cfp. let's make plan. >> steve: who needs to do the dougie when you can do the doocy? look at that. i'm getting wound up. >> juliet: what is that? that's a weird looking dance. >> eric: steve does the dougie in the after the show show. >> juliet: it's freaking me out. see you tomorrow. >> good morning, everybody. could prices at pump put the brakes own the economy. could that pose a threat to economic recovery. we do not need that, do we. good morning, i'm bill hemmer. welcome to "america's newsroom.". martha: i'm so glad to have you back. glad you had a little break. good to see you this morning. that makes me martha maccallum. the big subject, americans will look for cheap gas but they may be in for a very loaning drive. that will be tough to find out there. national average. $3.52. it is up 40 cents in a year.

we'll show you why that is unique this time period. people are feeling the pinch. bill: new warning. the spike could trickle down from the gas station to your wallet. we see this time and again. stuart varney, fox business network. good morning to you. is this the long march higher? >> finally economics community is starting to take note on this you're right. this is the long march higher. $4 a gallon regular is on the horizon. very close to that in some states at the moment. $5 a gallon premium. that is also on the horizon. some people are looking very squarely in the face at a $100 fill-up. >> why do you say finally? >> i think the economics community largely ignored this last couple days until we ignored $3.50. the national media laid off the whole story. gregg: is this a seasonal rise or is there more to

>> only to some degree is this sees noneable rise. crude oil is driving this. it will be driven higher by seasonal demand when we drive more in the spring and summertime. bill: people like you look at wide-ranging effect on the economy. explain that. >> okay. with gas close to $4 a gallon can ben bernanke keep on printing money with such an obvious sign of inflation? can we have the same level of economic growth when all the money is sucked out of consumer wallets put to the gas companies and gas stations and oil companies? what happens to inflation? when you combine higher pump prices and higher medical costs that is a fact with higher food prices you have an inflation problem. bill: this is the kind of thing that could slow down an economic rebound? >> i'll give you the headline in the "wall street journal" this morning. oil rise imperils budding recovery. yes, it could slow the recovery. bill: see you 9:20 on the fox business network. stuart varney in new york.

martha? martha: you guys summed up the issue. let's look on this chart to give you a sense where we are. this a 2008 in the blue line. we're in february. prices at 3.03. you see how they take seasonal climb up into this area into july which is the peak at $4.06 back in 2008. look where we are already right now if we put on the red line here. we have $3.38 in january. we're up at 3.48 in february, okay? that is the zone we're usually in as we head into the spring. we'll likely see a much higher red line. that is what gets you to the potential for $5 a gallon gas as we head toward the summer period. this is a tough situation. you've got that money sucked away from other things people might want to spend their money on. that is why we get the potential for a cooling down in this nice economic mood we've been seeing bill. bill: want to show how it is hitting american families. last year the average family spent $4155 on gasoline.

that is up over $800 from the previous year. when you look at 2011, a family spent 6.9% of their median family income on gasoline. you need it to get through the day. martha: so, let's get you this fox news alert. we've got current news on the state of the u.s. job market today as well. here come weekly unemployment claims for this week. they fell by 13,000. this is a good number that we got in this morning's jobless number for those folks walking in and applying for the first time unemployment claims. seasonally adjusted 348,000. it was better than economists were looking for. this is the fourth drop in five weeks. they have a nice trend line building. best showing we've seen in this number since before president obama took office. so that one is going to make folks very happy in the white house this morning. when applications consistently drop below 375,000 and we've seen that over the past several weeks it signals that higher something strong enough to

lower down the unemployment rate but there is some concern because more than 7.5 million people also got some kind of state or federal benefit at the end of january and that number, just in terms how many people are tapping into those coffers, those federal coffers is creeping up a little bit. that continues to be a big concern. bill: news from america's big three automakers, one of them general note -- motors. gn raking in $7.2 billion. that is up 62% from 2010. meanwhile the federal government is get waiting to get paid back the half the of money. u.s. taxpayers still own 32% of that company. martha: all right. let's get i to this. awaitinging sentencing now of so-called underwear

bomber. abhi talwalkar convicted of the blow up an airplane. he is in the final stages of this court appearance. a bomb on that day hidden in his underwear. prosecutors say that it misfired, the blast that would have killed they believe if it had gone off accurately 289 people aboard that plane. today he finally faces mike tobin. >> reporter: the surprise would be if abdulmutallab would not get life in prison without parole. he. he represents himself but he does have a court-appointed attorney as a legal advisor, and that legal advisor is left in the position of the futile position of trying to argue for leniency because of abdulmutallab was

incompetent. >> the conduct in this case is not his intent. the conduct we believe what occurred and that is he may have had intent or desire to commit a certain act, however, we still take the position that he lacked the ability to do so. no one was injured. no one was killed. >> reporter: we have learned in recent weeks that abdulmutallab did give up information about al qaeda in the arabian peninsula and lakshmi narayanan al-awlaki and he did cooperate with the government. martha. martha: once sentenced where is he expected to do his time? >> reporter: it is anticipated he will be sent to the supermax facility in florence colorado. he will be in company as notable as sack rye was moussaoui. they won't have contact wit each other. 23 hours a day solitary confinement.

martha. martha: thanks very much. what a story to look back on. mike, in detroit for us. bill: those are some of the stories we're watching. still to come here in "america's newsroom" is this, a hidden danger in some types of baby formula. what is inside that bottle that could pose a serious health risk to your child. we'll tell you what that is in a moment. martha: as friends and family prepare to say their final good-bye to whitney houston police now want to see the legendary singer's medical records. what they are now looking for in there. that's next. bill: also one state closer to putting an armed militia on the border with mexico. fair and balanced debate on that this hour with a terrific panel. >> the idea that we are going to put vigilantees along southern arizona and have them to enforce law, it's crazy the liability you put the state of arizona in. the fact that there is no vetting process on those folks that want to participate, this is crazy. this is nuts. are you receiving a payout from a legal settlement

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martha: well it is time for the defense side of the story now in the case of the former university of virginia lacrosse player who is accused of killing his ex-girlfriend. a doctor testifying that yeardley love died from suffocating face down in a pillow in her dorm room back in 2010. while the prosecution has claimed that george huguely beat her to death. now a juror who was just excused from this trial says that the jury needs to focus on what really matters in this case. >> only thing that is important whether or not she would be alive if he hadn't put his hands on her and hopefully everybody agree on intent versus, whatever else. martha: very emotional case this is. blunt force trauma has been ruled the official cause of yeardley love's death. huguely has pleaded innoncent and he claims that her death was accidental.

bill: there is a new idea for the united states to cut its its supply of nuclear weapons and not sitting well with some lawmakers. the lawmakers argue that move will pose a serious threat to our national security. look at the numbers. in 2010 the u.s. had more than 5,000 nuclear warheads. that is 84% reduction from 1967. 75% lower than in 1989 when the berlin wall fell. the u.s. is second behind russia in terms of our nuclear arsenal. my next guest has a strong warning on this. senator jim inhofe is a republican on the senate armed services committee and foreign relations committee. >> good morning, to you bill. bill: you have a big warning on this. what will do you think of this idea? >> it goes right along with all the cuts in defense this president has been doing more recently, just his current budget. but i remember the new stark treaty. you and i talked about this. bill: yes we have.

