by the way -- >> sean: you play golf, what do you call that? >> a long walk interrupted. >> if you notice that swing you know why he plays tennis. i want everybody to buy larry gatlin's album. i thought that was a terrific bit you did about hannity. the guy is talented. despite the fact of his politics. >> god love you. i'm loving bob beckel, i can't believe it. >> sean: greta is next. thanks for being with us. see you back tomorrow night. >> greta: only here, you go behind the scenes of two news stories gripping the nation. president obama loses big in a virginia federal court. and you go to haiti with former governor sarah palin and reverend franklin to see for yourself. you will not see this anywhere else. first president obama, speaker pelosi and majority leader reid's smack down.

judge ruling the individual mandate in the national health care law is unconstitutional. we went to virginia where the virginia attorney general ken cuccinelli on the record. nice to see you. >> very good afternoon. >> greta: i bet it is for you. always more fun to win. >> it is. >> greta: you have a beautiful state capital. >> we have the best view in state government right here out of my office, the old state capital designed by thomas jefferson. >> greta: i think they ought to cut your pay because you get such a good deal. >> the governor might take you up on that. >> greta: you won. >> won round one, yes. obviously happy about that in the health care case. the key thing is that the individual mandate was found unconstitutional. and the fall-back argument by the federal government that the penalty if you don't bit government mandated health insurance being a tax was rejected by the judge. we are very happy today.

we recognize we've got a longer road to go. i'd much rather go down that road with a win to start with. i was a win. we won solidly. >> greta: interesting. you were not part of the mass case in florida with 20 or 21 states. you have a specific virginia statute here which says virginians can't be forced to buy health insurance. it occurred to me, that statute didn't have much to do with this. if the federal government has no authority under the commerce clause to require someone to buy insurance in any other state, you didn't feed that statute. >> that statute was most valuable for standing. which was round one. every constitutional law case has two rounds. round one where they try to kick you out. the united states filed a motion to dismiss over the summer. the judge rejected their motion to dismiss, all four arguments. the statute you are referring to which says no virginian can be ordered to buy health

insurance against their will, was a great aid to us. you are right it didn't matter in today's decision as to whether or not the mandate was constitutional and the penalty provision, but it did help us get here. that was passed in virginia on a bipartisan basis. we have a democrat senate and republican house. they both had to agree that was an appropriate protection for virginians. they did governor mcdonnell signed it. we are grateful for both bodies and the folks who sue poured it. it was widely supported here. that was the premiere legislative effort of the tea party folks in virginia. they are pretty happy about it too. >> greta: have you gotten calls from any other attorney general or did the governor call you? >> governor and i have have been talking over the last couple of days. >> greta: not since you've won? >> it has only been less than two hours. we shot it immediately over to him and his team because they asked for it right away.

we popped them a quick e-mail. we won, we lost was the two we were glad to send we won. we let them know right away. >> greta: haven't heard from anyone involved in the case from florida yet? >> i've been reading the order that's what i've the hour and a half since it came out doing and talking with my legal team where the folks who worked on the briefs, to understand what's in the order and what is not. and to try and process a little bit the judge's thinking. he writes in a pretty methodical way. it is a good order to pick up if you have not been involved in the case to read it. he will summarize both sides and then say his view of that issue. before and we recognize the writing style is very helpful for new folks to the case. that's what we've been doing since the order came out. as the day guess on, we are connect -- as the day goes on,

we are connected at the hip in our colleagues in florida. we hope they will do well. they have a hearing this thursday. their hearing on the merits is this week. we'll be watching closely. >> greta: you mentioned you are familiar with the judge. when the judge was an assistant united states attorney i was an intern for that judge. now, do i understand the united states claims essentially it had the authority to pass this health care mandate because the commerce clause gave them the authority and the general welfare clause they can tax. first to commerce. what did judge hudson say about the commerce clause and the federal government's authority to require this mandate? >> first, he repeated his, what i would call speculative statement back in the first round of the case the motion to dismiss where he said this appears to go beyond any enactment relying on the

commerce clause before. he said it does go beyond anything ever relied upon before. meaning relying on the commerce clause before, for the congressional authority to enact it. that was part and parcel of the logic of his ruling. this guess farther than anything has before. in fact, obviously the ruling demonstrates it goes beyond the power that congress has under the commerce clause of the constitution. >> greta: what the federal government argued is the aggregate everything together you are effecting interstate commerce an economic activity -- >> even folks who don't participate, correct. >> greta: what judge hudson said, you can't push someone into economic activity so you can aggregate it and say it affects interstate commerce. >> one of the boil down points of this case was, looking at the commerce clause case law that exists, focusing on economic activity. that word "activity" was very important.

