comes to hijking planes. actor claims he would have stopped a terrorist on 9/11 if he would have been on board. what he said about what he said will be coming up on our show when we talk outloud. "fox & friends" starts right now. >> it is really shocking about marky mark because he's such a good guy in hollywood seemingly. >> i think he had good intentions. i think he had good intentions about what he said originally about being a patriot for his country. he'll discuss that in a minute. first, though, a fox news alert for you this morning. getting brand new video out of italy. emergency crews have resumed their search for 21 people still missing on that wrecked cruise ship. they're also working on siphoning 500 gallons of fuel off that boat. the first of the victims identified overnight, 38-year-old sander ferrar seen in this you tube video.

he was a violinist who was working on the concordia when it went down. apparently he went back to get his violin. one woman who was considered missing yesterday turned up safe and sound at her home in germany overnight. same can't be said for jerry and barbara hiel. they're still unaccounted for. they held a vigil last night. they're holding out hope they will be found. >> the trial of a suspected jihadist charged with killing two american soldiers comes to a screeching halt. a german court has decided to delay its verdict against him as judges are beginning to question new evidence. according to local reports, that evidence has to do with the newspaper article that claimed he trained at a terrorist training camp in bosnia shortly before the attack. the defense says he was never there and the report is bogus. he confessed to the march 2nd shootings last year and he'll likely go to prison either way. the only difference -- whether he's given the opportunity for parole. for the third time this month,

the u.s. navy has rescued a crew of iranian fishermen. >> are you kidding? >> helping an iranian fishing boat sinking in the arabian sea. the american sailors got the iranians to another boat and gave them 150 pounds of food, water and supplies. the dewey is one of the ships iran has threatened to torpedo if it enters the persian gulf. >> that's absolutely incredible! three times. >> now more from gallery, brian kilmeade. moving on to this story, vice president joe biden outraging fans of the san francisco 49ers at a political fundraiser. biden booed after telling the crowd "the giants are on their way to the super bowl." biden corrected himself saying he was referring to san francisco's baseball giants. but since the niners are playing the new york giants, niners are playing the giants coming up in the nfc championship this weekend, it was a giant mistake. >> no kidding. say it ain't so. >> this is the first one so you got to give him a little bit of

leeway. >> we'll just mark it down. just biden one. >> speaking of numbers, let's tell you a little bit about this good news for newt gingrich. maybe his great performances in the last debate where he did get a standing ovation is impacting the polls. there's a new cnn/orc poll out this morning and what it shows is look at that, newt gingrich is surging in south carolina. he is just 10 points back from mitt romney. when you look at a rasmussen national poll, they're tied at the top. romney at 30%. gingrich at 27%. they are within the margin of error. >> let's go back to the cnn poll for a section. i think it's key that most of the survey was taken before monday's debate so 10 points shows a closing gap because it was a 19-point gap a couple of weeks ago. but we don't know the difference since the revelations about mitt romney's tax rates. and what's in the cayman islands and we don't know anything about the true effects of what newt gingrich has said and his stirring performance at the

debate. >> i think, if anything, the only thesis you can get from this whole election cycle is it's fluid. i mean, tit is completely fluid and for people to go on tv and say this race is over and it was a two man race a month ago or whatever it was, there's no predictability of what will happen in this race. that's what keeps it exciting and fresh and thousand we have something new to tell you about tonight which is abc plans to air an interview with newt gingrich's ex-wife, his second ex-wife. and a lot of people are wondering about the timing of that. let you decide that. >> they want ratings. it will be on "nightline" tonight. excerpts throughout the day. it won't be good for newt gingrich. almost like every single divorce i've heard in my life, there's bitterness between couples. >> this woman mary anne gingrich was married to him for 18 years. they divorced in 1999. they got married in 1981 months after he left his first wife and he would eventually leave mary

anne for calissa. two hours, she sat down with brian ross. >> two hour. >> two hour interview, they'll have excerpts tonight on "nightline." camp newt has responded with a letter to abc news from his daughters. and the quotation we're using this morning is the failure of a marriage is a terrible experience for anyone involved. anyone who has that experience understands it's a personal tragedy filled with regrets and sometimes differing memories of events. >> what's interesting about that is these daughters, of course, they're from his first marriage so they're not the daughters of this particular wife. but the interesting thing is they did not ask abc not to run it. i think the most important line is the last one, people have differing memories of different events. >> they are pushing for monday. have a fresh week but i think it's interesting because mary anne gingrich is on the record as saying that if she speaks out, she could end his political

career. >> in fact, back in -- we've known she has been bitter and scorned for a number of years. she told "vanity fair" in 1995, i told him, newt, if i'm not in agreement, fine, it's easy. i go on the air the next day and i undermine everything. and then she goes on to say, i don't want him to be president and i don't think he should be. >> recently, just in 2010 in "esquire" she says this, he could have been president. when you try to change your history too much, you lose touch with who you really are. it's interesting to say what's different about what she says now. she has been speaking out as far back as 1995 and as recent as 2010. so will there be, you know, a tremendous more detail in this two-hour interview. i guess if it's two hours, yes. >> very simple -- >> yeah, it's going to be interesting. if this just happened six months ago, i think it would be a lot more relevant, i don't know what she can possibly say about her 18 years of marriage that newt gingrich has openly asked for

forgiveness for. if this gets into the nuts of the bolts of the relationship, we weren't there. we can't be the arbitor of justice. 1 out of every 2 families can relate to directly. >> yeah. it has to do with personal life and it's going to be personal. so stand by. we just thought we'd update you on what's going to hit the fan later tonight. >> first off, the campaign trail already a busy place for five g.o.p. candidates making the rounds. we've been chronicling it here on our show. it's about to get more crowded today. peter doocy live in washington with more. the president getting into the act. >> that's right, brian, and you know, they say disney world is the happiest place on earth and today, president obama is going to go there and try to gain support for his new tourism strategy and for his re-election campaign. obama for america, his campaign also just released an ad brand new airing now in iowa, michigan, north carolina, ohio and wisconsin all battleground states. the obama campaign says the republican candidates, karl rove, the koch brothers and more

spent more than $30 million on tv ads attacking the president last year so now, basically, it's their turn to play defense. defending president obama's record as unprecedented, we saw this ad for the first time yesterday, the same day the white house gave the keystone xl pipeline the thumbs down and now some of his g.o.p. opponents are letting him hear about it. >> the president making the decision on the xl pipeline, this has been studied for three years. we know it's going to be the safest pipeline. there are pipelines crisscrossing over the aquifer today. this is nothing more than this president giving his political base a victory. at the expense of america. >> but what kind of a president kills 20,000 to 50,000 construction jobs plus a 30 to 50 year process of processing in houston, the largest petrochemical center in the

world and the ports of houston and galveston making money shipping. all that thrown away so barack obama can appease a group of left wing environmentalists in san francisco? >> and out on the trail, keystone isn't the only thing the president has to be worried about. apparently, hollywood executives friendly back in 2008 are now threatening to stop giving the president's campaign money because they're really mad that the white house is now basically siding with the tech community and not the studios in that sopa, stop on-line piracy act. back to you. >> thanks a lot, peter and the other thing to factor in is canada is really ticked off. he is -- he says look, this proves that we have to put out our oil products. >> they're looking to asia. >> if we're not going to buy it and asia and china has the money, if you were running that kunlt -- country wouldn't you say next stop, china. >> mark wahlberg said he was

supposed to be on the plane that crashed into the world trade center that was leaving boston en route to los angeles. he was interviewed by "men's journal" about his movie and that question came up. >> here's what caused controversy, if i was on that plane with those kids, it wouldn't have went down like it did. it would have been me saying, we're going to land somewhere safely. don't worry. so a lot of family members who lost people either on the planes that went into the world trade center or in pennsylvania or at the pentagon and for those people who died in the world trade center, they had problems with what they said. they said look, you're a movie star. maybe you're thinking about this as far as a movie script and not reality and by the way, you've had the luxury of knowing how this all played out. you didn't know what it felt like to actually be on that airplane where nobody could have imagined this would have happened. >> it was a dumb thing to say. bill doyle whose son joseph died in the world trade center.

he said "do you honestly believe he would have gotten into the cockpit and flew the plane." then a woman by the name of carrie who is a film producer and lost her mom on the flight is furious. she said people were maced on that plane. throats were slit. shown things that looked like bombs. it wasn't like people just sat back and he needs to apologize. she wound up through her film industry contacts, got him on the phone and he did apologize. >> and here it is. he says this, to speculate about such a situation is ridiculous to begin with and to suggest i would have done anything differently than the passengers on that plane was irresponsible. i deeply apologize to the families of the victims that my answer came off as insensitive. it was certainly not my intention. and the thing that's in mark wahlberg's court, he has an incredible track record and he's known as a guy who hasn't forgotten his roots and is extremely benevolent with his success and by the way, does play a legitimate tough guy in

the movies. >> his comments seem like aberration given what's happened in the past. he'd like a do over. he said he's sorry. >> let's tell you what's coming up for the rest of the show for today. the congress is slamming a do nothing congress in his pitch for re-election. doesn't he have the power to go around congress? well, he did. remember in that recess appointment. so we will talk about that come up. >> and the solar company solyndra collapsed during the $500 million -- with $500 million of your tax dollars with it. now there's a new pitch, to keep it open. >> keep the lights on at the solar place? [ 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.

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congress. same congress half controlled by his own party. all this while congressional democratic leaders like nancy pelosi and harry reid keep blaming the republicans when it comes to the economy. >> it's not me. it's the republican majority in the house of representatives. we have missed an opportunity and much of it because they want to obstruct initiatives for the president. >> we have had obstructionism on, i repeat, steroids. we need to work together. that's the name of the game here. and it hasn't happened. >> former arizona congressman and fox news contributor joins me now live to dispute, i believe, what we just heard from nancy pelosi and harry reid. good morning to you, congressman. >> good morning, gretchen. >> so this seems to be the prevailing strategy now of the obama administration for re-election and he has his foot soldiers doing the dirty work for him, right? >> well, he's got a record that he knows he cannot run on. and so he's decided he'll run

against the united states congress. the problem is that's going to be extremely difficult under these circumstances. in order to run against the congress, you've got to have the people on your side and you've got to be fairly politically adept. i think the story of the keystone pipeline proves kind of perfectly how he's not able to run against the congress or even around the congress. to be able to do that, you got to have the people on your side. on this issue, he continues to kind of push against the popular will. this is a decision that will cost americans thousands, tens of thousands of jobs. it hurts organized labor. and he says, you know, too bad that's what i'm going to do. his attempt is to blame the republicans. >> and yet -- >> can you imagine -- go ahead. >> you go ahead first. >> well, can you imagine bill clinton less than a year out from an election saying i'm going to kill 20,000 jobs? bill clinton's motto was i feel your pain. it looks like barack obama's motto is i don't care about your pain. i'm going to push my failed

policies. >> yeah, but it's consistent, is it not? because i'm thinking back to the whole health care debate and most of the polls back then and even more so now showed that the majority of the american public did not want overhaul of health care in this country. and yet, they pushed that through and so it seems to be that he's just sort of staying on track with the same strategy. >> yeah, and i think that's exactly right. his strategy quite frankly parallels nancy pelosi's during the health care bill debate. she said and she told her constituents and her colleagues in congress, i was there at the time, don't worry about where the people are. just do what i tell you, pursue my ideologically leftist agenda and ultimately the people will like this bill. the people don't like this bill. right now, bill clinton would be saying look, i better be on the side of the people. he actually had to run against congress and did so successfully to get re-elected. but he put himself on the side of the people. >> i know you're pointing out the differences between president clinton who many argue came to the center in order to be re-elected for a second term.

let me bring you to this point -- does the strategy work of a do nothing congress when, in fact, the president does have the power to get things done. we just saw that happen with that recess appointment of richard cordray. >> again, i think the strategy would work if he could successfully get around the congress. but in this case, he needs to have the people on his side. in the recess appointment, he played a game with the law and got away with it. but to enact his policies, he's got to get the people on his side. all we hear from the congress is excuses. you just heard harry reid and nancy pelosi giving us excuses. let's talk about their record. the congress has not passed a budget which is required by law in almost 1,000 days. next week, it will be 1,000 days. that means three years and on top of that, the president has gotten his spending priorities. he's actually wanted to spend more and yet, in the first three months of this fiscal year, the president and this administration has spent more money and created more deficit

in three months than the entire annual deficit any year for the country until 2003. >> yeah. >> his policies aren't popular. he's spending us into owe blif -- oblivion and you can't get around the congress. he's not. he doesn't care. he wants his ideological agenda. >> has so much to do with the messaging because the do nothing congress, that message seems to stick and right now, congress at a 13% approval rating. we'll have to see if the strategy pans out as we continue to watch the coming year. thanks so much for your bright and early time this morning. >> you bet. my pleasure. >> coming up on the show, the president wants to streamline some government agencies. seems like a good idea. no? well, our next guest says not so fast and he will explain. and then talk about a racket . coming up, the video you'll be talking about all day long. is it fast?