>> i opposed it. he voted against it. the president at that time promised he would maintain our arsenal as it is and modernize it. he has not done it. i read you what he said in order to get the last votes to pass the new start treaty he had to promise he would modernize it. with the cuts coming ironically they are coming at the same time we hear word out of iran that uranium enrichment plant is fully operational and 20% threshold which is getting real close to what they call the red line. all these things are happening at the same time. i think it is pretty disgraceful. what we have to also say, bill, people don't realize in addition to the nuclear arsenal we, in this treaty didn't even talk about the 4,000 tactical nuclear weapons that they have, that russia has. they outdo us 10 to one. bill: this is election year and threat of iran still

looms as you point out. why would it make sense, do you think to this administration to take an idea to cut more? >> well i think, bill, of course i'm probably the wrong one to ask because everything president obama does is political and i think he kind of watches the polls, sees where his far left is. this is gesture that will make them happy. let's remember, when he was running for president he said i want to siahnouk clear-free world. that is my goal. this is right in line with keeping that promise that he made when he was running for president. bill: but others would argue we lead, others follow. you don't believe that? >> oh, no, i don't believe that. they said the same thing about global warming if we do it than china would do it. we know better than that. that doesn't happen. bill: if the chinese and the russians said okay, we're with you, would that change your mind? >> no. because i wouldn't believe them. you have to verify these things. right now we can not, did you know of all the countries that have nuclear arsenal we are the only ones

who don't modernize ours. the obama administration said we would do it but we haven't done it. if we're down to 300 nuclear warheads, russia has someplace between 1550 and 5000, we don't know what it is how many of our 300 bjork? we don't know. we haven't modernized it. bill: what would you support then? >> what would i support is stay with the treaty that i voted against so we don't unilaterally reduce our capabilities. which is what we're doing. bill: all right. and also on that, the white house has not accepted a proposal butp a parently one is coming, one is being fashioned at the pentagon. what is your expectation that would be satisfactory to the white house? >> would be coming from what, on what subject? bill: what would the white house agree to cut? would you expect a significant markdown? would you figure 10%, is that acceptable, 25 or even 50%? >> no, in terms of reducing

the nuclear arsenal you don't want to reduce it any abuse the figure that we have we're supposed to reduce it to, 1550, we have done that. we don't know anyone else is doing that. i just don't see any justification for a further reduction from what the new s.t.a.r.t. treaty called for. bill: senator, thank you for your time this morning. we'll watch it and see what comes out of the pentagon and we'll see what this administration is willing to accept. jim inhofe. thank you. >> thank you. bill. bill: martha. martha: a stunning look at a new wave of foreclosures. who thought there could be another wave of this, now hitting our country. bill: a lot of them too, right? also new fallout in the solar panel company failure that cost taxpayers more than half a billion dollars. a white house committee set to subpoena key white house staffers about solyndra. >> you tell me what you as a person in charge did with half a billion dollars of taxpayer money saying it is all my staff's fault, i

didn't know, i can't do anything about it. you tell me what you're going to tell the taxpayers.

bill: maxine waters facing a backlash for comments she made during a recent speech in california. she's a democrat talking at a state party convention last weekend in san diego. and using some strong words to describe republican leaders john boehner and eric cantor. have a listen here. >> we've got to take back the house. i saw pictures of boehner and cantor on our screens. don't ever let me see again in life those republicans in our hall on our screens talking about anything. these are demons.

bill: so a spokesman for cantor's says quote, this is a sad and unfortunate speech from a house democrat, end quote. martha: all right. how about this. today police are investigating the death of whitney houston and they are now issuing subpoenas for her medical records because bottles of pills as we all know were found in the room and police want to know was writing those prescriptions. dr. michael baden joins me right now, he is a forensic pathologist and fox news contributor. most well-known in his field. dr. baden, good to have you here today. >> hello, mart. martha: we saw this with anna nicole smith and michael jackson. we have subpoenas in these high profile cases it see what happened here. where is the blame to lie? this is woman who wanted very much to harm herself. she did it time and time again throughout the course of her life. >> blame is overprescription

drugs. prescription drug abuse is more common now than heroin and cocaine abuse and a lot of that has to do with doctors overprescribing. as you say, if an individual wants to take drugs are there lots of ways to get them. martha: seems most of these doctors, most doctors do not want to overprescribe. they're very careful what they give you. you get pages from the pharmacy. the pharmacy might say, i have a standard prescription and pharmacy, you're out of that already? you have to say, yes. >> right. martha: there is very careful process 99% of the time. you can, if you're one of these folks, you can find a doctor who is happy to help a celebrity get this stuff, right? >> yes. elvis presley had four different doctors in four different states who didn't know each other who prescribed. it is very hard to prevent a person from getting prescriptions from multiple doctors. martha: so we've seen in some of these cases culpability and not culpability. seems to me at -- a doctor

who overprescribes or prescribes drugs to an addict, someone they know has an issue should at the very least lose their license? that seems very logical, doesn't it? >> that happens with very few doctors who the drug enforcement agency in general with their database can find who are write be script. martha: dr. conrad murray for example. >> that's right. conrad murray with michael jackson. there are some doctors who will right prescriptions for anybody that comes in the office without examining them. martha: right. >> even if they don't need it. this gets out into the illegal market. one of the reasons for all these subpoenas with whitney houston is to find out whether she was getting any drugs fraudulently. martha: do you expect that this will lead to any sort of charges against these doctors? where do you think this is headed? >> i, it is very unlikely doctors will be charged because even though they don't do, they do improper

things, it is hard to charge a doctor. maybe the medical society, the medical board will suspend their license for a little bit of time but usually doctors have very good lawyers and they, as with anna nicole smith. martha: got to find a better way to coordinate this so there is accountability on that side of it. >> yes. martha: obviously she took on what she took on herself. but folks willing to write the prepgss need to be held to account. >> we don't know yet what the cause of death is, so the toxicology will clarify all that. martha: dr. baden, thank you very much. great to have you here. >> thank you, martha. bill: in a moment, a grandmother sending a message to the food police at her grandchild's school. >> stay out of my kid's lunch box or grandchildren's for that matter. get your priorities straight. bill: the follow-up on the case of the turkey sandwich versus the chicken anything gets. martha: it is a good one. president obama delivering a fiery speech on the u.s. economy of the he says the u.s. is back on track but a

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bill: right about nine 30 here in new york. lawmakers reaching a deal to extend the payroll tax cut.

