you better do good on the scramble this morning. >> everybody have a good morning! you have a great show coming up right now. >> "fox & friends" next. bye! >> good morning, everyone. it's tuesday, march 13th. i'm gretchen carlson. thanks so much for sharing your time with us today. all right. get ready to go down south. it's primary day. voters in alabama and mississippi heading to the polls in a few hours. which g.o.p. hopeful will snag those delegates? or will they all get some of them? we'll hear from them as they make their final pitches. >> and you've heard newt say he has the answer to high gas prices and he can get it down to $2.50 a gallon. well, now the white house is calling newt a flat out liar. newt's response straight ahead. >> great. and an internet company taking heat for boosting its signals converting homeless people into human hot spots. who knew job creation could be so controversial? "fox & friends" starts right now.

>> good morning, everyone. eric bolling is sitting in for steve today. >> this is a human hot spot right here. >> what's your four digit code? let's tap in! >> when you got to get up in the middle of the night, you'll take all the compliments you can get. thank you very much, eric, for being here today. a big showdown in the south today. it's primary day in alabama and mississippi. now, usually, these primaries are important but not decisive. what do i mean by that? usually the candidates are picked by this time. look at the delegates up for grabs. it's proportional, guys, so with the polls being very close right now, all three of the top candidates, ron paul hasn't really campaigned down there. all three could come away with a proportional share. >> the biggest story to date is rick santorum seems to be struggling somewhat and mitt romney who says this is an away

game. i don't know why he keeps saying that. this is not -- an away game for him. what are grits? >> he said he only had grits the day before and, you know, he's trying catfish. he should say listen, i hope to win and the polls show he has a legitimate shot at both states. that for him could be for a rick santorum victory in michigan would have meant for the santorum campaign could send mitt romney on his heels. it didn't happen. if he walks away with two victories today, how does newt and mitt make a case the next day? >> that's a good point. it pushes mitt romney at least across the temporary finish line. it's interesting that mitt romney is really benefitting from newt and santorum both staying in the race. both, you know, beating each other up for the non-mitt vote and he's racking up delegates and delegates and delegates. >> no doubt.

that's so important. there's an analyst who said if gingrich wasn't in the race, santorum would win in alabama by 15 points. this is what a lot of people have been arguing for sometime, they're splitting the vote. if you ask romney should they get out of the race, the answer should be no. here's rick santorum, though, explaining why the nominee should be more of a conservative. this is what it all comes down to specifically in these states. >> look, we need to nominate a conservative, we don't nominate a conservative, you've seen it. we nominated john mccain and bob dole, we lost every one of those races. i understand why the media wants romney because they know that obama can beat romney. we need to nominate a reagan conservative, someone who can create the clear contrast. we do that. that's why we'll stick this out and win it. >> i don't know why rick santorum thinks the media needs romney. every time you see romney win, you say wow is he weak? wow is he unappealing and wow,

he hasn't connected yet. it's strange that he could be leading a race like this and you see all negativity. rick santorum is dialing down expectations. he says i don't really need to win, i'll look good in illinois where a couple of weeks ago, he thought he'd come up big. >> the other thing is they're using the miracle word now. romney says that -- >> that was interesting. >> romney said that santorum would need a miracle at this point. here's that! >> everybody has a scenario where they could become the nominee. that's fine. that's why we have a primary process and so far, we've got, i don't know, two, 2 1/2 times as many delegates as he has and millions of more votes than he has and, you know, that's the nature of political process. if he is able to pull off a miracle, so be it. he'll be the nominee. >> that's kind of doubling down. maybe it was last week, i think, the romney camp, not mitt romney but the romney camp said it would take an act of god for one of the other candidates to win the nomination. they had to dial that back a little bit. he went ahead and said that, not

that it wouldn't take a miracle at this point but really, not very becoming of the leader. >> he needs to take it right to the convention where that -- where the vote could happen. >> yesterday, romney said if it went all the way to the convention, it would be the death of the republican party. newt gingrich polling extremely well. could he win in these two states today? alabama and mississippi? he continues to attack obama and the frontrunner, mitt romney by saying that romney is the weakest frontrunner in, oh, 90 years. >> governor romney will get at most one out of every three delegates and once again fall dramatically short. he may be the frontrunner but he's the weakest frontrunner since leonard wood in 1920 and i think with the odds against him being able to get 1144 delegates is very, very high. i think he's more likely to be a frontrunner who ends up not finishing the race. >> i'd like to take this time to talk about leonard wood a little bit. who the heck is leonard wood?

he does know history. here's the thing, newt gingrich does -- keep in mind, he says he's the weakest frontrunner. mitt had a pretty good comeback on that. they wrote "fox & friends" in the paper. it was unbelievable. what does that say about him? if i'm a weak frontrunner, what does that say about newt gingrich which is true. i actually credit the field. i'm like newt, give yourself credit. ron paul, if the frontrunner is not getting the amount of delegates maybe john mccain or bob dole got, maybe it's the other three that are good candidates. >> we'll be talking to newt gingrich coming up before our 8:00 hour, i believe, today. >> but this topic. this is the one that i want to get to. and i'm not sure why the candidates aren't all just on this. if it were me, i'd be going wall to wall this. gasoline prices, 31 days ought out of the last 32 days, gas prices have risen and again today, gas prices are up a touch. look at this poll that shows the disapproval of the president's

handling of gasoline prices. check it out. 65% disapprove of the way he's handling gasoline prices and also from "the washington post"/abc poll yesterday, 59% disapprove of his handling of the economy. and 63% on the deficit but that whopper, 65%, almost 2/3 of the people say he's not doing his job. >> i'll add to that. 54% believe that the president of the united states can do a lot about gas prices. why is that important to point out? because the president yesterday came out with that seven point energy plan saying here are the seven things i have done with regard to energy for the united states of america. but that has not lowered gas prices and that's really all that people care about right now. when they go to the pump, if they're going to see $5 a gallon or even higher come this summer, that would be the greatest nightmare for president obama. doesn't matter anything else for the most part, it would be the economy and gas prices. >> and as charles krauthammer said last night, it's real simple. on federal land, drilling is down. on private land, drilling is up. in north dakota, it's up 50%.

no president really needs -- gets credit for that. >> here's the problem with that victory lap that president obama took yesterday, he said look at 2009, 2010 and 2011, the drilling, the production in the u.s. has gone up. the problem is in 2008 when he was candidate obama, he said more drilling won't help and more drilling won't produce more oil in the next 20 years and now he's going to take a victory lap. if you listen to candidate obama, the oil we're producing now because of george bush or because of bill clinton or because of ronald reagan or someone in the past that he clearly thinks is, you know, the time frame for drilling. >> if you think that the campaign in november will get dicey or visceral or any other negative word, it will. because now the spokesperson for president obama is calling one of the republican candidates a liar, newt gingrich. here is jay carney and newt gingrich responding on being

able to bring gas down to $2.50 a gallon. >> this president is absolutely committed to reducing -- to doing everything we can to mitigate the effect of high gas prices on american families and to lower gas prices. what he is not willing to do is to look the american people in the eye and claim that there is a strategy by which he can guarantee the price of gas will be $2.50 at the pump. any politician that does that is lying. >> i want to take this moment to respond to the president and his press secretary and say first of all, mr. president, i would be happy to debate you anywhere in the country any time on energy. i believe your energy speeches have been so patently incoherent that they are indefensible. i'd be glad to meet you at an oil rig somewhere. i'd be glad to meet you at a

refinery. i'd be glad to meet you at a gas station. i'd even be willing to go to a university campus where you'll feel comfortable. but i will -- and i would be happy in advance to agree that you can use a teleprompter. >> you know, it's just unbelievable that jay carney, the white house press secretary talks like, look, you can't get gas prices -- like they've thrown the towel in already. anybody who says you can get gas prices down is a liar. you know what? administration, you can do it. you can do it. you can drill more and do things that it would take to get gas prices down. don't throw in the towel and the american people are paying $3.81 a gallon, we need gas prices a lot lower. >> we'll continue to debate this throughout the show and the rest of your headlines. brand new video out of afghanistan showing the protest of the killing of 16 civilians.

>> hundreds of students there now calling for the public trial of the 38-year-old american soldier accused of carrying out that vicious attack. also overnight, taliban militants reportedly opened fire at the same site where the shootings happened and an afghan delegation was visiting at the time. one person was killed and two others were injured. despite the rising tensions, the white house says its war strategy still will not change. while you were sleeping, four days of cross border clashes ending in the middle east and an egyptian security official claims his country helped organize the troops between israel and gaza militants. officials say the palestinians agreed to stop firing a barrage of rockets in israel. in return, israel says it will "answer quiet with quiet." the clashes started after israel killed a top militant leader. 25 palestinians were killed. many of them were militants. no one died in israel. an update to the growing list of lawmakers calling for attorney general eric holder's resignation over operation fast

& furious. now a democrat appears to be jumping on board. an oklahoma congressman was asked if he still supports holder. his response -- no comment. this is the first time a democrat openly refused to support holder. 120 congressmen, three senators, two sitting governors and all major g.o.p. candidates are demanding his resignation. homeless people being used as hot spots? that is what's happening at this year's south by southwest festival. a marketing firm has hired homeless men to wander around the festival wearing t-shirts with numbers to call if anyone needs to access a wi-fi hot spot. they actually carry the physical hot spot in their pocket. the service has sparked debates all over the internet. some say the men are being used as objects and others say they're getting paid, what's the big deal? and those are your headlines. >> that's fascinating. do the homeless people -- this is what i want to find out. do they get a piece of the hot spot number if i tap into it?

>> i think you can -- >> they're getting paid. they're getting paid by the people who wear the t-shirts. essentially it's a job and if they're homeless they're probably look for a job. >> you can make this the hot spot. >> here's "the new york post," hot bumps, and there you go. new york ad agency. >> they're known for their headlines. >> mobile wi-fi zones. >> you need an i.d. to buy cigarettes and see an r rated movie but don't need one to vote. governor rick perry has tried to change that and now he's the target of the department of justice. >> and we just told you how high gas prices are costing the president politically. will his energy plan change people's minds? stu varney checking next. [ rosa ] i'm rosa and i quit smoking with chantix.

