now. jon: we begin with this fox news alert and an eye on the economy. take a live look at the dow, down about 40 points right now. this just a day after its biggest gains in more than two years when the dow soared nearly 500 jobs. the news on jobs is not as good and that may play into the numbers you're seeing this morning. last week the number of people applying for unemployment benefits rose for the section straight week, jumping to 6,000 to 402,000. it is a sign whatever hiring there is picking up at a slow and very uneven pace. and brand new developments in the diplomatic showdown with iran to tell you about as well. good morning, i'm jon scott. jenna: i'm jenna lee. we're glad you're with us and we're in the fox

newsroom. britain joined by germany, france and the neter lands -- netherlands recalling their ambassadors from iran. word iran released 11 of those detained in that assault. you're seeing video of that. this rampage went on for hours. the mob pulled down the union jack flag. burned cars and threw documents out the window. anyone's best guess what the documents were. jon: coming against the backdrop of worldwide fears about iran's nuclear ambitions. a short while ago the european union took a big step towards toughening existing sanctions towards iran while israel says it is not ruling out a military strike. jenna: here at home the senate foreign relations committee is meeting right now about the u.s. strategy on iran. it a big topic and big questions and a lot of people have a lot to say. chief washington intelligence correspondent catherine herridge is here this morning. >> reporter: they are putting the administration

iraq strategy under the microscope. three key factors are at play. the damning report from the international atomic energy agency that iran continues to advance the nuclear weapons program. the plan to assassinate the envoy to washington, d.c. and the attacks this week on british embassy in tehran. the specifically the iran issued explained why he believes the new tougher financial sanctions on the iranian central bank cut off iran from the u.s., canadian and british economies. >> iran is cut off entirely from three of the world's largest financial sectors. and our efforts are paying off. iran is now facing unprecedented levels of financial and commercial isolation. >> reporter: a top state department official on the issue hinted strongly iran's crude oil sales are next. >> sanctions are also more effective when they are multilateral and sanctions on iran are no exception. we are looking forward to what comes next. iran's greatest economic resource is clearly its oil

exports. sales of crude oil line the regime's pockets, sustain its human rights abuses and feed its nuclear ambitions like no other sector of the iranian economy. >> reporter: at issue this morning is whether the sanctions could in fact be counterproductive and have the effect increasing price of oil, creating more money for iran to finance its nuclear ambitions, jenna. jenna: that is interesting side. if you don't have russia and china on board with the sanctions there is a question how effective they are, right? >> reporter: right. jenna: talk about the military options. when you talk about sanctions you bring out in this discussion the military options when it comes to iran the have there been any questions or comments about that? >> reporter: one of the most striking moments this morning came from the ranking republic can on the committee senator lugar, who asked two members of the obama administration to have discussion and point specifically to likelihood or probability of military action by israel against iran and neither of the witnesses would address that question publicly, jenna.

jenna: it is an important topic. we'll continue to watch. catherine, thank you so much. >> reporter: you're welcome. jon: fox news is your election headquarters. so much of the spotlight on the 2012 race for president but the balance of power in the congress is also up for grabs. right now in the senate democrats hold the majority 51-47 with two independents who caucus with the democrats. but republicans are taking a close look at the seats of two democrat senators who are retiring, jeff bingaman of new mexico and herb kohl of wisconsin. they hope to turn those seats republican. on the other side democrats hope they can challenge scott brown in massachusetts. they're also looking at an opening in arizona as jon kyl retires there. democrats also hope to hang onto the seat in

north dakota now that kent conrad is not seeking re-election. so let's talk about all of this with larry sabato. the director of the center for politics at the university of virginia. he has got the crystal ball out. for a long time you thought it didn't look so good for democrats to hold onto the senate, their practices specs. now you say that may be changing. why? >> i still don't think it looks all that good for the democrats to retain the senate. remember, jon, these are 33 tops spinning simultaneously, these 33 senate races and we have a year to go. naturally they wobble about. some of them wobble to the democrats. some of them wobble to the republicans over time. let's take two examples. up in massachusetts republican senator scott brown, you remember his big victory, midterm victory replacing ted kennedy in the senate. well, massachusetts is a heavily democratic state. now he has a very tough democratic opponent, elizabeth warren. well, elizabeth warren is

now essentially tied with scott brown in the pre-election polls and president obama is almost certain to win massachusetts by a wide margin, whatever he does nationally. so we have moved that to toss up. let's take another example though in the other direction. in florida, where senator bill nelson, the incumbent democrat now face as much tougher race for re-election mainly because connie mack, congressman connie mack, has decided to run for the senate. now connie mack is also nearly even with bill nelson in the polls and florida is ripe for the picking for a republican nominee for president if the republicans pick a strong candidate. jon: connie mack has pretty big name recognition in that state. nevada is also a race that you say the democrats could have some trouble with? >> yeah. there you've got a republican incumbent but he is appointed incumbent, dean heller. he was a congressman. he was appointed to the seat of senator john ensign when

he resigned. the democratic candidate, congresswoman shelley berkley, is a strong candidate. i think that might go the way of the presidential contest in nevada. you know, so many of these cone tests, jon, are going to be coattail races. that is the winner of the presidential contest in these key states may very well pick up a bonus senate seat by winning the state's electoral votes. we're in a very polarized environment and when people start voting republican at the top of the ticket, they're going to probably continue to vote republican. when people start voting democrat at the top of the ticket they will probably continue to vote democratic in november 2012. jon: elizabeth warren in massachusetts, and she is a strong democratic contender there, obviously should be in a state that is blue against scott brown, she is typical, some say, of what democrats have done well this year, which is recruiting strong female candidates to challenge for some of these seats.

>> absolutely. look, if you look at where the votes are for the two parties disproportionately women contribute to democratic victories, disproportion natalie men contribute to republican victories. not surprising to appeal to the party base, parties nominate candidates from their disproportionate groups. you have a lot of women candidates running on democratic side although you have a couple of women running potentially on the republican side. linda lingle out in hawaii will certainly be the republican nominee for the senate out there and maybe heather wilson in new mexico so there are examples on both side but i think it is a smart strategy. people are turned off by politics. they think politics are very corrupt. women disproportionately have the image of being clean. that is how people interpret women canada sis. maybe it is gender bias but

that is how they see it. jon: i took a sharp elbow in the ribs from my partner there. jenna: larry, i can't agree more with that statement, how clean and pure and wonderful. jon: larry, the rest of the day is not going to go well for me. thank you though. we'll have you back another time. >> i'm sorry about that. i apologize. jon: lairsy sabato from the university of virginia. jenna: welcome anytime on this show,s that for sure. interesting strategy to say the least. we'll talk more about that. to capitol hill where it is an equally jam-packed day. the president is threatening to veto defense spending bill over trials for terror suspects, a part of the bill he doesn't like. how or who will pay for the cuts is a still a major source for debate. a lot going on. chief congressional correspondent mike emanuel is there. mike, what about the defense authorization act? what is at issue here? >> reporter: interesting, jenna. the senate is expected to take it up this hour. it passed a procedural vote

