and united states has spent ten years to catch a taliban fighter same ones who have been trying to kill our troops and in some instances succeeding and now we are releasing them. bob scales goes on the record. but first, donald trump. >> nice to talk to you. we had all hoped for better job numbers. i'm curious, your assessment how is the economy going on now? >> the numbers were not good. the way they are recording the numbers is even worse because it actually shrunk. the actual percentage should have gone up instead of down. regardless there is no one saying the numbers were good. >> the way they are recorded the way we have historically recorded the numbers. there isn't a game going on? >> in the old days, when wlud

jobless numbers you would get real numbers. today you don't know what they are or what they represent. people getting out of looking for a job because they are tired of it because they can't find one. all of a sudden those numbers aren't being recorded. people that gave up looking for a job, those numbers are no longer reflected and it's not aable rat. >> unemployment, numbers were not good but more disturbing is the sluggish numbers indicating that the economy is sluggish. it's not robust and not going recover quickly. am i right? >> i've heard according to some of the so-called great economists this is the weakest recovery they have ever seen or weakest one they've seen since world war ii. so it's not certainly much of a recovery. >> do you sign soin that to president obama or simply wait of difficulty of trying to get an economy up and roaring, do

you think that a president, mitt romney would do anything differently in terms of the robust nature of the economy? >> i think you have to give a president when things are good and you have to give them a little bit of a scolding when things are not good. things are not good for the country. we are not a vibrant country like we once were. i just got back to europe. i stopped at istanbul, through the roof. country of georgia, it's like everybody in the world is studying to find out what they are doing. they are going up like rocket ships. in the meantime, we're doing going down and we're not obviously doing very well. sort of interesting. they took our old philosophy and doing well. >> greta: do you give president obama a scolding, is it something that he is deliberately doing or is it an

ideology or bad luck because of the nature of the economy. what is it? >> i don't want on to use the word scolding when it comes to a president. he is trying to do something and nobody knows exactly what it is. it's sort of not working. it's not working for jobs. it's not working for employment. i think it's probably working for other countries because they are taking our jobs. with so many other countries are doing what we used to do right here. whether it's outsourcing or whether certain countries making our products, we just don't really make what we used to make anymore. >> greta: when the economy is sluggish, is there anything different? i know you endorsed governor romney but can he make a profoundly different strategy in your opinion with a president mitt romney? >> i think absolutely. one thing he understands what china is doing for us. i watched what his stance was on china. it took place during one of the

debates, he is very, very strong on not allowing china to get away with what they are doing. manipulation of currency, making it impossible for us to do business with them, but the reverse like easy we're a bunch of patsies. i know his stance on oh beck is very strong, i know his stances on drilling and taking the energy we have under our feet. that would make a huge difference for this country. >> greta: you mentioned china, you would have handled the issue i guess an ongoing issue, blind chinese dissident. >> look, i think we are devoting more time to the dissident. we don't know this dissident. does he love this country? he is using the country very well. i would rather devote more time to what they are doing economically because they are trying to destroy us

economically than us worrying about their dissidents. we don't know this dissident. yet we are willing to go to war over this individual dissident but when it comes to them sucking trillions dollars out of the economy, we don't do much about that. i think our priorities are turned around. >> greta: so go to war, you don't mean a real war over the dissident. >> it's not a war with bullets but a war. maybe some day it ends up with bullets, they are building a military like you can't believe. they are building a navy. they are building a navy and ships like nobody ever thought was possible. i use the war in a financial sense and economic sense at least for now. >> greta: suppose that governor romney were president and we got the call. we're in china that we got the call this dissident needs to get

picked up. he was picked up by us and brought to the u.s. embassy. what i just read on the wire, he showed up at the u.s. embassy bleeding profusely and state department he had a advanced case of colon cancer. they got him to the hospital. does that complicated how you would handle this in how it's developed. a lot of people are critical of how this has been handled? >> human rights is very important. how many countries are we going to be running. if you talk about human rights, we could name 20 countries that is probably worse than china. are we supposed to be running the world? we are $16 trillion in debt. we are losing a fortune every year, trading with people that we used to beat. are we going to be policeman for morality for the rest of our lives? i don't think we can do that. >> greta: how you would have