what the federal government is trying to regulate is your decision not to do something. not to buy health insurance. they want to argue, as you just mentioned, if you aggregate all the people together, who decide not to buy health insurance that will have a tremendous impact on the market and delivery of health care. that aggregation theory has been used before. as recently as five years ago in the case which justice scalia wrote. it is not a new theory to the government's argument. the judge rejected that as not applying here because nobody is doing anything voluntarily that brings them into the stream of commerce or has been acting in a way that affects the stream of commerce. none of those exist. and he said without that, you are beyond the scope of the commerce clause power. >> greta: which is interesting. two other federal judges so far had a different view in terms of whether or not the federal government has the

authority. two other judges disagree with judge hudson. >> including one in virginia on the other side of the state. we have two districts eastern and western. in the western district they just had an opinion issued where the mandate was upheld as proper exercise of the commerce clause power. even those two judges have said the taxing argument does not apply. the federal government is reaching too far. even the judges favorable to them on the individual mandate. >> greta: in the decision the judge talks about the income thing is the federal government says it has the taxing . the day they signed the bill the senate passed the bill in december of last year they were careful to change it from tax to penalty. that makes a difference. whether it is a tax or penalty. >> right. the president was very emphatically arguing this is not a tax. while the bill was in process. then it became law and we challenged it and they began to argue this is their

fall-back. no, really it is a tax. this5> that's the inter section of the politics and the law. that's the [ unintelligible ] now, there's usually in the statute says something can or captain be severed out. the judge ruled you in terms of severability. the supreme court says look at it narrowly to see if i can remove a particular unconstitutional provision. >> took out individual mandate which is interesting because and the federal government conceded that all of the insurance provisions had to go if the individual mandate

went. unless you -- he has a sentence or two in the ruling that suggests that the enumerated sections affected by the individual mandate should also be declared inoperable. we are still looking at the remedy piece. our focus obviously has been first and foremost on constitutionality. we know this case is not just about health insurance, it is about liberty and the outer boundaries of the constitutional power. in that respect we are happy with the outcome. >> they are going to appeal. do you intend to appeal the fact that you lost the severability aspect? >> we've been looking at it, we are looking closely at the possibility after peeling the remedy'g÷ piece. -- at appealing the remedy piece. we haven't finalized a decision. we have thirty days to appeal we will use some of that time

to take a closer look at that question. >> greta: is there any way this statute gets funded if the mandate is unconstitutional? if they can't require people to pay for it. i realize you didn't win the severeability argument. any way this gets funded within the statute if that is gone? >> no. that's why the federal government in their briefs conceded if the individual mandate is unconstitutional all the insurance elements need to go with it because it is the funding mechanism. there was a way they could have achieved the same goals constitutionalityly. to have passed a -- constitutionally. to have passed a tax bill that funds the tax provisions. they didn't want to vote on the tax. they wanted to just use this circumventing route to get around the tax requirements. so they required all of us to buy this health insurance that they were gonna mandate the

terms of from private providers. that's how they fund this programíoof theirs. now, the funding mechanism, the center pole of the tent is gone. they have no way to finance this. so, the federal government is going to have to go back to the drawing board on that. hopefully, we'll get a more comprehensive review by the new congress and get some real health care reform that will put consumers in control and not add more and more power to government, a direction we've been going for 45 years without much positive outcome. >> greta: sir, thank you. now what, could the decision in virginia spell huge trouble for the feds in the health care lawsuits? florida attorney general mccollum is fighting the feds, he's here, next. you want the inside story? in minutes, you go to haiti with governor sarah palin and reverend franklin gram. this is good or maybe it is