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>> white house yesterday releasing a progress report saying the u.s. is ready to meet president obama's energy goals but with gas prices at $3.81 and a gallon, a gallon, of course, and failed green energy policies well chronicled here, how is that possible? >> we talk about a lot, stu varney but this is important to americans. >> yeah. it's issue number one and the president has been forced to play defense just in the last few days. we've had three polls, rasmussen, "washington post" and again today in "the new york times" all saying that the president's approval ratings are down because of his handling and response to the gas price spike. he's playing defense. i think he looks a little desperate, quite frankly and he has no answers. he's got no answers as to what he should do right now about gas

prices. >> he's got two stats which i think you agree with. he says drilling is up in the country. and exports are up, he says, but imports are down. >> ok, let's deal with that first of all. the fact that drilling is up. yeah, it's up on private land and it's up in particular in north dakota. that's what's supplying all this extra oil for us in america. and that was -- this is when decisions are made under president obama's administration, not by president obama. president bush opened up all kinds of areas to drilling, president obama closed them down. >> stuart, yesterday, president obama went out on the road and talked about all of his energy successes and failed to mention some of the failures. >> how about green energy for start? show me a success in his green energy policy. from solyndra to beacon power -- you see all of it. look at the list. long list. those are failures. if there has been an increase in

juice, energy supplied from green sources. it's minuscule and it's not doing anything for our overall energy situation. >> and we know the keystone pipeline wouldn't have given us immediate results. it would have taken a couple of years but it was clear on friday, he killed it directly. he made the calls. i think that goes a long way to the american people. >> what do you get if you beat up on oil companies which is what the president has been doing? you get higher gas prices. what do you do if you beat up on the banks which the president has been doing, you get more expensive banking services for everybody. what do you do if you beef up on drug companies? you get more expensive drugs. what do you do if you beat up on health insurance, you get more expensive health insurance premiums, that's what you get much the president's policy is to demonize industries, make them targets, go after them, hit them hard. maybe that's good politics but it's lousy policy if you want to help people out there on the streets. >> you talk about good programming, varney & company coming up at 9:20. >> we agree on that transition.

>> coming up, virus outbreak at a hockey game. a stadium evacuated as dozens suddenly fall sick all during one of the biggest games of the year. the mets don't play hockey, do they? >> according to the christian vote, if the more religious candidates don't make it to the top of the ticket, how should the christians vote? would they be better off staying home? [ 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. ♪ one, two, three, four ♪ ♪ you say ♪ flip it over and replay ♪ we'll make everything okay ♪ walk together the right way

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>> quick headlines now. the flu being blamed for a sports complex in detroit, 25 players became sick.

arena shut down while health investigators tried to figure out what exactly happened. hot on the heels of the solyndra scandal, the department of energy's loan program slammed by a new watchdog report. the government accountability office says they are making risky loans because it doesn't follow its own standards and missing steps in its own review process. gretchen, talk about something else. >> all right. i'll attempt that, brian. thanks very much. polls in mississippi and alabama, of course, opening in just under two hours from now. at that point, all eyes will be on a key voting group that may decide today's contest. the evangelicals so take a look at this. so far, the three top candidates, mitt romney, rick santorum and newt gingrich have all received their own share of the evangelical vote in key conat tco contests up to this point. how will the evangelicals vote today? joining us is dr. tony evans. good to see you, doctor. >> good to see you.

>> it seems like they are choosing different candidates depending on which states they're in. they've chosen three different candidates. what are we to make of that? >> make of different priorities and different emphasis, the key is christians are committed or should be committed to advancing god's presence and god's rule in history. and while christians may vary as to who they emphasize to do that, that ought to be the mind set and we want to look for that candidate that's going to reflect the fact that government is really should be under god's rule and therefore, which governmental candidate, party platform or policy is going to foster god's presence in society. >> are you talking about incorporating god into politics? there's been much ado about that as of late or are you just saying the way in which the candidate lives their life? >> i'm talking about both. you can't exclude god from politics since government is supposed to reflect god in history. in fact, it is the departure of government from god that's got us in the political, social,

economic and familial chaos we're experiencing today. >> let's take a look at how the evangelical vote will matter today in alabama and mississippi. the percentage of the g.o.p. electorate in those states that is evangelical is very high. alabama is 69% and mississippi is 77%. obviously those candidates are going after these voters, correct? >> absolutely. they'll go after these voters and it is important that the christian faith be emphasized in the context of our culture today because unless god is brought back to bear and his viewpoint is taken seriously on the specific issues of our day, then we will not have the resolution. government belongs to god. when god is excluded, government is in trouble. >> i know you're not endorsing anybody but how will the voters in those two states today know who to vote for if they're evangelical since the vote has been split.

>> since the bible is the foundation of the christian faith, you have to ask what does god say about this issue? once you determine what god says about it, that ought to influence your vote. everybody is still not going to vote the same. when you come out of the voting booth, you should be promoting the divine perspective on all the issues that you face. >> all right. and you also say that even if you vote in the primary and your candidate doesn't make it all the way to the nomination, that they should solidify -- >> yeah, they should be coming out of the voting booth. absolutely. >> the book comes out today. it's called "kingdom man". thanks so much for getting up bright and early for us. >> thanks for having me. >> you need an idea to buy cigarettes or see an r rated movie even but don't need one to vote? texas governor rick perry tries to change that. why is he now the target of the department of justice? and not even a doctor's note will get you out of class at this school. a student bullied by his own teacher for staying home sick. wait until you hear how.

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♪ i just walked to find you here ♪ >> time for your shot of the morning and you're looking at it unless you're on radio. don't stare at your set. it was the cow vs. bicyclist in california. we're talking about melanie spigilmeyer, she was training for a charity race across the country and riding through an area of free range cattle and it seems she spooked at least one of them who decided she should go down so the cow charged at her. she got thrown about 30 feet. and had some scrapes and she has some bruises. we have bactene because she's expected to be ok. we'll follow this story until she gets up. >> moooo! >> by the way, tony evans was just here, your guest, right? two ways we agreed, he said, hey, brian, how are you? and he says hi, eric, i like watching you on tv. >> so he clearly -- i know who you are. i like you. so that's fine. did you notice the difference? >> he's a great guy. >> he is. very upbeat and very positive.

>> maybe when he joins you on the radio at 9:30. >> i'll be there, too. >> you'll be joining us. >> i won't be there. i wasn't invited. >> you can come as well. it will be a fun radio part. you're so busy that you told me you couldn't even stay for the after the show show yesterday. >> that's a good point. >> let's talk about the justice department because once again, they're getting involved in a state situation now. texas has a new voting law that says you actually have to show i.d. before you come into vote but now the department of justice says that discriminates against hispanics and governor rick perry says it discriminates against america. here is governor perry on the o'reilly factor last night. >> we know for a fact that there has been fraud involved in our voting process throughout the years and having a voter i.d. is one of the ways to put a stop to that. the hispanic voters in the state of texas don't want someone stealing elections either. >> exactly. i do not get the controversy

here and where it's been enacted, voting went up in terms of people showing up. look what you need i.d. for. to buy cigarettes, you need i.d. r rated movie, you need i.d. to rent a car, to get a hotel room, why is it -- to get a library book. why is it such a big deal to show i.d. in order to vote? >> because to get a vote, sometimes people don't have i.d. and so -- >> a bill -- >> but this is politics, brian. i mean, yeah, we shouldn't be surprised when it comes down to getting elected and getting a vote, people will do almost anything to get votes, right? >> again, now, this law is in place in several of the states. why is it that texas is going to be singled out? i guess because it's a border state and you have a lot of hispanics moving into the state but come on, guys, i mean, you need an i.d. to turn on the lights. i mean, your electric bill, there's so many things -- >> a beach pass. >> and the importance of the vote would indicate to me that that would be way, way, way more important than, you know,

getting into an r-rated movie. >> the university of mississippi, university of nebraska did a study and they said they've concluded that voter i.d. laws affecting turnout is much ado about nothing. are they politically motivated? >> interesting, the other side of the argument is some hispanics have to travel 175 miles round trip to be able to actually go get one of these i.d.'s. and that that would then preclude them from going to get the i.d. and preclude them from then going to vote. seems complicated. but anyway, let us know what you think about that. you can e-mail us or twitter us as well. >> back to washington for at least 41 roman catholic bishops now they hope to restart talks with the white house on the controversial contraceptive mandate. >> and joining us now, is heather nowiart fresh off the "fox & friends" first show. >> this is a big meeting for the u.s. conference on bath lick bishops. 41 of them heading to washington to figure out how to approach the administration on this.

these talks are ongoing on the issue and the administration feels they have compromised with the catholic church on this issue. catholic church says heck no, this is no compromise. that's because some catholic employers including hospitals, schools, etc., who self-insure, who act as their own insurance company will still be forced to pay for contraceptives, contraceptives, sterilization, etc., things that are against the teachings of the catholic church so basically, the administration and the catholic bishops cannot come to any agreement on this. how do they approach things? one potential thing is a lawsuit in the future. the courts could end up taking up this issue. >> and by the way, the administration considers this plan a compromise. where do they expect to go? he's got to be concerned in pure political terms about the catholic vote which he carried last time. >> that's right. a lot of people are asking what is congress going to do about this? you covered the blunt amendment. congress doesn't have the appetite, i don't think, for bringing this thing up again. they want the bishops to handle it, the catholics to handle it

and they're doing a pretty good job talking about it. it's something that's consistently being talked about in masses across the country. again, this isn't just a catholic issue. there are a lot of evangelicals christians jumping on board saying this is a religious liberty issue, the administration should not come in and tell religions how they can handle their faith and what they can and cannot do. >> that's what it is, it's a religious freedom issue, whether or not that message has been sent out correctly is to be debated but the obama administration has thus far many people argue won the argument because they turned it into a women's issue. >> right. and now you hear from a lot of women who say hands off my health care, my reproductive rights but you talk to a lot of other people and they say it is their personal liberty issue and an administration should not come down on churches and tell churches how they should handle things. >> see how they actually did turn the dialogue towards a women's issue. how did they square -- how did they finish it with the bishops?

because the bishops aren't happy right now. >> right. and one of the things that the bishops do say is that there's really a split and the administration is trying to take advantage of this split because there are some catholic employers who are agreeing with the administration on this but yet, the catholic bishops whose job is essentially to oversee all of the catholics in the united states, to see that catholic policy is adhered to in the united states so there's a split there. the administration tried to take advantage of it. don't know how the bishops are going to come to any sort of an agreement with the obama administration because the administration says well, we've tried to accommodate the catholics on this issue. but really, they haven't. truthfully they haven't and that's because the catholics, whether or not the administration agrees with it do not believe in paying for these things, do not believe in covering these things. >> all right. heather, thank you so much. >> continues to go on. >> thanks, guys. fox news alert for you right now, new pictures out of atlanta where a delta plane has rolled off the runway. a delta airline spokesperson

says mechanics were testing the engines of the 737 when they experienced a problem with the braking system. that was 5:00 a.m. this morning. no passengers were on board when the plane -- when this happened to the plane. we're told there's significant damage, though, to the plane. but still no word of how this could delay other flights in and out of the nation's busiest airport today. >> a muslim convert due to answer rare state level terror charges in a new york city courtroom. he will be arraigned later this morning on charges he built a pipe bomb to attack police, soldiers and other government targets. his defense says police used a self-serving informant to go after a down on his luck loaner. better expand on that. >> state of minnesota one step closer to being a right to work state. >> despite a loud union protest, the senate committee approved a congressional amendment making union membership voluntary and the protesters were so angry,

republicans who voted yes had to be escorted out of the building by troopers. the bill still has to go through the full legislature before it gets to the november ballot. gretch? >> policymakers for the federal reserve meeting in a few hours today but they're not expected to take any major action. they'll likely maintain their pledge to keep short-term interest rates at a record low until at least 2014. the fed hopes the low rates will push consumers and businesses to borrow more and spend more. economists say they will likely note the rise in created jobs even though unemployment is still at a historical high of 8.3%. >> eighth grader from florida bullied by a teacher. boy missed school because he was sick so she made him wear a note around his neck that read -- >> i decided to come to school today but i decided not to come to school during that. >> how does that make you feel? >> worthless. >> i put it on and the whole class started laughing.

