right here. because we are denitely looking out for you. >> julie: hello, i'm julie banderas. >> gregg: and i'm gregg jarrett. toppling the news this hour, los angeles police evacuating parts of an l.a. suburb and sending in the bomb squad after an explosion inside a parking garage, who they think is behind the blasted and the latest on the investigation. >> julie: more and more housing foreclosure proceedings after conceding they can't keep up with the paperwork. now is a good time in buying a home? what you need to know before taking the leap. >> gregg: with north korea's leader limping, a show of military might. we have a rare look inside the walls of the man who soon could

be in charge of the world's largest standing army. >> julie: new poll 23 days before the midterm elections, results, americans are down on the economy, no surprise there. voters are giving congress a failing grade. jennifer griffin is live in washington with more. >> reporter: if the latest polls are to be believed they are sending a mixed signal to washington. they say they are anti-washington but they want their government to solve problems with large government programs. 60% say they want their representatives to fight for more government money to get jobs in their home districts. this is turn around when 50% polled saying they want

representatives to battle against spending. 59% of americans say the country is seriously on the wrong track, up a dozen percentage points from summer of 2000. support for the tea party movement, split with 21% supporting and 22% opposing. it now threats to take votes from incumbent republicans as well as democrats. >> now we've got a sense across the country with unemployment hovering around 10 am, 896% of the country knowing someone who is out of job, people want things to get better. >> republicans offer more of the failed policies in the past takes us back to the stranglehold on tax cutting policy. took a 5.6 trillion surplus to a is deficit and thousand necessity wanted the keys to the car back. >> according to the polls,

americans are divide almost evenly on whether washington should provide more services even if it means higher taxes or should reduce services and collect less in taxes. that was not the case in 1994 when most voters took for smaller government and republicans were discontents to take control of congress. >> gregg: we are now awaiting president obama expected to arrive in philadelphia any moment now. there is the scene. the president heading to the city of brotherly love in an attempt to fire up the democratic base with a large rally just ahead of the midterm elections. mike is live in philadelphia with more. what are we expecting to see and hear there today? >> a very excited rally. we have had music this afternoon. a lot of people gathered on the field. essentially a big audience here to hear the president, hear the vice president make their pitch for electing democrats on election day 23 days from today.

trying to essentially ask for couple more years of patience, not to allow their frustration with the economy or job situation to cause them stay home on election day. president trying to rally his base, a lot of young voters who helped propel him to the white house trying to get them to the polls. >> gregg: i understand there is new edition on the campaign trail today, tell us about that. >> reporter: that is right. joining at president obama here in philadelphia is joe biden who grew up in pennsylvania, served for n delaware for many years. he has joined for the first joint rally this year. then in the course of this week we'll see the first lady hit the trail, michelle obama. and a week from today, president and first lady will gather, no matter how popular the policies are, insiders say the first lady is very popular. so they are going to bring her out in the week to come.

>> gregg: with the song in background, mike, thanks. >> julie: meanwhile, republicans are spreading resources into a large number of states even though it's considered safe territory for the democrats. latest polls has democrats losing nine senate seats come this november giving each party an even 50 seats apiece. so do they have what it takes to still come out on top. joining us is former chairman of the democratic party and brad blakeman, deputy assistant to george w.bush. brad, what is some long shot states, apparently the republicans are spreading their resources in? >> we're looking at states, a place like michigan, illinois, and pennsylvania. we are making the democrats run scared in areas they thought was safe. julie, here is the bottom line

for republicans. good government is good politics. democrats have provided bad government and translated to bad politics and they are getting their heads handed to them. they had the keys to the kingdom and they haven't delivered. >> julie: they are planning a $45 million ad blitz. do they have the will to withstand the attack? >> i'm going the clean it up for you a little bit. you can't make chicken salad out of chicken manure no matter how much money. we have nicky against the congressman can't make a dent because it's been revealed that he made millions of dollars with the county going bankruptcy over it. no matter what you god brad, it has to be a quality standard. whether it's delaware or nikki haley the republican running for governor that has been caught in

lie after lie. >> julie: i want to show you the money. i wanted to they you what republicans have up their sleeves compared to the democrats. it's quite a starting difference. according to a washington post analysis, republican committees and groups have spent $100,000 or more in 77 races across the country and comparison democratic party has only spent the same amount in 43 racing. brad, what does it say about the fierce fight that republicans are putting up? >> we've taken nothing for granted. the polling obviously has been trending very favorably in our direction. that gives us the ability to put our money down on races that we probably wouldn't have done a month ago. one thing for sure, the democrats are going to spend a heck of a lot of money. we're not going to be out spent but their money is not going to be as well spent as ours because

our candidates are going to win. >> julie: in the senate it's familiar that gop has spent million or more, democrats have spent in half again, why is the democrats spending more to defend their own turf or they are relying on obama's campaigning to make up the difference uawh know, it's traditional in the midterm after a president is elected for the party in power to lose seats. >> julie: you don't want the democrats to give up. they have to fight for them. >> no, they're not giving them up. what is happening we have independent groups that the wall street greed has lost the power they had under the bush administration of trying to take it back. when you see all this money coming in --. >> nonsense. you guys have the unions, you have people that can go out and

be forced out and do grassroots work on behalf of unions. we don't have that. you guys are raising -- millions of dollars. what you do do you mean no unions. have you ever heard of a group called moveon.org. >> what about karl rove and millions he's raised. >> but there are people that are sympathetic to kuatsd of fiscal responsibility. we are proud of that. >> billionaires, billionaires. >> julie: the reason we're doing this segment the question as to why are democrats spending on senate contests in liberal strong holds when that strategy essentially leaves less money, less cash to the candidates facing strong republican challengers in three states. connecticut democrats have spent $500,000 in support of richard

blumenthal. in west virginia, democrats are putting a million dollars in support of the popular governor there. i mean it seems they are putting a lot of money in the wrong places, no? >> no, i think connecticut is a done deal for blumenthal and i think virginia is done deal for democrats too, but i see spending our money wisely. we don't have wall street billionaires putting money in our campaign. that is what is going on. >> you are looking into a crystal ball. you are looking into a crystal ball. the fact as julie pointed out you are spending money in places that you should never considered spending money in defense shows how weak your position is. look at russ feingold he is telling democrats don't put any money in my race. he notion it's over for him in a

race that should never been competitive. >> i can't wait after the day after the election, kick alabama's butt the other day, we're going to kick butt come the election. >> guys, thank you very much. thank you, it's great to have both. very spirited. we like that. >> gregg: we are now getting some new information about a scare that caused building evacuations after a vehicle explosion inside a parking garage in a hotel in san pedro, california less than a mile from the los angeles area harbor. lapd investigators say they no longer believe it was a bomb that broke the window and busted a hole in the door of an suv. they think it may have been pure vandalism. they say a caller record a blast. responding officers did not find anything upon first inspection. shorter time later a suv with

