we'll talk about that. >> all right. now the color of your clothing could be considered bullying. that's what one school pncipal says about the color pink. we report, you decide. to "fox & friends" starts right now. >> hey, welcome aboard studio e live in rockefeller center where, by the way, they've put up the tree a couple of days ago. they haven't lighted it up yet. it is ready and the traffic is already starting to bother us but that's our problem, not yours. >> people realize they're going to go to the tree and realize it's just a tree and then go to the local stores. look at this guest list on the show today. senator -- soon-to-be, still senator lisa murkowski will be joining us talking about our victory. will joe miller agree with that outcome? she'll be joining us live. >> brooke burke will be here and she has ideas for kids coming up in the holiday season and we'll

talk with the senator who was the first and lone democrat to say we should not have earmarks. she never brought an earmark home to her state and join us and tell us why. >> she said yesterday those body searches with patdowns are just love taps. also, michelle bachmann from the great state of minnesota joins us along with trace adkins, once upon a time louisiana oilman and now a big country singing star will be joining us live from nashville. >> and a new freshman senator from the state of south dakota and she has achieved a place in leadership, why did that happen? we'll ask that about her. >> she's a freshman that can wear pink. what's news? >> fox news alert. we are just learning that a suspicious device was found at nambia's main airport. i forgot my i. i need to play more wheel of fortune. the suitcase contained batteries

attached by wires to a fuse in a clock but an air berlin spokeswoman says no explosives were found in the bag. yesterday, germany's interior minister raised the security level in light of increased threats. search teams may have uncovered new evidence. volunteers say they found clothe, tennis shoes and hair clips near the area where the family disappeared. they are looking to see if the items are related to the case. a fourth family member, 14-year-old sarah maynard was found alive tied up in a man's home. that guy now behind bars. congressman charlie rangel learns his fate today after an ethics panel found him guilty of breaking 11 out of 13 rules. ethics panel will vote on his punish many, likely a reprimand, censure or even expulsion. that will happen at 12:40 eastern time today. expulsion is considered unlikely. rangel is expected to plead before the committee to plead his case.

lisa murkowski declared victory after the write-in ballots put her 2 thousz votes ahead of joe miller in the race for senate. >> i left washington, d.c. this morning and i wish that i could tell thaw the elections brought in a whole new wave of enthusiasm and cooperation and bipartisan spirit. i had to leave after two days. >> as for joe miller, he's not happy with the way the write in ballots were counted because minor misspellings of murkowski's name was allowed and he's seriously considering pushing for a recount. >> we're going to do it even if there is a significant amount of political pressure for us to pull back and say don't do this, you know, not good for your political future, joe, or this is a thing. that's not why we're doing it. >> coming up at 7:30 eastern time on this show, senator murkowski will join us live from anchorage. and those are your headlines. let's talk about what happened with the gitmo trial. the first gitmo trial in a civilian court here in new york

city yesterday. there were more than 200 counts. 284 against the guy accused of blowing up the embassies, the u.s. embassies in africa back in 1998 so guys, what happened? was he convicted? >> he was. on one count. out of 284, the best the government could do was one conspiracy count. he was charged with 224 counts of capital murder. he's going to walk on that. this morning, the president of the united states, eric holder waking up with a couple of black eyes. let's face it. they had said this wab a trial case and a good case, too, to show that guys like this guy, an al-qaida member who was held in gitmo could be tried in civilian courts. that didn't happen. >> let's get this straight. this is not a question of whether he's guilty or not, it's a question of who is allowed to testify. this guy in 2004 was caught in

pakistan, he was brought from his victory of the embassy bombings, loaded the truck and plotted to blow up the embassies and killed over 200 people and injured 4,000, he was rewarded by a trip to pakistan to be an aide to bin laden and a champion forger with al-qaida. he was caught and brought to the c.i.a. black prison sites and held there. when he was finally brought to gitmo and the presidency changed from president bush where he was going to have military trial to president obama whose attorney general says i have a great idea. let's bring him to new york and try him there at which time he gets brought to trial. they kick out the main witness and kick out what amounts to a confession and say good luck, prosecutors. bottom line is one holdout juror seems to be the one that tripped up this entire process and in which case, he was within a whisker of being released. >> don't you remember the attorney general of this nation, eric holder promised us this. failure is not an option. he assured us that if we tried these criminals in civilian

court instead of at gitmo in military trials, that we would get the convictions that we wanted. remember this? >> at the conclusion of the ghailani case, i asked you to ask me that question again and i'll give you the same answer which is our free courts are fully capable of handling these matters. >> you have to ask yourself this morning whether or not politics trumped this entire situation. president bush was in favor of military trials at gitmo. the first act that president obama did as president was say that he was going to close gitmo. and then they moved the trials to civilian court. where do we stand now for the future of terrorism trials in this country? >> i think it's -- i think, gretch, there is no way now khali shaikh mohammed given the fact that he was waterboarded as we all famously know now that he will stand trial in a civilian court. that will not happen. it can't happen.

>> what about the other 173? what about the guys that we hope to catch down the line. are we going to continue to do this? this one n.y.u. professor that watched the entire trial from start to finish say this is the first time we tried a terrorist with the presumption of innocence. that's not way you're supposed to try these guys. this is a war. bin laden declared it on us. technically we didn't have to declare it on a group because we can't evidently according to the lawyers, but this is an embarrassment. he looks like he's still going to get 20 years but what message is that sending to future terrorists? how much money did this cost us? >> the difference between the military tribunal and a civilian court is this. brian touched on the fact that there was a witness that was ready to testify. yeah, i sold mr. ghailani all the explosives that blew up the u.s. embassy, i was going to say that but the judge, fella by the name of judge louis kaplan threw that out. in a military tribunal, that specific evidence would be

admissible. that guy would be convicted on all the conspiracy for murder charges and the murder charges as well. that's a preview of coming attractions if they do it in civilian trial. >> you have to look at the way the bush administration calls it a war on terror and look at the big picture and the effort that seems to be made to not call it the war on terror and you be the judge and let us know. talk about whaetsz happening with the tsa right now. >> war on people. >> the fight continues on capitol hill. the invasion of the body scanners instead of the body snatchers, i guess, that's how some people are saying it. take a listen to the guy who heads the tsa. >> do i understand the sensitivity? yes. if you're asking am i going to change the policies? no. because i think that's what being informed by the latest intelligence, the latest efforts by terrorists to kill our people in the air, no, i'm not going to change those policies. >> here's the thing, evidently, although we don't hear like the story we broke up yesterday and

a bomb would be bomber was caught at o'hare airport. if we don't hear somebody was talking in dallas. is this actually working? if they're having these victories, why aren't we hearing about it? probably hasn't happened. they have put themselves under their own covert testing and evidently a lot of this stuff is getting through and they narrowed it down to the fact that their patdowns aren't thorough enough and now they're at the point where we're at the point, are we dangerous? >> here's where it comes down, the tsa are using the body scanners that simply don't work. the way the terrorists are trying to blow them up this time are petn and they're trying to hide them inside their body. with the patdown, unless you're using a flashlight, you won't feel something that's hidden in a body. as for the scanners, they don't detect petn or plastics. >> they would detect any kind of thing on you. >> what's the difference between

the body scanner and the metal detectedor that we currently walk through? >> you know what, that's a great question. why have we changed it and blown up -- >> it does not detect liquids and it does not detect petn so if they're trying to blow us up with petn and that doesn't -- and that particular scanner doesn't find it, then, you know, people will walk out and then they'll have the patdown but, you know, if somebody has hidden a bomb in their body, this is not going to work. >> in a cavity. >> how do drug mules smuggle drugs into the country and stuff like that? they put it somewhere. >> the body bomb, the school thought that the underwear bomber would have been detected if he went through a scan because they would have seen the foreign body. >> we talked in the story about the saudi prince who was almost killed by a guy who came into the saudi royal compound and he had the bomb inside his body. the patdowns would not have detected it and neither would

the scanners. why are we doing this? it's crazy. >> well -->> it's a violation of our fourth amendment rights as well. >> ok, you know what? you should have a choice. go on the plane with people who don't go through the scan. >> you don't want -- >> i'm with you on that one because as far as i'm concerned, i'm still going to -- >> we all want to be safe. if we cannot detect a bomb, this petn bomb, why are we doing it? >> because it's the foreign body that would be strapped to a thigh or groin that would be able to be detected. i think their motivation is pure. the machines are good. my feeling is are people going to feel violated because maybe it shows too much and there was a situation where on the internet you saw pictures released of people that walked through. >> all right. for the record, look at my body parts as long as i don't blow up overseas or over the united states while i'm on the airplane. that's how i feel about it. coming up on the show, violent protests over rising tuition prices. this is right here in america. students clash with police after their college hikes tuition.

>> man. do the democrats just not get it? nancy pelosi keeps her leadership position even after members of her own party abandon her. so will this hurt president obama's chances of re-election in 2012? juan williams, andrea tantaros up against the red wall will debate next on "fox & friends."

>> all right. despite crushing midterm losses, historic low approval ratings and a polarizing effect on the democratic party, nancy pelosi will remain the leader of the house for the democrat. the minority leader. that hurts. >> because i'm an effective leader, because we got the job done on health care and wall street reform and consumer

protections, the list goes on. because they know that i'm the person that can attract the resources and intellectual and otherwise to take us to victory because i have done it before. >> what does this victory mean for the future of the party? joining us right now, juan williams, he's nice and he's a columnist and so is andrea tantaros. one, good news for the democratic party? >> not if you're thinking from the white house perspective because they need to reach out to independent voters. that's what they lost in the midterms. pelosi is rather polarizing in that sense, brian. she is a person who can definitely speak for the liberal base of the party. she can even brass knuckle and force tough votes and get them to vote together but does she provide evidence that the democrats are reaching across the aisle? zero. >> representative allan boyd, andrea, came out -- who lost re-election, by the way, says the truth is she's the face of defeat in the last election. >> but she's also the face of obama's agenda.

she got obama's agenda done and that was her role as speaker. nobody should be surprised by this victory, by the way. nancy pelosi is a lot of things but she's not stupid. she never would have said she was going to run if she didn't have the votes to do it and brian, i believe it really depends on what barack obama does. if he moves to the middle and she goes left, democrats are in big trouble. if he stays far left, i think it really could be a wash. >> 150-43. heath shuler said i'm going to give this a shot. he got 43 votes and he wanted to delay first. let's move on. democrats are a little frustrated with the prolonged talk about maintaining the bush tax rates for at least the next year or two. can you tell me the inside story sn ? >> the inside story is, the leadership race is about who raises money in other parties. politics is a business, brian. when you look at deficit reduction, people said they want to reduce the deficit.

at the same time, those very same people, some case tea party people say we want you to extend the bush tax cuts even for the very richest people in the country and the argument is it's not stimulative. >> they need a conclusion by january 1st. >> because the premise of that argument is wrong. they believe that's our money and it's not the government's money. when they talk about it in the deficit, they're saying wait a minute. >> that's not your money. that money was put -- that was put in place by president bush after 9/11 as a temporary measure. that's why it had -- >> not the same as the money they're spending out in stimulus. spending is -- >> if you want, we can argue about the stimulus. deficit reduction is where we're at right now. the stimulus is gone. >> when the economy is down and the unemployment number is still so high, i think democrats are petrified not to keep people all over the place and increase -- >> the fact that this debate is continuing is democrats who are

supposedly upset with the white house for not resolving it. that's what i wanted to get to. >> the thing is they would have to put pressure one way or the other. what you get is conflicting signals, axelrod, the president. the president does not want to extend this for the rich but keep it below $250,000. >> barack obama has no plan on this one. he's dropped the ball. he went off ruby robust in asia and ruby robust in europe. he doesn't have a plan for democrats. they're looking for leadership. there's no deal on the table. nobody knows -- >> they'll have to do something politically. nothing will happen when it's just painful for the democrats right now. they don't want to do it. >> suck it up, get some whiskey and a hot towel. >> it's a political deal. >> lack of leadership. that is a lack of leadership. >> i'm going to show some leadership and tell you sadly, i have to say good-bye. >> have a good day. >> thanks, guys. great job, as usual. federal government refusing to crack down on illegal i mmigra s

immigrants. a gunman forces teenage workers and families to the floor inside a chuck e. cheese. this real life drama, how it played out next. ♪ ♪ ♪ ♪

[ male announcer ] every day thousands of people are switching from tylenol® to advil. to learn more and get your special offer, go to takeadvil.com. take action. take advil®. when we all become doers. when our mittens double as wk gloves. and we turn every room into a project. 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.

