there's a report out there he may not appear for his own safety. the report that we have is he'll be walked underground into court and he'll understand what he's up against and we'll get a chance to see his defense team which we understand he's met with. he's not cooperating with police but cooperated enough to let us know his whole apartment was booby trapped and if anyone opened that door, there would have been more carnage. >> it's interesting that he did that. the ultimate plan -->> i can't figure that out. >> i think his ultimate plan was to get away and when he was, then, caught in the movie theater parking lot, i'm not sure why he decided it was a good thing and decided to tell the police officers. otherwise, more lives would have been lost at his apartment complex. back to the court hearing for a minute, the bond will be set. obviously he's probably not going to get out on bond with the crimes that he's facing. it's not expected to last long at all and, of course, the prosecution has 72 hours to file

formal charges. and they undoubtedly will release some of that evidence in the court hearing today but probably have enough evidence to be able to hold him. >> while we learn more about what will happen during the suspect's court appearance today, family, friends and loved ones came together to remember the 12 lives cut short on friday. and there are still victims fighting for their lives. david briggs is live in his hometown of aurora, colorado. good morning to you, dave. >> good morning to you, steve. very difficult thing in my hometown here driving here, i went to high school just eight miles away from this movie theater. this is a community that is not represented by that shooting the other night but of course, i think is represented by what we're seeing and rallying and coming together. you mentioned those still in critical condition as of last night, when i checked with hospital officials, nine people are still in critical condition. so unfortunately, the death count could go up. if you're looking at hospitals across the state, they're saying some of these people still could

pass away but we are hoping and praying for all of them and that's, of course, what was happening last night at the candlelight vigil. thousands of people pouring in to offer their condolences but to try to lift the spirits of this community as well. you can see in this video 12 crosses were planted just across the street from this theater by the same person who did the exact same thing after the columbine shooting in april of 1999. this entire town of more than 300,000 not to mention the entire country asking that question why did this happen? said the local mayor, it may be impossible to arrive at an explanation that would make sense to us. the governor of colorado spoke about where this town goes from here. >> i know it would be easier to move forward though it may take days, maybe months, maybe longer. to the family of those gathered

here today, we remain here for you. our community is here for you. colorado is here for you and always will be. god bless you. >> here are some of the crosses across the street. i just went across to. it was an emotional time seeing people still paying a visit to this vigil in the middle of the night. it was 3:00 local time when people started coming to visit. we will not fear says the sign behind those crosses. you mentioned the president was here to lift the spirits. also, peyton manning, the new quarterback for the denver broncos called all those that he could in the hospital to try to speak with them one on one to try to lift their spirits and we hear he will continue doing the same to various hospitals across the state today. we are headed to the courthouse and we'll have the latest from that court appearance which we do believe will happen 9:00 local time later in the program,

guys. >> all right, dave briggs live in aurora with the latest. thank you, sir. >> in the meantime, president obama visited colorado on his way to california yesterday. and during his speech, he told about a heroic story that we hadn't heard yet about two young teenage girls and all about friendship and saving another's life. listen to this. >> ali stood up saying that she might need to do something or at least warn the other people who were there and she was shot in the neck and punctured vein and immediately she started spurting blood. stephanie, 21 years old, had the presence of mind to drop down on the ground with her, pull her out of the aisle, place her fingers over where she -- where

ali had been wounded and applied pressure the entire time while the gunman was still shooting. ali told stephanie she needed to run. stephanie refused to go. it's worth us spending most of our time reflecting on young americans like ali and stephanie. because they represent what's best in us and they assure us that out of this darkness, a brighter day is going to come. >> this president has had to deal with a lot of disasters. think about it. you had the fort hood shooting months into office. the tucson shooting with gabby giffords and six lost their lives as gabby giffords was shot. you had in april the same year 300 killed with tornadoes swept through alabama and surrounding states and joplin, missouri, 161 died when a massive twister, the president found himself consoler-in-chief and i salute his decision yesterday not to speak at the vigil. didn't know those people. and i thought it was really done

well and i thought it was great that he went one on one with those families. >> sure and mitt romney himself said it was right that the president went. we are getting more information about the suspect's apartment and a little peek into, perhaps, what his plan -- it does sound as if he rigged his apartment to be a diversion. remember, it was a little before midnight that the music came on full blast. techno music. and cops, akorpgd to -- according to "the new york post" today thinks what that was is he wanted the neighbors to call the cops and complain. hey, that music is so loud. >> which a girl did. and they said they were too busy across town at the theater. >> well, she actually called the cops after she went up and almost opened the door. so the idea was it would be really loud. they would call the cops and the cops would knock on the door, nobody there. open it up and explode and that would divert the attention away from and draw resources away from the theater. >> so he could extensively kill more people.

the interesting thing is it also leads to the fact that he had some sort of a getaway plan and i find that fascinating only because it seems like he was just waiting in the parking lot to be found after he did some of these shootings. so it doesn't seem to always add up as far as him following through with his plan. >> and i believe that one of the conclusions was that he was going to look like one of the swat team members, be able to walk out. the swat team are issued the neck guards and groin guards but they don't wear them because they're too restrictive. they were able to pull him over, about this apartment, they had the magnetic device, when it would open, the chemicals would pour. as they would happen, the chemicals would ignite gasoline, light up the whole place and his attempt was, i guess, to kill more police officers or to wipe out anybody else in his complex that wanted to go up there and check it out. it makes me wonder why, your original question, i haven't seen it answered.

we're watching hours and hours of coverage. what would be going through a guy's head and do that at the same time saying my apartment is rigged to blow up. >> we saw this hair saying maybe he was the joker or batman. they did find some sort of a batman type mask inside his apartment as well and a poster from one of the movies. >> right. and apparently, some of the cops think that, perhaps, one of the reasons, brian, that he said when the cops arrested him that he said by the way, my place is booby trapped is because the intention was to have it, his apartment blow up first and since it didn't, he said yeah, by the way, so -- >> i'm curious -- >> after he just gunned down allegedly all these people, why would you want to look out for some other people? >> none of it makes sense. >> also a major story today, real quick that he could have been a lot worse if his gun didn't jam. if that gun didn't jam if he was

pulling the trigger too quickly, it could have been lost 100 rounds on everybody. >> we'll continue to bring more information to you. other headlines for you today. a horrific crash in texas leaving 11 people dead including two children. 23 people were crammed, 23 people, inside this ford f-250 truck when the driver lost control slamming into two trees. it happened just 100 miles southeast of san antonio. 12 of the passengers did make it out alive. some are in critical condition. the weather was dry at the time of the crash. there was no evidence of alcohol at the scene and no other cars involved in the accident. now to a developing story out of iraq. today is the deadliest day the country has seen since u.s. troops pulled out in december. a string of shootings and car bombings leaving at least 89 people dead. in one attack, carloads of gunmen opened fire on a military base killing 16 iraqi soldiers. the attacks believed to be coordinated. yesterday, the leader of

al-qaida in iraq warned they are regrouping in areas american troops patrol. jury selection set to begin in the drew peterson trial. the former illinois police sergeant faces life behind bars that he drowned his third wife. also the main suspect in the disappearance of his fourth wife, stacy peterson. although he's never been charged with that crime and she's never been found. a 200 person jury has been waiting for three years for the trial to start, the delay over ether the jurors could hear statements from the victims normally banned but the court ruled the jury can hear them. one of the two people that suffered burns to their feet during a tony robbins fire walk in california similar to the one seen here in 2009 says she blames herself for the injury. the 18-year-old says she got scared walking over the 2,000 degree coles. 23 people were hurt. three taken to the hospital. robbins' organization says it's looking into ways to make the event safer and those are your

headlines. >> a little later on, we'll talk to somebody who actually did that walk and came out fine. meanwhile, 13 minutes after the top of the hour on this monday morning. coming up, apparently nancy pelosi just doesn't have the clout she used to. why she, the democrat, is begging for cash and she is being ignored. >> and is the movie massacre suspect insane? witness accounts make it sound like he is but the evidence may tell another story like all the planning that he was involved. psychologist dr. jeff gardier weighs in next. and now you can make them even more special... with new fancy feast mornings. mornings are delicious protein rich entrées... with garden veggies and egg. each one perfectly designed... to start her day with a little love. new fancy feast mornings gourmet cat food. the best ingredient is love.

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>> as we just told you, suspect james holmes could make his first court appearance since friday's movie massacre a few hours from now. over the weekend, investigators uncovered evidence that they say shows the suspect has been plotting attack for months. in light of that evidence, can the defense, then, still use the insanity defense? >> psychologist assistant professor of behavioral science medicine at turo medical

college, dr. jeff gardier joins us now. we want to note that he has not examined holmes just going in. we're going by the outside and going by reports of what he concluded. first off, insanity. yes? >> i don't think it's going to happen. obviously, this was a young man who had severe emotional issues. that being said, it may not rise to the level of legal insanity. and therefore, in order to get, they'll make that plea, the defense attorneys have no choice. they have nothing at their disposal but to use that insanity plea. but unless this young man is openly a paranoid schizophrenic. >> say he was the joker. >> we may be looking at schizo typo personality where this is a person in related in some way to schizophrenia but doesn't have the auditory or visual

hallucinations or the actual break from reality and therefore, that's why it will be very difficult for him to get off on these charges by being not guilty by reason of insanity. >> i think anyone who is watching our program this morning would say how does somebody who is insane plan this kind of an attack? >> when you look -- and this is what's going to bury him legally. when you look at this long premeditation, having the will and the intelligence and the very smart guy and so still plugged into reality to do something so intricate but as well horrific so there was a lot of predetermination, a lot of planning going on. >> what bothers me is that the mom reportedly said, yeah, it's him. that sounds like my son. thanks. thanks for the heads up. >> well, but, you know, i will tell you this and i work with a lot of parents who have children who may be severely emotionally ill but who may want be schizophrenic. who may have severe personality

disorders as to what i just described and they want to get their kids help. but the kids may be resistant because they don't want to be seen as crazy. they don't want to take psychiatric meds because of the severe side effects and you can't get them into the hospital or force medicate if they're not a danger to themselves or others at the time. so i suspect the parents knew they had a ticking time bomb on their hands but they probably never imagined that their son could do something like this and probably wanted to get him the help the whole time but may not have been able to. >> in these cases, is it some sort of a trigger because it's being reported now this morning that he failed some sort of a test in this ph.d. program that he was in and then he dropped out. could it have been a trigger effect like that? >> i think there are probably a number of triggers. if he's so emotionally unstable is you start to see the count. you start so see he's having

problems in the program even though he's brilliant. he's having problems with relationships with individuals. he, perhaps, can't hook up into some sort of romantic relationship. you know, he's isolated himself. people satisfy him as angry and they're moving away and maybe they devalue him. all of these things start adding up and it increases that rage and then you throw out -- you throw in that emotional instability and that's where you have he finally goes off in this way and slowly, slowly builds up until he explodes. >> which we witnessed. >> yes. >> thanks so much, dr. jeff. >> thank you. >> coming up on "fox & friends", still ahead, conservatives trying to reach young voters with a new movie going to college campuses. up next, we'll talk to the director of that flim. >> then, if you travel six hours before ruining your day. details on this brand new missile straight ahead. accordin,

