it's wednesday, april 4th. hope you're going to have as best a day as possible today. i'm gretchen carlson. thanks for sharing part of your day with us. check out this jaw dropping scene, fox news alert. monster storms tearing through one of the biggest cities in the country. >> oh, my god! right on the top of my house. oh, my god! oh, my god! oh, my god! please, please, please! please! i want my house! please! >> this morning, unfortunately, the threat is not over. very latest on these tornadoes straight ahead. >> meanwhile, mitt romney sweeping his way to three primary victories last night. >> the dreamers can dream a little bigger. >> help wanted signs can get dusted off and put in the front yard and we can start again. >> and this time, the conservatives are in mitt's corner. but rick santorum, ignoring the results. details straight ahead. >> all right, one day after president obama criticized the supreme court, a federal appeals

court judge now firing back and treating him kind of like a child. they want a written explanation of his comments by tomorrow and they want it single spaced. you got to hear this story. "fox & friends" starts right now. >> well, let's get right to the top story today. fox news alert. people all over northern texas waking up to complete devastation this morning. a series of twisters destroying homes and leaving thousands of people without power. an incredible images of storms have been coming in all morning long. this video shows one twister tossing tractor-trailers around in the air like they're match boxcars. at one point, one of the 18 wheelers slams right into a live power line sending off that huge spark you see there. this whole thing started in the morning and lasted throughout the afternoon. so many people were out and about at this time, this video

shows commuters crossing paths with one of the tornadoes as it forms right in the middle of the highway in arlington, texas. another video taken by a man in forney, texas. you can see on this one, a giant and very well organized twister in the distance and coming too close for comfort in that neighborhood. you hear cries of a child packed with homes. incredibly, nobody killed in these storms. we're told at least 10 people were injured. none of them seriously. right now, officials estimating at least 350 homes destroyed. that number could rise as they go and check the damage later this morning. of course, be sure to keep you posted with everything developing there. rick reichmuth will be joining us live on the ground just moments away. >> on a lesser note, we had three states finally back to the primary process on the docket last night and got to think that in terms of mitt romney's success, that would be his great all time nights. in terms of wisconsin, here is the greatest tension. this is where the comeback was complete. mitt romney edges rick santorum,

43-38. ron paul doubles newt gingrich. that's a place where two weeks ago looked like it was in rick santorum's column. >> meanwhile, as we move to maryland, look at this. it was decisive. romney almost at 50%. santorum almost at 30%. newt and ron paul each at about 10%. >> washington, d.c. was also playing in the race last night, yesterday. romney 70% because santorum not even on the ballot there. ron paul 12% and newt gingrich 11%. as you've watched mitt romney over the last couple of weeks as these primaries continue to happen, he's been focusing to taking his attacks to president obama as opposed to the other republican candidates out there. is this part of the strategy? obviously, yes, it is, as romney looks ahead to november and the general election. >> and the next step toward that destination of november 6th when across america, we can give a sigh of relief and know that

the promise of america has been kept. the dreamers can dream a little bigger, help wanted signs can get dusted off and put in the front yard and we can start again. >> and win this state and after winning this state, the field looks a little different in may. >> he's going to have a bad april to begin with. >> he better win that state. that's his home state. >> rick santorum said i'm not going to be in washington, i'm want going to be in maryland, he went right to pennsylvania. he knows he has to win or that's his waterloo. according to quinnipiac poll that's just out, it's a six point advantage. most of the other polls, one had them within nine and one we had within two so it's really wide. now is the time that the romney campaign usually pours in millions of dollars in ads. >> in the last couple of weeks. that's right. rick santorum while he's ahead of 6 1/2 in the real clear

politics average, keep in mind, it was just about a month ago where he had 15, 16, 17 points ahead of mitt romney. meanwhile, as you look at the delegate count, mitt romney really has pulled ahead substantially. currently, he has 655 santorum 278. newt and ron paul in the back. so far, santorum has won just 26% of the delegates so far. he needs to pick up 80% of the delegates going forward to clinch the nomination. however, that is highly unlikely because the number of states are proportional. you know what? it's pretty much a foregone conclusion. it's going to be mitt romney. >> got between 80 and 90 last night. >> it's interesting. you haven't heard newt gingrich say what his strategy had been in the last couple of weeks which is to take it all the way to the convention. you got to wonder now if santorum and gingrich are going to continue to stay in the race just for that. it will all come down to money, whether or not they can withstand the next couple of months. >> meanwhile, a federal appeals

court judge taking a strong stand after the president issued a stern and surprise warning to the supreme court on monday to not overturn obamacare. now, chief washington correspondent james rosen saw the extraordinary events and said i have to get up for "fox & friends" and break it down so we have something to talk about. how unprecedented was this move by this appeals court judge? >> it's really a striking thing to watch the executive and the judicial branches go at it in a sense here from federal judge jerry smith, a reagan appointee to the u.s. fifth circuit court of appeals, a stunning demand of a department of justice lawyer appearing in smith's courtroom in houston, texas yesterday. >> i would like to have it in by noon on thursday, about 48 hours from now, a letter stating what is the position of the attorney general and the department of justice in regard to the recent statements by the president stating specifically and in detail in reference to

those statements what the authority is of the federal courts in this regard in terms of judicial review. that letter needs to be at least three pages single spaced, no less, and it needs to be specific. >> that demand was made during oral arguments being heard on a challenge to the president's signature health care law that is separate from the arguments that the u.s. supreme court heard last week. judge smith was responding to president obama's assertion on monday that it would be "unprecedented" if the nation's highest court what president obama termed an unelected group of people decided to overturn his health care law as unconstitutional. those struck mark smith and others as president obama himself to recognize the supreme court's historic role as the performer of judicial review. in remarks yesterday, the president noticeably softened his tone towards the high court.

listen. >> the point i was making is that the supreme court is the final say on our constitution and our laws. and all of us have to respect it. but it's precisely because of that extraordinary power that the court has traditionally exercised significant restraint in deference to our duly elected legislature, our congress. >> the supreme court is expected to issue its ruling on the health care law before the end of its current term in june. back to "fox & friends." >> to her credit, the department of justice attorney there in front of judge smith, he said, you do believe that if it's unconstitutional, a court can strike it down. she goes absolutely. and then she quoted marbury vs. madison. that's not good for the

president. >> that's right. i want to note that you just cited marbury vs. madison from 1803. earlier, we heard from brian a reference to waterloo. you guys are like obsessed with the napoleanic era. >> everybody except for me. >> or someone knows we want to do the morning show on the history channel. >> although i'm about his height. that's the only similarity. james, thanks so much. see you again throughout the show. you got to wonder, guys, who has the kahonas to tell the president he screwed up the other day. who in his inner circle has the ability to say to him, hey, you better go out there tomorrow and soften your rhetoric of the supreme court. you got to wonder how that went down because somebody is calling his bluff. >> so far, his strategy. the strategy has been i'm going to portray congress as a do nothing congress and now he's going to portray the supreme court has do too much supreme court. nobody is doing anything right in washington, d.c. except for

him. >> let's get to your headlines now and start with a fox news alert. at least two nato soldiers killed by an explosion in northern afghanistan. it reportedly happened early this morning. the nationalities of those service members not being released at this time. 96 nato soldiers have been killed in afghanistan this year alone. at least 62 of them americans. family and friends gathered for a vigil who remember those who died in a shooting rampage in oakland, california. we're getting a first look at the man who opened fire killing seven people and wounding three others. police say the 43-year-old was troubled, angry and facing deep denial problems. he was a former nursing student at the university and apparently had been planning the attacks for weeks. authorities say he ordered people in a classroom to line up and then began shooting at them. he was targeting a female school administrator but she wasn't on campus. he had apparently dropped out of school after a fight with the administration over tuition. he is said to be cooperating with authorities.

however, he still won't say where he put the gun that he used. he says his classmates teased him about his age and broken english. he's set to be arraigned today. the delta 4 rocket blasts into space from the california coast carrying a satellite. but the national reconnaissance office is keeping quiet about its purpose. it's the first of five security space missions that will be launched over the next four months. name is still bond, james bond. but something about 007 is changing for the next movie. >> thin slice of lemon. >> yes, sir. >> believe it or not, bond played by daniel craig will not be ordering his signature vodka martini in the next film. instead, he's going to order a

heinekan in one scene. it's part of an advertising deal. craig will appear in a worldwide commercial campaign for the vodka. >> let's hope that if he orders that heinekan, he doesn't order it shaken. >> absolutely. >> world wrestling entertainment network, why they say one of the wrestling stars is a traitor. >> vice president joe biden encouraging first responders to ignore the rich if they don't pay their fair share. what? stuart varney not shaking. he says he's seen this kind of thing before. not pretty! >> he's pro heinekan, too. wake up!

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>> vice president joe biden had it again kind of, engaging in class warfare suggesting on monday that the rich are against cops and first responders. >> took it even a step more from that. here's what the vice president said -- the first guy who is going to have a problem is the guy whose $3 million home is on fire and you can't get a truck out there. the first guy that's going to have a problem is the person who has real assets and finds their house burglarized or robbed or their porsche is stolen. here with more on this is stuart varney. is the vice president of the united states encouraging first responders to not respond to rich people? >> at the very least, he is being wildly divisive. he's also wrong. he's saying look, if the rich would just pay a little bit more, pay their fair share, we wouldn't have these layoffs at the state and federal level of law enforcement offices.

just pay your fair share and he's also being very destructive towards people and he's saying, you know, these are the rich and they're the four people who want help from first responders when the house burns down or a porsche gets stolen, they're the ones that comes running to you for help. they won't pay a little bit more so you can keep your job. he's being very divisive and he's also wrong. do the math. if the rich did pay a little bit more, it would not help the local law enforcement situation. they're being laid off across the country like other social service workers across the country because of outrageous pensions and state government deficits. taxing the rich a little bit more would make no difference whatsoever. he's being a class warfare warrior. that's what he's doing. >> if you watch the backlash in ohio with the governor when they cracked down on the unions which can be law enforcement and you see the recall happening in june with the governor of wisconsin, is it a wise political move for the vice president to be saying this? >> i hate to say it but it may

be. who wants to see class war come to america. i know that from europe. we engaged in class warfare and got us nowhere. i hate to see it come to america. i agree with you, brian, it might be in some circumstances a politically attractive move. and i think that president obama is playing exactly that. >> it kind of goes along the same vain as occupy wall street, does it not? it's that same concept that the 1%, now we shouldn't help them when their house is burning. >> it's picking on an unpopular group, the rich, wall street, bankers, insurance companies, health companies, drug companies. pick on them. demonize and win votes. that's the strategy and i hope it doesn't work. >> now, stuart varney, you were up last night doing the live election coverage with sean hannity and thanks for getting up with us this morning. have you pretaped your show or live at 9:20? >> no, we only pretape the weather forecast. >> fine. so that's coming up at 9:20.

