone. hope you're having a great thursday so far. october 7, 2010. thank you for sharing your time with us. congressman barney franks admits he got to wrong. >> that they were bayout. >> brian: yes, i was wrong -- >> yes, i was wrong in 2003. >> gretchen: why is he still blaming republicans? >> steve: nancy pelosi says the best deal around is unemployment payments and food stamps. so is this really the best way for americans to get more bang for a buck? that seems crazy. right? >> brian: it seems different. no paper, no problem. a teacher writes a note to a student's mom on the kid's arm. think that's bad? wait until you hear what happened next. "fox & friends" starts right now. >> steve: yipee. ♪ . >> steve: take a look, that's an

anniversary cake. it says congratulations, "fox & friends." 14 years and counting. it was 14 years ago today that in the former sam goody record store at the corner of 48th and 6th avenue, the fox news channel first broadcast our first show. >> brian: i remember at first we were first selling records. now it's unbelievable. >> steve: now we've broken records. >> brian: when it first launched, i didn't go to 97. what was it like the first day? do you remember? >> steve: you could smell the paint because they were still painting and plugging stuff together when it got started. they put the channel together so fast and now fast forward 14 years, and you see that research survey that came out a couple of days ago where most of america is getting their political news from cable news and 42% of america is getting their political news from the fox news channel. so thanks to all of you, we are at the top of the heap today. >> gretchen: thanks to all of you that i joined the team four

years ago. let's do some of your headlines. president obama hitting the campaign trail again today. he's heading to a rally in maryland before heading to chicago to raise money for the man running for his old senate seat. julie kirtz joins us from the white house. >> last night in new jersey, the president told a small group of democratic supporters to stop sulking, get throughout and do something because he said the midterm elections are just too important. today as you mentioned, he's back on the campaign trail hit to go democratic states, first maryland. he'll be helping the governor o'malley there and then he heads to illinois. the president campaigns with gentleman fuelious, lagging behind mark kirk. it's the race for obama's former senate seat. he gets help from the first lady who heads there on monday.

with democrats starting to edge up somewhat on the poll, there is still the enthusiasm gap. the president is out there trying to close the gap. we have the republicans and tea party activists getting ready and fighting for the midterms. the president trying to close the enthusiasm gap. that's why he's telling supporters to stop sulking. >> gretchen: thanks very much for that update. other headlines, the midterm elections are less than a month away and in somewhat of a surprise, democratic congressman barney frank is fighting to keep his seat after nearly 30 years in office. his opponent is calling out frank for supporting bailouts. earlier on "fox & friends," frank defended himself. >> we were about to have the worst economic collapse since the great depression. you have to respond. we responded. we changed it some. for example, we insisted on putting restrictions on compensation for the executives. while the bush administration didn't use them, president obama came in under feinberg, they were used. as to homes for people who are

of low income, i have been the leading critic of that. >> gretchen: he also admitted he didn't see the financial crisis coming. >> steve: go ahead. >> here is the response, yes, i was wrong in 2003. >> gretchen: he acknowledged some constituents are unhappy and said he can't please everyone in his district. now a fox news alert because a texas college student has been shot and killed during a bus hijacking in mexico. jonathan william torres was going to visit family when members of a suspected mexican drug cartel boarded his bus and opened fire. the georgia native was working towards a degree in medicine at the university of texas at brownsville. today marks ten years since the united states entered the war in afghanistan. earlier this morning, nato said a taliban leader was killed in an air strike along with seven other insurgents. the leader is accused of kidnapping afghan security officers, holding them hostage and then killing them.

a massive clean-up underway in arizona after two twisters tore through that area. one tornado packed winds of 110 miles per hour and caused all this damage you're seeing here in the town of belmont. trucks were tossed off highway, mobile homes ripped in half. those are your headlines. it's time to bring in michelle malkin. good morning to you. >> good morning. >> steve: did you hear nancy pelosi, she's been saying a lot of interesting stuff these days. i want to draw your attention to this quote. she said, quote, regarding food stamps, it is the biggest bang for the buck when you do food stamps and unemployment insurance. the biggest bang for the buck. she's talking about the food stamps and the unemployment stuff is really stimulating our economy. that sounds great, doesn't it? >> yeah, sure! a massive welfare state is the

best and most successful stimulus we need? i'd like to know which economist she's talking to. of course, she's promoting some strange multiplier effect study to argue this, but if this is the case, why not put every last american on unemployment insurance and food stamps? the only thing that these programs stimulate, of course, is a bigger government. and. >> steve: she likes that. >> yeah, she sure does. for this jet set entrenched incumbent land baron to be cheerleading for this shows you how desperate the democrats are. >> brian: the polls were saying democrats are making a comeback, but not so much this week. a wildly respected political expert professor says three more congressional seats are now leaning republican from leaning democrat and dick morris says he can win as many as 100 seats. what do you take from what's happening in west virginia?

