and gregg, thank you very much for being here today. gregg greg pleasure, i'll be back here tomorrow. bill is having a two-day birthday party! "happening now" begins right now. have a great day, everybody! jon: and we begin with this fox news alert. the supreme court agrees to hear argument necessary a legal challenge to president obama president health care law. good monday morning, i'm jon scott. jenna: that is big news. i'm jenna lee, good morning, everybody, this happened moments ago, the supreme court said it will take up specifically the florida health care case which is really the big one that it has, jon. jon: the 26-state case involving florida and 25 other states challenges the overall constitutionality of the new law. chief produce correspondent ed henry is traveling with the president in honolulu, hawaii. ed. >> reporter: good to see you jon. we've just gotten reaction from dan piper, the white

house communications director saying, quote, early they are year the obama administration asked the supreme court to consider legal challenges to the health reform law, we are pleased the court has agreed to hear this case, he goes on to list the benefits they believe, thanks to the affordable care act, pfeiffer says 1 million more have health insurance, women are getting mammograms and extra services without paying a penny out of their own pocket, insurance companies have to spend more of your premiums on the health care instead of advertising and bonuses. we know the affordable care act is constitutional and are confident the supreme court will agree. that is why the white house was pushing for this to move forward. they want a decision, say, in the spring of 2012, so that this is not decided right on the eve of the election. there are republicans already looking at this and believe thank either way this is going to work out very well for the republican party in an election year, because if the health care law goes down and the supreme court says it's unconstitutional, they will then make the case as they have since the very beginning that this was an

overreach. if the supreme court keeps the health reform law alive, then it obviously is alive as an issue for them to continue to pound the president in 2012. now, the white house obviously has a much different view. that's why they're pushing for this, to all go forward, they think, number one, it's constitutional, and the other thing i will close on is that i'm starting to hear this sort of strategy behind the scenes from top officials, where they say the way they approach this inside the white house is implement and improve is sort of their slogan. they think that the parts of it that dan pfeiffer eye height dollars that will help women with breast cancer, help young people get health insurance are good and they acknowledge, look, there are other parts of the law that have not advertised, let's figure out how to fix it and make it better, instead of throwing the whole thing out. the bottom line is you still have this sharp divide, one of the hottest issues in 2012, now going to be looked at for sure by the supreme

court, and the fact of the matter is it's game on, jon. jon: it's going to be interesting to watch. ed henry with the president in honolulu. sounds like you're on the beach there with the waves in the background. >> sounds good right now! jon: sounds good to me. chilly here! jenna: like it when the president goes to hawaii of all places. not so much in other places. we will not name those. the deadline is less than ten days away and the supercommittee still sharply divided according to reports over how to cut more than a trillion dollars from the decifit over the next ten years, and there's a lot the stake if they don't agree, because then automatic cuts to defense and domestic promise kick in, not immediately but in the next couple of years. the big issue as we understand it is the same one that's thwarted efforts on capitol hill, finding the right blend of tax increases or revenue increases as they're sometimes called and cuts government programs that we all have come to depend on. the panel is not about to give up hope quite yet and

we're going to get a progress report from our chief congressional correspondent, mike emanuel, live on capitol hill. we understand the president weighed in on the supercommittee, called on the members to do the responsible thing. what is the message from the white house to the supercommittee at this time? >> reporter: it's pretty fascinating because the president has hands off with the expr committee, he called the co-chairs on friday and weighed in from hawaii, saying there are no magic beans to solve the decifit problems, called on lawmakers to abandon their positions, if you will. here's more from the president from hawaii: >> my hope is that over the next several days, the congressional leadership on the supercommittee go ahead and bite the bullet and today what needs to be done, because the math won't change. there's no magic formula. >> reporter: there's some sense politically it might not be bad for the expr

committee to fail for the president, allowing him to run against a do nothing congress but clearly, pushing congress to try to get something done. jen jeand it might be fun if someone did have magic beans. who knows, that could introduce a new variable to this whole dprontation! how about what happens to the supercommittee, as far as where the members stand. i mentioned a lot of the reports are coming in to us about who's arguing with who, but from your vantage point, where do things stand with this committee? >> we've talked to senior aides today, jenna, who say the situation is fluid and that's good in a sense because it allows maximum flexibility to come up with a deal. the supercommittee overall has not met together since halloween, they've been meeting in smaller groups, but that fluid situation can be bad because of course, they still need to strike a deal. co-chair jeb hensarling in the house said this could be a 2-step process where they essentially lay out the figures of what figures need to be work out details in items of tax reform,

entitlement reform. here's senator pat toomy, making his case on fox news sunday: >> every group that's looked at this, all the bipartisan gription commissions, gang of six and the others have acknowledged if there's going to be any more revenue it's got to come in the context of progrowth tax reform, the kind of reform we're talking about that's absolutely guaranteed to create millions of jobs over time and still more revenue. >> reporter: congressman james cia burn -- clyburn, a democrat on the committee said democrats have yet to coalesce around a single proposal which republicans say may be troubling because it may be difficult to figure out exactly where the democrats are as negotiations go forward. jenna. jenna: less than ten days. mike, thank you very much, mike emanuel on the hill for us today. jon: for background now on the congressional supercommittee tasked with cutting or debt, it was created in august, back at the height of the arguing in washington over whether to raise the debt ceiling, and at the same time that standard & poor's downgraded our country's aaa rating.

the 12 member panel consists of six senators, six representatives. it is also evenly divided between democrats and republicans. jenna: and no magic beans! jon: no magic beans in the room. jenna: one group is calling on the supercommittee to go big, saying don't stop with the $1.2 trillion, that's mandatory. if you're going to make one, make one that puts a dent. joining u.mia mcginnis, and nice to have you back with us. we've talked to you a few times. but for viewers joining us for the first time and seeing you, describe your group. is it non35r9 san -- nonpartisan, bipartisan, left, right leaning? what do you do? >> it's completely bipartisan. it's a group of people who are the former experts from the budget world, the heads of the treasury, feds, office of management and budget, or the congressional budget office. that's the board of directors and we work with policymakers to try and create an environment where we can have more responsible fiscal polices.

it's been a bit of a challenge but it's a tremendous group around for 30 years, not about politics at all, but focusing on the budget and how to improve the fiscal environment and obviously there's a need for that right now. jenna: what lawmakers have you been talking to recent snre. >> we've been working with anybody who cares about the budget issue, and i have to say, in years past, it wasn't exractly the top tier agenda item, it's the top of everybody's mind right now, so ever since the bowles-simpson commission came out and put forth sort of a blueprint for a way forward we've been working with members in the house and senate to think about bipartisan ways to put forth a big, bold plan, like bowles-simpson or something else that would actually stabilize the debt. jenna: is the go big collision your idea? >> go big coalition is something that's come out of congress who have been studying the issue and the more you study it the more concerned you become that this $1.2 trillion mandate of the supercommittee, for instance, great for starts, but it's not nearly enough to fix the prorks so there's a bipartisan group, both in

the house and senate, who said if we're going to fix the problem, we need a full fledged fix, something that's comprehensive and puts a dent in the fiscal environment, so closer to $4 trillion in savings than the 1.2. what's really encouraging is to see the efforts. the house, they did a letter with # hundred members of congress, bipartisans, saying go big. when is the last time we saw 100 bipartisan members talking about doing hard like that? >> jenna: but in these coalitions, here we had the gang of six, then we had the supercommittee, then we have the go big coalition, but we have yet to make any major decisions about what to do in the budget or debt. we can have a lot of coalitions and that's great but if they don't do anything, what is the effect? one of the questions i have for you, because you talk to these lawmakers on a regular basis and you have a unique perspective on this, some have described this point where the supercommittee is, a difference in ideology, and unbreakable, because it has to do with the way we see our country in the future. is that how you would describe it, do you see

