>> 49.99, great christmas gift. perfect for guy, men's health is added to some of the exercises in there. it's great. >> brian: the texans on sunday, you won two back to back overtime games. they just had their heart broken in the last seconds. what do you think? >> i know they're a tough team and matt shaub will have them ready to play. we're excited for another home game. >> brian: we guarantee a victory. >> gretchen: thank you for joining us today. thanks for eric for filling in. we'll see you all tomorrow. take care. first, republicans wanted nancy pelosi fired and now some members of her own party getting in on the same action. several democrats, turning on their speaker, saying she should not be their leader in the next congress, so the battle begins thoon front. where does this go, huh? good morning, i'm ibm hemmer, welcome to "america's newsroom". martha: welcome back, bill hemmer, very nice to see you this morning. i'm martha mccall.

heath schuller, making a name for himself these days, taking on nancy pelosi. bill: he's a moderate democrat, one of the blue dog, explaining his decision to run for minority leader this way: >> we had hope that she would step down, and would allow steny hoyer, james clyburn, to be able to hold the top two seats but that did not happen. >> steve centanni is in washington, what's motivating heath shuler? >> reporter: the big election lerks returns, he feels there needs to be changes on capitol hill, shuler saying he's making good on his promise to challenge nancy pelosi, said he had a good relationship with her all along and said wee be direct with her and she needs someone to tell her she shouldn't run and just what she thinks she wants to hear. >> 54 percent of the

democrats in this country feel we should move in a moderate deks so i'm representing -- direction so i'm represent thank portion of the party and the entire party to move our country forward and move our party forward, but it's a principle thing. i mean, when you say you're going to do something, you stand behind what you say and i said he would contest this race and i will. >> it's largely symbolic, shuler saying bms need a bigger tent, more moderates, not just a liberal base that pelosi represents bill. bill: what is likely to happen here? >> reporter: as i said, shuler's challenge to pell palestinian is basically symbolic because we think nancy pelosi put herself in the running because she knows she has the support and the votes and she's likely to be the next minority leader, the leadership election is tomorrow and we'll find out then but some say it was her combative style and so-called hyper partisanship that got democrats into this mess in the first place and

walt minnick says pelosi is the public face of that hyper partisanship and if people want problems solved we need to bridge that partisan divide. bill: that's one to watch. thank you. steve centanni leading our coverage. martha: shuler, not the only democrat sounding off against pelosi, a parting blue dog speaking out, idaho's walt minnick lost his house seat even though he voted against health care and cap and trade, he said shuler runs against pelosi is a good thing, adding democrats need a, quote, fresh start, not to quote hyper partisanship, the outgoing speaker represents. >> people did not like the direction the country was going, it brought stress in their own life and they took it out on democrats, regardless of how those dems voted and i -- democrats voted and i voted conservative and people

liked me but not my party and two more m -- years for minnics is two more years for pelosi. i don't want to comment on my comments to the speaker but my view is certainly that the democratic party would be better off if we pick a new leader and could start fresh, someone who didn't have the history of being quite as combative. martha: he's not mincing words, is he? coming up next hour on "america's newsroom", the republican who ousted minnick, congressman-elect labrador will join us. retriever! bill: no dogs, right? or blue dogs, if you want them. charlie rangel trial, the hearing is getting underway at the moment, that hearing room is empty because the committee is meeting behind closed doors. rangel walked out of yesterday's proceedings after a bit of a tirade over his inability to get an attorney. the panel denied his request

for a postponement. here's what rangel had to say on his way out the door. >> have you -- >>gen principle audible] >> have you been following it? >> i don't have any thoughts. >> is it true about you having a lawyer, sir? bill: the new york democrat stands accused of 13 counts of financial and fundraising misconduct. so many stories in washington. i mean, elections have consequences, right? and we're see sog many of them play out now. as soon as the public hearing resumes, we'll bring it to you live, you can watch it as it unfolds on foxnews.com, we have that streaming live throughout the morning. martha: all right. this is just coming in. we have a brand new government report that's painting a very bleak economic picture, unfortunately. it says the recent foreclosure fee fiasco, not the only problem for homeowners out there. it could also threaten the health of our country's financial system and the

underpinnings of it. here now is stuart varney, host of varney & company on the fox business network. where's the bottom in this thing, anyway? >> today you're going to see beat up on the bankers big time. it's going to happen today, two leading bankers in the foreclosure arena, one from bank of america, one from chase home lending, they'll be dragged before congress, and as you say, martha, there is this report, it's from the congressional oversight panel that's usually really, really -- that's using really, really harsh language. this is what the politicians are throwing at bankers, the foreclosure problems could cause the housing market to collapse. collapse is their word. they're talking about a severe threat on the entire financial system. they're really talking about a worst case scenario here and at issue is who owns these homes. they've been foreclosed upon, who actually owns them and who owns the mortgages on those homes. you've got this huge paperwork mess, so the actual ownership of these

homes is in question, how far it goes, that is the key to how severe an impact it has on the system. martha: it's a bureaucratic nightmare, stuart. >> it is. martha: how do you foresee them figuring all this out? >> well, you can't work through this just like that. you can't waive a imagine -- wave a major wand and have the paperwork problems go away. you've got to take it case by case. that means the foreclosure, it's not a moratorium, but the slowdown will be drawn out, which means that the foreclosure process is going to slow down. people in foreclosed homes will stay in them longer, but at some point when it's worked through, you're going to have literally hundreds of thousands of foreclosed homes dumped on the market. the result will be a sharp drop in housing prices, all over again. that's the crisis that they're talking about in the long term. martha: wow. that's quite a story. stuart, thank you. stuart varney of the fox business network, coming up just a few minutes from now

over there at fbn, thank you stuart. bill: here is manager to consider, too, every time you see a foreclosure sign you may want to hold on to your wallet, financial experts telling fox news that the struggles over at fannie mae and freddie mac already top $300 billion could reach $500 billion when it's all said and done. that's because fannie and freddie control the lion's share of the entire mortgage market in america and you the taxpayer now on the hook because the feds stepped in to rescue both at the height of the mortgage meltdown. watch that story. it's breaking again this morning here. martha. martha: it is just weeks to go now before many of our taxes could spike. january 1, right? so there are many different deals that are being floated out there over how to deal with the situation of the bush tax cuts. so how is this really going to play out? guess who's here to talk about that? mr. lou dobbs joins us. bill: also have you flown lately? your security versus your privacy. what janet napolitano is now

saying about the airport safety measures. is it the right response? martha: you know how much i love bull fighting stories. a scare in the stands. check that out! that bull is too close for anybody's comfort. unbelievable, the power of these animals. unbelievable. we'll be right back.

bill: we're looking again at the bush tax cuts, their on the agenda when both parties meet with the the -- at the white house this thursday, but whether or not a compromise can be reached on a lame duck session, that's a different matter. republicans hold firm on new new taxes but there are democrats that remain undecided on what to do. expiration is december 31st.