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>> got some quick headlines for you on this thursday morning. a month after a u.s. supply convoy was torched by pakistani militants, pakistan is now reopening nato supply routes to afghanistan but only if the united states pays tariffs. supply lines have been closed off since an american air strike in november accidentally left 24 pakistani troops dead. and it's a sad kodak moment. the 120-year-old photography company eastman kodak officially filing for bankruptcy. kodak taking out a 950 million loan to pay its workers and benefits as they try to reorganize.

brian? >> steve, i said thank you but it was in the animation. president obama wants congress to give him the power to streamline the government by merging and consolidating agencies. now, in theory, it sounds like a good idea. but is this just regulation nation in disguise? >> what a joke! what an absolute transparent phony baloney plastic banana good time rock 'n' roller f.m. type of a scam. they're all pro business. they are all pro business! and this is where obama wants to shrink! you can even say those agencies might lean to being pro republican or pro conservative. >> rush limbaugh weighing in. peter sweitzer is a fellow at the hoover institute and author of this book, bestseller "throw them all out." peter, your reaction to the president's consolidation that

will save us a whopping $3 billion over 10 years? >> well, you know, a lot of times politicians during an election year perform unnatural acts. something that's inconsistent with their views so it's an election year. i think this is part of president obama's plan to say that he wants to cut government. but i think rush limbaugh is right. i mean, he's talking about cutting a jobs from the office of the trade representative, from the export/import bank. these are basically agencies that are designed to promote exports and benefit the business community. >> we're in, right now, this era of cuts, let's see if the president's cuts match up. specifically, here's what he did. he wants to -- he wants to ask congress for a consolidation of authority. he wants congress -- he says they must hold up or downvote on president's plan within 90 days. ee got a limit on. it the plan would combine several congress and trade agencies with similar functions that you kind of outline. eliminate the commerce department. small business administration would become a cabinet level agency so the plan may save $3 billion over the next 10 years

by cutting 2,000 jobs. why there in this place when you think anything pro business would be front and center because the economy seems to still be struggling. >> i think that's exactly right and he just had outlined some policies designed to insource jobs and bring jobs back to the country. these agencies are sdienld to promote american exports to other countries. so there's an amazing inconsistency in president obama's policies here. >> the small business administration will get a cabinet level position so there's going to be more emphasis on that. but the president also has on the shopping block the office of trade representative, the export/import bank and the overseas development corporation, the trade agencies so these are going to go by the boards. their role, will it be missed in government from your research? >> no, i don't think it will be because what's going to happen is they're going to try to consolidate it and put it into a different entity. they're not talking about eliminating these government functions. to a certain extent, i think it's window dressing. the problem is if you go from having, say, four or five

agencies that promote business interests to one consolidated agency, that consolidated agency will have a lot more power to expand its scope and its size so i don't think the net effect will be cut jobs or eliminate the size of government at all. >> you've done some tremendous research in your book about maybe how disingenuous some of these lawmakers are. what would show you that congress is truly serious about getting our fiscal house in order? >> one of the things we can start with is each government agency has to come up with a contingency if we have a government shutdown like we have in the past. they have to designate who are essential personnel. at the department of education they've declared a few hundred out of 4500 are actual personnel. the other ones that you have that are not deemed essential. my notion would be why don't we use that as a template? look, these are difficult fiscal times. we should only have employees that are there in government

service who are performing essential functions. that could be a template for where we cut and how much we need to cut. >> when we can shut the debt clock down again in new york city. peter, thanks so much. the book is called "throw them all out" and congratulations on its success. >> thank you, brian. >> all right, 28 minutes after the hour. gitmo is supposed to be one of the world's most secure prisons but a suspect in the uss cole bombing was able to get a terror training magazine in the mail. how does that happen and uncle sam's bank account is running dry so he's tapping into pensions to pay the bills. what does that mean for him behind camera one. he's counting on that pension. first, happy birthday to dolly parton who ironically ian used to date. she turns 66 today.

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it's a close call between sushi and popcorn is my favorite food. >> very similar. >> yeah. so in fact, i only go to the movie theater so i can eat the popcorn. >> i actually have sushi flavored popcorn. i have the spicy tuna -- >> is that my christmas gift for next year? >> not anymore. because you just figured it out. >> ok. how about a yellow tail scallion? >> that would be something i don't order but i don't know what it tastes like. >> our friends at the popcorn factory have brought out these tins of popcorn and obviously they are football themed. national popcorn day, i guess, got started on this date back in the day when they said, well, about that day in january, that's about when they usually do -- >> sorry, i don't want to get in the way here. >> don't take away my smile. >> how about that survival kit? >> we have to get rid of all the popcorn except for the giants one. >> before you take this, these four right here, this is the average amount of popcorn that an american eats in a year. >> you're kidding. >> no, it's true. that's a lot of jify pop.

>> the average american eats 13 gallons per person. >> i'm keeping this one. >> here's the problem -- there's no one in this studio who believes any can belongs on this set that doesn't say n.y. ok? >> she's a 49er fan. it's all about the giant can this week. ok? >> giant can. >> brian, you're fired! >> are you forgetting about all our other viewers in all the other cities? i'm thinking san francisco and i'm thinking baltimore. i'm thinking boston, new england area. >> i'm sorry. >> at the end of the day, i think that it will probably be the new jersey giants. >> the new jersey giants with governor christie coming in? >> where do they live? where do they play? >> wasn't my fault! >> ok, fine. >> charles gasparino will be peering off these gigantic tins during this segment. we'll give him a booster chair. >> meantime, we got some

headlines for you on this national popcorn day. 25 minutes before the top of the hour. casey anthony's hiding spot revealed as a report out this morning that she's been hiding at the cross church of palm city, florida since her murder acquittal. the church's pastor reportedly acting as her spiritual meantor. he will not confirm nor deny the reports. he's also not explaining why there are no trespassing signs blocking each of the church's entrance. you don't normally see that at a church. those signs are reportedly removed once a week for sunday services and then put back up. now, we know. >> interesting. joran van der sloot's chilling handwritten letter to police revealed to the public for the first time. according to radar on-line, van der sloot blames the natalee holloway case for derailing his dreams. when i was 19, i got arrested in aruba. they suspected me for the disappearance of an american girl. after that, my dream of studying in the united states is impossible. he cuts off his life story two

weeks before he killed stephanie flores in peru. he was just sentenced to 28 years behind bars in that case. brian? >> all right. a copy of the jihadist magazine "inspire" found inside a prison cell at gitmo? military prosecutor who is trying some of the suspects on the uss cole bombers that is making this revelation public. she says the terrorist propaganda was sent by a lawyer who represents a gitmo prisoner. the prosecutor is now calling for stricter rules to prevent reading material like this from getting into gitmo. >> good. >> you think that might be the first things they wouldn't allow. anyway, want to buy a failed solar panel company? if you say pass, you're not alone. solyndra, the company that went bankrupt despite getting a government loan was supposed to go up for auction today. it was hoping to stay in business with a new owner. there were no takers. this is the second time the auction was called off. solyndra will now sell its assets on february 22nd. and i wonder if those assets

will go to the creditors but probably not back to the taxpayers. >> now over to brian kilmeade and his big cans. >> that's true. that was a secret, steve. i just want to -- this is a giant can in case we need it and a little bit better, i'll give my prediction for the super bowl. all right. it looks like -- chris is hungry. that's what it looks like. hey, it looks like tim tebow had a pretty good excuse for losing that playoff game against the new england patriots. it turns out he was hurt for the entire second half. the broncos just revealing that tebow had torn cartilage in his rib, bruised his lung and had fluid build up in his chest. tebow was in severe pain and was determined to finish the game. he's reportedly undergoing rehab for his injuries right now and no surgery. talk about making a racket . a very frustrated marcos bagatise venting his anger after falling two sets down to his opponent. at the australian open, he destroyed the racket he had

been using during the match before turning his attention to his brand new racket in his tennis bag. in the end, he was also fined $800 for his little temper tantrum and needs a whole bunch of rackets and also, he did rally shortly but ended up losing the match. >> it happens. >> all right. guess he was pretty angry. in a largely symbolic vote yesterday, the republican-controlled house rejected president obama's request to raise the debt ceiling another $1.2 trillion. >> why go through congress when you have your own treasury department to find ways to pay uncle sam's bills? it's true. the treasury on tuesday began raiding federal pension funds. >> here to explain, charles gasparino from fox business network. that's our biggest fear, they would wind up -- they've stolen from us while we're alive, when it's time to retire, there's nothing there because it's gone. >> it shows the absurdity of that debt ceiling debate when tim geithner essentially lied and said we were going to default on the debt if we didn't raise the debt ceiling.

well, they have about -- by the way, they put the markets in a tizzy. it had a real economic impact. they have about 40 different gimmicks to get around this including this. raid a fund to prevent default and prevent the ultimate sort of catastrophe and it just shows you, i don't trust a lot of what comes out of tim geithner's mouth these days particularly when it comes to the economy. this is sort of a callousness. it's interesting. if you can't raise the debt ceiling, just borrow from yourself. >> pension. >> it's federal workers, you know, they can dip in. by the way, this is done a lot on the state level. any time these state guys need to balance a budget, they'll do something like that as a temporary measure. you can do something like this or 40 things like this. >> why did he do it now. was it directly tied to this? >> yes, because i think what they -- they needed the money immediately was what happened and the money is there, listen. didn't have to pay it back. it's a temporary borrowing because it is kind of interesting that, you know, while he's saying we were going to default, but i'll tell you, this default thing is a big

thing at the time. it was the lever that they tried to use to force basically to have no debate about the size of our debt. and it was a lie because he can do stuff like this. >> what about federal employees? don't they have a say in it? >> no, they don't. >> what about if the cupboard is bare and they don't put the money back in. >> they'll put the money back in, i believe. it's called a one shot gimmick. they do it in new york, pennsylvania and every state in the union when they have to balance the budget on a short-term basis. it's not good. governor cuomo is out with a budget today saying he's doing no one shots. i doubt it. this happens all the time. government is so big. you can rob peter to pay paul. >> right. >> all right, charlie gasparino, thanks for getting up bright and early for us. we'll check you out on the fox business network. >> one shot. farming helped grow our country into what it is today. today's farmers are doomed from the start, her story is straight ahead. >> and paula deen really taking it on the chin.