handled it? >> i would not have ignored anything, i would say what is going on. when you say colon cancer, that is the first of that one. he is a very young guy. if somebody walks into other embassy and we're supposed to end up fighting like hell for the person we don't know who the person is. >> greta: i know he is bleeding, i don't know an official diagnosis. >> we can't be the morality factor for every single affecting nation throughout the world and what they do and how they do it and how they treat their people. we have enough of a time to treat our people fairly. >> greta: do you see a link between having a robust economy being strong economically and being very successful in the world and thus having some sort, almost moral leadership? >> i think they are connected. if we were the country that we

were, we used to be where china respected us and many other countries respected us, you wouldn't have these kinds of problems. the word respects is very important. you wouldn't have the kind of problems. there is a total lack of respect for our country that frankly a couple of years ago, we were on top of heap. we're not on the top of the heap. we are not respected as a nation. if we were, things one be happening with such regularity. >> greta: last night, charles barkley an analyst at hawks' game, a governor mitt romney attended, he said this, apparently over the broadcast. let me play the sound bite and get your thoughts. >> mitt romney, we got to beat you like a drum. don't take it personal. seems like a nice guy.

you are going down bro. >> any problem with broadcasting comments or is that in good fun. >> charles is friend of mine. he is a great guy. he is having fun. he obviously he is supporting president obama. he is having a little fun. look, there are many bad things said about obama, many bad things said about romney. that is just the way he is. he a great guy, he means nothing by it but he is not supporting mitt romney. >> over the weekend there is a new french president. nicolas sarkozy lost the election. how is that going to change things. what is your bre pre diction? >> how long will carla bruni stay nicolas sarcozy. how long. >> greta: do you have a prediction? >> plirnl i don't think too long.

we'll see what happens with france. france has a very new and untested product. it's not going to be a very good thing for the free world. it's no the going to be very good thing for entrepreneurship. it's noted going to be a good thing for free enterprise. i think it's going to be very negative, much more negative than a lot of people are saying. >> greta: is it not how europe does financially, we are a global economy so for better or worse we are linked together. do you see the change in france and, of course, the impact it might have with chancellor merkel in germany, do you see that having any big european effect that may have an impact on us? >> i think it's very negative for the world. i think it's negative for the part of the world we know. just remember these countries are bound together. they all got together in order to hurt the united states.

they wanted to create something as big or bigger than the united states. so they could do airbus and they could do lots of different companies that would compete against boeing and our companies. when you look what is really happening, i said it a long time we have a chances to even go bigger and better. we'll see what happens. in the meantime, germany is trying to take over the world economically. they weren't able to do it militarily. i think a lot of countries are going back to their own currency i think the euro is going the way of dust. i don't think it left hand around too long. you can't impose austerity on the people when they are not used to it. depression can do that, when the depression comes, then everybody gets it, but you can't have somebody that is doing very well by the way, everybody is going to get it and it doesn't work that way. >> greta: it's an historic,

germany didn't take over the world militarily but they are trying to do it economically? >> if you look what is happening with the euro, who is dominating it and who is buying out the debt and calling the shots, it's germany. they are doing unbelievably well as a country. but other countries spain, italy or greece, you look what is going with them -- i'm not blaming germany but greece may a terrible mistake going into euro, they should have kept their currency and work something out. you look what is going on, germany is dominating the euro. i think germany likes it but they may be in it to deep. >> spain's unemployment record of 24%. you have italy and greece. you have a change in leadership in france. do do you see germany, they are trying to take over economically