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>> 24 minutes after the top of the hour. quick headlines for you now. penn state's football program expected to take heavy hits from the ncaa multimillion dollar fines, multiyear bowl ban after reports of covering up years of abuse. a miami neighborhood flooded because of a water main break. more than a dozen homes evacuated. water spewed for three hours before crews could finally shut it off. crews believe the water main broke because of old age. steve? >> the young americans foundation has teamed up with award-winning director steven bannon for a new film called "the conservatives". >> there's this huge connection between economic freedom and political freedom before the

bolshevik revolution or in nazi german, the first thing that was done is to go after the small businessman because he's independent. one of the cancer cells of the american economy, the reason that we're not growing, the reason that we're not creating jobs, the reason that so many young people can't find a career is because the government is crowding out the private enterprise system. which barack obama hates. he's -- he loathes the free enterprise system. >> well, joining us right now is the young america's foundation spokesman ron meyer. good morning to you, ron. >> good morning, steve. >> ok, young americans, you're directing your attentions now at kids in college because you say that college campuses are simply the training ground for class warfare. >> well, that seems to be the way it's become. i mean, supported the obama administration 9-1 in 2008. that's what they're hearing on college campuses, what the president is saying, class warfare rhetoric, whatever you want to call it.

frankly, young people don't hear a conservative side of things. what we're trying to do is inspire conservatives who are on campus to reach out to their peers with a moral case for free enterprise that says hey, free markets do the most good for the most people and they can help your economic situation. i think it's actually interesting, a poll came out last week from a class that said 69% young people support tax cuts for young americans and young people open to hearing these ideas and guess what? they work for young people, too. >> exactly. one of the things you say is when kids are on campus, they just get one side because academics, for the most part, are very, very progressive towards the liberal side. whereas, you know, you look at the people who have been in the president's cabinet, they're academics. they're not people who have been out in the economy. >> yeah. it's the same people. i mean, if you look at the president's cabinet, you'll see people that are, you know, from harvard, from the university of chicago. the president obviously himself

used to be a college professor. the problem is our -- i mean, it almost shows very well that academia has come into the white house and this is what we've gotten. we've gotten massive unemployment. young people right now we have a 17% youth unemployment rate. 53% of us are either unemployed or underemployed. 40% of young people under 30 are stuck living in their parents' basement and the policies that have worked for young people are these policies they're talking about that empower people and empower businessmen. the reagan taxes, when he cut unemployment, it dropped 43% over the next seven years. right now, you can get youth unemployment at 17%. it fell down to 10% by then of his administration and that's exactly what we need. >> sure. i'll tell you, it was four years ago, so many young people and first time voters voted for barack obama and now fast forward four years, many of them did and now, unfortunately, about half of them don't have

jobs. so, perhaps, your message is going to sink in this first tuesday in november. all right. ron meyer from young america's foundation, sir, thank you very much. >> thanks for having me on. >> by the way, that movie is going to debut on august 1st at their student conference in washington, d.c. also available on line at the conservatives movie.com. still ahead on this monday, the brave 13-year-old that tried to save the youngest victim of the movie theater massacre. >> i just was begging the person just please try, please, because we have to get out of here. >> that young woman's incredible fight to save 6-year-old veronica. straight ahead. then one school promising millions more in scholarship money that it actually has. oops. now what do they do? [ male announcer ] when this hotel added aflac

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would not say the name of the shooter as the governor out there would not as well. here's what we're going to tell you a little bit about the shooter's first appearance today in court. it is scheduled for 9:30. unsure whether or not he will actually make an appearance in court because of security concerns, it is not expected to last very long. it's pretty pro forma and he'll be made aware of his rights. >> we understand he's not cooperating with police and a bond may also be set. not likely to meet it. and the government has 72 hours to file formal charges against him but they cannot file formal charges because they don't know. everybody is fighting for their lives right now with nine in critical condition, we believe, and 25 of the 58 still remaining in the hospital. >> and one of those who lost her life, the youngest victim, a 6-year-old little girl, apparently the story now coming out that her 13-year-old family friend who we only know as kayla tried to save veronica moezer and she tells the story of how another person had been shot and was on top of this little girl

and she was asking that person in the melee to try and move and the person said that they couldn't. and she was trying to get to this little girl because she was going to try to do c.p.r. here's her story. >> i was asking the person who was on top of the one i was trying to help if they could move but they kept saying that they couldn't. they were numb. and i just was begging the person just please try. please. because we have to get out of here. it was horrifying. picturing in my head what i saw that night. >> the mother, by the way, was finally told that her 6-year-old daughter did not make it out of the movie theater on saturday night. her family and friends were right there and she said, "i want to die." however, there is a bit of a miracle to this family story and that is the mother, apparently, is pregnant and the unborn child is fine despite the fact that

the mother was shot in the stomach. >> i believe she's also shot in the neck and now she may be paralyzed to some extent for the rest of her life as well but imagine being so severely injured, having a baby inside of you wondering about the safety of that child and then finding out that your first born child has died. >> while you take your family friend, a 13-year-old just to watch a movie. now to your headlines and more on the shooting. >> so another rogue shooting, this one in afghanistan. a manwaring -- man wearing an afghan uniform killing three contractors in a province, the victims are americans and the shooter also dead. two other separate attacks killing five nato soldiers. >> house minority leader nancy pelosi is making a plea for cash as she tries to reclaim control of the house of representatives. she's even threatened fellow democrats by saying they won't be allowed to participate in events at the d.n.c. if they don't contribute. a new report says 64 democrats

haven't given anything to the committee as of last month. that's about a third of the caucus and 109 democrats only paying a portion of their dues. uh-oh. for a total of $1.8 million. republicans in congress much more generous. the national republican congressional committee scoring nearly 6.4 million bucks. >> call it law and disorder. a major scholarship blunder costing the university of louisville's law school $2.4 million. it turns out up to 80 incoming students were promised financial aid they weren't entitled to or more they should have gotten. the school is making good on the offers. administrators say they'll dip into a rainy day fund and the bad news, though, is if it doesn't cover it, they may have to cut financial aid for next year's freshmen. >> that's rough. >> check this out, you definitely don't want to be tarp targeted by one of these missiles. the fire shadow can even hit a

moving target. the person on the ground can actually control it. taking it to a better spot or have it destroy itself to abort the mission. british army said to have purchased some of these missiles to be tested out later this year. >> those are cool -- >> all right. let's talk a little golf, brian. >> i remember this guy, he text messaged how bad a golfer i am. >> he's pretty good. >> i guess so. >> ernie els won surging from six shots out and the british open in the final round. he knew he was in at least second place. it depended on adam scott, nobody is going to catch him unless he had a major collapse. he couldn't make the shot. four shot lead with four holes to play. els would win in the clubhouse. his second british open win. it's his fourth major and i think third major win in three separate decades. now to baseball, baseball's highest honor and two legends

officially inducted into the hall of fame. barry larkin taking his place in cooperstown. he had over 2300 hits. reggie jackson evidently gave him the thumbs up. cubs third baseman also inducted, played 15 years. all but one with chicago. vickie santo receiving the mrablg for his her late husband. members of the denver broncos trying to lift the spirits of the survivors of the movie massacre. six players visiting the medical center of aurora to meet with five patients there. broncos showing their appreciation to emergency room staff which by all accounts was flat out sensational at all the area hospitals. >> brian, i just got an e-mail from ernie els and says that was your best sportscast in years. >> fantastic, steve. via text message and you're not exaggerating. he actual text messaged how bad i am. >> didn't he text message butch harmon because butch harmon the coach was on trying to give you a few pointers. >> and he was encouraging. wow, you really got better even in the moments that we spent

together and he came in 20 minutes later and said i got a text from ernie els. what was the quote, joel? >> i don't think that joel can actually say. >> we can't say it? >> it said that guy has no blanking game. i'll never forget it because it was a classic. >> i had blacked it out. >> good to know that ernie els is watching. good morning. you're a winner. >> congratulations. >> congratulations. >> 21 minutes now before the top of the hour. t.s.a. letting potential terrorists attend flight school in the united states? i thought that was supposed to stop, right? up next, a guy who lost his cousin in the world trade center on 9/11. let's find out how he feels about it. >> then president obama and mitt romney putting differences aside to come together to remember the victims of the tragedy in colorado. so can politicians put the politics aside more often? we'll explore that in a debate coming up. >> and as we go to break, another look at the vigil for the victims of the movie massacre. that took place last night. [ bell tolls ]

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>> got some quick monday morning headlines for you. kind of sad news here. the weekly reader, a staple in american classrooms for decades is shutting down. the school newspaper has struggled with digital content and schools cutting back on their budgets. "weekly reader" is own by scholastic and will be combined with scholastic news. oh, boy! and she was booted from "the today show" and now ann curry may be taking her tal talents to the local chuckle hut. she's considering doing a stand-up act for this year's new york funniest reporter contest. that's hilarious. gretch? >> both president obama and governor mitt romney putting

politics aside to remember and honor the victims of friday's movie massacre. >> confess to them that words are always inadequate in these kinds of situations but that my main task was to serve as a representative of the entire country and let them know that we are thinking about them at this moment and will continue to think about them each and every day. >> i will note that my remarks today will not be as partisan as normal to allow me to talk about the vision for the country in part keeping with the seriousness and the thoughts of the day. >> and this isn't the first time lawmakers have worked together in the wake of a national tragedy. so what can politicians put aside politics? why can't they put aside more often? for a fair and balanced debate, wee joined by our washington insider penny lee, former communications advisor to senate majority leader harry reid and jonathan callegio, a republican strategist. good morning to both of you. jonathan, how long is this going

to last where they'll play nicy nice? >> first, i mean, it's critically important that folks are focused on what's important here. that's making sure that the families know that folks are thinking about them and they're in their prayers. the question really isn't whether or not the civility is going to happen but how long it's going to last. remember, when president obama gave that speech in arizona last year after the gabby giffords shooting, he said that we needed to have a new dialogue in america where we use words that heal and not words that tear down. but then like, you know, within a year, he was running ads calling mitt romney a vampire and his campaign was calling mitt criminal. it's going to get back. there's this political gravitation towards that normal. the question is really when it's going to kick in and how long the civility is going to last. >> do you agree with that? is it a matter of days, weeks, what is it? >> well, jonathan, i hope it would last a very long time because it is within the spirit of america that we can be able to be -- that we can disagree without being disagreeable. unfortunately, these moments as we have seen time and time again are fleeting and they become more of the abnormal than the

norm. these moments of civility that we have so it is -- as jonathan also alluded to, it is that it's an important point that we are speaking to those victims there in colorado and also the hope in giving those who are still recovering or they're still in the emergency care that they know that the hearts of the nations are with them and their thoughts and in their prayers but i assume more unfortunately sooner rather than later the business of politics is going to come back full force. >> right, how does that business of politics happen, jonathan? because these campaigns obviously are not stopping their strategy sessions during this time. and so who makes the first move to go back and be negative or does somebody from the outside do it? >> that's an interesting question, you know, both of the campaigns my understanding is that they've -- they're no longer advertising ads in colorado but they're still advertising in the other competitive states. so it's kind of a hiatus taking in one region but their campaigns aren't totally turned off and i think that's a very, very good point. there are folks kind of planning

the next moves as we speak and i think that they're both at this point, i think they're not running ads in colorado for a week. we'll see if it goes any longer but it will be interesting to see. >> penny, you advise candidates. you advised harry reid. what would you advise your candidate right now when they go back to things as usual? >> they need to maintain the level of civility as long as possible that you don't want to be the first one out of the box. there is likely to be a gaffe or likely to be a quote taken out of context saying we have to respond at this point. that's when the decision will likely be made. it's not something that you proactively go out there on. >> all right. we'll be paying close attention to that to see when and if that civility goes bye-bye. penny lee and jonathan, great thoughts this morning. thank you so much. >> thank you. >> the t.s.a. letting potential terrorists attend flight school in the united states? how the heck does that happen? up next, a man who lost his cousin at the world trade center on 9/11 with his reaction. is america on the road to

becoming the united states of poverty? stuart varney is here with frightening new numbers. be right back. [music] see life in the best light. transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses.