>> hopefully it won't change. wonder what's wrong with schools these days? kind of a loaded question. how about this? one school says spelling is no longer important maybe because we all have spell check now. >> i think so, too. but the ncaa tournament misspelled atlanta. that was a problem. plus the government planning a new massive spy center that will watch your every move and listen to your every word. what do they want with these everyday american transcripts? the former c.i.a. operative with the inside story next. people really love snapshot from progressive,

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>> all right. quick headlines now. the head of the house transportation committee demanding a federal hearing over a massive waste of taxpayer money we told you about yesterday. the general services administration blew $820,000 for a conference at a resort casino & spa near las vegas. the head of the gsa has already resigned. spelling tests a thing of the past for journalism students at the university of north carolina. students will be tested to see how the word is being used in a sentence. time to go back to school. steve? >> thanks, brian. you're right. meanwhile, there's growing concern over a mega spy center being built in utah by the national security agency. initial reports claim the agency's new facility would support unprecedented surveillance on american

citizens. but now, there are new allegations surfacing today about the nsa. "wired" magazine claims that the nsa has ties to anti-american contractors. is there any truth to these accusations or are they simply being hyped? let's talk to mike baker who is a former c.i.a. covert operations officer and president of diligence llc. good morning to you. >> good morning. good morning. >> i know he is formerly with the c.i.a. and he's got c.i.a. cuff links so it must be true. >> must be true. >> what are they building in utah? it's gigantic. it's the size of like 10 football fields and they're going to spy on somebody. >> right, when you build a facility this large, a million square feet and $2 million worth of gear, on top of other facilities, this isn't the first one they've built obviously and been involved in a decade long expansion so when you do that, it's going to raise the concerns particularly of sort of the one world people out there that

believes the u.s. government is going to do something nefarious. could they monitor a communications of a vast number of u.s. citizens? will they. they don't care what the citizen is doing unless that citizen is supporting terrorism or engaged in criminal activity. >> why are they building it? >> because there's an exponential growth of data that we need to worry about because nsa is charged with, obviously, national security issues and a big part of what they do is protecting us against cyber warfare, cyber attacks. >> which we're all terrified of. >> it's our number one risk. we talk about the war on terror, what's the number one risk is cyber warfare. it would be entertaining of "wired" or the author would spend for more of his time researching the degree to which the chinese government sponsors cyber attacks and hacking efforts against the u.s. government and our economic interests. that would make for an

interesting story. >> sure. and the whole idea of a cyber attack is we'd be really up the creek if they, you know, turned off all the bank accounts in america and all that other stuff. >> absolutely. >> meanwhile, let's talk about something else that's coming out in the last week and that is there was a leak from a senior administration official that apparently israel was in cahoots with azerbajan so they could use a secret training ground or secret space in that country to refuel and stuff like that in the event of an attack on iran. that is very damning. >> it also speaks at the 30,000 foot level. we live in an age where people can't keep their yaps shut. if you're a senior military official or diplomat or administration official, you've signed documents that says you have access to classified information. keep your mouth shut and people can't seem to be able to do that. it's a very strategic location north of iran and what the leak is all about is the fact that

israel in its planning stages for a potential attack against iran's nuclear capability, they've got an issue. they've got a problem. from israel to iran, what are you talking about? a couple of thousand miles round trip. if you can get proximity of azerbajan to use their air bases and use that as a staging ground, what have you done? you've increased your ability to increase the payload on those planes going into iran because you don't have to carry as much fuel. >> the big question is why was this leak? number one, the jig is up for the israelis if it is true but the other thing is some have suggested the reason some senior administration official leaked this was to push back on israel so that they will not attack iran before the election because if there is an attack, it's going to jack up gas prices and the president may lose re-election. >> absolutely. i mean, to be fair, any administration in this position going into an election would be low to have this conflict start

prior to the election because you don't know what the outcome is going to be. you know it's going to be very, very messy but the current administration, the obama administration has been speaking out really out of both sides of their mouth, you know, they've got israel's back but at the same time, it's clear they're trying to tamp down and putting a lot of pressure on israel not to do anything prior to november. >> it looks political. >> it looks extremely political and i would have to say it is frankly. >> mike baker formerly with the c.i.a. next time you're at the gift shop give me a tote bag, will you? thank you for joining us so early. straight ahead on the rundown, nbc admits editing a tape to make george zimmerman sound like a racist. when is sorry not enough? we're going to report and you are going to decide. and the u.s. marine picking up a fight with the wwe. why they say this wrestling star is a traitor. first, happy birthday to david blaine! the new york illusionist, 39 today.

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>> half past the top of the hour. fox news alert for you to kick off the remaining half-hour of 6:00 a.m. we're getting new video out of northern texas this morning where nearly a dozen tornadoes touched down yesterday leaving a path of destruction in their wake. here you see a school completely destroyed in arlington. and if you think that's bad, listen to the sheer panic in this man's voice as he lives through one of those wicked storms. >> oh my god! hopefully nobody get hurt! oh, my god! i got to run. i got to run. i got to run. oh, my god! oh, my god! look at that. >> an estimated 650 homes now destroyed, thousands more left without power. >> oh, my god! >> rick reichmuth drove all night to get there and is in arlington, texas, right now with the very latest on the ground. good morning to you, rick. we saw the pictures live on fox newschannel yesterday. i don't think we -- it looked like a movie with those semitrailers flying through the

air. >> yeah. when you think about those semitrailers that are probably about 50 feet long and weigh about 16,000 pounds, they were tossed in the air probably about 120 to 150 feet, amazing and then seeing that live and then afterwards you come back and see the kind of images that we're seeing here, a very interesting scenario with this. there were around 12 different tornadoes that hit yesterday and the damage is kind of in so many different areas. sometimes you go into a tornado zone after a tornado and one area is destroyed. this one, there's so many different neighborhoods and communities that have damage here and there. so this is one of the areas you can see the roof turn off of the building next door and then right here, one level of this building and part of this garage knocked over. nobody was home when the tornado hit right here. i'll tell you, when you get into one of these situations, though, so many agencies, red cross and different people come out to try to help. and one of the churches, a mega

church here in dallas is -- you're the pastor. this is ed young, the pastor of fellowship church and you have done a great thing to be able to assist in these kinds of scenarios. tell me what you guys have set up. >> that's what the church is all about, to be the hands and feet of jesus. we had a rapid response team set up so at a moment's notice, we're ready to come in with trained men and women to help assist these agencies and in this devastating situation, we're here on the ground ready to go. >> now, you guys have done work with hurricane katrina, with even with haiti, your church is how many miles from here? >> we're roughly 20 miles from here. this easter, we'll have roughly 40,000 people in attendance. we'll take a special offering for this situation. it's time that the church steps outside of its walls and we do what i believe jesus told us to do which is to help others. >> when you think this is probably the most important week for your church. >> it is. >> when you go from palm sunday

to easter and good friday. what does this do to that week for you guys? >> it just helps us to get outside the walls and really apply the message of the bible which is rebuilding not only homes and helping others but also rebuilding lives. that's what we want to do. >> you bring up such a good point. so many times people want to get out here and help but having people prepared ahead of time, knowing cpr and being able to use chain saws, these sorts of things make it so much more effective. thank you for the work you're doing in the community, we appreciate it. thank you for getting up so early for us this morning. >> thank you. >> send it back to you in new york. >> thank you very much for that update and great things that the church is doing there. it's amazing, guys, they were already ready to go, you know, tornadoes are not rare in texas but to have the people ready to go out there and help right away is helpful. >> never seen footage like that from any disaster. where was that camera to be able to catch some of those flying trucks?

>> in a helicopter, one of the news helicopters had that up there. >> how smart is that to be in a helicopter? >> you can be a couple of miles away, though, as you saw that black wall just rolling into dallas and i was -- my wife and i were watching and we've got a daughter who goes to school in dallas and spent most of the often in the basement of a really big building. >> that's scary to have a child there. now, to some other stories making headlines, we're getting some intense new video out of santa monica college in california where police were forced to pepper spray a group of students there. 100 students protesting the rising cost of classes who told they were trying to storm a board of trustees when they literally backed them into a wall. two officers decided to use their pepper spray. many of the students rubbing their eyes. two taken to the hospital with nonserious injuries. >> the man who posted a movie like poster warning of a new

attack in new york city by al-qaida may be using the image to try to recruit home grown terrorists. terrorism experts also say it's likely part of a new strategy to try to reach a younger audience. i don't know what that will do. authorities say the man they believe posted the taunts is a committed jihadist from egypt. the nypd and f.b.i. both say there is no credible threat to new york at this time. >> meanwhile, u.s. marines went one on one with the wwe and came out on top. they successfully got the company to kick wrestler randy orton out of the upcoming marine home front movie. he actually served in the marines but got a bad conduct discharge in 1999 after going awol a couple of times. people who served with him said it would have been an insult to every person who served the country if he was allowed in that video.

>> pinatas are usually the best part of the birthday party. not for this little boy. when it was his turn, he couldn't do it. you can see him barely hitting the pinata and then stops and decides to hug it out with the super hero. there's something mckaub about taking off the head -- >> a lot of people say to themselves it's fun hitting the pinata but people don't know what it's like to being the pinata. >> you have to hit those things pretty darn hard and whack them to get the first candy to come out. >> looks like the cookie boss, it kind of does. bob sagat had a lucrative career showing kid hitting the head. >> and hit in the crotch. >> the trayvon martin and george zimmerman situation in florida has been on the top of a lot of people's minds the last couple of weeks.

over at nbc, i think it was last week, they had played a piece of the 911 call, the tape that george zimmerman had made to authorities on that night of the shooting. and they did some editing in the way in which they did that so that it came out sounding different with regard to race and whether or not george zimmerman was actually targeting an african-american man. >> here's what they originally said. here's their edited version. zimmerman saying this. this guy looks like he's up to no good. he looks black. everyone came to the conclusion that he was profiled. but this is what he actually said, listen to it without nbc editing it. >> they took out all that stuff. nbc has now apologized. they say they made an error in

the production process which isn't that the same excuse they gave when they edited out god in pledge of allegiance. >> it was on for five seconds. you couldn't leave the question in from the operator saying does he look black, hispanic or white? >> you get a different connotation from, you know, from the way in which it's presented and so now they have issued an apology and they claim that they will be doing an investigation as to how that editing actually happened. >> interestingly enough, eric wimple who writes for "the washington post" this morning say ok, they apologize. they say where is the apology to george zimmerman? and he goes on to say, you know, george zimmerman may be a tough character to apologize to at this stage but then mr. wimple writes given the status, he may be a tough person for news networks to apologize. that's the point. apologies are hard. >> all right. coming up, south carolina governor niki haley fighting off false accusations from left wing

bloggers that the department of justice is actually investigating her right now for tax fraud. she's here live with the real story. >> plus, did you just finish breakfast but still have a craving for other foods? is that normal or are you crazy? dr. keith ablow is dipping into his mailbag answering that and more of your questions. >> another taco, brian? >> yes. zap technology. arrival. with hertz gold plus rewards, you skip the counters, the lines, and the paperwork. zap. it's our fastest and easiest way to get you into your car. it's just another way you'll be traveling at the speed of hertz. [ growling ] captain, one step at a time.keep going! come on, snowy. look! did you ever see a more beautiful sight?

