when you have a weakening economy three years after the end of a recession, who gets the blame? what gets the blame? voters appear to be blaming president obama and the policies he came up with over the last three years. they say that is why we have a weakening economy. bill: there are concerns all week about spain. that continues. that has not gone away. but ups came out with earnings earlier today. it missed its number. what does that tell but the economy and the strength of it? >> worse yet they projected into the future and said business will be down a little bit more in the future. that means, now they're the shippers of all kinds of things all over america. they have got their finger very firmly on the pulse of business. they say it will get worse in the future. ups earnings and their outlook, it is a key indicator and it is a negative. join the club. bill: got it. want to go back to the poll real quickly here. they were asked whether or not president obama's actions were right or wrong. 53-42 say they were the

wrong actions. >> yep. bill: that goes back to the point about the white house or congress making good or bad decisions. >> the president's policy has been stimulus, a trillion dollars worth there and big increase in government spending. what is the policy going forward? the president wants to spend more money that we don't have and raise taxes on the rich. if i can express an opinion, that is not a policy which will produce growth in the this economy. bill: stuart, see you at 9:15 at fbn. stuart varney here bringing all the good news and cheer. martha: good morning. all right, so after a brief pause that we saw in the campaigning due to the colorado movie massacre the race for the white house is now back in full swing really this morning. governor romney heading overseas today on a trip that will take him to england, poland and israel, what he is calling a learn and listen trip. he will meet with british prime minister david cameron, the olympics of course getting underway there.

he will give a speech on mid-east policy after meeting with israeli prime minister benjamin netanyahu. before that, governor romney smoke with small business owners on the economy. >> for people who spent entire livelihood working in government, they don't sometimes appreciate how hard it is to start a business, grow a business, maintain a business, so that you can maintain employees and pay them better wages and better benefits. and i hear time and again people say as you did, either they think business is an enemy or they think business is getting a free ride and there is a sense somehow you're the bad guys. i see you as the good guys. if you're employing people and hiring people i want to see you do better. bill: meanwhile new polling numbers most americans disagree with the controversial statement president obama made about success recently saying entrepreneurs did not necessarily succeed on their own, that they had help from

others including the government. but a new "rasmussen poll" show 72% of the likely voters believe people who start small businesses are primarily responsible for their own success or failure. just about 13% disagree in that number. martha: president obama trying to move forward from that, which some had seen as a gaffe on the campaign trail, easing back into campaign mode today, holding fund-raisers on the west coast, on monday and making a stop at the veterans of foreign wars convention in reno nevada where mitt romney will be today. he had some harsh words, the president did, when he was there for congress. >> those big across-the-board cuts including defense that congress said would occur next year if they couldn't reach a deal to reduce the deficit, let's understand, first of all there is no reason that should happen because people in congress ought to be able to come together and agree on a plan, a balanced approach, that reduces the deficit and keeps our military strong.

[applause] it should be done. martha: so wendell goler joins us live at the white house with more on this. wendell, after really a weekend of grieving and relative peace i guess you could say between the two candidates as they took time off the trail given what a was happening in colorado they seem to be back at it again and taking some hits at each other. >> reporter: you're right, martha and still fighting over the excerpted comments the president made about small business owners not creating their businesses. he actually said they didn't create the roads and the internet that connect people to them but romney supporters say that still represents a misread like the president's assertion that the private sector is doing just fine. here is a bit of more what each man had to say yesterday. >> governor romney was at it again. knowingly twisting my words around to suggest that i don't value small businesses.

now, you know, look, in politics we all tolerate a certain amount of spin. i understand these are the games that get played in political campaigns. although, you know, when folks just like omit entire sentences of what you said. >> why won't meet with his jobs council? these are some of the largest employers in the country. they have perspectives what it would take for them to hire people and why they decide to build a facility outside the country doing what you've done, to grow in this country? the president needs to spend times with the jobs council. i guess in the last six months he has done 109 fund-raisers. he found time for that. i suggest between the fund-raisers, get together with the jobs council. >> reporter: the president has more campaign events in portland and seattle. romney is outraising him which is unusual for a challenger facing a sitting president. martha? martha: wendell, thank you very much. wendell goler reporting at the white house. bill: this is a fox news

alert on new details in the massacre at the movie theater. the world now getting its first look at the man accused of murdering 12 and injuring dozens more. this is his booking photo, hair dyed orange. we're hearing from the attorney representing his family. they are refusing to answer questions about their relationship. they say they are standing by him. >> the victims, their families, and what people are saying to the media ultimately is being heard by the district attorney in colorado, by the defense attorneys, by the courts, by the public and it's important that individuals don't get hauled into court thinking that they're going to make certain statements and they have personal knowledge about things when in fact they don't because it wastes a lot of court time. bill: suspect james holmes was in court yesterday. he is expected to be formally charged next

monday. martha: what a moment that was watching him in court yesterday. so we're hearing now about some new scares in four separate states that involved people going to see the "batman" movie. in new jersey police got a call after somebody opened up an emergency exit during the showing of the film. that would understandably rattle folks in the audience. so the police stopped the movie. they asked that person to come forward. when to no one did they can selled the movie and everybody got their money back. three men were arrested in theaters across the country in separate incidents for making threats during or after watching the movie, batman "the dark knight." that is tricky one. you want to encourage everybody to go back into the theaters. bill: conduct a normal life or try. martha: it is eerie feeling for anybody sitting in the movie. bill: it was eerie watching him court yesterday. we're getting our first look inside the apartment of the shooting suspect. what james holmes was hiding and why he might have rigged his home with explosives.

what else investigators uncovered inside. we're live on the ground with a report on that, martha. martha: america's so-called toughest sheriff faces a judge accused of taking his crackdown on illegal immigration too far. we'll have a live report on judge arpaio. bill: $20,000 for drumsticks. martha: everybody needs a pair. bill: and a band, right? martha: don't want to leave anyone out. bill: i thought they were talking about blue cheese. they were talking about a drumstick. federal agency back in the spotlight for whole new reasons and investigation behind it. >> what is absolutely incredible this quarter of a million dollar, one-day conference that spent a total of $20,578 for 4,000 drumsticks.n ars. in florida we had more suntans... ars.

