>> i looked in the mirror on my 62nd birthday and said, i could do better. we all can. i worked out 30 more minutes a day and lost 24 pounds and four-inches around my waist. and i am now at the weight i was when i did the richard simmons show. you can do it, too. the holidays are coming. please be careful. eat more vegetables. god bless you. we had such a good time here. >> steve: so long, everybody! bill: hey, thank you everybody, 9:00 here in new york city, we're awaiting the fate of nancy pelosi, set for a critical vote on who will lead the next congress, nancy pelosi being challenge in her bid to stay as leader of the democrats in the house. some democrats say she's got to go but pelosi says she is defiant, read the words in the bottom. >> [inaudible]

>> we are not finished. we're just getting started. how you doing martha? martha: how you doing, bill? bill: doing just fine. martha: good to see you, everybody, nice to have you with us. i'm martha maccallum, the man battling her for minority leader, heath shuler, explaining his decision this way: >> we've obviously come across the biggest loss we've had for the democratic party in almost a century, and to go back and put the exact same leadership into place is probably not the right thing for our party and to move our country forward. so -- and i think that the american people sent the democrats a message and that message was very clear in the 2010 election that, you know, the direction in which you are going is not the direction we wanted the country to go, so i feel that it's very important, it's not about me, it's not about the individual, but i feel that, you know, we have to stand up for what we believe in. i think standing up actually pushes in that direction of understanding that there

were mistakes. we have to overcome those mistakes and have to take maur -- have to make sure we have a better opportunity to win the races back. martha: you hear that? we are tracking this developing situation on capitol hill and you heard congressman shuler mention 2012, that's what it's becoming all about at this point. we'll talk about why today's decision may have more to do with that date rather than anger over what happened in the mid terms. bill: on the other side of the capitol, we're awaiting an all-out grilling on medicare, the controversial head of the medicare program, going before the senate finance committee for the first time, dr. donald berwick, a recess appointment by the white house, expected to face the public for comments like the following: >> any health care funding plan that is just, equitable, civilized and humane must, must, redistribute wealth from the

richer among us to the poorer and the less fortunate. excellent health care is by definition redistributional. bill: you might remember berwick's controversial nomination to run medicare and medicaid services. president obama bypassed any senate opposition, relied on a recess appointment to appoint berwick and today is the first time he answers questions. so who is the man heading the government's two largest health care safety nets? donald berwick first got started as a pediatrician, president clinton appointed him to serve on the advisory position on consumer protection and the quality of the health care industry in 1997-398, 1 of his core beliefs is the health care system is safer for doctors if they have fewer opportunity toss make decisions, instead, he believes physicians should follow guidelines

predetermined by silence. late area weigh-in on what this could mean for health care costs. that's coming up a bit later martha. martha: we now know the outcome of a nail biter race in the house seat in illinois, incumbent democrat congresswoman melissa bean conceding to republican joe walsh in this race, bean called walsh to congratulate him after the ballots got counted and it does not get any closer than this, folks. look at the final result, the numbers in this race came down to fewer than 300 votes. so that's why it matters to get in there and vote, folks. three hundred votes. bill: it's for reasons like this, right? martha: send the whole family out for that vote! bill: cousins included. charlie rangel awaiting to see what punishment awaits him, after being found guilty of violating house rules. here's chad pergram on the

hill. >> you said you were as clean as the driven snow and sending it to the ethics committee because you said that was the only way to clear yourself. >> yes. >> this hasn't turned out very well for you. >> i think it has if people can look over all the responses from the ethics committee that said there was no self-dealing, there was no corruption, there is nothing there that -- not a skin tilla bit of evidence as related to any criminal activity. bill: that was late yesterday. where are we this morning in steve centanni live in d.c., what else did he have to say in. >> he's bitter about the way an 8-member panel of the house ethics committee found him guilty of nearly all the charges against. rangel said there were witnesses that he should have been able to hear but rangel excused himself from the trial, said he didn't have a lawyer and the panel refused to give him more time, they didn't want to delay the proceedings so they went ahead, so the witnesses were not heard in open court or in the open

hearing. rangel has always denied the charges against him saying as you heard chad mention that he claimed to be clean as the driven snow. now, in this interview with fox news yesterday, he didn't talk much about the substance charges against him but talked about the process which he says was unfair. >> i'm not avoiding the substance, i'll just saying i've been demanding a hearing. i didn't get it. >> reporter: rangel was found guilty of 11 counts of failing to pay tax on a vacation condo, failing to file proper financial disclosure forms, using rent-controlled apartments for his harlem office and using public money for private resources. martha: president obama's hope for a nuclear arms treaty with russia is fading, at least for now, this after the number two republican in the senate threw up a major road block to this plan. arizona senator jon kyl is

the leading gop voice on this issue, he says that a vote should not be held on any agreement with russia until after the new lawmakers are sworn in next year. he also says that some issues surrounding this packet are still really unresolved. the treaty is seen as one of the president's top foreign policy goals, so they may not be too happy about what mr. kyl was saying. we'll hear more about that. bill: new housing numbers just released and the news is not good. according to the commerce department, new home construction fell sharply in october, sinking 11.7% that, is the lowest showing we've seen since april of last year, when it hit its lowest level in 50 years. new construction overall, get this, down 77 percent since its peak in 2006. a lot of that goes with unemployment, jobs, and people looking for one because of it. just out right now martha. martha: there are new developments today in the foreclosure fee fiasco,

americans who wrongly lost their homes could soon get help. according to a new report, state attorneys general and some of the big lenders are now talking about possibly setting up a fund. it would be similar to those of the bp -- that the bp victims shared in. stu varney of fox business network, of course, joins me. what would this fund look like, how soon would people get their hands on the money? >> all of the above undetermined. bottom line, a fund will be set up, the banks will be paying money into it and if you can prove that you were wrongly kicked out of your house because of this foreclosure paperwork mess, you could be compensated from money in that fund. it essentially puts a lot of pressure on the bankses because they've got to ante up the money and it's pressure for them to get this paperwork mess resolved, speed it up, get back to normal and maybe, just maybe, even lower the outstandings principal on some of these troubled

mortgages. it basically puts a lot of pressure on the banks, it's a possible way out of this near freeze in the foreclosure process that we've got now. martha: it's an incredible story when you think about the financial mess that all this got us into and then you couple that with bad paperwork and people who may have been suffering who shouldn't have, a lot of folks on both sides are probably going to fall into that pot. >> forgive me for interrupting you for a second. there is more human misery in this foreclosure and housing mess -- i'm making a judgment, i think there's more misery in housing than there is in unemployment. that's going a long way, but you've got one in five homeowners in the united states of america who are under water with their mortgage. can you imagine what that's like? you're paying money to this bottomless pit, where the value of what you're paying money into is going down, you are paying money to a losing asset. this is misery, big time. martha: your point is well taken, stuart, you're absolutely right. i want to also get your thoughts on this, this big senate banking hearing yesterday, a lot of fingers

