if there's already a national emergency, do we really need to hear this? >> ♪ papparazzi >> get all our stuff, lady gaga is coming to get us. good thing that's only a test. fema's botched broadcast goes gaga. "fox & friends" starts right now. >> it's "fox & friends." >> good morning, everyone. rick perry was doing by all accounts better than he had done in past debates last night for the first 74 minutes and then there was a brain freeze. now, i have to say as somebody who does live television every day, i don't know how you guys feel about this, i have a slight bit of empathy for him. when that happens plenty of times on this show, i'll be like what is that number three again?

it happens. it happens. but he is running for president and that could be a problem. >> i spent the whole show with a blank look on my face. i can't say anything. >> that's the minute, the minute that happened, nothing but empathy. there's no way i think he's done because of that. i think he looked human. i know it's embarrassing for him. but he's owned up to it right away. >> he did indeed. we'll tell you the -- his point of view and nevertheless, here, ladies and gentlemen, are the 52 worst seconds of rick perry's life. >> and tii will tell you, it's three agencies of government that are going to be gone. commerce, education and what's the third one there, let's see? > >> commerce, education and the -- >> e.p.a. >> e.p.a. there you go. >> seriously? >> is e.p.a. the one you were

talking about? >> no, sir. no, sir. we were talking about the agencies of government, e.p.a. needs to be rebuilt. there's no doubt about that. >> you can't name the third one? >> the third agency of government i would do away with is education, commerce. the third one, i can't. i'm sorry. oops. >> indeed, later when they came back to him for another question, he started it by saying the third one was the department of energy. but, you know, you're on live television. you got a bunch of men and women who want the same job you do. put yourself in his shoes. you can certainly identify with him because it does happen. >> i guess it proves nobody is talking in your ear during those debates. i guess it proves that nobody has a little ear piece where people are feeding them the answers. >> remember, they accused george bush of that. >> one thing i love that they did on the debate is they put

the crawl that people were able to respond. i saw on the crawl, larry sabado's tweet. >> very perceptive. it was on the bottom of the screen. perry's forgetfulness is the most devastating moment of any modern primary debate. it's interesting. over at the "washington post," one of their correspondents, aaron blake tweeted and he said top perry fundraiser to me, perry campaign is over. time for him to go home and refocus being governor of texas. meanwhile, the governor of texas himself had this reaction after the debate. e>> yeah, i stepped in it, man. yeah, it was embarrassing. of course it was. now i'll remember the energy department. >> what he means is he'll be at the next debate in south carolina. i believe it's sunday night. >> give perry credit. right away, he contacted our people last night and said we're coming on at 7:00, 7:00 eastern time so less than an hour from

now, he'll be on live. i love the way he handled it last night afterwards in post-game show. everyone messes up. i don't think it's close to a -- >> fatal? there's this training platform where people can put their money on predictions and in trade going into the debate last night, mr. perry had a 9% chance of becoming president of the united states. after the debate, he now stands at 4%. what do you think? e-mail us at friends at foxnews.com. >> one of the important things to add to that is envision perry up against obama and maybe you would have a different way of looking at that. in the meantime -- >> i don't think president obama would have helped him. >> that's right. just visualize that. see if that changes your opinion one way or another. >> pardon me for a sec, all you have to do is imagine if he were the candidate, if he were the candidate for the republicans, you got to figure the white house would probably put out an ad, all right, it's the middle of the night, would rick perry

remember what to say? you can just see that. >> somebody who decided not to go to the spin room afterwards to take on questions was herman cain although he did take on the question about his character during the actual debate. you have to listen to this whole snippet if you missed it because maybe the most interesting part about the answer is what happened during the question. watch this. >> mr. cain, the american people want jobs but they also want leadership. they want character in a president. in recent days, we have learned that four different women have accused of you of inappropriate behavior. here, we're focusing on character and on judgment. you've been a ceo. >> yes. >> you know that shareholders are reluctant to hire a ceo where there are character issues. why should the american people hire a president if they feel there are character issues? >> the american people deserve better than someone being tried in the court of public opinion based on unfounded accusations.

>> absolutely had to be asked. it's dominated the political talk over the past 2 1/2 weeks and we're continuing to see press conference after press conference and response after response. but i wanted to see personally how the other candidates would react. they have to weigh in and say i'm disturbed, herman cain about these allegations because he is leading and he's got within -- he's doing what they all want to do. >> at the last debate, mitt romney took herman cain to task when they were talking about apples and oranges and things like that. mr. romney was asking a question, whether or not he would fire herman cain and the answer, here's mr. romney. >> you purchased a lot of companies. you could fire the ceo and the management team or you could keep them. would you keep a ceo -- are you

persuaded by what mr. cain has said? would you keep him on if you had bought his company? >> look, herman cain is the person to respond to these questions. he just did. the people in this room and across the country can make their own assessment. >> for all the talk there has been about the republicans attacking each other on stage in the past debate, i thought that was one of the best moments because even though mitt romney has attacked herman cain in the press in some other events in the last couple of days over these character questions, he didn't do it last night and i thought that was a very standup moment between the two of those men and very interesting to hear the audience's reaction and i think the questions were perfectly acceptable as well. >> i thought mitt romney showed guts and the detroit audience saying i'm not for the bailout that you received that sustained a lot of those jobs and essentially said because the unions got a piece of the action, he wanted to see the

right type of bankruptcy. >> newt gingrich, though, you know, a lot of the analysts are saying today that newt gingrich could actually make some headway with mr. cain's problems and mr. perry's brain freeze last night, newt could make some head way and over the last couple of debates, he's come up with a winning strategy. he bashes the media and he'll say at the debates the format is crazy and throw out some red meat like fire bernanke. last night, maria bartoromo was trying to pin him down on how he would fix the health care problem in this country in 30 seconds. mr. gingrich did not take the bait. watch. >> historically this is the richest country in the history of the world because corporations succeed in making both profits and jobs and it's sad that the news media doesn't report accurately how the economy works. >> what is the media reporting inaccurately about the economy? >> what? >> what is the media reporting

inaccurately about the economy? >> humor to the question, that's terrific. i have yet to hear a single reporter ask a single occupy wall street person a single rational question about the economy that would lead them to say, for example, who is going to pay for the park you're occupying if there are no businesses making a profit? >> great answer. >> good question. i don't think i heard a reporter ask that down at zuccotti park on wall street but it's a very interesting question. we'll tell you more about those occupy wall street protesters as well coming up. where do you think they're putting the dough they're raising? it's not a trick question, you probably know. >> even though it was on one of those nbc cable properties, if you watched the debated last night, who was the winner? who was the loser? e-mail us and we'll try to include some of your comments. also, do you have a question for rick perry. he'll be on with us. >> this is a huge story, gretchen. >> huge. it happens as the debate is going on. riot police called to the penn state campus overnight following the ouster of head football

coach joe paterno. you're looking at nearly 2,000 students, many of them with signs of support. but others got violent flipping over a tv news van and throwing rocks at reporters. all this just moments after the university announced it would not allow paterno to finish out the season as he had hoped. the legendary coach briefly emerged from his home late last night and thanked students for his support but said he was disappointed in the school's decision. he and the university president both fired following the arrest of jerry sandusky. the former defensive coordinator sandusky accused of molesting eight young boys. it's believed paterno knew about one of the incidents but never told police. chaos breaking out in california overnight. at least seven people arrested during an anti-wall street protest on the u.c. berkeley campus. look at protesters. they went head to head with the police.

>> both police and college officials say they've warned protesters they could not camp out on campus overnight. those warnings were apparently ignored. at least six students and one professor are behind bars charged with resisting police. the white house has until noon today to hand over solyndra documents subpoenaed by congress. obama administration is not expected to comply. that would force a showdown over memos, e-mails and all internal communications related to the $535 million government loan to the now bankrupt solar panel company. while republicans on the house committee and investigative panel want to know why the loan went through despite warnings that the company was, in fact, failing. it was only a test. but it failed. fema's first nationwide emergency alert test was supposed to happen at 2:00 p.m. eastern yesterday. instead of the test, some people actually heard this.

>> direct tv viewers heard lady gaga singing "papparazzi" over the alert. in some places, it ran long and in other places, it sounded garbled and some stations didn't get it at all. fema trying to work out the glitches. i guess this is why they need to do a test because the test doesn't work. in the case of a real emergency, we would be hearing lady gaga. >> right. let's hope not. >> during a real emergency, according to you, we'd be hearing billy joel. >> that's who we hope for, my life. grab your life and run for it, you know. straight ahead, should the united states bailout broke european countries? mitt romney said absolutely not at last night's debate. is he right? charles gasparino from the fox business network weighs in next. >> police rush to save a little boy's life. he's being crushed by a car and they got nothing but their bare hands and you've got to hear this story, too. conan?

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>> the european debt crisis spent the market spiralling yesterday. what did they finish down? >> 300, 400 points. >> and the g.o.p. debate last night, presidential hopeful mitt romney made clear that the united states should not bail out italy or u.s. banks with a lot of italian debt. >> there's going to be an effort to try to draw us in and talk about how we need to help italy and help europe.

europe is able to help europe. if we stay on the course we're on with the level of borrowing this administration is carrying out, if we don't get serious about cutting and capping our spending and balancing our budget, you're going to find america in the same position italy is in. >> in a couple of years, he went on to say. meanwhile, fox business senior correspondent and the guy who knows how far down the dow finished yesterday, charles gasparino is here. >> 390 or something. >> since italy appears to be on the brink, if they need a bailout, it's not going to be from us. >> this isn't a screw upas bad as rick perry's, it shows a lack of fundamental knowledge of the presidency and how the bailouts occurred. in 2008, european banks were essentially bailed out like u.s. banks through the fed. the fed chairman controls all that and the president of the new york fed as well. >> it was secret and nobody knew that he bailed them out. >> that's the whole thing. i mean, mitt romney as president

has no control over these backdoor bailouts and the real question to him shu been a follow-up question, will you allow the fed to do the back door bailouts as they did in 2008 and what would you do about it? would you not reappoint ben bernanke or use the bully pulpit to go after the fed. that's the real question that he wasn't asked. he didn't get what went down in 2008. >> what i heard him say essentially if there are some american banks that made bets on italy's economy, in the form of loans or whatever to italian banks, ok, the u.s. banks made those bets, we're not going to bail them out. if they go haywire. >> the fed has tremendous power in this regard. is he going to tell the fed chairman who believes there's systemic risk that it's going to spread across the globe if we don't bail out the u.s. banks that, you know, let's let them fail and let bank of america fail and let j.p. morgan fail. i'm not saying those are banks connected to europe. is he going to say that to the federal reserve chairman and

will the federal reserve chairman necessarily listen to him. that's the one issue that ron paul has. the fed is really independent. >> meanwhile, let's switch gears for a second. here's a little soundbite. harry reid talking about who's lost the jobs. listen to this. >> massive layoffs we've had in america today. have, of course, really in the last administration and it's very clear that private sector jobs are doing just fine. public sector jobs where we've lost huge numbers. >> he got it exactly backwards. he said, you know, the public sector is going down. private sector going up. he got it backwards. we got a little animation. let's put it up so folks can see it right here. look at this. federal government has gone up 230,000 jobs. state, local, education about 150,000 jobs and private sector has lost six million jobs. what is harry saying? >> who knows what he's saying? i mean, the numbers speak for themselves. i will say this, there are

cutbacks at the state and local level in terms of jobs. there's no doubt about that. you know, budgets are too big. they're bloated. they're bleeding. so governors and mayors are cutting back but even compared to the extent of job losses on the private sector is mind boggling. it's as if he doesn't understand the economy, what else could you say? >> it could be an election year. >> or he could be smoking something. >> very good. straight ahead, the wall street protesters siding with one of the big bank. wait a minute, they hated the big bank. and we told you about the government's christmas tree tax. now, it's rethinking that $0.15 fee but judge napolitano says it was never about the money. he tells us what's really going on straight ahead. looking good! you lost some weight.

