>> median net worth of congress is 890,000. median is half are worth more and half are worth less. how many think they're all worthless? bill: that is easy, right that. is low-hanging fruit. matte that is lay up. 9% congressional approval rating? thanks everybody. see you tomorrow. jenna: we start off with breaking news in the solyndra scandal. we're glad you're with us. i'm jenna lee. jon: i'm jon scott. here in the fox newsroom "happening now", fireworks on capitol hill. members of congress grilling energy secretary steven chu on the decision to lend half a billion dollars to the solar panel. specifically asking why he overwrote objections to solyndra's finance as. finances so shaky, two years after that taxpayer-funded loan guarantee the solar company filed for bankruptcy and laid off more than 1,000 workers. jenna: you're looking live

at the hearing. chu is mounting a vigorous defense in all the claims. james rosen is live with more on this. the james? >> reporter: good morning. secretary chu testified this morning the final decisions on solyndra were his and those decisions were not made on the basis of politics but on the best interests of the taxpayers. otherwise secretary chu, a nobel prize-winning physicist, was unapologetic about his decision to approve a $535 million loan guarantee for solyndra, the now bankrupt california-based solar panel manufacturer. he testified, chu did, he knows of no instances when anyone at the white house ever contacted anybody at the department of energy about the approval or restructuring of solyndra loan guarantee. fbi agent raided company offices and executive homes in september of this year. approximately 16 months after president obama personally toured solyndra headquarters. chu maintained that the obama administration was right to invest in green energy companies, arguing that china is already far

ahead of the united states in this realm. republicans on the house energy and commerce committee however cited e-mails from officials at doe and the white house office of management and budget raising red flags about solyndra's financial stability. red flags that gop lawmakers said secretary chu ignored. chu testified today, and i quote, my decision to guarantee a loan to solyndra was based on analysis of experienced professionsals on information they had available to them at the time. solyndra transaction went through two years of rigorous, technical, financial and legal due diligence. the chairman of this subcommittee, representative cliff stearns, republican of florida, said we since uncovered serious disagreement within the obama administration not only legality of this arrangement whether it was good deal for anyone involved but the rich hedge fund investors. the white house is fighting back we note, circulating documents that committee chairman fred upton, republican sought doe assistance on behalf of a solar company in his home

state of michigan, like solyndra recently announced it is halting operations. upton says he was only representing constituents in asking doe to take a look at the company whether it was a sound investment or not. back to you guys. jenna: lots of different sides, james. as you were giving us the report we got this headline crossing from the hearing. energy secretary chu telling house lawmakers, quote, i'm not anticipating very much recovery of taxpayer money from the solyndra bankruptcy. so a lot still to follow here. james, thank you very much for that. we'll come back to you as news warrants and continue to watch the hearing for some of those breaking headlines. record record --. >> reporter: thank you. jon: only half a billion dollars. that's what we're talking about. on that score the house is expected to debate a balance the budget amendment to the constitution. all eyes are on the super-committee and whether that group is closer to a deal that would reduce our debt above $15 trillion and counting. the deadline for the committee less than a week

away. meantime a tea party group is coming up with its own plan caming it -- claiming it would balance our nation's budget in four years. chief correspondent mike emanuel on capitol hill. some details, mike, is where the devil lives. what is the tea party plan? >> reporter: good morning. let's take a few key bullet points from that plan t would cut, cap and balance federal spending t would reduce spending by $9.7 trillion over the next 10 years as opposed to the president's plan to increase spending $2.3 doctor. it would ink have the federal government from the 24% of gdp to 16%. they would like to repeal the president's health care law. they would close agencies. super-committee is struggling to find common ground to come up with 1.2 trillion in cuts this certainly politically would be a heavy lift. tea party folks will roll out their plan later today,

jon. jon: they're getting pressure from all sides, the left and the right as they get ready to announce something we hope. >> reporter: well they are. the left is hitting democrats who are even thinking about touching medicare. moveon.org is running ads going after democrats if they even think about up toing that entitlement. from the right you have got the tea party saying 1.2 trillion? let's try 9.7 trillion. the mood here on capitol hill is getting very, very pessimistic. here's the democratic co-chair's view. >> i'm still hopeful that the republicans will see their way to bringing to us a real revenue package and that is what all of us are looking for in terms of fair and balanced. >> reporter: translation of fair and balanced in this regard is essentially the democrats are saying we want the republicans to offer up more new tax revenue. republicans say, no deal. they say if we were to offer up a bunch of new tax revenue it would never pass the house of representatives.

so there you are with this dilemma, jon. jon: and the clock is still ticking on that deadline. mike emanuel, thank you. we'll talk with a tea party representative getting to finer points of that 9 trillion deficit reduction plan. jenna: 9 trillion? we'll see if they can do it. new developments in the penn state child sex abuse case. according to his attorney one alleged victim is ready to testify in the sexual assault case against jerry sandusky. we're getting new reports that the assistant coach told a grand jury that he saw sandusky assaulting a child in the team showers never went to the campus police. that e-mail between the coach mack query and unknown -- mcqueary and unknown source. david lee miller is live in university park pennsylvania with the latest on all this. david lee? >> reporter: jenna, a great deal of fallout from the

e-mail reportedly sent from assistant coach mcqueary to a friend of his made public by the associated press. in that e-mail, we heard it before but it is worth repeating now, he wrote, i did have discussions with police and with the official at the university in charge of police. in the aftermath of that e-mail university police say they have no record whatsoever of any police report filed by mike mcqueary. local state college police also say the same thing. and if you look at the text of that e-mail he does say he can'ted the police and the official in charge of the police at the university. that official is gary schultz. he was an administrator at the school, the vice president of finance and business. in that capacity he oversaw the police. he is now charged with perjury. why is he charged with perjury? well, if you look at the grand jury statement, the grand jury says that when gary schultz testified he said that mcqueary's allegations were not that

serious and there was no indication that a crime had occurred. apparently that conflicts with what mcqueary testified to when he described the sex act taking place. lastly and very quickly, the next time, jerry sandusky accused pedophile will appear in a courtroom it is before a new judge. we're told the new judge has no ties whatever to penn state and no ties tied to jerry sandusky. the judge came under fire because of those connections. jenna. jenna: so many storylines to follow, david lee. thank you very much for the breakdown. we appreciate it. something we'll work throughout the show today. geraldo rivera and former prosecutor freed tee chee are here to work through the timeline. what happened when. who knew what when. who said something, we'll break it down for you coming up. jon: a fox news alert right now. suburban chicago town of bedford park, illinois on edge. there has been a shooting

reported at a fedex facility there. no word whether anyone was up injured. a call put into bed pardon -- bedford park police by the associated press. a quick statement there was a gunman before that dispatcher hung up. the city's mayor is referring calls to police. we are on top of it. we'll try to get you more information about what is going on at this fedex facility, bedford park, illinois, a suburb of chicago, just as soon as we can. in the meantime deadly weather tearing through the southeast. at least six people killed, dozens hurt. suspected tornados touching down in louisiana, mississippi, alabama and south carolina. in north carolina severe storms damaging homes and buildings. trees and power lines crashing down leaving thousands in the dark. an alabama woman on her back porch watched the twister touch down nearby. she said after it passed everything was gone, even the cows in the field. jenna: the national weather service now confirming two

tornados touched down in jones county, mississippi. the twisters causing massive damage. five homes completely destroyed. 30 were damaged. a dozen people were hurt including a 3-month-old baby. salvation army mobilizing a disaster help team to help feed people. we have video from some of our best sources. jon: our viewers do a great job of adding to the news stories that we cover. if you have any pictures of the weather damage in your neighborhood. log on to foxnews.com/ureport. send us the images. we'll put some on the air a little later in the hour. jenna: we always appreciate it. jon: meantime president obama is on a major overseas trip but will some of his biggest foreign policy accomplishments like the killing of bin laden help his re-election prospects? let's ask the man with the crystal ball. larry sabato. he is here with the answer. >> where can we get a crystal ball like that? larry has one that really

works. his name is around and around and around whether or not he will be the republican vice-presidential pick. senator marco rubio wants to talk jobs. he has a plan to get americans back to work. he is working with the other side of the aisle. he will break it down and give us the latest on the super committee from d.c.. we'll be back with more. [ male announcer ] are you considering a new medicare plan?