here is retiring democratic senator bayh iron dorgan out of north dakota: >> i do hope that those who decide to affix labels to various positions might well understand that to borrow the substantial portion of money to provide tax cuts when the country is up to its neck in debt is not a conservative position. it just is not. and to suggest that we have fewer extensions of tax cuts for the upper income people so that we don't borrow money to add to the federal debt, that is not a liberal position. it just is not. bill: what did he say there? i want to bring in the fox business network's lou dobbs. how you doing lou? good morning to you, and officially -- doing well, bill. bill: welcome on board. where's this debate going to go, how does it end up in the next month and a half? >> well, the debate should be concluded on november 2nd, the american people voted, and sent a very loud and clear signal, bill, as you well know, to congress, start representing

the will of the people. and start acting responsibly this is not a time to raise taxes in any way, and this will be -- will move from the bush tax cuts to the obama tax increases within the space of 24 hours from december 31st to january january 1st. he does not want this as part of his legacy. just the devastation that would result to the economy. bill: when it comes to compromise, you got people like chuck schumer saying let's take it to a million, we'll bump it up from $250,000 to a million dollars, everybody over a million bucks, you don't get a tax break. is that a de that republicans would be satisfied with? >> i can't imagine t. bill. the initial bargaining position, if you'll recall, on the part of this president was they're going to expire, there will be no quarter given, and much of the democratic leadership in congress. the fact is the economy right now is in a fragile

recovery. and that may be overstating the strength of it. to permit tax increases on january 1st will simply be disastrous. senator schumer's idea of taking it to a million dollars is gamesmanship or perhaps satisfies some constituency that wants to have a class warfare. there isn't enough money to affect the health of the economy in that bracket as a result of tax increases that would be placed on then. these are static numbers. i'm sorry. bi-bin laden i just think ultimately this debate goes strike a ping pong down to the white house. david axelrod was on fox news sunday talking about this very thing and let me play what he said, and i think the driving issue in all of this is whether the presidento what is the president willing to do. here's david axelrod from sunday. >> he is eager to sit down and talk about where we go

from here, but the important thing is that we get something done in the next few weeks so that on january 1st, people wake up with security that their taxes are not going to go up. we cannot afford to go the additional step and permanently raise -- and permanently cut taxes, primarily for millionaires and billionaires, at a cost of $700 billion for the next ten years alone. bill: so when leading democrats go to the white house on thursday they're going to want to know where the president's head is on this. >> yes, and we've had an issue, mixed signals out of the white house on the issue, but there should nobody lack of clarity about one thing, and that is that it's not about what the president is willing to do. it is about what political pain he's willing to suffer and the democratic leadership in congress is willing to suffer in 2012 if they raise these taxes. the $700 billion number, bill, by the way, is a static number, as they say

in washington, in scoring these things. it doesn't take into account what that money in the hands of the private sector, workers, and taxpayers, have -- the impact it has on the broader economy, the multiplier effect. it's substantial. as a matter of fact, you could argue that the tax cuts enacted under jfk, under ronald reagan, actually generated more income for the federal government, more revenue, than they took away. and that's not even part of the discussion. there's going to be a meeting thursday. bill: do you think the president blinks on this? >> well, i think if he has any political sensibility at all, if he has any sense of responsibility for the economic well being of this country, he has -- i wouldn't even characterize it as blink. he has every responsibility to move to the appropriate position, which is at this

point, is do no harm, to allow these tax cuts expire, to make them the obama tax increases instead would just be utterly gir responsible. bill: you know where he's been on this, going back two years even as a candidate, then senator obama said forget about it, anybody making over $250,000 a year, you're going to pay a little more. we'll see where the debate goes later in the week. last comment, lou. >> i think this president is showing early signs of adaptibility and moving up the learning curve, and i would give him credit for changing his position, because he has new information and new circumstances and a very, very serious responsibility. bill: thank you lou for coming in out of florida, lou dobbs. we'll see new new york real soon, right? member of our team officially at fox news. martha. martha: we welcome him here. how about this? it has been eight years since they've started dating but prince william has finally popped the question. get ready for royal wedding

mania, the next generation, folks. bill: going to be huge. martha: here we go. and a new book reveals how it all really happened. bill: also, should airline security trump public opinion? the viral video sparking a national debate over the patdown. >> hand on your inner thigh, two times in the front and two times in the back. >> you touch my junk i'm going to have you arrested.

bill: we are two full weeks after the legs and still

counting votes and alaska's senate race, write-in candidate lisa murkowski currently in the lead, she's about 1700 votes ahead of the tea party favorite joe miller. there's a dispute over how some of the ballots were filled out and state election law requires voters to fill out an oval and spell out a candidate's name when voting for a write-in candidate. the state's been using discretion when counting those ballots. remember, voter intent line? miller is suing to force the state to follow the law. >> ♪ >> ♪ >> going to the chapel and we're -- gonna get married. >> ♪ >> ♪ martha: ready for this folks? it is official. prince william, second in line to the british thrown, is -- throne, is getting married, maybe this spring or summer. a, quote, delighted royal family announcing the engagement of prince william and his long time love kate

middleton. the prince asked for her hand last month while vacationing in kenya. he asked her dad for his opinion and he said yeah, okay, he was good with that, so that's good news and it's a spring or summer wedding, we're not going to wait around for this, is in the work. greg palkot is joining us from a place where they're happy about this news today, buckingham palace. >> we're outside buckingham palace not far from the royal offices where the announcement was made that prince william, second in line to the throne, son of prince charles, first in line to the throne, also son of the late princess diana is engaged or married to kate middleton. it will be happening next spring or summer and it is long awaited, about eight years they've been going together. he and kate middleton. in fact, ms. middleton getting the slogan of wikitiki among the media here but apparently she said

yes when the question was popped. both are 28, both very well liked in the media, her sense of style, her, quote, common upbringing, even though her parents are millionaires, making many think of the late princess diana. the queen had to say yes, she said yes, she's absolutely delighted, the prime minister said he was happy, too, so the mayor of london -- so did the mayor of london. my favorite comment came from the ambassador to the u.k. most thought it would happen in 2012, all bets were literally off for 2011, all bets were literally off for any other year, quoting 2012 would be the queen's diamond jubilee, also the olympic year. it seemed like 2011 was in fact the year. the final note here, martha, is that they will be living after the wedding near where he is, and raf, royal air force helicopter search and rescue. i don't think they'll be

living in the barracks. certainly they have their eyes on the prize behind you. martha: indeed i bet they do and a nice spot in wales that they apparently spend time in these days. greg palkot, exciting stuff, thank you for that report this morning. we're going to talk more about this with paul borell, who was the butler to princess diana and he has a few thoughts on this as well. bill: when is the ceremony? martha: they haven't announced it yet, it is at saint george's chapel, likely, but not as saint paul, which is where diane and charles got married. bill: that's the big, big church. but the other two are more than just a chapel, huh? >> martha: they'll be able to fit all their closest friends and relatives in there. bill: we wish them a lot of luck. martha: good luck to them. bill: how much watched diana's weding in 1981? mafer marioo martha: this amazed me. i had seen the number before, but 750 million people. what does the super bowl

get? bill: that was like before rock and roll cable news. martha: you had to actually get up and watch it live. an average super bowl is how many? >> bill: about a billion. that's what the lease says, anyway. i don't know how they actually survey that. martha: who might be more interested in a royal wedding than a super bowl! bill: i know where your heart is, too! it could be the big break, the family of natalee holloway has been waiting for. what was found on the beach that gives investigators new hope for answers to that young lady's life? martha: that's some story. plus washington apparently does think a little differently than the rest of us, a new internet poll, a survey, really, of some d.c. insiders shows a really interesting divide between what people there, the elites, so-called, think about the mid-term results, how they're processing all this. we'll have a fair and balanced debate, straight ahead on a foggy morning around the capitol. >> it's almost as if they

didn't just get the message from the voters this election.