>> they made a big deal about his absence because he missed an exam. >> it's like sending my kid with a dunce cap through school. kids are mean. i want her to feel the hurt that he felt being humiliated by the kids. >> the mom wants the teacher suspended without pay for two weeks. the school board says that's not going to happen. >> all right. remember this guy? he switched parties to become the 60th vote on obamacare but now, arlen specter says the president wooed him and then ditched him. so now he's dishing the dirt. >> have a throbbing tooth? or a headache? sounds simple but it may be time to call the doctor. the medical a team here next with the top five symptoms you cannot ignore. turn left.

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the freedom you can only get from hertz to keep the car you reserved or simply choose another. and it's free. ya know, for whoever you are that day. it's just another way you'll be traveling at the speed of hertz. >> some quick headlines for you if you're just waking up. former republican turned democrat senator arlen specter says he felt betrayed by the president. specter says after he cast the crucial 60th vote to pass obamacare, then the president ditched him and didn't do enough to help him get re-elected. specter promises to put the juicy details in his memoir "life among the cannibals." and it was a very close encounter for venus and jupiter last night. you're looking at a picture of the planets over north carolina. their gap has been narrowing since last month and they're now just 3 degrees apart. what does that mean now, brian? >> it means it's cheap time for travel between planets. >> thank you. >> if you're looking to go from venus to another planet, now is

the time. think the trip to the doctor's office can wait? think again. there are five symptoms that you should absolutely not ignore. fox news medical a team dr. david sumadi here to explain. thanks for the quick turn around. are you ready? >> let's do it. >> let's go through the top five. got some severe head pain, i'll take some aspirin and forget about it. >> a lot of the headaches are migraine . it's pulsating, it's on one side, unilateral, there's some nausea with it and they're also disabling. but if you have severe headache that's not going away, you want to make sure that you get to the emergency room and have it checked because there could be some blood in the brain that can cause severe damage. >> aneurysm or brain tumor. >> so make sure you check it out. >> a throbbing tooth. ok. my tooth hurts. what's the big deal? >> remember last time you had a little ice cream and got that sharp pain going on? once or twice it's ok. if it's ongoing, you want to make sure you see your dentist

and make sure there's no decay or really damage to those serves because bacteria can get in and we also have in the past have talked about the fact that you want to take care of your teeth to prevent any heart disease and there's a link between these two. so make sure you see your dentist for a checkup every six months. >> i've seen the listirene commercials and you should fight gingivitis. >> you pay too much attention to commercials. >> sharp pain in your side/abdom side/abdomen. >> a lot of times this is a result of having bad food but if you get a severe pain on the right side of your abdomen that's not going away, that's usually something to do with appendix or appendicitis. in women, we talk about ovarian cysts that can twist, it can burst. if the pain doesn't go away, go to the emergency room and have it checked. but a lot of times it's just plain abdominal bloating and gas. >> could end up being food poisoning or you could have something even more serious like an ulcer.

passing chest pain. >> chest pain is a big deal. of course, it means that you may have a heart attack. but it's also confusing because if you have reflux after spicy food, it can present exactly look a chest pain but typically the heart attack is the pain that's on your chest almost like an elephant that's sitting on your chest, radiating through your left arm. doesn't have to be like that. and there are a lot of people that may have heart attack without having any sign of chest pain. if you have it, you have history of cardiac disease, go to the emergency room. have them get an e.k.g. and find out if you have any heart disease. >> all right. leg pain with swelling. >> that's always a big concern. you sit in the plane. you're traveling for six hours. you get off the plane and all of a sudden, you have severe pain down in your calf and there's swelling. what happens is the blood can go down to your leg but there's nothing to bring it back. you may have a blood clotting in your leg called d.v.t., that's lethal. if the clot travels to your

lungs, it can kill. if you have that, don't blow it off. make sure you check it and get a doctor to make sure there's no clotting. >> one of the things you can avoid that is walk around. don't get in the seat unless you're told to thank you very much, i'll be helping you out there. i'll scrub up. >> nice to see you. >> meanwhile at 11 minutes before the top of the hour, imagine seeing this on the road. >> how old are the kids? >> probably 4 or 5. not anywhere near 16 and not anywhere near old enough to drive. >> wait until you hear what his mom was doing. then a new law makes it a crime to protest the president. is that legal or another crackdown on free speech? the judge takes up the case. that's the same path that stuart varney walked in a half-hour ago. such a small world. [ male announcer ] have you heard?

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>> to a bill that's received very little attention but may make free speech a felony and seriously restrict your right to political protest just signed into law by the president, hr-347 gives federal agents sweeping powers to arrest and bring felony charges against citizens engaged in protests where the secret service is present. joining us now with more, fox news senior judicial analyst, good friend judge andrew napolitano. judge, the thing that strikes out, jumps out off the page. felony? >> felony means more than a year in jail. this is not like a traffic ticket. for standing and protesting, the type of thing that for 230 years americans took for granted

because it was protected by the first amendment, congress shall make no law abridging the freedom of speech has actually been abridged. but legislation the president signed last thursday supported overwhelmingly by both parties with very, very little public debate and very little debate in congress basically allows secret service agents to decide where there are no free speech zones. not speech zones. no free speech zones. and anybody by the secret service can -- protected by the secret service can ask those agents to ban protests wherever they are. i can think of three violations. speech violations. association violations, the right to petition the government for a redress of your grievances. what good is free speech if the people in the government are so far away from you that they can't hear you. >> what about keeping our elected officials safe? >> keeping our elected officials safe is entirely different from insulating them from protest. the fact that the president is going to a hotel up the block

should not bar you from standing across the street with a sign or with a bullhorn saying what you think about the president's policies. that is not a threat to him. and it is a part of american history since day one that we have the right to speak freely to, about and against those in the government. >> judge, you think this is going to be one of those laws that is on the books but not enforced? >> i think it's one of those laws that's going to be enforced when the government wants it to be enforced. problem is it puts a lot of unbridled discretion in the hands of secret service agents who may very well say you've had a rough day. we'll keep everybody away from you. you know what? the crowd likes you. we're going to let you hear them. that's suppressing speech on the basis of its content and that has been expressly proceed hiblthibl hiblthibl hiblted -- prohibited from the first amendment since day one. >> aren't the secret service present all over washington, d.c.? >> they are and that's a great question because this law allows

the president to give secret service protection to whoever he wants. i'll give you a bizarre example. his campaign managers are coming to washington to confer with him about the campaign. he can give them secret service protection. and then the secret service can say to the kids in the streets, you can't shout at david axelrod because -- the campaign manager because the secret service is protecting him. this is a slow, creeping destruction of some of our basic liberties and the president signed it in secret. >> now, some of the secret service are going to be providing services for the candidates now as well. >> correct. correct. >> so people aren't going to be able to have their opinion about the candidates now? >> if the secret service so declares, you won't be able to shout at them. >> got to go. the economy is not -- the economy is not bad for everyone. one girl bought a home for just 12 grand and now she's flipping it for lots of cash. when i say girl, i mean it. she's just 14 years old. [ male announcer ] where's your road to happiness?

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>> top of the morning to you. it's tuesday, march 13th. i'm gretchen carlson. thanks for sharing part of your day. voters about to decide two crucial contests in the south. could this be newt gingrich's last stand? the former speaker here live to share his strategy. >> all right. talk about a bad start to your morning. a plane just rolling off the runway at one of the country's busiest airports. the breaking details straight ahead. >> all right and brian ace best friends are back. victoria's secret supermodels making a pit stop on their tour right here on the curvy couch. "fox & friends" starts right now. >> like how you said that, eric bolling sitting in for steve. brian's best friend, the victoria's secret models. you can't get in on that

segment? >> you just had the judge, isn't that enough? >> i saw that on run down last night. bolling will be with the victoria's secret models and mehow it changed overnight. >> that's called a mirage. >> they have some exciting news to announce. >> i don't know what it is. >> i can't give it away. >> showdown in the south today. primary day in alabama and mississippi, 37 delegates from mississippi, 47 in alabama. they are proportional. it looks line the cop three contenders, romney, gingrich and santorum will all walk away with some delegates. who will actually be the winner today? you know it's anyone's guest right now. the polls have pretty much tightened. newt gingrich, of course, needs potentially to win one or both of these to remain viable. but he'll be on the show later on to discuss what his strategy is going to be and santorum and romney would like a win, too. >> would you try to focus on the main issue and that is as eric knows, american samoa and if you

do not know what -- you know, what floats their boat, you should not be president of the united states. >> and that was the big win the other day for romney was guam. once he won guam -- >> no president has ever not won guam, did you know that? >> i did not know that. >> just made that up. >> their poll results won't be coming in until the time we get up tomorrow morning at 2:00 a.m. >> the story so far in all seriousness with the election is has to be how mitt romney is playing in the south. he's got a legitimate shot at both states where about two weeks ago, it looked like third is the best he can do. a battle between santorum and newt gingrich. gingrich has basically said i'm not dropping out. we'll ask him again but i need to do extremely well this weekend and rick santorum saying, do me a favor. focus on illinois. because i'm going to do really well there. >> it is interesting to look at illinois if you fast forward a little bit because right now, it's a close race between romney and santorum and you could argue that illinois is a little bit more liberal state than alabama or mississippi. in the meantime, rick santorum

explains why he believes the republican nominee should be what he deems a true conservative. >> look, we need to dominate a conservative, if we don't nominate a conservative, you've seen it. we nominated john mccain. we no, ma'am noitd back dole. we nominated jerry ford when bush ran for election in 1992 after raising taxes. we lost in all of those races chls we need to nominate a reagan conservative. if we do that, that's why we're going to stick this out and win it. >> meanwhile, mitt romney has a big day. if he wins either mississippi or alabama, it will go a long way for all those who say he can't win a southern state or evangelical state. it's maybe the thing he needs to push him forward. >> i laugh because i'm reading this stuff over the weekend because i wasn't here and i'm saying to myself, i cannot believe he's doing this. saying it's an away game. i tried catfish twice and i

