net or anything else, we have to say that's a trap. when we recognize man is moved down the chain, we recognize it and walk away. . >> glenn: that is how you defend yourself. look for the traps. look for the traps. good night, america. captioned by closed captioning services, inc >> gregg: i'm gregg jarrett along with julie banderas. let's take look, a live shot in boston massachusetts the president is there at the hines convention center speaking at a rally for the democratic governor, patrick locked in a tight race and the president will be stomping for a great many candidates. we will continue to monitor and let you know if truly remarkable happens but it's a typical

campaign rally on a saturday afternoon. >> julie: i'm julie banderas. welcome to a brand-new hour inside america's news headquarters. >> gregg: topping the news, a race against time in china. yet another mining rescue is underway, 16 men trapped underground after a deadly gas explosion. >> julie: and claiming the f.b.i. was warned about the attacks in mumbai that killed 166 people. what the wife of man apparently charged told the feds. >> early voting underway, silver state one day before and already was particular their ballots in one of hottest races throughout the country pitting the senate majority leader harry reid against sharron angle. carl cam von live in las vegas. any signs of who is going to win from this turnout?

>> reporter: still early but the fact that early voting is happening has drawn crowds here. this is the first time there hasn't been a line. they are voting steadily in there. it suggests a tremendous amount of enthusiasm. early votes starts in nevada. tight race, harry reid, majority leader is dead heat with sharron angle. this is incredibly important insofar as they would like to knock off the top democratic leader in the senate. they say the voluntary tilt when scott brown won and if it can happen in massachusetts, knocking off harry reid in nevada would be great. early voting has been a big part of the at the on until none. 35 states have some tomorrow of it in oregon and washington they have all all mail ballot that goes out early. most states, 21 of them have an

absentee ballot program that doesn't require an excuse for being absent and states like nevada that you can hit a touch touch screen. both parties will have an idea of how many republican and democratic votes were cast. it is a very big deal and one that the parties have been working hard to capitalize oh in the last few days. >> gregg: carl, does this early voting system, is there any indication which party happens to be better in getting out the vote on the early votes. >> as the early voting has taken hold in american politics, democrats have a bit of an advantage witness. whether that is using the phones and touching base with voters more effectively on absentee voting and early voting, but because so many states are doing it now republicans have been pouring millions of dollars and organizers into it. the secretary of state of nevada has a whole bunch of reasons why

they say it's really important to exploit this on both sides of the political secretary trum. first of all it's more efficient and saves money and more convenient which allows more people to participate. by doing that you end up with a more informed electorate and more efficient and potentially accurate vote that saves money and good for taxpayers. lots of impetus for doing this. republicans are trying very hard to catch up. to give you an example, here in nevada they are expecting about a million votes to be cast. about half of them will be cast before election day in this type of early voting. >> gregg: carl live in vase vague, thanks very much. >> julie: bill clinton hitting the campaign trail. they home that his stomp in closely watched race in the country. it has the former president to help a political rival. now live from the los angeles

bureau. did president clinton have anything to say about his old rival last night? >> he did. it appears as though the two have buried the hatchet for the sake of the campaign. a lot of people might remember, those that follow politics, back in 1992, jodie brown and president bill clinton clashed a lot on the campaign trail. most recently in the race for governor here in california, jerry brown president clinton definitely told the truth about a meg when it man commercial where clinton characterized as jerry brown as raising taxes. jerry brown apologized and clinton is stumping for jerry brown. >> i've known jerry brown for almost 35 years. when we were governors we strongly support the first big push to clean energy. he was the first governor in america to have green building

standards and green jobs, 30 years ago. >> reporter: and clinton has been all over the campaign trail all over the country. he made nearly eight stops already. >> what does an appearance by clinton do for jerry brown, they are welcoming his support, right? >> oh, yeah. president clinton is about the most popular democratic right now. he has approval ratings above 60% and especially popular in california. analysts say he can make a case for a candidate better than the candidate himself. >> i think what bill clinton does he has star power. people like to identify with stars who had a good run. clinton had a good run. clinton is wonderful debater, orator, speaker, just about

better than anybody out there. >> reporter: polls show jerry brown five points ahead of meg whitman in the race for governor but the key is going to be the independents. 20% of voters in california consider themselves to be independent. a lot of them are undecided so the thinking a personal endorsement from a popular former president like former president clinton could sway voters. >> julie: thank you very much. we appreciate it. we can get nonstop updates from infield reporters, go to foxnews.com and following the links. >> gregg: we are getting new reports that the whfg website wikileaks is releasing new documents as as the pentagon explains the effect of the last leak had on the last military operation. julie kirtz is live in the

newsroom. julie, what do we know about the anticipated new document? >> the defense department officials say the pentagon is concerned about this impending leak by the wikileaks website could have a database of tactical reports with significant data, unit level reporting, tactical information and things of that nature. the defense department doesn't know exactly and we don't know what they have but they are bracing for another massive document did you believe with a team of hundred people to review the documents. that task force was set up by the pentagon at the july leak of the afghan war log. they are looking for names or sensitive information that could compromise or put u.s. soldiers in danger. impending release is record to be 400,000 pages of classified u.s. army documents on the war

in iraq. that would make the single largest military leak in u.s. history. in july, wikileaks founder released 77,000 pages of material on the afghan war. he has not responded to my e-mails or for more information on what is coming. >> gregg: secretary gates, as i understand it, has commented about the leaked afghan war documents last july. does he say this didn't seriously jeopardize u.s. intel? >> he doesn't go that far. this is in a letter that secretary gates sent to the armed services committee. we haven't seen that letter, but the defense department does confirm that secretary gates wrote to the committee chairman carl levin. that was back in august 16th and did say that initial assessment concluded that the afghan war

logs released by wikileaks had not compromised american intelligence but also it did pose a potential risk to individuals that were named in those war logs. the debate still continues about how much damage that classified image does. >> gregg: julie, thanks. coming up we'll take a closer look at just how damaging the next wikileaks dump could be to the u.s. as she mentioned, 400,000 classified documents will be released. how concern will be in a former general, we'll be talking about that. hillary clinton is saying that the united states needs to do to stop the drug violence in mexico but she is not backing down from a remarks she made last month, comparing to mexico to colombia during past cocaine wars. telling an audience last night

in san francisco, drug cartels are behaving more like terrorists and insurgent groups. pointing out that mexican drug lords are using car bombings and paramilitary tactics. >> julie: more coming out of north korea. they will increase military build up by one thousand fold as the united states ruled out lifting sanctions on north korea. they are trying to get them to resume peace talks. the north have stepped up response for u.s. naval drills run in south korea. >> gregg: they could run out of fuel. diesel and jet fuel both in paris running in parts of france. french government says that the stock is good until tuesday but signs are popping up at gas stations announcing a fuel

shortage at pumps and french workers protesting the plan to raise retirement age to 62. >> julie: right now new questions whether speaker of the house nancy pelosi leadership may be under threat as democrats fight to keep the majority in the house. it's in light of congressional candidates openly running campaign ads slamming the house speaker. the latest democratic congressman jim marshall saying he will not support pelosi. he even takes a shot at pelosi's san francisco constituents. >> jim marshall is long way from nancy pelosi. he doesn't support nancy pelosi, he voted the same as republican leaders 65% of the time. he worked and voted against pelosi trillion dollar health

care bill because we can't fourd afforded it. >> so could it force her from her post and do democrats need to distance themselves from washington to win in november. you know this is perfect example of how democrats are trying to distance themselves as much as they can from the white house, even some in president obama and harry reid and nancy pelosi. do you think growing pressure will force popelosi out? >> it's difficult to say. the we're seeing kind of an unusual amount of pressure on pelosi before the election from a lot of these centrists who are in tough re-election fights and realize there h she could be a liability. >> they take out these ads they are not going to support pelosi in the next congress.