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or nutso? >> here's the human to answer your very question with your e-mails, fox news contributor and a psychiatrist, dr. keith ablow. welcome back. >> good morning. all those little things make us who we are and keep you busy and line out the door. here's the letter that we were talking about and here it goes. i always have a food craving. if i finish my gum, i'll have the urge to taste something else. it doesn't end. i'm not fat. i eat relatively well. why do i always need to eat if i'm not hungry? >> here's the thing, you got to figure this music out that's playing in the background of this -- i like this e-mail because people don't think of food as an addiction but it can be an addiction. the question is what are you really craving? these addictions substitute for real needs. what are you hungry for? is it a great relationship? is it a treasured goal? get to the bottom of that and get rid of this constant eating,

this constant satisfying of yourself that doesn't satisfy you. you're normal but you're going to be too big pretty soon. so normal, ladies and gentlemen. >> meanwhile, doctor, e-mail number two, this is from a guy. i'd rather stay in and do nothing than go on dates with my wife. on weekends, i act sick so she'll meet friends instead. we're married nine years, we don't fight. so why don't i want to hang out with her? his wife? doctor, can that marriage be saved? >> well, sure. look, the marriage can be saved. what's wrong? you've been married nine years. look, we hold each other to such high expectations in a marriage. >> and we shouldn't. >> spend 4,000 nights together and suddenly you're saying why am i not excited to go out this weekend? well, because you're not because things become routine. so rather than playing possum for the next 20 or 30 or 40 years, what you want to do is

take control. make that weekend special. maybe it's a night away at a hotel. do what you need to do so you don't feel like playing sick. you're normal but you're going to be playing possum for the next four decades if you don't fix it. >> we have two normals out of three. here's the third one. my mother calls me with warnings fortunately -- be careful of this. be careful of that. does she just love me this much or is she nutso? >> she doesn't love you that much. what she's trying to do is scare you. sometimes you just have to get to the bottom of things and be honest about it. this is someone who is anxious and trying to give her child that anxiety. hey, that's no gift. that's kind of like a vampire saying i love you, i'm going to bite you. not exactly what we want. the truth is she's trying to scare you. she's trying to tell you that the world isn't safe without her precious love which we're really not going to call the best kind of love. we're going to call it nuts! >> one of them is a nut!

>> nuts! >> message to mom, i'm changing my number. >> no kidding. by the way, folks out there, nutty or normal folks, if you have a question for the good doctor, log on to foxandfriends.com and e-mail dr. keith ablow your questions, he might answer them next week. >> do so at your own risk, though, in case you're nuts. great to see you. >> thanks. see you next week. >> joining us next, south carolina governor niki haley being investigated by the department of justice. she said it's a hit job and she's here to respond next. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪

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>> welcome back, everyone. president obama on the offensive yesterday taking a shot at

republican congressman paul ryan and his latest budget proposal. listen to this. >> instead of moderating their views, even slightly, the republicans running congress right now have doubled down. and proposed a budget so far to the right it makes the contract with america look like the new deal. it is a trojan horse and thinly veiled social darwinism. >> should he be blasting a budget when he and his democrat friends haven't passed one themselves. governor niki haley joining us now. great to have you. >> good morning. thank you. >> when you hear president obama call paul ryan's budget radical, what's your reaction? >> how do you not get angry at that? this is a man that doesn't understand the increase in debt. this is a man that doesn't understand that spending has to stop and this is a man who continues to go back to the new

deal himself thinking government -- thinking he answered everything that's wrong. i think paul ryan had great courage for doing what he's done and i applaud him for it and continue to cheer him on. >> you have been in the news on recent days and you've been on your book tour. there was a report out there that the department of justice was looking into you for some kind of tax fraud. would you like to set the record straight. >> of course. if you read in the book, you'll see this has been going on during the campaign, after the campaign, what this comes down to is the i.r.s. issued a report there was never an examination. the day that pick up anonymous sources, it's wrong. it's like one of the reagan cabinet members said, how do i get my reputation back? >> it's so true. if you're in the public eye, whether you're a journalist or newly crowned or better lack of words, governor. you are in the public eye. so if you say something or defend yourself, then it continues the story, correct? >> well, and the media fuels the fire and we talk about that in the book from the standpoint

of so many different stories happen during the campaign to where you see where the media could have done something different. blogs are taking over more and more but they're causing more problems because so much of it is not true. so you end up causing distraction as opposed to just focusing on governing and policies. >> one of the things that you decided to focus on when you became governor was the health care situation. what do you make of the whole supreme court now taking this up? i know that you were instrument in talking to the president and wanting him to rush this along. >> absolutely. we asked him to speed the track it was on. what's amazing is what a bully president obama has become. here was a man that came in with hope and change and now he's bullying his way on paul ryan saying he's not coming up with an adequate budget and now he's bullying the supreme court saying they won't reverse this and won't go defense us on this. that's not how things work. he has to lead. he's shown no sort of leadership when it comes to balancing a budget and he's shown no leadership when it comes to allowing the states to do the

will of the people. he continues to say no to everything. >> before i let you go, can't is not an option is the title of the book. what do you say to people that say that conservative women are not good role models for other young women in our culture? >> what i will tell you is the stories in this book and what i faced getting up to this the statehouse and then up to the governor's race, it shows you that yes, there are challenges, that you come out stronger and better than when you started. can't is not an option, if you take on that mentality, you can see we'll get through anything. >> you're a great role model. thanks for being here. >> thank you. great to be here. >> despite mitt romney sweeping the primaries, rick santorum vowing to stay in the fight. what should romney's strategy be going forward? charles krauthammer has some advice. remember this mcdonald's employee who claimed she had won the mega millions jackpot but couldn't show anyone the ticket. she's about to reveal where she hid it and trust us, you don't want to miss this part of the story. right back. that's good morning, veggie style.

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>> good morning, everyone. it's wednesday, april 4th. i'm gretchen carlson. hope you're going to have a great day. thanks so much for spending part of it with us. we have to start with a fox news alert. tornadoes tearing up one of the biggest cities in the country. tractor-trailers, look at that, blown around like toy cars. it's unlike anything you've ever seen. >> holy moly! hopefully nobody hurt. >> rick reichmuth on the scene in texas for us with the latest. >> mitt romney sweeping his way to three primary victories last night. >> the dreamers can dream a little bigger. help wanted signs can get dusted off and put in the front yard and we can start again. >> this time, the conservatives are in his corner. what's rick santorum's plan now? that's coming right up. and remember this video of actor ryan gosling breaking up a street fight here in new york. he's a real life super hero

again? wait until you hear what he did this time. "fox & friends" hour two for a wednesday commences immediately. >> good morning, everyone. we have to get right to the top story today. the fox news alert. looking at new video out of northern texas now. up to a dozen tornado touchdowns reported there yesterday. now, residents are left to pick up the pieces and as you can see, they've got their work cut out for them. an estimated 650 homes completely destroyed and that number could rise as officials continue to assess all of the damage. let's throw it now over to rick reichmuth. he is live for us in arlington with the very latest. rick? >> gretchen, yeah, when you think of how densely populated this area is, it's the fourth most densely populated urban area in the country, the

dallas/ft. worth area and yesterday from around 1:30 until 4:00, they had tornado warnings going through here the entire time. school is still in session. it's not spring break. so all the schools, people trying to figure out if their kids would be safe. and should they make that decision to get home and get their kids? frightening afternoon here and the storm going over dfw. yesterday, they had to cancel all kinds of flights because they had baseball sized hail that went through the dfw airport and it damaged about 110 planes. if you think about that, they can't send those planes up in the air so they had to stay. that also means there was no space for other planes to come in because those planes couldn't get out. they're still in that process and over 400 flights today have been canceled from the dfw area, from the dfw airport and that will have reverberating effects across the rest of the country for travel so everybody today likely feeling some impacts from this storm that we saw yesterday here in this area.

take a look at this one home and you can see the roof ripped off this home. you go inside the structure and you can see straight up into, you know, into the sky. it's still dark here. light will not be coming up for another hour or so. as soon as it does, we'll show you those images as well. back to you. >> all right, rick. you've been doing a lot of traveling with a lot of devastation and now texas, the latest stop. thanks very much. >> when the sun comes up, we'll see a whole lot more. mitt romney a big winner with three sweeping victories. boy was he happy? steve brown is live in wisconsin with more. hey, steve. >> hey, good morning, brian, gretchen, steve. yes, it was another big night for mitt romney. three contests that you mentioned, the district of columbia, maryland and the state of wisconsin and romney went 3-3. most notably was his victory in wisconsin which was the closest of those three contests. exit polling had romney winning here in wisconsin. the tea party voted,

evangelicals and voters who describe themselves as very conservative. he hopes to harness these victories to the april 24th contest coming up. >> tonight i'm asking the good people of pennsylvania, new york, rhode island, delaware, and connecticut to join me. join me in the next step toward that destination of november 6th. when across america, we can know the promise of america has been kept. >> rick santorum has already moved on to those next rounds of state contests holding his rally last night in his home state of pennsylvania. >> ladies and gentlemen, if we're going to win this race, we can't have little differences between our nominee and president obama. we have to have clear, contrasting colors. >> now, the puzzle for rick

santorum is this. there have been questions about whether or not given declining polling advantage numbers in his home state of pennsylvania, whether or not he could win the state and more importantly, whether or not he could withstand a loss. last night, a spokesperson for the campaign says that santorum's campaign could indeed withstand that loss although there are a lot of political observers who question whether or not a loss there wouldn't effectively end the santorum run. back to you in new york. >> all right, steve brown live in milwaukee, wisconsin. when you look at the exit polls, it was a very good night for romney. he won the conservatives, won evangelicals, he won the women as well. 80% of them expect mitt romney to be the nominee. so what does he do going forward? charles krauthammer was last night with bill o'reilly and gave these marching orders to mr. romney. >> what you do is put a ton of money in santorum's home state to scare him away or beat him

but all your rhetoric, all your speeches, all your interviews are about obama. not a word about santorum. today, obama went after romney by name. the campaign has started on the other side. he can't sit back, he can't relax. he can't coast. he's got to start the counterattack. otherwise, he gets defined early in the race like bob dole in 1988 and then you're done. >> very interesting. we'll see. it looks as if mitt romney has been doing that thus far as far as changing his winning speeches between attacks only on obama, not on gingrich, santorum or ron paul. in the meantime, sarah palin still front and center. people listening to her specifically when she would maybe make choices for who should be vice president on the republican side of things since she was the nominee last time around. she was on sean hannity's show last night and pushing for one person in particular. see what you think. >> top of my list is alan west. i love that he has that military

experience. he is a public servant willing to serve for the right reasons. he understands the constitution. he understands our national foreign policy issues that must be addressed. he has served. i really like him. >> you know what? we've said that before and we ally had colonel west on when he had the controversy with how he was able to get information from an iraqi terrorist and then we caught up to him in afghanistan. i've always thought that he would be running in a couple of years but why not consider him now? especially because he's from florida. brings us all to another question. >> which is what? >> the question is this -- sarah palin says she would love to see colonel alan west as the number two to surely looks like mitt romney. who would you like to see as number two? brian mentioned florida. what about marco rubio. >> what about sarah palin again? >> what about niki haley just on the show. >> sarah palin apparently a good morning show host yesterday as well. >> i don't know, we were busy.

