do we need tougher talk on terror from our commander in chief? we're going to report and you, ladies and gentlemen, are going to decide. >> president bush meeting his critics head on when it comes to controversial decisions he's made. >> my job is to protect america. and i did. >> instead of passing the blame, he's admitting mistakes were made during his administration. somewhat refreshing. "fox & friends" starts now. >> live from studio e in the heart of midtown manhattan. e as in earring with any luck, brian will spend the next three hours without knocking an earring off dana perino. >> for those who saw the show yesterday, i got a nice slap from brian. >> it wasn't a slap. it was a pat. >> it was so delicate, my earring fell off.

>> i don't know what blew off but it blew off the back. >> we have made a line here on the couch. >> and steve does not have to adhere to that line? >> like brothers and sisters in the back seat of the car in a long road trip. you cannot cross the line. >> we'll get an arm rest. >> are we there yet? >> dana is in for gretchen. we have a lot to talk about including the president sitting down for his first interview. he'll be sitting down with us soon. >> we'll be talk about that in a little bit. first, i'll give you the headlines. first it was yemen and the u.s. is banning cargo from somalia. homeland security secretary janet napolitano banning toner and ink cartridges weighing more than one pound from passenger flights. new rules are a direct response to the terror plot that could have taken down two cargo planes last month terrorists in yemen hid two powerful bombs inside printers and tried shipping tomorrow to chicago. a dream vacation turns into a nightmare when a carnival cruise ship catches fire. now the ship and the 4400 people on board are drifting 150 miles

off the coast of san diego. the crew of the ship that was headed to mexico battled a fire in the engine room for three hours. the fire is out. no one was hurt. but there's no power on the ship. that means no flushing the toilets, no hot food, no air conditioning or phone service. >> some vacation. >> tugboats are headed to scene to drag the splendor back to shore. everybody on board will get a full reimbursement. elizabeth returned to the witness stand today. the 23-year-old testifying against brian david mitchell. yesterday, she detailed the night she was kidnapped from her bedroom at knife point. she said i remember him saying i have a knife to your neck. don't make a sound. get out of bed and come with me or i'll kill you and your family. smart spared from looking at her accuser, he was forced to watch from a separate room. that's a positive thing to him. the head of president obama's panel investigating the gulf oil spill says he sees no evidence

that b.p. sacrificed safety at the deep water horizon to save money. they accuse them of deliberately cutting corners. in an interview just out, the former b.p. chief tony hayward says he's still angry about the criticism he got for going sailing at the head of the disaster. >> he's another one that should stop talking for a while. >> no kidding. >> let's talk about what's happening in the house. there's going to be a major switch of power and it might be the switch is going to be in place for a long time when you consider how significant this year is in 2010, they redraw a lot of those districts but let's talk about the republicans. it's amazing. for the longest time you thought if somebody has been there for a while, you're going to have positions of power. we're hearing more and more about freshmen getting significant positions. >> yeah. so what happened last night, john boehner who will probably be the speaker of the house, that's the way it's probably going to work out, at his

capitol hill office suite last night, they had the incoming freshmen. i think there are 22 in all. and they had a bunch of them there last night for a three hour -- let's figure out what we're going to do session. they're going to have a great big one today that kicks after at 8:00 eastern time. they'll try to figure out, ok, now that we got the ball, what are we gonna do? representative elect kinsinger had that to say last night. >> this is what i tell the folks back home, this isn't your typical fresh maen class. a whole lot of people coming in with a mandate we were brought to washington with and be able to affect some change. >> you know, adam kinzinger is a freshman who is considered one to watch. he's a young man who is extremely capable. accomplished a lot already in his young life and he actually -- he's echoing something that john boehner said, the

speaker-elect, as you said, is this is no ordinary freshmen class. they are extraordinary for a lot of reasons so i think it's very smart of them to include more of the freshmen into their ranks as they move forward and christie nome is the new member from south dakota. interesting in south dakota, you have to run a statewide race because there's only one representative for the entire state. >> one district. >> she knocked off stephanie sandlin who had been very, very popular in south dakota for many years, comes from a very popular, well known family. kristi noem actually raised the most money of any freshman coming in and she's likely to get a seat, an additional seat amongst the leadership which is new -- a new and significant change. >> they've had freshmen class presidents before. this is in addition. >> that's almost like a figurehead in some ways. she'll play a much more active role. two things important about it. she can help the communication going both ways.

representing the freshmen class to the leadership and the leadership back down so they can move as a more cohesive unit. in addition to that, i think what's so exciting about this new class is there's a lot of diversity, fresh eyes to look at problems that also people can communicate and kristi noem is a different face. can you find someby more opposite of nancy pelosi than kristi noem? right? she runs a ranch in south dakota. she's a small business owner. she's married to a very wealthy person and worked her way up and she'll be able to represent republicans in a very compelling way. >> quite a contrast. >> paul ryan on the budget committee and some other familiar faces. now, let's go to the senate now where we find out about incoming freshmen. they may get some plum assignments. for example, we have some. rand paul wants to make it clear he wants to be part of the budget committee. that makes a lot of sense. john boesmann, agriculture

committee, there are five openings at least because there's some seniority there. and jason chavitz is somebody people are looking at. he's coming up at quarter after this hour. next. >> meanwhile, fox news alert. president obama landing in indonesia where he's meeting with that country's president. that visit will likely be be cut short as a nearby volcano continues to spew ash and threaten. good afternoon, what day is it out there already? >> don't ask me, steve. i lost track of that sometime ago. several days ago on this trip. time differences of 10 1/2 hours and 12 hours, it's 10 1/2 is the real problem. people here are really excited about this trip. they had been but three postponements or cancellations allowed some of that excitement to dissipate a bit and as you mentioned, the president's aides

say the chance that shifting winds could blow the ash from the eruption into air force one's flight path between here and seoul, south korea may force the president to leave a few hours early. he and the first lady were only planning to spend about a day here anyway. the president spent four years here when he was growing up from 1967 to 1971, ages 6 to 10. the school he attended is still open. house he lived in is still there. there's no plans for him to actually visit them but people in jakarta can actually go on obama tours and see the places that were important to him. he was welcomed here with a red carpet ceremony meeting right now with the president. the two are scheduled to hold a news conference in about 45 minutes. the highlights of this trip, a visit to the country's largest mosque, this is the world's largest muslim nation and a speech at indonesia university. as i said, this is the largest muslim nation in the world but

its tolerance for other faiths, other religions, mr. obama believes, makes it a model for other nations to follow. indonesians really felt that president obama who they feel is one of their own would bring about change with -- between america's relationship with america's relationship for the muslim world. some say to be disappointed he's not made more progress for the middle east peace. steve, brian, dana, back to you. >> wendell goler where it is 6:00 in the evening. >> pouring rain. i'll point out the last time an american president went to indonesia there was a deluge and a huge rainstorm. >> coincidence. >> all right. bej wendell, thanks a lot. we appreciate it. we covered the entire speech yesterday. when the q&a came out, certain things stood out. >> when he was at st. xavier's which say 140-year-old jesuit place over there. he was asked to comment on jihad. well, he could have condemned it. but extraordinarily, he did not.

watch this. >> what is your opinion on jihads? >> the praise jihad has a lot of meanings within islam. and is subject to a lot of different interpretations. i think all of us recognize that this great religion in the hands of a few extremists has been distorted to justify violence towards innocent people that is never justified. >> well, he had a chance to condemn it. you know. why didn't he? >> technically he is right, though. >> jihad has many different meanings. it can talk about self-awareness and -- >> what people in america hear when he says that or refuses to answer it is a refusal to talk about the contrast and the war against innocent people not just in america but innocent people everywhere. including innocent muslims. i think that's probably what he was thinking, that he didn't want to get himself wrapped around the axel yet again but it

doesn't necessarily help or us fight a war on terror when he's not clear and precise. >> plus he's talking to an audience that had to experience the mumbai massacre. they watched those people gunned down by the same radical view of islam that we are trying to suppress. newt gingrich, brit hume weighed in on this yesterday. >> this administration is in such total denial about who's trying to kill us and what their motives are that it's dangerous to the country. >> this would apply to his predecessor as well. there's a sense that if you use the word "muslim" as -- in connection with the word problem, you appear to be condemning the faith itself and all who adhere to it. >> right, so any president when they're commenting they have multiple audiences and i think that as president bush did, president clinton before him and president obama, they're thinking of all those different audiences and then sometimes your message can get muddled. >> ultimately, he is the president of the united states.

e-mail us right now. what do you think? do you think he should have condemned -- he should have condemned jihad right there when he had the chance? friends at foxnews.com. we'll try to include some of your comments later on on the tuesday telecast. >> but first, the republicans demanded voters fire pelosi. what's with the new campaign to hire pelosi? next, we'll ask a member of the g.o.p.'s new transition team. >> store ransacked by a bold criminal but a brave employee fights back using the best weapon he could find. a gash onlying can. right back. [ female announcer ] with rheumatoid arthritis, there's the life you live...

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>> welcome back. 22 members of the republican transition team are already meeting and talking about ways to implement the republicans' pledge to america and they're turning to some of the newest members of congress for help.

>> congressman jason chevitz is part of this republican transition committee. thanks for joining us so early in the morning. >> thanks, fired up! ready to go! >> one of the things you said, congressman, is you didn't want to -- you think there needs to be some changes and you didn't want to do to the new minority the democrats what the democrats did to you as republicans in the minority. tell me a little bit about that and if you could give a specific example of what you would change. >> well, i'm a freshman here in the 111th congress and i was terribly frustrated it's in the normal practice of the house through hundreds of years when an appropriations bill comes to the floor of the house, even the minority can offer an amendment. that hasn't happened under nancy pelosi. it's one of the most tightest iron thumbs on the process that we've ever seen. i'm in the minority. but i should be able to offer an amendment on the floor of the house. that never happened. we're committed to make sure we don't do the same oppressive things to the democrats. >> when the democrats are in power, they can figure out the

rules as they wanted to have them going forward. so now, for the folks who are watching right now, your message to them about the incoming freshmen class will be? >> we came to change the way we do business in washington, d.c. the status quo is no longer acceptable. we want openness, transparency, little things like we have to be able to read the bill before we actually vote on it! you know? it's not like you say duh. >> that will take a lot of time out of your busy day. >> if it doesn't pass the oh, duh test we're going to re-evaluate it here. now we have numbers and people to make those votes happen. >> were you surprised that nancy pelosi said she wanted to run again and they would vote to keep it in power. >> we had -- what felt like me, a great christmas on tuesday and wednesday and then she decided to run again, i was stunned. i thought the message was pretty clear, you know, in the district that i represent in utah and from coast to coast, you heard people saying, hey, we need to fire nancy pelosi and thought we had accomplished that but hey,

the democrats can elect who they want to be their spokesperson and to lead the charge over there and it looks like they'll pick her again. >> well, but i know that there are a number of republicans who say, you know, we'd love to have her in power again. let's just take that bus that had said fire pelosi and change the f to an h and let's make it hire pelosi. >> they can do whatever they want. you know, if republicans just do what they say they're going to do, we're going to do a great job. we have a pledge to america. we're committed to that. and america is hurting, you know, we smile about some of these things but people back there at home are -- they're losing their jobs or uneasy about their mortgages and we as republicans got to be the adults in the room and actually take charge of that and make some good things happen for the economy. >> well, we know that you're meeting again today starting at 8:00. you're going to be the first one there. you can get the real good donuts. congratulations. >> got to get to the orange juice early. that's right. >> thank you, congressman. >> thank you.