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clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! martha: how about this story? the u.s. navy said a

civilian worker admits that he set a fire to his nuclear submarine where he worked because he wanted to leave work early. that really didn't work out too well for him. the total cost of the damage? $400 million. this was the scene back in may as the uss miami burned while in a dry-dock in maine. 24-year-old james casey james told investigators that his anxiety drove him to start that blaze. fury is charged, his last name is fury, excuse me. he is charged with two counts of arson. he claims he was on multiple medications on the day of the fire. he faces life in prison if he is convicted. look at the scene. bill: 14 minutes past. a new hearing now set looking into another case of extravagant spending by a tarnished federal agency. the gsa already accused of forking over $270,000 for a performance rewards ceremony

that included $20,000 worth of drumsticks for attendees. here is how they used them at that conference. >> get a big rumble on your drumsticks for these group of people here who created and a harmonic existence inside your organization because once you have harm any, the ripple out effects to your clients and to your customers is phenomenal. bill: so it went from there and california congressman jeff denham wants to make sure it stops there. republican chairman of the house subcommittee on economic development. good morning to you. >> bill, thanks for having me back. bill: what do you want to do at this next hearing? what do you want to find out? >> we obviously have to cut waist. these conferences going on. we found out this is annual conference. it is a one-day conference where they spent $270,000 in 2010. even after the president issued an executive order saying no more conferences they still kept doing it. on a annual basis they're

spending quarter of a million a year and it has to stop. bill: this is what we found as you watch the video and we'll slide this graphic on the screen. $268,000 spent on the one-day conference you say is now annual. $20,000 on the drumsticks screen right. $35,000 for picture frames and $8500 appearance fee by agent x. whoa. so your next hearing is it a direct result what you found out here by this conference outside of washington, or does this go back to the waste you found in vegas several months ago? >> no. we're looking at all conferences. what they did in vegas, maui. they have another conference coming up in maui this year. the question, why are you wasting so much money, how much money are you wasting and how deep does this go, but the main question here, is if the president issued an executive order, why are you ignoring it? bill: yeah. good question.

what do you think the gsa got out of th conference by the way? blah was the intent behind it? just look at our screen on here. the drumsticks, what was the lesson to be taught there? >> i don't know. certainly they're talking about team-building and awarding some type of reward system but where are the goals and measurements? show us what we're getting back to the taxpayer. they haven't sold any properties. they haven't leased any properties at fair market value. they're not doing a good job what their main task is. the biggest part of the problem --. bill: go ahead. >> the biggest part of the problem this is the agency that sets the standard for any other agency in government. so if they're doing this you can see how bad the rest of government is. >> that is the point. the irony the gsa is supposed to batch what we spend to a degree. >> absolutely. bill: so, sir, when does your hearing begin? also, well, you're looking at whether or not federal land can be managed and

administered by private companies instead of the federal government. how would that work? >> well, the question i've been asking, i mean this has been such a abuse of the civil and abuse of the taxpayer dollars. the question i've been asking is, can we billionish gsa all together? show me why you have to be in existence? show me how you are saving money for the taxpayers. and show the leasing is better than private industry. the real test is showing local realtors and local communities can do a better job leasing and selling property than the government. bill: $35,000 for picture frames. i don't know what was framed in the picture but we'll find out. do you believe the conference will happen after the hear something conducted early august? >> i think there are conferences like this happening across government. even with the president's executive order, unless we investigate, unless we hold those accountable and put a law in place to stop these conferences they will continue on. we may --. bill: that is the point. we're just scratching the surface, sir.

keep in touch with us. we'll do the same. we'll wait for a hearing come first of august. jeff, thank you for your time on the hill. >> thank you. bill: catchy tune. martha: looks like a very fun drumstick conference. it cost a lot of money and paid for by taxpayers but definitely got the crowd revved up. bill: for a lot of folks at conference the next stop is "american idol" because they clearly have talent and skill. martha: she keeps going in the background, whoa, whoa. >> whoa, whoa. martha: get them on the show. find out what that is all about. i like that. first it was south carolina and then texas and then florida. now the justice department is ad it again. the new states voter i.d. law that the attorney general is now going after. we'll tell you what is going on. bill: new details on what police are find inside the apartment of this man, james holmes. the first look inside is next. t

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bill: all right. 23 minutes past the hour now. developing here in mechanic's newsroom, a gunman killing himself on the university of connecticut's avery point campus. officers spent hours negotiating with the man who was reported by police to be armed and despondent. the gunman's name has not been released. a government report showing 37% of births stem from unwanted pregnancies. that number is fairly steady since 1982. additional 1200 british troops headed to the london olympics after the security firm hired to foresecurity at the london games is short on guards. keep it safe and good. we're big olympic fans. we want to see the best for london. martha: they were humiliated and brought before the hearing and said they don't

have enough people. bill: wow! hope they get it straightened out. martha: pennsylvania's new voter i.d. law is now under fire. the justice department opened an investigation whether that law discriminates against minorities while the aclu and other groups are headed to court tomorrow to fight the law that requires voters to show photo i.d. before you cast a ballot. eric shawn explains live from our new york newsroom. hello, eric. >> reporter: hi, martha. first it was south carolina and florida and then texas. now the justice department has its sights on pennsylvania. the doj investigating that state's new voter i.d. law. attorney general eric holder says he wants to protect the right to vote across the nation but critics say he is pursuing the states for partisan political purposes to help the lech president's re-election campaign. the attorney general heatedly denied that was motivation. in a letter sent to the state's acting secretary the justice department is

demanding a massive amount of information to see if pennsylvania complies with the federal voting rights act. they want the complete voter registration list for the whole state, the driver licenses and personal identification card list and information on anyone who does not have proof of i.d. the calu in court tomorrow in harrisburg challenging the state's law. they came more than 750,000 pennsylvania voters do not have veto i.d. and could be barred from the polls. but the state announced it will give out photo i.d.'s for free to anybody who wants one. supporters say photo i.d. will prevent voter fraud in the november. the presidential primary election in april when i.d.'s were not required, philadelphia commission found evidence of voter fraud including voting by nonregistered people, voting in the incorrect party primary, districts with more votes than voters, voting in the incorrect district, voting more than once, voter impersonation and voting by

noncitizens. >> do you think they're trying to intentionally prevent president obama from being reelected because of voter i.d.? >> i do not. i think it is really about balance. you want the best balance that you can between honest elections and making sure that everyone who is eligible is registered to vote and able to vote on election day. >> reporter: that was al schmidt, the commissioner who authored the report. he is republican. president obama won pennsylvania in 2008 by 600,000 votes. that is fewer than the number of people who is claimed do not have photo i.d. if you suspect problems at the polls where you live or voter fraud we want to know about it. voter fraud at foxnews.com is our address. we read every single e-mail we get, martha. martha: you sure do. you did a great job uncovering stories. you're only allowed to vote once and not allowed to impersonate other voters. >> unbelievable. martha: thanks, eric shawn. bill: there was a massive dust storm in a major

american city knocking out power to thousands. shutting out the local airport. have you seen this image? we'll show you more of that in a moment. martha: plus an alarming admission from syria. what they are now claiming. ambassador john bolton joins us on this stunning news, next. [gunfire] [ feedback ] attention, well, everyone. you can now try snapshot from progressive free for 30 days.