pointed at bankers during this. there were protests going on outside of it. let's take a look at a piece of it and get your thoughts on it. >> foreclosures cause significant hardship to borrowingers. >> what we need to hear from the -- day one, he is running -- >> martha: that's unhappy folks, that's a chase bank executive there, stuart. >> the chase bank was trying to say that the banking industry was doing everything it could to resolve this mess with foreclosures. the demonstrator is saying you're lying. you're not doing that. you have been behaving badly. we have had our homes, we started a foreclosure process on our homes, we tried to make amends with the bank and you wouldn't listen, you went ahead with foreclosure. you're not playing fairly, you're not giving us a chance. it's two sides of the fence and yesterday on capitol hill it was beat up on the

bankers day. martha: it's a frightening component to the entire financial disaster that we've been going through in this country. stuart, thank you, good to see you as always, varney & company coming up on fbn. bill: the psychological impact on americans, too, thinking about their own wealth, and -- >> martha: it affects every financial decision you're going to make in your life, what you're going to buy, where you go to college, everything. bill: now house democrats, in fact, today determining if nancy pelosi will be the leader tomorrow and if she's victorious, what about 2012? a great panel coming up. martha: we're awaiting the decision on the bush tax cuts and we're weeks away from finding out what it's going to mean to us. will they be extended? secretary of the treasury tim geithner with hrsh words on the lack of a deal. listen to this: >> again, it's not rocket science, it's not a competition to solve but it has to be solved. it would not be responsible of the government to leave this uncertainty hanging

over the economy going into next year. martha: if they don't resolve it, it comes up to $1500 per family in this country. we'll be right back.

bill: here we, america live down to dallas, we are watching slow moving pickup truck move its way down the highway, police are in pursuit, kbfw is in the helicopter, we might tap into the pilot in a moment to the chopper and find out what's happening. don't have a lot of information, the highway is clear, 8:15 local time, so that's rush hour. what's the rush, you wonder, because this is a slow mover don't know how it started or when it started or where it started, but police are trying to figure out the motivation behind this driver inside this pickup truck, looks like a 2-dar pickup truck by my observation which means you have no more than maybe two people inside the car, if not just one, a solo driver.

some of this informs is out of our grasp, we're reaching out to kbfw to figure out who's inside, what started and what will come of this. outside of dallas, texas while we try to figure out well, if the helicopter pilot has any information, we'll bring up the microphone and figure out what's up. it's slow moving, the cars are going by, they don't seem to have much worry about the driver in the pickup truck. martha: in these situation, the police are kind of staying at a distant. that's a helicopter shot. that happens sometimes. police staying at a distance, you've got the chopper watching from above as the pickup goes under the overpass. we don't know what this man did, this man or woman or what the situation is but they seem to be getting off at an exit and often what we see is them getting into familiar territory as they try to figure out what to do. we've seen crazy finishes to these in recent weeks. we'll keep an eye on this in

dallas. bill: i don't know if there's car trouble or whether they're running out of gas or whether or not they're heeding the warning of the officers. there's two black cars behind. doesn't seem to be highway patrol, but now there's a third car that's -- we'll see what happens here. this is literally where the rubber meets the road, unless you pull one of these maneuvers. >> oncoming traffic. >> so we're below the underpass now. give us a moment here, we'll try and bring this back into view. martha: backing up. >> right on cue. martha: right into the chopper view. i guess deciding maybe that isn't the twi go. you got to wonder what's going through this person's mind. bill: spare tire in the back? martha: appears to be. bill: you know the area of interstate 45 is the area in question. on a pretty decent morning in dallas, texas. martha: you wonder if they have spike strips, we're not

sure, getting into this situation, but the truck is going very closely and it's possible it's debilitated in some way and that may be why it's moving along at a snail pace here and it looks like the guy could pull up and say buddy, what's up. bill: i don't think i've seen a cop car just yet. martha: i haven't either. bill: it's unclear where they're going. martha: we hear that it's a woman driving this vehicle, at a stop light right now and we understand the police are in pursuit of this car, although, as we've said, we haven't seen the police anywhere near it. bill: all the people stopped around them, that must be a stop light, huh martha? police observed a suspicious woman, took off on 635, the local highway, heading toward dallas, suspect in a white pickup, driving on central expressway as it's known locally. this is irving, texas now, so that would be west of dallas, and she's looking for a clue. still have not seen a police officer, still have not

heard a local reporter. and it's not quite clear whether or not this driver knows what she's doing. martha: it's odd that it's a report of a suspicious woman. i don't know what that means. usually in this kind of situation you've got a robbery or, you know, someone taking off in a car that doesn't belong to them, that kind of thing. so who knows. bill: could have been driving erratically and the police don't even know what's going on. kdfw. let's get back to it in a moment and try and figure out a resolution. martha: the mysterious white pickup truck. bill: driven bay woman. martha: we'll keep an eye on that. in the meantime, back to these more serious issues, president obama says that he will take on immigration in the lame duck congress. so why now, and what does the president want on immigration bill? we'll find out what we speak to a member of the hispanic caucus who has information on this, sat down with the president yesterday. we'll find out what the president told him. bill: a major honor at the

white house, it's not been seen in our country in decades. this man's incredible soldier story, in a moment, from the mountains of afghanistan. >> for everyone who shed blood, sweat and tears, for blood, sweat and tears, for everyone who did it. yesterday, is doing it today. and will do it tomorrow.

bill: we are waiting on an official vote now, a critical vote, and so is nancy pelosi. she wants to lead drmings only 15 days after her party was bounced from power in the house. is this what the democratic doctor order? mary ann marsh, mare credit catherine hamm of the daily column, fox news contributors, mary catherine and mary ann, i'm going to keep this straight, did

either of you ladies drive a white pickup this morning? >> i think mare credit catherine! bill: so we know it's not you. mary ann, start, is this what democrats need. >> this is about perception versus reality. the perception of nancy pelosi rivals hillary clinton and sarah palin over the past three years, reit alt is no one did to pass the obama agenda better than nancy pelosi. the white house did little to promote it and less to defend it until it was too late and for that nancy pelosi should not pay the price. bill: you support her being house minority leader. >> i do. bill: what is it about nanc we pelosi that would suggest that democrats didn't do enough, they didn't go far enough to the left? >> i think there's a perception and reality problem. yes, the perception of her is very bad and she's become sort of startland -- shortland for the last two years, the reality is the

american public doesn't like what she got through and whether you're an activist or ideology -- idealogue as pelosi is and many others are, the tendency is to convince yourself because the moderates went down you need to be more conservative and loud and everything will work out okay. that doesn't work, especially if the country is not moving with you. pelosi wants to be more liberal and i'm not sure that ruling with the iron fist and not listening to the people in her caucus is sending a message. bill: you think her reading of the election is wrong basically. >> right and that's the tendency on both sides but it's poison with the american people to say they've got the same woman in charge. bill: mary ann, what we're hearing is that's tension within the ranks and you're coming off a shellacking 15 days ago and now you start to forecast what happens in 2012 and you think of how much a target nancy pelosi was in all the districts across the country and that