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>> welcome back, everyone. we first told you about this story yesterday. the white house wanted to put a $0.15 tax on fresh christmas trees this year to fund an advertising campaign to boost sales. well, that tax now on hold. was there ever about the money anyway? joining me now is the host of "freedom watch" on fox business network, co-host of "the five" and fox news senior judicial analyst judge andrew napolitano and author of many books. i thought you were going to self-combust telling me about this story in the commercial break. >> this is outrageous, the department of agriculture has the authority to make rules that govern agriculture. so they could, for example, promulgate a rule about

harvesting corn. when they do that, they publish the rule for 30 days. if congress doesn't interfere, the rule has the force of law. what they attempted to do earlier this week was to impose a tax on people who will buy a christmas tree by saying, there shall be a $0.15 per tree tax and the money shall be dedicated to advertising the fact that live trees are better in our opinion than artificial trees. if congress hadn't interfered with that in 30 days, that tax would have become the law. in direct defiance of the constitution of the united states of america which says only congress can tax the people. this was about power is what it was about. >> does it change your mind at all just to get all the facts out there that the majority of the farm growers of christmas trees were in favor of this tax? >> the majority were in favor of the tax because they wanted to exclude the small growers. this is a cartel. this is corporatism. this is cronyism. this is the white house getting in bed with a select group of growers to try to put the other group of growers out of

businesses and they're using christmas to do it. bah-humbug to these people! i know we're kidding around with the bah-humbug but it's a serious issue when they can impose a tax on people and the constitution says only the congress can. >> let's look at the white house's spokesperson on this. it says the obama administration is not taxing christmas trees. what is being talked is the industry group deciding to pose fees on itself to fund a campaign similar to how the dairy producers have created the got milk campaign. have a problem with that statement? >> yes, i have a problem with that statement because again, it is a select group of growers imposing a tax on everybody. the large growers can tolerate that tax. the small growers will go out of business. they can't tolerate it. >> unless they pass it along to the consumer. >> correct. if it's passed along to the consumer, it violates the constitution. >> we've come full circle. >> yes, we have. >> and thank goodness they backed down. >> well, it's -- >> that surprises me. >> it was a quick turn around.

>> only out there for two days. they had 30 days. >> something that won't surprise us is you'll be on your show tonight, "the freedom watch" hosted by the judge. don't miss it. great to see you. >> pleasure. >> police rush to save a little boy being crushed by a car. you got to see this video and they have nothing but their bare hands to save him. then where do you think the occupy wall street protesters are putting their money? i posed this question to you at the top of the show. it's not under their mattress! nope, they're headed right to the same big banks they're protesting against. is that hypocrisy? we'll decide. first, happy birthday to miranda lambert. she won female vocalist of the year last night in time for her 28th birthday. courtney friel coming up live from nashville with all the highlights from last night's awards. ♪

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something with the cma's, country music, the last country music star we had on was hank williams jr. is that related at all to the clip you're about to see? >> i think it might be. they did a little funny. watch this. >> ♪ are you ready for an awards show are you ready to party ♪ ♪ yeah this is rocking brad sephus ♪ >> stop it. you cannot sing that song! >> what does that? who interrupts somebody! give me one good reason why i can't sing that song. >> you honestly don't know. >> no. that doesn't make any sense. >> hank said what? >> ♪ let me help you get the picture yeah you can get drunk and start carrying on ♪ >> ♪ but you can't compare the president to hitler ♪

>> hank williams jr. >> how are you doing? >> it was all brad's idea. you need to know that. >> really? >> yes. is there anything you'd like to say tonight. >> no. why don't we just sing? >> ok. >> ♪ are you ready for an awards show ♪ >> ♪ are you ready to party ♪ gonna get it started >> ♪ yeah we got taylor and keith and kenny, that's right ♪ >> ♪ all my rowdy friends are coming over tonight ♪ >> somebody's got a sense of humor. ladies and gentlemen, live on "fox & friends." hank, come on over. >> steve, you almost had me on that one. >> i did! >> always good for surprises and we are celebrating a birthday a little later in the show. >> we're celebrating two birthdays. >> that was a great way -- talk about a way to get people into a show. that's the way to kick it off. >> i was glad they didn't roll

in the song they had on itunes where they say don't watch our show. we shouldn't probably air that one. i'm thinking not. >> listen, courtney friel will live coverage from nashville of the cma's very shortly. so put down that remote. let's talk a little bit about occupy oakland. another town where people sleep in tents and stuff like that. you know the whole occupy -- >> sleep in tents and break windows. >> and do other stuff in the tents. all these occupy things have one thing in common. they're pretty anti-capitalist and certainly anti-bank so that's why it was stunning when occupy oakland decided, you know what? we got some money from occupy wall street, let's put the money in a bank! >> the group's general assembly agreed in a near unanimous vote on monday that that's where they should put the $20,000. so here is their response to that. is this what it is? the full screen? >> i mean, that's -- >> they took the window -- >> they broke the window at the wells fargo and come back the

next week and deposit their money at the bank. >> i thought we had a statement from them. we don't need one. apparently we know that's -- >> what's the biggest nightmare for a parent? waking up in the morning and spotting one of your kids at one of the occupy movements? >> thought they were in school. what are they doing over there? it's good for wells fargo. even though occupy wall street has said they're gangster, it says wells fargo represents the 100% of americans to allow us to help them meet their financial needs. >> let us know what you think about that. should they put it under their mattress instead or was wells fargo the right place to dump it? let's do some headlines. >> start with stunning news out of venezuela. washington nationals catcher was kidnapped in this native country at gun point. according to reports, four gunmen approach outside of his mom's house and forced him into a vehicle. the 24-year-old was there to play for the venezuelan winter league. so far, the kidnappers have not contacted his family.

this is pretty common, sadly, in venezuela. >> it is. i don't know why they bother going home. it can happen. the mother of missing 2-year-old refusing to take a lie detector test while investigators try to piece together her story. police plan to test drive julia varacova's car today to determine if she had car trouble on sunday when the boy disappeared. police say there was enough gas in the car despite her claim she ran out of gas. they say her story simply doesn't add up. >> her lack of cooperation so far in regard to providing more information proactively and submitting to a polygraph doesn't help. >> sky's father did take a polygraph test monday but the results were inconclusive. he's expected to retake the test. so far, police have not named a suspect. >> meanwhile, you're looking live in london where news corp executive james murdoch is appearing before parliament right this moment. he's answering questions for a second time about an alleged phone hacking scandal at the

british tabloid "news of the world" which is now closed. amy kellogg, though, is up and at em in london already with the very latest. good morning to you, actually good afternoon, amy. >> yeah. well sort of right in the middle. steve, it's a quite complex hearing that's going on, of course, newscorp is the parent company of fox news and what's happening now is that james murdoch is meeting for a second time before a parliamentary committee. bottom line, steve, they are trying to find out if he misled them the first time around when he addressed them back in july. at issue, of course, and this is all connected to the phone hacking scandal. it appears that possibly thousands of phones were hacked by detectives and journalists connected with news of the world. james murdoch had indicated back in july that he really thought the practice had been relegated to one rogue reporter and that he really was only in possession of the facts very much after -- after the fact.

subsequently, a former executive and former today are of news international testified that james murdoch was in possession of facts. what we're hearing this morning is james murdoch insisting that his testimony has been consistent, that he did not know that the phone hacking was widespread. that it was a humbling experience for the company and they're working hard to correct past mistakes. this is ongoing and we'll certainly keep you up to date with what happens throughout the day. that's the latest from london, steve. >> thank you very much for the live report. brian? >> president obama losing his right-hand man. reggie love reportedly leaving the white house by the end of the year. the former duke basketball star is a personal assistant to the president. he keeps his schedule, always travels with him and, of course, they're basketball buddies. the reason for love's departure, not known. that's a quick look at what's happening in the world of news. >> love loss. >> we showed you one of the highlights from country's big night out in nashville last night where the country's biggest stars took center stage for the yearly awards. >> yep and we mentioned a moment

ago, courtney friel was there and joins us live from nashville with all of the highlights. hey, court. >> i know you guys were watching the debate but i had a great seat in the front row. wait, i mean, backstage. but did you guys know that the cma's is one of the top four most watched awards shows up there with the oscars, grammys and the golden globes? last night did not disappoint with brad paisley and carrie underwood hosting for the fourth consecutive year and you saw the hank williams highlight but if you didn't see the show, here's more. >> ♪ gotta cut loose footloose kick off your sunday shoes ♪ ♪ please louise pull me off of my knees ♪ >> ♪ i'm gonna love you forever ♪ >> ♪ for 72 days amen >> ♪ as long as justin bieber is not a ken fever ♪ >> ♪ trying to make it right

i'm tired ♪ >> ellen degeneres, andy grammar and usher, thank you for coming out and playing for my fans. and i'm so happy we had so many to play to play for this year. you have made my year! thank you so much! >> and that was taylor swift accepting the biggest honor of the night, entertainer of the year. she also won that back in 2009. hubby and wife blake shelton and miranda lambert won best male and female vocalist of the year. jason aldean's "my kind of party" won best album of the year. band perry was best new artist, their song "if i die young" won them best song, best single. that song is so amazing. int even if you don't like country at all, you'll like this song. that's how i was talking to the stars on the red carpet how country is becoming more popular. >> i think a lot of people are discovering past the stereotype of what they think country music

is. >> there's really no difference between "take this job and shove it" and "oh baby, don't leave me." r&b and country are real. >> even if they're not huge country music fan, there's a song out there that they will like. >> we had a country finale. >> we call ourselves the gateway drug to country music. >> i think country music has always been cool and that everybody else is just catching on. >> and these stars have a few musicians they'd like to see cross over into country. >> i would love to see gwyneth paltrow have a big hit in country music. >> i want to do a duet with eminem. >> i don't know if he could ever cross over, but eminem, we'd love to actually do something with him and maybe bring him half way, you know. >> if he's listening, we would definitely be game for a collaboration. >> eminem. >> eminem. >> they're saying eminem. >> they are? dang. >> what can you offer eminem that the others can't? >> watch it! >> nothing like that. >> i'd be on board for an eminem country song. a lot of artists are crossing

over but hey, for more coverage, you can go to fox.com. >> congratulations to the band perry that debuted a song or two here on the fox news program. we helped them get started. >> the two brothers and the sister. >> i remember that. >> congratulations. >> coming up, police rush to save a little boy -- you have to see this video. this little boy is being crushed by a car. and they have nothing but their bare hands to help them. >> and wal-mart revolutionized the retail industry but making -- by making everything dirt cheap. now it's getting into the health care business. what does that mean for you? [ male announcer ] in blind taste tests, even ragu uss chose prego.

prego?! but i've been buying ragu for years. [ thinking ] i wonder what other questionable choices i've made?