marshall says he is not running against him but he is speaking to neutralize by tying all these democratic candidates to pelosi. in order to win, what do democrats have to do to running against pelosi? is that the way to win in november? >> i think what democrats is telling these members, emphasize what is important in your district. if the speaker doesn't play well i don't think they will advise to run against her but sign off on it. it's what plays in a district by district level and freeing up the members and candidates to go out and do that. >> julie: marshall, when asked if he thinks she has been a good speaker. then there is roy heron in tennessee that accuses the dcc of cutting ads, retaliation after saying he wouldn't vote for her. are democrats putting themselves

in a tricky situation? let's say they retain the house and senate and pelosi retains speaker of the house, could it backfire on them? >> the house works on sort of a seniority system sometimes but relies on being in the speaker's good favor. at the end of the day, pelosi has said, i just want these members to win. if you asked her privately, would you rather these numbers go out and speak against you and run against you and still win the house and you stay as speaker. i would imagine she would say, yeah, i welcome that. >> julie: why is only now the dems are turning on pelosi but no secret she is extremely unpopular. three national polls has her at 56% as far as unpopularity is concerned. do you think she may bite the bullet that her unpopularity may be hurting her party?

>> i think it's a matter of her having confidence in her leadership right now. democrats have really bet on the strategy that she put in place, for health care and cap and trade legislation in the house. now there are sometimes controversial bills. it's sort of live by the sword, die by the sword situation. i would be surprised to see the speaker decide to say she has an intention to step aside before the elections. >> julie: to be fair and balanced, it's not entirely unique to democrats, gop candidates have been talking about their support for john boehner who is poised to be the speaker. do you think we might be seeing some republicans straying? >> you see? of the republican leaders rallying around john boehner, they are saying he will be the speaker of the house if the republicans win the majority. there have been candidates that have been dodgey. you have seen just this week, one in virginia, number two

house republican, minority whip, he would be a better speaker. there probably be some sort of challenge but whether or not it's serious. >> john boehner has old ideas that democrats say is bushehr ra like. they are saying republicans such as john boehner aren't coming forward with new ideas and he doesn't represent those. do you feel that plays a while? >> the white house certainly thinks it's going to play a role they made a decision to define him going into the elections. the thought is, this is the man that would be speaker under a republican majority. let's try to define him and make him a liability the way republicans have made pelosi a liability it could work in their favor. the polls aren't showing that is not necessarily bearing out at

this point. we have two and a half weeks. >> julie: lots can happen in two and a half weeks. michael o'brien, thanks very much. >> gregg: dozens of miners going home for the first time but they are showing signs and symptoms that their ordeal may not be over. a live report from chile just ahead. diabetes testing? it's all the same. nothing changes. [ mama] then try this. new and improved freestyle lite® blood glucose test strip. sure, but it's not gonna- [ bp ] wow. [ man ] yeah, that's the patented eestyle zipwik™ design. [ woman ] did it just -- ta the blood? target the blood? yeah, it drew it right in. the test starts fast. you need just a third the blood of onetouch®. that is different. so freestyle lite test strips make testing... [ man ] easy? easy. [ man ] greatcall or click -- we'll send you strips and a meter, free. fr is good. [ man ] freestyle lite te strs. call or click today.

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welcome back. uncle sam is taking sides on california's marijuana bill. it's up for a vote in couple weeks. the u.s. government says it will

quote, unquote, vigorously enforce federal laws against smoking pot even if california voters make the golden state to be the first state to legalize the drug for recreational use. eric holder says they will enforce federal drug laws even if permitted under state law. coming up in the next hour, i'll be speaking with the white house drug czar for more on the story and you don't want to miss that. >> will two new mine disasters highlighting the danger of the industry, a dangerous mission underway right now in central china where they are trying to reach 16 miners after a deadly coal mine explosion. the blast killed 21 other miners. >> gregg: in ecuador four workers trapped 500 feet

underneath the earth after a gold mine collapsed. they hope to have the trapped men rescued very soon. a miner managed to escape, they say they are stuck in a small section five levels down. they say they are using the successful rescue effort in chile as an example. 33 rescued miners in chile have been released from the hospital. there are new signs that the emotional trauma from their 69-day ordeal is starting to set. in the health minister saying some of the men are showing symptoms of disorientation as they try to reacquaint themselves with life above ground. adam? >> reporter: you know there has been several different surprises

first of all, how strong they were physically. even doctors at this hospital took part in the entire time. they knew the miners were alive with medical care from above the ground and subsequently once they came here for some cases about two days to spend time at the hospital, that was good surprise. on the bad news side of things, maybe some of the psychological was a bit works than thought. some of the miners are waking up in the middle of the night when their shift would start. they had shifts set up. they tried to make life normal. one of the miners remained in the hospital has vertigo and one has dental issues. there is very letter details coming out about ordeal. they are sticking together as a blood pact. only a could you please have said anything, mostly criticism about the mining company and the

way the conditions of the meings in latin america. one the miners wrote a 30 chapter manuscript and the other miners took part. they have it here above ground and there are thoughts that will be turned into the first book and one of the first movies. a follow-up, many the miners are expected to get together tomorrow for a service that is supposed to take place out at the mine above the ground where they were rescued a couple days ago. >> julie: tonight geraldo will have an in-depth look of the amazing rescue tonight. tune in at 10:00 p.m. miracle rescue the khldzian miners' story and he'll join me at 7:00 p.m. eastern to preview some of the special guests he'll

have. >> gregg: does the car you drive determine perhaps whether you will be getting a speeding ticket? a new list on which cars get ticketed the most and why. find out what the top cars are on the list -- i'm kind of thinking lamborghini. [ commentator ] lindsey vonn! she stays tough!

