>> oh, no! >> ♪ o'er the land of the free ♪ ♪ and the home of the brave >> she just cured my sinus infection. so there you go. but should roseanne's national anthem disgrace be against the law? should she have been arrested and ever released? one legislator ready to crack down on poor performances. is that indeed a good idea? we'll report, you decide. and according to my stats and my calendar, "fox & friends" starts now. >> this is kirk schilling. >> this is bret michaels. >> this is bristol palin and you're watching "fox & friends." >> happy new year, everybody. live from studio e, they're picking up the tinsel outside our world headquarters. >> did you have a great new year's eve? >> above average. almost done cleaning up. >> that's great. >> nobody i know actually stayed up until midnight.

other than megan and bill. they stayed up. >> all right. >> now you know someone. >> i will say this -- how late did you stay up? >> until 12:01. so did my children. that's the big news. my 6-year-old and my 4-year-old stayed up the latest they ever have in their life and they were so excited. >> by the way, that's bad parenting. and you should really straighten that out. 4:00 a.m. >> what? >> couldn't kick everybody out of my house. >> you had a party? >> i had a party. >> we weren't invited. >> no. >> what's that about? i've known you for 20 years. >> 45 mile drive on new year's eve, i don't see you doing it. >> we could have stayed over. do you have an aerobed. >> i feel horrible. >> me, too. we're not going to talk this year. >> we have breaking news for you this year, officers are hot on trail of not armed gunman accused of murdering a park ranger at mount rainier. here's the suspect's picture. it's believed he has strong survivalist skills, an iraq war

veteran who allegedly suffers from post traumatic stress and accused of killing ranger margaret anderson, mother of two and he's wanted in the killings of four people at a house party. authorities believe barnes is still inside the park. the park is shut down at this hour and rangers used the cover of darkness to evacuate tourists. new video from the persian gulf. iran test firing medium range missiles. iran says the missile are designed to escape radar. almost 20% of the world's oil supply is shipped through these waters and iran is threatening to close the strait if it's hit with anymore sanctions over its nuclear program. more fire set last night in california as the search continues for a man suspected of setting dozen of them over the weekend. they released surveillance video of the man tied to two of the fires. there has been 39 cases of arson since friday, some of which caused significant damage, as you can see. luckily, no one has been hurt in

these. a $60,000 reward is being offered for information. mild temperatures missing for nice day at the beach? that didn't stop more than 1,000 people from jumping in the ocean yesterday. the new year's day polar bear swim in coney island wasn't quite as frigid as in years past. >> almost looks like summer. >> it looks like it. the temperatures were a balmy 51 degrees outside. >> it was 85 at my house. >> inside your house. >> ok. >> that's good. the water was a bit colder. 45 degrees. look at those crazy people! >> i was out there at one of those things at coney island on new year's day when it was 21 degrees. >> why? >> you were covering it. you weren't jumping in. >> that's right. it was fox news event. we went out to watch the polar bears. >> look at these people. >> none of these people survived. yeah. >> some polar bearish. >> all right. >> so they're warm today. no longer cold. don't look for the goosebumps. i feel that. i have goosebumps because finally within 24 hours, we'll get some results.

the 10-month marathon can actually gun. we actually go in for a contest and we'll have a winner and loser not by this time tomorrow but by this time on wednesday. >> that's right. exactly 37 hours from right now, the caucusing will begin in earnest in iowa and according to the -- and we should point out that the des moines register poll historically has been very accurate in predicting who the winner will be. as you can see right here, it is a two-way tie for first place betwix mitt romney and ron paul both in the low 20's. what's interesting is notice rick santorum who has essentially doubled michelle bachmann who won the iowa straw poll. he is surging in the final day of this particular four day poll. >> he's had a meteoric rise. it's interesting, if you look at this poll, they talk about how they did it. in the first two days, he was at 7% and in the second day, he was at 22%. they averaged it to 13%. they are not sure if this that

tells that story. whether he may win this thing tomorrow. lots of pundits believe he's within striking distance and he could win it, rick san sore up. >> if timing is everything, santorum certainly has the timing. if he had this lead two weeks ago or 2 1/2 weeks ago, he would have been the target of all the money that poured in from the big money campaigns like perry and romney and like ron paul. but no one was looking to rick santorum. they said isn't he looking cute in the sweater vest? he's actually winning this thing and he has a strong background in conservative values and voting. so he has some weaknesses and they're going after those weaknesses today and that is pork barrel spending, earmarks for people of pennsylvania. and, perhaps, his support from mitt romney himself two years ago. >> sure, one of the people who has gotten out a long knife is michelle bachmann. yesterday, she said of rick santorum who is surging, "if you look at spending in washington,

d.c." and keep in mind he was a u.s. senator from pennsylvania. if you look at spending, senator santorum voted for the bridge to nowhere. >> it's important for michelle bachmann and rick perry to go after rick santorum because they all divide the evangelical vote. they want to consolidate that vote. that's how they can win iowa so they will naturally go after each other. >> did you say mike huckabee? we booked him for today. >> brilliant. >> one hour from right now. >> we also have governor perry and donald trump. by the way, be honest, do you like ali's hair? >> i like your hair, did very good job. >> is 2012 the year of kissing up for you? >> it's working. by the way, one other thing. during the coming year, brian and i have vowed, our resolution. we're going to dress alike. >> this is ridiculous. >> every day. we're going to dress alike. >> that's cute. >> isn't thatry du ridiculous? >> that's going to be cute. >> there's a lot going on especially in washington. >> that's right.

in the great state of my birth, iowa as well, james rosen joins us with a breakdown and i think you'll explain what the caucuses are exactly. >> i'm not going to put on a cardigan and hear some gentle music and voters can be forgiven at the end of bruising period of charge and super charge, they're left with more than a few questions, primary among them, why isn't it called the iowa primary? is it the iowa caucus or the iowa caucus? who is carl cameron, why won't he leave me alone and what exactly comes out of this strange event, equal parts election and circus. let's start with the definition of caucus is a closed meeting of a group of persons belonging to the same political party or faction. usually held to select candidate or to decide on policy. here's how it all works. there are 1,774 different voting installations or caucus meetings

across iowa tomorrow starting at 7:00 p.m. central. the participants are all registered republicans who will be at least 18 years old on election night in november and all arrive and sign in. pledge of allegiance is recited. individual caucus chairmen and secretaries are selected and each candidate is intielthed to have a surrogate speaker for him or her for two to five minutes and the voters get their little slips of paper. that's how they go down. no delegates get awarded. no one placed third or fourth has went on to win the nomination. >> one of the most interesting things for someone like you, if you were in iowa and voting because you're so persuadible will be the advocates, advocates for the candidates who will get up and try to win people over until the last minute, correct? >> right, these are local pastors and these are people other iowans know and people they listen to and we've seen all along there's a very fluid caucus season here and people finally will have to make up their mind and stop dithering when the pollsters call them on the phone. >> and they'll miss those calls.

james rosen, thank you very much. i'm glad you have the same questions about carl cameron. >> everyone does. >> let's talk about what's going on in aiowa and what's happening to newt gingrich. as you know, his support has plummeted. i mean, down from -- >> a million. >> down from a million to 12%. so he has been the recipient of the most negative ads. 45% of all the political ads that have been on the iowa airways have been negative ads directed at newt gingrich. you have to wonder where his support would be if those negative ads had never happened. so he was asked if he feels as though he's been swift voted referring to what happened to john kerry when a pact outside of the other candidates went after john kerry's military record. this pact that is, you know, not connected to mitt romney, mitt romney says have gone after newt's record.

let's hear what he says about that. >> did you feel swift voted? >> no, i feel romney voted. >> in going forward, newt does apparently plan to be more confrontational in his exchanges with mitt going into new hampshire. >> however, he's on the record in 2006 saying romney care is a great idea. >> there's a brand new suffolk university poll out in new hampshire, though, and romney now has broken the 40% mark. he's at 41% and everybody else in the back of the pack. mitt romney is taking a shot at the president of the united states and he's referring to somebody who was married for 72 years in the slam against the current president. >> i've been looking at video clips on you tube of president obama, then candidate obama going through iowa making promises and i think the gap between his promises and his

performance is the largest i've seen, well, since the kardashian wedding and the promise until death do we part. >> this is the second joke he's made as far as i can tell on the campaign trail. first it was lucille ball, comparing newt gingrich. and comparing the president and kim kardashian. >> they're effective. >> he's moved up his pop culture references from the 1950's and current day. >> i will say this about the kardashian wedding. those two kids tried to make it work and it failed and i think we should back off. >> what does this make -- does this make joe biden the kris humphries of this whole thing? >> you're exactly right. >> because there's been some suggestion that they might drop joe biden for hillary clinton. to become vice president and they'd swap jobs. >> that's a metaphor. >> busy, busy morning as you can see news wise. glad you would be with us on this special day that's a holiday for many but not the three of us. >> wake up. you have the caucuses tomorrow,

america. if we're here, you got to get up. a new poll finds capitalism is on the decline and socialism is on the rise. can we thank the occupy folks who tried to take back zuccotti park yesterday? that's next. >> plus, donald trump support a friend telling "fox & friends" that donald has all his ducks in a row for an independent run for president. we're going straight to the source. donald trump is going to be here live. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm

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>> glad you're up. occupy wall street protesters have spent months railing against crony capitalism claiming the divide between rich and poor should be stamped out. >> 40% of americans view capitalism negatively. that was at the end of 2011, last week, compared to 37% in early 2010. >> here to weigh in is financial analyst and portfolio manager of capitalist pig hedge fund jonathan honning joining us from the beautiful town of chicago. good morning to you, jonathan. >> happy new year. fo good morning. >> this is kind of sad that only 6 in 10 see socialism as a bad thing and capitalism is on the way out. >> yeah. it's sad, steve, it's disgusting i think more than anything

especially among the occupy wall street goons, in my opinion, there's a real ignorance as to what capitalism is. it's been smeared persistently by occupy wall street, by the left, by even our own schools, even our own president has a system that's amoral, it's racist, in actuality, nothing can be further from the truth but when you hear again even our own president call capitalism a winner take all society, it's no surprise, i suppose, that the popular opinion polls reflect a negative perception of capitalism. >> isn't it also possible this is a byproduct of the recession and lousy -- in a lousy recession, they think capitalism doesn't work so well. >> that's how it's played. the 2008 financial collapse was caused according to the occupy wall street folks by capitalism. again, nothing can be further from the truth. what needs to be taught in

schools, unfortunately, is that capitalism is the american philosophy of individual rights where your life belongs to you, you're free to trade and act like you see fit. that's a message that doesn't get through. >> if you want to have an example of a successful socialist country, we don't have any and i'm wondering where are people pointing to in terms of a prototype? >> yeah, i mean, brian, you hit the nail on the head. show an example throughout history where socialism has actually worked and it hasn't. but the occupy wall street crew, they take it for granted, the material prosperity that capitalism has afforded us and to your point, of course, the most capitalist countries have always been the most prosperous. besides that, though, what needs to be, i think, pushed forward more than anything is that capitalism isn't just productive. it's moral as well. it's the only system of justice where you have a right to your own life. you're not here as a means to an end for the greater good. >> if you're not out to get ahead, why get up early? like all of us.

why work hard like all of us? >> exactly. exactly. >> what the heck is the point? >> yeah. and i think that's the point is that capitalism, the achievement and the pursuit of values through trade and thinking is a positive end. is a positive thing. but unfortunately, it's just smeared persistently. i think it starts in the schools and we see it on the streets with the occupy wall street crew. >> he's not only a capitalist, he's a capitalist pig. happy new year. >> happy new year. thank you. >> you might not want to but remember this -- >> ♪ o'er the land of the free >> should people like roseanne be fined for mocking the national anthem? that's coming up. >> couldn't get her to the ground. that's the problem. >> momentum in iowa shifting towards rick santorum and our next guest says it's the latest sign that the g.o.p. does not want to nominate mitt romney. is she right?