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>> greta: president obama must be furious tonight. remember the mandate ordering you to buy health insurance or pay a penalty? a judge in virginia just declared that mandate unconstitutional. what if anything will this mean for the other states

suing the feds? florida and 19 other states filed a joint lawsuit. florida attorney general bill mccollum joins us live. good evening sir. the virginia decision is interesting and may be instructive, but not binding on your judgment is that right? >> that's right. i first want to congratulate attorney general cuccinelli. i think it does tell us something. as judge hudson gave a little forewarning of how he might rule in his case with respect to the commerce clause and the individual mandate exceeds the authority of congress. judge vin isn't in our case in florida, similarly during the motion to dis-- dismiss hearing and after gave that same indication. i believe the judge today ruled correctly with a great deal of basis for doing so and explained it carefully. i would like to believe once we finish the summary judgment argument in our case that judge vincent will rule in the

matter similarly. i hope he also rules in our favor on a portion of our case which is not like the virginia case that deals with the 1.9 million people that will be now covered under medicaid and the cost of which will largely be born by the state of florida, that may come about as a result of this health care legislation. and the fact we think that provision that the state didn't agree to, none of the states agreed to and the federal government is forcing us to pay for is also unconstitutional. >> greta: let me ask you about that 1.9 that will be added to your rolls. let's say we never have those statutes doesn't florida pick up the tab any way? it is just a question of who pays for the 1.9? >> maybe in one sense. the private system pays. there's are billions additional spences to the states that the federal government by virtue of passing this provision in

health care is forcing states to assume. i don't think the stays would necessarily and the government and taxpayers would pick up this cost. at the end of the day we have a good argument on this as well as on the individual mandate matter. which the two taken together, i believe give us persuasive argument the ruling that judge hudson made today. in fact, this is not one or two pieces that are severable. that the entire health care law should be declared unconstitutional. it is all tide together. i thought general cuccinelli careful explained why that rational was wrong judge hudson did. and why even the federal government agreed with the premise that the rest of the insurance provisions can't stand without the individual man the rest of the bill can't stand, the rest of the law can't stand without the individual mandate and medicaid -- forced medicaid

enrollment provisions that are there that the states would have to pay for. >> i side with judge hudson on the severability issue. tell me this, whether you win or lose, there's now a cop flick between federal courts judge hudson and the other two decisions. one is very different from that. there's a conflict. will you agree after your decision that this should try to get some sort of accelerated review? >> well, i think there's a question about that. some of the governors would like to see it accelerated. i think we have to wait and see the outcome in the ruling in our case. it might be beneficial from a legal standpoint to see this go through the court of appeals and let them review some of these questions. on the surface politically, the sooner it is revolved for the country the better. i wouldn't stand in the way of that. i would think going as soon to the supreme court as possible maybe something all parties would want.

i would be curious to know what the justice department thinks about that. >> greta: thank you, sir. coming up rnc chairman steele makes his big decision. is he or is he not running for reelection? yes or no? chairman steele is here to tell you. >> you will not see this anywhere else but right here in minutes, you take a trip to haiti with governor sarah palin and reverend franklin graham most people like to hear they've done a great job caring for their teeth. that's why i recommend a rinse like crest pro health complete. it's a more comple way to a better dental check-up. giving you a clean, healthy mouth. new crest pro health complete rinse. just shake it. [ rattling ] [ male announcer ] need ink? staples has a low price guarantee on all the ink you need. find a lower price at another store, and we'll match it. that was easy.

>> greta: rnc chairman michael steele is making huge political news. is he going to run for reelection as chairman or not? he joins us live. >> nice to be with you. >> greta: i know the and because i heard it earlier. >> yes. i think the work of the party that we began over a year ago

year and a half ago, two years ago needs to continue as we set our sights to 2012 and what we hope will be the election of the republican president in 2012. >> greta: it seems toeg in terms of the criteria, two questions whether you can win seats. and you did pretty well. >> we did. we did well. >> greta: you get credit and blame. >> absolutely. if we had not won the seats we won, 64 in the house, 21 legislatures that flipped from democrat to republican. certainly that would rest at my doorstep. in the '09, 2010 cycle we raised 179 million dollars a lot was small dollar donations that's the new political playground. we've got to be able to adapt to that and we did. we took advantage of opportunities to raise the

money and win the election so we have control of the house. i'm looking forward to referring to mr. boehner as speaker boehner. >> greta: i think the second criteria that i would look for if i were picking a chairman, money. what is the bottom line right now? you any money? >> we do. >> greta: how much you got? >> our last cash on hand, the beginning of december, another report in january to reflect a longer period from december 2nd to january 17th, or so about 3 1/2, 4 million cash on hand. >> greta: what did you have when you assumed the reins? >> we had 20 something and raised another 89. >> greta: how much did you have two years ago when you became chairman? >> after the '08 election there was money transfered from the mccain campaign after the election. about 20 some million.