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with some plans, you can enroll right over the phone. don't wait. call now. jenna: we're getting word of breaking news in downtown manhattan. we find our own rick leventhal who is there at the "occupy wall street". rick? >> reporter: protesters are calling this a day of action. there has been plenty of it so far. zuccotti park which was empty this morning has filled up with hundreds of demonstrators who, in some cases were grabbing these metal barricades. they ripped a couple of them off and holding a couple over their heads. just a moment ago they grabbed this whole string of barricades and dragged them out in the middle of the park. police in riot gear are

here. brought the barricades back and keeping eye on thins right now. there have been dozens of arrests already this morning down here near wall street. they put the barricades up around the corner of wall and broad. they were not letting demonstrators get close to the new york stock exchange. people were going out in the street, linking arms, making circles on the ground. going up to banks to block entrances, many in cases according to police interfering with people trying to get to work. they started arresting them. putting flexcuffs on them and putting them in vans and carting them away. they're not going to arrest all these people and not going to try. in this case mostly peaceful protests. they are in some cases grabbing barricades and holding over their heads and surging in different areas. this is beginning after day of protests. they expect to converge on 16 subway stop this is afternoon. and then at 5:00 p.m., at foley square, which is down by the courthouse and city hall in lower manhattan where they say they will be

possibly, tens of thousands of demonstrators although there is no way of knowing that. again right now, we have00s in zuccotti park. perhaps 1500 to 2,000 demonstrators in all in lower manhattan. there have been dozens of arrests already. >> rick, we're also getting a helicopter shot of the scene from above. we can see one area in particular of the park where it appears that the police are gathering and really confronting protesters. what seems to be the mood down there, fast as far as what these protesters want to achieve today? >> what they're trying to do is disrupt the lives of new yorkers to make their point. and the police are taking this very seriously. there are, well over 1,000 police officers, many of them in riot gear. the situation, i would say the mood is tense. there have been as i said, many confrontations. dozens of arrests. a lot of pushing and shoving and tension between people going to work and protesters

as well. one woman yelled at them saying are you going to feed my kids when they asked here to join her demonstration. jenna: rick, thank you very much. we just saw one of the barricades get tossed over, handed over, pardon me across the lines between police and proterse. one of the reasons we're paying attention to this is it where the "occupy wall street" all began. more than 300 nationwide. we'll watch the situation, one situation developing in our country today in downtown manhattan. jon: well the strong suit for president obama just might be his accomplishments in foreign policy from killing osama bin laden to withdrawing troops from iraq. he has been praised for some of them, criticized for others but given the economy what impact will they have on his re-election chances in 2012? let's talk about it with

larry sabato, the director of university of virginia's center for politics. you've been looking into the crystal ball. you say that the president, despite his accomplishments and you say they are many, is not likely to see. of a bump from those accomplishments in 2012? >> that's right, jon. i will answer in the form of a question like i were on "jeopardy". how much credit, how much, how many votes did george h.w. bush get for his liberation of kuwait by the time his re-election on due, november of 1992? and the answer is next to none. the truth is, americans are delighted when we win a war or when we capture or kill a terrorist but they don't vote on that, especially when there is a terrible economy. they focus on jobs. they focus on the economy and that will be the case a year from now. jon: i remember when george h.w. bush, had, 90, 93% approval ratings in the immediate aftermath of the gulf war.

scarcely a year later turned out by a former arkansas governor, on the slogan at least inside the campaign, it is the policy economy, stupid. >> bill clinton had no foreign policy experience when he ran against george h.w. bush. it didn't matter. you can't bank the big public approval ratings when you do something good in foreign policy. if something happens in october, remember we always talk about october surprises. in less than a year we'll be talking about them again. if something big happens on the foreign scene in october of 2012, then it might have an effect on the election. but the things that have already happened, that most americans would call, good things, like the killing of osama bin laden, that is just not going to have an impact. jon: we have heard some criticism from senators like john mccain and lindsey graham of the president's pullout plans from iraq, essentially saying it is precipitous but by and large republicans have not made

that a centerpiece of any criticisms of the president. is it because they feel that ultimately whether people like it or don't like it will not matter when they vote? >> no, i think it is because of the polls. the politicians read the polls. look, senator mccain and senator graham make some very good points. just because you're making some good arguments doesn't mean the people are with you. most of the polls i've seen about iraq more than 60% of the americans agree with the president's decision and much more importantly, if you look at the swing independents, they overwhelmingly approve of the withdrawal from iraq. so that is not a case you want to make during an election campaign. jon: all right, larry sabato, from the university of virginia. good to have you on. thanks, larry. >> thanks, jon. jenna: talking national security being a part of 2012 election as well. world leaders are trying to decide what to do about iran's nuclear program. the u.s. military is announcing its most powerful bunker of-busting bomb ever.

is this coincidence here. former ambassador john bolton will connect the dots as he sees them just ahead. new developments in the penn state sex abuse scandal. one attorney says his client is ready right now to testify against jerry sandusky. what does this mean for the case? geraldo is up next.

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jenna: breaking news in the growing sex abuse scandal at penn state "the new york times" is reporting a critical break in the investigation of assistant coach jerry sandusky came in the form of an online chat. the pennsylvania attorney general's office was already

investigating allegations that sandusky was a serial molester when they stumbled on a posting saying the penn state assistant coach saw something ugly but kept it quiet. that was a very important tippoff. that led to mike mcqueary, the man you're seeing on your screen now. it opened up the possibility of a huge cover-up at penn state or otherwise. really don't know how big this is. geraldo rivera is the host of "geraldo at large". fred tecce, a former federal prosecutor joins us. let's start with the tip that came online. mcqueary, it seems i would like your opinion on this. is crucial to this case. besides the victims and one janitor who witnessed something who now has dementia, he is the only one that has seen apparently sandusky in the act. how important is he to the case? >> he is central to the case because everyone else is a victim and many of the victims obviously it is a years ago so their credibility could be impeached. people saying memories have i am did over the years one thing or another.

