>> bob: thank you great to have you here. >> dana: next week we put greg in a wet suit. >> kimberly: yeah! >> eric: all right. that is it for "the five." thank you for watching. have a great weekend. debates. see you monday. >> kimberly: >> heather: i'm heather chill doctors and welcome to a brand-new hour. >> gregg: i'm gregg jarrett. topping the news, iran is at it again. just a week after conducting war games, we're going to tell what the regime has planned for the most important oil shipping lane. >> heather: 911 calls released from a tragic shooting that claimed a park ranger's life. >> how many shots did you hear? >> just a couple. >> you've got the ranger?

>> heather: we'll have much more of the dramatic calls for help. >> gregg: and after a few horrible months for the penn state university family a new era begins. we're going bring you the new football coach's message for the fans. >> heather: but we begin with the political main event, round two in the republican race for the presidential nomination the first in the nation primary in new hampshire. now three days and counting to the votes in the granite state. many of the candidates standing out making final pitches to the voters. >> fresh from the landslide in iowa, maybe can we double that number. maybe 16. i sure hope so. i want to win. >> as we go around the country that we need someone who can do

what is necessary that america needs right now. we need someone that is going in there and provide that leadership to take on the big tough issues. >> you attract seniors, young people, what is it? >> freedom. freedom is the issue. >> heather: moving ahead to two big debates a could shake up the coast. carl cameron is live in manchester, new hampshire with more. >> reporter: hi, heather. bale get technical. a jesuit college here is fully on the line between manchester. those of us from new hampshire it's goth town but all the candidates electing converging here with supporters in a matter of hours. parking lot will be filled with

demonstrators on behalf of candidates. it's the real election of the nominating process. rick santorum is getting big crowds and big buzz. today we followed him in amhurst where we was going to have a tiny meet-and-greet but the crowd was so big he stood on a picnic table and talked to 500 in the woods next to a frozen lake where the ice fishermen were doing their thing during the course of the morning. santorum is making it clear he can actually pull this off. here is rick santorum as he rallies the crowd pushing toward the finish line in the granite state. >> i am convinced we're going to surprise a lot of people here. we started out a little farther behind i would have liked, 39 points is a little bit to make up. [ laughter ] >> in just about five days, all the advertising was on all the

shows. we've had to go out and do it the old-fashioned way. get out and meet with people and try to get you energized so you can go into the community and help us out and spread the word. >> reporter: santorum promises not to predict victory here, but he is talking about surprising people. he plans to win the south carolina primary on the 12th of this week. he is in a tough battle for second place with ron paul, texas congressman who is polling in second place and draws big crowds here. a lot of those crowds are college kids, even out of staters. people are from out of stated so it's unclear whether ron paul can hold on to second place in polls and translate it into a victory. there is libertarian streak in new hampshire and ron paul is trying to tap it. leading the polls is mitt romney. having the narrow win in iowa is

expecting to win in new hampshire. he has bet on new hampshire. if he were to win iowa and new hampshire back-to-back he would make history, first ever to do that. yet there is a major alignment of the republican conservatism calling him a moderate trying to beat him up and knock him down. romney will be the center of attention and take a tremendous amount of heat tonight, it's expected but don't watch for newt gingrich to lead that charge. gingrich has said he will not go after mitt romney or attack him. he'll talk about contrasts in policies and leadership styles but gingrich will talk about the facts. gingrich has been critical in recent days. he has launched some direct mail and flyer attacks. he has new web page trying to bringing conservatives against the governor and planning attack

ads against him on abortion. none of those criticisms will be negatively. tonight he is going back to the relentlessly positive newt that was successful in debates earlier in the year. so we'll see if mr. gingrich and all the candidates can keep their cool tonight. they are tired. some of them battling head colds. they have been shaking hands like crazy in iowa and new hampshire for weeks now. one of the things that happens is fatigue. can the would be commander hack it when the bright lights come and standing shoulder to shoulder with their rivals four days before the first primary? >> heather: all that handshaking can lead to a cold or two. we appreciate your coverage. >> gregg: i don't know how he does it. he is nonstop. the man never sleeps. >> real clear politics average of all the recent polls in new hampshire showing mitt romney leading ron paul trailing by 20

percentage points. rick santorum is in third place, the other candidates in the single digits. how high are the political stakes here. is new hampshire must win for any of the candidates? jamie weinstein, senior editor of the daily caller. past primaries in new hampshire tends no fo show it's more about defying the expectations. favorite example, 1968, lyndon johnson actually won the new hampshire primary but eugene mccarthy came so close in second place that the sitting president threw in the towel and quit the race. fast forward to today -- does this mean romney could win yet lose? >> reporter: yes that is absolutely possible. romney is expected to win. if he doesn't win big, in some ways that is loss.

it's really santorum's multiply trying to consolidate his near victory in iowa and build the momentum to something big. he could really win if he got second. that would be gigantic but it would be a win if he got third and ron paul was second. he would be consolidating his roll as the anti-romney candidate. >> gregg: santorum is rising in the polls but the question is does he have enough days left to rise high enough? how are the crowds reacting to santorum out there? >> reporter: i think he they like their message. he has a reputation of social conservative candidate. but he has deep knowledge of entitlement reforms giving ten minutes to questions about social security. he is getting in the weed there has. some people in new hampshire like to hear details and not just rhetoric and he is delivering on that.

>> gregg: now, let's talk about newt gingrich, he is down in the polls in new hampshire. he is vigorously attacking mitt romney which may have prompted peg any noonan to label him, quote, an angry little attack muffin. that may be unfair to the former speaker but how is gingrich's criticism of romney being received? are there some questions about his motivation in these attacks? >> reporter: i think clearly gingrich is upset about super pack that supported romney. they thinks it is unfair. he has come into new hampshire, with a different tone. he told carl cameron he is not going to go after mitt, he is going to contrast with him in the debates. what does that mean? he is going try to make clear contrast that mitt is what he calls a massachusetts moderate and not a conservative. the question is can met with

stand those punches. if he falters maybe for santorum. >> gregg: what about ron paul. santorum has hosted 19 or 20 events in the last several days. ron paul has reportedly done just a couple. could paul drop to third place and be eclipsed by santorum? >> reporter: there is no question that is a possibility. right now paul is a strong lead over santorum. as you mentioned paul is doing very few events, only two by the time of the saturday night debate tonight. compared to 19 events for santorum which is big disparity. i think ron paul has a feeling. a lot of people coming to support him are from out of state. santorum is really a workhorse here. >> gregg: jamie, what about jon huntsman? is he in trouble there. >> he is being eclipsed by rick santorum that came in momentum from iowa where huntsman didn't

campaign. huntsman spent all his time here. he has to show something, third place finish. >> gregg: you know what is important tonight, jamie, two debates tonight and tomorrow will be widely watched by voters there. could a standout performance by one are more of the candidates dramatically alter the electoral equation. they get to vote here in the republican primaries? >> i think for romney the key is to stay above the fray. go against obama, not just the candidates on stage. if somebody lays a glove on him, that could hurt him. with santorum can he withstand the attacks because his rise came before the debates and deliver a marquise performance without any setbacks. we'll see tonight.