really liked that. >> the candidates -- you mean down playing the fact being -- >> yes, compete. >> they have to, though. i think to a certain extent, the candidates have to do this because it's been a topsy turvy election cycle. for anybody to be presumptuous, it could be a death knell. >> you are so relaxed. both you guys, you're just like doing this today. >> it is a couch for goodness sakes, you know, it's not one of these straight back chairs. >> you do that. >> but did say cheesy grits. and mitt romney did make his standard mistake which was hey on an alabama radio station, where is peyton manning going to go? he said, i don't know. i'm good for the dolphins and one other team. >> so that's been one of the arguments against mitt romney is that can he relate to the average folk? well, he actually says that for rick santorum to be able to relate to them and to pull off this nomination, it would be the

m word. a miracle. >> everybody has a scenario where they can become the nominee. that's fine. that's why we have a primary process and so far, we've got, i don't know, two, 2 1/2 times as many delegates as he has and millions of more votes than he has and, you know, that's the nature of political process. if he's able to pull off a miracle, so be it. he'll be the nominee. >> so -- >> doubling down. >> yep, doubling down. there's a third person in this big race today. that's newt gingrich. and he has repeated his comments again that he believes that mitt romney is the weakest frontrunner in almost a century. listen to this. >> governor romney will get at most one out of every three delegates. once again, he will fall dramatically short. he may be the frontrunner but he's the weakest frontrunner since leonard wood in 1920. and i think the odds against him being able to get 1144 delegates is very, very high. i think he's more likely to be a frontrunner who ends up not

finishing the race. >> so that will be interesting because if things go well for him, he could win by april 24th which is new york. and make new york one of the first time we've had an important primary in this state since 1976 with gerald ford. >> you're sounding like newt gingrich. you know your history. >> i do and again, in the after the show show, nothing but this guy leonard wood. we'll be talking about him. >> newt is going to be on the show. i want to ask him about his $2.50 gas prices. i think he can do it. i really do. i think there's ways to do it and i think he's on it. >> jay carney, the president's spokesperson called him a liar about that. we'll ask him that question. the political analyst dick morris who you often see on fox news says he knows how this whole system works. he's been around for some sometime and he's saying the g.o.p. stands a chance against obama but they need to pick the nominee now. not go into a brokered convention. dick morris. >> if mississippi and alabama vote for gingrich tomorrow,

that's a vote for this thing to go on and on and on and the only way newt or santorum can win this nomination now is to deadlock it until the convention floor and, you know, my job is winning campaigns and as a professional, i'm telling my friends in alabama and mississippi, we can't win this election if we don't have a nominee until september 1st. >> i'm not sure what that means, though. when he said that. my job is winning campaigns -- i mean, your job is beating the incumbent democrat? i'm not really sure because i think santorum and gingrich still think they can win a campaign, right? >> what he's saying is you wouldn't have a chance to go up against the obama machine of a billion dollars if you're not starting that effort as the solo candidate on the republican side until september 1st. >> well, i would -- >> i know you are like -- >> need to clarify that a little bit. >> i think that's what he meant. >> here's the joke. i mean, in february, they're saying the republicans have no shot and now head to head in

march with the president's approval rating dropping nine points, they're beating the president head to head. at least mitt romney is and rick santorum is within striking distance. this is so early. it's like looking at the college basketball season in november and telling us who is going to win the final four. you have so much more season to play and you have conference tournaments to win. >> i totally agree with that analysis. in meantime, there's a big controversy going on down in texas because should people have to show i.d. when they come to vote? you know, you have to show i.d. now to buy sudafed. you need to show i.d. to get an r rated movie, etc. rent a car, etc. get a beach pass where i leaive! now in texas, the department of justice is potentially going to sue texas or at least try to stop them from requiring voter i.d. they say it discriminates against hispanics. >> you know, i'm wondering, you know, rick perry got into a few skirmishes during his time on

the campaign about him offering illegal in state tuition. i'm wondering did they need an idea to prove -- to get that deal on the in state tuition. if they don't, wouldn't you think you would need an i.d. to vote? it's such an important issue, voting for the president of the united states. >> governor rick perry asked this last night. >> we know for a fact there has been fraud involved in our voting process through the years and having a voter i.d. is one of the ways to put a stop on that. the hispanic voters in the state of texas don't want someone stealing elections either. >> you know in 2008, as you guys know, this whole thing went to the supreme court. and by a 6-3 margin, the supreme court says yeah, requiring indiana voters to have i.d. is fine. at a vote of 6-3 and the most liberal judge on the panel, john paul stevens wrote the majority opinion on it. what is he even talking about? >> because they're treating texas differently. >> true. >> texas is a unique situation because there's proximity in

mexico. i guess that's the -- that's the deal. >> it should be clarified, though. >> all right. we'll continue to debate that. let us know what you think about it. you can e-mail or twitter us. take a look at these incredible live pictures coming from heartsville jackson atlanta airport right now where a delta plane just rolled off the runway. a delta spokesperson says mechanics were testing the engines of the boeing 737 when they experienced some type of problem with the braking system when the plane veered off the taxiway, no passengers on board at the time. we're told there is significant damage, though, to the plane. and no flights so far have been affected. new video just into "fox & friends" showing the first protests since the killing of 16 civilians in afghanistan. hundreds of students there now calling for the public trial of the 38-year-old american soldier accused of carrying out that vicious attack. so far, we've learned that he's

a married father of two who apparently suffered a traumatic brain injury but was cleared to serve. also overnight, taliban militants opened fire at that same site where the shootings happened and an afghan delegation was visiting at the time. one person killed, two others injured. despite the rising tensions, the white house says its war strategy will not change. a shock for a driver in austin, texas who spotted a 4-year-old driving a car. >> probably 4 or 5, not anywhere near 16. and not anywhere near old enough to drive. so dangerous. i've never seen anything like that. >> the child was sitting in the passenger's seat but steering the car. when police showed up, the mom took over and led them on a high speed chase. she was eventually blocked by traffic and arrested. the child was not hurt. no word on exactly why the mom had the child take the wheel. >> or ran from the cops. >> and those are your headlines

this morning. >> i can't believe that kid drove that straight for that long. wisconsin governor scott walker could lose his job for cracking down on collective bargaining. wait until you hear how much money he saved the state. we're talking millions. >> then next stop on the tour, the "fox & friends" studio, victoria's secret models are back to heat things up this hour. >> not much room on that couch. ♪ i am you ♪ you arme i'm jennifer hudson and i believe. i was strong before weight watchers, but i'm stronger with it. i believe weight watchers can do the same for you. i believe you have more power than you think you do. i believe because it works.

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check out the latest collection of snacks from lean cuisine. creamy spinach artichoke dip, crispy garlic chicken spring rolls. they're this season's must-have accessory. lean cuisine. be culinary chic. >> you may remember these demonstrations from wisconsin

about a year ago. teachers unions and protesters rallying opposition to governor scott walker and his anti-union bill. if you recall, the governor passed a law that ended collective bargaining in that state and overhauled their budget. one year later, a new report shows that governor's anti-union bill may have saved at least $162 million for wisconsin public schools. joining me now with more, founder of the education action group kyle olson. good morning to you, kyle. >> good morning. >> so let's break that down a little bit more. the top three districts in wisconsin saving so far under the governor's new law in ra seen, $19.2 million. madison $15.5 million. green bay, $11 million. your take on that, kyle? >> i think it shows that his reform is working and the purpose of our report is to show the way the situation was prior to act 10 which was the collective bargaining reform and what we did is we interviewed

numerous elected officials, district officials where they talked about how collective bargaining was outdated, how it was very restrictive, it really tied the hands of school boards so they couldn't make prudent financial decisions in order to be fiscally responsible and create sustainable school districts. >> so basically what act 10 does is it puts the authority, the spending authority back into the hands of the school board members and here's a startling statistic. before act 10, 80% of the budget was controlled by the union, right? and so when school boards looked to try to make cuts, they could only look at 20% of the budget, correct? >> correct. so what they would do is they would eliminate programming. they would lay off teachers. they would do all of those sorts of things that essentially run contrary to the union message but clearly not to their everyday practice. >> so now, unions are limited to bargaining only over their

salary, is that right? >> that's correct. so what's happened and we get into this in the report is the union has what's called wea trust, it's pet health insurance company and what would happen is they would bargain that at the collective bargaining table in the contract process and then funds would be utilized by the union in order to do the bargaining process in those sorts of things. now, what can happen is the school district doesn't have to negotiate that at the table. and so they can go out to other companies, get bids, save dollars. and again, put more resources towards the classroom. >> ok, what does that mean for the governor right now? there's a recall effort in wisconsin to get him out of office. >> that's right. well, we have a chart in our report which was produced by mcgyver institute based in madison. they looked at about 100 districts which is about 1/6 of

all the school districts in the state and they showed that those -- just those 100 school districts saved an estimated $162 million simply because of these reforms. and so basically, what is happening is school districts are saving dollars. the unions see this. and they're doing everything they can to recall scott walker. and so what i would encourage everyone to do is take a look at a report at educationactiongroup.org and look what's happening. look at how school districts are saving dollars, they're putting interest towards the children. and make your decision about whether or not this was the right move for wisconsin. >> all right. kyle olson breaking down what's going on in wisconsin for us. next time around, we'll get you a better ear piece. i see it's problematic for you. have a great rest of the week. >> thank you. >> the economy is not bad for everyone. meet the 14-year-old who is now flipping houses. how is she doing it? and liberal hollywood loves to tell you what to think and how to vote. do they practice what they

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>> i'm going to steal brian's favorite little thing right here called news by the numbers. first $45 million. that's how much j.p. morgan chase is being forced to pay after accusations they cheated veterans and taxpayers by hiding illegal fees in home refinancing transactions. next $500. that was the ransom for this little guy before cleveland police rescued the pup in the sting operation.

three men are facing charges for dognapping and $12,000, that's how much this teenage girl paid for her own home in florida. the 14-year-old went halfsies with her mom on the distressed home. they fixed it up and now it's being represented out. that's called being an entrepreneur. >> president obama is gearing up for his re-election campaign and he's once again relying on hollywood support that he got back in 2008. are those celebrities who are backing the president's policies practicing what they preach? jason is here, author of this brand new book "hollywood hypocrites the devastating truth about obama's biggest backers. "it's a lot of b's and lot of juice in this book. you said the hypocrisy with the hollywood community. >> absolutely. that's why i wanted to write "hollywood hypocrites" because hollywood is looking to sell us obama, market him like an ipad 2 like they did in 2008 and obama is relying on them not just for money but him being sold on the big screen. you look at the opening salvo,

tom hanks narrating the obama re-election video. what i wanted to do is see if the hollywood tinseltown crowd, obama's chief supporters, do they live by the same policy prescription that obama seeks to inflict on the rest of america? and they don't. >> and give us some of the names of the people who are donating to the obama re-election campaign. >> for example, harrison ford. >> harrison ford. here you have a person who is a big global warming propagandist. he cut a commercial for conservation international a few years ago pretty much getting his chest waxed on television to show that the pain, the environment feels when we low carbon dioxide into the air is like the pain of getting his chest waxed. he owns seven airplanes and he says he actually flies up the west coast just to get a cheeseburger. a cheeseburger. >> by the way, i remember seeing that scene from "40-year-old virgin" that's a very painful chest scene with steve carell.