>> all right. governor sarah palin ordering fed chairman ben bernanke to back off his latest big bailout. we asked stuart varney would he be wise to listen to her? >> here comes stuart. then the court put the brakes on oklahoma's plan to ban sharia law. why a judge says voters may have acted too soon. dry cleaning and had your shoes shined. well, i made you a reservation at the sushi plce around the corner. well, in that case, i better get bk to these invoices... whh i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business.

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>> welcome back. another mine accident in the country of chile in the same region where those 33 miners were rescued just last month. this time, two miners are dead following an explosion. meanwhile, dan maloy will be connecticut's new governor. tom foley has conceded the race. he was marred by ballot problems and only decided by 6,000 votes. all right.

>> federal reserve chairman ben bernanke plans to print $600 billion to buy government debt. he says it will kick start the economy. >> but the republicans like rand paul, sarah palin, want bernanke to cease and desist say the plan will kill the value of your income and savings. what does stuart varney say? the world is responding. democrats and republicans are fighting. what is ben bernanke doing? >> what you're looking is an unprecedented political attack on what the federal reserve is doing. numerous republicans are saying you're just printing money, you're firing up inflation. and this morning, we get news from inside the federal reserve itself saying maybe we want to back off just a little bit. >> i think how significant is it that you have people inside the fed actually pushing back against the chairman? that to me from my experience is very rare. >> the concern is inflation. and from inside the fed, criticism of what ben bernanke

is doing. from inside the fed. at the moment that he's doing it, yeah, that is unprecedented. everybody is worried about inflation. because already, you see the price of oil going up. gasoline is getting pretty close to $3 a gallon in many parts of the country. basic food prices are going up. that is inflation. and the fear is that you chuck out another $600 billion, it makes it even worse. >> when we get on china and others for fabricating and forcing their currency down, aren't we doing the same thing? >> yes, we're doing exactly the same thing. that's why the germans and the chinese are so opposed to what ben bernanke. the germans say america is clueless. they actually used that word which is very undiplomatic. you don't hear that very often. you're right, brian. we are doing what the chinese are doing to some degree. >> i don't understand where it came from. we understand tarp and understand the bailouts that happened in 2008/2009. where is this coming from?

>> everybody is trying to get their currency down. europeans are trying to get it down. americans are trying to get it down. the chinese are trying to get their currency down. everybody is manipulating down in a spiral. where does that end? high rates of inflation. which is made no better by printing $600 billion. >> but surely, ben bernanke had the best interest of the country in mind or not. i mean -- >> of course he does. i mean, that's what -- he thinks this is the right policy. i suspect that you've got an expansion in the economy anyway and that this will add unnecessarily to the amount of money that's being squashed around there. there's plenty of cash in the economy anyway. $1.8 trillion on the sidelines. you're adding $600 billion to that, do you need to do that? >> are you going to be talking about that on your show today? >> that and we have some extremely rare wines. >> isn't it a little early to drink wine? >> $20,000 a bottle. we don't drink it on the set. >> and you don't break it. 9:20 eastern time on the fox

business network, one of my favorite channels. >> really. > >> 25 minutes after the hour now as we move ahead and have to say good-bye to stuart, sadly. president bush meeting critics head on when it comes to the controversy decisions he's made. >> using those techniques saved lives. my job was to protect america and i did. >> and instead of passing the blame, he's admitting mistakes were made during his administration and one, senior republican is actually now moving on from bush, hinting at a compromise on the tax cuts. if an extension but for how long. what are people across the country saying in our radio rumble. >> plus, we got a bold criminal. he meets a resourceful clerk sending this suspect straight to the trash! look out for the pail and happy birthday to nick lechey. he turns 37 today. i'm done with airline credit cards

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racking morning for conan o'brien. >> why? >> his talk show debuted last night. last one, when he took over "the tonight show" didn't work out so well. >> i thought last night was pretty funny. >> it was a little past my bedtime. let's look at conan o'brien in action with a beard. >> thank you. welcome to my second annual first show. people ask me when i named the show conan, i did it so i'd be harder to replace. exciting night, though. i'm glad to be on cable. i have to tell you that right now. that's not a joke. truth is -- probably doesn't help i say that's not a joke after that. the truth is, ladies and gentlemen, i have dreamed of being a talk show host on basic cable ever since i was 46. going to be honest, though, not easy doing a late night show on a channel without a lot of money, the viewers have trouble finding. so that's why i left nbc. >> funny stuff. >> i love self-depricating

humor, the best. >> the ratings are now better than jay leno's. we know everything is changing. now letterman and leno last week were beaten in the demo by "the daily show" and colbert. you're looking at a massive switch followed by george lopez, that's a solid late night lineup. >> from george lopez to another george, and we're talking george w. bush. he's got a brand new book that officially is being released and you can buy it today at the store. it's currently number one on amazon.com, by a mile ahead of "confessions of a wimpy kid. ">> what went into matt lauer getting that first interview that he had last night? >> matt lauer sent a letter to president bush on the day after he left office so that would have been january 22, 2009, obviously the president hasn't spoken in two years. and president bush does not lack for any good options. there were multiple networks, multiple anchors. >> everybody wanted him. >> all wanting the interview and

at some point, you have to make a decision like what he talks about in his book, being decisive. he did "today" and oprah. a special interview with sean hannity at his ranch in texas, only interview at the ranch. >> last night on nbc, there was a one-hour special. matt lauer did his best as acting as a prosecutor trying to take a look at some of the things that happened during the bush administration and one thing he did fixate on for a while was waterboarding. here's matt lauer and w. >> waterboarding was illegal, in your opinion. >> a lawyer said it was illegal. the reason those technique saved lives, my job is to protect america and i did. >> very simple. to me, just as a viewer, he didn't come -- i read the book. you read the book. you read the book inside and out. >> she lived the book. >> you don't understand, it's --

he ask his lawyers and he goes and does it. he mentioned that when we went to golf, can't mention it until the book comes out. he's proud of it. at the end of the day, khali shaikh mohammed ended up on a chalk board outlining where the hierarchy of al-qaida lines up. if you watch him in court, the results save lives, stopped attacks and i'm amazed at the tone he took last night and others will. >> some people did take it that way for sure. another big topic during the bush administration was his decision to go to war in iraq and not finding wmd and he talks about that with sean hannity. >> you talk about wmd, when saddam didn't use wmd on the troopts, i was relieved and you talk about the absence of wmd stockpiles. frustrating for you? >> unbelievably frustrating.

of course it was frustrating. everybody thought he had wmd. every intelligence service, everybody in the administration. >> lot of democrats. >> lot of members of congress. >> really. >> you might remember and i think for the sake of history it's important to put in the book that prior to my arrival, congress had overwhelmingly passed a resolution for the removal of saddam hussein from power and was embraced by my predecessor. >> bill clinton. and he was going to be a menace to the area and reconstitute his own weapons of mass destruction. dolpher came to the same conclusion in the report. >> lots in this book. 14 decisions he talks about and next week, you'll get a chance to talk to him. that will air next week and "fox & friends" will be the exclusive interview with president bush next tuesday on the day of his groundbreaking for his institute and library at southern meth methodist university. >> going to be a great day. you'll be seeing a lot of george bush over the next week. >> the amazing thing is how many titanic decisions were made over those eight years.

when you think, ok, i got it all. you open up and realize other things will happen. >> those are all the conditions that he made those decisions. what he tried to do in this book is be conversational and not try to convince you that the decision was right as you wanted to disagree with them. if you decide to agree with him at the end of the chapter, great. but what he wants is for people to understand how he got to those decisions. >> right, so he presents both sides that he was presented with and how he made things -- how he decided -- >> lot of humor in the book, too. >> yeah. more of that as we move on through the show but at 24 minutes before the top of the hour, president obama said all u.s. troops in iraq will be home next year. that may no longer be the case. u.s. defense secretary robert gates says he'd be willing to defend that deadline if the iraqi government asked for it and if they decided on a government. it comes one day after a string of car bombings killed 33 people in iraq. the attacks are believed to be aimed at shiite pilgrims from iran. >> first arizona and now texas would be next to pass strict

immigration laws. state representative debbie riddle camped out for two days to be first in line to file several bills. they include legislation to ban sanctuary cities, audit the cost of illegal aliens, track undocumented students and require voter i.d. cards. >> immigration because the people of texas are no longer asking, they're demanding and we have got to make some significant steps regarding illegal immigration. >> by being first, her bills will get early consideration when the legislature opens its new session in january. >> meanwhile, on election day, 70% of voters in oklahoma decided to ban islamic law or sharia law from their courts. but a federal judge just put that new law on hold until a hearing later this month. sharia can dictate harsh punishments like stoning but a muslim rights activist filed a lawsuit. he claims that sharia law

violates his constitutional rights. >> a store owner in brooklyn, new york, fights off a robber with the only weapon that he had. a plastic trash can. take a look at the surveillance video. a thug with a knife charges into a tobacco shop. when he starts grabbing money out of the register, the owner starts hitting him with a trash can. >> oh, man! >> the thief eventually ran off with less than 20 bucks and is still on the loose. what a knucklehead. >> no kidding. brian? >> since republicans won the majority in the house, president obama may be hinting that he's open to compromise on extending the george bush tax cuts. >> we are going to have to have a negotiation and i am open to, you know, finding a way in which they can meet their principles and i can meet mine. but in order to do that, i think we do have to answer the question of how we pay for it. >> all right. well, one of those compromises may be from senator orrin hatch. maybe this is a good idea.

a reasonable path forward, he says, should be on the table. path forward is an extension of all the tax relief well past the next election. so at least two years. our radio rumble is here to tell us what they think about this compromise. we're joined from chicago, santita jackson, the daughter of 1988 presidential candidate jesse jackson. from los angeles, wayne allen root and from atlanta, martha zoeller. would the left be upset if the president went with orrin hatch's idea? >> well, you know, i think that senator orrin hatch is well meaning but i hope the midday show on the urban talk station here and i think that we are mystified, my audience is mystified by this conversation because only -- less than 2% of the tax returns that report small business income are reported by the top two tier incomes in this country. so 98% of small businesses are excluded from this conversation and given that only 1 in 50 americans make $250,000 a year,