88-12. that tells you a lot in this very polarized environment. this got overwhelming support in the united states senate. the senators feel like their issues in terms of detainee handling is fair and so they are challenging the white house own that measure. now it is a $662 billion package. a short time ago a senate democrat expressed her concern about some of the spending. take a listen. >> i have come to a stark and real conclusion about money that we have wasted and continue to waste in this effort. we are building infrastructure in afghanistan that we can not secure and that will not be sustained. >> reporter: the bill is expected to pass the united states senate today. the house still has to pass its own version of this bill. once it does, then the question is, how the white house will handle it? will the president veto or will he hold his nose and

sign it, jenna? jenna: we'll see. that is first chapter stage of that, going through each chapter before that is done. let's move onto this payroll tax cut extension. we know at the end of the year if the, tension doesn't happen taxes go up for everyone getting a paycheck, mike. seems democrats and republicans are both on board but there seems a real question how to extend the tax cut. what are both sides saying? >> reporter: heading to election year, christmastime, nobody wants to be seen raising taxes on american workers. so the democrats idea is essentially taxing millionaires and billionaires, feeling like that makes a lot of sense. give everybody essentially some tax relief and have the wealthiest pay for it. republicans don't like that. they offered their own alternative which is extending this one year at the current level and paying for it this way. freezing government worker pay for three years. cutting the government workforce by 10%, and then means testing millionaires and billionaires in terms of

health benefits, feeling like if you do means testing and you don't give millionaires and billionaires health benefits, essentially that is a way to save some money. senator harry reid, the majority leader, says the republican plan is essentially protecting the rich while short changing the middle class. both the democratic version and the republican version are not expected to pass but we know that majority leader reid and speaker john boehner are set to meet today. you better believe they will discuss a way forward after each plan gets rejected today. jenna: december 1st, believe it or not. we're on the first day of the month. they have to figure this out before the end of the month. we'll see if they can do it, mike. busy day on capitol hill. we appreciate it. >> reporter: thank you, jenna, how did it get to be december? jenna: shocking this morning. jon: holy cow. this year has gone way too fast. new developments on the search for a florida mother who vanished right after appearing on "the people's court". her former fiance the focus

after police investigation. why did a judge just award him custody of the couple's twins? geraldo live with his take. jenna: lots of interesting twists there. winter blast across the midwest. heavy snow. an awning collapsing as well. we'll show you video we go live to the fox weather center. that is a, not a good lead-in. speaking of good things and bad weather. rick folbaum. >> with the snow coming now we're into december and the winter months ahead of us, a winter survival app for your smartphone. in is free and it could save your life. we'll explain how when we come right back. don't go away. we're america's natural gas and here's what we did today: supported nearly 3 million steady jobs across our country... ... scientists, technicians, engineers, machinists... ... adding nearly 400 billion dollars to our economy... we're at work providing power to almost a quarter of our homes and businesses...

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jenna: quick fox news alert. want to show you where the perspective republican presidential candidates what they are doing today. that of course is newt beginning rich in iowa. he is speaking at nationwide insurance.

one of issues he is speaking about is securing our border. next hour we'll have a interesting discussion, a new discovery along the border between mexico and california that is coming up next hour. if you like to watch speaker gingrich and his comments you can do so at foxnews.com. jon: well, here we go. it's december and heavy snow is causing major problems across the u.s. in michigan the canopy covering a station's gas pumps collapsing under the weight of snow and ice. luckily the owner says it looks worse than it is. he is hoping to reopen later today. whiteout conditions in parts of indiana. up to eight-inches of snow there, knocking out power to thousands of people, making commutes nearly impossible this morning. meteorologist janice dean live in the extreme weather center. man, jd, it is lookinging bad already out there. >> it dice as you pointed out jon scott, if you believe it, december 1st on the calendar.

this storm brought incredible stormy conditions across the great lakes. look as it lifts up into canada. look at storm totals. a couple of 10 inches in michigan and indiana. the other big story we're following today, one i think is going to be a major event for southern california is this low pressure system centered across arizona. we also have high pressure building across the great basin. that means we're setting up for a major santa ana wind event. not just your run-of-the-mill santa ana event. the combination of the low pressure system and high pressure will bring us fierce, fierce winds. i want to go to video out of southern california, the los angeles area. we're getting video in really nonstop with all of the damage coming in from southern california. winds in excess of 85 miles per hour. power outages. this could be one of the biggest wind events they

have seen in five to 10 years. guys, it will be an ongoing story throughout the day today and tomorrow. a major wind event across southern california. reports they're hearing wind like hurricane-force winds in that region, jon. jon: wow, that is scary. jd thanks. >> okay. >> if you find yourself pulled over in the middle of a blizzard with conditions too dangerous to drive, rick has some new information on a brand new app that might actually help save your life, rick? >> it is true. you're a california girl. you might not have had to deal with this. if you have ever been in a car in the middle of a snowstorm and afraid about getting stuck you might want to download this app. it is called the winter survival kit. it was developed and launched by the north dakota state university. the best part about it, it's free. listen. >> likely that this might be the first or only time hopefully that you're ever stuck in a winter storm in your car. and so the app sort is designed to take some of the thinking out of it for you.

>> okay. here are a few of the things this app does for you it provides you with your current gps location in case you have to tell emergency officials exactly where you're located. it lets you know when you should turn the car off to avoid carbon monoxide poisoning that would be very dangerous and deadly. it advices you how much gas you have left in your tank. it tells you how much longer you can have your car running. the gentlemen wanted to take the thinking out after potentially dangerous situation. the app store, emergency contact numbers for you, also your phone book so it can contact 911 for you. it can call your friends and family. it has helpful information when you're not in emergency. putting together things you might want to have in the trunk of your car in the event after cold weather emergency event. how to prepare your vehicle for winter driving. these folks in north dakota. they know what they're talking about in fargo. this is something that could be used by people all over the country.

i'm glad i have it on my phone. it is available on both the iphone and the android systems, jenna. check it out. jenna: the free part is good. you're right as a california girl i didn't have to deal with blizzards. a whole host of other issues. all sorts of things. rick, thank you very much. nice app. jon: if only it were he had diddable -- edible it could save you. police discover the bodies of 10 people left on a lonely stretch of beach not far from new york city. why authorities think all of these murders are the work of one person. plus, the wedded bliss. it lasted a scant 72 days. now this towering nba star wants his marriage to kim kardashian completely erased. can he do that? coming up, geraldo rivera is here to hash it all out for us. ♪ .

jenna: geraldo is here with a triple threat on three big legal stories. how do you like that? triple threat. concern over the safety of a missing florida mom's children. the judge ordering the kids returned to michelle parker's former fiance. he is the prime suspect in her disappearance. that is raising a lot of eyebrows? what do you think about that? we heard something from the police about this decision but how did this decision come about? >> i think it is incomprehensible, dale smith, the ex-fiance not only dishonorably discharged marine, he is a man with a history of domestic violence. michelle had a protective order against him in 2009. the judge now to say that

the prime suspect in this women's disappearance gets custody of their 3-year-old twins is one of those decisions to me why the courts are so often open to rid dual -- ridicule by the public. it is a decision you can not understand. the children were in custody of michelle's parents. they took them from her and gave them to the guy who is the last person to be with michelle before she disappeared. a man who refuses to take a lie detector test. a man who has beaten her before. i think it is really a shameful decision. jenna: still no warrant for his arrest. >> no warrant yet. no warrant yet. but they did raid his dad's house. they are actively working on the assumption he knows more than he is telling. they are searching the lake there in orlando for her body. they found a white woman's body by the highway in georgia. they have checked her out. it is not michelle. there is a very active investigation and clearly the man now in custody of the twins is the only