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right now, they don't have so much of it. and two florida police officers honored for saving the life of a 6-year-old boy. dash cam video shows the boy tripping on his way to school. a car accidentally drives over him and pins him to the ground. the officers using superman like strength and just their bare hands to pull him out. so they have been honored. all right. brian, over to you. >> all right, she's a long time activist for brave men and women who serve in our armed forces and after traveling to afghanistan and iraq and african with our troops, she will be leading the 92nd new york veterans day parade as a special grand marshal. welcome back to the show. congratulations on this. >> thank you. this is a real honor and i'm excited about it. >> there's going to be between, on saturday, between 25 and -- >> tomorrow. friday. tomorrow. >> friday, 25,000 plus men and women who have served in the

armed forces marching up in new york city. >> that's correct. it starts at 10:00 tomorrow morning at 23rd street, goes up fifth avenue to 56th and we want to see everyone come out. you know, come out. bring your kids. it's an opportunity for us to thank the brave men and women who keep us free. you know, we wake up -- as americans, we wake up in the morning and we're born free in this country. and as we watch it played out in the arab spring, people are willing to die for the freedoms that we take for granted. >> one thing that we're going to be seeing is you're going to be walking. you're going to be walking, right? >> i am. don't look at me like that. i'm going to be walking. >> you could grab a float. you're going to walk and general petraeus and others will be there. will will be a horse statue soldier there that came in at half the price and quicker than anyone thought could possibly be made. the horse soldiers, the first special forces and c.i.a. mixed in that went into afghanistan right after 9/11. >> and you know -- >> they're the horse that get through the -- >> the interesting story is we

train them for everything but not to ride on horses and when they got there, they had to work with the northern alliance and they had to get on these horses with short legs to take them up into the mountains and these really narrow paths. in the dark. so they're called horse soldiers. >> you got this because you spent almost all your free time, the success you've had in business and you poured in to help the military whether it's their brain trauma unit and getting them jobs. that's your focus, transitioning the military who are going to civilian world to get them jobs. how are you doing that? >> brian, it is important and i ask everyone watching today, whether you're a small business, big business, fortune 500 company. we have to commit to hiring veterans. and, you know, this isn't charity. they are very motivated. they're focused. they have leadership qualities. these are the kinds of things that we want in our employees. and i ask everyone that's

watching today, commit to hiring a veteran. i mean, this is the -- we owe them a debt of gratitude. this is the least that we can do. is to make an effort to hire a vet. >> and only 1% of our population, as you mentioned, serves in the military. >> exactly. >> leaving their families. at least when they come home, can they have a job that's worthy of their skill and skills set. congratulations on getting this special grand marshall honor and we'll look for you in the parade. she'll be walking. >> i'll be walking. thanks. >> i will be. >> all right. thanks a lot. meanwhile at 11 minutes before the top of the hour, herman cain asked about allegations of sexual assault at last night's debate. but what may be the most interesting is the crowd's reaction. and wal-mart revolutionized retail making everything dirt cheap. now it's getting into health care but is that a good thing? looking good! you lost some weight.

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>> it is the world's largest retailer and now wal-mart wants to become the world's largest health care provider in the united states of america. >> the retailer plans to offer a range of medical services now at its stores on the cheap. dr. david sumati of the medical a team is here. good to see you, doctor. it's a very intriguing idea. we know that wal-mart did a heck of a job putting together stores. will they do a good job providing medical services? >> so, can you imagine walking to wal-mart and ask for primary care and they would say aisle 2 or if you need a cardiologist, aisle 9 and by the way, your toothpaste is going to be on

aisle 1. it's a very interesting concept. a year ago, we talked about how are we going to take care of this 35 million patients that are going to come to our offices, etc. this could be one way to really download some of the crowds. instead of going to the emergency room for simple, basic triage things, urinary tract infection, ear infections, you know, maybe flu or what they're looking at is actually very interesting. they're looking at taking care of chronic disease, diagnostic tests, prevention and some acute services. for some of the basic things, this will work because they have nurse practitioners, they have p.a.'s and by the way, the nurses and nurse practitioners are a very important part of the way we practice medicine. >> in what way? >> in the way, that i as a surgeon or doctor, i can never go through one day without their help but their training and education is very different than the way we go through training. so they're able to diagnose simple, basic things, give you the antibiotics right there in wal-mart and go home but they're not going to be doing stress

tests and not doing any kind of major diagnostic tests for you. so they have limitations with this and they need to know that. >> if you want something big, you have to go to a sears. you know, i went to cvs last week with my wife, we both got flu shots there. >> that's romantic. >> yeah, it was. at lunch, and then we went -- >> i shoot you and you shoot me. >> later, dairy queen. what's the merit with what wal-mart is thinking about doing? >> i think for certain areas where we don't have enough primary care doctors, this would actually be a good thing. for vaccinations. for psa tests. for simple things, they can go in and it's very convenient. what they're looking at is access, costs and, of course, the outcome. >> they got to be making some money on this and of course, all the result of obamacare. as you mentioned, 35 million new people. where they going to go? >> they're always in business and for wal-mart, this is a good business marketing because just

like you're waiting for your table to be ready, these guys are going to be waiting for their practitioners. while you're there, you buy an extra t-shirt and you buy some other stuff. so all and all, it could be a good business decision by them but there are limitations to this for simple basic triage, it actually may work because you go and you have the flu, they see you, you get antibiotics and you go home and you don't put a lot of burden on the system. >> don't worry about your career. i don't see you working the p s prostate robot. can i have the robot please? >> brian, thank you for bringing that up. >> no problem. you got it. >> coming up on our show, some think rick perry's gaffe spells the end of his campaign. hear what the texas governor thinks about that. he'll join us live at the top of the hour. >> something about transparency, the white house may ignore today's deadline to hand over solyndra documents. can they really do that? i ask. [ male announcer ] where's your road to happiness?

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>> good morning, everyone. hope you're going to have a fantastic thursday today. it's november 10th. i'm gretchen carlson. thanks for sharing your time with us today. some are calling it the worst flop in modern day debates. >> the third agency of government, i would do away with education, the -- commerce and let's see. i can't, the third one, i can't. sorry. oops. >> governor rick perry left speechless on the stage so what does he have to say now about his big mistake? the texas governor will join us live moments away. >> say it ain't so. legendary football coach joe

paterno fired late last night as a massive child sex scandal rocks penn state university but thousands of students rallying in support of joepa and it got violent. full details coming up. >> if there's already a national emergency, do we need to hear this woman? >> ♪ you love me ♪ papparazzi >> emergency-razzi. good thing that was only a test of the emergency broadcast system. we will explain, hour two for this thursday of "fox & friends" starts right now. >> good morning. >> good morning, everyone. well, there was a lot to do last night. there were a lot of things on tv. i know we were all focused on the big thing last night in our minds which was the debate. >> i know there's five million people watched the last debate.

the fox debate had six million people watch and we had about three weeks off and then it was time for those eight to take the stage. >> that's right. so last night was the 10th republican debate. it was in rochester, michigan, and of course the big story was when the governor of texas, rick perry, could not name that third government agency that he would cut. here it is. >> three agencies of government when i get there that are gone. commerce, education and the -- what's the third one there? let's see. oh, five. commerce, education and the -- >> e.p.a.? >> e.p.a., there you go. >> can't name the third one? >> the third agency of government i would do away with education, the -- commerce. and let's see, i can't. the third one, i can't. sorry. oops.

>> oops. >> governor perry live with us now from bloomfield hills, michigan. good morning to you, governor. >> good morning, gretchen. how are you? >> i'm doing just fine. my goodness, i feel for you when i watched that tape and when i saw it last night. by so many accounts you were having your best debate until that moment and i know you just want to take it back and we've been empathizing with you this morning. anyone who has ever been in a position on stage empathizes, i think. how are you going to try to recover from that moving forward? >> listen, i stepped in it last night, that's for sure and i think i'm no different than a lot of americans who are sitting around and thinking about it, you know, there's agencies of government that i would like to forget and i certainly forgot one last night and it's the department of energy. but in all seriousness, that is the reason that we get up every day is try to make this country as workable as it could be. i tell people, i said one of my main goals for running for the

presidency of the united states is to try to make washington as inconsequential in their lines as i can. and the seriousness of that is what we're going to be doing over the course of the weeks ahead as we go across this country, go back into those early primary states and talk about our tax plan that creates a 20% flat tax that allows them for the deductions on their mortgages, on their homes, the charitable gifts that they make those local taxes, take 20% of that, send it in on a postcard. reforming our entitlement programs, balancing the budgets. as a matter of fact, i'm the only individual on that stage last night that has a budget that will balance by 2020. get americans back to work and so that's the real seriousness of what is going on. style over substance certainly happened last night but the fact is americans know that as a governor of the state of texas i've overseen an economy that

allowed for jobs to be created more so than any other state in the nation. >> governor, let me give you some feedback, sir, from that moment. as gretchen said, by most all accounts, you were having a really good debate and as we sit on the couch, it happens to me way too much. where i lock up. but i've had two people here on my side, i don't have seven opponents next to me so they always bail me out. so here's dr. larry sabado came up with this and it's pretty searing. he says to my memory, perry's forgetfulness is the most devastating moment of any modern primary debate. see, that's pretty strong review. how do you feel about that? >> well, if anybody is looking for the slickest politician or the smoothest debater, i readily admit i'm not that person. but what americans do know is that my committed conservative values has helped lead one of the most influential states in this nation for the last 10

years. they know what my beliefs are. they know that i'm going to get up every day, as i said, and try to make washington as inconsequential in people's lives. that 20% flat tax will make -- will basically end the irs as we know it today and, you know, i'm hoping american people are the type of individuals who understand there are mistakes that get made but what are you going to get done for us? those people sitting around the dinner table, around the tv last night, watching that debate that may not have a job or fixing to lose a job because of the policies that have been put in place, because of these federal agencies that have been piling the regulations on and they've lost their jobs. that's the seriousness of what we're talking about here. >> absolutely. i've got some advice for you, governor. whatever you do, don't watch tv today because there are already some pundits that are saying you're toast and on the internet, "washington post" aaron blake tweeted last night