republican message worked to the tune of 60 plus house seats. >> the fact is the 2010 election was a referendum on barack obama, the 2012 election most certainly is. that's the reality. i think the difference you may see this time is nancy p/e pell may not be jumping so hard and so far to promote barack obama's agenda in getting it passed. that's what she did. she did everything you would want a speaker to do to support a new democratic president, she brought the majority, made democrats the majority and herself speaker. the only mistake -- 2012 is about barack obama, it's a presidential election, it's a referendum on barack obama, not nancy pelosi, and the question is how much are house members going to do now to support the obama agenda, whatever that is. john boehner -- i'm sorry, john boehner, you have to say by comparison was unable to unwilling to get a meeting with the president when invited makes nancy pelosi look good. bill: mary catherine does she help the republican

cause two years down the snroad. >> i think she did. -- does. i think in favor of when you lose an election, there has to be some sort of recognition and telling the american people you got the message on that, i think what they should do is go to dollywood and if nancy can win over the rides at dollywood, she can have her spot back. bill: we liked the videotape of that and when it happens, come back on that. thank you, and stay away from my pickups trucks, okay, because this woman is still on the road and we're not quite sure where she is going, outside of dallas, texas. go to foxnews.com, click on the bya, shoot me an e-mail. martha from new jersey is fired up for that one. bya, because you asked. we were talking about this, about the woman in the white pickup truck. where is she going? martha: out for coffee?

on a morning stroll in bill: we're hearing the police have called off their pursuit. however, the helicopter pilot can't get enough of it! and neither can we. she seems to be okay, just maybe a little lost early. martha: just wandering around on a wednesday morning in dallas. bill: wednesday morning, there we go. martha: what do you mean i'm on tv! bill: tax hikes on the way, unless lawmakers step in. families will see a spike of $1500 a year. our next guest says that cannot happen, he's bringing legislation, and congressman mike pence is here to talk about his plan, and he'll tell it live in minutes. martha: to alaska now, joe miller was a tea party favorite, burst on to the scene, lisa murkowski would not give up when she lost that primary, now she's going to -- trying to hold on to her seat in alaska. they're almost done counting, folks. we'll be right back.

bill: top story, we're watching testimony on capitol hill on screening procedures that some passengers say are invasive, they include full body patdown for those refusing to go through scanning machines. ohio state opening doors that were closed because of a bomb scare, that story happened yesterday on our air, the thres mailed to the fbi yesterday. in the end nothing was found, the all-clear was given. a major snowstorm in colorado making it impossible to drive, that

forced a major highway to be shut down on both sides for miles. martha: your taxes are just weeks away from going up, unless congress acts quickly, and it seems nobody can agree on the right move here. there is some talk of temporarily extending the bush-era tax cuts for everybody across the board, others are promoting tax cuts for just some of the american population. now two republicans are propose ago long term fix, looking to make the current tax rates permanent. but that doesn't work for the co-chair of the president's debt commission. listen to this: >> everything really does to be on the table that we've got to make some really tough decision and can't skirt around the edges. what's clear to me, it's that the era of debt denial is over. everybody sitting around that table understands how big a problem we face, and

how we have got to face town it and make these really tough decisions. martha: that's erskine bowles, one of the republicans who is pushing for this new legislation that he will present on permanent tax cuts joins me now, indiana congressman mike pence, good morning, good to have you with us. >> morning, martha. martha: tell us about the this legislation, how long is permanent, and is it across the board, from the wealthy, the so-called wealthy, and everybody above a million, everybody all the way across the board, right? >> yeah, look, we are struggling, families are struggling across this country in the worst economy in 25 years and senator jim demint and i simply believe and i think the overwhelming majority of the american people believe that the last thing you want to do in the worst economy we've seen in a quarter century is raise taxes on anybody and all this talk about compromise on tax cuts and compromise on a deal and short term, look, if you want to get this economy moving again, first and foremost, let's

just preserve all the current tax rates, permanently. let's say to maul business owners, family farmers, working families, what the tax law says today is going to remain the tax law. now, that doesn't preclude tax reform in the future. i think we ought to do tax reform, but create certainty. martha: you don't have the majority right now in the house and this is not likely to get through, so you know, if you want to bring relief to the people, is there going to be have to be some kind of deal before january 1st? >> well, look, i get that, i get that if we want to do it now, as the -- >> martha: you have to do it now, right? because once they run out, they run out. >> well, right. if congress fails to act the average american family will see a tax increase of $1500 there, will be a $3.9 trillion tax increase that essentially takes effect on january 1st, but if they fail to act in a way that's in the broad best interest of the american

people, republicans are going to take charge in january, we're actually meeting today for the very first time with a group that will be the 112th republican conference on capitol hill. you know, we would make job one in the new congress to retroactively work to ensure that no american sees a tax increase, not one. martha: you know what, your opposition will say same old story, you know, republicans want to protect the rich, the president says that he wasn't elected to save fat cats and worry about people who make a million dollars or more, millionaires and billionaires are the words that david axelrod talks about, they say get over t. give the middle class the tax break and let's not wait for it. >> yeah, we've been hearing that kind of attitude for a while, kind of get over it, we won approach. the american people gave washington i think another think on november 2nd when they sent an extraordinary generation, a new majority to capitol hill, and i think part of that was the

american people were saying we don't just want to change congress, we want to change direction, he said the era of borrowing and spending and bailouts and takeovers and end the era of tax increases and all this ri lick -- ridiculous class warfare rhetoric. we know that tax rates are not enough to create economic growth. martha: and that's the philosophical conversation that it comes down to. >> let's be clear, martha. we're talking about a tax increase. all this talk -- there's a little blurring of the lines between the administration and liberals on the hill that it's a debate over tax cuts. no, it's not. it's a debate over making permanent all the current tax rates, and that's what jim demint and i are committed to fight for this week. martha: the other thing that everybody wants to know when they see mike pence these days, you've made some indication you might consider running for president and it was pointed out to me that in the last cycle, a lot of people had already declared by now. when will you make your

decision? >> obviously we've been humbled at the encouragement we've received to consider seeking higher office, either in indiana or nationally, but my little family and i are absolutely drmd to take the next couple of months and prayerfully consider those options, we're listening, we're praying, and we'll make a decision sometime after the first of the year. martha: after of the first of the year. congressman pence, good to talk to you as always. >> thank you. martha: fox news is profiling actually 12 potential gop presidential contenders for 201. -- 2012. tonight it happens to be mike pence's turn for that story, that he's been working on a while. very interesting interviews for 12 people who may be considering a gop run in 2012. that's at 6:00, do not miss it on "special report". bill: to the crime story out of ohio, the search is not over for her mother, son, missing family friend, the daughter, a 13-year-old, was found sunday bound and gagged in a man's basement,

that man is now charged in her kidnapping. rick leventhal in musn't vernon, ohio what is the latest on the search there? >> reporter: bill, the sheriff has told us they did recover significant evidence, including a tarp and trash bags closed with duct tape. they said they have a receipt from a local walmart that the suspect, matthew hoffman, where he bought a tarp and trash bags, divers at a nearby park, searching shallow waters, including snorkel gear, looking for evidence of the missing three people. they've been also searching in the woods near the family hole and woods near where the mother's pickup truck was found, though no sign of the missing three people yet today. bill: what about the suspect i mentioned, the latest on him, and is there cooperation with him, rick? >> reporter: well, not as far as we know, bill. i spoke with his public defender yesterday who told me he was cooperating with his attorneys but not necessarily with authorities, but we did get a good look at matthew hoffman who appeared via