he got elected with 70% of the vote in west virginia. approval rating is 60% as governor. when he goes to run against racy, this guy, who is pretty much unknown except for being wealthy and suck social securitiful businessman, is beating him by six points because some have speculated, the governor's relationship with president obama. >> yeah. i think it's a rather clear referendum on obama and many reporters have talked to voters on the ground in west virginia and they are very transparent about their concerns of another rubber stamp for obama in the senate. they don't want that. they want to split their ticket, put racy in to the senate and keep mantion in the governor's mansion in west virginia because they are fairly happy with his record. it's interesting to see the tenor and the tone and the substance of mantion's campaign, emphasizing he's against the radical environmentalism of

obama, against the job killing machine that is hurting people in west virginia, and the rest of the state. and emphasizing his conservative credentials socially in opposing abortion and then, of course, being one of the first and most vocal democrats to support at least a partial repeal of obamacare. referendum of obama? i think so. >> gretchen: the interesting thing is, when you look at the polls, here is what you see, that the people in west virginia, 66% of them like joe mantion. but then when you look at his race against racy, he's behind, 43%, raecy has 48%, and he's also going on the record as saying, i've never been invited to the white house, i've had no meetings with president obama. so do you think that west virginia of all states, will set the tone of what's going to happen across the rest of the country? >> sure. right now they are the case study, the "new york times" is

even acknowledging that this may be a referendum of obama. i think this is more of a reflection. i mean, this is not a leading indicator. this is a lagging indicator. but, we've seen this with the rest of the country already. >> steve: sure. of course, joe manchin said he was for the president's health care plan, but now he says he would repeal part of this. you're writing in your column, the president promised that you would love the new health care thing, but now there are these health care waivers that essentially are going to decide who gets stuff and who doesn't. right? >> yes, that's right. you'll recall that last week, there was a huge tizzy when the "wall street journal" leaked an internal letter between mcdonald's and the department of health and human services. they were pleading for a waiver, basically signaling that if they didn't get one of these waivers and relief from the obamacare mandates, that they would have to cancel mini med insurance for

some 30,000 employees. then kathleen sebelius, for her constant inquisition against health care companies that tell the truth about this federal takeover, said no, no, no. that's completely false. of course, what we now know is that this waiver was in the works. and it raises a very troubling question about the process, about the lack of transparency over who gets a waiver and not. it's a recipe for what exactly i've been talking about the last two years, the culture of corruption because will only politically connected corporations and unions get these waivers? >> gretchen: that's so important. there is dozens of others who have applied for these waivers now, michelle. so this is like a million people. why? because there was a threat that big companies were going to cut off or simply not offer these types of health insurance that are involved in obamacare. so what does that say to you about special privilege? if you're just a guy on the street and you don't work for a

big corporation, you're going to still have to pay for it. >> yes, exactly. so we have to remember the old promise from obama's lips, everyone will get to keep their insurance. now we know what the new reality is, which is everyone gets to keep their insurance, if they beg hard enough and they've put enough money into the democrat coffers. >> brian: it's waiting until 2014 when it's all in place. some states are saying they need help and speech waivers. taking going to get bigger and bigger. thanks so much. >> thanks. >> steve: from colorado where she's at to florida. carly crist gave the republican party the cold shoulder once. now he's turning on the tea party? >> you haven't been drinking the kool-aid. you've been drinking too much tea. >> steve: meek was part of that debate last night. he is going to join us live next. >> gretchen: the list is up for langing the world's most powerful women.

oprah winfrey knocked down. who is the top independent woman this year?