suspect in the case. jenna: all right. we're two weeks into that particular case that we're looking at in florida. we're more than a year into this other case in long island where police discovered bodies among, along i should say a very desolate part of long island. now they're saying that they believe there's one person responsible for this. what brought this about, coming back up? >> ironically my favorite beach growing up as a high school long island, gilgo beach out there in the middle of the south shore off long island. what happened shannon gilbert just about a year ago, jenna, frantically knocking at a door, help me, help me, i'm being followed. she was a new jersey prostitute. she disappeared. they started searching that beach to look for shannon gilbert. they did not find her. but what they did find was 10 bodies. eight of them, women, one a transvestite and the 10th body, a toddler thought to be associated with one of

the women. what did the women have in common? all prostitutes as far as the authorities can tell. now because of the manner, not only of the fact that many of them, they're calling the perp in this case the craig's list ripper, like jack the ripper, the craig's list ripper. they believe it is one suspect. that he is targeting prostitutes who are the most vulnerable and easily targeted of all victims because they operate alone under circumstances that are very murky and shadowy. they often don't have family ties. no one he can chs up on them for a long time. now because of the way the bodies were disposed of, the way they were dismembered, where they were disposed of, they have come to the conclusion tentatively a year after the investigation began we're looking for one person. jenna: interesting it is coming back up in the winter. that happened at the same time last year. there was a big question whether the snow and weather was really affecting the investigation. we'll see what happens. we'll try to get that phone. is that your phone?

you're in trouble. >> my stockbroker. jenna: we have the final legal question about kris humphries and chris cardiovascular. we're getting reports that kris humphries is asking for legal annulment. how do you achieve that and what do you have to prove? >> first of all he followed by legal advice. this was a fraud. they didn't solicit the business. this was a fraud from the get-go i believe. what he is doing with annulment to seek to have the entire marriage declared null and void as if it never happened. what happens if he can prove fraud? what happens in terms of the mechanics of it, is that he now has the same ability to take that allegation of fraud and apply it to the prenuptial agreement that he signed with kim kardashian and her vast production empire and e entertainment television. he can if he can prove fraud, that he was enticed into this sham marriage as a prop, just fill his name in here, it could have been anybody.

they recruited this sucker. they took him down this primrose path. they walked him down the aisle. she never had any attention of bliss with this fellow. she used him. spent 10 minutes with him. finally rejecting him. he said i'm not going to give you a divorce and let you walk away with your fortune intact after you humiliated me, alleged that i'm gay. jenna: part of it an annulment the contract for the prenup would go out the door. does that me he can go after her assets if it is annulled? >> a prenup is just a contract. it is just a contract. a contract can be voided for fraud. jenna: wow. >> if he can prove fraud he can attack that prenup. that's why people are missing the big picture. not that he just wants to get rid of this woman or wants to divorce him, he will show her he will annul the wedding. the millions of dollars at stake here nobody truly knows. imagine in depositions. he has her under oath. his lawyer asks her, is it

not a fact that you had a preproduction meeting and you said wouldn't it be nice if we get a marriage here by springtime? we'll get great ratings and wouldn't that be terrific? who should we get? let's get a basketball player. get a white guy basketball player. jenna: like our preproduction meetings a little bit. the legal segment we asked for geraldo. we'll continue to follow the annulment. >> she will pay up as well she should i believe. jenna: geraldo is back with us next hour. we have a lot for you. jon. jon: for better or oars or for really big ratings. >> or money. jon: exactly. college students helped rip the lid off china's nuclear tunnels. these kids helped to discover they are designed to hide missiles and even nuclear warheads. so what kind of a threat does this pose to the u.s.? ambassador john bolton joins us with more. and a new twist in the keystone pipeline debate. why the white house is putting on the brakes while

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loud with their objections to the keystone xl pipeline which would run 1400 miles from canada down to the texas gulf coast. they staged a massive protest here in desee outside the white house called the president to stand with them. decision was due december 31st. the word came with the pipeline passed one environmental study by the state department would have be evaluated all over again. the state department now says, quote, after consultations with a broad range of stakeholders we determined it is necessary to specifically address alternative routes around the environmentally sensitive nebraska sand hills. we anticipate the vail could conclude early as the first quarter of 2013. republicans say they find that timing suspicious and they want the president to get this project moving. >> so here's the bottom line. the president has said time and time again that his top priority is jobs. yet here we've got the

single largest shovel-ready project in the country ready to go, ready to go and he is delaying its approval interestingly enough, until after the election next year. >> reporter: the white house says this is not a political decision. senate republicans are backing a bill that will force the project to be permitted within 60 days or for the president to offer an explanation as to why it won't be. the senate is controlled by democrats but sponsors of this bill they expect some democrats to sign on quote, very shortly. jenna? jenna: will be interesting to watch. shannon, thank you for that. jon: well the chinese brag about it as their underground great wall. we're talking about a vast network of tunnels scattered across china linked together, they run 3,000 miles, all designed apparently to hide the country's missile and nuclear arsenal. a group of georgetown university students painstakingly researching

those tunnels for the past three years using everything at their disposal including google earth, military journals and blogs. they even got their hand on documents restricted by the chinese military. how did they uncover all this. phillip. karber is the student as professor at the government department at georgetown. you have a little bit of experience in this arena having worked for the pentagon yourself, right? >> i have and it is fun to be with a new generation of kids and expose them to the challenge of trying to do real research. jon: what did they come up with here? this is some pretty astounding developments. >> it was interesting. they went through 1.4 million words of translation and over 200 hours of video. in fact the video you're going to be showing is, has never been shown in the united states before and it's all due to them pulling the stuff off the internet and off chinese tv. jon: right. >> when the middle of the

project, we're very uncertain exactly what we had. it seemed very significant but you're always cautious and questioning and then on december 11th, 2009, the chinese government announced publicly that they had 3,000 miles of these tunnels. all of a suddenen we were at the cutting enof a much bigger story we were on at the time we started. jon: there are critics of this operation, critic it is of your students and the information that you have come out with who have said, oh, you're just trying to scare people. you're trying to help launch some kind of a nuclear arms race against china. your answer? >> well, it's interesting. there is a lot of stuff broken in washington. one of the things i think is broken is advocacy research where you have special interest groups. they know the answer. then they do their research just to try to prove their point. we're a research university. we do basic research. we sent these kids out and they worked thousands of hours and we didn't

preselect anything. we had them go through a lot of material. i never edited one single thing out of what they brought back. what they brought back was this huge amount of material. some of it is junk and needs to be dismissed, but 85, 90% of it is truly revealing to the average american who has never seen it before. and for these people who have not, they haven't even seen the report. they haven't seen the data. for them to dismiss it and accuse these kids, it is china, it is china built 3,000 miles of tunnels and scaring the hell out of the rest of asia. all the kids did is report it. they're accused of endangering an arms race and think that is irresponsible. >> phillip is a georgetown professor and did fascinating work with the data. professor, thank you very much. >> sure. jon: for more on the international implications of this, we're joined by john bolton former u.s. ambassador to the united nations and a fox news contributor. the chinese we now know have