bill: top story, 9:31 in new york, dutch authorities examining a bone frogment on a beach in florida to examine whether it's -- whether it's relate to natalee holloway. prosecutors say they will announce the results when the testing with dna is

finished. >> from shanghai now, welders suspected of starting a high rise fire that killed at least 53 people, that building, about 26 stories tall, more than 70 others hospitalized. shanghai. martha: well, there is a new internet survey out there this morning that says, surprise surprise, washington elites, a little bit out of touch with what voters across the nation are thinking about what's going on in our country, according to this -- to this unscientific survey, more than half of d.c. elites, quote, they judge that by education and by salary, say that the message that americans were sending in the midterms really was that they disapproved of washington as a whole rather than any referendum on democrats or the president, according to those folks. let's bring in doug schoen, run thank polling group, he's not affiliated with it anymore, he was a pollster to bill clinton and is a fox

news crib to, also brad blakeman is with us, former deputy assistant to president george w. bush. always good to see both of you. >> good morning. martha: doug, any surprise? basically the content of this survey shows that washington elites don't think much of the midterm elections, the tea party, or sarah palin, basically. >> well, and i think that this is proof positive that washington elites are absolutely out of touch, because the midterm elections were a repudiation of the democratic party and the administration, they were a ratification of much if not all of what the tea party movement was saying and if sarah palin had any impact or result on the election it was to see her stature enhanced, given the success of the candidates she endorsed around the country. martha: i want to sort of take these things one at a time. let's go up the exit polls from election night, brad, and take a look at those. this gaveas pretty good

indication of where the tea party movement breaks down, this is the fox news exit poll, 41 percent said they supported the tea party movement, 30 percent oppose, 24 percent said they were neutral, but it was really interesting, brad, because when you look at what people cared about a lot of them came in saying smaller government, things along those lines which are clearly tea party philosophies and now you've got mitch mcconnell saying you know what, i've heard what's going on out there, no more earmarks so the tea party is having an influence on washington. >> absolutely. if you don't want to align yourself with the tea party and call yourself a tea party supporter you certainly are in line with what they believe in, that's smaller government, spending as you go, and spending what you have to spend, saving where you can. those should be universal issues but it took the tea party to wake up america. so i think the tea party embraces republican values and look, martha, the tea party isn't a party. they supported republican candidates who are now serving as republicans, what

republicans need to do is let the tea party back within their tent because the principles are in keeping with republican philosophy and move forward with the agenda that the father was so inspirational for in bringing america together. martha: let me stay with you for a minute brad. lisa murkowski, we all have been watching this heated battle for the senate seat and it sounds like it's a heated battle between lisa murkowski and sarah palin as well, mur cow -- murkowski said she doesn't think sarah palin likes governing, she says she doesn't think she has the intellectual capacity or something along those lines to govern and be a leader. this is a gop versus tea party conservative, two conservatives going at this. >> absolutely. and this is a long language feud, this is the hatfield and mccoys of alaska and if murkowski does pull it out she's going to have to live with sarah palin because sarah palin is a voice within the republican party. she's not the voice but she's certainly somebody

welcomed around the country because of those values and those values are in keeping with republican core principles of republican responsibility. martha: sarah palin has this really beautifully done special that's on tlc, i caught some of it the other night, it's a beautiful look at alaska, for one thing, and it's going to get a lot of attention, the ratings were huge for this thing, the best i think tlc has ever had. 77 percent of these elites think she has a negative influence on this process. >> wecialtion that's not the feeling at the grassroots, it's certainly not the feeling of those who are watching the tlc special. if you looked at states like delaware and kentucky and nevada where her choice was ratified as the republican nominee and in the case of kentucky, the newly elected senator, i think it's pretty clear the tea party and sarah palin had great success. we're going to hear more from her as 2012 approaches,

that's for sure. martha: real quickly, bratd, interesting story saying that gop candidates have not declared for the presidency and last time around mccain was already in. the speculation is that everybody is waiting to see what sarah palin will decide. >> well, i don't think it's only sarah palin. i think after this election and the seat change we've seen in government they're waiting for the dust to settle in washington and see if the republican party can come together. right now we need some time to come together as a party. remembering that the tea party is the republican party, because they didn't run as independents. so i think once the dust settles in washington around springtime, early minister, you will see 2012, as far as the republicans, are going to be robustly started with many candidates running. martha: we're going to have fun with that, brad, doug, always good to see you gentlemen, thank you. >> thank you. bill: he is accused of kidnapping a 13-year-old girl and keeping her tied and and gagged in a basement. he faces a judge in ohio. we still do not know what happened to the rest of the

girl's family. rick leventhal live in mount vernon, ohio. first on the investigation, the latest on where that stands this morning is where? >> reporter: well, bill, we're in a park that's very close to the home of matthew hoffman where police say they found that 13-year-old in his basement. hoffman apparently used to spend a lot of time in this park and that's why they've been searching here as well, locals trying to scour the fields and water, and divers went into 86 acres of lakes and pulled two cars out of the water but they don't believe those vehicles are related to these missing people. again, the missing, tina herman, 32, mother of that little girl, the girl's brother, cody, still missing, and a friend, stephanie spring, who is 41. none has been seen since last wednesday, although a lot of blood was found in the family home and police say the evidence points to the possibility these three may in fact be dead, stephanie's father says he's not giving up hope. >> i know this, the time frame has been long between

when they've disappeared, but we have hope that we will see our loved ones soon >> reporter: and bill, the search continues for those three today. bill: heartbreaking. what more do we know about this suspect rick? >> reporter: matthew hoffman is described as a real weirdo by some of his neighbors, apparently started acting very long more strangely lately, burning fires in his yard, sitting on his roof or trees, watching his neighbor, possibly killing small animals. we know he did prison time in colorado, he has a criminal record dating back ten years for arson, burglary, car theft. he got out on parole, came back to the ohio area and neighbors say recently began setting traps in his yard. listen: >> he was killing the squirrels, like he was eating the squirrels, he was catching them outside in the trap and eating them. and it was suspected that he had killed both of the family dogs.