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>> julie: time for the top of the news, rescuers battling dangerous gas levels and falling rocks as they rush to save 16 workers trapped by a coal mine explosion in central china. the explosion killed 21 other miners. >> gregg: early voting taking place in the state of nevada and several other states weeks

before the midterm elections, we'll keep a close eye on all the polling places. >> julie: and a sure sign of winter winter is on the way. look at this -- an early autumn snowstorm, that's right, dropping 4 inches of snow in vermont in upstate new york. >> gregg: let's get out there. pentagon is bracing for a new document dump by the whistle-blower website wikileaks. there is a debate on what the last batch may have had on our operations overseas. joining us is retired general who is author of a book rogue threat. it's a pleasure you are to have you. before we talk about the last document dump in july, the one that is about to happen, 400,000 classified army documents. the department of the defense is

telling fox news this means reports, quote on significant acts, unit level action and tactical material from the field. now, that sounds ominous. how damaging could this be to our troops? >> it's an outrage. these are spot reports from troops in contact that go back to headquarters and they outline coordinates where the action happened. sometimes units, sometimes it lists names of after began civilians with whom they were operating. for these documents to be released, its huge national security breach. julian assange should be declared enemies of the state and take appropriate to deal with it. >> gregg: what would that be? >> i think what you do is you capture and take them into custody and then you try to shut down these sites that tend to

move their service where of they are located and you stop the release of this information because at the end of the day, what we're doing is we're jeopardizing the security and safety of our young men and women in harm's way that are doing our bidding for us. let's not forget the capture of afghan citizen that was captured in germany that was held in internment facility, detain. facility he provided the information that killed the 8 folks that terrorists from hamburg and led to perhaps stopping this terrorist attack that was supposed to take place. so our action over there is very important and the release of these documents is very irresponsible. >> gregg: i don't want to overstate this. do you think that the wikileaks founder is responsible for perhaps helping to kill american

soldiers, if, indeed, that proves to be true? are you also saying that literally we should capture julian assange? >> in my viewpoint. he is collusion with the enemy. these documents are classified documents. the united states military and perhaps other governments, as well. i think assange is culpable and he needs to be treated as an enemy of the state. we are. >> gregg: an enemy combatant? >> in my point of view, yes. >> gregg: and we're getting a conflicting report, secretary gates is now saying after an assessment of what happened the document dump then, it did not apparently compromise our intelligence though did it jeopardize lives and national security interests.

as what was said by the chairman of staff, wikileaks has blood on their hands. which is a better assessment? >> i think they are both true. my sources tell me there is a classified task force in the area that is going through every single documented. from all the agencies around the area here and they are going through every single document trying to assess the damage done and if somebody is in jeopardy, maybe getting in front of the bow wave. secretary gates can say one thing but there is damage that has been done but we're forestalling it by having this task force set up. >> gregg: general tony tata, thanks for being with us today. >> great to be here, gregg. >> julie: we're exactly 17 days

from the midterm elections and brand-new poll revealing the majority of americans plan on voting for a republican two weeks from tuesday. peter doocey has the story. >> reporter: we are in the homestretch. one, people are putting a lot of stock into their votes and two, it doesn't look good for democrats. >> two weeks from this tuesday, voting booths across america will be packed. 48% of likely voters said this week they will back the republican candidate in their congressional district, just 39% said they will back the democrat which gives the gop a 9-point advantage. those same voters say they are twice as likely to pull the lever for a candidate they agree with on economic issues over a candidate that shares their views on social issues, a majority 61% think life for the

next generation of americans will be worse than it is today. >> i think it's going to be worse. with the education, our education is bad. the economy is bad. our fitness is bad. i think it's going to be hard. >> 27% think life for their kids will be better. >> i think it's going to be better because they are so resourceful and they will have a lot of ways to work things out. >> in the run-up to the mid terms we've seen many thousands of americans exercise their right to protest. 43% would rather get stuck in the middle of a conservative demonstration. >> probably be more respectful. >> while 28% would prefer getting stuck in the middle of a liberal demonstration. >> would you rather get stuck in street demonstrations are conservatives or liberals? >> liberals.

>> why is that? >> the music center. >> that is the guy that thinks he has it figure out, he hasn't listed to several great players. >> gregg: the job market is looking quite grim. hundreds are back on the unemployment line after a temporary program provided for them expired. state officials say it was a quick fix similar to the new deal in the great depression. now live from atlanta, elizabeth what is this program about and why did this county need it so badly? >> the county's unemployment was breaching 30%. the nation is about 10%. just about a year ago they lost two of the their largest employers. both of them downsized. that is when the county mayor

said we are in desperate need of help. take a listen. >> we are experiencing 27% unemployment making the second highest unemployment in the nation. during this program, the unemployment was able to be reduce today ro approximately 13%. >> he is talking about basically a work to program. stimulus programs the federal government funded public sector jobs, everything from the bakers shop to the hotel so any one with skill sets basically a job immediately. >> so i take it the assessment is this jobs program did, indeed work, albeit briefly? >> right. if you look at the numbers. when you unemployment went from 21% to 13%. this is one of the successes of the program they hired 12

employees at the start of the program. they retained 11 of them and they also went from making 70,000 to 700,000 ties a year. putting on those extra employees and not having to worry about payroll gave them a boost. take a listen. >> our business could expand because we could get more on the road, opening more places. that would create more jobs. >> there is still about 300 people out of work in perry county. there is about 7800 residents so that is big big chunk. >> gregg: elizabeth, thanks. >> julie: the cost of living keeps going up but the government just announcing social security checks will stay the same again. what it means for millions of americans who depend on it to survive coming up. if you get a speeding ticket is it really your car's fault?

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call now or log on to childrensdiabetesfoundation.org. federal government announcing that people who get social security won't be getting a cost of living increase. that means for a second year in a row, social security recipients have to make due with the same check amounts even though bills and costs on everything else seems to be going up. social security administration saying inflation has been too low to warrant a cost of living increase. so what should those who rely on social security do now? dominic is were us. would that be a fair assessment if it were up to you because of inflation for the second time in a row the social security checks

are not going up? >> the problem is the way they measure inflation is really not very fair to these people who are retired and for is most part 60% this is most significant of their income. they are measuring prices of housing, food and color tvs, we know that in some cases, the prices of those items have dropped dramatically including the price of gasoline. for the average senior who is depending on this social security income, think about things like prescription, the cost of going to their doctor, real estate taxes they haven't gone down in the last two years. the way social security measures these things, they are not getting an increase. >> so are you saying seniors are being treated unfairly. >> because the majority of their income, they are not going out to dinner every night. they are looking at medical

costs have gone through the roof. >> julie: you bring up a good point, medical costs, because with president obama's health care reform there was a lot of concerns that seniors and their medicare would be greatly affected. so combine medicare, health care reform and social security checks not going up two times now and what do you get? >> people who are going to have very difficult time in the following year. prescriptions alone have gone up 10%. medical insurance premiums have gun up higher than that. they will have a difficult time going forward. >> julie: with social security being the primary source of income for a great majority of americans, 64% of retirees. that is a huge disadvantage for so many of our seniors. i guess do you need think differently about retirement given these circumstances? >> if you are not retired yet and younger and have a long time to go, if you are not paying

attention, if you are not seeing the writing on the wall you have to be walking around with your eyes closed. this system it is broke today. they are spending more money today than they are collecting. so the solution to this is going to be painful for the younger you are. they are going to push out the age of retirement. we're hearing it may go out to age 70. and who is going to be eligible for social security, put income limits in place, you have to take care of yourself. >> julie: and define benefits and your benefits plan with your company, you need to know, what are the best benefits? >> traditionally, not too many decades, you worked for ma bell and you retired for life. those planning are gone. you have to go to a define contribution plan, in english, a