are they trying to help the economy of western europe and all the nations over there or trying to take it over? >> i think germany is trying to help germany. that is one of the primary creator of the euro to start off with. this was done not for the betterment of the of the united states. this was for the betterment of the countries that participated so they could better compete with the united states. it's going bad. i think it's an experiment that has to fail. i think many of the currencies and many of the countries will go back to their own currency. >> greta: enthusiasm factor in the 2012 election, president obama spoke made this announcement on saturday in an 18,000 arena, only 14,000 showed up. he was competing with a big hockey game. you have governor romney, big tent. he has the tea party and

evangelicals. do you see 2012 as either candidate being able to get that incredible enthusiasm to get voters out to vote? >> i think there is going to be enthusiasm on both sides. i don't think the president will have the kind of enthusiasm he had four years ago. you had the youth that were going crazy over change. now, they have gotten change, they are saying wow, it's not working but there will be enthusiasm on both sides. i can tell you from the mitt romney side, there is tremendous enthusiasm. >> greta: which would be a better strategic can choice as vice president. somebody who has background of politics or somebody that has a background in business, he himself is a west guy? >> i don't think you can answer the question. think there great people in politics and business. you would have to be specific. there is some people i think would be tremendous. i don't want to go into it right now. there are some people that could

be great. i think there are people with tremendous minefields around them. there are people both in pills that would be terrific. >> greta: who would be the biggest mine field? >> maybe some other day but there are some, no question about it. >> greta: donald, thank you as always. >> straight ahead, is it deja-vu all over again, first the president and congress couldn't do their jobs, that was last august. outsourced super committee, that failed. and they agreed to a across the board spending cuts but they are trying to get out of that agreement, too. house majority leader kevin mccarthy goes on the record. and new outrage on the 9/11 terrorists, telling the judge and all the women lawyers and other women in court should dress in accordance with the muslim religion.

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>>. >> greta: they took an easy way out. dumped it on the super committee. but it didn't work either. now, the result the automatic trigger is pulled and the cuts are happening. but now $55 billion automatic budget cut set strike pentagon. house republicans say think have a new plan but democrats say they are doing it on the backs of the poor. house majority kevin mccarthy joins us. is my description fair? >> it's fair. you have to remember how did the super committee ever come to form. this is what hair ray reid asked for in the debt ceiling. then when you look at what happened at the super committee. who put auctions on the fable? republicans voted a plan and put it on the table.

had you a democrat, he was on the sunday show and democrats have not offered anything. the problem being it took democrats to vote with republicans to do something. what is happening now there are six xheetsz, we are doing the work the super committee would never do. >> greta: as i understand what the most pressing thing that is wrong, house republicans are trying to save the pentagon from the $55 billion cut next year, is that right? >> you look what happens in the process, they make the $1.2 billion cut and they half to the military and half. that is going to the military. look what happened with the c.i.a. and look at the $400 billion you are already cutting. it would take the navy down to less than 230 ships. >> greta: even leon panetta is unhappy with it. the house has passed a bill

today. >> they've been in committee. where can we find tighten up and bring accountability. >> greta: i got a list. 2011 report war time contracting they found a waste of $30 billion on contracts in iraq and afghanistan because of lack of competition. that was an independent -- that is $30 billion. >> there is a lot of places you could find it. no one is saying the pentagon shouldn't eliminate a lot of that but the difficulty if you make the cuts across the board, you will have an army smaller than since 1940. you'll have the navy smaller than 1950. you have to look what you are doing and the world we live in. you can't continue to live and spend wait we're going to spend it. >> greta: i think people agree

that we can't. but congressman steny hoyer and calling on homeowners in pay their fair share. he wants to raise taxes. >> what are they going to do with that money? how are they going to spend with it. the senate won't produce a budget in three years. >> greta: so the sequestration problems, they want to raise taxes so i'm curious, why don't you get together. i look at the numbers where there is waste. before like raise taxes or cut to the poor, so it's to recover the waste and fraud? >> that, the process is working. the house has produced a budget that actually looks where we can get rid of our debt and actually grow the economy. look what happened at the economy the last month. more people quit looking for a job than actually started