>> e-mail us, friends at foxnews.com and we'll share your comments later on. >> we have to get to your headlines. update to a fox news alert. there are reports that three nato soldiers have been killed by an explosion in northern afghanistan. it reportedly happened early this morning. the nationalities of those service members not being released at this time. 97 nato soldiers have been killed this year alone and at least 52 of them americans. family and friends gathered for a vigil to remember those who died in monday's shooting rampage in oakland, california. this is we're getting a first look at the man who opened fire killing seven people and wounding three others. police say 43-year-old was troubled, angry and facing deep financial problems. he was a former nursing student at the university had apparently been planning the attacks for weeks. authorities say he ordered people in a classroom to line up and began shooting them. he was targeting a female school administrator but she wasn't on

campus. he dropped out of school after a fight over tuition. he says his classmates teased him about his age and broken english. he's said to be cooperating with authorities and said to be arraigned today. the mega millions fiasco getting even messier now in maryland. she claims she was one of the winning tickets, she has one of them, she says it's hidden at the mcdonald's where she works. the manager says that's impossible since she didn't come back to work after buying the ticket. another employee thinks it's a hoax and even though she claims she has the winning ticket, wilson says she may not go to the lottery commission. >> i have to make up my mind right now. too much speculation on this. >> maybe we should call in dr. ablow on this one, too. >> if she could only write us, we could put her on the segment. >> three winning tickets were sold for the $656 million jackpot. i mean, what's keeping this story alive is the fact that nobody has come forward in

maryland yet and we know one of the tickets were purchased in maryland. >> she says it was at the mcdonald's. wouldn't it be funny if it was at the burger king? >> she's a single mother of seven. you'd think she'd cash in the ticket. >> for $100 million, you can go to the lottery commission. >> actor ryan gosling proving he's a strapping leading man on and off the screen according to british writer laura penny. she reported on twitter that gosling saved her from a speeding cab in new york city. she said i was crossing sixth avenue not looking the right way because i'm from lond london. ryan gosling grabbed me away from a taxi. this isn't his first time playing superhero in the streets of new york. he broke up a street fight unaware he was being filmed by some female bystanders the whole time. those are our headlines. i wonder if she was outside of our studios. >> there's a lot of fighting out there. >> ryan gosling in the market for a cape. >> looks like it. >> it's 11 minutes after the top of the hour. a war of words brewing over

obamacare. a federal appeals court now firing back at the president's criticism of the supreme court. peter johnson jr. here next with his take. he's got a lot to take. >> and they were fed up with the poor education they were getting so the students decided to walk out. now they're being suspended. those students are here with their story. [ male announcer ] what if you have potatoes? but you've got a meat and potatoes guy? pour chunky sirloin burger soup over those mashed potatoes and dinner is served. four minutes, around four bucks. campbell's chunky -- it's amazing what soup can do.

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overturn his health care law. yesterday, a federal appeals court fired back at the president demanding answers from his administration. listen. >> i would like to have from you by noon on thursday, that's about 48 hours from now, a letter stating what is the position of the attorney general and the department of justice in regard to the recent statements by the president stating specifically and in detail in reference to those statements what the authority is of the federal courts in this regard in terms of judicial review. >> president has got homework. >> he does. peter johnson jr. here with an analyzization of justice smith. what do you think of his argument? >> he absolutely has the right to do that. judge smith of the fifth circuit located in new orleans has the right in that specific case in which a physician known hospitals are bringing action against the obama administration based on obamacare to say to the

federal government, what's your position on this? the president says that the federal judiciary unelected group of people, supreme court down doesn't have the right to strike down an unconstitutional statute in this country and so attorney general representative, what do you say? let's hear from eric holder and give me a three page brief on it. that's absolutely within the power of the circuit court of appeals. now, the dems, the big libs, the hard left media is going to say oh, no, this is terrible. this reagan appointee is another nut. he's gone out of control. this is judicial activism in itself, the president was right. the problem is the president was making up constitutional history and it was quite impressive. >> he knows what the facts are. >> not only has he taught constitutional law, he went to harvard law school and as the president of the united states under the constitution, he appoints federal judges, he appoints circuit court judges

and he appoints the united states supreme court. so what confidence does the judiciary have in this president's ability to respect them as a co-equal branch of government when he makes up, makes up, brian, the constitution. >> right, and he tried to walk it back but not that effectively yesterday in my mind. here's the nonlegal question. >> sure. >> when the president is told by a fifth district court judge, go write up a two page single spaced letter in explanation, what is that really saying? it's saying understand that we matter as a judicial branch. or is it telling the president get back in your place, what is going on here? >> i think that there's an absolute right and again, we're going to see a lot of spin on this today and there will be a question will the united states government comply? i think the united states government has to comply with the lawful order of the court to say give me a briefing on this particular issue. it seems to be the government's position through the president of the united states that an

unelected body of officials known as federal court judges, known as united states supreme court judges don't have the authority to overturn a democratically elected statute. >> right. and for the president to say it would be unprecedented for them to overturn it, the supreme court has overturned laws 150 times and the president of the united states has taught that, he knows it. >> the president needs to come in on this in order to maintain confidence in the judiciary. >> there would be an on-line veto -- >> there are three branches of government. not just one. and it's not the role of the president to in effect subvert the role of the judiciary in the united states of america. >> oops! >> there's an absolute right to invalidate a constitutional issue. >> the supreme court doesn't run for re-election but the president is. all right. peter johnson, great analysis. >> thank you, sir. >> you're welcome.

>> what's worse, a $28 million make-over at the dmv that made -- that now has to be done over again? or spending $200,000 to move a utility pole? well, you paid for both. and more, we're talking about government waste next. >> and this is a scene you don't usually see. students fighting for an education. demanding their teachers quit ditching class. guess what? the students are being suspended. some of those students here next. [ male announcer ] once upon a time, in neckarsulm, a great roar was heard and things changed. children adjusted dreams. victories became habitual.

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>> time now for some news by the numbers and call this the government waste edition. first $46 million. that's how much the nevada energy utilities spent on its wind rebate program. with very little results. in reno, for example, one turbine that costs $21,000 only saved it $4 on its bill. oh, man! next $200,000. that's how much taxpayers could pay to move a utility pole in the washington, d.c. area. officials claim moving one pole usually means having to move dozens if not hundreds of other poles. and $28 million, that's how much the state of virginia spent to overhaul the dmv's customer service system. only problem, they very quietly hit the brakes on the plan but not before most of the money was already spent. >> all right. they said they weren't getting the education they needed so

they decided to walk out. 50 students at the frederick douglas school in detroit staged a walkout last week after becoming so upset with the lack of education they were receiving at the school, they say the teachers at the school rarely show up but instead of having their concerns addressed, the kids were suspended. joining me now are two of those students, kevin hill and dylan smith. good morning to both of you. >> good morning. >> kevin, let me start with you. what are the problems going on at your school? teachers aren't showing up? why? >> that's a good question. that's the same question we were asking and never got answered and i still don't have an understanding of why they didn't show up. and we're still waiting on their response. >> all right. so it's my understanding because there are so many absences by these teachers that students say they're months behind the syllabus for certain classes, especially math. one parent said the math teacher has been out 68 days? is that true? >> yes, ma'am, it is.

as you said, we are behind in our math and we need to get caught up and it's a little bit too late to get caught up with our math. and so we're a little bit behind on the schedule as we go to school every day. >> so kevin, the school that you go to is an all boys school but it's a public school, correct? >> yes. >> ok. now, what did you do? you as students and parents decided to get together and go to the administrators and say look, this has to stop. what did you do? >> well, me, i had a talk with them and they were explaining to me the things that were going on so i decided to get the boys together and let them know what was going on and what we were going to do about it so i orchestrated the walkout and i feel like it was kind of successful even though we still don't have the response that we need and you know, that's pretty much what happened. >> we're watching the video -- we're watching the video, sorry to interrupt you, of you doing

-- staging that protest. it's my understanding that you were supposed to meet, then, with school administrators but they canceled that meeting. and instead because you did that sort of staged walkout, they ended up suspending you, is that correct? >> yes, it is. i got suspended that day for the rest of the day. and she told us we were going to have an assembly the next day but we didn't have one and it was canceled. she didn't tell us why -- or i wasn't told when we were going to have another one but yeah, we were suspended. >> uh-huh. you were suspended for the rest of the day, you could go back to school on friday? >> yes. >> yes. >> ok. many times, guys, the parents are the ones who are not involved but in this case, the parents are very involved. they want answers, too, right. >> yeah. >> the parents were involved before we got involved. they sent e-mails, made phone

calls and they all went with no response. and that's why we got involved. i feel like if we didn't -- if we stepped up and said something, it would have been like more effective, you know, they would have took us more serious so i thought. >> do you think by them suspending you, that was a way to try to scare you so you won't stage another one of these walkouts and all your looking for is some answers. >> well, if that's the way of trying to scare us, they failed because i -- if we have to do another walkout or another protest or anything like that, i will do it again and i will not hesitate. >> well, detroit public schools, we asked them for a response to this story, and they did not get back to us. they did not respond to our request for comments. i don't know what that says. you guys haven't been able to get a response either. i feel for you guys. you want an education. you go to a public school and pay tax dollars to get it and 68 absences for one teacher is unheard of.

tevin hill and dylan smith, thanks for your time. >> you're welcome. >> amazing story, right? here's the deal you want to hear about. one airline offering cheap tickets, even cheaper than coach. for something you have to give up. plus olympic softball gold medalist jennie finch is here. she'll teach brian how to throw like a girl. he won't like that. still miss it. we're cracking down on medicare fraud.