>> gretchen: welcome back. we've been telling you about the banks who admitted unfairly foreclosing on people's homes. now more than 30 members of congress are sending a letter to

attorney general eric holder. here is part of what that letter says. it appears banks repeatedly misled and obstructed homeowners from receiving the help congress and the administration have sought to provide. well, attorney general holder responded during the press conference yesterday. >> we are aware of the charges that have surfaced in the newspapers in the last couple of days and we are looking at them. >> gretchen: how will this impending investigation affect homeowners, millions of them? we're joined by bob massi, back in vegas. good morning to you. >> good morning. >> gretchen: so how will this affect the homeowner, bob? >> i mean, this is just great news 'cause if you remember last week when i was in new york, we talked about that this is really the tip of the iceberg. what this ultimately is going to do is bring to the attention the inadequacies and truly the corruption of what's going on with these lenders from when it happened years ago up through and including taking people's homes. what i want our viewers to understand, gretchen, it's not

as if it's a walk away for the homeowner that they're going to get their house now back for nothing and they're not going to be able to have some consequences. but what it's going to do is slow the process down and it may allow the homeowner to get somewhat of a mercy shot, if you will, of maybe a loan modification that they wouldn't have done before, maybe some issue he was short sales we've talked about. it's going to make it more difficult and the courts may end up looking at the homeowner's position a little better. >> gretchen: the department of justice could uncover some criminal activity, you believe? >> yeah, look, if we get to the point where these affidavits we talked about, we now have gmac, jpmorgan and bank of america, the big players here, which means that when they start looking at other lenders, you'll have the same thing. what it could do is these affidavits that are signed by these people that say that they have your note and mortgage in their possession, if they find out they were lying, that's perjury. but i think even more so what the justice department will do,

and i surely commend them for looking into this -- is to determine was this some type of premeditated thing by the lenders? did they know that this was going on and just looked the other way even though they knew they still a-- remember, there have been millions of homes, gretchen, that have been taken in the last year, year and a half by this exact procedure right now that we know is not -- has not been done correctly procedurally. >> gretchen: i'm not sure what happens to those homeowners. the question i have this morning is what took so long? >> well, it's the same old story because they kept looking the other way. here we are giving billions and billions of dollars to the lenders thinking that they're greater than thou, that people signed the promissory notes, therefore if they don't make the payment, they can take the home. what about those that give the homeowners certain rights? because of the fact that those who have the gold make the gold

rules. the lenders controlled this thing from the beginning. they have treated homeowners like criminals because they defaulted on loan, because they lost their jobs. and now finally, thank god, the lenders will be held accountable for some of these outrageous actions. again i don't want our homeowners to feel they're going to walk away and get a house for nothing, but at least somebody is looking at these lenders once and for all. and that's good for the homeowner. >> gretchen: so if you are a homeowner in the situation right now, what should you do? >> well, that's really a very, very good question. first of all, honestly, you really need to have a lawyer take a look at the kind of loan that you have and what procedures are in effect. if your house right now is in a foreclosure mode and remember, gretchen, this is not affecting every state. bank of america says 23 states because every state has different procedures. some is judicial foreclosure, some nonjudicial foreclosure. meaning it has to go through the

courts. have a lawyer look at the paperwork. the sad part is there is a lot of lawyers in our country, and very qualified men and women, but they don't really know the ins and outs of this. find specialists that really know this type of thing. look at the papers and see if you have any rights on those papers. >> gretchen: you are one of those lawyers. bob massi, always great to talk to you. >> thanks. it was great to see you last week. thank you so much. >> gretchen: all right. take care. a heated three way debate for florida senate last night. democrat kendrick meek here next to react from that situation. then whatever happened to paper and pen? a teacher writes a note to a student's mom on the kid's arm? you think that's bad, wait until you hear what happened next.

>> brian: toxic sludge that leaked from a plant in hungary, reaching the danube river where it could spread to other cities. it can burn through clothing killed four people. mexican authorities are being threatened by drug cartels and they have to put off their search for the body of american man, david hartley. he's the man allegedly gunned down by pirates on the texas border lake while jet skiing. steve? >> steve: thanks. the three way debate for florida's senate seat got a little heated last night when the topic turned to the economy. >> we still haven't heard an idea about how to save the system. >> how about expanding the middle class work force? creating jobs is not a plan? allowing -- >> that's a goal. i think it's important we expand middle class jobs. i don't think it's a trivial

