there. they have bulletproofed checkpoint booths and ordered security cards. democrats hold their convention in charlotte, north carolina september the 3rd. former president bill clinton set to play a key role he will formally nominate president obama and give a prime time address presenting the president's economic division and why he deserves a second term. they hope to rally the party because of president clinton's role joe biden will receive a final night before he and president obama formally accept the nomination. those are your 5@5:00. sipsychiatrist who treated jame holmes. marianne rafferty joins us with all of the details. what are we expecting today? around 11:30 a.m. eastern

james holmes will be in court to hear the charges against him. he will be charged with 12 counts of first degree murder but possibility of 58 counts of attempted murder charges pertaining not only the mass shooting but his booby trapped apartment. holmes was likely facing evictions. they will release a gag order allowing access to evidence including the package he allegedly sent to his psychiatrist dr. lynn fenton. they want to know what if anything she knew about the possibility of his attack. they are emerging about her history. he was disciplined the medical board in 2005 and previously recommended for prescribing vicodin, xanax and others to herself her husband and others in the 90s. the movie theater complex did not have any uniform guards on

duty. others from the same country did. they declined to explain why there were no guards the night of july 20th. >> that is an interesting one isn't it? more about that later. republican candidate mitt romney wrapping up a visit to israel today. no republican or democrat has never done this. he is holding a fundraiser there. we have the latest. during the fundraiser he hopes to raise over a million dollars. his trip to israel seems to have scored a lot of points with the israeli people. it remains to be seen how well it plays in the presidential campaign in the united states. he made it clear where he stands in support of israel. >> during the alliance between the state of israel and united states of america is more than a strategic alliance.

it's a force for good in the world. america support of israel should make every american proud. >> romney declared jerusalem the capital of the jewish state and said the united states should never look away from the compassion and commitment to israel during a meeting with friend prime minister netanyahu he focused on iran stating the highest national security priority should be to prevent iran from nuclear capability. all options including military options is on the table. >> with regards to iran and effort to become a nuclear capable nation are ones which i take with great seriousness and look forward to chatting with you without further action to dissuade iran from the nuclear folly. >> netanyahu has not endorsed either governor romney or the president. although his ties are obama has

been very strained. he accused him of putting pressure on israel to give concessions to the palestinians. the president likes to lecture the leaders of the jewish state. he rejects that criticism and points to security cooperation with the israelis. the u.s. israel defense relationship is stronger today than it has been in the past. one sign of that cooperation is the support we provided for iron dome which has i think proven itself in saving israeli lives. we are committed to the system i am interested in visiting to affirm that commitment. >> over the weekend the president signed legislation explaining military and civilian cooperation in israel.

it was a coincidence to. >> speaking of mitt romney he will be going on the record tonight with greta van susteren. here is a sneak peek of that interview. >> do we want to see peace in the milled east between palestinian and israel? absolutely. do we want to facilitate that? >> yes. ultimately the palestinians have to negotiate and so do the israelis. i know the israelis are ready to do so without precondition. >> to see more of the interview greta did with mitt romney that's tonight at 10:00 eastern. other politics taking a look at who is talking the battle on capitol hill over the looming defense cuts and also tax increases spilling over to the sunday talk shows the big topic there. >> senator kelly hitting president obama for not being involved in the discussions. the senator saying law americas

do not have to choose between defense cuts and tax hikes. >> same question for democrats. aren't the stakes of republicans you want the horrible awful defense cuts or do you want to prevent the tax cuts for the wealthier. >> that is not our choice. where is the commander of chief on this? really. here he is talking about giving a speech to our military why isn't he write now at the table with members of both sides of the aisle resolving this. he could lead this effort and he has been awol on this. senator dick durbin is hitting back. with the president's leadership he says congress will be able to resolve this issue. >> there's a case of republican amnesia on the floor of the senate. we have senate leaders coming on to the floor blasting sequestration. there was the alternative. the tea party republicans and house representatives and

followers of the senate said we are prepared to shut down the economy of america, instead we had a bipartisan approach brokered with the republican leaders and the president tha said we will put together a super committee giving them responsibility to cut the deficit by over a trillion dollars in 10 years if they fail automatic spending cuts. we voted for it to avoid economic shut down. now we face it. with the president's leadership we can come together. there is a bipartisan answer here that will reduce the deficit and still create an environment for economic growth. >> 7:15 she will be on fox and friends to discuss this further along with john mccain. it is time for the first degree weather update with maria molina for a look at current temperatures. >> good morning heather and ainsley. good to see you. good morning everyone. we are tracking heat across