>> reporter: hoffman has a bond hearing this afternoon, bill, facing kidnapping charges, but may soon be charged with much more. bill: that's an awful story. rick leventhal, mount vernon, ohio, central part of the state there. twenty-one minutes before the hour. martha. martha: homeland security chief janet napolitano reacting to this heated debate that is going on out there over airport patdowns, saying the feds will listen to passengers' gripes. but what's more important? our security or convenience? this is a hot one. bill: this is no bull, martha. this huge animal, up and over! and way too close for comfort. the rest of it, in a moment, coming up here on "america's newsroom".

martha: we want to bring

thank you fox news alert from ohio state university where there is a bomb threat underway. they have cleared a number of buildings, they evacuated several buildings after this bomb threat came in and they're going to stay that way until they can sweep through the buildings. they're telling students to stay away from the campus buildings, include the thomson library, smith lab, all evacuated. they sent out text messages to students at 9:00 as they received this bomb threat and are going to check it out and make sure that there is not a problem. but some concerns on the campus of ohio state university this morning. as soon as we get more information on this developing news story this morning, we will bring it to you. bill: in the meantime there is controversy as you know growing over airport security measures, and passengers calling the full body scanners and patdowns downright invasive. now the woman charged with keeping the homeland safe is saying this about that: >> it would be unwise to say

the least irresponsible of us at the tsa, at the homeland security department, not to evolve our technology, to match the changing threat environment that we inhabit. >> if there are adjustments we need to make to these procedures as we move forward, we have an open ear, we will listen, but it's all being done as part of our joint security effort. look, everybody has a role to play. that's what see something say something is about. bill: should we care about passenger gripes or just care about airplane security? k.t. mcfarland is with me now and good morning to you. a lot of people are talking this way, striking the balance between personal private and security. >> that's totally legitimate but my problem with it is not even that, it's that this isn't security. what this is, they're always talking about the generals, they never fight the last war, in homeland security, what the body scanners, it's

the last war. al-qaeda constantly adapts, and particularly in the airline industry. so they started by hijacking planes, september 11 they, we dealt with that. bill: locked the doors, made sure the boxcutters didn't get on board. >> then they started putting it on shoes and cargo. >> so we take off our shoes. >> we take off our shoes. bill: we're not screening cargo. >> we're not screening cargo and that's the scary part and these bystanders don't do a thing about screening considering oavment what we saw last month was al-qaeda doing a dry run with those packages, ups packages, that were on cargo aircraft. we do not scan all cargo aircraft. we scan some. and as intelligence people told me the only way to be really sure is to hand screen every one of those packages. now, what would that do to the whole way we deliver goods in this country? bill you make an interesting point, you're saying the homeland security is behind the curve. >> way behind the curve. bill: what should they be doing as opposed to the debates about patdowns and

x-rays that see through your skin? >> it's beside the point. if we've got smart people, don't put them on body scanners, put them to work on how to protect considering oarks either cargo that gets put on aircraft designed to be did the nated over cities and large urban areas or cargo that is shipped by ups, other cashiers, and is put on civilian aircraft, where passengers are. that's where the next problem is going to be. and al-qaeda is just doing a dry run. bill: why don't we get that? >> i don't know. generals -- they're fighting the last war. we need to be proactive and think ahead of al-qaeda because they've shown themselves to be resilient, adaptable. we close off one area like hijackers, they go to another area, we close off commercial aircraft with civilian passengers, they go to cargo aircraft. what we need to do is be a step ahead, but we're not. bill: i understand your argument. that is the legitimate debate, but what about the concerns that we're hearing from airports across the

country now, what do we do about the patdowns and claims of invasiveness for people going through airport security? >> here's the problem. bill: your solution on that as well. >> here's the problem with the body scanners, what they don't detect is stuff that's inside people, what they don't detect is -- there's a whole lot they don't detect, for example the underwear bomber, it's unclear whether that would be detected. bill: you don't think so. we would have had a better chance. >> we would have had a better chance but where are they getting on the aircraft? they're not getting on in cleveland, minneapolis. they're getting on in other parts of the europe. are the europeans having body scanners? no, they're not. again, we need to think through, not just throw money on it and react to the situation we have, but we need to think ahead. bill: one more point, does it do us much good when we tell the world that 16-inch toner scanners are no -- or printing scanners are no longer allowed on board a cargo plane? >> again, that's a -- >> bill: that's the applicable message that goes out, you run a company, you

may need to know that, kate. >> but now what are you going to do? >> and now what do the terrorists move on to? they won't have scanners and toners, they'll have some other device that's going to be put on an aircraft. again, we need to be proactive about t. keep our mouths shut about a lot of it, but i worry what we're always doing is we're way behind the curve. bill: i it will you, this is going to be a big deal, not just today but coming up for holiday travel. >> you bet. bill: next wednesday this will be a maintenancor headline -- a major headline at airports. >> and a big them sink. bill: we want viewers to know, foxnews.com, click on the bya box, leave your question about this, shoot me an e-mail, hemmer, foxnews.com, we're also an twitter. we'll get to this coming up, because you asked, bya. martha. martha: washington's fresh faces, can they cut through the bureaucracy in d.c. for real this time? the freshman class and the proms they made on the

campaign trail, congressman- elect raoul labrador joins us live. bill: and underway, a special ceremony the a the white house, a medal of honor to the first service member since vietnam, sal guinta should not be more proud or could not be more proud of their soldier son. >> we want to sit -- he didn't want to sit back and do nothing. he wanted to do something, but he wasn't sure what it was.

martha: we want to bring you back to this fox news alert, at ohio state university there's a bomb threat, they have evacuated several buildings on campus there and are telling students to stay away from those buildings, they include the thompson library, seerson

lab, smith larks all evacuated after a bomb threat that came in sometime around 9:00 a.m. this morning, that's when police sent out text messages. they have the operate systems to send out to all the students on campus when these things arrive. they were told to stay away from those buildings. we're awaiting any update as police go through the areas, try to figure out whether or not there's anything to this bomb threat that they received this morning, that is ohio state university. bill: huge school by the way. sixty thousand undergraduate, i think, alone. not to count the graduate students. so we're watching several buildings there. hopefully they don't find anything, huh? martha, mexico city folks running for cover when a bull jumps in the stands. have you seen it? roll it. he might have been going after someone in the bleachers, following the man

whose job it is to get the bull revved up for the fight. one man was injured when the bull fell on top of it. meantime in edmonson, alberta, canada, four people hurt when a 600 -- 1600-pound bull jumps the fence there. they managed to throw a rope around the bull to get the animal under control. martha: i just cannot -- you know, can you blame him? they know what's about to happen and they want to get the heck out of there but thank goodness, they went in there because they're the people who know how to handle the bulls, not just innocent bystanders. a cell phone call, a text message, innocent enough activities until you combine them with driving. now a new campaign hopes to save countless lives by telling the stories of those who have been killed by these situations. laura ingle is live in our newsroom with more on this. the goal of this campaign is to put a face on the victims

of distracted driving. really important story. tell us about the this. >> reporter: it really is martha. they say that nothing gets the point across like a permanent story and the department of transportation sngt ray la hood says you can cite statistics all you want but you don't realize how heartbreaking it is until you see the faces of the family members that we're talking about here. here's a for instance. she is marguey ski, 13 years old, sher mother said she wanted to be a pilot, she loved animals. one day she was on a school bus when a semitruck driver rear ended the bus. she was trapped under the seat and was burned to death when the bus caught on fire. her mother says a big part of her died along with her daughter. >> it's just taking your world full of color and then all of the sudden, everything is gray. i can't even say it's black and white. it's gray. it's ugly. >> reporter: so these are the types of stories that you will see on the web only

on line, seen with the department of transportation. martha: this is the next thing. antismoking, antidrinking and driving, it's that big a story. thank you very much, laura ingle. bill: certainly gets your attention, too. and this will get your attention, too, a cruel wist in a lawsuit, a driver convicted of striking and killing a 14-year-old boy is now suing the victim's parents. his case after the hour. pkó@v@ zx7?