401-k and simple ira, these are salary reduction plans and huge incentives to take advantage of them today. >> julie: thank you so much. it's going to force retirement to people up to age 70 which means you have three years left before you retire. what are you going to do? >> the truth is folks, she is older than i. >> gregg: coming up two federal judges would w two different takes on the health care law. it may be unconstitutional and the other finding, congress does have the authority to pass this thing. which judge is right, our legal panel is here to break it down and also, taking a flying leap off a bridge, turning into one of the largest annual events in west virginia, yikes! aren't you sick of these airline credit cards

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>> gregg: new buzz on the road for the health care reform bill. it appears the courts are divide order this issue. one federal judge ruling suggesting he may be sympathetic the law is constitutional. that is federal judge in florida. yet another judge, this one in michigan, ruled just last week that it was perfectly legal. who is right and who is wrong. joining us is mercedes and joey jackson. good to see you both. mercedes, supreme court has said historical if you choose to

engage in an activity, for example growing wheat although only for your personal consumption, nevertheless you are engaging in interstate commerce and congress has the power to regulate. the florida judge, he wrote the following. in this case we are dealing with something very different. the individual mandate applies across the board. people have no choice. it's not based on activity that they make the choice to undertake but rather it's based sole loy citizenship and being alive. does this sound like a judge who is leaning declaring unconstitutional? >> unquestionable. the issue is this -- what congress is trying to do is they are trying to regulate person's inactivity. what in f an individual for whatever reason they don't want the health care. they can't pay for the premiums. it's going to cover 30 million

americans, there are vast number that are still not going to be covered with this obama bill. they are arguing, we don't want health care. it's regulating inactivity which is obviously unconstitutional and what the judge --. >> gregg: and congress can say everybody has to join because it will lower health care costs, too. joey, a michigan federal judge, both of these guys, they know the constitution. here is what the judge in michigan declared, quote, decisions to forgo insurance drive up the cost of insurance, the cost of caring for the uninsured are shifted to health care providers, in higher forms of premiums. these decisions substantially interstate congress. he declared to it to be constitutional. does he have a point? >> he absolutely does. let's look at this.

not having insurance, the uninsured has cost this country $63 billion in one year,. what does this bill seek to do? it seeks to get 16 million more americans. now government constantly regulates. we drive we are mandated to carry insurance for our cars. interstate commerce gives congress the regulatory authority to stay on top of this. they have an ultimately, gregg, whether we like it or not, this will be declared constitutional. >> here is the biggest issue. the difference, the individuals mandated to buy insurance has a cost. but this it doesn't matter whether you have a car or not, you are required to pick this up now because you are a u.s. citizen. you have no choice. >> but what happens a person's health has an effect on other

people. the fact that i am not a healthy person is going to affect you in whatever way. whether it's be breathing on you or pick up premiums because i'm stick and you have insurance and i don't. and ultimately --. >> gregg: second issue that was argued. feds claim the financial penalty for failing to buy health insurance is a tax. judge vincent said, you know what, you guys called it a penalty. then, the judge cited a supreme court case on penalties. congress may impose penalties in either the aide or exercise of the enumerated power and, of course, joey, the congress clause is an enumerated power. so either way doesn't congress have the ability to tax or penalize people who don't get insurance? >> you know what, a tax by any other name is still a tax.

congress has this authority. what is problematic, this basically goes down to political grounds. 20 states are challenging it. if you look at it the attorney general or governor of the states, 19 republican. what does that say? it's a political wedge issue. ultimately the democrats passed it and republicans are upset and ther using the laws to hide behind. >> gregg: the plaintiffs say look, it coerces us to absorb these huge expansion of medicaid costs. here is what the judge wrote about that. quote, the current status of the law provides very little support for the plaintiffs' coercion theory argument. so mercedes, will the state likely lose that argument? >> i'm not sure. i think the states have to come forward and say tenth amendment. we are permitted and we have the right under the constitution to govern ourselves. what this is doing is saying, no

you are taking our right to govern health cared and the right of the state. you, federal government, is taking the tenth amendment says, absolutely not. there is permission, they have the right. >> gregg: i have to leave it at that. we're completely out of time. i want to say hello. i wanted to say, arthur, feel better, i love you. you are my ironman. >> julie: heart surgery and we are happy he is out of it. >> julie: we're w 17 days to go until the crucial election day, voters in some states are already casting early ballots. are there any early signs which way they are leaning. a live report coming up in the next hour.

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a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. and celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, including celebrex, may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly

are at increased risk for stomach bleeding and ulcers. do not take celebrex if you've had an asthma attack, hives, or other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor about your medical history and find an arthritis treatment that works for you. ask your doctor about celebrex. and, go to celebrex.com to learn more about how you can move toward relief. celebrex. for a body in motion. >> julie: welcome. >> just 17 days left until the 2010 midterms.

the big guns from both parties, they're out in force. fox news bringing you team coverage, fair ask balanced. molly with the president and carl in nevada. let's begin with carl where the early voting starts in the silver state today. carl, the polls have been opened for about five hours now. how are things going? >> it's been amazingly steady. there has been no time at all today where a voting booth hasn't had somebody in there punch not guilty their votes. tremendously busy on the first day of voting in nevada. that has been the case we're told, around the state and in other places around the country, particularly where there has been competitive races. here you've got harry reid and sharron angle. the most important race, because the democratic senate majority leader's job is in jeopardy and sharron angle has been wage ago tight race. as a consequence, lots of folks out here. over the course of the primary season, about 4 1/2 million more republican votes were cast than democrats.

there is a lot of indication that the energy might be on that side. here today, folks are excited to be able to get underway, they've been inundated with ads and phone calls. to some degree there is closure to be able to investment here is a sampling. >> the word great, you fill out your sample ballot, so it doesn't take you that long to vote. we're good and all the poll workers were great. >> i did early voting. i was very happy to do it and now i hope all those telephone calls will stop. it went very smoothly, the poll workers were wonderful. the lines were long, but it moved quickly. >> there are about a million one registered voters in nevada and by the time it's done, late november 2, about half of the votes will have already been cast by early mail-in voting and like this. >> gregg: as i understand it, early voting is underway in a bunch of states throughout the country. what sort of impact is it making? any way to tell? >> yeah.

