of three from staten island is saying about himself and for himself. "fox & friends" starts right now. >> welcome aboard studio e, everybody. kind of a rainy start here in new york city. and gretchen, welcome back. hope you had a nice columbus day off. >> i did. i made a huge scarecrow with my kids! >> that's really fantastic. >> always good to keep the crows away from the crops. >> that's exactly right. there's a crow right on his shoulder. check it out. come out to connecticut and look at him. have to do some headlines for you this morning. big breaking news overnight. explosion aboard a nato helicopter has left two people dead and 10 others were hurt. it was near the pakistan border when the blast happened. there's a report that the taliban is claiming responsibility. that's not been confirmed yet. explosions on board choppers extremely rare. in the past, the taliban has shot down helicopters belonging to foreign forces. major nidal hasan accused of

murdering 13 people including a pregnant woman starts a legal process today that could end with his execution. for the first time since the shooting rampage at fort hood, those who survived will come face to face with hassan. all 32 of them, the military hearing in texas will last three weeks and the fundamental question, though, whether it was a workplace shooting or a terrorist attack. detailed tips to kill americans published in a new terror magazine. al-qaida in yemen releasing a second edition of their on-line magazine and encourages future militants to open fire during lunch and murder government employees. wanted, radical american cleric who wrote two articles in that magazine. the release of that magazine comes 10 years after the bombing of the u. s. s. cole, al-qaida attacked the navy ship in the harbor leaving 17 sailors dead.

the family of those victims demanding justice. the alleged mastermind has been in gitmo for eight years and still has not been prosecuted. this case was put on hold after accusations that he was water boarded. and those are your headlines. >> meantime, we're less than 24 hours away now from the mine rescue in chile. starting at midnight, the 33 men will be lifted to the surface one by one. their entire rescue would not be possible without our next guest. on the phone from chile is the u.s. drill operator who broke through the chamber where the miners have been trapped since august 5th, jeff hart. good morning to you. >> good morning. >> how did they get your number to say we have to call jeff hart to help out the people in chile. weren't you in afghanistan? >> yes, actually i was. you know, this geotech, the company that actually drilled the pilot hole into the tunnel first is a sister company of ours and so when we had more

experience in the large diameter holes with hammers, they, you know, the management from that company obviously called the management from our company. and in turn, i got a call in afghanistan which is obviously an important job as well but nothing like what we're into here. >> right, over in afghanistan, jeff does a lot of drilling, water and stuff like that to keep our service men and women supplied with water. now, jeff, you've done a lot of drills -- drilling before. but never have there been 33 lives that have hung in the balance. how nerve-racking has this been for you? >> you know, it's incredibly nerve-racking. it's one of those things where every day, you put more pressure on yourself because one more day in that mine so obviously, it's the most important job, obviously we've ever done. >> jeff, explain to us because we are not the experts that you are.

what have you done? what have you been doing all these days while we've been waiting to see if they can be rescued? >> as far as while we've been here working or -- >> yeah, what have you done? how have you done this drilling process? >> it's a process that we drilled a 12-inch pilot hole down to the mine and then obviously we had some problems in there. and then we opened that hole back up to the 28 inch hole to be rescued so it's been a very long, hard fight. we assumed we could do this a little quicker than we did but we kind of fought the elements along the way as well. >> first thing we heard is they weren't getting out until christmas. you're way ahead of schedule and now you have to be a cylinder for elevator for these miners to get in so as that process is about to begin, i understand you're leaving. >> that's correct. this story is really about the

miners and their families. you know, we've done our part. we came to give them an avenue to get out. that job is done. we've done everything the government has asked us to do and we're going to kind of watch from a distance. we'll head to santiago and spend a little time and hopefully by the time we're out of here, they've got them out and we can do a little celebrating in chile. >> you don't normally drill a hole that big around, obviously and along the way, you broke some bits. tell us what you hit. >> well, you know, to start, we hit a roof bolt obstruction. the passageway of this hole actually passes the tunnel, the entry tunnel three to four times rather close and so obviously, as they built these tunnels the roof bolts and everything that stick out but the main portion of the bit problem has been the rock. the rock here is extremely,

extremely hard and it's very, very abrasive. so made the situation difficult. >> jeff, so tell us the timeline, when do you believe we'll see the first miner come to the surface? >> i would think sometime either early, early morning or, you know, mid morning tomorrow, i would think. >> all right. very interesting. in 24 hours, they will be free after almost two months underneath the ground. jeff hart, the man, one of the men who made it possible, u.s. drill operator. thanks for sharing your time with us today. >> thank you. have a great day. >> unbelievable. >> there they are. gets the call, can you go to chile and dig out miners? ok, i'll do it. >> the company there couldn't do it. wasn't equipped to do it and he's one. best in the world and that's why he is there now. >> all right. let's talk about something a little less important. ok, a lot less important but politics here with three weeks left, we have to find out if the democrats can make a comeback and stave off what looked to be massive gains for republicans. and the democrats think as

though they got the perfect issue, gretchen. it is let's blame the massive amount of money that has been raised by republicans on the influx of foreign funds. we don't have any proof but show me that the chamber of commerce is not taking these funds to support republican candidates from other nations. >> it's a bit of drilling political style! >> ok. >> to do a transitional tie-in. >> somebody is getting the shaft! >> good, steve, we'll carry on that trend. who's doing the drilling? yesterday it was joe biden, the vice president of the united states. here's what he said when he was campaigning in dixon city, pennsylvania. i challenge karl rove to tell me this money isn't coming from millionaires and billionaires, oil companies major executives. what they're doing is the democrats are now firing against karl rove and ed gillespie, two of the prominent people behind raising money for republicans and filtering that money into campaigns to help those people get elected but the accusation is that money is coming from foreign sources and being used in these campaigns. >> and the crazy thing is "the

new york times" has already said there's nothing to this story and the white house has even said there's nothing to this story. karl rove was on the hannity show last night. he fired back. >> i think this is stupid on the white house's part. this is an attempt to mislead the american people to draw their attention away from the news that came out last weekend that it's really bad for the democrats. >> also did, joe biden said, i challenge them, republicans, if i'm wrong, i'll stand corrected but show me, show me, folks, he rarely uses that word, they're trying to buy this election to go back to exactly what they did before. watch what happens in the next 2 1/2 weeks. watch what happens because this is going to be a tight race moving ahead. so he's challenging republicans to prove a negative. >> right. >> and ed gillespie, one of those under attack wrote an op ed saying this is the democrats' attempt to steer away what he calls the job killing policy. they're looking for a distraction, we're three weeks away from the vote.

>> according to the vice president, in the united states, you are guilty until proven innocent. got to prove negative as you put it. >> right, the guy in charge of chamber of commerce said, i'll tell you, joe biden, not a single cent. not a single cent of the money that we raised to support the american futures fund or crossroads u.s. has been raised from foreign funds but a lot of people give to crossroads because they want to be anonymous. is there anything wrong with this? >> the bottom line is this election is about the economy. not about billionaires and foreign funds and who is funding whatever. the american people care about jobs right now. wake up and smell the coffee. that's what they care about. the idea that now suddenly, a voter is going to say, wow, i wonder where that financing is coming from. i don't think people care that much about it, to be honest with you. they want a job and they want to make sure their pocketbook is fat. >> somebody with a fat pocketbook is george siros, a billionaire that has been

funding democrats for a number of years and he was asked from another nation -- >> exactly right. from hungary, i do believe. he was asked about the possibility of, perhaps, the republicans taking over one or two houses of congress and he responded this way. he said "i think they are pushing the wrong policies but i'm not in a position to stop it." he's apparently sitting out this election cycle. "i don't believe in standing in the way of an avalanche." ladies and gentlemen, george soros thinks a republican red avalanche is coming to america on the date of the midterm elections. what did i tell you? >> if you want to go down the road of international financing of a campaign, we have so many questions in this country about where all the money came from that allowed president obama, senator obama to become president obama in 2008. >> right. >> at 10 minutes after the hour, an issue that gretchen carlson stayed home to avoid talking about yesterday. >> i'm all for streaking. >> you're pro streaking. >> why not? this guy was definitely pro

streaking yesterday. you're looking right here, luckily not fully looking at juan rodriguez. so what did he do? he met the challenge of a blogger who said hey, i'll pay somebody a million bucks if you get naked in front of the president and the president has to be able to see you. so -- >> and hear you. >> juan went out and did just that because he said he needs the money for his family. >> yeah, he -- here is -- here is the streaker speaking out last night about what he was doing to advertise and what he was doing to help his family and his sick sister. listen. >> i didn't do anything to hurt anybody. i didn't do anything that, you know, that destroyed any property, you know, i didn't do anything that i could have actually that bad at all. >> i hope he doesn't take it any type of way. i fully support him. i think he's a great guy and does a great job for our country. >> he likes the president but the guy who asked for the promotion for his web cam reality social network show and he got it.

the guy wrote it on his body. better get his million bucks. >> you know, according to this guy, he started about 10 yards away from barack obama and brian, he has something in common with you. >> which is. >> the way he was able to do it. he took off his shoes and socks and just like you on your wedding day, he had velcroed his clothes together because brian had velcro pants on his wedding day. >> you can twitter that. >> i have nothing to say about that. >> you were wearing shorts under them, this fella, mr. rodriguez was not. >> you've proven your fact. coming up straight ahead, another scene backfires on the set of "transformers 3." that car not part of the movie. a real police officer dragged into the drama. then -- >> lawmakers considering the nationwide freeze on foreclosures, should we be helping struggling families temporarily at the expense of the entire economy? it's a very hot issue right now and stu varney is here next to dissect it. >> what happened to cutting wall

street's big paychecks? big shots making more than ever under president obama. how much? details straight around on this tuesday, live from new york city.

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♪ another day ♪ another dollar >> housing analysts are saying that the foreclosure stoppage could actually be a good thing in the short term resulting in some time for people to live rent free and focus on chipping away their debt. but in the long term, results could be devastating. prolonging the housing depression for years to come. >> what about the compassion? joining us right now, stuart varney from varney & company on fox business network. a lot of people see the faces behind the foreclosure and their heart goes out to them. isn't this something that will help them and would, therefore, help us?