>> the search resumes for an air force pilot after a plane went down during a training. it was spotted north of anchorage. there's still hope the pilot ejected and survived the crash. general motors begins public trading this morning on wall street for the first time since entering bankruptcy in 2009. the initial public offering, a staggering 478 million shares at $33 each is set to raise more than $20 billion. it's one of the largest ipo's in u.s. history. >> i hope he's going to get coffee. that's all i can say. >> i think he went to his

stockbroker. back in 2007, prince william county became the first large jurisdiction in the country to adopt a strict immigration enforcement policy. that move was widely criticized. we've talked about that here on this program. >> but a new study by the university of virginia shows crime has dropped since the policy went into effect. the chairman of the board of supervisors for prince william county, virginia and our guest this morning. good morning to you. >> good morning, gretchen. >> these are amazing stats. after a three-year study here's some of the stuff that's happening. 41% drop in the hit-and-run accidents. 46.7% decrease in aggravated assault. you say that's because of your policy? >> actually, it's not just for me. it's knowledge from the university of virginia, james madison university took part in this study and the police research form concluded that the drop in aggravated assaults and hit-and-runs in particular was due to the crackdown on illegal immigration in prince william county. these are neutral organizations that have now concluded that

cracking down on illegal immigration drops crime. >> ok. so for folks who are unfamiliar with what you folks are doing out there, how are you cracking down? >> pretty simple thing. if you break the law and arrested for any crime, it can be shoplifting. it could be drunk in public, we mandate that our police officers check the immigration status and if you are, in fact, an illegal immigrant, you serve our time in jail, serve your time in jail and then handed over to ice for deportation. >> what has been the relationship between you and ice? we've done countless interviews on this show if in fact the city or county is tough on illegal immigration, ice isn't. >> well, the men and women who work at ice are just fine. they're doing a good job. the problem is the political leadership over there, morton is terrible. they are essentially have established an amnesty policy by default, they issued an

employment authorization card to someone who they knew was an illegal immigrant earlier this summer. that person went out, then, and got a virginia driver's license and killed a nun. that was just this past summer. >> right. >> so that's what's going on at the political leadership at ice. >> and i understand that -- and it's reflected in this u.v.a. study, significant number of illegals because you were cracking down left the jurisdiction. so i would imagine that probably ultimately saved you some money, didn't it? >> well, you know, more than anything, it saved us lives. and we had a 32% drop in our overall violent crime rate in prince william county. prince william county, by the way, very large county. second largest county in virginia. and fairfax county, neighboring fairfax county, they had a stable crime rate and prince william county's dropped by 32% over the same period of time. >> let me ask you this. we're all familiar with the federal government suing the state of arizona for trying to crack down on illegal immigration. have they come after you or is it different?

>> well, they did early on. in 2007, we were sued by a couple of liberal groups and our policy unlike arizona's withstood the scrutiny it was upheld by the judge in federal district court judge in alexandria, virginia, so we've got a legally sound policy when we now believe is effective and that can be safely replicated across other jurisdictions across the country. >> and now the university of virginia has verified that information. all right. from prince william county down in virginia, thank you, sir, for joining us live. >> my pleasure. >> interesting stuff. >> very. >> new investigation into big bankers, a criminal investigation now. is this the best way to spend your money? charles payne, our business guru says no. >> and the color of your clothing considered a form of bullying? well, that's what one school principal is saying. we'll report and you are going to decide. >> then get off facebook or get

out of his church. the pastor who is ordering married church members to delete their facebook pages. >> but first, happy birthday to chloe. i'm not really familiar with her name but i love her in the movies. she's 36. happy birthday. ♪ every time it's so right ♪ well, it feels so good [ female announcer ] when you have a softer bath tissue, you can joy going more... while still using less. introducing w charmin ultra soft. new charmin ultra soft has an ultra-cushiony design that's soft and more absorbent. so you can use four times less versus the leading value brand. [ both ] ♪ soft to the touch... [ female announcer ] using less never felt so good. new charmin ultra soft.

enjoy the go.

it's true. you never forget your first subaru.

>> here at "fox & friends", we've got a really cool thing we are planning for our friends out there in tv land. >> it's been a big year for military members returning home. if you're one of those members and you had to postpone or cancel your wedding because of deployment, we want to hear from you. in fact, we want to throw your wedding for you. look at those happy pictures there. that's what we want to do here on the show. >> if you're available to be in new york city on december 2nd, 2010, that is soon, go to foxandfriends.com and e-mail us right away. we'll do it. i'll pick out an outfit. we'll be ready to go. >> we would like to throw your wedding and go -- for more information, go to foxandfriends.com and underneath the big picture, you'll see that

link right there. when you click on want to get married on "fox & friends", it sends us a direct e-mail. it would be great to be featured in our special christmas show coming up. get on it. house minority leader john boehner and house speaker nancy pelosi are officially doing a job swap. that's just the beginning of the big changes being made in congress. julie kirtz live from washington to tell us who else has new jobs up on capitol hill. good morning to you. >> hi, good morning. new congress but old leaders, at least for the very top spots of the incoming 112th congress following those leadership elections here, john boehner will be the new speaker of the house. on the democratic side, nancy pelosi was elected as minority leader. none this is a surprise. she's holding on to her power after a challenge, though, that's not the whole story. republicans have tapped two freshmen for high profile jobs.

they'll serve in a newly created leadership positions essentially freshman class reps to the g.o.p. leadership. t noem says the freshmen are on a mission here in washington. >> majority of us ran on that we don't spend more money than we have. that we give people more freedom than they feel before the administration came into office. >> for democrats, a new position has been created in their leadership ranks. clyburn will take the term assistant leader. he'll be number three behind steny hoyer and nancy pelosi, the next minority leader overseeing a diminished democratic caucus, smallest group of house democrats since the truman administration. back to you guys. >> that's a good history fact for us. julie kirtz, thanks so much. live from washington. still ahead this morning on "fox & friends", we have senator lisa murkowski, congressman michelle

bachmann and congresswoman elect. >> apparently no guys on capitol hill would return our phone calls yesterday. >> we have charles payne is who is all man. president obama heads to portugal later this evening, he'll attend a meeting of nato leaders. while there, he's expected to acknowledge winning the war in afghanistan is going to take four more years. the u.s. is apparently prepared to join with other nato countrys in a long term plan to gradually turn security over to the afghans by 2014. we do all the work and they get all the credit. >> now it's hang here. protests in san francisco over proposed tuition hikes. 13 people were arrested in confrontations over a possible 8% increase in fees at the university of california. about 300 people, mostly students have gathered outside a meeting of university regents and then it got noisy and people started throwing stuff. the meeting continues today and school officials say it's likely the increases will still be approved. >> meanwhile, pizza night turned into a scary ordeal in

california when a masked gunman robbed a chuck e. cheese's restaurant. surveillance video captured the incident. one of the thieves put a gun to an employee's head while the other two rounded up parents and children, it was crazy. they put them all in a storeroom. police arrived moments later but the robbers were gone after emptying out all of the cash. thankfully, nobody was seriously hurt. >> from the basketball court to divorce court. actress eva longoria. sorry you have to hear it on the teleprompter, gretchen, has officially filed for divorce from her husband. san antonio spurs point guard, he's french, tony parker. the couple has been married for three years. parker allegedly cheated on longoria with the estranged wife of his former teammate brent berry who actually introduced them to each other. so -- >> sure about the marian berry part? >> right. >> that's very, very sad. >> sounds like an episode of her

show. >> that's very good, steve. "desperate housewives." they're both rich so there's not -- >> didn't he just sign a contract for $45 million two weeks ago? >> right. she makes a lot of money, too. just shake on it. >> self-sufficient. let's talk about this. what color would you like to wear to show your team spirit? one school called the whitman hansen regional high school in massachusetts, the different grades wear different colors for a big football game coming up on thanksgiving. seniors wear black and the juniors wear red and the sophomores wear white and the freshmen wear pink. not anymore because now the principal there, they have a new anti-bullying policy. and he or she believes that pink can make people want to bully others. >> let's listen. >> wearing pink in a rally and being forceed to do something that's against your will or just because it's your -- a tradition doesn't necessarily mean it's right. >> even though it's pink, it's a girl color, it's the freshmen

color and they've always worn that for as long as i can remember. >> what they're doing instead is asking everybody, you know what? just wear school colors. >> here's the thing, pink is no longer -- cannot be taken as a color that might distinguish you from being teased. so evidently, they feel as though if you're a freshman, if you're a freshman and going to get beat up, i mean -- >> apparently that's the idea. well, you know what? just so long -- before they had singled seniors out, juniors, sophomore, freshmen and now everybody wears the same color. i don't think that's a bad thing. school color. as long as they're not gang colors. >> ok. we agree. >> we agree. yes! yes! finally something this morning. ok, general motors began public trading this morning on wall street for the first time since entering intrubankruptcy in 200 it's not all good news according to charles payne. why is it not good news? >> it will be touted as good news. there's a lot of problems with

this but the most important thing is the initial public offering, the cheap insider stock that every investor clamors for, most americans couldn't get a piece of that. the average person, if you had an act at charles schwabb, you could not get any of this ipo despite the fact that your tax dollars were ripped from you to save this company. i think it's absolutely appalling. here's the deal. 17% of the ipo went to foreigners. now, part -- >> china got 1% of it. >> china got 1%. middle eastern solvent wealth funds got a piece of this. when we say part of the argument for saving it was national security. we couldn't give it up and here we are, believe me, that chinese company that has 1%, they're going to slowly but surely take all the technology out of that company. >> so the big money pulls are coming from institutional investors. forget the fact that we bailed out the auto industry. essentially since they're getting the insider low price, they're getting a bailout, too. >> absolutely.

they're getting what you essentially would call free money. more than likely when the stocks start trading today, open up in the high 30's so these instantaneously. >> bought it at 33. >> instantaneously, these insiders, these institutions, these foreigners will probably be up 15% to 20% before the day is over. >> so why can the average joe not get in on it? >> no one has explained it. this is a hot deal. by the way, a week ago it was going to go out at $26. they expand the offering and the price and you would think ok, the extra 100 million shares, it would be open to even more people but it wasn't. >> we have ron bloom coming up on the show. he was part of the whole cars czar program. we'll ask him why the average -- >> i think it's absolutely, you know, despicable. by the way, still the taxpayer is owed $38 billion to "break even." now, if we break even, as taxpayers, as insiders, these guys who got the ipo, they'll be up -- back at about 50% to 60%. >> sweet to be a big shot.