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attack that killed 12 and injured more than 58 others. for investigators one of the keys to getting inside suspect james holmes's mind could be what they found inside his apartment. alicia acuna is live on that, aurora, colorado, with more. we get a look inside his apartment. what have they found there, alicia? >> reporter: bill, one of the fox news crews was able to get a look inside. they weren't able to actually go inside holmes's residence because that is still inaccessible but if you take a look you can see a soldier of misfortune poster in his bedroom and many other items. aurora police investigators have removed countless pieces of evidence to be used in the case against james holmes. the apartment bidding remains evacuated and surrounded with police barricades. there is gag order. lawyers and police can not discuss specifics. family members of those killed on friday are starting to make funeral

arrangements. bill? bill: there were some of those family members in court yesterday for that appearance. tell us about that. >> reporter: yeah, there were actually quite a few and from what we could tell, a lot of them had media representatives with them so they could quite frankly deal with the likes of us. among the people who were in the courtroom when james holmes was read his rights by the judge was ian sullivan. he is the father of the youngest victim of the shooting. veronica moser-sullivan. take a listen. >> we looked at him the whole time, from the time he walked in the room until the time he walked out of the room i looked him dead in the face. honestly it was helpful knowing he was, put my mind at ease watching him start to break down. >> reporter: james homes has not been formally charged yet. that will happen on monday. additionally the d.a. in the case said the death penalty

is a possibility however that is decision that will probably not be made for at least a couple months. bill, back to you. bill: so telling to hear all that. alicia acuna live in aurora, colorado, yesterday. martha: there are new fears that syria will use its major stockpile of chemical weapons and perhaps turn them on their own people as this deadly crackdown continues to intensify. [gunfire] >> "allahu akbar!". martha: we've seen the same kind of aggression happening in damascus now. syrian government confirmed they do indeed have chemical weapons but they claim they would use them only against what they would call foreign or external aggression. the big question is how they would define that. cia said over past 40 years syria has vast supplies of mustard gas and sarin nerve

agent and cyanide with a big portion weaponized in artillery shells and bombs and missiles. that is a frightening scenario. syria has one of the largest stockpiles of chemical weapons. joining us is a man that has been watching the situation for a very long time. ambassador john bolton a former ambassador to the united nations and fox news contributor. ambassador bolton, good to have you here today. good morning. >> good morning. martha: they say they would use them only against outside aggressors but seems they feel that some of the people that are rebelling against the government there are indeed just that. >> i wouldn't count on anything this government says in terms of commitments and i think we know already they have put some of their chemical weapons stockpiles in motion to get ready possibly to use them, either against their own citizens or against foreigners. this statement yesterday by the syrians was significant because in at least some news accounts they not only said chemical weapons, they said biological weapons as

well. other news accounts just have them talking about weapons of mass destruction which includes both of them but i think this highlights not just the immediate risk of the assad regime using chemical weapons in this conflict but what happens if assad falls to all of those weapons? do they fall into the hands of al qaeda and hezbollah and next door lebanon? shouldn't we get a commitment from the opposition if they come to power they will destroy all those weapons and get that commitment before we supply any american assistance? these are all things i think we need to be thinking about. martha: let's listen to this sound from "fox news sunday" from prime minister net-net. -- netanyahu. >> can you imagine hezbollah, the people conducting with iran all these terror attacks around the world, can you imagine they would have chemical weapons? it is like al qaeda having chemical weapons. martha: what do you think about that, ambassador? >> i think prime minister

netanyahu is legitimately worried. on his border just across the golan heights in syria is where all the weapons are. in fact may also be the location for some of saddam hussein's chemical weapons. there were reports on him moving those before the second gulf war, never confirmed. that is wildcard out there. if they do exist we have no idea where we are. that's why i think the united states and others have got to be thinking right now, how do we secure these chemical weapons and the biological and nuclear weapons programs that iran may have on going in syria? how do we make sure they don't get into the wrong hands? how do we make sure if the opposition comes to power that they destroy them all or turn them over to us or others for destruction? we need to be working on that right now, not just waiting for events to unfold. martha: what you're describing is an incredibly volatile situation and fears that the prime minister of israel has really speak to that. what should we be doing? what should president obama be doing in terms of the warnings that are given to

assad at this point and to anybody else who might be these weapons? >> warning aside is just talking in the wind. i think we need to go to the russians to say we are counting on you to stop assad from using any of these weapons of mass destruction. and if you fail, russia, you will pay some consequences. you're the one that has protected assad in the security council. this is your responsibility, moscow, number one. number two, i know a lot of people have proposed aiding the opposition. i do not favor that at this point. i say this. this should be absolute precondition, absolute for any american assistance to the opposition that we get their unequivocal commitment to destroy or turn over all aspects of the assad regime's wmd program and to insist on monitoring that. finally i think we need to have plans underway right now, even given how dangerous and volatile the

situation is inside syria, to have our special operations forces prepared to go in and secure or destroy in place those chemical weapons stockpiles. we can not allow these weapons to fall into the hands of al qaeda, hezbollah or other terrorists or a successor regime in syria. martha: "the wall street journal"'s bret stevens wrote a peace asking if you're owed a poll gishgs during your own confirmation proceedings you were told you were alarmist considering what syria had concerning the chemical weapons arsenal. do you feel satisfaction at this point? >> there was no satisfaction. it was true on the nuclear programs as well. my fiercest critic during my confirmation battle on syria's chemical weaponses capabilities was another other than joseph biden. martha: thank you,

ambassador. >> still to be resolved. 22 minutes before the hour. markets are trading for 8 half minutes. ups earnings lower than expected. ups often a barometer about the overall economy. concerns about spain. on monday the second triple-digit loss we've seen in two days of trading. >> governor romney blasting the white house and president obama saying he is focusing on the wrong thing. what the president should have been working on this entire time. bob and andrea are going to have at it. martha: america's so-called toughest sheriff taking the stand in court. a live report own that coming up in court. >> they say is a worry about racial profiling. that is their excuse, to sever ties with local law enforcement that is an insult to every cop, every deputy sheriff trying to stop cooperation with the

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...or visit invisiblehearingaid.com today. ♪ . martha: pictures and memories there as we remember a true american pioneer today. former nasa astronaut sally ride lost her 17-month battle with pancreatic cancer. she was a true hero to so many little girls in the 1980s when she became the first woman, american woman to go into space. that happened back in 1983 and it attracted some of the largest crowds ever to watch a shuttle launch. many people were holding banners and chanting ride, sally ride, as you heard in that song. that is a's administrator said she will be missed but her star will always shine brightly. sally ride, 61 years old. bill: too young to leave us.

such an inspiration. martha: what a person she was. a physicist, tennis player. bill: inspiration. martha: absolutely. bill: governor mitt romney saying the president made a huge mistake in his first term and that mistake was not focusing enough on the economy instead turning his attention to passing health care and other priorities like the stimulus he argues actually slowed job creation. quote, i understand the president will do everything in his power to try to get people to talk about shiny objects which distract from the fact that he has been unsuccessful getting this economy going or even having a conversation today where you bring up the recession word as you look forward. what about this? bob beckel, former democratic campaign manager, andrea tanteros, daily news columnist, both co-hosts of "the five.". >> good morning. bill: before you had run away success at 5:00 you know where your success began on "america's newsroom". >> exactly. >> can't forget the people

launched us martha, bill and "america's newsroom". absolutely. >> let's get on with it, andrea. is romney onto something here? >> oh, he is onto something. i think the most important thing here is not just his message, bill, is the fact that romney is throwing punches now. he has the president on the defense and that is something we haven't seen in months. whether it is explaining his comments about you didn't build that, romney is saying look you blew all the political capital you had on the stimulus, obamacare and all these other things like birth control and immigration. when the number one issue has been the economy. and he is right. they want to talk about anything but the economy. bill: your first two points, those are the big spenders. those were the big bills, health care and stimulus. bob, does this stick. >> look the stimulus in and of itself was about the economy and keeping us out of a depression. romney can talk about all he wants what was the alternative to that? the stimulus, by even conservative republican economists will tell you

