and happiness comes in 25 delicious flavors. yoplait. it is so good. ♪ cause it's the little things that mean a lot ♪ oh, thank you. you're welcome. what a nice young man; my goodness. >> gregg: i'm gregg jarrett and welcome to a brand-new hour. >> julie: i'm julie banderas. topping the news for you this hour, you elected them and now more than 100 freshmen representatives are on capitol hill to get schooled in the ways of washington at the same time tea party members are warning them not to get too cozy. >> dramatic videotape, releasing

a slickly produced training videos. we'll get a live report from kald can to an expert about what we're learning from them. >> and somali pirates are releasing a couple they held for over 300 days. >> gregg: fox news alert. new developments in case of a missing family in ohio. one member of that family a 13-year-old girl has been found alive. police charging a man with her kidnapping but the situation is far from over. the girl's mother, brother and adult friend are all still missing. peter is live in new york city newsroom with more. >> reporter: one member has been found. that is coming out of mount vernon ohio, she was found bound and gagged in matthew jay

huffman's house and he has been arrested and charged with one count of kidnapping. you see him there. they don't know if he is earthquake connected with the family but he is not cooperating but they believe he knows the location of the mother and two others. sara who they found this morning is recovering from a non-life tlj condition, according to the sheriffs who also said hoffman has had sara for a few days. >> we would estimate that she has been under control of mr. hoffman since wednesday in one form or another and at one location or the other. >> that same sheriff said additional charges are expected from more hoffman in this case and since they do not know of anyone who is deceased, this will continue to move forward as a missing person's case. they said there is no connection between this investigation and earlier reports of a body bag being removed from a nearby

home. matthew hoffman was convicted in colorado for arson and his neighbors say he is a strange man. >> he would come and go and always had a backpack when he was coming and going. >> he is a weirdo. if you look back there in the trees he would sit and watch people. >> one found and three still missing and he believes a bond hearing for the suspect will take someplace sometime tomorrow morning. >> gregg: peter, thanks. >> julie: a special day on capitol hill as more than 90 freshman house members check out their workplace. welcome to congress, gentlemen. in the coming weeks, fledgling lawmakers will undergo orientation. it's during that time that the new kids on the hill will hopefully learn the job they were elected to do. tell us about the scene in d.c.

today. >> reporter: here at the capitol hill club, republican incoming lawmakers along with the conservative institute the claremont institute wrapped up a luncheon and discussion. many of the republicans attended both and this and a competing forum that was held uptown. some members made a choice, they chose one or the other. now, this over the weekend over the two events highlights the larger tug of war over the loyalties of the 85 new republican freshmen who are incoming to capitol hill. they are going to have a large influence on the new congress. tea party patriots sent a letter out that set the tone, saying, quote we knee knead to you e-mail these incoming congressmen and tell them you want to attend your tea party event or rather attend an indoctrination organized by d.c.

insiders and lobbyists, members of the ruling class? >> they were bombarded by messages. later they apologized for that and backed off their criticism of this event. we talked to some of the republicans, incoming republicans today and here their response to this controversy? >> i got an e-mail from the tea party. you know, they are excited. they put a lot of e-mails out to the freshman class, it's not a big deal. >> from a tea party perspective they are concerned. they say trust us, we're going to do this. we're going to pull it off. we'll make everybody proud. >> i made eight priority i can meet as many people as possible. as many events i'm going stop by and visit with them. that is one of the goals of orientation week. >> reporter: and this is

freshman orientation week for democrats and republicans and they are sure to face a lot of competition over the next two years. >> julie: thank you vel very much. >> gregg: as her report suggests there are signs that mainstream republicans might have to learn to work with tea party colleagues, not just democrats across the aisle. that has some political analysts how much muscle tea party patriots and other groups will be flex inning the law making process, will they hurt or help republicans? let's ask a former aid to chuck schumer and former deputy press secretary to george w. bush. >> this conflict over the scheduling of two simultaneous events that has a campaign of harassment, that may seem to most americans seem petty and

silly. does it portend a political struggle that is destructive and not constructive. >> we've got the wrong satellite feed. let's try to work on that. >> gregg: apparently, we're seeing scott but we're not getting scott. we'll try to get him in just a moment. stay with us. let me bring in christopher, put the same question to you. you are on the other side of the i'll, your interested is completely different. when you see this infighting and congress hasn't started, my goodness. does it foreshadow something destructive for the republican party? >> i think it doesn't bode well for the tea party. republican party has been around since the 18 50s. the tea party is dr. v

decentralized. and more republican party is going to try to move them out. you will see small events that people on the democratic side of the aisle have loan up over the years, blow up in the face of the tea partiers. if there is a racial incident that happens, you might see members of congress dissociate themselves from them. the more they push the republican establishment the more they will be pushed to the side. >> gregg: let me be fair. you are a democrat. your party is fighting its own demons. the congress has an approval rating of 17% and exit polls show that most voters did in fact cast their ballots in repeated immigration of what the president and congress did over the last 21 months with nancy pelosi at the helm as speaker. is it destructive to your party

for her to continue to lead democrats in the house? >> you know, nancy pelosi was very successful in building that democratic majority. i'm not a member of the democratic congressional caucus but what people have to understand democrats are going elect the person who lead their party who is best going to return them to power. if that is nancy pelosi, that is nancy pelosi but i haven't heard anyone that has real experience and electing democrats step up to seek the leadership role. that is the keep for the next leader is to get more democrats elected and take the majority back. >> gregg: let me can back to scott because we now have the correct satellite feed up. our apologies to you for the problem. when the tea party patriots group learned of this competing event. they sent out this scathing e-mail to tens of thousands of

supporters with private phone numbers and e-mail addresses and then those supporters were encouraged to harass the members. they did so to the point that actually the accounts had to be shut down. here is what one organizer of the claremont institute event had to say. some of the tea party patriots tactics have been nothing surety of political thuggery. it has no place in conservative politics. if the tea party patriots group exercises that kind of poor judgment for which they have, by the way, since apologized does it call into question not the intelligence but the competence of this group. >> i think it's one group that had a response to competing

events, maybe to the success of their event. tea party is made up of people from all over the country. they are one of tenets of the tea party it's not led by anyone person. there are all kinds of penal that are involved, that want to see real change in washington. whether or not some members of congress, new members attend their events or another event, that was sponsored by a different conserve organization isn't the point here. what are they going to do to control the out of control spending and 13 trillion dollar deficit. >> gregg: scott, i mean, i don't know who was behind the e-mail -- i don't know who was behind the e-mail campaign. the cofounders of the group, general any and mark, but my goodness this was deliberate campaign of harassment and the