martha: we're following' developing story out of ohio state university, they've evacuated four buildings due to a bomb threat to four campus buildings, looking at the web site, they say it -- a text message went out, about 8:19 a.m., they alerted the fbi, concerned about the william oxley compton memorial library, mcpherson lab, smith lab and scott laboratory, a huge,

sprawling campus, 52,000 students on the campus and 32,000 of them received what is called a buckeye alert. text messages telling them to stay away from these four buildings. we are going to continue to cover it for you and as soon as we get information out of the public information officer on campus we'll get it to you and update you on what is going on. and, back to politics, now, it is called the first big victory for the tea party in washington, d.c. republican senate minority leader michigtch mcconnell, doi 180, supporting the ban on spending, some call it earmarks and some call it pork and he is supporting it now and didn't as recently as last week and pressure to save money and cut spending in d.c. coming with the influx of new blood there, folks, that is how we start a brand new hour, of "america's newsroom." we are so glad to have you with us, i'm martha maccallum. bill: i'm bill hemmer. martha, nice to see you, our

morning started 6 hours ago, the senator initially opposed to a complete ban on earmarks and it would give democrats a big leg up because they would get more money but has always been an ally of fiscal responsibility. >> nearly every day the senate has been in session for the past two years i have come down to this spot and said democrats were ignoring this wishes of the american people. when it comes to earmarks, i won't be guilty of the same thing. martha: carl cameron joins us live on capitol hill, carl, how serious a commitment is this? and, what do republicans do next? >> reporter: it is a big commitment for him, he changed his position and did so publicly and gave heads up tie handful of senior members of the u.s. senate, particularly, those also senior members of the appropriations committee where he's a prominent and influential member and yesterday he was meeting with the freshmen in coming republican class and that is where a lot of the pressure came from, particularly, from

the tea party, that had been calling for and all-out ban on earmarks for the better part of the last year-and-a-half. over in the house, of course republicans have challenged the president, to veto any type of spending legislation with earmarks in it. so, they see this from the house side, mitch mcconnell, getting the message of the 2010 election which is, exactly what he said yesterday. so, there will be a vote today among republicans, behind closed doors, it is nonbinding but is symbolically important, and we'll find out exactly how many additional votes he might bring over, there are still some republicans who have misgiving about giving up these and the democratic leadership, harry reid in the senate and nancy pelosi in the house are not excited about it at all. martha: you see how the nonbinding resolution... what is the meaning of it, it is symbolic. is there any meat to this? >> reporter: if they get the president to go along and actively get involved, harry reid and nancy pelosi face a bit of a dilemma. the president as a senator and as a candidate repeatedly said he supported, quote, earmark

reform. now, and all-out two year moratorium on earmarks might be different and there could be a definition on what is an earmark and, b, how there is a moratorium and how it is banned and to what extent and now, harry reid and nancy pelosi are under pressure and the question is what the president does, and if they can get legislation written, then you still have the open question of whether or not it can be enforced, because congress has this wonderful rule wherein they can waive their own rules. martha: isn't that nice, don't we all wish we had those rules? carl, thank you very much. big story today. bill: another big story, continues, show down over the bush era tax cuts, treasury secretary tim guidance calling for quick action, the white house says it is open to extending some cuts, at least temporarily and with less than two weeks to go in the lame duck session the clock is ticking. james rosen live on this, it is more than a divided congress, is it not, james. >> reporter: that's right, one of the most fascinating dynamics has emerged in the story since

election day is the conflict between the president, and out going house speaker means pelosi, over whether and how far to compromise with the g.o.p., she's currently presiding over the first two weeks of lame duck sessions before the 111th congress expires along with the bush era tax cuts and she's adamant families earning over $250,000 a year should not receive and tension of the tax cuts and the president and his top aides, speak only of not making them for those top earners permanent. now, the chairs of the congressional progressive caucus the house's most liberal group of lawmakers fear pelosi may be susceptible to the compromise taken over, by the white house and they sent a letter yesterday to her, saying and i quote, we respectfully request that we have a caucus discussion regarding our position before any proposal is brought to the house floor. america's debt will be paid by the lower and middle classes, through increased interest

payments an decreased social service force generations to come, they said and it is astronomical some could be used to close the budget deficit, thank you for your leadership on the issue, we are here to work with you. liberals in effect want her to stage a up-or-down vote on tax relief, just for the middle class earners, and force republicans to vote against that, bill? bill: the bill, bill! what are some of the deals out there, james? >> reporter: i prefer to think of bill as one of the top earners... be that as it may... outlines of a potential compromise are taking shape. it may be a temporary extension of the tax cuts for those top earners and small business owners will be tied to an extension of unemployment benefits. for some 2 million people who have been receiving long term jobless aid but whose benefits are slated to run out and would make the tax cuts for the top earners more palatable for liberal lawmakers and another compromise floated by mark warner, the virginia democrat who proposes withholding tax

relief from the top earners, but saiding aside $65 billion just for small businesses, whatever the outcome, as you say, bill, the clock is ticking. bill: we will watch that at the white house on thursday, sir james, thank you. martha: he has been knighted. short and sweet for the man on the hot sweet on hospital will, charlie rangel, this is brand new video, arriving at his office a short time ago, on a regular day it wouldn't be a big deal, but, he brought a suitcase, had a cup of coffee and reporters asked him how he felt today, hours after he excused himself from a hearing in his own ethics trial. the veteran new york democrat simply replied, good morning, have a great day, and, didn't say much as he went into his office, yesterday as you watched unfold live on "america's newsroom" he stood at his own hearing and requested a postponement of that hearing and said he didn't have time to raise money for his legal defense, and he said he was already in arrears with his prior attorneys and had to let them go, and he was -- the motion was denied, charlie rangel walked out of the hearing

but they continued with that hearing as planned and he'll get this results of it, fairly soon. bill: will be drama. martha: will be, yes. bill: new violence only south of the u.s. mexican border including a spot popular for visiting americans. first gunmen bursting into a bar across the river from el paso, texas, five people shot dead and nine injured, some in serious condition and authorities say at this point there is no meet motive for that attack and the tourist spot of alka pull co, men buried in a grave where 18 bodies were found last week and the killings, are drug related and relatives say they were mechanics and saved up money to go on vacation, together in acapulco. martha: california, a decision is creating a lot of buzz. illegal immigrants in the state of california can continue to

receive the same exact tuition breaks that american in-state students get when they attend public colleges and universities. that has a lot of people raising their eyebrows and the ruling in favor of illegals living in california will be in place for at least three years, william lajeunesse is following the story live from the west coast newsroom, tell us about the ruling. what is at stake here and what is the reaction of folks in california? >> reporter: well, number one, martha, the nationwide -- the subsidy is worth $500 million a year, nationwide, about 10 to $25,000 a year per students, depending on the state, and the university. now, five years ago, out of state students here in california were attending the university of california, sued, claiming that this subsidy was discriminatory and illegal and sued and lost and now, they will appeal to the u.s. supreme court, because, they say, it isn't just about california but nine other states. charged, u.s. citizens, 2-3 times more tuition than foreign-born students living

here illegally. the basis for the lawsuit was that they said that under 1996 federal immigration reform law, congress said, if states offer the tuition break to illegals they have to give to it u.s. citizens and the case in california and other states they didn't. but, they sued, lost and now, they'll appeal. martha. martha: how have they been getting away with this, william? >> reporter: it applies in texas, california, new york, nine other states, they claim that the way this is crafted, is based on residency, not citizenship, so, if you attend high school, here in california, for three years, regardless you are an illegal immigrant you get the money and it was contentious when they approved it in '01 and it was a unanimous ruling which overturned the appeals court ruling and there is' great difference of opinion, i'll send it back to you, this is not ending here because obviously it is worth a lot of money and has a lot of people upset. back to you. martha: understandably.

