rock, seal, wall flowers, alanis morissette. we got to go. have a great wooden, it's "the five." >> a fox news alert. congress working down to the wire to keep the government up and running. i'm heather childers. >> gregg: welcome to a brand-new hour inside america's news hours. u.s. senate voting to approve that one trillion dollar spending bill while extending the payroll tax cut but just for a couple of months. the measure could have made a major hit for millions of american workers but it also sets the stage for a brand-new battle once the measure runs out. chief congressional correspondent mike e manual. the key selling pointed for

republicans was the inclusion of the key stone pipeline provision. what are they saying about that? >> reporter: a lot of republicans payroll tax holiday they didn't think it stimulated the economy over the past year. they seemed kind of indifferent about it but the idea of the pipeline, a privately financed project they believe will create tens of thousands of jobs. they like that. here is the senate republican leader. >> 60 days for the president to make a decision, one way or the other. and since most of us has not good reason from the white house why they would block it i'm very hopeful that the president in the course of the 60 days will do the right thing and get this crucial project underway. >> reporter: so the senate passed it today. house still has to act. we understand on a conference call with gop members, speaker john boehner sold the key stone

pipeline as a victory and said they would fight another day but some of the house members we understand are not particularly thrilled about the idea after two-month extension, gregg. >> gregg: what about that, mike? lawmakers are going to be back battling this thing when the politics arguably or even worse, no more holiday cheer. everybody has a new year's hang over and they have to deal with the same battle all over again. >> reporter: you are absolutely correct. we'll be in the middle of presidential primary season. i talked to a critic on that front. joe massey, take a listen to him. >> does it make any sense to you this is an extension for two months. we could have fixed it. we could have stayed here, but now we had to get out of town. now, we have a month vacation so we're going to be out of here for a month of the two months. i can't go home and explain that makes any sense at all.

>> reporter: and one of those that are not thrilled about the short term extension, he is concerned about the idea of taking money that is supposed to be going to the social security trust fund and refunding it to the american people thinking that is dangerous habit to start. >> gregg: mike emanuel, live at the capitol, thanks very much. >> heather: president obama using his weekly address to welcome home our troops from iraq saying that our brave service members can help rebuild the nation's economy. while republicans say the technical expertise could be put to use in good paying jobs. molly henneberg has more on the details. >> molly: president obama saying it's an historic week for our country and for the military. the last of the troops in iraq begin to pack up and head home after nearly nine-year war. today the president spoke about what happened next for the men

and women in uniform. >> remain in the military and go on the next mission and others will become veterans. but their commitment doesn't end. i'm confident that their service to america is just beginning. after years of rebuilding iraq it's time to enlist our veterans in the work of rebuilding america. >> troops are stopping over in kuwait before they fly back to the u.s. president says these men and women have the skills, discipline and leadership to help rebuild the u.s. economy. republicans say they have good first step in mind to go ahead with the key stone pipeline which they say will create tens of thousands of jobs and help transport 700,000 barrels of oil a day to refineries here in the u.s. >> canada has made it clear, if we don't build this pipeline, the united states will lose these jobs and canada will sell the oil to china.

we will be forced to get more of our energy from the middle east. if the president successfully blocks these new jobs it will add to the long list of bad economic decisions for our country. >> molly: the obama administration has put off a final decision on the key stone excel pipeline until after next year's election some part so more environmental studies are done. >> heather: thank you. >> gregg: the united states is forging new ties overseas. pentagon chief leon panetta arriving in libya engaging in historic talks there. national security correspondent jennifer griffin traveling with the secretary in libya. >> reporter: this is first trip that u.s. secretary of defense ever made to libya. it comes days after armed militia tried to assassinate the

head of libya's army. they consolidated the competing militias is top. here where u.s. sailors were buried in 1804 he laid a wreath. he was on board intrepid to put an end to the pirate raids affecting ships in. the bodies floated to shore and was dragged through the streets of trip to 207 years ago. the seller terry mass been maintained since then but a move by family members to get the remains has gained steam in congress. new defense authorization bill has a provision in it that would require the defense secretary to study the possibility of returning these remains home. for now, 13 u.s. sailors remain

interred here in tripoli. fox. >> gregg: jennifer griffin reporting from libya. >> heather: new violence unfolding in egypt. hundreds of rock throwing anti-military protestors clashing with soldiers in central cairo. nine people killed. more than 300 injured. the violence the latest violence sought by activists demanding an immediate end to the military rule. >> gregg: on the campaign trail now with just over a couple weeks to the big iowa caucuses, some of the top tier candidates like mitt romney and gingrich are not in iowa this weekend while most of the rest of the field is on a campaign blitz across the state. so will this strategy help or hurt them come january 3rd? jamie weinstein the senior editor of the daily caller.

gingrich, he is at the top of the polls. she really stepped off the accelerator in iowa while many of the rivalries have pedal to the metal. is that a foolish move or perhaps some sense to it? >> if i learned one thing over this campaign, it's not to try to get inside the mind of newt gingrich. he has done things that most strategists would say was not a good idea but he is at the top of the polls. traditionally he would be here campaigning hard. i've lost every time i've tried to understand what he has doing, he turned out to be right. >> gregg: he is getting pounded, jamie, with all these negative ads. ron paul accusing him of serial hypocrisy.

bachmann accusing him of sexism during the debate. >> i thought it was outrageous and insulting the way he seemed to treat me like i was a student and i'm not. a serious candidate for president of the united states. is that kind of criticism beginning to resonate with voters or is just water off the back. >> that is poor release for michele bachmann to put out. that makes her look small. i'm a serious candidate for president. you shouldn't have to stated that in a press release. newt gingrich is obviously a very smarted guy. when he is on stage, he looks down a little bit upon other people's answers. he thinks he is beacon of knowledge and they are a little bit lower than him. has it rubbed off? i think a lot of voters like what they see in terms of his expertise.

i think far from turning voters off, they are attracted to it. >> gregg: gingrich is taking fire bike george will, charles krauthammer, they fear he can't beat president obama. they call him unsteady. then there is this comment from michael gerson, former aide to george w. bush. so adultery is not disqualifying for high office but it can reveal character trait that has might be recklessness, selfishness and compulsiveness are relevant. do personal failings matters to voters in iowa or not? >> certainly newt gingrich has had two failed marriages, but he has and i the question remarkably well. usually it would be hard to overcome. he he has said legitimate

question to ask. i repented for that. i think voters so far have seemed in large part to accept that. he has kind of navigated that mine field better than i've seen another candidate do. >> ron paul has devoted following in iowa to say the least in a very sturdy and deliberate organization that is vital to that unique caucus process. did he suffer a setback or maybe a near debilitating setback during the thursday night debate. what do you think? >> i think ron paul's performance in the thursday night debate was the only notable performance where he hurt himself. all the other candidates didn't much to hurt or help themselves. he hurt himself with a foreign policy views. the crazy flies, blaming america for the problems with iran. if we are that is causing the