>> greta: now you are down to three. >> we spent a lot of money. you can't look at it in terms of where you begin and what you end. you are talking two periods. one election which you had 13, 14 million dollars spent on governor races of virginia and new jersey, massachusetts and hawaii. you are talking about helping the other party committees, nrcc payoff their debt in 2009. you can't look in absolute terms. you look at dollars that come in, what you do with those dollars and how you get geared up for the next cycle. >> greta: why are some gunning for you? >> my style is a little different than most conventional republican party chairman. more grass roots oriented. i'm more of a street guy. i love boardrooms, but i prefer to be in neighborhoods and communities. my first trip was to go to harlem. they asked why? that's where the votes are.

the party needs to get out of its comfort zone. >> greta: african-americans are typically democrat. >> we had an incredible candidate in michael faulkner who ran against the machine up there, if you will. did reasonably well. yeah, he lost but the seeds were planned. you plant seeds in places where you are gonna lose and win. >> greta: is the job fun? >> job is fun. look, i think now we have a chance to move forward in a very aggressive way to take on the obama administration and his agenda and that's what we are going to do. >> greta: thank you. next we go to haiti. you will see firsthand what is happening in haiti, next. plus governor palin taking heat for something that happened on the haiti trip. happened on the haiti trip. but since we [ male announcer ] you are a business pro.

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>> greta: you are going to haiti with governor sarah palin and reverend franklin graham. since the earthquake the country has been plagued buy more problems. now a new one, cholera. reverand graham's group is running emergency cholera sites. you are going to some of the hardest hit areas of haiti. we are en route to haiti where the cholera outbreak is unbelievable. more than 2,000 people have died since mid october. samaritan's purse is on the ground. we are going with samaritan's purse. reverend franklin graham, his daughter, governor palin, her family. governor we just here and already we've soon a lot but it is only the beginning. >> these people have had natural disasters now cholera outbreak. it lets us see, opportunity to help and send a message back to those who are more privileged materially to have

opportunity here to share with these who are hurting. >> greta: sometimes it is dissaysing. horrible tragedies, natural disaster, the hurricane in january. there's a huge outpouring and a big rush. now we are almost one year later. there has been progress, but we've gotten violence in the streets. essentially no government. a lot of aid ed hasn't arrived. there's now a cholera outbreak. it is somewhat disappointing. >> a lot of aid that was planned ended up not where it should be on the frontlines where helping people, unfortunately. but, what we are seeing now is for instance with samaritan's purse. we see those who are committed to the cause. they are still here, still helping. i think they need the word out there that they are still in dire need here. they want that assistance, via materials, people, resources, to help them complete the m here. that's restoration of really

this most beautiful area of the globe. >> greta: president obama asked presidents bush and clinton to be his representative here. just to give some idea of how bad in is, president clinton wanted to come down. reverend graham told me, president clinton wanted to come a couple of days ago, it is so dangerous, the secret service and i assume the united states government said no. >> that is unfortunate that someone of his stature can be here to send that message to the world that there's still help needed. as we are driving around and seeing the armed guards out of the corner of our eye as we pass by. that's an illustration of the turmoil, the political unrest that is here. >> greta: interesting, it looks a little like kabul, afghanistan the little i've soon of that. it looks like a war has been through or is ongoing. >> that's natural disaster and

the political unrest combined. there's elements that have combined to create this perfect storm of a lot of, again, resulting in dire need in haiti, a lot of people who are more privileged and have more, that are able to share if they can see this hear the stories, certainly, i think pursestrings of americans and others can be tugged and assistance can be provided here. >> we we start building these things, we kept having this discussion, how do you build 'em? i told the guys get me some stick wood, done cut it, go inside our warehouse and build it. let's quit talking let's just build one. the guys went and build one. 11:00 in the morning. 4:00 they said some look what do you think? okay let's make some changes here and there.