>> all right. more than a decade after the attacks of 9/11, new report by the government accountability office reveals that even those on the no fly list are able to train at u.s. flight schools even today. alabama congressman mike rogers, former f.b.i. guy had this to say on "fox & friends" on saturday. >> what we learned at the hearing is just an aside and shocking revelation is that if you are in this country illegally but on the no fly list, you can still get flight lessons. we won't let them sit on the plane as a passenger but teach them to get in the cockpit and fly. >> joe connor lost his cousin steve on 9/11 and working in the

north tower of the world trade center and has had terrorism in his life since he was 9 years old when your father was killed by terrorists, correct? >> right, in 1975. >> what's your reaction to the fact to the fact that the t.s.a. says you can't get on a plane but you can learn to fly one? >> it's so outrageous, you can't put our arms around it anymore. the government has got out of control. we have all these agencies who they speak to each other but don't speak to each other. the t.s.a. will tell you you can get on a plane but can't train. the f.a.a. will give you a license if you're an illegal alien. it's incredible! and what do they do after 9/11? after i saw the planes hit. i was in the trade center that morning. i saw the buildings explode. i saw people jumping and i thought that maybe by this time we would have straightened something out. you know what we did after 9/11, created another bureaucracy, homeland security to fix the problems of the old bureaucracies and look where we're getting, we've gotten

nowhere. >> the t.s.a. approved flight training for 25 illegal ages in the boston area of all things which was even owned by an illegal alien so those guys all graduated. six illegal aliens were eventually awarded pilots licenses. >> right. and they only found out about it because the owner of the school was caught in a traffic violation. so think about that -- this one agent -- one flight school of thousands of in this country so where is this going on besides? it's, you know, it's mind boggling. >> i want you to read what the t.s.a. said because they weighed in on this and they said essentially this. t.s.a. is reviewing whether the current statute should be amended but must review of the specifics of the bill. the t.s.a. agiving consideration to amending these regulations. in your mind, is this just incompetence or do you think this is people trying to be politically correct to not do anything against illegal aliens? >> you know, brian, it's hard to know.

political correction used to be sort of a nuisance in our society. it's become a noose around our next now, people are dying because of it. it's hard to know if people are doing it as of complete malfeasance or incompetence. either way, it almost doesn't matter. we need to stop it and stop the bloated bureaucracy and understand it's the people that are in control here and we need to protect our own citizens. >> so many times, these hearings are almost scripted. but i really sense that these lawmakers were shocked by this. >> well, you know, they can say they're shocked by things but they are the lawmakers and the ones that we put in charge. >> so it's no excuse even if they are. >> even if they weren't there when the laws were put in place, it's their job. i have a job. i need to know what happened while i'm at work, before i got there. and it's their job, too. you know, i'm glad that they said they're shocked because of a little honesty out of that. it's no excuse. they have to go and fix these things. >> how did muhammad atta get to flight school snoo auto it happened before any of this. we should have learned from

atta. you don't need a pilot's license to run a plane into a building. all you have to be able to do is keep the plane in the air and just by virtue of sending someone to a flight school would allow them to do that and it's outrageous. >> just to spell this out, you're essentially saying the way the law reads right now, i'm not going to get on a plane because i'm on the no fly list but i can drive to a flight school and learn to fly a plane. >> yeah. yeah. i mean, only in this -- and i think to come back but only in this crazy world that we live in can that be possible. i mean, we had a debate in 2008 about having a driver's license. remember, the democrats were debating should an illegal alien have a driver's license? >> yeah. >> now they're giving pilot's licenses to illegal aliens and 500 people, americans on the no-fly zone, no fly list and they can take lessons and get a license. >> sadly, you're uniquely qualified to comment on this because terrorism has been in your life for decades. thanks so much. >> my pleasure. thank you. >> coming up straight ahead in

the next hour, many were wondering where the red flags on the movie massacre gunman were. there was at least one when he applied for a gun range permit. what the owner of that range said he discovered about james holmes that left him feeling sick. and a breath taking time lapse video that simply is out of this world. ♪ why not try someplace different every morning? get two times the points on dining in restaurants with chase sapphire preferred.

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and what they said is amazing. review 5-hour energy over 73 percent who reviewed 5-hour energy said they would recommend a low calorie energy supplement to their healthy patients who use energy supplements. seventy-three percent. 5-hour energy has four calories and it's used over nine million times a week. is 5-hour energy right for you? ask your doctor. we already asked 3,000. >> good morning, everyone. it's monday, july 23rdrd. i'm gretchen carlson. thanks for sharing part of your day with us today. let me tell you what's going on right now because the nation is joining the community of aurora, colorado, in remembering the 12 lives lost in the movie massacre. this while several victims continue to fight for their lives. we'll go out to the scene with all the latest information.

>> all right. in just a few hours, the movie massacre suspect due to make his first appearance in court but he may not show up at all. we'll go live to the courthouse regardless. >> has his true plan finally been revealed? police sharing new details on the movie massacre suspect's secret escape. and how an eagle eyed officer foiled his plot. >> "fox & friends" hour two for a monday starts now. >> good morning, everyone. as we touch off our work week right now, unfortunately, we still have to bring you the sad news that's coming out of colorado but the tribute that the vigil for the 12 people killed happened last night. more were hurt in that massacre. aurora mayor steve hogan telling

families and loved ones they are definitely not alone. >> the citizens of this state will do whatever it takes for as long as it takes to help you. >> our own dave briggs live for us in aurora where the man is expected to make his first court appearance. you grew up in this town, aurora, colorado. >> i did. i went to high school eight miles from the movie theater where the shootings took place. we are now in centennial, colorado, where just a few hundred yards over my right shoulder sits the accused gunman. he is in this jail cell, you see behind us. apparently lawyered up says the police chief of aurora and he is not talking to us. how close is the courthouse? just a couple hundred yards away so don't expect to see the gunman this morning. we understand there is an underground tunnel which he will be escorted into the court for a very brief appearance this morning.

they call it an initial advisement. he will be informed of the crimes for which he's being investigated. a lot of questions this morning about one, will there be an insanity plea? we will likely not hear anything about that yet. they have not determined his mental state of mind. how about the death penalty? that is up to d.a. carol chambers. two of the three people who all are on death row here in colorado she placed there. so it looks like in all likelihood a case where carol chambers would proceed with the death penalty. we will not hear about that this morning. a brief 15 minute appearance. what is next for the gunman? john hickenlooper is the governor in colorado and he spoke at that candlelight vigil and he said i refuse to say his name. and the entire crowd at that vigil was thrilled to hear that. that appears to be the sentiment in this community of aurora, of denver, they want to focus on the victims. 12 people, of course, were killed.

58 injured. but the count could go up. there are still nine in critical conditions at hospitals across the area according to the officials i spoke to last night. the court hearing again an initial advisement happens at 9:30 mountain time and 11:30 eastern time. we'll speak with a legal analyst about what to expect at 8:30 eastern time to give you an exact breakdown of what's to come, guys. >> all right, dave. thank you very much. by the way, he does sit right now in the women's wing of the hospital -- of the jail right there in solitary confinement. in addition to the vigil that dave was talking about last night, the president of the united states dropped by the university of colorado hospital in the area and he had apparently intended to spend about an hour there. wound up spending about two hours there. and he heard a lot of personal stories including the story of a young person named ali who was shot and her quick thinking friend stephanie saved her life. listen. >> ali stood up seeing that she

might need to do something or at least warn the other people who was there. she was shot in the neck and a punctured vein and immediately she started spurting blood. stephanie, 21 years old, had the presence of mind to drop down on the ground with her, pull her out of the aisle, place her fingers over where she -- where ali had been wounded and applied pressure the entire time while the gunman was still shooting. ali told stephanie she needed to run. stephanie refused to go. it's worth us spending most of our time reflecting on young americans like ali and stephanie. because they represent what's

best in us. and they assure us that out of this darkness, a brighter day is going to come. >> apparently, spent a lot of time meeting with all the different members and the people, some of the 58 that are battling for their lives and the family members of the 12 that lost their lives and thought it was the right tone yesterday and hearing him speak off the cuff is sometimes when he's at his best. what we're now finding out, too, is they're talking more and more about what they found in the apartment and how it could led to the ultimate plan, the perfect plan that the suspect had, tried to pull off. number one, he wanted to walk in, it seems, through that door and kill as many people as possible. he would have been successful had thankfully his assault weapon not jammed up. and if it didn't, he would have shot at least 100 rounds and emptied it right on those people. instead, he had to switch to his rifle and because of that, not as many people thankfully were hurt. but when he left and went out into the parking lot, it looks as though he felt with his outfit on, he looked like a swat

team member. there are two things on his outfit that gave it away to two swat team members that he was not one of them. one was his neck guard and the other one, i believe, was his groin guard. he said we get this armor. we don't wear it because it's too inhibiting and when they spotted that, they said this can't be one of them. they stopped him and got him. >> also at the apartment, we're learning what was inside and what the plan was so as you've heard over the weekend, it was full of booby traps and very volatile ones that if you would have actually opened the front door as he was hoping somebody would because he had set off loud music, that person would have initially been killed and that would have triggered all this gas and other explosions to happen maybe taking down the entire apartment complex. why did he want to do that? because he wanted the police to be diverted to that area of town so that he could be carrying out his deadly actions at the movie theater. >> and perhaps, that is why shortly after he was arrested by those quick thinking cops over

at the movie theater behind the cineplex next to his car they were able to -- that could be why he said by the way, when you go to my place, it's booby trapped. also, it's revealing. i believe it's in "the new york times" today apparently he had in his pocket a bunch of vicodin as well. don't know why but he had them. >> he bought his gear from tactical gear.com and possibly learned to shoot from playing paint ball. >> the thing about tactical gear.com is that the same place that the aurora police department gets their tactical gear and so he looked like them and, you know, we had heard that he just gave himself up when they came back there. apparently, he was just standing there and it wasn't until the guy said what are you doing with that on? and that has not been confirmed by the chief but "the new york post" did have a source that said, yeah, it was those protectors that gave the guy away. he wasn't one of us. >> the other thing is he basically had no internet presence. people are finding that fascinating right now because he had no facebook account.