parts of the central and southern plains. we have the ongoing drut and we are expecting temperatures that will not be helping out conditions along the region along with high pressure in place and dry weather. temperatures are going to be cooler specifically across parts of the east. new york city 70 degrees. you are not going to get out of the 70s as we head into the afternoon hours. as we head west ward at 88 degrees. here where the core of the heat is across parts of arkansas, western tennessee and portions of northern louisiana and texas. 104 in memphis, tennessee. you factor in the humidity it feels even worse. we are expecting heat index values to make it up to 115 degrees. meaning when you head out the door it will feel like 115. very dangerous conditions across arkansas louisiana.

we have a number of heat advisories for today and we are expecting the heat to continue for the next couple days. heat advisories will remain into effect. 80 percent of the u.s. is abnormally dry. not much warmer across parts of the northeast. you can see the showers burning up later on today. >> oo it is 11 minutes near the top of the hour. nearly 4 decades later old glory is proudly waiving. new images from space showing those american flags planted up there on the moon they are still standing strong. >> that is fantastic. i like the symbolism. >> for many of you this morning you are probably getting ready to head out the door to go to work or school or something. there's something out there that talks about road rage it may have you steering clear of a certain sex. the results of this one are

going to sur pruz you. @ñ

>> welcome back. almost quarter after the hour. bomb threats at several wal-mart stores in kansas and missouri.

several stores received the bomb threat. authorities searched and no bombs were found. symbol of our nation's pride sill standing in space. look at the pictures from nasa's lunar camera showing the american flags planted four decades ago. they are still there flying strongly. astronauts planted those flags on each of the moon missions. only the apollo 11 flag was knocked down during lift-off survived the heat and ultra violet rays. it is time for another look at who is talking this morning. supreme court justice anthony scalia talking sitting down with chris wallace for fox news exclusive. he talked about the challenges the up preem court is fa-- supr court is facing. justice scalia talking about the court's decision. >> you are shaking your head. you thought for finding the individual mandate is a tax. didn't justice roberts do

exactly what you say a good judge should do try to find a way to avoid striking down a law. >> if you read the rest of the session you would think to find a way to find a meaning that the language will bear that will uphold the constitutionality. you don't interpret a penalty to be a pig. it can't be a pig. what my dissent said in the -- >> affordable care act. >> affordable care act was simply there was no way to regard this penalty as a tax. it does not bear that meaning. you cannot give in order to save the constitutionality you cannot give the text a meaning it will not bear. >> they also talked about gun control in light of the recent shooting in colorado justice scalia talked about that issue and the second amendment. >> yes there are some limitations that can be imposed. what they are will depend on what the society understood were

reasonable limitations at the time. there were location limitations. >> what about the technological limitations. obviously we are not talking about a hand gun or a musket we are talking about a weapon that can fire 100 shots in a minute. >> we will see. i mean, obviously the amendment does not afly to arms that cannot be hand carried. it doesn't apply to cannons. i suppose there are hand-held rocket launchers that can bring down airplanes that will have to be -- it will have to be decided. >> so fascinating to hear a little bit about how they think. >> justice scalia is also talking about who he would like to see replace him on the bench some day. he hopes it is not something that he has tried to do for the last quarter century on that

bench. >> it is 18 after the hour. time to brew on this. >> you might want to pump the brakes instead of pumping your temper. women admit to having more road rage than men. >> there is a new poll out that says out of 4,000 people surveyed 61 percent of women admit to getting a little wild behind the wheel. by comparison 56 percent of men say they get angry when they drive. >> i think our definition of anger is different. >> my southern friends who were sweet ladies and talk to them when they are behind the wheel it's a different story. >> set to brew on this question of the day. women admit to having road rage. do you have evidence to back up this study? send us your stories, please. >> tweet them to us at foxx frien -- fox friends first or e-mail at foxnews.com and we will read them later on in the show. the doctor will not see you now.