there being actual ground that people could agree on to get to the $4 trillion you're mentioning? >> you know, i do. i do think that we had lots of efforts in the past year and a half and one thing that's use less, one informs the next so we have a whole lot of polices ideas from bowles-simpson, what the gang of six did, about what could fix the problem and how to do that within the congressional process. the supercommittee has a unique opportunity, where it can get a lot done with a much lower threshold for success, and this presents a rare opportunity to do something hard. and like you said, it's completely true, and edge mate mat, that both parties have different world views of the government. the size it should, who should pay how much in tax, what the government's spending priority should be. and it's great to have differences of opinions. but when you're facing a crisis like we are now, just look at europe to know what happens if we don't fix this. it's also the time to compromise. what you're seeing now, including on the supercommittee, is people coming forth and saying well, i know my ideal plans

and it's not the same as a compromise plan but we also have to be willing to talk about where and how we could compromise and you're seeing that out of supercommittees. senator baucus put forth a plan that probably wasn't his choice but moved the ball forward, the republicans have put revenues on the table through tax reform. not as much as democrats would like but it's a start to have discussions going. so it's hard to find the specifics but you are seeing progress on, don't forget, what is a very hard issue. we're talking about fixing social security, medicare, the tax system. this is not easy stuff. jenna: it isn't. again, the headlines from our conversation is that you're being well received, at least from both sides, and that could be promising to us as viewers to know there is work being done, because sometimes it's doubtful, at least looking in. maya, nice having you with us and we look to updates over time to see what the progress is like as we near this deadline. thank you again. >> thank you. jon: congress can't agree so they punt to a committee.

jenna: i'm wondering what the next name is going to be, right? >> jon: the duper committee will come after this one! a major airline gets slapped with a hefty fine. the feds responding to horror stories from frustrated passengers, trapped inside airplanes on tarmacs for hours. jenna: whenever you pause, don't you wonder on the tarmac, am i going to be the one sitting there for seven hours? we'll talk about that coming up. herman cain's wife speaking out for the very first time about the sexual allegations directed at her husband. gloria cain told greta van susteren -- >> i know that's not the person he is. he totally respects women. >> jon: plus, new developments in the pep state sex abuse scandal. the attorney for one of the alleged victims joins us live on how his client is dealing with all of the media coverage. and we'll have a live report from penn state, next. >> another day, another resignation, linked to the penn state sex abuse scandal.

i'm david lee miller, on the campus. coming up, i'll have all the details.

..

jenna: new fallout this monday morning on the penn state sex abuse scandal. the ceo of the second mile charity, that's the charity founded by former coach jerry sandusky, that ceo is stepping down after 28 years in that position. we're also learning the judge that released sandusky from jail was a volunteer for that very same charity. sandusky is a charged abusing that boy while working for second mile. david lee? >> reporter: start with the latest developments here. the president and ceo of the second mile charity resigned this weekend. his name is jack rekvoch. he was with the charity for 28 years. he had come under criticism allowing jerry sandusky to continues relationship with the charity sandusky founded after second mile was reportedly alerted by penn state that sandusky was

involved potentially with children in an inappropriate manner. he issued the following statement. it says in part, i have submitted and the board accepted my resignation, president, ceo of the second mile. providing any statement beyond that statement takes focus away from the children and families that have been impacted. their healing is my priority and my notes and prayers have been and con to be with them. although he has resigned his wife continues on working for that charity. her name is katherine genovese. she is the executive vice president. she has been the executive vice president. he and his wife since 1998 together have brought in a combined income, this is from public records, of $2.2 million. again his wife continues on with that it sha. additionally now, leslie dutchcot the judge that set

bail for sandusky has come under criticism. she was a volunteer for that organization in '08 and '09. she also contributed money to the organization. it is now being rereported she never in any way talked to sandusky and set the bail at $100,000 despite the fact that the attorney general in this case wanted half a million as well as electronic monitoring. jenna? jenna: still a lot of questions today, david lee, thank you very much. jon: well that 23 page grand jury report describes the alleged crimes sandusky committed against eight boys between 1994 and 2009. some of them allegedly occurred on campus both during and after his tenure as a penn state coach. joining us on the phone, an attorney for one of the alleged victims. also with us, the jeff dion, the deputy executive director for national center of victims of crime. ben, let me start with you. how old is your client now? >> jon i'm not able to

provide any specific information that would allow the public to identify who the victim is. the fact that we've got a pending criminal investigation, i just don't this would be appropriate to do so. jon: can you say he is one of those mentioned in that indictment or someone who has come forward since the inindictment came public. >> no, jon, he is mentioned in the indictment. jon: how is he doing? >> well, that's a very difficult question to answer, jon and i think the reason it is so difficult to answer is because my client as well as several other victims had a very close relationship to the penn state university as well as the penn state football program. to see all the negative, the negativity coming out of the university, in recent weeks, i think that is, struck a cord with him. i think it is fair to say he has been torn apart what happened in the last few weeks, fair to say not knowing anything about that person you are representing him because you believe he was the victim of a crime.

did know he was the victim of a crime at the time all of this took place? >> you know, jon, i think, each sexual assault victim is different. in this situation i don't think that my client has had the opportunity to go through the counseling process and really come to terms with what's happened to him. i've encouraged him to do so and i think, you know, in the days that come and through the course of years of therapy he will come to grips with the extent of what happened to him. jon: jeff, you're here because your organization wants to be forceful in helping people who have been victimized by crimes. why do you think, this thing, went under the radar? i mean cord according to the grand jury report for maybe 20 years? >> i think this happens because institutions have sought to protect their own reputations by ignoring allegations of abuse and instead of explain away or

covering up these allegations institutions can actually protect themselves and the people who depend on them by rooting out abusers and adopting policies to prevent abuse. and that isn't what happened here apparently. you can see the fallout as a result. jon: your group advocates that people in positions of trust or authority should be screened. background checks done. if there had been such a check done on this guy sandusky would it have shown anything unusual? >> background checks are just one part of it and it's really about talking with people about checking references, about following up on hunches. listen when people mention that something's inappropriate or they, someone is spending an inordinant amount of time with kids. when someone is spending time with children outside of the program, all, there is all sorts of things that raise red flags. and institutions need to

make sure they have policies in place to pick up on those red flags when they come up. so they're aware of what is going on. jon: all right. jeff dion, ben andriozzi, we have to say good-bye. thanks for being with us. and we'lling be right back why settle for a one-note cereal?