video from his bond hearing. they kept him in jail because of the high profile nature of the case and he was wearing a suicide gown because of the possibility that he might do harm to himself, but no word on if he's given word to where the missing people mighting. >> the home, that is the hoffman house, what can you show us? >> this is matthew hoffman's home, the home where police say they found that 13-year-old girl gagged and bound in his basement, neighbors say say -- say he used to sit on the roof or in these trees and listen to conversations -- conversations. he apparently liked to trim trees, and that is fire pit, where he apparently liked to burn fires a couple times a week. bill wait to go solve that mystery. rick leventhal, thanks. martha, what's coming up? martha: a different subject now. wall street open for business this wednesday morning, quick check of the

markets, down 3 1/2 points, a little negative economic news weighing on the markets, 11020, as it hangs on to that 11,000 mark. we'll keep an eye on it. bill: up and down. martha: that's the way it goes! it's been going up forever. bill: taxes, right? they may not be the only thing that -- >> martha: they're usually up. bill: could democrats try and pass immigration reform before a new congress is sworn in? one of the bill's biggest supports is here and he'll tell us what the president said to him recently on that. martha: this november, check that out! another palin, awaiting the decision. will bristol come on top in "dancing with the stars"? she made it into the finals. >> ♪ >> ♪

bill: you know as we mentioned, tax cuts get a lot of attention in the lame duck session but also there's another issue not getting as much attention as it should, will democrats pass immigration reform or a form of it during the lame duck snetion the bill is known as a dream act, would create a path of citizenship for young illegal imgrants who came here to the u.s. with their parents when they were young children. one of the bill's biggest supporters is illinois democratic congressman luis gutierrez. sir, good morning to you and welcome back to our program, ""america's newsroom"". you talked to the president about this yesterday? >> just yesterday. bill: what did he tell you about what he would like to see on this? >> he said that he still believes in comprehensive immigration reform but he understands in the lame duck session, he will be for a

downpayment towards igration reform and will be focusing entirely on the dream act as a partial measure towards comprehensive immigration reform. bill: what does a downpayment mean in this form? >> well, it means that the dream act is but one component of a broad series of measures to bring about comprehensive immigration reform, border patrol issues, we have internal security issues in terms of who can get a job, the biometric card, how many can come on a visa to come and join different industries. there's all kinds of different parts of it but this will not affect 95 percent of the undocumented workers. bill: i apologize but it's like an incremental step toward overall -- >> no, here's what it is. what it is is the opportunity to do something in which there were 11 co-sponsors, republican senator co-sponsoring -- co-sponsors. there's a lot of consensus. our military brass, rupert

murdoch, as he's affectionately known at fox news -- >> bill: please continue. >> but you know what i'm saying, he's for it, we have broad business support for it, the military is for it. let's remember, bill, as you know, these are young adults who came here as children. they've been educate our schools, they're going to college in most instances, they have to graduate from college in order to get legalized or they can join the u.s. military and make that u mat sacrifice for the united states. bill: back to the statement about a downpayment, that sounds like an incremental step, it sounds like what the health care debate was about, moving to a public option. you take a little bit of it so you get all of it. >> no, let me put it this way. it's where there is consensus today. in other words, there are party leadership on both sides of the senate and house, there's business, military support, there's

religious support, so it is the part of comprehensive immigration reform that has a lot of support now and we believe we can get passed. bill: we have breaking news. i want to make this point, too. many would argue that latinos want this passed. there are millions of latinos in america who came here the legal way and believe that is the proper course for citizenship and not by way of the dream act, and i'm sorry to cut you off here but i got 15 seconds for an answer. to them you say what? >> i say the following. these are your brothers, your cousins, your nephews, these are part of your family, the coworkers, the kids going to school with you, you care about them immensely, it would be really great, because it's really one family of people that are out there. they came as children. we shouldn't hold children responsible for the actions of adults. bill: many arguments on this luis gutierrez, we'll pick this up again tomorrow. breaking news. martha: we have incredible

video from buenos aires, a three-year-old girl fell, she was outside playing, she fell down there, they sent the camera down and she survived the fall. the mother got her to climb into a net and she was pulled up out of that net. we'll get a look at her face. pulled the net up. three years old. thank goodness she survived this fall down a well. bill: remarkable. memories of baby jessica, right? >> martha: she hit the bottom of that. bill: jessica, that was in texas. we talked about that during the chilean miners' story. what a moment. you hear the people cheering in the background and hurray for them, too. martha: incredible. let's talk about something that's going to get a ton of attention this morning. he is the very controversial head of medicare, he's the man that president obama installed without senate approval, he was a recess

appointment. remember this buzz about dr. donald berwick? he raised a lot of eyebrows in controversial statements about sharing the wealth when it came to health care and how health care should be paid for. now lawmakers are going to get a minute to ask the man a few questions. he's about to testify and we'll take you there live. bill: what's next for the man, one of the most prestigeious honors in the u.s. military. that is next, also.eted martha: great story. my mortge - wonderful story.

martha: is that you? dancing with the stars. look at them go. bill: break dance! maybe the christmas party!

bristol palin survives to dance again, that's sarah palin's daughter, overcoming low judge scores and she's in the finals now. brandy got the boot last night. sheet compete for the mirror ball trophy against jennifer grey from dirty dancing and kyle massey. martha: all right. to this really emotional and fantastic story that happened, for the first time since the vietnam war, a living american soldier received the nation's' highest military decorations. watch this: >> it is my privilege to present our nation's highest military decoration, the medal of honor, to a soldier as humble as he is heroic, staff sergeant salvator

salvatorea.juinta. martha: it was given to staff sergeant salvatorea.juinta, risking his life in one of the most dangerous areas in the afghan war, to ensure a fellow soldier would not die in enemy hands, he carried him back to safety, he was shot twice during that process, but to hear him tell he he did nothing extraordinary. >> it's an incredible time, but it's also kind of a bittersweet time. times like this, because of this day, i lost two dear friends of mine, and although this is so positive, i would give this back in a second to have my friends with me right now. and there are so many others

that are the unsung heroes of this war and will never come back to a hand shake or get a hug from the family again and you have to take time to remember them, because that is the quality of the american soldiers we have, who go to war and fight and do what's necessary until the battle is done. thank you for coming again, take care. martha: what a fine young man and what a hero, and also recognized during that ceremony were the family of those who did not survive that firefight who sergeant guinta, as well as fellow soldiers and previous recipients as well. he carried back his friends' bodies, and i'm heard the family of his good friends say if it weren't for him, we would not have had -- we would not be able -- they are eternally grateful to him, an he risked his life to bring back the bodies of his friends. it's wonderful that he's recognized in that way.

bill: and he said it so eloquent there, that he stood there representing so many american men and women who respond to the call of duty every day, so a remarkable day. martha: he said that beautifully. bill: in a moment, we're awaiting numerous events, house democrats to determine the fate of nancy pelosi in moments, and much, much more. we have it all covered in a matter of moments on "america's newsroom". let me tell you about a very important phone call i made. when i got my medicare card,