>> it's a little disingenuous. >> what's your take on this new fdic probe of 50 banks? a criminal probe into 50 banks. do you think that's a good thing? we still don't know what happened. >> there are pros and cons to it. listen, this is basically a shakedown. they have directors and officers. that's what they're going after. they did this in 1980's after the s&l crisis. they recovered $6 billion back then. this also tries to mitigate the responsibility of people that were in charge like the fdic in making sure these debacles didn't happen in the first place. the government's lackluster role in the whole thing and also the part in creating the housing crisis so it's -- you know, on one hand, it's sort of -- probably end up getting some money from this but on the other hand, one of these things sort of sleight of hand, if you will. >> but we want to pound the flesh, if these are the guys that brought us to our knees, let's do something. >> we want our pound of flesh. one thing that's held us back is

this main street vs. the bankers so now, if i'm a banker and you're on the margins, even though i know you lived in the same town, i know you're a good man, and i think well, if i give him this loan and we go belly up, they may take my house, you're not getting the loan. >> that's right. >> so it's good in some sense but it's bad in other sense. >> really? you are so fired up. >> even if i did. tell me what's coming up on varney & company at 9:20. >> i'm hosting "varney & company." >> all i got to do is sit tickets on his desk. >> really, it's going to be a great show. we'll talk about general motors but also, trying to ask everyone to take a pledge, not another penny to bail out california. we'll ask mike reagan about it today. >> he lives in california. >> he lives in california. >> thank you. >> good to see you. >> coming up on the show, one of the country's largest retailers offering completely free shipping for the holidays. even on the expensive stuff.

got to hear who that is. >> and next, the pastor who says get off facebook or get out of my church! he's here to discuss his plan to keep husbands and wives faithful. he's had enough. ♪ express yourself ♪ [ female announcer ] the newest seasonal flavors are here. ♪ express yourself ♪ [ female announcer ] because coffee is like the holidays. it's better when you add your flavor. coffee-mate. from nestle. and the life you want to live. with rheumatoid arthritis, there's the life you live... fortunately there's enbrel, the #1 most doctor-prescribed biologic medicine for ra.

enbrel can help relieve pain, stiffness, fatigue, and stop joint damage. because enbrel suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis,@ lymphoma, and other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis. ask your doctor if you live or have lived in an area where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, while on enbrel, you experience persistent fever, bruising, bleeding, or paleness. ask your rheumatologist if enbrel is right for you. and help bridge the gap between the life you live... and the life you want to live.

♪my country, tis of thee, @ sweet land of liberty, of thee i sing;@

ohhhhh, land where my fathers died,@ land of the pilgrims' pride, from every mountainside, let freedom ring! ♪ >> quick check of the headlines now. england's royal bride-to-be is preparing to quit her job ahead of her upcoming marriage to prince william. she's in charge of marketing at her parents mail order company but will soon become a working member of the royal family. i guess that pays better and best buy just got better. the electronics giant offering free shipping this holiday season. the deal lasts through december 21st. i start usually shopping december 22nd. expensive items are included but others like large appliances and tv's are not. steve?

>> thank you very much. thou shall not use facebook. this sunday, a new jersey pastor will urge married church leaders to quit the social networking site facebook to set an example for his parishioners. reverend cedric miller believes it only creates tensions through couples and lead to adultery. that has been documented. he joins us from orlando. good morning to you, sir. >> good morning. how are you this morning? >> i'm fine. thank you very much. i understand what you're going to do sunday at 10:15 is ask your church elders to hurt quit -- turn off their facebook accounts or resign. right? >> well, i'm going to strongly suggest with all the fervor that i can muster to say let's stand together as the leaders to show that this is hurting so many and whether they are stronger or weak or whatever the case is, if they're having issues with it, let's be brothers in christ and say hey, we'll stand by you and all get off of it as so many are

being hurt by it. >> sure, when you talk about facebook and i know in this past week, you've had two or three incidents where people have come to you and talked about hey, my spouse is cheating on me because they've reconnected with somebody that they went to school with or that used to have a romance with on facebook. right? >> that's absolutely true. >> now, you have a facebook account, right? >> yes, i do. >> and that's to keep track of your kids, right? >> not to keep track bought we talk and we share and i use facebook as many millions out there use it for a good thing. i'm going to miss it. >> sure. what you instead are suggesting people do is set up a family facebook page where the husband and wife both have access to it, right? >> absolutely. >> and how would that work? >> provides for accountability. >> say that again. >> so provide for accountability. and both husband and wife would have the password so you'd know what was going on. >> absolutely. >> what's been the reaction from your parishioners so far to your

suggestion that the church elders leave the church unless they quit facebook? >> i have never, ever once said that the church elders would leave the church unless they quit facebook. there's no thou shall not facebook in scripture and no biblical mandate that i could use to make that kind of a thing. we have a highly intellectual church and that wouldn't fly anywhere. so i've never said that nor am i saying that now. we're asking leaders to lead by example. >> exactly right. all right. it will be interesting to see how it all shakes out. thank you very much for joining us today from orlando to tell your story. >> oh, thank you so much for having me. >> very good. >> what do you think? you think that's a good idea? does facebook ultimately lead to a lot of marital infidelity? the answer is yes. would you give up your facebook? e-mail us right now, friends at foxnews.com. straight ahead, sarah palin saying she could win in a run for president against obama in two years. karl rove has a warning for all

republican contenders, michelle malkin weighs in at the top of the hour. and then it promises to help the millions of americans affected by bad cholesterol and high blood pressure but does the treatment work? our medical a team will report for duty next.

>> all right. this is amazing news. it could be a groundbreaking drug that turns bad cholesterol into good cholesterol but there's still much skepticism about its ability to reduce heart attacks. dr. kumer and dr. siegel from our medical a team join us now. dr. siegel, tell us about this new good drug. >> we have bad cholesterol and we have good cholesterol. good cholesterol is like a garbage truck going around

getting rid of the bad cholesterol. this new drug is like a tongue twister, it will give us some fancy name in the end. but what it does is it takes the bad cholesterol and converts it to good cholesterol. they did a trial on it now. over 1,000 patients published in the "new england journal of medicine," very prestigious and it looks like it works and it looks like it's safe whereas the one we had before a few years ago was not safe, caused more heart problems and high blood pressure. here's the million dollar question or in this case, a billion dollar question. it will be a billion dollar drug probably. does it actually cut down on your risk of heart attacks? we don't know that yet, gretchen. that's going to take another study with 30,000 people involved $150 million that are spent in oxford and england, we'll know that answer by 2015. if it cuts down on heart attacks, it's something we'll want to use. >> wow, sounds like it could be a major breakthrough. let's move on to something else. the f.d.a. ruling on that drink, the four loko drink that combines a huge percentage of

alcohol. i think it's 12% to 13% with caffeine in the same drink and dr. kumar, they had 16 problems with people going to the hospital so they said you can't sell this. >> absolutely. the f.d.a. finally did step in. they don't have to approve every drink or beverage that goes on to the market even if it contains caffeine, what these drinks contain. these stimulants, what they end up doing is they're masking the effects of the alcohol so they keep you awake and keep you feeling stimulated rather than starting to feel tired. if you're drinking heavily, you would stop drinking because you'd feel tired. that's how people end up overdoseing on this medication. it's completely unsafe. four manufacturers have decided they're going to pull this beverage off the market or pull the caffeine out of it because they are taking responsibility for it. and they do need to take responsibility for the effects of the beverages. >> yesterday on the radio, i

heard kids in droves are going to buy as much stuff as they can before it goes off the market. >> absolutely. it looks so beautiful in the bottle and it's fruit juice and a very dangerous situation as dr. coomer says. you should be lying down as she said, instead, the caffeine makes you awake. even after they take the caffeine out of this, i still don't like it. it looks like fruit juice. >> remember, one of these cans contains enough alcohol for five or six beers. >> it's 13%. dr. coomer and dr. siegel, thank you very much. good luck with your baby. everybody will be thinking about you. why john stossel says he might skip thanksgiving dinner? holy cow. >> maybe i shouldn't eat this! did you know that all these foods are filled with chemicals. >> so is organic any healthier or just more expensive? stossel here next hour. are patdowns the best way to

stop terrorists? we'll talk to the head of the safest airline in the world. lisa murkowski, brooke burke from "dancing with the stars" trace adkins and congresswoman n noem.

we filth with extraordinary craftsmanship. we fill them with amazing technology. and we fill them with inspired design. and now your chevy dealer wants to fill them with as much good will as we can. come see how chevy is giving more. right now, get no monthly payments till spring plus 0% apr financing and fifteen hundred dollars holiday allowance onost chevy models. see how your dealer is giving at facebook.com/chevrol.

>> top of the morning to you. thank you for sharing your time. if it was a dry run for terrorists in the u.s., look out. a civilian court just cleared the first man from gitmo of nearly all charges. one conviction out of 284. so how will the obama administration try the mastermind now of the 9/11 attacks? >> all right. by the way, despite getting swept in the midterms democrats still choose nancy pelosi as the leader. but why? >> because they know that i'm the person that can attract the resources plus intellectual and

otherwise to take us to victory. >> oh, yeah, really? so much for listening to the american people. steve. >> brian, we don't know if she's running yet but sarah palin has already got a good feeling. she says she can beat our current president. but some republicans are saying not so fast. "fox & friends" hour two for a thursday starting right now. welcome aboard, folks. >> all right. you are welcome aboard. straight up at 7:00, before we talk about things that are going to get michelle malkin hot and bothered, let's first find out the news. >> all right. we have to start with a fox news alert this morning. we're learning this morning that a suspicious device was found in a suitcase at namibia's airport delaying a flight to munich, germany. the scan showed the suitcase contained batteries attached to a fuse and a clock. not a good thing. but an air berlin spokeswoman says no explosives were found in that bag. yesterday, germany's interior minister raised the security

level because of increased terror threats. search resumes this morning in alaska for the pilot of a downed f-22 fighter jet despite overnight temperatures down to 9 below zero. the air force is hopeful that the pilot ejected and survived. wreckage was spotted about 100 miles north of anchorage. the f-22 disappeared from radar tuesday night during a training exercise with another aircraft. the second jet did return safely. search teams may have uncovered new evidence in the case of that missing ohio family. volunteers say they found clothing, tennis shoes and a hair clip near the area where the family disappeared. police now looking to see if those items are related to this case. a fourth family member, 13-year-old sarah maynard was found tied up but alive in a man's home and he is behind bars. congressman charlie rangel learns his fate today after an ethics panel found the democrat guilty of breaking 11 out of 13 congressional rules, the ethics panel will decide its punishment

at 12:00 eastern today. he should be reprimanded or even expelled but expulsion considered highly unlikely. rangel has been invited to appear at the hearing. talk about a touchy subject. new beefed up security measures at airports igniting controversy across the nation and now one district attorney in california is vowing to prosecute airport security agents who overscreened passengers during patdowns. >> if it's skin to skin, if somebody were to take their hand and put it underneath somebody's blouse inappropriately and go skin to skin, that's a felony. >> d.a. steve wagstaff says that he'd charge screeners with sexual battery if they go too far. patdowns are required for passengers who refuse full body scans. wonder who will want to work with the tsa? >> don't break the rules. >> that's the -- >> that's a hot debate in the country right now. let's bring in michelle malkin poised to deliver but first thing's first, michelle. welcome to you. good morning. >> good morning. >> your reaction, your reaction and i know it's -- it's direct.

from the ghailani trial and the results that had him charged with over 280 different charges and has him convicted on just one. >> i think there's only one adjective you can use for this. it was a travesty but entirely predictable. people who have fought long and hard about the whole quandary of enemy combatants in a time of war and how they should be treated have warned for years prior to 2001 and certainly afterwards that this was -- this was exactly the kind of result that you would see. the conclusion here, the decision that they came up with defies logic and common sense. they convicted him on a single charge of conspireing to blow up two buildings and yet, did not find him guilty of murdering the 284 people inside the building? it makes no sense and from the reports that we've seen, there

was one juror who was a holdout. it looks like this was some sort of strange compromise in order to get the trial done and all of the tactics that you saw from the defense team are very predictable left-wing tactics of trying to paint law enforcement and the military as villians in this case. we saw this much of the same thing during the 1993 world trade center bombing as well where the -- the trials were basically turned into o.j. simpson circuses. >> yeah, you got to figure out that apparently, eric holder is feeling pretty bad today given that this was his test balloon and it just popped. here's what he said about this kind of case in october. >> at the conclusion of the ghailani case, ask you to ask me that question again and i'll give you the same answer which is that our free courts are fully capable of handling these matters. >> they're not. and that is clear. >> yeah. >> he had detonators, he bought the tnt, he helped buy the car.