>> gregg: jamie, great to see you, thanks very much. we'll have full coverage of the new hampshire primary. it begins at 6:00 p.m. eastern time on the 10th. brett baier and megyn kelly will lead the coverage live. >> heather: labor department reporting that they added 200,000 jobs last month. that pushes the unemployment rate down to 8.5%. white house is touting the numbers. it's called enforcing and they are holding an economic forum to encourage businesses to get on board. doug mckel way is live in washington. doug, obviously this is good news for the economy but is it good for the obama campaign, too? >> reporter: new job numbers, obama campaign said the president would get down to serious campaigning this summer but his behavior this week suggested the campaign hearnlt

started. consumer financial protection bureau in which he introduced controversial richard cordray as the sound of a campaign rally and it provided an opportunity for him to tout the numbers. >> we're moving in the right direction. we have made real progress. now, is not the time to stop. i would urge congress to make sure they stay on top of their job to make sure that everybody else is able to enjoy hopefully an even more robust recovery in 2012. >> reporter: now the coming week on wednesday, he will preside over this enforcing american job forums. american companies that are relocating back to the united states. master lock that is returning jobs to milwaukee. lincoln furniture which is adding 130 new jobs at once vacant plant. galaxy solutions, a company that created the out source to

detroit program that is considered by the white house to be a model for getting jobs back to the united states. also dupont which started up a new $500 million plant next year to make anti-ballistic fiber near charleston. nearly 12 small and large businesses will be in attendance at that forum. >> heather: the more controversial decision to reward federal workers with more pay. tell us about that. >> reporter: this is a proposal that now stands but the president just two years ago made the decision to freeze federal worker play. this reversal to offer a .5% increase to federal workers, l it will be fodder for republican candidates to attack and especially when many private sector whose salary pay those

increases. >> heather: thank you. >> gregg: well, did you hear about this one? >> it's very coming out. penn state university naming a new head football hiring the new england patriots offensive coordinator, bill o'brien. >> i know there will be ups and downs but we will try to smooth it out the way, by being open and transparent and making sure the people know our mission and putting a good football team out there every saturday. >> gregg: he does have pretty big shoes to fill replacing the hall of fame coach joe paterno. he was fired in november amid a child sex abuse scandal involving jerry sandusky. brian will be working double duty because he remains with the patriots with the rest of the playoff run in the n.f.l. however long it may last.

>> heather: tough shoes to fill. good luck to him. a florida fish and wildlife stepping up patrols to protect amanities forcing them inland but -- manatees. boat are taking to the waterways. wildlife officials urging people to stay alert. >> time of year with the cold snap. manatees are migrating up river. look for footprints in the water swirls in the water that indicate the manatees are descending or rising. >> heather: weather rollercoaster for those poor manatees. how is it looking for the rest of us. maria has more on that. >> this is a bit of weather

rollercoaster for all of us along the east. we saw those chilly temperatures on tuesday and wednesday. now, they have rebounded to well above average all along the eastern third of the country. 59 degrees will be our high in new york city. 65 in raleigh so these temperatures are well above what is typical for this time of the year during the month of january up to 15 degrees above average. even in parts of north and south dakota, by the way we had warmer temperatures in the dakotas than we did in florida. another issue with these very warm temperatures that we've been experiencing basically there is not a lot of ice along the lake. so we still have a lot of water out there. typically we see more ice out there. the fact there is not enough ice for people who try to head outdoors and do activities over ice, snowmobiling or atv riding.

that is very important. make sure there is enough ice. typically speaking if you are person walking on ice, six inches of ice on lake for you to safe to walk over. keep that in mind. also, lack of snowfall in portions of new england and parts of the upper midwest. take a look at the totals. we had an inch of snow in boston. on average we should have received a foot of snow. so well below average. this is not good news for ski resorts either. that is what they are looking at. no snow in the forecast for the northeast, just another snowstorm across part of the rockies and just a couple of inches. >> heather: thank you very much. it's crazy. it's 60 degrees out there right now. in new york, it was 13 degrees one week. >> gregg: you have to watch about ice in a pond or lake.

as harry could say, in it's a wonderful life. >> heather: new round of war games but we'll take a closer look for that. >> gregg: and american teen accidentally deported to colombia now returning to the u.s. now could immigration officials make a mistake lake like that one? we'll ask our power panel coming up. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health.

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>> heather: welcome back.

police releasing 911 calls from a deadly shooting of a park ranger, margaret anderson killed on new year's day. she tried to stop a car in mount rainer national park and that is when the driver opened fire. here is the 911 call. >> heather: the gunman benjamin barnes was on the run after a previous shooting but apparently it happened earlier the day.

iraq war veteran found dead the next day. investigators say that he drowned in a creek. >> gregg: financial future of an arizona school district up in the air. public school's chief saying the two unified schools curriculum is violating state law. the school is fighting back. casey stegall is live in tuis foo son with more. >> reporter: a class that promotes racial resentment or activism against white people, that is what a judge is using to characterize this ethnic studies program that is being offered to students here in tucson. whole idea behind this program in the first place is to teach chicano history literature and social awareness. but the state department of education says the mexican-american studies program violates state law because the klushg couple, textbooks and

lesson plans do not have the school board's seal of approval. once more the investigation revealing erroneous facts were being taught. >> none of founders of the mechanic can american studies came in and portrayed binge men franklin as a racist. time out. he was the president of the awould litigationist society. he should be in the civil rights hall of fame. >> reporter: now the district school board has to fix the program to get the program back in compliance with arizona law. if they have to work fast because the state will withhold millions of dollars of funding to the entire tucson unified school district. the superintendent here tells me the program is important and he wants to see it stay. >> the concept behind the course of studies is to bring students

to a level of unity. what is difficult in this situation is that you have curriculum that has been developed over time, textbooks that are used that are controversial and if the district has failed in one area, it's oversight of that program. >> reporter: many parents and students even some teachers are steaming mad over this. a number of protests have been held in this community. they say there is nothing wrong with this program and that it is very important. by the way, a federal lawsuit has been filed saying that the state law that we're talking about is unconstitutional. the attorney even saying this is potential violation of first amendment rights of teachers. >> gregg: very interesting case. casey stegall, thanks very much. >> heather: treasure trove in new hampshire, one group of voters in the garden state or granite state they could mean the difference between victory and defeat. we'll have a live report.