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controversial baggage, and, brand new hour of "america's newsroom" and we are glad to have you with us this morning, i'm martha maccallum. bill: i'm bill hemmer. good morning, good morning, martha. martha: good morning, bill. bill: berwick was appointed by president obama during a congressional recess, the first time the congress gets a chance to put him on the hot seat. martha: we expect things could get feisty with statements like this on berwick's resume. listen: >> any health care funding plan that is just equitable, civilized, and humane, must -- must -- redistribute wealth from the richer among us to the poorer and the less fortunate. excellent health care is by definition redistributional. martha: that got a lot of attention, joining me is byron york, chief political correspondent for the washington examiner and a fox news contributor. good morning. >> good morning, martha. martha: he says good health care is by definition redistributional. >> well, we'll hear about that

today. this hearing at the senate finance committee really has a couple of purposes. one, there are a lot of questions to ask about health care, these days, and berwick is head of the seminar for medicare and medicaid services responsible for the health care of more than 100 million americans and the controversial statements about rationing and limiting the choices doctors have in giving care to their patients, will be questioned and other thing is, this will be the confirmation hearing that he never had. the president nominated him last year and the nomination was going, the process was going normally, and, republicans started asking questions about a nonprofit organization he ran and the contributions it got, anonymously from a number of indices, we don't know the identity of, and, the president recess appointed him and republicans have never had a chance to ask him question until today. martha: what kind of questions do you think he'll get about the health care reform bill? what matters, perhaps more than what he said in the past is what

he'll do in the future, in terms of the reform bill which house republicans want to repeal. >> one of the big questions is the major way to pay for the health care law written in the bill is a half trillion dollars in cuts in medicare spending and, a lot of critics really in both parties are skeptical about whether the cuts will really happen. and if they do what it will mean for people on medicare. for seniors and will get a lot of questions, about, will that happen and if it does, what will it mean. martha: we heard all along during the debate, it is all paid for, half a billion dollars of cuts in medicare, any idea how he'll answer the question as we watch him walken to t into t, live, now. >> he'll suggest cuts are in areas that are not essential care for people and that medicare can make up some of the rest in using the kind of

efficiency measures he has advocated throughout his career. he's big on, for example, making doctors give their care according to choices that have been determined by expert panels. giving doctors less discretion in treating patients. which would, if -- implemented, lower the cost of care overall. martha: that will get a lot of attention, byron, thanks for helping us lay this out and reminding everybody why he was controversial, he never got a hearing, he was a recess appointment and this will be his hearing this morning and, byron, thanks so much. we'll keep on it, folks at home and if we see anything that is newsworthy we'll bring it to you. bill: certainly will, one story we're watching and also, watching and waiting to hear who democrats will elect to lead their caucus in the house, into 2012. democrats now behind closed doors to elect their leadership, this currents team is nancy pelosi, steny hoyer, jim clyburn from left to right on the screen, expected to remain intact, despite the devastating

election losses suffered by democrats 15 days ago. chief political correspondent, carl cameron back at his post on the hill. good morning, pick up the story from here. how much angst is it causing democrats? >> reporter: a lot of it and a lot of it across the democratic spectrum, and the caucus, liberals, centrists and the conservatives deleft in the matr have heartburn and she will not be re-electeded by ac claim nation, and there will be a challenge, by the congressman who said he was going to run against her in his re-election campaign and the few conservatives, south carolina -- north carolina republican -- democrat, excuse me and former nfl quarterback, heath shuler will make the challenge and he'll be defeated and there will be two lieutenants, reestablished by the acclamation of the democratic conference, steny hoyer, the number 2 and jim bclyburn, the leader's assistant, a created job by nancy pelosi and a bit of a

power player that is giving democrats a headache, the conservatives who think, her agenda is bad for the party and centrists who think that the battle that she set up with her lieutenants are corrosive and a handful of democratics who said let's not do the election until after thanksgiving because we need to reflected on the beating we took in 2010, and, we'd like to slow down, and, the republicans have an election, too, john boehner will become the speaker of the house, today, and, rather they will elect him and put him in a position to do that next year and comes on this is 61st birthday and the republicans will put him in there. bill: blow out the candles! we'll watch all of that, thanks, carl cameron. martha? martha: we are waiting for a decision in the alaska senate race, a couple of weeks after election day. lisa murkowski back in alaska, planning to address her supporters, after the final ballots are counted which we expect to happen this morning. she has a more than 10,000 vote lead now. over tea party favorite joe

miller and has tried to become the first u.s. senate candidate to win as a write-in candidate. remember, everybody thought she was a little crazy, to take it on as a write-in candidate and look how she ended up. she's the one who will be, looks like, taking the victory and heading back to the u.s. senate, a look at the new balance of power in the senate, democrats, 51 seats, republicans, 46 and that will not be changed by the outcome in alaska, they are both republicans hanging in the battle and two independents, who caucus with the democrats. so, if she wins, she will caucus of course with the republicans. we'll keep on top of that. bill: in the meantime, the pat-do pat-down bringing about nationwide debate. >> put the hands on your sides and slowly go up, i'm going to be doing a groin check, two times in the front and two times out of the back. >>... but if you touch my junk,

i'll have you arrested... bill: now, a lot of questions about touching your "stuff" along with body scanners and whether or not they work and whether or not their dangerous that's biggest travel week of the year gets ready to kick off, the head of the tsa, ready to answer those questions, on the hill and molly henneberg watches that in d.c. what do we expect his answers to be? good morning. >> reporter: he will be addressing the transportation senate committee this morning and he'll have a similar message as yesterday, airport security has to evolve and change and improve technology in order to keep up with the ever-changing threats, and here's more from what he told senators yesterday. >> we want to be sensitive to people's concerns about privacy and about their personal being and things, while ensuring that everybody on every flight has been properly screened. >> reporter: officials say they are trying to keep explosive liquids, gels and powders, that terrorists could hide, for

example in their underwear, and we know about the "underwear bomber", trying to keep it off of planes. bill: one republican lawmaker says it is time to reexamine the tsa. >> reporter: john mica says the tsa ballooned into a huge bureaucracy of 67,000 employees. here's more from him. >> we need to look at this whole process, it is very expensive and i don't think it is that efficient or effective. >> reporter: he says it should be a top priority of the new congress. bill? bill: molly, thank you for that. it is a big story and will continue to get bigger, as we come up on the thanksgiving break, molly henneberg, live in doc. what is coming up. martha: economists and politician from both sides, saying if something is not done about our national debt, it will crush the country. the latest -- look at this, crushing as we speak. the latest proposal from president's commission on reducing the deficit could have

you footing the bill, folks, we'll explain that. bill: also, a veteran new york democrat charlie rangel guilty on 11 of 13 counts of ethical misconduct. will anything actually happen to him? we may find out today on that. martha: and the war next-door, you do not have to go to a foreign land to be on a battlefield, folks. >> we don't have to go overseas to see a war. there is a war, on our home front, the rio grande, and the southwest border, recently the violence has really sparked, we hear gunfire and grenades an bombings going off. escalated so out of control... martha: you'll see it for yourself. the man behind "border wars" on nat-geo, ahead. >> over 9,000 deaths... picking a free detergent is. switch to tide free & gentle in the white and blue bottle. no other free detergent is milder on skin