>> you could construe it that way, yes. people that are being foreclosed on because they haven't paid their mortgages may be able to stay in that home for more months or maybe even up to a year extra. short-term gain for some people. however, if the democrats or any politician thinks that this is a political winner by foreclosures and freezes there on and thinks that is a political winner, i think we're barking up the wrong tree. i don't think that's the case at all because longer term, you have enormous problems with the housing market and what about those people who are paying their mortgage on time? they are now subsidizing for another year those people who should be losing their homes. >> right. you know, stuart, it is a tough sell. you know there are some democrats on capitol hill who are scratching for their political lives. they think this is a winner for them. it's us and washington, we're standing up to those darn evil banks. >> beat up on the banks. maybe a short-term political winner for some people. senator reid from nevada, he is

leading the charge for a foreclosure freeze because nevada is the epicenter of foreclosures. maybe there's a short-term gain for him in his states. >> but the white house isn't. interesting, david axelrod has not embraced this at all. doesn't think a nationwide moratorium on foreclosures is the way to go. because he sees that banks do need some income, correct? and if that housing income stops, the banks stop. >> well, look, there are two crises in this country. jobs and housing. if you have a foreclosure freeze, you make the housing crisis worse and you extend it. is that in the political interest of the administration to make a crisis worse? i don't think so. >> where's the paperwork problem fit into what you're saying. do you feel as though there should be a little bit of a mulligan there for people who foreclose on early or have their -- >> i don't know what you can do about this. because lawsuits are running the whole foreclosure freeze. that's ground zero and where you

have to start with this thing. these are not going away. many times the signature is wrong or from out of state illegally so you've got to hold up those foreclosures on that process. look, there's no stopping it. you have a day facto foreclosure freeze that's rapidly coming to this country. that's a huge problem. >> and it's a big problem. thanks for talking about this today. we'll be watching for the stuart varney report on fox business kicking off at 9:20 this morning, right over there on the fox business network. >> thank you, steve. >> varney & company. meanwhile, straight ahead, parachute problems that caused panic in the sky and an emergency landing in the forest. look out, wallabys. should prison inmates be able to sue the prison by reading books about murder. hey, guys. jennifer hudson here.

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>> time for some headlines this morning. opening statements today at the first civilian trial for a gitmo detainee. the government moving forward without its star witness. a person they once said was crucial to winning the case. he is charged with the 1998 bombings of two embassies in africa, american embassies. you didn't have to be gordon gecko to have a good year on wall street. financial institutions are expected to pay $144 billion in salary and benefits in 2010 and that, gretchen carlson is an all time high. >> wow. that's a lot of fees.

investigation by the associated press found thousands of prison inmates in connecticut have unrestricted access to some of the most violent and graphic books ever published. convicted killer steven hayes, his lawyers actually asked the judge to throw out the list of books he read behind bars before he was released and then murdered jennifer petite and her two daughters in 2007. the judge did throw that out. now it's bringing it to the forefront. should prisoners have a right to read whatever the heck they want? connecticut state senator john kissel says no and he wants the books taken off the shelf but randy is a defense attorney thats removing the books violates prisoners' first amendment rights and they join me for a fair and balanced debate. good morning, gentlemen. >> good morning. >> you were watching this trial closely with steven hayes as much of the nation was. it was a horrific home invasion. your problem was that he was already in prison and then released before he did those murders and he read a bunch of graphic, violent books and when you found that out, you said this has to stop. >> well, to be very honest,

some of the books that he had access to had strange parallels to the actual home invasion and murders. for example, in cold blood. it strikes me as just common sense that folks that have a proclivity towards violence shouldn't have access to books that depict violent crimes, true crime stories. i don't think we want violent inmates to have helter skelter or the onion fields or "in cold blood" as ready access to they could sort of think about and fantasize about and, perhaps, go out there and mimic those crimes. >> how could you argue against that? >> it's very simply quite honestly. it's not about the prisoners. it's about the constitution and here's your tie-in. the same way judge kaplan i'm sure wasn't happy about throwing out, not permitting the government to call a star witness in the embassy bombing, it's because of the constitution and here, a prisoner does not check his constitutional rights at the door. there is a right to expression.

there's a right to free speech which means there's a right to receive that free speech. and who is going to be the arbitor and determine what's too violent? there's plenty of violent stuff in the bible. are we going to ban religious books? in order to protect everybody, certain people who we may not be thrilled about protecting are going to be protected. >> do you have any ideas about you how you could rate books? i mean, movies have ratings. i'm thinking about that. we have g, pg, pg-13, r. could you do that with books? >> absolutely, i've been in close contact with commissioner leo arnoni here in connecticut and i'm trying to do this pragmatically and using commonsense without necessarily passing legislation. what we're doing now is working with the executive branch to examine federal bureau of prison policies trying to learn what best practices are. my notion is what's good for leavenworth should be good for the state of connecticut. some of these books may have had litigation behind them so we know what the parameters are but certainly, we've decided that these inmates have committed crimes that said we've taken

away their freedom to move about, they're incarcerated. limitations to what they have access to as far as books. there's so many books, why don't you limit it to those that don't talk about crime. >> i have to go with the state senator here. it seem to make sense, for example, prisoners if they commit a felony, many times they can't vote again, right? i mean, don't we take away some privilege? >> but we don't take all of them and don't take away the first amendment. bottom line here, again, there are going to be people that are going to benefit, perhaps even unfairly but a prisoner is a citizen. a citizen has constitutional rights. everyone has constitutional rights. they have to be protected. and who again is going to be big brother again? who is going to determine what's appropriate, what's inappropriate, we are injecting too much government in once again and what's going to be next? are we going to stop you from reporting what you want to report because maybe it's too violent? >> no. let's let our viewers make up their decision. who's right on this whole debate? let us know. e-mail us, fox and friends.com.

thanks for your time this morning. >> thank you, good morning. >> another stunt goes horribly wrong on the set of "transformer 3" that police officer was not supposed to be part of the stunt. then a school caught snapping pictures of students sleeping at home. now the district has to pay up. and should the president have hired a career politician as top national security advisor? many saying nope. the former chair of the joint chiefs of staff during 9/11 will join us live. and happy birthday today to hugh jackman, the actor turns a very young 42. [ female announcer ] during endless shrimp at red lobster, you cahave something decadent with something grilled. then something crunchy, then something new -- like parmesan shrimp in a buttery garlic sauce. and after that, you can do it all again.

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>> another top person has left the obama white house. national security advisor jim jones. he's gone. you know, the white house is like "dancing with the stars" every week somebody gets voted off now. >> the word is, too, he was voted off. told to leave early and thanks to bob woodward's book. >> we'll talk a little bit about that with general shelton in the on-deck circle. he's got a great new book out called "without sacrifice." "without hesitation" that is. >> you can ask that question. convoy of suspected drug hitmen ambushed police on a mexican highway leaving eight dead.

gunmen attacked police in the marijuana producing state. that place, too, in western mexico. more than 28,000 people have died in drug-related violence since the mexican president began an assault on drug gangs four years ago. >> troubling developments in the search for a missing 10-year-old girl, dara baker. police dogs indicating the smell of human remains in family cars outside of her home. and investigators found a ransom note demanding $1 million in her house. right now, the girl's stepmom is a person of interest. zahra reported missing from her home in north carolina. she survived bone cancer and has a prosthetic leg. >> that's awful. meanwhile, filming on "transformers 3" the movie suspended again after another accident on the set. take a look at this. oh, man. during filming, the autobot bumblebee, that yellow camaro

smashed into a washington, d.c. police cruiser. the officer was responding to an actual call and didn't realize they were making a movie right there. that officer was taken to a local hospital with minor injuries. last month, an extra gabriella sadillo was injured on the set and left permanently brain damaged. her family is now suing. >> some entertainment news for you this morning. courtney cox and her husband of 11 years confirmed they've been separated for several months but say they're still best friends and love each other deeply. they have a 6-year-old daughter. gossip sites say cox is reportedly moving on with another movie, best known in hollywood circles for allegedly punching lindsay lohan in the face at an l.a. nightclub. wonder if that's on her resume. >> actress/bartender. now, let's take a look at somebody by the name of paula. hurricane paula now off the coast of honduras and

evacuations with under way. paula is headed north and expected to brush mexico's yucatan peninsula. right now, it is just a category 1 storm. 75 miles per hour is the maximum sustained winds. meanwhile, let's go and check out this. high winds, hail and blinding downpours hit the new york city area and the tri-state area as well. last night, hail the size of quarters reported. flooding seen in parts of new jersey. in particular my backyard. also, in new york, and connecticut as well. and in fact, they had to delay the game last night for a little while and brian kilmeade follows up on this important weather story. >> they could have delayed it longer. >> for you. >> monday night football, bret favre who is really old and somewhat in the middle of controversy and randy moss, back in new york to take on the jets. well, first he apologized to his team. i don't know if they accepted it. let's pick it up in the fourth quarter. favre on the big pass 12 yards out for the score. vikings down just two with under

two minutes to go. would this be a last minute victory? favre would get into field goal range and win the game. he's picked off. 26 yards for the score. the jets win. favre had two fumbles in the night. both came in the first half. he's the all time leader in that category. he was crying when he apologized to the vikings. he really should have apologized to the jets. am i right? game 4 between the yiengiants a braves in atlanta. tie game in the eighth inning. everybody loving this one. cody ross, r.b.i. single. it scores the player. giants lead 3-2. in the ninth, the braves would threaten. and you'll see it. brian wilson would end the braves' season. grounds out with two on. sends the giants bobby cox into retirement as the fourth all time leading manager in terms of wins. they win the best of five, 3-1 games. they face roy halliday and the

phillies. phillies looking good. drew brooes is an unusual reque for twitter fans. my wife is due for baby number two. looking for baby name suggestions. bres and his wife already have a 2-year-old. they named on his own, a wonderful name. he was made famous by the super bowl pictures like that one. bres is expected to go in any day now. when you give birth, you do it together. >> sure. like we're pregnant. >> yeah. >> looking for baby names that start with the letter b. if you've got a good baby name for drew brees' baby, e-mail us right now and we will send them along because we know him. we have met him. >> that's true. 23 minutes before the top of the hour. >> president obama's national security advisor james jones is the latest advisor to join the

exodus from the white house. obama named the washington insider as his replacement, a choice that's raising eyebrows. defense secretary robert gates said his appointment would be a "disaster" so is the president's choice setting up a clash between the white house and the pentagon? we're joined by the retired u.s. army general, hugh shelton, former chairman of the joints chief of staff. reportedly gates said that guy will be a disaster and now he's coming in. >> well, i think first of all, let me say jim jones is a great marine and a good friend and i think the world of him. in terms of him, i don't know him that well. secretary gates has been in the business a long time so he knows all the personalities involved so -- >> he's been very close to biden in the past. >> he has been. >> his wife is his wife's chiefs of staff, i believe, joe biden,

donilon's wife. was it not the case that donilon was more in favor of not sending any kind of surge troops no afghanistan? if that's the case, what does that mean for the future of the war efforts? >> i think the future of the war efforts is directly tied to what our ultimate decision is in terms of whether or not we stay the course and allow karzai to have a stable government before we actually pull out or whether or not we go with a set timetable and start pulling out regardless of how well the karzai government is doing. i can't imagine we'd do that. it would almost be irresponsible for us to just pull the plug if we -- if we need more time. if that's the decision, then we need to rethink where we are right now in terms of our withdrawal timetable because certainly the taliban and al-qaida are watching that very closely. >> by the way, general connolly said the same thing. he said it's helped al-qaida and the taliban to know that we have set a date for pullout and if you read woodward's book, you know that he is set in stone,

he's pulling out troops in july. he made everyone around that table, generals included agree to that. what's going to happen in july? >> brian, i think once again, come july, we'll have to revisit it as we've done so many issues in the past and say well, what i really meant to say was, you know, we've done that a lot. so -- >> what's with this book "without hesitation" why that name? >> that came out of the oath of office i took. without hesitation or reservation when i signed up out in the rose garden ceremony and that's the way i approached every mission that i'd ever been given, without hesitation or reservation. >> one of the items you touch on in your book is you had the opportunity to, you thought, take out osama bin laden and the department states it's sorry, can't do it. >> well, there are lots of "opportunities" that we've had and most of it had to be based on actual intelligence which was always the missing link that we could really nail him down. there were a couple of times there when the risk of pretty

high of collateral damage, if you will, if we didn't get him and we ultimately decided not to do it and found out later we made the right decision because we would have killed a lot of innocent civilians and would not have gotten osama bin laden. it's just a matter of time. >> sure. >> you have all great ideas about leadership leading people and making decisions in this book and the play by play on what happened with the last administration and the one prior to that. >> good luck with the book. nice to meet you. >> my pleasure. >> coming up on the show, health care was supposed to save money. the stimulus was supposed to save the economy. is president obama stuck between a rock and a hard place when it comes to his political future? the radio rumble. they're going to weigh in next. >> first, quote of the day, who said how do i feel about jokes about my hair? doesn't bother me. but i feel like i should be paid more because my hair is actually another character. [ bob ] i'd love to build bird houses for the rest of my life.