tensions with iran. >> gregg: what about mitt romney. he invested heavily in iowa and it didn't pay off. came in second place. now, the homestretch but he is spending the weekend focusing on south carolina, what do you make of that? >> i think he has made it clear he is in for the long haul. he might not win iowa or some other states, but he sees it as a very, very long road ahead. he thinks he is in the best position to win the entire process when it comes down to it. he doesn't see iowa as a end all as some of the other candidates might. right now he was campaigning in south carolina where he got a key endorsement from the governor. i think he is trying to mitigated that and try to have a good showing in south carolina. >> gregg: jamie, good to see you. thanks so much. >> gregg: catch more of the candidates when fox news sunday continues the 2012 series,

tomorrow chris wallace will be sitting down with mitt romney. first sunday show in two years. tomorrow fox news, 2:00 p.m. and 6:00 p.m. only on the fox news channel. >> heather: that was a good debate on thursday. right here fox. checking outside, christmas right around the corner, thousands of folks it on and about right here in the big apple. i think that is nicky dressed as santa, maybe mini there, too. trying to squeeze in last minute shopping. >> gregg: i finished before labor day. >> heather: not me. and so is mother nature going to cooperated? maria has more answers for us.

>> we are looking at trouble this workweek. for today and even tomorrow, most of the country going to be quiet. we f you have shopping to get done, go ahead and do it this weekend. we have light snow across the great lakes and light snow as we head into the overnight hours. generally speaking again, very light stuff. about an inch on the roadways. drive carefully. other's across texas, light showers, not enough to get us out of a drought but we will take it. whenever we can take it. across the southwest, look at that upper-level low pressure disthat is starting to spin right now. light showers across southern parts of california. as you head into the next seven days, it will started to intensify and move into the center of the country. we are looking at thunderstorm systems, strong winds across

southern california. some of the reports coming out of thursday and friday across the area, 78 mile-an-hour wind gusts in southern california. a lot of wind with the storm system. and pretty quiet across most of the country, as we head into sunday and monday, that storm system is going to start to intensify heading to the four corners region. more snow in colorado and good for the ski resorts. not good for traveling or shopping. by monday across the center of the country, much colder air in the plains, snow in kansas and texas and panhandle and rain across central texas. >> heather: got to have that snow for santa because he is on his way. >> gregg: troubling new times for president obama and his reelection bid. brand-new poll and what he needs to do to try to turn things around. our power panel weighs in just

ahead. >> plus, two new york lawmakers are taking on the tsa calling for tough new screening reforms. what it could mean for your future travel plans. i'd race down that hill without a helmet. i took some steep risks in my teens. i'd never ride without one now. and since my doctor prescribed lipitor, i won't go without it for my high cholesterol and my risk of heart attack. why kid myself? diet and exercise weren't lowering my cholesterol enough. now i'm eating healthier, exercising more, taking lipitor. numbers don't lie. my cholesterol's stayed down. lipitor is fda approved to reduce the risk of heart attack and stroke in patients who have heart disease or risk factors for heart disease. it's backed by over 19 yes of research. [ femalannouncer ] lipitor is not for everyone, including people with liver problems and women who are nursing, pregnant or may become pregnant. you need simple blood tests to check for liver problems. tell your doctor if you are taking other medications,

or if you have any muscle pain or weakness. this may be a sign of a rare but serio side effect. [ man ] still lo that wind in my face talk to your doctor. don't kid yourself about the risk of heart attack and stroke. if lipitor's been working for you, stay with it. lipitor may be available for as little as $4 a month with the lipitor co-pay card. terms and conditions apply. learn more at lipitorforyou.com. ♪ but the fire is so delightful ♪ nothing melts away the cold like a hot, delicious bowl

of chicken noodle soup from campbell's. ♪ let it snow, let it snow

>> heather: welcome back. time for a check of the headlines, police in virginia are looking for a suspect in a murder-suicide. investigators discovered five bodies in a mobile hotel not march from the state line. in moscow a smaller turnout of protestors demanding a rerun of parliamentary elections and an end to vladimir putin's rule. >> new trouble for the syrian government as the arab league gives assad regime a deadline to allow human rights observers into the country or take u.n. security council action. >> gregg: there are new calls for a passenger advocate at

airports nationwide. two top lawmakers calling on the tsa to create a brand-new position after several high profile cases of abuse by airport screeners. julie banderas has this report from laguardia in new york city. >> julie: whether sitting on a tarmac for eight hours or being improperly searched by tsa screenings, nation's airports have been repeat offenders of passengers' rights. two new york lawmakers are stepping in. new york senator charles schumer and another congressman wants them to create a passenger advocate position to immediately act on complaints by passengers. the proposal was prompted by an elderly woman's claims she was strip-searched at kennedy airport which tsa denied. schumer says it's time that passengers are given a voice. >> there should be someone who

could come in immediate. if someone is overrule stuck on rules they misinterpret. there should be an authority that says no. that is all we're asking, plain and simple. we think in that simple way we can solve the problem. >> julie: tsa says it's planning its own advocacy service that all passengers are treating with dignity and respect. tsa as customer service representatives at most major airports and has plans to set up as a resource for passengers that have medical conditions to call before going to the airport. the hot line is expected to be available in the near future. currently the tsa has customer reps at most airports under the schumer proposal they would require an advocate be placed at every airport in the country so passengers can call and report inappropriate screening.

>> gregg: julie banderas reporting from laguardia right here in new york city. julie, thanks. >> heather: a mile milestone for the u.s., u.s. ending its war in iraq as u.s. forces prepare to come home. iraq is not out of the woods. can the country manage all of its problems by itself. we'll take a closer look at that up next. for the coming year? those of us with doers on our lists. and because it's always better to give than to guess, we can take these last few days of shopping and our holiday budgets a lot further. ♪ more saving. more doing. that's the power of the home depot. this 18-volt ryobi starter kit is just 89 bucks. ♪

this 18-volt ryobi starter kit is just 89 bucks. ♪ fare thee well ♪ farewell ♪ mr. gloom be on your way ♪ ♪ though you haven't any money you can still be bright and sunny ♪ ♪ sing polly wolly doodle all the day ♪

♪ hah but proven technologies allow natural gas producers to supply affordable, cleaner energy, while protecting our environment.