>> they had witnesses. >> he became a confidant of bin laden himself and his chief forgerer caught in pakistan and we can't convict him. >> because the judge was able to decide that information would not -- and i believe that would not happen in a military tribunal, would it? >> no. that's the whole point of taking these trials out of the civilian system and that key witness who was barred from testifying would have testified that in fact, ghailani was sold the explosives by this key witness. and this is exactly the strategy that all of the transnationalists, many of the jihady friendly governments who have been funding the defense team for these gitmo detainees counted on. they are exploiting the very rights that we are affording these people who are trying to bring down our fair system of justice. >> my question is how much of politics played into this? because remember that president obama, his first act was to

close gitmo and was that a slap to president bush in saying i don't agree with the way in which you want to prosecute terrorists. you did it wrong! so i'm going to do it this way. was it all about politics? >> well, it certainly was and, of course, the irony is that the obama administration and team obama during the campaign tried to paint themselves as directly opposite of the bush administration policies. and towards the end of the bush administration, of course, you'll remember that bush was working towards closing gitmo at some point. the point now, of course, is that the obama administration and many of its lawyers in the justice department are coming around to the conclusion that they can't simply release many of these detainees and that certainly includes khali shaikh mohammed. now, they're saying that he doesn't deserve the same sort of habeas corpus rights that the american citizens do. it sounds like the bush administration policies of the past. >> no kidding. bush was right.

let's go ahead and talk about something else. nancy pelosi re-elected as the leader of her party. in the house. and the question now is with obama, reid, pelosi still standing tall and leading the democrats, is that going to impact the current president when he runs for re-election in 2012? >> look, you have the same cast of characters that ushered in the election results in the midterms. and certainly, if they continue on their far left overreaching expansive government path, it -- i hope that it impinges on obama's re-election prospects. however, you can't discount their ability to snow people over and you look at so many of these corrupt-o-crats who are unfortunately re-elected during the midterms. chief among them, of course, charlie rangel, and sometimes you got to wonder what people are thinking. what is that old definition of

insanity? it's doing the same thing over and over and expecting different results. >> lost 60 plus seats. it's an historic rebuke. she doesn't see it that way. if you don't believe me, listen to her. >> how would your ratings be if $75 million were spent against you? because i'm an effective leader, because we got the job done on health care and wall street reform and consumer protections, the list goes on. because they know that i'm the person that can attract the resources but intellectual and otherwise to take us to victory, because i have done it before. >> does she believe that or is that what some p.r. person told her to say? >> let me say something positive about nancy pelosi. this might be a milestone. she has a remarkable ability to engage in self-delusion! couple of years ago, that's a compliment, nancy. she -- a couple of years ago, she wrote an autobiography

called "know your power." somebody needs to tell her, she needs to know her failure and the fact that there were some very brave several dozen house democrats who voted against her for leadership shows you that they are coming around to the realization that she still refuses to. i wish that vote had been public. so much for the most ethical transparent administration. right? >> speaking of somebody with power, sarah palin. she's on record in an interview by saying she believes she could beat president obama in 2012. here we go, michelle. now that the midterms are over, this is what we're going to be talking about. let's listen. >> i'm looking at the lay of the land now and trying to figure that out. if it's a good thing for the country, for the discourse, for my family, if it's a good thing. >> when she ran for president, would you beat barack obama? >> i believe so. first off, your reaction? >> sure. i believe she can.

i believe that barack obama is beatable but i think ultimately, barack obama is going to be his worst enemy and it's going to be up to the republican party to field the best candidate against him. >> what would be harder for her in your estimation, getting the nomination or winning the general? >> well, look, of course, for republicans, it's all about winning the general. and i think we need to make sure that we have a far stronger candidate than we had last time. we need somebody who has clear distinctions and differences and principle. i think those differences were not highlighted enough during the last campaign and that's why the republican party lost last time. >> somebody who is great at projecting and predicting what's going to happen is karl rove and he essentially he writes -- his message is the president may be diminished and is weak politically but it's always hard to defeat an incumbent including a sitting president. >> sure. i think that's conventional

wisdom. i think it's going to be much harder to beat barack obama if there's all this back stabbing and sniping and international warfare against certain candidates and we've had that and i think maybe the republican party need their own beer summit to make sure all that destruction active habit doesn't come out into the public. guess what? it just serves as the left in the democrat party. >> we have michelle bachmann coming up on the show, congressman, and we'll ask her that exact question. this michelle, michelle malkin, thanks so much for your time this morning. >> thanks, guys. are patdowns the best way to stop terrorists from attacking our airplanes? had they get around those, too? we'll talk to the head of security at one of the safest airlines in the world to get his thoughts. >> the post office is almost broke and you may lose saturday delivery. the guy is still taking home a multimillion dollar paycheck. how does that happen? pkó@v@ zx7? [ j. weissman ] it was 1975.

my professor at berkeley asked me if i wanted to change the world. i said "sure." "well, let's grow some algae." and that's what started it. exxonmobil and synthetic genomi have built a new facility to identify the most productive strains of algae. algae a amazing little critters. they secrete oil, which we could turn into biofuels. they also absorb co2. we're hoping to supplement the fuels that we use in our vehicles, and to do this at a large enough scale to someday help meet the wor's energy demands.

and the life you want to live. with rheumatoid arthritis, there's the life you live... and to do this at a large enough scale fortunately there's enbrel, the #1 most doctor-prescribed biologic medicine for ra. enbrel can help relieve pain, stiffness, fatigue, and stop joint damage. because enbrel suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis,@ lymphoma, and other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis. ask your doctor if you live or have lived in an area where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, while on enbrel, you experience persistent fever, bruising, bleeding, or paleness. ask your rheumatologist if enbrel is right for you. and help bridge the gap between the life you live... and the life you want to live.

>> the debate over body scanners and patdowns is raging in the u.s. would it prevent a would be terrorist from bringing a bomb on board? why not ask one of the safest airlines in the world joining us right now. chief of security for el-al airlines in america. the patdowns and body scans, is that a step up? does that make us safer? >> well, to some degree, it makes us slightly safer. but that, in my opinion, is not the real answer. when you get to the airport, that's your last line of defense. your process of security or determining who the person is should start way before you get to the airport. >> so, for example, i go on line. i buy a ticket or go to a travel

agent and buy a ticket. there will be a system in place where the background check begins. >> yes. in other words, they can verify your name, your address, where you're going. where you may be staying, do you need a rental car? all this information can be verified not by a person but by a computer. right after 9/11, i was involved in a project to show the government how they can have an integrated computer system to do something like this. >> i know our no fly list is an embarrassment that stopped ted kennedy seven times and we don't think it's really been fixed. however, having said that, how can you compare what el al does in israel to what america has to do deal with in a country this size. you are into personal interaction, talking to people and finding out their agenda. how can we possibly do that? >> well, you can do, well, i guess the profiling is what i'm -- what i was trying to say is that we have to do some sort of

profiling. i mean, there's nothing wrong with that. we have to start somewhere. by taking everybody truly in depth security procedure is not the way. it's not going to work because it is time consuming. so you have to do some sort of profiling. >> so marvin -- >> look at the people -- >> for example, when i went to kuwait, i was stopped for the next three years on my passport, every single time i was patted down and asked a bunch of questions because i went there for this channel. are you saying that's a form of profiling or saying anyone from a middle eastern country should be profiled? >> well, in your situation, yes, why are you going there that often? they have thoughts in their mind that tour coming on a regular basis in a sense and you could be involved in some sort of a plot. >> ok. >> that's how the people there think.

>> right. in other words, having said all that. you talked to them and we're here in this country with many more airports and many more airlines, are you against having a body scan at an airport? do you think that's something that would keep your family safer? >> yes, definitely. a body scan is a good tool but again, that's not the answer. >> the answer is looking at the background check and going to the profile. >> you have to do that. also, this patting down to me is a little ridiculous. if you watch the security people patting people down, there are many things you can secrete things on your body. you hide on your body that they're not touching the areas on the body. so that to me is also a waste of time. >> testing secretions doesn't seem like a good one either. former chief of security for el al airlines, thanks so much.

>> you're welcome. >> straight ahead, lisa murkowski declared the winner in the write-in race for election and already stirring up trouble among republicans. will she get an acquiescence from joe miller. what's better? organic food or ordinary thing? one is more expensive. john stossel is here, he's got great insight that's quite pricey.

so you think your kids are getting enough vegetables? yeah, maybe not. v8 v-fusion juice gives them a full serving of vegetables plus a full serving of fruit. but it just tastes like fruit. v8. what's your number?

>> now your news by the numbers. first, 3.1 million dollars. that's how much u.s. postmaster general john potter will collect in pension benefits when he retires next month. the u.s. post office itself is running on nearly a $7 billion deficit. next, $650 billion. that's how much money

individuals and businesses could pocket if the payroll tax was suspended and federal sales tax reduced. according to a bipartisan task force. and $68 million, that's how much oprah winfrey could be dropping on a mansion she was eyeing in new jersey. not for stossel matches it. >> in one week, we'll be gathering around our dinner table celebrating thanksgiving. wait, do you know what's in the food you're eating? john stossel took a look. >> thanksgiving is coming. i look forward to eating my thanksgiving dinner. it all looks so good. but wait a second, maybe i shouldn't eat this. but you know that all these foods are filled with chemicals, the turkey contains it. the cranberry sauce has derivatives and the potatoes contain ethyl alcohol, acid and apple pie contains cumarin and

glycocide. there are chemicals everywhere on this table. >> you remember the worst thing you could put on it was butter? should we allow chemicals to stop us and go organic instead? that's the topic tonight on stossel and he joins us live. >> that was all organic foods. chemicals and everything. if you fed the chemicals to rats, they'd get cancer. >> that was a joke. that food was the organic stuff. >> that's right. >> the expensive organic stuff. >> we're ridiculous about natural food and organic food and here's this argument over beef as well. people are saying get natural grass fed beef, not this horrible feed lot beef so since i have a studio audience, i ran a taste test. >> we bought four samples of hamburger meat from local restaurants. two were made from grass fed cattle, two from corn fed. i didn't tell the audience which

was which. the grass fed was much more expensive and costs twice as much in the stores we checked. who tasted better? who liked a most? >> a and c were the expensive grassfed beef. who liked d most? >> b and d were made from feed lot beef. >> who thinks there's hardly any difference between them? >> it lacks like you've got a bigger budget on your show than we do. >> what did you find out? >> they can't taste the difference. it's not environmentally better because the grassfed cattle live longer and on earths longer and more environmentally damaged. >> taste is not the issue some people have with organic vs. nonorganic. my issue is and lots of parents is that some of the beef and chicken are fed with hormones. that's why some of the kids are getting through puberty so early. >> that's one theory.