98% of the american public is excluded from this conversation so i think that not just the left. i would think most of america would be mystified and a little puzz puzzled and upset by this conversation because it did not include them. >> wayne? >> most america wants to join that group. america is about fairness. america is about opportunity. and most of america doesn't want small business to be targeted and punished for being successful and that's how most of us feel. i'm in that group. i make between $250,000 and $500,000 a year. i create jobs by building businesses, by expanding businesses. and i feel like i'm being tarpthed and punished by obama and the democrats. i feel like there's an actual plan to put me out of business. and i think that i deserve to keep the money i make just like you do and the limo driver does and the taxi driver does and the make-up girl and the cameraman that are working today to put me on the air at 3:00 in the morning here in las vegas. >> this is about the lame duck session and this is about at least 40 democratic congressmen and women who said i am not

signing on extending this -- allowing the tax break for the 250 plus to evaporate. >> no, bottom line is if they had taken this vote before the election, it would have been a bipartisan vote to extend all the tax cuts. but speaker pelosi and leader reid did not want to do that. he knows what would have happened on november 2nd had they taken that vote. bottom line is bipartisan way forward is to extend all the tax cuts and, you know, the president says oh, how are we going to pay for it? we don't pay for tax cuts. they're already in the system. they're already reflected in the system. we need to extend them. >> right. i don't think he has a choice. political capital spent at this point. correct? >> yeah. he has to have it -- >> well, no, i think at the end of the day, we're going to have to have a compromise but we also need to come up with a fair and just tax system which is something that bill gates and warren buffet, something of which they have been arguing. something that's fair. 1% of america controls 24% of

the income and we are not including most americans in this conversation. when you have this conversation. >> i believe -- i believe in compromise. absolutely. but you cannot compromise your principles away and you got to include americans in this conversation. >> final thought, wayne? >> well, speaking of fairness, the top 1% pay 40% of the taxes. the top 2% pay 50%. the top 10% pay 70%. in the end, what matters, brian, is that you've got the michigan miracle. even in the worst economy in the united states, michigan is thriving in one area. where they offer tax cuts and that's the film business. business is up 900%. they've created 7,000 jobs with the michigan miracle by offering a giant tax cut to the most liberal people in america. hollywood movie producers. it works with every single group. cut the taxes. you'll see another explosion like the reagan revolution. >> and martha, really quick, as we look at this entire thing, we

know something's got to get done because if it doesn't, they all go up. >> that's right. i think they will vote to extend them all for some period of time and i'd like to see a debate on the fair tax. >> all right. that would be another debate. thanks so much. >> thank you. >> thank you. >> thank you, guys. steve? >> thank you, brian. we've got a fox news alert. president obama and indonesia's president are right this moment holding a press conference in jakarta. wendell goler is there monitoring the comments and we'll bring you details at the top of the hour. meanwhile, coming up, they're making every kid the popular kid. schools checking yearbooks page by page to make sure everybody has the same number of pictures. is that fair? >> and you don't want to subject yourself to airport body scanners? better be prepared for the new procedures some describe as more the rubdown. judge napolitano is here next.

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>> just in time for the holiday travel season, the tsa is installing more full body scanners at airports across the country. >> if you don't want to go through the full body scan, brace yourself for a full body patdown. critics say the new measures go way too far. supporters say safety is more important. joining us right now, someone important to us. fox news senior judicial analyst and host of "freedom watch" judge andrew napolitano. >> good morning, guys! >> judge, do you like the body scan or were you going to go for the very -- were you going to for the patdown? >> i'm going to go for the patdown. i wish i didn't have to make that choice and i wish the american public didn't have to make that choice. what business is it of the government to be able to see every nook and cranny in everyone's body. purpose of the safety device is

to scan for metal. not for body parts. and we know because u.s. marshalls have told us this that photographs of naked bodies have been kept, preserved, googled and oodled over. >> what do you say -- remember the underwear bomber from last year. >> petn, not metal. >> so that would be captured by a full body scanner, right? >> at some point people will say this is going too far. i don't want to do this. that the burden of exposing my private parts to the government, something that they say they need a search warrant for. what would happen, for example, if 5,000 people show up at newark airport and say i want the patdown. that would stop the airport from operating. it would take them so long to do it. >> is it the government's job to keep you safe on planes. if not, who's is it? >> i think it should be the airlines job. i've said it before and i'll say it again.

if the government keeps and let us bear arms, 9/11 would never have happened because somebody on those planes would have blown away the thugs that crash the planes. now the pilots are allowed to have guns and now the cockpit are like bank vaults. now the passengers are courageous. that will keep us safer than the pornography at the airport. >> how would you feel if you're a plane and petn blew up in someone's underwear and you died, everyone else or your relatives died. >> i died and in heaven and i'll pray for you. >> or your relatives died because they wouldn't go through a body scanner. >> obviously, i would be upset if there were deaths but the government should find a way either by letting the airlines do it or by respecting the constitution of keeping us safe without looking at our private parts or here's the bad part, touching our private parts. this patdown search is almost a sexual assault! that's how intimate it is. if you opt out of the body scanner. >> that's why we take the train. >> we take the train.

>> we're going to watch "freedom watch" when are we going to see it? >> you're going to see both senator-elect paul and congressman paul together for the first time in their first national interview saturday, 10:00 in the morning, 8:00 in the evening. >> that's going to be great. saturday and sunday all weekend long, judge mania. >> nicely put, kilmeade. >> you got it. straight ahead, schools checking yearbooks to make sure everyone has the same number of pictures so nobody feels left out. what does that teach the kids? two teachers defend their decision next.

>> all right. welcome back. a new jersey high school takes an all inclusive approach to their yearbook making sure that each student appears in at least two pictures. the goal is to reflect everything that makes the school

a positive place to be. some say that mandate might go a little too far. julie witty and amy rokowski are both teachers and they are yearbook advisors and join us live. good morning to you. >> good morning. >> so the idea is you wanted everybody to be pictured in the yearbook as much as possible, right? >> yes. everybody who wants to be in the yearbook and everybody who is involved in the school. it is a reflection of their year. and we tell their story. >> ok. so if somebody is on the swim team, the national honor society, deco, all that stuff, they're going to be represented in those club pictures. >> yes. >> what happens with -- we were talking during the break. i remember kids when i was growing up never really came into the school. they sat out in the car and smoked something so they would not be reflected in many pictures. >> right. and we understand that. we simply want to offer the opportunity to acknowledge as many students as we can. whether they're active in just the classroom or through a multitude of different

activities. >> so what do you do for the kid who just isn't there much? >> well, there's nothing that we can do. i mean, there are students also who don't want to be in the book. we've had students who say i don't want to be interviewed and we certainly respect that. >> uh-huh. >> this is just an opportunity to put those students -- maybe a little quiet, and maybe a little shy, and may have come knocking at our door and said we want to be in the book. we seek out those students and try to offer them an opportunity to be in the book. >> for people -- critics who say look, this is kind of like the mentality of tee ball where everybody gets a trophy at the end. they don't put it in the time but they're still in the yearbook a bunch of times. >> right. you know, it's important that we acknowledge this is a philosophy we have. we feel that the story is really the story of the entire school and that everyone really deserves to be remembered whether they were the most active or they just had a small group of friends. >> is this the first year you've done it like this? >> we've been doing something with inclusion since we've been

advisors. we kind of improve on it every year. we add and learn what we did the last year. >> the problem is historically and i remember this from my high school days back in the 1920's is that friends of the yearbook staff wind up being pictured a lot because they just take a lot of pictures of their friends. >> right. and so the purpose here is to kind of move past that. we did see the book as a journalistic idea and the way to promote the idea of the entire school is include students outside the group of friends that are just in the yearbook. >> let's get this straight. if you're in a bunch of classes or rather, clubs and sports and stuff like that, you'll be in all those pictures. >> absolutely. >> so -- but at the same time, if you're not so much, you're going to do your best to try to represent them. >> yes. absolutely. >> very good. all right. amy and julie, interesting conversation. interesting program. >> thank you. >> thank you. >> hope it works out. what do you think? do you think this is a great idea toward inclusion or just a little too much? e-mail us right now at friends at foxnews.com. straight ahead, president obama is speaking at a press

conference in jakarta right now. we'll bring you his comments at the top of the hour in a couple of minutes and if the election was a referendum on the democrats in power, why would they pick nancy pelosi to lead the party again? former speaker of the house newt gingrich is going to join us live in the next hour of "fox & friends." hi. well, this is where it all starts at regions.

where we build each of our customers a better banking experience. hey, let's talk small business. there is some very sophisticated stuff in here. we have everything from business checking, to loans for expansion. there's even a regions cashcor analysis.

but one of the best things is the personalized advice you'll get from a regions business expert. hey, mary. hi, mike. thanks. she really understands business. is your small business ready for something better? switch to regions. >> good morning, i'm dana perino in for gretchen carlson. we start with a fox news alert. president obama returns to indonesia where he spent four years of his childhood. part of his continued outreach to the muslim world. we have a live report on the ground with the president. >> all right. with the election behind them, republicans are getting to work. but as the g.o.p. builds its transition team, the democrats are calling on grief counselors. that's hard to imagine. we'll tell you about that plus president obama refused to condemn the global jihad while speaking in the same city that terrorists massacred only two

years ago. why? we're going to report, you're gonna decide. "fox & friends" hour two for tuesday starting right now. >> ♪ my baby back home arm and arm over ♪ >> that's natalie cole. >> you look like you're ready to swing, cab calloway. she's going to be live on the couch talking about her brand new book. >> i knew she was going to be here. i didn't know she had a new book. she's had a remarkable situation but we'll tell you all about it. >> indeed. she'll talk about the procedure that saved her life and what a life story she has had. >> such a gorgeous voice. >> by the way, i was about to hit you in the arm and i pulled myself back. >> restraint. exactly right. >> it's the italian in me. >> remember, one hour ago, she

said you don't cross that crease, you're in trouble. >> you're right. she'll press charges. she knows napolitano. one minute after the top of the hour. >> i'll give you some headlines much first it was yemen and now the u.s. is banning cargo from somalia. homeland security secretary janet napolitano banning toner and ink cartridges weighing noemore than one pound. last month, terrorists in yemen hit two powerful bombs inside printers and tried shipping them to chicago. elizabeth smart returns to the witness stand today. the 23-year-old testifying against her accused kidnapper brian david mitchell. yesterday, she detailed the night she was kidnapped at knifepoint from her own bedroom. she said "i remember him saying i have a knife to your neck, don't make a sound. get out of bed and come with me or i will kill you and your family." smart was spared from looking at her accuser. she was forced to watch from a separate room. so a dream vacation turned into a nightmare when a carnival

cruise ship caught fire. now the ship and the 4400 people on board are drifting 150 miles off the coast of san diego. wouldn't sound so bad but you'll hear in a minute why. the crew of the ship that was headed to mexico battled the fire in the engine room for three hours. the fire is out and no one was hurt. here's why it's so bad. there's no power on the ship. that means no flushing the toilets. no hot food. no air conditioning or even phone service. tugboats are headed to the scene to drag the splendor, as it's called, back to shore. everyone on board will get a full reimbursement. at the least. a rare sight in the waters of lake michigan. a world war ii fighter plane is lifted from the bottom of the lake. navy crews raised the fighter plane after nearly 70 years below the surface. they think it crashed during a training exercise in the 1940's. it will be displayed at a museum in florida. why doesn't michigan get to keep it? >> good question. >> maybe they didn't want it.