thank you very much. william lajeunesse in california. bill: watching the story in columbus, ohio, ohio state, a press conference is scheduled for 11:00 a.m. eastern time on campus, 50 minutes from now, and the police -- what the police are ready to say, we don't know. stay tuned for that. trying to improve our nation's school system and the focus shifting away from students, now, to the teachers, education secretary arne duncan is live to explain what is changing in the classroom this morning. martha: and he was mowed down and killed on his bike. by a guy driving double the speed limit. today, that driver is out of prison, and, now, suing this little boy's family. and you will not believe why. bill: also, they are bright eyed bushy-tailed and a long list of fresh-faced lawmakers in d.c., flooding the capitol and listening to house speaker designate john boehner and what he is already telling the new freshman class. >> i laid out exactly how i intend to run the house. it needs to be more open, it

needs to be more transparent. and needs to be more accountable. and, you will see from day one, that i say what i mean and i vópstñ??o so you think your kids are getting enough vegetables? yeah, maybe not.

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martha: we have been following the situation out of ohio state universities, there is a bomb threat this morning, they told students to stay away from four buildings on that campus and we have a look at the buildings they are asking people to stay away from, the mcpherson lab, is one of them, the smith lab, scott lab, and, the thompson library. on that campus, 52,000 students. we understand 32,000 of them got a text message saying stay away from the buildings and we know there will be a press conference at 11:00 a.m., 45 minutes from now, where we hopefully will learn what the police now know about the bomb threat, at ohio state university. tense situation there, this morning, we'll stay on top of it, and bring you the news conference and get you more

information as it comes in. bill: taking it seriously, too. martha: they are. bill: 45 minutes away on that, freshman year all over again for fiscal -- lawmakers on capitol hill, john boehner at the blackboard in front of the in coming republican class, stressing goal number one, closing uncle sam's checkbook, congressman elect raoul labrador, from idaho, good morning to you and welcome to washington! >> well, thank you, bill, it is great to be here. bill: you beat a congressman, a democrat in your district, who voted against cap-and-trade and he was against other big democrat items, and, he was defeated by yours truly two weeks ago and you said a couple of things and you said we need to be sure we are humble about what we are doing. what does that mean? >> you know, i think that democrats made a huge mistake two years ago, when they thought that their mandate meant they should ignore the american people.

they ignored the american people for the last two years, and, they were fired. so, if we ignore the american people for the next two years, and we are not humble about our victory, we don't do the things we were asked to do, i think we will be fired as well. so we need to be -- >> what do you think the american people are asking folks like you to do? >> they are asking for, number one, fiscal discipline, there is nothing more important we can do in washington, d.c. than to be fiscally responsible. you know, all small businesses throughout the united states are cutting their checkbooks, they are cutting their spending, and, they want us to do the same thing. bill: when you were at an orientation i think the other day, there were a lot of e reflexes on 1994. 16 years ago, and one of the things was, don't rush it. i'm not quite sure what that means, because, you had a 100-day plan by newt gingrich and others in early 19 the 95, early part of the year -- 1995,

what does "don't rush it" mean now, knowing the clock is running and you said yourself, if you don't get things done the next two years you could be out of a job. >> what they were talking about when they said don't rush is don't rush the decisions you are making about your chief of staff, about your staff. we can hire a handful of people and actually do the work that is correct, because we don't want to make a mistake early, that will cost us 3 or 4 months later we will have to pay for. we want to do all the right things, we wants to do it in a methodical way and keep the promises that we made. bill: real things, real facts, real things that will come out of the congress, come january. what is the one thing the emerging mark american people should expect. >> expect us in the house of representatives to repeal obama care and we'll do everything we can to repeal it and i think they expect us to spend less and significantly reduce the cost of government. bill: health care, number one.

fiscal responsibility, number 2. >> correct. bill: and given the composition of the house, you could probably, probably pass a few pieces of legislation that go toward that and then it bounces over to the senate side and you are about to find out how washington works and what do you think. >> people will lose their patience, if they don't do the right thing, there are close to 30 senators who are going to be running for re-election in two years. and, a lot of them are democrats, and if they don't join the republican party, i think, they are going to see their seats lost, just like many, many democrats lost their seats this year. bill: welcome to washington, good luck finding everything. we'll follow it from here, raul labrador, a republican out of idaho with me now, thank you, sir, for your time. >> thank you, bill. bill: all right, 19 past, martha. martha: we take you back now to ohio, ohio state university, where we are just getting these aerial shots of the area they are concerned about. bomb threats to four buildings,

at ohio state university, those buildings have been evacuated. they are telling students, via text message to stay away from them. police are sweeping these buildings, they've called in the fbi as well. they are taking the situation very seriously and we expect news from the police in 43 minutes, and we'll bring it to you here, on "america's newsroom." we'll be right back. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

♪ ♪ martha: all righty, here we go, folks, get ready for a royal wedding, frenzy. buckingham palace just hours ago made the big announcement. prince william did indeed propose to his girlfriend, kate middleton and they will be

getting married next year, and paul burrell a butler to the royal family and princess diana and is a fox news contributor. and, i guess, paul the first thing you will say is, i told you so, martha, right. >> good morning, martha. i did tell you, i told you, didn't i. martha: you did! >> i said next year, 2011, you have to watch fox to get the true facts. martha: truer words were never spoken. talk about why you think, did they try to get a jump on things here? everybody said 2012, and i was thinking maybe he wasn't going to do it. he has been dating her for 8 years, for goodness sakes. what prompted it to happen now? >> never 2012, always 2011. because, the queen's celebration of the diamond jubilee is in 2012 and also we host the olympic games and, there was too much happening in britain for 2012. it had to be 2011. and, also, it ties in nicely with his mother's 50th birthday, diana would have been 50, in july. next year. and -- july, 2011, so, prince

phillip will be 90 in june and it fits nicely with the royal family, a family celebration. and, wonderful timing. bill: tell me what you think of this young couple. we all remember prince charles, and princess diana, a whirlwind courtship and there were a lot of question about how well, they knew each other and how it came together and these two, that were looking at now, the young, modern couple, they know each other really well. by most accounts have been living together for the past couple of years. >> that's right, martha. this couple know each other very well and the royal family know kate very well, and, diana never had the luxury of fitting into the royal family and she was pushed into the deep end and had to swim fast and kate had the general introduction and knows everyone and fits nicely and they like her very much and she'll make a great princess of wales. martha: i'm sure she will, they are a lovely couple and she's a beautiful young lady but it was