so mcqueary was a crucial third party eyewitness to the dirty deeds. so he is a critical witness and it turns out how they came upon mcqueary was this chat. i don't know exactly what was said. i haven't seen the text of the message yet myself but it led the pennsylvania authorities from the attorney general's office to then call him in for questioning and apparently as soon as they got him, he started gushing everything he knew. remember this is 2010, eight years after the fact. so apparently this young man has kept this, this evil bottled up inside him what he had seen in that shower. but what i think, jenna, if i may i think what emerges here is kind of 10-year indictment of the officials at penn state university and the local prosecutors. they did as little as they possibly could to investigate this, these disturbing allegations against a man who was in a

position to continue serial molesting child after child after child. jenna: let's stop there. fred, you say something is very unique to the state of pennsylvania as far as how they would go about an investigation like this, how they would use a grand jury. explain that to our viewers. >> sure, jenna. pennsylvania and connecticut are actually only two states in america other than the district of columbia where you do not indict by the grand jury. every other state in america the grand jury investigates and issues an indictment which is a charge. in pennsylvania it doesn't work that way. pennsylvania has what they are called investigative grand juries. here the ag formed a grand jury to do this they did so because they wanted to do a couple things. first of all they wanted to get mcqueary's testimony locked in under oath. they wanted victims in under oath. once they charge, the ag still charged sandusky. once they charge in pennsylvania this report everyone has read from the grand jury has to become public. it is called a presentment. that's what you're seeing

played out now. jenna: it gives them the opportunity to subpoena victims and victims say actually i don't want to testify anymore? >> absolutely. what it does a lot of times gives victims cover. when law enforcement goes and talks to one victim you will get what we've seen reports of. they don't want to testify. they will be embarrassed. they're testifying against a guy who is revered at state college. they will be humiliated and no good will come from it. but when they can go to people, look, there are four other people like you, five, six, seven, eight, willing to testify in the grand jury about this and their testimony is consistent with yours, it gives them cover and it helps the investigation and ultimately the prosecution. there is a -- geraldo hit the nail on the ahead. i'm sorry. jenna: just a second fred i would like to bring geraldo back in. based on the time line we've seen and you bring in this "new york times" report today, the investigation, this investigation started in 2008. and "the new york times" says that going into even this year sandusky was still

around children. wasn't under heavy surveillance. and that boggles the mind from someone outside looking in. >> boggles the mind is good way to say it. another way to say it a putrid fog of shame lie over central pennsylvania and this campus and district attorneys in both those counties because what they did not do, jenna. remember, in 2008 they get the first victim. now authorities realize they have a serial molester. jenna: allegedly. allegedly. >> serial child molester. what do they do, they assign one single penn state trooper to this investigation. no wonder it took a break like the text message to get things rolling. they should have had a task force engaged in from 2008 on. wasn't until 2010 they finally got the ag's investigation up and going and it was only then, jenna, they discovered the 1998 investigation in which sandusky is am bushed by a

cop or rather he is sandusky is now confesses to being with a child. jenna: right. >> they set up a sting. the cops in the back room. the mother, child and sandusky are in the house. sandusky says to the mother, the cop overhears this in 1998, i understand i was wrong. i wish i could get forgiveness. i know i won't get it from you. i wish i were dead. sandusky says that in 1998. for 10 years he is allowed to scoop up these children. jenna: hold on, fred. a final thought from you, based on what geraldo said. this incident happened in 1998. it is basically shelved. when the police revisit in 2010 they find 100 pages in the university's campus police station referring to this case. >> correct. >> appalling. jenna: quickly, fred, the way that the investigators have handle this thus far will it damage the face moving forward. >> good question. >> it won't damage the case. throwing rocks at them does

nothing other than deflect attention from every adult at penn state university put their self-interest against the victims and hid this from the public for a decade and a half. these cases are tough to prosecute. when they got the break with mcqueary they went with it. hindsight is 20/20 as far as these guys are concerned. jenna: fred, thank you very much. geraldo much more on the case. >> much more. jenna: every single day there is something new. jon, it is a story we'll continue follow closely the next time we're in court for sandusky december 7th, jon. jon: it will be a monumental case and will go on for years, that's for sure. meantime. holiday travel season is coming up. aaa is out with the forecast for the thanksgiving day weekend. how much will it cost to get you to where you want to got? go

jon: the acquisitions room at most powerful name in news. we bring in satellite feeds from all over the country and all around the world. look what is going on in zuccotti park, new york. it is on remote 253. more than 50 people were arrested. they cleared that park out, or so we thought but the demonstrators are back today, and yes, they're causing trouble. causing trouble in l.a. as well. remote 277. there's a look at the protesters linking arms and trying to take on the l.a. police department. we'll update you on that situation. back here in new york.

hey, folks, want to go about their business on remote 291. there is a shot of 6th avenue outside our fox news headquarters. people getting ready to head for home on the holiday week ahead. what is it going to cost you? peter doocy has been talking to the good people at aaa. he is on remote 266 in washington, d.c.'s union station. peter? >> reporter: jon, a lot of people because of the economy have foregone holiday travel all together in the last three years. because of that, aaa says all those people have a pent-up desire to go see friend and family this thanksgiving. so their outlook for the travel period that begins six days from today is bright. >> well, there does seem to be uncertainty and pessimism on behalf of the consumer with regards to the overall economy, 60% of intended travelers reported that the copy will not impact their travel during this holiday season. holiday travelers are

choosing family over frugality. >> reporter: family over frugality is the headline out of that press conference that just wrapped. memorial day travel was flat. independence day and labor day were actually both down. this is the first big increase of any holiday this year. this is how it breaks down compared to last year. there will be 42 1/2 million total americans traveling more than 50 miles from home. that is up 4% from 2010. 38.2 million of those will be driving. that is up almost 5%. that will be 90%, the big bulk of all holiday travelers here. even though gas costs a little more, 50 cents a gallon than last year. 3.4 million people will take planes that is up 1.8%. in case you're going to fly the average round-trip rate is $212 for the top 40 us air routes. rest of the travelers will take buses or train or watercraft if you believe that. that is up 14.7% from last year. it is interesting, jon, that people will be traveling closer to home.

they're not going as far. but they will spend a little bit more. the median spending for each family this thanksgiving weekend will be $554. a lot of gravy. back to you. jon: 554, not 555. 55? >> reporter: no, sir. take it up with aaa. jon: peter doocy. you can buy a lot of turkey with 500 bucks. jenna: at this time next week we'll be nearing point we'll all eat something good. isn't that nice about thanksgiving? your only job is to eat. jon: i love that. jenna: real quick, we're talking about gas prices. coming up next hour something significant happened in the business world just yesterday that has really changed or could be a game-changer when it comes to oil production in the country. we'll be talking about that around 12:45. it is a story you should know about. doesn't necessarily bring down gas prices but tells us something where we are in the oil market today. that is important for all of us obviously coming up at 12:45. jon: here's an important story as well.