working. what we have to do, if you take the budget of america, you of discretionary spending and mandatory spending. do you know if you wipe that all away today you would still have to borrow money. >> greta: if you look in the defense department's budget, i don't want to make us weak, you look at earmarks, for instance in their most recent budget for 2012, they have $120 million for earmarks for alternative energy research for air force and navy. why in the world are we doing alternative research. then we have $255 million for the m-1 upgrades tank and it's been suspended in production until 2017. there are all these numbers. there is so much money here that needs to be moved to the right places. >> that is exactly what the house is doing.

that is why the house going through it. senate doesn't even produce a budget. we need to bring accountability back to government. you should stop all the games they go for. the super committee was supposed to do something. >> greta: we have the super compete because last august the president and the house and the senate couldn't do it so they created this sort of thing to make everybody happy. >> what happened in the process, republicans stood for, if the super committee didn't act you still had to cut. you have to control what government is spending. >> greta: some of the cuts, there is money sitting in our government, some fat. the fat is incredible. >> then support what we are doing, we're doing it committee by committee. >> greta: i have a list. anyway, nice to see and good

luck, i hope i can find the fat and fraud and everything else. >> we welcome any time somebody on the other side of the aisle will want to join us. >> greta: i'm sure they will be happy to join you in this zbliry coming up. legal panel is here to tell you to tell you whether a legal panel is next. prince harry comes to washington. emily's just starting out... and on a budget. like a ramen noodle- every-night budget. she thought allstate car insurance was out of her reach. until she heard about the value plan.

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>>. >> greta: our legal panel is here. i'm going out on the limb. next story is little stupid. gitmo trial, five accused terrorists, one of the amending terrorists defense lawyers showed up in dress in a traditional islamic outfit. but she did ask the judge for all the other females to cover up and what they felt was appropriate out of respect for clients' beliefs our legal panel is here, jim hammer an attorney and ted williams. what do you think this woman showing up dressed like this and asking all the other women.

>> have you ever heard the word clown. i am saddened we had a lawyer involved in this legal process acting in a manner that was just totally inappropriate. she acted like a clown. i'm upset that the judge didn't take control of this courtroom. what i would have done is held her in contempt. she would have addressed and she was not appropriately dressed. from what she says, she was doing this because these guys were going to be looking at the women and turned on by the women in short dresses. this is utterly ridiculous and embarrassing for a lawyer. >> yeah, let me put it into context on ted's last point. i love the irony. these men are responsible allegedly for the murders of 2976 people but they don't want to look at women dressed in skirts because they will be committing sin. what about what happened on 9/11.

those weren't sin that has happened. the whole thing for me is nauseous. you take it a second step, imposing on women, you need to wear the same garb as i am wearing. >> he is so reasonable. listen, i think it's disgusting and disgraceful. it makes you wonder what law school she went to. as a lawyer your job is not to take their religious views and in a court of law should try to muzzle other women and dress them up is offensive. best thing is blindfold on them. >> she certainly has a right to wear what she wants. >> she can wear what she wants. >> but to tell other women she has to dress this way, otherwise. >> to impose it on other women.

i wanted to say this delicately, oftentimes in the business you see the situation where lawyers get really over involved in their case. they don't realize this is search for the facts and they think this is a different type of personal mission and become one with the client. i think it's a little bit out of control. they are entitled to a fair trial but she needs to step back and be a lawyer. >> this nitwit, i have to call her that. when you are trial for your life you need to be focused. like khalid shaikh mohammed could not be focused because some woman was going to be in there with a short dress. >> two women were dressed in military dress uniform. two prosecutors. that can't be too provocative. >> getting back to greta's point whoever your client is, popular,