no twitter account. >> my space. >> apparently, he was on match.com. not sure where that was leading but the idea that somebody of this age, 24, would not have more of an internet presence is somewhat interesting. in the meantime, one of the magazines that he bought would have been restricted, magazines meaning a gun magazine would have been restricted under the legislation right now that's in congress. so, of course, this is erupting the gun debate again and it happened pretty soon after this happened on friday. people are going to be on both sides of the fence on this whether or not something like this should pass where assault rifles are not legally purchased or not. you know, whether or not the second amendment is -- >> they wanted to pass legislation that you can't buy ammo over the internet. you have to show up in person. that got killed and never got out of congress. i don't think democrats and republicans want this gun debate. that's my hunch. i think both of them reveals how they feel, they feel as though they have to pay a political price as going into the anti-gun

debate and they had before during the clinton years. >> some are calling on both the candidates, barack obama and mitt romney to get into the gun debate on the heels of this. it will be interesting to see going off your point, yeah, going off your point whether or not they will. >> the one thing about this particular magazine that you're alluding to, apparently, because it does hold 100 rounds, it is notorious for jamming. and apparently, that's what it did and the fact that it jammed probably saved some lives because he had to switch to a shotgun and he had a couple of glocks as well. >> other stories making headlines this morning. begin with a developing story out of iraq today. it is the deadliest day the country has seen since u.s. troops pulled out in december. a string of shootings and car bombings. 89 people have died today. in one attack, carloads of gunmen opened fire on a military base killing 16 iraqi soldiers and the attacks are believed to be coordinated. yesterday, the leader of al-qaida in iraq warned they're regrouping in areas that american trooms -- troops used

to patrol. horrific crash in texas leaving 11 people dead including two children. 22 people somehow crammed inside this ford f-250 truck when the driver lost control running off the road and slamming into two trees. the crash happened on u.s. 59 about 100 miles southeast of san antonio. 12 of the passengers did make it out alive. some are in critical condition. the weather was dry at the time of the crash and there's no evidence that alcohol was a factor. no other cars were involved in the accident. jury selection set to begin today in the drew peterson trial. the former illinois police sergeant faces life behind bars on charges that he drowned his third wife kathleen sabio in a bathtub. peterson also the main suspect in the disappearance of his fourth wife, stacy peterson although he's never been charged with that crime. a 200 person jury has been waiting three years for this trial to start. the delay over whether the jurors could hear witness describe statements from sabio and stacy peterson. normally that would be

considered hearsay and would be banned. a jury has ruled that the court can hear them. it's a whole new way to look at earth. photographer showing what it's like to fly by planet earth at nearly 18,000 miles per hour. the breathtaking time lapse video uses thousands of photos taken by crews on the international space station. those are your headlines. >> that is cool. meanwhile, coming up straight ahead, the federal government is spending more than ever to combat poverty but startling new stats say not working! stuart varney here with some branld -- brand new evidence. >> james holmes was trying to shoot at a shooting range but was rejected by the owner. what did the owner detect? owner himself coming up. [ taste buds ] donuts, donuts, donuts!

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see life in the best light. [music] transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. >> question for you. are we slowly becoming the united states of poverty? according to the latest projections, 1 in every 6

americans can be considered poor and that number is sadly getting bigger. >> so the ranks of america's poor climbing to levels we haven't seen in half a century just in time for the 2012 presidential election. here to explain the current situation, stuart varney, host of varney & company. good morning. >> good morning, gretchen. >> what do you make of these numbers? >> there will be a report issued by the census department. it will be made public right before the election and show the number of poor people rising to record levels. what's poor? well, according to this census department study, it is those people receiving cash, a cash income that is very, very low. the proportion, that category of people is going to rise to a record number and that report comes out just before the election. but remember, this is cash income. doesn't include food stamps, doesn't include unemployment insurance. you can own a home. you can own a car but you still, if you've got less cash coming in the house, you have, you are considered poor. >> sure and stuart, that's

supported by the so-called u-6 number that shows the number of people in this country given the terrible state of the economy, the number of people who are either underemployed which means they don't have enough work, aren't getting paid enough money or are unemployed so it would make sense given the nature of where we are in the economy there's going to be more people who are poor. >> exactly. this is all about the very weak state of the economy. it is the weak economy that's creating these poor people. and those numbers are rising. by the way, in the next two weeks, we get, i think, likely even worse news on the economy. we're going to get numbers that show us barely growing at all. we're also going to get numbers that may show the number of jobs declining. not job creation, gradual job creation but actual job destruction. >> you say this does not include food stamps and other government benefits. how -- so how does that -- aren't they interrelated, though, because the more people who are in the poverty, below the poverty line will have to be

on food stamps. >> that's correct. it will probably put increased pressure for more people to go on to food stamps because their cash income is so low but there is a distinction here. you got to remember that. if it's cash income poor, that's how we as a country define poor people. cash income. the idea of food stamps, that's totally separate but you're right, gretchen, more people will be claiming food stamps as the number of cash poor people goes up. >> i think we have a graphic to depict for folks who are watching right now. there's been a war on poverty in this country for a long time. and i believe the graphic starts, all right, this starts in 1970. as you can see, poverty level is about 11% and then in 1993, it hits 15% and now it looks like we're about to eclipse ththat. >> the record is 15.3%. that's 1983. odds are according to all the experts, we exceed that by the end of this year. and that census report will

detail a record number. maybe 15.7% of the people of america are cash poor. that will be a political bombshell right before the electi election. >> it's heartbreaking because so many people are at that end of the food chain. this is supposed to be the place where everybody has a chance and unfortunately, given the state of things, we don't. >> the answer is growth. you got to grow the economy. growth solves a lot of problems. we got to have growth. >> it can play well for both candidates because i can just hear the arguments on both sides of the fence on this one. >> sure. >> we'll be tuning in to "varney & company" weekdays on the fox business network. >> two hours from now. still ahead, many wondering where were the red flags on the movie massacre gunman? there was at least one. he was denied a permit for a target range. the owner of that shooting range here next live with brian. >> and it's costing airlines a lot less to fly you around. so your ticket prices should be going down, right? nope.

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>> getting news by the numbers right now. first 20%. that's how much more president obama's campaign spent in the month of june compared to how much it brought in. spending more than taking in. his challenger mitt romney also raised more than the president in both may and june combined. next, 11 pennies. that's how much the average cost of a gallon of gas has risen from the beginning of this month. experts say we can expect the prices to continue to go up. as we fill up. and finally, 11%. that's how much lower jet fuel prices are making for cheaper flights for travelers. although most airlines are charging more for baggage and

other services. you want a blanket? that's extra. >> 23 minutes after the hour. even more new accounts for the colorado movie theater massacre this morning. dave briggs is live with two young women injured in the attack. one of them was shot in the face and the bullet is still lodged in her chin. >> dave? >> yeah, can you imagine the bullet still there? doctors have no plans to take it out. we are here in centennial, colorado, with the backdrop being the courthouse where the accused gunman will appear in court for initial advisement at 9:30 local time, 11:30 eastern time. our two guests this morning are mikayla hicks and lori schaefer. great to see you both. brian was telling a story about you. you were sitting in this movie theater watching the new batman movie when you're shot. the bullet still in your jaw this morning. why first off why is the bullet still there? >> they said that if they were to try to take it out down here,

my chin that it would damage too many nerves. they said if it causes problems future in my life, that i'll just see a plastic surgeon. but until then, i get to keep it in there. >> you will forever have a little reminder of this horrible tragedy. tell me exactly how it happened. you're sitting there in this movie. you're on the opposite side and in theater 8 adjacent to theater 9 where the shootings took place. describe for me what happened. >> we're on the far left side of the theater. she's sitting in the aisle seat so we're as far as we can get on the left side. there's a shooting scene in batman. then we heard some gunshots that were way too loud to be a part of the movie so i knew that it was something additional than just stunts from the movie. and i felt my face get hit on the second shot. i heard -- started bleeding and knocked out a tooth that i caught in my hand. and then we just tried to get out of there as fast as we

could. >> i can only imagine. lori schaefer, you are just a graduate of overland high school. tell me at what point you realized your good friend had been shot and what were your emotions at that point? >> i realized like right away that she was hurt badly. i didn't know she had actually been shot. that's not the first thing your mind jumps to. it wasn't until like we had run down the stairs, run around to try to get into the main lobby to go to the bathroom when we were stopped by other people telling us not to go out there and gone out to the back exit that leads outside. when we got out there, we saw people from theater 9 running and screaming and bleeding and just that's when it really clicked that like something really big just happened. and that it was worse than we thought and went back in our theater not having anywhere to go. >> mckayla, physically you seem to be doing very well this

morning. shocking to hear that story. mentally, how are you doing? i was at the memorial earlier this morning and couldn't help but shed a couple of tears. how are you handling all this? >> i'm doing good. i have been sleeping well. my family is doing good. we're so glad that it hit where it wouldn't break my jaw or go into my throat. just glad that it didn't hit anywhere else or hit anyone else sitting next to me. >> many people this morning are angry, it's turned to sadness. lori, how do you feel this morning about this accused gunman? i know the governor john hickenlooper chose not to say his name and many people feel to keep the focus on the victims. what do you feel? what will give you some closure here for the accused gunman? >> i think just like knowing that he is really behind bars where he doesn't have any hope of ever getting out or anything, whether he ends up on death row

or something else just like -- just knowing that he is being held where he can't hurt anybody else. >> so many people, mckayla are asking why, people in this community and people across the entire country. do you have any answer as to why this would happen? >> i have no idea. it's sad to see someone who is so brilliant had so many things for him ahead of him and just throw it away because he's pathetic. i mean, that's the one word i have for him, honestly. >> one sick individual. he will appear in court and initial advisement is 9:30 mountain time. 11:30 eastern time. we want to thank both of you for being here. mckayla is a senior at bennett high school and lori just graduated from overland high school. thank you to both of you. we can't imagine what you've been through. some harrowing stories here from colorado. back to you. >> no kidding. and that girl is going to have

that bullet in her jaw unless it causes problems. >> wow. >> amazing story. all right, dave, thanks so much for that coverage. we'll be back out to you shortly. >> thank you. >> in the meantime, should the colorado shooter get the death penalty? it doesn't happen very often in colorado. there's only one person on death row actually. donald trump has an opinion. he joins us next. [ male announcer ] for making cupcakes and deposits at the same time. for paying your friend back for lunch...from your tablet. for 26 paydays triggered with a single tap. for checking your line, then checking your portfolio. for making atms and branches appear out of thin air. simple to use websites, tools, and apps. for making your financial life a little bit easier.