issue, marco. >> you don't have a plan to do it. >> i don't have a plan to do it? >> you think government creates jobs. you said stimulus would create jobs. >> steve: joining us from orlando to respond to the debate is democratic nominee for the u.s. senate in florida, kendrick meek. thank you for joining us. so what is your plan? how would you create jobs for the thousands of floridians out of work? >> making sure that we get that bill out of the senate that will provide tax cuts for small businesses, to make sure we expand the middle class work force by putting in high speed rail here that will a public partnership that will create jobs and allow businesses that are here to expand. marco rubio represents a voice of the tea party. he represents the voice of the ideological right in this country and i think it's very important that middle class

families have a voice in this process in the next united states senator that will bring not only resources back, but insenttive private sector investment. >> steve: you just mentioned you would like to see small business tax cuts, but there are a lot of small business owners who create jobs and if you had your way, their income taxes would go up because you think that the president should keep bush's middle class tax cut, but for the most successful people making 250 and more, you say go ahead, let's get rid of that because they can afford to pay it. but those are the people who create the jobs and this is no time during a recession, sir, your critics would say, to have an experiment like this. >> sounds like you got pretty passionate. you sound like marco rubio for a minute. let me share this with you. the bottom line is this, is that it's going to cost $700 billion to give tax cuts to the super wealthy and special interest in

this country. only two to 3% of small businesses have been found to be in that category. i'm for looking at that 2 or 4% that's there. but for billionaires and millionaires who got a tax cut in the middle of the night from the bush administration, he didn't even campaign on it, to say we should continue with that policy and balance the debt and be responsible because the middle class has carried this recession on their back, they should not have to pay for billionaires and millionaires to continue to get a tax cut that is found to cost this country a lot of money. we're borrowing that money from china. we're borrowing that money from india. so to say that you're willing to balance the budget, you just can't stand up and say, hey, i want to make sure millionaires and billionaires can -- it's important we have a leaner and meaner government, but at the same time it's important we're responsible and be straight up with the american voter and also with the floridian who works

every day and paying taxes every day. >> steve: you just mentioned a moment ago marco rubio, you said i sounded like him. we actually have him. he was on the program on tuesday. here is what he says is a good way to create jobs. >> unlike my opponent, i realize politicians don't create jobs. jobs are created by everyday people from all walks of life who start a business or expand an existing business. the job of government is to make it easier for them to start businesses or expand existing businesses. not harder. >> steve: all right. congressman, i'll give you a chance to respond. >> let me tell you, no one is trying to say that the government is going to take care of everything. i'm running for the united states senate, left a very safe house seat to run for the senate because i am frustrated with what's going on there. nothing at all. with marco rubio is saying we should not incentivize small businesses by giving them a tax cut to create more jobs. that's the reason why people have gone on to my web site, seeing the ideas, last night

they saw the debate. it was the first time we were together in prime time and i think it's important that people know that i'm the only one that will stand up for the middle class and create jobs in the state of florida versus holding on to some sort of right wing ideology. >> steve: last night your opponents went after each other. here is charlie crist after rubio. >> marco, i think it's the wrong thing. wanting to punish teachers, wanting to punish women, wanting to punish seniors by raising the age of eligibility, you haven't been drinking the kool-aid. you've been drinking too much tea. >> steve: congressman, it sounds like he's not courting the republicans there, the tea party republicans. it sounds like he's going after your democrat voters, sir. >> you know, charlie crist, it's very unfortunate because he doesn't know what he stands for these days. he is standing on a wet paper box, every statement he makes because no one believes what he

says. he's talking about this whole issue of social security and privatization when he had plans to privatize social security. he talks about standing up for a woman's right to choose and he says well, i'm pro-life. i mean, are you running or are you walking? you can't jog in this u.s. senate race. we have 11.7% unemployment, we have people that need to have their rights protected. we have tax cuts that must go to the middle class. we have to protect social security against the privatization plans of marco rubio and charlie crist in this race. that's the reason why i'm going to be the next united states senator. i'm giving voice to veterans, to military families. i'm going to give voice to everyday people. that's the reason why people are rallying around my campaign with 25 days left in this election cycle. >> steve: all right. kendrick meek, running nor the senate in florida, thank you for joining us live. >> glad to be on. >> steve: you bet. all right. straight ahead, hey, the recession is over?

someone said? in two minute, we will learn exactly how many people have lost their jobs in the past week. then the computer system was designed to keep track of sex offenders. one problem, the computer crashed. now what happens? the list is out of the world's most powerful independent women and the winner just rocketed 40 spots to beat oprah. oh, man, who is it? find out straight ahead.