that it saved us from going backwards. they will also argue it doesn't go forward far enough, when i hear --. bill: romney's team said unemployment won't go past 8%. >> of course. bill: it has for 41, 42 some odd months. >> that's right. unemployment figures do not dictate who wins the presidential races. we looked in history we know that romney keeps talking the big game. what has he specifically going to do about it? has anybody heard a specific proposal. >> yes, there is quite a few? >> really, what? >> there is quite a few. >> don't walk past that. no, no. don't walk past that. >> this is about barack obama's economy. bob i'm i know you and i know you well. i've been doing this for a while. >> i was married shorter period of time than i spent with you on television. but that is not the point. i want to know specifically what romney would do. >> we don't have enough time to get into it but he has put out, bob you know it toot. >> that is ridiculous. >> this isn't about governor romney. this election is going to be about president obama and

his economy. that's why the white house wants to talk about anything but the last 3 1/2 years. so it is all distractions and trying to get us off message, exactly what you're doing right here. it is not working. now the president is on the defensive. you know this better than anybody, bobby. in politics when you're explaining you're losing. the president has been explaining for months. bill: what about that, bobby? >> bobby. hear is the reality from bobby. bill: that is the first time i heard her call you bobby. i think it is spoken with affection. >> yes i'm sure it is. the reality you have to replace a president with somebody and that somebody wants to be mitt romney. now, for us to ask questions about the guy, hiding his taxes hiding what he did with bain capital, won't release his contributors those are legitimate questions. bill: on the topic of bain capital, "usa today" came out with this, more than two to one margin they found 63% to 29% in their survey believe that romney's background in business, including his time at bain

capital, actually make him a person who will make better decisions, not bad ones. >> that is a throw-away question. bill: how come? >> because you say a guy who has been in business for most of his career will make a better economic president. >> that is true. bill: issue they have been hitting him on bain capital for two months and whether or not -- >> by any other reckoning barack obama ought to behind in this race and targeted states and he is ahead in ohio by 10 points. why is that? >> well he --, he has likeability. bill: andrea, final point. >> he does have likeability. you guys have been hammering mitt romney, i agree on one thing -- >> romney has likeability. >> obama has personal likeability that holds him up. this is race to define mitt romney. obama has been defind. your teams, democrats have been putting out ads trying to trash mitt romney you're going after him on things like taxes saying is he is bully and all other things people don't care about. >> what is he hiding?

>> people don't care about that stuff. bill: andrea, bobby, we'll see you guys. >> thank you, billy, i appreciate you very much. bill: call me billy anytime. my sisters, they all do it. thanks to both of you. see you at 5:00. >> thank you, billy. martha: moving right along. we're waiting for two pretty important reports that are coming out of the congressional budget office. they are the people that add up the numbers to figure out how something much something is going to cost. brand new numbers of the cost of the president's health care law. that coming in after the supreme court made its ruling. details on that cbo report are coming up. bill: watch the scene here. a massive dust storm engulfing an entire city. where that hit and the outcome in moment. >> and what it is called. bill: yeah. are you receiving a payout from a legal settlement

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bill: so a daredevil set to

make the dive of his life, skydiver felix baumgartner, will jump some 90,000 feet from the edge of space. we brought you this story a couple weeks ago and now he is ready to go. he will jump out of a capsule attached to a hot-air ballon. he will go from zero to 500 miles per hour in 30 seconds. he will barely have any oxygen and temperatures will be well below freezing. here is he is when he joined us in our studios. have a look, back in may. >> i'm a competitive person. i've been a base jumper. i've been jumping off the highest buildings in the world. this is totally different ballgame. this is a science project. bill: like a astronaut, right? felix will have nothing but a parachute and a pressure suit to keep his brood from boiling. good luck on that, felix. keep you posted. when it happens. martha: good luck, felix. arizona sheriff joe arpaio is the self-proclaimed

toughest sheriff in america and known far and wide for the tough stance he has taken in his home state of arizona for illegal immigration and criminal upon nichement. he is the one headed to the defense area of the courtroom and is set to testify today against a class action, racial discrimination lawsuit against the maricopa county sheriff's department. william la jeunesse live in the l.a. bureau with more on this. what exactly does the suit claim sheriff arpaio and his deputies are guilt i of? >> reporter: the suit was filed by the aclu and mexican american legal defense fund. they claim the sheriff illegally racially profiled latinos in an attempt to root out illegal immigrants. it does not seek to money and wants him to submit to outside monitor and submit to a pattern of discrimination t would make the federal government easier to win the sieve rights case against arpaio and effectively take over

his department. it would allow victims to recover monetary damages. it would likely nullify hundreds of existing cases against hispanic defendants. finally a politically it would damage the sheriff's re-election chances. it tarnishes the legacy of one of the state's longest serving sheriffs. martha: that talks about a pattern of behavior they're trying to stash. do they have specific examples how the alleged discrimination occurred? >> reporter: it has suppression or saturation patrols, technique police use ticket you for taillight or littering. he assigned deputies to the latino neighborhoods based not on crime stats but racially motivated citizen complaints in these areas. aclu said the latinos are stopped more often for longer times. under cross-examination he admitted he did not account for older model cars that these people drive and that the language vary the results in longer stops.

the sheriff will again as i said take the stand this morning. and for many, they believe that probably over his lengthy career he probably said things that could damage his case. but politically, people in arizona, they love or hate this guy but definitely the financial stakes for the county are very high. back to you. martha: interesting. william, we'll be watching. thanks a lot. bill: so air traffic controllers asleep the at switch according to a new report, as long as they tell their boss, they don't get in trouble. why would that be? why do officials warn the system needs an overhaul and fast? martha: jury selection is underway in the drew peterson trial. remember this one? why the attorney for the man accused of killing his third wife thinks the entire case will be thrown out. >> jurors don't convict people because they're jerks. otherwise there would be a lot of people in jail that, most people would be in jail. [music]

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martha: fox news alert. we are waiting right now for two crucial breaking news reports that are going to be released from the cbo, the congressional budget office. that is where they have been running new numbers to get the new total to add up the cost of the president's healthcare law. this is going to be a very big announcement and is being watched closely by a lot of folks in politics and capitol hill. i'm martha maccallum. bill: i'm bill hemmer. good morning to you, martha. one new report says how expensive it will be to implement the president's new signature legislation and the other how much it would cost to repeal it. martha: bob cusack is the managing editor on the hill. good to see you. good morning. >> good morning. martha: how important is this report and why are people watching it so closely. >> everyone wants to know what the price tag is going to be not

only of the supreme court ruling where it made the medicaid part of it optional out of the republican governors saying they are not going to implement that part of the law, but a key component part of the law on long-term care has been deemed unworkable. republicans are trying to repeal that part. law as well as the whole thing. that part of it actually saved to deal with that will be fascinating. this will be a pretty big news development and obviously used by both sides in this campaign year. martha: we've watched the developments over the course of the cbo reports on scoring this. a lot of times the cbo has to bake into the cake the numbers that they are given. some will say the numbers aren't right based on some of the given information that went into it, right? >> both side use gimmicks and

the healthcare law was no exception here. the benefits over the ten-year window that the cbo worked at were for six years however the cost kaeufr savors were over ten years. that's how they found that it saved money. that's something president obama repeatedly mentioned but a lot of people didn't really buy that because over the longtime it would be a huge, huge coster. >> there is a report also that says a former obama spokeswoman has been working on the numbers for cbo, that she also worked in health and human services for the administration where she was charged with running some of the figures and figuring out the plan and promoting the plan. her objectivity in this has been brought into questionment what do you hear about that on capitol hill? >> i think that is a legitimate news story you're looking at who is come up with the numbers, what is their back door.