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jon: all right, now the feds are using a new rule for the first time ever to slap an american airlines affiliate with a very big fine for stranding hundreds of passengers on the tarmac for hours at chicago's o'hare airport last spring. patti anne brown at the breaking news desk working on that. >> reporter: hi, jon. delays occurred march 29th at o'hare airport. three planes stayed on the tarmac over three hours. american eagle, the american airlines affiliate behind the delays has been

fined $900,000 by the department of transportation. it is due to that new rule enacted in april 2010. the rule states if a domestic flight is held on the tarmac more than three hours the plane must return to the gate or provide passengers with another safe means of getting off. on international flights the delay max is four hours. american eagle as you mentioned is the first airline to be fined under the new rule. the airline blames the may delays on weather-related airport congestion. the tarmac delay rule was prompted by several incidents includedding one on valentine's day, 2007. that day snow and ice let to jetblue airways stranding hundreds of passengers on 10 planes on the tarmac at new york's jfk airport for up to 10 1/2 hours. airlines opposed to the new rule say they now cancel more flights rather than risk bumping up against that limit. jon? jon: patti anne brown. thank you. jenna: turn to international news now. a deadly day in afghanistan as security forced gun down

would-be homicide bomber. the the frightening scene outside after location after high-powered meeting later this week on u.s. relations our future relationship with afghanistan. michael hanlon, from the brookings institution. he just returned from a one week trip to the region. he is the author of the new book, the wounded giant, american armed forces in the age of austerity. we didn't let you get a nap in. you came to our studios. we appreciate that. great to have your perspective what is going on in afghanistan. a basic question that is not too basic these days. are we winning? >> hi, jenna, in battlefield terms we're making progress. i wouldn't want to make quite use the word winning yet. i wouldn't say this means the overall effort is headed in a major positive way because of course the politics remain very difficult. the politics with president karzai and in kabul, the politics with the pakistanis across the border who are either unwilling or unable to shut down the insurgent sanctuaries continue to be the base which these kind of

attacks you mentioned today tend to carry out. the good news, violence is 25% lower at this point than it was at comparable time last year. 25% improvement is substantial. the bad news, the afghans don't feel their country is safer because crime has not really gone down and there is lot of violence in the east and these spectacular attacks in kabul. they don't kill many people but create a big visibility. the bottom line people are uneasy. they're worried how fast we're going to pull out. i wouldn't say it was a terribly encouraging trip but there is some progress in terms of a, reducing violence and b, training the afghan army and police which are getting bigger and better. jenna: let's take these next questions together then. what is the effect in your opinion of the surge, the recent surge in afghanistan and conversely, what is the effect of us broadcasting our plans for the next several years there militarily? >> well the surge has certainly helped. because it is not only allowed us to consolidate control of a lot of main

roads and population centers in the south of afghanistan but it is also allowed us to accelerate the training of afghan army and police forces which we now do not just in the training facilities in places like kabul but out in the field where there is ongoing apprenticeship. it is very intensive, you know, approach that is made possible by all the new american forces. so that is really the encouraging thing. but where you go in terms of the drawdown, as you suggest, is problematic because we haven't yet achieved as many breakthroughs in the east as we have in the south. i did see some plans that for next year and the year after suggest we will focus more on the east. i think we'll make some progress but i don't like know that it will be really enough at this point unless we can convince pakistan to clamp down a bit more. so we're in a gray zone where we're making progress and at least moving toward our departure because every year we're training more afghan forces. they can do more of the job. that is the good news.

the bad news is we can't say if the overall effort will be successful. jenna: great to talk to you about strategy and policy whether about the military. i like your opinion as an american who has been able to go back and forth to afghanistan eight times now. when you come back, what do you think is the one thing that every american should know what is happening in afghanistan right now and where our resources are? what do you think is maybe misunderstood we need to know more about? >> thanks, jenna. that is great question. the most encouraging single thing is the progress in the afghan army. a lot of times we hear reports of enduring corruption and drug abuse. there is that. there is lot of illiteracy in the afghan army and police. but they are getting better. the american officers say they are good. they're better fighters than iraqis. some don't know how to write. they're not very educated in classroom sense but out there in the field they're getting bigger, stronger more capable. that is the encouraging news. people are well aware with the discouraging news which

has to do with politics. politics with president karzai and his cabinet and other, in afghanistan. politics with the pakistanis across the border that is appreciated already. let me focus on the positive to finish up. jenna: not missing a beat after several hours in a plane. michaels, thanks for joining us again. we look forward to have youing back. >> thank you, jenna, you might have breathe ad big sigh of relief when banks dropped plans tacking on big debit card fees. guess what? you're probably not out of the woods yet. major fees lenders have in store to make a little more money out of your wallet. that is next. plus justin timberlake plays a real life prince charming. making a promise to take one lucky lady to the marine corps ball. why the star says he was the lucky one. ♪ . [ male announcer ] whether over a cup of maxwell house,

or a can of paint, you turned millions of votes, and hundreds of volunteer hours, into a real difference for over 100,000 people. what's next? tell us on facebook. time is running out to select your medicare coverage. the annual enrollment period ends wednesday, december 7th. so call now to enroll in a plan that could give you the benefits and stability you're looking for, an aarp medicarecomplete plan insured through unitedhealthcare. what makes it complete?

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enroll today and enjoy advantages like these for as low as a zero dollar monthly premium, beyond what you pay for medicare part b. now is the time to look at your options and enroll. start getting the benefits of an aarp medicarecomplete plan insured through unitedhealthcare. but you need to act now. annual enrollment ends wednesday, december 7th. call unitedhealthcare today about an aarp medicarecomplete plan. you can even enroll right over the phone. or visit us on the web. don't wait. call now. jon: well michele bachmann is accusing cb. news of media bias. this after a producer from that network accidentally sent an e-mail to her campaign suggesting that gop contender would get fewer questions during saturday's debate because of her low

numbers in the polls. chief washington correspondent james rosen live in our d.c. bureau with more on that. what did cbs have to say about all this, james? >> reporter: they didn't back down. individual e-mailed comments riled michele bachmann says his was the classic washington gaffe because he told the truth. at issue, saturday nye "cbs news" "national journal" debate on foreign policy. bachmann wasn't asked a question until 15 minutes in. afterwards team bachmann released e-mail that was exactly way the cbs executives envisioned it. joining dickerson hit replay to all on e-mail whose recipients included a bachmann campaign aide that bachmann could be his guest afterwards on online program. dickerson said of the minnesota republican quote, let's keep it loose since she is not going to get many questions. on sunday morning, bachmann asked what advice she would give texas governor rick

perry how to climb back to the top tier of candidates. that is good question, bachmann replied. >> what we're doing is meeting with people on the ground. we have a very good organization in iowa. we have a lot of identified supporters and so we need to do the very hard work of meeting people and greeting people, talking to them, blissening to them -- listening to them and organizing. >> reporter: former utah governor jon huntsman struggling in the polls told "cbs news" on sunday voters don't coalesce around candidates until 10 dates before the vote, jon. jon: what about herman cain? i know numbers show he is in the hunt for the nomination but i guess there is new evidence his fortunes may be changing? >> reporter: there is new evidence that the sexual harassment charges against mr. cain may be taking a toll. if you look at real clear politics average of major rep pewable polls conducted over the last week while herman cain enjoyed leads of two and three percentage points respectfully in the powe lit could and "cbs

news" polls. margins so small to represent a statistical tie with mitt romney and newt gingrich, in the most recent survey, governor romney leads gingrich by four points and cain by six. bottom line the race remains fluid. only 30% of the republicans and republican leaning independents queried by mcclatchy reported being firmly committed to the joyce of candidate. even those of us not gifted with math. that means seven of ten of those groups queried could be changing their choice sometime soon, jon. jon: good math on the flies. james rosen in washington. >> reporter: thank you. jenna: get him on comedy tour. take that act on the road. "fox business alert" for you now. new concerns about rising bank fees. major lenders are scrapping plans to charge you for using your den bit card. there is a whole bunch of outrage about that. many are making up the difference with new costs. joining us fox business network's david asman. david, are these hidden costs? are the banks telling us

that and -- >> no, they are hitten costs. have you ever seen an at&t bill for mobile? i don't know if you pay those or do it automatically --. jenna: i like to close my eyes and hit pay button. >> so many little charges. you're nickel and dimed to death. beginning to look like that on your bank statement as well. you have you to take a magnifying glass and look at all the details. if you want to transfer money by wire there's a charge. if you lose your debit card and want it replaced there is $5 charge. $25 dollar charge if you want it overnight. everything done there is charge added to it. jenna: why? >> because banks are not making as much money as they used to. back in the glor days, mid 2,000s and interest rates high enough and loans were going out because companies weren't distressed. they were making a lot of money on interest on the loans. banks are afraid to lend because so many companies are in trouble. with interest rates at zero they're not making money for the loans they put out. jenna: interesting to see in the morning times talking

about some hidden fees, for a regular basis checking account it costs the bank 200, $2300 a year to maintain the checking account that was surprising me. they put it in like a piggybank and they don't do anything. don't they have to get money to pay for that? >> other thing costing them money is new regulations. the dodd-frank bill added a whole new slew of regulations added onto the dodd-frank bill most of us didn't notice because it affected credit card companies was the provision durbin amendment named after senator dick durbin. what that does, essentially doubled or cut in half the amount of money banks could receive from retailers. every time retailers swipe the credit card they have to pay a fee to the credit card companies. well the durbin amendment cut in half the amount of money retailers had to pay. that means banks had to find the money somewhere and guess where they looked? exactly to you and me. that is how they're trying to make you the money. jenna: read our bills a little more carefully and make a choice as consumer.