barbra streisand talks about global warming. does she ever shut off her lights in new york city? >> no. in fact, it costs her $22,000 a year to water her garden, to water her lawn. she actually has on her web site little tips for us to go about and help the environment like change your light bulbs and not run your dishwasher until it's full and here's someone not only having $22,000 a year in watering her garden and law, she requests 125 bath sized towels when she checks into hotels and in her concerts she has 13 53 foot semitrailers, a hollywood hypocrite that does not live by the same standard. >> bon jovi and springsteen, they're not skimping on, the carbon footprints has to be huge. >> we thought bon jovi was a cheese ball rocker from the 80's. he actually classifies himself as a bee farmer to write off 98% of his property taxes while he

decries tax cuts for the rich. >> wow. so -- >> and bruce springsteen also. >> same thing. he is also a farmer. and bruce springsteen, he talks about the social contract with america is evaporating because again, we have more tax cuts to the rich and not funding property programs. bon jovi only on his six acres of land in new jersey pays $104 in property taxes. because he's able to exploit some arcane loophole. $104. it costs more to highlight the dude's hair than he pays in property taxes! >> it's all in hollywood hypocrites out now. jason, thanks so much. congratulations on all your research in doing this. you heard it right here on "fox & friends", governor chris christie calling a navy seal an idiot? >> let me tell you something, after you graduate from law school, if you conduct yourself in the courtroom like that, your rear end will get thrown in jail, idiot. >> does he regret what he says?

not a chance. the governor goes one step further. >> this very sexy tour is coming back, they have exciting news about their clothing. [ male announcer ] if you believe the mayan calend, on december 21st, polar shifts will reverse the earth's gravitational pull and hurtle us all into space, which would render retirement planning unnecessary. but say the sun rises on december 22nd and you still need to retire, td ameritrade's investment consultants can help you build a plan that fits your life. we'll even throw in up to $600 when you open a new account or roll over an old 401(k). so who's in control now, mayans?

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>> time for your shot of the morning now. check out the powerful new ad for the united states marines. >> there are a few who go into chaos, ready to respond at a moment's notice. when the time comes, we're the first to move towards the sounds of tyranny, injustice and despair. they are forged in the crucible of training. they are the few, the proud,

the marines. >> that's inspiring and that ad campaign now running on tv, facebook and you tube. >> worth every cent. >> right. you heard it right here on "fox & friends." governor chris christie calling a navy seal an idiot. >> let me tell you something, after you graduate from law school if you conduct yourself like that in the courtroom, your rear end will get thrown in jail, you idiot. >> does the governor regret what he said? not a chance. >> absolutely no regret about it just because he was a navy seal doesn't give him the right to be a jerk. just doesn't. >> the governor criticized the navy seal who was also a one time democrat candidate for state assembly when he kept interrupting him during a town hall, christie said the navy seal had a political agenda and trying to make him look bad. the navy seal says christie is a bully. brian? >> former white house

communications director anita dunne not listed in the credits of the hbo movie" game change" but has direct ties to the film that bashes the 2008 mccain-palin campaign. dunne's p.r. firm organized a hollywood style movie premiere of "game change" in washington. her firm representing georgetown student sandra fluke making the rounds advocating contraceptive coverage. >> the state of minnesota now one step closer to being a right to work state. despite a loud union protest, the senate committee did approve a constitutional amendment making union membership voluntary. the protesters so angry, republicans who voted yes had to be escorted out of the building by troopers. the bill still has to go through the full legislature before it gets to the november ballot. >> ok, brian, in my right hand, i have sports.

in my left hand, i have victoria's secret. which one do you want? >> i can't have the models and do sports? >> no, take your pick. >> all right! i'll do the sports. randy moss couldn't stay away from football. the receiver agreeing to a one year deal with the 49ers. moss hasn't played in a year. he had a rough 2010 season. he was bounced around from the patriots to the vikings to the titans. he could be, though, the deep threat the nfc west champs have been looking for. moss has had more than 10,000 receiving yards in 10 different seasons. and we know he can lead a team on the field so why not lead a country? a fan launching a web site urging peyton manning to run for president. the headline reads "conservatives need a champion, peyton manning needs a job." also calls the quarterback a man with class. and someone without scandal. we've learned manning met with the dolphins for several hours yesterday and there are reports that he could make a decision of

where to go as soon as later on today. brian, over to you. man with class. >> thank you very much. let's take a quick look at your weather. it's unseasonably warm around the country. i knew that. i had my shirt off before i walked outside. it wasn't even cold. it was 83 degrees in st. louis, missouri, yesterday and the temperature in here is quite hot. and that is my transition to victoria's secret models. back with us and candice who is back with us right here sitting next to me with some exciting announcements. welcome back, ladies. >> thank you for having me. >> you've excited everybody and you're always so happy. why are models so happy, candice? >> i mean, because we have the best job in the world, i suppose. >> yeah. and tell us how you were discovered again. >> i was doing my first college campus visit to university of miami. and someone just scouted me on the beach. >> did you go to -- did you finish school or go right to modeling? >> i finished school through correspondence because i had my senior year left so that was pretty simple and got my diploma. >> right. candice, you in a mall?

>> at a flea market in south africa, actually, i was shopping with my mom and yeah, just went crazy from there. >> right. went crazy and it's been going great and love to have you here. you have some exciting announcements and you're holding them. >> we are. >> all right. first, start with this exciting new scent? what does it smell like? >> it smells like apricots, iris and amberwood and it's very yummy. it's very sophisticated, sultry scent and it's a really great way to kind of make your spring a little bit sexy or something a little more feminine and more flirty. >> fantastic. >> i love it. >> i understand it's perfectly paired with the very sexy bra collection that you're holding. >> so we're doing this tour to launch these new bras and fragrance and we started in miami and we're here in new york. erin goes to chicago. >> my hometown of chicago. >> and i go to dallas. >> that's fantastic. >> and you've already been to miami.

that's fantastic. >> i understand that the key to bra success is invisibility -- is invisibility. is invisiblibility. is that correct? >> you need a bra that fits with many different styles of clothing that you can wear day and night. easier the better. >> the very sexy collection is one of our best selling pushups because it's meant for wearing under tight dresses and tight tops especially in, you know, the warmer months where you want to have a beautiful hourglass figure but don't want -- you don't want anything showing. >> that's what i'm so fascinated for all this material. everything was secret until now. >> who invents -- who is working on bra technology? is it men or women? >> i think it's a mixture of people in the offices. i don't know. they're cooking up loads of things. the fragrances as well. >> when they come up with a great idea, is it like discovering a vaccine for an illness?

do people go i got it? this just in or a gradual process? >> sometimes we make new bras up at work. >> you do? >> you come up with new bra? >> i'm stealing one from russell james, our photographer. but the quadraculas. >> this is fantastic. quad meaning four. that doesn't work. >> four cup sizes. we think of things all the time at work and we play with it and, you know, we give our suggestions when we can. and it's just fun. it's a fun process. and i think lingerie should be fun. and it's -- it's something that should make you feel good and make you feel sexy and it's not too serious, not too much, you know, too much brain work about it. it's just looking good. >> when i get up, i feel sexy and john has told me i am. when you get up, do you feel sexy, candice? or is it a matter of getting dressed? >> this morning, i didn't feel so sexy when i woke up. >> it's too early! >> the time change. >> yeah, that was three days

ago, ladies! get used to it. >> my clock was set to the wrong time. >> who's proudest of your success? >> my parents. >> they just love that you're doing this. >> yeah, they're very supportive. they're going to be in chicago is the next stop of our very sexy tour. >> what about you in south africa? have they been tracking what you're doing? >> my family is very proud. it's hard because they get things a little slower down there and also my brother is really proud. >> i want to make an announcement to all the sponsors of the commercials waiting we're not going to take the break and going to go right through and i have more questions and it's got to continue. i'm only kidding. i got to get out, i'm getting yelled at already. you have a four city tour. one down. chicago and then, of course, dallas and you're here in new york. and just you two. can you handle it? >> yeah. i mean, we're going to be today 12:00 to 2:00 in the store meeting fans and everything. >> which store? where? >> harold street. >> harold square. >> so you'll be there and you'll be nice to them? >> super nice.

>> no, we're so mean. >> no, i can't see that. it's going to be great. go to harold square, get on line. >> we're taking photos for twitter and facebook and that fun stuff. check out the new stuff for spring. >> how do we follow you on twitter? >> i'm angelcandice. >> all right. great job. great to see you. >> good to see you again. >> thanks for stopping in in the middle of your tour. sadly, we have to move on. coming up, though, from hotels and health care to computers and booze, the top five companies hiring right now. and the white house spokesperson called him a liar. newt gingrich is here live to respond to jay carney. @? [ kate ] most women may not be properly absorbing

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>> this month's jobs report showed an upswing in people heading back into the work force and today, we're looking to help you get a job as well. here with the top three companies today hiring right now, the fox business network's cheryl casone. cheryl, sorry, we have newt coming up. >> let's start with sterling jewellers. this is a retail chain. they own jerod and they owe kay jewellers. they're hiring. they need sales people, managers. here's the thing. a the lot of these jobs especially the full-time jobs come with full benefits. they have 401k, it's a company and they get discounts and they'll train you. the thinking is if i'm going to work at a jeweller i need to have some kind of degree or certificate. you don't. they'll train you and pay you at the same time. there is commission based. part-time jobs don't have benefits. >> want to move on. does that mean the jewelry business is good? does that mean the economy is coming back? >> look, good sal -- gold sale

come on. yes, kay jewelers have been doing a lot better. the industry itself has consolidated a little bit. let's move on to trugreen, this is a great company. 780 positions filled but they still have 4500 positions still open right now. they have headquarters in memphis. oh, they've got call centers but they need, of course, lawn care specialists. this is lawn care. and they also offer, again, depending on the type of job that you have, you can get some benefits, dallas, tampa, they have those cities available as well to hire. >> red ventures. >> technology company. this is marketing, technology. it was a tech company started in a basement by a couple of guys. 2000 was the year. here they are. they've been growing, they've been hiring. this is kind of old school technology because they've got a gym on site, they can offer you meals. they have group outings and sporting events and it's one of those old school technology companies. >> catch me i'm falling?

>> exactly. they were named one of charlotte's best places to work a few years running but again, technology jobs. i'm finding a lot of those. >> we do it every week. next week we'll be back with five. >> sounds good. >> thanks for joining us. the white house spokesman calling newt gingrich a liar? really? that's not sitting well with newt. he's here and he's going to respond. but first on this day in history in 1979, "i will survive" by gloria gainor was the number one song. [ 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. with determination. courage. and all the points i earned with my citi thankyou card.