broken windows was found. a bomb squad surrounding streets shut down, quite a mess there now there are no reports of injuries or damage to the hotel. no suspects at this moment. later when no evidence of explosives were found at the scene, the tactical alerted was called off. >> julie: pakistan reopening a key supply area. militants destroyed dozens of nato trucks left vulnerable by the blockade in recent days. pakistan closing it after a u.s. helicopter strike killed two pakistani soldiers. u.s. apolicy jesus had apologized for the strike. >> and for lebanon, they are preparing for mahmoud ahmadinejad that will combine a two day visit on wednesday. it's sparking fears in israel

because he is scheduled to visit towns right along the border with israel. now more on how this visit is raising tensions. >> gregg, we're about 60 hours from the visit. despite the protests it appears the iranian president is going to visit southern lebanon and the border with which has been historic flash point in the middle east. what isn't clear whether he will make good on his promise to throw stones at israeli troops. the leader of the iranian hezbollah asking citizens to turn out and welcome mahmoud ahmadinejad for his visit. he is talked at length of turning lebanon of iranian out post in the middle east. since the war with israel, hezbollah has been re-arming and much of the support comes from iran. lebanon had democratic president

and army, hezbollah controls the country militarily. it could undermine their sovereignty. this summer, congress threatened to hold back $100 million in military aide because of a shooting on the border. iran quickly offered to make up those funds. >> we are expecting heavy security on both sides of the border until thursday when mahmoud ahmadinejad leaves but it's creating problems inside lebanon. protest posters have gone up and they have pulled one film that is critical of the iranian leader. >> leland, thanks. >> julie: controversy over a bill approved by the israeli cabinet. it would essentially require citizens to pledge an oath of loyalty to israel as a quote, jewish and democratic state. the pledge of allegiance triggering charges of racism from arab lawmakers.

they say it undermines the rights of the arab minority and moved is not sitting well with palestinians especially with peace talks stalled. >> now to chile, days away from freedom. rescuers are reinforcing an escape shaft into their under ground chamber. a rescue capsule could bring the men to the surface as early as wednesday. that process could take about 48 hours we're told. 33 miners have been trapped a mile below ground for an agonizing 66 days. >> gregg: new developments in what is quickly becoming america's newest financial scandal. attorney generals in 40 different states announcing a joint investigation into questionable home foreclosures. some lenders have put a freeze on foreclosures as they look into allegations of fraud and maybe even illegal fraudulent

paperwork used to evict people from their homes. could a nationwide foreclosure moratorium be the works and what would it do to the u.s. economy. brenda butner is anchor of bulls and bears. this moratorium, it's already in place with some mortgage companies could remove about a third of all current homes on the marketplace under foreclosure. would that be a disas the terrify for economic recovery and precipitated the double-dip. >> the first thing it gives some people a sigh of relief. it's not necessarily a sigh for the rest of the economy or other homeowners because they look at their neighbors who aren't paying and not getting foreclosed upon. they think maybe i don't have to pay. the truth is, what happened is there is a thing called robo signers that many of the banks

used. they were told they had to do a certain number of documents a day. they didn't carefully look at the documents see if they credible. the whole prime mess, they were accepting documents that necessarily may not have met the metal basically. i don't think this is going on but when eventually these banks review these documents and decide, hey, 90% of them should have been foreclosed upon we will have a rave of foreclosures hit the market right with when we continue need it. housing prices will be further depressed and it will be impossible to get the housing market moving upward. >> gregg: not only might there be a wave of lawsuits but the financial sector that is still recovering from the recent financial crisis, i mean if it

eggs ka late, more banks, more mortgage companies, do we reach a point where many homeowners across america, even those that are current, say, hey, why should i pay my mortgage? >> that really is a question. as they see their neighbors who were supposed to go into foreclosure, stay in their homes much longer than they should have. perhaps they'll sigh this freeze could affect me, too. why do i pay my mortgage right now. there is no risk of foreclosure but the truth is at some point there will be a risk. this is not policy. bank of america and the rest of the banks. who knows how long will it go on. >> gregg: the problem is, they end up tens of thousands of loans will have to be reprocessed. that could -- get out your calculator. billions of dollars. who pays for that? that is going to get passed

along to the consumer? >> billions of dollars and many bad loans on the banks. the banks would like to move this stuff. they would like to get it off of their books. at this point, it looks like it's on there which documents were correct and who was signing the right one. >> gregg: wall street journal, 2.7 trillion dollars in lawsuits for mortgage investors and bondholders, let's not go there. brenda, thanks very much. >> julie: a california school preparing to reopen after a shocking shooting spree. new information about the suspected gunman and new details of what exactly happened when he opened fire on children on the school playground. [ female announcer ] during endless shrimp at red lobster,

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>> julie: here is the headlines we're following. rescue crews in chile is helping free the trapped miners as early as wednesday. they will be lifted out one at a time in a capsule. mercedes-benz recalling now around 85,000 cars due to a potential steering problem. the german automaker says the loss of power steering fluid could send a driver out of control. >> thousands of runners hit the streets for chicago's annual bank of america marathon. both winners were defending their titles in a little over two hours. >> a school hoping to reopen doors after a gunman opened fire on little children playing outside wounding two girls.

>> despite police and road closures, the neighborhood surrounding the school is quiet. there is still a feeling have uneasiness here. the day after gunshots and panic disrupted the community friday afternoon. >> i thought was a drill. >> it was bam, bam, bam. i never experienced anything like this. >> i saw the gun. >> i saw him running and a man with a gun in one hand and shooting at kid. >> night fall prevented officers from finishing their investigation. they were back on the scene first thing saturday. lieutenant kelly king says they now know more about the shooter's action. >> literally the suspect was on the interior campus. originally thought it was just on the playground but when you examine the evidence he is in the quad of the elementary school. >> in that quad police mark evidence. feet away in the grass, pink flags indicate shell casing. they found two bullets with his

metal detector. >> i don't know who or what makes people click off to do things like that. anyhow, i'm just here to help. >> police are being meticulous on the crime scene so children don't find shell casings but also for the district attorney. >> we want to confirm how many rounds he did fire during the course of that crime. that all adds up to additional charges. >> detectives know at least six rounds were fired, six counts of attempted murder according to the d.a., a charge that is fitting as they learn just how close this campus came to total devastation. >> he was among the children and you realize how close he was and the personal harm would have been except for the intervention of the three guys. i can't say enough about the three people taking action

against an armed shooting criminal. its worst case scenario because truly innocent victims and that is most horrifying crime we see. >> gregg: police say the suspect is not cooperating with investigators. two little girls that were hit, their injuries not life-threatening and expected to make a full recovery. >> julie: a rare look inside north korea and unprecedented look at the possible next leader of the regime. fox news goes inside the secret state, next.