invasion of the privacy of these new members of the house of representatives. should those individuals that i just named or whoever was behind this resign their positions? this was awful are thet be getting e-mails or cell phone numbers. their access will be curtailed because of their actions. >> gregg: and you scott? >> i think that is going to be up to the tea party organizers. think they took and aggressive tactic that would bet in hindsight they would like to have back. >> gregg: i have to ask a last question to kric, the democrat in our group. the chief legislative accomplishments for the last 21 months were the stimulus, health care, they were cap and trade and all according to polls are incredibly unpopular and yet,

christopher, nancy pelosi whose own approval ratings decided to hold a lavish party last week celebrating. is she tone deaf? what does it say about her sensitivity to be throwing a party and 24 million americans are struggling to put food on the table? >> i think health care was tremendous accomplishment. i think we might not see it right now as something that people are appreciating but remember, franklin roosevelt democratic congress lost 72 seats when they passed the social security, one of the most popular programs today. the democrats in congress passed something that years from now is going to be very popular, 35 million americans are going to have health care insurance and going to lower or gdp and.... >> gregg: you are moving into

talking points. party was a bad idea, wasn't it? >> you know what, you have to be considerate of the national culture. you have to be sensitive to that. >> gregg: and you don't throw a party. >> that said, there were a party around the tea party world after the election. once in a while you have to relax. >> longs taxpayers don't pay for it. it's okay. >> i think we're going to see a change in washington. the tea party is more popular than president obama in hmm out of 50 states. they are bringing change to washington and it will be an exciting time. >> gregg: you know popularity can be fleeting, just ask the guy in the oval office. >> julie: u.s. military releasing a new taliban recruiting video showing the danger our troops are facing in afghanistan. u.s. officials say the video stands out in many ways in ways

we've never seen before from higher production values to a direct appeal for money from countries in the persian gulf and southwest asia. conner powell has the latest on this video. >> reporter: they have been saying for some time that taliban after a fierce summer of fighting, heavy fighting, taliban are on the back heels and weakened state and recruiting younger and younger fighters and they are running out of money. today, u.s. commanders released a video that say supports this claim that the taliban is start to go run out of money. the video that was released was well produced, a very slick video that the taliban are using to raise money. it has a taliban commander. interestingly those the plea does not go out to afghans but

instead to arabs from the middle east, places like saudi arabia and united arab emirates and indonesia. they say it's evidence that the taliban is running low on money and needs support, not just from this part of the world but from the greater sort of terrorist world, places like saudi arabia where they think they can get money. in the past taliban has received money in you night arab emirates and saudi arabia so it's not clear whether its direct result of needing money or part of a regular process of asking money from this part of the world. u.s. military says though that this is clear evidence that taliban is running out of money. many analysts are not sure. they say the insurgency is strong as it has been in years. they control large parts of afghanistan and are able to hit u.s. and afghan positions all across the country, both rural

and in the cities. there is a growing debate over the current strategy. u.s. commanders say the strategy is showing positive results in the surge of 30,000 additional u.s. troops is putting pressure on the taliban is plays like kandahar. but hamid karzai threw doubt into the strategy telling them in interview the u.s. is winding down operations in afghanistan. there is a clearly a divide between u.s. commanders saying the strategy is working and now between hamid karzai who is casting doubt on this current strategy. >> julie: thank you so much. >> gregg: freedom for a british couple who spent the last 388 days as hostages of somali pirates. paul and rachel chandler set free but there are conflicting reports of what led to their release. some said a 300,000 was paid,

pirates kidnapped them from their yacht. they were held in very difficult conditions but now they are just happy to be alive and free. >> julie: a new tool honoring the nation's world heroes, stories recounting fight for freedom. how the internet is preserving the history. >> and russians creating a screen of smoking mirrors with artificial intelligence. we'll explain next. knows how to make things that are good for you. new v8 v-fusion + tea. one combined serving of vegetables and fruit with the goodness of green tea and powerful antioxidants. refreshingly good.

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>> julie: checking top stories, israeli prime minister benjamin netanyahu pressing members of his cabinet to sensitive security and aimed at starting mideast peace talks. >> a massive storm burying parts of iowa as much as ten inches of snow. howling winds blocking roads and

downing power lines. and queen elizabeth taking part in a remembrance ceremony marking the end of world war i and paying tribute to the dead to the current conflict in afghanistan. >> gregg: there is new online museum that is preserving the stories of american's veterans. it's called the witness to war project. a journey through time from world war ii to the current conflicts and covering all branches of the military. elizabeth has are a live in our atlanta bureau. >> reporter: every 90 seconds we lose one world war ii veteran which is why one man started this, witness to war, it's an online library with hundreds of artifacts straight from the veterans themselves. the founder is tom beat at this and his goal is to make sure that the combat stories don't

get buried along with the soldiers. more than 400,000 men and women died during world war ii and these stories from surviving soldiers tell about their service but also about the legacy of those lives that were lost. >> sit down and literally feel myself getting sucked in the story and it's amazing to hear what they saw and did. many fought them for hundreds of trace zblais we were all a bunch of kids fighting in europe. likewise the germans were the same way. >> reporter: that was bob and he fought in world war ii, he was only 19 and he has all his memories here that he gave his grandchildren. unlike a textbook or history book, all these testimonies are coming from the veterans themselves. >> gregg: thanks very much. >> julie: once ominous russian army is a shell of what it used

to be. military costs, using an inflatable army to fool the enemy. >> reporter: the russian army has gone through growing pains as the soviet union dissolved. military production and russia struggles to keep competitive but a lesser known aspect of the reality is trickery. a cost cutting camouflage. they are experimenting with inflatable tanks to give the enemy an illusion of a cell more formidable. >> the tank is inflated. everybody thinks its real one but the real one is hidden elsewhere. >> the company specialized in hot air balloons and castles for

kids until the idea of rubber dummies came along. they are much cheaper casualties of war and no soldiers inside. in order to be a believable target it's not just shape that matters. >> we use a metallic film and install special heaters so if it would look like the engine is still hot. >> classically they were wooden and heavy this one the new type. >> and how much blowup army they have purchased but s a state secret. for now, deceptive means continues. >> gregg: a medical breakthrough helping doctors to see cancer drugs are really working. the cutting edge technology that researchers are now using to help cancer patients.

plus, another state approving a measure to legalize medical marijuana. we'll tell you where it is and who exactly meets the guidelines.

time for the top of the news one of the four family members missing in ohio has been found safe. 13-year-old was found inside a home. her mother, brother and family friend still missing. one person has been charged with kidnapping. >> julie: danny davis announcing mayor of chicago. >> gregg: top advisor david axelrod says he will leave the white house to begin working on the president's re-election campaign. catch his interview right here beginning at 6:00 p.m. eastern.