>> gretchen: welcome back. we have a fox news alert right now because it is time for the labor department to release the weekly jobless claims and here they are. 445,000 people filed for unemployment benefits for the first time last week. that's roughly 10,000 less than expected. and dropping by 10,000 from last week. this is the lowest they have been in three months. a bit of good news on the weekly jobless claim number today. >> steve: just a moment ago, brian said something that i hear

all the time, he said, to date -- these days, it's really a good time to be a woman. more on that. >> brian: i said that off the air. i'm just saying it's unbelievable, forbes put up the most powerful woman list and it's not surprising that oprah winfrey is on it, maybe the fact that she is number three. >> gretchen: why is it unbelievable that they would put out a list? >> brian: that oprah is number 3. then lady gaga, strange to use -- i would use her real name on the list. i don't think she was born by that. but she evidently has been saving her money. also making an impact. number 7. >> steve: number one makes perfect sense. hillary is three. then sarah palin, you got to go up to 16 to find a powerful conservative woman and then 28 is ariana huffington. she's on the cover of forbes. why is that? >> gretchen: it's interesting what they did was they had several different categories of

women. so they had like entertainment and leaders of countries and that sort of thing. so then they found the women, top ten women in those groups and then they went a step further and divided them up and came up with just the top women in general. >> steve: this time -- the reason lady gaga is on the heels of hillary clinton, in buzz, they factored in buzz. who is getting all the buzz on the internet. in culture in general, that's why they came up with that list. >> brian: think about these three women who are self funded candidates. linda mcmahon, carly feery i can't and meg whitman on that list ask all funding their own campaigns. >> gretchen: linda mcmahon i do not believe is in the top 100. fiorina is 51. whitman, 47. i don't see mcmahon on here. >> brian: i'll put her on my list. >> gretchen: keep in mind, meg whitman was incredibly successful at ebay, worth a lot of money and now running for

governor in california and she's only at 47. it's interesting, if you have a chance, take a look 'cause it would be harder to find conservative or even moderate women on this list anywhere in the high numbers. >> steve: do you agree with that? do you believe that michelle obama is the most powerful woman in the world, or who would your number one be? e-mail us. >> brian: i also went on my twitter account and asked people their favorite fox moment for the past 14 years. people must be writing this down. their memories are incredible. feel free to share it on or twitter account. new trouble for the proposed mosque near ground zero. the new york city building department tells fox news there are multiple code violations inside two of the buildings scheduled to become part of that mosque. the developers could face fines of up to $10,000 if they aren't fixed soon. >> steve: meanwhile, a gps system that tracks sex offenders is working again. the system apparently failed and authorities lost track of thousands of sex offenders for a couple of hours. the gps monitors 16,000

offenders in 49 american states. most local police were put on alert for the day. in wisconsin, police had to detain several offenders until the system was back on-line. officials insist sex offenders were never aware of the outage. >> gretchen: a teacher's aid in a dallas, texas middle school is fired after writing a note on the student's arm. jackie baldwin's 11-year-old daughter is a special needs student. her daughter came home with this on her arm. call jane tonight, written in black marker down her entire forearm. special needs students carry notebooks for parent-teacher notes. the aide apologized for the misspelling in the message. that's a whole nother story. and for not including the phone number, but not actually writing on the girl's arm. >> brian: they don't have forearm spell check. steve, the weather? >> steve: twice a year in the

fall and late winter, a bare shadow appears in southwest, north carolina. do you see that? it's created by small peaks on white side mountain in the smokies. it's visible late afternoons for about a half hour from mid october through the first weekend in november and again in february. that is neat. we're going -- it's raining through portions of new england. drier across the balance of the country and a little wet out west. that's a quick look at your fox travel cast. >> brian: 23 minutes before the top of the hour. let's talk war. today the united states enters its tenth year in the war in afghanistan. colonel north is imbedded where troops are fighting insurgents and going on raids and protecting that government. >> this is how nearly all of these missions begin, it's the middle of the night. helicopter crews are out