it's possible maybe they're healthier and that's why they're gog through puberty either. a lot of people feel they're not a good mother if they don't spend twice as much on this organic stuff. there is little evidence and even the organic food association doesn't say our stuff is unhealthy. >> save your money or spend it when it makes you feel good. don't feel bad. >> thanks so much. we'll all be watching. >> straight ahead, republican lisa murkowski returning to washington after winning an historic write-in campaign in alaska. senator will join us live from anchorage after the break. >> are you calling me a liar? are you calling me a liar? >> taxpayers going straight to the top? another state aims to tackle illegal immigration. >> and the host of "dancing with the stars" brooke burke is here. advice on how to cover every

member of the family when it comes to holiday gift giving. frank, instead of scratching your way to retirement, get on e-trade. set up a real plan. frank! oh wow, you didn't win? i wanna show you something... it's my shocked face. [ gasps ] [ male announcer ] get a retirement plan that works... at e-trade. you don't love me anymore do you billy? what? i didn't buy ts cereal to sweet talk your taste buds it's for my heart health. good speech dad. [ whimper ] [ male announcer ] honey nut cheerios tastes great and its whole grain oats can help lower cholesterol. bee happy. bee healthy.

okay, now here's our holiday gift list. aww, not the mall. well, i'll do the shopping... if you do the shipping. shipping's a hassle. i'll go to the mall. hey. hi. you know, holiday shipping's easy with priority mail flat rate boxes from the postal servic if it fits, it ships anywhere ithe country for a low flat re.

yea, i know. oh, you're good. good luck! priority mail flat rate shipping starts at just $4.90 only from the postal service. a simpler way to ship.

this year chevrolet gave us legendary dependability, innovative tecology, and inspired design. and now, they want to give as much as they can to as many as possible. your chevy dealer is giving back to the community. come see how chevy is giving more. right now, get no monthly payments till spring plus 0% apr financing and fifteen hundred dollars holiday allowance on most chevy models. see how your dealer is giving at faceook.com/chevrolet. >> as you know, a lot of

controversy. a lot of controversy over use of these full body scanners. how many think the patdown procedures are too invasive? just curious. all right. how many think it's a small price to pay if it keeps your relatives from visiting you during the holidays? yeah! that's nice. >> funny stuff. >> all right. let's do a couple of headlines for you if you're waking up and joining us. the cholera outbreak in haiti has officially spread to florida now. health officials confirming that a woman from southwest florida got the disease while visiting her family in an area of haiti that's been hard hit by that disease. while she's expected to make a full recovery, there are several other suspected cases in the states. >> wow, three airlines may need to replace nearly half of their rolls royce engines. the engines have been under scrutiny ever since a mid-air explosion almost brought down a qantas plane. singapore airlines, and others use 80 i have their engines in the a-380 airbuses.

>> tempers flare at utah's state capital over a controversial illegal immigration bill. >> you calling me a liar? you calling me a liar? >> you didn't listen to what i had to say. you can't -- >> i have. i have. >> it's not about -- >> state representative steve sanstrom is pushing for the bill modelled after arizona's controversial immigration law. supporters of the bill clashed outside the utah house even though police were called in to control the crowd. >> meanwhile, 7-eleven slurpee trucks will be parked in front of washington, d.c.'s union station today. the convenience store chain says it will spread the slurpee love even though the so-called slurpee summit between the president and republican leaders at the white house has been postponed to the 30th. a company statement says president obama and soon-to-be speaker john boehner can come by

if they want to. >> all right. let's talk about this. after enduring a shocking loss in the primary and weeks of ballot reviews, write-in candidate lisa murkowski is finally celebrating her victory over the republican candidate joe miller in the alaska senate race. >> here's the catch. candidate joe miller who lost by about 10,000 right now, he may want a recount but u.s. senator lisa murkowski joins us from alaska. good morning to you, ma'am and congratulations. >> good morning. thank you very much. it's historic day here in alaska. >> indeed, it is historic. you're the first person to win as a write-in candidate since 1954, second only in history. but your opponent, joe miller, refuses to concede. >> well, you know, i think maybe the reality of the numbers has not quite hit him yet. obviously, he will determine that but you look at the numbers. as you mentioned, we're up by over 10,000 votes.

now, through this write-in process, there were a series of ballots that were challenged by the miller camp. those have been segregated, if you will, even if -- even if you were to throw out every single one of those, we would still be ahead of mr. miller by a couple thousand votes. so the numbers are just not adding up for joe miller. >> senator murkowski, what do you think -- what did you find out in those days when you deliberated about running as a write-in that made you think you could win after losing the republican primary? what did you see in polls? what did you see about the primary process? >> well, this is going to be very discouraging news for all these wonderful pollsters out there. i did not consult the polls. i did not listen to the advice of my colleagues back in washington, d.c. i did not listen to the conventional wisdom. i listened to alaskans. and they were asking me to stay in the race. they were asking me to give them a choice. and we saw that play out after

two months, you have -- you have history that has been made, a write-in candidate has prevailed. so i listened to the folks back home that going by your gut, going by your heart certainly played out here. >> senator, what happened between the primary where joe miller beat you in the republican side and the general where you beat joe miller apparently? >> well, it was a lot of education. it was a lot of just getting out and real coalition building. this was not your typical campaign. i was not my party's nominee. i was outside the box. and we did some things that were pretty unconventional. we've gotten an awful lot of alaskans that are supporting the wristbands but telling them how to fill it in, write it in. there was an educational piece but it was also really about bringing all alaskans together on issues that are so important to all of us up here. >> senator, so let's say everything bears out the way it is and you become senator as you're going to declare a little bit later on today.

when you go up to capitol hill, will you be a joe lieberman like independent or will you feel as though you are the same republican you were before the primary? >> well, i'm still a republican. i have never changed my party registration. i will conference with the republicans. but i will always keep in mind that i will be sent back to the united states senate because all alaskans came together. this coalition i'm talking about of strong democrats, of independents, of individuals from all political stripes, urban and rural, coming together. that's who i need to be responsive to. not necessarily to my party or to the confines that, perhaps, most associate with the regular operations of the senate. >> right, with the next session of the senate, we've already heard there are a number of republican senators in leadership positions as well who now say, you know, we're up for an earmark ban.

now you sound like we've read some of your comments and you sound like you're still for earmarks. can you clarify that for us? >> uh-huh. i believe very, very strongly that -- that as an elected official and as the constitution clearly provides that power of the purse remains with the legislative body. i feel that it is our job as legislators to make sure that people back in washington, d.c., the agencies, the administration know and fully understand what -- what the needs, what the issues are in my state. so i'm not going to abandon the effort that i need to make to make sure that alaska's interests are represented. >> one of the most famous earmarks of all time, the so-called bridge to nowhere from alaska, people in this country are sick of the government handouts and giveaways. >> well, and i think when you -- when you put it in that context, when you say it's a government handout or give away

or abusive or wasteful, i am right there with you. >> right. >> sign me up because we don't want that. what we do want to do is make sure that the federal dollars that are spent whether it's in my state or whether it's in new york, are spent wisely and spent fairly. but i think it is fair to acknowledge that there is a role for these federal dollars. we've got military installations in our state. we've got veterans. we've got alaska native people. >> senator, excuse me. you know a lot of times they're done in the middle of the night. there's no transparency with it. we don't know how they got there and you're going to -- you stand to be the only republican to be against this right now. against two-year moratorium on earmarks. are you prepared to be the only republican? >> i think it's important for the american people to understand what has happened at least in the few years i've been back in the united states senate. you do not have earmarks that come about in the dead of night anymore. there's an openness and transparency. you go to my web site and you

can click on to any earmarks that i have requested through the process on behalf of communities and constituents, you can get the full on lowdown. if i can't stand up and demonstrate to my colleagues why this is important not only for the state of alaska but how that fits into the context of the whole, then i shouldn't be doing it and i won't do it but what i will do is make sure that alaska's interests are represented and i will make sure that we are good stewards of the federal dollars. >> so you're not gonna do it. good luck today and we'll see if joe miller extends the fight. >> thank you. >> appreciate it, thank you. >> thanks. >> over to you. >> thanks, guys. coming up next, republicans want to put an end to earmark as you were just discussing with senator murkowski but democrat claire mccaskel says she'll take it one step further. "dancing with the stars" brooke burke is with me. model turned mom with some advice for everyone as to what we should buy for gifts.

wi the capital one venture card

we get double miles on everyurchase. so we earned a holiday trip to the big apple twice as fast! dinner! [ garth ] we get double miles every time we use our card. and since double miles add up fast, we can bring the who gang! it's hard to beat double miles! i want a maze, a ord, a... oww! [ male announcer ] get the venture card from capital one and earn double miles on every purchase, every day. go to capitalone.com. i wonder what it coulbe?! what's in your wallet?

♪ [ male announcer ] they've been tested, built and driven like no other. and now they're being offered like no other. come to the winter event and get an exceptional offer on the mercedes-benz of your dreams. it's our way of showing a little holiday spirit. but hurry -- the offer ends soon. ♪

>> time for some quick headlines on this thursday. shoppers in california got a jolt when they saw a nine foot boa constrictor wrapped around the engine of a parked car. animal control experts believe it is an escaped pet simply trying to stay warm on the warm motor. well, now, the snake is at an animal shelter. meanwhile, "people" magazine reveals this man's sexiest man alive. it's actor ryan reynolds. he succeeds last year's winner johnny depp and joins the ranks of brad pitt, george clooney and matt damon. >> she's one of the co-hosts of one of america's favorite shows, "dancing with the stars." she's a mom and during the

holiday season, she knows how busy parents can be juggling shopping on top of everyday activities. >> giving us tips on choosing gifts for your entire family, here's brooke burke. >> good morning. >> i love when you come to do this. i pick up so many ideas. >> thank you. life is so busy and especially around the holiday times and times are changing. it's so much easier now to be able to do your holiday shopping on line. i run my life like that. and we have some great sugss and set up a page with some of my favorite picks but their search engine will steer you in the right direction whether it's travel, gifts for mom, dad, the whole family. >> i know you have some great tips for us. let's get started. >> this is one of my favorites. this is a recordable storybook from hallmark. i do it with my children and record it for them. great for busy moms missing bedtime. you record your voice and they can enjoy the book when mom isn't home. really sweet. i did it with my youngest daughter and i'll put it away and save it for a keepsake for myself. really sweet gift. >> you shouldn't hire somebody to do voice-over for the book.

professional will do a better job. >> and good for dads, too, or soldiers. >> absolutely. we did a big charity event for them and sent many of them to the soldiers so they could record their voices. >> this is our favorite thing here. do you know what happens? >> look at how cuted it is. >> these actually sing and they sing in harmony if you can get them all going together. with my four kids, you can imagine what it sounds like at home. >> then they also -- >> they also bite so the kids really love them. >> that's fantastic. >> a little musical stuffed animals. >> this will be the cabbage patch doll. >> i think so. i think so. the kids are going crazy over these right now. >> all right. everybody loves the candles. >> gifts of r&r for mom. so we've got great spa baskets, candles, body lotions, give mom the gift of relaxation this holiday season. everybody loves that. >> all right. then we have -- >> gadgets for dad. this is the new windows 7 phone. >> what does this do? anything exciting to tell us about this?