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>> gregg: an apparent explosion inside a hotel parking garage in san pedro, california. police are now saying this incident may have simply been the work of vandals. >> julie: italian soldiers

mourning four comrades killed in afghanistan today. 44 italian troops have died there. >> and miss u.s.a. winner had her title stripped because questions about her age has died. died at heart failure at the age of 71. >> julie: secretive state of north korea putting on a big public show and taking center stage, reclusive leader kim jong-il and young e-son, equilibrium jong un. this another appearance. greg palkot was there for the military display. he reports. >> you are looking at the tail end which has been a huge coming out party for the apparent next leader of north korea kim jong un, the son of the ailing leader kim jong-il.

these dancers have been going about an hour and a half going through coordinated dancing. over here, 75 yards to the right of me, the father and son have been watching everything very closely. earlier today we watched a massive military parade, biggest display of power, troops, tanks and missiles, on one tank a clear sign for the united states we will defeat the u.s. military. all again to underscore the military backing for the current and future regime. we're about 75 yards for the figures. at 20 something, he looks fairly composed he was smiling and waving and looking at the crowd. the father did no look too well. illnesses has aged him badly. united states officials watching it closely, as well. a personal note for me, this is remarkable access for us. a couple of totalitarian regimes

from the past that could have pulled off something like this. another note i can imagine that these folks will be joining the party tonight but tomorrow they have to go back and working and living in this country and the rest of the world has to go back to watching this country. >> julie: thank you very much. background information on kim jong un, he is the youngest son. he is from kim jong-il's third wife and he is 27 years old and before today he was never seen before in public. he was educated in switzerland using different name the hide his identity. earlier this year he was named to the powerful national defense commission before becoming a four-star general. >> gregg: never served a day in the military. pretty amazing. >> in south korea hundreds of people to get their message

across the border. 250 activists dropped leaflets from balloons and set them free. those pamphlets urge the people to resist the succession of power from communist ruler to his youngest son to ho is expected to become the next ruler. >> authorities in hungary say no new cracks on the reservoir holding back the toxic sludge. good news might not last long. they are warning the wall will essentially collapse unleashing a new wave of sludge. this would flood parts of the town already hit by the industrial waste last monday. engineers are busy repairing the old cracks and building protective walls to hold back any further spills. sarah shourd says she is haunted by images of her jailed

friends. she sends letters to the two. e-mailing them or mailing them if the men will ever get them. the three u.c. berkeley graduates were hiking near the iran border when iranian police arrested them on charges of spying. shourd faces a trial in iran. they have ruled out a pretrial release for the two still jailed there. >> vietnam veterans who are the victims of the hotly divided nation when they returned home. >> today they need your help. there is a simple way i can do that. all it is cleaning out your closet. clinton, thank you very much for talking to us. my first question, when we talk about vietnam veteran suffering, you have to wonder why

economically the physically, the psychologically we can understand but how is it that our vets have gotten to the point they are today? >> i think it's more a question of being able to get the services we need once we return back to state side. dealing with the veterans' administration, they have been able to get our veterans coming home are not able to get approved a lot of times. >> gregg: tell us how we can help. you have a terrific program. explain how it works? >> what we do, we collect clothing and household donations. we have been doing it greater than 25 years. it's a great source of revenue for us. you call us with things you are going to get rid of. you can go to our website, find out our phone number is in your area and we'll collecting things for you. >> julie: this is clothing.

this is bag that was delivered to one of our producer's home. the bags differ from where you live but these bags are delivered. do you have to call to request that these bags be brought to your home? >> you can call our number at any time. the one in new york, you'll get that from time to time. we're actually in your neighborhood more often. you can put donations, a box or bag and mark it for us when we are coming out to get to you. you don't have to call and request it. >> gregg: the clothes don't directly go to vietnam veterans. explain how it works. >> we contract with privately owned stores and they purchase it from us. in some instances we do have veterans that need items and in those cases we provide vouchers to shop at the stores we contract with. this allows us to raise enough money we can run our program without the hassles of retail

operations. >> julie: i was surprised to read that connecticut, the state of connecticut has the largest military call up since world war ii and many returning veterans are out of work, they are living in shelters. i guess the question is why not give them money, why clothing? >> it's not so much we're giving them clothing. what we do more than anything is assist veterans when they are in need of services from the veterans administration, such as medicines, maybe some kind of treatment. we are able to recoup the actual benefits for those veterans and get that money in their pocket so they can get those things they need. >> gregg: once again, tell us the website. >> please visit our donations clothingdonations.org. >> thanks for having me. >> julie: a bomb-sniffing dog

traumatized finding a new home. dunam was killed in iraq in 2004 and now his parents hope they can help give a fellow marine a long happy life. peter is live in new york with more on this story. >> reporter: back in 2004, dan and deb dunham lost their son. he was killed in battling an insurgent dropped grenade and he jumped on grenade to protect his fellow marines. in 2007 his parents accepted the medal of honor and november 13 of this year the navy will commission the most sophisticated warship in his honor, the jason dunam. he was a machine gunner and they have a new dog named gunner. they were hoped that his nose could stuff sniff out front lines but he was so traumatized

by bombs firing off he was sent home. had now he is back with the dunhams and they are saying their son died doing the right thing and ever since then, they try to do the right thing, too. >> we try to do the same thing. >> we have a home for him. i have a playing for this one. >> reporter: the dunhams had to sign a paper if anything goes wrong with gunner. they say the other dog has helped gunner get used the a equality life at home and he is still on edge. gunner was frightened by thunder and more recently he threw a roll of toilet paper to see if he wanted to play with it and he hit the deck, just like a soldier would. now he is acting more like a

puppy but talking to him and he referred to him as a soldier. they made it clear they aren't doing it for just a dog but a four-legged friend. >> after a long two year slumber the housing market may be on the verge of waking up. so is now is the time to take on a mortgage? a financial advisor offer his words of wisdom. stick around for that. diabetes testing? it's all the same. nothing changes.

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joining us is dominic dovella. nice to have you on. do you think the feds are going to follow the lead of some the big lenders for a call of national moratorium on foreclosures. >> i think from a political perspective it's something they are going to go ahead and do but at the end day it may forestall the inevitable but i think they are going to get the papers in order. >> julie: what about the folks who find themselves on other side and thinking about buying a home? >> i think its terrific idea. average person needs to understand the things that got us into this problem in the first place, anybody could qualify for a mortgage and prices were going through the roof, all that stuff has come to an end. we've seen prices fall by 70%. so i think this is great opportunity. >> julie: some analysts like in

the wall street journal after two years of misery there are signs housing crisis may be coming to an end. the problem is we don't want to get ourselves in the same mess. there are 70% discounts so it is tempting. i guess if you are looking at your portfolio and you are wondering am i the right person to buy right now. what do we need to know if now is really the time to opt into a mortgage? >> the problem right here is that people think the price might get better. we may see them come down further and really reluctant to go there and commitment that might happen, all those things that got ourselves in had this mess is starting to clean themselves up. i think if you start looking at three and five and ten-year commitment, we'll be able to look back and say was good buying opportunity. >> julie: and there are conditions that created this problem and it no longer exists.