major developments in the fight against iran's secret nuclear program. the reports that the u.n. nuclear watchdog agency issued a new resolution today in vienna. it criticizes iran's defiance of previous demand to stop all activities that could produce a nuclear weapon. in a concession to russia and china, the document stops short of setting an ultimatum which the u.s. and its western allies had been pushing for. with us the former u.s. ambassador to the united nations, john bolton. he is also a fox news contributor. i guess no real surprise to you that russia and china aren't going to go along with the tougher language that the u.s., germany, britain had asked for? >> right. this resolution is the diplomatic equivalent of a smoothie. everybody will agree on it and will essentially have no consequences and it's a bad signal for the possibility of the u.n. security council of adding more sanctions to

iran. very unlikely any additional sanctions will have much bite. so i think on balance iran reads this iaea resolution as not really having much impact on them. jon: is iran worried about any kind of a military response? i bring that up because of something the pentagon spokesman said yesterday. i want to play that for you and get your reaction. >> gives a far greater capability to reach and destroy an enemy's weapons of mass destruction, the weapons of mass destruction that are located in well-protected underground facilities without getting into specifics to a magnitude far greater than we have right now. >> should iran take some kind of message the fact that the air force is announcing this? >> the system is not aimed at any one country. it is to develop the capability we believe we need. jon: that's the pentagon announcing that the u.s. is developing the largest bunker-busting bomb that it

has built to date. what do you read into that, ambassador? >> well, of course this has been going on for some time and it's part of a larger effort by the united states, the air force in particular to develop the capability to frustrate countries like north korea, iran and others that have been burying and hardening potential targets like their nuclear weapons program and like other sensitive programs that they have got. this is very important because it gives us a conventional weapons capability to destroy these targets without having to resort to nuclear weapons. it is wonderful work by our military and industry and a very important signal to not just to iran but really any would-be nuclear proliferatetor. jon: interesting we have members of the army war college touring through our newsroom here as you're speaking. would we use such a weapon? is there a stomach in the united states to use that on iran if all other options

fail? >> well, i don't think there is any stomach for much of anything in the white house which is why i think for the next 14 months the spotlight is really on israel. iran is very close to achieving a nuclear weapons capability. what is happening in the iaea today and tomorrow, what may happen in the security council is not going to slow them down. as iran approaches that objective of getting nuclear weapons really the only thing that could stop that would be targeted military action against key aspects of their nuclear weapons program. the obama administration isn't going to do it. so that is why i say the spotlight is really on israel right now. jon: speaking of the obama administration the president has been on this pacific swing. a number of meetings with pacific, you know, powers and so forth. he has announced, the u.s. has announced that 2500 marines are going to australia apparently to be based there. the chinese are not happy about that.

is it a wise move on, in your view? >> yeah, it is a stunningly good idea coming out of the obama administration. in reality it is a relatively small first step but a very important one. and i hope a precursor to others. china has gotten increasingly belligerent in its territorial claims in the china sea. it has gotten increasingly assertive keeping u.s. naval forces away from its coast. it has been developing anti-access area denial weapons capabilities to push our fleet and air capability back away. this is a response to an emerging potential threat. we're not obviously looking for a confrontation with china but the best way to avoid that kind of confrontation years down the road is to do the kind of preparation which this arrangement with australia is a small first step. jon: former you know

ambassador -- u.n. ambassador john bolton. that may be the first time the ambassador agreed with the administration. jenna: we'll take any and all opinions on this show especially from, pets. speaking of that, did you know we have brand new thumb members on the job market today? senator rubio is described in some circles as a rising star in the republican party. he is here with his proposal to get americans back to work. you don't want to miss that. that's next.

jon: there's a new development in the paternity suit which was just dropped against teen star justin bieber. rick folbaum has more on that. rick? >> reporter: this might explain why mariah yeater, the woman who brought the paternity suit dropped the case. "tmz" is reporting that there are incriminating text messages yeater's mother said claiming someone else is father other than bieber of the boy. promising a cut in any

future financial settlement. if the secret is kept. bieber has said from the start he never met the woman who is 20 years old. who made the original allegations. bieber's attorney now saying if there was any remaining doubt this whole texting thing proves that his client is innocent and that this was part of a big extortion scheme. he also says there would be no settlement of any kind. so there you have it, jon, your justin bieber news of the day. you can thank me later. jon: i appreciate it. rick. jenna: love it when you two go over the stuff together. jon: your daughter and mine will appreciate it. thank you. jenna: we said senator marco rubio is next. we didn't want to squeeze his time. we're up against a hard break. we'll go to commercial and be back with senator rubio talking about jobs

jenna: we have breaking news on the jobs front today. new applications for

unemployment benefits fell last week by 5,000 to 388,000. that is the lowest level in several months. not nearly enough to signal strong job growth but it is down so we'll take a positive where we see it. we have also heard a lot about bipartisan bickering over job creation, right, haven't we? not a lot of action when it comes to bipartisanship. our next guest is hoping to change that. florida republican senator marco rubio is here. he just unveiled a jobs plan called, the agree act along with democrat chris coons. you say this could move the needle not only economically but politically as well. why is that? >> first of all there are major issues of disagreement and those, we'll have election about those, what the proper role of government is, how to reform the tax code. there are plenty of things to fight about between republicans and democrats. what we noticed there are a bunch of things we agree on. there are things in the president's jobs plan also in the republican jobs plan. our theory why don't we pass those things? why don't we agree on things we agree on and leave the other things for the

election? we can't sit around here for 12 months and do nothing because people are really hurting and job creation needs to be number one on the agenda. jenna: you mentioned tax reform in your answer there. that has been something very serious as a point of discussion when it comes to the super-committee. again so many different reports coming out of what is actually happening behind closed doors. we do understand there is some concern about tax revenue-raising, whatever you would like to call it. do you support revenue-raising as part of an agreement in the super-committee? will you support that? >> only if is part of economic growth. i think our government does need more revenue in order to pay down its debt. the difference of opinion is where you get the revenue from? i don't think you get revenue from higher tax rates. i think you get revenue from growing your economy. what i said over and over again what we need are new taxpayers, not new taxes. if we simplify the tax code, lower the rates in the tax code and mate them permanent all the 2 trillion dollars sitting in bank accounts that would flood into the

market, jobs would be created. new businesses would start up. people get hired. when people start working they start paying taxes and collections would go up. that's what we should really be focusing on. this idea of raising taxes not only is it a bad idea it won't work. >> closing tax loopholes, sounds like you might be open to that. >> yeah. using money to lower the rates. using money from a loophole, if it is a real loophole to lower the rate and simplify the tax code but not to grow government. jenna: will be interesting to see. we should know in a few days what the proposal might eventually rook like. a lot of different coalitions popped up. go big coalition wants to encourage the super-committee to make 4 trillion dollars in cuts. tea party activists on the hill talking about $9 trillion in cuts. you haven't signed up for the go big coalition. will you do that. >> i want us to do as much as they can. my problem i don't think the super committee is not a good idea. i'm not getting a excited about a super-committee

deliberating in private. we have to rely on media leaks to have any insight what is happening. these are significant decisions. these are some of the most important policy decisions ever made in this building. we have no idea what they are because of the super-committee. every member of congress gets paid every two weeks to come up here and do their job. this was nothing in effort in my opinion with all due respect to kick the can down the road and leave it to someone wells to decide. we need to get the economy growing again and hold the line on spending. i don't think we need a super-committee to do that. jenna: since you disagree with the super-committee and the procedure, what will happen if they don't come up with an agreement and cuts go into place. would you block the cuts from happening? >> they're catastrophic. would all come out of defense. it would eviscerate our national defense capability. a moment ago, ambassador bolton talking about the risk china poses in the pacific. are we able to fund that? will we keep pace with the military spending of china? keep pace with the military risk iran poses in the middle east and even in our

own hemisphere? that those are the challenges in the 21st century. we need a vibrant growing on economy which can afford our national defense which is one of the things our federal government should be doing. jenna: real quick. we have only 30 seconds. you're seeing some light as far as by partisanship reaching across the aisle to work with senator coons. how do you bring that into the other areas of government like what we're seeing with the super-committee? how does that serve as a model? >> i think if we get that passed and get activity on that and progress on that people will say, hey that didn't hurt too much. what else can we work on? there are a lot of things we won't agree on. that's what we talk about the over the next 12 months. that is what the american people will decide in november in an election. on things we do agree on we should do them because there are people at home that are really really hurting. >> coming up on your first year, anniversary of a first year of elected official. we love to talk about that when the anniversary crosses. nice to have you on the program. look forward to having you back, sir. >> thank you, jenna.