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>> it is a showdown in the south today with alabama and mississippi both holding primaries. but what does newt gingrich say

to those who say the southern states are his last hurrah? joining us now is presidential candidate mr. newt gingrich. good morning to you, mr. speaker. >> good morning, nice to be with you. i guess what i say to them is it's a pretty long hurrah. we have kentucky and arkansas coming up. we have texas which is the second biggest delegation. then we'll go to southern california in the end. so i think we have a long stretch ahead of us. we also have nonsouthern places like wisconsin and delaware, pennsylvania, maryland. we'll be all the way to tampa. >> now, you have missouri with 30, mississippi with 37 and then you have 47 delegates at stake for alabama. so i'm wondering, mr. speaker, not many people are surprised that you're among the frontrunners. are you surprised that number two is mitt romney? >> a little bit although i think the -- you have to be here to see the sheer weight of his money.

when you have as much wall street backing as he does, and as many billionaires and super pac as he does, you can compete almost anywhere just by sheer weight of robocalls, direct mail, advertising, what have you. but as the frontrunner nationally, he's probably going to get 1/3 or less of the delegates tonight. that's a pretty weak showing for a so-called frontrunner and i think it illustrates why this is going to go on a long time. lost kansas badly to santorum. i think he's going to lose tonight here in alabama and mississippi. >> all right. mr. speaker, we know you called mitt romney a weak frontrunner, one of the weakest since 1920 but he was here yesterday, mitt romney and here's what he said in response to that. >> if i'm a weak frontrunner, what does that make newt gingrich? i'm well ahead of him. but ultimately, i believe i'm going to become the nominee and the reason is we want to have someone who can actually beat barack obama. both newt gingrich and rick santorum spent their life in washington. and if people think you just need to have the same people go back in different chairs and fix that place, i think they're

wrong. they want someone from outside washington to go fix it. and i'm going to. >> mr. speaker, do you want to respond to mr. romney? >> well, sure. first of all, i think given the weight of his negative money, all of us have a challenge getting our messages across. but the fact is if you look at who the lobbyists give to, it's mitt romney. if you look at who the insiders give to, it's mitt romney. if you look at who wall street gives to, it's mitt romney. as governor when he signed romney care, who did he say was his number one collaborator? ted kennedy. romney care is the forerunner to obamacare. the idea that the republicans are going to try to beat obamacare with someone who offered romney care strikes me in the end as a dead loser. how are you going to distinguish in the debate between those two? i think what will happen is he'll have the most delegates but not a majority. i think when we're done with this after texas where i think i'll do very, very well and california which is the last big state to vote, we're going to run a 60 day discussion and people are going to have to look at who could really beat barack obama and i think that will be a

very -- it will be historically for you guys, the most interesting possible process leading up to a real convention. >> so obviously, even after tonight, you're still in this race. this is the message we're getting from you today. nobody can argue with you about is you're a man of many ideas you and came out with this $2.50 gas video a couple of weeks ago. and now, you're engaging the white house to have discussions about this. the president's spokesperson jay carney has criticized your gas plan and really raised the rhetoric yesterday actually calling you a liar. listen to this. >> this president is absolutely committed to reducing -- to doing everything we can to mitigate the effect of high gas prices on american families. and to lower gas prices. what he is not willing to do is to look the american people in the eye and claim that there is a strategy by which he can guarantee the price of gas will be $2.50 at the pump.

any politician who does that is lying. >> and your response? >> first of all, i'm prepared to debate the president at any gas station in america. at any refinery in america, in front of any pump in america. i don't want to debate his spokesman. barack obama is responsible for the high price of gasoline. he has followed a deliberately anti-american energy policy. he believes in a fantasy land where companies like solyndra are somehow magically going to solve things. his answer in two speeches recently was algae. you know, drilling doesn't work but algae does? every american who believes they can put algae in their car this year and i'm not against biofuels but this is an absurdity. the president cited natural gas. natural gas has been found by drilling. the fact is we do have a big explosion in the amount of natural gas available. if the price of gasoline dropped as much as the price of natural gas has dropped, it would be $1.13 a gallon.

that's a fact. i wish somebody in the white house press corps would have the courage to ask the president directly how does he think we found natural gas? he cites it, it's in his speeches and he says it's going to create 600,000 new jobs. all of that is a function of drilling. and by the way, ironically yesterday, "the wall street journal" reporter reported that the amount of oil we now think is available in north dakota has jumped from 150 million barrels according to the geological survey to 24 billion barrels of available oil. >> that's great news. >> that's doubled the u.s. reserve. >> mr. speaker, i'm going to leave you some energy for the rest of the day. you're going to have a long night and i know from your perspective, you think it's going to be a great night. thanks so much for joining us this morning. >> thank you. >> leave your cross at home, you're about to hear about two women who say they were punished at work because they wore crosses around their next. >> then a stunning update to the growing list of lawmakers calling for attorney general eric holder's resignation. now a democrat is jumping on board.

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>> gretchen: put a smile on your face. good morning, everyone. it's tuesday, march 13. i'm gretchen carlson. thank you so much far sharing part of your day with us. the states where mitt romney struggles, giving newt gingrich a chance to come back. we're live with the very latest. >> eric: democrat about to fold on eric holder. the attorney general on the edge of losing support from his own party. >> brian: internet company taking heat for boosting its signal, converting homeless people into human hot spots. we'll debate this. "fox & friends" starts right now. >> gretchen: good morning, everyone. i hope you're going to have a great tuesday.

eric filling in for steve. what's going to happen in the south today? alabama and mississippi up for grabs. let's take a look at the delegates. mississippi has 37. alabama has 47. but they are proportional states. so no doubt santorum, romney and gingrich will all walk away with some of the delegates come tomorrow morning. but who will have the most? that's what people are deciding in those states today. >> brian: because so much is at stake. this is so-called deep south. it will be republican territory. but who is going to be the republican that solves most of the problems for the people of mississippi and of alabama? really surprised that mitt romney has been polling so well, especially seeing that most of these voters have been tough for mitt romney to coral. those evangelical voters, that makes up seven out of ten, according to the 2008 numbers. >> eric: they've been going back and forth at each other, newt gingrich saying mitt romney was the weakers front runner since 1920. mitt romney saying if i'm weak what, does that make newt?

newt responded a few minutes ago, take a listen what he had to say. >> the fact is if you look at who the lobbyists give to, it's mitt romney. look who the insiders give to, mitt romney. wall street gives to, it's mitt romney. as governor when he signed romneycare, who did he say was his number one collaborator? ted kennedy. romneycare is the forerunner to obamacare. the idea that the republican also beat obamacare with somebody who developed romneycare is a dead loser. >> eric: i hate to see them really taking shots at each other. >> brian: still. >> eric: i'd like to see them go after president obama's policies. >> gretchen: did he in that same interview. >> eric: you know what? it's hard to see them taking shots at each other like this. >> gretchen: they're trying to point out their differences, i guess, still, and it will be up to the voters today to decide where they come out. rick santorum says that romney can't win and romney says

santorum needs a miracle. so eric, just go like this for a minute 'cause you're not going to want to hear the two candidates. here is santorum. >> look, we need to nominate a conservative. we don't nominate a conservative, you've seen it. we nominated john mccain. we nominated bob cole, jerry ford. when bush ran for reelection after raising tax, we lost every one of those races. i understand why the media wants romney. we need the to nominate a reagan conservative, someone to create the clear contrast. we do that. that's why we're going to stick this out. >> gretchen: you hear santorum and gingrich that it should be one of them because they believe that they pose a staunch difference between themselves and president obama. they would like their vote forcibly that mitt romney is more similar to president obama and that they feel they need the

stark difference in order to make a difference come november. >> eric: meanwhile, they're splitting the nonromney vote. newt just said he's staying until the end. he said i'll see new tampa. he's staying in. the question is, should one of them drop out? should one of them agree to pick the other one as a vice presidential candidate and drop out? i don't know. >> brian: i remember in the spring, everyone pushing hillary clinton to drop out. she stayed and she stayed and she's going to destroy president obama's chances of becoming president obama. and she stayed in through june, won a whole bunch of primaries at the end. later would drop out and become secretary of state. so people who are panicking shouldn't. keep in mind, if newt does not win or just plays out the string, does not get the 1144 and mitt romney doesn't get the 1144, i think it will be -- he'll be sidelined like ron paul is. not many people are talking about him. >> gretchen: the way in which the republicans changed the way in which you get delegates this time around, that's why many

people argue ron paul is still in this race, because he has been allowed to get delegates in this proportional way of doing business as opposed to winner take all. originally they thought that would energize the republican base, make people feel like their votes count more when you make states proportional. >> eric: the huge question is, will newt gingrich have the money to stay in? there is rumors that ron paul does, but will newt have the money? everyone says they're going to stay in and you want to stay in, but if you don't have the money, at some point you have to drop out. >> brian: sheldon addleson, he's been writing the checks. >> eric: yeah. >> gretchen: all right. you guys are pondering that, let's get to the headlines. a fox news alert, take a look at these incredible live pictures coming in daylight now, hearts field, delta, a plane rolled off the runway. you can see it still sitting this on a steep embankment. a spokesperson says mechanics were testing the engine when

they experience add problem with the brakes. that's when the plane veered off of the taxiway. no passengers were on board at the time. we're told there is significant damage to the plane. good news here, no flights so far have been affected. new video in to fox that shows the first protests following the killings of 16 civilians in afghanistan. hundreds of students there now calling for the public trial of the american soldier accused of caring out the vicious attacks. we've learned that he is a a married father of two who apparently suffered a traumatic brain injury, but was cleared to serve. also overnight, taliban militants opened fire at the same site where the shootings happened. afghan delegation was visiting at the time. one person was killed. despite the rising tension, the white house says its war strategy, at least today l not change. with a growing list of

lawmakers calling for his resignation over operation fast and furious, attorney general eric holder in need of all the help he can get. now a democrat appears to be turning his back on holder. oklahoma congressman dan boren was asked if he still supported him. his response in no comment. this is the first time a democrat openly refused to support holder. 120 congressmen, three senators demanding his resignation. homeless people being used as wi-fi hot spots? it's happening at this year's south by southwest festival. marketing firm hired homeless men to wander around the festival wearing t-shirts with numbers to call if anyone needs to access wi-fi. they even carried the physical hot spot in their pocket. the service, sparking serious debate, some say the men are being used as objects. others say they're getting paid. so what's the big deal? brian is serving as an object right now, just holding the prop as a newspaper. >> brian: people say, hey, the homeless want to do it, they get

four digits and people can log on and get their quick internet access. i would like to see if they really want this, give the homeless people a portion of the proceeds. can you write them a check? >> gretchen: they are. i believe they are paying them. >> brian: they get a flat fee. why not give them an incentive to go up to people and say, try my hot spot? >> gretchen: i'm not sure how people night respond to that particular situation. >> brian: how does it work? >> eric: i'm not going anywhere near this. >> gretchen: very smart. here thank is what is happening in brighton. the british government plans to argue employers can ban workers from wearing a cross that is visible at work. how many of you out there may have a cross necklace or cross bracelet or something like that and you wear it to work from time to time? >> brian: what if you're a priest? >> gretchen: that's interesting, because one of the women who has been told she can not wear her cross anymore in britain is a nurse in her 50s. she was prohibited from working at a hospital after refusing to

cover up the cross and said she had worn it at work throughout a 30-year nursing career, but now she's being told that if it's visible, she'll lose her job. >> eric: i wonder, again, what about the burqa? i know in england it's very accepted to wear burqa. i wonder if that would be considered in the same world, in the same realm. >> brian: people would be afraid of a violent reaction if you told them to take off the burqas. >> gretchen: here is a quote from the bishops reacting. if you say wearing a cross isn't a compulsory part of christianity, we agree. but it's a duty of a christian to be public about their faith as well as private and that is clear new testament teaching. what do you think about it? e-mail us or twitter us. let us know what you think. >> brian: the department of justice targeting texas for wanting people to show i.d.s just to vote. up next, a former doj official says don't be fooled. this is not about justice. it's about politics.