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>> now, we got some monday morning headlines for you. the trial for egypt's former president hosni mubarak and his two sons picks up again today. protesters gathered outside the courthouse early this morning in cairo and authorities now investigating whether friendly fire may have killed an off duty atf agent during a drugstore robbery on long island in new york this past weekend. he was reportedly trying to stop the robbery when the agent was shot and killed. ali? >> steve, the iowa caucuses now a three way race with mitt

romney only two points ahead of ron paul and rick santorum surging into third place so who really has the momentum going tomorrow? our washington insiders are here to debate that. former white house deputy communications director and a president obama re-election surrogate and former political advisor to romney's 2008 election campaign, brad todd. thanks for being here, guys. >> good morning. >> good morning, alisyn. thanks for having us. >> pleasure. the headline today is santorum's momentum, do you think this momentum, he has surged to third place though many people think with the margin of error of 4% that he actually could be higher than that. do you think this will translate to a win to him tomorrow? >> he certainly could win tomorrow night. let's not give rick santorum too much credit. his mismove in this campaign has been to walk out of the hospital 30 years ago with a name other than mitt romney and he's been the last guy to inherit that fairly sizable chunk of republican primary votes that's looking for an alternative right

now and he's simply getting to that pile of votes last. he's a little bit more entitled to those votes than newt gingrich was before him because of his ideology actually matching those voters but let's take this surge for what it is. >> and what do you make of his late surge? >> the person this is most disappointing to is mitt romney despite the fact that he's been campaigning for five years. he's spent nearly $4 million between his campaign and the super pac, there's a huge enthusiasm gap for his candidacy and people can't get comfortable with it. he's not bringing new people into the system. he's not energizing and invigorating voters and that should be a real concern for his campaign at this stage in the race. >> what do you guys make of the fact that ron paul took this weekend off, this critical weekend and he went home for the holiday and here's why i think it's significant is that 41% of iowans say that they're still undecided. they can still be swayed so brad, did he make a fatal error here? >> no, he could go to neptune for all that matters. i mean, he's the first guy in

politics whose floor is indistinguishable from his ceiling. if you could consider voting for ron paul, you probably couldn't consider voting for anyone else so i don't think it mattered. >> what do you think? >> i think we can all agree that the likelihood of a ron paul nomination is about as likely as a big heat wave in des moines tomorrow. so it's not as big of a factor, i think, in the long-term race as people may be making it out to be today. >> but let's talk about what happens after iowa because obviously, then there's new hampshire so you say that the likelihood is, well, highly unlikely that ron paul -- wait a minute, he's second in new hampshire. let me pull up a poll for you. latest numbers from new hampshire, 41% a sizable lead going to mitt romney. 15% ron paul and 11% is newt gingrich. if he wins iowa, does that give him all of the momentum to push him closer to mitt romney there? brad? >> no, no, i think if ron paul wins iowa it's as if iowa didn't happen.

he's not a plausible nominee for president. he's making a point and that point will happen. he'll get a do over and restart in new hampshire in a week. >> what do you think? >> don't take it from me. he said a loss for ron paul would be a major disappointment. he needs to come out of here tuesday night, wednesday morning with a win as he heads into new hampshire. >> one word answer, guys, who is going to win iowa tomorrow, brad? >> mitt romney is going to win iowa tomorrow night in my opinion and i think that that will get him through the mass portion of this exam. >> all right, jennifer? >> mitt romney set the expectations. he's going to win. so i think that's where people may be betting on the republican side. >> that was more than one word. i'm going to give it to you guys because you're so articulate and fabulous. >> thanks so much. great to have you. >> thank you. >> all right. meanwhile, an army soldier is under arrest accused of trying to board a plane with military grade explosives.

was that a stupid move or something even more sinister? we have the new details for you this morning. plus donald trump's good friend telling "fox & friends" the donald has "all of his ducks in a row for an independent run." we're going straight to the source, donald trump here live. sometimes life can be, well, a little uncomfortable, but when it's hard or hurts to go to the bathroom, there's dulcolax stool softener. dulcolax stool softener doesn't make you go... it just makes it easier to go. dulcolax stool softener. make yourself comfortable. the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed. mmm. great grains. the whole whole grain cereal.

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>> all right. welcome back. thanks for celebrating the brand new year with us here at "fox & friends." >> i know a lot of you are saying i don't have to go to work today. no, you get up. you have to get in the habit. >> don't have to get up. just watch. >> everybody should be awake. >> you don't want to jolt your system out of tuesday after having a week off.

start getting in the groove by watching us. >> fine. so you know tomorrow what's going on, we have headlines for you right now. these are the stories making headlines at this hour. u.s. army sergeant trey atwater waking up behind bars this morning. he will be arraigned tomorrow morning on charges he tried to board an airplane with the military grade explosive in his carry-on. he was heading from texas back to his military base in north carolina. investigators say in order to use the explosives he would have needed a detonator which he did not have. >> sounds like a mistake. >> virginia attorney general backing off his call for rule changes to allow more republican presidential candidates on virginia's primary ballot. only mitt romney and ron paul made the ballot and the attorney general wanted to find a way to get more candidates approved but now he says it's too late to make the changes to the rules that would be fair to romney and paul. the virginia primary is march 5th. >> the easiest problem to solve was how to cheat.

yes, the new york teen who took college entrance exams for cash speaking out for the first time last night. he said his scheme couldn't have been easier to pull off. >> as easy as going in, keeping your head down, giving the proctor the flash of the i.d. no security gauntlet. how hard would it be to trick a cafeteria aide into letting you sit in that seat? >> police arrested him. he's 19 years old and they arrested him back in september along with 20 other students and he's since accepted a plea deal that keeps him out of jail. saw him last night. >> talk about an amazing rescue. at least 10 good samaritans jumped into a freezing utah river to save three kids trapped inside this car. the vehicle plunged down a 10 foot embankment after the driver lost control. >> the man next to me started yelling "my son, my son is still in the car" and i grabbed the

knife and i cut it and pulled the little boy out and another man grabbed him and started doing the heimlich. >> doctors say the 4-year-old boy and his 9-year-old sister and her friend are all going to be ok. thank goodness for good samaritans like brian. >> yeah and speaking of good, it was a good night for new york giants fans. who also are new jersey giants. >> if you're watching this right now, you probably need a cold shower. you're up late. all that was at stake, a playoff berth and a division title. the loser goes home for the winter. by the way, you're look at a man who was undrafted. victor cruz, a year after not making the roster is now -- well, in my mind, should be in the pro bowl. what a run for him. eli and company took a 21-0 halftime lead. after a brief comeback, it was time for the giants to bring it away. they walk away with the division title and they'll open up

against atlanta and they'll host even though atlanta had a better record. tim tebow, even when he loses he finds a way to win. he fell short in coming back against the chiefs. no more four quarter miracle at this time. the broncos lose 7-3. thanks to the chargers beating the raiders, the broncos are going to the playoffs at 8-8, they go against the steelers next sunday. new orleans saints quarterback drew brees throwing two more nfl records. his final season totals 468 completions and 71.2% passing percentage. it's staggering. new nfl records. threw five touchdowns yesterday. the game is too easy for drew brees. they should be allowing defenses to use extra players. by the way, tom brady still holds the records for touchdowns. the saints go up against the lions on saturday. that should be a great game. other game is bengals against the texans. that's a quick look at what's happening in sports. >> the author of "time on get

tough" mr. donald trump on the phone. happy new year. >> happy new year. good morning. >> how are you? >> i'm very good, thank you. >> there's a report out that activists in the state of texas have filed for a third party run for you, perhaps, to run for president trying to create the make america great again party. what do you know about this? is that your first foray into the official 2012 run for president? >> well, i just heard about it. in fact, i heard about it on your show. and frankly, i think it's a great name, make america great. that's a beautiful name. that's what it's all about, making america great. i don't know anything about it. it's certainly there are millions of people that would like to see me do something. not because of me. but because i want to protect this nation. we're being eaten alive by other nations and by, frankly, people that are not smart that are representing us. >> one of the people that wants

you to run is your friend roger stone, we had him on "fox & friends" yesterday and he said you have all of your ducks in a row and you could make an independent run. let's listen to what he said yesterday -- this weekend. >> he's made it clear, the forms are there for all to see. buy the book. he's worth $7 billion. he has $350 million cash on hand so he has the personal resources to launch a very late independent bid and affect this race. >> he knows a lot about your finances. and so donald, we're just curious, what has changed in your mind since may when you said you didn't want to get into the presidential race because you didn't want to leave the lucrative apprentice franchise. >> i've been saying from the beginning if the republicans pick the wrong candidate, someone that is going to lose that is possible if you look at what's going on. look at what's happening in iowa, it's crazy. if the economy continues to be bad, our leadership continues to be bad which that one i can predict will definitely happen.

our leadership is terrible in this country. i would certainly consider it. i switched to an independent. if i didn't do it by the first of january, i wouldn't be able to do it. i did make that switch. i didn't want to make that switch. that's the way the laws read. i did make the switch and i do have my ducks in line if i want to do it, but i'd love to see the republicans pick somebody that was going to win and take over this country and frankly, to use the expression, make america great again. >> you know, donald, welcome to the new year. i do know that you follow this thing and you're extremely aggressive with what's going on in the politics. you say what's going on in iowa. what's going on in iowa that has your eyebrows raised. >> well, i think when somebody like ron paul gets such a large percentage of the vote potential, i look at the polls and i think it's absolutely madness to even think about it. i just -- i just see that candidates go up and down, it's

like yo-yos, they go up and down, they're gone and forever forgotten and then they emerge. what's going on is very strange. i don't think i've seen anything like it and i've been following politics for a long time. >> in my mind, ron paul is one of the people that would force you to get in. you do not think he can get elected. is rick santorum the other? >> i don't want to say now. i like rick santorum, i spoke to him a couple of times. i like him and he's a really nice guy. he's done very well. you have to give him credit. he was 1% for so long and he's shooting up. you have to give him credit in terms of, you know, one of the things that i write about success is never give up. certainly he never gave up and he's doing very well. >> he is. of course, a lot of people this time of year make predictions for the coming year and since you have made -- we just heard roger stone say you've got a bunch of dough in the bank, what's your prediction economically for the coming year for people watching? >> well, i think the economy is basically going to keep trudging along the way it is.