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bill: we mentioned 30 minutes ago, breaking news out 0 of argentina, a young girl, aged 3, pulled from a 75 foot well,

watch this here: [cheers and applause]. bill: that is just remarkable. that is little vanessa, aged 3. she fell in tuesday, into a 75-foot well and she was not injured. taken away in an ambulance and look how deep the hole goes, she's okay, they pulled her out a few hours ago from argentina, outside of buenos aires. nice story there. >> i feel sad about mr. rangel verdict and i respect him very much and i'm sorry the verdict came out the way it did. >> i love charlie rangel, he's a great guy. >> you thought he'd come out of this okay. >> yep. >> were you wrong? >> well, we'll see how it plays out. what "okay" means. >> the things he was found

guilty of are not something... martha: what do you make of that? you have to kind of scratch your head and wonder, atrio of charlie rangel's fellow democrats talking about his guilty charges in an ethics panel. next, is the punishment phase, and that is set to begin tomorrow. here are the facts: he was found guilty of 11 counts of financial and fund-raising misconduct. that violates the house ethics rules, things that are not allowed to be done by congressmen, they judged according to the bipartisan panel were done by charlie rangel. joining me now is fox news contributor michael goodwin, a pulitzer prize winning columnist with "the new york post." good to have you here. you lay all of it out, saying, you know, in a better world, the response to this outcome would be... what? >> well, look, you'd have a prosecutor now going through this, charlie rangel would be expelled from congress, a prosecutor would be picking up with the evidence the congressional investigators came

up with and they'd look at the taxes and where the money came from, he failed to disclose $600,000 of cash. where did it come from? that is the thing a prosecutor should look at and congress is only concerned that he didn't disclose it and prosecutors want to know, where did he get it? he didn't pay his taxes, all the money he owed. martha: why isn't a prosecutor looking into it. >> that is what i write about. this is a way in which congress is different from rest of the world, a symbol of big government run amock and charlie rangel is judged only by his peers, as you can see from the sound bite they feel sorry for him. martha: everybody likes him, he's a very nice man. and, if i said, one of the things he's pointed out, the good work that he has done for children and talked about that, in some of the sound that we saw but you make a case that he has not served his district well, either. >> look, i think most people in harlem who do vote for charlie rangel like him, they recognize the name, name recognition and

it's tradition and he has been in congress since 1970 and was reelected to his 21st term and many ways harlem lagged behind the rest of the city in terms of job growth and other school performances, it this is ground zero for the charter school movement because the local schools were so lousy and things like that, he played no role in the growth of the good things in harlem and simply represented himself and his friends. and, as you can see from all of these charges, he was abusing his power for a very long time. this is a willful intent to deceive congress, to deceive. martha: he says that is note case, i'm as clean as the white driven snow, or whatever the expression is and he did absolutely nothing wrong and these were infractions, paperwork problems, nothing wrong. and he said they are trying to force it through before the holidays. >> right, he's been denying and fighting and delaying for two years and finally walks out and complains he has not been given due process. look, i think the problem

charlie rangel personifies is the problem of congress in general and, is really one of the problems of government in general, people stay too long and nobody should be at a job -- i think what would happen today if a better world, members of congress stand up and say, he embarrassed all of us and we have to tighten the rules and have a vote on term limits, because people stay around and cumulate power and think in their own mind they are the government and as i say in my column, walk into anyplace in the country, walk into a government building and you, the taxpayer will quickly be directed in ways that will make you realize they don't work for you, you work for them. martha: a recommend everybody look at his piece on this. i know charlie rangel would disagree with everything that you said. and we should say that but thanks for bringing your thoughts here today. thanks, michael, always good to see you. >> 18 minutes past the hour. he may have the blood of american soldiers on his hands, nicknamed the merchant of death.

what he's accused of doing and why some argue he might reignite the cold war with russia. martha: president obama was supposed to meet with republican leaders tomorrow, remember that discussion about, we're all going to get together at the white house, soon as we get back from asia but the republican leaders cancelled. find out what is behind this postponement, right after the break.

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bill: it was supposed to be the search for common ground at the white house, supposed to happen tomorrow, now, the critical meeting between the president and top congressional republican leaders, postponed, wendell goler is watching the action from the us what. what gives here, wendal? >> reporter: the republicans had a scheduling conflict, they say, but it is still unclear when

they told the white house, the upshot is the so-called slurpee summit will now be held at the end of the month. the president announced the meeting, the day after the election. but, we're told that house minority leader john boehner said then that he had a scheduling conflict. it is unclear whether he told the white house at that time, neither he, nor senate republican leader mitch mcconnell announced publicly they'd be unable to make the meeting and so it remained on reporters' calendars and apparently on the president's calendar, until late yesterday when the white house announced the meeting would happen after the thanksgiving break. this is the meeting when democrats and republicans are supposed to decide how to extend the bush administration tax cuts, with the white house, so, widely expected to agree to at least the temporary extension of the tax cuts, for the rich, but, now, it appears, that won't happen, until sometime in december. bill: read between the political

lines here. what does it suggest, what does it mean? what does it is say about -- the relationship? >> the biggest question, obviously, looming over the second two years of president obama's presidency, is whether democrats and republicans will find bipartisanship or whether they will continue the kind of partisan bickering that marks the first two years. the president said when he announced this meeting, that the intent was to get democrats and republicans to come together, here's a bit of what he said. >> president barack obama: at the same time obviously, what will be critically important over the coming months, is creating a better working relationship between this white house and the congressional leadership that is coming in, as well that's congressional leadership that carries over from the prievious congress.

>> reporter: democrats suspect republicans have not decided what the bottom line is on extending the tax cuts and other issues and, on the other hand, republicans may have decided it was as good a time as any to make clear the white house would not dictate to emthem anymore. bill: wendell goler, thanks, sir. martha: we're watching the situation with heath shuler of north carolina. he wants to take nancy pelosi's job and we have tape of him walking in. look at this: >> congressman shuler. ... for today? >> hopefully we'll get the votes today. martha: former football player says simply, hopeful we'll get some votes today. it's an uphill battle, for shuler but he has gotten a lot of attention, saying he thinks democrats need to go in a slightly different direction than nancy pelosi has taken them

and believes he's the man to do the job. we'll see what happens. bill: this is going on, too, the man in charge of medicare and medicaid and faces questions on the hill for the first time. the latest on what could become a fiery senate hearing in moments, a live look there. martha: wait until you see some of this video from mexico. there is a bloody war going on, and is a lot closer than iraq and afghanistan. the man behind the shocking inside look -- and this is dangerous to get the video, folks -- at our southern border, joins us next. >> you spoke in english. he just kept on running up the hill. and there was a bunch of immigrants, coming right... right behind him. >> there was another person on the mexican side, yelling at me, saying, stop rolling! stop shooting video. i know who you are. i'm going to burn your house! saved me a pantload.