you don't want to get in the same tangled web. foreclosure issues in the first place. how about if usual looking to buy a to them flip it. is that a bad idea? >> there are many issues, the mentality and i'm going the flip in it 30 days and actually make a profit, got to go by the wayside. it has, you have purchasing costs, commissions and fees and buying and selling, getting a mortgage. you can't buy something and expect to flip it 30 to 60 days. >> what about three to five years? >> i think it's realistic. right now it's an inventory problem. we have way too many homes that were built and through the foreclosure we have to go through the excess inventory is going to clean up. you can see price increase in these things. >> julie: i would love to

believe that what makes you think that. >> one thing i hang my hat, we're building half a million new homes every year. we need about twice as many homes as they are building. remember, in the heyday they were building twice as many as we needed. we're building half as many homes, eating up the inventory. every single year we are eating up the inventory. it's not going to happen over night but we're going to wake up and five years down the road see a housing shortage. >> julie: what do you think of the foreclosure moratorium? >> it's inevitable. most of these homes are going to go through the foreclosure process. clearly we want the banks to do it correctly. if it shouldn't happen, somebody that can bail themselves out and keep their homes, they should be entitled to it but it shouldn't be a rubber-stamp process. but the truth 95% is going to

happen. it's a matter of the banks going through the process. >> julie: all right. i hope you're right about three to five prediction. >> new developments over the fight over arizona's immigration law. jan brewer says her state is under attack from ten different countries, including mexico who is now challenging the immigration law. she is going to court to try to stop it. does she have a case? we'll talk to an expert about that. [ engine revving ]

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>> gregg: the governor of arizona now wants to block nearly a dozen foreign countries who disagree with her state's tough new immigration law. jan brewer filing a motion with the ninth circuit courted of appeals after mexico and ten

other countries asked the department of justice to let them file friends of the court's briefs. they say arizona laws is not the matter of a foreign country. does she have a case. francisco, good to see you. this is a federal case and federal judges as you know derive their power from the u.s. constitution. that is wholly american document. how is foreign law, or even the opinion of a foreign government relevant to rulings on u.s. law? >> bottom line, if governor brewer's faith isn't strong enough to take a challenge, what is he is afraid of. why does it matter. you made the point. they don't have to listen to it. it's not foreign law. all they are doing is amicus briefs. what is he is afraid of. the problem is she pushed this law really in her own statement

to get the federal government to do something about the immigration problem. both sides agree on that. why are we moving on to that point? >> gregg: it's a matter of principle and hypocrisy, as well. you may well remember, president calderon deriding the law as discriminatory and yet mexico has repeatedly been cited by human rights groups for egregious abuse of migrants from central america. how in the world does mexico have any credibility on this subject? >> i agree with you. it's relevant -- if we give calderon credibility when he has zero jurisdiction in united states. we are stuck in the mud and we are not moving forward. >> gregg: let me go back to the principal issue.

when justice john paul stevens, he cited a foreign law, in a death penalty case he was rebuked by many on the court including justice scalia. the views of other nations however enlightened the justices think them to be, cannot be imposed upon americans through the constitution. as i say, other justices agree with this. flan cisco, is a foreign government allowed to influence a judge's decision, doesn't that undermine democratic self-cow fans? >> it's really an amicus brief. a friend of the court. they are going to be base it on american law anyway. they aren't fighting any other law. i agree with the justice scalia. you have given it more ferver to the debate if you let them in.

>> gregg: i don't think we are afraid of it. i think it sets a bad precedent because the standards by which we live, are american standards, they are evolving opinions of americans, not mexicans or any latin america. isn't there sort of a slippery slope here of culture wars? >> we have a united nations, we as leaders of the world go to countries and tell them how to run their business, too. that is diplomatic and it's not binding on those countries but it has a lot of influence makes and we are brothers and sisters we have to get along and we must listen to each other. if we are talking about the discourse, we should be sitting down and both countries work on the solution. mexico has to produce jobs but people don't have to come here illegally. >> but i am sensing from you the court should be allowed to read

the foreign government's opinions, you would agree that therefore they should strictly based on american law because the immigration law is squarely a constitutional matter. we should interpret the constitution based on what, the text, structure and history of it, right? >> i agree with you quite often and i agree with you on this one. absolutely. >> gregg: always great to talk to you. thanks so much. >> julie: latest on explosive threat in los angeles, who authorities are looking for and what the bomb squad was able to turn up, next. rescription plan, you have more time to remember what it's really a about. enroll starting november 15. go to walmart.com for details. [ female announcer ] something unexpected to the world of multigrain... taste. delicious pringles multigrain.

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captioning by, closed captioning services, inc. >> jamie: hello, happy sunday, i'm julie bandaras, welcome inside america's news headquarters. >> gregg: topping the news, new developments in the mass overdose in a college party in washington state what, police told fox news, what they found when officers busted into the party. >> extra security called in for sarah palin as she attends a fund-raiser and what triggered the new safety measures. >> gregg: and a brand new poll out today, on the mood of america and while voters say they may be fed up with the government, guess what americans actually want more of? >> president obama in philadelphia, to headline a major rally for democrats, ahead of a midterm election and, let's look, here vice president joe

biden sus stepped up to the microphone and this happening just a few minutes ago, in fact it is now live, the president expected to take the stage in about half an hour, mike emmanuel is following the action in philadelphia for us. so, set the scene for us there, aside from the fact that it is loud. >> reporter: vice president biden got a hand you, tagging about the phillies, winning the serieses, and we have a spectacular day here, not a cloud in the sky and the vice president is keying up the president, so he's throwing red meat out there trying to get the crowd fired up behind me, and, to set the stage for the president of the united states to make his appeal to voters, to go to the polls, and, 23 days from today, and, obviously the president wants the voters to vote democrat, julie. >> what is the president's pitch going to be today? as he tries to eliminate then enthusiasm gap, and by the way we are seeing the president stepping up there to the podium

as well, as we speak. >> reporter: his pitch, julie, will be that just because they are frustrated with the economy and the job situation, there is no excuse to stay home on election day, the president is going to stay, in 2008, when he got elected, that that was the start of things, and not the finish line. and, so, he's going to appeal to them, try to rev up young voters, that are still critical of him being elected two years ago, to try and motivate them to go to the polls, as you said, republicans, are thought to have a lot of enthusiasm about the election. the president is going to do his best to try to rev up his base, here in philadelphia, and other places like this. >> let's listen to the president as he speaks at the rally in philadelphia. president obama.

>> n crowd chanting "yes, we can." ]. >> president barack obama: think! this is... [cheers and applause]. >> president barack obama: thank you. this is a good looking crowd, man! this is a beautiful crowd, on a beautiful day, and it is good to be back here in pennsylvania. >> and they're all away this back in the parking lot. they can't even see you! >> president barack obama: it is good to be back in pennsylvania, good to be back in philly. [cheers and applause]. >> president barack obama: i know part of the rise are fired up is because you just heard from one of the finest vice presidents we will ever see in this country's history. joe biden. [cheers and applause]. >> president barack obama: plus, joe looks cool in those glasses, too, doesn't he?