across america, these technologies protect air - by monitoring air quality and reducing emissions... ...protect water - through conservation and self-contained recycling systems... ... and protect land - by reducing our footprint and respecting wildlife. america's natural gas... domestic, abundant, clean energy to power our lives... that's smarter power today. >> heather: fox news alert from washington, lawmakers agreeing to a two-month extension to jobless benefits. president obama welcoming the deal but with a chief exception. ed henry. ed, he didn't get all that he wanted, did he? >> mixed bag, but the white house is trying to claim a victory. even that critics have to acknowledge that was president that was pushing for the american jobs act, payroll tax

extension was the centerpiece of all that. he is now able to go to the voters by saying he got a tax cut for 160 million working americans. in order do that he got nowhere near the 470 bye he originally wanted. he had to give up on increase for the risk, tax increase on the rich and pipeline extension. it's only a two months so he sound have had confident that republicans will compromise in february. >> i'm very pleased to see the work is done. while the agreement is for two months, it is my expectation, in fact it would be inexcusable for congress not to further extend this middle-class tax cut for the rest of the year. >> the president also said it should be a formality for congress to extend this payroll tax cut in february. i think we all know watching

congress closely nothing is a formality on capitol hill. we're told by capitol hill conference with speaker john boehner and there are a lot of angry people are expressing opposition to this deal. this is not done yet. we have to see whether they are coming back to washington on monday and vote it down. we don't know yet. that explains why the president is not heading to hawaii. he is here to make sure the house comes back and passes the bill. >> heather: not done yet. he threatened a ve with the key stone pipeline in it. why didn't he do it? >> he gave in frankly they don't think the language is that troublesome on the key stone pipeline. the pipeline that was built down into texas, it will create a lot

of jobs. democrats dispute the numbers but all this deal says is the president has to make a decision within 60 days. it doesn't mandate yes, but yes or no within two months. a clear signal i'm getting from the white house the president is likely to kill this at the independent of 60 days. using the excuse this is too short of a time tabled and you need more environmental review. question key question is whether it blows up in the state politically not just because of republican opposition but a growing number of democrats saying the pipeline should go through because it will create a lot of jobs. >> heather: we appreciate. live on capitol hill. final chapter of a very long continue flikt drawing to a close this week, after nine years, american forces marking an official end to the war in iraq and pulling out for good but the country still faces a cauldron of problems ranging from a stubborn insurgency.

will iraq's government be able to handle it. rick grenell joins us. good see you. our departure from the region, sit sound policy or purely political, how do you describe it? >> i think it's very political when you got iran enriching uranium, most people suspect they are seeking a nuclear weapon, when iran has this going on and syria is really in turmoil and the opposition is s really starting to gain ground on president assad, i think it's dangerous to remove all these troops from iraq. if we'd been there nine years and the region right now is very very volatile and touchy.

we have a lot of u.s. priorities why would we be pulling our troops out? the president had made a promise back when he was campaigning for the white house and he is trying to keep the promise here. >> gregg: presidents do that all the time. >> but not with national security. >> nouri al-maliki the prime minister of iraq has fairly close ties with tehran. he has visited iran on several occasions the in the last year he as made with mahmoud ahmadinejad. and are you skeptical? >> i'm skeptical but i think maliki is playing politics. he was very staunchly against the iranian regime for a while. then he was scrambling to keep his own political power in check

and his base was pressuring him to make deals. so then he started to be friends with the regime. iran is their neighbor and trying to play the political game, as well. that is another reason having u.s. troops. why not have a base there, keep the region stable. i don't think you can talk about pulling our troops out of iraq without also referring to lebanon and what is going on. hezbollah is part of that government and they are flexing go their muscle. they are state within a state. they control the beirut airport. it's a dangerous area and now is not the time to removing u.s. troops. >> gregg: an associated press bulletin, russia customs agency says they got radioactive material from luggage from a passenger. they found 18 pieces of metal packed in pencil cases.

this is not with crayons for kids. is it related to their nuclear program and weaponization? >> they are saying no, it clearly is not related, but i think it could be related. it's clearly a secret program of some sort. we need to get to the bottom of it. good news is russians are following the u.n. security council demands that no illegals weapons or programs or material go into iran. this is an iranian who boarded a plane in most could you with this illegal material. it's a pretty brazen. iran is coming much more comfortable with throwing around illegal activity. >> gregg: they were the only ones that were caught. if it's as frequent and blatant as you say, one wonders about the smuggling that didn't get discovered? >> i will tell you when i worked

in the bush administration, we caught either through ship or through air cargo, illegal material going in and out all the time but we didn't hold press conferences and tell everybody about it. it is happening allot. i think russia clearly wants people to know they are vigilant. they beat the plant in iran so they have a great relationship, scientists have a very close relationship. we should watch the situation. >> gregg: they released this publicly. they want that it does wonder how duplicitous they are and what they are doing behind the scenes. thanks so much. >> heather: some of the people who helped make the ipod says the success, now unveiling a new thermostat, but it's just much

more than the latest high product in your home. able to save you big bucks on your energy bill. hi, claudia. >> reporter: i'm having a whole lot of fun playing with this thermostat. it's a sexy gadget. $250 it is more expensive than most thermostats, basic models have been good enough for decades but with the sleek design and advanced, it's going to revolution home heating and cooling and lower bills. >> the thermostat was developed as a smart phone with a little bit of heating and cooling technology. >> it isn't just hip with glowing colors built in wi-fi and you can adjust settings from anywhere in the world. over time the thermostat determines comfort levels. >> you turn it up and down it learns your patterns and replays it back to you. >> the technology made sense to

former apple executive who helped develop the ipod. it's easy to control and controls 50% of the home's energy use. advanced features like this help people save money. >> the leaf saves relative to what you, if you like 27 degrees at cooling season, it will show up 73 to nudge you slightly out of your comfort zone. >> reporter: he says even a degree or two of energy conservation can add up to a whole lot of savings at the end of the month. the price tag is about $250. first batch of therm statsd sold out in a matter of few weeks. a sign heather that the humble home thermostat is hot gadget and cool way to save some money. >> heather: and eventually it could read your mind. thank you very much, claudia. >> gregg: i got a couple digital thermostats. when one says it's 68 degrees,

the other says it's 74 degrees. >> heather: never reads it the same but these apparently do for $250. >> gregg: that is expensive, not sexy, sorry about that. >> teenage twins, sidelined for taking a page from tim tebow. did one long island school for suspending the boys for the tebow tribute. our power panel will be weighing in on that. >> he is leader in every aspect on the field. it would be funny, not just a joke but tebowing in hallways, there is no harm. get the technology they love, on the network they deserve.

and video chat with up to 9 of your friends with the galaxy nexus by samsung, or get the samsung stratosphere, and for a limited time, get twice the data for the same low price. verizon.

>> heather: welcome back. troubling new signs for president obama and his reelection prospects. according to a new associated press poll, 52% of adults say

that the president does not deserve a second term. right now, let's bring in our power panel. thank you all for joining us on this weekend before christmas. >> that's right. >> not very good signs for the president. only 52% saying that the president does not deserve a second term. so that is basically 43% say that he does. what can the president do to turn this around? can he do anything? >> he can work with this congress and even the passage of the payroll extension for two months, still republicans had a big win here because they got the pipeline through. so the president needs to promote policies that the congress and republican house will pass. >> heather: what do we expected

him to do with the pipeline in the next 60 days? >> i think if i was him i would turn it down. i would have the state department turn it down. it's not enough time. it's being used as a political ploy by the republicans. >> what about the jobs that it would create? >> yes, will it kerry some jobs? absolutely. there it has to be environmentally fair and friendly and also create jobs in the long run. i want to say one thing about poll numbers going down. look, all he has to do is win the election is debate whoever the republican candidate is. >> the president has to have the economy turn around. as you pointed out the tax cut is not enough to turn the economy around. as far as the pipeline, i predicted on on "the five" that is going through and he is going to take on ownership of it but

he has to have more projects likes the pipeline. he needs to let republicans do what they are doing and pulled to the middle. that is what bill clinton did and that is how he run reelection. >>. >> heather: republicans don't want to do it. >> we need to get our economy back on high speed rail. >> we still haven't created the structure for fiber in this country. here is what is most troubling, the new poll showing out, overwhelming majority favors growing the economy over redistributing wealth. this is a big deal. the poll came out this week. if you put a question to the average american, grow the economy or redistribute wealth. so it's redistributing.