preparing the aircraft, the rest of the troops are inside the hangar and just before dawn, we'll mount up, get aboard the birds and fly off to the objective. this looks a little bit like shangrila. pakistan is just the other side of that ridge line and this is a major opium train shipment point and inside, look at this. >> so far we found morphine, heroin. >> the street value of this? >> just right here in afghanistan, probably $200,000 and u.s., probably approximately $3 million. >> how much of this would have gone to the taliban? >> all the narcotics proceeds go to the taliban. >> special operators wire the

contraband for destruction. then we headed for the extract zone. >> steve: ollie is joining us now. >> it's a great way to celebrate a birthday. >> brian: yours. great report. who do you have with you, colonel? >> i've got special agent jesse hesser, who was on the ground with us. let me just ask a couple of questions because we got that delay between here and new york. jesse, you guys making a difference out here? >> yes, sir, we're taking money away from the insurgents. >> in fact, about how much total, we just saw $3 million worth. but it turns out there was a lot more. >> yes, sir. a total of probably street value in the united states would be about $10 million that we took away in the taliban insurgents. >> you've got a lot of d.e.a. here doing this regularly? >> yes, sir. on a daily basis. >> anybody at home you want to say hi to? >> yes, sir, my wife, jamie, and

happy birthday to my little girl, jordan. >> i would tell you, brian, it is an inspiration to be out here with these young americans who are out here taking this fight to the enemy and what a wonderful birthday, explosive i would point out. >> brian: you and jordan have the same birthday and fox news, that's good company. colonel, people want to know what's really going on in the war, who better to talk to and people like the ones you're talking to. thanks so much, colonel. >> steve: excellent job. >> gretchen: coming up next, a big blow to president obama's plan to prosecute get mow detainees in civilian court. peter johnson, jr. explains the fallout. >> steve: the government telling people on welfare, you can't buy any sugar drinks, people. is what we buy any of the government's business? huh? that's straight ahead. >> brian: we're paying for it.

>> steve: federal prosecutors have issued a fresh round of subpoenas for a probe into john edwards campaign finances. he was originally accused of funneling money to an alleged girlfriend, reel hunter. the case has been dormant for a year. now it seems to be alive. new york city mayor michael bloomberg is teaming up with governor patterson asking the federal government to ban the purchase of sugar drinks using food stamps.

the trial program would last two years and hopes to lower obesity rates. >> brian: the first criminal trial of terrorism suspect from gitmo and just minutes before the trial was about to start, a u.s. judge prevented the key witness from testifying. critics are calling this a major blow to the obama administration's effort to prosecute this type of case. fox news legal analyst peter johnson, jr. here to explain. so much in this case, do you believe, peter, that the government could not have been surprised that they weren't allowed it use this key witness? >> the government has known about this issue for a year or more. the government knew that there was a great likelihood that this testimony would be precluded, would not be allowed in a civilian trial in the southern district of new york. so i'm saying that this is malpractice by the government in allowing this to go forward in this fashion. >> brian: politics. this judge made a ruling that you believe, if i'm not putting

words in your mouth, they had to make because the government, this administration has said flat out, any information that came out of a c.i.a. interrogation, they agree should not be in the prosecution. >> what the government has said and you've read the decision, we had a decision before us this morning, the government has said that everything that galani said while in c.i.a. custody was coerced and the judge said under these circumstances, that will not permit mr. abibi, who admits, not coerced testimony, who admits voluntarily that he provided the explosives to the criminal defendant here, that cannot go forward. >> brian: he sold the tnt to galani who killed over 100 people. >> that's the allegation. 241 people in both bombings. >> brian: right. so he's here to testify willingly and we're not going it use him. >> right. but the legal theory is that it's the fruit of the poisonous tree and that anything that

comes out of a coerced interrogation of the criminal defendant here is thrown out. >> brian: listen to what the judge said. he's aware of the perilous nature of the world in which we live. but the constitution is the rock upon which our nation rests. we must follow it. it not only when it is convenient, but when fear and danger beckon at a different direction. >> what he's doing is he's responding to the political climate and he's responding to a climate in which we want to see justice done for people who are killed by alleged terrorists. but what we're seeing here is absolute miscalculation, if not malpractice by our government to say that we want to send a signal to the world that we're a nation of rights. what we've done is ingrafted the fifth amendment on someone who was interrogated in a military fashion. >> brian: it gets better. the attorney general said, doesn't matter about khalid shaikh moment, he's going to be