that means you will keep more money out of your paycheck. that question how to pay for all this. ed henry live on the north lawn. good morning. sounds like it is a deal but everyone is not happy because it is not paid for, is it? >> reporter: good morning, bill. 150 billion of it is not paid for. that means it will be added to the deficit even though we heard both parties talking this week as the president releases the his budget we have to get serious on the debt. not on this bill. republicans were pummeled in december when there was two month extension on payroll tax cut and unemployment compensation. they want to move on from this fight. not drag it out. republican dave camp said as they put the deal together said it is not perfect but they think will get it done. >> this is compromise. there are technical issues. >> 160 million americans will maintain their payroll tax cut. >> as soon as congress sends me that extension of tax cuts and unemployment

insurance to my desk i will sign it right away. >> reporter: now, trish turner our senate producer is saying not all republic conditions are on board. key negotiators, jon kyl, with the national debt piling they will not be on board. they're concerned if you do not put the money normally go into the social security trust fund by continuing this payroll tax cut that is money not going into the social security trust fund. there is still concerns here but looks like it will go through, bill. bill: thanks. ed henry at the white house. martha: president obama firing up crowds at a milwaukee manufacturing plant saying that he believes that our economy is now on the right track. listen. >> the economy is getting stronger! the recovery is speeding up!. [applause] we're moving in the right direction! and now we have to do everything in our power to keep our foot on the gas! the last thing we

can afford to do is go back to the same policies that got us into this mess. martha: but folks living in key swing states for the 2012 election may not agree with the president in terms how well the economy is turning around right now. here's a map that shows the 10 battle ground states we'll be focused on all the way through november. brand new polls, fox polls, show that 52% of the swing state voters as you can see here, do you believe the economy has started to turn the corner and the worst is over? look at the numbers. 42% in the swing states say yes but 52% say no. check out the left-hand column in that. the swing state numbers, about nearly match the national figures as you can see here. very close on the national figures as well although the swing staters seem to be slightly more saying how the economy is going. let's bring in a great panel. christopher hahn, former

aide to senator charles schumer. tucker carlson. of "the daily caller". both are fox news contributors. chris hahn, it is interesting, we'll look at the matchups in terms of the gop candidate in just a second, this momentum, seems to be working for the president in some ways and yet in these polls, it is showing that folks are not convinced yet the economy will turn around. >> i've been in politics for over 20 years, this far out what i look at is trend. right now the trend is actually in the right direction for the president. even as we're only seeing 40, 42% in swing states supporting the policies of this economy. that is a significant improvement over three or four months ago. if the trends continue in the same direction it will be very good news for the president. those trends are right along the lines of what actually happening in our economy. as long as they keep up, he will be in very good shape come november. martha: let's take a look, this is interesting though. in the swing states in terms of the race against president obama with the leading gop contenders here.

this one shows how satisfied people are with how things are going in the country today. you can see 34% say that they're satisfied. now look at this. this is the swing state recommend sterd voter match up, okay? you have president obama on the right-hand side of your screen. you can see in the swing states, crucial swing states across the country bets everyone handily, romney, gingrich, san tore rum, paul. tucker, they are getting a cross a message. >> republican field is weak thanks the primaries. this has not made the candidates stronger. that is evident in the polls. anyone who believes the economy is on profound up swing isn't paying attention. these employment numbers are gleefully by obama voters in newsrooms across the country are not real. if you give up and stop looking for a job, you are not counted. our real unemployment rate

is double digits. the debt is issue. if the republicans can't make that an issue the fact that the debt is larger than economy. they don't deserve a win. >> that will not be a issue in this campaign or any other campaign. martha: if you ask the national security folks, they will say that a traf vesty. the debt needs to be issue in this campaign no matter which side of the fence. lanny davis was on a while ago. he says if the president doesn't embrace issue of debt making huge mistake capturing the moderate and middlep ground. tucker absolutely right, if republican candidates don't seize upon it they are to blame in the situation. one thing i think that has resonated for the president because he keeps saying over and over again every time he goes out is this idea everybody deserves a fair shot and everybody needs to a get pay their fair share. how is that message working for him, chris? >> i think working very well. his popularity every time he goes on attack with the message goes up every single

week. it will continue to go up and stays on attack and republicans get mired down in social issues wars fought years ago that nobody is interested in fighting now. martha: tucker on fair share issue is resonating with people. people in tough economic times. they say let the rich people pay a little bit more. i've had it. >> absolutely demagoguery works in times of crisis. pick a unpopular minority and blame them for everyone. that is exactly what the president is doing. politically probably it does work. as an economic matter it is a failure. in the end you can't argue with math because it remains the same no matter election results. look at president's budget, he put it in your clip and step on the gas of spending literally we're more in debt than any nation in human history. >> there will be a time to pay the debt, tucker. >> when will that be? martha: when? i've been hearing that my whole life? >> the time is when the economy is working. martha: oh please. >> right now it is not. we need to prime the pump

like fdr and so many others have before it works. it works all the time. it will work again. martha: i -- >> we need a second world war again to get us out of this. >> we already have two wars. we're not building enough infrastructure in this country. if we were -- >> that was bitterly ironic remark, just so you know. >> i know. martha: he knows. we're going to leave it there with chris hahn. keep tucker carlson for separate subject. chris, great to have you with us as always. tucker, we've been following story you folks at daily caller breaking news throughout the week. investigation on media matters group. the latest part you've written about all this news that they have, we're, they took a $50,000 grant to monitor and attack reledge just news outlets? tell us a little bit about this. >> right. christian news organization. in 2006, media matters took $50,000 from the arca foundation, a left wing foundation funded actually by tobacco money in, to

monitor and attack religious broadcasters. and they have done that pretty consistently since. pat robertson's program for instance. conservative chris shuns on the air. media matters has been attacking ever since. martha: there is also the issue of david brock as an individual. and you guys have gone after him and unearthing, facts about his drug use which he has admitted to in the past. >> yes. martha: and his, basically his sanity i guess is the issue that you have raised in all this. one of the reasons that this is so, such a compelling story is because this organization has tax-exempt status. >> that's right. martha: seems that is the most concrete thing that deserves everyone's understanding of this group and what they're doing and why they would have that kind of status given what they're doing, right? >> exactly right. we interviewed number of people around david brock why while he used illegal drugs. the reason we got the story first place, people who worked for david brock, still committed left wing

liberal idealogues and unhappy with his stewardship and erratic behavior. he had his personal assistant carry loaded glock into events in washington that he believed right-wing sniper teams were out to kill him. apparently groundless concerns that he would be assassinated. this kind of behavior made a lot of people on the left, these are not right-wingers, these are liberals made them, very, very uncomfortable he was in charge of this organization with tens of millions of dollars. a lot of reach and a lot of influence in washington. martha: tucker carlson, good to see you. thank you so much. >> thanks, martha. bill: we have a follow-up right now on a story we first brought you yesterday. the north carolina preschooler, preschooler, who had her, are you okay? had her bag lunch confiscated by the food police, replaced by a healthy lunch chicken anything gets. school says the whole thing is misunderstanding but the little girl's grandmother not taking that matter lying down.