rocky at first with her and her family. i don't know that there has been a family, quote as common as you might say, in the u.k., as kate middleton's family, since, perhaps, the queen mother, really, because, princess diana at least had a title. >> well, princess diana was a lady. and, kate isn't. she's from a fairly ordinary family in the middle of england and it is difficult for an outsider, to come into the royal family and survive, in that unit, because, they don't live like we live. and they have different rules and regulations, and, you have to follow protocol every day of your life. so, again, kate has been taught, she has been eased gradually into this and going back to the fact they know each other very well, they have a little cottage together in wales, only 20 miles from where i live in england and have a little cottage close to the raf base where william flies his planes and have been trying to live together, a normal life, before the public gets to know they are going to get married. martha: now they're in the thick of it and it is said, that he

told her in '07, that this would happen and promised her back then and you and i will have a lot to talk about over the next several months, thank you so much for jumping in the chair this morning, and we look forward to it. >> off and running, martha, we're off and running! martha: thank you, paul, paul burrell, thanks for being with us this morning. bill: back to the breaking news now, on the campus of ohio state university, columbus, ohio. franklin county, where university police and local public safety officials now investigating bomb threats at four campuses buildings, 32,000 text messages have gone out, to subscribers of what is known that's bu-- as the buckeye aler and 50,000 students, on campus here in columbus. a huge campus and the building in question we believe is in the center part of your screen. it is difficult to tell from vantage point. there is a press conference, to get you an idea of how seriously police are taking this threat.

there is a press conference, 11:00 a.m. local time, east coast time, columbus, ohio and we'll worker for our affiliates to bring it -- through our affiliates to bring it to you live and based on the wire services and getting from our local affiliates in columbus, ohio, four threats called into four separate buildings, threats of a bomb in that area, we don't know if they are substantiated, whether it is true or whether or not it is a false alarm but students have been cautioned and urged and the buildings are evacuated, for obvious reecason top of the hour, 11:with a press conference, martha? martha: he's the first living service member to receive the medal of honor in more than 30 years. we'll tell you the incredible story, folks, about what the soldier did to earn such a prestigious award. >> that adventurous side could

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second place. a new clue in the case of missing alabama teen natalee holloway, dutch authorities examining a broken fragment found on a beach in aruba for clues to her disappearance. and, a government watchdog group warning the foreclosure fiasco is also threatening our country's financial system, the report claims that the flawed system could drain major banks of billions of dollars in losses, 10:32, in new york. >> 25 years... and you know they'll do exactly the same thing that year. that they failed at for 25 years. that kind of a craziness has to end. we have to go to the educators and say it is our job to come up with innovation and we have to fix it and, look, if it means we dultin adults have to work longer, we have to work longer, we cannot let our children down. martha: you may recognize jeffrey canada from the documentary "waiting for

superman" got a lot of attention to the issue. and shining a light on the flaws in the u.s. school system and now, a national panel on education of experts is calling for an overhaul of how teachers in the country are prepared to do their jobs, their recommendations rely heavily on experience and they are calling for tougher graduation standards for the people who go into classrooms and teach our children, across the nation, who better to talk to about that than arne duncan, the u.s. secretary of education. secretary, good to have you here this morning, welcome. >> good morning, thanks for having me. martha: this is a hugely important topic in the country, as jeffrey canada talked about, the failure factories, i know the president talked about them across the country and the new report is focused on teachers. and says that people who decide to become teachers in this country as it turns out generally have a lower gpa and lower sat scores and are not perhaps prepared, themselves, to go out and teach our children.

what will we do about that. >> michelle, i understand a huge sense of urgency and convinced we have to educate or way to a better economy and is the only way to get there and one generation we've gone from first in the world, and other countries have passed us by and we have to get better and as canada said doing more of the same is not the answer. and we need to elevate the teaching profession and bring in the hardest working and most committed into education, and we need to be sure every child in this country gets a world class education. we have an internationally based competitive economy, children are not competing for jobs, down the block, they are competing with children in india and china and we have to level the playing field. martha: you are right about that, i want to play a piece of sound from an interview i did with michelle reid, who was the chancellor of the d.c. schools, district, you know her well, i'm sure. here's what she said about the issue: >> there are some ineffective

teachers in classrooms and everyone knows who they are and parents try to avoid them like the plague and those people, they need to be quickly professionally developed or moved out of the system. martha: we talked there, secretary duncan, about the unions and their protecting of bad teachers. which we know happens all across the country. >> well, we need to do a better job of recognizing great teachers, and i think great teachers are america's unsung heros and we need to support those in the middle trying to improve their skills and those at the bottom where it's not working, and we need to help them find something else to do. martha: how do you -- how do you do that? move out the bad teachers from system, because, as was so well documented in "waiting for superman", and as you know from your history in education, bad teachers -- and i hate to call them that, they are out there, get moved around from system-to-system and are protected by the union and until we deal with the union it will

not go away. how is your administration wanting to deal with the union and tenure. >> we are working with the union and, the report came out today about raising the quality of teachers, both national unions were fully on board with that and, randy winegarden said the unions have to get out of the business of protecting bad interest and he has no interest in continuing to do that and there is a sense of urgency, whether unions, parents, the business community, all of us have to come together to do the right thing for our country's children and for our nation, ultimately. martha: i think everybody agrees with everything you are saying. i'm afraid a lot of folks would say we've heard it before, what makes you think in the new congress there might be an appetite for real change now. >> i'm convince we'd can do it. it has to be a bipartisan issue and we have worked closely with republicans, democrats, house and senate, and what we are doing now, as a country is not good enough. we have to challenge the status quo and get better faster than

we ever have and can come together to do that. i've worked closely with in coming speaker, speaker boehner and i think he's got a great commitment to education and we look forward to doing the right thing together for the country's children. martha: he's commended you in the same way. thank you so much, secretary duncan, i hope you come back and talk about progress on this issue. it is important to our children and appreciate you being here today. thank you, sir. >> absolutely, thanks for the opportunity. bill: 22 minutes before the hour, they are deadlocked in the first civilian trial of a detainee out of gitmo, the man accused of carrying out the u.s. embassy bombings in east africa, a juror asked to be removed from panel, david lee miller outside the courthouse in lower manhattan, what is happening inside, david lee? >> reporter: bill, at this hour the jury deliberations do continue, the jury resumed deliberations about one hour ago, the defense and the

prosecution have asked the judge to give the jury special instructions. the judge yesterday hinted that he may ask the jurors to behave more civilly to one another and none of that happened in terms of instructions to the judge and the jury came in and he said please continue deliberating and they are doing that now and the judge sid he was encouraged by the fact that since the disrupt disruption wrote yesterday, the juror said, my conclusions will not change and i'm being attacked for my conclusions, and the jury has not... perhaps there is an encouraging sign they are moving forward. bill: there is a sense there could be a mistrial or something is up with the juror, david lee? >> reporter: well, the defense was certainly -- would like to think so. the defense yesterday asked the judge for a mistrial. the judge turned them down, and, we should be mindful the jury

has been deliberating now three days and a few hours and 2001, four defendants convicted of the bombing were on trial and the jury deliberated 12 days, before finding them guilty. bill: david lee miller watching the story in new york city. thank you, david lee. martha: back to ohio state university, now, we are following breaking developments in this story. you can see, the on-the-scene effort to determine whether or not there is a bomb threat at osu, four college buildings have been evacuated and those are the major areas of concern including the library and three labs, all not far from the football stadium, this is a huge campus, 52,000 student on that campus. great concern this morning and, we wait another news conference, just about 20 minutes from now the police will bring us. bill: we'll carry it live at the top of the hour, a 14-year-old boy, young man here, run down on his bicycle and died. now the man behind the wheel of the car says it is the fault of