convicted anyway. that's basically what the judge said. >> the rule of law is absolutely important. but it cannot be sucker for us, it cannot be consolation for us that we say, okay, maybe we're going to blow this civilian trial which we said we were going to do, which we chose as a political course, but it doesn't matter. he's an enemy combatant. he's going to rot in jail anyway. >> brian: we look like a kangaroo country. >> do we stand for rule of law or not? >> brian: not in this case. >> that's the problem. are we going to spring these other folks on the basis of this? >> brian: peter johnson, jr., thanks so much. straight ahead as we finish up the show, her dad is the king of polo, yes, not the sport, but po lo shirts. ralph lauren's daughter, she's known as the queen of candy and will be joining us live. let's check in with bill hemmer because he's been working on his show very hard. >> we've been here all night,

brian. >> brian: i know. >> we haven't moved ever since we saw you on radio. >> brian: thank you very much. >> i'm glad you noticed. who is voting on health care? you'll be stunned to see some of those new poll numbers we'll show you. guess who the tea party is targeting for 2012? dino rossi is a republican, patty murray is a democrat. that may tip the balance of power in the senate. rossi is here to explain his argument. we will see you in ten minutes.

>> gretchen: it's almost halloween time, which means lots of candy for everyone. our next guest says you should give in to your sweet tooth every day of the year. we're joined by the founder of dylan's candy bar, dylan lauren. for folks who don't know about this, this is the number one candy store in new york city and you have other locations as well. >> orlando, long island and houston and east hampton. >> yeah. one of my favorites. >> gretchen: the first thing you'll make is a halloween dirt cake. this is a child's dream. >> it's for children and adults. as you guys will taste this year. >> steve: we love dirt. >> it's great. for halloween, we call it a graveyard because it looks like mud with oreos you can crush up. >> steve: what's the idea to have a little make your dirt cake party on halloween? >> people want to eat a lot of candy. so the topping for dirt cake are great 'cause you get these

disgusting eyeballs. >> steve: are those real? >> brian: yes, it is. >> anything, body parts. >> steve: this is a kid's dream. >> and adults love this stuff. my brother's birthday is halloween and every yearwe do this. it's really fun. the grosser, the better. and the texture of the candy is really what makes it fun. i don't know if anyone wants to try a gummy worm. >> steve: i want an eyeball. >> gretchen: this is for decoration. this is a great idea. >> this is an easy one. candy corns are an icon and in the book we talk about the history of candy corn and iconic candies. it's always fun to decorate with them. get a handful of candy corn, put them in a votive. this is for a more sophisticated halloween party. these are safety ones that light up. doesn't melt the candy. you have a nice table setting. also we have center piece items.

the iconic jack lantern. tune skewers you can dip in mud. >> brian: isn't there a giant dylan candy bar? >> we have one that's five pounds, if you're hungry. >> brian: is that in all of your stores? >> yeah, on the web site. >> steve: that's not for one seating. you should spread that out over a couple of days. >> after running the marathon, maybe. but people are chocolate addicts and they love that. >> steve: did you hear that story about ten minutes ago about how the mayor of new york city, bloomberg, thinks if you're on public support, you shouldn't use any money to buy sugary drinks? >> you know, i think in moderation, i think with candy, unless you have a health problem, i think everything is okay. >> gretchen: talk about this wonderful cake because you also do this at the store. >> these we have birthday parties for all ages. we had an 80th birthday. we have our liquor license. this is for you because it's happy 40th birthday to fox news. it's a four layer cake, all

candy. there is a centerpiece there which is gum balls and loply pops and it's always fun to dock rate with candy. >> gretchen: how did you get into candy when your dad is in fashion? >> to me it's an overlap. i love color and when i saw his swatches in the office, i used to want to eat them. >> what, your dad is ralph lauren? >> i love colors and design. dylan's candy bar, in the book we show that there is a correlation between art and fashion and pop culture and candy, we sell t-shirts with candy sayings, jewelry, there is spa products. they really lend itself to the patterns and the shapes. candy is really beautiful. >> brian: stay right there. we'll come back with more of your stuff in two minutes and your wonderful stories. our great coffee table book. >> steve: brian, try an eyeball. the retina is a little chewy. >> brian: yeah, main is detached. back in a moment.

>> gretchen: i was saying, brian, you owe me dinner 'cause you lost the bet. these are some of the many things kids can get when they come to your store. >> nostalgia is huge. this is an evolution of the wax ps