i think you're going to have very high unemployment. i think that there's going to be no catastrophic events although europe could hurt us. but, you know, you could also europe is a competitor. you know, people forget they did the euro in order to hurt the united states. the european nations got together and they created the euro. why did they do that? to better bargain against the united states so, you know, that's one of those things. it's not as sinister as what china is doing to us and not as sinister as to what opec is doing to us. the euro was done not to the benefit of the united states and now it's coming home to them and it's not a good situation. but i think that the economy will be pretty much as it is because people are waiting to see what happens in november and if the right person gets in, i think you're going to see a tremendous thing happen in this country. we have tremendous, tremendous potential if we had proper leadership which we don't. >> i was really concerned about for -- as an american is that the president's new strategy of

disengaging. he's not going to deal with congress for an entire year? >> well, he's really, you know, when you talk about somebody trying to get elected and it's probably a good thing for him to get elected but a very good thing for the nation. he's absolutely created class warfare. i see it all the time. i see it even in people i'm meeting. you have groups of people fighting each other and that's what he wants and that's what he's good at and frankly, in terms of a strategy to get elected, i think it's wonderful. in terms of what's good for this country, it's horrible and he should be ashamed of it. >> apparently what he's trying to do is he's trying to invoke what harry truman did with the do nothing congress. look, these guys up on capitol hill. he doesn't mention that half of the houses are held by democrats, they're not doing anything so i'm going to go directly to the american people like harry truman. wait a minute, with harry truman, the buck stops there with responsibility. yet it sounds like the president is punting. >> a real leader would get the republicans and the democrats

together and get this country going. that's a really leader. we don't have a real leader. we have somebody who how he ever got in that position is mind boggling. >> happy new year. great year to you and keep us post the on what you decide to do with the run and you'll join us again every monday. >> and donald, there's a special tribute to your appearance, we'll wear donald trump ties every monday. >> definitely hope so. >> they have already begun. you'll be happy to know. >> thank you very much. i love the show. >> all right. thank you, donald. happy new year. all right. straight ahead on this monday morning, more on the breaking news overnight. iran test firing two missiles. a serious threat or more mind games? we'll take a closer look at what's going on in the gulf. >> and should people like roseanne be fined for mocking the national anthem? >> you have a muzzle? is she redoing it or is her awful singing protected speech? we'll report, you decide.

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>> we're keeping a close eye on iran this morning after an iran news media reports that the country's military successfully test fired two long range missiles and threatening to test another one near the international waters. this comes one day after the country announced it created nuclear fuel rods. all this part of iran's latest war games in response to sanctions from the west. joining us right now from dallas

is middle east expert jeremiah o'keefe. how significant are these latest two developments? >> very significant. if you read what the iranians themselves are saying in the media, they're bragging about the fact that they've been able to prolong negotiations, the entering into negotiations with the united states and the west. and this is simply just another strategy of mind games with us saying that they want to come to the table and then firing missiles and then announcing missile rods or nuclear rods being produced. this is -- you have to remember, these are the folks that invented chess and they ridicule the united states and say we're accustomed to playing checkers, that they're far superior in their thinking and strategy than ourselves. >> that's well and good. we have made some moves. they now have some missile defense that's going their direction. f-16's, more are going to saudi arabia and we've brought in our aircraft carrier back to the persian gulf. is that good chess playing? >> that's good chess playing.

but the iranians are in for the long haul here. you have to remember, they've been fighting us for 30 years through covert actions. >> do they want a confrontation right now? >> no, they don't. not right now. not right now at this point in time. >> so maybe we should force it. here's rick santorum yesterday. this is resonating well in iowa. here's his stance on iran if president. >> make sure that iran knows when i say that iran is not getting the nuclear weapon, that we will actually affectuate policies that will make that happen. i say to every foreign scientist that's going to you iran to help them with their program, you'll be treated as an enemy combatant like an al-qaida member. iran will not get a nuclear weapon under my watch. >> he will go to degrade them in a military strike. is that feasible? >> absolutely feasible and probably necessary here in the near future. >> i guess so. we might even have that opportunity. now, jeremiah, we know they have our drone.

we also know that they have war games that will shut off the strait, do you believe that's something we should look at as a legitimate threat that they might actually do? >> absolutely. absolutely. all indications are that's part of the test with the surface to air missiles. that's to deny movement of aircraft in their airspace or in the airspace in the region. again, but that -- this is our move and they know the sanctions are going into place this coming year and they're trying to demise the full implementation of those sanctions through intimidation. >> what is the administration not doing that could help us out of this situation? >> what we need to be doing long term is taking a look at syria, ok? we need to be looking -- if syria falls, so goes iran and right now at this point in time, food prices have risen by 40% in iran. the masses are investing their

moneys in gold and foreign currency. there's a great deal of fear among the population. and again as syria goes, so will iran. >> yeah. >> and we ought to be operating covertly behind the scenes to ferment that for the long haul. this reminds me of nazi germany during their march to the second world war. everybody wants to deny what the bad guys were up to and what the intent was. and there was appeasement and everything else and in the long term, look what it got us. >> right. syria is iran's ally and assad's government is under siege and they are butchering their own people and we're not doing much it seems. jeremiah o'keefe, middle east expert, thanks so much. >> thank you. >> all right. remember this? well, we've been reminding you. roseanne butchering the star spangled banner. should that be against the law or is it free speech? then what does it take to win iowa? how much does it matter? former arkansas governor mike huckabee took the state in 2008

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>> the question for you -- should a singer be fined for mocking our national anthem? >> ♪ o'er the land of the free and the home of the brave ♪ >> i need a lozenge listening to that. well, one indiana state senator wants you to pay a price for singing any slip-ups. is that going too far? comedian brad stein joins us this morning from the great city of nashville. good morning to you. >> good morning, steve. happy new year. it is 2012.

this is a big year for america. buckle up. this will be quite an adventure. >> it is indeed. let's talk -- start with what we're talking about at hand. one says this, singing the national anthem is a sign of gratitude who those who have served our country, a tradition that should be preserved. what the state senator is offering is if somebody messes up the national anthem in a way that's unacceptable, they should be fined $25 like roseanne barr who lowered the bar for the national anthem. >> she sure did. she was singing songs that even the geneva convention said was illegal. i love that. i also love the fact that the woman that's doing this, steve, is a hoosier. i'm a hoosier. ok, you know what hoosier means? no, you don't. we don't know what it means. we have a collective nickname called hoosiers. it could be an indian word that said mule with head stuck in

log. we don't care. you know why? it's our tradition and we honor it. the national anthem is a tradition that should be honored. there was a canadian woman that did that. she sang our national anthem on some ice and she messed it up. she went and got the words, came back and slipped on the ice and landed on her butt. ok. that's what happened. we laughed hysterically when she fell down. that's the key. if you mess it up, the least you can do is fall over so we can forget the fact that you don't know the words to the song for your own nation. i think that might be a good solution. >> but what about the suggestion that now there would be a new rule or new law that if you don't sing it appropriately, you should be fined. for instance, not too many years ago, christina aguilera at the super bowl completely loused up the words. she just simply forgot. should she be fined $25 or messing it up? >> well, i believe that there's a difference between mocking it and messing it up. i really think that maybe that we need to make a distinction there because the first

amendment says it's free speech but, you know, when you bring a melody in, suddenly you have a song so should you be fined? i don't know, i'll tell you this. what i'm really tired of are the person that use the first amendment to mock our country and they don't care about it and they try to pretend they're making some kind of big statement. the left uses this thing called sensitivity training when we mock their values. the right should have a sensibility training where you have to honor everything that's great about america and by the way, if you're going to mock our songs, you should take it on tour. go ahead and mock our song. then you have to go to north korea and mock their song and then you get to go to iran and mock their song. then when you come back, if you have any limbs left or a larynx, perhaps then you'll understand why we shouldn't have to fine you $25 because you're going to honor our song because this is the greatest nation on earth. perhaps we should let them go sing other people's songs and make fun of them and see what they think. >> what i hear you saying is that if somebody knowingly mocks the national anthem of the united states of america, they should be fined whereas, you

know, if some lion's club has a little kid come up and sing and simply has no talent or forgets the word, in the spirit of america they shouldn't be fined because they're doing the best they can. >> that's exactly what i'm saying, if you mess it up, it's a mistake. if you mock it, you don't have a right to do it. there's people here who say they're making a statement. let me explain something to you. you can stick a fork in your head and make a statement but if you do, you're an idiot, ok? if you burn our flag to make a statement, you're an idiot. if you mock our song, you're an idiot. welcome to the first amendment. it happens to work for the right, too. yes, you should be fined. for crying outloud, use the word honor because people died for. it the founding fathers assumed when they gave us free speech, we would honor our symbols fortunately i think we need to go back to that. >> stick a fork in him. he's done. brad stein, well put. thank you very much for joining us live today from nashville. >> my friend.

>> all right, my friend. happy new year. straight ahead, did you know that the american flag is a safety issue? so it was taken down. and thrown away! you've got to hear this story to believe it. and kelly clarkson can thank ron paul for putting more dough in her pocket. we'll explain. top of the hour. you're watching "fox & friends" on this monday. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories --

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>> good morning, everyone. it's monday, january 2nd. i'm alisyn camerota in for gretchen. while you were sleeping, iran test fires two long range missiles just one day after announcing they also have their first nuclear fuel rod. we're live with the very latest for you. >> all right. it's the final push. so what does it take to win iowa? how much does it really matter? former arkansas governor mike huckabee took the state in 2008 and he's here with his predictions. >> he didn't actually take the state. he just won. >> he was in control for sometime. >> right. meanwhile, there's outrage over old glory. an american flag flying in a traffic circle has been removed and trashed over a safety issue. does that look unsafe to you? "fox & friends" hour two for a monday after new year's starts right now.