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>> gregg: they could prove decisive in new hampshire --

independent voters not affiliated with either party and a sizable turnout is expected on tuesday. a rich prize for all the candidates. they could hold the keys to winning the granite stated. steve brown is live. it's tough to campaign in new hampshire, why is that? >> reporter: it's partly because well, largely because of the independents. they come in an array of political persuasions. take a look at the numbers. the numbers are quarter million democrats. a little more than a quarter million republicans, number of independents to over 300,000, easily the largest group. these folks can be fickle. >> independents are undeclared voters are well known and well documented in new hampshire for jumping around and changing their mind. that is okay. that is good because they process the information. what we are seeing tonight may

be vastly different monday night. >> reporter: so some leaning right or left and usually their support is fluid. >> gregg: will this washington, d.c.'s debates sort things out? >> reporter: there is tendency that they will be watching. the candidates hold to new hampshire and there is an awful lot of them. they like the sources independent. they like the base they like to watch on tv, internet and talking to friends and neighbors. >> gregg: and they care about two things, jobs and the economy. i heard you say that before. i think you are right. polling data shows that. all right, steve brown, live in manchester. thanks very much. >> heather: in education, to fight human trafficking.

on any given night, listen to this disturbing number, 100 girls are exploited in atlanta, georgia lone making it an epicenter for trafficking in america. elizabeth is live in atlanta with more on this story. >> reporter: good to see you. startling statistic. this is an issue across the nation but right here in the state of georgia. according to a study, more than 7,000 men are paying for sex in the state every month and 400 of them are paying for sex without adolescent girls. technology has eliminated the middleman. one advocate that we spoke to, she is 31 years old but growing up was a totally different story. she was bought and sold for sex when she was only 16 years old. >> in order to make a choice you have to have different options. i didn't have them options to

choose from. i felt this person reached out to me at a point where i felt like i was really about to die. i was very desperate. i was very vulnerable. >> reporter: perpetrator is notorious sex trafficker, he is spending 40 years in prison. now there are efforts across the board. grassroot groups working together at the state and federal level. we're seeing lawmakers pushing through tough legislation, one of the biggest vulnerabilities for here and atlanta is the airports. atlanta is one of 14 cities in the united states that is the highest in terms of child prostitution and sexual exploitation. it's a major transportation hub not just domestically but internationally. >> reporter: we're seeing a big push from corporations, like delta and coca-cola, not only

red flags but warning signs within corporations and als within their customer base like airline customers. >> heather: disturbing story. thank you so much. reporting live from atlanta. >> gregg: tensions are rising in the persian gulf as iran announces yet again new round of military exercises. they are set for next month. in the strait of hormuz they are vowing to be greatest naval war games yet, unquote. all this comes as u.s. and israel prepares a major missile defense operation. rick, great to see you. iran's military, let's be honest about it is no match for the united states or for some other western nations.

it's doubtful they have the came built to zeal off the strait of hormuz. is this just so of bluster and bravado by iran and probably for their own domestic consumption? >> reporter: it may be, they are no match for the united states. they can cause a lot of damage. let's remember they have hundreds of ballistic missiles that can cause chaos over there. we have to take it serious, but i think the simple fact you are right. they must realize that they are no match for the united states. >> gregg: is in a good opportunity for israel and the united states to test out the aero system that was jointly developed and funded by the u.s. and israeli. this is to intercept iranian missiles in the stratosphere before they could come close israel? >> now is the time to double down to gg get tough on iran.

the sanctions that are now in place, oil sanctions coming from the e.u. they are very good idea, but i'm concerned that they are too late. what we have right now is iran developing a nuclear weapon. imagine them trying to bully us with closing or talking about closing the strait and they have a nuclear weapon? it's completely changes the game. i think right now we've got take this opportunity to see that while they bully us, now is the time to get serious about taking out their nuclear facilities. >> gregg: you are suggesting a tactical strike, a military response. 80% of iran's public revenues come from oil sales. these new sanctions and they haven't gone through yet but will target iran's oil exports. that will hurt them financially. don't you think the sanctions ought to be given a chance to

alter their nuclear behavior, according to some experts, there is one to three years before their nuclear capable in terms of weaponry. >> first of all, let's remember, that estimate they are capable one to three years is an estimate. intelligence community has been wrong on a number of occasions. they have underestimated and overestimated. it's important to remember that is an estimate. it's a dangerous game to portend like we do have one to three years. there is a lot of people that will tell you we have one to three years. i would rather take them seriously. we tried sanctions, gregg, we tried for a very long time. this administration said they would try sanctions --. >> gregg: these are the toughest sanctions yet. they really go to the heart of tehran's vitality, oil revenues? >> there is no question. but they export the most oil to

china. china is not going to do much about following any sanctions. the e.u., they export about 20% of their oil. that is important if the e.u. countries can come together. south korea takes 10 percent of oil from iran. south korea is saying we don't want to participate in the sanction regime but we have 28,000 american troops in south korea. don't you their someone at the state department should say, no, you can't opt out of taking oil from iran. you are not allowed. you will be breaking the sagsz. if you do, we're going penalize you somehow with pulling troops or doing something so people understand you can't decide to opt out of priority pieces of legislation that we feel are national security issues. >> gregg: rick grenell, always good to see you. >> heather: hillary clinton,

sarah palin all punched holes in the glass ceiling but now that michele bachmann is out of the race, there are no women left to break through. so where is america's margaret thatcher? why can't we elect our own iron lady? >> for those waiting of our favorite, i know one thing to say. you. >> the lady is not returning. [ kate ] most women may not be properly absorbing the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. laces? really? slip-on's the way to go. more people do that, security would be like --

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president obama's reelection campaign. let's bring in our power panel. andrea, daily news columnist and co-host of "the five." jehmu greene and angela a fox news political analyst. thanks for joining us. >> so these numbers, 8.5%, its flee-year low. it caps off four months of declines in the unemployment rate and six consecutive ms. of job gains of hundred thousand or more. is it enough for president obama and will it make a difference for him? >> it depends on it. it's not the unemployment number but the under employment number, how many college workers are working as bartenders and what do they spend it on? paying the bills. they are not going out buying tvs. that is why wall street didn't

react. are they real jobs? >> heather: and those that have given up? >> biggest issue is we are moving in the right direction. the fact we are 8.5%. maybe it doesn't affect the person that is still out of a job and out of a job for many years now, but in looking at the presidential election we may not be under 8% in november of 2012. as long as we are continuing to move in the right direction and president obama can make a valid case that the men on the stage who are still left competing for the republican nomination they want to re-gift the policies that got us here. nobody wants that to the economy. >> obama said if he couldn't change the economy in four years, he did not need four more years. number two, limited stimulus package of 2009 he said the unemployment would not go over 8%.

>> white house said 8% number was based on misinformation, not knowing how drastic it was. >> both of you are right. angela is right about under employment. reason we saw it going down because a lot of people were leaving the work force and a lot of people are getting lower paid jobs. but from a move from a political perspective. she has a powerful argument that president is going to make. 200,000 jobs they are going to scream that from the rooftops even though paul krugman who i rarely quote, 300,000 jobs to get the economy where it needs to be going. but still he can claim success. >> it's dealing with messaging. it's dealing with messaging and perception is reality. liberals, democrats are very good at messaging. it all depends on that.