>> stay out of my kid's lunch box or grandchildren's for at that matter. it is very healthy. she had her dairy. she had her property teen and had her grains. >> we are not the lunch bag, police, okay. if we observe a child who brought their lunch is missing one of the key components of the healthy meal, we simply say, if it is milk, here's some milk. you may have it or not. she went through and got a school meal. she didn't have to do that. bill: wow, can you believe this. find a new school. the state's health and human services department now investigating on that. give me my nuggets or give me my pb&j. martha: if the lup much is missing without your devil dog. if you go to school without the devil dog you have to have the deaf i will have dog replaced in the meal. she had turkey sandwich, apple, no, banana. juice and chips. do you think that is good

lunch? bill: yeah well. i will take the chips. martha: all of it. bill always eats his banana. bill: here. martha: ready to go for the 10:00 snack. bill: for the next hour. she is so right. martha: a little behind the scenes for you, folks. meantime we'll bring you this. one state is considering plans to arm a volunteer militia to guard the u.s. border with mexico. and critics say that would be a disaster waiting to happen. we'll have a fair and balanced debate coming up next. bill: good topic. lin-sanity rolling on. have you heard about jeremy lin. pay attention why he is making all the way to the white house and moving the stock market. >> another beautiful assist. he has got four already. there are a number of reasons why -- okay, team! after age 40, we can start losing muscle --

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bill: an arizona state senate panel okaying a plan to create a new militia of armed volunteers to beef up security along the state's southern border with mexico.

supporters argue would help authorities stop drug and human trafficking. critic it is warn it is a recipe for disaster. julie wood, president of immigrations and customs solutions and former assistant secretary of homeland security. she doesn't like the idea. but arizona state senator silvia allen sponsored the bill. good morning, ladies to both of you. >> good morning. bill: senator allen, why does arizona need this militia? >> because arizona has the responsibility to do whatever we need to do to protect the safety of our citizens. our southern border is now under the control of our of the cartels and they have done terrible violence in, and are doing terrible violence in mexico as we speak. close to 50,000 people have been violently killed there in the last six years. and that violence is seeping over into our state. we are already having beheading and finding body parts in our state and it is very critical. we have the responsibility

to try to protect our people and, our, and their property. and, this isn't a militia group. this will be a law enforcement group that will be highly trained and organized to focus on just one element of law enforcement in our state and that is taking on the cross-border criminal activity and try to stop it from building infrastructure in our state. bill: let me take that as a definition. julie meyers wood, why don't you think this is a good idea. >> first of all let me say arizona anns have every right to be frustrated. their state has been treated as a welcome mat for illegal immigrants for coming across for all kinds of activities. i sympathize with senator allen. the difficulty and concerned about type of militia they're proposing individuals that would be on the border that would arrest and detain illegal workers or others. these individuals would not have hundreds and hundreds of hours of training that the border patrol has. there is a significant risk

of coordination difficulties. you can imagine an instance where an untrained or lightly trained volunteer would shoot at or try to arrest a border patrol agents. bill: the senator's answer prior to that, she seems to have considered all that. here are the facts 373 miles in arizona. almost 20%, 1/5 of our total southwestern border. and four out of every 10 illegal immigrants are caught sneaking into the u.s. by way of that arizona-mexico border. now back to the senator, if i could here. the arizona governor, jan brewer, she comes on our program all the time. she is one of the biggest advocates for shutting down the violence and cross-border traffic. she has the authority now to go forward with this, senator. she has chosen not to. why not? >> i can't speak for the governor but i can tell you that i'm having, i have a lot of support from our citizens who have been asking over and over for many years now for something to be done about this cros

cross-border criminal activity. i'm not just really focusing on the mike grant illegal worker that is trying to come in our state to find work. do you understand that the human smuggling element, the criminal element is making $2 billion off of this, this industry? that is not even counting the billions that they're making off the drugs. this is very dangerous situation setting up. we also have tell expense -- intelligence telling us middle eastern groups like hezbollah is joining with cartels helping to control the southern border. we need to be very concerned and about that. and again this will be --. bill: i apologize for the interruption in the interest of times i want julie meyers wood to address all of that. you make very valid points. arizona's argument, miss wood, they're not getting help from washington so they have to do it on their own. >> they absolutely aren't getting help from washington. it is ridiculous to see the lack of support that they're getting but the solution is not to put lightly-trained volunteers out on the front

lines. if they're concerned about the border patrol or others not having resources to attack sophisticated transnational criminal oanization what is they need to do is help put those people back in support duties. to have more national guard in the support role to the border patrol rather than putting people with only 60 hours of training out on the front lines trying to. >> let me make a point here. bill: make it quick, senator, i'm out of time. >> the point is that these will be former military and law enforcement people who have already been trained. they will get more training. they will continue to get training. they will be trained on this one element and that is to deal with cross-border criminal activity. >> cross-border criminal activity is a huge issue. bill: i apologize. 1.4 million is the price tag. it still has some hurdles. we'll bring both of you back very soon. >> thank you so much. >> thank you very much. bill: martha. martha: how about this school?

200 kids falling sick. they were dropping like flies all over the place. what the doctors think may be happening. >> we are unsure exactly what this is right now. >> this morning we had quite a few people call in sick and, they were -- you know when i grow up, i'm going to own my own restaurant. i want to be a volunteer firefighter. when i grow up, i want to write a novel. i want to go on a road trip. when i grow up, i'm going to go there. i want to fix up old houses. [ female announcer ] at aarp we believe you're never done growing. i want to fall in love again. [ female announcer ] discover what's next in your life. g this free travel bag when you join at aarp.org/jointoday.

>> lin pushing it. alley-oop. perfect pass and a strong finish. [cheers and applause] the crowd is already on its feet. bill: like the league is back. another big night and another big name for harvard's finest, jeremy lin. lin is a point guard for the new york knicks. he had career-high 13 assists. lin-sanity is reaching white house. nix were terrible and now won seven straight behind

this guy a nobody. president obama said to be raving about lin and very impressed. in the span of 10 days, lin has gone from unknown bench warmer cut by two teams to a household name. coming up next hour, how jeremy lin is sending madison square garden's stock soaring. martha: ivy league basketball player like the president. they have that in common. how about this speaking about school. this is not a good story about school. nearly 200 students sick at the same school in gaylord, minnesota. they attended s. ilbey name. school. not fun this day. some of them them were throwing up. a disaster and total mess at the grammar school. they're not sure if this was virus or food-borne illness. the school was flooded with calls yesterday. >> this morning we had quite a few people call in sick and they were continuing to call in or kids actually

were vomiting. we were sending them home pretty readily. >> does that make you nervous? >> yes it does. i know they're safe because they're taking right precautions. martha: joining us dr. stephen garner of new york methodist hospital. good to see you this morning. my son came home with one of these the other day. it is 24 hour thing. for 200 kids to get it at one school how does this happen? >> this had to be one of the noroviruses like the cruise ship. you need a few particles and you get sick. the kids go to the food line. get a piece of bread. put it back. we call it fecal rule. if you don't wash your hands. martha: fecal oral root? that is awful. they need to wash their hand and need to do it right. this is message for all parents to pass onto the kids. >> put their hands under the sink and that's it. >> that's it. >> you put the soap on and go happy birthday to you, happy birthday to you, happy

birthday dear martha. and rinse it off. it is not killing virus. you're getting it off the skin. when you take that payinger towel, use it on the way out because you catch it on the surface. martha: i say to my sons, was soap involved at all in that hand washing moment? we make them go back to or three times. that's what kids do. throw their hands under the water. see, they're clean. >> 30% of doctors wash their hands from room to room. that is big problem. imagine getting kids to do it. you have to make it fun. if they avoid getting sick maybe it will be fun. martha: hot soapy water and sing happy birthday. that is how long it takes to get rid of the germs. >> the food handler is the main culprit. this virus spreads like wildfire. purel, you feel good, doesn't get it off. martha: thanks for sharing that lovely thought. bill: watch the workers not the schoolkids. do you know what is in your baby's food? the new report on formula

and the risk that could pose. that is coming up next. martha: frightening news on the housing market. a brand new wave of foreclosures. are we in for yet another housing slump? when will that be over? [ male announcer ] juice drink too watery? ♪ feel the power my young friend. mmm! [ male announcer ] for excellent fruit and veggie nutrition... v8 v-fusion, also refreshing plus tea. could've had a v8.