>> hey, it's demi lovato. >> this is danika patrick. >> this is elizabeth hurley. you're watching "fox & friends." it's a fabulous show. >> thank you so much. she's fabulous. good morning, everybody. great to be with you. happy new year, everyone. >> good mornings. >> still to come two governors. governor perry coming your way and governor huckabee in a matter of moments. go to the fox news alert. show of force in the persian gulf big time. iran has test fired missiles and threatening to shut down a major oil shipping lane. >> leland vittert is live at our jerusalem bureau with the latest. what do we know? >> good morning, ali. the missile that was test fired is a surface-to-surface missile meaning it's designed to go after ships in a range of about 75 miles which is more than enough to be able to fire into the straits and that's a key oil shipping route that goes from the persian gulf from places like saudi arabia out to the united states with some very needed crude oil. this drill is a 10-day iranian military drill designed to show

off what they're capable of and essentially to threaten the world if you mess with us or if you continue these kinds of sanctions or increase the sanctions against our nuclear program, the threat is they're going to shut down the strait which would totally change the world economy here. the video that they have put out is very well produced. it is simply very provocative but doesn't necessarily really show the iranian military being all that capable. in fact, many experts have said that the iranian navy which is there would be a little bit more than a light workout for the u.s. navy's fifth fleet which has a battle group near the strait and said they will not tolerate the iranians shutting it down. there's a bit of irony here that one of our editors in jerusalem noticed. take a look when we stop the video. this is the iranian's most sophisticated weaponry. the iranians most advanced military aircraft, an american made f-4 phantom circa 1960's.

while there's a lot of bluster and military chiefs gave soundbites had a lot of brevado, the video shows somebody with a whole t of hot air and probably not a lot of military capability in order to back up those threats if the world actually decides to take any action against their nuclear program. ali? >> totally different story if they had a nuclear weapon, though, and especially if they have a -- >> exactly. >> now they have a rod. >> exactly. thanks so much for that report. let's get to the rest of your headlines and this breaking news overnight. teams of officers are hot on the trail of an armed gunman accused of murdering a park ranger at mount rainier. here's the suspect, 24-year-old benjamin colten barnes. it's believed he has strong survivalist skills. he's an iraq war veteran who allegedly suffers from post traumatic stress. he's accused of killing margaret anderson, the mother of two young children and wanted in the

killings of four people at a house party. they believe barnes is still inside the park. the park is shut down at this hour and rangers used the cover of darkness to evacuate tourists. well, there are brand new developments out of california at this hour. as many as eight new fires were set early this morning. and police believe this is the work of a serial arsonist. police also just releasing new surveillance video of the man they've tied to two of the fires. there are now 39 cases of arson in los angeles and west hollywood just since friday. some of these are causing significant damage. luckily, no one has been hurt. a $60,000 reward is being offered up for any information. the u.s. army sergeant trey atwater waking up behind bars this morning. he'll be arraigned tomorrow morning on charges that he tried to board a plane with a military grade explosive in his carry-on. he was heading from texas back to his military base in north carolina when the discovery was made. investigators say in order to use the explosives he would have needed a debted nart which he did not have.

well, a woman gives birth to a new year's baby after giving birth to a baby in the old year. that's right. one minnesota family welcomed twins into the world this weekend. these twins were not only born on separate days but they were born in different years. a baby boy born just before midnight and soon after, his sister was born and to add to the unexpected situation, these babies were not even due until mid february. those are your headlines. that's funny that they're born in different years. >> it is but that is cruel because for the rest of their lives, the mom is going to have to fill things out, ok, was -- >> was it 11 or 12? >> i know, i mean, my twins were born just three minutes apart. the older one lords it over the younger one. i'm the oldest. >> she says. >> and we should go in order of age. i'm the oldest. >> the problem is you can't keep them straight. how often do you call one the other one's name? >> actually i don't but my husband does all the time. >> let's see how governor

huckabee is and if he has similar problems. how old are you? >> stop it. good morning. >> that's all you'll say. >> speaking of age, hard to believe it was four years ago that you won the iowa caucuses and mitt romney came in second. now, mitt, according to the polls, if you believe them, is right there within the margin of error with ron paul. governor, who do you hi -- think is going to come out on top when we're talking about this on wednesday morning? >> i think there will be three people coming out of there in the top three. it's going to be mitt romney, ron paul, rick santorum, not necessarily in that order. rick santorum could win. ron paul could win. but i think mitt romney will actually end up probably winning with rick santorum coming in second and ron paul third. that's my prediction. >> what's the difference this time around, governor? is it a tighter race all around dividing the vote because the percentage is about the same that made him runner-up to you, correct? >> well, the value voters which really consists of not only the

evangelicals but the pro life catholics and a host of voters in iowa are very, very conservative particularly on social issues have splintered this time. some are with santorum. you see the rise of his poll numbers and the momentum that's clearly in his direction. you have some significant value voters with michelle bachmann, some with rick perry and a number of them with newt gingrich. some of the strong activists are splintered and i could point to some with bachmann and some with gingrich and some with santorum and all of those are factors that get mitt romney whose supporters are very -- they've never been huge, he's never going to get, you know, 35% of the vote but his supporters are stuck. they're there. they're going to be there. ron paul has a similar situation. the difference is ron paul has a ceiling. there is a level beyond which ron paul won't rise and if the turnout is high, that hurts ron paul, it helps rick santorum. it's neutral to mitt romney. a lower turnout helps mitt

romney and ron paul and that's what we'll have to look for tomorrow to see how excited people are when they go to the polls. >> governor, i know you don't like calling this block of voters evangelicals because they're more diverse than that. i know that home schoolers, for instance, parents who teach their kids at home helped you a lot four years ago. what were you doing exactly 24 -- i mean, 24 hours before the caucus four years ago that allowed you to win. i mean, were you mobilizing buses? what pushed you over the top? >> well, the key thing is making contact with your voters and mobilizing them. you know, it's one thing for people to answer a telephone polls survey but on caucus night. they actually have to leave their homes and go to some drafty schoolhouse or church fellowship hall and sit there for two or three hours so you have to have voters who are going, we were on the phones nonstop from as early as you can call people to as late as you can get away with it not just saying we hope you go. asking, can we count on you and then calling them back the day of the caucus to say, will you

be there tonight? we're going to check on you. you have to have accountability. if you don't, you simply will not win in a caucus. and so it's not so much about how many ads you've run and not about what kind of buzz you have, it's have you been able to energize the voters and mobilize those voters to stand up in front of their neighbors and declare they're going to support you for president. >> sure. and one of the things that happened yesterday, governor, was the fact that at a number of churches all across the great state of iowa where i was born, a number of pastors and ministers got in front of their flock and said listen, i want you to vote for this guy or this gal as well. how persuadible do you think some of the people and we hear the number is 41% still, you know, could be persuaded would be persuaded by their own man of the cloth or woman in the cloth to say ok, you need to follow rick perry or michelle bachmann or rick santorum? >> it could be a big impact. personally i think that's something i would not recommend a pastor to do even when i was a

candidate, i told pastors, look, encourage your people to vote but don't name the candidate. if you put a bumper sticker on your car and say here is who i'm going to vote for. the pulpit is never a place to instruct people to vote for but to instruct them to vote. it's the place to preach jesus and not a candidate. jesus is not going to fail you. every candidate will fail you in some place and some more than others. and it's really dangerous to put your pulpit's message out there for a candidate even though a lot of pastors will do it. instruct them in citizenship and in informed, intelligent voting and not just emotional voting and then if they want to know how you're going to vote as a pastor, tell them. do it in the parking lot and not on the pulpit. >> when this happens and they're in the actual caucus and committing the votes and deciding where to go, how often is it that you know of that if

somebody, for example, is going for rick perry and it's clear they walked in there for rick perry but see that perry is getting very little resonance, that they switch and that they flip and go with the frontrunner because they don't want to be with the loser. >> it happens a lot, brian, very good point you've made that a lot of people have never talked about. these are not the kind of decisions where you slip quietly into the voting booth, mark your ballot and leave and nobody thinks about you being there and you don't think about it and you have no idea what the mood or atmosphere is. they have banned signs and other election paraphernalia from the voting area, you know, within 300 feet most states have a law. in this case, everybody's got a button on. they got signs. they're waiting, they're cheering, they're yelling, they're screaming. you go in there and you look around and you think wow, all my friends and neighbors are for michelle bachmann, you know, i don't want to be the only guy up here for rick santorum or ron paul, it makes a big difference and that's why it's not just showing up for the caucus, it's the level of intensity of the voter that makes the huge

difference. >> and it could be there in the caucus room for a number of hours. do they have refreshments? >> if the candidates provide them, they usually do and the candidates, guess what, they provide them and i'm wondering does that have anything to do with it? it's a smart thing to try to accommodate the people that support you and generally in iowa, some warm beverage is appropriate always. >> you're not getting steve doocy out to the caucus unless there's something. >> i get some swiss miss. >> unless there's swiss miss or hot cider, all right? stick around, if you would, we want to talk to you about president obama's new strategy. and that is to attack congress with their dismal approval ratings. will that work? >> and with the gun pointed in his face, a store clerk battles a gang of robbers. instead of being rewarded he was fired. we'll hear his side of the story. dad, why are you getting that? is there a prize in there?

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video of a suspect they said was seen at two of the fires. they're not saying yet if that's the same person that is in custody. we will keep you posted as we get more developments into our newsroom. >> all right. president obama's new year's resolution for 2012, attack congress as part of his re-election strategy and so-called disengage. will this work? >> governor huckabee is back with us. this is an interesting strategy of the president. obviously, congress' approval ratings are at an all time low. they're at 5% according to the new report. however, as we were calling president obama on the campaign trail was going to be this post-partisan president. he was going to rise above the fray. he was not going to -- >> he was going to make washington work. >> he was going to make washington work and see compromise. what's going on here? >> first of all, if you notice congress' approval ratings just above a pedophile.

it's dismal. i guess his story is in terms of how low it is. it's a smart move on the president's part to say i'm going to run against congress because he doesn't have his own record to run on. what is he going to say? i shoved a health care bill down your throats that may be unconstitutional that nobody wants and still 70% of the people wish we didn't have it. he can't do that. he can talk about the successes that he's had in getting rid of bin laden or qaddafi. he can take credit for that. people are worried about their jobs, the economy and worried about their retirement accounts. those things are the really only issues he has. he can't say look at how beautifully i can imagine this economy. we can talk about solyndra and fiskar, all these things where he squandered billions and billions of taxpayer money. his move is to say it's congress' fault and there's 535 of them. their message is divided. that's where the executive branch has the distinct

advantage. it's going to be a tough message for his republican challenger to overcome. >> here's what the white house press secretary at a briefing. in terms of his relationship, the president is no longer tied to washington, d.c. it's sad for all of us because we want a leader. it sounds like he's going to be a campaigner and in the words of chris christie who famously said it a couple of weeks ago regarding the president of the united states. out campaigning rather than leading, chris christie said what the hell are we paying you for? >> well, you know, the one thing that obama, i don't think, fully grasps is that the best politics is good policy. if you lead well, and if your policies work, there's no greater political advantage than that. he doesn't have policies that he can really stand on and beat his chest about and say this is really working. so he's got to do what he did four years ago and that's campaign as if he's never had the job. the republican strategy needs to be to remind the american people every day that for four years,

they gave him this job for hope and change. this president has miserably failed him. >> your opinion real quick. why is it the polls read that even if ron paul is your guy or michelle bachmann is your woman, when they ask the republican voters who has the best shot against obama, why does it keep going back to mitt romney? >> because they still perceive that mitt romney's strength is the economy. he's a person that's been immersed on it. he's been strong on running on his record, understanding how the economy works and a good combination between the government and private level. when people look at him, they say he looks like the kind of guy that can lead and stand and deliver. he's made no major mistakes. that's a big factor. he's not messed up and run a very smart, almost flawless campaign today. >> reminds me of me as a host. i've not made any major mistakes in the last five minutes. >> well, i don't know. >> governor, great to see you. thanks so much for your perspective on this really interesting day. we'll see you soon. >> thank you, guys.