>> this will get you straight to bing search. it has voice activation and the touch screen. >> good enough for me. how much will that set me back? >> i'm not sure how much that phone is. >> why put dollar figures on something if you care about somebody around the holiday season. >> finally? >> we have a lap top with a beautiful picture of somewhere we want to go. >> travel is a really nice gift and bing has a new feature that as a price predictor. it tells you when to buy. should you wait? not only will it help you search out the test naying, it will help you make a smart choice. >> let's talk about "dancing with the stars." >> of course. >> we're down to two now. >> yes. >> and it's been a little controversial. >> not two yet. three are going. >> i'm ahead of myself. >> three are going to the finale next week. one will be eliminated and then it will really be down to two to choose the winner. it's been a very exciting and very unpredictable season and i love that because this is one of these seasons where you don't know what's going to happen. >> you looked at brandy when she started, so tal enlted singer and great dancer and the

determination of dick in his prime, she was voted off. a lot of people are thrilled and some are stunned. >> we've had leaders leave early on and three shocking eliminations and you take somebody like bristol who isn't getting the high scores but america is voting for her. if you look at the voting system, the judges scores make up half and america is voting. >> with bristol, don't you have the greatest improvement? >> i think so. i think bristol has been the most challenged having no entertainment experience whatsoever. she's come the furthest and sort of that underdog in my opinion that you want to root for. will she win? technically, probably not. but i'm really happy to see her in the finals, and have tha opportunity. >> jenner grey and derek who pound for pound is probably the most tal enlted dancer. her partner will choreograph an unbelievable freestyle but kyle makes you laugh. you have to love him. >> he's about, what, 19? >> he's 19.

he has the best attitude but also come out there and he's a joy to watch. look at his footwork. forget about everything else. technically he's doing a great job. >> he's with lacy. >> she is hot. >> she's hot. she's beautiful. shez really talented and the two of them, i mean, she's done so much. his work ethic for being 19 has put in the time and the hours. taking this very seriously. i do not know who will win this finale. and i love that. >> very exciting. >> something else that's really exciting, brian, is brooke is going to be co-hosting the miss america pageant coming up in january. >> that's fantastic. >> i'll be part of the broadcast as well. thank you so much for doing that. >> i'm happy to be a part of that. i've been watching that show since i was a little girl and my mother was watching that show with her mother. she's more excited about that. >> you got to react as a live event. you've already proven you can do anything. >> i love to do live television and looking forward to seeing you there.

thank you. >> thank you so much. >> always good to see you guys. >> your prediction? >> i don't know. i'd like to see it come down to kyle and jennifer. i really don't know and i'm happy that bristol is there. >> thank you. >> i really am. >> always love having you. straight ahead, republicans want to put an end to earmarks but democrat claire mccaskill says she'll take it one step further. she'll join gretchen next. >> mariah carrie had the number one song "fantasy." funny how nature just knows how to make things that are good for you. new v8 v-fusion + tea. one combined serving of vegetables and fruit with the goodness of green tea and powerful antioxidants. refreshingly good.

no pills, no pain. how can you get pain relief without taking pills around the clock? try thermacare heatwraps, for all day relief without pills. i was surprised, thermacare worked all day. you feel the heat. and it relaxes and unlocks the muscle. you've got to try it. [ man ] thermacare, more effective for back pain than the maximum dose of acetaminophen, the medicine in tylenol. go to thermacare.com today for a $3 off coupon. thermacare. no pills. no pain. just relief.

>> welcome back. the senate republican caucus voted to put a moratorium on seeking earmarks but a bipartisan group of senators is going even further. looking to attach an amendment now to a food safety bill that

will put members on record against earmark spending. missouri senator claire mccaskill is one of those lawmakers who has been fighting earmarks for years. good morning to you, senator. >> thank you for having me, gretchen. >> so immediately, when i saw your name attached to this, i thought let's get senator mccaskill's point of view because you have never taken an earmark since you have been a senator and you are a democrat and many people in your party don't agree with you. >> yeah, in fact, it has been a pretty lonely fight. there were only two of us for my first four years here in the senate and i believe next year, so far, i only have one other colleague in my party that's willing to fight earmarks. it is such a flawed process. and if you have been in the senate and you watch it up close, you realize how arbitrary it is. how nobody can really explain who decides who gets what earmarks. it's not based on merit. and all of the arguments in favor of earmarks frankly none of them hold up to logic.

>> so many of the voters this past midterm election agreed with you. >> i think they were fed up with spending. >> right. >> and now we even have the powerful mitch mcconnell, republican, who decided to change his mind. was that really the turn of the tide in your mind? >> i think so. i congratulate the tea party because on this subject, i think they have made a difference. i think, you know, mitch mcconnell has been a huge earmarker. in fact, some of the top earmarkers over the last two or three years have, in fact, been republicans so the fact that an appropriator like mitch mcconnell reverses course. now, i'm disappointed, my new colleague from missouri has come out in favor of earmarks so we have kind of a reverse situation in my state, my current colleague, senator bond really believes in earmarks and the new republican believes in earmarks. it shows you sometimes you have to get beyond the party labels. >> i want to get your thoughts on another topic. it's such a heated topic and it

has to do with airport security and yesterday, you testified. you've had complete knee replacement so you always have to get the patdown. and you, in fact, called it a love pat and that you were looking forward to going through the body scanner instead. tell us that story. >> well, first of all, it was a bad joke about a very serious subject. and i shouldn't have made light of this subject because it is of concern to americans. we have a very difficult job in terms of keeping everyone safe. balancing people's privacy with the need to use technology and every tool we have to keep people safe. and i think we're trying to walk that line. i think mistakes have been made both ways, frankly, not doing enough and sometimes doing too much. this is an example where the technology is available to make it safer and we're giving the traveling public options but i'm going to continue to push for the next type of technology where that figure they see is a

stick figure as opposed to the more complete image that the screeners can see now. but it is nice for me not to have to stop for the pat. >> no doubt we'll continue to discuss this hotly debate topic. senator mccaskill, thanks, as always. >> thanks for having me. >> today, taxpayers about to get back some of the cash we poured into general motors. but there's a catch. and we're going to talk to the white house car czar two minutes away. or, like adp, you can dream it and do it. adp lists on nasdaq, the world's most innovative can-do exchange. ♪ [ female announcer ] the newest seasonal flavors are here. ♪ express yourself ♪ [ female announcer ] because coffee is like the holidays. it's better when you add your flavor. coffee-mate. from nestle.

took some foolish risks as a teenager. but i was still taking a foolish risk with my cholesterol. anyone with high cholesterol may be at increased risk of heart attack. diet and exercise weren't enough for me. i stopped kidding myself. i've been eating healthier, exercising more... and now i'm also taking lipitor. if you've been kidding yourself about high cholesterol...stop. along with diet, lipitor has been shown to lower bad cholesterol 39% to 60%. lipitor is fda approved to reduce the risk of heart attack and stroke in paents who have heart disease or risk factors for heart disease. [ fele announcer ] lipitor is not for everyone, including peoe with liver problems

and women who are nursing, pregnant or may become pregnant. you need simple blood tests to check for liver problems. tell your doctor if you are taking other medications or ifou have any muscle pain or weakness. this may be a sign of a rare but serious side effect. let's go, boy, go! whoo-whee! if you have high cholesterol, you may be at increased risk of heart attack and stroke. don't kid yourself. talk to your doctor about your risk and about lipitor.

>> gretchen: good morning. hope you're having a great thursday. november 18, 2010. i'm gretchen carlson. pat downs and body scans really stop the terrorists? passengers say you can't touch this. the tsa insists they can and it will. is the resistance to change doing any good? >> steve: gm, government motors, or general motors, whatever you want to call it, finally getting back to business. when the government rebuilt the auto industry, did it give the unions a new unfair advantage? the president's so-called car czar is going to be pull not

guilty to respond. >> brian: some students seeing red over one school's ban on pink. the school says the color of kids' clothing can be considered bullying. we'll explore. "fox & friends" starts right now. >> steve: look at that, you can hear him right there. trace adkins is going to be joining us. he's positioned next to elmo, i'm sure he'll have a problem with that. he'll be joining us today. >> gretchen: two of the most powerful women in the republican party, congresswoman michelle bachman and the new low elected kristy noem. she's going to be in a leadership position as a freshman. >> brian: elmo, you're powerful in your own world. >> steve: exactly. >> gretchen: all right. let's start this part of the hour with your headlines. we have a fox news alert. we're learning this morning that

a suspected bomb was found in a suitcase at wind hock airport, delaying a flight to germany. a scan showed it contained batteries attached to a clock. but they said no explosives were found. germany's interior minister raised the country's security level because of increased terror threats. search teams may have uncovered new evidence in the case of that missing ohio family. volunteers found clothing, tennis shoes and a hair clip near where the family disappeared. but police now looking to see if those items are actually related to the case. a fourth family member, 13-year-old sarah, was found tied up but alive in a man's home and he is now behind bars. this afternoon, congressman charlie rangel learns his fate after an ethics found him guilty of breaking 11 out of 13 congressional rules. the panel will hand down sanctions at 12 eastern. here are the options, he could be reprimanded, christian sured

or expelled, but that's considered highly unlikely. rangel has been invited to appear at the hearing. we'll see if that happens. former alaska governor sarah palin is not officially running for president just yet. but in the new interview with barbara walters, she sounds confident that she could win. >> if you ran for president, could you beat barak obama? >> i believe so. >> gretchen: the interview with palin, part of a special. those are your headlines. >> brian: you might be traveling, or the weekend coming up next weekend because they say everyone wants to go home for thanksgiving, or go away for thanksgiving. so what happens? you're going to go to an airport and you're most likely going to be patted down. if you're one of the 99% of people, you will go through a body scanner in 61 airports. that's where the controversy starts. >> steve: indeed, because we now know that these images produced

by that body scanner pretty much show you standing there completely naked. and we talked a couple days ago about how the web site was able to link up pictures of the actual person with their naked pictures. so rather than do that, a lot of people say i'd like to opt out. when you do that, you get the full pat down of somebody in the blue gloves does that. but the problem is just this, is it making us safer? we all want to be safer? but are these two things going to detect the bombs that people are trying to smuggle am. >> gretchen: the head of the tsa has been testifying about this. here is what he said. >> do i understand the sensitivity of the people? yes. if you're asking am i going to change the policies, no, because i think that is what being informed by the latest intelligence, the latest efforts to kill our people, no, i'm not going to change our policy.

>> brian: they talk about the christmas day bomber and the fact he had a body bomb on his person, so that would have been detectable. that according to juan williams, who i met before. he talked with homeland security secretary napolitano. he had lunch with her a couple of days ago. he said bottom line is, would you have caught the christmas day bomber with the body scanner and she said yes. you'll be able to check the body. now, if you got something in your so-called body cavity, the only thing that could stop that is a prison search. >> gretchen: the question is whether or not terrorists continue object one step ahead of us because once they try something, then we try to come up with a remedy for that, allah the body scanner and the what is day bomber. steve, what you'll talk about is they started to come up with new ways to elude us. >> steve: yeah. they're trying to kill us with petn, that's the really good stuff they're trying to use to smuggle on board. the thing is, the body scanner

doesn't see it. >> brian: yeah, it does. it will see the object. >> steve: that's fine. if it's on the outside of your body. the body scanner, the rapid scanner apparently does show weapons and stuff like that, but doesn't detect liquids and stuff like that. and if somebody puts it in a body cavity, you're never going to see that. if you do the touch, you won't feel it if it's in a body cavity. with this higher level of security, it's not really doing anything. it's not going to detect the stuff that they're trying to kill us with. >> gretchen: i just feel like the country is doing what they can to try and keep us safe. i'm going to follow the procedures because i don't want to blow up. i've got two kids at home. i want to be around to be their mom. >> brian: i like landing. here is former security chief, why he kind of agrees with steve that he's not necessarily for our new procedures. >> we have to do some sort of