jenna: we'll be back with more "happening now"

>> reporter: rick folbaum at the fox news assignment desk. these be protestors and police meeting face-to-face in lower manhattan. this is a day of action for the occupy wall street movement. 50 people have been arrested and there are promises to shut down the subway system later on this afternoon. a hearing on capitol hill over the solyndra fallout. steven chu the energy secretary answering questions about exactly what went wrong. he says taxpayers shouldn't expect to get any of their money back. a look outside at the stadium on the campus of penn state. one of the lawyers in the sandusky case saying his client will testify that he was sexually abused by the former assistant football coach. some of the stories we are watching for you. the second hour of "happening now" starts right now.

jenna: we start the second hour with a new frontrunner in the republican ranks. we're glad you're with us everybody, i'm jenna lee? i'm jon scott. the latest fox news poll shows newt gingrich soaring to the top. jenna: he is in a virtual tie with mitt romney. chief political correspondent carl cameron is live in washington. carl, i've got to ask you for a good dose of reality, a reality check, if you will. we are a year away from the actual election. we see these polls come out every day, more or less, not fox news poll, but a fox news poll today. how significant is this poll. >> reporter: they are not as significant as the state-by-state polls. there have been more polls and surveys than any in history. the amount of data is almost overwhelming. if you look back over the course of the last year, jenna, any time any republican has got even

over 20% in the national polls against mitt romney they have had their moment in the barrel of very bright lights and scrutiny. the latest fox poll actually shows that a large plurality of republicans still think mitt romney will ultimately be the nominee. no other nominee even comes close, and romney has been at the top of the likely expected nominee's winners list in a number of polls for quite sometime. mr. romney is in tennessee for a fund-raiser today. he's expected to raise about a quarter of a million dollars. he's been preparing for this moment for months. when he left the governor's office in massachusetts to run for president eleven top state house aides purchased their government issued computers from the state of massachusetts and had all of our emails scrubbed. the romney administration bought up or replaced all the other state house computers so there is not a lot of paper trail from mitt romney's in the state house on beacon hill. newt gingrich's surge in the polls is the story of the week. he's campaigning in

jacksonville, florida. he shot to the top of the polls and faces the scrutiny that comes with that and recognizes that. he defends hispanic tree as a washington insider insisting that the near here $2 million he got paid from freddie mac was for consulting and not lob bing. he knows when he overreacts to the scrutiny it could amount to a tkpw-f or blow up. if he just stays steady, doesn't do anything overreactive voters he expects will reward him. bachmann is at drake university. she spent a lot of time talking about crony capitalism. she took on rick perry accusing him of crony capitalism. she is suggesting today that newt gingrich is guilty of that because of that lobbying relationship. gingrich is getting his moment in the sun. sometimes you get a little sunburn. he thinks if he can weather it he could be peak being at the right time if he can sustain

it. jenna: you said more numbers and surveys than any other election. how do you keep track of all this stuff? do you have a cheat cheat, write he it on your hand, flash cards, what do you do? >> reporter: the truth of the matter is, jenna nothing sufficess watching the polls as to listen to voters in iowa, and south carolina. we are already seeing a lot of questions and misgivings about herman cain and mitt romney and newt gingrich. all of this goes in cycles. the question is whether or not in another three and a half, hour weeks when we get into the real holiday season whether or not mitt romney is still in the mid 20s. anybody who crests that 20% mark is getting the kind of pounding that newt gingrich is seeing now. if they can sustain it maybe we'll get really action. jenna: very interesting stuff as always. carl cameron stphao. jon: the fox poll is a national

poll. you ought to take a look at states like iowa. there is an interesting poll on what iowa voters are thinking. bob cusack is managing editor of the hill. the results of that iowa poll could not be so different from the fox poll we were talking about. >> reporter: it's good news and bad news for newt gingrich. the national polls look very good. he's getting a lot of media attention. the bad news, conservatives wary of him on some issues, immigration, his ooh sort port of a 2003 medicare bill, his lobbying work. that is the bad news. in iowa he's in single digits. you've got to capture momentum early on. newt gingrich will have to do better there. the fox poll is very interesting it shows in a head-to-head match up with president obama he is within striking range. herman cain never really got win striking range versus he president obama. that is more good news for newt gingrich. who would have thought newt gingrich would have been in the

position he is now. he has an uphill battle for the nomination. jon: the fox poll you just referred to people were asked who has the experience to be president, and mitt romney and newt gingrich come out very much -- essentially tied 59% romney, 58% for newt gingrich. rick perry down the list at 35, and herman cain at 31%. >> reporter: yeah, the newt gingrich, he's got dash tkaerb is a work ton insider, i know he's been pushing back against that label. he was speaker ever the house. he's been living in washington for a longtime. but the flip side of that is that people view him with experience. he's dealt with a lot of issues. in the debates he's been very good, and that has helped him rise from when his campaign imploded a few months ago everyone thought he was done, but the debates have really helped. he's very good at debating which rick perry is not. herman cain is good but he's had other issues. jon: voters were asked in the

fox poll, if the 2012 vote for president were held today who would you vote for? once again mitt romney comes out with 44% of the vote, 42% for president obama inside the margin of error, obviously. newt gingrich right behind him at 41%. herman cain not far behind 38%. >> reporter: the fascinating thing now is that newt gingrich has said he is not going to directly attack romney. the others who have had their moment in the sun and faded, whether it's michelle bachmann, rick perry, herman cain fading a little bit, certainly, they went after romney. newt is saying, listen i'm not going to go after hip, i'm going to go after president obama. he's won a lot of applause in the debate on that point. scolding republicans foray tac republicans for attacking each other. other. jon: it will be interesting to watch. thanks for being with us.

>> reporter: thanks. jenna: new information now on a powerful weapon aeu participate lee just added to our military arsenal. it's 30,000 pounds, the biggest bunker bustin busting bombs in the world. steve centanni is live with more on this. >> reporter: we knew the bomb was being developed. now for the first time the pentagon is confirming it has been delivered and they are talking openly about it for the first time. this new bomb, which is seen in the video you're going to see during a test in 2007 is 20 feet long, and weighs 15-tons. it carries more than 5,000 pounds of explosives, and would be able to penetrate some 200 feet underground when dropped from a bomber. it's six times the size of the previous bunker bust teres the military had. some of these are seen here in earlier tests out in the desert. delivery of an unspecified number of the bombs was confirmed yesterday at the pentagon at a news conference. >> it gives us a fair greater capability to reach and destroy

an enemy's weapons of mass destruction that are located in well-protected underground facilities. without getting into specifics, to a magnitude far greater than we have right now. reporter: the new bomb was specifically designed to be dropped by the b-2 stealth bomber. the pentagon said the bomb is not designed to target any one country, but the announcement comes at a time when tensions are very high over iran's nuclear program. the iranian facilities are believed to be purchase read about 180 feet underground at two locations. the u.s. is trying to round up international support for stronger sanctions as israel is threatening military action to takeout the sites. we don't know exactly how many of the bombs have been delivered to the military at this point but we do know that 20 total have been ordered. back to you. jenna: interesting story, an interesting timing as you point out, steve. thank you very much. jon: straight ahead, a secret white house czar to speed up

stimulus spending? now linked to green energy loans and the solyndra scandal. we'll get into that, plus a self-help guru in court awaiting sentencing in the deaths of three followers after that sweat lodge ceremony. rick is at the web wall for us as well. >> reporter: we like to well you what is going on at foxnews.com. there is an exclusive that you need to check out. you can find it on the home page. there's been talk about a possible cover up at penn state regarding the allegations against the former assistant coach there, jerry sandusky. now foxnews.com with an exclusive with a potential cover up at the charity that sandusky founded. they were taking money from donors without telling them anything about an investigation into sandusky. read about it. we'll have more after the break. the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal.