you know... i want you to know, when i was still campaigning, right after i selected joe, we went out and we were doing events, you know, small town hall meetings and every where we went, with joe, some woman would come by and say, you know, i think joe is kind of cute. can you introduce me to joe? that was true. and i had to inform this woman that, joe is married. to a wonderful jill biden. in addition to hearing from joe, you have heard from governor ed rendell. senator arlen specter is in the house. [cheers and applause]. >> president barack obama: senator bob casey is in the house. [cheers and applause]. >> president barack obama: state treasury rob mccourt is here... congressman shaka fattai,

congressman joe sestak is here. congressman bob brady is here... mayor... >> the president obviously announcing who is all at the democratic rally, in philadelphia. people from philadelphia, from pennsylvania, very excited, obviously, to see the president there, this is a political rally, anyone less, though, trying to rally support for democrats, in next three weeks, we will dip into this as news warrants and we'll move on, now, president obama, headlining this events, here in philadelphia. >> gregg: several senate seats leaning from blue to red on election day and many wonder if we could see a 50/50 split. here's the current break down, less than ten seats considered true toss-ups, republicans need nine to reach 50. joining me is brian baird of washington state and republican congressman dan lundgren. gentlemen, good to see you,

congressman baird, you were a member, if i recall, of congress back in 2000, 2001 where the composition was 50/50 and then it changed when senator jeffers switched to independent. if it happens again, 50/50, what would that mean for legislation at this critical time in american history? gridlock? >> well, it might. it might, but, if you ask the average american, if you were in a group and half the people wanted one thing and half wanted another, should you go out and fight it out or try and find out where you have common ground? the trouble we have seen, recently, and it is much worse than it was ten years ago, the trouble we have seen is that there are some subset of our members of the senate who do not want to find common ground, they are absolutists and in transient and block every effort to compromise and if we do that the country is in trouble. >> gregg: a decade ago, tom daschle and trent lott, ther the party leaders and got along

okay, and got the education bill and the tax cuts and is that the key to reaching consensus and avoiding gridlock and do you see that kind of agreement in the current leadership. >> what you have to keep in mind is we have had a super majorities, almost super majority in the senate and that didn't appear to get people to work together. actually, when we did have it closer in terms of the margins, 50-50, you did see people working together. so it really goes to the question of... >> gregg: harry reid and trent lott, didn't you see those guys getting along? >> well, they have strong differences? let's put it the way. >> gregg: that means no, right. >> no. no no. no. it depends on what the message is the american people deliver on november 2nd, brian baird is leaving the congress and i'm sorry he. >> chris: -- sorry he's leaving, he was a democrat you could reach across the aisle to, our leadership, if we're in the

majority, suggested in the house, we'll run things differently and the democrats did but the republicans did and give the minority a chance to have a voice and that is a very important part of it. if you allow the minority party to contribute you have a chance to work across the aisle. >> gregg: congressman baird, since you are leaving, feel free to say anything. can we agree on one thing? the american public is angry. they are angry about the direction of government, angry about spending, angry about debt and so, even senate democrats, especially those who are up for re-election in two years from now, they might decide, you know what? we better go with angry america, and, toss our future in with republicans. >> here's the challenge, if we are going to solve the fiscal problem which has a lot of pep angry, both sides will have to compromise and democrats have to address spending including entitlements an discretionary spending and, our friends on the republican side have to look at

revenue. you don't stop a $1.3 trillion deficit, 1.5, possibly, by only spending cuts alone. you cannot get there. we have to both compromise and if one side or the other says it has to be my way or the highway, nobody will move down that -- >> gregg: that may be the problem, congressman lungren, we talked to norm ornstein, and he told our producer on capitol hill, the following: 2011 will not be 2001. the political system's ability to find common ground has had ten years of deterioration. and that was echoed by senator harken who predicts it will get worse, because he claims that your party, new republicans, will come into the senate with t strident, anti-government agendas. >> it looks like he's not looking to work across the

aisle. >> gregg: maybe police a realist. >> i respect brian baird very much but in his comments there was the suggestion of one of the problems and that is, tax cuts and spending cuts are two very different animals. even somebody from -- like chris matthews said on television he said he's disappointed with democrats who don't understand the tifrdifference, a tax cut i different from a spending cut and if you think they are equal, the suggestion is government that's first call on the money in your pocket. all i'm saying is, we ought to recognize there are two very different things and that is why i say, when you talk about reaching across the aisle and working on it, if you think there is -- they they're same thing it will be difficult to reach across this aisle because they are different. >> gregg: go ahead. >> the deficit exceeds all discretionary spending behind

and if you shut down the entire military operation an closed the national park and stopped every penny of discretionary spending you are still in debt, mathematics says you cannot get there just by spending cuts, unless you wants to stop d defee cuts and all discretionary spending. you cannot get there. >> we could reform the tax system so it goes more towards consumption, and less towards d disincentives and that is where we can reach across the aisle and work together. >> i agree. >> gregg: are you deeply disappointed, since you are leaving, as a democrat, you guys did not come up with a tax bill, failed to come up with an appropriations bill, and failed to come up with a budget bill? >> well, i am disappointed but i don't think the democrats share the entire blame. i'm disappointed for the country. >> gregg: you have a majority in both house, substantial. >> but, remember the senate has holds and filibusters that have

been used ten times more than ever before in history, and it is difficult to get things through, and, frankly, we inherited a $1.3 trillion deficit, that is tough. i wish we'd solved it and i hope the next congress will. >> gregg: gentlemen, thanks, dan lungren, brian baird, thank you very much. >> >> julie: extra kurt for sarah palin at a fund-raiser in california, after a reported death threat. he introduced joe miller at last night's events in san diego, and, there are no details on the specific threat against palin, only security as beefed up. >> gregg: the scandal in bell, california claims more victims, two city administrators resigning and a third agreeing to a pay cut after the high salaries sparked public outrage, and residents venting frustration at a city council meeting last tuesday, administrators in the small, working class city making

hundreds of thousands of dollars a year, a former city manager was making a million. notwithstanding the census figures showing bell had a medium household income of less than $35,000. >> julie: unemployment in the country is flirting with double digits and u.s. companies are sitting on a stockpile of cash and instead of creating jobs for main street america, companies are spending the cash on wall street, buying back their own stock. business correspondent and anchor of bulls and bears, brenda buttner joins us now. this is really discouraging, brenda. why is it that companies wouldn't want to invest in, lets say, jobs, meaning hiring more people in order to make themselves more competitive in the joshib market and the workforce. >> they are worried there is note demand for their products and why go ahead and invest in infrastructure when they probably will not sell their supplies. and, a much easier thing to do and something that can boost

their stock price, boost their stock options as well, is to buy back their stock, it creates a metric which makes it basically stocks being cheaper and draws more people into it. so, we are seeing a huge amount of that going on, hewlett-packard, pepsico, going ahead and doing that. they are sitting on a lot of cash. these are huge corporations, by the way, not smaller businesses, which are still having some problems getting cash and credit. but, we are seeing that that is how they are spending it and don'ts see the demand out there, they want to get rid of the money, one way is to invest in their company's stock. >> julie: went will we see, if ever, a wall street and main street on common ground and the companies spend their money on jobs in order to get us to the of the unemployment -- the numbers are staggering and the only way really for the rate to go back up, is to gets more people off the unemployment

lines. it is... >> i know, it is circuitous and more people get hired and more people spend, the customers start spending more, it has to come from the base, where people have more money in they're pockets, people are spending more and people are doing this same, they are putting the money in their pockets and the savings rate is up, and they are afraid they might go into debt. and the same way -- in the say way the companies are afraid and right now it is pretty much at a stand still. >> julie: i guess, the extra cash, they are stockpiling it, when do you think, if at any time soon they'll have enough money where they have the money in the stocks and can go ahead and spend on paying for salaries. >> well, you know, if they see a glimmer, perhaps, during the holiday season, that people are starting to spend, that could be a pretty time, if we are seeing anybody spend during the christmas season, we may see that, you know, inventories go down, they have to bring them back up again, so they buy more

products, and hopefully sell more products. that is the thinking at least. but, to now they are putting it in their own stock and not necessarily in larger investments. >> julie: brenda buttner, thank you very much. >> gregg: reassuring news for frequent flyers, the number of close calls is on the downward spiral, the faa reporting 6 incidents over the last 12 months, half as many that's year before when there were a dozen and a dramatic drop from 67 incidents, back in the year 2000. the faa credits the decline to new airport technology, and, better pilot training. >> julie: launching into space is all in the family, for twin brothers, scott and mark kelly becoming the first blood relatives to meet in outer space. scott kelly is in orbit right now, serving a five month mission as commander on the international space station and he took off aboard a russian rocket on friday.