we will tell you about startling new data that suggest that doctors should be in short supply thanks to the president's healthcare law. you might think the airlines squeezed every last dime out of you and your family with the extra fees. apparently there's room for more of course. we will tell you which ones could look out for. a quick look at the prices at the pump. national average at 3.49 a gallon. ♪

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o >> hello. welcome back. quick headlines for you. hyundai is recalling santa fe suv's because the front passenger air bag might not deploy if you get in a crash. affects model years 2007 through

2009. 2012 sonatas also being recalled because the side air bag might inflate for no reason. samsung and apple getting ready to battle in court. the companies are accusing one another of patent violations. if it loses samsung could face a sales ban in the u.s. >> thank you so much. you have probably noticed all of the extra fees you have to pay for practically everything on an airplane to food to extra leg room to even your baggage nowada nowadays. carriers rate $23 billion last year in fees. so the question is what are you going to be charged with next? our expert kevin authority t-- kendra authorithornton is here. >> they are making billions on these fees. they are not going to go away. they will continue to expand. one thing we are see something the stand by fee that prices going up $75 if you want to jump

on an early error later flight the same day you are ticketed. people don't have to pay to check their bags when they are flying trans-atlantic but i think we are going to see the first check bag fee probably come up next time in the future. we are paying for pillows and blankets. they are looking for more ways to tag on. >> what's frustrating customers is paying for a preferred seat. you want anna window or an i'aie you have to pay $25 this is not even a premium cabin. >> this is for regular coach. >> we were talking we have toddlers for safety reasons we want to keep our kids next to us. >> and not aggravate everyone else. >> you have to pay more to guarantee you are sitting next to your child. >> this is frustrating for families in groups. you are going to have the extra fees to sit together. >> also carry-on baggage. there are some airlines charging to bring on a purse. >> airlines like spirit and

allegiant. they are charging you to pay a carry-on bag. now you pay to check it now you pay to carry it on yourself. >> hotels a lot of people are less satisfied with their hotels than before. >> when the economy hit rock bottom a hotel was one of the hardest hit. of course that meant staffing. we are feeling the residual effect of that where people are frustrated with the food and beverage experience. check in and check out experience maybe room service is slower than they were used to. wi-fi a big pain point, too. if you are staying in a luxury hotel you expect wi-fi to be included in the charge. >> then they tell you 15 or 20 bucks a day just to use the internet. some of the hotel rooms have gotten shab yir and shab shab y shabbier. >> coming up we are going to tell you about this. the president's healthcare law is supposed to provide

healthcare to all americans. once this thing goes into effect get this there may not be enough doctors to actually see you. there is a startling new analysis coming up we will tell you about. also president obama reportedly holding off at least four times before going after osama bin laden. that's up straight ahead. on this day in history back in 1976 bruce jen erwins the -- je wins the de cath lon. i asked him do you still run? he says almost never. image that. with the spark cash card from capital one,

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>> good morning everyone. welcome back to "fox & friends first". i am hert nauert. >> i am ainsley earhardt.

welcome back it is 30 minutes after the hour. >> top headlines it is 5:30 on the east coast. the man accused of killing 12 people and injuring 58 others at a colorado movie theater will find out what charges he will face today. they will likely charge holmes with numerous counts of murder attempted murder also sag vated assault along with possible other offenses. they will say whether they will release the gag order to get access to information about his psychiatrist dr. lynn fenton. a shortage of doctors in the u.s. likely to get worse according to estimates by the association of american medical colleges the country will have nearly 63,000 fewer doctors needed in 2015. that number will more than double by 2025. health experts say there is very little the medical profession will be able to do to close that gap by 2014 when obama care

kicks in and begins to extend coverage to 30 million americans. the greatest legislative success may never have happened. an explosive new book released next month veals the president canceled operation to kill osama bin laden three times before finally approving the may 2011 navy seal mission. the reason why, well senior advisor valerie jarrett reportedly persuaded him to dance el cancel it in january, february and a third time in march. i said legislative success. obviously not legislative. in the 236 years america has been shaped trailblazers and visionaries. time magazine singled out 20 of them as the most influential in history including president abraham lincoln who preserved the union by winning the blood yis war in american history, alexander graham bell who at 29 years old made the fist telephone and last but not least steve jobs the man who started

apple, the world's most valuable company and he started it in the garage. >> that would be fun to put that list together, wouldn't it? >> first lady wraps up her trip to britto-- britain. she spent time with families and posing for pictures as well. she cheered on the u.s. basketball team at olympic park. that is your 5@5:30. the count down is on the election 99 days away. both candidates kicking up their campaigns into high gear today doug luzader is live from washington with all of the details for us. >> mitt romney is on his way to poland getting ready for the final stop on the big overseas tour where he is carefully making his foreign policy case. over the weekend he was in israel. he left a prayer at the western wall there. that leg of his trip was intended to fort fy his ties to israel but also jewish and evangelical voters back home.