people that make a million dollars a year, put a little more in. >> for being successful? >> because you are using the infrastructure of our country. >> i'm not a critic. >> we are most successful as a country when our tax breaks to the rich why higher, look at the kennedy era. >> you have to specify what you talk about when you are talking about millionaires. >> we are saying it's so popular why wouldn't it pass the senate? >> because democrats even realize it's not wait to go. notices going to produce what it's intended. >> i think it is the way to go. >>. >> heather: we're going to talk about that a little later in the

second hour and that is the senate and positions that are up for play in exactly what we are talking about. second topic, "time magazine" making the frofl decision of naming the protestor as its person of the year recognition of arab spring uprisings and global occupy movement. did they make the right call or did they miss the mark? i really don't think you can lump into one category, protestors of arab spring and protestors of wall street. i have a problem with that. >> i think it's way too honor, it's all about protesting. that is what the constitution is about. having said that, i don't think you should lump them altogether. >> i think you can talk about how social media has moved people, with tea party or arab spring to begin to talk about back to their governments. that is what the "time magazine"

person of the year is about and i support it. >> i think in directly preying anarchy or whether in hatahlir square and what dangerous precedent. >> why are we supporting what is going on back there. >> defecateding on cop cars. i don't think we should support that. >> and i'm all for it the tea party and protests because that is how we make change. >> this is a different game. >> the protestors with arab spring accomplished and protestors at wall street accomplish. >> i think arab spring got rid of a bad regime. i remember being in saudi arabia saying you are not going to like

it because few people vote. look at occupy wall street, that is now a part of this election, 99% is what people are talking about. >> one final question, why wouldn't the obama administration support the green revolution in iran? >> i don't know. >> the c.i.a. is in there. [ laughter ] we do have to take a quick break so stay with us. the pioneers. the aviators. building superhighways in an unknown sky. their safety systems built of brain and heart, . into pictures on postcards home. and the ones who followed them, who skimmed the edge of space, the edge of heaven, the edge of dreams.

and we follow them up there to live by an unbreakable promise, stitched into every uniform of every captain who takes their command: to fly. to serve. gives you a 50% annual bonus! so you earn 50% more cash. according to research, everybody likes more cash. well, almost everybody... ♪ would you like 50% more cash? no! but it's more money. [ male announcer ] the new capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet? woah! [ giggles ]

>> heather: a controversy at one high school on long island after twin brothers were suspended after tribute to tim tebow. is this fair play? our power panel is back. so apparently they did the tebow stance and kneeled in the hallway. school officials say so many kids participated with the twin brothers who led it, other kids were late for class and it was a fire hazard in the hallway. >> i to don't think it's fair play. i'm not a big football fan. i'm glad this is happening because we should have the right to be able to do that. the class were late going to class but it will set a

precedent for other football players to follow. look, denver bronco guy is total independent person. he is an adult. kids that go to school have to follow the rules. you can't have prayers in the halls, it's not appropriate. >> what if they were muslims? >> it doesn't make any difference. >> are you kidding. >> they were not warned. i think it's severe to suspend them for doing this. it's overreacting. >> tim tebow did tell the kids you have to follow the rules. do you agree with tim? >> so here is another story, anonymous donors, you heard about the layaway programs where they are paying off layaway customer accounts. great story.

>> a christmas season to be all about giving. i like it's anonymous and i think it's wonderful thing. >> i think more people ought to do it. it's a great thing to do. >> i come from a big family. we decided a couple years to stop buying each other gifts but the first year we did it, we decided to send to a military family. so we paid their bills and bought their kids gifts. it's so much better to do that. most of us have anything we need but there are people out there that don't. >> and a little children they believe in santa claus and christmas and they don't receive anything. >> its great thing. >> maybe that should be "time magazine"'s person of the year. >> maybe next year. >> heather: thank you so much for joining us. you have a wonderful christmas.

>> gregg: that a great idea, the anonymous donor. "time magazine", wake up. >> rare working saturday, lawmakers are passing legislation that could affect your wallet. details coming up. swollen joints, ve been in your shoes. one day i'm on top of the world... the next i'm saying... i have this thing called psoriatic arthritis. i had some intense pain. it progressively got worse. my rheumatologist told me about enbrel. i'm surprised how quickly my symptoms have been managed. [ male announcer ] because enbrel suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b,

have been tated for heart faure, or if, while on enbr, you experience persistent fever, bruising, bleeding, or paleness. get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ male announcer ] enbrel. . okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

the other office devices? they don't get me. they're all like, "hey, brother, doesn't it bother you that no one notices you?" and i'm like, "doesn't it bother you you're not reliable?" and they say, "shut up!" and i'm like, "you shut up." in business, it's all about reliability. 'cause these guys aren't just hitting "print." they're hitting "dream." so that's what i do. i print dreams, baby. [whispering] big dreams. how about the beat of a healthy heart? campbell's healthy request soup is delicious, and earned this heart, for being heart healthy. ♪ feel the beat? it's amazing what soup cano. feel the beat? fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot

an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink ♪ ♪ >> heather: hello, everyone. i'm heather.

>> gregg: i'm gregg jarrett. welcome to a brand new hour inside america's news headquarters. topping if news, the last remaining u.s. troops are preparing to withdraw from iraq. what republicans are ro posing to help service members heading home. >> heather: california lawmakers looking in a pepper spraying ince didn't at u.c. davis. remember that? we will weigh in on how the university officials handled the occupy protest. >> the police used pepper spray and the answer is no. should the police use force? the answer is no. >> gregg: powerful typhoon triggering landslides. and we look to the potentially staggering loss of life. >> heather: but we begin with a fox news alert. the senate wrapping up its business for the holidays. passing two big bills in a rare saturday session.