that -- he's a reporter for "the washington post," said a top perry fundraiser said to him, perry campaign is over. time for him to go home and refocus on being governor of texas. is there a chance in the wake of your debate performance last night you're going to call it quits? >> you know what today is, it's the 200, i believe, 36th birthday of the united states marine corps. if there was a day to quit, this isn't it. we're going to continue to work. we're going to continue to go back and talk to those people across this country about issues that they're really concerned about. not who is the best debater or who is, you know, forgotten an agency as they were listing out something that they would do away with. they want to see a plan to get this country back working. we've laid one out. we're going to continue to go share with the people of this country that vision of how to get america working again and to stick that sign in the middle of this country that says "america, open for business." >> well, governor, thank you

for teasing your upcoming segment. we're going to be celebrating the birthday of the marine corps with a big huge cake on the set later on. thanks for that. before i let you go, let's take a look at some of the polls. this is, of course, for the republican race in 2012. we're looking at the state of pennsylvania now where herman cain and mitt romney are tied at 17%. newt gingrich moving up in the ranks 13% along with rick santorum, his home state. ron paul, 5% along with you 5%. we also have florida where you are at 5%. and, i believe, we have one more state where we will see ohio. where you are at 4%, herman cain 25%. what is it going to take now for you to get back to the numbers where you once were? >> i think it's stay and talk about the issues that are important to the people of this country. lay out a clear and succinct vision for this country. our tax plan. when people look at 20% flat

tax, when they see that it's the only plan out there that balances the budget by 2020. this campaign is going to be about jobs and who can deliver on the jobs and get america working again. and we've got the track record as the governor of texas over the last decade of doing that. i think that's what americans are going to focus on and i can assure you, that's what i'm going to be focused on. >> governor, i remember when you made this speech and said i'm going to be in this thing. you thought about it for months and the money was pouring in. you seemed so natural and comfortable behind the microphone without a script, kind of looking at it as advisement, knowing that you're so comfortable behind -- and one of your strengths is giving speeches, meeting people, will you now say enough of the debates? i'm going to pick a handful to show up at. john huntsman missed one. maybe you'll start picking and choosing. >> we'll be in south carolina on saturday for the debate and after that, we really don't have a schedule set. >> so you might miss some future debates? >> oh, i don't have any idea. i'm just saying i know what i'm

doing through saturday. >> ok. >> all right. that will be about foreign policy. are you ready for that? >> yes, sir. foreign policy and military as a former air force pilot and individual who has got a 1,200 mile border with a foreign country, we'll be ready for the debate on saturday. >> we'll look forward to that, governor and check back in with you to see if you'll continue on with the debates. thank you so much for making yourself available for us this morning. >> you're welcome. thank you. >> now to the headlines this morning, riot police called to the penn state campus overnight following the ouster of head football coach joe paterno. >> i believe in joe paterno! i believe in joe paterno! >> you're looking at nearly 2,000 students, many of them with signs of support for paterno. others got violent flipping over a tv news van and throwing rocks at reporters. all this moments after the university thounsed it would not allow paterno to finish out the season as he had hoped.

legendary coach briefly emerged from his home late last night and thanked students for his support but said he was disappointed in the school's decision. he and the university president were both fired following the arrest of jerry sandusky, the former defensive coordinator that is, sandusky accused of molesting at least six or eight young boys. it's believed paterno knew about one of those incidents but never told police. >> he's out on bail. >> chaos in california overnight. seven people arrested during an anti-wall street protest on the u.c. berkeley campus. >> both police and college officials say they warned protesters they could not camp out on campus overnight but those warnings were apparently ignored. at least six students and one professor now behind bars charged with resisting police. the white house has until noon today to hand over solyndra documents subpoenaed by a house committee. the obama administration is not

expected to comply, though, that would force a showdown over memos, e-mails and all internal communications related to the $535 million government loan to the now bankrupt solar panel company. republicans on the house energy and commerce committees investigative panel say they want to know why the loan actually went through despite warnings that that company was failing. an ordinary day at the school turned into an emotional surprise for one pair of florida siblings. >> daddy! >> daddy! >> daddy! >> how are you doing? >> good. >> you all right? >> sergeant first class alexander holder went straight to school to pick up his 3-year-old son and 4-year-old daughter after arriving home from kuwait. he's been gone for more than a year. holder says, of course, he's happy to be home and reunited with his family. wow, for that little 3-year-old it might be tough to even recognize dad at that point. >> reminds me, too, there's a

documentary out called "flat daddy" and they have all these reunions and follow four separate families, military families and you really get an idea -- you got to go see it. you get an idea of how that moment is and how tough it is for the family to get reaquainted. >> absolutely. straight ahead on our telecast today, is this the best way to tell america there's a national emergency? >> ♪ you love me papparazzi ♪ >> way to go, fema. botched the broadcast. they went gaga. >> wow. >> you just heard rick perry say he's not dropping out of the race despite a gaffe last night. can he really recover? that will be up for debate next.

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>> well, you just heard live right here on "fox & friends" reich rick perry, the governor of texas say despite last night's terrible gaffe where he forgot the third agency he would cut as president of the united states, after naming the first two, is not dropping out of the race for president. but has it done irreparable damage to his campaign? political strategist and former campaign staffer for president george w. bush is here along with fox news contributor and co-host of the wildly successful program "the five" at 5:00 here on fox, juan williams. good morning to both of you. >> good morning. >> didi, let's start with you, what happens now? >> you know, i -- as a history major, you know, i was taking a look at the gaffe back in debate history and even presidential history, i really think this was the worst. it was bad for rick perry especially because he needed a great debate, his debates have been abysmal and this was the worst of the worst. now, i feel really bad for him

and it's just not going to get any better and i just don't see how he does recover. >> juan? >> well, you know, i think didi is exactly right and i appreciate the historical perspective. the thing i would say in rick -- in governor perry's favor is he has money. he has the second largest bankroll behind mitt romney and he already has some ads in iowa and some campaign structure there. and the other thing is herman cain and cane's troubles with the sexual harassment allegations since cain is high in the polls, as he slips some, if at all, those votes have to go somewhere and rick perry hopes to be the repository but, you know, when rick perry characterized his performance last night as having stepped in it, steve, i think he more than stepped in and messed up his shoes. it's more like he stepped in a hole and he is in danger here of just disappearing. >> well, you know, you just detailed perfectly, juan, a good transition for us and that is with cain's allegations and then

what happened last night with perry. the person who does seem to be on the rise is newt gingrich and if you were watching the debate last night, you noticed that it wasn't just candidate vs. candidate, as it has been in past debates, it was candidates like newt against a very pushy panel of questioners. here's an exchange with the money honey. >> what is the media reporting inaccurately about the economy? >> what? >> what is the media reporting inaccurately about the economy? >> that's terrific. i have yet to hear a single reporter ask a single occupy wall street person a single rational question about the economy that will lead them to say, for example, who is going to pay for the park you're occupying if there are no businesses making a profit? >> you know, he's really been able to throw some red meat out there. at the same time, people at home are going, that's right, i feel the same way. those are stupid questions. >> yeah, newt gingrich is the

smartest guy in the room and he's an encyclopedia of facts and it's great. he knows history. he studied history and he gets it. that's important, if you don't know your history, you're doomed to repeat it and, you know, i'd love to see him as president but i'd like to see him as the white house press secretary first. >> juan, what do you think about newt? newt's rise? >> you know, i don't know if it's a rise yet but the media seems hungry for it and the fact that he is so wise in attacking the media, i mean, that's just terrific for that -- with conservative republican audience that hates and dislikes the mainstream media anyway and he's also been the conciliatory force in saying republicans shouldn't fight. again, it makes him a safe bet for people who are looking for an alternative right now. although, you know, don't forget, he imploded earlier and has lots of baggage, you know, tiffany's and all that so -- >> but it's still early. >> still early. >> people are still looking for an alternative. >> all right. thank you both for joining us on this thursday. >> have a good day, steve.

>> i'm going to have a great day. right across the studio here, we're singing happy birthday to the united states marine corps celebrating 236 years in business. semper fi! [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8.

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>> they are the few, the proud, the marines and for the last 236 years, the marine corps has been keeping us safe. both here and abroad. today, we have the privilege of celebrating the 236th birthday with a few distinguished guests. major general melvin spiese, his son, first lieutenant melvin spiese iii known as m.g. along with several other members of the u.s. marine corps. welcome to all of you. i love this tradition. it's hard to believe that

another year has gone by but here we are at 236. >> yes. >> what does it mean for you? >> for me, it's to be part of an incredible institution that has a legacy as long as our country. and one that is committed to the security in our nation. so it's just a wonderful thing to be a part of. >> first lieutenant, i know you just returned home from afghanistan. you were there more than a year? >> no, only about seven to eight months. >> seven to eight months. >> what was it about your decision to join the military? was it your father? or was it your own personal decision? >> it was a personal decision. my mentor, lieutenant colonel paul roy was a former company commander in beirut and had told me about the marine officer program. my sister was in iraq at the time serving in combat zone and everything kind of clicked at the right time. it felt like the right thing to do and i haven't looked back since. >> i want to talk about how the process works here because there is protocol, correct? >> absolutely, yes. >> describe for me protocol. >> as we cut the cake, we'll

provide the first piece to the oldest marine in recognition of service and experience. the second piece will be passed from the oldest to the youngest as a symbolism of passing on experience, wisdom and leadership from one generation to the next. >> all right, so would you do the honors? >> absolutely. >> i'm going to stand on the side because i don't want to interrupt the process here. and your role is? >> i'm gonna hold the plate. >> we think of everything. >> so the first piece is going to go to whom? >> lieutenant colonel wisnet who is commanding officer third battalion 24th marines. >> wonderful. congratulations. how does it taste at 7:27 in the morning? >> need some coffee. >> need some coffee with it.

good idea. and the second piece will go to? >> lance corporal rodriguez. >> thank you, sir. >> who is the youngest here? >> yes. now, is it youngest in age or youngest in service time? >> youngest in age. >> and do you have to take a bite to honor it? >> absolutely. >> i know it's early but -- >> then how does it go from there as far as -- that's just part of the ceremony. >> that's it. >> then everybody gets to dig in. >> absolutely. all right. what a pleasure to meet all of you this morning. thank you so much for bringing your celebration to "fox & friends." great seeing all of you today. >> thank you for having us! >> coming up on the show, no nonsense, herman cain says he's got one big regret from last night's debate. what comment would he like to take back? we'll tell you what that is. is this what you want to hear during a national emergency? >> ♪ you love me papparazzi ♪ >> why did fema's test run go lady gaga? plus all the highlights from

last night's country music awards. courtney friel joins us live from nashville. stick around. ♪ [ daniel ] my name is daniel northcutt. [ jennifer ] and'm jennifer nohcutt. opening a restaurant is utterly terrifying. we lost well over half of our funding when everything took a big dip. i don't think anyone would open up a restaurant if they knew what that moment is like. ♪ day 1, everything happened at once. ♪ i don't know how long that day was. we went home and let it sink in what we had just done. [ laughs ] ♪ word of mouth is everything, and word of mouth today is online. it all goes back to the mom and pop business founded within a family. ♪ when i found out i was pregnant, daniel was working on our second location. everyone will find out soon enough i think

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nights in that town that they have every year, and that's the country music awards. in attendance were faith hill and tim mcgraw, couple of superstars. i wonder how they felt about -- >> who married each other. >> i wonder how they feel about carrie underwood and brad paisley. they did a little parody of faith and tim and here's a snippet. >> faith hill barbie! omg! >> tim mcgraw barbie! ok, i cannot wait until after the show. can we play with these now? >> yes, yes. >> ok. >> hello, you are hot. >> i just got home from a long tour. hello, faith. >> hi. you look beautiful. would you like to make out with me? >> yes. >> i like it! i love it. i want some more puppet. >> wow. >> i haven't heard that ever. i hear a lot of terms.