>> steve, your response to answer all the news questions that dana has so go find it out. >> i'm very inquisitive. >> you are indeed. >> you're in the right business. >> all right. >> now we have a fox news alert. new video into the newsroom from jakarta. >> actually, it's live. he's meeting with -- >> come to a place like indonesia, largest -- >> look at a joint press conference. indonesia's president, i didn't want to be rude and speak over the president. i'll tell you, the visit will likely be cut short because there's a nearby volcano threatening to cancel flights. tell us what's going on, wendell goler? >> dana, president obama and the other president started their news conference almost 30 minutes ago but they're getting to questions because both of their opening statements were considerably longer certainly than reporters had expected. i can tell you president obama announced that he will return to

jakarta next year to attend the summit of the association of southeast asian nations. it actually took him four tries to make it here on this trip. the trip first delayed and then bumped from his schedule by the debate over health care reform, rescheduled and bumped again by the b.p. oil spill in the gulf of mention mechanxico. as point out, this is likely to be cut short because shifting winds are pushing volcanic ash in the path of air force one traveling between here and seoul, south korea where the president is headed for his next stop. a short while ago, we got a bulletin about an earthquake here in indonesia. a 5.1 magnitude earthquake 600 miles from here but i can pretty much assure you, we did not feel it here in jakarta much the president signed a national guest book when he arrived here. he wrote i'm so happy to return to indonesia and hope the bond

between our two countries continue to grow stronger. the president, of course, spent part of his boyhood here from 1967 to 1971, ages 6 to 10. aides say the president wants to give indonesia a larger role with the u.s. relationship with southeast asia. that's keeping with the rebalancing theme in this trip. we won't see the billions in new trade deals we saw the president announce in india. officials do want a stronger, strategic relationship with indonesia. and need this country's help in isolating extremist muslim groups and muslim nations like iran, indonesia, of course, the largest muslim nation in the world. dana, back to you. >> thanks very much, wendell. >> they're 12 hours ahead of us. 7:06 their time there. let's talk a little bit about something the president during one of his q&a's with students at xavier's, a jesuit school in india. one of the kids wanted to know his opinion on jihad and, of

course, jihads has many different meanings. it can mean holy war or personal quest for self-improvement. they wanted to know what the president, what he feels about jihad. he didn't condemn it. listen to this. >> what is your take or opinion on jihad? >> the phrase jihad has a lot of meanings within islam. and is subject to a lot of different interpretations. i think all of us recognize that this great religion in the hands of a few extremists has been distorted to justify violence towards innocent people that is never justified. >> what about his read on that question? >> i think what he was doing is thinking of all the different multiple audiences that any president always has, you know, you're speaking to your people back home in america. you're speaking to different nations and, of course, you have this young student who asked him a question there and as you pointed out, steve, there are different definitions of jihad

and, you know, he didn't ask specifically are you talking about your own personal journey or what it might be? i think what the concern from over here in america would be that they were probably looking for a little sharper definition about jihad and the war on terror. >> meanwhile, brit hume and bill o'reilly, his answer to that question about jihad didn't pass them by. they weighed in. >> diplomatically my sense is he's trying to form as large a coalition of cooperating countries as he can find and that in so doing, he needs to get muslim countries with -- with governments that are steeply -- deeply connected to the faith involved and he's afraid to condemn the faith for that reason. >> i don't think you have to condemn the faith. i don't think you do either but i'm -- that's what he's sounding like he is. >> make it quite clear that peace loving muslims are on our side but the jihadists have to be dealt with. he won't even say the word jihad. he did. there's a whole bunch of meanings. my head blows off. >> they were going to a commercial. i heard that.

>> you are so good at tv. >> i know. >> the other thing is if he just said if you're talking about radical jihadists that killed over 3,000 people on 9/11, and wiped out all those innocent people in the mumbai massacre last year, well, that's my view, terms of others he could have easily categorized and let people understand how he views the threat because clearly those kids in the audience view it as a major threat on sunday. >> we asked you what you thought about it and ron from kentucky e-mailed us. of course, president obama should have quickly and unequivocably denounced the jihad and muslim extremists just as i would expect him to denounce christian terrorists like timothy mcveigh. >> another one, kenneth from new jersey said the president played it smart by his response to the question regarding jihad. jihad in that part of the world has many meanings. condemning the word outright leads to extremists>> when you have a worldwide microphone, you have to hold a mirror up to the faces of our enemies.

calling them out exposes them. muslims have to recognize the problems within islam and be willing to stand up to those who would pervert his religion. that wasn't an excerpt much that was the whole thing. >> apparently, one more, steve from florida says jihad is nothing more than a mission statement as we know it in the west. it can be a mission for good or evil to condemn the word jihad in general is meaningless. keep them coming, friends at foxnews.com. >> let's talk about what the g.o.p. is going for, a massive transition and it looks like for those who are concerned that the tea party would be sidelined when it comes to the house, need not worry. >> no. i mean, obviously the establishment leadership represented by people, republicans or incumbents recognize this is no ordinary class. that's what speaker elect john boehner said, this is no ordinary freshman class and it's an extraordinary election so we're going to open up for the first time ever quite significant to have more voices

from the freshmen team on -- at the leadership table. that's different than usually you have a freshmen class president that doesn't really do much. >> sure. >> kind of a figurehead. >> yeah, a little bit a figurehead. this will be significant. one of the people they're talking about having filled that role is congresswoman-elect kristi noem of south dakota. she won and she has to run statewide. she's a small business owner, a rancher. she beat another woman who was stephanie sandlin. i minxed the surnames up last time. she raised the most money of any other freshmen coming into congress. >> the transition team last night for the first time on the john boehner's office on capitol hill. and they start again at 8:00 eastern time. it will be a marathon day to figure out ok, now that we've got the power and the speaker, what are we going to do?

>> what do we do with it? >> all right. 11 minutes after the hour. election was a referendum on the democrats in power. why would they pick nancy pelosi to lead the party again? after the break, we ask former speaker of the house newt gingrich and -- >> he'd know. >> she's been singing beautiful music since she turned 5 years old. nine time grammy award winning artist natalie cole will join us live. ♪

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>> nancy pelosi shows no sign of giving up her plans to seek the house minority post but if the midterm elections were a referendum on failed liberal policies, how can she expect to be an effective leader? >> joining us is newt gingrich and the co-author of a brand new book, it's a novel "valley forge". if you know newt's novels you know they're based on the facts that happened on the ground.

congratulations on. >> great way to learn about history. >> i was surprised personally that you'd want to be in the minority role and have the votes to stay in the minority role. i'm talking about soon-to-be former speaker pelosi, are you? >> no, i think she has the votes in part because the people who got defeated were the moderates. democratic party in the house is more liberal today than it was before the election by a big number. if she wants to stay, she probably has a pretty good vote count. i was surprised she wanted to stay from a strategic reason. having a san francisco liberal as your leader after this election strikes me as a very hard way to go out and recruit candidates. >> impossible, dare you say? >> no, not impossible. hard. much harder. >> that doesn't -- does that make you think they didn't really actually understand at least from republicans' perspective what the election was all about. >> i think it means that she believes that with obama at the head of the ticket, they will win in 2012 and they'll regain the house. twice became minority leader in

1946 and 1952 and both teams it lasted two years and got back in power the following election. so she may think, you know, i think on the left, they really have enormous belief in president obama's oratory and they believe the economy will get better. he'll come roaring back. they'll pick up enough seats. and so she'll be in the tradition. i think that's unlikely. she's more likely to be the begin of a long permanent minority status. >> we'll read you an excerpt from a letter that was written to madam speaker currently from some democrats. it is possible not to judge the results of november 2nd as anything but a profound loss. we want to recover. recovery of our majority in the house necessitates new leadership at the top of our party. that's the litetter before some democrats. if you're a republican and you are, wouldn't you like to keep her around? >> i first said when i heard she was going to run, that's terrific news for us. that letter is essentially right. forget the house losses which were the biggest since 1932,

they lost 682 state legislative races which is the largest number in moderate history. that's a repudiation of the democratic party on scale, they're weaker after reon portion atment than they are right now. to think you can being the same person that was repudiated and come out of the same liberal background and go around the country and create a new majority strikes me as very unplausible. >> we know about 60 who lost their jobs saying we want it back. we don't have any shot if you're the head. this clearly from the outside perspective seems to be about her, not about her party. >> well, no, i think it's a question about whether or not you think having a liberal because frankly if she was replaced by somebody else who was equally left wing, i don't think there would be any great advantage. and the question is do the democrats believe they're representing a big tax increase,

big spending, big deficit, washington-based model is the future for their party, what she's saying is yes, and we don't know yet what president obama will say when he gets back home. >> before you go, you have to tell us about "valley forge." >> we wrote "valley forge" to tell the story of the making of the modern america. that george washington has had a long period there. he's a terrible winner at valley forge. the american army can't stand up to the british and he recruits people to teach the american army how to fight and by the next spring, the american army in a standup battle defeats the british army and one of the really decisive battles. we wrote it in part to say to people it's not enough to reject liberalism, for example, you have to figure out the replacement. we had rejected the british with the declaration of independence. that wasn't enough to win. we now had to replace their military capacity with our own military capacity and washington personally comes across as he did in real life as this extraordinary figure on whom we created a modern america.

we really are on his shoulders. >> well, so many people don't know much about american history and that is a great story. >> thank you very much. >> check it out. "valley forge." >> when he had two weeks left, he wrote another novel. it's incredible. >> remember and don't touch it. >> you're right. i understand. >> i got to tell you what's coming up next, though, that is my job. coming up, no more happy meal toys for kids. the big decision just hours away and it seems like some lawmakers are perilous to stop the controversial change. >> oh, man! >> plus, natalie cole, the nine time grammy award winning singer on her way in now. [ k. tyrone ] i'm an engineer. my kids say i speak a different language. but i love math and math and science develop new ideas. we've used hydrogen in our plants for decades.

the old hydrogen units were veryarge. recently, we've been able to reduce that. then our scientists said "what if we could make it small enough to produce and use hydrogen right on board a car, as part of a hydrogen system." this could significantly reduce emissions and increase fuel economy by as much as 80%.

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>> welcome back. it was a heart wrenching decision for a grammy winning singer natalie cole. either leave to get a kidney transplant immediately and save her own life or stay with her dying sister. >> unbelievably emotional story which ultimately led to a special bond with her donor family as revealed in "love brought me back, a journey of loss and gain." there's the book and here's natalie cole. you join us this morning. >> good morning. >> describe that -- how did it come down to this one day? your sister was ill and yet, you were ill. >> well, you know, it is a very strange incident, strange phenomenon that three women were involved in this whole scenario, jessica, myself and my sister. my sister is kind of like the pivotal point of which it

happened. i was sitting with her when she was in a coma when i got the phone call from cedars sinai in los angeles that there was a kidney match for me. not realizing that the kidney was from a young woman who was the niece of a nurse who had taken care of me several weeks before. >> so now that's an extraordinary thing where, you know, it's not like a nurse who had been with you for months and months or years. this is somebody who entered your life for one day. do you think the man upstairs had something to do with it? >> i know he did. it was divine intervention. things like this don't happen. we couldn't have written it any better. it's one of those grieving moments and yet, there's a grateful moment and yet there's a -- it's a bittersweet moment and yet, it's like so many emotions all drawn up in one.