one in payroll tax cut extension will give a short-term financial lift to americans while the other will keep the government funded to next year. mike emanuel is live from capitol hill. mike, that spending plan, it will cost about $1 trillion. anyone happy about that? >> reporter: well, yeah, it passed so there are people who are happy about it, but there are vocal opponents. among them arizona senator john mccain. who says that because the way the thing was negotiated and rolled out in the last minute, nobody has had a chance to read the 1,200-page bill. he thinks the whole system stinks. here is senator mccain. >> we just wasted billions and billions and billions of the taxpayers' money on projects that are neither unneeded, unwanted, unrequested and this system is broken. this system is broken. we should have taken up these bills one-by-one with amendments, with debate and

discussion. >> reporter: still the bill passed the house and senate so it's on the way to the president's desk to be signed to keep the government up and running through september. >> heather: strong words, unneeded, unwanted, unnecessary. they approved a two-month extension of the payroll tax holiday, so they will be battling over this again soon, right? >> yes, the drama may not be over yet. the house has not approved the two-month extension. in a conference call we understand there was opposition. people were unhappy with the two-month extension. they want a full year extension if it was going to go forward. if the deal gets done, when it comes up again, the two-month extension in february, middle of a presidential election. here is a leading senate democrat on the fight ahead. >> we come in to fight the battle in the month of

february. i believe we will be in the driver's seat. we will look at the economy. the republicans want it to keep going up. >> reporter: as we have seen, everything on capitol hill turns in a big battle. so you can bet that the republicans will have their wish list when it comes up in february. should it get done in the house, which, of course, we're still waiting to see how it's hammered out. >> heather: remains to be seen. thank you, mike emanuel, reporting from capitol hill. as gregg said no, more holiday cheer in february. >> gregg: nope. a lot of grog nog on capitol hill. all right. american soldiers in iraq preparing for their final mission. they are heading home. president obama welcoming them back in his weekly address today. republicans saying one good way to do that is approve the new oil pipeline project, keystone. that they say will create nearly 28,000 brand new jobs. molly henneberg live with more on that. hi, molly. >> reporter: hi, gregg.

today, the president praised u.s. troops for their honor, skill and bravery in iraq over the past nine years. >> the troops are now preparing to make their final march across the border and out of the country. iraq's future will be in the hands of its own people. our war there will be over. all of our troops will be out of iraq. this holiday season all of us can finally say "welcome home." >> reporter: as the troops pack up and prepare to come back home, the president went on to say after years of building iraq it's time to enlist our veterans and all of our people in the work of rebuilding america. he said it's time for the country to come together to make sure every american has a chance to work for a decent living. republicans say they, too, want to make sure returns soldiers who get out of the military are able to find a good job. they press the president to move forward with the controversial keystone xl pipeline they say will create tens of thousands of jobs and strengthen the country's

national security. >> keystone would allow us to transport 700,000 barrels of oil a die from the northern neighbor canada to refineries in the united states. having a steady source of energy from our friend and ally here to make us less dependent on energy from the volatile middle east. that is good for america. >> reporter: the obama administration put off a final decision on the keystone xl pipeline until after next year's presidential election. so more environmental studies can be done. greg? >> gregg: molly henneberg in washington. thank you very much. looking back now on the debate over u.s. policy in iraq, we happen to remember this warning from now republican presidential candidate mitt romney on "fox news sunday" more than two years ago. take a listen. >> i think you are going to see another lesson, we'll find the president not putting in place status of forces agreement with the iraq leadership has pulled our troops in out a precipitous way and we should have left

10, 20, 30,000 personnel there to help transition to the iraqis' own military capabilities. i am concerned in this setting. i hope it works out. >> gregg: you can catch another interview, romney when "fox news sunday" continues the one-on-one series. chris wallace will sit down with interview with romney tomorrow at 2:00 p.m. eastern time on the fox news channel. >> heather: u.s. libya ties. leon panetta arriving in libya today for some historic talks with the country's new leader. national security correspondent jennifer griffin is traveling with the secretary in libya. >> reporter: this is the first trip that the u.s. secretary of defense ever made to lib yeah. comes days after an armed militia tried to assassinate the head of libya's new army. just days ago, they rocketed the airport where the secretary's plane landed,

consolidating the competing militia and armed tribe to get a top priority for the fledgling libyan government. here at the protestant cemetery where 13 u.s. sailors were buried in 1804. the defense secretary lay a wreath. the american sailors were on board the intrepid, a naval vessel sent by thomas jeff everyson to put an end to the pirate raid of coursing the ships in the medtrarian. the ships blew up, bodies were dragged ashore and through the street of tripoli 207 years ago. the cemetery has been maintained since then. but to get the remains repatriateed has gained steam in congress. the new defense authorization bill has a provision in it that would require the defense secretary of studying possibility of returning them home. now 13 u.s. sailors are intered here in tripoli.

traveling with the defense secretary, jennifer griffin, fox news. >> heather: national correspondent jennifer griffin reporting from libya. thank you. >> gregg: we are getting new details in the military hearing of army private first class bradley manning. the young intelligence specialist accused of leaking hundreds of thousands of secret military and diplomatic documents to wikileaks. his lawyer is arguing that he was a homosexual soldier in a hostile environment and he should have been barred from handling sensitive materials. >> heather: interesting story. u.s. car dealership shut down for allegedly supporting terrorism overseas. federal agents raiding a car dealership in tulsa, oklahoma. claiming that the lot is part of a huge network selling cars and drugs allegedly using that money to support lebanese terror groups hezbollah. investigators say the large price tag for the used cars were a big tip-off. >> what is happening is the amounts are so large, that it

raised flags amongst the investigators. >> we are making big-time money and it's going right to the terrorist training, recruiting, corruption. things needed to carry out terrorist acts across the world. >> heather: they are not the only one. the dealership allegedly one of 30 in the u.s. set up to raise money for terrorism. >> police now identifying that suspect in a deadly shooting in southern california. 48-year-old andre turner. shot four people before allegedly turning the gun on himself. two of the victims died. the others are in critical conditionm the police describedescribed the scene. >> we got here and cordoned off the facility. evacuated people on the facility. we did an active search of the

building and found who we believe is the primary suspect. he is deceased. we don't know whether or not his would was self-inflicted. we have found other people in the facility transported to the various medical facilities. >> gregg: what was the motive for the carnage? the police not releasing any information on that. >> heather: taking us back overseas for a moment, new violence in egypt capital city of cairo. the egyptian soldiers clashing with the rock-throwing protesters for a second straight day. killing at least nine people injurinjuring more than 300. this coming in the midst of multistage parliamentary elections. activists demanding end to the military rule and threatening a new cycle of fighting. >> gregg: belgium now. a marching memory of the many victims of a lone killer gruesome ram page. hundreds gathered to pay respects, leaving candles and toys. on tuesday, 33-year-old man threw grenades and fired on

people in a crowded marketplace before killing himself. four people died in the attack including a baby and an elderly woman. 20 other people still in the hospital. >> heather: in the philippines, hundreds are dead following severe flooding. rain from the tropical storm is pounding a southern part of the country for yearly 12 straight hours. red cross estimating that more than 400 people have been killed. forecasters say this is the 19th storm to hit the philippines this year alone. this, the worst devastation is more than ten years. >> gregg: all right. you know the song "silver bells," right? >> heather: yes. ♪ silver bells ♪ sill rer bel silver bells ♪ >> gregg: very nice! does it conjure up a memory? that is real time. times square, a look at new

york city on the last full shopping weekend before christmas. will we have a white christmas? that is the question. meteorologist maria mol molina n the weather center. is it a white christmas? >> it doesn't look good for us in new york city. a slim chance. none of the models pointing to snow for us coming christmas day, when people are happy about that i'm talking to. although i would like to see a white christmas out here. for now, not a lot of snow across the country. a lot out west, high elevation of the cascade and rockies. the ski resorts, we have a lot of snow out west in the past several weeks or months. but further east, not a lot of snow. just picked up an inch of snow across chicago. there is no snow back here on the eastern half of the country. we have not covered a lot of it. we are seeing light snow across portion of the great lakes right now. not lake effect snow. more lake enhanced snow. but very light stuff.