>> julie: debate over tax cuts heating up on capitol hill with tax cuts set to expire december 31, president obama could be forced to compromise with the republicans. extending the cuts is a possibility. this is a rumor that has been swirling in washington. julie has more from washington. >> reporter: with time running out on the bush era tax cuts this is the number one issue the lame duck congress and the president will tackle. mr. obama meets with democrat leaders this week to start the process. david axelrod refusing to reveal the president's hand. >> i'm not going to negotiate with you on this program. >> walking back from earlier comments that the president was ready to give in, he insists that the white house hasn't changed their position but he refused to rule out a temporary

one? >> i've heard many different variations discussed over the last week publicly. i've heard a variety of ideas surface publicly by various members of congress and others. we're looking forward to getting together with the leaders of both parties in congress. >> reporter: if they don't hammer out a deal and do let the tax cuts expire the bottom tax rate will jump 10-15% and top jumps from 35%. and tea party backer says they are ready to deal on a two or three-year extension of cuts for wealthy americans? >> the best we could get out of the president, he president, but i hope he doesn't come back with the idea that we're going to raise taxes on 750,000 small businesses as he's been talking about. i think if we can work on our side of the ledger, we might work together. >> reporter: so sounds like a

compromise might be worked out with neither side eager to tell americans to tell americans that their taxes are going up next year. >> julie: thank you. >> gregg: arizona joining 1 other states and allowing the use of medical marijuana. voters approving the ballot measure. getting the okay by just over 4,000 votes out of 1.7 million ballots counted. the law will let arizona set up about 120 centers to hand out marijuana to people with chronic or did he bill yate go diseases. california was the first state to do it back in 1996. exciting new research to tell you about. potentially ushering a new age of personalized cancer care. this is called liquid biopsy.

>> allowing the patient's own blood to guide treatments. and david samati joins us now. the blood biopsies is a mix of high-tech science and cutting edge medical procedures. what can you tell us about the breakthrough which you personally told us you are very excited about? >> i think it's this is very exciting technology that coming into the cancer research. when there is a cancer in organ we take a piece of the organ, and do a biopsy and a lot of times it can spread to other organs when we get the c.a.t. scan to find it. but we don't have any idea what is going on in between. when those cancer cells are floating in the blood, that is where the new technology will able to put a gps on these cells and detect them on the

microscope. it's exciting because think of this like a tollbooth, a filter that allows these cells to go through. certain cars have ez pass and that a blood cell. cancer cells get stuck behind the filter and we're able to see what kind of cancer cells there are, whether there may be indications treatment is working and how to customize treatment. >> gregg: we do have a picture of cancer cells in the blood. there they are. despite what we're seeing and how this treatment helps? >> you can see on the microscope is those green cells are real blood cells. the red cells utah see are cancer cells. you may not any symptoms and walking around with cancer cells but putting this on the microscope we can tell there are cancer cells floating, to give the appropriate treatment. one of the advantages of this is

whether we are overtreating or under treating. so customizing our treatment is very exciting news and potentially can revolutionize the way we treat cancer patients. >> gregg: is this available now? >> it is available probably within the next three to five years. it's still under research. they have come a long way since 2007. so i think it's very exciting news and hopefully in the next few years we'll be able to use this. >> julie: so if you are able to target the cancer in the blood it seems more accurately? >> hundred percent. we're going to not give chemotherapy to everyone. >> julie: to help prevent the cancer? >> when you catch them early on, we can prevent them from spreading to other organs and

has survival benefits. i'm happy to see this technology has come a long way. >> julie: because as many know, if you have a family member or loved one who has cancer, one of the leading reasons as why people die from cancer is the cancer spreading. it can start small and spread to other organs and at that point it's impossible to treat? >> so that is really microscopic, when they become a real cancer in other organs. this is at the microscopic level. you can find one cell so it's very sensitive test. there is still more work but we can see on the image, it's very exciting. you can target the cancer cells specifically and not the whole body. >> gregg: this sounds like an enormous breakthrough? >> it is. that is why i use -- these are filters that are coated with antibodies, they can track those cells and let the regular blood go through.

with all the chemotherapy we have or surgery we have, we can specifically target those cells, not the red cells of the body. so with cancer treatments go go way down and definitely help the quality of life. >> gregg: fantastic stuff. >> julie: consumer advocate, ralph nader he has been trying to save our lives inside cars and latest beef with general motors and why he says, if gm isn't stopped, it could leave the taxpayer on the hook for billions. had a tree t hat bortt rare and magical fruit, which provided for their every financial need. [ thunder rumbling ] [ thunder crashing ] and then, in one blinding blink of an eye, their tree had gen its last. butith their raymond james finanal advisor, they had prepared for even the unthinkable. ♪ and they danced.

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>> julie: consumer advocate ralph nader has a beef with general motors. he wants the obama administration to suspend the initial stock offering. he thinks taxpayers could lose billions of dollars on the deal despite the word that gm is about a back on the road to recovery. nader is not the only one waving

a warning flag. let's talk to dominic dovella. great to see you. general motors is moving ahead with a public offering expected to raise about $10 billion. treasury department would receive about $7 billion from the stock sale that would be followed by additional sales in the future. what about taxpayers, could we stand to lose billions of dollars? >> first thing we need to understand, we had this money at risk. we have already invested over $50 billion in general motors. we currently own 61% of the company. so that money is at risk. main question is how we get that money out. as taxpayers how do we get our money back. so this is the first step to get the money back by going public, issuing shares to investors out there, getting some of our own

money back. >> julie: the stock sale is expected to occur on november 18th. government which we know is the largest owner, 61% to over 40% but that is still a pretty large chunk. >> we're going to get $7 billion back but giving up 20% ownership. that is part of his argument we're giving up controlling interest. and obama administration hasn't had any interest in running general motors general motors. this is the initial step. >> julie: it's like the bank handing me the title to the apartment before i pay off my mortgage. shouldn't gm have to pay off every dime before taxpayers will award gm with ownership? >> that is extremely valid point. remember we are owners, we will retain 40% of the company. for all intents and purposes, we

are the largest single shareholder of general motors going forward. we will have a say, even though the obama administration wants to it be limited, we'll have to say to how it's run and try to ensure our money to get back. whether we will or won't is undetermined. >> julie: and obama administration says it's going to sell or wants to sell off the ownership of gm as quickly as possible. they need it to protect the taxpayers and that is what president obama says he is going to do. how involved should treasury officials be involved in order to ensure taxpayer protection? >> the treasury knows nothing about building cars but you are an owner and you need to protect the rights of the taxpayer. so when stock goes public, what a fair price for that stock, what is the company worth today and tomorrow, that is where we

should have a say. >> julie: what is the stock worth, people close to the deal that gm stock could rise about 10% on the first day give or take 2 percentage points. if you are looking into invest in gm any advice? >> the stock is going public, between $26-29. right now, there aren't enough shares out there. i would wait. you may pay a little bit more or week or two down when the secondary market trades the stock. you couldn't buy it today if you wanted to but i don't know if i would be jumping into it. >> gregg: the training and recruitment videotape. new footage released by the u.s. military showing the taliban in an even more dangerous light. why this video is unlike any we have seen before and what it could mean for u.s. troops on the front lines in afghanistan, next. ave you een percent or more on car insurance?