>> never heard of that. >> very cute. seems like they did a fantastic job. i didn't get to see the job but i like to see these clips this morning. >> seemed pretty natural. >> we'll have court any -- courtney friel coming up. >> you can interrupt me any time. >> stunning news out of venezuela. washington nationals catcher, an upcoming star on that team, kidnapped in his native country at gunpoint. four gunmen approached ramos out outside of his mom's house and forced him into a vehicle. he was there to play with his venezuelan winter league team. the process goes, ransom! >> new jersey governor chris christie drumming up support for g.o.p. presidential candidate mitt romney in new hampshire. he says romney is the right person to fix the ailing economy. >> governor romney knew how to work and achieve and still stand up for his principles in that atmosphere. secondly, he has had great experience in the private sector. so he understands the way that government can get in the way.

and cause problems for jobs to grow in the private sector. and this president only understands and only believes that government is the solution to every problem. >> christie plans to stump for romney in new hampshire. again, next month, he endorsed him about a month ago. >> mean while, presidential candidate on the republican side herman cain getting a laugh at the g.o.p. debate last night at the expense of nancy pelosi. he gave the former speaker a new nickname recounting how in 2009 she blocked congress in taking up a republican health care bill. remember? >> we didn't hear about it in the previous congress because princess nancy sent it to committee and it stayed there. it never came out! >> oops. mr. cain later apologized for calling pelosi princess. no comment yet from pelosi herself. >> it was only a test but it failed! fema's first nationwide emergency alert test was supposed to happen at 2:00 p.m.

eastern yesterday but instead, some people heard this -- >> ♪ you love me papparazzi ♪ >> hard to panic when you hear that. but direct tv viewers heard lady gaga sing "papparazzi" and that wasn't the only problem. it started three minutes late. in some places, it ran long. in other places, it sounded garbled and some stations didn't get it at all. fema trying to work out the glitches. by the way, i've been thinking about different songs that i would like to hear should there be an emergency that might be appropriate and, in fact, i brought my -- >> boom box. >> boom box and here it is. >> that would scare people. >> i got to pack my stuff and find my bomb shelter. at least it's a fun way of taking actions. >> and i'm just the opposite. instead of wanting it to be the

end of the world. i hope to do this. >> ♪ i'm a survivor i'm not going to stop i'm going to work harder ♪ >> survivor, you want to be a survivor. i'd like the world to end. steve, do you have an opinion about what you'd like fema to put up in terms of music? if it were a national emergency. i think obviously you'd have to play this. >> ♪ kiss the day good-bye >> i wouldn't panic but i'd know the end was coming. i think that would be reassuring. can you imagine if the last thing you heard was a show tune? >> that would be a nightmare. >> all right. country's biggest stars were on the stage last night and in the audience. we showed you one highlight. it wasn't the only big thing going on at the cma's last night. courtney friel was there and she joins us from nashville live with all the big moments. good morning to you, courtney. >> good morning, guys. i know a lot of people were watching the debate last night but the cma's is one of the top four most watched awards shows

out there up there with the oscars, grammys and the golden globes. it was a really fun show. we saw lionel richie perform, faith hill, martina mcbride. here's more highlights. take a look. >> ♪ gotta cut loose foot sf loose -- footloose kick off your sunday shoes ♪ ♪ pull me off of my knees >> ♪ i'm gonna love you forever ♪ ♪ for 72 days amen >> ♪ as long as justin bieber is not a ken fever ♪ >> ♪ try to make it right ♪ i'm tired ♪ >> ellen degeneres, andy grammar and usher, thank you for coming out and playing for my fans and i'm so happy that we had so many to play for this

year. you have made my year! thank you so much. >> that was 21-year-old taylor swift winning the biggest honor of the night, entertainer of the year and she also got that award back in 2009. some other winner highlights, blake shelton and miranda lambert, husband and wife won best male and female vocalist. and the biggest winner of the night was the band perry with three cma's. they won best new artist and their song "if i die young" which i am kind of obsessed with, won best single and best song. it has 42 million views on you tube and a lot of people are getting, you know, into country through these new, young artist and that's what i talked with the stars about on the red carpet. take a look. >> i think a lot of people are discovering past the stereotype of what they think country music is. >> there's really no difference between "take this job and shove it" and "oh baby don't leave me." r&b and country are real. >> even if they're not a huge

country music fan, there's a song out there that they will like. >> country going more mainstream on the show. we have a country finale. >> we call ourselves the gateway drug to country music. >> i think country music has always been cool and everybody else is catching on. >> these stars have a few musicians they'd like to see cross over into country. >> i'd love to see gwyneth paltrow have a big hit in country music. >> i want to do a duet with eminem. >> i don't know if he could cross over but eminem, we would love to do something with him. may bring him half way. >> if he's listening, we would definitely be game for a collaboration. >> eminem. >> eminem. >> everyone is saying eminem. >> they are? well, dang. well, it's -- >> what can you offer eminem that the others can't? >> watch it! >> nothing like that. >> i don't know. what do you guys think about an eminem country crossover? >> i think it has tremendous potential. he likes to sing with other people and he does a good job. easy to get along with and some

call him a genius. in fact, everybody calls him a genius. >> he's great. >> a lot of people have done that. >> planning on releasing an album, a country album, justin bieber is doing a duet. lots of people are dipping their hands in the country genre because, you know, maybe it's just the social networking out there and more out there but it's very hip and trendy. >> it's very popular. all right, courtney, we've appreciated your live reports. we'll see you again. >> thank you. >> one of the good things about the cma's is she got a sense of humor, you know, unlike -- >> besides, who else has rhymed bieber with conceiver? >> i don't think it was possible. they did it last night. we've seen some pretty stupid government spending projects. john stossel helped expose a lot of those. is there any way to stop them or are we headed the way of greece? stossel up next with what looks like a football playbook. >> government spending. >> ok, he'll be up next. how can you get back pain relief that lasts up to 16 hours?

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>> 44 minutes after the top of the hour. couple of quick headlines for you now. secret grand jury testimony from late president richard nixon being revealed. four months ago, a judge ordered the records unsealed. nixon's presidential library making them available today. and the geezer bandit strikes again. you're look at surveillance video from a bank in california. you can see the elderly suspect pointing a pistol at the teller before making off with a bundle of dough. the f.b.i. says this is the geezer bandit's 15th bank heist in just two years. brian? >> all right. america is falling deeper into debt and john stossel who is staring right through me right now says if we don't do anything about it, we'll end up just like

greece. >> our government is printing money like crazy and then doing what with it? pouring it down a hole. >> they do spend your money on things like a robot that folds laundry. shrimp running on treadmills and in my rich neighborhood, free bike helmets. it's as if politicians live in a carnival game. trying to grab as much of your money as they can. farm subsidies. > >> at the rate politicians spend, america will soon become like this country. >> how can prevent this catastrophe from happening? let's ask mr. stossel from the fox business network. mr. stossel, you feel like you're the only sane man in this crazy world of spending, don't you? >> now that i'm at fox business, no, i have some company. when i was at abc, yes, everybody said, oh, everybody needs so much. we have to give it to them.

and in a way greece, italy now, they are useful examples for us because we can see what will happen if we don't do something. >> you held up that chart. let's do it again. you talk about the current spending. >> it's actually a different chart. >> it is, you can hold it up. >> this was the draconian compromise, we're going to cut spending. all it does is slow the rate of increase. we're spending almost $4 trillion a year. that's not enough? >> that's true. the spending has to be cut back but right now in reality we have a super committee together, democrats and republicans, 6 and 6. they have two weeks to come up with a compromise on cutting $1.4 trillion. if they have a compromise, that's not even going to please you, stossel, right? >> that's about 2%. private sector cuts that all the time. that's from the rate of growth. it won't be enough once it's medicare that's going to increase when my baby boom generation retires. no economy can grow fast enough to pay for what you promised to us and, you know, we keep living

longer and we want the cool, new stuff that might keep us alive. >> so is that what you do tonight? you start expanding on that? >> well, tonight we show a town that went bankrupt and what's that like? and we show you some of the crazy things they're spending on and we'll cut the budget and we'll show what you can do. >> two things in the news right now perfect for your show, see what happened in ohio. they balanced their budget by making some very tough decisions and the people rejected it. the unions in particular rejected it. now, something's gotta give because nobody else is giving them money, a state unlike a country can't go into deficit. i'm fascinated to see the next chapter there. >> it's very scary. it's good we have models of failure like california so maybe if they see it go broke, people will wake up. look, my age group doesn't want to cut health care spending. you don't want to cut the military. nobody wants to cut anything. we need to make those cuts. >> i think we have to make those cuts but i also believe this, that i think democrats and republicans, even the president has admitted that medicare and

medicaid has to be reigned in. if that is not part of this compromise, we're wasting our time. >> well, we're certainly not solving a problem. >> right, that's what you'll be discussing tonight with a live audience. >> no, actually, this is a taped, edited show. that's my best work, when i get to sit in the edit room and take out the boring parts. >> i beg to differ, mr. stossel. i've seen you in crowds. they adore you! they soak you in! >> they scream fox live! >> no, that's just me in the background. i sometimes stay over the weekend. look forward to seeing you tonight at 10:00. it's must see tv and often it's on fox news over the weekend. >> but the fox business channel tonight. >> got it. >> all right, john, thank you very much. >> thanks. >> coming up straight ahead, americans humane association honors our nation's hero dogs. hear the incredible story of eight pups whose extraordinary acts of heroism saved lives. where do you the occupy wall street protesters are putting their money? it's not under a mattress. they're headed right to the same bank where they just busted

their windows. hypocrisy? michelle malkin has a new things to say about that, at least i think she does. first on this day in 1982, lionel richie had the number one song "all night long." in fact, if you don't mind, you should just sing at home. sing that at home. wherever you are. [ male annouer ] juice drink too watery? ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8.

>> whether they're chasing squirrels, comforting our kids or protecting our nation's borders, every dog is a hero and recently, the american humane association honored our bravest four legged friends in a star studded gala awarding dogs whose extraordinary acts have saved

lives. >> the president of the association of humane society and she's also with rin tin tin, the spokesdog for the organization and is that the actual rin tin tin? i think he would be 70 right now. >> i think he would be dead. that's for sure. this is 14th in line. so this is rin tin tin, he represents the legacy of rin tin tin back to the original who was born on the battlefield of world war i. >> wow. and then, of course, we remember the tv series. >> that's exactly right. in the 50's, it was a popular tv series so rin tin tin has been with us for many years and many hearts and minds have been touched by his stories. >> and so how did you decide as an association to start honoring other dogs for their heroic acts? >> well, you know, the american humane association was looking at 2011 and we realized we needed to tell positive stories of heroes on both ends of the leash. so this year, we decided to honor those heroes and we did a national campaign, american nominated. there goes rin. and america voted. >> you want me to grab him? i useed to have a german shepherd. >> he wants the treat.