anything about an inch, just predicting slippery travel. southern texas, light showers out there. we'll take whatever moisture we can get with the ongoing drought. across the southwest, brand new storm system. this is the one to watch. this storm system will be bringing in snow for parts of the plain states. something else that the storm system is doing, bringing in santa ana winds. we have winds at 75 miles per hour at times and it will continue throughout the weekend. otherwise, high temperature tomorrow. look at new york city. only 34-degrees. it will get chillier for tomorrow. no snow but cold. >> gregg: all right. get the gloves out and the buff herring. >> heather: remember thend even. 20 inches of snow we got last year? >> gregg: i didn't ask for 20-inchs precisely. >> heather: you just said no. it could be 20-inchs. >> gregg: vu to be specific i guess. >> heather: exactly. the nice weather, good for retailers. this year many holiday shoppers are looking for gifts

made here in america. there is a nationwide push to buy local, keeping jobs in this country. not sending them overseas to china. elizabeth prann is live in the atlanta newsroom with those details. hi, elizabeth. >> reporter: the average retail association says the shopper will spend $700 on items this year. so the local businesses are telling us that consumers this year are buying local. >> madeline is doing what she loves to, making a living at the same time. >> i appreciate the support from the community. >> support, from customers who are choosing to buy directly from local artists. instead of buying imported gifts this holiday season. >> everybody is concerned about money and the economy. you think twice where you put your dollar. you want to put it in your own community. >> reporter: small businesses tell us customers

are aware of spending money on hand-made items versus these is helping to revitalize the local economy. >> this creates a pattern, a cycle of growth of invigoration, of productivity for your own community. and what it maybe does is it bolsters the community. >> malini owns the beehive, atlanta store filled with work from local artists. she says the shoppers are spending money knowing it is staying in their community. >> not only are you buying from a small business in the community, the products are made in the community as well. >> reporter: some shoppers are proud to support their neighbors, knowing where the goods come from as a unique holiday shopping touch. >> in this week's session, small business is where the growth is occurring. entrepreneurs and the small business development. we can do our part by shopping with those small businesses to help generate additional economic growth.

>> small business owners tell us they are creating american jobs. they need salesclerk and managers and local businesses need accounting to graphic designers coming from the local community. back to you. >> always good news to keep the jobs here. thank you. elizabeth prann. >> gregg: of course, our local community is right out here in new york city. of course, the number one shopping capital of the world. >> they are all here right now. >> gregg: they are. >> heather: you try to walk down the street. >> gregg: they are looking at us through the window over here as well. all right. 2012 shaping up to be a highly competitive election year. particularly for folks in the u.s. senate. how this could impact the coming year on capitol hill. >> heather: and a 13-year-old girl not only surviving a home invasion but she helped go after the criminals as well. how it all went down. we will tell you about that straight ahead.

>> he was in front of me. i didn't know what to do. 9/11 wa911 was on the phone stit the time. everyone believes in keeping their omises once a year. but we believe in helping people take steps to keep them every single day. that's why every day we help people across the country get into their first homes. prepare for a comfortable retirement and protect the people and things that matter most.

at genworth we believe every day is the right day to take a step toward tomorrow.

♪ ♪

>> heather: the last six years have been one of the most competitive political era since the 1940s. 20 senate seats changing hands since 2006 and 2012 could be one of the most competitive years yet with dozens more seats now in serious play. so how will this affect the next year on capitol hill? joining us now, josh, the spokesman for the clinton-gore and gore-lieberman presidential campaign. and ron, the former communication director to house speaker hastert. thank you for joining us. >> thank you. >> heather: let's start with what happened today. a last-minute, under the gun, saturday vote to extend the payroll tax cut for two months. why? go figure, they couldn't agree on how to pay for the package to extend the tax cut through the next election. so josh, gridlock on capitol hill is now the norm. last-minute, temporary extensions to be expected. who will pay the price?

and are today's move a sign of things to come? >> it's a good question. i think the voters are pretty upset with congress. you know, the only folks less popular than the president out there are members of congress. the reason for that is the obstructionism, the unwilling to compromise and get anything done. perhaps today decision was a sign of things to come. allen and white discussing medicare. maybe they are figuring out unless we get compromise and fix the gridlock, some of the incumbents will have a tough ride on both sides of the aisle. >> heather: ron, compromise to come? what do you think? >> highly unlikely. the reason they had to get the middle class tax cuts done, the middle class voters would have suffered over christmastime and congress as a whole would have looked bad. so they kicked the can down the road and we'll negotiate the package then. right now it would have looked bad to take away the middle

class tax cut. >> heather: according to the cook political report that is out, of the ten senate seats up for grabs, eight of them are held by democrats. republicans sneed three seats for tie or four for majority in the senate. will they do it? >> i would rather be us than them. we put the democrats on defense in states like michigan and new mexico and even hawaii. that is amazing. even purple states, good things to come. wisconsin, the state went democrat. we elected a republican senator. in 2012, the republican nominee will face a liberal nominee, tammy baldwin. it is looking good for us. although the races are close. which is going to be huge gridlock. >> heather: josh, they think they can pick up opportunities in arizona, and also indiana.

>> that just shows how tough the president will have it. democrats are up four seats to begin with. the fact they can pick up two, massachusetts being one, tough go-around for republicans. if democrats can hold some of the seat and pick up places where the republicans are weak you will see the democrats hold that senate. >> heather: so perhaps the only people in the country less popular right now than president obama in terms of the approval rating is congress. how do they turn it around? josh, start with you. >> ron's point was good. they weren't going to take away middle cut tax cut on the way to christmas. but we are giving republicans a chance to make a point we're out to give out the handout. in reality, not just the right thing to do but help the economy. the volters will fire people unless they buckle down and get responsible. i would like compromise going forward >> heather: ron, final word from you?

>> unless president obama gets over 40%, the democrats have a tough time in the key senate race, especially in the swing states like ohio. because of the down ballot issue. next year it will be about jobs and the economy. the republicans will be standing strong. calling for certainty for them to hire more workers. they will be under pressure with the keystone pipeline. >> heather: he has 60 days to make the decision as of today. thank you for joining us. ron and josh, thank you for your insight. >> thank you. >> gregg: the stress of the holiday isn't the only thing taking toll on americans. with the general election ten months away, a huge number of voters already wishing the election was over. what is behind all of that voter fatigue? find out next. [ sniffs ] i have a cold. [ sniffs ] i took dayquil

but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your runny nose. [ deep breath] awesome. [ male announcer ] yes, it is. that's the cold truth! but you've got a meat and potatoes guy? pour chunky sirloin burger soup over those mashed potatoes

and dinner is served. four minutes, around four bucks. campbell's chunky -- it's amazing what soup can do.