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efforts to a whole new level. video that you are watching right now on your screen is different in several key ways including more sophisticated production values than anything the military has scene seen before. also, a direct appeal for money from the persian gulf to southwest asia. covert operations officer and he is intelligence w a intelligence firm and joins us live. we're watching this training and recruiting video. it's coming from the taliban, we know these videos are pretty common. let's put it back on the screen because i want you to explain why this video is entirely different on many fronts as we've seen before. >> people used to think of the taliban as a very inward looking group. they were focused on what was happening in afghanistan or pakistan. but what we're seeing now and been seeing over the past year in particular, their message is

becoming more international. the taliban has always had a relationship with al-qaeda. essentially you can throw them in the big extremist pot but al-qaeda support to the taliban in their ability to produce this time of video. they have a fairly sophisticated media wing and we know for several years production values have been increasing. we're seeing that with the taliban and more of an international focus so they are appealing for everything from recruits to financial assistance in a way that has not been seen in the past. >> you are watching this video and special ed it's something that could be done on a laptop computer but the production value is sophistication the military has never seen before. it's sending a clear message that the taliban is investing a great deal of money despite they

are asking for money. is the taliban running out of money? >> no. they are not running out of money. unfortunately the financial support community for the extremists whether we're talking about taliban or al-qaeda is fairly robust still. a great part of our what our intel community has been all about is to try to disrupt that money flow. the taliban is not going to be running out of money anytime soon. this is just expanding, expanding the vision. you made a good point about the technology. in a sense, the access to desktop publishing and to video technology has certainly helped both al-qaeda and taliban in their efforts to produce a slicker version of what they've been throwing out there. >> part of the video that we don't have a copy of was of an eighth grade boy. he is interviewed on a video before acting out on a suicide

bomb attack. is that anything new? >> unfortunately, no. when we are talking about the taliban and talking about al-qaeda, when you start discussing how low they can get, there is no bottom. they have used young people over the years. in fact it was about three years that a taliban video came out showing what appeared to be about a 12-year-old boy beheading what was referred to a taliban informant working for the west. they have recruited suicide bombers for several years. pakistan military and afghan military have picked up the boys before they carried out the operations. they are strapping bombs on them that is well within their did he approve the. >> julie: mike baker, thanks so much. >> gregg: new details in the trial of 9/11 mastermind khalid shaikh mohammed.

but the likelihood of a court day dait in the near future or a lack thereof. michael good win will be weigh in. and e-cigarettes a safe alternative for the thing but a shocking new study. our medical "a" team filling in just ahead.

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captioning by, closed captioning services, inc. >> gregg: i'm gregg jarrett, welcome to a brand new hour of america's news headquarters. >> julie: i'm julie bandaras, topping the news, the nation's newest lawmakers have descended on the capitol and tension are flaring, we'll have a live report. >> gregg: could police be checking outer facebook page, why those who serve and protect may expose they poke and friend. >> julie: three college football players shot during a fight outside a nightclub. the latest on the investigation. >> gregg: we begin with new developments in the case of the missing family in ohio, police tell us one member of that family has been found alive. a 13-year-old girl, also, a suspect is now under arrest,

he's charged with kidnapping. >> julie: the case is far from over, the mother, brother and family friend remain missing. peter doocy has more from the new york city newsroom. >> reporter: that's right, julie, three people remain missing but 13-year-old sarah maynard was found, bound and gagged in the face of matthew jake hoffman's house in mt. vernon, as a result, matthew has been arrested and charged with one count of kidnapping and now they don't know if he has a connection to the family but they say the 30-year-old, you see him on the screen, has a prior conviction on his record, for arson and we did digging and found out when he was 19 he set a fire in colorado to cover up a burglary and the sheriff said he has not been cooperating but that they do believe he knows the location of sar recess mother, and her sonics cody and her friend, 41-year-old

stephanie sprang whose whereabouts are not own at this hour. >> we are optimistic and trying to remain optimistic and, we have since this started. that is what we have encouraged to family to try to do, as well. >> reporter: sarah is hospitalized in good condition and she was bound and gagged and, the sheriff made clear she was restricted to the point that she could not call out for when authorities arrived and said because of the dangerous nature of the situation, they recovered sarah this morning with a s.w.a.t. team, to make sure he couldn't have any time to harm anyone before they got to him, the sheriff also said they were hopeful, earlier there would be more of the missing inside his home but they don't have any evidence suggesting the remaining family members and their friend had been taken outside the knox county ohio area and there is no information that anyone is deceased, the investigation will continue to move forward as a missing

persons case and earlier reports of a body bag near the crime scene turned out to be unrelated and a bond hearing for mr. hoffman, who was arrested, expected sometime tomorrow morning. >> julie: peter doocy, thank you so much. new members of the house of representatives learning the ropes in washington, d.c. the freshman lawmakers attending orientation sessions, how to get business done on capitol and and one of the first lessons they are learning, you cannot please all the people all the time. with many newly elected republicans, forced to choose between earlier events, sponsored by opposing groups. fox news senior producer at the house of representatives, chad, joins us on the phone. how did it turn out. >> reporter: actually, seemed to go pretty well. there was unrest at first, as the tea party patriots blasted e-mails and phone calls to the ♪ ♪ g.o.p. freshmen class demanding they attend the event

at the reagan building in downtown washington d.c. and complained they could be infected and co-opted by the ways of washington if they didn't meet them first and the freshmen were trying to have a meet and greet, and the third group, the constitutional congress had a rival event at the reagan building, a sponsored conversation with senators jim demint and tom coburn and scott shaddag, and, a congressman elect from colorado said he'd hit all three, a freshman hat trick and that is what the members were doing, going to one event and the next one and the next one and didn't spend too much time at any one of them and are pulled a million different places and is good practice for freshman lawmakers when they are sworn in. >> julie: people compared to it college move-in day. >> reporter: there is a reason they are called freshmen, they are getting class schedules and learning who professors to avoid and someone joked that rahm emanuel doesn't teach here

anymore and that is probably good, for the freshmen. but, they are freshmen and sometimes there is freshmen hazing involved, where senior members sometimes put the more junior members in their place and bill johnson told me he hopes they don't have him scraping cheese balls off the ceiling or something. that would be hazing in his mind. i suppose. >> julie: what happens now, chad? >> reporter: here in less than an hour, they'll break up, and go to dinners with their respective party leaders, the freshmen, republicans will dine in statuary hall, the house chamber in the capitol, with presumptive house speaker john boehner and, house majority leader steny hoyer treats a significantly smaller group, nine in coming fresh men democrats, to dinner in the great hall at the library of congress and tomorrow, lawmakers attend sessions to learn how to be a congressman. they'll attend forums on parliamentary procedure and learn how to set up offices and hear a lot about congressional ethics. >> julie: they have a lot of work to do. chad pergram, thanks.