happy new year to all of you. great to be with you. >> sadly, this is as close as we're going to get to getting invited to your house. >> don't get used to it. thanks, governor. coming up on this monday, gunning for a new record. wait until you hear how many guns are sold on a single day before christmas. >> what's america worried about? >> plus outrage over old glory, an american flag torn down and thrown in a dumpster. officials said it was a "safety issue." we report, you decide. [ male announcer ] to the 5:00 a.m. scholar. the two trains and a bus rider. the "i'll sleep when it's done" academic. for 80 years, we've been inspired by you. and we've been honored to walk with you to help you get where you want to be

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>> glad you're up.

time for your news by the numbers. first, $1.9 million. that's how much money has been donated to so far so peter fergosi's scholarship fund. he was killed last month during a home invasion and the money will go towards a college fund for his four daughters. next 102, 222, that's the number of guns bought on december 23rd, the second busiest day for buying guns in history. that's how much money "mission impossible, ghost protocol" made at the office this weekend and cruised to the number one spot for the second straight week. this could make tom cruise a true superstar. >> i saw "war horse" it's great, too. >> tom cruise was not in "war horse". >> i had no idea. a town in maryland is fighting -- a town in maryland fighting for their american flag after it was thrown into a dumpster by the state highway patrol. we should say a family in maryland. the state workers say it violates the law.

why is there a first amendment right to burn a flag but not to buy one? john whitehead from the rutherford institute joins us right now from the commonwealth of virginia. good morning to you, john. >> good morning. >> ok, so the winkler family in maryland put up this flag three years ago and then they got a phone call, hey, hey, they're taking down your flag. they had replaced it after somebody had driven into it. and they're throwing it in the back of a truck. they say it was a safety issue. you buy what the state is saying there? >> listen, if something is up three years, it couldn't be too much of a safety issue. i don't think that's the issue, no. i think this is probably a bureaucratic blunder and it's caused, you know, a lot of bad public relations for the state. to me, it's a first amendment issue. what the courts usually look at in these cases is forum analysis. what kind of forum was created here? i think by allowing the flag to be there for three years, they basically created some kind of forum which means it's protected by the first amendment and so i

think they have a, you know, there is a right for this flag to be flown there. and by doing this, again, i'm as shocked at the way the flag was treated by throwing the back of a dump truck and being taken to a dumpster. these are state officials. they shouldn't be doing that but there's an easy way out of this whole thing is the state shouldn't be forcing american citizens to go pay for a flag and stick it in what i think is very much like a park and parks have been called traditional public forums where you have the right to symbolic expression and free expression. remember the occupy movement, they were using parks and they were saying it was their first amendment right. well, do you have a first amendment right to put a flag in a park? obviously. >> yeah, no kidding. well, here is rhonda winkler from the family that put up the american flag first three years ago and then about a month ago and what the state of maryland did with their flag. >> this is in memory of all the soldiers and in honor of all the veterans and soldiers and it's the american flag and it was

created to fly free as a symbol for all of us and in honor of america and in our pride and our history. >> we should point out that we reached out to the state of maryland highway administration and got no response from them. you're right. they have a public relations problem here because they don't want to be seen as the people who took down the flag and threw it in the back of a dump truck. >> so they have to come up with some kind of reason why they did it and they're saying safety but again, safety is a real issue in some of these cases but not what you allow something to be there for three years and again, i've looked at some of the footage of this particular traffic circle and it looks very much like a park. it's got trees and all kinds of things. so the state here very easily and i think this is a real issue where americans stand up and fight back and they've caused the storm here, keep the pressure on, force the government to put up a flag they should be paying for the flag and a flagpole. and it's their job to ensure that this occurs so the

government is there to protect the first amendment as well. >> sure and as we look at the traffic circle right there, i could understand a safety issue if the flag were standing straight out like the flag that the astronauts planted on the moon but, you know, given the size of that traffic circle and even if it were standing straight out, i doubt it would obscure a coming car. >> yeah, you know, we've won cases where people have been standing on right-of-ways actually in the road, you know, right by the road and the courts have ruled that that is also a forum where people have free speech rights. so do i think they have a right in this park? especially since they allowed that flag to be there three years. >> that's a good point. >> obviously, the state has created a forum for free speech. >> all right. john whitehead joining us today from charlottesville in virginia. thank you very much for your point of view, sir. >> thank you, sir. >> what do you think about that? the state of maryland taking down that flag and throwing it in the dumpster? you can burn a flag illegally but you can't fly one. friends at foxnews.com. meanwhile, the candidates are

making their final push into iowa but one man who is not there may be the game changer. what donald trump just told us in the past hour. and a store clerk staring down the barrel of a gun with one of the robbers screaming "shoot him". but when he defended himself, he was canned. get his side of the story straight ahead. [ male announcer ] what if you have potatoes? 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. alyour important legal matters in just minutes. now it's quicker and easier for you to start your business... protect your family...

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des moines, iowa. >> e on, man, shannon! >> she's couldn't cold. >> yes, she is! >> are you cold? >> listen, if only we could wear ski masks for live reporting. i don't think it's appropriate for live television. but i would. >> you're happy that we put up with it and put a disclaimer underneath you. tell us about this process, though. >> as you would imagine, all of the candidates are here. they're crisscrossing the hawkeye state making their last minute pledge for why they should be the g.o.p. nominee to come out of these caucuses tomorrow night much the airways, radio and television are blanketed with their ads. several of the candidates, as you would expect are predicting last minute surges. newt gingrich said it's because he's been positive and haven't run negative campaigns. here's rick santorum with his explanation of why he'll do well here. >> we've labored a long time and went out and talked about bold ideas and went out and talked about my record and talked about that we were the consistent conservative in this race. and that we were the ones that you can trust, that we were the authentic real deal that would create the real contrast with

barack obama, bold colors, not pale pastels. >> and santorum is not the only one trying to look beyond the primary and go right after a head-to-head battle with president obama. mitt romney who has a lot to gain or lose here has been talking about the president as well. in fact, he was comparing him to a reality tv star you may be familiar with. >> i've been looking at some video clips on you tube of president obama, then candidate obama going through iowa, making promises and i think the gap between his promises and his performance is the largest i've seen, well, since the kardashian wedding and the promise of till death do we part. >> and just based on the folks i've met in iowa, i don't think a kardashian on the ballot would do too well here. interesting thing, though, these candidates are going after independents and democrats, too.

one part of this caucus, you can show up tomorrow night and register as a republican for the first time there on site if you're at the right precinct and have the right photo i.d. and minutes later, you can cast your ballot for who can be the g.o.p. nominee at least as far as the candidates are in iowa are concerned. >> you're doing a great job. i remember reporting from new hampshire when it was 5 degrees and i had mouth freeze which you are not suffering from. at all. you're doing a great job. what is the weather going to be like tomorrow since that's apparently what it all hinges on. >> yeah, more of the same. there hasn't been snow here that's really nice. it's very cold and the problem is the wind that takes that wind chill factor down near zero. but these folks are hardy here. i asked the people last night when we got here on the ground, is this cold to you? they're like this is basically winter in iowa so i don't know that it's going to discourage them. if it were me, i'd have to feel pretty committed to my candidate to go on a night like tomorrow night. >> you'd like to caucus from your hotel room tomorrow. >> i don't see why not. we have coffee there. >> next up is going to be the alaska primary where you're heading right to noem from here,

i understand, correct? >> hush! >> thank you, shannon. check in with you again. now the rest of the headlines. you heard it first on fox and apparently so did donald trump. a good friend of trump's tells us he has all his ducks in a row for the independent run for president. there's new reports that supporters have filed paperwork in texas to create "make america great again" party. last hour, we asked trump to confirm the news. >> i just heard about it. in fact, i heard about it on your show. and frankly, i think it's a great name. make america great again. i love the name. that's what it's all about. making america great. i don't know anything about it. it's certainly there are millions of people that would like to see me do something. not because of me. but because i want to protect this nation. >> all right. trump sticking to his statement that he'll consider running if he thinks republicans are picking a candidate who he believes can't win. namely ron paul. >> and an investigation under

way this morning into reports that friendly fire killed an after-duty atf agent during a drugstore robbery. he was at a pharmacy in long island. >> a mile from my house. >> filling a prescription for his sick father and he was reportedly trying to stop the robbery when he was shot. authorities now say the suspect did not have a real gun and that's why they think the agent may have been killed by police accidentally. >> friendly fire. that's terrible. meanwhile, virginia attorney general ken cuchinelli backing off his call for rule changes to allow more republican presidential candidates on the ballot in virginia for the primary in 2012. only mitt romney and ron paul made the ballot legally and the attorney general wanted to find a way to get more candidates approved. but now, the attorney general says it's too late to make changes to the rules that would be fair to romney and paul who both qualify. virginia primary comes up on march 6th. >> listen to this story, it's an amazing rescue. at least 10 good samaritans

jumped into a freezing utah river to save three kids trapped inside this car. the vehicle plunged down a 10-foot embankment after the driver lost control. >> the man next to me started yelling "my son, my son is still in the car." and i grabbed the knife and we cut it and i pulled this little boy out and another man grabbed him and started doing the heimlich. >> doctors say the 4-year-old boy and his 9-year-old sister and her friend are all going to be ok. thanks to those good samaritans. >> wow. i can't believe they had a knife with them. >> be prepared. >> we need to be better prepared. >> i guess so. sunday night football, giants against the cowboys. cowboys needed more than a knife. they could not stop the giants on the road. they'll be going home and not to the playoffs. big blue in cruise control all night. victor cruz undrafted from massachusetts, six catches, 178 yards. i believe he was the fastest out there. and a "dancing with the stars" audition after, i often do that

after a good sportscast. giants win and take on the falcons on sunday at home. even when tim tebow loses and is unable to score a touchdown, he has to find a way to win. he gets into the playoffs despite his broncos failing to score more than three points and they fall 7-3 to the chiefs who are going nowhere. there was no fourth quarter miracle, as you just saw the chargeens beat the raiders so denver gets in any way despite losing their last three games. they're up against the pittsburgh steelers next sunday. let's see if tebow can get it together. buffalo bills receiver stevie johnson busted for celebrating a new year's touchdown against the patriots. how did he do it? he lifted his jersey revealing a t-shirt that reads happy new year and got an unsportsmanlike conduct and as promised coach said if you do stuff like this, i'm going to bench you. he gets benched the whole game and patriots came back and destroyed the bills 49-21. patriots have a bye next weekend and the number one seed throughout the entire playoffs. >> he got kicked off because he showed his t-shirt.