the cbo director also a former democrat is widely respected and he'll be signing off on these reports. john boehner the speaker of the house when republicans won the house he opted not to remove the director, so he'll be okay in th the numbers and he's widely respected by both sides of the aisle. martha: okay we'll be going over them carefully just like you, thank you so much. bill: there are questions on whether or not the united states is becoming the nation on the tkoefplt a new report from the social security administration reports that 8.7 million americans got federal disability checks this month. that is a new record. perspective on that that tops the situation in 39 of our 50 states. steven moore senior economics writer for the "wall street journal." good morning to you. >> hi, built. bill: why is this lapping. >> it's such a discouraging development that we've got under 9 million people on disability.

as you know we have 47 million people on food stamps, tens of millions on medicaid. unemployment insurance has also increased. we are becoming a find of welfare dependency state, one of the things obviously driving up this enormous deficit. bill: you need a few things in order to get disability. you just don't sign up and get the money. >> you have to prove that you've been injured or have some kind of disability that prevents from you doing your job. what we know, bill, from a lot of independent audit reports is there is wide-spread fraud in the disability program. this is one of the most fraud-ridden programs in the whole federal governmentment people say i have a bad back or some other ailment preventing them from working and you know, sometimes it can be a psychological issue that allegedly keeps people off the job. but, you know when you get a disability check your incentive to go back to work is very much reduced just as if you get a welfare check your incentive to work is reduced. >> there are those who argue

once your 99 weeks runs out you sign up for disability. do you believe that is happen? >> i do. we have pretty good evidence that that's happening. you get the two years of unemployment insurance benefits and you can collect 2 or 3 years of disability. disability is pretty easy to stay on for a longtime. it's really discouraging to see how the rolls have expanded. you can understand why unemployment rolls have increased. we've been in a recession and we have 8% unemployment. disability should not be affected by the recession. bill: why do you think that is happening? i'm looking back to 1965 the number of actual working americans compared to those collecting disability it was 65-1. then when president obama took office in 2009 it was 19-1, and today it's 16-1. >> here is my conspiracy theory and i think there is a lot of truth to this. i think the administration has actually wanted to expand she's

perhaps. we talked about this. remember, bill, a couple of weeks ago the administration is trying to allow states to have waivers on the welfare work requirement. i think the incentive is to get more and more people on the dole because the administration believes this is a way to stimulate the economy. they think that food stamps and disability and unemployment insurance is a way to help grow the economy. we know that that is not true. i think there has been and incentive by this administration to get people on the dole. by the way we've seen that in food stamps too. as you know, you reported on this. bill, the administration is running adds in low-income neighborhoods and hispanic benefits telling people to sign up for the benefits. bill: it's true that many americans need the disability. there is also fraud in the system when you get to be this big. thank you. steven moore. we'll get a perspective on where the money comes from. it is funded by a 1.8 payroll

tax split between the employee and employer. those who are self-employed pay the entire amount. that has been running deficits for the past three fiscal years. martha: the government may be taking away the motivation to go out and get a job. house republicans are slamming a new plan by the obama administration to lose the mandatory work requirement for some welfare recipients. national correspondent steve centanni is live in washington. what is going on here? >> reporter: well, martha these members of congress say the administration does not have the authority to amend the welfare reform act which as you know was passed under the presidency of bill clinton. they say it's heart of a white house effort to make people more dependent on welfare programs. here is one paragraph from that letter it says, we are disappointed to see that the administration through this action and others seems intent not on helping to get americans back to work but rather on increasing their reliance on

welfare and other government programs. congressman ben quayle of arizona is among those who signed the letter. he suspects this is a devious way of manipulating the unemployment figures. >> was this a real reason to try to shrink, artificial reshrink the unemployment rate? because now people who are going to be applying for welfare don't actually have to look for work. i really want to know what the reasoning behind that was, if it makes any sense at all, because i don't think it was. >> reporter: a move by health and human services allows states to a employ for a waiver if they want to design their own plans for getting people back to work. martha. martha: president clinton got a lot of praise from both sides of the aisle when he put this in place originally. how does the administration defend this move of taking this away? >> reporter: they point ou the republicans have supported this waiver idea in the past as a which to give states more flexibility, and they point out that waivers would not be granted unless they tend to

increase workplacement by 20%. then if they don't reach that goal within the first year the waiver would be rescinded. they say the goal is to accelerate job placement, martha. martha: steve, thank you very much. >> reporter: you bet. bill: house republicans now making a new push to speed approval of the keystone pipeline. they are introducing a new bill that would allow construction to begin on the northern stretch that covers out of canada, down to nebraska. the other is under construction. it will carry crude oil all the way from canada to the refineries to texas and beyond. so far president obama has avoided giving it the thumb's up. republicans argue that completing that project will generate much-needed jobs and help the country become less dependent on foreign oil. ten minutes past, martha. martha: seven days now until congress goes on vacation. feels like they were just on vacation. they are going on vacation

again. there has been a little while. there is a dire warning about what will happen if there is no deal on the budget before they go. warnings of a lame duck looting session by senate democrats. we'll give you the details on all that, plus. >> in america there is a failure to appreciate europe's leading role in the world. instead of celebrating your dynamic union and seeking to partner with you to meet common challenges, there have been times where america has shown arrogance. bill: that is the kind of thing we heard from then senator obama touring europe. now governor romney is heading abroad and he says unlike president obama he will never apologize for america again. fair & balanced debate sent to tackle that issue in moments. martha. martha: a deadly 17-car pileup, what police say started that chain reaction and a dramatic account from some of the survivors, next. >> i was going this way, and as you can see i'm pointed that