she's being skewered now by celebrity chefs who say she's cashing in her diabetes that she didn't report for the last three years. dr. manny reports. you decide. i've worked hard to build my family. and also to build my career. so i'm not about to always let my frequent bladder urges, or the worry my pipes might leak get in the way of my busy lifestyle. that's why i take care, with vesicare. once-daily vesicare can help control your bladder muscle and is proven to treat overactive bladder with sympts of frequent urges and leaks day and night. if you have certain stomach or glaucoma problems, or trouble emptying your bladder,

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♪ >> what do you do when the key to revitalizing your town's economy is banned by the government? that's the dilemma many families are facing in upstate new york where property taxes are higher than mortgages. jobs are nonexistent and government regulation has stifled the one way landowners would be able to keep their heads above water. a new film called "the empire state divide" tells their story. >> new york's agriculture is in free fall. farmers struggle with increased property taxes and inability to lease their rights. >> think the average age of a farmer today is like 68 years old.

they have children but the children don't want to get into farming so i thought some day things would get better and brayden could take the farm over but that's never going to happen. >> and it may never happen. attorney karen moreau is the co-founder of foundation of liberty. her family owns the lone mushroom farm left in upstate new york. good morning to you. >> good morning, steve. >> your film is great. it really tells the story about how a lot of family farms have been squeezed out. there's nothing there. people are moving out. they've got all that land and underneath the land is a lot of gas and oil but because of overregulation and a lot of environmentalists, they can't touch it. >> that's right. in the southern tier of new york near binghamton, these farmers are looking across the border into pennsylvania and seeing this boom and they're wondering why can't it happen here? and they've been waiting now for almost four years for new york

state's regulatory agencies to approve horizontal hydrafracking. >> that term has been so maligned by some members of the media, they go oh, that's that thing where you turn on your faucet and the flames shoot out which you say is not true. but nonetheless, fraking is ok and legal in pennsylvania but not no new york where so many family farms are about to go under. >> it has been around for decades. key is horizontal drilling. it's happening in north dakota and ohio and all over country and these states are booming because of it. the poorest people now are doing really well because of it. they have jobs, their kids are coming back to their farms. they're building factories. >> right. in your film, you tell a story of a guy in new york state who is standing behind fracking becoming a reality and just keeping it the way it is and ironically it's a guy from texas who made his money in the petroleum business and now that he's moved to upstate new york,

he said no, not going to do it there. >> because he has a second home in an affluent community and he doesn't want to see anything disturbing his backyard. and that's a part of this entire fight. >> it's crazy how in so many parts of our life now, overregulation has brought what has traditionally between the family farm in new york and across the country so close to extinction because for a while, they farmed what was above the ground. they could do what's below the ground but they can't because of these environmentalists and overregulation as well. >> right. and agriculture and industry, they go together. if you want prosperity in these little towns, you need both. you need balance. that's the story of my family. my grandfather made his money as a croatian immigrant working for the cement plants. and then he saved money and bought a farm. and that's where the mushroom farm came from. it's still here today. >> if the governor of new york, governor cuomo was watching right now, what would your message to him be given that you

are, you know, speaking out for a lot of landowners in new york state? >> i think i'd like to say to the governor, please, move this forward. so many lives depend on it. >> indeed. check out the film. it is called "the empire state divide" and how can people see it? >> it will be coming out next week and go to our web site, land and liberty foundation.com to give ayou an alert. >> good luck with the last family mushroom farm. what do you think about that, the overregulation? crazy, isn't it? friends at foxnews.com. meanwhile, straight ahead, paula deen is being skewered by fellow chefs. did she cash in on fatty foods while hiding her own personal diabetes? can you really get diabetes from your diet? dr. manning here next to explain. occupy protesters say they're downright broke but they want to keep going so guess who is picking up their latest tab. taxpayers.

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>> for years, paula deen's decadent food has made her the sweetheart of southern cooking. but the celebrity chief's recent admission she was diagnosed with type ii diabetes three years ago is sparking conontroversy and criticism. this morning, we want to know if that's fair or not. >> dr. manny alvarez will play in his court today, part of the medical a team. three years ago, she came out and she's a great guest of our show. unbelievably talented on

television but should she have been more cannedity three years ago that her eating habits have given her type ii diabetes. >> paula deen is an american icon. she's had shows for years. her style of cooking, you know, a lot of people like it. but it's extremely unhealthy but that was not the point. i think that a lot of people are upset because now you come out, you take a paid sponsorship for a pharmaceutical company to talk about diabetes drugs that you don't know anything about, by the way and on top of that says i have diabetes for the last three years. i don't care about her private medical history. if she wanted to keep it quiet, she should have. but now, this whole thing that says, you know, i've been cooking this style of cooking for this many years and i'm going to change my recipes now, it's sort of a slap in the face for the people that follow you, you know, because if you're advocating eating a hamburger with fried donuts or using crisco oil like she uses it, you know damn well if you are an

educated chef which is, i think, the operating word is there's -- you are what you eat and at the end of the day, you know, you pay the consequences. so this hypocrisy is really what's upsetting a lot of people. >> to educate our viewers, type 2 diabetes is a genetic link but also is there -- or is it all solely because of what you put in your body? >> i would argue that 90% of type 2 diabetes that affects about 23 million people is a generational disease secondary to obesity. basically at the end of the day, when you gain so much weight, you marbleize your tissue, your insulin is not able to metabolize the sugar and therefore, basically, is created -- there's a lot of parts in the world where they treat type 2 diabetes by having bariatric surgery. >> if she ate healthy she could technically get rid of diabetes. >> if she ate different. i don't think you'll find major chefs around the country who

really cook with, you know, with nutrition in mind that in reality end up with type 2 diabetes. >> here's her explanation. i haven't memorized it. thanks, prompter. i've said this, practice moderation, y'all. i'll probably say that a little louder now. you can have diabetes and have a piece of cake. you cannot have diabetes and eat a whole cake and the drug which she's advocating. >> again, moderation, you know, those are the buzz words of a lot of television people especially when they're not doctors. moderation, portion control but at the end of the day, the caloric contents of her foods are bad. so, you know, we'll follow you on line, doctor. >> you got it. talking more about this at fox news health.com. >> thank you very much part of the medical a team, dr. manny alvarez. with the president's re-election campaign blasting mitt romney's time at bain capital, why did the white house hire a bain alum, then? michelle malkin weighs in on that at the top of the hour. >> she's on deck.

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but i think the line's talking about my 401(k). leave a 401(k) behind? roll it over with a company that's helping more people reach retirement than anyone else. call or come in for a free portfolio review today. auto good morning, everyone. it's thursday, january 19th. a big fox news alert to tell you right now. a stunning turn of events in iowa. fox news learning moments ago, guess who really won in iowa. when they actually counted all of the ballots. rick santorum! the real winner now. brand new details moments away. >> newt gingrich soaring in south carolina but will that all come to an end tonight? his ex-wife ready to tell all in her first tv network interview. details straight ahead. >> and the white house blasting mitt romney for his work at bain capital. what would the administration say about hiring somebody who also worked at bain as well? michelle malkin here to weigh

in. "fox & friends" hour two for a thursday starts right now. >> good morning, everyone. hope you're going to have a great thursday. let's bring you up to speed with the fox news alert because a stunning reversal now in the results of the iowa caucuses. rick santorum actually beating mitt romney by 34 votes. now, you remember originally when the numbers first came in on that night, many people were skeptical because mitt romney had only been on top by eight points and there was a lot of confusion about some of the votes being lost in a truck and being calculated late. and the iowa officials said they would take at least two weeks to go through all the votes and recount them one by one. now, does this have any effect in the race moving forward? probably not. but it's interesting for history's sake because what mitt romney was able to say coming out of iowa winning and coming out of new hampshire winning was

that he was the only republican who had done that in quite a long time. >> well, according to "the des moines register" and they're breaking this story this morning, it is officially a split decision. and while they say that with the newly -- and today is the day they were supposed to certify the results. they say today they can't. they say that santorum finished ahead by 34 votes but there are eight precinct numbers that will never be certified because they're simply missing. the party says it is "a split decision". it's a tie for the ages. there are too many holes in the certified totals to know for certain who won according to "the des moines register" this morning. >> tell you what, what an embarrassment for iowa and their whole election process. we put all our focus in, the whole nation is world, the whole world is watching and they have dropped the ball big time. eight precincts can't get their totals certified? so in the end, it looks like these are the totals. 29,839 for rick santorum. a change of 168. mitt romney gets a change of 210 with a total of 29,805.

>> this is why i said from the beginning when it was only an eight vote split, how could you possibly trust that when we're still doing this by the dark ages? maybe we should continue to do it the way in which they do it but people literally write down their vote on a piece of paper. and then they hand it in. is that still the right way to do this now that we're reporting that eight precincts that we might never know. we should add up those totals and see how many votes potentially were in those eight precincts could it make a difference in another way? who would possibly know? >> there's a lot of places that you poll and you vote with paper. the problem in these particular things is apparently after people voted, they said, ok, this is the number and they threw everything out. >> some people went to bed early and didn't call in their results. >> it happens. >> i don't know about that. i think it's a bigger deal than it happens. i think -- >> it has never been this close ever in american history. >> yeah, i just think this will bring a lot of discussion of how we move forward. the emphasis of iowa, this is

what kicks everything off. you can't go back now and say that the momentum -- you can't change that. >> it jeopardizes iowa's place, i think, in the election process as being first. if they can't handle it, they couldn't be able to have so much credence. you realize there's still elections that are lost and won and campaigns that are stopped. you hope the right vote total is the right vote total. >> because it was run by the republican party of iowa, they're saying it is officially a split decision. so there you go. >> all right. so we'll continue to discuss this throughout the morning. now the rest of your headlines. brand new poll showing newt gingrich is gaining ground in south carolina. the cnn/orc poll shows him in second place now closing in on frontrunner mitt romney by 10 points. meantime, that poll, though, was taken quite a while ago. meantime there's another poll that has him within three points. an interview with gingrich's ex-wife mary anne is going to air tonight on "nightline." take a look at brand new video for italy. they have resumed the search of 21 people missing on that

wrecked cruise ship. they're working on siphoning a half million gallons of fuel off that boat. the death toll stands at 11. the first of the victims identified overnight. a 38-year-old seen in this you tube video. he was a violinist from hungry who was working on the costa concordia when it ran aground. he was helping people get off the vote and he's passed away. reports one woman who was considering -- who was considered missing yesterday, she has turned up safe and sound at her home in germany overnight. unfortunately, the same cannot be said for jerry and barbara hiel. the minnesota couple still unaccounted for. their family and friends holding a vigil at the couple's church last night. they say they're holding out hope they may be found. the trial of a suspected jihadist charged with killing two american soldiers comes to a screeching halt. a german court has now decided to delay its verdict against him as judges are beginning to question some new evidence. according to local reports, that