what you've got is room over here for most houses that have a lot of children. you can put eight kids on the wall here, get them little matresses. the couple have their beds. use this for kids or like they are doing here to store their stuff. the problem is water. you've got water everywhere but can't use it because it is contaminated. we put a metal roof up and gutter and we give them these rain barrels. what you do is, you run the spout in here and we designed it that the water from outside, it goes inside to keep people from stealing water. >> greta: we have met a number of haitian children. >> beautiful, happy children who seem to be content and joyful and look around greta,

they don't have much. the babies don't have diapers. the kids done have much. yet they have smiles and looking around for i think for some little bit of compassion that the rest of us can provide. >> greta: quite sobering. >> sobering, puts things in perspective, reminds us as americans who have so much, we were put on this earth to reach out and help those who are less fortunate. >> greta: this is where a number of women are cleaning their clothes. i can't emphasize how serious the water problem is in haiti for cholera. you can imagine how we look at this and we see them washing clothes that are dirty in the water. we see people drippinging this water. they are working hard here to get their clothes clean. but this is not an ideal situation. if you notice, they wash their feet, they take bats, they -- they take baths, they watch their clothes. churn don't wear diapers which

adds to the problem because a of the cholera is from situations where the bacteria from being passed around through the water. but this is a country in great need. so vastly different from what it could be. it is a beautiful country. haiti could be beautiful, prosperous. but it has terrible unrest, terrible violence and now this cholera epidemic. see all these kids in the room. what they don't know is that all these boxes in front of me, right here are filled with gifts from samaritan's purse this is for christmas. the kids don't know it, but they are about to get the thrill of a lifetime, maybe their christmas presents courtesy of many people around the country con butting and helping samaritan's purse make this christmas possible for all these kids and literally kids around the world. get ready to watch kids this is fun.

♪ ♪ ♪ ♪ >> greta: government -- governor, you fan any children who don't want any? [music playing] of these kids is the first time they've ever had a gift in their life. they don't know how to spoken. some of them, you saw some just sat there and didn't know what to do. it just breaks your heart. at the same time it fills your heart to know that there's so many people behind this program that has prayed, worked that has given. >> greta: i want the people who participate in the program

from coast-to-coast, the united states to take time to know it was so well worth i. >> thank you. >> thank you. >> greta: video pictures behind the scenes stories about our trip to haiti, go to gretawire.com. here's one story about the trip you might want to hear. did you see this ap picture of governor palin? the caption read governor palin has her hair done during a visit to a cholera treatment center. many websites went wild hammering governor palin for bringing a hairstylist to haiti. the person is not a hairstylist it is the governor's daughter bristol reaching up and fixing her mother's hair. check out the similar picture i took the same day. was that ap caption lame and deceiving? and why did they do it? we report, you decide.

>> the health care war just heated up. virginia just beat the obama administration. why is governor mcdonnell calling on other governors who support the health care law? >> a popular u.s. senator talks about on the record on talks about on the record on the floor of the u.s. senate. hi. you know, if we had let fedex office pri our presentation, they could have shipped it too. saved ourselves the hassle. i'm not too sure about this. look at this. [ security agent ] right. you never kick off with sales figures. kicking off with sales figures! i'm yawning. i'm yawning some more. aaaaaaaand... [ snores ] i see your pnt. yeah. snores ] [ malannouncer ] we understand.® you need a partner who delivers convenience. next time use fedex office. ♪ ♪

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>> from america's news headquarters, i'm ainsley earhardt. the fbi now helping with the investigation into saturday's car bombing in stock hom. swedish authorities are requesting the bureau's assistance. the suspected bomber, a swedish-born citizen in iraq. prosecutors say the suspect sent emails to police in a swedish news agency, referring to jihad. reports say that yahoo will begin laying off more than 600 employees on tuesday, close to 5% of the web site's staff. the layoffs coming with yahoo

facing stiff competition from google and phases book. the nikkei is down, and the hang seng is up. the dow jones futures are 11365. for more business news, we welcome to you tune to the fox business network, giving you the power to prosper. i'm ainsley earhardt. now back to "on the record" with greta. have a good night. , thanks for watching. >> greta: president obama loses a battle today this is a big within. virginia just beat the feds in court. a judge just declared the mandate in the national health care law unconstitutional. we went to virginia where governor mcdonnell went on the record. nice to see you. >> nice to be on with you again. >> greta: were you happy with the decision from judge hudson or not? >> yeah this is what we asked for. to have a declaration that having a mandate that a it is of virginia buy a product of insurance and if they don't to be penalized with a fine. we've always said that is

against the united states constitution. that was the guts of the judge's ruling today to say the commerce clause does not allow the united states congress to do that. we would have liked to have a stay in the implementation of the law. but the judge chose not to do that. on the fundamental issue of internship tating -- inch terping the constitution they got that right. >> greta: the state has asked for an injunction and the judge said it doesn't meet the standards. you already have costs already, do you not? >> we do. since the passage of the bill we've had to assume this law is going to be in effect. i've designated my secretary to start setting up examine changs and hiring people and setting up procedures, insurance exchanges that need to be done. some things that are implemented now. some in january of 2014. what people want now is predictability and certainty. this is o'-- is this law going