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bill: there was a deadly 17-car pileup on a highway in west texas blamed on a dust storm. it happened in midland texas last night. traffic had slowed down inside of a dust cloud. five tractor trailers involved and victims describe a terrifying experience. >> just as i began to brake i began to move out. i was scared the vehicles behind me were coming in too fast. i looked if my rear view mirror and the tanker was coming, and it was lights out. bill: two were killed, two hospitalized and they have serious injuries. midland, texas. martha: big moment coming up as

governor mitt romney takes his first overseas trip today. he is expected to slam president obama in his speech today for apologizing for america's actions overseas, something he says he would never do. and according to an excerpt from this afternoon's speech he says, quote, aeu am even unapologetic believe in the greatness of this count tree, i am not ashamed of american power. i take pride that throughout history our power has brought justice where there was tyranny, peace where there was conflict and hope where there was affliction and despair. that's part of what we'll hear today from mitt romney. the president spoke to this same veteran's group yesterday, veterans of foreign wars. joined by lanny davis, and mar mary katherine ham. what do you expect from mitt

romney's overseas adventure. >> i think the contrast will be obvious. the excerpt you read is what he's trying to play into. when obama took office to make a contrast with the former administrations before us he went around the world and felt the need to scold our country and some of its actions. there is a clip speaking about europe that he was nearly apologizing for the country. i think this is what mitt romney wants to point out. that's part of the reason he will be visiting israel which i think this is an area he feels like the president is weak on. he hasn't been during his first four years to visit benjamin netanyahu and be in israel and they have had a famously icy relationship. i think he is trying to make some hey out of that. martha: let's take a look at some of the quotes from president obama early in his presidency that he was criticized for that mitt romney is eluding to there let's take a look. >> 9/11 was an enormous trauma to our country. the fear and anger it provoked was understandable, but in some

case it led us to act contrary to our traditions and our ideas. in america there is a failure to appreciate europe's leading role in the world. instead of celebrating your dynamic union and seeking to partner with you to meet common challenges, there have been times where america has shown arrogance and been dismissive, even toda even today derisive. >> i complimented mary cat train on using the world nearly, that is the only honest statement i've heard today. there is no apology anywhere the word does not appear. this is interpretation and political by as spin, there is no apology. if a man states a fact and it is true that we are arrogant sometimes, and we don't like it we have a right to say we don't like him saying that, but don't invent the word apology, because

it doesn't exist. secondly for mitt romney to suggest about america power, i'm going to be powerful and not mention the killing of osama bin laden or the use of drones to kill people by a president of the united states that's been criticized by the left, excuse me mitt at least talk about osama bin laden and the drones before you exert and flex your muscles. martha: mitt romney has said that he will not criticize the president when he speaks overseas. he'll speak in israel and poland and meet with david cameron in the u.k. the president always has a great platform as a president to appear in a leadership role. this is a person who wants to win that away from him in november who also wants to appear on that stage. that's a lot what this is, isn't it? >> this is a way to look presidential, to sit down with

benjamin netanyahu. he can show a contrast. it would hard to have a less friendly meeting than some of the meetings the president and benjamin netanyahu have had. it can affect the jewish vote in america which can be very important in florida. he wants to have that contrast, make it clear. as for the osama bin laden and the drone enough i think mitt romney has spoken about that very clearly in the past and that's one of the reasons that he needs to go overseas and make this. take this position was president obama has been congratulated by the american public in poll numbers for the accomplishments. i think that's one of the reasons he has to do that. martha: i want to get your thoughts on benjamin netanyahu and that meeting. an incredibly dangerous time. in syria. what do you think mitt romney can accomplish in that meeting and what should be said. >> i do agree with mary catherine this is a tough issue for president obama. in my opinion he should have gone to israel after the cairo speech. in my opinion he treated prime

minister benjamin netanyahu at one point rudely by having him come in an entrance to a white house meeting that wasn't the front entrance. i do think there needs to be repair work, there is no question president obama is pro-israel, but on a personal level with benjamin netanyahu i think a lot of the american-jewish community who is pro-israel would have taken exception to the way he treated benjamin netanyahu. mitt romney i think can reasonably contrast his stopover with prime minister benjamin netanyahu and appeal to the people in america that are concerned about israel's position in the world. martha: it's going to be very interesting to watch the dynamic there. thank you so much to both of you. lanny davis, mary katherine ham always a pleasure. bill: he is the guy who seems to keep losing his wives. drew petersen set to go on trial in the mysterious death of wife number three, while wife number four remains mission.

missing. our legal panel takes up that case in a moment. martha: an unsafe skies? it was supposed to put an under to air traffic controllers snoozing. a new report indicates it may not be fixing that problem. [ male announcer ] it's a golden opportunity...

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martha: 25 minutes past the hour right now. the strong est typhoon to hit central khaoeupbl. and tropical storm vincente is causing injuries. heavy rainfall is causing flood as well in parts of las vegas in

the southwest valley. a flash flood warning is in effect there. it is official, folks, pop diva mariah carey has signed on as the next judge on ""american idol"." jennifer lopez and steven tyler both quit over a salary dispute. she's the new woman in the chair there. bill: 5 or 10 million was not enough for them. martha: randy jackson, even though he's leaving maybe he'll get a little bit of that. bill: still america's number one rated show. check it out. it'it's supposed to be making flying safer. to have air traffic controllers fess up to their mistakes like falling a sleep on the jobs. it false way short, the failure to properly analyze, share or verify the accuracy of the information. what does this mean to you as a pentagon? john goley is a former official with the national transportation

safety board and a former airline mechanic. how are you doing, sir? good morning to you. >> nice to have you back ogood morning. bill: if a controller false falls a slope on the job they report it. >> this program is very successful. we need to understand why they are falling a sleep. there are scheduling issues, all sorts of issues. unless we take a scientific approach to analyze the events we are never going to get to the root cause and be able to fix it. bill: how big of a problem is this. sir. >> i think it's much bigger than people realize, because the human body wants to sleep at night. we've had ions of that cycle. so we're trying to break that cycle and we need to understand how to do that. and, you know, maybe shift back times to 11, 12:00 tonight and go into the morning. maybe they need to work half the night and have the day shift

come in and work the other half of the night. bill: let me ask you more about the changes. the 3:00am to 5:00am hour that is a bruceer. i remember as a younger man working over nights as a disc jockey. that was tough to get through and i was just responsible for myself, so now you imagine the responsibility and duty you have for other people flying in the air and taking off. what changes could be made to the program that could make it better? >> the very first thing that has to be done is the faa has to analyze all those reports. it's really discouraging that they haven't. these programs are in place at the airlines. the faa insisted they were in place at the airlines, and the airlines are required to do their own analysis. but here the faa in their own operation isn't performing the same task they require others to do. right after the bat bat the system is flawed by their own hand. when this report hits what is the first reafbgs th reaction

of the faa? the three d's. defend, deflate and deny. bill: john, thank you. our expert today on this study, thanks for coming in today. i appreciate your input. >> thank you for having me. martha: a top democrat is now joining some republicans in saying that someone inside the white house ranks is responsible for leaking sensitive intelligence to the press. bill: also, there is a new warning from top republicans in the fight over federal spending, why they say taxpayers should be wa remember, of the month of december. we'll explain. i ta insulin,