>> gregg: the president is back at the white house, ending the economic trip to asia but it wasn't all economy all the time and one of the final meetings was with the russian president dmitry medvedev. and the two leaders discussing a new strategic arms reduction treaty they agreed to in april which now must be ratified by the senate in the u.s. >> julie: when everyone gets back to work in washington one of the first things they have to take on is the nation's massive debt. two former senators, erskin bowels and alan simpson come up with their own bipartisan plan and the formula: they want spending cuts, tax increases, not winning many friends on capitol hill, of course. here's democratic senator kent conrad of north dakota speaking earlier this week on fox news. >> on the right, they say you can't touch revenue. on the left, they say you can't touch the entitlements.

well, if you can't touch entitlements and you can't touch revenue, you can't solve this problem. >> julie: can the lame duck congress tackle the problem? joining us now for a fair and balanced debate, is congressman luis gutierrez and congressman king. congressman king, without this tax cuts the republicans want and with deep spending cuts the democrats don't want, how much is left, the lame duck congress can work with here. >> there is not much the lame duck congress can do with regard to deep cuts because we have a pelosi-run congress yet but we can take the current tax structure and, make it permanent, and we should do that across the board, so there is certainty for the business community out there, making investments and they have been hanging in the balance for too long and there was not courage on the part of the pelosi congress to hold a vote before the election and i'm hopeful we'll make them all permanent

including the estate tax so people can look forward, 4, 5 or more years and make spending and investment plans and will help the jobs in america. >> julie: do you think americans will look forward four or five years and feel comfortable with what congress will decide on this week? >> i certainly hope so. but i'm not encouraged when i hear the in coming, presumptive majority leader in the senate, mitch mcconnell say the first priority of the senate is to deny barack obama a second term. i don't think that kind of language and those kinds of proposals serve the american people. that is politics, not public service. i don't think it serves us well when mr. issa, the in coming government oversight committee chairman says he is going to have seven hearings to investigate and says barack obama is the most corrupt president in the history of the united states. that doesn't bode well for people from different parties... >> julie: right.

>>... coming together and sitting at a table and doing what is best for the american people when the party that now will be in charge says their priority is to stop democrats from being successful. >> julie: the republicans are frustrated, the american people is frustrated. and, the two co-chairs -- >> i am -- i am terribly frustrated that the in coming president of the senate says that his priority is to defeat any notion of a second term for the president of the united states. his priority should be getting americans back to work. >> julie: what the priorities should be in washington is bipartisanship in order to make decisions -- into making sure -- >> fiscally responsible decisions and reform and former g.o.p. senator alan simpson and erskine bowles have their own bipartisan plan to cut the deficit by what some say, stoking deficit panic and making harsh proposals for federal budget cuts and tax changes and i want to you listen to erskine bowles and i'll let you both

react. >> the debt is like a cancer that will truly destroy this country from within. if we don't fix it. we are on the most predictable path toward an economic crisis that i can imagine. >> julie: congressman king, how do you think democrats will react to the plan? >> well, i think democrats will come down on the side of we can't touch entitlements and as we heard, republicans will come down on the side of, we can't raise taxes. so, the first thing we have to have, is an economic cycle and an economic investment and growth in the economy, and if we don't have a growing economy we cannot fix this. it is spiraling downwards and that is step one and, the second is, the commission, looks like this is an opinion, by the commission's report, which is due out in the a month and we are not bound by that or guided by that. i want to see something that is transformative and i want to talk about eliminating the irs and go to a national sales tax to stimulate our economy and

have a future for our children and grandchildren and that is the only proposal that is transformative and fix everything, anybody's tax proposal, it does them all and does them all better and that is not just me, economist don't disagree but they say you have a political problem, everybody is protecting their own bailiwick and constituency base and i'm trying lay the foundation down and take to us a destiny of america that has a dynamic economy an fixes everything that is wrong with our economy and does it in one bill and we need a legitimate national debate on the national sales tax. the fair tax. >> julie: a news conference in seoul on thursday, the president maintained silence about the particulars of the draft deficit reduction plan the commission chairmen of proposed but seemed to reach across party lines and i want your reaction on the following quote: the only way to make the tough choices historically is if both

parties are willing to move forward together and before people shoot down proposals, we have to be straight with the american people, are you worried, democrats worried, perhaps, the once liberal president is becoming moderate for the duration of the presidency in order to get located, as you say, many don't want to see? >> i think we shouldn't try to characterize that. i think my friend from iowa, let's do it all in one bill is utter nonsense. we cannot fix this in one bill. it will take a lot of rolling up of our sleeves an seriousness to get to the bottom of it and, the president of the united states has said kind of what the republicans aration. they say, we'll reform the congress of the united states and make sure everybody has time to read those bills before they vote on them. so, the american people -- >> don't you think the president is backtracking a -- >> and you know something, that is correct. yet we have mr. king, on this program, denigrating a proposal

that he has yet to read. >> luis, you are accusing me of uttering -- >> and being partisan when you are making a partisan argument. >> julie: congressman king. >> this is the republican party, i didn't interrupt mr. king, yet he has to interrupt me. that is what we're going to find more of, partisanship, partisanship, let's read the proposal. as the president has indicated. so we can do good work for the american people instead of trying to figure out who can come ahead politically. let's have the american people come first. not our political parties. >> julie: congressman king, i'm going to let you react and would love to you touch on the question i didn't get answered, the president has been retracting and we have rumors on capitol until -- >> you say i didn't answer your question. i absolutely answered your question. >> julie: you did not answer the question i asked -- >> you on fox news, i not only have to debate mr. king, i have to debate you, too, you are supposed to be -- >> i am talking to both of you. >> and interjecting yourself, in the debate between you and