>> a real good job of communicating with a not being happy we're moving in the right direction. republicans still need to pay more attention to that. >> wait, reaction from conservative leaders looking at a shift in the unemployment figures is moving in right direction but it's not been positive. it's almost like you have people who are going for failure. >> heather: last comment on that topic. you mentioned that president obama and men running against him with michele bachmann ending her campaign the race for the white house has turned into an all male contest again. plenty of other countries they have elected a woman leader. why not the u.s.? what is the problem here? andrea, let's start with you? >> it's a great question. i think politically it's very tough for a woman to run for

office. all these women's magazine ask the question and i know you work hard on the issue to get more women in office. women are raising their families women are working. it's very hard for a woman to leave her kids and run for office and then go to washington. >> you and i are going disagree. as a former candidate i ran for congress. i do have step-children. going to washington, d.c., reason it's difficult is fund-raising. you have men that gift to men but women are not getting out there for other women. think our country is ready for a female president. i think hillary clinton would have done a better job than barack obama. that is just the reality. >> how do i do this? how do i get started. >> factors against women in many

ways. >> women are 50% less likely to think about running for office. then you have the level of scrutiny when the candidates come under that their male counterparts don't come under. we saw it with michele bachmann and we saw it with secretary clinton. we have the fund-raising issue but i think it starts with asking a woman who is qualified, who is aggressive. >> even elizabeth dole when she ran for the presidency she brought people out to the townhall. her own husband gave money to the male candidate. we have to do more for the could licks for women. >> men say they would be more likely to vote for a woman. >> one said she felt confident if there were more women on the super committee that many

solutions would have come up. >> i will say democrats do a much better job of recruiting families. >> heather: perhaps we have future candidates right here. we have to go. we'll be right back. ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

>> heather: texas teen reunited with her family after she was mistakenly deported to columbia. her troubles began last year when she was arrested for a misdemeanor. she gave authorities the wrong name and still under investigation she was deported. how could this happen? our power panel is back.

thanks for sticking around for this one. apparently this young girl, she ran away a year ago. then she was picked up for this charge. gave them a name of woman who was born in colombia and stuck to her story the entire time. i'm not saying she is at fault but that is the full story. >> they thought she was missing. how can a 14-year-old black, young teenager look like a hispanic 21-year-old? i have no clue. >> apparently they didn't run the fingerprints through the system. >> this individual situation how complicity she was perhaps or what broke down in the system, it shines such a strong like light that our immigration system is broken. president obama has done a great job on deportation. he has deported more people that

were are here without permission than president bush did. >> our immigration system is not broken. >> here is how it happened. she lied and stuck to the story. what i can't understand why weren't her parents. that is not my my daughter, she is not colombian. i do agree that authorities shipped her back, but fact she didn't say anything. that her family didn't say anything. >> wait a minute you are young and black but you don't look hispanic. >> she was on facebook. >> she is now pregnant. >> the bottom line is this, we have law enforcement and we need to take care. >> she is a troubled teen. she ran away from home. living with the parents or with what have you, a child was sent to another country and american

citizen. >> and it should be focused on people to be deported that are here without permission. administration just moved forward on a really important piece where you are going to be able to see families stay together, people who are married. >> that is fine. >> but break down the criminal justice system was supposed to protect. even though she lied, she didn't look like cortez -- is that the person's name? she didn't like a lot 21-year-old. >> there is a lot of stuff bubbling under. there is a lot more. >> people that are u.s. citizens were in fact, 1% were deported last year. >> gregg is standing by with more. >> gregg: last time i checked,

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>> gregg: hello, everyone. glad you're with us. i'm gregg jarrett. >> heather: i'm heather childers. welcome to a brand-new hour inside america's news headquarters. mother nature gives most of us a very mild to say the least, first full week of the new year and that is sparking thin ice warnings in a lot of places. we've got a live report from our weather center. >> gregg: and the white house now reacting to a brand-new book about the first family. we've got a all the details. >> heather: a dramatic crash caught on tape as a police chase ends in a multi-car smashup.

>> heather: first, we're less than 48 hours away from the start of the new hampshire primary and all of the republican presidential candidates are making that final push crisscrossing the granite state, hoping to clinch some last minute votes. chief political correspondent carl cameron is live on the campaign trail for us in manchester. carl, there is another debate tonight. so is everyone going to play nice? that's the question. >> probably not, although one of the candidates who got great success on the campaign trail by being, quote, relentlessly positive, says after about a week of going very hard at mitt romney, that he'll again be positive this evening. we're talking about newt gingrich. the former house speaker got national prominence and rows in the polls to be the front runner by a debate performance focused on obama with no criticism of

his rivals, saying republicans had to be unified against the incumbent democratic president. in the last week and a half, particularly after his last disappointing showing in the iowa caucuses, newt gingrich now says he will begin to tell the truth about mitt romney and the question is whether it will be caust hispanic harsh, critical, or whether he'll do it with a smile on his face. he says it will be with a smile. >> i may define the reality of a reagan conservative in a massachusetts moderate. describe the difference between cutting taxes and raising taxes. or being right to life and putting planned parenthood into romneycare. i don't have to go -- i don't get this go after stuff. you don't need to do that. if your case is good. >> the truth is, when you're criticized, and newt gingrich has been, it's important in politics to make sure you counter the accusations. mitt romney is leading the

polls. he's likely to win in new hampshire barring some sort of a catastrophic change of events. he's up in some polls by 20-plus points. even so, he's worried because of the criticism of his rivals and the idea that conservatives might unite and align against him. so he's warning granite state voters, the state where he has a vacation home, not to get complacent or overconfident. listen. >> let me tell you, don't get too confident with those poll numbers. i've watched polls come and go. things change very quickly. it's very fluid. i need to make sure you guys get your friends to go out and vote and you vote as well. >> tonight is a very important debate. but there will be another one tomorrow and then the sprint of campaigning. now the question is the debate performance tonight and tomorrow, how can that change things at the final close and whoa will independents and

undecided do? independents are the largest voting bloc in new hampshire. we'll find out in a couple of days. >> heather: that boots on the ground campaigning seemed to work in iowa for santorum. so tell us about the battle for second place in the new hampshire primary. >> well, there is some polling suggestion that perhaps jon huntsman has jumped up in the polls and might be competing for second place. but the huntsman campaign had a rough go of it. they've spent a tremendous amount of time here and not gotten a lot of attention because the race up until last week, was focused largely in iowa. in addition to that, you've got the question of rick santorum and ron paul. ron paul, the libertarian leaning republican from texas, has a strong following here in new hampshire. a lot of it's young people and college students. but because of the independent vote, because of his libertarian streak, ron paul could be a real factor here. many expect him to come in second. rick santorum has really been sort of the man with the momentum having come in so close second to mitt romney in iowa. santorum's organization here is not equivalent to mitt romney.