>> eric: news ski initis -- nasa scientist claims he was fired over his faith. he joins us next wake up!

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on your travel reward card. up t100,000 miles! hawaii, here we come. claiyour miles at capitalone.com today! wh's in your wallet? cayou play games on that? not on the runway. no. >> gretchen: new voter i.d. law in texas is being blocked by the justice department. the d. o.j. claiming that the law, which would require vote force show an i.d. before casting their ballot would discriminate against hispanics. >> eric: is that true or is the d. o.j. objection part of a broader assault on voter integrity? let's ask jay christian adams, election lawyer who formerly served in the voting rights section at the department of justice itself.

thank you for joining us. so what is actually at play here? what is the doj trying to do by blocking this texas law? >> this is the late nest a series of radical decisions by eric holder's justice department designed to please racial interest groups like the naacp ahead of the 2012 election and make them happy. but you need to understand something, this objection is based on a flimsy legal theory that will not stand up in court. >> gretchen: which is what? >> well, they say -- they exam rate the difference. statistical difference between the number of whites and hispanics who have voter i.d the justice department blatantly misrepresents the law as it relates to voter fraud, and so really if texas had brought this to court a year ago, the law would probably be in place now. unfortunately, it probably will not be in place for the 2012 presidential election. >> eric: it's important because there are other states where the decision in texas will apply to other states. is that right?

>> well, it will apply in this way: this is an attempt by eric holder's doj to scare off other states, like mississippi, pennsylvania, wisconsin from implementing fully their voter i.d. laws. so this has serious political ramifications and will be deeply unpopular with most americans who support election integrity measures. >> gretchen: yeah, because let's take a look at a simple list of what we're required to show i.d. for in general society. to buy cigarettes and alcohol. to purchase an r rated movie ticket. to buy sudafed. so rent a car action get a hotel room. i could go on and on, even to get a beach pass in my community, you have to show several forms of i.d so what is the reason, in your mind, why they would block this? >> well, there is no mystery. among the left, this is a tough campaign issue, to block voter i.d. around the country. they brought in lawyers who

worked on this texas voter i.d. examine blocked it. these were people who, before they came to justice, were idyllically opposed to measures. even cleaning up the voter rolls from dead, ineligible voters. this is no surprise. it's part of a broad campaign which i talk about in my book to really block voter integrity measures. >> gretchen: it's about trying to get the right kind of voter, then, for your political interests? >> well, they don't like the idea that hispanic voters in texas, black vote increase south carolina, might have to get voter i.d. ahead of the election, which frankly is disgraceful. it's sort of confines these folks to permanent second class status. like you said, you can't rent a movie. you can't buy sudafed. it's a tragedy that the left has taken this up as an issue ahead of the election. >> eric: is there any indication on what requiring a voter i.d. what, that effect would be on the turnout of hispanics in a election?

>> the states that have enacted voter i.d. have tried to make it free and readily available. some states actually will come to your house to give it to you, like georgia or south carolina. but that isn't enough for the holder justice department. they are philosophically and addickly opposed to election integrity measures. >> gretchen: it makes it hard to fight it. thanks for your time today. >> thank you for having me. >> eric: animal rights activist, peta going after donald trumps sons for their family hunting trip. >> gretchen: was this nasa scientist fired because of his faith? he's here next to share his personal story. in my line of work, it's not uncommon for the term "hero" to be bandied about.

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>> eric: quick headlines before you reach for the time when your kids have a low grade fever, hear this, doctors now say the use of acetaminophen, found in tylenol, may be contributing to the rise of childhood asthma. the minnesota senate committee passed an amendment making union membership voluntary. union protesters so angry, republicans who voted yes had to be escorted out of the building by troopers. the bill still has to go through the full legislature. brian? >> brian: thanks. opening statements expected today in the case of a former nasa specials who claims he was fired over his views on intelligent design. that's the idea that the universe is too complex, not to

involve a higher power. he's here with his attorney. david, when did you lose your job? >> i lost it in january of 2011. >> brian: why don't you think it was because of budget cuts? >> well, there were only two of us let go at that time out of a team of six. and i was the most senior in the group with the most experience and history on the team. and the other one was near retirement. >> brian: what made you think this case has merit and has to go forward? >> david was discriminated against based on the perception that he was advocating a religious ideal, religious dogma. i want to disabuse you of what you said a second ago, intelligent design does not propose that there is a higher power. it doesn't even suggest what the intelligent designer is or could be. it only explains that there is -- there are examples of design in nature that we can relate to from our own common

experiences. >> brian: what are you looking for today, david? you looking for your job back? looking for financial settlement? >> well, when we first issued this suit, i had not yet lost my job. and we felt that a grave injustice had been done and we wanted vindication, things to be put back as they had been. but then i got fired and so that added a retaliation aspect to this case. >> brian: and part of it is that the california suit of technology lawyers brought up up that you received a written warning because your co-workers complained about your harassment of this. what's your response? >> i think that's foolish. all i did was share some dvds with co-workers, people i had worked with for years. these dvds are made by a company such as the privilege planet. they're beautiful productions and i would have offered a friend occasionally one to take home on the weekend and watch if they were interested. >> brian: also their lawyers contend that you were one of two

technicians and among 246 employees let go last year just because of budget cuts. >> no. the other layoffs occurred months later. january of 2011. we knew there was a reduction in force and we would have achieve that had reduction just by attrition. had they not padded the team by adding two additional people a few months before the layoffs began and ranking me ridiculously low on ratings even though i had had good reviews for the prior 14 years that i had been on the mission. >> brian: so you're taking them to court and it all begins this week. nasa basically, we contacted them and they said none of this is true. so good luck in the fight. we'd love to have you on after it's done and david and william, thank you for joining us this morning. >> thank you. >> brian: all right. straight ahead, the white house now putting newt gingrich in his cross hairs. listen. >> guarantee the price of gas will be 2.50 at the pump. any politician who does that is

lying. >> brian: wow. this as the former speaker responds to us after being called a liar. no excuse, period. a teacher humiliates one of her students because he stayed home sick [ 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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♪ >> eric: time for your shot of the morning. we know all some of the best moments are caught on live tv and this is no exception. presidential pup, beau steals the spotlight from this reporter. he was stationed in front of the white house when beau upstaged her by running through the shot. >> brian: he's a good boy. >> gretchen: i remember when that one day when we were deciding if he got thrown over a boat, who you would save first, your dog or your wife. remember that? >> eric: no, no, it was who would my wife save first. the dog, the -- the son would get saved first, then if there was room for one more, i'm guessing our dog would be next and i would have to swim ashore. >> gretchen: i see. thank you for the clarification, mr. boling.

that same lawn is where we find our very own wendell goler this morning. what is the president doing today in response to the huge protest this morning over those killings in afghanistan? >> the president actually speaking in the rose garden about trade with china, but behind the scenes, there is a lot of talk about the killings and the impact that that may have on the pace of the u.s. withdrawal from afghanistan. the white house says our objectives in afghanistan haven't changed. to defeat, dismantle, destroy al-qaeda. but the pressure of the killings combined with the reaction to the koran burnings last month really has strengthened the hand of those within the administration who are push to go get more u.s. troops out sooner rather than later. there are 90,000 u.s. servicemen and women in afghanistan, a quarter due home by september. the rest due home by the end of 2014 with no schedule set for the pace of that withdrawal. vice president biden said favor bringing the bulk of them home by the middle of next year would mean giving up part of a

fighting season, which runs from the spring to the fall. president obama told a denver television station there wouldn't be a precipitation with -- precipitous withdrawal, but we wouldn't stay salonner than we -- longer than we need to. >> this has been a strain on our men and women in uniform. obviously what happened this weekend was absolutely tahj hispanic heart breaking, but when you look at what hundreds of thousands of our military personnel have achieved under enormous strain, you can't help but be proud generally and i think it's important for us just to make sure that we are not in afghanistan longer than we need to be. >> the pace of the withdrawal from afghanistan will be the focus of a nato meeting in chicago in may. the president said his goals to make sure the transition to afghanistan's sovereignty is not

a cliff, but with steps and benchmarks along the way. >> gretchen: thanks very much for that report. >> brian: jay carney had newt gingrich on his mind. he was channeling him after his big speech on energy. he had two officials talk about where the -- what the administration has accomplished in energy before he actually addressed the press in the morning, gave them a shot at him, get a shot at them and then talked about energy. that was the topic and then jay carney took aim at newt gingrich's pledge that 2.50 gas will happen if he's elected. >> this president is absolutely committed to reducing -- to doing everything we can to mitigate the effect of high gas prices on american families. to lower gas prices. what he is not willing to do is to look the american people in the eye and claim there is a strategy by which he can guarantee the price of gas will be 2.50 at the pump. any politician who does that is

lying. >> gretchen: so newt gingrich, being called a liar. he obviously was going to respond to that and he did it earlier when he joined us on "fox & friends." here is his reaction to the president's spokesperson. >> first of all, i'm prepared to debate the president at any gas station in america, at any refinery in america, in front of my pump in america. i don't want to debate his spokesman. i want to debate barak obama. he's responsible for the high price of gasoline. he has followed a deliberately anti-american energy policy. he believes in a fantasy land where companies like solyndra are somehow magically going to solve things. his answer two speeches recently was algae. drilling doesn't work, but algae does? every american who believes they're going to put algae in their car this year -- this was an absurdity. >> eric: it really was an absurdity that jay carney would say that anyone could who can lower it to 2.50 is a liar. don't forget when barak obama