>> and you needed a kidney because you had hepatitis. >> yeah. well, the hepatitis actually compromised my kidneys because i already had hypertension. i have high blood pressure. so the chemo i went on when i was diagnosed with hep c several months before that compromised my condition. >> so you were on dialysis a lot. >> i was on dialysis three times a week, 3 1/2 hours a day for about six, seven months. i was working. i was traveling. i've had dialysis in places like istanbul and milan. >> and just the fact that then you had to -- you had to make a choice. ok, a kidney is available. i got to go. and i know -- >> i had to call my business manager. i was so torn with how was i going to do this? everybody was in the room was so emotional, nobody could really think with my sister and so i called my business manager at 4:00 in the morning and i said what should i do? >> i'm sure your sister would

have wanted it that way. here we are, this is almost like a second chapter, another chapter to your career. how's the voice? how do you approach performing these days? you said to us before that you think your royce is stronger after all this. >> i think it really is. i'm just -- i'm really surprised at just so many things that have happened since then, you know, my voice is stronger. i feel better, i actually look great. i mean, i just -- seriously, i mean, i came out of surgery with, you know, my skin was glowing. i look i had just a new lease on life. it's a very interesting physical change that happens when you get a new kidney. >> we saw you in concert last year and you were fantastic. the title of the book is "love brought me back." the love of -- >> gosh, the love of god. his love for me. my family's love for me. my sister's love for me. the people surrounding me that just kept, you know, encouraging

me. >> that's great. >> see pictures of you as a child with your famous dad. >> yeah. >> fat, chubby thing. >> well, natalie, congratulations on the new book. >> thanks so much. thanks for having me. >> check it out. "love brought me back." >> great to have you. >> thank. as we move ahead, texas getting ready to take over where arizona left off and fight the feds on illegal immigration, the controversial plan to enforce our largest border with mexico. >> and then oklahoma voted to ban sha hria law but a judge sa not so fast. is he being an activist from the bench? is she being an activist from the bench? we'll report, you'll decide straight ahead. ah, this is just what the eight layers needed.

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>> if i was traveling across country, i expect that to be the music on. right? don't you think that our country needs -- >> you may not know this but that's brian and i humming. >> right. >> we did the humming for that. >> you have great harmony. great harmony. >> fantastic. >> she believed me! >> talking about harmony, that's what it's like listening to you do the headlines. >> we'll sit back.

>> you're making me blush. all right. another mine accident in chile. officials say two workers were killed after an explosion in the same region where those 33 miners were dramatically rescued last month. it was the victim's first day on the job. chile's national mining service says the mine was illegal and should not have been open for business. >> meanwhile, the head of president obama's panel investigating the gulf oil spill says he sees no evidence b.p. sacrificed safety at the deepwater horizon to save money. democratic lawmakers accused the company and its partners of deliberately cutting corners much the testimony on the same day is the former c.e.o. of b.p. tony hayward's first interview since the resignation he gave. the former b.p. chief telling them he's still angry the people who criticized him for going sailing at the height of his disaster when he wanted his life back. >> apparently, the man who boarded a flight from hong kong to canada disguised as an elderly man didn't fool

everybody. a passenger said she tried to warn the crew but was ignored. that passenger said he noticed the masked man's hands looked younger than his face. the flight crew refused to take a second look. he wasn't arrested until he came out of the bathroom without the mask. yesterday, he has no eyes. >> that's true. no eyes. >> people in san francisco better get their happy meals while they can. in just a few hours, they'll officially be illegal in that city. >> have to get them on the black marnth? >> it's so ridiculous. the board of supervisors is set to officially approve meals that come on toys. brian will probably starve. meals with fruits and vegetables will still be allowed. the mayor wants to shoot down the ban but they have enough votes to overturn his veto. >> powerful storm packing rain, snow, sleet and heavy winds slammed the northeast with maine taking the brunt of it. power lost in maine. thousands of homes without power

throughout the state. some schools also forced to cancel classes due to the loss of power. i was out raking the leaves yesterday in new jersey. it was snowing. it was weird. meanwhile, you can see some lingering shower activity in portions of maine, also the northern plains down through northeastern portions of wyoming. balance of the country is nice and dry. take a look at the current readings. it's freezing in cleveland and much of the ohio valley stuck in the 30's right now and that chilly weather runs right down to the lower mississippi valley. then along the gulf coast, we have temperatures currently in the 50's. i think that just said 39d in raleigh. eventually 30 degrees warmer than that. 4:00 this afternoon out in raleigh. 74 in atlanta. 70's across the central plains down through portions of texas and florida. 55 is the double nickel here in new york city. meanwhile, pittsburgh probably a high close to 60's. >> mr. kilmeade?

>> we need a weather watcher in raleigh. go e-mail out to the people, ok? >> go to the people and i find a weather watcher. >> in raleigh. steve was not sure of the temperature. >> anything for you. >> if he has to rake the leaves, the least we can do is watch the weather for him. monday night football. it was all pittsburgh for a while. a trick play, he was a quarterback in college. he would throw this spiral 39 yards to mike wallace. no relation to chris wallace. but chris could have gone pro but we recruited him here at to being. bengals came roaring back because they're tigers. they cut it to six with time winding down. don't tell me terrell owens can't do it anymore. this was a drop. steelers recover and they survive. 27-21. the nfl has fined packers safety nick collins $50,000. we warned you about this. first helmet to helmet hit on the cowboys wide receiver roy

williams. collins "violently, unnecessarily struck a defenseless receiver" during the packers win on sunday night. williams is doing ok and called on the commissioner not to fine collins. the nfl just began a crackdown on choshots to the head a few ws ago. they were supposed to be the first team to play in their home field. jerry jones has fired wade phillips. yes, he's out. offensive coordinator jason garrett who has never been a head coach before will take over for last half of the season. didn't he go to princeton? dallas takes on the giants in new jersey on sunday. they can't win rock. that's a quick look at the world of sports. let's go down to the couch and talk about something else that matters a lot to the people of texas. >> indeed. brian, yesterday, first day of the legislature and a woman by the name -- representative by the name of debbie riddle.

she's a republican. >> this is not a joke. >> it's not a joke. and it is not a riddle either. it's a fact. she stood outside, apparently, the clerk's office for two days because she wanted a low number because she essentially was proposing a new law in texas that would mirror in many ways what's going on in arizona regarding immigration. now, because texas republicans have got a super majority in both the chambers, this actually has a pretty good possibility of becoming law down there. >> not only but we'll talk to j.d. hayworth later. we have a serious problem on the border that the rest of the country can be -- is kind of concerned about but don't have to live with it every day and the violence last weekend on the border in juarez was atrocious. >> weren't seven people murdered? >> and a couple of beheadings. this is growing. what he will point out is it's moving into the state and i think texas faces the same serious problem. >> so if they go ahead and pass this, is the -- this administration going to sue another state and call this illegal?

i mean, oklahoma wants to do the same thing. you have arizona doing this. this is going to be -- this is -- this is going to be a showdown with the administration. >> well, it will be interesting because now you have a new congress. you have a lot of new members who are going to be hungry to do something. you have administration that might be recalcitrant of doing what they want to do. people want to address the immigration issue but in very different ways but the issue of border security is going to have to be dealt with first and depending on how the texans write their law, the federal government might not have a problem with the way they write it. maybe they could find a sweet spot to get to done. >> who is against border security in this country? i don't know who it is. there's a way to do it. even the president in his book said i wish he did immigration before social security because he felt the sentiment was there but at 21 minutes before the top of the hour, sharia law was on the ballot in oklahoma. >> it was indeed. if you're unfamiliar with what sharia law is, in some countries like somalia and iran, they use sharia law to justify stoning.

and amputation and husbands beating up their wives and stuff like that. well, a week ago today, the state of oklahoma passed a law where they would not consider sharia law in doling out verdicts. >> 70% of the people said no. forget it. >> it was a landslide. and so, you know, it was prepared to take effect and then some organization, notable muslim organization apparently sought an injunction and got one from the federal judge by the name of vickie miles legrange, you said you're right. too many questions here and suspended it. >> the point is it violated his constitutional rights. we have sound on. we can listen to both sides. >> 70% of oklahomans want to save their course and have courts follow and interpret the law that's before them and not to legislate from the bench. >> say you know what? we'll take the rabbi testimony and we'll take the preacher testimony but the testimony is null and void because you're

muslim. >> not having the privilege of going to law school, i wouldn't think that with the type of law would ever be on anybody's ballot. aren't the laws set? i mean, since when can you subscribe to another set of laws because of religious beliefs, it should be about the law of the land. >> that's the law of our country and then, i think people will say if you want to come to america, then you have to be, you know, assimilate into our culture of laws and that includes language for -- >> and apparently, the people in oklahoma who brought this law up for a vote and where it passed said does that guy even have standing here? we understand that he may have flown to oklahoma from georgia and then filed this and then -- >> i'm shocked it was only 70%. >> yeah, i was -- they use the term influential. so they got some money. all right. not that that should matter. president obama can relate to president clinton and the g.o.p. takeover in 1994, but our next guest says obama may not be able to move on as easily.

former senator john breaux, a democrat joins us to explain that. >> you've heard about the wars in afghanistan and iraq, have you heard about the third war we're fighting much closer to home? former congressman j.d. hayworth says if we don't start paying attention, our country will be actual you will be invaded by drug cartels oochl he's coming up shortly. first, the chevron trivia question of the day. >> nancy pelosi said she'll seek to become the house minority leader and who better qualified to be house minority leader than the person who led their party to become the minority in the first place. hi.