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>> are you ready to rumble on the radio? we are. president obama's inability to jump-start the economy continues to hurt his popularity. the latest gallup poll has his approval rating at 45% down from a sky-high 66% when he took office and with the midterms less than a month away, it looks like the president will have to wait to tackle his agenda. but is his administration already in over their head? with our radio rumble today, we are joined from philly by dom giordano from washington, d.c., mark loven and from boston, michael graham. thank you very much for joining us. >> good morning. >> thank you. >> now, the reason we say that mike halprin writes in "time" that the white house is in over its head. would you agree with that? >> they are so far deep in it that they're already debating in the white house who is going to climb out last when the rescue

shaft finally reaches them from the drillers above. this is an absolute disaster. they keep making it worse. you lose general jones who you were just talking about earlier with general shelton for this lobbying hack. he lobbied for citigroup and lobbied for goldman-sachs. he worked on campaigns for carter and mondale. i'm feeling a lot better. not only are they underwater, they're bailing water into the boat! >> hey, what are your listeners telling you on the radio there in philly about this? >> well, i think they think that's true. it's right. that every day we see another guy jump off the ship but in addition to that, my listeners and what i think, it's more agenda driven that these guys are driven by this agenda. they're not completely clueless. they're just determined to push this through and i see it more of that and they're arrogant. we knew that from the very beginning, very arrogant and as a result of that, finally the elites are turning on them. who knew? >> mr. halprin writes the white

house is in over its head. clueless and insular. i have a feeling you disagree. >> they said that very clearly about george w. bush and he had approval ratings in the 20's. when you're looking at the gallup poll you cited, 45% it's better than the two most successful presidents of our generation, ronald reagan and bill clinton both had lower approval ratings at this point in the presidency. >> yeah, but george w. bush, you mentioned george w. bush, at his point in the presidency he had an approval rating of 65%. >> that's true. just after september 11th and we know it was down in the 20's before he left office. look, we're in a tough economy right now. everybody knows it. republican party is determined to keep us in that tough economy. that's why they're voting to move jobs overseas and voting against small businesses, voting against tax cuts! who ever knew the republicans were against tax cuts. they vote against middle-class tax cuts, they're trying to destroy the economy to take obama down the way rush limbaugh wants them to fail and you know what -- >> all those democrats that the president has, what are they

doing? all them are running away from them. i was in philadelphia. none of them were on the stage with him on sunday. none of them wanted to be there on the stage with him. >> michael, what about the fact that the president and his men have now attacked the chamber of commerce? first, it was bush. then it was boehner, now it's business. it looks like this, attack on big business and the chamber has backfired. >> first of all, it's backfired because what mark just said is an absolute lie. voting to not raise taxes is voting not to move jobs overseas. by the way, the white house is going back from this lie about voting for the americans for tax reform deal being a job killer but what's interesting to me is the fact that president obama as a guy is still relatively popular. people like him. dom is right. this is about policies that didn't work. the stimulus didn't work. obama care is increasing the debt, period. those are the facts. >> give you 15 seconds. >> hey, again, i come back to the chamber of commerce is a

loser. it fell flat in philadelphia, the president's speech on sunday. those folks are saying we want jobs and the economy. what are you talking about chamber and commerce and all this goofy stuff? >> good job with that naked guy in philly, dom. and mark, final word on that. >> highlighted. >> the chamber of commerce is taking money from communist china and russia, vladimir putin, and the president is right, foreign countries should not be -- republicans should return foreign money. >> one at a time. >> give us more! >> ok, great. very lively tuesday morning. our thanks to dom and mark and michael. listen to them on radio stations all over the country. guys, thank you very much. >> thank you. >> by the way, the president is taking some shots at karl rove over the last 48 hours and mr. rove will join us just about 50 minutes from heigright now at 7 eastern time. a terrorist set for deportation. one problem -- nobody wants him so let's just let him go free in

this country? is that a possibility? andrew napolitano, the judge is on the case. and the president flew this teacher all the way to washington, d.c. to talk about all the jobs he saved. that teacher just laid off.

>> time for some quick headlines and wasn't that a great radio rumble a moment ago? a philadelphia school district will pay $610,000 for taking web cam photos of students by hacking into their school issued laptops. we've been telling you this story over the last year. one teenager is getting a

$175,000 settlement, floer gets 10 grand and a lawyer is getting the remaining $425,000. school officials were trying to track down stolen computers when they turned them on. then new video of a skydiver being rescued. he was stuck in a tree for nearly three hours. officials think the man's main and emergency parachutes deployed at the same time making it tough to steer. he landed in the woods in dunstable, massachusetts. don't worry, he's ok. gretch, brian? >> all right. let's talk about this guy. he was a key player in the 1999 failed attempt to set up a taliban training camp in oregon. he's been linked to terrorists involved in the london subway bombings and to osama bin laden. not to mention, he's a convicted sex offender. >> after being released from federal prison in 2006, ice took him into custody pending deportation. the problem is no country wants him. no longer in ice custody, osman

has been under restricted supervision wearing a g.p.s. tracking device on his ankle since 2008. now he is asking a federal judge to remove the ankle bracelet citing the government's failed efforts to find a place to send him so could he be freed into the u.s. population? fox news judicial analyst judge napolitano on the case. judge, could he be out? >> very unusual case. this guy was in the united states army for two years. >> what? >> the united states army as a united states citizen and fought in iraq. he then came back here and apparently got radicalized. and turned state's evidence. in fact, if you remember a guy named ujama from oregon, this was the principal witness against him. in turn for being the principal witness against him, the government did not prosecute him. now, nobody knows what to do with him. he was an american citizen. they want to strip his citizenship from him. they want to deport him to another country. no country will take him. he served his time in jail for the crimes he committed here. he's supposed to be as free as the rest of us.

it's an odd area of the law where there is no precedent as to what should happen to him. my guess is the bracelet comes off and he'll be free. the government can watch him just like the government watches anybody that it thinks is about to commit a crime but can't interfere with its freedom. >> this is so scary, the reason is he was never convicted of a terrorism related offense. >> correct. the reason he was never convict of a terrorism related offense is because he was involved with some people that were convicted of terrorism related offenses but he went to the f.b.i. and he was the principal witness against him so he was not prosecuted for what he did with him. >> he's reformed his ways to feels bad for his crimes. >> well, he served his time in jail. >> but he's still a good terrorist. >> he hasn't been convicted and he hasn't been charged. >> ok. >> so he's just as free as the three of us. >> he is a convicted child molester and has registered. >> so lethal injection, right? >> no. no. >> due process, kilmeade!

>> thanks, judge. democrats including former president bill clinton ganging up on the west virginia republican in a tight race for senate. is from any truth for the late e slams? he'll join us live coming up. so what happens if someone gets my credit or debit card and buys a ton of stuff? that would be... really, really bad. [ male announcer ] with banof america's zero liability guarant, you're not reonsible for any frdulent charges on your card. guaranteed. bank of america says they'll credit any fraudulent charges back to my account s soon as the next day. the next day! that makes me feel bet about using these cards. they've got my back. they've got my ba. [ male announcer ] the opportity to worry less abt fraud with the zero liility guarantee from bank of ameri.

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>> good morning, everyone. it's tuesday, october 12, 2010. thanks for sharing your time with us today. joe biden getting in on the misinformation act claiming he knows where republicans are getting their campaign cash. but the only proof we have is where the democrats' questionable money is coming from, karl rove responds to the personal attacks. >> ok, president obama had them stand by his side when he pledged $26 billion to save their jobs. now, one of those teachers fired. >> oh, boy! meanwhile, the pot industry is looking to get legitimized and have marijuana legalized. so who do they turn to? big labor. the unions are going to pot. can you go for that?

>> ♪ no can do i can't go for that no no can do i can't go for that no ♪ >> there's your answer, steve. >> yeah. >> hall and oates. one of them a birthday yesterday. >> both of them. they were born on the same day. >> they were not. >> they are not twins. >> i think it was hall. >> that's alisyn camerota and myself. >> what do you mean? we're -- the weekend anchor of "fox & friends", we share the same birthday. >> you're both -- >> with hall and oates. >> how do you know my birthday? very easy to remember. >> that's hysterical. >> 6-21 goes in almost perfect order except for the four, three, and the five. not sure. >> huh? >> 90 seconds after the top of the hour. >> rescue operation for the 43 chilean miners is set to begin tonight. they've trapped for more than two months underground. steve harrigan joins us from san jose, the mine in chile.

you are about to witness something spectacular. >> it is really remarkable and a real sense here on the ground. they call this makeshift camp, camp hope and today there is a sense of hope that finally after 69 days, all the drilling, all the preparations are in place. what we're waiting for now is darkness, nightfall fortunately that's when the operation is going to start. this is the government that has repeatedly set very conservative expectations and then beaten those expectations. right now, they say they'll begin at midnight local time, 1 is 11:00 p.m. eastern to pull those miners up from 1/2 mile underneath the ground. they've built a platform to hold that giant crank that's going to pull them up. it's going to be quite a ride for the miners. it could take anywhere from 15 minutes to an hour inside a capsule. a capsule that will rise and spin at the same time. they've given -- they've been given protective clothing including some compression vests. that will prevent blood clots on the way up.