raised his rand, gasoline was 1.83. so getting it down to 2.50 would still be substantially higher than when president obama took over. so getting it down isn't the problem. figuring out an administration has an energy policy that's willing to get it down -- >> brian: all of the above energy policy, which means none of the above. >> eric: president obama has none of the above, you're right. need to drill, need to figure out -- work on the epa with the blending requirements and there is one more they can do, which i'm only going to tell the president. >> gretchen: that was in your secret folder. here is the interesting thing. when the president put out his energy success, the very first one was production is higher under this president than in the former president. but many people argue that's because president bush put into effect some of the drilling. interestingly enough, the president's own spokesperson yesterday said drilling is not the answer. >> if increasing drilling were

the answer in the united states to lowering prices at the pump, we would be seeing lower prices at the pump because under president obama, we have increased significantly domestic oil and gas production. that is a fact. >> eric: it may be a fact, but it's not because of president obama and not because of the obama energy department. it's in spite of. most of the policies that are showing the increased production in oil for sure probably were done under president obama and natural gas absolutely have nothing to do with president obama. he wasn't for extended fracking. there are areas of the country where he said no, don't frack for natural gas. frankly, there is an area where we can really become less dependent on foreign oil. more natural gas. we have more natural gas here in america than saudi arabia has equivalent of oil. >> gretchen: the other thing about a fact check is to look at that production because the administration has said that production is up under president

obama. so here is how you break it down when you look at federal land versus private land for gas and oil production. federal land, oil down 11%. gas down 6%. state and private oil up 14%. gas up 12%. so i guess, eric and brian, that would be in line with this administration's policies about drilling, is that it's down with regard to places where they can make the decision. >> brian: talk to the people in virginia. they're dying to drill off their coast of virginia and they can't get permission to do it. talk to people in the gulf coast who are still waiting to get to work, but the leases are slow to give out. if you talk about private lands, yeah, they're doing it. if you're talking about public, it's not happening. >> eric: we produce 5.6 million barrels of oil per day in america. we use 20 million barrels of oil per day. we just need to produce more here. we certainly can. we have the resources to do it. we just need the approval. we need an administration that says let's get the oil and it will drop prices of oil, gas,

heating oil, diesel fuel, every product that comes from an oil-based product. >> gretchen: now to other stories making headlines this morning. a muslim convert due to answer rare state level terror charges in a new york city courtroom. he will be arraigned on charges that he built a pipe bomb to attack police, soldiers and other government targets. his defense team says police used a self-serving informant to go after a down on his luck loner. >> eric: former republican turned democrat senator arlen specter said he felt betrayed by president obama. he says after he cast a crucial 60th vote to pass obamacare, the president ditched him and broke his promise to help him get reelected, fearing he would look weak if specter lost. all the details are in specter's new book, memoir called "life among the cannibals." he said the president not only refused to campaign for him, but refused to go to his events.

>> brian: an eighth grader from florida bullied by his teacher. he missed school because he was so sick, so he made him -- this teacher made him wear a note around his neck that read this. >> i decided to come to school today, but i decided not to come. >> how did that make you feel? >> helpless. i put it on and the whole class started laughing. >> brian: the teacher made a big deal because he missed an important placement exam. the principal forced the teacher to apologize, but that's not enough for the mom. >> like sending my kid with a dunce cap through school. kids are mean. i want her to feel the hurt that he felt being humiliated by the kids. >> brian: the mom wants the teacher suspended without pay for two weeks. the school board says that is not going to happen. >> gretchen: trump family holding its ground in the face of criticism from peta. they show donald trump, junior and his brother holding wild animals they hunted and killed

while op an african safari. don defended the photos tweeting, i am a hunter. i don't hide from that. the 34-year-old went on to say, he and his brother have the utmost respect for nature and have always hunted in accordance with laws and regulations. >> brian: donald trump supports them 100%. >> gretchen: coming up, a tragic accident took the lives of her husband and three children. now the bank is taking away the one thing she has left. her home. she's here live along with bob massi who says he can help. >> brian: then our 12 -- >> eric: are 12-year-olds entitle to do their own personal privacy? what about on the internet? peter johnson, jr. is here with the story of a girl suing the school for reading her facebook page [ male announcer ] what if you have potatoes?

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>> eric: so a 12-year-old girl is involved in a legal lawsuit against her school. the girl known only as rs, claims a minnesota school district violated her first and fourth amendment rights when they forced her to give up her facebook and e-mail passwords. this came only after she allegedly posted hateful messages on the site from her own home. the school says those messages disrupted their learning environment. so who is right? peter johnson, jr. has the prescription for justice. >> how are you? you know, in this case, i actually believe that the aclu is doing something positive for america 'cause i don't believe that 12-year-old girls should have their locked diaries opened up by school officials with a

deputy sheriff standing over them as the girl sobs in a small room, really being held in detention. so a facebook -- >> eric: can i stop you there? the facebook page is her locked diary? >> absolutely. listen, you've done two things. they said we're going to discipline you because you said you hate the school monitor. okay? and then we understand that on your personal private facebook, you're engaging in sex conversations with a boy in the class and allegedly the boy instigated those conversations. i'm saying that this is a slippery slope in america when we start deciding, without a parent's consent, to have a 12-year-old girl in tears say, turn it over. give me your facebook. let me see your life. that's not the position of schools. that's the position of parents. i do understand the fear of columbine. you and i both understand that.

we don't want kids going crazy and killing kids and killing officials. but to say, you have no rights at all with regard to your private communications, turn it over to us under penalty of detention, suspension, removal from school, and even criminal charges. why was a deputy sheriff there? >> eric: she's 12. don't you have to be 13 to be on facebook? >> okay. correct. facebook should revoke her privileges. that's fine. but facebook is not standing over her with a deputy sheriff that's armed with a taser. i understand the burdens. i understand the balance. i also understand that children don't have a lot of constitutional rights; that administrators have the right to search their lockers if they have a reasonable suspicion that there is a gun, that there is contraband, that there is something illegal in there.

>> eric: but if she's posting hateful stuff, doesn't that eliminate the privacy issue? >> the issue that they went in on was the sexual statements made allegedly between her and another child in the school. to stand over a 12-year-old girl, and say, your facebook, give it up, that, i think, is unamerican. >> eric: got to leave it there. thank you very much. >> good to see you. >> eric: freak accident took the lives of her husband and children. now this grieving mother is being forced out of her home because of protocol even though she has the money to stay. she's here with bob massi next, who may be able to help. first, let's check in with hemmer for what's at the top of the hour now. there is a tie i could really wrap my arms around. >> it's my lucky week with you. good morning to you. republicans are bringing the heat on eric holder. eric holder is bringing the heat on texas. the state, we'll tell you what that's all about. the president says you can not get the $2 for a gallon of

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>> brian: back to washington for at least 41 roman catholic bishops. they now hope to restart talks with the white house on the controversial contraception mandate, leading the group, this man? bishop of connecticut. it's probably four or five, not anywhere near 16. not anywhere near old enough to drive. so dangerous. i have never seen anything like that. >> brian: a driver in austin, texas, calling 911 after spotting a mom letting her child

take the wheel. when police showed up, mom took over and led them on a high-speed chase. she was eventually stopped and arrested. the four-year-old was not hurt. gretch? >> gretchen: thank you, brian. a woman is being forced out of her home after suffering an unspeakable tragedy. on thanksgiving eve, karen perry lost her three children and her ex-husband in a plane crash. she learned only four months later that she was facing foreclosure in her home as well. to make matters worse, a good samaritan tried to help karen save her home through a short sale, only it have mortgage giant freddie mac stand in the way. they told her that move was against company policy. now she's about to be kicked out of the home she raised her kids in with the only memories she's got to hold on to. joining me live from phoenix is karen perry and bob massi. good morning to the both of you.

>> good morning. >> gretchen: karen, my heart goes out to you. my goodness, as a mom, i can't imagine the pain that you're going through in losing your entire family. now you might lose your home and the memories that you have with your children there. what can you tell us is going to happen to you? >> well, what i can tell you is that i did want to stay in the home and the memories are in the home, but no one can take those memories away from me. what was most important to me about the home is no longer there. i would have preferred to have stayed, but that doesn't seem to be a possibility at this point. >> gretchen: bob, you've been covering so many of these foreclosure stories for us in the last couple of years. what cue make of the situation -- do you make of the situation that's happening with karen right now? what happened? why is she being forced out? >> because freddie mac when you

sell a home on a short sale, there is we call an arm's length transaction, which means the homeowner is not permitted to stay in the home. the theory behind it is that it avoids fraud so that the homeowner doesn't sell the home, stay in the home, and literally get a principal reduction. this is ridiculous. this is an exception to the rule that any lender, freddie mac could have made an exception. i spoke with her lawyer, who is a wonderful lawyer in phoenix. he said, bob, we tried every possible way. they knew the story. they knew what her losses were. they knew this wonderful person that was going to allow her to stay in that home and rent it back to preserve her memories, and they looked the other way with no heart, with no compassion. it is sickening. >> gretchen: karen, i know what people may not understand is that your husband, your ex-husband had filed for bankruptcy, so that put new a difficult situation with being able to pay the bills. you also had to pay for the

funerals and the attorneys' fees for the divorce from your now deceased ex-husband. so you were already facing financial straits. correct? >> that's correct. yes. >> gretchen: now, this good samaritan who came forward, that must have been a godsend to you at that time because you thought, well, at least i'll be able to stay in my home? >> i thought it was a wonderful idea. i thought it was very, very kind. i don't know who this person was but that situation didn't work out. >> gretchen: she's going to be moving out of her home and has to find another place to live. but in the meantime what, can you do, bob, if anything, to help karen perry? >> unfortunately legally, there is nothing that could be done right now because the lender has the gold and they make the golden rules. but what i hope that this sends to those people in a position of

authority in america, to show the outrageous conduct of somebody like freddie mac and those who serviced the loan that they could take a family, a woman who lost it all, and i have no idea, god love her, how she's even able to breathe with the losses and the pain that she's had, and then they throw her out. there is no heart in this country anymore from those people. they have to understand, these are real people with real faces and real lives, gretchen. that's why this story needed to be told. this should not happen in america. >> gretchen: here is freddie mac's response to the housing crisis. as her mortgage has gone unpaid since february of 2010, the short sale will reduce the property tax and loan cost freddie mac and taxpayers stepped over the past two years. of course, we share her and her community's grief over last fall's tragedy and remain hopeful for a mutually positive outcome. i guess your point, bob, is this is the protocol, not a mandate, not a law? >> exactly. sure, i spoke with her lawyer and yeah, all lenders have these

type of protocols. but the thing about this, gretchen, do you know that karen and this good samaritan, they could have done this transaction, even though they would have signed an arm's length transaction statement, and never disclosed the fact that she was going to live back in that home because it does happen. doesn't make it right, but it does happen. this is something that it was nothing to this. all they had to do was say, look. this is an exception. this is a homeowner in america that lost her family. let her stay in her home and rent the home. it's not like she owns it. let her rent the home back. >> gretchen: bob, thanks so much for your help and karen, our sympathies are with you as you struggle with this latest development. thank you to both of you. >> thank you, gretchen and bob. >> gretchen: more "fox & friends" two minutes away [ 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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