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jon: right now in arizona a sentencing hearing wrapping up

for james arthur ray convicted on negligent homicide charges in the deaths of three people in that bizarre sweat lodge ceremony. ray has gone from successful life coach profiled on oprah between free's show to fighting toprah winfrey's show to being sentenced. >> reporter: he'll find out whether he'll serve any of the ten-year prison term he's facing. he was convicted in june of three charges of negligent homicide. small hut w-rs heated up inducing what evened up being fatally high.s for three of the program's participants. james arthur ray had been a highly successful self-help guru profiled on oprah. one war vet said he believed ray saved his life. prosecutors are asking for the

max, that is nine years, nine months saying he showed days regard for people's safety and well-being. ray's attorney asking for probation citing good character and lack of a prior criminal history. we should find out soon. we'll let you know when we do. jon: thanks. jenna: another big story for us today is the latest on solyndra. the obama administration is facing more criticism linked to that failed solar company. obviously a big hearing today down on capitol hill. we have a new congressional probe finding that the president's multibillion-dollar stimulus plan has closer links to the department of energy loan program, which is the department that gave the money to solyndra. >> reporter: the house panel has been looking into solyndra. what we found in the house panel report is that there was an adviser who was put at the department of energy, and this person basically was acting sort of like a liaison between the house and the department of energy. he was basically working to row

dues the time for decision-making on the loan portfolio at the department of energy. he was working on the so-called announcement value in solyndra for the white house, object sentence plea for the president and vice president if they wanted to make speeches based on solyndra. there was another element here that came out of the house panel report, jenna, and that is, is that the stimulus program that was enacted in february 2009 basically wiped out an extra cost that company that got loan guarantees would have to pay back to the agencies. they are called credit subsidies to get the loan guarantee. jenna: let me take this step-by-step. let's go back to the le back to the liaison. is it unusual to have the liaison from any administration with a department like the department of energy. >> reporter: personally in my reporting i can't say, because i have not seen it before personally. we've seen this as an issue

though in the house panel report in the back end of the report. jenna: is the concern that some of these projects were fast tracked for funds without due diligence? >> reporter: that seems to be the issue with the house panel report, the issue being raised. the liaison, the so-called stimulus adviser that was put at the department of energy at the beginning of february in 2009 according to the report. worked according to the report with then white house chief of staff rahm emanuel. jenna: basically what you're saying whoever that person is -- >> reporter: his name is matt rogers. jenna: may have qualifications to talk about the marketing of a certain project. do we know about the qualifications as far as knowing if a company has value. >> reporter: that is an important point. according to the house report the department of energy was -- officials there were raising questions about solyndra early on and in fact they had a

louisiana quid today tee profile of solyndra that showed that solyndra could possibly run out of money by september of 2011. that with us a red flag in that report. jenna: the question is whether or not that liaison or whoever who is responsible for the loans did the due diligence necessary. >> reporter: for just set that information aside. that is possibly going to be an issue raised at the hearing with the department of energy secretary chu. jenna: he said the taxpayers will not be getting any of the money back from that loan. >> reporter: he did say the department of energy conducted due diligence on the loans. jenna: we'll continue to investigate. thank you so much for that. jon: police are tracking a thousand leads they say in the search for a missing two-year-old boy and wondering about some very strange behavior on the part of his mother. plus the super committee getting advice from the tea party telling them to go big, really big, $9 trillion worth and they

say they have a blueprint for how to do it. we'll show it to you coming up.

jenna: a look at some of the top stories we are following for you today on this thursday. the secret service is beefing up security after a suspect is arrested in a shooting at the white house. authorities say oscar ortega hernandez who was picked newspaper pennsylvania has a history of erratic behavior and may be responsible for shooting into a wednesday doe at the white house. a major drug bust on the doorstep of one arizona home. look at this. border agents found a door leading to a secret drug smuggling tunnel. it stretched all the way into mexico. a search for a missing boy in washington taking some strange turns today. cops say his mother left home without her id and without her wallet the moment she says her

son disappeared. she tells police she was taking skye to the hospital at the time because he wasn't feeling well. still no information on where this little boy is. jon: right now, hundreds of tea party leaders are in washington unveiling an ambitious new proposal that they say will cut the deficit and balance the budget at the same time and they go a lot farther than the super committee is talking about doing. it has only six days to come up with a plan. this tea party debt commission says it has identified nearly $10 trillion in budget cut. they'll present their findings today at a joint house-senate hearing. let's talk about it with matt kibbie the president and ceo of freedom works that was heavily involved in 0 coming up with some of these ideas. the methodology, you asked some of your passionate supporters for their ideas, right, matt? >> we outsourced ideas from 50,000 activists.

there were no rules on who could participate. we kneeledded to find out from america what their priorities were. we held a series of field hearings across the country where the grass roots commissioners allowed the american people to say what their priorities were. jon: all right what you came up with, the results and i'm going to kind of gloss over them, but part of what those suggestions, some of the fruit they brought involves balancing the budget in four years saving $9.7 trillion over ten years, shrinks the percentage of our gdp that we spend on government operations from 24% to 16%, and makes the bush tax cuts and alternative minimum tax relief permanent. sounds too good to be true, matt. >> well there is a lot of tough choices. here in washington d.c. there are special interests that will defend every dime in the budget. but if the principle is you have to focus on our children and our grandchildren and the future of our country, we have to balance

the budget. we have to do something about the national debt. there were no sacred cows. we looked at everything. but we think this is a reasonable plan to get this country become on track. jon: all right. so you achieve some of those savings thusly by eliminating four cabinet agencies. rick perry wants three, you go for four. commerce, housing of urban development, energy and education. you end some government loans subsidies and aid, you supposedly can save social security through personal accounts and medicare seniors would have the option to buy into the same program that congress has? >> absolutely. if you want to really tackle entitlement reform you've got to get back to the principle of choice and the principle of individual control over those programs. and the big dishonest thing that is going on in washington d.c. is this hundred trillion dollars

in unfunded liabilities in medicare and social security. they don't talk about that. we talk about that, and we offer a rational transition to a point where we have ownership in our own retirement. we have more control over our healthcare. this is what the private sector has been doing for years. it's time for the government to catch up. jon: why is it that your group can identify almost $10 trillion worth of budget cuts that you say, and i'm going to qualify it, you say they are achievable, and this debt commission, this so-called super committee seems to be having trouble coming up with a trillion or a little bit more. >> well we came to the sad conclusion in june when we were meeting about 150 tea party leaders that washington simply can't get the job done, and the only way we balance the budget is when america beats washington. we want to show that it can get done. we've had a number of senators and congressmen who are interested in the ideas. we would like to see a real alternative to the super

committee, which is done behind closed doors. the american people don't know what is going on. but it just seems that washington is stuck in politics as usual. we've got to shake that up. jon: matt kibbe is the president and ceo of freedom works. we threw a lot of information at our viewers there in that segment. we'll put all of those suggestions on our web side foxnews.com/"happening now" so you can look at it there. thanks for being with us. jenna: this is to go really, really big. hey, it's nice to see different ideas being tossed around. go check that out. really interesting stuff. in the meantime it's a historical law impacting every single one of us in this country. but could the legal battle over the president's healthcare law also make supreme court history? we have a fascinating discussion straight ahead on that. plus, deadly storms tearing across the southeast, one man compares it to a scene from the wizard of oz. we'll have a live update as folks try to pick up the pieces. [ male announcer ] cranberry juice? wake up!