>> heather: a fox news alert. lawmakers in washington extending the payroll tax cut and jobless benefits, but despite the compromise, a new fight may be brewing between congress and the white house. one other thing to tell you about that just happened moments ago. president signing a continuing resolution to keep the government running for another week. for more on this and payroll tax cut, go to chief white house correspondent ed henry in washington for us. ed, first, the resolution and then the tax cut. is it the agreement a mixed bag for the president? >> there is all kind of things flying around right now. why he had to sign the continuing resolution is that, you know, they pass the other thing that megabucks they call it. big budget bill. in the house and senate in the last couple of days. i thought it was going to get

over here and keep the government running but i'm told they had to go through more process on the hill because it's so bill. 1,100 pages if you can believe it. that is how big the bill is. the president is not going to get the bill for a few more days. now he signs a separate continuing resolution. keep the government open while the other one is on the way. the reason the president spoke out today is the payroll tax cut. he gets victory because he gets extension of the payroll tax cut. something he has been wanting, pushing for. he can go to the voters now and say he helped 160 million people with a paycheck get a tax cut. but he had to pay a big price to get him. had to give ground on the keystone pipeline deal and give up the millionaire surtax he wanted. it's only two months instead of a full year. the president today sounded confident he will get congress to agree to a full year extension in february. take a listen. >> it should be a formality. hopefully it's done within as little drama as possible when they get back in january.

this isn't hard. there are plenty of ways to pay for the proposal. a way to boost the economy supported by the very same democrat and republicans in the past. >> reporter: formality isn't used a lot on capitol hill. the bottom line is the house has to pass the tax bill. but speaker john boehner is on a conference call with the republican rank and file. a lot of are expressing opposition. we have to see if the republican house are on board. the president is not headed to hawaii yet. waiting for the house and the vote on tuesday. >> heather: not heading to hawaii yet. despite the keystone threat that the president had to give in, right?

>> he wasn't going to get the deal he wanted without giving up ground on the keystone pipeline. what the white house view is that all that the payroll deal about the pipeline, running from canada to texas, the republicans say it will create jobs. the democrats are skeptical of that. bottom line is that this bill says the president has only two months, 60 days to give a yea or nay. it doesn't mandate he approve or rubber stamp it. he can decide. the white house believes that gives him the idea, the signal i'm getting is he will probably kill the pipeline deal. but how much political fall-out will there be with the republicans and a growing number of democrats saying it's a good deal and it will create jobs. will it backfire on president in election year? >> heather: with the election looming all about political fall-out. ed henry reporting live for us. thank you. >> gregg: it's just over two weeks until the iowa caucuses. another 10-1/2 months until the general election. guess what?

according to a new gallop poll, 7 out of 10 americans wish the election process was already over. dare i say? voter fatigue already? por que? ask veteran of election campaign herself. susan estrich, professor of law and political science university of southern california. great to see you. >> i hope they're not bored with us. >> gregg: absolutely not! you're fascinating. you always say interesting things. >> so are you. >> gregg: so give me your interesting take on this apathy or fatigue or disinterest among the voters. >> two things. you have look at the democratic side, barack obama running for re-election, the very exciting candidate of hope and change. whether you agree him or not. now he's saying to the democratic troops you'll grind

this out, like inviting them to a sausage factory. on the other side, the republicans have been almost painful to watch as one after another candidate appears to be a big disappointment. now a lot of republicans are waking up saying newt could be the howard dean of the republican party. he is not going to be president. they are making peace with mitt romney but hard to get excited about a massachusetts moderate. can't blame them. >> gregg: another gallup poll out showing 82% of americans say it's extremely or very important to grow and expand the economy. far fewer people, though, susan, say, 46%, say it's important to reduce the income gap between the rich and poor. the message the president is pushing lately.

>> i thought the class warfare only gets you to 46%. it's popular with the democratic base. in a nice way they would like to be better off themselves. they want the economy to get better for everybody rather than crumbs in the case. the message appeals to a lot of folks in the democratic base. closer to the election he has to go broader. >> gregg: yeah. jobs, jobs, economy, economy. talking about polls, i saw another gallup poll that has romney and gingrich ahead of

the president in key swing states. we have a map. put it up on the screen. the president is behind in colorado, florida, iowa, michigan, nevada, new hampshire, new mexico, north carolina, ohio, pennsylvania, virginia, wisconsin. in 2008, i think he won almost all of the states if not nearly all of the states. how difficult is it going to be for the president to reverse that equation, suzeen? >> you know, we have seen already in this short season that remember, we were going to have president cain for a while and president perry. and president gingrich. the only poll that matt jers the one if day before the election. no question if you look at the states, most are hard hit by the economy. hand hit by job loss. the challenge to the president is he will put down the republican and the republican will put down him. but at the end of the day, most of us vote our own pocketbooks. it will be important just now

people are feeling come november. >> gregg: good enough. see, i told our viewers you would be fascinating and interesting. you delivered. thank you, susan estrich. >> i try. hampy holidays. >> gregg: happy holidays for you. catch susan estrich syndicated column in the newspaper across the country on wednesday and friday. check it out. thanks. >> heather: a story for you. 13-year-old michigan girl, 13 years old becoming her own hero following a home invasio invasion. chloe says she arrived home from school early when she noticed two men breaking in her house stealing the christmas gifts and her father's gun. that is when she sprang in action. >> i was really scared but i had to get stay calm or i would have been found. >> i couldn't be more proud of her. her calm, composure and the way she behaved. a 13-year-old girl took two

criminals off the street with her composure and her strength. we have can't ask for more than that. >> heather: can you imagine? the two suspects face several charges including felony home invasion. >> gregg: way to go, chloe! >> heather: yeah. you have little girls. >> gregg: it's frightening as a parent to think it can happen anywhere. >> heather: yeah. >> gregg: new concerns following that pepper spray incident. remember that? the university of california davis. well, coming up, we are going to examine several legal questions over how colleges respond to the nonviolent protesters. [ male announcer s their holidays with sawdust? ♪ with quarter-inch holes and blueprints for the coming year? those of us with doers on our lists. and because it's always better to give than to guess, we can take these last few days of shopping and our holiday budgets a lot further. ♪ more saving. more doing.

that's the power of the home depot. this 18-volt ryobi starter kit is just 89 bucks. ♪ and video chat with up to 9 of your friends with the galaxy nexus by samsung, or get the samsung stratosphere, and for a limited time, get twice the data for the same low price. verizon. a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually se arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief

for many with arthritis pain and inflammatio plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. a celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naen, and melocam have the same cardiovascar warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart dease or risk factors such as high blo pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach anintestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. do not take celebrex if you'v had an asthma attack, hives, oother allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history

and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion.