you can choose a bank to bank at. >> you can. basically they're all doing it. add to their costs they will pass them on to us. jenna: mattress is starting to look pretty good. >> that's right. jenna: david, big show tonight. >> big show, big show. cliff stearns, the chairman of the subcommittee looking into solyndra loans. $500 million lost because of all these loans. he has some other details you haven't heard before. "power and money" tonight at 9:00. jenna: "power and money" sums it up, david's show. nice to have you. jon: it is only half a billion, david? >> that's right. jon: singer justin timberlake is man of his world. keeping his promise to corporal kelsey de santis. he escorted the 23-year-old to the marine corps ball in virginia. he said, last night changed my life and i will never forget it. thank you, corporal kelsey de santis and thank you for inviting me and thank you for being my hero. actress mila kunis taking a cue from her famous pal. accepting an invitation to

another marine corps ball on november 18th. the question is, what will she wear? jenna: what will she wear this that is good question. justin looked pretty good in tucks. nice thing about justin as your date you know he can dance. jon: yeah. the music on the way to the event was pretty nice too. jenna: congrat is last to them. jon: good for them. it nice to see some folks in hollywood and wherever they live supporting our military in that way. jenna: we'll look for mila kunis, fashion police, jon scott is ready for reaction. jon: you know it. jenna: launching the post-shuttle era in outer space as american astronauts heading to the international space station. how they're getting there at this time we'll tell you about that. the cain campaign rocked by sexual harassment allegations that is the story over last couple weeks, right? now more than several weeks after those revelations surfaced. herman cain's family is speaking out including his wife gloria. what they have to say, next. >> your mother says your father talks too much.

[laughter] >> all right. >> we're immune to it. that's what it is. motorcycles, boats, even rv's. nobody knows where he got his love for racing. all we know is, it started early.

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jon: the wife of republican presidential candidate herman cain breaking her silence speaking out for the first time about those sexual harassment claims against him. gloria cain telling our own greta van susteren that the allegations do not square with the man she has known more than 40 years. >> to hear such graphic allegations and know that, that would have been something that was totally disrespectful of her as a woman and i know that is not the person he is. he totally respects women. jon: joining us now, a.b. stoddard, associate editor of "the hill" which

covers capitol hill as you might imagine. i guess my question in hearing from gloria cain is, what took so long? >> well, that's an interesting question, jon. as you know herman cain wrote in his book and has told people when asked on the campaign trail where his wife is, that she prefers to stay at home and she offers him a stability and tranquilty at home that would be disrupted if she was traveling with him nonstop on the campaign trail. that is choice they made. i do know when this first broke she decided that she would speak to the press and then she canceled abruptly and rescheduled. i don't know that on balance these assurances from mrs. cain, late as they are, are going to do a lot to help her husband in the polls. jon: let's take another listen to one of the things she said, one of the remarks that she made to greta van susteren about the allegations directed at her husband.

>> i looked at especially this last lady and the things that she said and i'm thinking, he would have to have a split personality to do the things that she said. jon: well, you know, we'll hear more of that interview but it's not exactly a full-throated denial. that is what bugs me about that particular remark. >> it isn't and the problem is that i think only herman cain's most passionate supporters, jon, who are looking to be assured and very upset by these allegations are likely to be swayed by this interview and her comments. people who are persuadable voters as you know, as james is reporting this electorate is so volatile and changing their minds so quickly alternative voters looking for alternative to mitt romney gone from donald trump to michele bachmann to rick perry and some moved on to newt gingrich.

not likely they will look what she is saying. the fact he has been inconsistent in the comments about the allegations and looking at his qualificationsing his performance in the debates, et cetera, i don't think they will look at him and he is a person ready for the nomination and ready to beat barack obama. i think they're likely to take their support elsewhere. it is already moving some towards newt gingrich and some towards mitt romney. jon: he prides himself running an unconventional campaign, most campaigns if this kind of thing were out there they would profit trot out the wife immediately and have her deny the allegations and stand by her man. i suppose this may be part of the unconventional cain enterprise, huh? >> i think you're right. herman cain believes he can do things his own way. it worked for a while. i don't know that it's working now but i would refer back to your analysis. she did not emphatically deny these allegations and he hasn't emphatically denied. in many cases what they said didn't happen, this kind of thing.

he also told us that a perry aide many years ago worked for him and told him everything in his 2004 senate race and he believed he might have leaked this. he admitted at times has remembered these allegations and that later he forgot them. it is inconsistent and not comforting to people trying to get the truth. if you combine his wife's interview and debate performances and other off-the-cuff comments i don't know that it is going to shore up his support at this point. jon: as we saw earlier though, the slipping in the numbers seems to be reflective of all this. a.b. stoddard from "the hill." thank you. >> thank you. jon: you can see the entire interview with gloria cain tonight 10:00 p.m. eastern "on the record" with greta van susteren. jenna: new developments in the search for baby lisa. why police are now looking into a phone call made from the mother's cell phone just hours before she reported her daughter missing. we have that just ahead. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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jenna: some developing stories we're keeping an eye on here in the newsroom and from our control room as well. a russian capsule today carrying three astronauts including one american has made a successful launch to space, returning a fuel crew now to the international space station. the launch had been postponed after a cargo ship crashed in august casting a lot of doubt on the future of this space program but a successful launch today. police in california meantime clear out an occupy oakland campsite outside city hall in that town. at least 12 protesters were taken away. police moved in after issuing several orders at the campsite to be dismantled. friends and family set to pay respects to boxing legend joe frazier at a private funeral after a two-day public viewing in philadelphia. the 67-year-old former heavyweight champion died

last week after a battle with liver cancer. jon: a new warning against the misuse of anti-bottom i cans. the centers for disease control saying in some cases taking too many antibiotics might do more harm than good. patti anne brown following the story from our breaking news desk? >> reporter: that's right, jon. get smart about antibiotics week kicks off today. the cdc urging the nation's doctors not to prescribe the drugs unnecessarily for colds and sore throats. each year millions take anti-bottomtics to for infections. overuse and misuse can cause germs to evolve into drug resistant strains and that might increase the risk of infection with no or limited treatment options. so to curb these problems the centers for disease control is launching a new antibiotic tracking system that allows hospitals to monitor antibiotic use electronically. the idea is to help

hospitals make better decisions about how to improve antibiotic use and compare themselves to other hospitals. before now the cdc was only able to track antibiotic use in doctor's offices. the new hospital tracking system will be implemented in 70 hospitals part of a cdc network that monitors infections. it is all about keeping antibiotics that we do use strong. jon. >> pattien brown at the breaking news desk. thanks. jenna: a shocking news report from a breaking report live for you straight ahead. we talked a little bit about oakland. how about portland, oregon? police are taking a tough new stand against occupy protesters. the very latest from that part of the country just ahead. medicare. it doesn't cover everything.