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>> it is now 29 minutes before the top of the hour. we'll talk to donald trump very, very shortly but first, we've got some headlines for you. house minority leader nancy pelosi macing unsuccessful pleas for cash as she tries to reclaim control of the house. she's threatening fellow democrats by saying they won't be allowed to participate in events at the democratic national convention if they don't contribute. a new report says 64 democrats haven't given anything to the committee as of last month. that's about a third of the caucus. and 109 democrats only paid a portion of their dues for a total of $1.8 million. $1.8 million. meanwhile, the national republican congressional committee scoring nearly $6.4 million in the money list. >> now you can get your degree in sleep. unc charlotte and unc chapel hill announcing they'll be offering a new bachelor's program in neurodiagnostics and

sleep science. it starts this fall to nld more about sleep disorders that have been getting more and more attention in recent years. >> study the three of us. >> that will be great. we have to sleep first. >> that would take a long time to get to the bottom of everything. now you see it, now you don't. what used to be the 17 story palace hotel in new orleans gone in the blink of an eye. it was demolished to make way for a new state of the art hospital replacing another hospital that was damaged during hurricane katrina. >> from a 6-year-old girl to a u.s. navy veteran, we're learning more about the 12 innocent victims who lost their lives in the dark knight movie massacre in colorado. many of them sacrificing themselves for the ones that they love. ainsley earhardt is here with more of these stories. >> we've been scrolling through

these names one by one learning about each of these victims. they're so devastating. all of the stories heartbreaking and we want you to know who these individuals are. at least two of them died shielding their girlfriends from bullets. one of them 27-year-old target employee matt mcquinn. here's his picture and his girlfriend in the back. he dove in front of her and his girlfriend's brother shielding both of them from gunfire. then there's 26-year-old jonathan blonk. he saved his girlfriend by throwing her under a seat in the theater. he's a father of two that had served three tours in the navy and planned to become a navy seal fighting for our country. 27-year-old john larimer also in the navy. he joined last year and was stationed at buckley air force base. his commanding officers saying he was an outstanding shipmate and then there's 29-year-old jesse childress who also served at buckley air force base. he was a cyber systems operator and a huge batman fan. alex sullivan also described as

a comic book geek. he was celebrating his 27th birthday that night and he died two days shy of his first anniversary which would have been yesterday. 23-year-old micayla medek was a huge green bay packers fan and saving money to take her entire family on a trip to india. and then there's 24-year-old alexander teves who just earned his master's degree in counseling and psychology and huge spiderman fan. aspiring sports reporter jessica ghawi and she was just 24 years old. all of these, 24, 29, 30. she survived a shooting at a mall in canada last month and then blogged about it. her mom describing her as energetic and easy to fall in love with. then there's 18-year-old alexander boeck, recent high school graduate described as a ball of joy from his friends. his girlfriend at the theater with them, she survived. she said they were on the road to marriage. and 32-year-old rebecca wingo,

mother of two. her dad wrote on facebook, gosh, this is hard to even read. i lost my daughter yesterday to a madman. my grief right now is inconsolable. i hear she died instantly without pain. however, the pain is unbearable. then the oldest victim of the massacre was seeing a movie with his two teenage children. here's his picture. he looks younger than 51. his family says that he was a true texas gentleman. and that brings us to the youngest victim, a truly heartbreaking story. this little 6-year-old girl eating her ice cream there. she learned how to swim, loved to swim, veronica's mother was also in the theater. she was shot and her mother is pregnant. she and the unborn child did survive. the mother is in critical condition and will likely be paralyzed. her family waited to tell her about veronica's death. when she finally learned, she screamed out she wanted to die. and then there was some pictures of the dad outside of the emergency room just his hands over his face.

>> they wouldn't let him in to see his ex-wife. all right. ainsley, thank you very much for letting us look at those people that died that day. let's dial in donald trump who joins us every monday at this time. good morning. >> good morning, that is so terrible. to listen to that is absolutely terrible. >> no kidding. and if there ever was a case this year for the death penalty, you would think this is it. >> absolutely. absolutely. this guy did it for attention. he was a loser in life. and he did it for attention. i hate to hear when somebody was saying he was brilliant. he was so brilliant, he failed his tests. that's not brilliant and frankly, he did it for the attention. everybody says it and i guess he wanted to be a star. and , you know, frankly his name shouldn't even be mentioned but we should bring back not only the death penalty but immediate and quick trial. i mean, there's no reason why he can't have a trial tomorrow. let him have a trial tomorrow and he'll be convicted, you

know, it's interesting when your reporters cover it there we say the suspect and like there's no suspect. it's him. they ought to give him a trial and they ought to the following week or following day or following hour give him the death penalty. >> they can't do that. having worked in texas and virginia, i covered a lot of death penalty cases and they go on for years and years. >> i was reading -- yeah, i was reading something that it could be 10 to 15 years before -- assuming the death penalty took place, it could take 15 years. >> in colorado, donald, there's only three people who have been on death row. only one executed in the last 50 years. >> well, here's a good example and i'll guarantee the people of colorado even people that are opposed to the death penalty and it's hard to believe there would be any but they would be fully in favor of it. they ought to do a referendum, ought to have a fast trial and fast death penalty. by the way, they should allow him to be with the prison population. they're protecting him right now. they should allow him to spend a little time with the prison

population. >> evidently he was immediately threatened. they wanted to get a piece of him, whatever that means. >> it would be great. they should have a chance at it frankly. >> terrible. >> well, donald, everybody is saying use this opportunity to talk about gun control. mayor bloomberg leading the charge saying he wants both candidates to weigh in on where they stand. where do you stand? do you believe both should weigh? >> very interesting thing, i was listening to a debate yesterday and they actually -- the problem with gun control is the bad guys have the guns. and they're not giving up their guns. so the good ones don't. somebody said if you had guns in the theater, they would have shot him. so if some of the people in the theater had guns, they would have shot him instead of just being, you know, he was just shootings at people randomly, hearing whoever he wants. there was no guns. he had the only gun and if somebody else had a gun in the theater, they could have used that gun on him. so it's a very, very tough debate. it's always been a tough debate. but the problem with gun control is the bad guys will always keep their guns and the good ones

will give them in. >> all right. we'll cover more on that a little bit later on. you know, one of the tarp regulators has had new book coming out in a couple of days and he'll be on our show and he claims that the white house during the time of the tarp put the interest of wall street, donald, ahead of the public's and he says that when the inspector general's office recommended ways to protect against fraud, the treasury rejected the suggestions of neils, not a good portrait of who is keeping track of the dough. >> no, it's not and the whole situation is crazy. you look so much of what happened with tarp, and where was the money spent and how much was wasted. some, perhaps, served good but so much was wasted. tarp will be a controversy that's going to go on for many years to come, whether there should have been a tarp and now they're getting into the details of it. but tarp is a very complex situation. it's going to be debated for many years to come.

>> that's the money they used to bail out the g.m. >> that's right. >> among others, that's right. >> that's right. and the banks, right? >> that's right. >> and the banks. and unfortunately, they didn't put any fine print in how that money should be used. let's move on to what some people are calling a lot of hypocrisy on the hill because nancy pelosi, what might she be hiding now, donald? she was called on to release her tax returns because there was so much clamoring for mitt romney to release more than two years and then once she was asked to do it, this is what she said. >> if you release them, you tell a story. if you don't release them, you leave it up to the imagination of anybody who wants to talk about it. when i run for president of the united states, you can hold me to that standard. >> we spent too much time on that. we should be talking about middle income tax cuts. >> she seemed to be having a change of thought then when she was asked to release her tax returns. >> well, it's amazing, you know, i like her personally. i know her a little bit and i like her personally but i will say she's always been known as a dealmaker.

it would be interesting to see what those returns say but i really believe that the whole clamor for mitt romney's tax returns has died down. people are getting tired of it. they're looking at all of the things that our president has not released and i think frankly that's starting to come to the floor and they're saying wait a minute, we better not keep pushing this tax return stuff because all of a sudden, the president will have to release things that he doesn't want to release and that will be devastating to him in my opinion. >> yeah, the mcclatchey newspapers did a survey and apparently 17 of the 535 members of congress released their tax returns so if they're calling, hey, let's all have those guys release them, they don't do it. they don't practice what they preach. but you do, donald. and that's why you're joining us every monday. thank you very much, sir. have a great week. >> bring back the death penalty for this man. get it back fast and a fast trial. good luck! >> thanks for your thoughts. >> coming up, frightening new information about cholesterol tests for your kids. we'll tell you what you need to

know. >> and james holmes tried to join a shooting range but he was rejected by the owner. so what did that owner detect? he'll tell us live. next. [ cellphone rings ] the wife. hey, babe. got the jetta. i wiped the floor with the guy! not really. i would've been fine with 0% for 36 months, but i demanded 60. no...i didn't do that. it was like taking candy from a baby. you're a grown man. alright, see you at home. [ male announcer ] the volkswagen autobahn for all event. we good? we're good. [ male announcer ] at 0% apr for 60 months, no one needs to know how easy it was to get your new volkswagen. that's the power of german engineering. i'm making my money do more. ♪ i'm consolidating my assets. i'm not paying hidden fees or high commissions. i'm making the most of my money. and seven-dollar trades are just the start. i'm with scottrade. i'm with scottrade. i'm with scottrade.

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>> we got some quick headlines for you right now. penn state's football program expected to take some heavy hits today from the ncaa as punishment for covering up years of abuse. the school expected to lose scholarships, face multimillion dollar fines and be banned from bowl games for years. and new criticism today over recommendation to test all kids for high cholesterol. doctors say it's too aggressive and panel members were influenced by their ties to drug makers. brian? >> all right, steve, there's even more evidence this morning indicating that james holmes may have plotted his movie theater attack far in advance. he applied for a membership at a local gun range but the owner

turned him down. glenn rockovich owns the lead valley range. he's my guest this morning. glenn, first off, he contacted you when? >> well, on 6/25, i got an e-mail for him that he e-mailed and sent me his form for application to the range. >> so he sent the application and you have a process, then, what was that process? >> well, normal process is i check the application to see that it's filled out properly and the questions are answered properly and then from there, i go to the phone and i call them to set up -- come to an orientation where we personally meet them and get a chance to talk to him and we explain the range, the rule and the way things operate and what they can and can't do on our range. when i called him -- >> go ahead, sorry. >> when i called him, he didn't give me -- he didn't answer, i ended up with his answering service that had a rather

bizarre message on it that started me wondering a little bit about it. and, you know, i called him a second time later and it was the same message that was there which starts making you wonder because you've got to also understand we have a shortage here of range facilities. and most people call me back within an hour or two. 90% of the people call me back in the first day. so by the time i had called the third day and i'm still listening to this whatever it is that's on there that was intended to be there, you know, i'm wondering what is this? why is he not calling? what's going on? so at that point in time, he was flagged to be said that he does not get process or anything else until he's -- until i personally see him and talk to him. >> friday morning, you hear about this, what's going on and what put two and two together for you? >> one of my range staff that had been told that he was flagged and i had to talk to him called me and said, wasn't that name you told us about james

holmes? and i said yeah, why? and her response was they just said he was the shooter. i said oh my goodness. let me get the form and see if we're talking about the same person and according to the address and everything in his mother living in san diego all matched up. and we realized that's who it was. >> now, the other thing, too, you said you thought not to call his voice mail again. knowing that the shooting took place and that this was the guy. why didn't you call his voicemail again? >> well, at that point -- when we did that, you know, i had a natural curiousity to start with thinking, you know, i didn't pay a lot of attention to what was being said or what was on that voicemail because it just was incoherent. i thought, it would be nice to hear it again but i thought about, well, if the place is booby trapped, that might not be the smartest thing to do is to ring the phone inside his apartment again at that point in time. >> and the other thing, glenn, is since he did answer the questions right, he has no criminal background. if he talked to you in a civil way with his grades and his

college, university of colorado on scholarship, he probably would have got into your club, wouldn't he? >> i would tend to say probably not and only from the point of view that i've been dealing with people my whole life. and i get picked up pretty fast on somebody's attitude and firearm safety and the things that happen are all based on one main thing and that's attitude. and somebody with a bad attitude, it always shows up no matter what you do when you talk to him for any length of time, that attitude comes out and that was -- that's the main decision factor is attitude. >> and he would not have been a member of your club, then. glenn, thanks so much for joining us. >> probably not. >> ok. thank you. >> you're welcome. thank you. would you walk on hot coals if someone promised it would unleash your power from within? well, some folks who fell for it weren't enlightened. they were burned and sent to the hospital. we'll get the story from someone who was there next. all about anthony robbins' fire walk.