>> you can't do that. you can't put a member -- you can't put something on your headband like mcmahon did. >> what if he wanted to say happy new year? >> he should mouth the words. he could do that. don't write it on your shirt in magic marker. coming up on kilmeade & friends on sirius radio, bret baier and ed henry will be joining us. >> big show. >> we'll be listening. coming up, staring down the barrel of a gun. this clerk fought back. >> she starts yelling shoot him. shoot him. i grabbed her around the neck and slammed her on the ground and grabbled the gun, you know, in both of my hands. >> his reward for that bravery, he was fired. that clerk is here live to tell us the story. >> oh, boy. plus an influential iowa radio host says he's backing newt. he'll share why coming up next.

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great grains. the whole whole grain cereal. >> on this holiday monday, we got some headlines for you right now. actress ellen barkin going on a tirade against new york city police and mayor bloomberg after seeing occupy wall street protesters getting busted on new year's eve. the actress tweeted "bullied all of bloomberg and every goose

stepping behind you. you're the violence in my city." great. miami heat superstar lebron james is engaged to his high school sweetheart. lebron popped the question on new year's eve. she flashed her huge pear shaped diamond at the game yesterday. congratulations. >> looks nice. we've been telling you about newt gingrich flipping into fourth in the latest iowa des moines register poll. but that's not stopping our next guest from endorsing the former house speaker. we're joined by iowa-based radio talk show host and author of the new book "we won't get fooled again." steve dase. hi, steve. >> alisyn, good morning. happy new year. >> you, too. you are endorsing newt gingrich but it doesn't seem at the moment as though iowa voters agree with you. he has obviously slipped to fourth place today in the latest poll. do you think that this is all a result of the negative ads that have been launched against him or has gingrich made some real

mistakes on the campaign trail? >> well, i don't think there's much question that he's been the target of about 85% of the negative ads in iowa. and i do think he took too long to organize here on the ground. but the thing i would just remind people is last year, the des moines register's poll told us that iowans didn't think the government was too big. we're ok with raising taxes. didn't really care about gay marriage and thought legalizing marijuana was ok. and then last year, the register's iowa poll right before the gubernatorial primary predicted that terry branstad was going to beat bob vander plaats by 28 points and later he beat him by just nine. don't pay attention to what the polls say and instead, people should vote for who the best candidate is. >> one of the mistakes that newt himself talked about making, he talked about it this weekend is he wishes he had addressed the issue of the money that he took from freddie and fannie in a more straight forward fashion,

he would have explained it to people better. are you borderthered by the fac that he took that money from fannie and freddie? >> i'm not sure that how people couldn't be bothered by that given the colossal failure of those organizations. as somebody who has had a chance to vet these candidates the last couple of years, i found myself realizing that there are fatal flaws with every one of them that i could justify not voting for them because of those. so instead, i decided i'm going to make a decision based on whose ideas offer the most hope for my children and grandchildren and i think there are two candidates that are offering those ideas. one of them is ron paul but he has a foreign policy that is naive at best and reckless at worst and the other one is newt gingrich who is addressing on the campaign trail what i think and i mention there's an entire chapter in my book devoted to this issue. what's been the most glaring loss of the right in the last 350 years is allowing the left to impose on us through the courts "laws" that would never,

ever make it through the legislative or the ballot process. until the right actually puts the judicial branch back in its proper context, i'm afraid a lot of the people that we vote for in these elections doesn't matter. >> as you know, newt gingrich has said he's putting much of his investment, meaning his campaign investment in south carolina. if he does not win iowa or comes in fourth in iowa and then he doesn't win new hampshire, do you think he can still be the nominee? >> i think, you know, it's so fluid, it's tough to tell. he's right to put most of his resources in south carolina. that is the state that is determined the republican nominee for my lifetime. i don't think anybody has won the nomination without winning the south carolina primary. i think a big key for newt gingrich tomorrow is he's got to finish ahead of rick perry. i think if he manages to slip behind rick perry, then i think that obviously hurts the momentum he would like to have going into a pivotal state like south carolina where he's got the best organization and the best resources if he can have

momentum going in there. >> steve deace, you are a talk radio host in iowa. great to get your perspective. >> thank you very much. >> thank you. >> well, some reward. a store clerk defends himself against store robbers and he gets fired. is that fair? he joins us next. first on this day in history in 1977, you don't have to be a star by marilyn mccoo and billy davis was the number one song. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. can you enjoy vegetables with sauce and still reach your weight loss goals? you can with green giant frozen vegetables.

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>> he lost his job at a convenience store not because of poor performance but because he

stopped, yes, stopped three would be robbers trying to hold the store up and him at gunpoint. to thank him, the company fired him claiming it's against store policy to provoke, chase or engage robbers. too you believe that? that brave store clerk joins us right now, eric anderson. hey, eric. >> good morning. >> tell us what happened that day. >> when they came in, i was helping the male suspect and that's when the two females ran in behind me. wrapped up in clothing. they told me to get on the floor. one of the girls went to the cash registers and tried to get it open. once she could not, they started to bring me over to the registers. i got behind the girl with the gun. and choked her and slammed her to the ground and started fighting with her for control of the gun. >> so they were pointing a gun in your face. did you sense despite the fact they were pointing a gun that you were actually threatened? >> yeah. when they had me down on my knees, in the middle of the store, i -- yeah, that's when i

knew i was like i don't want to die. >> so you take this woman with the gun. you throw her to the ground. and then you give chase as they make a run for it. correct? >> no. actually, once i got control of the gun, both women ran out of the store. at that point, i turned the gun on the male suspect who was on the floor. told him to get up. get out of my store. i followed him to the front door to secure the front door. >> gotcha. so they find this out, you're able to prevent the robbery from taking place. they get all three suspects and then the circle k management look at the tape of what happened and they saw that you took the action that you took and they fired you for violating company policy. >> yes. >> what is the company policy, to be a victim? >> you know, i don't know. i could understand that it does protect if somebody was coming in like stealing a beer and running out, yeah, you don't

want to give chase. but the policy in this regards if it's your life, i think it needs to change. >> eric, you've been out of a job for two years and you finally get this job and you're fired for being a hero. what does that feel like? >> it -- it just really sucks. >> well, here's what the detective said that analyzed the scene. he said he obviously felt like he was in danger and saw an opportunity to save himself and that's what he did. that's what he told our fox affiliate. we have reached out to circle k. they have no response. what's the last thing you heard from them and would you take your job back if offered? >> i actually have not heard from them other than when they let me go. and if they did offer it back to me, no i would not take it at this point, i think it would just put a target on my back within the company and even from other maybe potential robbers. >> if you're an employee in the

pensacola area. is that where you live? >> yes, it is. >> if you can give him a job, twitter.com/"fox & friends" and we'll try to relay that to you because you really got screwed in this one. >> thank you. yeah, i just -- thank you for letting me tell my story. >> no problem. thanks for doing that and hopefully people realize what a hero you are. thanks so much for joining us. meanwhile, straight ahead, a huge hour of "fox & friends" to come. parents, listen up. if your underaged kids get caught drinking in your home, you could end up paying the price even if you're out of town and totally unaware. the man behind the law here to defend it. then they're busy with the final iowa push for rick perry and ann romney will make time to talk to us. "fox & friends" returns in two minutes.

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am scoot and channelinger churches. we know that there is essentially horse trading going on this there where people go, you know, i'm fore rick perry and this is why. how are your people in your organization going to try to persuade those who might be undecided, like the 41% you were talking about that you are the guy for them? >> we got over 1500 precinct captains across iowa. our ground game is better than anyone else and i feel very confident we're going so have men and women standing up talk being listen, here is what's important and there are a number of these supposed conservative candidates like rick santorum whose rhetoric doesn't march the record. he's a serious earmarker and voted eight times to raise the debt ceiling. he's raised the debt ceiling more than obama has while he was in the united states senate. so there will be real opportunities to contrast the candidates. if they're looking for a committed, authentic conservative that doesn't have the taint of washington, d.c.,

rick perry is their person. >> alisyn: what do you say to critics who say you and michelle bachmann and rick santorum are basically dividing the all-important evangelical vote so that none of you can really win and that one of you should just bow out and take one for the team, basically? >> well, i agree that rick santorum and michelle bachmann don't have a national organization in place, nor the fundraising ability to go forward from out of iowa and so i'm the only one that has that ability. so regardless of how tomorrow turns out. i full well expect we'll do quite well. we'll be going across the country, south carolina and florida, into nevada with a national campaign. so the evangelical vote out there, they know which one of these candidates can perform long-term and we're it. >> brian: governor, there is a story in politico out now that says that including one of your

unnamed senior advisors, i love them, that there has has never n a more ineptly orchestrated, sub par campaign for president than this one, meaning yours. what do you know about this and was it accurate, because you did get off to a stumbling start, even though the polls were strong. >> i actually interviewed with politico yesterday and they came with that same line and i said, name the name. and they couldn't do it. when an organization is supposedly legitimate will not name names, that tells me that they're listening to rumor and innuendo. this is a total inside the beltway story. my campaign is working smoothly and as we've worked across iowa, we've had great crowds, the campaign is working well. people are getting along. so i don't know where politico gets their information, but the bottom line is, they don't have any sources. so i kind of put that off into the wasted time category. >> steve: you're right.

politico is a lefty blog. so consider the source. governor, we told folks in the news just a moment ago about how iran has successfully test fired some mid range missiles or two. we heard rick santorum yesterday say that he would bomb any nuke sites if they weren't open to nuclear international inspectors. what would a president perry do to make sure that iran didn't do any of this stuff? >> as the only veteran who volunteered to serve back during the vietnam war as a pilot in the united states air force and as the commander in chief of 20,000 plus national guard troops that have been deployed multiple times over the last 11 years as i've been the governor of texas, i'm the only person on that stage that actually has that type of experience of dealing with either international or other disasters that we face as the governor of texas. so there are a lot of different options. the idea that having a surgical

strike is obviously one of the options that you have on the board, it's the last one, but the fact is, working with israel, working with some other allies in the region and there is ways to -- i call for sanctioning on this iranian central bank. as a matter of fact, i was the first person to do that and senate finally addressed it. but there are a number of ways of which we can deal with iran. obviously helping to overthrow that regime without going to war would be our preference, but at the end of the day, we're not going to let iran have a nuclear weapon because they have sworn to wipe israel off the face of the earth. the europeans would be next. and america would be targeted next. >> steve: would you bomb them? >> as i said, a surgical strike to get rid of their nuclear capability is absolutely one of the options that you would have. but there is a lot of different options on the table that you could use. >> alisyn: ken cuccinelli, the virginia attorney general, has come out with an update on a

story we know means a lot to you. that's getting on the virginia ballot. there are only two candidates, as you know, mitt romney and ron paul, who made the virginia ballot. and you and so many of your opponents have been basically locked out of it and basically what he has said, i'll read you the statement is, well, i will vigorously support efforts to reduce the hurdle, i will not support efforts to apply such changes to the 2012 presidential election. it sounds like he's saying that wouldn't be fair to the candidates who did make it. what's your response? >> well, they changed the rules in november and virginia has made it very, very difficult. my problem is, i've got hundreds of thousands of people who want to support me, the veterans down in the norfolk area and active duty military that are big supporters of mine, and they're going to be disenfranchised. so the republican party in virginia will have to address this.

how in the world can you only let two people on your ballot because you made it so difficult? >> brian: governor, would you call on governor mitt romney as well as ron paul to request that the others get on the ticket? after all, you're from the same party. >> i think that would be a waste of time. i think they like being the only two people on the ballot. >> steve: you're probably right. as you can see, he's there at our caucus studio in des moines. governor, particular around because we're going to continue to chat with you this morning. and. >> we'ller right here. >> steve: indeed sir. we'll ask the governor about the word that the white house apparently will cut ties with congress in 2012. is that a good strategy for the president? rick perry ace response? just a moment. >> alisyn: the nypd takes incoming from the occupy protesters. now the nation's finest police force being attacked by an actress. ellen barkin. what's the latest? >> steve: i don't know, but i better get my ticket right now.