but his crowds have been surging dramatically and he's getting a lot of attention. he's a catholic and he's worked very hard to deal with the new hampshire catholic electorate which is significant here. far larger than anything that iowa has. as a consequence, he could do that as well. the battle for second is important. almost a presumes now that romney could win it. that shouldn't be the case. anything can happen in new hampshire. the question is who will come in second? ron paul, rick santorum and jon huntsman, all desperately need it if they have a hope to continue on. santorum today on the campaign trail said he plans to win south carolina, the next state following new hampshire on the 21st of this month. heather? >> heather: the world is watching. thank you very much. carl cameron reporting live for us there. gregg, you have more about ron paul. >> gregg: that's right. he is competing in tuesday's primary as a republican candidate for president. but now there is word ron paul could still be considering a run as a third party candidate if he should fail to win the gop

presidential nomination. how serious are these reports? the advisor to ron paul, doug is here. great to have you back with us today. before we got to that, i want to run through new hampshire and south carolina. first new hampshire, the rasmussen poll has ron paul down by more than 20 points. i must say, that is very consistent with the real clear politics average of polls. so given that fairly large deficit with just days to go, are you discouraged, doug? >> no, we're not discouraged. the poll that came out last night asked who is the true conservative? ron paul won that over every other candidate. the exit polling in iowa showed that about 25% of those republicans identified themselves as liberals and moderates and they all went to romney. the rest were conservative, 5% undecided. the conservatives were split by

five candidates and so that's the real battle. if you were in romney's camp, you're not as sanguine as the pundits are -- >> gregg: rough low 40% of independents are eligible to vote there and will vote there. they're expected to in new hampshire. those are not conservatives. >> no, that's right. and independents are not the liberals. independents we did very well with them in iowa. in fact, we had 48% of the independent vote in iowa and the other five candidates split the rest. there is a lot of reasons that we're hopeful, gregg. they're a little bit different than the other candidate. we steam as running for power and so in order to get money, they have to win or people won't give to them. we represent a cause. whether we win or come in third, people will still give us money because the cause doesn't go away. we're in for a marathon race.

>> gregg: this isn't horse shoes. you have to win. coming in second or third or fourth doesn't work and it's not just new hampshire, doug. but south carolina. congressman paul has now dropped there. south carolina. to fourth place in the latest rasmussen poll with a scant 11%. 11%, doug. a separate time poll finds him town by 25 points, which is consistent with the real clear politics poll average, which has him down by 22%. look, doug, why is that happening? just 11% of the vote. is it because all of the -- if i can call them alternatives to romney, the anti-romneys and whether it be, you know, rick santorum or newt gingrich or rick perry, they're drawing away votes from ron paul or at least splitting the votes, which elevates mitt romney. >> interesting. we see it the other way around. for example, when we came out of

iowa, we actually got a very good bump in new hampshire, up four points. and you have to remember, we were at six points in south carolina. now at 11. we're on the move. and our template has not been laid in south carolina. what's just now happening. if there is any lesson we've learned from this cycle, it's that anything can happen. so campaigns that can survive and stay in this marathon race, lightning can strike. it is especially important to understand the rules were changed to help romney. for example, not winner take all in the south -- >> gregg: not front loaded and all that. i got to move forward to that real question that was in our introduction to you, doug. that was the interview yesterday with the huffington post. congressman paul was asked repeatedly if he would run as a third party candidate if he didn't win the gop nomination and he twice responded by saying, i'll decide that later.

why not flatly rule it in or out? why hedge like that? doesn't that uncertainty undermine his republican candidacy? >> i will tell you, i think i have gotten to the bottom of in a whole discussion. i interviewed him yesterday a little bit. he's a lutheran and he was raised as a strict lutheran and two of his brothers are ministers and there is a very strict teaching, christian teaching, let your yes be yes, your no be no, and while he's an absolutist about moral issues, he's not an absolutist about yes or no 'til he's absolutely sure. it's philosophical thing. >> gregg: you said you interviewed him about this yesterday. it is fair to say that ron paul will not rule out a third party presidential bid. true? >> he doesn't want to do it. but has he ruled it out? absolutely no. but is that like an ordinary

person saying yes or no? no. this is ron paul and he's not going to absolutize it. there is a greater danger. >> gregg: what's that? >> the danger is not ron paul. it's his supporters. when i was in iowa, i spent hours with these young people who were not just statistics and in nine out of ten of them told me they voted for barak obama last time. some of them are very upset with how they feel ron paul is treated in the debate. >> gregg: if he runs as a third party candidate, he could suck votes away from the republican nominee, thus insuring the reelection of barak obama. does he really want to do that? >> no. but my point is, even if he endorses the candidate, if he comes in and says, i'm supporting this candidate and works out an agreement, maybe they'll audit the federal reserve. maybe they'll stop some of the corruption in washington. if he gets his deal, some of these young people won't necessarily follow ron paul if they feel that the republican

party has made them unwelcome. i think it's very important right now to bring all these new young people into the fold and make them part of a new republican majority. >> gregg: i understand that ron paul wants to and expects to be perhaps the republican nominee. but if he's not, would he prefer barak obama or any of the other remaining gop candidates? >> i don't think he'd prefer barak obama. but there is concern because barak obama's number one donor is goldman sachs. mitt romney's number one donor is goldman sachs. they both supported the bailout. they both won't audit the federal reserve. let it operate as some secret organization. there is concern. the people who support us have lost their homes, they've lost the value of their ira's, they've lost the value of their homes and their jobs and the people who support mitt romney are elitist bankers.

it goes right down the list, jpmorgan, people are fed up with the corruption and they would like to see mitt romney stand up and make some bold claims of change. >> gregg: doug, always fun talking to you. always an interesting conversation and i appreciate you being with us today. best of luck to you. >> thank you. best of luck to you. >> gregg: ron paul will join chris wallace coming up tomorrow. check your local listings for that special one on one interview. valley full coverage in the first in the nation new hampshire primary all beginning at 6:00 p.m. eastern on tuesday, january 10. bret baier and megyn kelly will lead it from manchester. >> heather: president obama preparing to hold an in sourcing american jobs forum next week. the event aimed at promoting the trend of american companies choose to go stay and grow right here in the u.s. doug is live for us in washington. so doug, it sounds like the president wants to take every

opportunity to encourage job creation. >> he does indeed. the president's appearance at this coming wednesday's in sourcing jobs forum clearly will be an opportunity to build momentum for job creation after friday's release of those unemployment figures that show unemployment is down for four straight months now. the president wants to capitalize on that news. it's good not only for american burks but his campaign. his appearance joyed at the consumer financial protection bureau sounded as much like a campaign stop as an introduction. >> this morning we learned that american businesses added another 212,000 jobs last month. all together, the jobs were created in 2011 than any year since 2005. >> the summit will feature 12 large and small companies that are repatriating jobs back to

the u.s. a company in north carolina is adding 130 jobs. galaxy solutions, a company that created the outsource to detroit program, that the white house says is a model for repatriating jobs back to the united states. then dupont, which started a new $500 million plant last year to produce antiballistic fiber near charleston, south carolina. almost all of them cite as the reason for their returning to the us u better communications here and better access to materials and distribution. heather? >> heather: unemployment rate in south carolina, one of the companies moving back, 10% in november. what does history tell us about being reelected to the white house as it relates to unemployment? >> history shows unemployment rate of 8.5% or even higher won't necessarily stop a president from winning reelection. the trend is really what's important here. going back to 1956, no incumbent