absolutely there is. it's given the campaigns on both sides an opportunity to organize and sort of have a feel for what the momentum is like and build a base of votes in the bank, if you will, long before people have to count them on november 2. across the country, 35 states, two-thirds of the nation's states, have some sort of early voting, whether it's go to the voting places like they do in nevada. now two weeks on before the election, or in oregon and washington, they have all mail in. or states where they have lax absentee ballot rules where you don't need an excuse to get an absentee ballot and you can mail it in in advance. the risk there is it's a close race, absentee ballots are counted. if it's a wide margin, they often stay in a box and never get tallied. so folks who do that are at risk of not having their vote count. it's a phenomenon growing and parties are spending more money trying to exploit and take advantage of it. >> gregg: carl cameron live in

nevada, thanks. >> julie: president obama in the base states -- bay states stumping for gubernatorial candidate duval patrick. hoping the president's presence will give him the boost he needs to win. the massachusetts democrat is facing a tough challenge from republican charlie baker. typically democratic state, molly has the details. what went down at the rally today? >> this rally was a big rally and the president was greeted with a roaring crowd as he stumped for his friend and political ally. duval patrick is in a tough race for reelection. he's the incumbent governor and needs to beat out charlie baker and the independent tim cahill. the latest poll shows the incumbent governor with a 7 point advantage. but this is still a tight race and especially in these final weeks, anything can happen. democrats are hoping the president will rally the base and pull in the democratic

voters which are not as enthusiastic compared to the republicans. the last time the president campaigned here in massachusetts, he campaigned for attorney general martha coakley, as you may recall in january, lost that race to senator republican senator scott brown, which may have changed the landscape here in massachusetts. here is president obama today at th rally. >> duval has steered this state through some very turbulent waters. he could have spent his time in office figuring out how to stay there. he could have spent his days looking at the polls and avoiding tough decisions. but you didn't elect him to do what was easy. you elected him to do what was right. and that is exactly what he has done. >> president obama stayed speaking there. duval patrick, unlike some other

democrats around the country which may have thought to distance themselves from the president and his agenda, governor patrick has done just the opposite and welcomed his friend here with open arms, calling him a wise leader and saying essentially that they're trying to go in the same direction. >> julie: what do republicans have to say about the president's visit? >> understandably, charlie baker believes that this is a show of desperation on the part of the governor here in massachusetts. that's his point of view. here is what he has to say about it. >> the governor is worried. he's worried about the fact that our message has been resonating with voters. voters are interested in seeing big government get reformed. they're interested in seeing somebody who has private sector experience who will cut spending. >> the challenge that charlie baker faces that he really needs to pull in those independent voters in massachusetts. republicans make up about 12% of the vote and independents are what really came out and what helped scott brown win this

election. charlie baker needs to pull in those independent votes as well. >> julie: thank you very much. molly line in boston. >> gregg: election watchers are wondering whether president obama is trying to deflect voter anger from the white house and on to anything else. absolutely anything. recently the administration has gone after house minority leader john boehner, as well as repeatedly using the blame bush tactic and even attacking the u.s. chamber of commerce for spending millions of dollars in political ads aimed at democrat democrats. politico.com is saying that president obama is looking as erratic as gym did -- john mccain did in 2008. here is brian, a republican strategist, partner at kraft meet i can't digital. richard, politico is essentially saying the president is off message, he's tone deaf, flailing around for an effective line of attack and that picking

on painer and rove and third party conservative groups and harping about funding sources for outside donors isn't what americans care about. is this kind of a flashback 08, is obama the new mccain? >> i don't think obama is nut mccain. i think the problem they're having relates to the fact they're trying to govern as we emerge from the worst economic crisis since the great depression. and their argument, if they were being truthful, if the democrats were being truthful, their argument would be that things would be a lot worse if we hadn't done what we had tried to do to fix the economy. but that is a very difficult sell right now, especially in the time when people are very angry and really just struggling still with this horrible economic issue. >> gregg: brian, fair and balanced here, republicans aren't exactly lighting up the screen and exciting anybody or everybody. i want you to take a look, we'll put it up on the screen.

our latest fox dynamic opinion poll came out, congressional democrats have a higher rating. brian, these are registered voters. these are folks who are going to vote. when it comes to ideas in performance, your party is not doing any better, is it? >> it really comes down to governing. that was the point that was just made before. really are they working to govern? they adjourned congress before they even tried to put tax cuts on the table, bethey tried to put permanent tax cuts before the congress. so they're not really trying to govern. we are seeing i think erratic is the term, gregg. the president has been erratic. this kind of enemy's list going after his opponents and anyone who is against his agenda really is a sign of desperation. it's really someone who doesn't have a message, it's a party that's flailing and lost. and the american people have rejected the policies of this

administration, of this congress and of nancy pelosi, and that's what we're going to see on election day. >> gregg: let me get the questions in. i don't want a free for all debate. i'm picking up on that, richard. maybe the president is engaging in all of these ancillary attacks because as politico describes it, his record is unpopular. let me quote them. put it up on the screen. the hero worship of 2008 is a distant memory for many voters. unemployment has increased on obama's watch and voters either don't like health care or don't care about financial reform. his signature policy accomplishment. by the way, maybe we could add stimulus to that because that's widely unpopular. is this a record to run away from, not run on? >> just to respond to brian, the republicans have offered no solutions at all. the republicans are running on a message of anything but what you've had. again, i say the -- >> gregg: respond to my question. will you?

is this a record to run away from, not run on? >> it's not a record to run away from. i think the problem president obama has is not able to change the culture and not able to fix the economy quickly enough. but these things will take time. his message to voters right now is stick with me. we're on the right course. this is going to take some time. we're not going to recover overnight and if you -- but what we can't do is go backwards. if we go backwards to what we had two years ago, it will be back. >> gregg: richard, if as you say this is a record that you don't need to run away from, why is it that not a single vulnerable house democrat is featuring the stimulus bill in their ads ads d nobody? >> the stimulus has not worked as quickly as we would like it, but we are on the right path and the health care bill, while it was transparent, it was a little bit of an inside job and they haven't sold it right. so the democrats have a little problem. no question. everybody thinks all the smart

people think the democrats are probably going to come close to losing one if not both houses. it's not because they have nothing to talk about. it's because things have not happened fast enough. >> gregg: brian, americans appear to be fed up with government spending, every poll tells you that. you know that. but to be fair here, george bush ran up huge deficits. he nearly doubled the deficit from $3.3 trillion to $3.6 trillion. isn't it hypocritical for republicans to accuse democrats of all the spending? >> again, we're talking about the past here. but george w. bush was fighting a war against terror after september 11. our country went into debt and deficit to fight this war in many different places overseas. that's clear. >> gregg: come on. it wasn't just war spending that drove up the deficit. you know that, brian. >> well, there is more spending and they kicked up the members of congress who are responsible for that. but what we're seeing here is a

massive amount of spending on projects that have not worked. we're continuing to see unemployment climb. i just read a report about consumer confidence going down. further and further. what does the administration put forth? more spending. >> republicans have no credibility on spending. they are the ones who created this deficit. last time we had a balanced budget, we had a democratic president. bill clinton was the first time we had a balanced budget for three years straight. >> gregg: gentlemen. -- >> the anger you see is the anger that both parties are facing. >> gregg: there is plenty to go around, that's for sure. richard, brian, good to see you both. thanks. >> thank you. >> gregg: by the way, in addition to the candidates running for mid terms, there are controversial ballot measures, including prop 19 out in california. if passed, it would make the golden state the very first state to legalize marijuana for recreational use. later on in the program, i'm going to be talking with the director of the office of the

national drug control policy, the white house drug czar. we'll ask him for his take on what's happening. >> julie: finally set free after being held in an iranian prison for more than two years. iran accused 71-year-old man of passing $200 in cash to a man with ties to a violent opposition group. but he denies knowingly supporting the group. his family says tehran officials didn't give a reason for his release. his lawyer had asked, though, he be freed on humanitarian grounds due to poor health. >> gregg: series of blasts rocking afghanistan, killing at least two civilians, wounding several others, at least four separate attacks striking the city of kandahar within two hours. american and afghan troops have been ramping up security in kandahar for months now in an effort to gain control of the country's largest city and protect its people from insurgents.