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no...we're not. ♪ the allstate value plan. dollar for dollar, nobody protects you like allstate. >> now to a fox news alert. welcome back, everyone. check out this amazing video. dallas/ft. worth international airport confirming more than 200 departing flights have been canceled this morning. you can hear the cries of a child there. heartbreaking. this morning after a twister outbreak, big even by texas standards. this video taken by a man in forney, texas. oh, my goodness. you can see a giant twister in the distance and coming a little too close for comfort to that neighborhood packed with homes. incredibly, nobody was killed by that outbreak but an estimated 650 homes have been destroyed. >> meanwhile, rick reichmuth is on the scene in arlington because the dallas airport was closed much of the day. he flew into another airport in

texas and then drove all night to get to his location there in arlington. good morning, rick. >> good morning, steve. he had to fly into austin, that airport for the most part closed. almost all the flights in and out of it closed and the point is there's 110 planes damaged by hail. they have to inspect every one of those planes before they can decide if it's safe to take off. new planes can't come into the airport. this will have rippling effects. if you have a flight almost anywhere, you need to call and check ahead. there were two tornadoes going simultaneously here in the dallas/ft. worth area, there's a 35w and 35e, that's west and east and they're split and there's tornadoes right along each of them yesterday at the exact same time and it caused a lot of damage through a lot of areas. there's a nursing home that caused damage and minor injuries there but certainly scary for everybody to try to get all of the residents in that nursing

home safe. i'll tell you, every time you come to one of these tornadoes, every piece of wood that you see here that's been ripped out of one of these buildings has nails in it and that's what makes so much of this now dangerous as people go in and start to clean up and try to search through this. of course, they quickly want to search through and see if they have any belongings that they can get out of here, keepsakes or things that matter to them but it's a very treacherous time. i have to tell you, yesterday, it's amazing that there were no fatalities or even any critical injuries because it was not expected. we did not think yesterday would be a big tornado outbreak kind of day. and some situations change meteorologically in the afternoon and ended up being so and unfortunately, hitting right across the fourth largest metropolitan area in the country right in the mid afternoon. so steve, it's a miracle and great news that there were not any fatalities. today, the tornado threat is still there. just a little farther off to the east. you'll watch it again today. >> we will indeed. all right. thank you, rick. >> well, the president

yesterday, remember he was giving a big economic speech on the same day that the republicans were holding a primary. the last time around that they had primaries, he had one of his first press conferences in quite sometime. so some people are arguing he's trying to take the attention away from what's going on on the republican side. although the president himself very much against what the republicans stand for when it comes to the budget and paul ryan. >> yeah. you know what's amazing is that the day that the -- for the day after the president takes on the supreme court and we hear all that blowback and backlash, jay carney's job is to go talk to bret baier about it on "special report". listen to this. and i don't think jay carney was up for the task. listen. >> you understand the gist of my question. >> there is no -- this is -- you can -- >> it's all democrats and it's all democrats could vote on the budget, they could vote on it tomorrow. and they could pass it if they put it on the table. you know that. >> why doesn't the president call --

>> to do that. i know that's what you want to make this about. >> no, that's not what i'm asking. >> you know the only day in modern day washington to achieve a significant budget compromise is when both parties are willing to work together. that's a fact. >> we're not making headway on this point. we'll come back to it. >> debate about the senate budget proposal? >> no, on the president's budget being presented in the senate. i think you know that there could be a vote on it if they wanted to. >> what set that up was the fact that jay carney there in the a block last night said look, the president is being responsible. paul ryan is not responsible. the president is being responsible and then you've got mr. beir saying wait a minute, the democrats, harry reid has sat on not bringing a budget up in the senate for over 1,000 days and because you have to pass it by a simple majority. 51 votes and harry reid has got 53 democrats and left leaning independents, why don't you simply bring it up for a vote? mr. carney simply did not want to answer that direct question.

>> he didn't because he wanted to talk and probably thought all the questions would be about the president's speech yesterday, calling paul ryan's budget radical even though he has a budget plan. and he was actually saying that the new deal that the contract for america makes it look like the new deal because this one is so far to the right. jay carney should be a little bit better prepared to talk about the budget, all aspects of the budget. >> right, the only problem is it's indefensible. it's indefensible to go three years without a budget because you can't say -- you don't like that budget? have the senate put out one and get to conference and work it out. the president puts together a budget and doesn't get one single vote. we don't know where to go from there except we have $1.2 trillion in deficit spending. brit hume reacted to jay carney. listen. >> the president who, you know, jay carney kept saying he had a serious budget out there. maybe he does. maybe he doesn't. but if he's not going to even say publicly that the senate

ought to get off its butt and do something, i don't think that helps his standing on this issue. >> and if the republicans can figure out a way to make political hay so that people understand, you know what? the house has passed it. why is the senate sitting on it, something could happen. 22 minutes before the top of the hour. >> we have to get to some other stories making headlines for you today. we're getting some intense new video out of santa monica college in california where police were forced to pepper spray a group of students there. 100 students reportedly protesting the rising cost of classes. we're told they were trying to storm a meeting at the college's board of trustees when they literally backed police into a wall. that's when two officers decided to use their pepper spray. you can see many of the students rubbing their eyes, two of them taken to the hospital with nonserious injuries. >> you thought flying coach was bad. delta is rolling out a new fare called basic economy. under this option, travelers will get the lowest ticket

prices. however, there are no refunds. no changes or advance seat assignments. right now, basic economy will only be available on flights between detroit and orlando, tampa, ft. myers and ft. lauderdale as well. >> talk about flying off the handle. the tsa screener at j.f.k. airport, that is, arrested after she hurled a cup of hot coffee at an american airlines pilot. she was apparently upset after the pilot told her to tone down a profanity laced conversation. another screener told the pilot to mind his own business and she tossed her coffee at him. >> mr. kilmeade? >> brian, come on in. >> oh, great. where are you -- >> brian? >> hi, everybody. welcome out. talking to jennie finch here, legendary athlete and aut -- author of this book "throw like a girl." you have an important message today. i want to do something unique. can we walk around the bases? let's say we hit a single.

let's go here. first off, with you writing this book "throw like a girl" the message is what? >> dream big in yourself, believe in yourself and be the best you. >> be the best you. >> but people look at you and say how could jennie finch relate to me? she's an' let's athlete and one of the best softball player in history. what message do you have for people who don't have your talent? >> it wasn't always easy. a lot of people doubted me and thought i couldn't. i think it's overcoming that and i think going for it and finding your gift. i think we all have different gifts and matter of finding your gifts and letting them shine. >> take a look at this, chris. we've already burned 53 calories just walking around the bases here. let's say this is home plate. now, you're saying when you were doing this as an elite athlete, you're not doing it for the money, maybe get a scholarship but you have to go to travel games and do your homework in the car. if you're tired, you have to sleep in the back seat. if you want to go to church, you go to church in your uniform. that's an important lesson for kids. >> it's all about balance. i feel like in this day and age,

people are, you know, young kids have so much on their plates. it's a matter of whatever you're doing at that moment, be the best that you can be. that's the best thing about being on the softball field, i don't have to worry about anything right now. i'm playing softball and living in the moment. >> my image of jennie finch working out is like wearing ankle weights. your message today is about walking. >> yes, i'm excited to be teaming up with the american heart association, national walking day. and so we're -- >> up to 101 calories. >> we are! >> look at that. 101 calories. >> and it's a billion calorie counts, hoping to get to a billion calories by the year 2020. >> where are you walking today? >> we're walking around new york city. >> with your wallet? >> with my wallet? i'm worried about you. >> we got a big group. big group. i'm going to bring my glove and a ball. >> i'm going to catch. wi what are the chances of getting softball back in the olympics? autoite going to be hard. we're campaigning. >> it should never have left. you have to be kidding me with

all the ridiculous games in the olympics. you throw how fast 100 miles an hour? >> they say equivalent of 100 but 70. >> i'll toss it back inside, guys. what are you throwing now? what would you throw to a soccer player who is wearing a suit and a tie? how fast could you go? >> i got to go with the fastball. >> huh? >> you don't even have a mask. here we go. >> you're that worried about me. got more. >> steve and gretch, we have four more balls out here and i'm wondering if my nose and my groin is going to survive. probably not the latter. >> you asked for the pitch. there we go! >> i didn't know you had that type of action on your ball. >> come on. >> you have low expectations. >> ok. one more jen. >> final ball. come on, brian. >> got it! very nice! >> and you say you haven't been training. >> no, no. >> i want to be your coach. great to see you again. how special is jennie finch, ladies and gentlemen?

very nice. she throws like a girl. back to you guys. >> you survived and you throw like a girl, too. hats off to you. coming up, the uncovering of the biggest ponzi scheme in financial history. bernie madoff. was it ignored by the government when this guy warned them? the madoff whistle blower here next. >> plus every make and model of car sold in the united states all under one roof. we're live at the auto show. what's under that tarp? maybe some details. [ male announcer ] every day, thousands of people are choosing advil® for their headaches. my name is sunshine and i have three beautiful girls. i like taking advil® for a headache. it nips it in the bud. and i can be that mommy that i want to be. ♪ [ male announcer ] take action. take advil®.