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martha: back to our live shot of ohio state university, aerials over the campus of 52,000 people and i'm joined by a representative from ohio state, near the library and the buildings where the lets were called in and, steve, good to have you on the phone with us, what can you tell us about what is happening on your campus. >> caller: we got a notification, about an hour ago, there was a bomb threat on campus, police very quickly taped off the areas around four different buildings on campus where the threats were received and sent out about, i believe, 32,000 different text messages, to students and faculty on campus, using the buckeye alert system, so, right now we are waiting to hear back for more

information. martha: at that hour of the morning were there a lot of students in those buildings at that point, steve. >> caller: not many classes there in the morning, we normally have classes that start at 8:30, and they did have to evacuate the students, from those buildings, and especially the library and, students were studying there early in the morning and getting coffee and whatnot. martha: what can you see in terms of bomb presence, you know, police investigators on the scene, what is that story? >> caller: there were a number of police officers on campus, so far, can't really see much into the area, where it is tamed off, but, they do seem to have a grip on everything, so far. >> all right, steve, thank you very much. for the update. we'll get news from the police there at 11:00, 11:00 a.m. eastern time this morning, find out what is going on, and, potentially in four buildings at ohio state university, our thanks to steve lee, joining us on the phone. bill: the story that will turn your heart over, he was convicted of hitting a 14-year-old boy on a bicycle. while he was behind the wheel of his own car and now, he is

taking action against the victim's parents. serving a ten-year sentence for manslaughter, prosecutors say he was doing 83 in a 45 zone in april of '07, accused of aggressively trying to pass another car. when he struck and killed 14-year-old matthew kenny. now, he is suing kenny's family, claiming they allowed matthew to ride his bike without a helmet. >> as far as inmates' ability to file these suits, the citizens of the state of connecticut ought to contact their legislatures and ask why they have such free access to the judicial system when others of us have to pay certain fees in order to proceed with claims. bill: no janet napolitano judge here to make sense of this. is it common when an inmate turns a case against a victim. >> it is common for a defendant in a lawsuit to claim the

president caused the problem. stated differently it is common for one accused of knocking a pedestrian over to say it was really the pedestrian's fault, what happened is the guy shouldn't have been on the road. he had five dwi convictions, not an alcohol related event, the one that killed the 14-year-old boy, but he goes to jail for ten years and while there, the boys' parents sue him, for the wrongful death of the boy. he counter claims and says it was your fault, because you broke connecticut law by letting him ride a bicycle without a helmet and that sounds horrific. to blame the parents. but, it is standard procedure in litigation, like this, to say, i did wrong, but, all the wrong wasn't my fault. bill: what is he trying to do, break the will of the parents? >> no, he is probably trying to get some reduction in his payment to them, from and insurance carrier. stated differently, this is really their insurance carrier

suing his and his insurance carrier suing theirs. bill: such a tragedy. a 14-year-old boy, and then you have to face this. now, the family, they will have to defend themselves now. if the case goes forward. the injury done to them, even more so. >> i can't imagine there would be a trial of this. and, here -- what i am about to tell you will make it worse. the financial value of a 14-year-old, is minimal, not the emotional loss, it is not the holes in their hearts, it is the financial loss, whatever moneys they had to pay to try and revive him and that is all they can get from the creep who sits in jail. bill: they went after the creep and the creep turns it back on them and as you state, whether we like it or not, that is the way the law works sometimes. awful. >> correct. you have the right to defend yourself by saying it was the other side's fault. unfortunately.

even when you are in jail. bill: case like this, how does it end up. >> with a settlement and ends up with some insurance carrier paying a group portion of the costs attendant upon his death. and then it goes away. bill: in the meantime, the parents are forced to live with more pain. >> here's the backstop, if the case goes to trial and the guy appears in a courtroom and tries to persuade the jury, it was the fault of the parents, the argument, i don't think will hold water. bill: check him out on fbn, judge, good to see you. >> it is 8:00 at night, i'm playing basketball against a guy who is three feet taller than i am. martha: who might that be! all right, he has been promoting his memoir and big day for former president george w. bush. kris gutierrez is live in dallas, this morning, what is happening there? >> reporter: good morning, martha, today is a big day the ground breaking for the bush presidential library.

doesn't open until 2013 and we are talking about it and will have much more right after the quick break. we know diamonds. oh, my gosh. [ male announcer ] together we'll make her holiday. that's why only zales is the diamond store. where you'll pay no interest if paid in full by january 2012. and i want to do this until the wheels fall off. so i have to start taking care of my heart... and i'm starting with cheerios. [ male announcer ] to keep doing what you love, take care of your heart with cheerios. the wholerain oats can help lower cholesterol. love your heart so you can do what you love.

bill: a huge honor today for a very brave and humble member of our u.s. military. in a few hours time, president obama awards the medal of honor to staff sergeant salvatore guinta, a big deal, the first living service member to receive the honor since the vietnam war and you can imagine, his parents, back home in iowa, are very proud of their son. >> after he went into the military, and he was focused and grew up and changed from a boy to a man, at that time, well, it was just night and day. >> he had a desire to do things right. and he would speak about that

desire, right there. mom, i want to do things right. i want to leave a mark. i want to be somebody that did it right. bill: he earned the honor when he risked his own life to save other soldiers during an ambush in 2007, in afghanistan, the reluctant hero says he was not alone on the battlefield, and adding, there were a lot of other guys who did incredible stuff. end quote. martha: calls himself an average soldier. great story. and, there is a big celebration, on the campus of smu, southern methodist university, in dallas, president george w. bush and his wife, laura, who went there, are taking part in a ground-breaking ceremony on the future site of the presidential library and kris gutierrez is there watching it unfold, live in dallas for us, hey, kris. >> reporter: a front row seat for you guys on fox news channel, right to alan lowe the director of the bush presidential library.

what a big day it is for you guys. >> a great day, a culmination of a lot of work and support making the day possible and we're proud to be here today, breaking ground for the bush library. >> reporter: what will we see someday in the library, 2013 you hope it opens. >> early 2013 we'll open and it will have a great archives and amazing amount of material we have in the archives, $600 million pages of e-mails and 70 million pages of paper, artifacts, photos, a great archive, a great historical resource, also, wonderful museum. designed around decisions the president made, important principles to the president, and, very educational, innovative, interactive museum and a lot of great things and educational programs we'll have in the library. >> reporter: we should point out the bush presidential library will take up 23 acres on the cam fu pus, earlier, mr. bush was on "fox & friends" with steve doocy and he talked about why he chose smu. >> let me ask you, why smu.

>> one, it is in dallas and secondly, it is a fabulous university. thirdly, the alumni base has been very supportive, and, finally, laura went there. >> reporter: and the ceremony officially begins here, in a half-hour and they'll dig into the dirt around 11:15 local time and we'll have it live, here on fox news channel. martha: great, that, so much, kris gutierrez in dallas, texas. bill: we are moments away from learning from police on the campus of the ohio state university, what is happening inside four buildings, alleged bomb threat called in, my niece on campus tells me they have closed three roads around the area. we are back there live, in a moment, press conference, moments away.

>> ♪ >> ♪ bill: it's been a