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the president's health care law. the timing of this is, as ever, important. we're glad you're with us, everybody, i'm jenna lee. jon: i'm jon scott. the white house now says it is pleased with the court's decision to take this up. the court will rule on the law's constitutionality focusing on the mandate that requires you and every other american to buy health insurance as well as possible tax implications. now, a final decision is expected out of the court by june, and that is going to be right as the presidential campaign is really heating up. bret baier is the anchor of "special report" and will be, of course, discussing this big decision by the supreme court, the decision to take it up, on that program tonight. so what are they thinking at the white house right now? is this a good thing or a bad thing for them, bret? >> well, jon, they're putting out the statement, dan pfeiffer, communications director, saying basically they say that this is great to get debated in the supreme court and a final decision.

they believe that it'll go their way. looking at the different court decisions, and as you know, the appellate courts were split in a number of cases, some saying it is constitutional, this mandate, and others saying it's not. and to have a final decision, the white house is saying is a good thing. however, if this decision comes down in june right before you start this big push into the general election, right before the conventions, right before both the president and the republican nominee go head to head, this will make health care -- depending on what the ruling is -- a big issue. and so far there isn't anecdotal evidence that that's a good issue for the white house. if you look at ohio, for example, just this past week a split decision, one the unions and their collective bargaining shooting down the law that john kasich, the republican governor had. that was a win.

but on the flip side, the opposition to the mandate, the president's health care law mandate, was strong in a big swing state. so depending upon the poll you look at, that's debatable. but ohio, people actually voted, and it didn't go that way. jon: the president spent so much time early in this term or working on this health care thing and then dumped it in the congress' lap, and congress wrangled over it, and there was all the arguing and so forth. then it got passed, you know, squeaked by at the very last minute. it would seem that if supreme court shoots all that down, that just looks like a massive amount of time wasted when americans are saying, hey, where are the jobs? >> i think there's a vulnerability there if supreme court makes this law unconstitutional, the mandate part specifically. and the health care law, essentially, unravels. there is the time spent on it, the political capital spent on it, there is some debate whether that will be hammered home if

republican nominee is mitt romney who, obviously, had his own mandate in massachusetts. he's argued that a national mandate is different and that he would repeal the law on day one. yet the effectiveness of making that case against the president if this is ruled unconstitutional in june maybe takes on a different perspective if mitt romney is the nominee, and that's something that the political fallout is really kind of analyzing as you look at the possibilities for this decision. jon: and the argument that many of these states have made and the point that the court has agreed to take up for those of us, you know, for those who aren't really watching this procedure, all that closely, the argument is that under the u.s. constitution you can no more force citizens to buy health insurance than you can force them to pie tofu or something. -- buy tofu or something. >> right. this is the commerce clause, and it's the debate that is at the

center of the main challenge by the 26 attorneys general really started in florida, but other states all across the country have added to this challenge. and it's been going through the court system. and we expected this was going to happen, to be taken up by the supreme court. that is the linchpin of the argument. you know, the came out in an interview and said this is not a tax, this mandate, in forcing people to buy insurance. he said that in an interview, yet the administration attorneys have been arguing that it is a tax and thereby could pass by the commerce be clause stipulations. so it gets weedy at points, but basically that's the premise, is that is it possible for an administration, for a government to say you have to buy this? the judges who sided with the administration say health care falls into a different category, and it should be treated differently, and that's what the

administration is hoping from the supreme court. jon: i cannot wait to hear what your panel thinks of all this. >> me neither. jon: it's going to be a hot topic tonight. bret, thank you, bret's going to wrap up all of today's news from washington on "special report," 6 p.m. eastern time. jenna: meanwhile, a little bit more about health care now. the obama administration today announcing a plan to spend up to one billion dollars to hire and train new health care workers. wendell goler is live at the white house with more on this. so, wendell, we've talked before about executive orders happening bypassing congress. is there any coincidence to the timing of hearing about this executive order today? >> reporter: well, in terms of the supreme court decision, there may be a minor coincidence, but this is really the president's response to republicans refusing to support his jobs bill. the plan is to funnel money to doctors, community groups and others involved in federal health care with the goal of

expanding the health care work force and looking for ways to reduce the costs of health care. ironically, the money will be distributed by an agency created by the health reform law which the supreme court agreed to decide the constitutionality of. and which is one of the things that so angered republicans they, basically, dug in their heels on pretty much all of the president's legislative proposals. the agency will look for ways to deliver health care that rely less on traditional trips to the doctor's office, expand the role of community centers and pharmacy techs. mr. obama's medicare administrator says the money will open the inbox for innovators with ideas on how to do that. jenna? jenna: wendell, why the health care field? why is that the focus today? >> reporter: well, that is bun of the areas -- one of the areas in which employment is expanding in comparison with much of the economy where job growth has been anemic at best and certainly in comparison with public sector employment which has lost jobs over the past couple of years. the health care sector added

300,000 jobs in the past year. the bureau of labor statistics projects another 3.2 million health care jobs will be created by 2018. meanwhile, the country faces a. doctor shortage. 63,000 fewer doctors than needed by 2015, 130,000 short by 2025. over the next seven or eight years, 32 million more americans will have health insurance. the goal to do all of this hiring over the next six months to avoid a repeat of the stimulus program which funded a lot of programs that turned out not to really be shovel ready. jenna? jenna: we'll see if it works. wendell, thank you very much. jon: there's new word that occupy wall street protesters could be getting a taste of their own medicine. small business owners near new york's zucati park are fighting back, they are taking their case to city hall today holding a counterprotest to try to get the occupiers kicked out. they say they have lost more than $400,000 in business.

meantime, on the west coast occupy protesters also meeting serious opposition. defiant activists got back into parks in oakland and portland where they had previously been evicted. they are getting kicked out by police in riot gear. casey steegal live with a look at that from los angeles. >> reporter: yeah, jon, more than 50 people arrested over the weekend in the city of portland, and authorities really had prepared for the worst in that city. in fact, seizing pieces of cement blocks from some of the demonstrators fearing that they would be used as weapons. it was a bit more peaceful than anticipated, but still as you can see thousands of people filling the streets in spite of a midnight deadline on saturday to pack up and leave. city leaders and even some members of the public say while the message of the movement is just fine, the squalor of their camps on public land is not.