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martha: senators are now huddling and they are talking about possible prosecution for anybody who was involved in the recent national security leaks. this comes right after the chairman of the senate intelligence committee, and she is a democrat, of course, dianne feinstein, said that she believes that someone inside the white house had to have been responsible for at least some of that information getting out. chief intelligence correspondent catherine herridge is live in washington on this. what exactly did senator feinstein say about the leaks. >> reporter: thank you and good morning. dianne feinstein is not only the chair of the powerful senate

intelligence committee she is a senior democrat in the senate and speaking earlier this week feinstein clearly suggests that she does not blame the president for the leaks, but she has strong suspicions about his staff in the white house, quote, i don't believe for a moment that he goes out and talks about it feinstein told an audience at the world affairs council forum adding, quote, i think the white house has to understand that some of this is coming from the ranks. the president has said publicly that it's insulting to suggest the leaks came from his white house, martha. martha: what about the senior republicans on this? obviously it's of great interest that dianne feinstein is speaking out in this way. what are the republicans saying on the committee. >> reporter: what is significant about senator feinstein's statement is that it is in line with senior republicans on both the senate and house side who charge that white house staff were the likely source of these leaks. hrat thursda last thursday the defense secretary leon pa net tee and chair of the joint

chiefs testified in a closed session. after that at least one republican was satisfied the leaks did not come from the defense department. >> it comes down to their loyalty and their responsible, their duty to do the things they have. and they need to be concerned that when they say things, whether intentionally, or unintentionally, they do have a tendency to put other people at risk. >> reporter: in a recent sign of the escalation between the white house and congress over these leaks came within the past two weeks when republican lamar smith sent a list of seven administration officials he wanted to question in the white house, martha. martha: thank you very much. catherine herridge. bill: some republicans now warning of a looting of the taxpayer if congress does not get a budget done soon. it would force a lame-duck session of congress after the november election. republicans warn democrats would go on a shopping spree. senators demint johnson and graham write this.

history shows that by waiting until the last minute creating an atmosphere of confusion, fear and alarm proponents of big government give themselves a much better shot as getting what they want. one of the authors wisconsin senator ron johnson is with me now. a member of the senate budget committee. and sir, good morning to you. >> good morning, bill. bill: explain a lame duck looting session. what does that mean? denine that. >> what we're really concerned about, senator harry reid, they haven't passed a budget in over three years. they haven't brought any appropriation bills to the floor. the fiscal year sends september 30th. we have to fund the government. of course what they'll want to do is create a scenario where they want to threaten a government shut down so they can pass this big old pork-filled omni bus spending bill and throw every appropriations bill into one great big package, thousands of pages long and that's where the taxpayer of america really gets raked over the coals.

bill: your suggestion then, just so i have this straight is go ahead and get republicans to pass a budget now that would extend the budget for a year then whomever the next president is, whether it's obama or romney you can work on the fine print then, or the bigger issues. do i have it right, basically? >> it's too late to pass a budget. first of all we want to take any kind of government shut down-showdown off the table. we are not interested in playing chicken like senator patti murray is apparently with the tax rates. we want to do two things. we want to extend the tax rates for a year and we also want to extend a continuing resolution, fund the government for six months, and as fiscal conservatives we voted against the budget control act, we think the spending limits are too generous, they are not preventing the bankruptcy of america. we are willing to agree to that to get a long-term spending funding of the government so we don't threaten to shut down, we return a certain economy so businesses can understand the

plan and get moving. bill: would the president sign this or veto that, do you know? >> we would like to get this passed through the house this week or next week, and of course we can't tell the house what to do, but we have conservatives there. we'd like to do that before summer break so we can start putting pressure on the democrats, because it's such a reasonable thing to do. why would the democrats want to threaten a government shut down? i have no idea. i have no idea why patti murray is talking the way she is about taking this country, our economy off a fiscal cliff. we think it's a very reasonable proposal, give a responsible leader, a responsible congress a chance to get into august in the next administration and start putting our fiscal house in order. >> lame-duck sessions have been used in the past to ram through gasoline tax hikes, congressional pay races, thousands of wasteful earmarks and trillions of dollars in spending. in this climate do you think

this is going to happen. >> absolutely. if you're going to try to pass something in a matter of weeks it will be thousands of pages long. nobody will know what is in the bill other than the staff members who right the bill and the members in control of the mit tees earth people that have the real power, so that's exactly how all the spending abuses occur. we want to avoid that. we also want to avoid any kind of shut down-showdown, let's return some certainty to the american economy so business owners have the confidence to start investing and creating jobs stphaoeu want to pick up on one comment you made. you said it's like what you tell your kids, nothing good happens after midnight. nothing good happens in the lame duck. >> i think that's basically true, you know, it's a general statement but it's true. we want to avoid a lame-duck session or limit the issues that we have to address. certainly we don't want a big old omnibus spending bill. that will spend taxpayer money that we simply don't have. bill: thank you, senator. otherwise your grounded. ron johnson, republican from

wisconsin, we'll see how far you get with this. senator, thank you for your time. >> have a great day. martha: there is new developments in the british phone hacking investigation. prosecutors now say that they are charging eight people in that case, including a former top aid to prime minister david cameron. amy kellogg joins us now with the latest live from london. >> reporter: that's right. two former newspaper editors and six others have been officially charged today in connection with the news of the world phone hacking scandal. the charges are conspiracy to illegally intercept communications. rebekah brooks who was the top executive of news international, the british newspaper division news corporation has been charged among other things in connection with the alleged hacking into the voice mail of murdered school girl million lee dowler. she said in a statement, quote, the charge concerning million lee dowler is particularly upsetting not only is it untrue

but i have spent my journalistic career campaigning for victims of crime. brooks was also charged back in may with interfering in a police investigation into the phone-hacking scandal, charges that she denies. andy colson was also charged with the same crime, he went on to be prime minister's david cameron's director of communications until he stepped down last year. before that he was editor of news of the world, the sunday tabloid that was shut down last summer when the phone hacking scandal took on new steam. he is also charged in connection with hacking into two politicians phones. he said, quote at news of the world we've worked on behalf of victims of crimes, sick lie violent crime, and the idea that i would sit in my office tkraoeplg up schemes to undermine investigations is simply untrue. martha, these are the first charges to be brought for phone hacking since the obligations that news of the world employees hacked into million lee dowler's

phony hrerpblg phone last summer. the trial process promises to be a lengthy one. martha,. >> thanks for the update. amy kellogg in london. bill: some folks can't catch a break, martha. huge clouds of sand and dust inch gulf an entire city yet again. they call that a -- dash. martha: haboob. bill: a haboob. we'll explain that word. do not get caught inside one of those. martha: no haboobs. jury selection could wrap-up today in drew petersen's murder trial. this is taking a longtime, right? he's charged with killing his third wife. why his defense attorneys now say the whole case could be thrown out? >> jurors don't convict people because they are jerks, otherwise there would be a lot of people in jail. [ male announcer ] eligible for medicare?