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martha: how about this idea i didn't wednesday morning, folks, a national tax on everything you buy? that is one proposal for slashing the soaring debt in this country. the latest draft from the president's bipartisan debt commission, as we learn more what is in there, calls for a one year payroll tax holiday, though, it has been an idea pushed a lot in order to create a few million jobs. and, is coupled with lower income and corporate tax rates as well, taxes would go down in

those areas, and the problem is, it would be offset by a 6.5% federal sales tax. eric bolling is the anchor of "following the money" on the network network a-- fox busines, and what do you think of the plan? 6.5% on everything, i see your white card there, 6.5% on everything, highlighted, thank you very much. corporate taxes cut, income taxes cut and payroll tax holiday, good idea? >> i love it, and by the way, i'm sure we'll hear from a lot of people who watch and follow, whatever, here's the great part. this is a consumption tax and means, if you don't want to consume it you will not pay the tax on it, better than the income taxes we're getting, income tax, local tax, state, local tax, whether you like it or not, they'll take it, when you tax people on income they make you are forcing them out of the job market and companies to go overseas and when you tax

people on consumption you are affecting their consumption, granted and the economy may hurt but are allowing them to make the choice. i don't have a choice on the payroll tax and income tax but i have a choice... martha: but, will people feel enough relief, corporations feel enough relief, to stomach the 6.5%. >> it has to be in unison with the lowering of the income in the federal and the state and payroll tax, you can't do them both. don't give us new taxes, if you give us the 6.5% national sales tax, lower this. do the right thing, so... martha: who knows if anything from the commission will ever get enacted. >> hold their feet to the fire, you know? this is a fantastic idea. for those of us who like -- a fair tax. a fair tax, and, i love the idea, the problem is, i will tell you, democrats have said for a long time the problem with the fair tax or flat tax, it is

regressive and hurts people at the lower end of the income spectrum but in my opinion, if you don't want to buy the iphone or ipad or computer -- >> would it be on food and on necessities as well, this tax. >> again, details can be worked out and they can say it will not be on certain types of food but, they did -- they added another tax, for sugary soft drinks, and it is just, honestly, gets crazier and crazier. martha: a tax on diet coke or sugary soft drinks. >> if it is sweet, you'll pay taxes, they'll find a way, interesting stuff, catch his show, of course, called follow the money on fox business network, on every night, monday through friday, folks at 9:00 p.m. eastern and it's on thursday, though, hello. on at 10:00 p.m. eastern. thanks, eric. bill: breaking news now from the hill, the continues verse yep he -- controversial head of medicare and medicaid, chuck

grassley has had strong words in fronts of the hearing as doctors get ready for looming cuts to the system. there's a budget issue that has to be managed the next couple of weeks, otherwise a 23% cut is set to hit the first of december. dr. manny alvarez, with me now, good morning to you, donald berwick is the gentleman's name, who is testifying. you know him? >> yes. bill: hee has a lot of power. >> and he wasn't voted in, he has to go through congressional confirmation but is in charge of the medicaid/medicare system now and has a lot of tough choices to make because we're looking at a 23% cuts, december 1st, something that has been looming, over doctors' heads the last 2-3 years and comes out of, you know, the '90s when they were trying to balance the budget, of course. at 23%, cut, right now, on medicare reimbursement to doctors will absolutely destroy 43 million people that are

receiving medicare. 2/3 of doctors would probably drop new patients starting january 1st and the access from seniors to get to primary care doctors will be gone and i can tell you now in many hospitals in manew york, hospitals are saying to themselves, if doctors stop taking medicare patients what will happen to the volume of patients that come to our hospitals? a lot of hospitals are working paycheck to paycheck and, not only do you destroy the seniors, you destroy the reimbursement to doctors and now the actual hospitals and that is what will happen and there are solutions on the table and i think congress and the head of medicare and medicaid, ashes peeling to you directly, you should consider things now. bill: like? >> the ama now is proposing a freeze, you know, freeze the current rates for at least two years. don't talk about any more cuts. because, doctors and hospitals cannot make provisions to get

themselves in a better financial state. keep the currents rat rates as are and second, develop a new strategy, they have to develop a new strategy if they will cut costs and i would propose as has been said by other legislators that if you -- if you have an incentive where doctors can practice good medicine and reduce costs and pay them extra, that is the way to do it. and, ultimately those hospitals and those doctors that are not performing well, after two years, take the 23%. bill: speaking of cuts, the guy berwick is in charge of $500 million in medicare cuts, and those have to be passed, too. the issue that needs to be resolved by the first of the year. we are hearing from doctors that are refusing to see patients, because they are not sure of the business model. how will they be paid. >> there is no business model. medicaid, reimbursement to private doctors is minimal, for medicaid patients, let's say one

-- if you want to see doctors see more medicaid patients, we talked about for the reform all the time. make sure, creates incentives, and in other words create for the reform for doctors that see medicaid patients, if i see a medicaid patient i don't want to think for 12 or $15 for a primary care visit i can get sued for millions of dollars over a frivolous lawsuit. create for the reform that protects doctors that see federally insured patients, that is a good answer for you. bill: back to the debate we had during the health care thing, we'll watch the hearing and back and forth of berwick, too, on record as praising the british health care system. and that is something check grassley and others have said, we need answers on that. he was appointed, recess appointment in july, the first time we're getting questions about what is happening with hip and where he intends to go. watch that, here and now. martha. martha: he has gone from a person of interest to now the

lead suspect in the killing of his wife, on their cancun vacation. a hollywood producer, bruand, h has been arrested and he was arrested outside of the l.a. home and mexican authorities wants him back in the country and we'll tell you what will happen next. we'll see.

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but this year, let's trim the budget. get some help from martha stewart that we can't get anywhere else. and spread our money as far as our cheer. ♪ more saving. more doing. that's the power of the home depot. we're lowering the cost of bright spirits. now get a 100 count light set for $2.28. >> i'm jon scott, jenna lee and i will see you in 20 minutes, tsa gone wild, the growing outrage over airport screenings, one woman says she was sexually assaulted by an agent at an ohio airport. and, as hearings begin on capitol hill, and the tsa plays defense. also, down to the wire, in alaska's senate race, one candidate might be ready to declare victory. also, increasing tension between the white house and the gop. what happened to detente in washington, top of the hour,

happening now. martha: it is the war next-door. the bloody battles that are playing out all across mexico now. spilling over the border at times into the u.s. and, it's not just any longer drug gangs who are killing each other, thousands of innocent lives have been lost on both sides of the border. in fact, it was the murder of a u.s. tourist on falcon lake in texas that inspired the national geographic channel to take a look at what is really going on down there. listen: >>. [whispering]. ... >> i have bodies crossing over here. >> someone is crossing the river 100 yards down. >> still in the water? they are still in the water. martha: boy, this is amazing stuff, in this piece, and the producer joins me, of the

series, "border wars" and national geographic channel is owned by the parent company of fox news channel, welcome, good to have you here today. >> hi, how are you. >> great, thank you very much. i'm curious, what shocked you the most as you started getting into the story? and what you learned about the falcon lake area and why it may have been a hotbed for the young man who was killed there. >> well, we were working in laredo texas, up and down the border and we have seen incredible things on "border wars" and we were on falcon lake with border patrol about a month before the incident, and, then, when the hartley story came out it was huge. i mean, it became an international story and we realized that border wars, we couldn't ignore it and so we went back and created the special program tonight that will really show you more in-depth i think than anybody has before, exactly what happened, and why it happened.