evidence has to do with a newspaper article that claims that he trained at a terrorist training camp in bosnia shortly before the attacks. the defense now says he was never there. and the report is bogus. he confessed to the march 2nd shooting last year and likely go to prison either way. the only difference will be whether or not he's given the opportunity for parole. a woman's encounter with a wild animal caught on camera when zebras attack going viral. >> got like crumbs. >> oh, my -- >> oh, my god! >> that woman named megan was visiting the safari park in texas when she got chomped on by the zebra. it was just trying to steal a potato chip. >> whoo! >> she wasn't seriously hurt, just seriously shocked. >> was there a zebra vaccine if she was bitten? >> if there is, we should get one on the show. >> michelle malkin, your

reaction to that video? >> it's an outrage! >> here's another outrage. ok, so the obama administration has been talking about, oh, mitt romney, bad guy, he was there at bain in boston. made all that money and threw those people out of work. now, as it turns out, the administration has hired a guy from bain to run the omb. >> yeah. it's an interesting juxtaposition. he worked at bain & company a while back and before mitt romney and some other former partners at bain & company formed bain capital, mitt romney worked there. they didn't overlap. but it does point to this interesting test launch shield that the obama administration has when it bashes wall street people, hedge fund managers, people in the financial industry and then on the other hand, turns around and hires most of these guys and braggs about their private sector experience. >> let's move on to something

else that has you fired up this morning which is bank of america and where the president is going to be giving a specific speech and in fact, you call it the bank of democratic party america, what do you mean? >> yeah, well, the bank of america and the democrat party have had a long lucrative history as mutual bailout buddies. and i pointed out in my column that's at my web site at michellemalkin.com and still up there today that just during the midterms in 2010, bank of america extended a $32 million revolving line of credit to the democrat as they were gearing up to pay for all of these ads smearing republicans. bank of america has a long history pandering to all sorts of left wing interests. so it's -- it's actually no surprise that now, obama will give his coronation celebration speech at the bank of america stadium in charlotte, north carolina. the corporation is headquartered there and has a huge influence

over that city. and i think it bears reminding people that all of this comes at the same time that the dnc was bragging about not taking corporate contributions to fund the dnc which is going to cost some $36, $37 million. when you account for the contributions and everything else that bank of america will be sponsoring, all of the million dollar packages for these luxury boxes, well, this is the fat cat convention. not the 99% convention. >> yeah. another major issue that could swamp all other issues, believe it or not, before this election and that is our stand-off with iran and the sanctions that may or may not be in place shortly. iran is sending back a drone toy. a mock of our drone that was -- that fell into their land and now is in their grasp. how insulting is that especially in the wake of the fact that there are reports, verified and unverified that we sent out a letter to them for direct talks.

>> yeah, this is a moment for the obama administration for sure and completely predictable. you'll remember after the drone was downed, that former vice president dick cheney had pointed out that we wouldn't have put ourselves in the position of becoming a laughingstock if obama had made an executive decision to order an air strike and destroy that drone. instead of having to write a letter pleading and begging for iran to give us back this drone. well, great, thanks for restoring america's reputation in the world. can we have that reset button, please? >> yeah, no kidding. and also, something that's got your dander up today is some of those occupiers were down in washington, d.c. and we've chronicled here on the channel how they pretty much run out of dough. the contributions have really dried up. the occupiers were complaining about the price of parking for this particular event in our nation's capital and so what does -- apparently the national park service do, they rented

them a couple thousand dollars worth of porta-potties. >> that's right. and brought to you by the taxpayers. this is, again, money that the occupiers are literally flushing down the drain. and i wonder after all of these incidences of violence and crime and dirtying up cities across the country, what is it going to take for taxpayers in these local governments to finally draw the line and stop this occupy insanity? >> right. and i don't know where that movement is going but they're still trying to break back into zuccotti park in new york and what's happening elsewhere across the country. >> great to see you. have a great weekend. see you again next week. >> you bet. take care, guys. >> she did skirt on the zebra attack. very upset by that. >> she called it outrageous. >> it could go either way. >> the keystone pipeline project officially nixed by president obama yesterday. what comes first? new jobs or politics? we're going to debate it for you. juan williams and andrea

tantaros next. >> and mark wahlberg, marky mark might play a tough guy in the movies but that doesn't make him a tough guy in real life, right? well, the actor now claiming he could have personally stopped the terrorists on 9/11. we hear from a father who lost his son on september the 11th coming up. dad, why are you getting that? is there a prize in there? oh, there's a prize, all right. [ male announcer ] inside every box of cheerios are those great-tting little o's made from carefully selected oats that can help lower cholester. is it a superhero? kinda. ♪ that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition.

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>> as we just told you moments ago, a stunning reversal in the results of the iowa caucuses. remember, we thought that mitt romney won by a couple. well, now, rick santorum actually beating mitt romney by 34 votes. the party in iowa says that it's a split decision that eight precincts will not ever be able to be certified. so where does that leave us right now? let's talk politics with juan

williams and andrea tantaros, both co-hosts of "the five". ok. it doesn't look like mitt romney can say i won because according to the party in iowa, it's a split decision now. >> yeah, well -- >> change anything? >> i don't think that it does unfortunately for rick santorum, he's trailing in the polls in south carolina. there's 48 hours for him to do something and turn it around and he has money issues and steve, these are the same money issues that he had in new hampshire when he was coming off that huge surge. i mean, it's not like the headlines the day after iowa said san tore numb -- santorum in the dumps and romney surging. >> now it looks like he -- the co-winner in iowa, moved on to new hampshire. what did he finish fourth or fifth? >> yeah. here's what he can say now. he can say look, i actually won iowa. right? mitt romney goes on in new hampshire. it's neighboring state to

massachusetts, he owns land there. it's like playing in his home stadium, right? so he got a hometown victory. he hasn't won anything. but it's the media that's been pushing mitt romney down your throat. that and the republican establishment. that's why he has all the money. give me your votes and also don't forget he just got the evangelical endorsement. maybe that's a little bit of a boost. i think, andrea, basically bottom line is right -- you know what? he doesn't have the money to fight in florida and right now, newt gingrich is the one who is surging in south carolina. >> and in florida, half the people have already voted because they have early voting down there. >> yeah. >> let's talk about the white house had the decision on the keystone xl pipeline forced upon them when they agreed to that deal back in december. yesterday, the white house came out, andrea, and said nope, you're not going to be able to build it. is it good or bad for the president? it would have created a whole bunch of jobs. that number up for debate. nonetheless, it would be jobs. >> it's very bad for the president. i think he's doing this early so he doesn't have to deal with it later. even unions supported this deal

which tells me, steve, that the president is saying i know you unions are going to be with me no matter what. look, i think he's absolutely playing politics. and he said something that was so ridiculous to me. he said that the payroll tax cut extension would have created more jobs than this pipeline. that was the white house's excuse yesterday. how can they defend that? how can they credibly say that? this pipeline would have been a huge boom, would have been economic stability and revenue for us. also economic security. this pipeline will likely go to china now. >> come on. >> stop someone. >> you know what? it was an environmental threat. the republican governor of nebraska initially had problems with it. >> you know the pipelines all go across that. >> you know what? the fact is it was a danger because of the type of oil that was going through. but here's the thing, the domestic oil productions up under the obama administration -- >> juan, take a look. those are the pipelines in the united states right now. >> yeah, this was going to cut through something that was drinking water for millions of

people. anyway, you know domestic oil production is up under president obama. that's a fact. people seem to ignore it. guess what? republicans are the ones that impose this arbitrary deadline. he says you know what? you guys, that's what you wanted in order to get the payroll tax cut extension, fine, here we go. >> arbitrary deadline, though, the administration has thought about this for three years. if they can't -- ok, so they had three years and 60 days. they can't do it in that period of time? you know, if that's true, washington is so -- >> you know what, politics is politics. >> politics is all of this, juan. >> politics -- the environmentalists got hurt on the greenhouse gas reversal by the obama administration. they didn't like it. and remember, this is your point, i agree. politics is huge here because they are deep pockets in terms of the president's re-election campaign. >> dick morris says the president may have cut a deal with the unions to come out with this. >> maybe. that arbitrary deadline, 12 months, isn't it convenient that it happens after the election? now, hey, if i go save that one caribou they're worried about, if i go out and get that caribou, would you be ok if we built it then, juan?

>> here we go. if there's an oil spill, i can hear you saying, you know what, there are lots of oil spills. what's the big deal? those who get drinking water from the bottles. >> it's not the water. >> stop. look. this is a difficult situation -- a difficult decision to make and you know what? he had an opportunity politically to please a base that he's antagonized in the past, the environmentalists. he did it. on the jobs thing, i'm glad you said the numbers in question because this claim of 20,000 jobs, nonsense. there's no evidence of 20e,000 jobs. maybe 6,000 jobs and temporary jobs at that. >> i have a feeling that you two aren't going to agree on anything. that's why you're perfect on "the five." >> we're having breakfast. >> who is buying? >> juan. >> i thought you were buying! >> fine, get a receipt! >> all right, thanks very much. we'll be watching later. meanwhile straight ahead, an interview is set to air later tonight with newt gingrich's ex-wife just before the south carolina primary. coming up, a look at what she said in the past about newt. plus bill bratten is here, the former new york city top cop

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>> collaborate or perish? the need for team work to fight home grown terror being recognized across the country. yesterday, the white house made their effort inviting 46 of the nation's top cops to washington for a special meeting. the focus -- how both the federal government and local authorities can defeat extremism together. will it work? has it been working? let's ask the former new york city and los angeles police chief, the best in the business, perhaps, and author of this new book "collaborate or perish." commissioner bill bratten, welcome to our show. >> thanks for having me.

>> first off, talk about the fear or the worry about extremism in this country. less now than 10 1/2 years ago? >> no, i think there's much more awareness of the threat. i think there's much more knowledge about the threat. and i think there's much more collaboration as you said in that phrase between various government agencies and they're trying to extend that now into communities so the communities will work with government agencies to prevent the next terrorist act. >> new york city, like it or not, is the number one target. >> it is. >> you say nationwide, since 9/11, there's been 100 attempts of attacks in this country on this country. >> that's correct. and during the periods of 2010, 2011, that pace began to increase. good news is, though, that they have been prevented and focus is on preventing rather than just reacting to them. >> do you think it's a problem that the administration uses the words extremists and doesn't say islamic extremists when that clearly is the focus and islam is their motivation by those

terrorists? >> i think it's appropriate to call it what it is. if the inspiration is islamic extremism, then that's what it is. the idea of always trying to be politically correct, i can appreciate and understand that but you call it what it is. >> you say collaborate or perish. that's the name of your book. it has a lot to do with the fact that they're collaborating in the hopes that we'll perish. and -- >> good point. >> through social media, too. >> we talk a lot about that myself and my co-authors in the book about how social media, networking is impacting the world today. and that if you don't recognize that, you're going to perish, whether you're marketing to the community. it is all about social media. occupy wall street, arab spring was all about social media. >> you say we have to study what's happening right now so look at what's happening over in egypt. look what's happening in bahrain and know it could be happening in our shores. study why it's taking place and

what their goal is. >> that's correct. the learning experiences from what happened with the arab spring, occupy wall street, the riots in london this past summer, law enforcement is continually trying to learn from that to prevent the next incident, if you will, or event. >> from your discerning view because you've been commissioner in new york and los angeles and around the country, is new york city the best? >> new york is extraordinarily well prepared. commissioner kelly, mayor bloomberg have certainly made it the hallmarks of their administration to keep people in this city and in this country safe. los angeles, i was privileged to work there and working in a similar way to try to keep that city safe and nationally, we are collaborating. the idea of 46 police chiefs in the white house yesterday, national, local, you have to have home grown security, hometown security to keep america safe. >> commissioner, you made a major impact on crime and anti-terror efforts in this kunlt. thanks so much and the book looks great. >> thank you. >> 27 minutes after the hour. gitmo is supposed to be one of the most secure prisons in the

world, right? highway did the uss cole bombing suspect sneak a terror training magazine through these walls? and movie tough guy mark wahlberg is blurring the lines of his roles and reality saying he could have stopped terrorists on 9/11. hear from a father who lost a son on 9/11 up next. [ male announcer ] have you heard? it's bring your happiness to work day. campbell's microwavable soups. in three minutes -- the deliciousness that brings a smile to any monday. campbell's -- it's amazing what soup can do.