>> it's filthy. i mean, really, a futon was a necessity in that, let alone the garbage? i don't even want to know what that is over there. >> destroying our parks, you know, costing the city thousands and thousands of dollars. it's nice to know the city stepped up and actually removed them, you know, without any, you know, major incident. >> reporter: we're watching a similar scene in oakland, california, as officials there issued their fourth cease and desist order this morning. they're now clearing the camp, but some folks are not leaving. in fact, 32 arrests have have bn reported. there has been a growing call to action in that city for the protesters to go home after a man was shot and killed near the encampment last week. cops say a 23-year-old woman was raped on saturday night near the occupy camp in philadelphia just around the corner from city hall. the suspect is in custody, but the mayor there calling for the

movement to end saying, and i'm quoting here, the people of occupy philly have changed, their intentions have changed, and all of this is not good for philadelphia. arrests also reported over the weekend in cities like denver, st. louis and salt lake city, utah, as well, jon. jon: casey steegal live from los angeles, thanks, casey. jenna: a quick check on your money now as we take a look at the dow down slightly lower today, about 65 points. a lot of eyes are turned towards europe still as a new prime minister in italy tries to form a brand new government. his name is mario monty, he's sometimes called supermario in some circles because many are wondering just how super he can be. silvio berlusconi resigned this weekend after italy's parliament passed a package aimed at stabilizing italy's debt and stabilizing europe overall. greg burk is streaming live from

rome with more on that. >> reporter: that's right. people really watching italy closely today as it moves into the post-berlusconi area, and it's all about business as they're watching those numbers and what they're doing. lots of weight on the shoulders of mario monty. he's supposed to be a nonpolitical figure, sort of above the fray, but he's very much in the plett call negotiations -- political negotiations today and tomorrow meeting with all the party leaders, trying to come up with a cabinet that everybody can agree to. that's not always an easy thing to do in italy, and that's only the first hurdle for mario monty. it's going to be an uphill battle all the way. once he does have a government in place, all of italy's problems will now be monty's problems. the government's going to have to tackle that huge debt and also the fact that the country's growth is, essentially, at a standstill. now, for his part silvio berlusconi stepped down over the weekend as prime minister, but he vows to fight on. berlusconi is what many people describe as down but not out.

in a video message on sunday, he said that he loves his country, he wants to see it modernized, and he will carry on the fight. now, he's definitely not the retiring type as we've seen in the past. 75 years old but still a whole lot of energy. and finally, jenna, people seem to give the benefit of the doubt to monty when his name first surfaced. today already it's a how much tougher situation, both the stock markets across europe and also the borrowing rate in italy going up very high. it's looking pretty clear like monty is not going to be as much fun as berlusconi, but perhaps he can get italy's financial house in order. jenna: a little bit of wait and see here from our side on europe, greg. thank you very much. we'll continue to wamp the world markets -- watch the world markets throughout the week this week. jon: iran's rogue nuclear program is sparking new fears in that part of the world, really all around the world. we'll look at the latest international plans to try to

keep the iranians in check. jenna: and here's a story we continue to follow, the search for baby lisa now centering on a mysterious phone call the night she disappeared. why a lawyer for the parents says it proves their innocence. s and some coffee. sure. cake or pie? pie. apple or cherry? cherry. oil or cream? oil or cream? cream. reddi-wip us real dairy crm. nothing's more real than reddi-wip. but think about your heart. 2% has over half the saturated fat of whole milk. want to cut back on fat and not compromisen taste? try smart balance fat free milk. it's what you'd expect from the folks at smart balance.

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jenna: we're expecting the hear from iran's president, mahmoud ahmadinejad, as concerns mount over the country's nuclear program. he may speak later today about demand to cooperate with the u.n.'s nuclear watchdog that issued a report outing iran for continuing to try to develop nuclear weapons. this news also comes as the u.s. is sending weapons to iran's neighbors, some calling this part of a regional containment strategy. just in case. michael singh is a former senior director at the national security council, also currently managing director of the

washington institute for near east policy. so, michael, is containment a realistic policy, a realistic option? >> well, it's one that you hear popping up in government circles but one that i'm afraid is really not realistic. you know, the challenge of a nuclear-armed iran is just a tremendous challenge, and it's not simply sort of containing iran's conventional military or its ability to deploy the nuclear weapons that's the issue. the issue is what about asymmetric warfare and political influence which are the primary means iran uses in the region to try to advance its own hegemony, and what about the reaction of other neighbors who want nuclear weapons of their own? these are things you can't contain using naval vessels and planes and so forth. jenna: what should you do instead? >> well, this is the right debate to have, what are we prepared to do the carry out the's stated policy of preventing iran from getting a nuclear weapon, and i think we're reaching the point given

this very alarming iaea report where we have to be talking about is this worth, say, a military strike, is this worth very difficult sanctions which may have an effect on the price of oil? and that is something, i think, you're hearing from those candidates. i don't think, though, you're hearing much about that from the administration. jenna: i'm glad you brought that up, because we have a sample of what some of the candidates for the republican presidential candidacy said over the weekend. let's play some of that, i'd like your opinion on it after we're done. >> one thing you can know, and that is if we reelect barack obama, iran will have a nuclear weapon. and if you elect mitt romney, they will not have a nuclear weapon. >> if, in the end despite all those things, the dictatorship persists, you have to take whatever steps are necessary to break its capacity to have a nuclear weapon. >> this country can sanction the iranian central bank right now and shut down that country's economy. >> the first thing that i would do is to assist the opposition

movement in iran that's trying to overthrow the regime. our enemies are not the people of iran, it's the regime. jenna: so we have sanctions, we have looking at the central bank, a military option, looking at the people themselves. this also in contrast to the president when he was running for office saying that he would like to diplomatically engage iran. so we're seeing a wide array of different policies that can be put in the place, michael. in your mind what is the best policy right now? >> well, i think what unifies all those candidates on the gop side is this notion that, you know, if regime is concerned most with its own survival and it sees nuclear weapons as key to its survival, you have to convince it that, no, in fact, continuing to pursue nuclear weapons will ultimately bring about its demise. all of them are talking about things which would make the regime worry about its survival, again, a very different approach than the one president obama took as a candidate.

all of the different types of options outline inside the gop debate are ones that would cause the regime to worry whether about an internal issue inside of iran, whether about a cutoff of its oil revenues or whether about a military attack. i think the key is to make the regime think all of those are credible possibilities that we're actively considering and, therefore, it has no choice but to shift its approach or slow down its program. jenna: what about timeline? we have these questions often about iran gaining nuclear power and getting the bomb. we also talk about russia and china involved diplomatically with iran and that being a tough relationship to break up as well. it's highly complicated. so what kind of timeline do you see before instead of just talking about some of this stuff, we actually do it? >> well, look, i mean, the latest iaea report makes clear that iran is on the threshold of this capability, and most experts will say it would really take iran between 6-12 months to

put together all those components of a nuclear weapon once it made the decision to do so. now, i don't know that we'll be able to detect when it makes a decision, hopefully we will, but from that point on where we have perhaps 6-12 months, and that timeline will only get shorter as iran enriches more uranium which it's current cannily doing at this moment. so the timeline is getting shorter and shorter, and so this is a debate we have to have now. frankly, a debate we should have had before now, but we spent an awful lot of time on this engagement process which produced nothing and sanctions which, again, are robust but aren't getting the job done. jenna: the difference between proactive and reactive comes to play. michael, thanks again for joining us. >> thank you, jenna. jon: there are new questions about the decision to release former penn state coach jerry sandusky on a relatively low bail. the judge who released him on much lower bail than prosecutors wanted has close ties to sandusky's charity for children. plus, police expand their