profiling. there is nothing wrong with that. we have to start somewhere. just by trying to take everybody through an in-depth security procedure is not the way. it's not going to work because it is time consuming. >> steve: this thing does not detect the petn. >> brian: it will if it's outside your body. >> steve: find something that detects petn. >> brian: they're finally getting it in place. >> gretchen: what do you think we should do instead? >> steve: i like the idea of the profiling, but the way we're doing it right now, this is not making us safe. >> gretchen: i think a lot of people would be in favor of profiling, but in the world in which we live now, i don't think any politician would get profiling passed. i just think that's the world that we live in. >> steve: the problem is -- >> gretchen: we have to find out how you're going to face this in the web site. >> steve: i've seen web sites that say when the see the

pictures of the nuns and little kids being patted down, the terrorists have won. our fourth amendment rights protect us from unreasonable search. if this thing doesn't work, it seems unreasonable. >> brian: don't fly. if you don't like the procedure, don't fly. or go on your own plane and good luck with that. 7 minutes after the hour. now let's talk money. >> steve: after getting more than $49 billion in taxpayer money, car giant general motors returns to wall street this morning, taking their stock public once again. but can gm sustain itself down the line or is this just a temporary bump? >> brian: ron bloom is the senior white house counsel for manufacturing policy and he joins us right now. this ipo is coming out so high right now. what is this going to do for the amount of shares that the government owns in gm when this is all said and done? >> thanks for having me here this morning. depending on whether or not the underwriters exercise an option they have to sell an additional 15% of our shares, we will be

selling either 40 or 45% of the 912 million shares that we own. >> steve: okay. so they're going to go on sale this morning at about $33 per share. that's what it was priced at after the close last night. here is the reason a lot of people have a problem with this ipo, ron, is the fact that the small investor, people watching right now, are not able to take advantage of this ipo. it's big institutional investment firms and stuff like that. why are you leaving out the average american? >> well, couple months ago, we put out some guidance about what we expected the underwriters and general motors to do in terms of allocating these shares. we said in that guidance that we expected a special effort to be made to make sure that retail investors were given an opportunity to participate. our outside advisors have scrutinized the books and we are very comfortable that this is the largest allocation of retail dollars to an ipo in american

history. >> brian: what does that mean? if i wanted to go get this ipo without being an institutional investor, i can't get it, ron. >> that's not true. if you have an account and you meet the qualifying standards, you absolutely could have been part of it. but we did not participate in the individual allocation decisions. what we are comfortable with is the retail investors were given a very substantial opportunity to participate and i would also say that many of the large institutions are managing money on behalf of pension funds, managing money on behalf of 401(k)s. so this is an investment that is being made by individuals who want to become shareholders in general motors and it's widely distributed. >> steve: we had one of our business guys on this morning and he said if you have a brokerage account, for instance, charles schwab, you can't buy it. so i don't know where you're talk being people can get it, 'cause they can't. >> there are specific rules that the sec enforces regarding

eligibility for investing in ipo's. we are very comfortable that our guidelines were adhered to regarding a very significant retail participation. i'm not going to get into whether one particular brokerage firm or another particular firm was satisfied. we believe overall, this transaction was executed in a way consistent with our principles. >> brian: okay. i'll play that back. so right now you used to own 60% of the company. what disturbs a lot of americans i think perhaps is that china is buying heavily into this. they're going to open 1% of the company. we didn't know -- they'll have full access to the technology that gm has pioneered. are you comfortable with that? >> again, we did not get into individual investment decisions. we are very comfortable that general motors and their board of directors are very conscious of their obligations to all the shareholders, to properly protect intellectual property, and i'm not going to get into whether a particular investor

bought or didn't buy, but we are very comfortable that all the laws will be adhered to and the board of directors and independent board that we helped select, but is a completely independent board, very tough minded businessmen, is committed to realizing value for all the shareholders, which now includes millions and millions of individuals. >> steve: let me ask you this, if a person, an individual stock investor owned general motors a couple of years ago, bought it for 60 bucks a share and rode it all the way down, what do they get today? >> the individual investors who own the stock of the old general motors will not be receiving any value. that company is going through a liquidation. that company failed. they lost any money that -- >> steve: the company got bailed out by the american taxpayer. >> that company had an investment made by a president that concluded that allowing

this company to liquidate was not in the interest of the american people. that's right. >> steve: ron bloom, thank you very much for joining us live. >> thanks for having me. >> brian: straight ahead, the first suspected terrorist on trial in new york city, nearly walking free. peter johnson, jr. on what the ruling means for the president who wants to try the 9-11 mastermind and 174 others in civilian court. >> steve: country superstar trace adkins will join us, but he's not on the couch. find out where he is. he's on location on this thursday morning.

>> brian: it was seen as a test case to try terror suspects in civilian court and some say it failed. yesterday the first detainee held at guantanamo bay was cleared by a nearly all charges.

just last month eric holder was asked about how this trial would affect the others. >> at the conclusion of the case, ask me that question again. i'll give you the same answer, which is that our courts are fully capable of handling these matters. >> brian: okay. let's ask it again, shall we? different outfits. so should we be trying terrorist s in military tribunals instead of civilian courts. let's ask peter johnson, jr. you predicted this when they prevented this key witness from testifying. >> that was huge. it was a huge development that the witness who connected the defendant ghailani to these bombings in terms of the purchase of the dynamite was excluded as a witness based on interrogation techniques. at that point, i thought it was prosecuteial malpractice because i thought they had an

understanding for a long time that this was probably going to happen and they should have made arrangements in terms of going forward with a different type of case. obviously this is devastating to the president and to the attorney general in a political sense and obviously the attorney general does not want to hear that playback of what he just said. more importantly, it's devastating to the united states of america and our prosecution and attack on terrorism in the world. this is going to be highlighted in some parts of the world as well, yes, all of these folks should, in fact, go to a civilian trial because yes, the american system is very fair. it will allow them to go free. >> brian: he's convicted of conspiracy. so he could get 20 years. >> he will get 20 years minimum, potentially life, although he may get out in 20 years and write a memoir and do a radio show in orange county or something like that. >> brian: you're sure it will be successful and well funded. let me give you an idea -- stop me if i'm wrong, who this guy is. he is linked to the detonator

that blew up the embasie bombing, his cell phone was used by an al-qaeda bomber. he was a key aide to osama bin laden. >> body guard, forger. >> brian: tnt. >> there is no question that the evidence linked him and the federal government tried to put in the circumstantial case. they didn't use the statements that he had made to the c.i.a. >> brian: he basically confessed. >> because they were concerned they would not be admitted. they didn't have the benefit of this witness that tied him directly not only to the conspiracy, but to the acts. so unfortunately, in my mind, this is an encouragement, not a discouragement to terrorists around the world. conspiracy in which almost 300 people die and there is not one conviction for murder or attempted murder. >> brian: imagine if you were one of the members of the family

or living wounded. >> not surprised. >> brian: the reason you're not surprised is you predicted sadly. thank you very much. 19 minutes after the hour. how are republicans and tea partiers working together on capitol hill? we'll ask congresswoman michelle bachman after the break. if you found this backpack filled with three grand in cash, what would you do? the story of a student who got his money back in a very unusual way.

>> steve: "fox & friends" headlines on this thursday. the barefoot bandit in court for arraignment. colton moore was arrested this summer in the bahamas. he's facing charges for multi state crime spree that included stealing planes and boats. and in arizona student,

saving up to buy a car accidentally left his backpack and three grand in cash at a bus stop. he never expected what would happen next. a homeless guy tracked him down, returned the bag, not a dollar short. that homeless man said even though he could have used the money, it was the right thing to do. the wrong thing to do would be walk in front of the headlines. >> brian: that was on the prompter. i apologize, steve. >> gretchen: they were a major part of the republican success in the midterm elections, making major demands over the economy and health care. so how are tea party and established republicans working together so far? minnesota congresswoman and their of the house tea party caucus, michelle bachman joins us live from d.c good morning to you. >> good morning, gretchen. good to see you. >> gretchen: many people want to know and many people believe the greatest challenge for the republican party right now is the kumbayaness of the tea party that you had and the establishment in the republican

party. how are you going to do that? >> i think the tea party is on eye alert because they want to see what the first signals are coming out of the first republican congress. i think the signal that mitch mcconnell sent on earmarks was very positive and i think all of the words we've seen coming out of the leadership and house republicans has been very positive. there is a solid commitment to not spending more than what we take in, to not increasing taxes. these are all very good signals going forward. >> steve: maybe good signals, but bad ones. you mentioned mish mcconnell on the senate side. but we just had lisa murkowski on from alaska a couple of minutes ago and she said she's still for earmarks. that makes it look like the gop doesn't entirely get it. >> you're right about that. and i think so far up until lisa murkowski, we had a fairly consolidated response. what we'll be doing in the house is dealing with whether or not

president obama's massive tax increase, one second after midnight on 2011 will go through or not. you will see a commitment bit republicans not to increase anyone's taxes going forward. >> brian: david axelrod kind of played his hand when he said the president was looking to come off that 250,000 threshold that doesn't get to keep the bush tax rates. then walked it back since. would yosay from the tea party perspective, would you be candid with us and say you'd be willing to accept the extension of the bush tax rate even for those who make over 250,000 would last two years? >> we want to see them go as long as possible. i want to see them go permanently. what i wouldn't agree to is if we have extension of the tax cuts for two years, but if it's coupled with massive new spending, or massive new taxes after that. if we just go forward and renegotiate two years from now, that's something that we could look at. but no other add-ons that would

cause the government's budget to explode. >> gretchen: how important was it that john boehner said that he was going to give the tea party backed freshmen more say on key decisions and now we see that two of them are going to have key positions. kristy noem is one of them. how important was that move? >> i think it was very important. i think it's important to signal that the tea party has a voice at the leadership table and i'm very pleased to see that. but i think more importantly than a symbolic nomination, and i'm not saying that the people who will be on will just be in symbolism only, will be what is the policy that comes out of gop republicans? again, everything i've seen has been very positive. but people all across the country from alaska to florida to minnesota to maine, to california, they're going to pay

attention to action. if they see moves come out of the rips in the house that aren't in line with tea party principles, i don't think they'll be afraid to raise their voice. >> steve: all right. minnesota congresswoman michelle bachman, thank you very much for joining us today from capitol hill. >> brian: coming up straight ahead, talk about bare knuckled politics. they get physical when the budget in south america is up for grabs. down goes frazier. >> gretchen: wow! country superstar trace adkins will join us, but he's not on the curvy couch. find out where he is. he's hiding this morning. find out why he's there.