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get on e-trade. set up a real plan. frank! oh wow, you didn't win? i wanna show you something... it's my shocked face. [ gasps ] [ male announcer ] get a retirement plan that works... at e-trade. martha: this is a fox news alert. on toxins hidden in our food. and infants may be the most at risk. a disturbing new study finds traces of arsenic in certain organ you can infant formulas may exist and the cereal bars. brand new hour of "america's newsroom." good morning everybody. i'm martha maccallum. bill: i'm bill hemmer. this report coming claiming the bulk of arsenic detected is the type known to cause cancer. martha: that is very disturbing. this follows another investigation that showed levels of arsenic in some fruit juices. laura ingle with the latest

developments. how serious is this. >> reporter: medical scientists and experts sounding alarm buying products containing brown rice syrup. this research by dartmouth college, a brown rice syrup, found in some organic powdered infant formulas could contain dangerous amounts of as sick, -- arsenic, six times more than the environmental protection agency considers safe for the water supply. they find elevated levels in cereal bars, energy bars and drinks energy shots used by endures rans athletes. researchers point out arsenic occurs in several forms, some more dangerous than others. they found the inorganic which is generally thought to be more harmful than organic arsenic. they need more long-term studies to determine what amount would be a real risk to human health. martha? martha: why is arsenic in brown rice? when i used to see brown rice syrups on baby food, i said that is good thing.

sound very natural. >> reporter: that is what a lot of people think. it is found in the outer shell of rice to be removed to make make white rice but not brown. brown rice absorbs natural arsenic from the soil and arsenic is not removed when the rice is used to make all these products. chronic exposure to inorganic arsenic has been linked to increased risk of bladder, lung and breast cancer and cardiovascular disease according to the ada. researchers recommend consumers who eat a lot of rice and rice products should vary diets and parent that use formula with brown rice syrup should limit consumption. martha: brown rice is supposed to be very healthy. i would imagine the levels of all of these things that cause concern. so no doubt we'll hear more about what the levels are really all about. laura, thank you very much. laura ingle in the newsroom. bill: we have new housing numbers showing banks taking back more homes in january.

realtytrac reporting foreclosures nationwide jumping by 3% last month while foreclosures are down for the year some analysts predict the numbers will continue to rise following that $25 billion mortgage settlement from 10 days ago. fox business network's cheryl casone. good morning to you. what is the news here. >> reporter: good morning. the news is in the data and what analysts are saying is coming true. if you look into the numbers in the report from realtytrac, there it is. look at the state of florida for example. judges were incredibly harsh on the banks in the state of florida last year. therefore banks really slowed down those foreclosure filings. now they're picking back up. the one state that we saw the biggest jump in this month was the state of florida. that's across the country. banks held out. now they're going to start getting filings done. unfortunately bad for prices. bill: the deal is done now with the government the they will move forward. you're saying they went hands off for the moment because they were working on this deal. now that's done you say this is just the tip of the

iceberg? >> it is the tip of iceberg. it will not be as bad as the initial flood of foreclosures we saw when housing crisis began in 2008. we'll not get back to those levels. here's the thing. many homeowners will get a foreclosure filing. that is notice of default, auction sale or bank repossession. any of the homeowners probably not going to be surprised that they're going to be losing their homes. look unemployment plo, bill, has stayed high for the last year. unemployment is still incredibly high levels. if you don't have a job you can't pay your mortgage. many investors are walking away at this point from homes. they're waiting to the bank to come to them. the bank will come to your door and you may not be surprised. bill: some neighborhoods will change. new hampshire foreclosures jumped 62% in january. massachusetts jumped 75%? >> yes, i was looking at top five states, florida, indiana, illinois, pennsylvania, all had big jumps up. but we still have the same trouble spots we had and we've had over the last

three our for years, that is california, florida, arizona, nevada, even georgia. we still have the same trouble spots overall as far as amount of foreclosures. and also again i will say there is going to be a shift but not going to be for the next six months or so. bill: the hangover continues. that's for certain. chairman casone thanks. we'll see you on fbn at noon. thank you. >> thanks, bill. martha: we'll break down some of the housing numbers for you. last month one in every 624 u.s. housing units received a foreclose you are file. over the past five years, banks niche hated -- initiated 8.2 million foreclosures. nearly half of those ended in repossession. in 2011, banks filed nearly 2.7 million home foreclosures. a lot of sad stories in those numbers. bill: got a fox news alert on the economy. weekly jobless claims fell to their lowest point in four years. this number came out 90

minutes ago. 348,000 americans filing for unemployment benefits last week. when the number consistently stays below 350,000, it usually shows hiring is strong enough to bring unemployment rate down to a significant degree. that is the good news. the bad news, 13 million americans remain without a job. it could take years to get back to a normal unemployment level. martha: let's get back to the election numbers this morning. rick santorum has a commanding lead in a brand new national poll out in front with 39% according to the latest numbers. look at these latest rasmussen numbers. big move over the past couple weeks for rick santorum. look at that. he is a full 12 points ahead of mitt romney in this one but some comments about women in recent days, some have been unearthed from several years ago have him in a bit of hot water. here is one of them. this is from the former pennsylvania senator in 2006.

he said, quote, i vote and have supported birth control because it is not the taking of human life but i'm not a believer in birth control or artificial birth control, he says. i think it is harmful to women. i think it is harmful to our society to have a society that says sex outside of marriage is something that should be encouraged or tolerated, particularly among the young. stephen hayes joins me now, senior writer or "the weekly standard" and fox news contributor. welcome. good to have you here today. >> hi, martha. how are you? martha: i'm fine. that comment is getting a lot of comments written across the nation and fierce from it and combat and emotions and difficulties may arise is not very popular some think with sort of wide swath of suburban women voters. >> yeah. i think that's right. the danger i think for rick santorum they are built into his comments there is assumption that women inside a marriage wouldn't use contraception. i think that is not actually the case but taking a step