president has lost when unemployment fell over the two years leading up to the election. and none has won when it rose. heather. >> heather: very interesting. thank you very much. doug reporting live from washington. >> gregg: the obama administration trying to make it easier for some illegal immigrants to seek legal residency in the united states. right now illegal immigrants with family in the u.s. may wait years to get a visa from their home country before settling down in america. the white house says it's going to tweak that rule, allowing illegals to stay in the u.s. for much of the process. the change is likely to go into effect later this year. >> heather: it is the beginning of january, if you can believe it. it feels more like an early spring day in the eastern half of the country, including here in new york. madison, wisconsin, you couldn't get a tee time at a local golf

course. with the mercury flirting with 50 degrees yesterday. >> i was planning on going skiing today, but last night checked the weather, saw it was 50 degrees today and decided that tennis might be a smarter idea. >> i went in work, looked at my co-workers, said what's going on? nothing. i said, i'm going golfing. >> the course is open and the beer is flowing. we'll be here. >> heather: you really think he went into work first to check? >> gregg: i don't know about that. >> heather: what is in store for the coming week? meteorologist maria mowly -- molina has more. >> you're right. it's very mild out there across parts of the upper midwest and in islip, new york, we reached 61, shattered a record. it's very warm. as a matter of fact, record warm is what we're experiencing across ports of the northeast. 15 to 20 degrees above average. as we head into tomorrow, it

will get cooler across parts of the northeast. still above average, typically new york city should be upper 30s. tomorrow you'll reach a high at 43. 40 in minneapolis. then as we kick off the workweek, it's going to remain relatively warm out there. 43 will be the high in new york city. and 45 in minneapolis. still experiencing that warmth. it will get cooler across parts of the upper midwest as we head into midweek. overall, that's going to bring you back to where you should be at for the month of january. we have had mild temperatures and that means a lack of snow across parts of the northeast and also the upper midwest. look at some of these departures from what's normal. chicago, you've only got 1.9 inches of snow so far. typically you should have gotten 11.9 inches much snow. that's a big snow deficit out there. another problem with those mild temperatures is that many of the lakes are not freezing over. so the ice thickness is very minimal out there. we're unfortunately getting reports of accidents of people driving over ice and vehicles going through.

so please be very careful. keep in mind if you're going to walk over ice, you should have six inches of ice out there for to you not fall through. otherwise, as far as precipitation across northeast, not much out there. maybe a couple of snow showers across portions of northern new england. we can't complain. it's really a beautiful new york city day out there. we have a very special person that we want to wish a happy birthday to. so beautiful weather for you, heather. that's what mother nature had in store for you. >> heather: thank you. yes. >> gregg: maria and i got together and ordered up a beautiful, balmy saturday. >> heather: thank you! that's what's happening. >> gregg: 59 degrees? >> heather: not 59 years old. >> gregg: oh, i thought it was your age! >> heather: it should be 21. >> gregg: just to clarify. happy birthday.

>> heather: thank you. >> gregg: a car full of suspects trying to outrun police. how it all ended, coming up next. >> heather: and iran thanking the u.s. navy for freeing 13 hostages held by pirates. so now why is iran calling the rescue, the whole thing, a hollywood stunt ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'. ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

>> heather: time for a quick check of the headlines. 250,000 ballots will be cast in the republican presidential primary on tuesday. the contest is the nation's first primary. iran welcoming the u.s. navy's rescue of 13 sailors held

by pirates for two months. but a hard line iranian news agency is now calling the operation a hollywood stunt. air strikes by kenya's military killing at least 60 militants linked to an al-qaeda group in somalia. yesterday's attack prompted by a tip militants were in the area to refuel their vehicles. >> gregg: we've got new developments now on that story we have been following very closely, the texas teen-ager now back in the u.s. eight months after she was mistakenly deported to colombia. julie banderas live in our new york city news room with more. it's kind of hard to figure out how this happened. >> oh, yeah. the u.s. has a lot of explaining to do. officialses detated her because she was an illegal immigrant, that's with she told authorities and that's where the mystery begins. how could the government responsible for tracking illegals in this country, deport someone without verifying if they are illegal or not?

that was the girl -- what the girl's family wants to know. she's not hispanic and is not fluent in spanish. colombias pointed fingers over who is responsible. the 15-year-old was returned to dallas and rei couldn't nighted with her family evening. >> i hope and pray there is no one else have to go through what i went through. i think the system needs to be changed, along with more security and more protection. >> a family attorney says she's happy to be home and add the family would not be issuing any further statements, other than to say they're ecstatic to have her back and plan to do what we can to make sure she gets back to a normal life. her saga began when she ran away more than a year ago. in november of 2010. houston police say the girl was arrested in 2011 for misdemeanor theft and claimed to be one else, a colombian woman.

after being jailed, it was recommended a detainer be put on her and immigration judge ultimately order her back to colombia. u.s. immigration officials insist they did follow procedure and found nothing to indicate the girl wasn't a colombian woman living illegally in the country. >> gregg: let's not forget, had she told the truth, none of this would have happened to her. >> that's true. >> gregg: thanks very much. turning back to politic, what is life like in the obama white house? a controversial new book is offering a stunning revelations about president obama's time in office, including reports of major friction between the first lady and the president's former chief of staff. peter doocy has that story in washington. >> the first lady initially wanted to stay in chicago after her husband's inauguration so their daughters could finish the school year and her move to dc with her husband, according to jody cantor's new book, was only because she wanted to keep the

family together. not because she was excited to fulfill the duties of being the first lady. former chief of staff, rahm emanuel, apparently didn't trust first ladies because of his clashes with hillary clinton in the '90s and cantor writes, michelle and rahm emanuel had almost no bond. the relationship was distant and awkward from the beginning. cantor also tells a story about how president obama relayed his unhappy wife's feelings about the back room deals cut to drum up support for health care legislation, telling aides she feels as if our rudder isn't set right. obama strategist david axelrod says of the first lady, when she thinks things have been mishandled, she'll raise it because she's hugely invested in him. the obamas explain that the first lady will send the president's scheduler nasty notes if she doesn't book him for certain events or meeting, but in a thursday interview when the author was asked if the first lady is an advisor to the president, she said only in the most private, intimate sense.