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billion ponzi scheme. he is dangerous and at times frustrating quest to expose madoff is documented in a brand new film available on dvd called "chasing madoff." it came out yesterday. and harry joins us live this morning. good morning to you. >> good morning. thanks for having me. >> 10 years before he was arrested, 10 years you told the sec this guy is dirty? >> i did and they didn't listen. >> why? >> big case, hurts their statistics. easier to do small cases against the little guy. >> let's take a look at a timeline. 10 years before the arrest, you first became aware of the gains that he was making. 2000 you submitted a report to the sec with 10 red flags. 2009, 20 red flags and in 2008, he ran out of money. interestingly enough, you realized in 2005, bernie madoff was trying to borrow money from some european banks which was an indicator of what? >> he was running short of cash. it's a ponzi scheme. not front running. >> oh, man.

why did the sec simple turn a blind eye? did they think look, this guy is a big shot on wall street for a very long time, we better not mess with him? >> that's part of it. i think the sec believed me all the way and they wanted to investigate. they gave the case to new york. they said boston would never give us a big case like this. it can't be any good and didn't take it serious. >> there you are, this one lone whistle blower saying there's that guy running a ponzi scheme. you feel like you and your family were at certain points in great danger. >> i did. bernie was stealing money from the wrong people, stealing from the most powerful people across the planet and he was stealing we felt from the russians and the colombians. >> did you think they were going to come after you? >> no, i thought they were going to come after bernie. bernie had a lot to protect. it was between me and my family, i know who he would choose. he would choose survival for himself. >> do you think any of the members of the family were in on it? >> i think the entire family was involved.

the sons were running the dealer arms that wasn't making money after 2001 and being subsidized by the illegal hedge fund. the brother, peter madoff was chief of compliance. niece, bernie's niece shawna was number two in compliance. her firm was never in compliance for one second of one day filing a continuing stream of falsified reports to the government. >> for years, bernie madoff had been the guy on the ed sullivan show spinning the plates and finally when he was arrested, do you think he was a little relieved? >> i think he was. he saw his cash count dwindling to zero and he choose the circumstances in which he would turn himself in and he chose the time and date as well. he had plenty of time to destroy a lot of evidence. that's why less than a dozen of people have been arrested to date. >> nobody knows more about the evidence than you do. the whistle blower who tried to tell everybody, it is a riveting dvd, i understand. it is called "chasing madoff." harry, thank you very much for joining us live. >> thank you. appreciate it. >> very good. all right, coming up next, a car

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>> welcome back, everyone. the new york international auto show is taking place this weekend and it has nearly every make and model of car sold in the u.s., all under one big roof. >> automotive expert doug broader joins us with a preview and i understand this year, you know, you think you can get away from your e-mail. nope, the cars have the internet. >> that's absolutely right. you know, let me speak to the irony real quickly of the new york auto show. i'm a native new yorker. never have i seen a town where

so many people want to come and look at new cars who don't even have a driver's license. it's hysterical. more than a million new yorkers, you guys, are going to be rolling through here over the next couple of weeks. it's a lot to see. let me start with a car that you may have thought more -- well, your grandfather should have been driving but lincoln is back and take a look at this. the 2013, it's the mkz, one of the world's widest sunroofs, by the way, 15 square feet. this thing has push button gear shifts selector. i'm telling you, optional hybrid engine. 33 miles to the gallon and look at that, those inflate in case of an accident. go on sale as a 2013 model. pretty cool. also from chevy, this is the new traverse. they sort of -- eight passenger seating. they are calling the inside of this a family gathering space. it's got 12 cup holders. what more do you want? go on sale late -- yeah, big family. late for 2012. let's talk about internet.

let's talk about audi because they are converging in a big way. this is the audi all road and i'll tell you, this thing can integrate and log you on to google maps. it will also show you live fuel pricing so not just where the local gas station is but how cheap the gas is. it will go on sale by june of 2012. and it's got wi-fi hot spot for up to eight people. and then finally, you guys, why just drive to work when you can drive to, well, get some gas and then drive to, well, the airport and then fly to work. this is, i know you guys saw it yesterday. it's called the transition. $279,000, a little out of my price range but they already have 100 preorders for it. >> you're kidding. >> acura, by the way. >> no. >> 100 people already putting down $279,000. i don't know what kind of money you guys are making -- >> did you fly it? >> no, i'm terrified of this!

>> does a flying car come with a trailer hitch? >> it does! you can pull your camper behind it and fly through the air. wait, we're here at acura, right? and the acura suits are all over the place and kept saying to me, doug, whatever you do, don't talk about this car over here. whatever you do, don't show it. don't talk to it so i won't. >> oh! >> new york auto show. back to you guys. >> check it out this weekend. thank you very much. great report from here in new york city. >> you bet. >> he's good at that stuff. >> nbc admits editing a tape to make george zimmerman sound like a racist. this isn't the first time something like this has happened over there. what is sorry not enough? we report, you decide. >> james bond fans, sit down. the martini is out of the next movie. wait until you hear what bond is drinking now. dad, why are you getting that? is there a prize in there?

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>> gretchen: good morning, everyone. thank you for sharing your time with us today. it's wednesday, april 4. i'm gretchen carlson. we have to start with a fox news alert. check out this video, monster storm tears through one of the biggest cities in the country. >> oh, my god! right on the top of my house! oh, my god! oh, my god! please, please! >> gretchen: we're live in texas with the latest on the massive clean-up and travel nightmares that will be sure to follow today. >> steve: mitt romney sweeps his way to three more primary victoryies. >> the dreamers can dream a little bigger, the help wanted signs can get dusted off and put in the front yard and we can start again. >> steve: not so fast. rick santorum is ignoring the results. what does all that mean for both of them and more straight ahead. >> brian: after the president's criticism of the supreme court, a federal appeals firing back and treating the president in a way like a kid.

they want a written explanation of his comments by tomorrow. single space. 48 hours. "fox & friends" starts now. >> steve: we start with a fox news alert. nearly a dozen twisters wreaking havoc in northern texas yesterday. folks there now describing their terrifying ordeal. >> i was in the house and it just sound like a whole lot of big crackling noise and stuff. next thing i know, we open the door, it was a big disaster. amazing we're still living. >> terrible. i got into the closet with my animals. undescribable. undescribable. >> steve: we're going to ask rick to describe what happened there yesterday. he is live in arlington, texas. rick, it is amazing nobody was

killed because the dallas-fort worth metroplex has 6 million people and a whole bunch of tornadoes yesterday. >> yeah, you're right. it's the fourth largest population in the country when you look at an urban area. you see that happening in the middle of the day, schools in session yesterday during the afternoon. school buses could have been out. it was not a day we were expect to go have a bunch of tornadoes. you don't have that same anticipation we've had in some of our other tornado events. it is quite remarkable. when you look at the images we saw yesterday of this tornado cutting through that truck stop, a flying j, and seeing these semis tossed into the air. you have to keep in mind, those semi trailers weigh about 16,000 pounds and 50 feet long. you see them tossed up in the air. they look like tooth picks or twigs going up 120 to 150 feet in the air. after all of this, the fact that there is no fatality social security quite amazing. once this is all said and done,

there are 18 reports of tornadoes. today the national weather service will be out across north texas surveying the scenes like this to determine if it was, in fact, tornado damage or straight line winds. clearly these were tornadoes. we had video of the tornadoes. but they'll go through and see what kind of -- what strength it was and you can see just by these pictures, the top level of this home destroyed or ripped off and the garage ripped off. there is a car that's stuck under here. but you can see everybody's belongings exposed. big mess for a lot of people and interestingly, steve, so many times you see one tornado cut through a very centralized subdivision or stretch of land. this one, these tornadoes dropping, lifting, dropping and lifting so the damage is across a widespread area, it will be difficult for them to survey all of the damage. >> steve: and there is a possibility to the east of texas for more tornadoes later today and i know you'll be following that. rick live in arlington, texas.

thank you very much. >> brian: we've had a look at 35 states now so far. what was different about this primary contest yesterday? in my mind, it was how many people, heavyweights on the republican side were behind mitt romney before it started. jeb bush, senator jim demint and in wisconsin, chairman ryan and on top of that, you had the rock star of the senate now, senator ron johnson saying he's my guy. so the tea party and mr. conservative saying he's conservative enough for me and he's enough, he believes enough with the tea party to get behind. it seems like the people of wisconsin agreed with that and a 14 point deficit two weeks ago was a victory last night. >> gretchen: there were two states in the district of columbia. even though mitt romney had three victories, rick santorum, another competitor who would like to be the nominee, says he's not going anywhere, that we're only to half time of this fight. so what should romney now focus on? he's getting some advice from lots of people, including all of

us on strategist. but our own charles krauthammer who was on "the o'reilly factor" last night and says romney has to continue to go after the president and not after the other republican rivals. >> what you do is you put a ton of money in ads in santorum's home state to scare him away or beat him. but all your rhetoric, all your speeches, all your interviews are about obama. not a word about santorum. today obama went after romney by name. the campaign has already started on the other side. he can not sit back, he can't relax, he can't coast. he's got to start the counter attack, otherwise he gets defined early in the race, like bob dole in 1988, and you're done. >> steve: charles krauthammer also last night said rick santorum says it is half time. it's the fourth quarter. meanwhile, let's talk about this story, when it came across the wires yesterday, it was jaw dropping.

an appeals circuit judge down in the 5th circuit, jerry smith, who was hearing one of the cases from the healthcare reform act and he's got a department of justice attorney in front of him. he had heard what the president said yesterday, the day before, regarding his healthcare mandate. he didn't like it. he put that department of justice attorney on the spot with this. >> i would like to have from you by noon on thursday, about 48 hours from now, a letter stating what is the position of the attorney general and the department of justice in regard to the recent statements by the president stating specifically and in detail in reference to those statements of what the authority is of the federal courts in this regard in terms of judicial review. >> gretchen: as we know, a couple days ago, what happened was yesterday the supreme court heard arguments about obamacare

and whether or not it's constitutional. they'll have their decision at the end of june. the president came out then a couple of days ago and seemed to suggest that it would be unprecedented for the supreme court to overturn something that congress has passed, a law. but that's technically what the courts do all the time. >> brian: for 209 years. >> gretchen: this other federal judge in texas has basically called the president's bluff and is requiring his own department of justice to come forward with this three-page memo now to basically say whether or not they believe that is the court's job to do just that. to look at the constitution and to make a decision. >> brian: it seems like a punishment. it seems like something they would give a fifth grader. you're going to talk out in class? i want you to write 100 times, i want you to talk out in class. i'm sure the white house will not do this. >> steve: let's find out. bret baier asked jay carney about it last night and he said i haven't talked to anybody at the department of justice yet. to her credit, the attorney for the department of justice was

asked by the judge, judge jerry smith, can judges invalidate an unconstitutional law and she said yes. she quoted a case which established the precedent of judicial review. >> gretchen: i wonder what the requirement is from this -- the federal judge who tells the department of justice you must provide this by thursday afternoon, this three-page document, basically saying that you agree that this is the court's role to possibly overturn law, i wonder what the requirement is of the department of justice. if they do not provide that by thursday afternoon, are they held in contempt? what happens? what happens at that point? questions still unanswered. >> brian: therei think about th- >> gretchen: this was in 1803. >> brian: it seems like a long time. >> steve: the president knows this. he taught constitutional law. he knows what the law is. he's turned it into a political

hot potato. >> gretchen: he altered his comments yesterday. >> steve: because he stepped in it big time. >> gretchen: now to your headlines. a fox news alert. while you were sleeping, three nato soldiers unfortunately have been killed by an explosion in northern afghanistan. nationalities of them not being released at this time. nearly 100 nato soldiers have been killed in afghanistan this year alone. more than half of them have been american. blasting into space after yesterday's launch on the california coast. it's carrying a satellite. the national reconnaissance office keeping quiet about its purpose. analysts believe it's a radar imaging satellite capable of seeing at night through bad weather. this is the first of knife national security -- five national security missions launched over four months. check out this new video coming out of santa monica college in california where police were forced to pepper spray a group of students.