and his brother, mark, is the next commander of shuttle endeavour, which is scheduled to hook up with the space station in march and there will be no hand shakes or hugs when the 46-year-old brothers meets up in space. actually they plan on arm wrestling. >> gregg: that's an interesting twist. the democrats... let's do that during the commercial break, julie! the democrats' biggest star is hitting the campaign trail. is he really their biggest star? president barack obama in the city of brotherly love. live shot, holding a rally there, looking to rev up the party base and bring back the magic of '08, can he do it with the midterms, only weeks away? we'll bring it to you live. [ engine revs ]

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>> gregg: here's the headlines we're following, the trapped miners in chile could soon be free, maybe wednesday, the 33 men have been stuck below ground 66 days. officials in hungary are warning that a reservoir wall holding back tons of toxic sludge could eventually collapse and engineers are busy repairing cracks and building protective walls. and soul singer solomon burke, died, he wrote "everybody needs somebody to love." he was 70 years old. >> julie: turning to politics, firing up the faithful, not easy to do as the president is speaking in philadelphia, now, and his speeches have gone from "yes we can" to "buck up, it's not so bad" and to bring back the enthusiasm the supporters may require more than the

speeches, my next guest says, president obama should start lead buying example. fox news contributor michael goodwin tackles the topic in the column in "the new york post." thank you very much, michael, it will take more than enthusiasm to get the public pump and make them vote democratic when it comes to elections, and when it comes to rallying support what this is president missing. >> the bad news is getting to the president. looking at the economics situation and the situation in pakistan and afghanistan appears to be deteriorating. the president looks like it is beginning to show on him. and i talk about in my column, when he came out, friday, after the new jobs report, and, he really looked like he was just down and defeated, and i wasn't the only one who noticed that, a number of people have commented on the kind of tone of voice, the flatness and lack of enthusiasm that he displayed in talking about this jobs report. which, of course showed actually a loss of jobs, instead of a

gain, and, this is the kind of thing i think the president is now beginning to feel what the country is feeling, that things are not going so well at all and what i say in the column is he recently said to his supporters they should buck up and i think the president has to buck up. the president has to lead by example. he cannot get down -- the country can in the afford it, whether you support the president or not you cannot have a president who has the blues, he has to fight back against this and i believe there are better ways to fight back, among them agreeing with the public. the public doesn't like the spending, it doesn't leak the tax hikes, he's contemplating. i believe the president needs to take the lessons of the campaign so far, and begin to listen to the public. >> julie: it's interesting you say he needs to listen to the public and when it comes to, let's say, health care reform for example, his health care bill, widely unliked, by the public. the tax situation, with the end of the year, around the corner, it is interesting what will happen there, because, there are a lot of people who are unhappy

with the fact that he'll let a lot of the bush tax cuts expire. what about those issues there? should he be conveying to the public and what do you think the public is waiting to hear out of the president's mouth. >> i think, right now, most of the public made up its mind about the president, one way or the other, to his disadvantage, right now. and i think when we goes to these rallies, you see him trying to bring enthusiasm and energy as he did in '08, it is more like a, you know, return to the good old days theme that he is trying to invoke and the problem is, what happened in the interim, of course, the last two years, nearly two years he has been president, things have not gone well, and, again, i happen to believe this, right now, is the rockiest time of his presidency and you have the defections among his staff and some may or may not have been pushed out and is a highly unusual exodus of a lot of key people the last few weeks and i think it doesn't speak well to what is going on, in the white

house. there has to be a certain amount of disorder as bob woodward recounts in his book and there's a lot of back stabbing and that is fairly typical of administrations that are flailing and not doing well, with the public. >> julie: my last question is to, he has the economic downturn and the failed policies and the fecting staffers, and now during his election for president, obviously, his "yes we can" slogan essentially said the democrats can do what the republicans did, and he's been in office now quite some time and now is time for him to take responsibility and lose the blame game, if you will. is that something that you pro attention could see is the president doing in the next three weeks. >> you know, julie, i think that is the right analysis of what is going on. the question is, can the president adjust? can he change course and put himself right with the country? right now, he is out of step with the majority of the country on almost every one of his major policies and you mentioned health care, the -- he is still defending the stimulus and the

country is dead set against the stimulus, it already made up its mind, the tax hikes, nobody wants them for anybody and everybody realizes -- not no nobody, but the majority roo realizes tax hikes are not good for the economy as a whole and the more money the government has the more it will spend and it is spending people are out remained against and increasingly frightened by it and see the character of the country going down this road where the government does more and more and more. so i think the president does want to turn around, he certainly has an opportunity with the new congress but he doesn't have to wait, he could do it today. >> julie: michael goodwin, thanks. >> gregg: new developments in the investigation into the mass overdose at a college party in washington state, what police told fox news they found, inside that home, and the possible charges that could soon be filed.

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>> julie:. >> bottom of the hour, time for the top of the news, north korea celebrating the 65th anniversary of the ruling party, giving the world video access to kim jong-un, the country's next leader. >> julie: the government is expected to announce people on social security will not be getting a raise next year. because inflation is not going up. >> gregg: authorities believe vandals may have caused a reported vehicle explosion in a parking garage hotel near los angeles, investigators don't think it was in fact a bomb, and they are not sure where the noise came from. >> julie: police in washington state telling fox news they have a suspicion of what may have been used to drug a dozen college women, at a party, 12 women were rushed to the hospital in what police describe as a mass overdose. most of them were students at nearby central washington

university. our affiliate reports: >> reporter: the home in rosalynn ended badly for several university students, a dozen pup people were taken away by ambulance after police think someone slipped a powerful drug into their drinks. >> the girls were basically unconscious, around the house an outside and it was a bad scene. >> reporter: police got the call after 11:00, things were out of control. >> entering the house, they observed numerous people, either in a semi unconscious or unconscious state. >> reporter: one woman was so bad, her friends drove her to the safeway and call 911 and she was taken to the hospital and she didn't wake up until saturday. and while police are trying to figure out what happened, students have their own ideas. >> definitely a drug was in the bottle, everybody everyone was chasing their drinks with. it is a date rape drug and basically you don't know what you are doing when you are on