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>> speaking with an upset president clinton in 1994 after republicans took over congress and now he has some advice for president obama. learn from the past and move to the middle. he spent 33 years on the hill as a congressman and senator, joining us from washington, john breaux. thanks so much for being with us today. >> good morning, dana. >> take me back to 1994, what was it like in those days right after the republicans had their wave election of that year? >> well, president clinton woke up and found out that he had a new deck of cards that he had to deal with and he did. i mean, i think he was saddened for about the first 24 hours but then he said look, i got to change. we got to work with the people that are going to be in charge. he did that. he brought them into the white house. i see that president obama is doing the same thing. and i think that's very encouraging, recognizing that he has to work with the cards that he has been dealt with and if he does that, i think he'll be fine. >> a lot of people have wondered whether president obama actually

is too ideologically left to actually move to the center. if he is -- if he does do that, will he be able to too it convincingly or might he just decide to take a different tactic and not be compared to clinton? >> well, there's a question of what can you do to get the country moving forward with the congress that he's been dealt with. if he comes out, for instance, and says we're going to work on jobs. we're going to pass a highway bill. let's rebuild the nation's roads and infrastructure, let's do high speed rail. let's do an faa authorization bill and start rebuilding our airports around the country, there's a lot of things that he can focus on that i think the american people were saying they should have been doing, that is job creation. if he does that, works with the republicans, i think that everybody can come out looking pretty darn good. >> looking at your point of view last night, i was thinking about the differences between the two and the fact that president clinton had been a governor and also had that experience of working across all sorts of different party lines. do you think that that experience helped him make that

pivot? >> well, absolutely. he came from arkansas, they had a lot of conservatives that he had to work with. he did. and i think he brought that understanding when he came to the white house. i think now certainly president obama recognizes that it's a different -- a different day in washington, that he has a republican majority in the house. he's going to have to work with and this man is very, very intelligent and smart and i think if he can bring in some new people into the white house to help him in large advice that he's getting, i think that would be very helpful and hopefully they're considering that. >> one of the things that i'd love to get your opinion on is something that won't change in the house. it seems that nancy pelosi will continue to be the leader for the democrats. do you think that helps or hurts president obama? >> well, the last thing an outsider has to do is get involved in a congressional election inside. you know that very well. they don't want outsiders tell them who should be their leader but i think it's not so much the individual as it is to policies. if the speaker comes out and

talks about jobs or talks about focusing the party on, like i said, the highway bill, the faa authorization bill. high speed rail, things that create jobs in this country, they'll do just fine. it's not so much the individual as it is the policies that the individuals advocate and i think a shift and a focus on job creation would be very helpful to whoever is the minority leader. and if it's nancy, i think she can do that quite capably. >> senator breaux, it was a pleasure for me to be able to talk to you this morning. everybody benefits from your viewpoint. thanks very much. >> thanks, dana. >> all right. america facing a third war and losing it according to some. we're talking about the violence on the border that claimed 20 lives just this weekend. former congressman j.d. hayworth is live and will join us next. but first, on this date in 2009, the number one song "fireflies" by owl city.

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>> your answer to the chevron question of the day, lou ferrigno. oh, yeah. we're going to send you something real nice. i think he uses free weights. one person's head found in a gift wrapped box. seven gunned down at a birthday party and dozens more are killed in gang fueled shootouts in the city of juarez. that's just this weekend. this is america's third war and we're losing. >> former u.s. congressman and former candidate to the u.s. senate, j.d. hayworth joins us live from phoenix. good morning to you. >> good morning to you, steve and good morning, brian. it's not so much that we're losing a war. we're failing to fight it. now, we're making some progress in some areas, for example, our intelligence working with the mexican marines as they took out

tony the storm, one of the drug kingpins on friday night. as you mentioned over the weekend, over 20 people killed in juarez, a beheading in a box, police discover it in the southern part of mexico, a note there saying the zetas responsible. understand four years ago, i wrote about the zetas. imagine special forces leaving government service and going to work for the drug kingpins and so now you have a situation with the gulf cartel, the emergence of the zetas who some observers believe will say, you know, we've been providing security but why don't we just move in now and take over? and the sad fact is four years ago in a book i wrote that the zetas had elements in the united states and those elements not only the zetas but other drug cartels have come across our borders with impugnity, we are failing again to defend this country in the post-9/11 age.

>> how can the former governor of arizona now homeland security secretary not realize that? where is politics playing a role? >> the bottom line is this, it hasn't changed. for the ruling elites in the republican party and the democrat party. let's take the democrats first. miss napolitano and president obama view illegals as cheap votes in they're granted amnesty. some of my fellow republicans view illegals as cheap labor. and now for the better part of the decade, when it has been made abundantly clear to us that border security is national security, the ruling elites fail to deal with it. here's the irony. earlier in this broadcast, you talked about the invasive searches of american citizens at airports. we do nothing like that on our national border with mexico, do we? and yet, there is a war at our doorstep, over 30,000 people killed. you mentioned juarez, over 6500 people killed there in the last

two years and yet, the mexican president had the impugnity to lecture a joint session of congress, my advice to the president of mexico is get your own house in order. and my advice to the american president and the new congress is this -- get serious at long last. >> real quick, j.d., texas is right on your heels. they're seeing the problem, too. so states got to take control. >> well, states can but there's an excellent chance for the u.s. senate to stand up and lay down a marker. remember, harry reid says he's going to re-introduce the start bill during the lame duck session. that's amnesty through the schoolhouse door. all the incoming senators and quite frankly our senior senator, john mccain should announce he will filibuster any action to bring forth that bill. >> thank you very much for getting up early in phoenix today. thank you, j.d. >> steve, thank you. >> always great to see you. meanwhile, straight ahead, nancy pelosi vowing to remain a leader in the house of representatives but now, even fellow dems are

turning their backs. laura ingraham here at the top of the hour. that's a picture of her. >> yes, it is. and singer bret michael is joining us here live to talk about his new love for family and another scary surgery. [ male announcer ] you can dream of protecting networks from virtuall any security threat. or, like fortinet, you can dream it and do it.

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or call 1-877-287-9140. >> dana: good morning, today a tuesday, november 10, 2010. i'm dana perino in for gretchen carlson. the gop meeting and planning their takeover and turning to some unusual fresh faces to help. >> this is not your typical freshman class. >> dana: details on the party's plans. >> steve: meanwhile, republican senator onhatch saying both parties need to reach an agreement on the tax cut and he has an idea. so is this the compromise that president obama was looking for? we'll talk about that. >> brian: president george w. bush telling his critics who is boss. >> these were techniques to save lives. my job was to protect america

and i did. >> brian: that's one of the things he's most proud of. more from the president, including tough questions about those weapons of mass destruction. "fox & friends" starts right now. >> steve: live from new york city, we have got a busy final hour. dana is in for gretch today. great to have you. >> dana: one more day. >> brian: people want to know what's busy and exciting and informative? we have an exciting exciting and informative final hour, you'll love it. >> steve: it's time to get busy. >> brian: '84 when he last worked. one minute after the hour. tell us what's happen. >> dana: first it was yemen. now the u.s. is banning cargo from somalia. napolitano also banning toner and ink cartridges weighing more

than one pound from passengers. terrorists in yemen hid two powerful bombs inside printers and tried shipping them to chicago. elizabeth smart returns to the witness stay. she's testifying against her accused kidnapper. yesterday she detailed the night she was kidnapped at knife point from her own bedroom. she says, quote, i remember him saying i have a knife to your neck. don't make a sound. get out of bed ask come with me or i will kill you and your family. smart, spared from coming face-to-face with mitchell, as he is forced to watch from a separate room. a dream vacation turns into a nightmare when a carnival cruise ship catches fire. now the ship and the 4400 people on board are drifting 150 miles off the coast of san diego. the crew of the ship, which was headed to mexico, battle add fire in the engine room for three hours. you're looking at a file footage of a similar carnival ship. the fire is out, but no one was hurt. unfortunately, there is no power

on the ship and that means no flushing the toilets, no hot food, no air conditioning or phone service. tug boats are headed to the scene to drag what's called the splendor back to shore. everyone will get a full reimbursement. the play you're about to see gives a new mean to go quarterback sneak. check out how this middle school hands it to the player instead of snapping it. has no clue what's happening. the quarterback goes 68 yards for the touchdown and the game ended in a 6-6 tie. >> steve: awesome! >> dana: is that allowed? >> brian: yeah, it is. the ultimate trick play. i just can't imagine no one popped up to say what are you doing? >> steve: let's watch it again. he hands it to him. anyway, those guys stand up. we're going to go home. >> steve: here we go! >> brian: maurice smith on this

score and other crazy plays from the weekend, laura ingraham is here. what's your take on that? >> come on. you guy, if it's not college field hockey, i don't know anything about it. i'm focusing on the maryland game in college field hockey. >> steve: speaking of games, the new transition team started meeting three minutes ago on capitol hill in washington, d.c about 20 some odd members of the new incoming class joining the transition team. the republicans have got to figure out how, now that they've got power in the house, what they're going to do with it. >> how to govern. that's always a harder step than winning. look, they obviously have to assimilate all these new tea party people. not co- opt them, but assimilate them into -- you know how washington works. but you have the tea party folks and hard core conservatives who are thinking to themselves, wait a second. i was just elected by people who were kind of sick of the way washington worked. so those two forces have to come

together somehow and then turn into a blueprint for governing the country and at least from the house of representatives. i think it's going to be fascinating to see how it works. it doesn't surprise me at all that these tea party folks are getting plumb assignments. they should. >> dana: then laura, on the senate side as well, you see -- i saw an interesting story that even somebody like senator dan coates, who is returning to the seat he used to hold, will be considered a freshman. so that might create a little tension on the other side of the house. >> yeah. fresh face dan coates. i love dan coates. he's a great guy. but look, it's about the spirit. it's not really about whether he served before. it's about this wave that these new senators and congressmen rode in on. i think john boehner said it, it's unlike anything we've seen in modern times since the 19 40s. we've not seen anything like this. so you can't just pretend it didn't happen and do business as usual. i think it's very smart, so far the way they're proceeding. we'll see whether they're going to be able to keep it together.

but so far, so good. >> brian: jason chavitz joined us earlier about the mood. >> we came to change the way we do business in washington, d.c the status quo is no longer acceptable. we want openness, transparency, little things like we have to read the bill before we vote on it. stuff that you say, duh, but doesn't happen here in washington. >> brian: there is one thing, chapman will be asked to help out darryl issa who says he wants 40 weeks, seven hearings a week for 40 weeks for what the obama administration did. i'm not sure the american people want them to do that. >> if the hearing is about what the regulation of carbon emissions really means, or their approach to doing that, why they're using the epa apparently to do an end around the voters and congress, that's actually interesting. i think people do want to know how that's going to affect the economy. obviously it turns into like witch hunts and goes on, i don't

think people are interested. but substantive hearings about these issues, like our competitiveness with china, what we're doing, all that stuff is important and i think that will actually be a great education and a great benefit to the country if issa pursues some of that. that's good stuff. >> steve: there is an incoming republican from south dakota by the name of christine gnome and she's significant -- yes. >> dana: i think this goes to what you were saying a little earlier. the republican leadership has to do things a little differently. and christine, being from south dakota, had to run statewide. she raised more money than any other freshman and she will have a seat at the table. do you think that's a good idea? >> i do. it's a newly created position which people say, well, are we doing bean counting 'cause she's a good looking woman. i've heard those rumors. but it's beyond that. look, she, again, rode in on this new energy and this enthusiasm. she's one of the new stars.