3,000 miles of underground tunnels that are capable of and apparently filled with nuclear weaponry. how much of a concern should that be? >> well, it should be a major concern. we've known for years that the chinese have specialized in trying to bury, conceal, camouflage their various weapons programs. and what these students have done is really a remarkable piece of work. i don't know whether it is right or not. i suspect they're onto something. as the professor said this reaction by so-called arms control specialists to try to reject it without even seeing it is really fairly reprehensible in my view. let's have a free marketplace of ideas here. these students went to open sources. they found this. they put their conclusions out there on the record. for those who disagree with it, let them refute it. jon: some say what could mean is this. that china has relatively few nuclear weapons and now

because of this tunnel system has the ability to move them around throughout wide swaths of the country without them being located or seen. and that it is simply is a cheap way to expand the power of their nuclear arsenal. what do you think? >> well, that's certainly one possibility. it is also possible that to avoid our surveillance techniques, that they have just decided to do a lot of this work underground so that it could well be that the chinese nuclear capability is much larger than we've been assuming. we know that large changes of the chinese military budget are hidden. their budget process is nothing like the united states when it comes to transparency. i think to the extent using these open sources, the students have given us new insight our professional intelligence agencies ought to be taking a look at this. i really believe in competition among intelligence analysis. i think it is stifling when you try and fit it all into one size fits all. so, they have opened a

debate here. i think we should welcome this. jon: we have the chinese just having built their first aircraft carrier or launched their first aircraft carrier. they're imagining a mission to the moon. they seem to be getting more and more belligerent in asia when it comes to things like taiwan and even the koreas. is this a coming clash, ambassador? >> well i don't know that it is inevitable but i think the would be very well-adivsed to prepare for it. the chinese have been developing anti-access area denial capabilities as their called to push our fleet back from the east asia coast. they have been incredibly assertive in territorial claims. they certainly indicated renewed interest in taiwan and there is no doubt that they have been expanding their ballistic missile and nuclear capabilities. what this study suggests is, maybe this expansion has been going on for some time. maybe the threat that we see today is greater than we

thought it had been. i will just say again, anybody who either excepts -- accepts or rejects this conclusion without further digging i think is digging their head in the sand. rather than walking past the grave regard -- graveyard without thinking about it put it to the test. the students have done something very come menable and put it out there. jon: all work done by georgetown students. john bolton, good to have you on. >> thank you. this new at&t 4g lte is fast.

did you hear sam... ...got promoted to director?

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jenna: welcome back, everyone. happening now, a hearing is underway on capitol hill investigating one of the largest financial bankruptcies in our history. the now-defunct firm, mf global once led by former governor of new jersey, jon corzine. hundreds of millions of dollars in customer funds are still unaccounted for. that is big question mark, whether or not the customers will get that cash back. fox business's rich edson live on capitol hill. what is the latest coming out of the hearing today? >> reporter: good morning,

jenna. a number of customers are farmers. their senators are asking what happened to that money. appearing are representatives of primary regulator of mf global. that is the commodities futures trading commission. its commissioner is also here, gary gensler. they are conducting a an investigation what happened with all the money and. gensler is not a part of that. gensler knows governor jon corzine working together at goldman sabs. because gensler is not taking part in this investigation, one senator thinks that he is avoiding questions on mf global. >> my concern is that, a week ago or so you said i will recuse myself. looks to me like you're trying to avoid the heat. you certainly didn't recuse yourself all of the other weeks and months and days while mf global was doing what it was doing. >> reporter: gensler says he is trying not to be a distraction while the cftc

investigates what happened to all this money, jenna. jenna: interesting. there is connection between gensler and former governor of new jersey, governor corzine. is governor corzine expected to speak today? >> reporter: well, he wasn't invited today. there are two committees. this one and a house panel that have invited the governor to testify a couple of weeks from now. both say that they are waiting to hear back from the former governor as to whether or not he will appear. it is only an invitation. that doesn't mean he has to show up. but both these committees do have subpoena power which would require him to show up. even if he is subpoenaed or does show up and i can take the fifth amendment and that mean he doesn't have to talk. jenna: certainly hasn't been talking about it at all. rich, thank you very much. jon: the most high-tech drug tunnel ever found in the u.s., even more frightening, what it is connected to. we'll take you inside that secret tunnel coming up.

jenna: we have developing stories we're keeping an eye on for you here. first to pakistan. hundreds protesting against nato airstrikes that killed at least 24 pakistani troops. the group lashing out burning american flags and chanting slogans against the united states and nato. you can check out the pictures on line. to d.c. president is observing world aids day. setting new goals for getting people access to life saving drugs and boosting spending treatment in the united states by $50 million. finally business news as well. chrysler, gm and nissan reporting big gains as far as when it comes to sales. consumers are buying new cars and trucks before the end of the year. trying to replace ones they held on to during the economic slump. jon: take you to capitol hill now. just about a year ago you remember what congress said? we don't want them.

talking about earmarks. there was a moratorium declared. those unrelated items that lawmakers attach to a larger bill to get their pet projects approved in their states, their home districts they were going to go away. well they can cost taxpayers tons of money of the guess what. they're back. jim angle live in washington. so earmarks are on the rise again. i guess some lawmakers are calling out their colleagues because of it? >> reporter: that's right. there is a bipartisan effort led by republican senator pat toomey and democratic senator claire mccaskill to park legislation to tighten restrictions on earmarks. both of them told fox today, this practice has to stop. listen. >> i was government auditor. i said this is wrong. i am not going to play this game where you go in the back room and sprinkle fairy dust and you all of sudden get all the money for your districts. >> when you're running $1.3 trillion deficits and you have a $15 trillion debt it

is time to develop a culture to see how much can we save. i'm delighted to work with senator mccaskill on this. >> reporter: the senator says one of the most memorable moments to pull out a earmark inserted by nancy pelosi. inserted in the bill in the middle of the night. that she said was an awkward moment. jon: yeah. a little bit awkward i'm sure. they find a way to spend that money, don't they? >> reporter: they do. you know the thing is, earmarks have tripled over 15 years to about $32 billion a year. they play an even bigger role than that though because earmarks are used to get lawmakers to vote for bigger spending bills than they might otherwise be inclined to support, listen. >> earmarks have historically served as grease on the skids of big bloated spending bills. it is a way to buy votes for spending that we can't afford. you know you got to start somewhere. >> reporter: senators mccaskill and toomey want a

new enforcement mechanism that would allow any senator to raise a point of order against any spending they see as earmark. the lawmaker proposing would have to publicly justify it. it would take 67 votes to keep it in the bill. that would make earmarks very, very difficult, if not impossible. back to you guys. jon: easier than getting a line-item veto out of the white house. >> reporter: quite possibly. jon: jim angle. thank you. >> reporter: you bet. jenna: we're less than five weeks until the first contest in the presidential race. newt gingrich has been surging in the polls. we talked a lot about that. we're seeing a battle between him and mitt romney and a few others. it is getting a little feisty out there. we're live with that story and more. egypt -- egypts first election since ouster of angelo mozilo. -- hosni mubarak. we're live from cairo next. [ male announcer ] medicare...