he also hosted a big campaign fundraiser there that's the first time a candidate for president has done that in israel. he also met with israeli president benjamin netanyahu who he has known for years. he did not directly attack president obama's former policy stances but he tried to draw a contrast to tough talk on iran. my message to the people of israel and leaders of iran is one in the same. we will not look away nor will my country ever look away. iran's pursuit of ann arboring layer weapons capable presents an incredible threat to israel to america and the world. president obama largely took the weekend off. his motorcade playing basketball saturday golf sunday. but his surrogates went after romney trying to season what they saw as a gap last week. look, mitt romney wondered allowed whether london was ready

for the olympics. i think it's clear voters in this country wonder allowed whether mitt romney is ready for the world. i think the world is not yet ready for romney. >> we did learn a little bit more about the democratic convention in september. former president bill clinton has been given a prize speaking role and he will formerly put president obama's name in for the party's nomination. back to you guys. thank you very much. keeping with the presidential election all eyes on mitt romney to see who he will pick for vice president. >> dick cheney is talking about the process in which a vice president is picked. who knows better than him? let's take a look. >> there are two lists. there's the big list that has a lot of folks on it. when i was doing it for -- well i did it for ford in 76, but then again for george w. bush in

2000 i had a couple of calls from prominent politicians who said it would really help me for my race back home because i was on the list if somebody could leak the fact that they were on the list. that was the big list. it was easy to get on the big list. the tough part is the small list the one under active consideration. the test on the small list, is this person capable of being president of the united states. that's usually a very, very short list. >> fascinating a big list and a small list. romney saying last week a decision will not be made while he is still overseas. before you leave the house this morning let's get your first degree weather update with maria molina who has more potential of severe weather on the great lakes. they have been getting severe weather but not enough of the rain they need. >> exactly. we have 80 percent of the lower 48 under dry conditions. a combhing of the country experiencing drought conditions. we are not seeing a lot of

rainfall with some of the storms. they are relatively isolated so not everyone gets to see the storms roll on through. we are seeing a risk of severe weather not just the great lakes but in states like mississippi where you can get large hail and damaging winds from the storms. some produce a lot of heavy vain rain in a short period of time. that's a concern as well as dangerous lightening. showers and storms will fire up along the southeast coast. keep that in mind. you need the umbrella later on in the day during the afternoon and evening hours. across the plains states a big story has been the extreme heat. we are see that go continuing not just today but for the next couple days. it is worsening the current drought. 104 will be the high temperature in memphis. 106 in denver.

you factor in the humidity and that makes things even worse. we are expecting heat index values to reach 115 degrees across parts of oklahoma, texas and louisiana. stay hydrated. we have a number of heat advisories excessive heat warnings in place especially in the northeast. southeast also quiet but we are going to see the showers and storms across the coastal areas. out across the rockies this time of year with showers and storms rolling on through. some can produce a lot of heavy rain in a short period of time. now impacting the state of arizona. parts of new mexico, colorado, utah down into parts of arizona. we should see flash flooding with that. another batch through kansas and lals kau right now.

let's get some of the rain moving through the northwest. maria thank you so much. time to entertain this. mark paul gossler from saved the bell officially off the market. he tied the knot marrying mcquinn. this is his second marriage. it has been quite a few days for daniel craig's james bond. on friday he helped kickoff the olympics with the queen as part of the olympic ceremonies. now we get a first look at the bond flick "sky fall." >> 007 reporting for duty. >> oo it arrives theaters november 9th. the dark knight rises stays number one at the box office making $64 million this weekend. ice age in second with 13.3 million and the watch came in third with 13 million, the