>> would you walk on scalding hot coals if it promised to unleash the power from within? last week, thousands of people from san jose, california did just that in an event hosted by tony robbins. only problem -- more than two dozen weren't enlightened but hospitalized with second and three degree burns and that left robbins with a lot of explaining to do. joining us right now is one of the women who participated in the event. good morning to you, sahar. >> good morning. >> you went across no problem, right? >> yes, i did. >> and part of that was because before you actually did the walking and were taking a look at the fire walk right there, tony robbins spends an hour or two describing exactly how you're supposed to do it. explain that. >> yes. he totally explained that. he kind of coached us on how to

do it. and there were pretty much three things that we had to really do is one was to walk in the normal pace and second was to keep repeating cool moss, cool moss, and the third was to look away from the fire so we had to look up. and then at the end, we had to celebrate. so that was pretty much what i did. i totally put my focus on the power within me, not on the fire. >> i understand. so out of 6,000 people did this and 20 wound up with some sort of burns, i was reading today that somebody who is interviewed, i believe, in "the new york times" said they felt, perhaps, those people got burned because they might have slowed down or stopped. why do you think they might have gotten burned? >> i pretty much think -- i'm not exactly sure because i did not feel any heat or -- and i

was like celebrating like crazy but my focus was totally to the end result and i had my mind set that i wanted to do this. and i was so determined. and i did exactly what he said to do. >> sure. would you do it again? >> yes. as a matter of fact, i went back in to do it again but unfortunately, they were wrapping it up. >> i understand. well, thank you very much, sahar for joining us today from california to tell us about your trip across the coals. no problem. >> thank you. >> thank you, ma'am. all right, next up on the rundown, a jump to judgment. a major television network mistakenly ties the shooter in colorado to the tea party. they've seen apologized but has the damage already been done? that when dana perino joins us next and we finally know where senator john mccain did not pick mitt romney as his running mate four years ago. find out why. other side of a time-out. [ man ] ever year, sophia and i use the points we earn with our citi thankyou card

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>> gretchen: good morning, everyone. daddy monday, july 23. i'm gretchen carlson. family examine friends are leaning on each other for fringe during a vigil for the 12 people killed in the theater massacre. >> on the second shot i heard, started bleeding and knocked out a tooth. >> gretchen: more victims fighting to stay alive. the latest on their conditions moments away. >> steve: in a few hours, the movie massacre suspect due to make his nurse appearance in court. he might not even show up. this as we're finding outs about his twisted plan to escape. >> brian: and a rush to judgment. major television network mistakenly ties james holmes to the tea party. why were they even checking that list? dana perino weighs in because "fox & friends'" final hour starts right now.

>> steve: welcome back on this monday morning. top of the hour, 8:00 o'clock here in new york city, it's 6:00 o'clock in colorado where the accused gunman in the shooting massacre is due in court today. alicia is live in front of that courthouse with more on what we can expect to happen. >> good morning. james holmes is being held in solitary confinement at the arab hoe detention facility. it's adjacent to the courthouse behind me. at some point this morning, holm will be moved beneath ground to courtroom 201. it is there he will make his initial appearance before judge william sylvester. it's expected holmes will be advised of his rights and possibly have charges against him read. meantime, aurora police say they have removed all of the hazardous material from the suspect's apartment. much of which will be used for

evidence. president obama visited with victims and their families yesterday in colorado. he agreed to not use holmes' name in his public address that followed. >> tried to assure them that although the perpetrator of this evil act has received a lot of attention over the last couple of days, that attention will fade away and in the end after he has felt the full force of our justice system, what will be remembered are the good people who were impacted by this tragedy. >> a gun shop in missouri has confirmed that its on-line store is one that holmes used to purchase some of his gear earlier this month. the staff from cat 5 commerce says they were appalled when they found the receipts for holmes' item, which included a folding knife and gun magazine pouch, including an m 16 magazine pouch, triple pistol

magazine pouch examine urban assault vest. back here at the courthouse, today's hearing really is not expected to last too long, just a few minutes. but it will allow the public for the first time to see this suspect who is accused of killing 12 people and injuring dozens more, including many who remain in critical condition this morning. back to you guys. >> steve: we'll find out if he still has red hair. thank you. >> gretchen: on day four now, we're still hearing about these amazing witness stories, people who were inside the theater. dave briggs, who grew up in aurora, colorado, who does weekend "fox & friends," he was out there, still is, he interviewed one of those young girls, two of them. one was shot in the chin and you're going to hear an amazing story about where the bullet is right now. >> there is a shooting scene in batman. then we heard gun shots way too loud to be part of the movie. so i knew it was something

additional than stunts from the movie. i felt my face get hit on the second shot i heard, started bleeding and knocked out a tooth. we had run down the stairs, run around to try and get into the main lobby to go to the bathroom when stopped by other people telling us not to go out there and gone out to the back exit that leads outside. when we got out there, we saw people from theater 9 running and screaming and bleeding and that's when it really clicked that, like, something really big just happened. >> sad to see someone who is so brilliant, had so many things for him ahead of him and just throw it away because he's pathetic. that's the one word i have for him, honly. >> gretchen: that bullet is going to remain in her jaw actually. the doctor said she would too much nerve damage if they tried to take it out, at least for now. >> brian: the president, since he took office, has had the massacre in fort hood that they

attended in person. of course, in tucson, remember the shooting there. in april, the tornadoes that hit and joplin, people lost lives. it's not a new role for the president, this president or any president. joining u someone who has seen that up close and personal working with president bush from "the five," dana perino. welcome back. >> thanks for having me. >> brian: important role for the president? >> i think it's one of the most important things that a president can do. as press secretary when the virginia tech shootings happened and president bush went the next day and i got to witness him and mrs. bush comforting the victims' families for hours. i think that yesterday was an important visit for president obama and for everybody in the state to know he cares. >> steve: have a sip of that. while you do that, the president of the united states detoured from a campaign swing out to the west coast. he met with families for about two hours and then afterwards,

he said this. >> i confess to them that words are always inadequate in these kinds of situations, but that my main task was to serve as a representative of the entire country and let them know that we are thinking about them at this moment and will continue to think about them each and every day. >> steve: there he is offering a america's sympathy. and at the same time, both campaigns are for the most part suspended the very political nature of the presidential campaign. >> in particular in colorado, which is an important battle ground state. i think the tone from both campaigns has been very good. i think it was great that the president went yesterday. means a lot to americans to know that you have a president who is there, he's fully focused on it. he cares about you and he spent enough time with each of them. every crisis is different. but this one, i think, was handled absolutely perfectly. >> gretchen: so a lot of people

will ask, when do they go back to campaigning. this has been very -- many people believe that, especially the obama administration, has been very divisionsive in the way they've attacked thus far. who will make the first move? >> i don't think that either of them know yet. they're going to let it breathe for a while and they'll have to -- there will be a point when people starting to back to things. in colorado, maybe the tone will be different for the next month or so. >> brian: i know they pulled the ads. >> i don't think that either campaign will go first. but a third party group on one of their behalves might go ahead and then start campaigning again. i think it will be a while. maybe a couple weeks or months. >> steve: really? >> yeah. >> brian: i hope we change the dialogue. could we get a more intelligent debate and refuel and start upgrading the quality of this campaign on beth sides? >> it's -- both sides.

>> it's perspective, a tragedy like this about what is important. i thought it was very good that the gun control conversation, that people wanted to have actually is not getting as much traction as usual. hold on a second. maybe what we should be really focusing on is mental health. how do you know when somebody is going to snap. like the guest you had on earlier from the gun range. how do you put those things together before hand, if it's possible, to stop people before they have something like this i. know that we don't know yet the psychiatric analysis of this guy, but it could end up being that he was schizophrenic. as a parent, when you recognize that, what can you do? we have laws in the country that you can't hospitalize somebody before they do something. those are the things that need to be talked about just for a little while after virginia tech. a little while after gabrielle giffords was shot. and then now this one. >> gretchen: similarly with the gabrielle giffords shooting, immediately there was sort of this alignment made potentially with the tea party and the same

thing happened at abc, one of the reporters there has now had to come out and apologize for falsely reporting that this suspect was a member of the tea party. why does that matter and how does that happen? did they just sit in the news room and say, hey, let's check tea party web sites and see if he's on there? how did that happen? >> i'm not sure exactly how their search worked. i remember watching on gabrielle giffords as soon as it happened, people tweeting, this is not how we should solve problems and immediately go into it was political. turns out it was not to be. in this case, it's actual lea a very seasoned investigative reporter. >> steve: brian ross. >> they probably put in the names, james holmes of aurora, and so then they looked down on their list and see oh, tea party. brian, we got a lead on here, because they probably thought it was true. instead of double-checking, which is a first year freshman journalism student knows you should double-check that before

hand, i think it was a real shame. >> gretchen: interestingly enough on match.com, this suspect's profile under politics, he said middle of the road. >> yeah. it's not political. it's a shame that that happened. if i were abc, i would be embarrassed. they'll have to pick it up examine move o. but it just proves, being first is not as important as being right. and you can embarrass your whole network, your peers and yourself. he's a good investigative journalist. i would have at least hedged it more than they did. >> steve: they were in a hurry to be the first with that on. unfortunately, the damage is done. >> it was, although probably the damage ends up being more done for abc, but also overall for the media. in public approval rating, look at the president all the time, congress' is really low. but guess whose is lower than that. journalism and the media. >> gretchen: i think it's more than making a mistake. i think there is a deeper

meaning. >> they were immediately searching. it could have been they put it in and that was like the first thing that came up on google or something. we might not ever know that. but it does seem suspicious. >> brian: i know one thing, you're going to be on "the five" today. >> i am. and hopefully i'll get one of bob's cough drops so i won't do that again. i'm sorry about that. >> steve: live tv. >> brian: great recovery. >> steve: thank you very much. >> gretchen: now let's get to the rest of the headlines. we're learning the death toll from the crash in texas has gone from 11 to 13 now. two passengers died overnight in hospitals. two children among the victims. 23 people were crammed inside this ford f-250 truck that you're about to see when the driver lost control, running off the road and slamming into two trees. it happened on u.s. 59, 100 miles southeast of san antonio. the weather was dry at the time of the crash and no evidence of alcohol at the scene of the no other cars were involved in the accident. a developing story out of

iraq. the deadliest day the country has seen since the u.s. pulled out. string of shootings and car bombings leaves 103 people dead today. that's up from 89 confirmed dead an hour ago. in one attack, carloads of gunmen opened fire on a military base, killing 16 iraqi soldiers. they're believed to be coordinated. the leader of al-qaeda warned they're regrouping in areas that american troops used to patrol. jury selection set to begin in the drew peterson trial. the former illinois police sergeant faces life behind bars on charges that he drowned his third wife, kathleen n a bathtub. he also is the main suspect in the disappearance of his fourth wife, stacy peterson, there will he's never been charged with that crime. 200 person jury has been waiting three years for this trial to start. the delay over whether the jurors could actually hear witnesses describe statements from kathleen and stacy because normally heresay is banned. but a court has rule add court

can hear them. new video in of a plane making an emergency landing on a freeway. it happened in california shortly before midnight. there was traffic on the road, but the pilot was able to avoid hitting any cars. the four people on board not hurt. authorities hoping to have the plane removed bit morning rush out there in california. those are your headlines. >> brian: coming up straight ahead, 13 minutes after the hour, is the movie massacre suspect in the planning stages of an insanity defense? will it hold up with so much evidence showing he planned the attack? we'll examine. >> steve: then we finally know why senator john mccain did not pick mitt romney as his running mate four years ago. that story straight ahead what n is non-stop to seattle? just carry preparation h totables. discreet, little tubes packed with big relief. from the brand doctors recommend most by name. preparation h totables. the anywhere preparation h.