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folbaum, we're watching the weather on the fist day of december. let's take a look at these pictures. this is dundee, michigan, and look at this town and this whole freeway here, this bridge. just completely underwater. both sides of this traffic being diverted. now let's jump out west to dena, california. you may have heard janice dean report, the high winds there, 80 mile-per-hour gusts in southern california. pasadena, california, at this gas station which was leveled when large parts of this tree just fell right on top of this thing. take a look at that. and then it is beginning to look a lot like christmas in jon's hometown of denver, colorado. a rough start to the new month for people all over the country as the second hour of "happening now" starts right now. jenna: you just got really

excited seeing that snow in denver. jon: the skier in me is pretty happy. jenna: there's certainly going to be a lot of snow on the ground in the next couple weeks, and that's going to be interesting to see how that plays out politically. the republican race, according to some, is coming into sharper focus. some might disagree with that. we're glad you're with us, everybody, i'm jenna lee. jon: i'm jon scott. less than five weeks to go until the iowa caucuses as the candidates get ready for that crucial contest. jenna: you know, two republicans are leading the polls and getting the most attention at least for this week, right? mitt romney and newt gingrich honing their campaign strategies as they ramp up for iowa, and they've got each other on their radar. chief political correspondent carl cameron is live in washington. the strategy for these two, break it down for us. >> reporter: gingrich leads just about everywhere except new hampshire, so gingrich is picking an effort to -- making

an effort to contrast himself against the ex-massachusetts governor. last night on hannity gingrich didn't pull any punches. >> i'm clearly the more conservative candidate by any standard. i helped ronald reagan and jack kemp develop supply-side economics, i helped lead the effort to defeat communism in the congress, i helped the speaker of the house balanced the federal budget for four straight years, reform welfare as an entitlement, the first tax cuts in 16 years. take whatever your list of conservativism is, there are places in my career where i've done that stuff, and i've been consistent about it. >> reporter: take that, mitt romney. mitt romney launched his first ad in iowa today in part as a response. it's a clear sign that he's feeling the pressure from gingrich. look for romney to go after gingrich himself on the stump in the days ahead. aides say first romney will subtly tout his 42-year marriage to wife ann.

gingrich has been married three times. then aides say romney will start personally hitting the ex-speaker as ethically challenged, a flip-flopper and d.c. insider which may have the ancillary benefit for romney of sort of protecting him from some of his own vulnerabilities, many of which match up the things mr. gingrich is criticized for. jenna: some similarities there. let's talk about the ground game. always good to talk to you about this, carl. newt gingrich said his surge in the polls, he was expecting it, but it came a little sooner than he thought. talk to us about that. his expectation and also whether or not he's now prepared to defend is the surge and hold the top spot. >> reporter: right. great question, jenna, and that is being dissected by political reporters very closely right now, and the truth is gingrich is behind. he missed a key filing deadline in new hampshire recently in which he was supposed to list the slate of 20 delegates to the national convention that he'd send to florida if he won the new hampshire primary. he missed the deadline. he didn't fill it out with a

complete slate. that's just not all that good. he's relied heavily on tv and social media, he's the last candidate to open a headquarters in iowa, and the furniture's being delivered as we speak. he's got four paid staffers in iowa, a fifth is going to start tomorrow, but it's a small operation. team gingrich knows he's got to convert his standing room-only crowds and convert them into boot on the ground. many of the states have very, very elaborate processes that have to be fulfilled, sometimes signatures and petitions, things of that nature. gingrich doesn't have a lot of the ground troops to do that beyond the first couple of early states where he's slowly beginning to pull that together. jenna: have you seen that before, where candidates don't have the infrastructure set up and quickly have to do it? >> reporter: it's really, really hard, jenna. in iowa where you've got three million people and only 120,000 of them are going to participate in the republican caucuses, you've got to find a lot of

needles in hay stacks to spread over 1600 precincts, and he's got 34 days to do it. and you get those people out in the middle of winter. jenna: and there's some bowl games. >> reporter: yes, there are. jenna: carl, interesting perspective, as always. thank you. jon: well, for more on this let's talk with bob cusack, managing editor of "the hill." sometime, you know, a lot of people say lifetime politician's not a good thing in washington, bob, but longevity does have advantages. people like newt gingrich who may have some baggage, that baggage is known to folks. is that part of the newt gingrich surge here? a lot of people wrote him off early, but now they're turning to him as a candidate. >> that's right. newt gingrich is peaking at the right time. this is right when john mccain started to peak, around thanksgiving. so we're in the stretch run here, and mitt romney has run a pretty campaign but appeared rattle inside that interview with fox news' bret baier this

week, and a lot of people are starting to think that newt gingrich can actually pull this thing off. newt gingrich has been in washington for decades, and a lot of his former colleagues in congress don't like him, and they have not endorsed him. mitt romney has most of the endorsements from if congress, and newt gingrich, that kind of helps him a little bit because he can run a little bit as an outsider. but i think the next two weeks could be very, very telling. jon: well, they're candidates, and, of course, the other candidates respect wasting opportunities to take shots at any one of them when they can. here's an ad that ron paul put together to point out something in newt gingrich's background. take a look. >> beyond the words is a real question of policy. ♪ and a real question of values. and a real question of seriousness. the real question of policy. >> we don't always see eye to eye, do we, newt? >> no, but we do agree our country must take action to

address climate change. >> newt gingrich has been on both sides of a long list of issues, sometimes in the same week. jon: i suppose if you're trying to appeal the conservatives, showing newt quick rich on the -- gingrich on the couch next to nancy pelosi is strong ammunition. >> that's right. newt gingrich has some vulnerabilities, no doubt about it. ron paul, that's the good news for romney is that these other candidates are going to go after newt gingrich repeatedly. so whether gingrich can stand up to that type of scrutiny and those type of attacks, i mean, in politics the most lethal weapon to use, politicians' own wrdz. and we've seen democrats go after mitt romney on that and now republicans going after newt gingrich on whether it's climate change or immigration, they're going to point to some things they say is hypocritical. jon: one of our chatters was online this morning saying she doesn't like to see republicans attacking each other. she wants to see them discussing

issues, not taking digs at one another. but at the same time, that is what they seem to be doing right now. here's a look at a jon huntsman ad that involves that bret baier interview with mitt romney that you just mentioned. take a look at this. >> different issues; climate change -- i believe based on what i read that the world -- [inaudible] and number two, i believe that humans contribute to that. we don't know what's causing climate change on this planet. jon: obviously, yeah, that's one republican candidate taking on another, but it is, i guess, about issues. i mean, it talks about, it tries to point out that mitt romney in the view of governor huntsman has changed his point of view. >> that's right. and that's the thing that, i mean, democrats are going after mitt romney, and romney says, well, that's proof the democrats are most fearful of him winning

the nomination. mitt romney's going after gingrich, so he's fearful gingrich is a real threat. so i think that's going to be something that, you know, it's december now. the gloves have come off. interestingly enough, newt gingrich was the one earlier this year who didn't attack other republicans, and he chastised republicans for going after one another. now that's changed. newt gingrich is going after mitt romney, and negative campaigning works, and you're going to see a lot of it in december. jon: real quickly, is there a crucible process that helps these candidates at work? >> well, i think it's going to be turnout, and also as far as turning out the base. as far as mitt romney, doesn't have a lot of enthuse chrisic -- enthusiastic supporters. mitt romney needs to get his supporters stacked up because he has the organization and the money. does he have the enthusiasm to win this nomination among his supporters? remains to be seen.

jon: that is going to be clutch. bob cusack from "the hill." thanks. >> thanks, jon. jenna: congress is scrambling amid reports of insider trading by some of it members, allegations at least. a hearing on the matter of transparency among lawmakers. james rosen joins us live from washington with more on that. hi, james. >> reporter: good afternoon. as lawmakers come under sudden and sharp scrutiny for their stock deals and land purchases, transactions which might not have violated congressional rules or federal laws but which might carry the appearance of impropriety, fox news was the first to obtain a new warning issued by the house ethics committee just this week to all house lawmakers and their employees. it reads, and i quote:

>> reporter: hard to believe anyone in congress required that, but in any case, a report by the cbs news program "60 minutes" aired earlier this month drew attention to stock purchases by, among ohs, both leaders in the house of representatives including alleged health care stocks acquired by republican house speaker john boehner and alleged ipo transactions by democratic minority leader nancy pelosi involving visa at a time when she had legislation sneaking through the house. both were asked about these in separate news conferences held on the same day a few weeks ago. >> i have not made any decisions on day-to-day trading activities in my account and haven't for years. i do not do it, haven't done it and wouldn't do it. >> now, if you decide that you're going to have, elaborate

on a false premise. it's not true, and that's that. yeah. >> [inaudible] >> yes. that i would act upon an investment. >> reporter: day, a measure aimed at curbing potential insider trading by lawmakers, or stock act, you have to wonder which low-level congressional staffer is tasked with devising these acronyms, will be explored in a meeting, we will be watching. jenna: you'd be that type of congressional aide. you would, come on. >> reporter: but for my lust for power and wish to run the whole office, yes. jenna: of course. [laughter] it's an interesting story and one we'll continue to watch. the stock act? >> reporter: the stock act, yes. jenna: okay, we'll watch it. james, thank you. >> reporter: thank you. jon: somebody got paid a lot of money to think of that. we'll tell you what gary

giordano is saying now that he's back on american soil as robyn gardner's disappearance remains unsolved. plus, some major steps to save the euro zone yesterday sent the dow soaring, but can those numbers last? they're down just a little bit today. could be headed back to earth. and rick is over at the web wall for us. >> reporter: everybody knows that professional athletes, football players, for example, injured during their playing days have to live with the aftermath of those injuries for years. well, now an ex-nfl player is using an old injury as part of a defense in a criminal case. we want you to go to the "happening now" home page at foxnews.com, scroll down here. do you think the lasting effects of sports-related brain injuries are a legitimate legal defense in court? we'll have the story and your poll results coming up when "happening now" returns right after this. don't go away. [ sniffs ] i have a cold. [ sniffs ] i took dayquil

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jon: right now, new information on crime stories we're keeping an eye on. jodi ann stewart of minnesota admits she stole $2500 meant for her son's medical bills and spent it on drugs and gambling. stewart pled guilty in court. her girlfriend is accused of setting her 19-year-old son on fire last summer. gary giordano denies any involvement in the disappearance of robyn gardner in aruba, the businessman insisting much of what has been reported is wrong. jordan know was released yesterday after spending four months in an aruban jail. the family of baby lisa wants a group holding nightly prayer vigil toss go elsewhere. lisa's grandmother says they appreciate the support but would like the vigils to be held somewhere else. the baby has been missing nearly two months. jenna: well, the world's major central banks taking dramatic action, making it more easy -- not easing the flow of money,

making it more easy for the central bank in europe to obtain dollars and then give those dollars out to their banks inside their euro zone. if you take a look at the dow today, yesterday's a distant memory. the dow soared more than 500 points yesterday, now we're back to down 41. we're going to try to make sense of this with steve moore, senior economics writer for "the wall street journal." how do you make sense of what we saw over the last 24 hours? >> you did a pretty good job of explaining what the fed did. it's very complicated, and the way i'll put it, jenna, for your audience is, essentially, it's like a sugar fix. you know, the fed lowered the rates that european banks can borrow money from u.s. banks for, and the markets went wild. but the problem as you know, jenna, with a sugar fix is you come down from that sugar fix. jenna: it's the worst. [laughter] >> that's what we're seeing right now with the market down a little bit today. i don't think these kinds of actions by the fed have a long lasting effect. we see with the rate cuts that

have happened over the last couple years you get the immediate injection of steroids, and then it comes down. i wonder whether this is the right thing to do because in my opinion, jenna, the real problems in europe are not monetary. they are the problems with these huge, obese welfare states that they simply can't afford any longer. jenna: getting back to the point that you made, some have said in reading analyst notes about this policy coming from the fed is that we're treating the symptom and not the disease. the disease being the debt and the bloated economy. >> right. jenna: why do you think we're not there yet, steve? why do you think that we're not ready to attack the source of the issue rather than the symptoms yet? >> yeah. by the way, when you were talking about the symptoms versus the disease, that's what europe is doing, and that's, unfortunately, jenna, what we've been doing in the united states with all these short-term fixes in structural problems with our debt here in the united states. and i think the idea you can print money and somehow that's

going to make up for the structural problems in the economy, that's not going to work very well. you know, look, to answer your question, you saw what happened last week, jenna, when the supercommittee blew up. nobody can seem to get their arms around these fiscal problems that are like cancer cells in the body politic right now. jenna: you know, steve, it seems to be becoming the new normal. we've talked about this before. we have market volatility, inaction coming from policymakers on either side of the aisle, 400,000 people every week filing for unemployment, that's the new normal. so i wonder who benefits from the politics -- >> nobody does. jenna: well, someone's going to in november next year. >> which party does? obviously, if economy is still in this new normal, and let's hope it's not because i would add that we've got 9% unemployment now for almost 30 straight months, and that's the worst new normal of all, you've got 14 million people without jobs. look, if this is the state of the economy a year from now,

then republicans are going to win the election because it will be a referendum on the obama policies. but, you know, we don't -- here's my point, jenna, we don't have a year to wait to get these things solve. a pox on both these parties. they're both playing politics when we've got major problems, 14 million unemployed people. and this idea, jenna, that somehow you can print money and solve the problems, i mean, the way i like to put it is the fed can print money, but it can't print jobs, and that's what we need in this economy. by the way, that's what europe needs as well. jenna: well put, steve, and my question is about being lulled into apathy and inaction. i wonder where we are in that. that's a top topic for another day for all of us. nice to see you. >> we'll get jobs back, i promise. jenna: we'll have a big jobs day tomorrow. >> i'll bet you it's going to be a good number. see you soon. jon: let's hope. hey, the border patrol spots another one, a dangerous trend in drug smuggling from mexico.

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jon: right now detectives in fresno county are looking for clues in the horrifying invasion of an elderly woman's home. they are hoping a 911 call will help fuel the investigation. rick has more for us, rick? >> reporter: authorities are releasing just a portion of these 911 calls hoping that they'll generate some leads in finding out who shot 91-year-old marcella miller in the face on the morning of thanksgiving. we're happy to say, she's been upgraded to serious condition. she and her 63-year-old daughter who lives with her were home asleep when someone broke into the house. the daughter called 911 right after her mom was shot. here's some of that call.