while 100 students reportedly protesting the rising cost of classes, we're told they were trying to storm a meeting of the college's board of trustees when they backed police into a wall. that's when police officers decided to use the pepper spray. at least two of the students taken to the hospital with nonserious injuries. the name is still bond, james bond, but something about oo 7 is going to be changing for the next movie. >> wait. one of vodka, shake it over ice and a pinch of lemon slice. >> yes, sir. >> gretchen: believe it or not, bond played by daniel craig, will not be ordering his signature vodka martini in the next film. instead, he's going to order a heineken.

he will also appear in a commercial for the product. the movie is due out in september. i guess there is a new front with movies where you can advertise within the movie, not -- >> steve: product placement. now he's going to be after the brewski and the rusys,. >> gretchen: nbc issued an apology for the zimmerman and martin case in florida. it has to do with this 911 call that george zimmerman placed that trayvon martin was shot. the question is, the editing in which nbc, what they did to the 911 call. did it change the message? apparently it did. now they're apologizing for it. >> brian: here is what they originally said. this is the edited version. this guy looks like he's up to no good. he looks black. in actuality, there was a major insertion they edited out, which was the question to ask what his nationality and race was. >> steve: let's play the 911 tape. >> this guy looks like he's up to no good or he's on drugs or

something. it's raining. he's walking around looking about. >> okay. this guy, is he white, black or hispanic? >> he looks black. >> gretchen: is that a different message? >> steve: yeah! >> gretchen: i'm just asking the question. >> steve: here is what they cut out. so he says, this guy looks like he's up to no good. they cut out, or he's on drugs or something. it's raining and he's just walking around looking about. okay. the dispamper asks, is he black, white or hispanic? they took all of that out. >> brian: you only have a four hour show, you have to take 7 seconds out. >> steve: nbc says the error was made in the production process that they deeply regret it. that's the same thing they said when nbc took out god from the pledge a couple of times. skimpy on details. >> gretchen: let us know what you think about that. e-mail us or twitter us. coming up, wonder what's wrong with schools these days? how about this? the journalism department at one

school says spelling no longer important? that's what spell check is for. we'll have all the details on that. >> brian: the u.s. marines taking up a fight with the uawe. why they say this wrestling star is no good. he's a traitor k9 advantix ii.

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>> brian: we just talked about this story and it's really big this morning. a federal appeals court judge stuns many by saying he wants answers by tomorrow on whether the president truly believes the supreme court has the authority to overturn federal law. a direct response to what some say was a threat from the president to the court about the

health care law not being struck down. he said it on monday. here to discuss this and its implications are our guests. miles miller is here, white house and congressional correspondent and for the daily owned by the parent company at this network and mike slater is here, host of his own radio talk show. joe, how big a deal is this that this district court judge is demanding the president put something in writing like this? >> look, i think it's all gamesmanship over the court, over politics. >> it's branch against branch! >> yes, it is. the supreme court -- that's what it decides is whether laws are constitutional or not. but i think the president setting up, if the court does -- supreme court does throw health care out, setting up that's part of the decision people get to make when they vote in november, his judges versus romney's judges, which i think would be a

titanic. >> brian: miles, joe seems to be thinking the president wants this fight. do you think he anticipated this type of blowback? >> it's widely anticipated, especially after what happened last week. a lot of conservatives saw it as the judges trying to completely knock down the law before they make their decision. the reason that this is happening -- >> by questioning? >> the reason why this is happening is because they have to sort of make an informed decision and in order to make this informed decision, they have to ask questions and the administration has its full right to respond just like everybody had the right to respond. >> my favorite attack from the president was the supreme court shouldn't overturn this because a strong majority of people in congress voted for it. i believe it was a majority of seven votes. 219-212. we have three branches of government and they're not designed to attack our liberty in three different ways. they're there to protect our liberty from the other two branches. that's exactly what the supreme

court is going to do when they overturn it. >> brian: we'll see what will happen. we'll have to wait until june. overall, you don't think there is any panic in the white house that i'm fighting with the judges, i'd rather fight with congress? >> no. >> brian: they like it? >> look, you look at all the things going on right now, women are starting to worry about their rights. different things are going on that the court does have an impact on. the president standing there -- the republicans are losing ground, romney in particular losing ground. >> brian: losing ground? >> absolutely. >> brian: on obamacare being struck down? >> absolutely. >> brian: that's interesting, joe. joe, miles and mike, stay right here because we have much more to discuss, including this: jon corzine lost $1.6 million in cash from his customers. so far, he's gotten off scott free. would you get that same treatment? then in texas, homes leveled, trailers lifted off the ground, soaring through the air. still the threat for storms today. an update on those devastating

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>> steve: we got some headlines. the university of north carolina says journalism students no longer need to know how to spell. that's what spell check is for. instead, students will now be tested on the correct use of a word. great. a group of firefighters in new mexico who won $10,000 in the mega millions are donating a portion of it to a fellow fireman. their colleague has a life-threatening tumor. the money will help pay for his surgery. that's great. all right. now back to the brian bunch. >> brian: jon corzine, former governor of new jersey and senator from new jersey and former ceo of the failed financial firm, mf global, hasn't faced any punishment yet, even though his firm lost

$1.6 billion in customer money. e-mails suggest he directly ordered his employees to move some of that money just days before mf global went under. he seems to be getting a pass. would you? would anybody else? our political panel here to weigh in. let's begin with you, michael slater. what do you think about so far that corzine has been scott free? >> i don't know how much detail we want to go into in what he did or did not do that may or may not have broken the law. i do know for the last ten years, corzine has made a career of stealing money from people and making did disappear. people do this all the time and they're called politicians and money they steal from us are called taxes. after you do this for a long time, you start to have a blatant disregard for what's yours and what is not yours. in the private sector, this is illegal. >> brian: what's really troubling is he transferred 200 million days before the whole collapse from a customer's account to pay an overdraft fee. that's the accusation. >> i think he's not getting off scott free. you saw on capitol hill a couple of days ago, they're grilling mf

global. but you see today mf global's british branch is trying to get money actually a couple million dollars from some of the funds they have there. it's shocking. they're not getting off scott free. four federal agencies are investigating this and it's a big case. >> brian: he's supposed to be treasury secretary. >> he's not going to get away with anything. if he did anything wrong, he'll be the poster child because both parties, particularly democrats, are going to serve it up as an example that they get to the bottom of this stuff and they're going to serve somebody up to the american people and it's going to be him, if he did anything wrong. , anything illegal, which that's -- there is a difference. but the real problem is, if he did, they're building the case right now. they're not going to go out -- you're not going to get a lot of comments right now in front -- out in the open. >> the next two people in command are still at the company. they're going to get six figure

bonuses along with 21 other top executives while they're in bankruptcy court! >> brian: political damage you would think would hit the president because he was so close to the president. word is he was going to be the next treasury secretary. >> joe biden was around saying it was his idea fort stimulus package! >> if he did anything illegal, he's going down. i don't think there is any doubt about that. >> he's got four federal agencies, i don't see how he wouldn't go down if something criminal was at stake. ctfc hasn't found anything yet. >> brian: he seems happy in saint parts these days. great conversation, thanks so much. coming up, she was the last nominee. now sarah palin pushing her pick for vp and you're not going to believe who it is. your e-mails are pouring in for your choice. we'll read them coming up. plus parents are all worried about it, but is america's bullying crisis fabricated? a side of the story you probably

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>> gretchen: half past the hour. fox news alert. brand-new video, which camera am i on? there we go. brand-new video right now.

check out these devastating twisters as it tears through northern texas. look at this video. >> the house is gone. >> oh, my god. it's gone. >> gretchen: the video shows one of the twisters. this is forney in texas. now we're seeing the aftermath from that storm. this video also just in. as you can see, dozens of homes now completely leveled. residents comparing it to a freight train ripping through their neighborhood. >> i saw the clouds, i ran in there and by the time i shut the door, it hit. >> it's hard. i'm just glad to be here. >> gretchen: wow. total 650 homes reportedly sustained significant damage, incredibly nobody was killed in those storms. >> steve: for the latest, we have dispatched rick reichmuth to the scene of the devastation.

he's live in arlington, texas. you pointed out earlier, given the fact there are 6 million people who live in the area and there were so many tornadoes, it was a very random event. >> yeah, it really was. an event that we didn't expect to see big tornadoes yesterday and then it did end up happening and it hit right -- a very populated area. then no fatalities, which is so amazing. the great news is that the warning systems were in place, all the local news stations were covering this wall to wall. we saw that on the local fox affiliate yesterday. then having two tornadoes on the ground at the same time in the dallas-fort worth area is certainly going to be something that the city has never seen before. then they have the damage like this. not a really wide tornado. i can show you these three houses in a row that sustained significant damage. one house with the roof torn off, this one, a big chunk of the roof torn off.

and the garage has been completely collapsed here. the wall of that is opened up as well. then the second floor on the next home is gone also. you can see the trees destroyed. but you go down a couple more houses here and you can see everything fine. you notice these are very solidly constructed homes. so that certainly helps matters if you're talking about people not sustaining as many injuries and no fatalities, that's good news. but also when you think of how strong these homes are built and seeing this damage, certainly a strong tornado cut through here. and as you said, 12 tornadoes just here in the dallas-fort worth area. 18 total in the northern part of texas. all on a day when we didn't think we would see it. we thought we'd see more hail yesterday than tornadoes. hail will be a big story for us, 110 planes in the dallas-fort worth airport sustained damage from hail. they are still now having to go through and inspect all of those planes because of that. over 420 flights today have already been canceled in the

dallas-fort worth airport. big problems across the nation's airports. this is a big hub for so many different airlines. >> steve: rick, brian asked earlier, we saw the video from a helicopter of those semi trailers being tossed around like toys. here is some of the video right here. this was taken by a helicopter, one of the news helicopters in dallas. if you're in a helicopter during a tornado, you got to be worried. how far away from that scene was the chopper? any idea? >> you know what? it's hard to tell because they have such good zoom lenses now. i'm sure they were in a safe distance. one thing i noticed that's interesting, those semis, they looked very small when you see them on that video. those semis are about 50 feet long and you see how high up in the air they are. i would say they were probably 120 to 150 feet in the air and, steve, each one of those weighs about 16,000 pounds without anything in the trailer. >> steve: if it was in a movie, you wouldn't believe it. but we saw it live on tv and it

was real. rick reichmuth reporting live, thank you. >> brian: now to other stories making news around the world. a vigil was held in oakland, california to remember those killed in monday's shooting rampage at oikos university. this is -- we're getting a firsthand look at the man who gunned down seven people and wounded three others. 43-year-old one goh was troubled and angry and facing deep financial problems. he was a former nursing student at the university and apparently had been planning the attack for weeks. authorities say he ordered people in the classroom to line up and began shooting them. he dropped out of school after a fight with the administration over tuition. he says his classmates teased him about his age and broken english. he said also that he's cooperating with authorities and he's set to be arraigned today. >> gretchen: we're learning more information about this chilling image, a warning of an al-qaeda attack in new york city could be coming soon. we told you about it yesterday.