mr. king, he's big enough to protect himself if he has to but you are not doing that. i come before the program, and i came to -- >> can i please, finish, sir i let you speak, now you let me speak, i'm -- >> now oh, you are agitated. >> when it comes to tax cuts -- >> not, because you asked the well, i gave an answer, and you don't like my answers and -- >> now you say you didn't answer the question. >> julie: the president is holding back on the issue, perhaps because he's trying to -- >> of course, here we go. >> julie: trying to reach out to the moderate base in order to get reelected, politics as usual, it's not, congressman king, you get this final word. >> it is really clear having dialogue with luis will not be constructive about the future of america, and i will not engage in the argument and there is no substantive base but the president indicated he's willing to have discussions about the extension of the currents tax structure and i am hopeful that that this is tone we'll see in the 11 th congress and i'll work

in a constructive fashion and put forward logical solutions and if anybody wants to accuse me of not putting those things forward, or not being able to debate it will not hold up. we'll do constructive things and run the congress in a fashion that has not been in the last, about two-and-a-half years and, the voice of the people, will be hearded through the constitutional republican -- >> i certainly hope so. >> defined in our constitution and required, actually by the constitution, julie. >> julie: all right. >> there you go. >> julie: congressmen, thank you very much. >> thank you very much. >> gregg: the nightclub shooting in mississippi, injuring three college athletes, the men all members of the southern mis football team, the shooting happening early this morning at a bar off campus, all the players are listed in fair or stable condition. at a local hospital. police investing the case -- investigating the case are saying that this could be gang related. they are looking at a, as an isolated incident adding the players were not armed.

and, police are searching for the driver who set off a horrific crash on a remote desert highway in california, five people were killed and six injured in a head-on collision involving a group of motorcycles and two cars on saturday. police arresting the driver of one car on suspicion of driving under the influence of alcohol and they say he slammed into the rat pack of motorcycles, and authorities are looking for the second car they believe that the driver triggered the crash before leaving the scene. >> julie: khalid sheikh mohammed, will he ever go on trial. >> we have question about the trial and eric holder's announcement about it coming up next. >> gregg: and the heart of and yani town going up in smoke, flames leaping from one historic building to the next. while residents can only stand by helplessly. >> born and raised in this town and i'm 67 years old and, a lot of history there. probably the oldest building on the square.

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>> gregg: khalid, the -- khalid sheikh mohammed may not be tried in either a civilian or a military court. he may remain indefinitely in military detention. that at least according to a

reported in the "washington post" citing obama administration officials. but that is not what attorney general eric holder led reporters to believe, last week. take a listen: >> we are working to make a determination about the placement of that trial and i would hope that whatever the decision is, will be one that will be judged on the merits, and, that what is best for the case and for justice in that case. will be the thing that will guide the decision. we have been working on it and i think we're close to a decision. >> gregg: to a decision. well, "new york post" columnist michael goodwin writes about holder and the case in the most recent column and joins us live. michael, good to see you. >> thank you, gregg. >> gregg: i year ago yesterday, i checked the date. eric holder announced that ksm would be transferred to manhattan and tried in a civilian courtroom and two months later the plan was abandoned and the springtime he said a decision would happen in a matter of weeks and of course, that didn't happen. and last monday, as we heard, he

said we are close to a decision, but, now, if the "washington post" is correct, nothing at all is going to happen. no trial of any kind. is it fair to say that this thing has been bungled? >> oh, i think there is no question about it. as you said withholder, every november, he seems to come out of -- like a hole and talk about this. both times he talked about it, first when he announced it and the other day, president obama happened to be in asia. and, i don't think that is a coincidence, i think he realizes what a hot button this is politically and holder is trying to keep the president away from it and it is obvious holder himself very much wants a trial and president obama initially supported that, and walked away from it and both said he'd be convicted and probably executed and now, sort of put the whole thing on ice at the washington -- if the story is correct and that story is interesting for another reason, too, gregg. it says, none of the sources are

named, but, also says in there they might stash in gitmo for the next two years, because, to do anything else, and that will upset the left if they try and -- in a military tribunal. >> gregg: let's recall, in the first day of office, during the inaugural ceremonies, the president issued an order, suspending khalid sheikh mohammed's prosecution, though six weeks earlier, and this is the confounding part, i checked the date today, again, too. december 8, 2008, khalid sheikh mohammed walks into a military tribunal and he says he wants to plead guilty to the 9/11 plot, indeed in court he said, and this is a quote, my decision to plead is made without any kind of pressure, threat, intimidation or promise from any party and he could have been executed already, michael. >> yes, so you asked did they bungle it? absolutely and the idea of stashing him, because, you don't want to put him into a military tribunal because your left wing base will be upset and you

cannot try him in a civilian court because the country doesn't want it, congress will not allow it and politically it will be devastating for the president, who is playing politics here? but the government trying to not make a decision that will upset anybody and they do nothing, the worst kind of politics and is politicizing the justice department on terrorism cases. >> gregg: arguably politically spineless but i probably shouldn't go there. in a civilian court, they are not able to use evidence obtained under conversion and forbidden to use evidence without a warrant or mirandizing the suspect, and, that is the majority of evidence against khalid sheikh mohammed and is it possible the attorney general and president of the u.s., both of whom are lawyers didn't fully understand that? >> well, we don't know the full stents of the evidence. as you say, he has confessed and it may not be admissible because of the water boarding,

supposedly he was waterboarded 183 times, but, on the other hand, it's not vabout the effor, and the outcome of the trial, the police commissioner of new york city said it would make new york city another target for terrorist attacks and they always want to come here and it will make them want to come here more and the city calculated the costs might be $200 million a year for security. >> gregg: beyond that the worry is ksm could conceivably go free, and there are two ways to do that. if he's a civilian defendant as holder claims a federal judge might decide his right to a speedy trial has been violated and, you know, a here by order him released. the second way is, the supreme court has ruled that if the government treats a defendant in a way that, quote, shocks the conscience, the terminology, the high court used, a federal judge

is entitled to dismiss the case and as you point out, water boarding was done here and that may qualify and ksm could be set free on that basis, as well. can you imagine the fallout if that happens? >> right, i think those are possibilities, but, they are not likely. i do believe, ultimately, he can be held under the rules of war, indefinitely and i believe that is what the government is opting to do, because it doesn't want to fwas tace the other two optia military or civilian trial, i believe and most people believe, he should be put before a military commission where he has rights as a defendant but not the constitutional rights that we guarantee in civilian court and some of the rules of evidence are different. that to me has always been the right option and the one president bush started as you said and obama cancelled when he took office and that was a great mistake because here we are almost two years later and they

haven't made a decision that they can stand by. >> gregg: amazing. michael goodwin, thanks for being with us. >> my pleasure. >> julie: a city block going up in flames in indiana, gutting 6 businesses and 27 apartments in the town square. officials saying the fire started apparently in an old bank building and quickly spread and residents were stunned by the devastation that followed. >> definitely a tragic thing, and, huge for this town. >> it is sad to see all the history go up in smoke and i know, you know, sometimes it goes and sometimes it don't but it is sad to see it go. >> julie: amazingly, no deaths or injuries have been reported. that's the good news and the red cross and local churches opened shelters for those who lost their homes in the fire. >> gregg: congress getting back to work tomorrow and the burning question for many americans, what will they do about our tax cuts? we'll tell you what the president's top advisor is

saying about that. >> julie: when was the last time you stayed at holiday inn. >> julie: the iconic hotel chain is investing in a makeover. ♪ ♪ ♪ [ upbeat instrumental ] [ rattling ] [ gasps ] [ rattling ] [ laughing ] [ announcer ] close enough just isn't good ough. - if your car is in an accident, - [ laughing continu ] make sure it's repaired with the right replacement parts. take the scary out of life with travelers. call or click now for an agent or quote.