back more broadly this is not the kind of discussion i think republicans want to be having as they go into a general election against president obama. martha: so the question is where is it coming from? steve, when you look at the pattern in all of this, we've seen whoever has been leading against mitt romney, the guns come out against them and clearly rick santorum's most vulnerable spot are some of the stances he has taken on social issues which everybody agrees he has right to say and think obviously whatever he thinks about these issues but they're not all that popular and you've got to get the women's vote to win. is this coming from the romney camp, do you think? >> hard to say. it is a strength and weakness with rick san san. one of the reasons people are so drawn to him, particularly very conservative voters precisely because he has views and principled politician and election official and presence pilled seems in his private life. somebody who has convictions, strong convict shuns the danger as you suggest when those convictions seem out of step with the mainstream

of america and in the case of contraception i would say with many republicans and republican women. martha: yeah. it also says a lot, this whole scenario we're talking about, about mitt romney. when you look at some of the new "rasmussen poll" numbers, mitt romney is down. he is lower among those who think he will ultimately get the understood for the presidential election. he also seen strongest running against the president and still strong but numbers are declining. this has to be frustrated for the romney folks. we'll talk to andrea strawn in a little while but every time he gets going he seems to fall back. >>. >> he is having problems connecting with very conservative voters. "rasmussen poll" says romney has support of 17% of those who identify very conservative which is consistent with numbers in the exit polls you talked about coming out of each of these primary/caucuss.

he is not connecting with very conservative voters. unless he does it will be i think hard for him to secure the nomination to win over enough republicans to put him back on the glide path that the romney campaign thought he was on just a couple weeks ago. martha: i think it is rougher than they thought it would be. i think it would be easier if he gets the nomination in head-to-head but we've to the aways to go before that happens. good to see you this morning, steve hayes. bill: he billed himself as a hometown guy but is mitt romney having issues in michigan? what happens if he loses his home state? we'll talk to his press secretary what is going on in michigan. plus. >> all of us should learn to be a little more understanding of that and understand this is a disease and we need to help these folks to try to conquer this disease and not -- because it is a struggle for everybody. martha: very interesting. new jersey governor chris christie of course defending

a decision that he made about whitney houston. we'll tell you what is causing such a stir on that. bill: also on much different note. she is on a roll but the "sports illustrated" cover gal is related to a sitting u.s. congressman. martha: really? bill: michigan republican fred upton. we won't be just talking about the swimsuit issue. >> we'll get around to it i expect. ♪ . [ female announcer ] water was meant to be perfect. crisp, clear, untouched. that's why there's brita, to make the water we drink, taste a little more, perfect. reduce lead and other impurities with the advanced filtration system of brita.

bill: a bit of controversy in the garden state. flags fly at half staff for whitney houston. chris christie defending his

decision. he says a new jersey native had a special impact. >> she is a cultural icon in the history of this state. and i'm disturbed by people who believe that because of her ultimate demise, and we don't know what the cause of her death is, but because of her history of substance abuse, that somehow she has forfeited the good things that she did in her life. i just ry reject that on a human level. bill: flags have been at half staff of 31 marines who died in combat and police officers who have died while he's been in office. martha: a house subcommittee is preparing to subpoena the white house over the solyndra investigation, that is the solar company that went belly-up after they received more than $530 million in federal aid. the white house liked this company enough to push for money

for it, then they went bankrupt. they want to know what happened to all of the money. they say the obama administration is shielding key players from all this from testifying. fred upton is on the committee. he is chairman of the house and commerce committee. thank you for being here this morning. what do you think will come from the subpoena request from the white house to get more information on what really happened with solyndra. >> it's been a whole year, a year ago we started this investigation. all of us are very upset that we've lost the taxpayers over half a billion dollars. we want to find out what went wrong, identify the abuse and come back with legislation to actually effects it so it cannot happen again. so we've been like pulling teeth out of the white house, trying to get the documents we want to have to answer the basic questions that we all want to have resolved. the white house claims that they did everything by the book, and so we're trying to find out. we sent them a letter about a

week ago and we said we want to interview certain people at both the house, and the office of management and budget, those are the career folks that really watch all of these decisions as they are made and we want to be able to interview them, and if they are not produced then we are he prepared tomorrow to actually issue a subpoena to have them come before our investigators to answer the basic questions that we want to have answered. martha: what do you expect the response is going to be realistically? >> well we don't know yet. we know there are some discussions that are happening even yesterday and perhaps again today about the potential, perhaps of allowing some of the folks to be interviews, but we don't have a final answer yet. we are prepared, if the answer is no, we're prepared first thing tomorrow morning to actually issue the subpoena to try and get those answers so we can make sure that this cannot, will not ever happen again. martha: i've got a number of topics i want to get to with you. i'm going to move along to the payroll deal, because it has

raised a lot of eyebrows, and the question is why republicans, you know, some of whom would not agree to this without commensurate cuts to continue this payroll tax cut, which is going toned up costing us a hundred billion dollars in the deficit, is it wise to agree to this deal? and why did it happen? >> i'm a conferee. we met this morning until 1:00 actually trying to negotiate the final arrangements, the final provision tph-s this bill. provisions in this bill. probably going to meet this morning. we were told it's pretty much done. we'll have a meeting likely this morning, and pick it up tomorrow or friday, a lot of us do want to pay for it, the senate didn't do that. it's a pretty big package, a lot of things are involved, and what we are doing in the package thus far is to make sure we are paying for the reimbursement fees for physicians who treat

medicare patients, those over 65 years old. we are doing a number of things that are paid for. as it relates to the taxes on working americans, or the payroll tax, that is not being paid for as part of the package. martha: that has raised some eyebrows out there. i wanted you to address that. keystone, which is something you've been very involved in and a lot of folks think need to be a major issue of diskug a discussion as we head into the election here, there is a major vote on that as well? >> all the week we have been debating a major highway and infrastructure bill. keystone pipeline is exactly that. it's safer to have it in a pipeline than on a railroad or truck. this is what canada wants to sell us, and if we don't see, yes, we like it it will go to china. it's a $7 billion project, tens of thousands of jobs.

it is by part son. by partisan. it will be part of the package that we vote on either later today or tomorrow, and i have to believe that most members of congress, it's been b who have been by partisan will vote to support that. martha: and get the project moving. these are all very compelling topics and very much in the news this week. there is another very compelling topic that's been in the news this web. i want to play you a sound byte from this morning and get your reaction on this one, congressman. >> aren't you related to a member of congress? >> yes, my uncle. >> which one? fred? >> yeah. uncle fred. >> have you heard from him since you made the cover? >> of course. i have a very close and

supportive family, and they are all very proud of me. martha: uncle fred. uncle fred. you getting a lot of attention, a lot of people showing up with their sports illustrated asking for an autograph in congress. >> i don't know if they want to avoid the cover price or what, yeah, i've got a lot of my colleagues that are asking if i was adopted, if i'm actually -- martha: i think you guys actually look a little bit alike, don't you. >> that is a very nice compliment. she is a great gal. her dad, my brother live in the same town. we do a lot of stuff together. it's been fun to watch her grow up. she is only 19 but we are all proud of kate. my local newspaper, the headline was, all eyes on upton, kate not fred. martha: no doubt. well she is growing up beautifully. i think everybody will say who has had a chance to check that out. i'm sure you're very proud of her. she seems like a great girl.