>> there's treats over there! there sure are. he wants them -- he loves cheese. he does. >> who doesn't? >> that's exactly right. >> watch out, brian. >> sit. sit. thank you. >> that's wonderful. >> you could be a dog trainer. >> takes the whole thing? >> great. now we have nothing. >> that's exactly it. >> that was breakfast. talk about the winner. >> that's wonderful. well, we had eight finalists in categories working hero dogs around the country, america voted and chose these and the winner was reselle who led her owner down 78 flights at the world trade center. dog for the blind. >> another dog we have to highlight is zurich, certified service dog who helps those who are sick. >> that's exactly right. zurich is the service dog to patty. patty outside of chicago and patty has been just -- her body has been fighting an illness for many years and left her really confined to a wheelchair and service dogs do wonderful things.

they've given patty a reason to live. >> talk about ricochet. >> the surfing dog. the emerging hero dog category, super dog who helps those with disabilities do things they never thought they could do. >> we have sadie, the f.b.i. dog. >> sadie, we'll tell you as a law enforcement dog does, when there are things we shouldn't have in our environments and communities, she's a law enforcement arson dog and she's done some great things. >> what happens when you honor all of them? do they all come together and the dogs and the trainers and the owners get an award? >> on october 1st, we tape the inaugural honor dog awards, it will be broadcast tomorrow night so 8:00 p.m. tomorrow night, all of america can tune into these heart warming stories of how heroes have changed our lives. >> i was shocked but gladdened to find out that beverly hills

90210 was coming back with a new cast. do you think rin tin tin could come back? >> i think america is ready for rin tin tin any day of the week. i was wondering where he was going with that as well. >> sure did. >> i love the idea of the show. best of luck. we hope people tune in tomorrow. thanks for being here. >> thank you so much. >> whoa! >> there he goes. he's done. new video, chaos breaks out, this is the students supporting joe paterno. >> so much for transparency, the white house may ignore today's deadline to hand over solyndra documents. can they really do that? michelle malkin weighs in. they've been subpoenaed. [ male annouer ] juice drink too watery?

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midsize car by jd power and associates. we go to kimberly. any thoughts on this news? i have no idea what's goin on. we are out. what was that? they told me it's the most dependable midsize sedan and they ran back into their little box. >> gretchen: top of the morning. it's thursday, november 10. i'm gretchen carlson. thank you for sharing your time with us today. it's being called the worst debate flop of recent time.

>> the third agency of government i would do away with education, commerce and let's see. i can't, the third one, i can't. sorry. oops. >> gretchen: but hear why governor rick perry says there is no way he's dropping out of the presidential race just because of that slip up. >> steve: so much for transparency. congress wants to see the white house documents on solyndra. but the white house says they're not sharing. can they do that? michelle malkin on that in moments. >> brian: where are the wall street protesters stashing their cash? where else? the big banks. does that damage their credibility? did they ever have any? michelle malkin here to talk about that and see what she has to say about that and more only with occupy wall street. "fox & friends" starts right about now.

>> you're watching "fox & friends." >> gretchen: thank you very much. >> steve: happy anniversary. 236 for the marines. >> gretchen: and we cut the cake just earlier before and learned the protocol from oldest to youngest. that's how they slice up that cake. i hope you're having a why day today. riot police called to the penn state campus following the ousting of joe paterno. you're looking at nearly 2,000 students, many with signs of support. others got violent, flipping over a tv news van and throwing rocks at reporters. all this moments after the university announced it would not allow paterno to finish out the season as he had hoped. the coach briefly emerged from his home last night and thanked students for their support and said he was disappointed in the school's decision. and he university president, graham spannier, fired followingment arrest of jerry

sandusky. the former defensive coordinator accused of molesting at least eight boys. it's believed paterno knew of one incident from ten years ago and told school officials, but never contacted police. at least seven people arrested during chaos in california overnight during an anti-wall street protest on the uc-berkeley campus. >> move back! move back! >> gretchen: police and college officials say they warned the protesters that they couldn't camp out on campus overnight, but this morning, we're -- the warnings were ignored. at least six students p one professor behind bars charged with resisting police. breaking news out of greece. senior banker lucas has been officially named as greece's new prime minister after four days of intense talks to former coalition government. the interim government aiming to improve that new -- approve that $177 billion bailout package. similar money troubles in nearby

italy will likely force prime minister berlusconi to also step down. that could happen as soon as saturday. the government is implementing new financial reform policies due to pressure from neighboring european policies over their instability. president obama losing his right hand man, reggie love, reportedly leaving the white house by the end of the year. the former duke basketball star is a personal assistant to the p. he keeps his schedule for him, always travels with him, and, of course, they're basketball buddies. the reason for love's departure is not known. >> brian: could be going to romney's camp. >> steve: you think so? what are the odds? >> gretchen: probably not. >> brian: that would be a long shot. >> steve: in washington, d.c. now where we heard super committee is still far from a deal even though that november 23 deadline is inch closer. >> brian: yesterday some tense moments as democrats rejected a gop proposal. senior white house foreign affairs correspondent wendell goler is at the white house with these details. hey, wendell.

>> there is not a lot of time, just a couple of weeks for the six republicans and six democrats to reach an agreement to cut $1.2 trillion from the deficit over the next decade and they are still far apart, but they're only now tossing real proposals back and forth and they seem to be coming just a bit closer together. monday night democrats offered a plan that calls for a blend of a trillion dollars in spending cuts and a trillion dollars in higher tax revenue over the next decade for a $2 trillion deficit reduction. that is still only half the $4 trillion that the white house would like to see, but it's got the balance the president wants, though the president doesn't get a vote on the super committee. earlier republican senator pat toomey of pennsylvania proposed a plan to cut $1.3 trillion from the deficit with $300 billion in new tax revenues, it would reduce the top income tax rate from 35 to 28% and eliminate some tax breaks. democrats rejected that, saying the tax rate cut outweighs the

higher revenue and the balance of spending cuts to revenue hikes is wrong. but illinois democratic senator dick durbin said, quote, the fact that some republicans have stepped forward to talk about revenue i think is an invitation for democrats to step forward and talk about entitlement reform as well as spending cuts. therein lies the core of an agreement and probably that is what triggered the proposal offered a couple of days ago. the plan would cut $400 billion from medicare and medicaid over the next decade, cut $200 billion from pentagon spending, and nibble at a broad swath of government programs from parks to transportation. brian? >> brian: thanks, wendell. it's heating up, but the president is not playing a role. he's going on a trip. he's leaving friday. he's not picking up the phone and calling. >> steve: going to hawaii. let's go out to colorado springs. lovely place to vacation in and that's where we join michelle malkin on this thursday as we always do. good morning to you. >> good morning to you. >> steve: we know that a lot of

people probably saw -- more did not. it was on one of those other cable news channels. the tenth republican presidential debate. the quintessential moment is when rick perry said he had three government departments he would get rid of. he could not name the third. here is the gaffe and reaction. >> it's three agencies of government when i get there that are gone. commerce, education, and the -- what's the third one there? let's see. >> there are five. >> commerce, education and -- >> epa? >> yeah, there you go. >> you can't name the third one is this. >> the third agency of government i would do away with education -- commerce and let's see. i can't. the third one, i can't. sorry. oops. >> steve: yeah. later he said energy in another

answer. how bad is that for him? >> i think it's fairly bad. he was not being asked to name the president of uzbekistan. this was not a hard question. this is remedial cutting government 101. there was so much that was cringe worthy about that a 5 about seconds. and although people didn't see it on cable tv, it is being headlined in big bold font. it will be the youtube brain freeze moment seen around the world. i think there are a lot of people saying, oops this morning, including probably many of his high dollar donors and many serious conservatives who thought he would be the great hope for the right. if he can't come up with three agencies that he should cut off the top of his head, he needs notes to do that, this is quite alarming from a policy perspective and from a political perspective, too.

>> gretchen: one thing that makes crystal clear is nobody has an ear piece in. nobody is being fed answers as was the accusation when george bush was up on the debate stage. >> yeah. i don't know that that's reassuring, unfortunately. >> gretchen: i'm just saying that nobody is being fed information. >> steve: teleprompter. >> gretchen: i want you to listen to governor perry because he was big enough, i think, to come on all the morning shows today and respond to that debate performance and here is what he said about whether or not he'll stay in the race. >> you know what today is? the 236th birth of the united states marine corps. if there was a day to quit, this isn't it. we're going to continue to work and talk to people across this country about issues that they're really concerned about. not who is the best debater who has forgotten an agency as they were listing out some they would do away with. they want to see a plan to get this country back working. we've laid one out. we're going to continue to go

share with the people of this country that vision of how to get america working again. >> brian: you don't think he's done, but that's not going to help. he wasn't having a bad debate up to that point, but he's not going to quit, but not commit to any debates past the next one. herman cain, he was pretty strong in this debate considering all the controversy. listen to the crowd reaction, michelle, and i'll get yours, when he was asked the question about these women and their accusations. >> recent days we have learned that four different women have accused you of inappropriate behavior. here we're focusing on character and on judgment. you've been a ceo. why should the american people hire a president if they feel there are character issues? >> the american people deserve better than someone being tried in a court of public opinion based on unfounded accusations.

( [ applause ] ). >> gretchen: your reaction, michelle? >> herman cain has got his defense. he's sticking to it and i think that the audience reaction is an indication of their being fed up with the tone of the question. i think it's not that the question is out of balance. it was the dripping hostility with which so many of these other main stream journalists are treating herman cain and his campaign and have since day one. >> steve: yeah. >> brian: overall, i thought he was pretty good, but remarkably composed considering what he's done over the last two weeks. don't you believe mitt romney was pretty strong again last night? >> he was, although it was interesting. there was a lot of reaction on twitter that he seemed to be a little bit off his game. people thought he looked a little bit pale. they had remarks about his hair. but he's been steady freddy. >> gretchen: what about newt

gingrich? >> well, look, there is a lot of talk about the resurgence of newt and i think it's a sign of desperation moaning many grassroot rank and file conservatives looking for somebody who has the energy, the brains to go up against barak obama in debates. there is no question that newt is always the smartest guy in the room. but does his record match his rhetoric? can grassroots conservatives trust him given his many, many strayings from fundamental conservative principles and candidates over the last several years? >> steve: he did go after the money honey and she wound up getting neutered. let's talk briefly about how ironic is this: occupy wall street, we all know that, they're anti-bank, anti-capitalism. occupy oakland on the west coast got $20,000 from occupy wall street in case anybody needs to get bailed out of jail. what do they do it? put it in wells fargo!