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[pop] lipstick two pills a day is what it takes to stay alive if you're hiv positive. those pills cost about forty cents a day. lunch bag [pop] >> julie: the bottom of the hour, time for the top of the news now, an explosion at a turrist hotel in a consent, killing 6 people an injuring 20 others and an investigation is underway and initial indication asking you it was a gas leak which ignited. >> gregg: the military releasing a taliban training and recruiting videotape featuring bertz than usual production values, there it is, calling for funding from the gulf states and southwest asia.

>> julie: a british couple free after more than a year of captivity at the hands of somali pirates. paul and rachel chandler saying they are happy to be alive, and among decent, every day people, i'm quoting, instead of criminals. >> gregg: capitol hill is certainly gearing up for a major battle over the expiring bush tax cuts, as congress returns for that lame duck session. tomorrow. democrats and republican laying out the respective positions today, the outcome of the fight set to affect, well, every american in their pocketbook. julie kirtz has more on the story from washington. >> reporter: time is running out on the bush era tax cuts and this is the number one issue, the lame conduct congress and the president will tackle. mr. obama meets with republican and democratic leaders, this week, to start the process. top white house advisor david axelrod refusing to reveal the president's hand. >> i will not negotiate with you on this program. >> reporter: on fox news sunday, walking back from earlier

comments the president was ready to give in, axelrod insisting the white house has not changed its position against a permanent extension of cuts for upper income taxpayers. but, he refused to rule out a temporary one. >> i've heard many different variations discussed over the last week, publicly. i've heard a variety of ideas surfaced publicly, by various members of congress and others, and, we're looking forward to getting together, with the leaders of both parties in congress. >> reporter: if they don't hammer out a deal, and, do let the tax cuts expire, the bottom tax rate will jump from 10 to 15%, and the top rate, jumped to 39. 6% from 35% and, senator jim demint sounding ready to deal on a two or three year extension of cuts for wealthy americans. >> if that is all we can get out of the president he's the president, so, we'll work with him on that, but i hope he

doesn't come back with the idea that, we're going to raise taxes on 750,000 small businesses, as he has been talking about. i think if he can work on our side of the ledger, i think we maybe can work together. >> reporter: it sounds like a compromise, may be worked out in washington, with neither side eager to tell americans in this economy, their paychecks are sliced because their taxes are going up next year. gregg? >> gregg: julie kirtz in washington, thank. >> julie: the recession hit many hotels hard, business, leisure and convention travel cutbacks meaning fewer rooms being sold and a massive makeover is helping holiday inn buck the trend. phil keating has the story. >> reporter: for every traveller making a new reservation at a holiday inn... >> we have gotten rid of the floral bed expressed and replaced with clean, white triple sheeting. >> reporter: she predicts a knew spencer with better hours an baths and contemporary signs and

spotless service. >> the brand had begun to lose its way in the '70s, we were in our heyday. >> reporter: the decades since, holiday inn had often become less of a holiday and more of a no-frills, night on the road. featuring run down and tiny bathrooms, and stained amenities and overall sense of outdated and holiday inn launched a $1 billion worldwide upgraded makeover, despite a recession. the result... holiday inn's owner, intercontinental hotels group reports just released third quarter profits, rose 54%, led by the thousands of new and improved holiday inns. >> revenue increased at all the properties they've done. they have been able to increase their share of the market and many -- in many locations. >> reporter: hotels surveys guests say what matters most absolutely is cleanliness. swimming pools are crucial for leisure travellers and fitness rooms for the business set and everyone wants... a quality bed.

holiday inn spotlighted each area with a one word goal. quality. >> we know that smart brands invest in tough times and that those brands who have invested in those tough times have actually been able to perform. >> reporter: and, the once languishing iconic american brand appears to be proving just that. in miami, phil keating, fox news. >> gregg: interesting. i love holiday inns. i've stayed in quite a few. >> julie: we used to stay in those when we drove from florida to connecticut, we did that and, they'd drag us on the 21 hour drive. >> gregg: up and down 95. >> julie: the holiday inn express always offered great deals. >> gregg: a makeover. how would you like your local police chief looking at photographs of you on facebook? if a friend or a friend of a friend applies with a job for the department, the cops could get access to your personal information. our legal panel weighing in. ♪ ♪

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>> julie: a deputy sheriff finding himself on the other i'd of the law, again -- side of the law again, busted while driving drunk. and, take a look, it was caught on dashcam vehicle, happening in new mexico. it shows the deputy, dellfred murphy, driving erratically and goes to a gas station an fills up his front tire with air and apparently they tried to get them to walk a straight line and he clearly failed. and that is when officers approached him and asked him to take the sobriety test and his blood alcohol level was twice the illegal limit and they cuffed him and cops found open and unopened beer cans in his car. >> can't believe that. can't believe he did that. >> julie: the sheriff says he

served a year long rehab program after his first dwi arrest in 2007, after the second offense he stepped down, the sheriff. >> gregg: the long aren't of the law might be getting longer as police agencies turn to the internet, to search for new recruits. a recent article in u.s.a. reveals how deep law informant agencies are digging to screen potential employees, those background checks could involve peeking into an applicant's social network such as facebook, my space and twitter and agencies might even go so far as to ask the job seeker to provide the private password, the text messages and e-mails, is that legal, can they really do that? how far should a police agency go, in vetting candidates for public safety jobs, let's ask our legal panel, lis weihl, form federal prosecutor who shares my office, and, paul cowan, who doesn't -- a professor of media