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>> we begin this half-hour for you right now, 7:30 on the east coast with a fox news alert. stunning reversal in the results of the iowa caucuses. rick santorum actually beating mitt romney by 34 votes. here are the new totals. 29,805 for romney. 29,839 for santorum. what does this all mean? remember, the original numbers had mitt romney winning by eight that night. but a lot of people were cautious including myself because there were a lot of votes missing quite frankly. >> the good news is that santorum already got his boost by coming from single digits to almost winning and originally that's what we thought it was. he had a lot of money and a lot of credibility. didn't help him much in new hampshire where he didn't have much traction but this will be a boost for him now. he's got something else to say. >> absolutely. so today is the day they were supposed to certify the results and the republican party of iowa officially says it's a split decision. it's a tie for the ages and the

problem -- while santorum apparently has finished 34 votes ahead, there are eight precincts where they simply cannot verify what the vote totals were that day. >> that's problematic. but they have to save face in saying it's a tie. i don't want to -- >> they can't certify them. >> does anyone have a problem with that this morning? i mean, this is the first stage of the election cycle for caucuses, primaries leading up to picking the president of the united states. i don't know. maybe we need to look into the system and how this whole thing operates. >> how about this? the republican party of iowa should be embarrassed and i think iowa should risk having this taken away. this has so much to do with who is going to be who is our next president and next nominee and how many campaigns fell apart after iowa and after new hampshire? >> i don't know if it should be taken away from iowa. i think that's a little too strong. >> that's what you think. >> i think they need to re-examine it. >> going forward, given the fact that this is the closest primary, wasn't really a primary but caucus in american history,

going forward, they'll have other safeguards in place where they don't immediately throw away the ballots but they keep all the precinct totals. good news for rick santorum today. he is, apparently, the co-winner at least in iowa. >> in the meantime, things are going to get a little more juicy. other than that. for newt gingrich tonight. because his ex-wife, his second ex-wife mary anne who he was married to for 18 years, she's gone on the record before talking about her marriage to him in not a pleasant way and now she's apparently going to do more formally with abc news tonight. she sat down with a two-hour interview. they'll air that tonight two days before the south carolina primary. >> she's been on the record before talking about the marriage and we'll go over some of those excerpts in a second. by the way, newt gingrich has just given an interview and says he has nothing negative to say about his ex-wife. here's what his daughter said in support of their dad. this isn't their mom, though. the failure of a marriage is a terrible and emotional experience for everyone involved. anyone who has had that experience understands it's a

personal tragedy filled with regrets and sometimes differing memories of events. i have a feeling they could have written this a long time ago knowing this was coming down the pike. >> a long time ago, she did give. we're talking about mary anne gingrich did give an interview with "vanity fair" and one of the quotations we excerpted, i told him, newt, if i'm not in agreement, fine. i go on the air the next day and i undermine everything. >> she most recently in 2010 said this in another magazine interview. he could have been president. when you try to change history too much, you lose touch with who you really are." it will be interesting to see how this affects the voting, if it does at all in south carolina. do people care about a marriage that was sometime ago. and there's always two sides to a story. and, you know, you're not going to hear anything else from newt. he's not going to say anything else other than to say he has nothing bad to say about her. >> in last half-hour, i talked to somebody who is familiar with the interview who was there at the time and said that she is not bitter in the interview.

says the interview is very balanced and wants to tell the good along with the bad. and as for that excerpt we just talked a little bit about where apparently brian ross asked about that, you know, could end the presidency thing, she says she never said that. so stand by, tonight, you'll see the interview on "nightline." all right. right now, actor mark wahlberg facing backlash today for his controversial comments about september 11th. saying he could have stopped the terrorists from crashing the planes. here's his quote. >> "if i was on that plane with my kids, it wouldn't have went down like it did. there would have been a lot of blood in that first class cabin and then we would be saying ok, we're going to land somewhere safely. don't worry." >> joining us now on the phone, retired fdny deputy chief jim rich who lost his son jimmy jr., also a firefighter on 9/11. good morning to you, jim. >> good morning. >> so when you first saw this interview, i can't imagine what would go through your mind

because it seems to me that maybe he had good intentions originally in what he said but that nobody has the kind of hindsight now that you can 10 years later to know what you would have done in that situation. >> yeah. he's playing monday morning quarterback on 9/11. he's in la-la land. i think he's writing a screenplay or a movie and i think it's very disrespectful to the 2,000 families that were murdered that day on 9/11. especially the ones that were on the plane and the next time before he speaks, he should think because he must have not been thinking. he must have think it's a movie and totally outrageous statements that he made. >> in particular, he was -- he feels as though he was attached to these events not only been an american but he was supposed to be on a flight from boston to los angeles that ended up crashing into the world trade center so that's, i imagine, what a lot of questioning was about but he does not have a history of doing anything anti-american or certainly anti-law enforcement or firefighter. >> no, not at all. and i think he was scheduled to

be on the plane and thank god he wasn't on it. but those other people that were on there, some of them had children and you know, children are probably teenagers right now and here they wake up in the morning and they look at the paper. i mean, we live this every day. we miss our loved ones every day. they're not going to walk back in the door and getting hit over the head with a story like this, i think he was way off line. i don't know, if he thinks he's superman and he's going to beat everybody up. i mean, this is the movies. i mean, he's not that big of a guy. and i think he just opened up some wounds for some families and he did apologize. we accept his apology. i think he just stepped over the line. >> sure. absolutely was a gigantically stupid for him to say. here's an excerpt of his apology. he says "to speculate about such a situation is ridiculous to begin with and to suggest i would have done anything differently than the passengers on that plane was irresponsible and i deeply apologize to the families of the victims that my answer came off as insensitive. it was certainly not my intention." all right. do you buy that or is that just

some spin after he said something really stupid? >> i think he realized he did say something stupid and we did have true american heroes that day on that plane that they tried to get into the cockpit and retake the plane, they are true american heroes but i can tell you, i was 30 years in the fire department and retired from the new york city fire department and when you're put in a life and death situation, you never know what you're going to do until you're in that situation and i think you did the right thing by apologizing and i think a lot of people should thank him for that. this is reality and not a movie. >> movie is number one at the box office and this story was in "men's journal." >> all right. great to get your perspective on this morning. thanks so much, jim. >> thank you very much. have a good morning. >> all right. 20 minutes before the top of the hour on this thursday. coming up, from rags to riches. they found millions of dollars of oil buried in their backyard. they're living in the high life. the biobillionaires are here live. >> bloated budgets causing some schools to close but the teachers who work there, they're

still going to get paid. how is that possible? we'll try and explain that to you next. >> but first, the pfizer trivia question of the day sounds like this -- great guest experience. that makes my day.

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you should know that just one dose of children's advil gives up to eight hours of fever relief. allowing your little one to get back to building a better afternoon. children's advil. relief you can trust. >> got some headlines for you right now. it wasn't a magazine like "people" or even "playboy" found inside a prison cell at gitmo. it was a copy of the jihadist magazine "inspire." military prosecutor who is

trying one of the suspected uss cole bombers revealing that disturbing news. she says the al-qaida propaganda was sent by a letter who represents a gitmo prisoner. isn't anybody checking the mail? and thousands of people in washington state without power after major snow storm dumped more than a foot of the white stuff in parts of that state. this morning, there are new flooding fears with warmer temperatures and rain in the forecast for today right through tomorrow. gretch? >> get this, they no longer teach full time. yet, they continue to collect hefty paychecks and cost the city millions of dollars. it's happening right here in new york city and it's called the absent teacher reserve pool. local teachers who have lost their permanent positions because of budget cuts or school closings remain on the payroll, collect their full salaries with benefits but sit idly by waiting to teach. so what could possibly be behind this? joining me now to discuss it is the founder of education action group and author of

"indoctrination" kyle olson. all right, kyle, we've heard before about these rubber rooms that were happening in new york city where tons of teachers were basically getting paid to sit in rooms because they had committed crimes or they had done other things but still got their full salary. what is this absent teacher reserve? >> well, i called it the rubber room's kissing cousin and so this program costs $100 million a year. joe kleine who used to be the chancellor and is now with newscorp said this program is not necessary. so what happened is through the collective bargaining agreement process, the united federation of teachers wanted to create this program so there wouldn't be layoffs. and so what happens is this pool of teachers sits there and so these teachers collect a full salary but then what happens is they become substitute teachers or they do clerical work or simply do nothing so just to put this in perspective, the new york city public schools spends

$100 per student each year on this program. >> i believe that number went up to about $100 million when you added it all up together. let's take a look at what makes up the reserve that you were just talking about. so some apparently move to the rubber rooms that i alluded to earlier. some receive unsatisfactory ratings and some are victims of school closings and budget cuts. out of those three, we might feel the most sympathy for the la one that i mentioned. maybe some people would understand that. what about the other two categories? >> that's just it. what needs to happen is new york city public schools and any public school district in the country needs to have the flexibility to hire and retain the teachers that are the best, the teach there's are having the most positive impact on students and so this is a good example of where government is just running wild. it's running completely 180 degrees against the way it works in the private sector. and so it's just -- it's wasting $100 million a year. but the worst -- to me, the

worst -- go ahead. >> no, you finish your thought. >> well, i was going to say to me the worst aspect of this is that it used to be that teachers would be in these positions for the school year. but now, what is happening, in order to stop these layoffs is now teachers are in these positions for one week. and so here you have teachers who are bouncing through the system. you have kids sitting in classrooms that are seeing a new face each week and it does nothing to improve student achievement and create that teacher connection bond that's so critical. >> the thing i was going to mention when you say this is big government, i assume that you're also pointing the finger at the unions because it would seem this would be something that would be in the contract as to why it's happening. >> absolutely. i mean, the bottom line is they don't want anyone laid off regardless of what the student population is, if it's declining, if there are more teachers than necessary and those sorts of things. and it's interesting because the private sector did have a

program like this, the big three had the job bank where people would literally sit and do nothing and wait for something to do in the auto companies. and that was one of the reasons it costs millions and millions of dollars a year and that's one of the reasons that the auto companies got into financial trouble. and so now we're seeing this in the public sector as well. >> interesting comparison between the way private corporations would be doing this and the way government run operations are. kyle olson, always great to see you. thanks so much, have a good weekend. >> thank you very much. >> he's supporting governor romney. so what does new jersey governor chris christie make of the reversal now in iowa? rick santorum actually won that state. well, we're going to ask him that question when he joins us on the curvy couch top of the hour. plus imagine discovering a gold mine buried in your own backyard. sounds fantastic! guess what? it happened to those two in the hot tub and now they're living the high life. the bayou billionaires here next. where's your hot tub? first on this day in history in