it's likely some of the very fittest will be the first men up in case anything goes wrong. but a real sense of expectation finally a nation that has been watching and waiting will see not only a feat of technology but feat of human endurance coming to an end in the next few hours. >> have they decided on an order of removal? >> apparently, the first four men out have been decided upon. they're likely to be the fittest. some else with some health problems might be next. but interesting battle over who is going to be the last man out. that's obviously a position of honor seen as the mentally toughest man if you imagine one, you know, after two months plus, they're all incredibly tough to have survived but still some jockeying for that final position, hard to believe as it may be. >> wow. steve harrigan, what an amazing story you're about to see unfold there. live for us in san jose, chile. thanks very much. >> now your headlines and

breaking news from afghanistan. an explosion on board a naval helicopter has killed one person. eight others are hurt. that's fewer than initially reported. the chinook helicopter was on the ground near the pakistan border when the blast happened. the cause of the explosion not known. there is an unconfirmed report, though, that the taliban is claiming responsibility. the home countries of the victims have not been announced. major nidal hasan accuse of killing 13 we'll including a pregnant woman starts a legal process today that could end with his death. for the first time since the shooting rampage at fort hood, those who survived will come face to face with him. all 13 of them. the fundamental question is this -- whether it will be deemed a workplace shooting or terrorist attack. >> it's been 10 years since the bombing of the u.s.s. cole and the victims' families are still looking for justice. it left 17 american sailors

dead. the families of those victims are demanding that someone needs to be held accountable. the alleged mastermind has been in gitmo for eight years but has never been prosecuted. his case was put on hold after the accusations that he was waterboarding. now, we know why a man threw a book at president obama's head. it happened at a rally in philadelphia on sunday. look, right there. secret service tells fox news the guy was an overexuberant author trying to get the president to read his book. he was caught and after a quick interrogation, the secret service decided not to throw the book at him. very clever writing. and those are the headlines. >> was that a copy of pinheads and patriots? >> from bill o'reilly. >> what is going on in politics? the president, when he was at that rally where there was a naked guy and the guy threw the book, he was attacking the chamber of commerce and now, you know, karl rove is a target and

also ed gillespie, former advisor to president bush is a target. this white house rather than have you look at the job figures because they stink right now and they're saying -- they blame bush, they blame boehner and now they're blaming big business. in fact, here's what the vice president said yesterday regarding where the republicans are getting their money. >> first, he said stand up, chuck. no, what am i talking about? he said i challenge karl rove to tell me that this money isn't coming from billionaires and millionaires, insurance companies, oil companies, major executives. well, by the way, the chamber of commerce who is supporting the american future fund, crossroads, the two organizations they're talking about, they said well, we accept the challenge. not a single cent is from foreign entitys and nobody two -- >> that's easy. >> you are allowed under the law to give a donation to a party to a group or to a party without giving your name. >> sure. >> in that case -- >> anonymously.

>> is there hypocrisy going on? democrats have had big money donors, i'm thinking of george soros, for example, given millions to democratic causes. is there hypocrisy? karl rove was on the hannity show. >> made the basis of the blog that is associated by center for american progress headed by john podesto, it does not report its donors. the president benefited from $400 million in campaign spending in 2008 by outside groups most of which do not report their donors. >> so, you know, the democrats want to crack down on big business and stuff like that but they're giving unions an absolute free ride. karl was talking there about during the campaign, obama spent $744 million on his campaign but disclosed donors of only $485

million. yeah. who were all those people? also, yesterday, on cnbc, they reported that democrats actually received more foreign-related pac money, democrats did, than the republicans. so what's that all about, mr. vice president? >> what it's all about is they're trying to distract the voters from looking at the reality of what their lives are really facing right now which is people need jobs and they need the economy to improve. and so now they're going into minutia that quite frankly most americans don't care about, ok? they're not going to pay attention to this kind of stuff but if it's a distraction, maybe people won't think about how hard things are for them right now. >> and it's just amazing, too, when you pass a major piece of health care legislation and have a record stimulus package forward and you have finance reform from wall street all in 18 months and you can't talk about it, in order to retain your seat or gain a seat, i think that says a lot. >> sure. you know what else says a lot? the fact that apparently george soros is sitting this one out. he got started in 2004, i think, and didn't go his way so he

continued on in 2008 but nope, his money now went to the environment and also into health care causes. but it's interesting what he told a reporter yesterday about the republicans' chances of winning come a couple of weeks from now. he said i think they are pushing the wrong policies but i'm not in a position to stop it. i don't believe in standing in the way of an avalanche. george soros thinks a republican avalanche is coming to america. >> see, that's very important because really right now, this administration appears to be going after the far left to try to gin up that base to come out and vote in three weeks. if you can't get george soros on your side and he thinks it's an avalanche. that's a problem for democrats right now. >> you know what's a problem for democrats is california. number one, they are in a very tough race to retain -- to get the governor's mansion back with meg whitman and mr. brown and you have the senatorial seat, they're battling it out and something else on the ballot that could bring out young

workers. that is should recreational marijuana be on the shelves like you can buy a budweiser or heinikan, can you go in and say give me a pound of pot? however it's measured. >> here's the new thing now. the pot growers if, in fact, this becomes law, they want to be unionized. they say why don't we just jump into the fray? we want those highly paid pensions, paid vacation and health insurance. what do you think about that? is that a good idea? let us know. >> yeah, so if you work in the medical marijuana industry, you want to unionize and, of course, 175 workers have joined local united food and commercial workers union and they've teamed up with the teamsters to get stuff done. and apparently, pretty soon, they're going to wind up with 25 bucks an hour and they say one of the reasons it makes sense for us to join forces with the union is because if this goes through in california, there will be legal challenges and the union will step up and pay our

legal bills. that's what they think. >> yeah, there's clippers, trimmers and cloners. evidently, they all want to be represented. let's talk about teachers because a lot of teachers and firefighters and cops we're told because of the stimulus money, your job has been saved including when amanda vanesse, a 25-year-old from ohio, toledo, ohio. >> remember, this is about three months ago when the president said if we don't pass this in congress, tons of them are going to get fired. so amanda came to washington and got her picture taken. she was in the oval office and guess what happened three months later? she got fired. she now is not a teacher anymore. and a lot of people are scratching their heads saying i thought that $26 billion was going to save every teacher's job. apparently, not in amanda's case. >> yeah, so she's been laid off but it's just temporary. it's like the $767 billion last year, all that stimulus money went to save teachers and cops' jobs for one year. now the money has run out in

many cases and the states have to make it up and they don't have it. >> their community was struggling. a lot of people picked up and left. there were no jobs so therefore, they didn't need as many teachers and this second grader is without a job. very interesting as she looks for work. 12 minutes after the hour. here's what's straight ahead. he's one of the most popular politicians in west virginia. why is joe manchin fighting for his survival to a candidate who is not very well known? >> he wants the sales tax at 23% on food and prescriptions. he wants to do away with minimum wage. that's not who west virginia is. >> republican john raffey giving manchin a run for his money joins us live next. >> plus story that brian has been worried about. the naked cowboy ordered to put some clothes on and the order could really cost him. or will the change do him good? >> i thought he was running for president. >> he yells my name out when i walk by. ♪

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>> welcome back. current west virginia governor joe manchin has a 66% approval rating. that support is not translating into votes for his senate bid where his opponent currently is leading by 6% in the polls. john raese is that opponent and joins us right now. good morning to you, john. >> good morning, steve. >> you're not supposed to be ahead. what's happening? >> well, i think what i have done is caught somebody possibly a little bit asleep on the switch. we've been running a very positive campaign of capitalism and free enterprise. it's something i've done probably for the last 26 years here in west virginia for running for senate three times now and for governor for once. but for the very first time, my conservative message is resonating like you can't imagine so we feel very good right now about where we are. >> ok. part of it could be the conservative message.

the other part could be that there are a lot of people in your state who feel that -- and you've made this kind of a campaign issue is that a vote for joe manchin is a vote for barack obama. yesterday, the governor took a shot at the president's health care initiative. listen to this. >> he and his staff lives in palm beach, florida. they're totally out of touch of what's happening in west virginia. he wants the sales tax at 23% on food and prescription. he wants to do away with minimum wage. that's not who west virginia is. >> we had the wrong soundbite right there. he's talking about you. how do you respond to that? >> you're telling me! well, you know, it's a sign of a desperate politician when they lower themselves to attack your family and certainly your lifestyle. how you're going to live, where you send your children to school. and i talk about the issues and the issues here in west virginia very clearly are cap and trade, obama care, stimulus and we have been very positive in that fact. we've given answers. we've given solutions. what we're going to do when we

get to washington. and when you start attacking once again somebody's personal life, i find it odd especially from a career politician certainly like my opponent is. >> well, you mentioned cap and trade. i saw a joe manchin ad running in west virginia where he's got a rifle and he takes a shot at cap and trade and he would not be a supporter of it either. mr. manchin must be in trouble because former president bill clinton showed up in town yesterday to support him but that came the same day that you wound up with an endorsement from former governor sarah palin. how important is that nod for you going forward? >> well, it's very important. i remember when i ran against jay rockefeller back in 1984, he was traveling around the state of west virginia with claude pepper, and i was traveling around the state with ronald reagan. so i'll take an endorsement any day and any time from sarah palin certainly over former president bill clinton. >> uh-huh. and before you go, mr. raese, how much of the support that

you're getting right now is an anti-obama initiative essentially where a vote for manchin is a vote, you say in your campaign ads for barack obama's campaign, you know, initiatives and what he wants to pass? >> well, i think there's no question obama is not very popular here in the state of west virginia. i don't think he's very popular in the united states come to looking at the scenario that i see. but governor manchin is somebody that supports obama care. he always has. now he's flip-flopping. he's supported cap and trade. he always has and now he's flip-flopping and even in the state of west virginia, governor manchin has his own cap and trade. it's called house bill 103 and west virginia, by law, right now has cap and trade so when you look at the stimulus money that he's taken, it's quite clear who governor manchin is. >> all right. now we've got a better idea who john raese is, sir, thank you very much for joining us today from west virginia. >> thank you so much, steve. >> you bet. >> thank you. >> all right. straight ahead, campaign

strategists think attack ads are the keys to victories. voters think differently. >> how many of you are frustrated? show of hands with the negativity. all of you. >> i'm tired of the mud slippinging. it's a waste of my time and the time on the debates. >> frank luntz has his pulse on the voters next. and what happened to cutting wall street's fat paychecks? the big shots are making more than ever under president obama. we'll tell you how much more straight ahead. the universe is changing captain too bad these cheap props aren't but la quinta is! la quinta inns and suites? yeah, buddy changing? lets take a gander captain they are changing! they have thousands of new rooms! and lots of neato new lobbies! they're even better than before book rooms at lq.com hey, who's captain here? (laughing) wake up on the bright side at la quinta inns and suites la quinta!

that new healthcare law sure sounds good for all of us on medicare.