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jenna: taking a look now at some of the stories topping headlines this hour. the judge who set bail for the former penn state assistant coach volunteered with jerry sandusky's children's charity called the second mile. her name is judge leslie dudgecardiology, she denied prosecutors' requests for sandusky to wear a leg monitor. instead, she released him on $100,000 bail without that device. the man who confessed to killing 77 people in norway is

staying in jail. a judge cutting off ander breivik's attempts to deliver a rambling speech and extended his custody by 12 weeks. his trial now to start as early as april, but he'll stay behind bars. and a picture-perfect liftoff for a soyuz spacecraft. different names, they do the same job. this after two months of delays, they're heading to the international space station. jon: well, the search for a missing toddler this washington state is now in its second week, this after an expanded police search of the area turned up no new clues in the disappearance of 2-year-old sky metalwala. dan springer live in bellevue, washington, with more on this very strange case. dan? >> reporter: yeah and, jon, there were actually two large-scale searches over the weekend, one on saturday involved 140 police officers. they spent the entire day, these guys from multiple agencies, by

the way, spent the entire day going through a large park near the mother's apartment, they combed through woods, they also went through a lake that's within that park and turned up nothing. then yesterday exactly one week after sky metalwala disappeared, police canvassed the neighborhood where the boy's mother said she ran out of gas and left sky sleep anything the car while she walked a mile to get gas at a gas station. they knocked on doors and questioned most motorists, but again they came up empty. meantime, sky's father solomon metalwala passed out flyers over the weekend. he maintains he hasn't seen either of his children since last december because of a nasty divorce in which both participants have alleged abuse -- parents have alleged abuse. investigators are trying to vain to get julia biryukova in for an interview. her attorney says she is too

devastated and traumatize today speak with police. investigators have hinted they could be very close to changing this there a missing persons case to a criminal case. now, with stranger abduction and a walkaway very unlikely, there is hope that maybe sky has been taken away from the area by a friend of the mother's and just being kept from the dad in this nasty custody dispute, but that's really the hope. the other alternative, of course, would be that something bad happened to sky. jon? jon: yeah. those other alternatives are not pleasant to think about. dan springer, thanks. jenna: well, the u.s. supreme court jumping into a legal battle that could have a big impact on the 2012 election and really just the state of this nation when it comes to health care. a live report on the high court's decision to rule on president obama's health care law. plus, a stunning new study out on the risk of diabetes and the threat to adults all around the world. dr. manny's going to join us next. eggland's best eggs.

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jon: well, the clock is ticking for that so-called congressional supercommittee, and the week before a deadline to trim $1.2 trillion from our federal deficit. there's already talk about whether that deadline might be extended. fox business network's senior washington correspondent peter

barnes live in washington. so, peter, are they going to make it? will there be a deal? >> reporter: well, jon, we've got conflicting comments and reports on all this today. the only thing we can report with 100% certainty, the supercommittee negotiations are fluid, and they are precarious. one possible escape hatch appears to be emerging, however, that the committee would agree to overall tax and spending amounts of $1.2 trillion and then punt their decisions, their provisions to the responsible congressional committees to implement them. the co-chairmen of the supercommittee confirmed this idea for medicare yesterday. >> we have gone to the democrats and say, okay, if you don't like our plan, at least put plan on the table. and if you don't, here's a bipartisan plan we would be willing to negotiate around. details would have to be worked out, indeed, you are correct, it would have to be through a two-step process. >> reporter: now, republicans have proposed about $300 billion

in new tax revenues as part of tax reform in all these negotiations. they would limit deductions and other tax breaks that primarily help higher income households, and in exchange, jon, they at least want the bush tax cuts made permanent. jon: and what's this we're hearing that the actual deadline for the supercommittee might actually be earlier than we thought? >> reporter: yeah, this is a technical issue. according to the debt ceiling legislation that established the supercommittee, the committee is not allowed to vote on anything unless the congressional budget office delivers the impact on the deficit 48 hours beforehand. that's next monday at midnight. but i talked to one budget expert just this morning about this, and she says the committee will probably do whatever it wants and take this right down to the wire, midnight next wednesday, that seems to be the pattern down here. jon: what a way to run a country. all right, peter barnes. >> reporter: okay, jon. jenna: this fox news alert,

brand new reaction on the supreme court's decision to review the president's health care law. shannon bream is live at the supreme court where all the action went down today. shannon? >> reporter: well, and, jenna, we think that the court may have made modern history in the way they're tackling this health care issue. they're going to hear four different issues over a period of five-and-a-half hours' worth of arguments. normally, you get one hour to argue it. it is going to be a blockbuster. that's coming up in the spring. this whole issue emanates, this particular group of issues, from that lawsuit headed up out of florida but including 26 different states challenging the individual mandate. texas is one of those states. i've spoke with their attorney general, greg abbott, he sounds very confident about whether or not this court is going to find that the mandate which would make every american have insurance or pay a penalty is unconstitutional. >> never before has the commerce clause been stretched so far as to force americans to purchase a product. we believe the supreme court will not expand the commerce clause to include that mandate

on americans and infringe upon their liberties. >> reporter: but that is just one of the issues the court will take up. they're also going to look at severability meaning if the mandate is struck down, can the rest of the law survive on its own and actually go into effect? supporters of the law including the constitutional accountability center acknowledge it is a critical issue. >> the severability issue is important because it will decide whether or not the rest of the act which many americans support including the ban on insurance companies discriminating based on pre-existing conditions, allowing expanded access to medicaid for individuals who have low incomes, whether those provisions can stand or not. >> reporter: the white house is sounding confident today saying in part, quote, we know the affordable care act is constitutional and are confident the supreme court will agree. well, that will play out next spring. we think the case will be heard this march, it'll be decided by the end of the term unless there

is some rare exception. that comes late june, early july, of course, putting this decision right in the middle of a heated battle for the white house. jenna: fascinating. history happening now. shannon bream, thank you very much. jon: talk more about a specific aspect of health care, this is world diabetes day. a shocking new study predicts one in ten adults could have diabetes by the year 2030. that would more than double the number of case over the next two decades. bring in dr. manny alvarez, senior managing editor for foxnewshealth.com, also, obviously, a member of our medical a-team. let's talk about this health care thing. the supreme court's going to take it up. i know you're not a big fan. >> i'm not. jon: the present system has its problems, but you don't like the individual mandate. >> i don't like it, and i think if they do look at the mandate everybody has to have insurance, i think this is going to derail the whole process. look, if you look at medical

centers today, everybody is in circular pathways waiting to see what happens because hospitals, doctors, they don't know what to do. they don't know how to invest in the infrastructures they need to invest, and we don't have -- we don't have the system to bring in another 30, 40, 50 million people into the health care network. so i think that this is going to be broken apart. i hope it does. and then you can pick up all the different mandates whether you're talking about medicare reform, whether you're talking about pre-existing conditions, do that separately as individual aspects, but don't have this gigantic thing that it's not going to work, and it's going to really destroy the private enterprise of medicine. it's going to create a socialized health care system. jon: well, and this diabetes study is interesting. it's a worldwide projection not just for this country, but if all of a sudden we've got, you know, national health insurance and supposedly the government is going to take care of your policy, what's my motivation to try to stay healthy? try to stay out of the hospital?

>> that's a very good point. if you look at diabetes, they're predicting that over 500 million people by 2030 will have diabetes. i will say that number's already happening. this is just a statistical analysis. near the u.s. we've got millions and millions of people with type ii diabetes. this is mostly a manmade disease. this is a disease of developing nations that happens because we eat the wrong foods, we don't exercise, we have a lot of stress, and ultimately, you know, we end up spending billions of dollars in medication just really keeping ourselves alive, but not eradicating the problem. if you have all of this issues, a health care law like the obamacare is not going to help bring to fruition the end of type ii diabetes. it's going to be lifestyle changes, it's going to be nutritional counseling, more exercise. people have to get off their butts and start walking more. all of these things are going to make a difference. and when they talk about 2030 having half a billion people, you look at developing nations,

number one and type ii diabetes. developing nations that are on the high end like china and india, absolutely around the corner. and, ultimately, the whole planet is going to get affected and, again, we're going to have a lot of infrastructure of people trying to get help where the resources are not there, and these are the kinds of health problems that can be addressed in a different way. jon: and there are some, you know, awful complications -- >> oh, absolutely. jon: -- that can arise from diabetes, and as you said, it's almost a voluntary illness. >> there are folks that have type ii diabetes, and they lose weight, they do the right thing, and the type ii diabetes goes out the window. you don't need medication, you know? and everyone has to kind of follow that path. and ultimately, self-responsibility becomes important. jon i read there were something like 90,000 amputations in this country last year because of -- >> you get cardiovascular disease which is the number one killer, both for men and women. it just keeps building up.