she was very cute on the interview this morning on fox & friends. thank you conessman for talking with us. bill: was i adopted. [laughter] martha bill: the knicks and her fans in the n. b.a. not the only wons winning. the stock and what is going on. [ male announcer ] we know you don't wait until the end of the quarter to think about your money... ♪ that right now, you want to know where you are, and where you'd like to be. we know you'd like to see the same information your advisor does so you can get a deeper understanding of what's going on with your portfolio. we know all this because we asked you, and what we heard helped us create pnc wealth insight, a smarter way to work with your pnc advisor, so you can make better decisions and live achievement.

bill: new video out of syria now showing a massive oil pipeline burning out of control. reports suggesting it's the result of shelling that targets anti-government protestors near the city of homs. in a turning point for the united nations. the secretary general ban ki moon says it could amount to crimes against humanity.

dominique d-natali is live there. >> reporter: people are wondering why it's taken so long for ban case ki moon to say this given the evidence of what is going on. he demands the end to indiscriminate killing of civilians who are caught up in the fighting between bashar al-assad's forces and the opposition. we've seen a new protest where 11 months ago it all started there. we heard there were random raids and arrests and ran dam gunfire, that's how activists described it. we have no way of knowing if that is true. foreign media are not allowed in the country officially. we are hearing heavy attacks and gunfire taking place in the city of homs, and another city. we are seeing continuous fighting going on. it comes 24 hours, actually

after bashar al-assad seemed to have been honest or finally saying something by promising a referendum on changing the constitution. the opposition refused that saying he doesn't accept the fact he wants to have multi-part te tee systems. and the west not believing him as well. bill: there is a vote this afternoon at the u.n. we'll see if it has any impact at all on the syrian government. martha: does the healthcare mandate on continue september teufs violate a basic tenant of our constitution in a congressional committee is taking that question on. bill: he's played a mere seven games and jeremy lin has the hottest hands in the world. are we seeing the making of an international sensation? >> what are some of the things they have worked on with you that you have been able to apply

and help this team? >> i mean -- >> reporter: what do you think about all this. >> it's crazy, it's just crazy. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. i want to fix up old houses. ♪ [ woman ] when i grow up, i want to take him on his first flight. i want to run a marathon. i'm going to own my own restaurant. when i grow up, i'm going to start a band.

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bill: breaking news, way of reuters, by intelligence officials on the u.s. side saying that iran at the moment, to the best of their knowledge israel has not decided to attack

iran. this comes along with another urgent alert that crossed. u.s. intelligence officials believe that despite increased sanctions against iran and the threat of more sanctions that country is nowhere near agreeing to abandon its nuclear program. we'll give you the impact of this in a few minutes on "america's newsroom." martha: just getting underway inside a hearing of separation of church and state directly linked to the contraception mandate and the overhaul of healthcare, any association with religious affiliation being made to provide several birth controls for women. many are not sad tpaoeu satisfied with the president's offer to compromise on this. >> reporter: this has seen heated part son exchanges among lawmakers when they explained to republican chairman darrell issa of laugh about their supposed

lack of input into the witness list. chairman issa talked about when the timeline was put into effect. carolyn maloney in new york said all the witnesses are men, where are the woman? issa said this hearing is not exclusively designed to female contraception but is folks used on the broader subject of religious liberty. >> i think everybody understands what is going on here today. the chairman is promoting a conspiracy theory that the federal government is conducting a war against religion. he stacked the hearing with witnesses who agree with his position. he has not invited catholic health association, catholic charities, catholics united, or a host of other catholic groups that praise the white house for making the accommodation they made last week. >> reporter: among the witnesses on the first panel is the

reverend william laureate the far left of the witness table. he's the bishop of bridge for the, connecticut. his opening statement told what he called the parbl of the kosher delis. he said what would inc ensue if all delis were to serve nonkosher. martha: very interesting be debate. james rosen. [music playing] ♪ bill: everything has changed, just like that. the absolute truth for a guy named jeremy lin, he's a point guard for the new york knicks leading his team to a 7th

straight win last night career-high, 13 assists. two weeks ago no one even heard of this guy. he's a graduate of harvard, everybody passed on him time and again, and now he's an inspiration. >> he's live the dream himself and people are just believing in hip. just an amazing story. you couldn't write something like this. >> because he's an asian-american it brings me to watch it more. we finally made it. bill: the knicks and their fans are not the only one linning. eric could he and, from magazine dog radio, how are you doing. >> let me say this. two weeks you said nobody heard of him? me included. a supposed sports host nationally. bill: we want to talk about the story not from a sports standpoint but perhaps from a business and cultural standpoint. that's when you've been talking about.

>> on serious mad dog radio, we've been talking about it's secondary to the fact he doesn't look the part. this is not a guy that looks like every single nba player. he's an asian-american player, good for him. he is opening doors to others. many people passed on them. he went to ha harvard. every one of us would sign up to go to harvard for an academic perspective. not a basketball perspective. bill: he was drafted, he was about to be cut from the third team and now lightning strikes. the t-shirt is the number one seller on nba.com. the games are selling out wherever this guy goes. the social impact of a jeremy lin is what? >> it's huge, it's huge. we spoke this morning on mad dog radio to michael chang and in

1989 he won the french open. he was the last asian-american to have this impact in any sport. he won that tournament, that was 89. this is now 2012. that was not yesterday. we look at what he's done here and nobody would be talking about the nba, not until june e. has made the nba relevant again. now we are talking about all-star weekend coming up next weekend in orlando. everyone wants to know, if guy, the biggest star of stars now jeremy lin, can he be there in some capacity. can he be part of maybe the skills competition or something like that. bill: i agree with you in the following way. the sport was forgotten and suddenly it's been discovered by one guy. >> by one guy. we have to point this out. he does not look the part. you can't say that enough. it's not meant to come off as a racist statement. that is not the issue, the issue is good for him. he is a rallying cry now. we've seen asian players come into the nba with huge impact.

yao ming. highest selling jersey in the nba, more than kobe bryant. bill: this is a lockout shortened season a lot of people had written it off. the knicks were terrible by the way. charles barkley a few weeks ago was railing on the league as a joke. he said, players should be embarrassed. and what he was referring to is the fact that no one plays as a team any more. now this guy comes along, he's all about team. >> that's all he's about. and charles bark lie was somewhat right. this was a 66 game season, it's normally 82. the nba was known in 2012 for the lockout. it was a labor disagreement, they were going to have a shortened season. the first big news with the nba is when david stearn served as an owner of the team and as a result he had to cancel a trade. chris paul, a star player was traded to the lakers.

he said he didn't fit with our goal. i have to renege on that. that is not positive. now we have this kid. bill: how long will it last. >> forever, please. every day on mad dog radio. martha: great stuff, thank you guys. a major drug bust on a college campus. people say it's really no surprise. who was aired i arrested is the very surprising part of that. mitt romney talking to his hometown crowd. >> there is another guy from my high school, and a gal -- there are a lot of high schoolers here. martha: what if mitch dan does not hanmichigan does not hand its native son a win there. we weigh in when we come back.