>> julie: wikileaks warning it is planning another whopping document dump. this time releasing 400,000 classified pages related to the iraq war. now as you may remember back in july, the web site exposed thousands of secret documents about the war in afghanistan. jew legal kirtz has more. >> the pentagon is concerned the impending release by wikileaks could contain a huge database of classified iraq war tactical reports. defense department official telling me today that includes reports on significant acts, unit level action, and tactical reports from the field. the pentagon does not know exactly what wikileaks has, but it is bracing for another massive leak in the next few days with a task force of 100 or so people ready to review the leaked documents. that team was set up after the july leak of the afghan war logs to look for names or sensitive information that could compromise or harm people who work with the u.s. or put u.s.

soldiers in danger. of course, the new release is reported to include nearly 400,000 pages of classified u.s. army documents on the war in iraq. that could make this -- that would make this the single largest military leak in u.s. history. remember, in july, wikileaks founder posted on his web site more than 70,000 pages of material on the afghan war. he's not responded to my e-mails today on the expected new release as early as this weekend. meanwhile, the pentagon confirms defense secretary robert gates wrote to senator carl levin, chairman of the armed services committee back in august 16 to say that an initial assessment by the pentagon concluded that the afghan war release by wikileaks had not compromised any american intelligence sources or practice. we haven't seen the letter, but a defense department official tells me the secretary gates also noted in the letter that in his view, the leak did pose a

potential risk to individuals. so the debate and the investigation continues even as more secret war documents are expected to be released very soon. julie. >> julie: thank you so much. >> gregg: reports are surfacing that the wife of a terrorist who executed the mumbai attacks warned the f.b.i. three years in advance, according to the "washington post." investigators were tipped off about the man who played a key role in those attacks that killed 166 people. james rosen reporting from washington. >> the information that the wife of one of the conspirators in the mumbai attacks gave to the f.b.i. may have figured in the warnings that u.s. officials conveyed to indian authorities prior to the bloodshed. those attacks in november of 2008 involved close to a dozen coordinated shootings and bombings across india's largest city, including an assault on the iconic taj mahal hotel. 166 people were killed over two days. the attacks were carried out by

let, a terrorist group with al-qaeda connections. a chicago man, david coleman hedley, later pleaded guilty in connection with the attacks. the "washington post" reports back in 2005, hedley's wife, after learning he had another wife and more children in pakistan, and the two got into a physical altercation, went to federal authorities in new york and in the course of three interview, told them hedley was involved with l.e.t. hedley was arrested for domestic assault at the time, but not prosecuted. the episode bears some similarities to the foiled christmas day airline bombing plot against northwest flight 253. in that case, you'll recall the father of the alleged bomber, 23-year-old bomber took his concerns to c.i.a. officials in nigeria. that led to the placement of abdulmutallab on one counterterrorism data bank, but not to the u.s.'s no fly list. >> the front line in warning us about the potential existence of

jihaddists among us, not yet terrorists, but the jihaddist, are members of a family members, of a club, association and in government, unfortunately, we don't have yet a good reception for that. we confuse indicators of terrorism with indicators of family disputes. that's not the same thing. >> he added that l.e.t., the group that carried out the mumbai attacks, remains a threat to u.s. security interests. >> gregg: james, thanks. >> julie: sad news to report from santa monica, california, one of america's original tv moms, barbara obligesly has died. she played june cleaver on "leave it to beaver" which was watched for decades afterward. but by many generations of kids in the world of reruns. she later achieved cult status for her role as the so-called jive lady in the 1980 comedy "airplane." her spokeswoman says she suffered from a rheumatoid

disease. she was 94 years old. >> she was great. she was sort of the -- she always wore pearls and a dress on the program. you never saw her in anything else. >> julie: i think a lot of our viewers will laugh when you think about the scene in airplane when she was speaking jive, which was his hysterical. >> gregg: you had to watch it several times to understand her. >> julie: i don't even know if she knew what was coming out of her mouth. but it was funny. >> gregg: she'll be missed. a new tip comes in in the disappearance of a ten-year-old girl. why cops are calling the new lead significant. >> julie: the guessing game underway on who will succeed robert gates as secretary of defense. the military analyst says would be the best choice next.

>> julie: wouldn't you like to blame your car for your next speeding ticket? the list of most ticketed cars on the road is out and the winner is the mere say disease benz sl class convertible. if you drove something like that, you would probably go over the speed limit. a report revealing drivers of this car cited four times as often as others. mere say disease had three models among the most ticketed. they're responding to the report saying, these are fun to drive cars and sometimes people have a little too much fun. enjoying them. next on the list, the camry solara coup and scion tc, followed by hummer h 2 and h 3. i thought those were extinct. i guess not. >> gregg: time for the latest headlines. president obama appear not

guilty a boston rally for duval patrick. he campaigned coast to coast in hopes of energizing democrats. french government urging drivers not to panic as nationwide strikes trigger scattered fuel shortages. french workers protesting a plan to raise the retirement age to 62. north carolina police saying a ten-year-old girl was seen in public at least two weeks before she was reported missing. this is significant because investigators had previously said they couldn't find anybody outside her immediate family who had seen her alive in more than a month. the girl's stepmother has been charged with obstruction of justice in her disappearance. washington buzzing about who will be america's next defense secretary. robert gates, the man currently holding the post, making it clear in recent weeks he will step down in the very near future. he just hasn't said when. whomever does succeed him will

have the afghan war on their hand, plus 50,000 u.s. troops remaining in iraq for starters. let's bring in fox military analyst major general bob scales. thank you so much for being here. >> hi. >> julie: instead of washington, d.c finally after six years, i think of interviewing you, i see you in person. let's talk about the defense department and what happens when gates retires to not only the defense department, but gates obviously had his hands very much full of the war in afghanistan. what happens in afghanistan? >> well, the first thing that's going to happen is gates has been the big champion of winning the wars we have. not the wars we want. most analysts i talk to tell me that once gates departs, we'll see a resurgery essence of sea warfare, things not directly to the wars we're fighting. >> julie: such as china? >> iran is another theater of war we're talking b. but most

folks say that gates' fixation on current war is what keeps the resources flowing and afghanistan and into iraq. once those troops start to come thome, the dynamic will change. >> julie: once he's not there, does that mean the resources will be pulled back, mean ago pullout of afghanistan will happen sooner than later? >> that's a very good question. most people i talked to say without gates' bully pulpit, you'll begin to see pressure within the administration to start pulling out of afghanistan. faster particularly if the news is good and the december strategy review and june strategy review of next year. >> what the the possibility of a republican running the pentagon? >> not likely to happen. the principle candidates are michelle flornoy, john hamry, who runs csi, a big think tank. richard danzig, campaigner to obama and hillary clinton's name has been thrown in now and again. >> julie: moderate republican, colin powell.