>> reporter: detectives say that they had questioned neighbors, and they're following up on several leads. but they don't have a whole lot to go with right now. so if you have any information on this case, please, call crimestoppers. the number on the screen right there, 559-498-7867 and help police crack this case. back to you, jon. jon: unbelievable. shooting an old lady. oh, rick, thanks. jenna: new information on the discovery of an elaborate tunnel used for smuggling drugs from mexico into the united states. that tunnel more than a quarter mile long features an elevator, electric rail cars and links a warehouse in tijuana to one in san diego. eric bender is a special agent

in charge for i.c.e. in sand clay go. first of all, thanks for your service, and we appreciate it. >> good morning. thank you. jenna: this tunnel's been described as one of the most elaborate ever discovered. why is that, that makes it so different than others? >> yeah. for the reasons that you just described. thisdefinitely the most elaborae and sophisticated tunnel that we have seen here in the san diego, california, border with mexico. and it's primarily the rail system, the electricity, the elevator and just the length that the cartel went through in this particular instance to make a very efficient mechanism to smuggle their drugs into the united states. jenna: we're seeing some incredible video of the tunnel now. how long would it take to build something like this? >> it really depends on, um, the scope and the sophistication of the tunnel.

um, as you can imagine with any construction projects, there are logistical delays, resource issues, um, and also working in an underground environment and trying to avoid detection from law enforcement, it can take quite some time. jenna: so are we talking years here, or are we talking months? how long do you think they were working to create this? >> we're estimating that between six months and a year for a highly-sophisticated tunnel. jenna: and just in tunnels in general, i read that the associated press did a report and said that more 70 tunnels have been discovered by authorities since october of 2008. does this appear to be the, i guess, the top strategy of drug cartels at this time to use tunnels to bring drugs into the united states? >> yeah. i think there's several reasons for this. number one, certainly, hardening of the border, additional law enforcement resources, um, attritional border ports of entry and between the ports of

entry. clearly, it forces the cartels to make senate -- significant investments in other routes and methods, and tunnels is certainly one of them. jenna: is that because of the fence, by the way? often when we talk about a border fence, it's political, and i'm not going there today, derek, but i'm just curious if fence has really forced the tunnel action and that's something that's been a new development? >> well, i think, i think all sectors in general in the hardening of the border increase resources, um, has made a big difference, and, um, for us it's -- we've seen an increase in tunnels, and we've been able to actually, um, to be very successful in our tunnel investigations thanks to the work of the tunnel task force here in san diego. exclusively dedicated to these investigations and an incredibly hard working effort of agents

who with detect these tunnels and shut them down. jenna: before i did some research on the segment, i didn't even know there was a tunnel task force. it sounds like you're pretty busy, and we'll leave it on that note. you mentioned accolades to the team getting getting this tunnel discovered. this is a story our viewers think is very important and we'll continue to watch. >> thank you. jon: i was in one of the first tunnels they found back in the early '90s. that one was pretty basic. jenna: somebody said they have air vents and, you know, not that it's comfortable underground -- jon: the rail line, that's amazing. too bad they couldn't put those construction skills to better use. jenna: good point. jon: there's a new unemployment report out today, what the numbers show about the future of job growth across this country. plus, a former nfl player charged with beating his wife and holding her hostage. wait until you hear his defense. he says, don't blame me, blame football. that's next. are you receiving a payout from a legal settlement

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and is also proven to slow plaque buildup. [ female announcer ] crestor is not right for everyone. like people with liver disease... or women who are nursing, pregnant, or may become pregnant. simple blood tests will check for liver problems. tell your doctor about other medicines you're taking. or if you have muscle pain or weakness. that could be a sign of a rare but serious side effect. is your cholesterol where your doctor wants? ask your doctor if crestor is right for you. [ female announcer ] if you can't afford your medication, astra zeneca may be able to help. jon: the injuries he got on the job made him hit his wife. that's the claim of one retired nfl player accused of assault. now a judge is set to decide if doctors will be able to evaluate corwin brown's mental status. rick folbaum has more on this potentially groundbreaking case. >> former nfl and college football star corwin brown stands i a accused holding his wife melissa hostage

inside their indiana home for seven hours before eventually shooting himself in the stomach and surrending to police. brown is okay and his wife survived. his defense is getting a lot of attention. he claimed brain injuries while sustained playing football are blamed for his behavior now. call it the football defense. the brown family believes he suffers from brain trauma, the same injury that apparently led two former nfl players to eventually commit suicide. according to his attorney corwin brown has been receiving for a brain injury. the judge set a hearing date of january 11th, jon, when the defense team will have to provide prosecutors with a list of doctors they would like to evaluate corwin brown. back to you. jon: they're looking for doctors outside the area, isn't that right? >> that's right. they're looking for doctors who would being impartial and come in and do a fair evaluation of corwin brown's mental state. jon: rick, thank you. that kind of excuse might

seem a little crazy and that is no pun intended but apparently people have used the same defense in the past from football injuries to motorcycle accidents or even ptsd, post-tramatic stress disorder. brain injuries can play a major role in all kinds of criminal cases. will any of that help brown's defense? with us criminal defense attorney duane indicates along with former prosecutor, tad nelson. there is something called tce, that comes from repeated blows to the head. duane, can it make you into a violent person? that is really the question to be decided here, right? >> it is the question. i'll tell you what, his symptoms, what they described happened that day fits the symptoms of cte exactly. it is anger. it is aggression. it is violence and it is suicide. those are, those are the side-effects of cte. and he exhibited all those things on the day that this happened. and i don't think that the

judge has any, any wiggle room at all. the judge has got to allow him to be examined. there is only a few special neurologist abouts around the country dealing with this and he needs to go to one of those specialists to be evaluated. jon: tad, if you were the prosecutor arguing this case and whether this testimony should be let in, what would you argue? >> well, let's put, let's be clear. a prosecutor's job is to see that justice is done. where a defense attorney's job is to zealously advocate for his client. in this case we've got two issues the first issue is are we even going to examine what these doctors have to say? are we going to listen to them? are we going to let them evaluate mr. brown. clearly as prosecutor if my job to see justice is done i don't really have a huge problem with an evaluation. that doesn't mean i'm signing off on the defense yet but it means i'm willing to listen. i want to hear what they have to say. hey, it still seems a little farfetched. they talk about him being depressed, being gloomy.

that doesn't justify what this man did. we're all depressed. there are tons of nfl players never had concussion and they're depressed because they're no longer in the nfl. i'm willing to listen. i don't want to rush to judge yet. i'm suspect but i'm still willing to listen. jon: here's the thing. as i understand it this would be a groundbreaking criminal case. nobody else ever said, that my injuries as a result of playing football in the nfl caused me to do a criminal act. but here's what i wonder. well, if the jury, if the judge lets this in, if the jury agrees with him, doesn't it still mean he has the propensity for violence? >> well, it would unless he is, unless he is being treated. there are three different way that is a diagnosis of cte could help him. number one, it could completely rim nate -- eliminate the criminal conduct. number two, he could be found to have a mental defect, guilty with a mental defect or could be used in

mitigation in his sentencing. so it is not just to completely exonerate him of the crime. from what i understand he is currently being treated right now and he is doing a lot better with his treatment. jon: so, tad, do you see it that way? that it would be more about perhaps mitigating punishment? >> oh, definitely. i think that's the main place that would come in is in mitigation. assuming a doctor can tie it up. we're not just going to let a guy come into court to say, hey, i played in the nfl i got a bunch of concussions we need to accept that as why i did these things i did. no, that is not going to happen. we have to have a doctor come in here and literally tie it up. make it make sense hey, it did have some kind of connection. overall i totally agree. the only place that will -- it will not get him off the crime but it would mitigate what he did. jon: imagine, imagine, tad, trying to pick a jury that doesn't like the patriots or the jets or the lions or notre dame for that matter,

teams which he played or michigan. he played his college ball at michigan. >> michigan. right. jon: it is an interesting case. we will keep an eye on it. we appreciate it. >> thank you. jenna: the reverend billy graham is in stable condition after spending the night in the hospital. what doctors are saying about his ailment and the prognosis, next.