chafis is as well. anyone who can go from raising angus cattle will know the bull that goes on in washington, d.c that's a brian joke. i can't believe i told that. >> brian: on the farm and that's pretty much it. >> steve: ranch dressing. >> brian: which i have sometimes. >> maybe she'll be able to share tips with michelle on gardening as well. >> brian: that will be very interesting. >> steve: let's talk a little about incoming class on the senate side. rand paul would like to be on the committee. >> rand paul is the one to watch, i think. i don't know if you saw him on one of the other networks. >> brian: i did. >> he was impresssive. he's not someone who is easily

rattled. throwing questions at him one after the other. he was very specific in his answers. when he didn't know something, he said, look, i'm just get to go the senate. i'll answer the afghanistan question in a month or so when i do get into the briefings on that. but he's very, very strong in dealing with the media, public at large. i think he's going to be a force to be reckoned with. i know he's not everybody's cup of tea, but i'm telling you, watch him. watch the new senator from south dakota. watch chris christie. these people are all -- they're new faces and it's about time. we needed them. >> steve: cup of tea. i get it, tea party. >> exactly. >> steve: let's talk a little bit about in politico, that left leaning blog trying to get as many eyeballs to the huffington post, they've got this article about some congressional democrats' offices, this team of what looks like greek counselors are coming in how to write a resume, what to do now that you

lost your job and someone there to talk about the emotional aspect to losing your job. >> wasn't that that george clooney movie, in the country "up in the air," he went around firing people. then came in and said this is your employment package. my first question is, do the american workers who have been underemployed and desperately looking for jobs in the last year and a half, two years, where are their grief counselors? do they get anyone to counsel them? this is another example of coddling the federal bureaucracy. people are sick to death of this. this is just one more example paid for apparently by the human resources office, the clerk's office, honestly. go into the real world and see how great the obama economy is to get a job like the rest of us. >> brian: you don't take my calls on weekends -- >> steve: you call her? >> brian: i would often if she would allow them. when the news came out that nancy pelosi was going to run for minority leader, i couldn't wait to get your take, but couldn't wait to find out what other democrats felt.

now we find out those defeated house members are among those banding together to say do not let her be minority leader or else i will never get back in. how big is the threat? >> none. when the brave souls who are still in congress actually go up against nancy pelosi, you're gog have to pry that gavel out of her hands. i won't say cold dead hands. she's not going anywhere. i think it's insane to think that the woman who pushed through against the will of the people and against all the odds pushed through health care is going to kind of go quietly into that good night. no way. by the way, i wore my nancy pelosi shirt just for that question. >> brian: they say we feared the republicans will further demonize you and in so doing so, they will scare potential candidates out. the prospect of having to run against their own party leadership in addition to their republican opponent is simply too daunting. one mark of a strong leader is

the ability to discern whether it's time to pass the baton. we ask you to step aside as the leader. i guess she says no. >> first of all, we all want nancy pelosi in there. i do at least. come on. she represents the iconic liberal ideal. i mean, no bones about it, nancy pelosi is a classic san francisco value, san francisco liberal. let's have that national debate whether that works and those policies work for the country. i hope she stays exactly where she is. >> brian: maybe he, too, will run against her. >> he'll have to have a great path for that one. >> dana: everybody that wrote the letter lost. >> exactly! where are the guys in the congress now who are going to take on pelosi? i dare them. how many are there? count them on one hand. are they on any of the morning shows? you invited them on, i'm sure. where are they? >> brian: speaking of morning shows, you're on one. i want you to stick around. is that okay? >> sure. >> brian: she's got this topic. >> dana: republican senator oren

hatch is saying both parties need to reach an agreement on the tax cut. and he has an idea. >> steve: then rock superstar brett michael joining us live to talk about his new love for family and another scary surgery, straight ahead on this hour, "fox & friends."

>> steve: we're back with fox news contributor laura ingraham. too bad we could not make what was said in the commercial break pay per view event. of course, our lips are sealed. >> brian: laura, i'm sure you looked at what senator orrin hatch is coming forward with, proposed tax cuts, leaving the bush tax policy in place. is this the type of compromise we can get behind? >> my instinct is to say go for everything, the republicans just came in with big numbers in the house of representatives. clearly obama is on the

defensive. but orrin hatch pretty smart to say we can extend it beyond the next election. assuming this becomes another issue in the presidential election, you kick it forward a little bit. orrin hatch, we should point out, article came out yesterday saying that he might be in some trouble in his reelection bid in 2012. so he has to kind of bolster his own conservative people, a lot of people upset over his support for the dream act and i think hatch said, wait a second, this tea party is getting hot for me. i don't necessarily think it's a bad idea, but i think the republicans have to remember they have the offensive. barak obama, contrary to his -- ideal really make any mistakes, they have him on the defensive, they have to remember that. >> dana: remember in utah, that's where during the primary process, they actually ousted the republican party ousted -- >> brian: michael bennett. >> dana: robert bennett.

so i think that what you were just saying is that some people think that that same scenario could happen to orrin hatch this year. >> yeah. he has to look strong going into this tax showdown with president obama. the question is whether, again, the mood of the country is going to say, you know, this is not a tax cut. this is an extension of the status quo. chris christie made that point over the weekend quite brilliantly. stay with that momentum. i don't think you have to start compromising right off the bat. meet with the president first. it's a little odd that he's already floating that. >> steve: right, but laura, we're talking about a crazy lame duck session of congress, anything could happen. >> well, yes, it could. but again, i think the president is still looking at 2012 right around the corner. i think he's going to be a little more careful then charging right from the left again. i don't see that happening. you're going to see a compromise on this issue. >> brian: we're going to see,

the big story will be "obama diaries," there there be a sequel? >> thank you very much. >> brian: thank you for coming on this morning. >> good to see you. take care. >> steve: straight ahead, a stunning number of drivers admit they've fallen asleep at the wheel. maybe it happened to you. did you know police can write a ticket for that? peter johnson, jr. will be here in moments to explain. >> dana: then keeping kids healthy by putting limits on cake? this time we're not talking about a school district. more like an entire state. >> steve: the anticake state?

>> steve: time for some quick headlines. the nation's largest egg company is recalling 288,000 eggs after they tested positive for

salmonella. the specific brand, ohio fresh eggs, is being recalled in eight states. so far nobody has reported getting sick. apparently the guy who boarded that flight from hong kong to canada disguised as an elderly gentleman didn't fool anybody. a passenger says she tried to warn officials, crew members, after noticing that the guy's hands were a lot younger than his face. but they refused to do anything. the masked man was later arrested. dana to you. >> dana: shocking study released finds when you're tired and driving, is that worse than when you're driving drunk? scary because the same study found 40% of drivers admit to falling asleep at the wheel. like drunk driving, should driving while sleepy be a crime and should you be sent to jail? joining us is peter johnson, jr. >> i would answer yes. in fact, one state, new jersey, they have a law that says you'll go to jail for ten years if you kill someone in an accident as a result of sleeping. this is a huge problem in this

country. really around the world. 16 1/2%, according to the a a a safety foundation of fatal accidents are attribute to do drowsy driving. people falling asleep at the wheel. it's very common that people will have these micro sleeps or micro naps where they fall asleep for four to five seconds. so if you're going 55 miles an hour at four to five second, you've gone the length of a football field. can you imagine the harm you can do in that? the problem, there are so many fatal accidents that, it's high speed on the highway, and that the people don't wake up before the accident. so there is no breaking or avoidance maneuver to stop the accident. >> dana: you hear about some people not remembering they drove a certain stretch of road. if you're pulled over, and it looks like you may be driving drunk, but you're sleepy, how does a police officer determine that and can he arrest you? >> in new jersey, if you're awake for 24 hours, then it's

presumed under the law, if you kill someone that you have broken lawsuit. it takes questioning by a police officer. there is a problem in this country. there is about 20 million shift workers, people that don't work conventional shifts in this country. their average amount of sleep is five hours a night. by the time they go home from their work, they may have been up for as much as 18 hours as opposed to someone working 8:00 o'clock to 4:00 o'clock or 9:00 o'clock to 5:00 o'clock shift every day, they're awake for 18 hours. so studies show that if you're awake for 20 hours, that's equivalent to driving legally drunk in this country. so if you're up for 20 hours, that's like driving drunk. >> dana: can you be held liable for that? like not regulating your sleep enough? >> absolutely. you could be held liable for wreckless driving. you could be held liable for certain degrees of manslaughter based on the evidence that you give. but a lot of people will not admit that they were drowsy, nor will they even know sometimes that they fell asleep on the

road. the triple a has given tips with regard to this. >> dana: i think we have some of those for people. >> they say get at least six hours of sleep the night before you take a long trip. take a break every two hours or every 100 hours. drink coffee or caffeine when you feel like you're sleepy or drowsy. pull over, drink the coffee immediately, then take a nap because it takes 30 minutes for the caffeine to kick in. it will not affect your ability to sleep. you take a power nap and then get back on the road. it's a serious problem in this country. we need to confront it and law enforcement needs to confront it and we need to confront it with each other. we should tell a friend, family member, don't drive. i'm going to drive for you. you're going to kill us and somebody on the road. it's bad. >> dana: thank you. >> good to see you. >> dana: up next, we've got brian and steve and we'll do some news or something. >> brian: thanks for the introduction. up next, good job.

president bush putting his critics rumors to rest. >> everybody thought he had them. everybody in the administration, a lot of democrats. a lot of members of congress. >> brian: more from the president, including the tough questions on his decisions to approve water boarding. why he would do it again. >> steve: sean hannity with him. they're making every kid the popular kid. schools checking yearbook to make sure everybody has about the same amount of pictures. is that fair? e-mail us, we'll share those. >> brian: brett michael is all over his yearbook. he's bringing his rock star style to our couch. why he may be giving up looking for love.

>> president obama is in india right now hiding. you know what they say, go where the jobs are. [ laughter ] >> steve: he was in india yesterday. he has moved on and we have a fox news alert right now. president obama is getting ready to attend a state dinner in indonesia where he's right now on his only night in the country. the visit will likely be cut short as a nearby volcano continues spewing ash and threatening flights.

wendell goler is live with the very latest where it's 8:31 at night. good morning to you. good evening to you. hello. >> whatever, steve. the president finally got here and now he probably can't stay. ash from the volcano may force him to leave for south korea several hours earlier than planned. this trip, of course, delayed and then put off because of the health care debate and then spiked once again because of the gulf of mexico oil spill. now, the president was only scheduled to spend a bit more than 24 hours or so, a day here anyway. now it will probably be a bit less. he'll still be at the country's largest mosque and give a speech on america's relationship with the muslim world. after talks with indonesian president, president obama was asked if israel's continued settlement building is holding up the middle east peace process. he said neither side is doing all it could. >> activity is never helpful when it comes to peace

negotiations and i'm concerned that we're not seeing each side make the extra effort involved to get a breakthrough that could finally create a framework for a secure israel living side by side in peace with a sovereign palestine. >> in indonesia, there is substantial disappointment at the lack of progress the obama administration has made in moving israel and the palestinians toward a peace agreement. president said the u.s. is making what he called earnest, sustained efforts to improve relations with the muslim world, but he says there will be differences. steve? >> steve: all right. live in jakarta with the very latest. thank you. great job.

>> brian: all right. i can't wait anymore. i have to go. >> thank you, steve. >> brian: george bush for two years, you really haven't heard much from him. he works very hard on this book and for over a year? >> dana: he started the day after he got home from being president, the first thing -- usually you think a few people would take a few days off. but he was up early, 5:00 a.m, he always wakes up at 5:00 o'clock and started working on it right away. the first thing he wrote down was anecdotes that he could remember because he doesn't keep a diary. he wrote down a lot of snows talked about some of the controversial decisions he made. >> steve: last night on nbc, they did a one hour special, matt lauer was presiding over it. he sat down a number of times with the president for some extended interviews. he really wanted to know about how the president feels now about water boarding. here is what the president said. >> why is water boarding legal, in your opinion?