unpopular, right wing group, religious group you have to maintain a professional distance. i represented the biggest murder nersz this city. i didn't go into court with a gun on my hip. >> if i represented someone from the nudist colony, should i come in naked? >> greta: yes. >> i think you hit the nail right on the head with the hammer. and defendants got too close to the aryan brotherhood and implicated being involved in a murder. they sent letters out and they praised an assault on a prison guard. some lawyers get too close to the clients. it's up to the judge to say knock it off. this crazy ideology shouldn't

even be suggested. >> greta: fujtdly it's about defendants of having a fair trial. a defendant can be forced to wear jail garb because you look guilty when wearing that. i have never seen it where a defense lawyer to put costumes on to satisfy a defendant because that has nothing to do with it. >> even in this military tribunal they are getting more due process they would get in their own home country. >> greta: that is something about us. we do give people a fair trial. we don't take it beyond to silly we are trying to take away other people's rights. >> the judge had the control his courtroom. this judge apparently didn't criminal this woman. i hope he does in the future.

>> the judge ought to open up tomorrow, when you are in america we live by these rules. women get to choose how they dress. welcome to america. >> greta: and i recommend she step back and realize what with her job, she is to aggressively represent him but not to take it to circus level. anyway, i got the last word. nice seeing you gentlemen. you too bernie. >> and demand the women to cover up a show of respect a courtroom stunted or demeaning to women and families of 9/11 victims, go to greta wire.com. >> and linebacker jonathan fighting back. n.f.l. says he received the punishment for taking a leading

role in the scandal. n.f.l. says the players participated in the bounty program for knocking opponents out of the game. sean payne has been suspended and they have not set a date to hear those appeals. >> coming up, the u.s. is secretly releasing high level taliban fighters from afghan prisons. why? some are flabbergasted by the reason. two minutes, the biggest horse race the body is found at churchill downs. new developments in this bizarre murder mystery. the late

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they are identifying the man as adam perez. it was found 150 yards where the derby winner was kept. they are investigating it as a homicide and they are looking for clues in the barns and stables. >> it's still very early. we heard there were altercations earlier in the day. we're not sure if it's related. we are hoping someone has information can come forward and give us an indication why this took place. >> greta: medical examiner says an autopsy shows injuries on the body but not releasing any details on the cause of the death. other track workers saying no one knows what happened and we'll be back in two minutes. go

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republican presidential nomination. santorum making the endorsement in a late-night email to his supporters, saying, quote, above all else, we both agree that president obama must be defeated. romney and santorum met on friday in pittsburgh. the endorsement comes on the eve of primaries in north carolina, indiana and west virginia. one count has romney 300 delegates short of the number needed to clinch the nomination. 107 delegates are at stake on tuesday. romney is the favorite in all three states. the presumed g.o.p. nominee will be spending the day in michigan. that state is considered a possible pickup for republicans in the general election. i'm ainsley earhardt. now back to "on the record" with greta. check out our web site, foxnews.com. have a great day. . >> greta: what do you think of this? last ten years we have been trying to capture and kill the taliban. why are they setting alleged terrorists free?

they are rereleasing high level taliban prisoners. bob scales joins us tell me, why are we releasing these people? >> first of all, it's not done very often. it's done by command authority. when you are fighting the taliban, which is a small number of dedicated terrorists, there is great number of hangers on, these are elders and province chiefs. every once in a while it's the appropriate thing to do to clear a road, to open up a province, to lessen tension in a province to let a fighter in a prison go. >> greta: they are being described as high level insurgents, that could be in the translation. is it possible these are high level people with the command on the ground. >> i would say they are high

level people in the province. they are not al-qaeda and not hard-core taliban. they are probably hangers on. guys that have committed taken americans under fire because they are affiliated with the fwasmt very few of them are key and century targets. >> greta: are they murderers? have they killed our soldiers? >> could be, i don't know. >> greta: if you killed someone on streets you go to prison for life. i realize war is different? >> you have to think of the context of the local commander. if they want to open a road. >> greta: what do you mean by open the road? >> he gets a.m. burned and he is getting tired of it. he goes to the village chief you are in charge of the road. i want you to back off. he says, okay i'll do it but you have to let mohammad go. its toss-up you get more americans killed by being ambushed on the road.