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>> now it's time for the news by the numbers. first, 144 billion dollars. that's how much wall streeters are expected to receive in salary. and also benefits this year. and that is a record high. >> really cracking down on them, aren't they? meanwhile, $610,000, that's how much a philadelphia school district will pay for taking web

cam photos of students by hacking into their school issued laptops. remember we told you about this story? the district says it was trying to track down stolen computers. now they've got to pay. and finally, 1535 pounds, the weight of the winning pumpkin at a california weigh-off. it's 275 pounds. and just light of the world record. gretch, brian, over to you. >> all right, steve. thanks very much. and one of the most closely watched races of the midterm elections, kentucky senate hopefuls rand paul and jack conway faced off in their second debate last night. >> frank luntz got a group of kentucky voters and got their reactions. sounds like this. >> you've seen the ads. you've seen the debates. i want to begin with a click that occurred 10 days ago in the kentucky senate race. a clip that our participants thought was really, really negative. let's roll it. >> let me -- i'm the one that's been more specific in this particular area in this

campaign. dr. paul talks a lot about having a federal budget balanced all the way next year. he's not going to tell anybody how he's going to do it this year. to do what he's going to do would be a 40% cut and take the average benefit from $1100 to $700. if you go to my web site, i've been specific. >> that's not the most negative thing that's been said in this campaign. how many of you are frustrated? show of hands, with the negativity. all of you. but isn't it just the candidates kind of distinguishing themselves? >> well, this is a very important election and i want to hear facts. i want to hear, you know, what they're going to be doing and i'm tired of the mudslinging. it's just a waste of my time and waste of the time on the debates. >> yeah, the american people, i think, are frustrated with what's going on in the country overall and even though it's a debate amongst kentucky, that's one state but rand paul continues to talk about the country and rather than just focusing on one thing. >> i think when jack conway says you have to go to my web site to get the answer, he doesn't have

an answer. >> who is more negative? who has been more negative in this campaign, conway or paul? >> conway! >> even though we have a lot of conway people, you feel it's been negative. how do you want candidates to communicate to you? >> i want to hear a candidate with the truth and i don't want to hear them reading the same jargon that everybody else is reading. >> i agree with that. i want to hear the truth. i want to hear specifics. >> i want to say there are term limits. i don't want career politicians. >> but are -- it looks like neither of them are career politicians. >> i think conway is. >> you think conway is a career politician. >> yeah. >> this isn't the year for the same kind of debate and nastiness. i mean, this has -- that's gotten us where we are now. >> how old are you? >> 36. >> is this one of the most negative campaign cycle? >> it's the same stuff every year. >> more advertising this year than there has been in the past. that's why it's perceived as so much negative.

>> i'm sick and tired of having the senior citizens scared to death. every election year, they go for the sisters because they know they vote. they scare them half to death. we're going to cut social security checks. >> as the youngest person here -- >> i wonder where the advertising money is coming from. i'm seeing so much more large political campaigns, i want to know where the money is coming from. >> i wish i could tell you that everything is going to work out, that they're going to get nice and walk down hand in hand together, i can't. but if the candidates are watching right now, they better understand that at the end of this campaign, these people want them to speak the facts and not ill of the other candidate. am i right? >> right. >> back to you. >> we'll see. so far, rand paul in control of that race in particular. >> very interesting because negative campaigning and advertising usually works with the voter but maybe not this time around. >> we'll have to see. 27 minutes after the hour. here's what's straight ahead, president blames more negativity. karl rove for funneling foreign

money to republican campaigns but where's the evidence? karl is here next to fire back. >> the pitch to rebuild our nation's roads won't come without a price. the effect it's going to have on prices at the pump. >> then it's your prerogative, video on the web but there are consequences. just ask the burger king worker who took a bath in the sink. >> remember him? >> yeah. >> oh, my gosh. it was his birthday. give him a break. >> that's how he rewards himself? >> what you need to know about how social networking is changing the world. hey, guys. jennifer hudson here. when it came to losing weight befe weight watchers, my world was "can't." but on weight watchers, i can. weigh less than i did in high school -- can. stand here not suin' in a thing -- sure can. lose weight, learn to keep it off, and feel lighter and liberated in so many ways -- i can, i did, i am. and you can, too. ♪ i can, i can, i can

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a total value of six thousand dollars on silverado. see your local chevrolet dealer. >> welcome back, everyone. half past the hour of 7:00 on the east coast. hope you're having a great day. couple of quick headlines for you. at least 40 states attorney general will announce an investigation into home foreclosures tomorrow. the reason -- several banks now admitting that they screwed up a bunch of paperwork but would a blanket freeze to foreclosures strip the overall economy? kelly wright is live for us in washington. all right, kelly. so on the one hand, it might help consumers who are underwater in their homes but what will it do to the housing market? >> well, look, it could hurt the overall economy. the immediate aim of the attorneys general, however, is to determine the scale of the paperwork problems and correct them and some attorneys general

are, in fact, hoping that mortgage servicing industry will be pressured into rewriting large numbers of troubled loans. bank of america, the nation's largest bank, is the first big name to shut down foreclosures in all 50 states but they're one of five that takes such action. gmac, j.p. morgan chase, litten loan servicing have stopped some of their foreclosures across nearly half the country. it doesn't mean these homes shouldn't have faced foreclosure but the paperwork might not have been done in order. these companies are accused of using what's called robo signers, bank employees who sign paperwork that said yes, i've reviewed what's in here and it's true but they've never even opened the file. so some employees allegedly were signing thousands of documents a month without seeing those files. democrat leaders are trying to impose a freeze on foreclosures, something that would have a huge impact on tens of thousands of homeowners and on the already fragile housing market and

several state attorneys general are pushing for a freeze. >> we're seeking a moratorium on foreclosures that have been tainted by this process. >> so far, the white house is holding off on calling for a nationwide foreclosure moratorium. it recognizes that such action could potentially slow down the economic recovery. >> i'm not sure about a national moratorium because there are, in fact, valid foreclosures that probably should go forward. and where the documentation and paperwork is proper. >> and in fact, the secretary of the department of housing and urban development told "the wall street journal" that mortgage serviceers who lie to courts by filing incorrect paperwork need to suffer the consequences of their irresponsible actions but he also cautions that imposing a moratorium could hurt companies that have acted properly. gretchen? >> all right, kelly wright live for us in d.c. thanks for that breakdown.

>> sure. >> all right. in other news, we take a look at a convoy of suspected drug hitmen ambush police on a mexican highway leaving eight dead. the gunman who attacked police in the marijuana producing state in western mexico, more than 28,000 people have died in drug-related violence since mexican president calderone began an assault on drug gangs four years ago. >> troubling developments in the search for missing 10-year-old zahra baker. police dogs detecting the smell of human remains in family cars outside the girl's home. investigators found a ransom note in the house demanding a million dollars cash. right now, the girl's stepmother is a person of interest. she was reported missing on saturday from a home in north carolina. she has a prosthetic leg after surviving bone cancer. >> how horrible. well, it looks like americans might have to pay more at the pump to pep pay for president obama's $50 billion plan to

improve roads, rails and runways. two former transportation secretaries say the best way to pay the tab is a tax hike on gas. the tax has not gone up since 1993, the increase would push the average price of gas to at least $3 a gallon. brian? >> put your clothes on. that's what a new york town is telling the naked cowboy who recently announced he's running for president. robert bird is his name. times square street performer was playing his guitar at a festival in port jefferson, new york on long island. police slapped him with a summons for being shirtless in public. >> what about no pants? >> that's true, too. we never got around to that. >> that's ok. >> nowhere to put the ticket. he faces a fine for $250. >> poor guy. >> meanwhile, the democratic national committee blasting karl rove accusing him of shady fundraising by allegedly channelling secret foreign money. >> karl rove, ed gillespie,

they're bush cronies, the u.s. chamber of commerce, shields for big business and stealing our democracy, sending millions from secret donors to elect them to do work in congress. >> why did karl rove stand up in that man's briefcase? here's what vice president joe biden said on monday. and i'll say it in my voice. does it surprise you that karl rove and his friends are back raising tens of millions of dollars from shady sources? let's hear from karl rove. he join us now from austin. why aren't they backing down? what's snup? >> you know what? if they're in for a dime, they're in for a dollar. they're providing no evidence for their charge. fact check in respect to the organization led by brooks jackson formerly of the "wall street journal" says this is a serious charge that requires serious evidence. democrats have produced none. i mean, this is just -- you know, it's bizarre to me.

why are the president and his people doing this and why are you being suckered to talk about a television ad that they have not even put up on television yet. >> karl, here's the thing. you are responding to it. i have to say about that ad, it might be the first time it's a positive thing to be called a bush crony. i mean, that was maybe the first reaction that a lot of the american people have. but in and of that, why are they doing it, i ask. is it a distraction away from what some say are job killing policies of this administration? >> exactly right. look, they're doing this because they think by talking about this, they can distract people from the fact that we lost 95,000 jobs last month and the unemployment rate we made stuck at 9.6%. they think the american people are so stupid what they're going to do is be really excited about this ad that shows ed gillespie stealing someone's purse in a garage and instead, stop focusing on the economy and spending and deficit.

look, i'm really upset that they're suggesting that ed gillespie was stealing that woman's purse. he's a good catholic boy. he'd been in trouble if he he did that. >> anymore dry erase numbers you've shown us? >> i've run out. this is a two board day. that's all you get. >> you sound like david axelrod. he's an advisor to the president. when he was on the show, he said democrats don't need proof as far as their accusations against you. why's this? >> it's because this white house -- >> special interest spending is very important. it's never happened before that organizations are spending this kind of money and american people need to ask why is the oil industry the wall street and others spending this kind of money to defeat candidates and elect others in the sort of secretive way. >> part about foreign money, that appears to be peanuts, mr. axelrod. i mean, do you have any evidence that it's anything other than peanuts? >> well, do you have any

evidence that it's not pop? >> is that the best you can do? >> so karl, essentially what he's saying is you're guilty until proven innocent. >> well, you know what got me is he told a lie at the beginning of that. he said we never have seen money like this before. in 2008, the president benefited from $400 million worth of spending by outside groups on his behalf in the presidential campaign most of whom did not reveal their donors. i guess that was not a threat to democracy then because this kind of activity was being undertaken by democrat groups. now it's a threat to democracy and you know, it's like alice in wonderland. you're guilty until you prove yourself innocent. i mean, please! they have no evidence for this. >> karl, my understanding that you help raise funds, solicit funds, not from your own money but crossroads. >> absolutely. the president accused me of funding them. i wish i could fund them. if i could write a gigantic check, i would. i'm actively encouraging people

and asking people to contribute. the president keep telling me i'm funded them. does he think i'm george soros, his buddy, does he think i'm one of those rich guys? >> did you take -- i know a lot of these donors are anonymous. did you take donors from outside our borders? >> look, i'm only calling area codes inside the united states of america. in fact, we explicitly say we will not accept foreign money because it's been illegal since 1907, the tillman act. they think the american people are so stupid that they're going to be taken in by this. and then we're going to somehow forget the fact that they got a failed statement with a bad health care bill that they're running up the deficit and spending like crazy. american people are focused on that, not on the goofy charges. >> joe biden said if he's wrong, he'll stand corrected. so let's see -->> he better stand corrected. he better stand corrected. >> yeah. karl, they need a boogieman. they had bush. that didn't work. they had boehner. now it's you. it's you for this week. >> it ain't gonna work. who is the genius inside the white house who said, you know

what? we can win the election by winning karl rove's name? i want to meet that idiot. who is that? >> all right. >> you crony! we got to wrap it up. we got to wrap it up there, karl. thank you so much for getting up early. >> and ed gillespie did not steal that woman's purse. i know that! >> ok, fine. we'll make sure to tell the vice president. thank for joining us. >> straight ahead -- >> they are willing to risk their lives for our country but some soldiers still won't be able to vote this november. why some states are ignoring a law. that's coming up next. >> he had the right to post his video on the web. it left him without a job. right and wrong for employees and companies. you better pay attention. he lost his job after taping that. >> he would take some foreign money. >> he was in a burger king!