>> wells fargo, which they had vandalized atms of which they had destroyed last week when they went on their anti-bank, antibusiness rampage in downtown oakland, which is already a basket case. this is what happens when reality smacks these ideological fanatics in the face. they're rationalizing putting the money in this hated bank because of course, the regulations require them to do this when they're creating a credit union account. but we're seeing this kind of rank hypocrisy across the country with this movement. it really is disintegrate not guilty front of our faces. it couldn't happen too soon. there are not enough adult in these metropolitan areas like oakland taking care of them and i think that moves like this are destroying the credibility in the face of many of the true previouses. >> gretchen: michelle, always great to get your thoughts on the thursday morning. we'll see you again next week. >> take care.

>> steve: all right. straight ahead, if you own a house or you're thinking about buying one, send us your e-mails. possible massey will answer your questions coming up next. >> brian: they're america's favorite infomercials. what makes them so catchy? john o'hurley will come out with his pocket chair. >> steve: really? really? [ technician ] are you busy? management jt sent over these new technical manuals. they need you to translate them into portuguese. by tomorrow. [ male announcer ] ducati knows it's better for xerox to manage their global publications. so they can focus on building amazinbikes. with xerox, you're read for real business.

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get up to $050 total savings on the 2011 nissan quest. ♪ >> gretchen: each week on this show, real estate expert bob massi covers the latest news in america's foreclosure crisis. you've been e-mailing your questions for weeks and today we're dipping into the mail bag to answer some. joining me from las vegas, bob massi. good morning to you, bob. >> good morning, gretchen. >> gretchen: hopefully you can help some folks with your answers today. let's look at this. we purchased a condo and found out that there was a tax lien against the property. the title company said not to worry because at this point, there is no damage and unless

the lien foreclose, then they will step into the picture. what should we do? >> two perspectives on this. if you're the homeowner when you buy a home, as you know, we buy title insurance and that's to protect any liens against the property. the homeowner's position should be they put the title company on notice of the lien and as a result of that, if for any reason there is a problem in the future, the title insurance has to take care of that. the title company's basically saying, from their perspective, wait a second. since the tax lien is not foreclosing on the property, there is no damage, so we'll deal with it later. my position is you deal with it now. you put them on notice of it and you take care of the title to this property so it's a clean title so if i want to refinance the property or sell it, you have clean title. take care of it now, homeowner. >> gretchen: good advice. another one, my dad passed away and left my brother and sisters the house in a trust. however, he dealed the home to me as a joint owner because i have been struggling financially. the house is paid for. do my brother and sister have a claim to the house?

>> this happens a lot, gretchen. you see, you can have a will or trust that says, i leave all of my real estate, my personal belongings to my three children. but if during your lifetime, one of your parents gives you the house or you become a joint owner, title to the property, gretchen, will take priority over anything that the will or the trust says, as long as that title transfer was not as a result of duress or undo influence or mental incapacity. so if dad gave the property to his daughter because she was a struggling sibling amongst his children, then that is a completely legal transfer and she would be entitled to that, regardless of what the will of trust says. >> gretchen: wow. that's great advice 'cause i would have never thought you would have said that. here is our last e-mail. we are 75 years old, our house is paid in full. do you recommend that we put our children's name on the deed to the house or give them power of attorney?

another great question. >> no, let me tell you something. i tell my clients all the time. don't put your children on your keyed during your lifetime as it relates to that because even from the last question, it's a concern of mine, because if the kids get sued, they get in a bad accident, there is not enough insurance, then what do you have? you have an asset that's paid for that now is potentially attachable from the person that may sue that kid. one of the things we talked about real quick, a few weeks ago is the deed effective upon death, most states have this where you can create a deed and say upon your death, it goes to that child. almost every state in the union now has that. make sure you check with your lawyer that did your will and trust to see if the law is in that state. >> gretchen: fantastic advice. bob massi, thank you for joining us. >> thanks. >> gretchen: if you have a question, e-mail bob by clicking on the link on our web site. it's that easy. coming up on the show, chances are you've seen them -- what am i talking about? america's most popular

infomercials. >> you don't make your whites whiter. it will make your brights brighter. oxy clean. >> gretchen: but what makes them so catchy? john o'hurley is here to break it all down. oh, my goodness. there he is. hi, john. then police rush to save a little boy's life. you have to see this video. he's being crushed by a car and they've got nothing but their bare hands. do they get him out? [ male announcer ] in blind taste tests, even ragu uss chose prego. prego?! but i've been buying ragu for years. [ thinking ] i wonder what other questionable choices i've made? [ '80s dance music plays ] [ sighs ] [ male announcer ] choose taste. choose prego.

>> steve: we've all spent a night or two up late watching those infomercials.

>> brian: for us that's 9 p.m now a new tv guide specialists the 25 most memorable like this one. >> it makes shakes. it does omlettes. it makes muffins. it does a small load of laundry. but it does everything. it's a cool product, but you watch the infomercial and you think, why are these people together? >> gretchen: john o'hurley is the host of the special. >> how funny is this? this is where con at the time has to be -- actually commercials have to become as compelling as content. >> steve: they got to get somebody off the couch to not only act, but spend their money for something like oxy clean. >> and some of the things we had to pie these things. i don't know how many of these have cost. look at the ped egg. >> gretchen: i bought that. it works! >> it's for calluses and carpentry. animal, vegetable or mineral,

you can somehow make a milk shake out of this right there. >> brian: magic bullet. >> no matter what it is. pajama jeans. tell us what these are. >> gretchen: i remember these were all the rage a couple of years ago. they're pull on jeans so that they feel as comfortable as pajama attention. >> steve: brian, put them on. >> brian: i'm going to put them on now. >> look at that. of course, we have the snugy, which combines comfort and sloth at the same time. >> gretchen: put this on. >> you wore this? >> steve: we've done the segment with the snugy. let's look at the infomercial that ranked number three. we're talking about oxyclean. >> it will make your whites whiter. it will make your brights brighter. as a stain remover, it's the best! grass stains, clay stains. long live your laundry! oxyclean! >> steve: billy mays. we used it based on that.

>> brian: it always works for me. >> gretchen: is this next one ranked number two or 20? >> 20. >> gretchen: okay. tony little and the gazelle. >> working my butt off. i lean forward, i'm working my chest, the back of my calfs. and i'm working my heart and i'm working my loves. >> brian: entertaining and effectiveness. that looks good. >> $1.5 billion off that. is that unbelievable? >> gretchen: that is. >> infomercials to me are the most amazing piece of mini theater you've ever done, beginning, middle, end, it has to entertain and it has to be as compelling. >> steve: do people buy those because they want to get in shape or whether or not they can look like tony little? >> i think they get attracted to the energy -- figure, it's more exciting than what you're watching on either side of it. >> brian: people come up to me for bra advice and i always say, weak. there's an infomercial ranked 23

called ah bra. >> yes, if it hurts, you shouldn't be wearing it. >> shoulders are perfectly in place. this is a perfect fitting, white bra that you can use with a camisole. this is why we love the ah bra. >> steve: okay. what makes that special. >> gretchen: i like how the men are debating the bra. >> this is really your expertise. >> gretchen: apparently not. do you like underwire better? >> brian: put it this way, you've heard pros and cons. >> gretchen: not good when you go through security. >> they used to call it, in gramar school, the over the shoulder boulder holder. >> gretchen: that's cute. >> it always had to have a catchy phrase. >> brian: you have more respect than ever before for the people who produce these, don't you? it's fundamental america. >> it's pop culture. the infomercials have become pop culture. amazing how that happens. >> brian: where did pocket chair

rank? the chair that goes in the pocket. >> i could tell you, but i would have to kill you. >> brian: there it is! it's genius! >> steve: and it's amazing. brian is trying to sit down on it. >> remember this, the in styler, this was used when we had no regard for human life. it was so dangerous. hair should not be dangerous. >> steve: i heard is it's illegal at gitmo. >> back off! >> steve: we'll be watching your show. it is november 13, sunday, 9:00 p.m. on the tv guide network. >> brian: we'll watch you on broadway, how? >> every night, chicago. i'm doing the 15-year anniversary run right now. monday night is our big night. >> steve: congratulations. >> thanks. >> gretchen: you're a busy guy. >> steve: straight ahead, we got breaking news when we come back. brand-new jobless numbers from the department of labor and what they mean for our economy. >> gretchen: the white house wants to close gitmo, but this week it's starting terror trials there. can they have it both ways?

katherine herrage live for us at guantanamo bay. >> brian: john, take it away. >> gretchen: it might be the last thing that you want to hear. during a national emergency, it's fema's test. why didn't i get to do the voiceover. >> brian: you should have. lady gaga got to sing about it. that's the problem. >> steve: thank you, john. ♪

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>> gretchen: fox business alert for you. check out your screen. labor department just releasing the latest jobless numbers. 390,000 first time unemployment claims filed last week. they were estimating 400,000 claims. it's been hovering around that number for some time now. so this is lower than expected and i guess we would categorize that as somewhat good news, although usually we have eric bolling on the couch and he always test us that 350,000 number we need to see to see a tick down in unemployment. >> brian: i'm sure the white house is thrilled it's under 400. >> steve: yeah. the big question is, how many jobs were created? that number comes later. >> brian: headlines, give me a proper -- the white house vowing to close the detention camp at guantanamo bay by this time next year. the problem? the deadline falls right in the middle of one of the most highly anticipated war crime tribunals in history. katherine herrage is screaming live from gitmo with more.

hey. >> good morning. you recall back in september the attorney general eric holder told a bunch of european lawmakers that this administration intends to close the camp by november next year. but i can tell that you statement really flies in the face of reality here on the ground. there are 171 detainees and they haven't transferred any and more than half who are left are from yemen and that country is just so unstable, they can't be sent back. so the detainees pass their time with art class, computer classes, typing classes. a class called time management, which may come in handy when you're spending most of the day inside your cell. one of the big technological advances here is a piece of hardware that helps the guards avoid assault by bodily fluids from the detainees.

>> once the item is placed inside, the guard will open it, start the detainee to step forward and remove those items and take a step back. while looking throughout window when the guard sees the item is in the detainee's hand, he'll close the drawer. then the transaction between the guard force and the detainee is complete without any physical contact. >> gretchen: the reality -- >> the reality here is there are 171 detainees. they haven't been able to transfer anyone out for a year. so countries are not stepping up to take them. you couple that with the fact that we just started the first military prosecution under president obama's watch that includes the death penalty and both sides of the attorneys in that case say it could take at least three to five years to get a verdict. so it's really pretty hard to see how this administration is going to close these detention camps in the foreseeable future.