>> gregg: new hearings in the state of california as lawmakers investigate how one of the universities responded to the occupy protesters. now, you remember this. oh, my. pepper spray at the university of california davis, sparking the controversy. after it happened, critics called for school's chancellor

to resign. well, at this week's hearings, she denied any wrongdoing and said she never ordered misto use that kind of force against the protesters. >> did i ask the police to use pepper spray? the answer is no. did i ask the police to use force? the answer is no. >> gregg: here now david schwartz, and keesha, defense attorneys and former prosecutors. keesha, let me start with you. the law is clear on these matters. you are allowed to use that level of force if it meets the danger that you face. you cannot exceed that level of force. now here, we have a bunch of protesters sitting on the ground. there is no danger, is there? >> no, there was no need to use the force used in this instance. the protesters were peaceful, they weren't violent. the only thing necessary is to authorize them to have them

leave the property is say you need to leave. if they don't leave, the next level should have been arrest, not to pepper spray them. >> gregg: that is what they do in new york and elsewhere. they literally pick up the protesters, and they cuff them with a plastic cuffs. and they toss them in the patty wagon and haul them off to jail. isn't that what should have happened? >> i agree, that's what should have happened. if it's a peaceful protest, they want to remove protesters, the step would be an arrest. we have to hear -- i would like to hear from the police this matter. there is due process. there are two sides of the stories. the pictures look really bad for that police officer. but still, he is still entitled to due process and find out why he used that pepper spray. >> gregg: you know, a couple of officers, as well as the chief were suspended after the incident. what i'm wondering about, kisha now, the myriad of lawsuits. look a couple of protesters

were hospitalized. the others were treated at the scene. you know, this was already litigated wyoming to the ninth circuit court of appeals. sheriff deputies were held libel for excessive force using pepper spray at close nge on peaceful environmental activists. this is dead-bang liability, isn't it? >> absolutely. if you look at the video you can see the officers pepper spraying the protesters in their faces and they are sitting there. it's absolutely unnecessary. i do see grounds for a lawsuit here. >> gregg: you know, david, what about the chancellor? not my responsibility in a way, i didn't order it, i didn't tell them to do that. is she on safe ground here? >> i think she is on safe ground. she did not make the order. it's not the type of a order a chancellor would make in that situation to use pepper spray on her students. so, i believe her. i believe her testimony.

i think she will survive in that role. >> gregg: we have another sound bite. play that now. here it is. >> you delegate that this power to vice chancellor to oversea police. if the vice chancellor authorized the use of force? >> that is something, i cannot speak to that. the investigation will bring this forward. >> gregg: so, kisha, is it your sense as well as david's, look, it's the officers who engaged in this behavior. if they received instruction from anybody above them, they are libel, too, but beyond that, no liability? >> i think the police officers themselves are libel. they receive training. from what i know of law enforcement training, they are trained they only use amount of force necessary to take control of the situation. from what i understand they made the call at the scene. >> gregg: right. you know, david, i am wondering about criminal responsibility here.

the most often cited case is the rodney king beating case. officers clearly exceeded the level of force. though acquitted in the simi valley state court trial they were held, two of them at least, criminally responsible in the federal court case. do you see it move in that direction? criminal charges for assault and battery? >> no, i don't see that, gregg. >> gregg: why not? >> pepper spray is a weapon. it's an arsenal they have at their disposal. >> gregg: that was definition of assault and battery. >> i hear you, gregg, but if a police officer perceives that there is a dangerous situation -- >> gregg: how could you perceive danger? >> you are talking about objectively. i'm talk about subjective. by using the pepper spray -- >> there is no danger there. a child wouldn't perceive danger. kisha? >> i think there will be criminal charges filed. because that force was

absolutely excessive. in the other cases there have been criminal charges filed those cases. >> gregg: good to see you both. thank you for being with us. >> thank you. >> heather: the iowa caucuses if you can believe it, just around the corner. a recent poll has a new g.o.p. candidate in driver's seat in hawkeye state. not surprising. who wrestled the top spot from newt gingrich? we will tell you up next. if you have high blood pressure, like me,

and get a cold... ...you need a cold medicine with a heart. only coricidin hbp has a heart, right here. it's the only cold and flu brand that won't raise your blood pressure. coricidin hbp. powerful cold medicine with a heart. gives you a 50% annual bonus! so you earn 50% more cash. according to research, everybody likes more cash. well, almost everybody... ♪ would you like 50% more cash? no! but it's more money. [ male announcer ] the new capital one cash rewards card.

the card for people who want 50% more cash. what's in your wallet? woah! [ giggles ]

>> gregg: two-and-a-half weeks to go before the iowa caucuses. we may have a front-runner. a new one. >> heather: again. >> gregg: again. the latest rasmussen reports, mitt romney holding a three-point lead over newt gingrich in the buckeye state. >> heather: ping-pong game. back and forth. ron paul isn't far off third, you can see. the numbers drop off dramatically after that. scott rasmussen, president of rasmussen reports joining us with more on that. i want to talk about the 2% of -- 10% of another candidate that could still possibly run. >> you know what?

there is so much volatility in the numbers, six out of ten iowa caucus goers say they could change their minds in the next two-and-a-half weeks. while we have a three-way tie at the top and 2% looking for somebody else, nobody really knows what is going to happen. when you look at the trends we've seen, mitt romney and ron paul pretty steady support. they will do okay. but who will fill the rest of the top tier slots? game of musical chairs. have no idea. >> gregg: scott, what about new hampshire? mitt romney has a home this, beautiful home on the lake. governor, in the neighboring state. >> right now, mitt romney is where he has been from the beginning. on top of the poll. the latest poll we did, i was curious to see what happened. because it was the first time we polled there after herman cain dropped out of the race. guess what? neither mitt romney nor newt gingrich gained from that. support went to other candidates including ron paul. this fills in the general sense we have been seeing all along, that there is a lack of

enthusiasm. voters haven't gotten excited about the candidates yet. >> heather: was that an alarm going off where you are, scott? i don't know what that was. let's switch gears and talk about eric holder and the fast and furious, the house resolution calling for his resignation. strong numbers against him, right? >> that is right. 19% from a favorable opinion of the attorney general. 43% unfavorable. it's not all just the recent hearings. people have been upset with a variety of things, whether having the terror suspects tried in criminal -- civilian courts or campaigning against voter i.d. rules or immigration issues. the attorney general has been the front man in a lot of hot political issues that are not popular with most americans. >> gregg: what about another cabinet member, treasury secretary tim geithner?

>> tim geithner's numbers similar. only 18% favorable for him. his challenges are pretty much the same. as they have been all along. the economy. the treasury secretary, if the economy is going well, it sounds great. if not, well, that doesn't sound so good. we also to be fair to the guys, lesser known national figures see the negative numbers go up much faster than the positive numbers. >> gregg: you never know. could soon be moving back to larksmont, new york. all right, scott rasmussen, good to see you. thank you. >> heather: that does it for us. rick folbaum and arthel neville taking over. >> gregg: see you tomorrow. have a great saturday night. [ mujahid ] there was a little bit of trepidation,

not quite knowing what the next phase was going to be, you know, because you been, you know, this is what you had been doing. you know, working, working, working, working, working, working. and now you're talking about, well you know, i won't be, and i get the chance to spend more time with my wife and my kids. it's my world. that's my world. ♪

8% every 10 years.age 40, we can start losing muscle -- wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

@ ♪ sing polly wolly doodle all the day ♪ ♪ hah @