into effect or be stricken by the united states supreme court? i have urged a joining in with me to bypass the court of appeals and go to the supreme court. everybody knows that is where it is going to be decided. let's not waste another year get it to the sprblg get a time decision on the constitutionality. people will -- will know what the landscape is. >> greta: you want governors in states that agree and disagree to join with you? >> yeah, because in is not about the merits. governors will have different views on what they think about the unlying bill. but nobody should disagree we don't need a prompt and quick answer for individuals, businesses, health insurance companies,s did, let's -- companies, doctors, let's get this resolved. get it right to the supreme court let them make a decision. i know the attorney general of

virginia is going to ask for that from the justice department. i fully support that and hope other governors will weigh in and say let's get this resolved. >> greta: have you spoken to any other governors since the ruling came down in richmond? >> a couple. >> greta: who? >> they probably wouldn't want me to say, i've spoken to people on both sighs. obviously, some are disappoint >> greta: who have you spoken to? >> i had a nice chat with my good from martin o'malley, does a lot of work with us. we tacked about the ruling. but, i'll just say that there will be different views on what they think about the ruling. there shouldn't be tkpwrplt on let's get this resolved at the supreme court quickly -- so everybody knows what the rules are. [ unintelligible ] >> we in a nice discussion. i followed up on the letter that i sent last thursday i sent to all 50 governors.

i asked him to consider signing it he's a leader among the democrats. hopefully, he will be interested in doing that. this part is not partisan. this is a procedural issue to get the law clarified. the one thing business abhors and we've seen a lot of this out of washington, unfortunately, the lack of certainty and predictability. that's what kills business. as long as we might have to go years of appeals, it is not gonna help the economy recover. it is not going to create certainty in the health care environment we need. >> greta: are you gonna go full speed ahead expecting it will be declared by the supreme court unconstitutional? or full speed ahead that it is constitutional? what do you do now even the fastest would be six months or three years sitting up in the supreme court. >> i have to operate like every governor does assuming this will be the law of the land. >> greta: and though right now it is not in this jurisdiction

right now, the mandate. >> the mandate is not. the judge did not stay the implementation of this. while he has ruled that it is unconstitutional in virginia, there's not a stay of the implementation of the law, because the judge realizes that the major issues are taking place in january 2014. the problem is it takes three years plus to get these health care exchanges set up in a reasonable way. think governors across the country are still going to have to lay foundations to implement the exchanges, other insurance law changes and things that need to be done. if it is held in our favor, at the united states supreme court which i think it will be under a reason able -- the sooner that is done the sooner we done have to spend money on things that might ultimately be stricken. >> greta: governor, thank you. next, bet of the rest. is all our reporting on waste and fraud making a difference?

that would be good news. on the record came up on the senate floor. stay tuned. quarterback brett favre reaches the end of a very, very, very long journey but one never duplicated by anyone in the nfl. stay tuned.

>> greta: here is the best of the ref. night after night, "on the record" has been hammering congress and white house the white house for promising but not cracking down on waste and fraud. are we making progress? listen to mary landrieu on the senate floor. >> i was on greta van susteren's show last night. greta is always a tough interviewer but fair so i'm happy to go on. it was a tough interview and we debated these things. i think that is important to debate them here, on television town hall meetings. she said senator we are frustrated, nobody ever hears anybody say they want to cut spending, eliminate waste, fraud and abuse. let me concede this point, that for me, i don't think we do talk enough about eliminating the waste. eliminating the fraud. and eliminating the abuse.

>> greta: and then there's this, the end of an era. for the first time since 1992 brett favre is starting -- is not starting a game for his team. he injured his shoulder december 5th. the quarterback started a record 297 straight regular season games for the packers, jets and vikings. the last time faye did not start was september 20th, -- time favre did not start was september 20th, 1992. peyton manning has the second streak he has a long way to go to break the favre record. there you have the best of the rest. >> the first ipad ban. instruments? not necessary. we are going to prove it. knows how to make things that are good for you. new v8 v-fusion + tea. one combined serving of vegetables and fruit

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>> greta: 11:00 is almost here, flash studio lights, it's time. last call. instruments? who needs instrums. the band at north point community church proved it sunday morning using ipads and iphones. ♪ [ music ]