not in the sense of i'm coming to your senior staff meeting. cantor did not interview the obamas for this book. she did talk to more than 30 staffers. the white house says the emotions, thoughts and private moments described in the book, though often seemingly ascribed to the president and first lady, reflect little more than the author's own thoughts. and this book will hit shelves this tuesday. gregg? >> gregg: peter doocy reporting from washington. thanks. >> heather: a violent multi-car accident caught on the surveillance camera of a city bus. check this out. wow. oklahoma city police chasing four burglary suspects. this is wednesday, when the suspects' get away car, you saw it there, was t bone -- t boned a pick up, slamd into a mini van before grind to go a halt right

in front of that bus. police say they cannot believe everyone stopped right there, walked away. however, one person was taken to the hospital with minor injuries. three teen-agers in that car, they were arrested. one got away. but i have a feeling not for long. >> gregg: yeah. not for long. i feel badly for the people in the mini van. you're just sitting this minding your own business, suddenly some no goodness runs into you. >> gregg: stunning new information about a missing toddler in maine. the details, little girl's father is giving police about his daughter, we'll tell but it. >> heather: new hampshire getting ready for the nation's first presidential primary. steve brown, battle ground brown, with a preview, live in manchester. >> i've been called a lot worse than that. independents, a huge power in new hampshire politics, but apparently in person is not how they like their politics. we'll have that story when we come back. you're watching the fox news

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>> heather: it is the bottom of the hour. time for the top of the news. the congresswoman who was brutally shot in the head exactly one year ago tomorrow says that she now wants to head back to -- gabrielle giffords

faces a deadline to get on the arizona ballot this november. >> gregg: the missing of a 20 month old girl says his daughter's broken arm was an accident. the maine toddler was reported missing last month. police have no suspects. >> heather: penn state university hiring a new head football coach today. new england patriots offensive coordinator bill o'brien taking over for the hall of famer, joe paterno, who was fired in the wake of a child sex abuse scandal. >> gregg: we are days away from the nation's first primary in new hampshire. one group of voters play ago critical role in the state, the independents. they can vote in the primaries for either party for president and nearly 40% expected to turn out on tuesday. that's when we may get our first real look at how the general election could shape up in november. steve brown live in manchester,

new hampshire with more. steve, i guess the funny thing about hatch hamp independents is, there are all these campaign events in the state all year and they don't necessarily go to them. >> they don't. data from public policy polling suggests 65% of independents polled don't go to these live events. where are they getting their information from? they're watching a lot of television. they do pay attention to direct mail pieces from the campaigns. they talk with friends and, of course, they do some searching through the internet. listen. >> even though you maintain agree with them, you can see where they're coming from and you can get your sources from where you want, how you want, and find out that way and that's what i do. >> the folks we talked to inside this restaurant said that essentially they do a self-directed sort of search. don't want to be too influenced by campaign. >> gregg: steve, the debates, i would imagine this weekend,

might help some of them decide. what's your sense of it? >> they do pay attention to the debates, according to data research polling. about 77% in one poll have watched a lot or at least some of the debates so far. so those that are undecided with the opportunity to watch two debates essentially in a 12-hour -- a little over 12-hour time frame, it's an opportunity for them and chances are, they'll be tuning in. >> gregg: steve brown live in manchester. thanks so much. >> heather: president obama shored up just 43% of the white working class vote in 2008. leaving an opening for the gop. now rick santorum appears to be capitalizing on this with an i'm one of you message. >> my grandfather is a very stern, tough guy. he was tough. he worked in the mines 'til you're 72. he had scoliosis in his back and he was humped over and just a

big strong man. >> heather: but when it comes to courting the working class, just how far can identity politics take a candidate running for the white house? here now with her weekly commentary, susan, usb professor of law, and political science and a fox news contributor. thanks for being here, susan. >> thank you and happy new year. >> heather: yes, to you, too. so the big question, do republicans have an opening this year with the white working class? barak obama, you can't argue, did do better than john kerry or al gore with these voters, though he only earned 43% of their vote. 63% of this bloc voted for the gop. will that happen again? >> you know, it's hard to say at this point. we don't even know who the nominee is going to be. but it always makes me laugh when i see candidates, whether democrat or republican, standing up there and saying to voters, i'm just like you working class, joe. come on. you are don't get nominated for

president unless you're part of the 1%. every one of these candidates is part of that 1%. the real question, heather, is not who is most like the average joe, but who people think understands their problems, that classic political question, do understand the problems of people like me? >> heather: some have said that whether out of calculation, desperation, president obama may be just abandoning the white working class vote all together. instead, looking for 2012 victory in terms of a progressive coalition of educated, socially liberal voters, combined with poor ethnic voters, specifically hispanics. would that be a wise move for him? >> no. of course n. look, a lot of white working class voters are union members for starters, which is a key constituency of the democratic party. but when you're trying o put it together in an electoral majority in this country, you don't start by excluding people. i don't think they're looking to

exclude working class people. if anything, you could argue democrats have gone maybe too far in playing the class warfare button that says we represent you working class folks. the republicans are the party of the millionaires. and i'm not one who is a big fan of class warfare, but i certainly don't think you can look at obama and say, oh, yeah, he's written off the working class. anything is possible. >> heather: let's talk about that working clarks or those not working. president obama called yesterday's jobs report a sign that the u.s. economy is on the rebound. 8.5% in december, that's a three-year low. his prospects for reelection may depend on that. what do you think? >> of course. look, 8.5% is better than it's been. if you look historically for incumbent president, you want to be below 8% when you're running for reelection. so while obama, the president, is right, that we're heading in the right direction not only for the country, but for his political future, he's still got a ways to go. and really, i think, this

election is going to end up being about bread and butter, about the economy and about voters looking at the two candidates and saying, who do i trust more to help me and my family more? not what did their grandfather do or how much money this they have in the bank or any of that. it's going to be about who is going to help me. >> heather: yeah. really how they feel at that moment, as we zero in op the election. i want you to tell me what, do you think will happen in new hampshire? >> romney. >> heather: romney. without a doubt? what about second? seems to be a bottle for second right now. >> it is a battle for second. i mean, i got to be honest with you, i would love to -- as a democrat, i'd love to have us run against santorum. i'd love to be running against ron paul. i'd love it if ron paul would run as an independent. i think the funny part of this process is just objectively, romney is the strongest candidate republicans have. he may not be the most

conservative, but he is the most electable. and the interesting thing about this weird, wild primary and caucus process is that it generally tends to work out the way it should. >> heather: you think romney could beat obama? >> well, i don't know, but romney is certainly the strongest candidate against obama. you look at the republicans, among them, who has got credibility on the economy? i think the clear answer is romney. >> heather: all right. i tried to catch you there, susan. thank you very much. we appreciate your commentary, as always. thank you for joining us. you can read her syndicated column in the newspapers all across the country every wednesday and friday. thanks. >> gregg: now, they are a critical part of modern police work. could the use of drug sniffing dogs be a violation of your constitutional rights? the supreme court is going to weigh in on that and so is our legal panel coming up next i'd race down that hill without a helmet.