it. so, you pretty much black out. >> reporter: students say the party was supposed to be a harmless event. but, when word got out, uninvited guests started showing up. >> there was an invite on facebook and the facebook invited like a bunch of locals or something, and, potentially and the locals showed up and that is when everything kind of started going crazy. >> reporter: the hoeme is owned by the father of a central washington student and neighbors could tell something was going on but had no idea things got that bad. >> sounded pretty good, like a pretty good party. this house has frequent, parties a lot, it's not unusual. >> reporter: police say this majority of those who got kick were young women and it may not have been a coincidence and they collected blood and urine samples, and, police talked to people who participated, could get in trouble. >> some kids will listen and some kids will not take it

seriously, they'll do what they want to do. >> reporter: the university is planning another round of meetings, for sunday night, to talk with students about what happened and the dangers of underage drinking. local police are working closely with university cops to find out what was in those drinks and who put it there. >> julie: thanks to amy for that report and this morning we talked by phone to the local police chief, scott ferguson and he said police have a suspicion of what may have en in the drinks and are running blood tests to confirm the findings and the chief said when officers went into the home they found victims literally passed out on the ground. listen: >> observed a large party at a house, actually had to break or breach the door to get in. and, upon entering the house began to see people unconscious throughout the house, unconscious or a semi unconscious state. as officers were sweeping the inside of the house for other victims, a deputy walked into a room and observed a person

involved in a sexual activity with a semi unconscious woman. >> julie: charges are pending against that man and we'll get an update from the chief when i speak to him live on "the fox report" 7:00 p.m. eastern. >> gregg: police searching for a gunman who opened fire at a college party in austin, texas, around 2:00, saturday morning, police now say one group of college-age students were leaving a party when they began arguing with another group. somebody opened fire. wounding another student and the person transported to a local hospital with nonlife-threatening injuries. nobody has been arrested and the shooting, still under investigation. >> julie: mexico naming two members of a drug cartel, the reported murder of a man off the coast of texas. david hartley and his wife worry jet skiing ten days ago and she says gunmen opened fire ton the

and tiffany said her husband was shot in the head, forcing her to abandon his body and flee for her life and some reports questioned her story, texas congressman -- a texas congressman offered her support, saying skapolice are not doing enough to solve the case. >> they called off the search over the last weekend and don't search at night because it ties dangerous and don't have operational control of the border and we don't have operational control of the border and the proof will be in the results, it has been over a week and they have not found the body of david hartley and they will not find his body because they have disposed of it. they can say that and don't want our help and we offered our help to search for the body and for the criminals and they said, no, no americans will help us and it's more talk, and the mexican government has notorious, bad record for solving the numerous hundreds of thousands of murders that occur in mexico, especially those drug related.

>> julie: mexico's foreign ministry has issued a statement categorically denying it is not doing enough to find his body. >> gregg: now to the upcoming election, a new poll is out today measuring america's mood, 23 days before the midterm election, not surprising, here, americans are down on the u.s. economy. and, voters very unhappy with congress. jennifer griffin is live in our washington bureau with more and here's a new "washington post" poll and shows, what, 49%, neither support nor oppose the tea party movement. >> reporter: yes, but those polls are split about the movement, 21% of those polled support the tea party movement, 22% oppose it. and, given the anti-incumbents feeling the tea party looks positioned to take votes from both democrats and republicans, there is still no denying the discontent, 59% of americans say the country is seriously on the wrong track, up a dozen

percentage points from the summer of 2000. >> gregg: jennifer, how is it different, back in 1994, when the republicans swept into congress, during the first midterm election under president bill clinton. >> reporter: back in 1994, gregg, most voters preferred a smaller government and republicans rode the discontent to take control of congress, and, those who wanted limited government also call social security and health care important and so there is a conflicting message being sent. most polls say they are angry with incumbents but almost 60% in the poll want their representative in their district to fight for more government money to get jobs. >> gregg: compare to the presidential election of just a couple of years ago, are voters more or less interested in this upcoming election? >> well, according to this poll, 29% are more interested in this

election, 18% are less interested. than they were when the president ran for president. but, with 59% saying the country is on the wrong track, democrats and republicans have a lot of explaining to do. >> the stimulus bill, the cap-and-trade energy bill, the health care bill, all of those things have not even been discussed on the campaign trail because they are wildly unpopular. >> you'll notice congressman cantor said nothing about what republicans would do. it is generally what you are supposed to do when are trying to give voters a reason to choose your candidates over the -- your opponent's candidates. >> reporter: gregg, it should be a very, very intense election on november 2nd. and, voters should definitely tune into fox, we'll have complete coverage. >> gregg: we iwill, the place t be. jennifer griffin, thanks. >> julie: you have probably seen the videos on youtube, everybody talks about, david after the dentist, or the dance down the

aisle, they might seem like america's funniest home videos, but, some of them making serious bank, casey steegel joins us with the los angeles bureau, i love the dancing video, where they are dancing you on this aisle and i'm not alone, obviously. >> the day with the dentist is my favorite and people are wondering, how can i cash in on this and put a video on the internet that is going to generate a lot of money, but there is no magic ingredient when it comes to actually creating one of these viral videos and in fact the reality is, the people who post them often don't know they will become an overnight sensation, when they are doing it. if you are one of the lucky ones, however, there is some money to be made. first of all, this definition of a viral video, just to bring everyone up to speed, is passed electronically and quickly, vy q -- via youtube and facebook and

it is usually humor, and you get ritz all ov hits all over the world, according to the business insider and a recent study by tubemogul.com, those ten independent youtube partners made more than $100,000 apiece in the last year, through everything from ad sales, to marching. -- muching. >> several youtube celebrities have t-shirt lines, and will often do product placement, like brands pay to get into the videos like they do to get into tv and a lot of times it is a bet dearly and you get a tv sized audience in three days that might be an hour of tv but, 1/10 the price. >> reporter: and i hate to break it to you, your chances of becoming the overnight sensation is about the same as actually winning the lottery. because, there is an awful lot of competition out there, if you can believe this, 24 hours worth of video, is up loaded to the

site, youtube, once a minute. and there are currently more than 100 million videos on that site alone, meaning if you wanted to watch every second of video on the site, it will only take a thousand years, julie bandaras, get to watching now! >> julie: goodness, all right, i don't have that kind of time, casey steegel, thank you. >> reporter: no one does. >> gregg: brace yourself, videotape from moments ago, the democratic national committee events and the president is speaking in philadelphia and while we were showing you the president speaking live our cameraman caught this incident, mike tells our reporters, the person subdued on the ground, by police, was actually a... a street... you can't see it. our cameras -- >> male or female. >> gregg: our cameras did not catch the suspect in the buff. filmy pd apparently did. >> julie: it would go viral if

we had the video of the person in the buff. that what is people look for on youtube. outrageous. >> gregg: small matter. a federal judge issuing a major ruling on the health care law and we'll slain that decision, what it could mean, for the legislation's future, coming up. stick around.