>> steve: all right. it's time for a fox business alert. labor department releasing the weekly jobless claims number. it is 439,000. 439 new unemployment claims were filed this past week. that is less than economists expected. they were thinking about 3,000 more than that at 442. but that is still a very big number. >> brian: 28 minutes before the top of the hour of the it's official, a job swap set to take place for house minority leader john boehner and house speaker nancy pelosi. but that's just the beginning of

the big changes underway in congress. how do i know that? abuse julie kirtz gave me a preview. she's live in washington to tell me who else has new roles on capitol hill. >> it's a new congress, but very familiar faces, at least in those top spots. as expected, john boehner, republican, will be the new speaker of the house. outgoing democratic speaker nancy pelosi was elected as minority leader, holding on to her power after a pretty strong rebellion against her. there will be some new faces, though. republicans tapped two incoming tea party friendly freshmen for high profile jobs. that's kristi noem of south dakota and tim scott of south carolina. they'll serve in newly created leadership positions, essentially freshmen class reps to the gop leadership. >> i think it's good news for the freshmen class. we'll have an opportunity to have more seats at the leadership table, give us a larger voice and hopefully that means one third of the conference will have a greater influence on the direction of

this country and on this conference. >> more seats at the table on the republican side and house democrats created a new position in their leadership ranks for james cliburn, the outgoing house majority whip. he'll take the title assistant leader when the democrats become the minority, oversee ago diminished democratic caucus following those midterm elections. >> gretchen: we also hear the house republicans this morning are expected to make an effort on the florida slash federal funding for npr. what's the deal with that? >> yeah. it's part of the you cut program, remember that? that was initiated by eric cantor. the public votes on-line on programs to cut and npr was the winner, or you could say loser this week. but this is largely a symbolic vote in the aftermath of the juan williams firing. juan williams, npr contributor, of course. >> gretchen: all right. we'll see how that flushes out. thank you very much. >> brian: more headlines now. let's talk politics. >> gretchen: alaska senator lisa

murkowski declaring victory. the win comes after a week long count of write in ballots put her more than 2,000 unchallenged votes ahead of joe miller. he's considering pushing for a recount, but here is what murkowski said about that earlier on "fox & friends". >> i think maybe the reality of the numbers has not quite hit him yet. obviously he will determine that. >> gretchen: senator murkowski is going against republican senate liter mitch mcconnell's new proposal to ban earmarks. >> brian: politics getting physical in argentina when opposition member became frustrated with federal law maker, she clubbed him right in the face. she says she had been putting up with him all yearlong and the last straw was when they disagreed over the budget. if he choose, he could file a complaint. but you see him clap after he was hit in the nose.

that does sting. >> steve: meanwhile, you shall not use facebook this sunday. a pastor will urge married members of his church leadership counsel to quit facebook to set an example for parishioners. he says facebook creates tension between couples that can lead to adultery, reconnecting with old flames. the reverend joined us earlier on this program. >> what i'm gog strongly suggest with all the nerver that i can muster is let's stand together to show this is hurting so many. >> steve: reverend miller suggests couples ditch their individual facebook accounts and set up family accounts. that way both the husband and the wife can have the access to the passwords to prevent cheating. >> gretchen: one massachusetts school system is putting the coo bash on class colors because they are afraid it could create bullying. they have freshmen wear pink for the pep rally, but no more. a new principal says pink leads

to teasing, but not all students agree. >> wearing pink in a rally and being forced to do something that's against your will just because it's a tradition doesn't necessarily mean it's right. >> pink is a girl color, it's the freshman color and they've always worn that for as long as i can remember. >> gretchen: in injuries past, seniors wore black, juniors red and sophomores wore white. now they're all going to wear school colors. brian. >> brian: for many seeing the opryland complex under water last spring struck a cord. we showed how devastating the floods in nashville were. thanks to the city's incredible resilience, they're undergoing a rebirth. >> steve: this week, the gaylord opry land resort reopened on monday and joining us right now is the chairman and ceo of gaylord entertainment. sitting next to him, it's trace adkins. good morning to both of you. >> good morning. >> steve: trace, i'm sure it's good to see that place open again, isn't it?

>> oh, yeah. resilience is a good word. you stole my thunder. i think that opryland hotel is a testament to the resilience of this community as a whole, this whole city has rebounded from this terrible flood and they have done it themselves and it's been -- i've really been proud of this city and the folk at gaylord for the job they've done in rebuilding and bringing this hotel back and the opry house as well. and everything is just done top notch. it's beautiful. i'm just glad to be part of this. >> gretchen: all right. mr. reed, can you tell us about this beautiful new exhibit that's going to be there? >> well, tonight we're launching country christmas program, which is a program that extends through the first week of january. the exhibition we do every year is part of that. we'll probably put half a

million people through this exhibition. it's a big exhibition this year. santa claus is coming to town theme. we brought sculptors from china to sculpt this ice that's fun and magnificent and it's just part of -- we have the rockettes here, we have multiple things at this hotel. it's great. >> brian: the concert, the greater together 2010 fundraising concert will feature trace and craig morgan and that's kind of a thank you to those who got the opry land standing again. right? >> it's really more of a thank you to the whole community. the first responders in this community, the night of the flood did a miraculous job saving lots and lots of people. as you know, we had over 20 people killed in this community. so it was a way for our company and a way for this great artist to say thank you to the community and that's why we're putting it on and hosting it and that's why this guy agreed to do it. >> steve: that guy is a busy guy. trace, you got back from another

persian gulf uso tour, didn't you? >> yeah. we just got back from a week in iraq and it was an inspiring trip again. >> steve: they always are. >> gretchen: so you have the number one billboard country album right now. that's true. right? >> no, not right now. a few weeks ago i did. >> gretchen: all right. still take the credit, trace. >> taylor swift came out. somebody like that came out after that and i she she got it. >> gretchen: you're still number one in our hearts. so what are you going to sing tonight? >> all the stuff that people know. just the same old boring stuff, you know. >> gretchen: yeah right. >> i appreciate collin and the folks asking me to be part of this. it's an honor for me to be here. i wrote a new christmas thing, "a guy in a santa suit stole my old lady." i'm going to bring that out tonight. >> brian: sounds very moving.

collin. >> july love it, kilmeade. >> brian: i have one request, don't believe anything trace says about us. that's our only request. we like to start with a fresh slate. >> you know, i've known this guy for a long time and we're good friends and i learned that lesson about eight, nine years ago. >> gretchen: we're all on the same team. trace adkins, collin reed, congratulations. what a beautiful thing that's happened there back in nashville and good luck with the concert tonight. >> thank you. >> steve: i think i read in the materials that that hotel is the largest hotel outside of las vegas. they got a lot of rooms and they are now officially open for business. check it out. >> brian: 19 minutes before the top of the hour. republican congresswoman-elect kristi noem asked to represent her fellow freshmen on capitol hill. she joins us on what's next with her agenda and on their agenda. >> gretchen: plus, one driver's minor mishap creates a major pileup on the go-cart track.

>> steve: looks a little slippery. then elmo is here and elmo, he's here, that's him live. hi. >> good morning. >> steve: i understand you brought along fun new toys for the kids, including video games. right? >> yeah, baby. >> steve: called me baby. elmo live on "fox & friends" in a couple of minutes.

>> steve: quick headlines. a go-cart race turns in a bumper cars when a crash causes a major pileup. the entire race was stopped because of the traffic. from the basketball court to divorce court, actress eva longoria has officially filed for divorce from her husband, san antonio spurs point guard tony parker. the couple has been married for three years. not no more.

gretchen, brian, over to you. >> gretchen: for the first time, republicans elected two congressional freshmen for leadership positions in the house. south carolina representative-elect tim scott and south dakota congresswoman-elect kristi noem will serve as freshmen class liaisons. is this the new face of the gop? south dakota congresswoman-elect kristi noem joins me now from washington. good morning to you. >> good morning. thank you for having me, brian and gretchen. >> gretchen: it's going to be me you're speaking to. i haven't had a chance to say congratulations on winning the election in south dakota, so congratulations on that. and then right after you did that, you found out soon after you were going to be in a key position as a freshman. what do you think of the fact that john boehner decided to put two freshmen in leadership position? >> well, actually john boehner did make that decision with the rest of the leadership team that that would be a provision that

the freshmen class would get. the neat thing was that the freshmen class got the opportunity to elect their two representatives to sit in those seats. i think it shows a lot about the agenda and priorities of this republican leadership, that they're willing to hear from this large freshmen class. they recognize that they are there because the people of america want a new direction. they want this economy fixed. they want jobs and they want people who are willing to make those tough decisions. >> gretchen: the other person that will be joining you there in that leadership position is tim scott. here is what he had to say. >> it's obvious the leadership are speaking for the american people. they have spoken very loud and very clear by giving it back to the republican party. want us to -- they want us to listen to them. >> gretchen: i'm going to ask you the same question as i did michelle bachman who was on the show a few moments ago, and that is that many people believe that the challenge for the republican party right now is the good

feeling between the tea party members and the establishment in the republican party. do you see that as a divisionsive issue moving forward or not? >> no. i see everybody coming together. we have a very diverse freshmen class and i had the opportunity to spend the last three days with them. we're all talking about accomplishing the same thing. all of us want results. we all ran on campaigns saying our spending was out of control in this country. that we need to balance our budget, we need to start making better decisions. the freshmen class is united in that and every opportunity we've had to talk with leadership, we've carried that forward to them. the pledge for america that came out from the republican party states all of those same goals and priorities. i think the help that the american people were wanting ask looking for in the house of representatives is going to be there because we have heard them and we're ready to get to work and deliver some results. >> gretchen: will one of the may issues that will be important to you, will it be the repealing of health care? >> i think that's extremely

important. that health care bill is going to be terrible for our country, terrible for our economy. it will do nothing to improve health care for the people that live here in this country, and it needs to be repealed. >> gretchen: all right. congresswoman-elect kristi noem about to assume a position in leadership come january. thank you for being our guest this morning. >> thank you for having me. >> gretchen: elmo is here next. bring the kids around the tv, the adults, too. we still love them. >> i'm over here. >> gretchen: he brought toys for the kids. we'll check in with hemmer for what's on at the top of the hour. do you love elmo? >> i do. good morning to you. scanner not to scan, that's the great american question. and a great debate coming up this morning. peter king is ticked off and doesn't like the verdict for an accused al-qaeda member in civilian court and so do many others. also house republicans say they are laying down the law, one of their new leaders talks taxes in minutes and the protests hitting california over these budget

cut, it's getting nasty in the golden state. martha and i will see you in ten minutes here on "america's news room." see you then.

welcome back. elmo and his friends at sesame street are teaming up to make learning fun and some lucky preschoolers as well -- for some of them. elmo's aid zoo adventure are games that teach kids math and literacy skills. i could use both. elmo joins us live today to talk about all this and he brought along some of his friends. the vice president of education and research at sesame shop, dr. rose marie, good morning to you. >> good morning. >> steve: right over there, we've got five-year-old anna and danny who are testing it out.

>> hello anna, hello, danny. >> steve: look at them. doctor, please do not be distracted by elmo right here. >> gretchen: that's okay. >> we're friends. >> steve: these are games. as parents, we always hear, it's important to start teaching your kids numbers and letters and stuff like that early. now we have the answer. the age is three. >> we want to make learning fun. these are wonderful tools to introduce early literacy and math skills to your children. parents have these consoles in their house, but there are very few educational games designed specifically for preschoolers. that's what we did. we made sure that the content is age appropriate, but also the interface of the game design, as well as these helpers. how do you hold the remote control. >> steve: you hold it like that rather than actually pushing buttons. >> exactly. with little hands, it's hard for them to hold it that. for design, we realized this two handed action helps children

intercounty with the game. >> steve: elmo -- this is so cool, isn't it? >> it really is cool. because there is the turtle, the aquarium. >> that's really a great idea because this is a literacy game but in the context of science. so elmo goes to the zoo and is learning about animals and all the wonderful vocabulary about the types of animals, while learning about letters, letters, sounds, and vocabulary. >> steve: what's your favorite animal at the zoo? >> elmo loves the giraffe. >> steve: long throat. >> like big bird. >> steve: excuse me. >> excuse yourself. >> steve: come over here for just a second. we got danny and anna. danny what, do you think? is it fun? >> yeah. >> steve: how old are you? >> five. >> rick: you're a little older, it starts at three. do you like it?

>> yeah. >> steve: anna, what do you think? >> it's really good. >> steve: it is really good. if santa was watching right now, is this something you would want for christmas? that's a yes from her. and from you, too? >> yes. >> steve: how old are you? >> five. >> elmo wants a play date with anna and danny. >> steve: what do you want for christmas? >> elmo wants everybody to love each other. >> steve: that's nice. very nice. >> i encourage parents to play along with their children because this is a learning tool. >> steve: it absolutely is. anna and danny, thank you very much. job well done. stick around, doctor, elmo, stand by. more "fox & friends" in two minutes. okay? >> okay. in two minutes.

>> steve: we're wrapping things up. elmo, stop it. you're on camera. >> elmo didn't touch you.