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jon: fox news weather alert. experts are fanning out across the southeast inspecting damage from possible tornados. six people were killed in the storms, dozens more hurt. the devastation stretches from the gulf coast to north carolina. elizabeth prann in georgia right now. what does it look like where you are? >> reporter: it is pretty

bad, jon. this local headline really sums it up. tornado causes chaos in harris county. we're in an ag center where they typically have rodeo as couple times a year. you can see a lot of metal is bent from the powerful storms that went through here 2:00 p.m. yesterday. when we drove through some of the local neighborhoods, a lot of rooftops are littered with blue tarps. you can see that the pine trees, once they got wet, they're very, very heavy. they fell on top, a lot of the homes here. we also know that a lot of the schools were on lockdown. many of these uprooted trees caused falling power lines. the damage and destruction is certainly not exclusive to georgia. in fact the line of storms started as far away as louisiana, all the way to mississippi, where more than a dozen people with were injured into alabama where schools, businesses and homes were all destroyed. unfortunately as the storms continued, we did see loss of life. there was one man who was driving in his yukon north

of atlanta around 6:00 p.m., he did die when a tree fell on his car. there were three deaths in south carolina and two in north carolina. for people here in the southeast there is a long road to recovery. jon, back to you. jon: absolutely terrifying stuff there. elizabeth, thanks. jenna: the legal battle over the president's health care law is going to be happening. a supreme court case that will affect every american depending on the ruling. now there's a push to allow television cameras inside the court for the very first time ever to broadcast some of the arguments. tom goldstein is a supreme court litigator. he has tried 24 cases before the courts. tom, the reason why we booked you, we knew if there was hearing of some sort you would probably be called in to testify. you have some news about a hearing that might happen. >> there is a discussion in the senate right now of having a hearing on december sixth to talk about this important question and

continue to delve into whether the justice ought to have more public proceedings. jenna: can the senate tell the justice they have to televise what goes on? >> that case might have to go to the supreme court. it is unsettled how much power congress has. i think that the reality is that it is ultimately have to be compromise between the different branches of government. jenna: what would be ideal here in your mind as a litigator and someone watches the court on a daily basis, what is the best-case scenario? >> i think eventually cameras will come to the supreme court the way we're slowly getting more and more on tape and we're getting audio at the end of every week of oral arguments. it is the country's supreme court and the justices are to be admired. they're only people in washington, d.c. trying not to get on television. they want it to be taken really seriously. that deserves a lot of respect but it is almost impossible to get into a supreme court argument. as you said in introducing this discussion, this statute and this case affects every american and the oral argument is an

important part of the process. it is american people's supreme court. i think they deserve to get to see it. jenna: this is something the justices have been talking about for years. i have a quote from justice kennedy i want to get an opinion on. he is talking about having television in the courts. he says remember by not having the press in the courtroom we also teach, our timeline, our language, our grammar, our ethic, our chronology, our dynamic, are different from the political branches. by keeping the tv out, you teach that. and part of this comment that he had tom, was saying hey, if you open up arguments to television, people are going to learn about the courts. he came back with this other side as well. having that you've been behind the closed doors and inside the supreme court, i'm wondering what you think about that? because there is a mystery and a reference to the supreme court because there aren't any cameras. >> it's true but i don't think the goal ought to be mystery. the justice is right, for the 50 people, 100 people in the public section of the

supreme court during an oral argument it is an incredibly somber, serious process. and that is almost ideal. but there are not just 50 or 100. there are 50 million or 100 million people out there in the country who would be interested learning more about the oral argument in health care. i think it is their right to know more president process really the experience it. through television. remember, maybe tens of thousands of people will read the court's important opinion ruling in the health care case but there are tens of millions of people who watch fox television. that is how americans come to learn about their government. and it's a shame that they can't participate in that way for this case. jenna: just a quick final question. seems justice kagan and justice sotomayor seem very open. do you think with the new generation of justs that is where we see the change in the next several decades to come? >> yes. i think it is inevitable. the justices move slowly. they want to make sure they don't misstep. there are more and more

courts do oral argument by video. as justices become convinced that works just like they have let in audiotaping allow that to be released more quickly, eventually television will come. it is a little bit slow, slower than it needs to be. jenna: great to have your perspective. we look forward to having you back. especially if the hearing happens. that will be fascinating. thank you, tom goldstein. geraldo is with us. a couple sides we weren't able to cover with tom having to do with sound bites and showbusiness. that is a concern. one of the justices justice scalia had this to say. when i first came on the court i was in favor of having cameras in the court. i am less and less so. i don't want it to become showbiz. our sessions are open. anytime it you are in washington i urge you to attend i think it is a good show itself. what do you think?. >> i agree with tom goldstein the proceedings because they are so significant important to the

american taxpayer should be broadcast but two words are the real reason why the court proceedings are not televised and those two words are jon stewart. what they fear is that these majestic proceedings will be reduced not to a sound bite but to a punch line. when you look at what the comedy shows, the various comedy shows, not just on comedy central but late night comics do with republican debates, how they take a pause or a mistake or a, you know, a brain freeze and make it a punch line that goes on for days, that is what they're afraid of. jenna: sounds like you might have personal experience with that? >> more than i like to admit. but i was in the court for bush v. gore. it was one of the most fascinating, happened to be the day i was admitted to the supreme court bar. fascinating to see how the different justice respond to the oral arguments. some were engaged in asking questions, a lot of quips. other justices didn't say a word. they were almost day dreaming it seemed to me. i think that is what they're

afraid of. there is personal side. jenna: do you think that is real fear? if the justice, again, looking at quotes from the justice and their opinions on this there is a real concern with television that the justices them service might play up that sound bite, that one sound bite that is going to be taken that will prove their point? their argument that could actually change the nature of the court and they're not willing to go there yet? >> when you think of the nine justices on the supreme court of the united states, alone, among all the officials in washington, they really are very insulated. they are very isolated. they are up on a pedestal? jenna: isn't that good? >> i guess that is good. they call it the extension alism of the supreme court. on the other hand, what they are protecting isn't really the process so much as it is their own sense of decorum and pride and dignity and i think that really has to give. for instance, here, let me give you a suggestion what we could do. instead of banning cameras from the supreme court for

this all-important argument, why don't they just allow c-span to broadcast it live and prevent the excerpting? prevent the excerpting. if maybe a couple of days after the live broadcast the clerk or the some official associated with the court hands author rised exerts of key points, then you avoid, look at him scratch his nose or pull his eye. did you see breyer give thomas the elbow. jenna: nonverbal communication. >> or whatever. what if a judge misstated law or justice? if a judge cracked a joke. you could prevent those kind of things are unrepresentative of the main argument but the argument is very power phil that something like the health care legislation should be broadcast for every american. jenna: will be interesting to come up. see if there is very change in this case. >> i want to do the excerpt. jenna: you want to do the excerpting? >> that is actually a dream of mine to argue before the court. never argued. >> what would you want to

argue? >> death penalty cases. jenna: really. >> dna exonerating death penalty case. >> you learn something new every day. if you go, guarantee, jon, if geraldo there, there will be cameras. call it a00 much. >> no streaking on camera. jon: none of those just at thises would be -- justices would be sleeping through geraldo's presentation. jenna: no, no. jon: coming up a major food alert for nearly have half the nation. we have details on a peanut butter recall that affecting some 24 states. what's better than gold ?