as a former secretary of state, i don't know if he'd be interested in such is a job. you know him personally. >> i do. a couple of points. colin powell is 74 years old. he run has successful youth campaign, which is going very well. no one has asked alma paul what she thinks. for those who wore the uniform, he's certainly the favorite among those serving now. >> julie: he has consulted with obama, including on afghanistan since endorsing the president two years ago. so he does still have a voice. >> this is important because one of the things he brings to the table is sort of a neutral voice in the side lines, able to sit back and offer reflective advice instead of being in the lights on television trying to describe it. >> julie: let's talk about other names. senator jack reed, a democrat from rhode island. i'm not sure that democrat would necessarily want to give up a democratic seat. >> but west point graduate,

probably one of the most respected on both wars. the democrats probably aren't willing to give autopsy democrat. >> julie: with the election coming around, the time something a bit combiersome. how long do you think until he retires? he says the near future that. could mean a year. >> all the odds makers are saying april, may june. >> julie: all right. let's talk about the c.i.a. director and whether or not -- leon panetta. you take him away from the c.i.a., then you've got to fill his shoes. those are big shoes to fill. >> the thing about panetta that surprised most people is he is highly respected inside the c.i.a. for standing up to his troops in very difficult times. to pull him out tikritcal period would not only be a bad political move, but it would also be bad for the morale of the agency. >> julie: hillary clinton that, a real possibility? >> no, no. >> julie: her name is out there.

>> one thing about secretary clinton is she tends to finish the job she starts. i just can't see her walking away. >> julie: they've also potentially talked about her being a vice president to president obama. i don't know. this is all gossip. >> it's all gossip. >> julie: you probably hear it more. >> i do. but not likely. >> julie: and i just want to talk about some of the other -- you touched on michelle flornoy. >> specific person. she's number three in the pentagon. terrific resume for policy and strategy. >> julie: she's the only woman. >> she's the only one, but a very bright one. >> julie: does she have the muscle to handle this job? >> there is no question that she does. >> julie: and so what's your guess? >> it comes down to three. danzig, hamry or -- >> tell me about danzig. >> he's an intellectual, friend of mine. he really understands strategy

and he understands how to manage theory and ideas and he was very successful as a secretary of the navy and also an intimate of the president. so he's one of the top three. >> julie: one of the top three that will take the wars in afghanistan and the 50,000 remains troops in iraq, the same way gates did? >> a job i wouldn't wish on anybody. can you imagine how hard it will be to end two wars, to take care of our wounded warriors, to restock weapons, fix the acquisitions, it goes on and on. these next two years will be very difficult, particularly if the administration starts to reduce the size of the budget and starts pulling people out. >> julie: this is a disaster for president obama come reelection time. great to have you in studio with us. thanks. >> gregg: a developing situation in another mining disaster. we'll have the latest details as rescuers fight to save 16 trapped miners. >> julie: plus the world watched as they took their first breaths

of fresh air. 69 days fighting for their lives, 2300 feet underground, we're live in chile for the latest on those 33 miners.

>> julie: the bottom of the hour, time for the top of the news. sarah palin hitting the campaign trail tonight, speaking at a republican rally in orange county, california. however, the state's top two gop candidates, whitman and fearry in a -- fiorina, won't be present. >> gregg: we're monitoring the mine blast in china. battleing coal, falling rock. authorities confirming at least 21 miners were killed in the explosion. >> julie: yet another mine situation developing right now in ex i can't dor where rescue

crews pumped in fresh air to the men. they got stuck on friday after the mine collapsed on them. >> gregg: they spent 69 long days fighting to stay alive 2300 feet underground and 31 of the 33 miners are home safe with their families. but now some new signs are surfacing that the emotional trauma they experienced is really beginning to set in. adam housley is streaming live from chile. adam? >> it was quite an interesting way the miners left this hospital. the first three left by themselves on thursday. then friday we were told a majority of them had already left or were going to be leaving. and as announcement was coming out, all of a sudden, you heard a convoy behind the media, behind the press conference and cameras and people here locally are chasing the convoy down the street as the miners went home to their respective places in this part of the country. as that goes on, there is a couple of points coming out that

we've been hearing. first of all, we were speaking with one miner threw a contact here locally and now we've been told that miner has signed a deal with a german television station and we've been told that a number of different tv stations from around the world, of course, we don't do that -- are offering a money to them. what they do is that money is supposed to be put into a main account where they hired an accountant who will equally cut up the money, equally distribute it among them once it's all said and done. we've heard a manuscript was put together by the miners throughout this whole time them underground. on the bad news side, while their physical health seems to be much better than anybody expected, their mental health may be a tad more -- i don't want a to say in jeopardy, they need to be followed for up to six months because we've been told over the last two nights, some of them have been waking up, at the time they normally had their job scheduled in the mine 'cause when they were down there for 69 days, they actually set up a schedule where they had specific job duties and some are having trouble sleeping.

there are some issues here and lingering issues that continue to bother some of them. as the government has said, they'll be paying for their salaries the next six months and they've been told their children's schooling will be paid throughout their school lifetime. gregg? >> gregg: adam housley, live in chile, great reporting. thanks. tonight geraldo rivera will have an in-depth look at the chilean mine rescue on a special ed addition of geraldo at large, miracle rescue. don't want to miss it 10:00 o'clock eastern on the fox news channel. >> julie: he'll be joining me later with a preview. new rasmussen poll, shedding light on what the senate may look like after november 2. right now democrats are trying to hold on to 17 contested seats. republicans, 18. democrats holding a 59-41 majority over the gop. what the map is projecting in

the senate after election day, democrats would hold only 48 seats. the gop, 47. and then there is five toss-ups. all the toss-ups are the states where democrats hold the seats currently. scots rasmussen joins us now. and this just coming in just now as we speak. you've got new polls about colorado. why don't you tell us. >> in colorado, cep buck is leading bennett by two points, 47% to 45%. that's the closest the race has been. so we're moving that race from leaning republican to the toss-up category. so the republicans would have 46 seats, the democrats 48 and there are by democrats, where republicans

are expected to make gains. toomey ahead by ten points in pennsylvania. if you remember, seems like forever ago, but a year and a half ago, arlen specter was forced out of the republican party. he was the first of these tea party, i guess, attacks to knock out an incumbent and a lot of the republican establishment said with specter gone, the republicans have given up that seat. it's not working out. >> julie: it's interesting because the seat which was held by arlen specter, who had recently changed parties from republican to democrat, stating he did so because he couldn't get reelected if he stayed a republican. boy, he's eating those words. >> yeah. and he switched because he couldn't win the republican primary. then he couldn't win a democratic primary either. and this is a race that was -- that the republicans really gave up on a year and a half ago. then pat toomey came in, seeing a lot of white working class democrats in pennsylvania, the people who voted for hillary clinton over barak obama in the primaries are now tend to go vote for the republicans and

particularly in this race, for pat toomey. >> julie: how about the west virginia race to fill robert byrd's seat. west virginia is once again a toss-up. >> it really is. we saw john reesey opening up a six point lead. governor manchin is doing everything he can to distance himself from the president, almost denying he knows him. he's open to repealing parts of the health care law. he took a shot at the cap and trade bill. one of the reasons? 64% of voters in west virginia believe that cap and trade bill will cost jobs in their state. if manchin is able to distance himself from the president, he'll win this. if not, if people think he's going to go to washington and be part of the democratic majority, then racy will come out on top. >> california, the senate race incumbent democrat barbara boxer defending against republican challenger carly fiorina.