>> steve: if it does take three or four years, it's good to know that khalid shaikh mohammed is taking time management classes. >> brian: can you believe that? time management class. >> gretchen: he's halfway through his trial when they decided to suddenly shut it all down. we could have known his fate many years ago. >> brian: the question, he told us his fate. guilty. >> gretchen: that was part of what made it all so stunning, is that they closed it down after that. >> steve: thank you very much for the live report from cuba. other headlines. oven zara, washington national catcher wilson ramos was kidnapped at home in his native country at gun point. reports say four gunmen approached him outside of his mother's house, then forced him into a vehicle. 24-year-old was there to play with his winter league team. rye now, they don't know where he is. >> gretchen: scary. a live look at the british parliament in london where news corps executive james murdoch wrapping autopsy second round of testimony about an alleged phone hacking scandal. just like the first time, he

told lawmakers he had no knowledge of any wrongdoing until it was too late. he also says that news corps is doing all it can to prevent similar problems in the future. the company is the parent company of both news international and fox news channel. >> brian: the white house has until noon today to hand over solyndra documents subpoenaed by the house committee. the obama administration is not expected to comply. that would force a showdown over memos, e-mails and all internal communications related to the $535 million government loan to the now bankrupt solar panel company. republicans on the house energy and commerce committee investigative panel want to know why the loan went through despite warnings that the company was failing. >> steve: meanwhile, two florida police officers honored for saving the life of a six-year-old boy. dash cam video shows little dominic tripping on his way to school. a car accidentally drives over him and pins him to the ground. the officers used super human

strength and their bare hands to pull him out. today we are happy to report the little boy is doing just fine. that is fast thinking. >> gretchen: miraculous. it was only a test, but it failed. fema's first nationwide emergency alert test was supposed to happen at 2 p.m. yesterday. but instead, some people actually heard this. ♪ >> gretchen: direct tv viewers heard lady gaga singing "paparrazzi." that won't the only problem. it started three minutes late. in some places it went long. some stations didn't get it at all. fema trying to work out the glitches. i guess the government-run programs always work so fabulous. >> steve: it's just a good thing they didn't accidentally run the beatles singing "help." >> brian: that would have been bad. we definitely need music to tell us how to panic.

hey, it's the big question of penn state, who will replace ousted coach joe paterno? it's one of the many questions at penn state. some say it might be this add. former university of florida coach urban meyer who resigned in 2002 for health problems. rumor is he may return for a job like penn state. also reported possibility, rutgers coach. he could do it. as well as university of miami head coach al golden, who is not happy with the program under sanctions. and last but not least, tom bradley is a contender. the penn state defensive coordinator has been tapped to finish the season as interim coach. that campus is still in turmoil big time and will be for the foreseeable future. nba lockout negotiations set to resume today in new york. yesterday players and owners talked for nearly 12 hours. i wonder about what. they failed to reach a deal. you may remember the commissioner warned players if they didn't accept the latest offer last night, the proposals

would get worse and worse, but the word is he's not really sticking to that. he's just trying to get a deal done. and now a question for you: here is a guy who has got his priorities let's say uniquely set. english soccer manager, he's their head coach, missing his own son's wedding for a friendly matchup with spain! england against spain. he was originally scheduled to go friday, but had to postpone it at the last minute. so he had to choose, he chose the team over his son in an inconsequential game against spain! >> steve: how many kids does he have? a bunch? >> brian: i'm sure he likes the others better than this kid. he's missing this wedding. i guess that's why you have a videogarapher. you can tape it. >> steve: maybe he do not want to pay for any part of the wedding. >> brian: but when you have a job, you have to show up. it's not england's fault. >> steve: they should have had the wedding on another day. >> brian: thank you.

>> gretchen: okay. let me be on the other side of this equation. i think that for your child's wedding, you can make one exception to miss work. >> brian: she's got a very good argument. you won the debate. >> gretchen: i don't know. let us know what you think about that. coming up, honoring our heros right here on the home front. now a major american company is stepping up to better the lives of america's veterans. >> steve: plus, they were caught on open microphone complaining about israeli prime minister benjamin netanyahu. one of our next guests says it's what wasn't said that's making things much worse. right back. so i was the guy who was never going to have the heart attack. i thought i was invincible. i'm on an aspirin regimen now because i never want to feel that helplessness again. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. talk to your doctor, and take care of what you have to take care of. ♪

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what's in your wallet? diabetes testing? what else is new? you get the blood, hope it's enough, it's-- what's this? freestyle lite® blood glucose test strip. sure, i'll try it, but-- [beep] wow. yep, that's the patented freestyle zipwik™ design. it's like it-- [both] targets the blood. yeah, draws it right in. the test starts fast. you need just a third the blood of one touch.® okay. freestyle test strips. i'll take 'em. sure. call or click-- we'll send you strips and a meter, free. can't i just have these? freestyle lite test strips. call or click today. >> steve: tomorrow is veteran's day and our nation's veterans and their families have made great sacrifices for our nation. home depot is finding a unique way to say thank you. they have partnered with nonprofits across the country to repair and renovate homes and

facilities for our returning heros. mike is the mager of a home depot store in austin, texas. wave, mike. and team depot captain for austin volunteer project. he has joined forces with wes and judy pierce, the founder of an organization to give wounded veterans and their families a break from everyday routines and former army veteran jared myers serves on the organization's board. great to have all of you here. >> great to be here. >> steve: mike, how have you tried to make the lives of these returning heros better at home depot? >> we're so fortunate that we're in a store in austin that we're able to participate and give back to our community. we were able to align ourselves with heros night out, which is directly in line with the home depot foundation's goal of providing a safe place for every veteran to call home. in this case, we were able just

to give back both in helping to renovate their facility and create a living environment for people to come to. >> steve: so you've got the celebration of service in austin and your organization, heros night out, you oversee it, right? >> correct. >> steve: doing what? >> we have the facility which home depot obviously renovated, 6,000 square foot building, and along with a lot of other community businesses have been involved in it, and it's a one-stop shop for veterans and their families to come into and then we find the services available for them. >> steve: so people, they come home, they need help. you try to figure it out? >> correct. jared would probably be a better person to explain that. he lived it. >> steve: how have these three people and these organizations helped you, jared? >> home depot has kind of led the way in standing behind the veteran initiatives. so we couldn't do what we're doing in central texas without companies like home depot.

they allow us to have the opportunity to call this organization home. hero's night out helped a lot of folks and the initiative that home depot started out with has allowed us to operate centrally and help those in the area that need the most assistance. >> steve: that's great. when did you come back? >> 2005. >> steve: very good. they've been helping you for a while. in the beginning it started as you wanted to give returning hero has night out. take them out to dinner or the movie or something. now it's really grown, hasn't it? >> beyond belief. it's a very quick growth. it went from a $50 gift card to our 6,000 square foot resource center. and we have people that come in there every day now. we've even got our vietnam vets now that are coming in looking for help because there were things that were not available for them then than there is now. >> steve: you started your

organization, hero's night out, as a tribute to the military recruiter who recuperated your boys. >> correct. >> steve: because he lost his leg. >> sergeant michael clark. when we were down at brook army medical center, judy met a young lady and her husband was a double amputee and her kids were coming the next day and she said, we had to do something. so we bought her a gift card so she could take her kids out. >> steve: what great story. hats off to you at home depot. i understand you've donated something like $30 million. >> yeah. we said we were going to give $30 million over three years. this was just a quick two months again where we were able to focus on this. really fortunate to be able to participate. >> steve: mike and wes and judy and jared, we thank you all for joining us. if people would like more information about this? >> hero esnightout.org. >> steve: thank you all. >> thank you. >> steve: happy veterans day tomorrow.

>> thank you. >> steve: this is a hard break coming up. meanwhile, they were caught on open mike complaining about benjamin netanyahu. but our next guest says it wasn't what was said that was actually making matters worse. we will explain shortly. right now let's check in with hemmer for a preview of what happens in 1 minutes. >> how are you doing? good morning to you. by the way, we're expecting another announcement from penn state this morning. so we're keeping an eye on that. new e-mails now public, what they say about who was involved in the solyndra loan scandal. how is rick perry explaining himself this morning? how did herman cain hold up last night under the glare of the national spotlight? what did the candidates say about issue number 1, the economy? breaking news on that. we'll see new ten minutes here on "america's newsroom." so who ordered the cereal that can help lower olesterol

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>> brian: both the u.s. and france are back pedaling after an open mike caught president obama and president sarkozy criticizing netanyahu. >> gretchen: in that exchange, sarkozy said to president obama, quote, i cannot bear netanyahu. he's a liar. president obama then replied, you're fed up with him? i have to deal with him every day. >> steve: oh, man. many now wondering just how cold the u.s.-israeli relationship has become. joining us is the "new york post" columnist, michael goodwin. good morning. >> good morning. >> steve: the back story here, which is a good place to start, is that there were a number of reporters who heard this exchange and apparently co- lewded not to have it come out. >> right. this all occurred last week at the g-20 summit. we only heard about it starting over the weekend and then into early this week. >> brian: because of french newspapers. >> somebody said it's not right to withhold this. thank god for that. but the question is, why did so many others decide and agree to

withhold that? >> steve: why is that? >> you would have to think they probably shared the sentiment? >> they were trying to protect him? >> absolutely. >> gretchen: you find fascinating not the words, but the timing of it all because of the situation that we've had for quite some time, which is with iran. >> we all love good gossip, especially global gossip. but the real issue here is iran and its quest for nuclear weapons. the timing of these remarks i thought were extraordinary given that we have heard a, from the united nations that iran is actually, truly manage a nuclear weapon. they've done all kind of explosive testing which has nothing to do with a peaceful program that they claim to be doing. and you have israel basically warning the world, look, we're going to do this if you don't. if somebody doesn't stop iran, israel is going to use a military strike. and so for the president and sarkozy to be doing this kind of gossip and back bite to go trash talk like teen-agers in high school, while the world is

headed toward a nuclear confrontation, it seems to me that they're a little bit out of the loop as to what's important. >> brian: in terms of what's important, i know this pales in comparison, iran getting nuclear weapons, but now if you're running against president obama, he can't even pretend to say that relations with israel and netanyahu were good. we already caught you, mr. president. >> he's had a very difficult relationship with netanyahu along, clearly doesn't like netanyahu. from what i hear, it's mutual. it's really not about the love lost. those relationships are important, but fundamentally, this is about strategic alliance that serves both israel and the united states. and if we're going to let iran get a nuclear weapon, they've already said they will wipe israel off the map. they talked about eliminating the great satan, which is us. israel is the little satan, we're the great satan. saudi arabia says if iran gets the bomb, we're getting the bomb. so you are starting a whole new nuclear race in the region which is the most volatile region in the world already. so for the president, again,

he's missed opportunity after opportunity. he's now been in office almost three years, said iran, it's unacceptable for iran to get the bomb and yet, here we are, they're clearly closer than ever. and we have no policy. >> steve: oh, man. >> brian: mitt romney had an editorial about this. find out how he would do it. >> it's in the "wall street journal," very good piece. very strong piece. i think he does a very good job of capturing all the opportunities president obama has missed. >> steve: all right. very good. michael, always a pleasure. now get back to your typewriter. >> brian: do you still have one? >> i have it. i don't use it. >> gretchen: it's a collector's item. always great to see you. more "fox & friends" two minutes away. i take my multi-vitamin

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. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. >> steve: if you write a check tomorrow it will be the easiest day of the year to do it because the date, 1-11-11. veteran's day. >> brian: general will be on our show. medal of honor recipient. dakota mire will be here. >> gretchen: we'll be talking a >> we'll talk a lot