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♪♪ a flavor paradises aof delicious fishes ♪♪ ♪ friskies seafood sensations. ♪ feed the senses. >> brian: president obama new resolution tore 2012, let's cut ties with congress. so does this mean nothing will get done in dc this year and

he's guaranteeing it? >> steve: we are back with republican presidential candidate rick perry. governor, what do you think, the president says he is going to limit his contact with congress and no longer be tie to do washington. >> that's not news. that's been working with that theory for some time now when he walked away from the debt ceiling and -- this president has no experience of governing. there is no leadership there. as the governor of texas, i'm sitting there either myself or my staff on a daily basis as we work our way through budget issues to get the balanced budget that we've had. i've signed six balanced budgets. so this president is more interested in playing politics. the pipeline is a great example. we need the jobs and the crude, we need the energy for america and he's listening to his leftist environmental radical friends. even the teamsters want this thing built. so you got a president who is all about politics.

nothing about leadership. america can go to heck in a hand basket as far as he's concerned. he just wants to win the next election. >> alisyn: it sounds like what the president is saying is that ever since the payroll tax holiday was actually passed, that he no longer -- >> steve: for two months. >> alisyn: for two months, that that was his last sort of legislative hurdle that he needed congress for. and frankly, there are new polls out this week that show congress' approval rating is at 5%. so on some level, is it strategic if the president is saying, i'm going to do more things unilaterally and not try to deal with the gridlock that is congress? >> well, one of the reasons i called for a part-time congress and a balanced budget amendment is make washington less consequential in people's lives. but until that happens, the president has to realize that this country is on the precipice of a huge economic crisis. and for him number one, to take a 19-day vacation to hawaii when

he needs to have congress in town, working with him, cutting spending, we mow what the problem is. quick printing money, mr. president, and start cutting. that's how to get america back on track. get rid of these regulations killing jobs. open up the xl pipeline and the federal lands and the water so that we can have an energy industry and put americans to work. but instead, he goes on vacation and kind of throws his hands up and says, i'm not gog work with congress. that's not leadership, mr. president. >> brian: governor, you deal with democrats on a regular basis, have throughout your years running that state. i'm wondering, what areas do you think republicans, if any, have fallen short? should they be compromising more? >> well, the republicans have spent too much money as well. you look back in the decade of the 2000 and it wasn't like their hands were all clean from the spending problem. americans are standing up and saying, we want an outsider to come into washington, d.c., somebody that's not tainted with the corruption and the fraud that they've seen with

washington to wall street and that's a reason i think my message is resonating out here is that they know that there is a governor who has overseen chief executive officer of a state that created a million jobs over the last year, while the country lost 2 million. let's try that in washington, d.c., simply cut the taxes, reduce the regulatory burden, have a predictability in that and then washington needs to get out of the way and be inconsequential. >> steve: very good. if elected president, that's exactly what rick perry would try to do. by the way, governor, we've got your wife who will be on our program tomorrow about the same time. >> you got better part of the deal. >> alisyn: great to talk to you, governor. we'll be watching what happens. >> happy new year. >> alisyn: you might not want to remember this, who could forget? ♪ oer the land of the free ♪ >> alisyn: my ear drums are bleeding. >> steve: that's how they got

noriega out, right? >> alisyn: should someone be fined for mocking the national anthem? we report, you decide. >> steve: parents, if your kids get caught drinking in your own house, you could end up paying the price, even if you're out of town. over the line or just fine? we'll be right back i had enough of feeling embarrassed about my skin.

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>> steve: got some headlines. investigation underway into whether an off-duty atf agent was shot and killed by friendly

fire. he was reportedly trying to stop a drugstore robbery, but authorities say the suspect didn't have is a real gun. so the agent may have been killed by police accidentally. friendly fire. and actress ellen barkin going on a tirade against new york city police and mayor bloomberg after seeing occupy wall street protesters getting busted. she tweeted, bleep all of you. you are the violence in my city. oh, ellen's barking up the wrong tree. >> alisyn: ouch. parents, listen up to this story, if your underage kids drink inside your home, it's your responsibility and your fault even if you were not home at the time. this is according to a new city ordinance in mercer island, washington state. critics say that this new ordinance goes way too far. joining us now is a mercer island council member who voted for the ordinance. good morning, mike.

>> good morning. >> alisyn: so there are other statutes in other states that say if there is underage drinking going on in your home and you're home, then you're responsible. but if you're not home, how can the parents be held responsible for something they didn't know was going on? >> i'd like you to focus not so much on underage, 21 and younger, but what we admit to 19 and younger. so just because the proximity of the parent might not be where the child is, i think you'll agree that parents still have responsibility of their children 18 and younger. >> alisyn: well, critics say that this ordinance is overreaching, that basically if you're going to hold parents responsible for something that's going on in their home with their 18-year-old or with their 17-year-old when they're not home, that it just opens the door for all sorts of other things. if a minor assaults someone, should the parent go to jail or should there be personal responsibility of the 17 or

18-year-old? >> there is a responsibility that parents have in looking after their children, raising them correctly. sometimes i think we subscribe too much to the it takes a village and we don't take the responsibility of our children that we should and that might be the crux of some issues we have with children. and i don't think you can minimize responsibility that parents have, again, 18 and younger, to raise their children, raise them responsibly. >> alisyn: sure. obviously everybody wants to raise their kids to be upstanding citizens, but sometimes, you know, kids do things and get into trouble. i mean, i think that where critics say you're going to get into trouble with this ordinance and it may not pass a constitutional test or a court test is that if the parent didn't know what was happening, there was no way for them to know, how do you think in court they will still be able to be held responsible? >> this is a civil penalty, $250, applies to parties with four or more children, 19 years

or younger. and again, parents have responsibility to know what their children are doing. i don't have any problem with that. i was very much out of my comfort -- at my comfort level when it was presented, strictly underage drinking, 21 and younger. but 18, 19 and younger, i think parents have a true responsibility to do their job and that is to look after their kids. know where they are, know who they're hanging out with, know if they're going to another house if the parents are home. >> alisyn: you're from mercer island, washington. we will be watching what happens there because perhaps it will pave the way for future laws. thank you for explaining it for us. >> thank you. and look for the mercer island high school band at the rose bowl today. >> alisyn: will do. coming up, you see a car plunge into a freezing river. what would you do? would you dial 911 or would you jump in after it? meet ten, yes ten people who

jumped in. and mitt romney goes after president obama by comparing him to kim kardashian. mitt's wife, ann romney, is here after the break when you have tough pain, do you want fast relief? try bayer advanced aspirin. it has microparticles so it enters the bloodstream fast and rushes relief to the site of your tough pain. it's proven to relieve pain twice as fast as before. bayer advanced aspirin. prego?! but i've been buying ragu for years. [ thinking ] i wonder what other questionable choices i've made? [ '80s dance music plays ] [ sighs ] [ male announcer ] choose taste. choose prego.

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>> steve: put that in my scrapbook. >> alisyn: stick around, we have a lot to get to in this half hour. let's get to your headlines. the search for missing maine toddler, ayla reynolds is taking a turn for the worse. police say they've found evidence that suggests foul play was involved. her father claims he was the last person to see her. he's speaking out for the first time. >> initially the first few days i was emotionally incapable of coming out to do an interview. i love my daughter. i would never do anything to harm my daughter. she's the world to me. >> alisyn: well, little ayla is 20 months old. she disappeared from her father's home two weeks ago. he is not being called a suspect at this time. >> brian: how to cheat. the new york teen who took college entrance exams for cash now admitting his scheme couldn't have been simpler to pull off. >> it's easy as going in, keeping your head down, giving

the flash of the i.d how hard would it be to trick a cafeteria aide into letting you sit? >> brian: police arresting him in september with 20 other students. he's since accepted a plea deal that keeps him out of jail. >> alisyn: what would you do if you saw a car plunge into a freezing river? would you call 911 or jump in after it? ten good samaritans did not hesitate to jump into a river in utah to save three kids who were trapped in that car. the car plunged down a ten foot embankment after the driver lost control. >> the man next to me started yelling, my son, my son is still in the car. i grabbed the knife and we cut it and i pulled the little boy out. another man grabbed him and started doing the hiemlich. >> alisyn: doctors say the four-year-old boy, his nine-year-old sister, and her friend are all going to be okay.