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the world needs more energy. where's it going to come from? ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projectsn the world. enough power for a city the size of singapore for 50 years. what's it going to do to thplanet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪ >> hey, everyone, i'm megyn kelly. penn state assistant coach mike mcqueary now tells friends he did call police after allegedly witnessing a coach raping a little boy 10 years ago. police say that is not true. we'll investigate. plus the democrats now engaging in opposition research like never before, gearing up for the november elections. wait until you hear what they are doing. and new and exclusive

information on the baby lisa investigation. what we're now learning about a call made from deborah bradley's phone that night that could prove crucial to this case. and, newt gingrich has a reason to smile. you'll find out what it is right here. see you top of the hour. jenna: right now some new information on some stories we're watching across the united states and around the world right from inside our control room. ohio-based smuckers recalling thousands of jars of its natural chunky peanut butter. the 16 ounce jars september to 24 states may be contaminated with salmonella. no illnesses have been reported. we'll keep you posted. syrian forces making sweeping arrests. the raids come one day after army defectors attacked a military check point that con situation continues to develop inside that country. an airline pilot stuck in the bathroom trigger as terror scare in the air. the pilot asked passenger

outside the door of the bathroom to alert the copilot. after hearing banging on the cockpit door the copilot thought he was under attack. after the pilot got out he calmed everyone down. scary moments. >> that doesn't sound like fun. new information in irran after a mysterious blast at a missile base. iran claiming to be victim of cyber warfare and computer viruses. critics say this is an excuse to attack another country. others say this is iran getting a taste of its own medicine. amy kellogg live from london. >> reporter: jon, there is a lot going on. not clear exactly how it ties together. that blast or blasts that rocked a major missile base in iran over the weekend, iran insists it was just an accident. there is awful lot of speculation it was sabotage. now the explosion or explosions north of tehran over the weekend killed 17

people on the base including the man who has been called the father of iran's missile program, the one who oversaw the construction of the shahab-3. the one that iran's nuclear watch dogs, the u.n. nuclear watchdogs says the islamic republicans trying to fit a nuclear warhead on. many experts say we should expect to see further acts of sabotage going forward as the west tries to stop iran's nuclear program. iran just declared it has been attacked by a new computer virus, called the successor mall ware which attacked iran's uranium enrichment facility last year. this gets into a heat and exfill traits information. it is called a advanced consistent threat by experts. we don't know what damage it has done or where it was detected. we don't know whether it hit iran's nuclear installation. people are saying we're seeing warfare of the 21st century. >> i think we'll see more

cyber attacks in general both aimed at irrand an aimed at others. cybergives you the ability to be more aggressive without major consequences particularly initially. almost like the little kid can stick a, poke a stick in the eye of the big bully and not get his nose bleed did ied for it at the same time. >> reporter: now jon, we don't know exactly the origin of this virus. some people are speculating it could have been created in iran and inadvertently come back to hurt iran. we don't know what iran's cyber army is capable of doing. we do know they have quite a formidable cyber army they have dedicated a lot of money to it and the supreme leader has declared something he is calling a software ends if the west. back to you, jon, be interesting to learn more about the explosion and everything else. amy kellogg, thank you. jenna: a lot of questions coming from that part of the

world. we want to show you what is happening with your money today. the take a look at the dow. the dow is trading lower by 150 plus points. oil is lower today. a major business deal just happened in our country some say will not only create jobs but start a resurgence of the oil business, a game-changer but will it change our gas prices? that's the heart of the story. we're going to tackle it next again with phil flynn. [ male announcer ] each of these photos was taken by someone on the first morning of their retirement. it's the first of more than 6,000 sunrises the average retiree wl see. ♪ as we're living longer than ever before, prudential's challenge is to help everyone have the retirement income they'll ed to enjoy every one of their days. ♪ prudential. bring yr challenges.

jenna: oil prices trading just above $100 a barrel last 24 hours. it is rallying back from the last several months. take a look at the chart. this shows the last six months. prices have jumped some 30% from early october. one of the questions we always ask, what does this mean to us? for those of us on the road and buying goods connected to the petroleum market.

average price for unleaded regular stands at $3.39 per gallon. it is up 50 cents more than a year ago. why are prices rising despite a weak economy. there might be one key reason. phil flynn is market analyst with pfg, no r, pfg best research, fox business network contributor. phil, there was a major deal, a business deal in the country that happened yesterday that really helped fuel those prices going up. what happened and why is it significant? >> well, basically what happened, jenna, there was a major pipeline sale from conocophillips to enbridge. basically what this pipeline did essentially is reverse the flow of oil out of the major storage facility in this country. now initially, what that means is, is that, there is going to be more oil available in the gulf coast where they couldn't get it. but what this means basically is that there is going to be more oil and

more product over the long run. so even though oil prices went up initially on this news, this is great news for america because over the long run, this means we'll have more gasoline, more heating oil. and that will push prices down. jenna: let me ask you how it relates to the keystone pipeline. that has gotten a lot of attention recently whether or not it will go through from canada all the way down to the gulf. is this related in any way? is this a game-changer as far as whether or not that deal is still significant? >> this is going to make it even more significant and make even more people scratch their heads, saying why aren't we doing this right now? if you want to be less dependent on oil from the middle east and countries that don't like us, why not approve this pipeline and get oil in? not only can we bring oil and canada to the midwest where it kept prices down in this part of the country, now with the extension of this pipeline all the way to the gulf coast, we can get oil from canada to the gulf coast. jenna: sure. >> and provide oil for the entire country. jenna: phil, i'm keeping the

map up on the screen because it showses oklahoma reversing the oil flow from oklahoma going down to the gulf coast. it is part of that keystone proposal. really quick though, if there is more oil moving in our country does that mean prices will come down, that gas prices will come down for us here? >> i think they are, absolutely. the bottom line, more oil to this country that we're not getting from countries don't like us, assuming canada still likes us potentially that means lower prices over the long run. this is great news for america. i'll tell you what, if we get that other pipeline, keystone from canada that will mean even lower prices in the future. jenna: we'll continue to watch it to see what trend are developing. "wall street journal" says this is reversal of decades of oil production declining. we'll continue to watch the story from the cme where everybody is screaming on the floor. that's what they do. jon: what they are screaming for is lunch. for lunch, everybody loves pizza, right? i certainly do. we'll tell you about a new school lunch bill that is leaving a bad taste in the

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