comedy. looks cute. i want to see this one actually. let's head to sports now. look at your starting lineup along with the sports stories making news at this hour. we start with the 2012 olympics. france picking up a gold and delivering a major upset to the u.s. men's swimming team in the 4 by 100 relay. phelps and his team celting for second. >> wilmer picking up his first gold medal and a record in the butterfly. >> check out jimmy johns back here at home kissing the brick after his 4th career brickyard 400 win. joins jeff gordon as the only other nascar driver to win four times. yankees left and de pettis hit a flack on his september return. his broken left ankle isn't healed as much as doctors had

hoped. pettitte says he might have caused a setback by over doing it in rehab. you are probably the only american watching nascar. >> i watch it had all. i was glued to sports this weekend. my father would be proud. coming up a group of over 20 teens taking over a chicago store. the flash mob making out with thousands of merchandise. now police asking for your help. >> last chance to answer the question of the day. ladies admit to go having road rage. he has evidence to back up this study. i am not spying. >> i don't know what you are talking about. who wrote this story. this is coming up next 40 minutes after the hour. it's something you're born with.

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>> it is 17 minutes before the hour. what is making headlines overseas. we head to tunisia where leon pineda begins his first day of the trip to the middle east. he will reinforce international consensus that syrianal sad must step down and provide a peaceful transition to a democratic form

of government. next to india the death toll of a train fire climbed to at least 47 people. 28 hoars were wounded. that blaze caused by a short circuit. in australia friends and family held a memorial for a 24-year-old surfer killed by a great white shark. hundreds of people who went into the water to form a ceremonial ring in honor of him. >> sad for that family. major storms battling the northeast. if you live here you know that is true. cleaning up mother nature's nest. we are heading to new jersey where a violent storm left extensive damage. carry dr good morning. >> good morning to you, ainsley. this was a fast moving storm. it left behind a path of destruction. there were downed trees and power lines all over the place.

this tree snapped and fell on to the roof of this home. the mayor declared a state of emergency yesterday urging people to stay inside from dusk until dawn as utility crews worked to restore power. 30,000 electricity customers were in the dark. right now jersey central power and light is reporting roughly 1300 people in this area still without power. experts say this was not a tornado that moved through, rather a supper cell storm an intense thunderstorm with strong winds. just a couple minutes ago i talked to a guy who lives in this home. here's what he had to say. >> my car was totalled. the cars and the house luckily her and the baby wasn't home. it was just me at the window. lightening struck, struck the tree ks fell on the entire house shook the whole thing. unbelievable nobody inside this house was injured.

they are work to go restore power to the thousands. they are still in the darkness. that's the latest in free hold, new jersey. back to you. it is time now to brew on this. turns out women actually are admitting to having more road rage than the men. >> 4,000 people were surveyed and 61 percent of women say they admit to saying the gotten wild behind the wheel. by comparison 86 percent of men say they get angry when they drive. we wanted to know if you at home have evidence to back up the study. here are some of your responses. alice in florida e-mailed us saying men don't admit to anything. to ask them to admit to road rage not many of them will. >> that's why i think the results were skewed. never encountered angry road

rage women i always catch egotistical men with road rage. one day i observed a woman applying makeup. i honked at her. then she followed me for 10 minutes honking wildly. that is a scary thing seeing a woman put on makeup behind the wheel. >> may or may not be my sister. not mentioning any names. we are putting yourself first. have you reached a plateau or wondering why you aren't losing more weight? nikki fitness is in the house with answers for us. you may have there's a snud de about relaxing a bit more on the job. you can take years off your life if you do that we will give you tips to tell you how. now let's check in with steve

doocy. sorry i thought we were taking a break. >> trying to add more years to my life. >> coming up today we have conservative comedian brad stein on the curvey taupe. be will be talking to governor scott walker and if that's not enough the king of new york city donald trump will be making his regular monday appearance. f "fox & friends" live from new york kicks off about 10 minutes from now. put down the remote. we will be with you shortly. and even your trade ticket are all on one customizable page. see the 360 investing dashboard at e-trade.