its command decision and sometimes its tough decision but it's th is an unusual war and sometimes you have to make compromises on the ground. >> greta: apparently the exchange is a promise you don't commit violence again. that is like, they got their fingers crossed behind their backs? >> it's interesting. i asked someone that today. they said, you know what, as a rule there is a code of honor within these tribes. if the tribal chief says, i gave my word to the americans, you won't go back to being a terrorists, overwhelming they don't know what we want them to do but they do what the tribal chief wants them to do. it's very strange. >> you the tally ban is horrible to women, stoning them to death. burying them up to their neck and stoning them. and they promise not to kill our

troops. but we promised -- i was in the room when the promise was made by the secretary of state there is that element of that. >> as you know i was in afghanistan a while ago. i spent 16 days there out in the bush. i saw one female, but this has been going on for thousands of years. >> greta: is this different. >> it's unfortunate. when you start reducing forces we get to 2013, 2014, it's entirely possible that the old tribal habits will come back and great progress we've made in getting young women, educated and getting jobs that may go by the side sadly. >> greta: we may be abandoning the women we promised to help? >> i wouldn't say abandoning them but as american force levels decline and you are going to see a lessening of emphasis.

>> greta: so basically tough luck, women. >> regret if a when we are gone in 2014, afghanistan has been around for 2300 years, my fear they will go back to that. thank you greta. >> greta: breaking news, c.i.a. has foiled a terror plot. u.s. officials say al-qaeda was plaque to attack on the anniversary of osama bin laden's death. yemen affiliate was planning to use a bomb with a new design, in other words, one that worked. it was going to be carried in a suicide bomber's underwear. they are examining the bomb. they want to see if f it could have passed through airport security. c.i.a. stepped in fast before the bomber picked the target flight. they say they disrupted the plot before it was go of ever a threat to the united states. straight ahead, justin beiber

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>>. >> greta: these are the top stories, best of the rest. prince harry is in washington.

britain's royal prince has met with wounded service members at the british ambassador's home and helped plant a tree and tonight will accept an award for his charitable tistsz. he received the award at gala dinner. >> and pop superstar just tin beiber graduated from high school. he said i passed my tests and i am free. so why did the singing sensation go to all that trouble. he says his mother wanted him to graduate. how did he celebrate. he went to vegas to watch the unemployed may weather fight. >> and on saturday, representative christy graduated. she earned the degree in political science. despite her political success she never finished college. she dropped out years ago to help run the family's business after her father died. but the congressman went back to

school and now earned her cap and gown. >> one final graduation note. shaq o'neil has received his degree in miami, florida. he wore an extra large gown in the ceremony. he showed his excitement by lifted can in his professor into the air. after 19 seasons on the court he has a doctorate in education. now, we call him dr. oh neil. >> coming up. it's expected to be the biggest technology ipo in history. not everyone is exciting about facebook, you'll find out why most life insurance companies look at you and just see a policy. at aviva, we do things differently.

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>> greta: 11:00 is almost here, flash studio lights it's time for last call.

facebook ipo is causing all kinds of buzz. >> there is a huge business news, just announced more than 330 million shares of facebook stock will be sold later this month. it's great. now, you can own a piece of the web site that owns you. >> that is your last call. lights are blinking and we are closing down shop. make sure you go to greta wire.com and tell us what you thought about tonight's show. and tomorrow night our show airs from texas we'll see you tomorrow night at 10:00 p.m. eastern. good night. ou to join the club. we're asking you to learn from it. that's it. mitt romney. the game -- >> he is going to beat you like a drum in november. don't take it personally. you seem like a nice guy. you're going down, bro. >> bob: my man! charles barker, telling like it is about november.