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>> hey, they fight to keep america free. military votes may not even get counted and now the federal government may sue the state of new york for not getting their ballots overseas in time. but just 10 years after florida's infamous recount, that state is actually getting ballots to our service members on time the way they should. so why can some states comply and others cannot? >> we are joined now by jason unger, attorney for president bush during the 2000 vote recount. he joins us from tallahassee. good morning to you, jason. >> good morning, steve and brian. >> we don't get it. the move act very specifically said that our men and women serving overseas have got to get the ballots on time and yet, of the states down in the southern area, only 5 in 16 are compliant with the move act. what the heck are they doing, those states? >> well, florida, of course, is an epicenter for military ballot counting in 2000 and immediately thereafter in 2001, we started

our reforms to get in compliance and finished them up in 2010. really comes down to leadership and who receives the election matters. in florida we have a secretary of state who is directly responsible, apointed by the governor directly. governor bush started it immediately after 2000 and we just finished up this past legislative session. from what i read in new york and other places where they have a bipartisan election board, accountability seems to be a problem. >> right. >> here's the issue that you're skirting around. is that democrats, republicans seem to get more military votes than democrats. do you think that has anything to do with why states work and some other states don't? >> i don't think it is. i mean, in 2000, we have the election contests here in n florida. certainly that was the case where voters were trying to invalidate legal, military ballots. i would have to think with the outcry during the 2000 election even on the democratic side from

joe lieberman and others, no state wants to be accused of doing that. it seems to be more of a leadership issue than anything else. >> when you say leadership issue, do you think there is some sort of manipulation intended by not having your state pass this thing? >> i would hope that's not the case. certainly in florida, the legislature and the governor and the secretary of state took that leadership role to make sure they were compliant. i can't imagine that new york state with all the problems it has and its election board would want that on their heads if the fate of congress either the u.s. senate or the house of representatives wound up held up because of military ballots not getting back to the states in time. >> well, november 2nd is coming whether you like it or not. whether we're ready or not. that will be the deadline. and sadly maybe some of the military ballots and men and women are not going to be counted. and that's a shame. thank you very much. >> it is.

>> thank you. >> all right. what do you think about that? e-mail us right now at friends at foxnews.com. why do you think some states simply have not passed that law? you mean, the law is very specific. we want those votes to count and yet, a bunch of them don't. >> all right. 11 minutes before the top of the hour. remember this dominos employees posting pictures of things that you don't want done. can you please take that down? please. >> i guess not. >> that's better. he has a right to post the picture but it costs him his job. next, how social media is changing rules of the workplace. you can open your eyes now. >> i am sick. and the number one song on this day in 2000 was "come on over" by christina. we were dating at the time. this brings back bad memories. funny thing about vegetables...

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>> from a you tube video of an employee bathing in a burger king sink to behind the scenes look at a dirty dominos. workers are taking to social networks with their grievances and companies are the ones left paying the price in the court of public opinion. so how can businesses protect themselves from this new trend? labor and employment attorney joins me now for more. good morning to you, mike. >> good morning, gretchen. thanks for having me. >> we remember that infamous bathtub boy in burger king. it was his birthday! he just wanted to celebrate a little. how did that hurt burger king in the end? >> well, they immediately posted information on their web site and the like that they had cleaned the sink. that they have thrown away all of the equipment. but obviously, here we are still talking about that video and it's still posted on you tube. so these things have a lingering

impact on companies. >> well, it is kind of -- i mean, it's unbelievable, i think that's why people want to watch it. let's dig deeper here because you say that companies really need to take this so seriously about setting new computer policies so that their employees know all the ramifications. what do you mean by that? >> well, absolutely, you know, the best parts about social media are that it's open, it's immediate. but from a company perspective, open and viral can be scary and damaging. and immediate means they have to have an immediate response so at least we found that company policies have not kept up all the time with the changes in technologies and the ways that employees can have a prank that used to be something kind of funny they share with friends now is out on the web for everyone to see. >> right. for the whole world to see. take, for example, whole foods market c.e.o. john mackey apparently, allegedly for seven years was posting comments on a bulletin board chatroom under an

assumed name. and then he was -- he was found out so here you have this c.e.o. doing something. >> absolutely. and now both the securities and exchange commission and the federal trade commission on the federal level have taken an interest in this issue of what happens when you have an employee who is making blog postings or other public comments? they require that an employee or anyone giving any material value from the company has to disclose the fact that they have that relationship with the company when they're making comments about the company's product. >> what about this? a paramedic was allegedly fired for privately posting on his facebook page, he or she, i'm not sure which one -- >> it's a she. >> sometimes you just want to slap a patient. >> yeah. it's -- you know, again, one of those challenging statements made at 1:00 in the morning to a friend on facebook and was picked up by the company and learned by the company and used to support the basis for termination.

the employees don't always understand that even these -- what appear to be private statements on things like facebook aren't really all that private. and can be used against them to -- >> forever and ever. >> to terminate employment. >> forever and ever. >> absolutely. >> mike, fascinating scenarios and the ramifications, the laws need to catch up to the real world. always great to talk to you. thanks so much. >> great. thank you. >> coming up on the show, hateful words shouted at a family at a funeral for a fallen soldier. the courts say it's free speech. but the attorney general of that state says it's an absolute embarrassment. he will join us live. then a prominent professor says we're all getting the run around on global warming. he says it's a complete scam and it's ruining real science. laura ingraham here at the top of the hour. its great. i eat anything that i want.

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>> gretchen: good morning, everyone. check your calendar, it's tuesday, october 12, 2010. thank you for sharing your time with us today. president obama's latest slam, could it backfire because he didn't check the facts, accusing republicans of accepting foreign money? they say they didn't. but obama did. we report, you decide. >> steve: insider trading on capitol hill? that's right. members of congress want to trade stocks, but with an advantage over you and their staffers included. is that right? we'll talk about that. >> brian: you got a prominent professor saying global warm something a total ripoff. all that ice, ice baby that's melting is a complete scam. get it? surprise coming your way. >> steve: ice, ice, baby. >> brian: "fox & friends" starts right now. #

>> gretchen: this is our era. ♪ ice, ice baby. >> steve: he's a do it yourselfer, and he flips houses. of course, back in the '80s, they had vanilla ice. >> brian: why vanilla ice? do you know? >> steve: 'cause he's blond. >> gretchen: yes. he's going to tell us the real story. we'll all find out together, 30 minutes away. we have to start with a fox news alert. the rescue operation for the 33 chilean miners set to begin tonight. they've been trapped for more than two months under ground. they will be lifted one by one through the rescue tunnel in a tube. check out this animation. it shows you exactly how it will happen. it's going to take an estimated 20 minutes to get each man out. the operation will begin at midnight due to concerns about the effect of bright light on the miners' eyes after being in

the dark for so long. to avoid discomfort in the cage, they will be on a liquid diet for six hours proceeding the rescue. we have a live report from steve harrigan from the mine. that is coming up in 45 minutes from now. more breaking news of a possible taliban attack in afghanistan. explosion on board a nato helicopter has killed one person, eight others are hurt. the u.s. made helicopter was on the ground near the pakistan border when the blast happened. the cause not yet known. but there is an unconfirmed report that the taliban is claiming to have planted land mines in the area where the chopper had landed. nationalities of the casualties still not announced. it's been ten years to the day since the bombing uss cole and the families still waiting for justice. al-qaeda murdered 17 american sailors. the families of the victims are demanding someone needs to be held accountable.

the alleged master mind has been in gitmo for eight years, but has never been prosecuted. his case was put on hold after accusations that he was water boarded. the streaker arrested at president obama's weekend rally in philly now speaking out. juan rodriguez was released on $10,000 bail last night. he was trying to win a million bucks in an internet contest by taking off all of his clothes just ten feet from the president. >> i didn't do anything that hurt anybody. i didn't do anything that destroyed any property, you know. i didn't do anything that i feel was actually really that bad at all. >> gretchen: the contest organizer says they're reviewing video to see whether he was within eye shot and earshot of the president before they pay up. they had to have the president see him. >> steve: did you notice he left in a jump suit because he left

his clothes at the rally. >> brian: that's the problem with being a streaker, unless you have a posse. >> gretchen: they used a campaign sign to cover him as they were carting him away. laura ingraham joins us. this is something you would do for a million bucks, isn't it? >> thanks, gretchen, i appreciate it. here it is 8:00 o'clock in the morning, i get a drive by. >> steve: there she goes! >> gretchen, wait a second. let me just say, after seeing you, gretchen, dancing in the morning to vanilla ice, all i can say is, case closed. >> gretchen: ice, baby. i'll have an ice off with you any day. >> steve: laura, there are so many ways we can start this segment talking about how the white house has taking shots at the chamber of commerce and also ed gillespie but i am reminded of joe friday from dragnet. just the facts, man. the problem for the white house is, there are no facts in this. there is absolutely no evidence

of any foreign money being used by the chamber of commerce to fund these ads against the democrats. >> about as many facts as support the idea that the stimulus is going to save or create millions of jobs. why are we surprised that the white house is operating without a factual predicate? this is what they've done with their economic projections. this is what they've done with so many of their policies that are wildly unpopular with the american people. they did it with health care reform. on this issue, what's amazing about it is that the afl-cio and all these liberal groups, they have foreign entities, foreign affiliates and they give some money to the democrats. but the key thing here is chamber of commerce, which by the way advertises on the laura ingraham web site, they have a $200 million budget. they get $100,000 from foreign affiliate members. $100,000 out of a $200 million budget. this story is pathetic.

it's desperate. it looks silly and it totally backfired. >> brian: it's not slowing down. the vice president speaking about it and the president has four major rallies and each one he plans on bringing it up. like right here. >> just this week we learned that one of the largest groups paying for these ads regularly takes in money from foreign sources. the question for the people of illinois is, are you going to let special interests from wall street and washington and maybe places beyond our shores come to this state and tell us who our senator should be? >> we prefer the unions being the special interest and planned parenthood and the trial lawyers. no special interests. >> gretchen: laura, here is my question this morning. do the american people care about this topic? >> no. >> gretchen: the republicans are saying this is a distraction because the obama administration doesn't want to talk about what the republicans allege are a bunch of job killing policies. >> right. >> gretchen: do the american people really care about foreign

finances going to who knows what? do they care? >> back in '96, remember the name charlie tree? that was like an early days of fox and charlie tree was the chinese national who was accused of funneling money to the clinton campaign. i think they did care about that because that was a clear violation of the law. >> gretchen: i'm talking about in 2010 during a recession. >> right. i think right now people are focused on these jobs numbers that came out and how these policies are affecting their neighborhoods, communities and families. that's what obama doesn't want to talk about. that's why he's doing all this razzle dazzle stuff at these rallies and again, i think it's making him look smaller and smaller and smaller. he looks tiny when he talks about these issues. i don't think it's good for him. >> brian: he's done a lot, he just doesn't want to run on it yet. let's talk about what senator harry reid knows and what speaker nancy pelosi knows and how it might have made them additional money. >> to the shock of the american people, it looks like staffers

in congress can actually trade in companies with their portfolios in areas that their senators or congressmen actually regulate. that seems insane. because when i was a lawyer we had to divest ourselves of young lawyers of all the companies we had any dealings with. it's stunning to me. i didn't know about this and i've been in town a long time. these staffers have been able to trade in stocks where they have specific knowledge of outcomes or specific knowledge of financial benefits going to these companies and they've made money, harry reid staffer and nancy pelosi top advisor have made money on these trades. this stuff has got to be stopped and i think again, it adds to our cynicism about politics. >> steve: absolutely, because they would know the news that would move a stock. >> of course. >> steve: apparently there are some restrictions. here is a quote from the senate ethics manual restricting staffers trading. the wisdom of complete divest

during likely question is likely to insulate a legislator from the economic interest that they blah, blah, blah. apparently they've got to once a year, they've got to disclose, this is what i did, but it's not illegal. >> it doesn't seem like anybody is doing any cross referencing. i think insider trading laws apply across the board. i don't think congress has the right to commitment themselves from insider trading laws. if you have specific knowledge about a company's inner working, then you're not supposed to be trading that stock. >> gretchen: i want to move to this topic. there's a prominent professor who says global warming is a complete scam and it's actually ruining real science. what do you know about this? >> the american physical society, which is what this particular professor was resigning from, actually had a pass in doing research and commentary on specific and contentious scientific issues.