martha: the video we're looking at is incredible and the other big, big issue here, is for journalists. it is incredibly courageous job, to be a journalist, covering this story. to you and to all the others out there doing it because people have lost their lives covering the story because the cartels don't want that to happen. let's listen to another piece of video from border wars. >> looked down and i see a van, the guy opens the back door, and pulls out several inflatable rafts. >> he grabbed his camera and started rolling. >> i see the guys coming right under the bridge. he look at me, you're a reporter... and you spoke in english. and he kept on running up the hill, and there was a bunch of immigrants, coming right behind him. >> the cartels don't like any

interference. martha: it goes on to say, nick, the person filming that, said, he said the guy yells, we'll burn your house down. and that is not an idle threat? >> no. we have, as you know, we work with law enforcement incredibly closely ard and are imbedded with them like no other crews have ever been imbedded with them but we've also talked to journalists who live and work down there and victor castillo is a brave journalist and worked for a spanish language station in texas and shared these images and told us the story and what we understand down there is they have to be extremely careful, if they do a news story, it is broadcast across northern mexico as well, and if they say the name of a cartel the mention the name of an individual they may get a cell phone call right away and say, don't do that or they are threatened and victor left the business for a while and we wish him the best but there is

no question all the journalists at the border know, really, doing a heck of a job and the journalists in mexico are actually in grave danger and many stopped reporting and victor says in our piece, journalism is dead down here at the border area. martha: what a tragedy this is, according to reporters without borders, 68 reporters have been killed. who have covered these stories. nick, a fascinating look at what is going on, and we urge everybody to look at it, nick, thank you so much for your work and for being here today. border wars airs tonight, 9:00 p.m. eastern on national geographic channel. check it out. bill: in the meantime, he's called the merchant of death, the suspected russian arms trafficker due in a federal courtroom in new york city on charges he helped fuel deadly conflicts around the world including afghanistan. does he have american blood on his hands? eric sean is in lower manhattan,

good morning there. eric: good morning, bill, yes, he does have the moniker, merchant of death, 42-year-old victor booth, a former soviet military officer in jail behind bars, here at the courthouse, this morning he'll be arraigned, later on, this afternoon. as you said, he's accused of being one of the world's leading arms traffickers, helping to fuel conflicts around the globe from afghanistan to south america and the middle east and africa. he was brought in here to the u.s. last night, westchester county aboard a drug enforcement administration chartered plane, and flew from bangkok where he was arrested in '08 as part of a sting where he allegedly tried to sell surface-to-air missiles to columbia drug lords, being a part of the united states effort to try and curtail his alleged business. and he was charged with trafficking, massive weapons business around the globe for years and reports say at one point he had up to 50 cargo planes, and is charged with conspiracy to kill u.s. nationals and support a terrorist organization and, his

lawyers denied the charges and there is a web site, calls itself the official victorboot web site, and calls it all fantasy and illusion and here's a quote, people are more interested in mysterious scandals rather than the naked truth, victor bout is not and ever was an arms dealer and russia, blasted the arrest saying it was politically motivated and there is some concern, that the soviets and the russians may be concerned that he may still, russian or former soviet military secrets, and is expected to be arraigned this afternoon, and, the justice department says it's a victory of law enforcement around the globe. bill: a story to watch, thanks, eric sean in lower manhattan. martha. martha: he was a producer of one of the biggest hit shows, on t.v. and now, he's accused of murdering his wife. while they went on vacation in mexico. he's now under arrest. he was the producer of

"survivor." bill: also, we are watching the last frontier. that being alaska, the lonely counts for u.s. senate continues, who will win it? miller, screen left, murkowski, screen right and we may get an answer within hours. back in a moment. legal settlemt 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. [ exclaims ] ...with...stage presence. ♪ a new phone witholby surround sound speakers. only from at&t. rethink possible.

martha: he was a produce over survivor and now is accused of killing his wife, they are pictured in happier times, bruce beresford-redman is in custody and a lot of folks waited a long time for this in southern california and he's due in court this morning, a long extradition fight, though, is expected to be what happens next, kimberly guilfoyle is a former prosecutor

and tom is a criminal defense attorney and he'll fight tooth and name not to be sent to mexico, this is not what he wants. >> in fact he went out of his way to flee the jurisdiction where, supposedly, someone murdered his wife, to see he's innocents to get back to california to avoid prosecution in mexico. the united states should absolutely return this individual back to mexico, and be prosecuted for the aggravated homicide that he is charged with there. martha: what would he have to prove? if you want to keep him in california, what will you say. >> an extradition hearing is the equivalent of a probable cause hearing, and you have the extra treaty with mexico and basically you have to establish in any extradition proceeding is dual criminality and the offense which he's charged with having committed in mexico would be also an offense here in the u.s., not a big problem in this case, i'm pretty sure it is illegal to bludgeon your

spouse... i think he will ultimately get sent back but i think there is a big opportunity to delay. the preliminary hearing on extradition will occur quickly, however, following that hearing, assuming the extradition is warranted he can time a writ of habeas corpus. he's going to try to buy time. martha: what happens to him in -- >>... on the table and makes it easier to be sent back and we want mexico to honor the extradition treaty and send people back we wish to prosecute. >> but they often don't do that. >> the 11 page complaints, it is compelling evidence, forensic evidence, blood, and the actual hotel room where she was, and, you can look out the window of the hotel room where she was staying with her chin abody dum the septic tank and, an eyewitness saw him attempting to hit her, and there were fights

beforehand and, he lost custody of his children because a judge -- >> and they went to mexico to patch up their marriage and, we know that that didn't happen. >> and he has injuries on his neck as well. martha: consistent with a struggle. real quickly, before we go, what would it be like, the trial process in mexico, if he ends up there. >> look, i would go out on a limb and say, that mexico's version of due process is not the same as ours, but, keep in mind he could be charged here domestically, for whatever reason the extradition didn't work out because he committed a crime that would violate u.s. law, against the u.s. citizen abroad and is not a picnic to be tried in a federal criminal court, at least, in the u.s., federal prosecutors have a tremendous amounts of leverage, might not be looking at the death penalty but will not be looking at it, either, since they haven't used it since 1950. >> he'll be held accounaccounta and i'd like to see him go to a mexican jail and spend the rest of his life there.

>> before we send him on a permanent caribbean vacation, let's keep in mind, as the last story showed, there has been a tremendous amount of violence in mexico. granted, cancun is somewhat insulated. but, the mexican authorities have a tremendous incentive to portray this as a crime committed by one american on another american tourist as opposed to perhaps a crime of violence... martha: and, that is something to bring up in california, it behooves mexico to put it on this man rather than a drug crime but we'll watch it closely and thank you, you guys make great points about all of that, we'll be watching. thank you very much. kimberly and tom. bill: amid the national uproar about a pat-down a prominent internet blogger is crying foul, saying she was assaulted by tsa officers and will tell her story, right here on fox in moments. and, the tsa responds to her allegations. don't miss that. gh vegetables? gh vegetables? yeah, maybe not. v8 v-fusion juice gives them a full serving of vegetables plus a full serving of fruit.

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