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and what does it tell us about the shooter? former detective with the new york city police department joins us in studio. how does a guy kill as many people as possible in a heater and worry about cops being killed in his apartment? >> this is premeditate, premeditated. over and over again, i keep using that word. this guy calculated over a series of months, getting the ammunition, putting together the booby traps in that apartment. his idea was start the music real loud at midnight and then he timed it. he was going to do the shooting after 1:00 o'clock in the morning. he figured the cops would go there. this is a small police department. this is not a big police department. maybe you have three, four, five cars running that night. but the thing is that he thought that it would be a diversion. these cops would go in there, they would get blown up. you would have dead cops. all of a sudden now he has his way of shooting and continually

shoot. the bad thing that that happened -- bad thing. the thing that ruined his killing spree was the gun jammed. this is a round barrel thing with 100 rounds in it. it jammed. so he didn't have that fire power anymore. these cops that looked at him and realized he was not part of them. i mean, let's be real, you have a swat team, the swat team is dressed a certain way. these guys were able to pick up on that and again, he gave up very readily. why did he tell the cops the place is booby trapped? >> brian: why do you think? >> i think he comes to reality again that he possibly could kill cops now and he's got going to have a good time with the police. >> brian: you deal a lot of criminal minds. how does someone who kill this massively who has never killed before? >> you know what? >> brian: where do you click off in somebody's mind like that? >> you have people who are sitting home, they've become very unhappy with their lives. they all of a sudden want to go out with a blaze of glory and want to be promoted up in name.

i like what that governor was calling him, suspect number 1. we shouldn't give him the credibility of mentioning his name 'cause that's what he wants. >> brian: we know this, he amosed his national by ordering over the internet, getting it to his college address and home address for four months. >> right. he also was able to obtain 6,000 rounds of ammunition. every time die a show, i get all kinds of e-mails from the nra people of the i'm not against people having guns. i think people should have the right to bear arms. i'm talk being a clip with 100 rounds. where are we going deer hunting with 100 rounds? back when our country was formed, it was the right to bear arms. you also have single shotguns. things have now developed to these fully automatic guns and there should be no reason in the world for normal people to have these kind of firearms. >> brian: can you learn to shoot from paint ball? >> absolutely you can. i've done paint ball.

>> brian: you shot a real gun obviously? >> yeah. the paint balls go out at 280 to 300-foot per second. a gun goes out 1200-foot per second. it's gotting pretty close. >> brian: are you comfortable with being able to buy over the internet, things on tactical gear, swat gear, the same stuff that swat team members have, are you comfortable with that? >> i think you should have to identify yourself, what police department you're with. also buying ammunition. i really believe you should have to go to a store, have to show some identification and i think people should be somewhat monitored with the fully automatic guns. >> brian: at least show your face. thanks so much. i'll talk to you on radio shortly. coming up, has the colorado movie massacre opened up a new chapter in the 2012 election? will either candidate change their tone? then, is the president's military strategy under attack? it is, it seems burks a former navy seal. he's starting his own super pac to inform the public and joins

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>> brian: quick headlines. cargill beef is recall nearingly 30,000 pounds of ground beef and maybe contaminated with salmonella. the recall affects 14-pound packages of 85% lean ground beef with sell by dates from may 29 to june 16. i hope you're writing this down. it was hold in haniford supermarkets and can be returned for a refund. sales expected to accelerate to the highest level since 2007. the surge being attributed to more construction projts. getting the green light which i'm going to give steve and gretchen. >> steve: thank you very much. the president's military policy is under attack by a former navy seal. he is launching his own super pac to point out the problem.

>> gretchen: joining us now to explain is montana state senator and form navy seal, ryan zinke. good morning to you. >> good morning. >> gretchen: so what was the issue that really made you upset enough to go out and form this super pac? >> well, when bin laden was killed, the first was the disclosure of seal team 6. then when a commercial was made with former president clinton to articulate a role for a political gain, enough was enough. so what we did is we brought a group of advisors, former senators, former governors, business leaders, and we're going to shape a compelling argument what's wrong with this administration and why this president needs to be defeated as the commander in chief. >> steve: ryan, if you would, give us a preview of that argument. >> well, it comes down with security leaks. classified information, rules of engagement overseas. we're negotiating away our

ability to fight. we've negotiated away our ability to conduct night operations to do border operations. if we hadn't learned anything from vietnam, it's either you fight or go home. it's a concern. it puts our troops in harm's way and greater risk. look at the health care. he's asking in the president's budget for retired veterans that pay around $580 for their cast share for healthcare to pay five times, $2,200. if your retirement, mass chief or sergeant, the retirement is not that robust. maybe $30,000 a year. to ask him to pay $2,200 to pay for the obamacare i think is a bridge too far. >> gretchen: let's take a look at the white house because they've responded to your super pac. our veterans know president obama has their backs, but they are left to wonder what mitt romney would do as commander in

chief. romney failed to put forth one jobs proposal to put veterans back to work. what would your response be to that, senator? >> you know, you really can't say what governor romney would do or wouldn't do. i have not talked to the governor. what i'm focused on is shaping a compelling argument about what this administration has done. we're going to be fair. if there is a compelling actor for the other side, we have a web site, so for negotiation.org. we'll post it. we want a dialogue, we want to be truthful. we're always respectful of the office of the president. it's important for those active duty members who did not have a voice to vocalize and have a voice for what i think is a very critical election. >> steve: right. ryan, former seal team 6 member and 26-year vet of the u.s. navy and now a montana state senator. thank you very much for joining us from california. >> it's been a pleasure.

hope to see you soon. >> steve: thank you. >> gretchen: james holmes tried join a shooting range, but he was rejected by the owner. so what did the owner know that other people couldn't figure out? you're going to hear from that owner. >> steve: take a look at this, it's called the fire shadow. whoa! how this missile finds its target is pretty awesome. we'll tell what you we know. kaboom [ male announcer ] it's a golden opportunity... to experience the largest, most efficient line of luxury hybrids on the road, including the all-new esh. ♪ while many automakers are just beginning to dabble with the idea of hybrid technology... ♪ ...it's already ingrained in our dna. during the golden opportunity sales event, get great values on some of our newest models. this is the pursuit of perfection.

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>> gretchen: just about three hours o'clock the suspected gunman behind the 34506y theater massacre set to face a judge. >> steve: dave briggs is live at the courthouse in centennial, colorado, where the arraignment will happen in a couple hours. what do we know? >> just over my right shoulder, the accused gunman sits in a jail cell in solitary confinement. he will be brought via an underground tunnel to a courtroom for a 9:30 local time court appearance. 11:30 eastern time. they call this an initial advisement. so we are not likely to see the suspect. we are not likely to hear from him either. what will happen in that courtroom, let's ask craig silverman, the former denver cheap deputy d.a. good morning to you. what do you expect to happen once the gunman appears in that courtroom this morning? >> it's a time to get acquainted. it will be interesting to see who his lawyer is. we expect the colorado state

public defender. there was talk about doctor's evaluations and selling down the road. i down that formal charges will be finalized today. that will probably come a few days from now. but we will see who the cast of characters are going to be in this case, including the judge. >> he will be informed of his -- of the charges they're at least investigating. we will not hear about an insanity plea or proposed death penalty which we assume the d.a. will propose. >> definitely not a death penalty decision today, but everybody knows that is on the table. in terms of an insanity plea, doubtful today, but expected down the road and maybe soon what other defense could they possibly have? >> looks like the only possible way to thread that needle. we are not likely to hear from the suspect either this morning. this will not determine his

mental competence? >> no. but a lot of people will be looking at him. maybe he'll be asked if he understands basic constitutional rights, like his right to a trial, his right to an attorney. he may be told again his right to remain silent, a right he apparently has been exercising. >> after this hearing, 72 hours from then, they will formalize the charges. we should mention there are still nine people in critical condition in area hospitals. the equation could change as the death count could go up from 12. guys. >> brian: we're getting conflicting reports on whether he's actually going to be in the courtroom or not. does craig silverman have any information on that, whether they heard he's not going to be there or will be there? >> cake, there is conflicting reports this morning that perhaps the accused gunman may not appear in this courtroom. does he have to be will? >> no. video advisement is possible. we saw that down in florida in the trayvon martin, george

zimmerman matter. that could be a possibility today. >> who decide that? is that up to the suspect himself? we understand he's not talking. >> it's probable will he up to the judge. if the judge wants to see him in his courtroom, he'll be there. >> that is the latest from centennial, colorado. 9:30 local time, 11:30 eastern time, initial appearance. guy, back to you. >> gretchen: dave brigs in aurora, thank you so much. >> steve: there will be, by the way, cameras in the courtroom. we will see a picture of him. we'll find out whether or not he still has that red hair we heard about. >> gretchen: if he shows up. let's talk about the gun debate that's going to rage, or is it? are we gog have a gun debate? will the candidates trying to become president of the united states wage into this or not? there is a report this morning in the "new york times" talking about one of the magazines that the suspect bought and used, that it would have been restricted under stalled legislation that's sitting idle in washington, d.c but the idea here is that maybe republicans and democrats both don't really want to get into

this whole gun debate right now. >> brian: new jersey, los angeles, massachusetts, sacramento passed laws requiring permits or licenses for sellers insisting on that's ammo sales for individuals. but for the federal level, that's not the case. he bought all the stuff on-line of the there was no background check for that. he went to his college, his home, he got all of it. i ask you, if he's doing a background check, what would have stopped him? he's done, according to his background, there is no sign -- >> gretchen: that was the only indicator. but i think some people are arguing that especially over the internet now it makes it so much easier that maybe there should be a limit to how much you can buy at one time, or is it just easy to come up with different names, kind of like drug shopping. >> steve: a lot of people who do a lot of target practice like to buy in bulk on-line because it's cheaper. and the other thing is you talk to guys who do a lot of target shooting, you could squeeze off 4, 500 found a single day.