basically what curtis calan is saying is this this american physics society has turned into an organization affected by the money flow in science. in other words, trillions of dollars, he argues, is invested in this idea of global warming and that has clouded what the group itself, the leadership of this group has concluded about the science, which he says is faulty, flawed and frankly needs to be discarded. he said it's become corrupting. it is a devastating letter. at the end he says, i hope this doesn't affect our friendship. that was my favorite part of the letter. i hope we're still friends, hal. >> brian: stay right there. this is some sensational stuff. we nd more from you to talk about your book. meanwhile. >> gretchen: major nidal malik hasan accused of murdering 13 people starts the legal process that could end with his death. dan godwin joins us now live from fort hood, texas. a big day there this morning,

dan. >> that's right. the hearing set to begin a little later this morning will likely include a lot of graphic testimony from survivors of the shooting rampage here. the military calls this an article 32 hearing. it is held in order to determine whether there is enough evidence against the accused, in order to proceed with a trial. it was november of 2009 when witnesses say major nidal malik hasan opened fire here at fort hood's soldier or military readiness processing center. authorities say he managed to fire more than 100 rounds before he was shot by two military police officers. he was left paralyzed. he will be in court for today's proceeding. he is facing 13 counts of premeditated murder, 32 counts of attempted premeditated murder in the worst shooting ever at a u.s. military base in the wake of that horrific crime, a disturbing picture began to emerge of the muslim american, hasan is someone who embraced

radical islam. the army psychiatrist was heard to call out an arabic phrase, meaning god is great, before he started shooting. the hearing is scheduled for less than an hour this morning. it could go on for as long as three weeks. there are a lot of witnesses to be heard from. military prosecutors have not officially announced whether they plan to seek the death penalty in this case, but that certainly is the expectation. reporting live at fort hood, texas, this is dan godwin. >> gretchen: thanks very much for that update. we will keep our eyes on that situation there. >> steve: we're keeping laura ingraham around for this. what one word would you use if somebody asked you to describe the federal government? your top responses coming up next. they will shock you. >> brian: then this was not supposed to happen on the set of transformers 3. (sirens). >> brian: that police suv not part of the movie.

oh, oh hope they keep it in the movie.

>> steve: we continue on. in a brand-new usa today and gallup poll, 72% of respondents describe the federal government with a negative word or phrase. 72%. back with us now to discuss what this could mean for both parties on november 2 is fox news contributor laura ingraham. these are the words that were used and we've got baby's faces to make them more palatable. describe them, a mess, corrupt, too big, dysfunctional or as you can see on the end, incompetent. >> i'm surprised there is 10% of americans who are actually giving positive scripters for this. who are these 10%? >> gretchen: those people who sleep through life. >> how about add mir be a, humble, honest, effective? >> steve: about our government?

>> no, that describes the curvy couch, you guys. >> gretchen: you just dissed my dancing, but now you think i'm honest? >> you drew first blood with the streaker. >> gretchen: in all seriousness what, does this say when so -- actually the positive responses were just silly words like they thought the government was good, which is meaningless. what does it say to you? >> in all seriousness, it's not good. we obviously want to believe our government represents us and i think what's happened is a lot of people actually believe that the government no longer has our consent, which obviously in the declaration, when the government no longer has our consent, we're on a really bad path in this country and a dangerous one. so i think we want a government that responds to us, that respects us and our values and with the health care debate and other issue, we've seen the governor diss us and demean us. that's why these words are where they are.

>> brian: people are going to blame people. david cameron basically is telling the people of britain, i'm giving you less, we're charging you less, and it's time for you to take stock in your own country and stop complaining. i think we're at that tipping point because i'm tired of the complaints. >> i think you're right. we got the government. we voted for them. there are a lot of us raising red flags about what was going to come with a man who was as inexperienced frankly and untested as barak obama. we warned about it. we questioned his past associations. people dismissed it. a lot of republicans, elite republicans dismissed it. said he was to bright, he's going to bring the country together and a lot of the rest of us were saying, not so fast. i hate to say we were right, but we were right and the country is waking up. i think it's ultimately a good thing but we'll go through some really, really uncomfortable times until this thing is changed around. >> steve: numbers like that, going to take its tolls on the democrats and maybe that's why george soros is saying there is an avalanche coming.

we thank you. she's the author of the best seller "the obama diaries." for more information on her book, go to our web site. >> brian: and order it. 19 minutes after the hour. christine o'donnell says she's not working for a political party. she's working for the people. even if it means she won't get any money. hear from her coming up. >> gretchen: then where are they now? you won't believe what have vana ice is up to these days. he's live in the studio to explain. laura, come on. ♪

>> gretchen: the supreme court is deliberating on whether harassing protests targeted at funerals should receive first amendment protection. one attorney general has said no and has gotten other states to sign briefs that would prehe protect the sanctity of funerals. good morning to you. >> good morning. >> gretchen: we're talk being this horrible case of albert snyder, the father whose son, lance corporal matt snyder was killed in war overseas. and then he comes home and he buries his son and he has the westborough baptist church members protesting at the funeral. now this case has gone all the way to the supreme court and you say you are on albert snyder's side. >> yeah, that's right. this westborough baptist church, unfortunately is from kansas. they're about a mile from my

office. when the case started, we reached out to al snider and his family. we want to do get involved. we wrote the brief you talked about and we're standing with him to let the snyder family know the people of kansas don't support this kind of activity. >> gretchen: let's listen to what mr. snyder had to say about this case and what it's really a first amendment case when he visited our show last week. >> this case is not about free speech. it's about targeted harassment and it shouldn't continue to be taken like free speech. >> gretchen: here you have a man whose son gave the ultimate sacrifice and then he has to face that kind of what he deems harassment at the funeral of his only son. he can't get that moment back, can he? >> no, you're exactly right. some of the people on the other side of this are making it out like we're north korea or china or something.

you got to remember that the westborough baptist church can do their stuff in 99.9% of the ary in a out there and all we're asking for is an hour of peace and quiet when a private individual gives the ultimate sacrifice to let their family have that time. >> gretchen: of course, they do it at these funerals because they know they'll get what they want, which is the media attention. let me ask you this, you say 47 other states, including kansas, have joined together in this brief that you wrote. what does the brief say? >> well, we are making two points. one, that we need to have funeral protests statutes out there to protect families that set reasonable time, place restrictions on where this protest can take place around a funeral and to point out this difference between public officials and private families, like the snyders. our constitution will protect private families and give them the time to have these funerals. >> gretchen: right. so interestingly enough, the

snyder family won this case in court, but then it was sent back down and now it's at the supreme court. the arguments were last week. you say could be six to nine months before we know what will happen. if you had to make a guess, what are you going to say? >> it's a tough line for the supreme court to draw. but based on some of the questions they asked, i think they're going to recognize this distinction that the snyder family is a private family. they didn't become public figures because their son gave his life for our country. and they're going to recognize that not just the protest at the funeral, but the other attacks the westborough church did on the snyder family, americans need to have is a remedy for that and they should be able to go to court and get protection if a group targets a private citizen like that. >> gretchen: the kansas attorney general, thank you for your time. >> thank you. >> gretchen: christine o'donnell backing away from political parties? she wants to work for the people even if it means no money. hear from her coming up.

and filming suspended on the set. transformers 3 after the second stunt goes terribly wrong. that police suv, not actually part of the movie script. from rap star to home remodeler, vanilla ice is here live to explain his career change. get ready.

>> president obama is out on the campaign trail at the university of wisconsin, president obama told the crowd, let's show washington one more time, change doesn't come from the top. well, it doesn't come from the top, what did you run for president for? [ applause ] >> brian: that's the jay leno guy. president obama going back to school today. he's holding a web cast town hall at george washington university. mike emmanuel is live at the white house. three weeks out from the midterms, how is this going to help the democrats? be specific. >> brian, president obama is going to go up the road to george washington university and he's going to do a high-tech town hall trying to get those obama surge voters that will be on twitter, skype, facebook, the internet, and hoping to reach the youth vote that was so critical to his victory in 2008. but the recent polling suggest

they may not be as fired up and ready to go as they were in 2008, so the president will try to motivate them to talk about what is at stake three weeks from tonight, brian. >> brian: what about that book incident when the book went flying at the president's head, but he didn't seem to acknowledge it? what did we learn about the book and about the person who wrote the book? >> brian, i talked to secret service spokesman who said it's an over exuberant author who flipped the book in the direction of the president on sunday afternoon in philadelphia. they talked to this gentleman. they're not giving out his name. they're not giving out the name of his book. they certainly do not want to encourage book sales after this kind of behavior. for those of you watching at home thinking about this is a good way to get some attention, democrat or republican, the secret service does not take kindly to these kind of things and don't do it. you're heading for serious trouble. >> brian: i don't want to put words in your mouth, but would you loose like to use this time to say don't take your clothes

off and run in front of the president. because that also happened. >> this was the event that i observed personally which i could have gone all year without seeing. >> steve: then you can be the verification because the billionaire is looking foreverification. was that naked guy within earshot of the president? >> he was pretty close. he was between us and the stage and saw those cheeks go by. not pretty. >> brian: right. >> gretchen: it might have been better to get the back view than the front. okay. >> never imagined i'd be on national television talk being cheeks going by. >> gretchen: prestigious location and you're talking about that. take care. >> steve: so long. christine o'donnell, who wants to be the new senator from delaware, man, she has taken a beating. on saturday night live, they made fun of her very latest i'm not a witch. she did, however, tweet snl skit

was real funny and i have to admit, her hair looked better than mine. so looking on the bright spot. >> gretchen: she had a good sense of humor. she was on the greta van susteren show last night and she said that she really doesn't want to be affiliated with a political party anymore. listen to this. >> i don't have the party behind me. i don't have big pacs behind me or special interest groups. but i've got an army of volunteers who want me to be their voice in washington and that's humbling and honoring. the politicians who go to washington do what they say is because what the whole candidacy is about is returning the political process back to the people. i'm not a candidate who has been anointed by the party bosses. it was the voters who worked very hard to get me to help me win the primary. my victory will represent turning the political process back to the people. >> gretchen: she will have her first debate with coons, the

democrat in this race, wednesday night. we'll be sure to bring you clips from that. paris france, transportation energy and teachers unions are striking for fourth day in a row. they're angry over pension reform. the country passed a plan to raise the retirement age from 60 to 62. and change when workers can receive their full pensions. officials expect the possibility of a fuel and gas shortage as well as chaos on public transportation. >> brian: they have to work 'til 62? that's not human. >> steve: it's exhausting. meanwhile, in other news, in two hours we could learn more about missing ten-year-old zahra baker, north carolina police plan to hold a news conference at that time. this after police dogs detecting the smell of human remains in family cars outside the family home. and investigators found a ransom note in the house demanding a million bucks. right now the girl's stepmother is a person of interest. the police say she, the little

girl was reported missing on saturday. she has a prosthetic leg after surviving bone cancer. >> brian: filming on the transformers 3 movie suspended after another incident. watch this. (sirens) during filming, the yellow camaro smashed into a washington, d.c. police cruiser. the officer was responding to a call and didn't realize he was driving through a movie shoot. that officer was taken to a local hospital with minor injuries. last month, an extra was injured on set and left permanently brain damaged. her family is now suing. >> gretchen: drew brees with an unusual request for his twitter fans. he wants fans to help name his second child. here is what he tweeted. my wife is due any day with boy number two. we have a few names, but haven't decided. looking for b names.