>> hey, everyone, i'm megyn kelly. coming ups, big, big, show. a huge new poll just out from rasmussen reports that may completely change this gop presidential race. rasmussen is here. we'll break that poll for you in 15 minutes right here. plus, michelle parker, this missing mom who went on "the people's court", now we are learning more details about her ex-fiance and what he did to his former wife. it may have a direct bearing on this case and michelle parker's parents and her mother, her sister and her

brother are all here. all that plus the two ricks, senator rick santorum and governor rick perry, both here. we'll see you at top of the hour. 16 minutes away. jon: right now there is new information on some stories we're watching from across the u.s. and around the world all from inside our control room. the death toll from syria's crack down on its own anti-government protesters, higher than 4,000 according to the u.n. human rights officials now saying president bashar assad should be prosecuted for crimes against humanity. evangelist billy graham is in a north carolina hospital waiting to hear whether he has pneumonia. he was admitted with a cough and a slight fever. a spokesman says reverend graham is stable and is in good spirits. the santa ana wind causing huge damage and widespread power outages in southern california. some areas seeing hurricane force wind gusts up to 97 miles per hour. the windstorm is expected to

last through friday. jenna: a lot of work there out in california. meantime we have a business alert for you now. new claims for jobless benefits, americans filing for first time unemployment is up when we look at the latest week. above 400,000 which is a key mark. connell mcshane from the fox business network to tell us more about this what do you make of this number? >> reporter: it means we're still stagnant in the job market. manufacturing has been all right. housing getting a little bit better yesterday but jobs are still an issue. you mentioned 400,000. for wall street that is more psychological than anything else. it is a round number and to be above it is not a good thing. we made this argument on our fox business show, make a glass half full argument for economic data getting better. they did something about europe yesterday. china took some action. you say, all right, maybe we're turning the corner but jobs not so much. on other side, indicators i already mentioned. what they have done about europe and what china is saying. if they need to take action

in europe and need to take action in china, are things worse in those places than they really are? for jobs getting better slowly but surely. we just can't turn that corner. >> speaking of jobs they have a separate report that comes out once a month, first friday of month, the jobs report from the government different than this weekly report. what are the expectations for that? much more. >> reporter: much more important than the weekly report as well. estimate from economists 120,000, maybe a little bit more than that it sounds okay but we need more. we need more consistent growth than that. unemployment rate is expected to say right where it is now, around 9%. we need more jobs added per month unless it is huge surprise to bring the unemployment rate down significantly. same conversation we're having forever. jenna: are you getting any sense from guests you're talking to it will get significantly better over the next six months? are they expecting any sort of change in the jobs data? >> a lot of it to be honest

the economy in general will depend on what europe does to pick up the ball. they bought a little bit of time. central banks took action. our market went crazy. up 500 points on that. if europeans get their act together maybe we concentrate on economy. as bad as some people tell you it is here the indicators are telling us it is getting better. manufacturing and housing starting to get better. if we get external factors like europe in line maybe the confidence improves and we start to add jobs but for the time being most people think a little while here we'll not get much worse but we will crews along until europe comes around. jenna: connell, thank you very much. jon? jon: he is charged with hurtering a young woman in peru and considered the prime suspect in the disappearance of natalie holloway in aruba. now joran van der sloot is filing a multimillion-dollar lawsuit from jail. wait until you hear he is suing and why. you know geraldo will have a

lot to say about this one. he joins us after a quick break. for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america for the last 71 years.

jon: well get this. new information from joran van der sloot. he is suing the nations of peru and chile claiming his basic human rights were violated. van der sloot is the main suspect in the disappearance of natalie holloway, the american student in aruba back in 2005. he is now sitting in a prison in peru charged with murdering stephanie flores, a young woman he met at a casino in lima last year. van der sloot also names flora's father in a $10

million lawsuit. geraldo rivera, anchor of "geraldo at large". joins us with reaction. her father is public figure and wealthy man. >> the victim in peru, yes. jon: he has had some, you know, trouble come his way but i can't think of anything more repulsive than civilly sued by the guy who is accused of choking your daughter to death. >> what van der sloot and he is loathsome character and has amazing huts spa to do this but his basic point just because he is accused after bloody murder and confessed to it, doesn't mean he is devoid of all rights. remember when, after killing stephanie flores in lima, he confessed to the murder, remember, folks, he fled to chile. chile in the very summary fashion expelled him back to peru. so now his lawsuit against chile is that, wait a second, there was no international arrest warrant. you didn't allow me counsel. i had no appeal from the

expulsion order. you violated my international human rights. so he is suing. he believes that flores's father, who as you mentioned well-connected --. >> government connections. >> government connections a multimillionaire. he believes flores, the dad who is pulling the strings here and making this happen. you know the ironic thing is he may have a beef. now that doesn't in any way exculpate him from the murder rap he is facing in peru but you can be charged with murder and still have your rights violated and possibly still get some monetary damages. i don't know the civil statutes specifically in either peru or chile as to whether or not he could keep the money but he certainly can lodge the lawsuit. remember, he faces extradition to the united states because of the natalie holloway case. he is charged with fraud and extortion here, trying to get a quarter of a million dollars from natalie holloway's momming beth, for information about her, the

missing child. jon: apparently he did collect something like $25,000 of that money. >> right. jon: which he then used to go to peru. >> he used it to flee aruba to get to peru, to enter the poker tournament where he met stephanie flores. after romancing her, this wealthy woman, taking her back to his hotel, where he has confessed to strangling her when she looked into his computer and found evidence that indeed this was the joran van der sloot, the prime suspect in the disappearance of the american teenager, natalie holloway. jon: he has a couple of attorneys who took this case on and looked into the legal possibilities and they seem to think they have a case. i was frankly astounded that he would even, as you say, have the chutzpah to bring it. >> it is apples and oranges he says. i could be a murderer but i have got rights. he has got an argument sufficient enough to have someone draw up papers that don't make you laugh out

loud immediately. jon: one of his points is that apparently he fled into chile on may 31st and one, there was a typo in one of the documents. >> said may 13th. jon: two numbers. >> that might work in a civil lawsuit having to do with whether or not you've got an option shun on a building to buy or something, commercial transaction of that nature. i don't think that is his strongest argument. his strongest arguments are, revolve around his rightses as, his human rights to be represented by counsel. to have search warrants before you go through his computer and his belongs. if you're going to extradite him, he does have the right to be represented in court to defend himself. but remember, you know, ironically, here you have this connection with natalie holloway and aruba. gary giordano, the american businessman, now, thought to be the prime suspect in the disappearance of robyn gardner, another american in

aruba is back now. they couldn't hold him. in 15 minutes i'm meeting gary giordano. hopefully be able to interview him and bring the tape back here. jon: we're looking forward to that interview. as for human rights ask stephanie flores and natalie holloway. >> exactly. jon: catch more of geraldo this weekend. tune into fox news 10:00 p.m. eastern time this sunday. will be a fascinating show. >> thanks. jenna: she vanished two weeks ago after appearing on a episode of "the people's court". michelle parker is 33 years old. she has two children. her former fiance is the prime suspect. we're looking past details about his past. we have parker's family to find out what they think happened to michelle in a few moments. ♪ ♪

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jon: you almost caught me having my christmas snack in the break. [laughter] jenna: he's always happy when he has a little snack during the snow. jon: it's