you have heart decide, what do you need? you need a stent. you have to spend money. you have amputations, medications. there are thousands of medications that are being utilized for diabetes that cost a lot of money. it's a non-endless, vicious cycle. if you look back 100 years, we didn't have diabetes. people ate less, exercised more, less soft drinks. it's a thing that has really created an addiction in the way that we conduct ourselves, and that is destroying the core fabric when you look at the overall health system in the world and in the u.s., and we have to step up in a different direction not by really creating bureaucratic pathways in order to fix the health care problem. jon: but people think, oh, i get diabetes, i can just take a little i said lib, not that -- insulin, not that big a deal. [laughter] >> if that was the case might as well drink excessively, don't worry about your cholesterol, your weight. you know, there are individuals that live their lives that way,

they have no self-responsibility. but as a society, you know, these are things that we can actually fix by doing the right things and not really get, you know, enamor with the a pill. here in the u.s. we want to just take a pill for everything. stop it! don't take the pill for everything. if you look at yourself the way you conduct yourself, you can eradicate a lot of problems. jon: get out there and exercise. >> well, yeah,ou know, let's all exercise. a glass of wine once in a while doesn't kill anybody. you know, i have to plug that in. jon: all right. dr. manny, always good advice. jenna: he always gets that in at the end. just a little red wine. >> absolutely. jenna: drink excess ily, don't worry about your cholesterol. no, the opposite. [laughter] thank yous very much. a shocking theft at the grave of one of our greatest presidents, we have the details next. [ child ] it's so cool!

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call this toll-free number on your screen now... for this free information kit, including this... medicare guide and customized rate quote. megyn: hey, everyone, i'm megyn kelly. president obama once again criticizing americans calling us lazy, this just weeks after he called us soft, unambitious and unimaginative. what's this about? is we debate. plus, just days after the administration punts on a key decision about a controversial oil pipeline that could bring thousands of jobs to the u.s., the canadian prime minister accuses mr. obama of playing politics here. is that fair? and the gop field squaring off on foreign policy this weekend with one common target: barack obama. larry sabato breaks all of that down for us. all of that plus frank luntz with a focus group on why washington is failing us and mark fuhrman on the baby lisa case and the latest at 1:45. see you in 14 minutes.

jenna: police are investigating a stunning theft at abraham lincoln's tomb, of all places. this incident, a repeat of something that happened more than a century ago, and patti ann has more details on this. >> reporter: well, abraham lincoln is bury inside that tomb in springfield, illinois, along with his wife and three of their sons. the monument includes four bronze sculptures of officers, one for each of the civil war services. and last week an employee noticed that a sword was missing from the statue of the artillery officer. investigators believe it was cut from the statue sometime between september and early this month. the statue was on the tomb's balcony which is close today visitor, and workers would have likely spotted a theft during the day, but no one guards the tomb at night. that's according to the illinois historic preservation agency. this is the first theft at the site in more than 100 years and, jenna, ironically, as you mentioned the last theft was of the sword from the same statue. back then it was bronze, its replacement was copper.

officials say the missing copper sword will be replaced, the rest of the statue was unharmed. jenna? jenna: that's so interesting. patti ann, thank you very much for that. you would think they would guard the tomb overnight, right? is. jon: you would think so. jenna: he's a pretty important president. jon: no honor among thieves, that's where that expression came from. jenna: they must have had to cut through it, right? jon: i guess. bronze is soft, a hacksaw would do it. jenna: we'll get on that mystery. jon: hey, if you are searching for buried treasure, you might want to start with unclaimed storage units. take a look at these coins. real-life pirates' gold, you might say. could have been, tell you where it turned up up.

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jon: when you think of uncovering lost treasure, you probably think about chests long buried on tropical islands. but for one lucky buyer in california, finding this pirates' gold was a whole lot easier. an auction of unclaimed storage units led to half a million dollars worth of legendary loot, and it looks like there is some serious history this these coins. in these coins. stars of a. and e.'s storage wars, they are also owners of america's auction nears. it is your company that auctions off unclaimed storage unis, right? >> exactly, yes. jon: and that's what you had here, you've got your garden variety storage unit in northern california, somebody hasn't paid the bill, by law you're allowed

to auction off the contents. >> that's absolutely correct. we do it every day. jon: and what did this lucky buyer pay? >> this lucky buyer bought two units, one for $600 and one for $1100. they belong to the same folks. i understand that the folks that owned it, the person had died, and so this lucky buyer shows up at one of our sales, and he pays $600 for one unit, $1100 for the other unit, and he gets himself a great big blue rubbermaid tote -- >> a treasure hunt. gold da balloons and pieces of eight. i mean, can you imagine that? jon: i heard it took three people to carry it out of there, it had so much silver and gold in it. >> and that's the truth, absolutely. the facility even can vouch for that. they said what in the world is going on here? it took three people to move that tote to the back end of your pickup, and then the story unfolds. jon: i was kind of hoping for a pirates' treasure chest. a rubbermaid blue tote doesn't

sound quite -- >> you know, we had another story that had happened about six months ago, and there was actually a -- there was a pirates' type chest in there that was a movie prop, and it actually had 1200 $20 bills with the faces cut out of every one of them. and i think that when the story broke, i think those two stories got crossed. >> they were really close together, but this one was in a 200-year-old booty inside of a modern-day trunk, a plastic rubbermaid tote. so, you know -- jon: yeah, these were pieces of eight. i don't know that this is pirate gold, but the pirates did carry that stuff around. those are spanish coins, right? >> yes, they did. you know, between the 16th and the 129th century this was used through world trade and the mariners, and they called it the pirate booty, i think, because a lot of it was found in all the different ports around the world and with sunken treasure. it's very interesting about how the pieces of eight workings. that is, i think, now how we have coins. >> pieces of eight were the

original silver-type dollars, and they were cut into eight sections. and that's why two bits are a quarter of a dollar, and i guess -- >> 16 pieces of eight to equal one gold dabloon. jenna: curious that the pirates had the rubbermaid tupperware -- [laughter] probably not the original. >> yeah, i think that would be modern-day pirates with the booty trunk. [laughter] jon: bring this back to where it all started. some lucky buyer, there's the tub. some lucky buyer paid a thousand bucks for the contents of this storage locker and winds up with half a million dollars of gold and silver historic copies. >> you know, it's not the first time this kind of stuff happens. i mean, there's a lot of units out there that sell that folks maybe just make a little bit of money on or they lose money on, but as far as life-changing stories, there's been two or three of them just in the year,

and over the last five or seven years, there's been a lot of stories. >> absolutely. you know, and usually you don't hear about these big treasure finds because people don't want to let the cat out of the bag. and i think, you know, because danny and i being on "storage wars," absolutely this buyer was so happy to tell us, i found the treasure, it didn't make the show, but it does happen. and he was a new by, so i think all of our longtime buyers are pretty upset they didn't bid against him. >> a few months ago the superman comic came out of a storage unit. jon: dan and laura, we've got to say good-bye. it wasn't my storage locker, i guess that's the good news here. [laughter] dan and laura, thank you very much. >> pay your represent. >> yeah, pay the lady. >> pay your bill, and don't forget. we have a new episode coming out tomorrow night so, hopefully, you guys can get your treasure fill tomorrow night, 10/9 central on a&e.

jenna: good plug. watch "storage wars," and we'll be right back.male [laughter] 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. new v8 v-fusion smoothie. i've tried it. but nothing helped me beat my back pain. then i tried salonpas. it's powerl relief that works at the site of pain and lasts up to 12 hours. salonpas.