law, in seton hall, and often has me down to speak to his class and i do. can they make you hand over your password, and, waiving your legal rights a condition of employment. >> this is a really interesting issue and shows how technology seems to be out stripping the law, and who would have thought about this in the past? i think probably they can right now, ask such kinds of questions. there is no clear statute that prohibits it. but should they be able to ask these questions? i have a real problem with it and i think it is a major privacy violation unless you do homeland security or terrorism where, to give up your password... >> gregg: lis. >> absolutely not. you are applying to be a police officer, a security person, somebody that is in control of our rights? i want to know everything about intern and when i was a federal prosecutor, before i got the job they did a background clearance and talked to kindergarten

teachers and talked to everybody. >> gregg: wow and you still got hired. >> you know what? >> gregg: amazing. >> the d in kindergarten didn't help. >> did they go to your house to see if you are a good housekeeper and keep a neat house? because, here what they are asking -- >> our office, gregg could weigh in on that! >> gregg: here -- >> it is denver, they are trying to get almost into your house, if you -- >> as they should. >> young police recruits, these guys are writing speeding tickets, not like you, lis, prosecuting terrorists -- >> and will go from there to -- other things. >> let me finish, should you allow as a part of the vetting process, for them to go into your facebook account, e-mail account. >> yes. >> e-mail account. how would you like -- >> law firms -- >> if your e-mail -- >> law firms, looking to employ associates -- >> gregg: that is out for everybody to see. >> i run a law firm and never in a million years -- >> you should.

>> ask my attorneys -- >> what are they afraid of? >> you want their personal correspondence. >> frankly, if you are stupid enough to put stuff on e-mail an facebook, you don't think -- >> gregg: let me cut in here, we are talking about not just examining what is out there, anybody can google you and see what is out there. we are talking here about asking for sort of secret stuff. your password that allows this prospective superiors to get -- >> which would be called references. >> gregg: how do you figure na. >> you have spoken with those people and have communication with -- >> that is not what is going on here. they looking at your facebook account and say we want the password to see everything that is in there. >> and you know what they found in these cases, applicants were -- with -- maple applicants with scantily dressed women posted and applicants who posted racist comments, not to -- >> gregg: here's what i worry

about, paul. extortion. because criminals and defense attorneys and a realize that is redundant... might use that information as they gain access to it, somehow. can use to it extort police and they could use it in a court of law as impeachment testimony. >> you are onto something there and when i started at a young prosecutor, i always thought it was like a thin line between the police sometimes and the people they were prosecuting. they both sometimes came out of the same backgrounds, tough street backgrounds and one guy became a cop and the other guy took the wrong turn and you want to go after him and say he cannot go into law enforcement. >> it's not going after him, it is saying -- i don't want to be stuck with him five down the road -- >> tell me the person person who will give out parking tickets in your lawn, l town, lis -- >> it is more than parking

tickets -- >> through the ranks -- >> five years ago, you posted this x, y and z, and it is yours forever. >> gregg: let me post this question here. let's assume a white cop arrests a black suspect, all right? and, somehow the defense attorney is able to gain access to a social networking site, in which the white cop has uttered racial comments. >> maybe when he was -- >> gregg: i can higher judge say that is admissible evidence. >> absolutely. >> gregg: goes to impeaching the credibility of the officer who made the arrest on a racial basis. >> and i think -- please, let me finish for once. >> say ---ed . >> we are not in -- we don't live in a perfect world. none of us have perfect pasts, exempt, maybe lis, but, if you get into facebook, go into people's personal e-mail accounts, unrestricted access, you will find somebody said something stupid somebody did something stupid. and don't deprive them of a job because of that. >> aren't we talking with teachers, as well as with law

enforcement officers, judgment. isn't that really what we are -- >> a lot had no judgment when they were 17 and 18 and the kids i teach at seton hall, the stuff they put on facebook, i'm ready to -- it is stupid, but do i want to deprive them of a job in the future because it is stupid. >> gregg: i have to call it quits on this. >> privacy -- >> gregg: i'm not sure there is a real answer, there are a lot of vexing questions here, and do you bet a judge will have to decide this, maybe the supreme court, thanks, paul cowan. you guys... >> we love each other. >> gregg: you don't seem like you do. >> you never have to worry about that. >> friends on facebook. >> gregg: my only friend! >> julie: we're getting the hard wrap, we have to go. they actually like each other, by the way. all right, smokers making the switch from real cigarettes, to electronic cigarettes, and, satisfying cravings without the tobacco.

are they safe? a study you have to hear about before you light up, next.

>> gregg: smokers trying to kick the habit are increasingly turning to a substitute electronic cigarette, the e-cigarette and they run on batteries and contain no tobacco and julie tried one, what a couple of hours ago. >> julie: i did not! i had a makeup artist who

happened to have one, i was curious and i did try a puff -- >> gregg: you did. >> julie: you are calling me out on national t.v. there is a new study that says if the e-gecigarettes may pose dangers of their own, and, medical "a"-teamer, dr. marc siegel. i'm not a smoker but i wanted to test it and one of my makeup artists is trying to quit smoking and figures that nick teen is the lesser of two evils, between nicotine and smoke which causes cancer and, is it not a better alternative if you cannot kick the habit. >> not yet, it has been around since '03 and invented in china and they are having trouble regulating quality on it. so it is always the same thing and the fda is concerned about that. they called it a medical device and fought that in court and now it is a medical device, still and they can regulate it and put out warnings to five companies already, saying, the amount of nicotine in this is variable and

in one instance they found anti-freeze in it and found nytrosimines which are carcinogens and nicotine itself is not cancer-causing, less harmful than tar but it causes cardiac stimulation and high blood pressure and heart rate and can precipitate a heart attack and has been associated with stomach cancer and is not affecting the lung but it is addictive and how do you get off the product, it is oral like a cigarette and how will you stop using it? as a transition item i love the idea and i think it may be better than patches and gums because it feels like a cigarette, they have to get it under control. >> gregg: they are banned in several countries but not the u.s. >> finland, norway, netherlands, canada banned it and the u.s., the fda is take a hard look at it. in '09 they looked at it and found too much variation, it is a new product and the fda is

right to be taking a hard look at it. it es subject to regulation. not exactly banned. >> julie: and e-cigarettes are only to be used in the short-term and if you have one trying to quit, would you say say use it only in the short-term. >> i love the idea but not yet. it is a battery operated device and i want to see quality control and things people are buying over the internet, not always the same product. i see it as long-term potential but now wouldn't recommend it. >> julie: they are not cheap, either. several hundred dollars. >> one of these internet items which has a long term potential and now i wouldn't recommend it to any of my patients. believe it or not, cold turkey is the best way to quit but i like some of the nicotine products and i use chantix and wellbutrin with other people. >> julie: and i know someone who chantix worked for. >> julie: fox news sunday is up next and i'll see you on the fox report in an hour. >> julie: have a good weekend. >> julie: you, too, my friend, i

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