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>> all right. the answer to the trivia question of the day is frank calliando, our buddy. the winner is victor from texas. he knew. congratuons. >> it's a rags to riches story and a modern day beverly hillbillies whose lives changed forever after the nation's fourth largest natural gas deposit was discovered on their land. >> can you imagine? meet the dowden family from louisiana. th are the stars of cmt's reality show "bayou billnaires." >> in theas eig months, the guys come in herend said

hey, we're going to put a gas well back there on your place. didn't much care for it at the time. but it ended up where goi to me eny an we're goi to spd it! >> we're going to s . >> w joined by geraldnd kitt, thstare of "the you've had a the vernment ls yoe putting some natural gas wells in your backyard. is is 02. what was your reaction? >> atfirs i didn't want it, you know, because like the cli says, e theythey use a lot of our property. but afthtefact, it turne ou be ok. >> yeah. i guess so. it turned oo be real good. >> you know, our py is part of a unit which is a that's how they workit.s and >> how much gas is under your la?nd >> therno ing. we don't kn they've got dit levels. we have thelston level and

they say there's another level above the shl and t bigger onbelow it. >> your property could light up erica for the next 20 year t icould.in fact,uld power all our autobiles. >> well, th'sat amazg. can you tell aboutow h your lifestyle has changed? now you've become billionaires. ing that you weren't necessarily seeking although you d 80 acres. fun, i'll tell you that. it takes the pressure off you. you can do things and you can spend the money and you can go and you can travel and you can buy ings. >> you got a better r.v., we know that. you got a swimming pool. you t that in. >> yeah, we have three new automobilesment he bght convertible. u know, for no reason but the best part is you don't have to worry about the money. you know, you just buy and you don't have to worry about financing. you don't have to worry about what you're going to do the next day. it just takes the pressure mabox? >> every month. every month. >> are you standing out by the mailbox? >> yeah. >> i w how manyre coming

this month >> we call it mailbox money. >> by thy, i'm on line to see if welated. >> that's a good question. >> thank you. and i'm going to use that, steve. >> good. >> what d youthink,gerald, about the number of people on your voicemail now? because hey, can you lend me $10,000, $20,000? can you buy me a car? >> it's just started happening this week. ok? and it's really -- i'm this. i like it. -t- >>ow many calls from strangers d how many calls from relatives? >> we the relatives -- >> n too bad yet. >> relatives not too bad. but strangers texting it to us and on e-mail and everything, it's a lot! >> so this is all caught in a reality show. you said i'm going to be rich and america is going to know about it. as you make the transition -- >> no, we haven't made the

transition. >> you have not. >> it's all new to us. >> the reality show, the biggest victory of our lives. absolutely. >> brian mentioned the beverly hillbillies in the beginning. in that show, first thing they did is they moved away. they moved to beverly hills. you guys are going to stay. >> absolutely. we are staying where we're at. >> the clampetts never should have moved. they never fit in. you learned from them and you're going to stay where you are. >> yeah. we got exactly what we want. she wanted all her life. we got all our kids right there close, all the grandkids right there close. what could you ask for? >> and all that gas. >> that makes a lot better. >> that comes afterwards. >> thank you very much. check it out on bayou billionaires on cmt. >> ok. >> congratulations. >> thank you very much. >> and if you want to twitter us directly about the interview we just had at sdoocy or at kilmeade. we're following a fox news alert now that rick santorum stealing the lead in iowa from under mitt romney? the late breaking details. >> plus new jersey governor chris christie is stumping for

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centrum. nutrition possible. >> gretchen: good morning, everyone. it is thursday, january 19, 2012. i hope you have a fantastic day. i'm gretchen carlson. we begin with breaking news because it's a tie for the ages. rick santorum steals the lead now from mitt romney after a new vote recount in iowa. what this stunning reversal means for the race. >> steve: plus, new jersey governor chris christie is here. he's sitting one foot away from me. he is supporting mitt romney. what does he think about the stunning swap in iowa? hear it prosecute the governor in moments. >> brian: the developments keep coming out on the crash cruise ship. word a mystery blond woman may have been on board illegally with captain coward. "fox & friends" starts right

now. >> gretchen: now morin that fox news alert. a tie for the ages. a stunning change in the results for the iowa caucuses. rick santorum ahead of mitt romney by 34 votes. here are the new totals in case you're breaking out the pen and paper today. 29,805 for romney. 29,839 for santorum. but eight precincts will never report, so those aren't really the official numbers. not quite sure. >> steve: it's a tie. chris christie, who is working with the romney campaign joins us live. what does this change? >> nothing. >> steve: okay, thank you very much. >> i mean, absolutely nothing. we'll never know who exactly won that race, especially with eight precincts not ever reporting. why that is, they eat the ballots? i don't know what happened. the fact is, governor romney got the momentum coming out of iowa as the winner.

capitalized by winning new hampshire by a comfortable margin and i think he'll do very well on saturday in south carolina. so i don't think it really matters and that will be for the historic books to who actually won. in the end, they'll be writing about it in the context did president romney win iowa the first time? i don't think anybody will care. >> brian: i think it's an embarrassment to the republican party of iowa. come on! you can't count the ballots? it's so bad that they're giving up in eight precincts? >> i don't understand it. i have to tell you the truth. people expect when they go, especially to a caucus site, that your vote will be counted. i think that's disappointing. but listen, at the educational d of the day, i don't think it matters. but we knew that night, even with the eight-vote margin. >> it virtually a tie and i was happy -- i teased governor romney, called him after winning by eight votes. he had great sense of humor about it. he's on to south carolina to try to make sure that he does the best he can there. >> gretchen: i hope he has sense of humor about some of the other

things that you have said because it's caught the attention of the media and regular old americans as well, too, that you have come out and said some things that may be don't completely align with mitt romney. like you said you wish he had a more charismatic personality. yesterday you said that yeah, he should probably release his tax returns right now even though he's not going to release them 'til april 15. do you get calls from the romney campaign after you say those things? >> i don't, because i think they understand i'm going to say what i really think. i say that to him privately and publicly. what i said about his personality was that -- that was on oprah, she said what's his biggest weakness? and i said at times he can't convey the passion he feels. i don't think that's a news flash to anybody. i think he understands that himself that at times that's been a criticism but in the end, i also said he's the most prepared, most qualified man on the stage to be president of the

united states. on the tax return issue, i was telling folks what my practice has been. i reloosed my tax returns before i ran for governor for a number of years, before i actually announced my candidacy and released them every year to the press on the day that i filed them. >> steve: speaking of oprah winfrey, we saw that apparently you start your day with "fox & friends." it was right on there. thank you. >> do the best we can. >> brian: you're a smart man. >> steve: speaking of income tax, he said a couple of days ago, yeah, i'm probably paying 15%. doesn't that kind of feed into the whole, look, he's a rich guy and he's skating around the rules? >> he's not skating around the rules. he's following the rules. >> steve: he is. but the secretary is paying 30%. >> that's because we tax income at a higher rate than investment income. the fact of the matter is, everybody knows that mitt romney hasn't had an income-producing job for the last number of years. he's been campaigning for president of the united states. so we know that he's been

supporting himself off of the investment income that he gets from his wealth. also no shock that mitt romney has great personal wealth. he financed a large part of his campaign four years ago himself. so nobody should be surprised about that. in the end, i don't think it will be a big issue. that's why i'm an advocate for releasing tax returns and you get it out there and can talk about creating jobs. the president failed three years. our image around the world deteriorated. that's what we need to talk about. >> brian: you know politic as well as anybody. you notify what you would do and you also know what the right move would be. he's rich, mate $250 million. most people can't relate to that, but they respect it. the fact that the money is in the cayman islands and he hasn't come out and defended himself and his success. why isn't he more proud of success? his dad had more money, but didn't have $250 million in ten years. >> listen, i think he's talked about how what he would like for the american people is everybody

to have the opportunities that he's had to be able to become wealthy. i don't think he's been quiet about his pride in how much money he's made and how successful he's been over time. i think his campaign is based on the fact that he had success in the private sector and we need somebody who understands that private sector creates jobs. i think he's been proud of that and in the end, he's not a braggart either. i think one of the things to know about him is he's a humble guy. so i think there is a difference between kind of puffing your chest out on stuff like that and just saying listen, i'd like everybody to have the opportunity that i've had as an american. i think that's what he's really saying. >> gretchen: that's an interesting analysis. by the way, the romney campaign has denied the cayman island report. >> brian: the money is there, but they say they're paying the same rate in the cayman as in america. >> gretchen: here is my question, does the romney campaign come to you and say, help us strategize to win this election? >> i have conversations with governor romney, not with the campaign, but with governor

romney on a regular basis about the campaign. those conversations are between me and governor romney in terms of what we talk about. but we have a very good personal relationship and we speak frequently. >> gretchen: do you agree with the negative ads that he has put out? is that something that you would agree with in the way in which you would run a campaign? >> as long as they're fair, it's part of every campaign. it's part of every campaign that you not only talk about yourself, but you have to distinguish yourself from your opponents. i thought the things that speaker gingrich did was awful because what he's saying about bain capital isn't true. he's trying to characterize it in a way and attack the capitalist system in a way that's wrong. but in the end, let's see -- what did he say about speaker gingrich in iowa? he got run out by his own party. that's true. he got fined $300,000 for ethics violations. that's true. he got paid a million six from freddie mac as a lobbyist. that's true. so i mean, the speaker may not like it, but the fact of the matter is, every one of those

facts is true. that's the difference. >> steve: one other thing is the speaker had a really good debate a couple of days ago. there is another debate tonight. if mitt romney were watching right now what, would your advice be to him? >> my advice to give to mitt romney on the phone with me and mitt romney. all -- >> steve: no, listen, we won't listen in. >> i will tell you, i think governor romney will do a good job tonight. i think he's won the overall majority of these debates. i think the speaker had a good debate the other night. no denying he did a good job. the fact is governor romney has won i'd say 90% of these debates over the course of time. it's a lot of debates to have won. >> brian: one of the reasons you're so vital on the campaign trail is you're so successful in new jersey. we're talking about a new jersey comeback now. where are we at in terms of adding jobs and getting your fiscal house in order? >> we've added over 60,000 new private sector jobs since i've been governor.

remember, the year before i became governor we lost 117,000 jobs in that year. so 60,000 new private sector jobs. unemployment down is a point since i've been governor. and now we're in a position, after making some of the really tough decisions we've made fiscally, to be able to cut taxes. that's a proposal i made in my state of the state address on tuesday and i think everybody in new jersey, i mean everybody, should get a 10% tax cut phased in over the next few years. >> steve: thank you. as somebody who lives in new jersey, thank you very much. we have a snippet of your statement. here it is. >> while washington politicians in both parties fiddle. america's position of strength and leadership around the world deteriorates while our leaders bicker and blame. over the last two years, new jersey did the exact opposite. we achieved results because we did it together.