authorities believe it was posted by a committed jihaddist from egypt. the image was found on web site forums which focus on terrorist attacks. terrorism experts say the extremist may be trying to use the image to recruit home grown terrorists in a new propaganda strategy. the nypd and f.b.i. both say there is no credible threat to new york city at this time. >> steve: meanwhile, u.s. marines went one on one with wwe and picked up a major victory. they successfully got the company to kick wrestler rainy forden out of the upcoming marine home front movie. he actually served in the marines, but got a bad conduct discharge in 1999 after he went awol a couple of times. marines who served with the former wwe champ say it would have been an insult to every person who ever served the country if he starred in the movie. he won't. >> brian: in this video, it will warm your heart. pinatas are usually the best

part of a birthday party, if you ask me. >> steve: i like the cake. >> brian: but not the one little boy when it was his turn to smack the candy out of spiderman, he couldn't do it. you see him give in. this kid has to toughen up. >> gretchen: do you know how hard you have to hit one to make the candy come out? >> brian: maybe he's trying to hug the candy out of him. right through the belly button. >> gretchen: that's really cute. see, that's a love tap. no candy is coming out. >> brian: it reminds me of that episode of fred clause when the brother was showing the compassion for other people. >> gretchen: that's a shame that didn't win the academy award. >> steve: next time give the kid a chain saw. >> brian: right. more kids should have chain saws. let's talk about a vice presidential pick. we told you about sarah palin. she thinks colonel alan west, congressman now allen west would be a great pick as number two on the ticket and here is what she

said. >> top of my list is allen west. i love that he has that military experience. he is a public servant willing to serve for the right reason. he understands the constitution. he understands our national foreign policy issues that must be addressed. he has served. i really like him. >> gretchen: that's her pick. we asked you to e-mail us or twitter us who you think would be a good vice presidential pick on the republican side. well, this is from linda. while of course my dream ticket would be governor chris christie and condoleeza rice, i think romney-rice has a nice ring to it as well. condoleeza rice, secretary of state, and many other roles under george w. bush. >> steve: allen west or marco rubio. sarah palin, no way. she's already been there. done that. >> brian: what about virginia? saysmr. west would make a great vp candidate, says this person. r.j.

not only does he know and value our constitution, but he possesses two things missing in washington: integrity and a spine. >> steve: he does have good posture it will he really does did she. >> brian: he really does. >> gretchen: coming up, parents are all worried about it, but is america's bullying crisis, could it be going a little over the top? a side of the story that you never hear. we're going to have a fair and balanced debate on that. >> steve: and cheap air fare, that's the deal you'll want to hear about. one airline offering a cheap tickets. we're talking even cheaper than coach. but there is a catch and that is a big but. >> brian: you got to stand. everyone is talking about this story, the president's slamming the supreme court over his healthcare law. but how will voters react to the blame game wake up!

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>> brian: baylor women's basketball team has made college basketball history. it was unbelievable. they beat notre dame last night 80-61 during the ncaa tournament. they went 40-0, the first time to do that. steve is elated. you thought flying coach was bad. delta is rolling out a new class called basic economy. under this option, travelers will get the lowest ticket prices, however, these are there are no refunds, no changes, no advance seating assignments and i imagine the tray table doesn't go down. >> gretchen: you can be pretty sure that you would not be getting an aisle seat. probably the middle seat. moving on, president obama continuing his campaign against the supreme court yesterday, insisting that the supreme court not overturn his health care

law. >> with all due deference to separation of powers, last week the supreme court reversed a century of law that i believe will open the flood gates for special interests, including foreign corporations. suspend without limit in -- to spend without limit in our election. i don't think an american election should be bank roll bid america's most powerful interests. or worse by foreign entities. they should be decided by the american people and i'd urge democrats and republicans to pass a bill that helps correct some of these problems. >> gretchen: actually that was not what the president said yesterday. that's what he said in 2010 when he admonished the supreme court while they were sitting there in front of his state of the union. so how will the president's approach of calling out the supreme court sit with the american voters, especially if the healthcare law is overturned? let's ask dr. larry sabato, director of the university of virginia center of politics and he joins us live from austin,

texas, good morning to you. >> good morning, gretchen. >> gretchen: so we saw there where the president took on the supreme court back in 2010 during the state of the union. now he's doing the same thing with regard to his healthcare law. where do you stand on this? is it common for presidents to call out the supreme court? >> it's relatively rare. for one thing, i don't think it works politically. i don't think the average voter is particularly interested in an argument between two co-equal branches. in this particular case, at least on healthcare, the president's clearly wrong in suggesting that the court -- he didn't say the court couldn't overturn the health care decision, but he suggested it would be terribly unwise. well, this was decided in 1803 in the case of marbury v madison , precedent of judicial review. the court does have the power to overturn legislation passed by congress if the court deems it

unconstitutional. any first year law student could come up with an answer about that. >> gretchen: so when he called the court activist, that any decision to overturn obamacare would be activist, many people thought that was a warning to the court. so then the story, if you think it couldn't get more exciting, or compelling, yesterday the 5th circuit judge in texas he basically rebutted the president -- listen to this. >> does the department of justice recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities? i'm referring to statements by the president in the past few days to the effect and i'm sure you've heard about them -- that it is somehow inappropriate for what he termed unelected judges to strike acts of congress that

have enjoyed -- he was referring to obamacare -- to what he termed a broad consensus in both houses of congress. that has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority. >> gretchen: so that judge, larry, asked the department of justice to, by tomorrow, give him a flee-page document -- three-page document defending their position. is that going to happen? >> well, it's easy enough to do. as i've suggested, i think a first year law student could write it for them because the answer is obvious. there is no question that the courts are a co-equal branch of government, that they do have the right to overturn laws passed by congress and signed by the president when the court deems those laws unconstitutional. look, there was another president who did this as well. his name was franklin roosevelt. he did it in 1937, 38. it didn't work. the worst election franklin roosevelt ever had was the

midterm election of 1938. so i don't think as a political tactic it's going to produce many votes in november. >> gretchen: but do you believe that it was a political tactic of the president earlier this week to call out the supreme court because he has a feeling that maybe, at least part of his healthcare law, will be overturned? >> well, sure. he's sweating. he listened to the oral arguments, too. now, the oral arguments can be misleading. does it necessarily mean the court will i don't knower -- doesn't necessarily mean they will overturn the law. the president has to have a strategy if the court throws out obamacare. his strategy will be to blame the court, to blame republican opponents and to try to energize the democratic base. we'll see whether it works. >> gretchen: all right. >> i doubt it. >> gretchen: larry sabato, professor of political science. perfect person to talk to about this. thanks so much. >> thanks. >> gretchen: here is a question causing controversy, are parents and politicians creating a panic over bullying that doesn't

really exist? that debate coming up next. first, let's check in with bill heller for what's on at the top of the hour. >> good morning to you, nice show this morning. >> gretchen: thank you. >> how about those tornado images? >> gretchen: horrible. >> few have seen images like these before. there are more storms on the horizon today. we'll tell you where. mitt romney goes three for three. what does that tell america about the campaign now for the white house? a battle between the president and a group of judges that we have not seen perhaps in 200 years, and the deadliest catch yet. you'll see it. and we'll see you with martha and me in ten minutes hi. we're spreading the word about new honey bunches of oats fruit blends and their unique taste combinations. like peach/raspberry. with one flavor in the granola bunch and one on the flake. two flavors. in harmony. honey bunches of oats. ke your day hes better.

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>> i have trouble with making friends. >> move! >> why are you pointing? >> steve: those clips are from a documentary that attempts to shine light on what they call america's bullying crisis. but is bullying really a growing problem in the united states or is there such a focus on bullying that it has now become an exaggerated epidemic? let's have a fair and balanced debate. we have got the editor of reason.com and reason tv, nick, and the author of queen bees, the book that inspired the movie "mean girls," rosalynn. good morning. >> good morning. >> steve: nick, you wrote an op ed in the "wall street journal" a couple of days ago. you don't see a bullying crisis right now? >> bullying exists about 28%, according to the government statistics, about 28% of kids say that they were bullied in the past 12 months. that covers everything from being flicked off to being taunted to being pushed, kicked,

shoved, spit on, things like that. it exists. it is not growing. all of the data shows, in fact, schools are getting safer and children feel safer from harm than they did about 20 years ago. so in that sense, it's not a growing epidemic and i worry that at times we talk about this as something that is continuing to grow and get worse and worse and the response to that from parents, students and teachers and administrators oftentimes ends up causing as many problems as it solves. >> steve: rosalynn, what do you think? >> i think it's never good to panic about anything and the thing i think is most important about bullying is that inherently it's about stripping you of your dignity, like who you essentially are. and so kids need to know about how to handle conflict and how to handle when people go after them. and that's always actually what school has been about. apart from learning your studies, it's also about navigating social conflict. and being able to know how to handle description and degradation and humiliation.

what's important is not that -- for me, this is not about an epidemic and not about talking to kids about let's be nice to each other because kids do not listen to us at all when we talk to them about that, but it's important to teach them competency will handling conflict. >> steve: nick, bullying is a problem, i got a friend whose kid is being belayed at a new school. they wait until the teacher leaves and call him names. it's a problem! >> yeah. part of what you're talking about is also striking is that when you look at where bullying occurs, first off it occurs overwhelmingly at school, which is important to understand. this is an involuntary situation where kids are lumped together. it happens in schools most frequently in hallways and classrooms and on playgrounds where teachers are in charge. so while there are problem -- kids bully each other and they have a pecking order and they try to enforce conformity and i agree with rosalynn we should teach them how to deal with that. we need to teach teachers and

administrators that doesn't create conflict, which is what schools do now. >> actually i would argue with that. conflict is going to happen and so we need to be able to teach people how to manage that competently so that we have people who can take responsibility for themselves. >> steve: exactly right. we thank you very much. great debate on this wednesday morning. more "fox & friends" two minutes away. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. fiona here was just telling me that ford dealers sell a new tire like...every five seconds, how's that possible?

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>> steve: we told you about how at the university of north carolina in the journalism school, you no longer have to spell correctly because you've got spell check. >> gretchen: whoopsie daisy. greg wrote us, i used to write this on the white board when i taught masters degree students. aisle catch what spell check misses. very cute. >> steve: very nice. >> gretchen: it's kind of sad for our kids, don't you think? i do. >> brian: tomorrow, dave ramsey and a guy who says o. j. simpson is innocent and he can prove it. >> steve: we'll be here. see you then.