suggestions? he and his wife have a two-year-old son named bailen. brittany is expected to go into labor any day now. here are some suggestions. drew, if you're watching. lee arm strong says, bayou brees. dave of pennsylvania says, bay brees is the way to go. and susan of parts unknown says what about baxter brees? i think bailen and baxter would be cute together. >> steve: what about summer brees? or brian brees? what about ice brees? >> gretchen: ice, ice, baby. i know that ice guy smells good 'cause he just sat down. >> brian: vanilla ice has gone from rapper to remodeler. he's flipping homes. rob van winkle, also known as

vanilla ice, welcome back. >> thanks. >> brian: why did you say to yourself, i could do something else and it's reality show and it's got to do with refurbishing homes, flipping them to other people? >> i wish it came together that easy. no. i had a house that was -- i've been doing this for white a while, over ten years. basically i did a bio and picked up on it. i said great. i got a perfect one. it's been distressed, sitting for three years. it looked like herman muenster and we turned it into donald trump. >> steve: i read that at one point in your life you had three houses scattered across the united states. i don't need three house, so you started to sell them. and you realized, i can make a lot of money doing this. >> that's right. a lot of money, i'm thinking i'm going to be in l.a., i'll buy one there. in the village, i snowboard, get one up in the mountains. didn't use them. sold them, made lots of money on all of them. we know the market flipped. now you can make money with

foreclosures, tax liens and short sales. as long as you buy it under appraisal and i've had a pretty gotta success. >> gretchen: so you totally reinvented yourself. at 16, you wrote one of the most famous songs ever, ice, ice, baby. and then you were nicknamed vanilla ice. now you're back to being rob. >> that's it. >> gretchen: you get into this whole new profession. when you walk down the street, do people say a hey, vanilla ice? >> oh, yeah. some people do the ninja turtle rap. they do it all. you shake a hand, you make a friend, you have fun. >> gretchen: can you still break dance? >> i can break dance. >> steve: can you break dance without breaking something? >> i don't know. pretty tight set here. >> steve: your name is van winkle. any relation to rip? >> yeah. he's my uncle. >> steve: no kidding. >> a lot of kidding. >> steve: what about your other name, vanilla ice? where does that come from? >> i used to break dance, make 40 bucks a day, spinning on my head in front of the mall and

chasing girls around, eat pizza, have change back over. that was a lot of money back in the day. my friends, they labeled me. i hated it and it stuck with me. >> gretchen: you hated it? >> yeah. he hates that, stick with it. i love it now. >> brian: you were break dancing and you had to chase the girls? i imagine they came to you to buy the pizza? >> they didn't even know what break dancing was back then. they were like, why is that guy spinning on his head? in dallas. >> steve: you're the son of a music teacher? >> yeah. my mom was a music teacher. piano, flute, voice. >> gretchen: so you came by the talent honestly? >> i wish i would have sat down for a lot of lessons. i was like too cool. now i learned and i play the instruments now. it's great. >> steve: did your mom like that kind of music in the beginning? >> no. i had to convince her. once with the success, she was a believer at that point. >> brian: emergency as a kid was famous and then he took a few years off and he remade himself

and became a great star. what about you, do you see yourself changing gears and having reinvigorated career? >> you know what, yesterday's history. tomorrow is a mystery. i take it day by day. i don't plan too far in advance because too many things can change. and i still play 100 shows a year, concerts. i got the number one record in the u.k. with a group there. i've sold close to 3 million records in the past eight months. i'm still doing music. it's not like i left it behind. for over ten years i've been doing the houses and it's been a hobby. we picked up on the show now, i think a lot of people will be surprised. >> brian: you actually do the hammering? >> yeah. absolutely. i swing a hammer and drill and do the whole thing. >> steve: before you go, what's one thing the average person watching right now can do to their house to up the home

value? >> you can do a lot of things. you can just do simple stuff like paint. you got to make it, if you want to sell it, you got to make it less offensive. you don't want personal. make it warm and home feeling so when they walk in, they say wow. i could live here. >> brian: i'm thinking paneling. dark wood. >> steve: nice. that could be a rumpus room. >> gretchen: it sounds like have a nillly ice needs to visit your home. so great to see you. >> thank you. >> steve: straight ahead, take take 20 minutes to get each of the 33 miners to safety. each one will be pulled out in a tiny capsule through a winding, dangerous shaft. we'll go live to the mine coming up next. >> we all know snooki from the "jersey shore." now the american kennel club is here live with their snooki look

alike? oh, oh why did i have to say that? meet the breed coming up. that dog needs more of a tan. >> steve: somebody has to be insulted.

>> steve: this is a fox news alert. the rescue operation for those 33 miners set to begin tonight. it's going to take 20 minutes to get each one of the miners to safety. each of them will be pulled out in a tiny capsule through a winding and dangerous shaft. for the very latest on the operation, let's go down to chile and steve harrigan. good morning to you. >> good morning, steve. we could be about 15 hours away from that long awaited rescue operation. when the capsule is lowered down a half mile into the earth and the first of the 33 chilean miners will be pulled up. we've seen some of the clothing they will wear. protective to prevent blood

clots. the first four up have been selected, but their names are being kept secret. their likely to be some of the healthiest, strongest of the 33 in case any obstacles arise. we're waiting the arrival of the chilean president. he's been a fixture throughout this rescue operation and he has seen his poll numbers climb as the nation has really gotten behind the miners and the government in the way they handled this. the operation is being carried out. likely to start at midnight here local time. that's in part due to concerns about the condition of the miners. they'll be wearing special sunglasses as well as protective clothing to prevent blood clots on the way up. it's likely to take a day in all and likely 15 hours away now from the first of those miners after 69 days finally coming up to the earth's surface. back to you. >> steve: steve harrigan live in chile, he's there at the surface, along with many of their family members as well. it will be a great homecoming. thank you. straight ahead, we all know snooki from the tv show, "jersey

shore." now the american kennel club is here with snooki look alike. wow. that's startling. meet the breed coming up next. martha mccallum, i know you're coming up in 12 minutes. but that was a stunning comparison. >> they were separated at birth. thank you. coming up right here in the states that could decide control of the united states senate, we're minutes away from brand-new poll numbers. we have connecticut, delaware, nevada, ohio, washington, we'll break down the numbers, show how how things are looking. these as things turn personal for the tea party. they avoided social issues. now democrats are making that tougher for them. we'll join you at the top of the hour in ten minutes.

>> brian: very exciting. if you can touch me now, you'd feel me tingle.

it's time to meet the brees. hosted by the american kennel club and cat fancier association. the purpose is to show off different breeds in cats and dogs and for folks to learn a little more about the history of these breeds and see how you can get one. now is time for the american kennel club spokesperson, here again to talk about what's new out there in the dog world. first, let's meet -- >> this is jango, two years old. beauty. you probably haven't seen very often because he's a rare italian herding breed, breadth to protect the herds in the alps. feel the coat. it feels like mat. >> brian: you say it's part goat hair? >> it feels like goat hair. part of it will feel like part goat hair and part will feel like lamb's hair. it doesn't shed. you don't have to brush it. >> brian: i notice the italian

leash. nice. when you get akc certified, not only do you feel good, but what does it mean for the potential masters? >> akc is about responsible dog ownership and responsible breeders. if you are akc registered dog breeder, then you submit to a code of ethics and try to be responsible and are there for the life of the dog. >> brian: jango, your time is up. >> he'll be back to meet the breeds. >> brian: good-bye, hello to the tibetan mastiff. he's still growing. it's a she. she's known as independent, intelligent, and typically protective of their family and property. >> this is gia, nine months old. a tibetan mastiff. it was bread to protect both people and property. this breed is an example of why you would come to meet the breeds because not every breed is for everyone. >> brian: why tibetan? because he's from there.

whatever shampoo he's using, i think he sold another bottle. body on tap. >> she's very protective and strong. it's important to know that because this breed wouldn't be for everybody. it would be for someone who is experienced in socializing dogs. >> brian: now i want to bring you to something we tease, the snooki shitzu. >> it's one of the most popular breeds in america. akc registration stats. it's bred to be a companion animal. owned by the chinese royalty 1,000 years ago. it's fun, friendly, happy go lucky breed. >> brian: now, did snooki copy this look or did you copy her look? >> this is a 1,000-year-old breed, so i think she might have copied this look. >> brian: she's heading in that direction. how much would this cost me? >> the hairdo? >> brian: no, the dog. >> a reputable breeder will sell a puppy between 500 and $1,000, depending on the breed and the

rarity of it. >> brian: okay. can i just recommend you keep it away from the tibetan mastiff? >> i think it would be okay. >> brian: now it's time to meet the akc's -- >> the cat association cat. this is charlie, a female. she's a red absinian. they're very friendly, affectionate, quite social. they come in red and takeny colors. this is red. she's purring in my ear. she's happy. very, very friendly. this breed and 41 other breeds will be at meet the breeds on saturday and sunday. >> brian: where is that? >> 160 different breeds of cats. it's great family event. an i affordable event. if you're looking to add a breed of cat or dog to your life, you can come down. >> brian: you can also walk out with a cat or dog? >> no, you can walk out about

information about finding a reputable breeder. you can meet puppies and play with them and pet them and educate yourself about the breeds right for you. >> brian: there is nothing better. thanks so much. you'll stick around, right? >> absolutely. >> brian: stick around for the after the show show. we'll come back with more information that you have to know to make your pet a great pet. back in a moment.

>> gretchen: so folks are interested, they can come out where and when? >> this saturday and sunday at the javis center from 10 to 5:00 o'clock. experts on grooming, training, socialization, a great opportunity and it's fun family event. it's fun to hang out. >> steve: if a family is thinking about getting a dog, you think should i get this or that, i could see all of them under one roof. >> brian: i'm not too sure out of the most relaxed guest it's either vanilla ice or the