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seven students at tcu arrested after a drug sting there. the sting ongoing for the past six months. students allegedly selling a wide range of drugs, including marijuana, cocaine, lsd and prescription medication. for some on campus they say the arrests came as no surprise. >> with the parties that they have i'm not surprised. my parents will be terrified when i tell them this kind of stuff. >> it's a shame. these are all good kids that have probably made the mistake of their life if they did what they are accused of. bill: among those arrested, four members of the school's football team, documents in that case suggest wide-spread drug use among teen members. martha: presidential candidate mitt romney tries to reconnect with his michigan roots as he campaigns through his home state. he grew up there. and it is less than two weeks now before the key primary in that state. he was born and raised in

michigan. his father served as governor of the state and romney was reminded of those ties during a rally yesterday. take a look. >> there is another guy from my high school. and a gal -- there is a lot of high schoolers here, and i'm just -- this really does bring back memories. any old girlfriends here? [laughter] >> oh, have to be careful. [laughter] >> anns not here today. [laughter] >> don't tell. martha: i'm not sure if anybody raised their hand on the old girlfriend question in the crowd there. he is, however trailing rick santorum in the recent polls. i'm joined by andrea saul who is the campaign secretary for romney's campaign. hope there were no uncomfortable moments with girlfriends rearing their heads. it goes to the point, a lot of people look at that and said, boy, this is a real effort to try to show that this is where you're from and reconnect with your hometown crowd, something

they didn't expect that he would have to do, frankly. >> nobody cares more about michigan than governor romney. he was born in detroit. his father was governor of michigan after working his way up being president of american motors. this is a place close to the heart for he and ann. he's going to go around talk about not only his memories there but what he's going to do as president to get people back to work, to get their economy going again. this is the same things he's been talking about everywhere. martha: let's look at the numbers we referred to a little while ago. we want to get your thoughts on this. this is a "real clear politics" average right now in the state of mitch ban. it has rick santorum at 37% and your candidate mitt romney 28%. ron paul is at 10 and gingrich is tied with him at 1 10%. nobody thought this would be a big challenge for romney. why do you think this state looks like this. >> we've been prepared for all

of these states. polls will go up and down. i'm not worried about what polls say. we're looking at the momentum governor romney is getting. we got an endorsement of governor snyder today. it was a huge endorsement. he understands that we need someone in washington who also hasn't spent their life in washington, has met payrolls and balanced budgets. he started turning michigan around but he needs a partner in the white house to finish the job. martha: rick santorum is experiencing what everybody who has made a good run against your candidate experienced sooner or later. he's getting a lot of criticism, and it's coming in the form of the comments he made about contraception, and women in combat. do you think that bringing up those issues is a fairway to go after rick santorum? is that fair, is that credible? >> i think there are a lot of questions about rick santorum's record. as senator he opposed right to work legislation for instance. governor romney has been

attacked with a uaw big union boss while he's in michigan, because they know he's the only candidate that will stand up to big labor. big labor spent hundreds of millions of dollars to support president obama's campaign last tphaoeupl and he's been paying them back ever since. this is an example of an issue that people don't know rick santorum's record. he supported millions in earmarks. there are a lot of questions whether it be on things he said about women or his congressional weapon. i think those are all things voters will take into consideration when they cast their votes. martha: mitt romney was so strong coming out of florida. it felt like he had some real momentum. there was talk even that night of him wrapping that thing up. why do you think it didn't happen? how did he lose ground after florida. >> we've never been ones to say he's going to wrap things up early. we never said he was going to run the table. john mccain lost 13 out of 23

contests after he won florida last time. people forget this is part of the process. he's running for president of the united states, this is obviously very important and we appreciate the process. this is just going to help us be strong against president obama, and, you know, governor romney honing in on the message of how he's going to get americans back to work, turn this economy around, and get president obama and his crony capitalism out of the white house. martha: if he loses michigan what will the reaction in your camp be to that? >> i'm not going to go through hypotheticals, you know, we are hoping to win wherever we can, that includes michigan, that includes arizona, those are the next contests. we had a great weekend this past weekend winning the maine caucuses. governor romney won the cpac straw pollination wide and at the end. we think we have momentum on our side and governor romney will take his message straight to the voters. martha: thank you very much. good to check in with you.

andrea saul, press secretary for mitt romney. bill: we'll see what happens. martha: there is a long way to go. bill: a legal battle is being waged over a political ad and the out cox this case could have a huge impact on just about every campaign across the country. we'll tell you what that is also -- martha: moments of panic for one mom. she turned around and found her young daughter trapped inside a toy vending machine? you've got to be kidding me. look at this. we'll be right back with how that ended up.

martha: firefighters rushing to the rescue of a little girl in kentucky after -- you're not going to believe this -- she got stuck inside a toy vending machine. emergency crews had to saw the top of this thing off. she was scared of course, but not hurt.

the whole rescue took about 20 minutes. once she was out she got to keep a couple of those stuffed toys. i hate those claw machines. look at the poor little kid. they don't explain at all how the heck she got into that thing. bill: leave it for later, wait until you get another dollar. martha: you put the dollar in and the claw goes over and it just looks like it's going to pick up the little toy and then it doesn't. and you pump another dollar in. bill: i've got a habit, mom. martha: oh, please. bill: it started as an ad for a tax protest in the state of rhode island, an activist who published the names and photos of local politicians now at center of a free speech battle. douglas kennedy is here with the latest in our series, taking liberties. douglas. >> is that mick kennedy? imagine if you had to get a politician's permission before you ran a political attack ad. that is what one city councilman

says is the law in rhode island. rob cody does not like taxes. and you particularly don't like the recent car tax here in what are wick, rhode island. >> that's correct. we are objecting to a car tax that is based on fictitious values. >> he took out this ad in the local newspaper. it listed the councilmembers who voted for the tax, including their names and pictures. now the head of the city council said your ad was illegal because he did not give you permission to use his likeness. >> the concept that it's illegal is ridiculous. >> nonthe less a statute from the 1970s does bar the use of a person's name or picture in any advertising without the person's consent. cody is part of the lawsuit challenging the lawsuit calling it clearly unconstitutional. he's calling the city council chief a caw ard fo coward for

refusing to be associated with a law he khap championed. >> it says any individual cannot use another individual's name or likeness without their permission. >> reporter: some legal experts say the way this law is written political attack ads like yours are currently illegal in the state of rhode island. >> that's why that law is being challenged. >> reporter: cody says he expects the courts will allow him to continue his campaign without having to ask permission from anyone. that's it from here, bill, back to you. bill: thank you, douglas, we'll see you real soon. martha. martha: we are getting some reports of behind the scenes talks that are now going on between the u.s. afghanistan, and the taliban. could this soon lead to a full-fledged peace negotiation, a huge story that is unraveling right now in america's

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>> while he was there it seems president obama reduced our trade agreement by china he sold them jerseys at 51 bucks a piece. bill: a big shout out to a great guy and a super bowl champion. the defensive end for the new york giants was honored with a key to nassau county new york. he handed out a check to rush for literacy. big daddy helped it all happy. that pizza joint started a weekly tradition to feed the team every friday. it's a lot of pie. martha: one pie per team member, problem below. bill: i wld