that explains where a lot of people are coming from. there is a place called the lead valley shooting range and last month the shooter made contact with the range. apparently wanted to become a member and use their facility. brian was talking to the guy who ran the place and apparently he called this guy's phone number and the phone message just weirded him out. here he is. >> when i called him, he didn't give -- he didn't answer of the i ended up with his answering service that had a rather bizarre message on it. i'm wondering what is this and why is he not calling? so at that point he was flagged to be said that he does not get process or anything else until i personally see him and talk to him. one of my range staff that had been told that's flagged that i had to talk to him called me and said, wasn't that name you told us about, james holmes? and i said yeah, why?

and her response was, they just said he was the shooter. and i went, oh, my goodness. i said, let me get the form and find out if we're talking about the same person. and according to the address and everything, his mother living in san diego all matched up. we realized that's who it was. >> steve: even though he had the guy's phone number right there, he told you, brian, that they didn't want to call the home number because he had heard it was booby trapped and afraid, you know, vibration, whatever, miotic boom. >> brian: i think the whole moral to this story and underlying thing is not going to be gun control to ammo, it's going to be can you identify the crazy person before he does the columbine massacre, before he does what hasan did at fort hood and before this guy. >> gretchen: it's so tough because usually you can't do anything until they've done something. it's really tough to make sure somebody is on medication and is seeing a doctor and gets hospitalized. it's very difficult to do that. now there are some reports saying this guy was going out

and having drinks every friday night with friends and appeared to just be a normal guy. maybe we'll be able to see more red flags. we're hearing more survivor stories. this is an amazing one. a 13-year-old girl that we know just as kayla tried to save that 6-year-old girl, veronica moser, who ended up dying in this attack. and she tried to get to her by giving her cpr. but there was another person on top of her who was another victim. here is kayla. >> i was asking the person who was on top of the one i was trying o help if they could move, but they kept saying they couldn't. they were numb. i was begging the person just please try, please, 'cause we have to get out of here. it's horrifying picturing in my head what i saw that night. >> steve: she'll live with that forever. the six-year-old did wind up dying and the mother, who was

also critically injured, was finally told that her daughter died on saturday night. she screamed, i want to die, in the hospital room. as it turns out, she is pregnant and her unborn child is alive, which is remarkable given the fact she was shot three times, including in the stomach. >> gretchen: now other headlines, the ncaa expected to hit penn state's football program with some very stiff penalties later today. >> brian: press conference at 9:00 a.m. >> gretchen: thank you, brian. punishment for covering up years of abuse at the university. the school expected to lose scholarships, face multi million dollar fines and be banned from bowl games for years. some were calling for the entire football program to be shut down. >> brian: we're finally finding out why senator john mccain did not pick mitt romney to be his running mate in 2008. >> mitt romney went through this process. what i can tell you is he's a person of descensus, the highest ethical character and background and there was nothing that was

disqualifying that pick in 2008 wasn't about any deficiency with mitt romney. it was a political decision that we made and a very bad political circumstance. >> brian: speaking out, portrayed by woody harrelson of the he's supporting mitt romney. >> steve: check this out, it's the latest weapon on the list of terror find war machines, the fire shadow, made bay french developer and designed to target stationary more moving targets. this can stay airborne for up to six hours before it's assigned to destroy its target. interesting. it must circle around or something. it tips a scale at less than 440 pounds and has a range of 62 miles examine described as being low cost. the british army has reportedly purchased several and will test them later this year. >> gretchen: coming up, has the colorado movie massacre opened up a new chapter in the 2012

election? will either candidate change their tone now? they had momentarily. but will that stick? michael goodwin weighs in. >> brian: he likely saved lives by stopping the movie massacre gunman from shooting up another adjacent theater. one of the many heros of this story who came face-to-face with the gunman will be here live

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>> brian: quick headlines. major scholarship blunder costing louisville law school money. up to 80 incoming students were promised more financial aid than they were supposed to get. the school making good on the offers, but the bad news is, this means the financial aid for next year's freshmen may have to be cut. taylor swift winning big at the teen choice awards. >> thank you to teen choice for giving teens a chance to vote for something because i love getting these. thank you so much. >> brian: swift voted choice female artist.

she beat justin bieber and. steve doocy, no winner. >> steve: the presidential detainee putting politics aside over the weekend in colorado and elsewhere to help america heal from the tragedy out west. will the massacre mark a turning point in the tone of the race? michael goodwin is a columnist for the "new york post" and fox news contributor. he joins us every monday. good morning to you. >> good morning. >> steve: it is interesting, first both sides started by taking down the negative ads in colorado, which was expected. but we've had three days now where it's been relatively static. there is no food fight. maybe we're fine lea going to talk about the big issues. >> that's what i'm hoping, that as they retreat from the public stage and then come back out, which they will do soon enough, that the tone will have changed, that there is some sort of mourning period will inspire

them to think differently about the future of the country. i'm not calling for a knock down, drag out fight over gun rights. i think that's probably frankly a smaller issue here given the future. i'm talking about the jobs. i'm talking about the debt, the deficit, the entitlement reform, all of these things that are real threats to our way of life, the foreign policy, we don't talk about foreign policy at all except when there is some disaster and they're forced to issue a statement. there is a lot of things going on in the world, a lot of things going on at home that have not gotten any attention during this demolition derby, food fight, trivial pursuit, whatever you want to call it, it's been a mess. >> steve: foreign policy we've heard about is mitt romney has got a bank account or let's see his tax returns, which nobody i know really cares about that. they want to hear about jobs and the economy and things like that. >> look, those are the big, big things facing the future of the country. we've been -- our bonds have been downgraded.

to see what's going on in europe, the idea that we're somehow immune from all of these forces simply isn't true. we are an exceptional country because of what we did. not because of who we are or where we were born. it was the effort. it was the honesty. it was the integrity of government and our leaders that made america an exceptional country. the people support these great ideas, but if we're not going to go in that direction, if we're not going to have the leadership to lead the country in ways that will save us, then we are not going to be saved. >> brian: in your column yesterday, in the "new york post," which i get home delivery, you talked about how president obama, he had talked about big things four years ago issues but now he's playing small ball, talking about tax, and stuff like this. you also say about mitt romney, one of the things about him is he's got a lot of good ideas, you think, but you're not sure because he speaks so generally about them. >> look, both of them are guilty here, but they're not equally guilty. i think the president, as the president, has an obligation to

run a more thoughtful, smarter campaign about what -- he knows the numbers. he knows what he has to do. he's choosing not to do it. mitt romney, as you point out, he will talk about some of the big issues, the debt, entitlement reform, but in such general, soft ways, he's playing defense. he doesn't want to put anything out there that will make him vulnerable. so as a result, we're not having this debate over these issues. but each day it gets worse. i saw something the other day, we spend something like $400 million a day or maybe an hour in this country and yet, there is no talk of how do you reduce our spending? how do you fix this imbalance that is threatening to swamp us? >> steve: let's talk about the big stuff, 'cause the little stuff is getting boring. michael goodwin, always a pleasure. >> my pleasure. >> steve: see you next monday. he came face-to-face with the movie massacre gunman, likely stopping him from shooting up another nearby theater. that hero next here.

first let's check in with mar this mccallum for what happens in ten minute. >> good morning. we are minutes away from the ncaa news conference on their decision on the future of penn state's football program. we'll have that live for you at the top of the hour here on "america's newsroom." will their punishment be worse than the measures that the school could have taken on its own. that's coming up on "america's newsroom." see you then

>> gretchen: our next guest likely saved lives stopping the gunman from storming a second theater. here to share his story is eric hunter. good morning to you. >> hi, good morning.

>> gretchen: we understand you were in theater 8. this was happening in theater 9. you were at the emergency exit when you realized gun fire was going off and you ran into two young women. tell me that story. >> basically started when the movie started in the 30-minute part. there was a gun battle on screen. when that happened, there were three gun shots that came in through the wall, smoke came over the theater in through the entrance. i went down the stairs, saw blood on the stairs and i turned around and yelled to my friends, it looks like there is a shooter in here, we need to get out and call the cops. that's when i crossed to the emergency exit to see if we could get out that way and i opened the door and i seen there was two young ladies there and i helped them come in before closing the door. that's when i saw the shooter. >> a glimpse of the shooter. he was trying to get into the door that you were holding shut? >> yeah. well, he was coming my way at a

pretty good pace. i didn't want to take a chance, to i closed the door. he was banging on the door for about five seconds and then he stopped. >> gretchen: what was going through your mind at this time? i know it was probably feeling like it was lasting forever. but it was happening so quickly. >> yeah. it felt like an eternity. felt like it was going on for a long time of the i was just panicked. i was worried about if we were going to make it out. i didn't know how many shooters there were. everybody really came together and helped each other, you know. everybody really helped each other. >> gretchen: these two girls you ran into, one of them had been shot? >> yeah. one of the young ladies, she was shot in the face. her friend was helping her. they were crying and asking if they can come in. they said somebody is shooting. can we come in? of course, i helped them in. but yeah, she's okay. i talked to her the other day, but i thank god for that.

>> gretchen: i'm sure she's so glad there were to help her. i understand that you called your wife right away because in this story about life and death, you have a new baby at home? >> yeah. i have four-month old. first. >> gretchen: you wanted to let her know that you were okay. >> yeah. after calling the cops and doing a couple other things, i went to call my wife and let her know what was going on of the i didn't want her to hear it anywhere else and be worried. so i definitely called her, let her know what was going on. she felt a little relieved. >> gretchen: we're glad to know you are fine and that you helped focusly save the lives of so many other people in theater 8. thanks for being on "fox & friends" today. >> thank you. >> gretchen: we'll have more "fox & friends" two minutes away c to provida better benefits package... oahhh! [ male announcer ] it made a big splash with the employees. [ duck yelling ] [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. ♪

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of the country. holy cow. >> brian: make is a great day, everybody. >> gretchen: see you tomorrow. >> after the show show martha: thanks you guys. we are about a get our first look at the suspected gunman in the movie theater massacre. he will appear in court this morning. you will see and hear all of that live here on fox as the community of aurora, colorado, begins the process of mourning and remembering the lives of their family and friends. morning everybody, i'm martha maccallum here in "america's newsroom". >> i'm gregg jarrett in for bill hemmer hundreds of people gathering last night for a vigil honoring the memories of the dead, local, state and religious leaders calling for strength. >> in aurora, while our hearts are broken, our community is not.

we will take this experience and use it to strengthen our commitment to each other. >> to the families of those gathered here today, we remain here for you. our community is here for you. colorado is here for you and always will be. >> the senseless and evil act of violence left many of us wondering how and why this could happen. these questions arise when the everyday securities and certainties of life, the trust we carry in our fellow human beings, that we can go safely to work each day or go to school or to the movies are shaken. it's natural for us to wonder why does this kind of suffering happen and what does it really mean. martha: boy, indeed it is. those are the big questio