>> because the lawyer said it was legal. it did not fall within the anti-torture act. using those techniques saved lives. my job was to protect america and i did. >> brian: really three people that were water boarded, the somali guy, as well as khalid shaikh mohammed and the results they gave, i challenge anyone to say, we would be better off without knowing that. more people are alive and having no after effects. >> dana: the information that they provided helped prevent attacks and the president talks a lot about that in his book. >> steve: also, last night mr. lauer asked him about weapons of mass destruction and he had one thing. here is a clip from the sean hannity show that we'll air in its entirety tonight. shear what the former president had to say about weapons of mass destruction to sean. >> you talk a little bit about

wmd when saddam didn't use them on our troops, i was relieved. then you talked about the absence of wmd stock piles. frustrating for you? >> of course it was frustrating. everybody thought he had wmd. everybody being every intelligence service, everybody in the administration. >> a lot of democrats? >> yeah, a lot of members of congress. you might remember, and i think for the sake of history it's important to put in the book that prior to my arrival, congress had overwhelmingly passed a resolution for the removal of saddam hussein from power that was embraced by my predecessor. >> brian: he goes into detail about those days after the invasion, the statue came down and the feeling of the surge. when you read the quotes that harry reid said at that time where the president knows that this war is lost, and those families -- i'm injures paraphrasing, those families essentially know they're fighting for nothing.

those words and that quote says everything. >> dana: he's remarkably free of actually settling any scores in the book, but he does bring up senator harry reid and those comments because it struck him -- and because he was so worried about what the families were thinking, plus what they didn't realize at the time was that the president talked about in his book how he was planning to send more troops into iraq, which was possibly the most unpopular decision of his presidency, but turns out it was the right thing to do. >> steve: the book is all about a dozen big decisions he makes. there you can see both sides of it. brian and i will sit down with former president tomorrow and then you will see that interview on monday and tuesday next week, including next tuesday, we will be live on the campus of smu for the ground breaking for the george w. bush presidential center. >> dana: that will be an extensive interview for "fox & friends." >> steve: a good book, goes on sale today. >> brian: by the way, we have read it and it is great. ed head of president obama's panel investigating the gulf oil spill sees no evidence bp

sacrificed safety at the deep water horizon in order to save money. democratic lawmakers accused the company of completely and deliberately cutting corners. the testimony comes on the same day that former ceo tony hayward sits down for his first interview since resigning. he told the bbc he's still angry people criticized him for going sailing at the height of the disaster. he better have a good argument. >> steve: meanwhile, the state of texas could be the next state to pass strict immigration laws similar to arizona. state representative debbie riddle camped out for two days to be the first one in line to file several bills. this particular one includes a ban on sanctuary cities, requiring state agencies to track the cost of providing services to illegals, tracking undocumented students, and requiring voter i.d. cards. >> the people of texas are no longer asking, they're demanding and we have got to make some significant steps regarding

illegal immigration. >> steve: her bills will get early consideration when the legislature opens. the new session in january. texas republicans have a super majority in the state house, increasing the chances that the bills will pass. >> dana: on election day, 70% of voters in oklahoma decided to ban sharia law from their courts. but a federal judge just put that new law on hold until a hearing later this month. sharia law allows for stoning and spousal abuse, but a muslim rights activist filed a lawsuit. he claims the ban on sharia law violates his constitutional rights. >> brian: a concerned government or bunch of party poopers? the pennsylvania board of education looking to limit the amount of sugar served at classroom parties. that's not all. the board is also looking to limit the number of birthday and holiday parties. classes can have -- seems like every year, kid's got another birthday. we got to put a stop to that. >> steve: sorry, sally, we can't celebrate your birthday.

>> brian: bloomberg is banning salt. we got to go to new jersey, take some salt, put it on the back of your hand and then come back to new york. >> steve: you're talking about with the tequila? >> brian: yeah. speaking of new jersey, let's talk about yearbooks. so many times there are a certain group of kids that seem to get in your yearbook that live forever in your life more than other kids and it's simply -- it simple lights has to stop according to one new jersey school. >> steve: earlier in the program we had a couple of teachers who were also yearbook advisors and in new jersey what they do is they're trying to make it more equitable. some kids are never seen in the yearbook, so they're trying to increase the visibility even for the kids who actually don't do much. is that fair for the kids who do do a lot and are involved in club sports or involved in after school clubs and events? we talked to the advisors earlier on the program. here is what they have to say. >> we feel that the story is really the story of the entire

school and that everyone really deserves to be remembered, whether they were the most active or they just had a small group of friends. >> i mean, there are students who don't want to be in the book. we had students who say, no, i don't want to be interviewed. we certainly respect that. this is just an opportunity for those students, maybe who are quieter or shy and may have come to our door saying we want to be in the book. >> dana: i think we should see what other people think. >> steve: suddenly i'm at the united nations. >> dana: we have e-mails. amy, one of the teachers should be applauded, applauded. high school should be about all the students who attend the school, not just about who was able to make the football team or who was the valedictorian. >> brian: chris in louisiana says i think it is not fair when all students have the same amount of pictures in the yearbook because some kids have more school spirit and get more involved in school activities than others. if you work on the yearbook staff, that means you're not going home early, you're glueing

pages together, taking pictures of your classmates. you deserve to be in it more. >> dana: they don't even have yearbook more. everybody has facebook. >> steve: my daughter's yearbeer is $110. >> brian: wow. >> steve: maybe that's why they're trying to make sure everybody gets their picture in a couple of times so they sell more. >> brian: that's what i paid for my college education. i sent away and got my diploma. straight ahead. >> dana: he went to jail for causing a wreck that left three people dead. now he's a free man since all those problems with toyota were revealed. does that mean toyota should pay up for the fatal mistake? >> brian: brett michaels facing a life-threatening decision and scary surgery. he joins us live coming up. he's still got a good voice.

>> brian: in 2006, our next guest was driving home when his 1996 toyota camry sped out of control on a minnesota highway and slamd into another car, killing the driver and two other passengers. he spent more than two years in jail for vehicular homicide, was tried twice and offer add lea deal, but refused. risking more time in jail, but this summer he was released and now he's suing toyota. he joins us now from minneapolis. you took a very courageous stand. you felt you were innocent the entire time. we all agreed this was a tragedy. what do you think toyota has to do with this? >> yes. on june 10, 2006, i came back from church and i want to exit and at that time i saw the red light and i took my foot off the gas and i put on the brake and i

tried to step couple times and i tried to avoid, but when i step on the brake, nothing happened. and i tried to avoid accident, but because of the car -- >> brian: you slammed into this car and it's everyone's nightmare. they died. you go to jail and you're saying it's toyota, their acceleration problem, that's what caused this accident. you always maintained your innocence, but yet you spent almost three years in jail. >> yes. that's right. because of the car and three people died and many people suffered about this and toyota should be responsible for all

this and toyota should -- because right now many people drive toyota. >> brian: if you don't let me interrupt you for a second, so people know, everyone knows about toyota's problems now. but no one knew then. you maintained that this was the story then. now we all know what happened with toyota and the massive recall. here is what toyota has said on this. toyota objects to the lee family's request to interest convenient in litigation brought by the families because the lees have not filed a complaint with the court explaining what claim they intend to pursue against toyota. what's more, toyota believes the unintended acceleration allegations in this case are without merit. the 1996 camry has never been subject to acceleration related recall and is designed to meet or exceed all federal motor vehicle safety standards. your reaction?

>> toyota know about their car for a long time, so i think they know about this for a long time and they should responsible for this. >> brian: it's just a horrible situation all the way around. we know your trial starts this week. we want to stay with it and we also want to thank you for joining us this morning and we'll have you back to talk about how this ends up. thank you. >> thank you. >> brian: straight ahead on a lighter note. brett michaels battling a life-threatening condition and another scary surgery, the good news is he's okay, he joins us live as he walks in. but first let's check in with martha mccallum with what's on her show at the top of the hour. i know she's jealous about brett michaels, but too bad. >> i am. you nailed it. thank you very much, brian. coming up this morning, we've got a big show for you. john boehner is about to come forward and make a statement about his transition team. we'll have that for you live at the top of the show. we'll get reaction to that. brit hume, juan williams, joe

miller with us this morning. and a great guest, josh bolton, president bush's chief of staff joins me to talk about his boss and the book. and i join you at the top of the hour.

>> i'm going to take off, go do my shows. it will be crazy. there is not many days i feel like i'm upbeat. >> steve: it is a constant juggling act for family man and rock star brett michaels on his show "life as i know it." >> brian: he's here on our couch. life as you know it, that word means a lot considering what you've been through. here you are doing the apprentice, the next thing you know, the nation is wondering if you're going to make it. >> here is what happens, too. all this stuff like "american idol," apprentice, all that stuff is -- you know you're doing that months before it will

happen. i didn't know if i was going to win or not, but you know you'll be one of the finalists in it. when i got sick, of all the things in my life, i've been a life long diabetic and all the things that happened, i never thought a brain hemorrhage or appendectomy. it started with that. i thought i had the stomach flu. the brain hemorrhage i was sitting like this on the couch and the hemorrhage literally explodes. it's not like an aneurysm where they can coil it or clip it off. it just explodes. >> steve: just like that. >> dana: was it painful? >> never felt anything like it in my life. it's the most painful thing i've ever experienced. obviously i've been through a car wreck or two and other stuff, but your brain literally explodes. >> steve: we have to ask you about something in the papers. there are allegations that you were involved with miley cyrus' mom, having an affair with tish.

>> the question is did i or didn't i? the answer is no. but here is the thing, i've been friends with her family forever. it started out with me and miley working on a song together. her mom, at the first concert miley saw was poison and they wanted to remake t. then they started with miley, when i was in the studio, she sang on a song i wrote for my album and she came over and sang on that. and honestly, she did a beautiful job and then that was it. they started with all that controversy. >> dana: this month, november, is american diabetes month, diabetes awareness month. tell me about what retire doing and make sure people know. >> i've been pretty much a life long, since i was six years old, type 1 diabetes. i do four shots a day. i did one literally. i talk about the diabetes. check my blood. >> steve: your daughter is? >> yeah, prediabetic.

they start showing symptoms and it's borderline or prediabetic. that's why i fight hard for the cure. i've done this way before apprentice and thankful i got it. that's why i wanted to do it is to raise money and awareness. >> brian: brett, everybody wants to be a rock star. now we get to see a real rock star's life. your reality show. tell me about that, it's a real glimpse into the life that we all wish we had? >> here it is, for me, i think a real rock star and, try to always say this, a real rock star is an originator, not an imitator. you got to live the life -- that's the whole purpose of not following what anyone else wrote before you. i think people get a good glimpse of that balance between my passion for music and my love of my family. >> brian: when i chose the clarinet, would that rule me out? >> no, not now. maybe in the day, '70s, maybe '80s. but now, clarinet is in. it's big. >> dana: you have heart surgery coming up in january? >> yeah. >> brian: let's hold it on that. we'll come out and find out about your heart.