>> it is 8 minutes before the hour. a mob of 20 teenagers taking over a store in chicago and making off with over 3,000 dollars worth of high end jeans. the store owner says the group

completely overwhelmed him. police posting this video on youtube hoping to get assistance nabbing those people involved in this. brand new study confirms what you may already know. stressful jobs make us age faster. this research coming out of finland. it found that stress causes damage to pieces of critical dna. that could lead to aging and other conditions. that is kind of a bummer. these ladies will help us add years to our life. we are going to pump you up this morning, heather? >> onweather you are exercise novice or gym rat we brought you personal trainer expert nikki fitness. >> lots of us new to the gym we are working out can we take a day off to recover or can we power through? >> you can take a day off to recover. if you are working out muscles on monday do cardio on tuesday on wednesday yoga or pilates

then take thursday off and get back to the muscles. let whatever part of your body is sore even if the whole body is sore tear them up. >> they need a day or two to recover. >> lots of people ask you why am i not losing weight? i have been working out week after week. i am not losing weight or many people say i hit a plateau. >> you may be working out hard but maybe you are working out hard doing the same thing. do a lot of different cross training different things you have never done before. >> you don't want to start a new class that is really hard but you need to. >> confuse your muscles do something different, different ranges of motion. si diet is 75 percent. lots of fruits and vegetables fiber whole brains, breads, pastas. >> no processed foods. >> lots of little meals all day and try to stay off red meat.

you don't need a pastrami sandwich for lunch, sauce taj for dinner. >> can you have a cheat day? >> you can have a cheat day you are wasting all of the calories through out the week. have a cheat meal. you know what i heard that was helpful. i trihire add personal trainer hated being on her schedule. someone said take classes at the gym because it's a personal trainer with 20 people in the class. it's so great, boom, bang, you are in and out of the gym. >> it's a little social. you have fun different music all of the time. i teach fitness classes several time as week it is my favorite thing to do. it is a great workout for me as well. >> change different classes and instructors. >> sometimes you want a good yoga class and yoga sculpt. if you are in a class where when

this is going to be over. >> i was there yesterday so hard never want to take that class again. thank you nikki. always nice having you. >> 5 minutes to the htop of the hour. no problems as the engine sparks mass chaos. nikki can you get this one. it is all shortened up. that is a short one. it should be easy. why can't i figure this out?

>> it's now two minutes before the hour and it's time for the good, the bad, and the ugly. first, the good. the san diego zoo has a new resident there. it's 20-year-old giant panda giving birth to a cub. she's one of the oldest pandas to ever give birth. zookeepers say they won't know what the sex of the panda is until they can get inside of the cage to examine it. next, the bad. the boeing new line of dream liners are being investigated for engine problems. one of the 787 engines shot debris into a field over the weekend and that sparked a fire. the piece of debris is believed to be from a part inside the engine, not something that was accidentally sucked into the engine. and finally the ugly. and remember we told you about this florida boat captain who lost his hand in an alligator

attack? he was guiding a tour boat. and he held a fish over the side of the boat and that's when the gator snapped. now he's being charged with a crime. feeding alligators a maryland in florida. he was brought in over the weekend and charged with the crime. >> imagine that, last his hand and charged with a crime. >> hello, griffin? >> i'm ready to go. >> panda! >> she's always good at this. >> i don't know, it was luck today. >> we are going to have a great week. thanks for setting us straight this morning and off to a great start. thank you. fox and friends starts right now! we will see you tomorrow. >> happy monday morning, everyone. hope you had a fantastic weekend.

it's july 30th already. i'm gretchen carlson, thanks for sharing your time. looks like the colorado shooting, the past about the psychiatrist that was treating him. >> great. >> but when the white house was asked the question, this is how they responded. >> our position has not changed. you know our position. >> no, no. she doesn't know. that's why she asked. >> she does know. >> i don't. >> she does not know. she just said she doesn't know. i don't know. >> who knows? >> he never answered. so what is the president's position? we will talk about that. >> known new. >> and bubba is back, scoring a big position work for president obama. a major gig, a big slot. fox and friends starts just

about now! >> live from studio e. welcome aboard. and gretchen, welcome back. >> thanks a lot. i was up in northern minnesota and central man. beautiful country. never have seen the weather change like it does in man. one minute beautiful sun, then downpour. beautiful sun, downpour. >> good news for the people of minnesota. >> what? >> i was watching a show and minnesota wanted to keep and maine for themselves. >> minnesota and maine? >> yeah. >> they aren't even near each other. >> its other long story. minnesota very much a a part of the union. >> you know what today is? today ised 9 days until the leaks. >> or four days past from tequila day. >> maybe we should mark it, 99 tt