in this race, it remain has toss-up. >> that's right. boxer up by 3 points just under the 50% mark. she's been potentially vulnerable a lot of times in her career. carly fiorina putting on a very strong fight for this seat. has been trailing consistently, but very closely. what we see is both candidates viewed favorably by half the voters statewide. both get strong support from within their own party. fiorina has the edge among unaffiliated voters, but it's california. there are more democrats for boxer to draw on. >> julie: another interesting race is alaska and republican lisa murkowski lost the primary to joe miller and she reinserted herself as a write in donald date. that caused controversy. now murkowski and miller are actually in a statistical tie. >> and look, it's very hard to pull for a write in candidate. the numbers shouldn't be treated with too great of precision. over the last couple of weeks, miller lost 7 points.

murkowski gained 7 points. murkowski is used favorly by 53% of the voters in the state. miller by 39%. so either way, the winner is likely to caucus with the republicans in washington, but there will probably be real disenchainment among the tea parties if she pulls this off. >> julie: voters need to spell her name. she's got to keep her fingers crossed she's got good spellers in alaska. >> it takes a lot of effort to do a write-in. >> julie: thank you so much. >> thanks. >> julie: other news, the new york man suspected of stabbing his parents to death is being sent back to the united states. he's expected to arrive tonight. police say he ran off to israel after killing his parents on wednesday. >> he's believed to be schizophrenic and on the run from the new york police department.

israeli police arrested him on friday. he was detained at israel's airport after trying to buy a one way ticket to leave the country. he appeared on stable, spoke to himself, wasn't sure what he wanted. he wasn't sure if he wanted to purchase a ticket or not, says this airport attendant. eventually he decided to buy a one way ticket to leave the country. i asked for a credit card. it didn't work. this also raised an alert because of the circumstances because he was not stable and calm. israeli police say they were searching for him for 24 hours at the request of the new york police department. he is not an israeli citizen. it's not clear why he traveled to israel. while in israel, he wanted to buy one way ticket on a turkish airline to beijing. they found his parents wednesday night after a 911 call from a relative. the "new york post" reports that the couple's daughter found their bodies. he's expected to be extradited to the u.s. within the next hour

>> gregg: california is known for its ground breaking policies. could it be going to pot? the golden state may vote to legalize recreational marijuana on election day and the white house drug czar will be joining us live coming up next to talk about it. >> julie: and let it snow, let it snow. yeah, that's right. vermont's ski resorts are receiving the first snowfall of the season. but is it time to wax up your skis? find out.

>> julie: we haven't had halloween yet, but we're seeing snow in the northeast and lots of it. killington, vermont is famous for its skiing. they got four-inches on friday in upstate new york. the fall foliage was covered by two-inches of snow. it can only be one thing. the ski resorts are prepping for

business. >> it's amazing. mother nature totally stopped by to remind us that winter is around the corner and we're absolutely thrilled. >> julie: don't load up your skis just yet, though. it will be a few more weeks before the ski areas are open for business. >> gregg: the state of california could become the very first state in the nation to legalize recreational marijuana, but not if the feds have anything to say about it. my live interview with the white house drug czar in three minutes. count them. i can do that. i can talk and use my hands.

>> gregg: when californians go to the poll, they'll cast their ballot for a new u.s. senator, or maybe the old one. how about a governor and

proposition 19? it would make it legal to grow or sell marijuana for recreational use. but the u.s. attorney general now promising to fight to block that law. but supporters say it's good old-fashioned state rights. joining us now to talk about it, the director of the office of national drug control policy, also known as the white house drug czar. pleasure to have you with us. thank you for dropping by today. >> thanks for having me. >> gregg: the attorney general, eric holder, announced if prop 19 passes, he's going to, quote, vigorously enforce federal drug laws against californians. what does that mean? does that mean that the feds are going to start busting pot growers and users? >> no. what it actually means is exactly what the attorney general has said in the past and continues to be that the united states government will continue to enforce what's called the controlled substances act. marijuana is illegal under that

act. >> gregg: how do they enforce it? >> right now the drug enforcement administration, united states attorneys and the rest of the law enforcement resources can be used and have been used. >> gregg: to do what? >> to enforce the drug laws. >> gregg: what does that mean? to me, and i'm a lawyer, that means you're going to go out and bust people if you're going to enforce the law that makes it illegal to possess or grow marijuana. >> and they have been and they continue to do that. when you look at some of the shams that have been perpetrated on the voters of california when you read proposition 19, you really clearly see that it's being sold under false pretenses. >> gregg: look, the feds threaten to take similar action. we're going to go out and bust people when prop 215, medical marijuana law was passed years ago. they never did it. if the feds didn't start arresting people back then, why would they do so now? is this a bluff? >> i disagree with you. there are a number of indictments, and you can look

from san diego throughout the rest of the federal districts in california where federal charges have been made on so-called medical marijuana dispenserries. >> gregg: any convictions? >> the attorney general said earlier was that medical marijuana dispenserries that were letterly operating within the state law, that he'd use those resources, law enforcement resources in a more appropriate way and that makes sense. >> gregg: the former surgeon general supports legalizing marijuana and, in fact, she said the following, quote, i think we consume far more dangerous drugs that are legal, cigarette smoking, nicotine and alcohol. does she have a point? >> i think the point is this, is that if marijuana already causes significant problems as an illegal substance and we know from voluntary calls to hot lines for people who need help with a substance abuse problem, then marijuana ranks at the top. why in heaven's name make it

legal and make it more available and more accessible? >> gregg: here is the deal, it already is. i'll refer to the front page story today in the "new york times" that says, marijuana use in california these days appears for all practical purposes all but legal. i'm from california. i was just out there a couple of weeks ago. it's really legal already, isn't it? >> no, it's not legal already. if you look at where law enforcement resources are used when it comes to the large groves, and trafficking and the selling, those are important things. those are important issues. but those law enforcement resources, whether at the local level or whether at the federal level are most appropriate when used as a big target. >> gregg: quick question. recent field poll surveyed californian, 50% of them say it should be legalized. they're wrong and you're right? >> no, what we're saying is it's

not going to solve california's budget problems. it is not going to reduce violence in mexico. it is not going to solve criminal justice resource problems. >> gregg: i've got to go. thank you so much for being with us. >> thanks. >> julie: that's going to do it for us. i'll see you on the fox report, 7 p.m thank you for watching. >> gregg: bye-bye.