>> gretchen: this is one of the main reasons why all the republican candidates wanted your endorsement and you came out relatively early and gave it to mitt romney. let me ask you this, though, when you stand up on the stage with him, we've had analysts who say, that reminds the american public that maybe they really want chris christie to have been running for president and not necessarily mitt romney. will you add value to his ticket as the vice president nominee? >> first of all, i don't think i'm going to be asked. >> gretchen: why? >> i just don't think i have the personality. >> steve: you can't work for somebody? >> i don't think i have the personality to be vice president. i think certain people are good at being number two and certain people are better at being number one. and i love being governor of new jersey and i think it's a great job and i get to say examine do exactly what i want and i'm my own boss. i think it would be very difficult to operate under that circumstance of being number two. by saying that, it's also an extraordinarily important job. and so my view is, i don't expect to be asked. if i am asked, i will certainly

sit and talk to governor romney about it and listen. but if you're a betting guy, and i know he is, i would bet on me being governor of new jersey. >> steve: off track betting, though. >> brian: thanks very much. finally, now you're seeing the presidential campaign up close and personal. you knew kind of what was going on of the now that you've seen it, does this make you more or less likely to get into it in future? >> i've gone near it. but what i say to people is it's great to campaign when your name is not on the ballot. the pressure is really low. it just is. so i don't think i have an idea of what it's like to run for president any more now than i did beforement when you're helping somebody, you go in, you help them, you leave. he's still left back in south carolina grinding away every day. so you know what? here is what i think, i think he's going to be a really good president and elected in november and our country will be better off for it. >> brian: that's the new york

giants, by the way. >> they train in new jersey. eli lives in new jersey. the only thing new york about them is that ny on their helmet when they win the super bowl, they'll have their party -- >> brian: you are a better debater than newt gingrich! >> gretchen: coming up, do you owe more money on your home than that home is actually worth? banks offering a onion believable way out. real estate guru bob massi will explain. >> steve: solyndra collapsed, taking half a billion dollars of our tax dollars with it. now there is a new pitch to keep it open. terrific. right back 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.

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of italy. brand-new reports this woman, pictured here, may have been cavorting with the captain of the ship just before the ship ran aground off the coast of italy. 25-year-old woman is believed to have been on the ship illegally. she was reportedly seen dining with the captain before heading out with him on to the bridge. we're also just learning officials have identified two more people whose bodies were pulled from the ship. they are from france. another victim was identified this morning. 38-year-old man was a violinist from hungary working on the ship when it ran aground. eight other bodies also pulled from the ship have not yet been identified. right now emergency crews are working to siphon half a million gallons of fuel off the ship and searching for 21 passengers who

remain missing. among them, jerry and barbara hile from minnesota. gretch, brian? >> gretchen: moving on to this topic, the real estate crisis has struck millions, many americans' homes are under water and in many cases people's mortgages cost more than the homes are worth. >> brian: what can a struggling homeowner do to ease the situation in joining us as he does every week, bob massi. what can you do? >> well, first of all, one of the things i want to talk to our viewers with is what's happening in the short sale industry and basically we have a situation where there is more short sales than ever before now happening in this country, brian. the reason is, learning curve for the lenders, cost of foreclosure, cost of maintenance, cost of taxes, property taxes, cost of insurance to maintain, cost of maintenance, robo signing scandal we talked about last year, all the illegal foreclosures that took place,

the trend now is short sales are really the up and coming thing for homeowners in america. that's something that i want our viewers to know that if they are under water, short sales are something that lenders are looking more to today. >> gretchen: is it true that some lenders are actually giving cash incentives for homeowners then to do those short sales? >> they are. as a matter of fact, gretchen, i could represent to our viewer, i personally have seen some lenders pay up to $30,000 for a homeowner to do a short sale. here is why. lenders are concerned about what's happening to their collateral. we've reported before how people have destroyed the homes 'cause they're so frustrated. they poured cement down toilets. they pulled the window frames out. unbelievable things. so believably what some lenders are doing is they're saying, we're going to pay you an incentive to maintain our property, to pay for the taxes while we're negotiating the short sale, to pay for

insurance. they pay some lend -- some pay $2,500. some pay 7500. some pay 10,000. many are paying these incentives more now than ever before for those reasons. >> brian: by the way, how do you know if you are one of the people that are eligible for those incentives and the short sale is something that your bank wants? 'cause i imagine not every bank wants this. >> well, here is the thing, brian, you have to talk to your realtor who you have listed your short sale to see if their lender are offering a incentives. it's very -- whatever lender wants to do and which ever homeowner they want to choose, they're doing it. it's not like bank of america saying in has say g we're going to offer this insin teffs to all of these -- incentives to all these homeowners. we're not sure -- florida had a big time up to december where they were doing it. but it's important to ask your

realtor, am i part of this program? are they offering a incentives for me to sell my home on a short sale? >> gretchen: very interesting stuff, bob. i know you helped a lot of people and you can continue to e-mail bob massi your questions at www.foxandfriends.com. have a great weekend. see you soon. >> thanks. take care. >> brian: coming up straight ahead, we change gears. how does a suspected terrorist sneak a jihaddist training guide past the guards at gitmo? you're about to find out. >> gretchen: looks like nancy pelosi wants her job back. her plan to take back the house and potentially her old gig as house speaker one chance to hunt down the right insurance

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>> gretchen: your news by the numbers now. first $950 million, that's how much kodak is borrowing to stay afloat while it goes through bankruptcy. it's going belly up after 132 years in business. next, 7 1/2 million dollars, that's how much david ruben stein is donating to repair cracks in the washington monument damaged in last summer's earthquake. thank you. finally, 10.8 years. that's the average length of time americans keep their cars now. it's about four years longer than just 15 years ago. steve? >> steve: thanks very much. nancy pelosi is feeling confidence about the democrat chances to take back the house come november. on tuesday she said democrats are aim to go capture 35 seats currently held by republicans. they only need 25 in order to claim the majority. how do they plan to do that? let's talk to new york congressman steve israel. he is the chairman of the democratic congressional

campaign committee. he joins us here. good morning. >> great to be with you. >> steve: you've got a campaign called red to blue. we've got the map. how do you plan to turn all those red states blue? >> we need 25 seats to win the house back. to do that, we have a plan to put 75 seats in play and we do have 75 seats in play all over the country. yesterday we announced our top tier of democratic candidates. there were 36 of them. these are problem solvers. these are not ideal how longs. they want to come to congress to solve problems. in california, jose hernandez a nasa astronaut. who could be more of a problem solver than someone who has to figure out all systems go? orlando, florida, val demings, the first african-american woman police chief. indiana, brendan mullen, iraq war veteran. they reflect our tier of candidates. >> steve: what is your message? is it we've just got better guys

or look, people who had these jobs currently have done a lousy job? >> we have both. first of all, we're going to hold republicans accountable in the house of representatives for being part of the congress of chronic chaos. these are people who came to washington promising to solve problems. >> steve: chronic chaos? >> the democrats control one house of congress. >> i'm a democratic campaign committee chairman and we need to take the house back. the senate has looked for a negotiating partner, but unfortunately, the house republicans have refused to negotiate with the president or the senate, even with themselves. so we're going to hold them accountable for those choices. but you can not simply sit back and point fingers at the other people. you've got to come up with your own solutions to strengthen medicare, reignite the american dream and that's why i love these red to blue candidates. they're problem solvers. >> steve: congressman, one of the problems is there are so many independents in this country who feel that they look to congress and you're part of congress, they say, we're on the wrong track. we don't like what's going on

there right now. there is an item in the "new york times" that the number one item today, obama is faulted by swing voters. that's not going to help you. >> actually there was also a poll in the same newspaper yesterday that independent voters are holding republicans in congress accountable for the gridlock. independent voters are very, very smart. it's why they're independent. they wait to reach judgments. and they're smart enough to know that if the republicans are controlling the house of representatives when things go wrong in the house of representatives, you got to hold a management accountable. they're holding that management accountable. >> steve: so you say you need 25 seats? >> correct. >> steve: i don't know if you saw karl rove was on our program talk being prediction for the coming year. he says that in the 2012 election, the republicans are going to hold the house. he says in the ten presidential reelections since 1936, the party in control of the white house added house seats in seven contests, lost them in three. you know this. the average gain has been 12 seats. largest pick up was 24 in 1944. but president obama is no

franklin roosevelt. despite what he said in his recent 60 minutes interview. so historically, and mathematically, the odds probably aren't on your side. >> look, i've never pretended to be the smartest member of congress, although if you listen to some miff colleagues, the competition is not that stiff. but i love history and i'll tell you what, in this deal, history is almost irrelevant. this is a unique cycle. this is a unique congress. no congress before has had a majority that was willing to terminate medicare. so we're going to hold republicans accountable for -- >> steve: republicans are willing to do that? democrats voted half a trillion dollars of medicare out of the president's health care reform bill. so you're a little disingenuous. they cut half a trillion dollars. >> no. actually we increased medicare solvency by the nonpartisan. >> steve: that's one way to look at it. what the ryan budget did, according to the cbos it ends the guaranteed medicare benefit, creates a voucher system for seniors that would cost them

$6,000. big difference between the two. >> steve: you got a lot to talk about coming up before november. thanks. >> great to see you. >> steve: steve israel from new york state. all right. we're going to take a quick time out. when we come back, apple about to make another big announcement. clayton morris is standing by live with a preview. plus, breaking news from the labor department. brand-new jobless numbers coming out in moments. eric bolling, get off the couch, you're next with the white board! getting grime from deep inside grout takes the right tools, but also a caring touch. you learn to get a feel for the trouble spots. to know its wants... its needs...its dreams. ♪call 1-800-steemer.

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>> gretchen: labor department releasing the latest jobless numbers. they were estimating 385,000 claims. so it is lower than expected. time to bring in eric bolling from "the five" and from the "fox business" network to analyze. i feel like i'm sort of just going ping-ponging back and forth with these jobless numbers. they're up a little, they're down a little. >> it's a dad number. 350 to almost below 350. >> steve: that's your magic number. >> yeah. ma'amic number, 350. you are start pushing we low 350, maybe start creating some jobs. real jobs in the economy. not a 10,000 or 20,000. we really need to be creating