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and help you find the aarp medicare supplement plan that's right for you. ot but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. ♪ bill: they are cleaning up in phoenix yet again. a massive dust storm blowing through there. look at these images here.

visibility dropped to about a quarter of a mile at one point it comes very close to the airport, this dust storm here called a haboob. you do not want to be a haboob, neither do you want to be in a haboob, forcing planes to make their way through wind and dust that comes a couple of days after another dust form, another haboob inveloped the phoenix area in a yellow-gray dust. martha: we are easily entertained. how about this. folks. the jury in drew petersen opens murder trial coul's murder trial could be in place finally after all of these years. the 58-year-old former police officer is charged with killing his third wife back in 2004. her death was initially considered an accident until the police began digging into a whole other issue and that was the 2007 disappearance of that woman, 23-year-old stacy petersen, who was his last wife. her body has never been found.

petersen's attorneys say that their client's bad reputation should not reflect on his trial. here is some of that. >> jurors don't convict people because they are jerks, otherwise there would be, you know, a lot of people in jail that -- most people would be in jail. >> most of the people we represent are not generally likable people, and some people dislike drew, but that has nothing to do with it. they are not going to get an instruction from the judge that says convict him because you don't like him. martha: that's true. joined now by two people who sometimes probably have represented people that weren't all that likable. tamara holder is a criminal defense attorney. arthur eye dial louisianas a former prosecutor. both are fox news contributors. good to have you here. a lot of people think of saysee petersen when they think of this case, this drew petersen says. that's not what we are about to litigate here.

it's indeed kathleen savio who was found in a bathtub and her death was ruled an accident. so, arthur how do you think they are going to go about this. in terms of the evidence that they have in this case? >> well, first of all when you're having a news conference don't wear dark sunglasses, criminal defense attorneys. martha: it makes them look a little shady. >> it does. i'm not even making a joke about it. i was taught that early on. when you're spoking t speaking to the media, people want to see your eyes. you're asking the jurors to trust you, to believe in you that you're going to give them evidence that could prove to them beyond a reasonable doubt that the circumstances regarding this woman's death leads them to the conclusion that he's the one, mr. petersen is the one who caused the death. and is he going to be connect being the dots? yes there is no eyewitness, no

confession, no videotape, but you're asking them to trust you. i'm going to lead you down this road and i'm going to convince you beyond a reasonable doubt he did it. martha: everyone has a right to a speedy trial. that certainly hasn't been the case here, tamara. this happened back in 2004, this original death, and then the disappearance of his most recent wife, stacey happened back in 2007. he's been in jail since 2009. the judge is concerned that some of the jurors may be tainted by all the stuff that has been out there. there is a picture of stacy peterson, she was 23. there is a movie starring rob lowe. some may question the casting in that film. >> the right to a speedy trial is something that you actually have to file, that you actually want the speedy trial, because it's really a technical, or procedural decision on the part of the defense, even though you have that right, if you demand a speedy trial the prosecutors can

say, okay, we're ready at any time and maybe the evidence isn't fully there, and so you could put your client in a more difficult position to win a case, or to beat a case, if you will. but, yeah, i mean there were 200 jurors that were summoned three years ago, and since then obviously people are going to be exposed to the media coverage, to the hype, to the movies. but at least some of the jurors who were exposed they were honest about it and they said, yeah, i watched the movie, i talked to my girlfriend about it, we talked about it at work, because now you know that you need to get rid of those jurors. >> and they said, he seemed guilty when i watched the movie. >> at least they got rid of them. >> i've never heard of this procedure before, though, jurors being summoned and basically asking them to be see questions tersd, their self bsequestered. one of the women jurors said, we

live here, it's in my face every day. i'm sorry. she was dismissed. martha: we'll talk to you soon as all this moves forward. thanks. bill: good morning to you jenna, how are you doing. jenna: new developments out of colorado today, disturbing new details about the suspect in the movie theater murders and what was in his apartment. jon scott is back from the scene in aurora. he has reaction of the mainstream media to the shooting. we'll talk about that. ever thought about taken into your 401k early? one out of five of us is doing it. we'll tell you why it's not a good idea. is the u.s. doing more in syria than we might think? we'll have information on that coming up in the 12:00 hour. bill: we'll see you then thanksment today marks the first step toward implementing a ban on oversized sugary drinks. are you under 16 ounces? martha: is that really happening? bill: believe it or not.

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michael bloomberg has been under fire since he proposed limiting sugar tkpwraoe drinks in the big apple to no larger than 16 ounces. public gets a chance to be heard today. the mayor says he is sticking to his guns. rick leventhal is live in queens, new york. he's known for some rather controversial proposals, that some have caught on, some have not. rick, good morning. >> reporter: good morning, bill. he's been called nanny bloomberg. he banned smoking in bars, restaurants and parks. he bans transfats in restaurants. he tried to get a state-wide tax on soda. now he is battling the large sugary drinks. he pointed to studies showing that drinking too much soda can

lead to obesity and diabetes. the new law would apply to 20,000 establishments across new york city, including restaurants, fast food joints, sports arenas, movie theaters, food carts. any place that sells the big drinks and gets a grade rating from the city's department of health. >> we realize that we can't simply read the affects of obesity, we must help people change their lives before they ever need to enter a hospital and that's why we brought ten agencies together to form the obesity task force and we've launched a city-wide effort to expand on our work to tackle this crisis. >> reporter: but you still could get a big gulp at 711 because it doesn't apply to convenience stores or groceries stores. bill: what are opponents saying about the ban, rick? >> reporter: well, the beverage industry is among the most vocal. they have handed out petitions, taken out radio adds. they think this is about freedom of choice, that soda is not the only reason that people might be

overweight. they say it's unamerican to be told that you can't drink a large sowed today, an soda and it's not the government's role to ban them. >> we believe we can make the choice of what to eat and drink and how much to eat and drink. choice is number one. let's not forget it will be ineffective. >> reporter: there will be a public hearing today at 1:00 eastern time in the department of health building behind me. they vote in september. this could be law next march. bill: thanks, queens, new york. thank you, rick. here is martha. martha: a man of faith and family, but is governor mitt romney down-playing what may be sue of his best assets on the campaign trail, and why would he do that? an in-depth look at that story today coming up.

martha: i will go out and get a big 16 ounce diet coke. can you drink diet coke, mayor? is that okay? i like the big huge one.

i ordered recently at diner. a man was eating french toast next to me. i said you better watch out. see you tomorrow. jon: more reaction to the bizarre court appearance of james holmes as we learn the next steps in the case against the accused mass murderer. exclusive video from inside his apartment. jenna: back to business for the presidential candidates. some wonder if governor romney is simply not playing up some of his best qualities, success, charity and faith. we're your election headquarters. we'll talk about that. >> good bargains and no sales tax, one of the best things about online shopping might be going bye-bye. jenna: there are so many good things, jon. jon: those stories plus breaking news, all "happening now." jon: a good tuesday morning to you there. there is new fallout from the first court appearance

for the movie massacre suspect. i'm jon scott. jenna: nice to have you back on set. jon: thank you. jenna: great to have you out in colorado. we'll have some of your exclusive reporting for us. jon: i have some new information from out there. jenna: we're glad you're with us. i'm jenna lee. we'll look a couple headlines we have for you. this new look at the accused gunman james holmes seen here in his booking photo. this after victims, relatives and the rest of us were able to see him in court yesterday. one of those relatives calling him afterward, a coward. in the meantime questions are surfacing whether holmes is on medication right now. whether he was medicated at hearing. because he seemed so dazed and some of his behavior was confusing at best and some describing quite frankly as bizarre. police say he still is not cooperating with their investigation. despite that next monday holmes will learn the charges he faces in connection with this shooting rampage that left 12 people dead and 58 others oned. more than a dozen ofse