>> gregg: the obama administration winning the opening legal skirmish in what could prove to be incredibly long battle, a federal judge in the state of michigan ruling that the federal government does in deed have the power to force you, all americans, to buy health insurance under the newly enacted health care law. now, there are other federal judges notably in virginia and florida, who are considering almost identical cases and could reach a different, opposite conclusion and the michigan decision is no binding on them, let's bring in our legal panel, lis weihl, former federal prosecutor and fox news contributor and paul cowan, professor of media law at seton hall university. paul, i read the decision from the michigan judge and he ruled that congress does have the power under the commerce clause to regulate people who choose not to engage in interstate

customers, people who choose to do nothing at all. right or wrong? >> i think given the history the way the court interpreted the commerce clause in the constitution was originally thought to mean the federal government had to keep its nose out of the business of the state unless there was interstate commerce going on and in recent years, really since the new deal in the 1930s, the court has taken an expansive view of it and basically said if there is a need tor rational regulation of anticipating, the commerce clause probably will allow it. >> gregg: can they force me to join a health club. >> you know something, given your weight problem, gregg, it might not be a national problem. >> gregg: seriously, there is a comparison, and lis in several cases, paul does have a point, i spent the morning... the supreme court repeatedly said that even noneconomic activity can be regulated by congress, if -- and i'll quote -- in the aggregate, it has a substantial economic impact on interstate commerce.

don't the uninsured impact us all, because they drive up the cost of my health insurance. >> not necessarily. but the case have also saidy cannot pile and pile -- you cannot pile and pile on activity and cannot bring one activity onto the other and, you go to the gym, me going to the restaurant and whatever. as long as i keep it interstate and people are going, paying for their medical care and -- or are not getting any medical attention, and are not asking the federal government for anything, that does not affect interstate commerce. >> gregg: some people never buy health insurance and live long, healthy lives and pay for it out-of-pocket and it's cost-effective for them and there are a lot of people, thousands of people, who, i hate to get personal like my grandmother, christian science, lived into her 90s, never saw a doctor and never went to the hospital and you will force her to buy health insurance. >> it rubs a lot of people the wrong way, especially those who oppose obama care and the truth

is there are 46 million uninsured americans, when they get treatment, maybe your grandmother, they go to the emergency room. and, a lot of them don't have money to pay for what happens in the merges room, and, who pays for it, other american citizens pay for it and it affects interstate... all i'm saying, gregg, it is a good idea to force them to buy insurance when they don't want to but under the constitution it is probably legal. >> or they don't go to the emergency room and get the care -- gregg: but millions do. >> many, many do not, and -- >> gregg: under federal law hospitals have to treat them. >> but for those who don't, do they affect interstate commerce? they don't. >> gregg: to show you how far the court went, scalia, there was a kashs someone was growing marijuana, locally, to... >> gregg: that is a 2005 case. >> and scalia -- and even he held in that case, that growing

it in your backyard still affected interstate commerce because the dea... >> we are talking about growing marijuana versus using medical health care and there is' big difference there. >> the person was growing it for health care. >> scalia made the decision on starry decisis, previous cases and people were growing wheat on their own farms, not for sale, for their own consumption and, the supreme court said it affected interstate commerce. >> let me do something radical and say then the decisions need to be changed and there needs -- >> where do you stop, because, you know, other decisions -- >> going to the gym. will be the place -- >> i stop with gregg going to the gym, but based on the commerce clause, prohibited racial discrimination in the south and the court based it on the fact candy bars were brought en by in the state commercial and sold to black people was used as a reason to ban discrimination and they will say

that is not legal, lis. >> gregg: i'm betting either or both of the florida federal judges will rule against -- >> i agree. >> i think they will but in the end it is a democracy and if you don't like obama care, vote it out. you can't depend on judges to save us. >> gregg: lis weihl, paul cowan, we have to save... >> penalty tax. 100 -- >> gregg: unconstitutional, too. we'll leave it for another day. >> julie: emergency room doctors are turning to ct scans to diagnose patients but are the tests hurting more than helping? the dangers and banks you needed to know, the a-team breaking it down for you. a new study that you need know about, next.

>> gregg: when you or a loved one end up in emergency room you want whatever test it will take to fix the problem but are doctors overusing ct scans on patients. >> julie: according to the cdc the number of ct scans ordered in emergency rooms has nearly tripled in the past year. past ten years. but, what is not rising is this number of injuries diagnosed with the scan. so what is going on here, dr. kumar is a member of our medical a-team and assistant professor of medicine at mt. sinai hospital, and why is it doctors are overusing the scans. >> they are efficient and they can diagnose a liver or a spleen laceration in the case of a car

injuryappendicitis, it gives us a more reliable diagnosis than a physical examination and we've substituted the reliable physical examination for cat scans, and that is part of the problem, coming into play. so, we are overusing cat scans and it is a problem, because of the exposure to radiation and the expense and the report revealed that the cost increased 123%, over the last ten years, because of the overuse of ct scans. and, then, as well as, it does clog up the emergency room, because you can't do a cat scan on every patient, there are only 2 or 3 in the emergency room. >> gregg: if you or your loved one ends up in the emergency room before they haul out the ct, what questions should i be asking. >> ask if you really need to have it. is there anything that can substitute for it, maybe they can run x-rays, in the case of soft tissue injuries, an mri

might be better and will have a better diagnosis and not have radiation associated with it and sometimes, monitoring is reliable, and can they send you home feeling comfortable and you will be able to know something is wrong and come back. part of what they are concerned about, maybe the reason for overuse of the cat scans is defensive minute. >> gregg: they are fearful of lawsuits and so they have to run everything. >> it is a little bit of the public also being a little bit more reasonable and saying, maybe if we didn't get the cat scan but i can go home and if i don't feel well, i will be able to come back and that will dissipate some of that but the bottom line, it is a good tool and we need to use it and it can be a life-saving measure but when -- a minor injury we may not need to use it. >> julie: are there other ways, i guess, that would be as efficient as a cat scan? you said there are a lot of

illness that and not be caught with an mri and isn't it better to be safe than sorry or do the dangerous out weigh the positive? how dangerous are they. >> it is a lot of radiation from the cat scan, one is equivalent to close to 400 x-rays. so, we want to be sure that the cat scanners are well covered in the emergency room, in other words, they are being regulated and give a low dose amount of radiation and in addition, we want to use them with some judgment and shouldn't be afraid as physicians to rely on our physical examinations and our own medical judgment in using a cat scan and determining whether or not it is really needed. >> gregg: a young girl, could it cause problems later on in life with reproduction? >> there is no evidence to suggest that, we haven't had a study suggesting that. >> gregg: i had a doctor tell me that one time. >> there is really no large enough study that has given us evidence to that but we know with cat scans and with

overexposure of radiation and people who have had a lot of x-rays and cat sans and radiation treatment are more prone to developing cancer and there is a one to two percent, association of cancer with radiation treatments. >> julie: doctor, thank you very much. >> thank you. >> gregg: that's going to do it for us, thanks for being with us, this hour and fox news sunday is coming up next. >> julie: i'll be back in one hour and before we go we want to introduce to you one of the giants' biggest fans. that is addison and her aunt melissa, my daughter has no chance to root for the joints today. >> gregg: bye-bye. use just once per day for dawn-to-dark hold. it is important to use the product as directed. fixodent and forget it. so you think your kids are getting enough vegetables? yeah, maybe not. v8 v-fusion juice gives them a full serving

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