150, 200,000 jobs. >> gretchen: what happened if they were expecting 385 and it was lower? >> we had been on that down trend for many, many months. above 400,000. started to work its way down the last couple of weeks and bumped up last week and then maybe this is just a little bit of a make-up. maybe people went in last week, didn't go in this week. remember, the first time unemployment claims means first time they walk into the office. any way you slice it, a pretty good number. >> brian: let's talk about an outrage. outrage the white house says we are not going to build the pipeline and they're essentially offended that they're being forced to make a decision. forced to make a decision that's been analyzed for three years. >> yeah. it has nothing to do with they don't have enough time. i want to get to a full screen map. let me do the white board real quick. pipeline versus obama, anyone you talk to, whether it's the pipeline, you talk to governors in the states, it's going to go

through, at least 20,000 jobs. >> gretchen: not according to the state department. >> democrats. the state department. you remember when they tell you entitlements, unemployment benefits create 1.83 for every dollar they put out? really? here are real jobs. shovel ready jobs. they have a 1700-mile pipeline that they need to put up. this is going to create jobs. 20,000 -- it's probably close it 100,000. >> steve: look at the number of barrels of oil. >> meanwhile, obama under his watch lost 1.7 million jobs, according to their own department. gasoline, look at the number. 1.83 when he started. 3.40 something now. this one right here. tens of billions of dollars in revenues to the states that this pipeline goes through. tens of billions! that's huge. obama is worried about a sage brush lizard. >> gretchen: politically, he already said no to this pipeline

project last year. i mean, he said he wasn't going to do it and then the only reason that it came back to life was because republicans put it in the payroll tax cut bill saying he had to make a decision. >> this is a political chess piece. if you have any question about the xl pipeline, take a look at how many pipelines are in america. if you zoom -- the reason why it -- those are lines. they're not dots of areas. that's lines. there are so many of them in america running from canada down into america, down into west texas. houston refining area, there are so many that look like red areas. they're pipelines. >> brian: it's amazing that canada is doing what we used to do. we used to be looking for innovative things to do with industry and the government going out of their way to make sure this happens. now it's totally opposite and their government is mad at us! >> we're mailing around with this canadian oil. the reason why we need canadian oil is santa claus we don't drill here -- 'cause we don't

drill here. we need to bring canadian oil. >> steve: it sounds like soon it will be canadian oil via china. >> well, it's not so much -- china is drilling here, the french are drilling here, brazilians are drilling here. we might as well. >> brian: we'll see you on "the five." >> steve: thank you. >> brian: straight ahead, let me tell you what's happening in the headlines. it wasn't a magazine like people found inside a prison cell in gitmo. it was a copy of the jihaddist magazine, "inspire ." military prosecutor is trying one of the suspected uss cole bombers, revealing that disturbing news. she says the al-qaeda propaganda was sent by a lawyer who represent has gitmo prisoner. the prosecutor is now calling for stricter rules to prevent reading material like this and any of that stuff getting into the prison. >> steve: thousands of people in washington state, yep, extreme weather center. without power up there after a major snow storm dumped more than a foot of the white stuff in some parts of the state. and this morning, there are new

flooding fears thanks to warmer temperatures that will melt the snow that just fell. plus, rain in the forecast for today and tomorrow. gretch? >> gretchen: want to buy a failed solar panel company. solyndra, despite getting a $535 million loan was supposed to go up for auction today. it was hoping to stay in business with a new owner. but there were no takers. this is the second time the auction was called off. solyndra will sell its assets on february 22. >> brian: you heard about the artist rodan. this is the artist rodent. take a look. >> you know how to use a brush on your own? mama don't have to hold it for you anymore? you big girl. yes, you are. >> brian: meet a squirrel getting national attention for her painting skills. the woman whose voice you heard in the video is a full-time artist who rescued the squirrel

from a hungry cat outside her home in louisiana. the cat could not be reached for comment. she says the squirrel has been painting ever since. the squirrel is a star on youtube and facebook. some of them even sold on ebay. if you are a vice president of any type -- varmint of any type and you have a painting, we will show it. >> steve: rodan did the thinker. >> gretchen: we're waiting a huge announcement from apple. folks are speculating it will forever change how students use textbooks. joining us live from the guggenheim museum in new york city, clayton morris. it's going to come at 10:00 a.m. eastern time. what do you think it is? >> well, i think it's going to be apple in education and a big announcement, we never know until we know from apple, they're very secretive. as i was watching this morning, 18 degrees out here, all these kids bundled up on their way to school, they have no idea what's about to happen in this building

could change the future of education for a lot of them. we're talking textbooks. lot of publishers reportedly going to be on hand this morning as apple may up end the textbook industry with interesting moves that may make these textbooks more digital, more interactive. you remember -- does this ring a bell? do you remember these things from the '80s? this is from the '80s or '70s. eight track tapes. think of what apple did to the recording industry. they said, hey, you guys are losing boat loads of money because people are pirating these things. they're putting them up. they want one track. they said, we're going to create itunes. ninety-nine cents, people buy these digitally from now on. this is what could happen now in the textbook industry. working with publishers to bring some new dynamic for kids. >> steve: sure. absolutely. they would love to see an ipad -- >> brian: empty back packs. >> steve: in everybody's desk top. what about steve jobs? before he died, do you imagine he was somehow involved in this? >> yeah. my sources at apple tell me he

was intimately involved. signing off on other features. if you look at the biography which was the biggest book of last year, he talked with walter about this very textbook issue. here is a quote. he said, the process by which states certify text books corrupt. he says. but if we can make textbooks free and they come with the ipad and they don't have to be certified, the crappy economy at the state level will last for a decade and we can give them the opportunity to circumvent the whole process. he talked about kids lugging these heavy books in their backpacks, weighing ten pounds, not having a locker. steve really wanted to make wave noose space and i think you'll see that today. >> gretchen: fascinating as we watch the world in front of our kids' eyes change by the moment. clayton, thanks so much. >> thanks. >> brian: we'll watch clayton over the weekend. next what, rick santorum newly discovered -- newly discovered lead in iowa really means. it looks like he won there. former campaign iowa for hike huckabee who won in iowa in 2008

will be here live. >> gretchen: ron paul says we should consider the foreign rule when it comes to the -- golden rule when it comes to foreign policy. is he right? john stossel coming up what's going on? we ordered a gift oine and we really need to do something with it... i'm just not sure what... what is it? oh just return it. returning gifts is easier than ever with priority mail flat rate boxes from the postal service. if it fits, it ships anywhere in the country for a low flat rate. plus i can pick it up for free. perfect because we have to get that outta this house. c'mon, it's not that... gahh, oh yeah that's gotta go... priority mail flat rate shipping starts at just $4.95. only from the postal service. a simpler way to ship and return.

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much for rick santorum, unfortunately. mitt romney has kind of already sucked up all the gravy on the iowa win and we're now past new hampshire and into south carolina on saturday. so this ultimately is great that rick santorum can say he won iowa, if that's what they eventually certify. but the momentum, the boost passed and now we're a few days from south carolina and it's not going to mean much. >> gretchen: is that is that why you say it's huge, 'cause there is no way to get that back? >> yeah. you can't go back in time and take this momentum. look, everybody knew a win for rick santorum in iowa was much bigger deal than a win for mitt romney 'cause everybody felt like mitt romney was going to win new hampshire and then go down to south carolina for a rubber match. but what happens in our party is typically the person that wins two out of the first three is our nominee. so all of a sudden, after mitt romney wins iowa, then he wins new hampshire, then all of a sudden everybody talks about he's the guy. it's inevitable. he's running the table. even if he doesn't win south carolina, he'll go down to

florida. you start to see this coalescing around mitt romney. not just in new hampshire and south carolina, but all over the country. >> gretchen: rick santorum technically had won iowa, and we don't know if they'll officially declare that. but then you would have had santorum, romney a question mark for south carolina. it sort of changes the whole way in which you perceive it, whether or not it actually matters wholeheartedly. chris christie, the governor from new jersey who has endorsed mitt romney was on our couch earlier this morningness and he said it doesn't mean -- it means nothing. here is the romney statement about the numbers. the results from the iowa caucus night revealed a virtual tie. i would like to thank the iowa republican party for their careful attention to the caucus process and rerecognize rick santorum for his strong performance in the state. we've already been over how that tie was perceived. let me ask you this about iowa: i mean, are you upset that eight of these precincts are not going to ever officially report their numbers? what does this say about the way in which we do business in iowa? >> it's not perfect. obviously you'd like to have a count that you can depend on.

i know a lot of the folks in the iowa republican party, they usually do a great job and they depend a lot on volunteers. this is not a professional paid operation like a lot of states have. this is a volunteer-driven situation. >> gretchen: but it changes the whole scene about the way in which we pick a presidential nominee, for gosh sake! >> gretchen, no question. this is a big deal on the process of iowa. i'm sure the folks in iowa, especially the governor of the state, will make sure this is fixed and doesn't happen again. it is a big deal. it is a real -- if you're the santorum campaign, it is a huge teal because they had a chance to be the guy, if you will, after a win in iowa and ride that momentum and now we'll never know. so i think mitt romney's statement was probably exactly right, the right tone. but bottom line is, it's two days 'til south carolina and this doesn't matter much right now and the pretty -- in the political and you know perception is reality in our business. >> gretchen: exactly. it's a fascinating topic to

discuss and it's happening and breaking this morning. chip, thanks so much for your time. >> thank you. >> gretchen: another candidate, ron paul, waging a war against war. >> needless and unnecessary wars are a great detriment. they undermine our prosperity and our liberty. >> gretchen: is he right? john stossel is on that case. first let's check in with bill hemmer for what's on at the top of the hour. you never know what's going to happen when we wake up in the morning. now we're talking about iowa again. >> yes, we are. breaking news on this. in a matter of moments, that state will certify its vote from weeks ago. did santorum leap frog romney? does it even matter before south carolina? steven hayes is here live. he says it does. we'll talk to him about that. there is also plenty of reaction to the keystone pipeline decision. both sides claiming victory. how is that possible? more on the breaking news on the jobs front. we've got it all for you. martha and i will see new ten minutes on "america's newsroom".

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>> brian: the government is supposed to keep us safe. are we doing too much when it comes to national defense? president candidate ron paul believes so. >> if a country does to us what we do others, we're not going to like it very much. so i would say that maybe we ought to consider a golden rule in foreign policy. don't do to other nations what we don't want to happen to us. >> brian: so should we back off, not hit afghanistan just because they took down our towers? shouldn't worry about iraq? joining us now with his point of view, the man from stossel, the "fox business" network's john stossel. welcome back. >> thank you. and i think that mischaracterizes what he says because he says we should have attacked afghanistan after they attacked us. and if iran shoots down our

plane, we should attack them. but he's saying if they don't, we should shrink the mission and the golden rule stuff is that how would you feel if there were chinese troops patrolling around outside our studio? you'd be ticked off. >> brian: was that the analogy to iraq? >> do unto others. >> brian: right. but we do not do that in areas in which we are not threatened or our allies are not threatened. don't you agree? >> we have 60,000 soldiers in germany. we have 30,000 in japan. 30,000 in south korea. we can't afford that and we're not threatened there. >> brian: that's a great point. i think these other nations should, south korea and germany should be considering to our presence there because they're not putting money into their own defense. >> why should they when we'll do it for them? >> brian: that would be great to change and donald trump brought that up and ron paul's contribution is solid. we create our own enemies, to make our defense less strong. how do we create our own enemies? >> because when we have troops in their country, some -- that helps recruit terrorists and osama bin laden did say one

reason he brought about 9-11 was because of our troops in saudi arabia. i don't think ron paul is saying it's the reason. these are fanatics who want to murder us. but one reason, they can recruit is our presence. >> brian: you remember the last time we had this philosophy was before world war ii and world war 1. we said world, you're screwed up, we don't want any part of it and we got sucked into the war. >> because it was right to fight hitler, who was taking over the world, doesn't mean it's right to fight all these other wars. we fought vietnam for years. now we trade with vietnam. that's better. >> brian: stop spying? >> that's a tougher one for me. if we're going to be at war with these people, the c.i.a. has a horrible record! they didn't protect -- >> brian: they do a lot of great work we don't know about. >> maybe. it's all secret. so we have to take their word for it. they didn't predict the fall of the soviet union, 9-11, arab

spring, on and on. >> brian: the success of your show and your career is not a secret. we all know it. watches to the tonight. correct? >> tonight. 10:00 o'clock. >> we're going to do that and you're taking attendance, so everyone show up. thanks. we'll be back to wrap up the whole show and say something profound when we return. .. can you enjoy vegetables with sauce and still reach your weight loss goals? you can with green giant frozen vegetables. over twenty delicious varieties ha sixty calories oless per serving and are now weight watchers-endorsed. try green giant frozen vegetables with sauce. that's good morning, veggie style.

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