>> brian: thanks to them. remember when roseann barr butchered the star spangled banner? ♪ oer the land of the free ♪ and the home -- >> steve: look at all the dogs running in the studio. >> brian: if a state senator in indiana gets her way, singers who mess up the national anthemion purpose would have to cough up 25 bucks. i don't think christina aguilera did it on purpose. brad stein weighed in. >> you know if you mess it up, it's a mistake. but to mock it, i don't think you have a right to do that. there is people here that say they're making a statement all the time. they burn our flag and say i'm making a statement let me explain something to you, you can stick a fork in your head and make a statement. but if you do, you're an idiot. okay? if you burn our flag to make a statement, you're an idiot. and if you mock our song, you're an idiot! welcome to the first amendment. >> brian: senator becker says the bill is not intended to

punish singers who perform an anthem off key. only those who mock it. >> steve: let's take a look at the weather. don't mock it because it is winter and we've got a little -- as you can see over the last 12 hours, a little rain and snow in the northeast. right now all we've got is lake effect snow. also some rain out in northern california. otherwise much of the country is nice and dry. but it feels like winter today. second day of january 2012. i challenge you to write out a check with the correct year. as you can see, 10 in rapid city. we've got temperatures in the 20s and 30s in the northern third and then 30s and 40s down south. later on today, the daytime high, eventually will be 64 in tampa. 56 in dallas, texas. and all across iowa today, temperatures will be in the 20s and 30s. >> alisyn: well, steve, speaking of cold weather, temperatures well below freezing in iowa today. how will that affect turnout at the iowa caucuses tomorrow

night? >> brian: shannon breen, it's affecting her directly. she's live there. what is it going to do to the turnout? >> can you see my frozen tears? >> brian: i know. >> these people are hearty. this is serious. this is winter to them. they don't care. they're all about their duty, weighing in in the first political contest of 2012. the candidates can't complain how cold it is. they got to get out there and work it. they're crisscrossing the hawkeye state. newt gingrich, somebody who was leading the polls here in iowa a few weeks ago, not doing so well now. but he is predicting he will rebound. he says it's all because he stayed positive. take a listen. >> number of supporters who said to us, in the middle of the tsunami negativity, i'm so proud, and you hear this, when people walk up to me. i'm so proud you're positive. i'm so proud you're sticking to positive. what happened was we were

temporarily driven down to our base and our base really liked being positive. >> somebody else who needs to come up in the poll, she won the straw poll last year, congresswoman michelle bachmann. she says she's the best one to match up head to head with the president. >> i have no level of compromise when it comes to obamacare. taxpayer funding of abortion, marriage between a man and a woman, on the issue of national defense. no area of compromise. that's what we need. a clear, bold, distinction in the legacy of ronald reagan. i am the best one to stand. >> she's got a brand-new ad in iowa. that's a last-ditch effort. her camp says no matter how she finishes tomorrow night, she's heading to south carolina to start trying to win over voters there as well in the deep south. back to you. >> steve: all right. shannon bream, we thank you very much. over in one of the quad cities in davenport, we find ann romney, wife of mitt romney joining us live. good morning to you, ma'am.

>> hey, good morning. how are you guys? >> steve: we're doing great. thank you very much. hey, compare and contrast what's going on now in iowa with what happened four years ago, your husband came in a distant second to mike huckabee after spending $10 million and visiting all 99 counties. but now he's on the top of the heap, according to the polls, and he hasn't visited quite as much. what's different? >> well, you know, the fact is that all those friends we made four years ago are still here and they're still with us, which is a wonderful thing. as we're going across iowa, mitt and i are meeting up with great friends, which is the best part of the campaign truly, when you see these people that you've got to know so well four years ago and they're there for us again. but the thing i sense honestly is that there is a huge momentum we feel everywhere we go. every event is oversold and overbooked and the fire marshal has to close it down and we end up having to do two speeches

everywhere we go right now. the momentum is definitely there. >> alisyn: we want to ask you about something that newt gingrich said on the campaign trail this weekend and it has to do with all the money that your husband has spent while let's let you listen to what newt gingrich said. >> i didn't say he was. i said he wouldn't. >> 3 1/2 million dollars in negative ads, you tell me. >> alisyn: i don't know if you could hear that, but he said 3 1/2 million dollars in negative ads that he would buy an election if he could. your response. >> well, honestly, we haven't put a single -- haven't put any money in personally yet and campaigns are about raising money and about getting message out and we're trying very hard to get our message out, which really focuses on barak obama

and how the country needs to take a different turn and we need to focus on the real thing which is barak obama. >> brian: i know you remember and it was still your urging that mitt romney is running again. your husband is running again 'cause you said, let's go try this again. and he said all right. if you want me to and now he's doing it. remember, for the first foray in politics was against ted kennedy, trying to become the senator from massachusetts. at that time, the democrats lined up some attack ads and they lined up a guy named randy johnson and he's back again. he says that your husband's company, where he was ceo of bane capital bought his company and ran it into the ground. he lost his job because of what mitt romney did. your response? >> you know, again, this is what's going to happen and there is going to be a huge amount of attack. this is again, part of the process. but really if you look at mitt's record, you recognize that what he was always trying to do is

create more prosperity and opportunity for more and in business, not every business succeeds and it's heart breaking and as we're going across the country right now, what we're seeing is people that even do have a job are afraid. there are so many people out there that are looking and crying for help right now. and i trust that mitt will always do the right thing, that he'll always try to do what's best to create more jobs and to create an economic environment that will have the confidence and the prosperity of those americans that are worried right now. you can not imagine what the passion is like out here right now. there is this feeling that they want so desperately for someone to come in and shake things up and get rid of this president. and i am sensing that. that's the momentum we're sensing right now is that mitt is the one that's going to be able to do this. >> steve: speaking of this president, your husband yesterday went after the

president and used some stars from television, the kardashians. listen, mrs. romney. >> i've been looking at some video clips on youtube of president obama, then candidate obama going through iowa, making promises and i think the gap between his promises and his performance is the largest i've seen, well, since the kardashian wedding and the promise of 'til death do we part. >> steve: so there you've got your husband talking about the kardashians. last week he was talking about lucy. how much tv are you guys watching these days while you're out on the road? >> i got a kick out of that. that was pretty funny. someone that -- there was a reporter that said, news flash, mitt referenced the kardashians. next news flash, the world has just come to an end. the thing people don't know about mitt is that he likes to have fun, he likes to make jokes

and he loves humor. maybe we'll hear more from him. maybe we'll hear more humor. >> alisyn: it does seem like he's on a roll with his humorous tv references. be honest, did he know before this weekend who kim kardashian was? >> of course he did. who doesn't know who kim kardashian is? i will tell you, i have daughter-in-laws that keep us very up to date with people magazine and us magazine. they keep us in the loop. >> alisyn: that explains it. >> steve: ann romney, we thank you very much. >> all right. thanks. >> alisyn: as you know, my husband doesn't know a lot of popular references. he says, oh, did you know jay-z and boyons are married. >> brian: coming up, could republican candidates get another shot at getting on the virginia ballot? a democrat sure hopes so. he's here to explain why. >> steve: you think you had a crazy new year's eve? check out these guys. they will both be here live.

the guy on the bike and the guy on the snowmobile

>> brian: virginia's attorney general now says he will not try to change virginia's ballot before the state's primary in march. he says, quote, while i will vigorously support efforts to reduce the alreadiles to ballot

access for all, i will not support efforts to apply such changes in 2012's presidential election. although he said on saturday he would. on sunday he changed his mind. joining us now to weigh in is former virginia attorney general and now an attorney, steve rosenthal. steve, what would you like to see done here? >> i'd like to see the law changed. >> brian: you think it's unfair? >> well, yeah. i do think it's unfair and it's virginia voters who suffer from the unfairness. the problem is that there are no rules for how you determine the qualifications and the state party chairman of each party makes the final decision and in this case, the candidates were treated differently depending on how many petitions were filed. >> brian: i heard the allegations are, you need 10,000

signatures, right? and you have to make sure they're authentic signatures and i heard some people attest to the fact that rick perry and newt gingrich's signatures were not looked at the same way that mitt romney and ron paul. have you heard the same thing? >> i've heard the same thing. indeed, i heard that anybody, any candidate who filed more than 15,000 petitions, that they were not looked at at all. >> brian: in the meantime, mitt romney and ron paul are on the ballot. and with the current attorney general says is i'm not going to change things now because it's not fair to the two guys that did it right. as a former attorney general, what do you say to that? >> well, i understand the attorney general's position. frankly, i'm more concerned about the virginia voters and the choices they should have. >> brian: right now, you feel as though they're not being given that opportunity? >> well, clearly not because several candidates did not make the ballot. >> brian: how much would it help if mitt romney and ron paul called on the field to expand?

>> i think that would help a lot. >> brian: let's see if it happens. i know you smiled and so did the governor of texas. steve rosenthal, a democrat saying it's not for republicans to be left out, thank you for joining us. >> thank you. >> brian: all right. check this out, watch these two extreme world class athletes and see how they spent their new year's eve. the video gives it away. they're soaring over 300 feet of water. those daredevils join us next live. but first, let's check in with martha mccallum who doesn't jump over anything. >> no, i do. good morning, brian. happy new year, everybody. good to see you. this is amazing. this is the number of the day, folks. 41% in iowa say they could very well still change their minds about who they will vote for. this is a hot, hot race. rick santorum making a big move. we'll see the candidates live this morning here on "america's newsroom." we'll talk to anita perry and new poll numbers all when we join you at the top of the hour

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>> steve: take a look at this incredible video. landing safely and simultaneously, breaking world records. they did it on a snowmobile and a motorcycle at the red bull new year's no limits events saturday night in san diego. joining us are levi and robbie madison. good morning to both of you? >> good morning. >> steve: first of all, robbie, let's start with you. we're going to rerack the tape so we can show folks. when you are flying 378 feet on your motorcycle, what is going through your head? >> well, to be honest, i'm really trying to shoot for the

furthest distance i can, so for me, it's part of that, trying to make it go as far as possible. unfortunately, with the one jump, i hadn't jumped for a month and i fell a little short, but way i adjusted in the air, it made me come in short. but you're holding on for dear life. it's pretty terrifying. >> steve: i bet it is terrifying. robbie, on a scale of 1 to 10, how terrified were you? >> 12, for sure. >> steve: levi, we'll show the tape again. you are on the snowmobile that follows the motorcycle. what's going through your head? >> i'm just trying to go from point a to point b safely and it's scary enough going 100 plus miles an hour on a snowmobile and when you're going up a ramp at the end, it's pretty nerve racking. so i was excited to fly through the air safely and set it down on the other side. >> steve: oh, man. and on a scale of 1 to 10, levi,

how scared witless were you? >> i'm with robbie with the 12. >> steve: and robbie, your wife was in attendance. wives generally don't like it when guys try to fly 3, 400 feet on a motorized vehicle. >> yeah. my wife tends to not like any of my ideas lately. but to have the family there was just an added pressure really. we got a new family, my wife and my baby boy, 14 months old. to have them and to look at them before i take off, you got to be serious about things. and part of the feelings were this may be the last time we get to see them. that's definitely a terrifying thought, but that's reality of it. you have to understand that may be the last time. but keeping positive and we did all we could on the night and was able to fly it, you know. it was a beautiful flight. the fog was set in, but still to go over that after looking at it for a week, it was a pretty good feeling. >> steve: levi, robbie, let me ask you a question, who -- we just heard you were both

terrified. who is crazier between the two of you? because you would have to be crazy to do that? >> this guy here for sure. >> steve: hats off to both of you and you're both wearing hats. congratulations on establishing new world records for flying snowmobiles and motorcycles. >> happy new year. >> steve: happy new year. that is crazy. more "fox & friends" live from new york city in two minutes. we promise. we won't fly anywhere

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>> steve: at the top of the hour, i said yesterday we cleaned out the basement and i put out my speakers from high school, 30 years old, in front of our house. this, and i said, if anybody wants them, drive on by. my wife just took this picture of a guy who went to the front of our house, who loaded up the speakers into his pick up truck. >> brian: that's the truck? >> steve: apparently so. >> alisyn: i'm a little alarmed that our viewers do know your actual home address. >> steve: that's right. if anybody is curious, we live at 1313 mockingbird lane. right there. >> brian: and the last music heard through the speakers,