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>> gregg: their noses have been used to catch hundreds and hundreds of criminals, drug sniffing dogs like frankie here provide signals to police which are often used as a basis to conduct a search. but now u.s. supreme court expected to decide whether that is actually a violation of your 4th amendment right, especially if it concerns dogs sniffing at the front door of your home. defense attorneys and former prosecutors prosecutors are here with us. this case works its way all the way to the supreme court 'cause dogs went up to somebody's home, sniffed, smelled drugs inside, and, of course, there was a warrantless search then perpetrated. is that an unreasonable violation of the 4th amendment? >> i say not. >> gregg: really? >> i say not because in this particular case, the police officers had a reasonable suspicion and that reasonable suspicion was that they received an anonymous tip that this home

had marijuana being grown in it. and when they went to the home, the dog detected the odor from outside of the house. so that's not an intrusive violation of privacy. >> gregg: what if it were police outside listening in with microphones? >> that's a totally different thing. >> gregg: how is that different than drug sniffing dogs? >> it's not identical because with the microphones, they're listening on either illegal and legal activity, whereas with the dog, these dogs are trained to detect marijuana, which is an illegal activity. >> gregg: is she wrong, david? >> absolutely wrong, gregg. the police have no business being on this porch in the first place. there is a 4th amendment. there is a constitution. there is probable cause. not reasonable suspicion. by the dog sniffing on that porch outside that house, that constitutes an illegal search and seizure in violation of the 4th amendment of the

constitution. absolutely. >> you're forgetting that they did not go into the house. the dog gave them the probable cause to do the search. so it was not a violation of the 4th amendment right when the dog was outside of the house and detected the odor. remember, they are doing surveillance of this home. >> our government is there for one reason and that is to have the dogs perform this illegal search. that porch area is an illegal search when it comes to these dogs sniffing inside. >> gregg: what about athermal imaging device that police might use outside a home that could detect heat on the inside that's being used by heat lamps to grow marijuana? is that a violation? how is that different than drug sniffing dogs? >> again, you can distinguish that because thermal imaging technology, they're able to pick up on heat for any issue or any use, not just growing of marijuana. so i read an article that it could be used to tell when a bath water is hot. >> gregg: david, here is the semennal case by the supreme court ten years ago.

we'll put it up. here essentially the point of it, the holding in the case. surveillance becomes a search, which requires a warrant, if it reveals sights or sounds that the suspect reasonably believed would be private. now, if you're inside a home and you happen to have drugs and so forth, it's still your castle and don't you have a reasonable expectation of privacy? >> absolutely. it's not a sight or a sound, but it is a smell inside the house and i am confident when this case goes up to the united states supreme court, the united states supreme court will rule in a similar fashion. this shroud of privacy is at the heart of the 4th amendment and they will not -- >> gregg: there is this thing called the plain view doctrine and also applies to people's castle, their homes. if you have, for example, contraband that's sitting next to a window and it can be seen from the street, a public place, and police can see that, they

don't need probable cause search warrant, they can seize it. here, that's not the case. it's not within plain view. >> the same thing could go for the reasonable smell doctrine. i did cases where the issue was the officers detected those odor of marijuana and this case, the dog detected it outside of the home. >> gregg: only a dog with hyper senses could do it. >> but those cases are in a car, they're outside of the house. -- >> the dog was outside of the house here. i think everyone is forgetting that. it wasn't inside of the house. >> but the dog is on that porch for one reason and one reason only and that's to perform an illegal search and seizure. that dog smelling the marijuana inside the house is an illegal situation -- >> gregg: i'm willing to bet this is an extension of the case from ten years ago and the court will say this is unreasonable violation of the 4th amendment. >> we'll see. >> gregg: it will be interesting. >> gregg, you've agreed with me today. i can't believe it. >> gregg: it's stunning because

you always lose these arguments. good to see you both. >> heather: good debate. the top republican candidates are barn storming through new hampshire trying to get a leg up ahead of tuesday's crucial primary. so who is making major moves in the polls? we've got brand-new numbers for you up next [ male annouer ] juice drink too watery? ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8.

>> heather: the new hampshire primary just three days away. the latest real clear politics polling average has mitt romney in the lead with a four point edge over newt gingrich. >> gregg: but the latest rasmussen report poll tells a different story, showing romney way in the lead with congressman ron paul a distant second, newt gingrich dropping all the way back to fifth in just the last month. joining us now from manchester, new hampshire, independent

pollster and the president of rasmussen reports.com, scott rasmussen. great to see you as always. >> great to see you. >> gregg: for people who always look at these poll, one poll says this, another says that. help us to understand how they're different. >> the simplest thing i know, the comparison you're talk being now is the timing, that real clear politics average goes back i think to mid-december. that was a time when newt gingrich was riding high in the polls. our poll was taken not only after gingrich was beat up by all kinds of negative ad, but also by the iowa caucus results. what we see right now is rick santorum surging. there is no doubt, mitt romney is going to win the new hampshire primary. he's going to win it big. it's almost his home state. it's a state that is ideally suited to his campaign. the thing to watch is going to be santorum. can he surge to a second place, even if it's a distant second place finish here in new hampshire? if he can, he'll be able to go down to south carolina and say,

for all of those who are comfortable with governor romney, i'm your alternative. >> heather: scott, if the general election was held today, mitt romney, he's been neck in neck with president obama, one week he's ahead, the next week president obama is ahead. this week they're tied, though. right? >> that's right. 42-42. the good news for governor romney is that a lot of those people who are uncommitted to either candidate disapprove of the way the president is doing his job. the good news for president obama is they're not sold on the republican options yet. consistently, though, obama and romney have been essentially even. all of the other republican challengers don't do as well. republican voters are confident that rick santorum could beat barak obama, but they are even more confident that mitt romney could do so. unaggrated voters and democrats say it's a pipe dream to think rick santorum can win the general election. >> gregg: let's turn to another branch of government. not a particularly good report

card for members of congress. >> no, not at all. 48% say that most members of congress are corrupt. we track this over time. this is the highest level of corruption we have ever seen or perceived corruption, that comes after all the stories about members of congress can trade on insider information and all sorts of other things that come out. when we shared data like this, the answer in washington, d.c. is always, well, yeah, we know people hate congress, but they love their own representative. only problem with that logic, it's not true. only p 1% believe -- 31% believe their own representative is the best person for the job. >> heather: they believe lawmakers are out for themselves. right? >> 86% say yep, that's what their purpose is. they're not looking out for their constituents. 52% say they think their own representative in congress probably trades votes for cash. >> gregg: all right. scott rasmussen, up in manchester, new hampshire, where all the action is. scott, thanks very much for

being with us. >> heather: thank you. >> thank you. >> gregg: i see here a couple of folks, arthel neville and rick folbaum. what is that. >> happy birthday to you. >> happy birthday. >> heather: my office -- i'm not 59, once again to clarify. >> gregg: there are a few candle s there. >> heather: are they trick candles? >> yes, they are. watch your hair. >> yea! happy birthday. >> get out of here, our show about to start. >> happy birthday. >> gregg: that's going to do it for us. obviously arthel and rick are coming up next. stick around for that. have a great weekend, everybody. >> heather: bye. [ male announcer ] if you think tylenol is the pain reliever orthopedic doctors recommend most for arthritis pain, think again.

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