gave maria, very friendly. if you know what i mean. >> yeah. absolutely. i think maria fell in love. there we go! not aggressive. happy. >> steve: thank you for joining us. the big concert com. come on down. good morning and fox news alert. a notion ondole we find a rather revealing "fox news poll," show overwhelming majority of americans believe americans are too dependent on the government handout. and they believe making charity too easy to get. good morning, everybody, i'm bill hemmer. welcome here to "america's newsroom." martha has time with the family. welcome back. >> you got it, i'm here. good to see you, nice to see all of you as well. these polls are stunning. record, 74%. three out of four voters tell fox news they think americans

rely too much on the government and not enough on themselves. bill: stuart varney, host of "varney & company" fox business network. good morning to you. take inside the numbers and tell us what they say. >> look deeply inside the food stamp program. 53% of the respondents think government makes it too easy to get food stamps. 57% think people are taking advantage of the food stamp program. there is overwhelmingly negative view of this particular form of handout, welfare entitlement. bill: a lot of people think there is abuse in this. 14 million more americans since 2009. >> yep. bill: up more than a million in the last year alone? >> that is correct. and the government is still advertising to bring more people into the food stamp program. and by the way, bill, the cost of that program has gone up dramatically. 78 billion-dollars per year as of now. up 25 billion a year since 2009.

bill: we found almost 3/4 of americans in the same polling don't think they have heard many new ideas from the president when it comes into the economy. this kind of folds into that, stuart. >> it does indeed. the president has been making a series, i will call them campaign-style speeches largely on the economy the last couple weeks. 71% of the people polled in this "fox news poll," 71% say they see nothing new in the president's economic policies in these speeches last couple weeks. bill: is it falling on deaf ears? making a lot of trips and speeches trying to talk about jobs and the economy. >> no, the people polled are right. there isn't much new from the president on economy. calling for more infrastructure spending, more education spending. no real change. it is back to the future on housing. one thing that is knew the president talked about in last couple weeks is a new tax on overseas profits of american corporations. bill: we'll see if that goes

anywhere. stuart, thank you, see you at 9:20 on fbn. >> got it. bill: as of april, 47 1/2 million people in america receive food stamps. that is million more than a year ago. 30 million more than the year 2,000. majority, 53% say it is government's fault the feds made it too easy to get on welfare. only 40% blaming the hard economic times. these eye-opening polls in connection with a new fox special that airs tomorrow night, 10:00 eastern time, fox news reporting, the great food stamp binge. hosted by "special reports" bret baier. we have more on that problem a little later in our morning. three minutes past. jamie. jamie: a new twist in the court-martial for suspected fort hood shooter major nidal hasan. the trial temporarily recessed when hasan's standby defense lawyer because he said he wants to represent himself.

he wants off this trial because hasan has quote, a death wish. that he is trying to get himself executed. former army psychiatrist accused killing 13 people when he opened fire inside a army processing center in fort hood. that is where casey stiegel is. the trial is expected to resume today. why do the lawyers want off the case and will they get it? >> reporter: we'll wait and see in about an hour's time when this starts. we're minutes away from major hasansy rifing. then all the media is asked to go inside. it's a blackout period because of security reasons. they're bringing him in at different times each day, fort hood on high alert because of this very high-profile trial. as it comes with the defense team, more like a reduced role. they don't want off the case entirely. essentially a reduced role. basically their argument before the court yesterday they believe major nidal hasan is not putting

up any defense for himself, asserting that he actually wants the death penalty. they don't want to be part of that clearly as defense lawyers. that is suddenly why court was adjourned yesterday. military law eerts stunned by the latest revelation. >> never seen anything like it. i think the judge is doing everything she can to protect the record in the case, to ensure that there's no basis for overturning whatever verdict there is. >> reporter: you know many consider this just one more setback to a very long, nearly four years since that shooting rampage on this army post, jamie. jamie: interesting, major hasan, i call him that, because he is still collecting a paycheck, is representing himself. >> reporter: he is. jamie: explain to folks why there is standby counsel. >> reporter: collecting a paycheck, more than $270,000, by

the way since he allegedly carried out this shooting. remember hasan fired his defense team and said he wanted to represent himself. clearly he has the right to do so. he is not a lawyer. he is a army psychiatrist. he doesn't really know about the letter of the law, so the judge deemed those attorneys standby counsel. so they sit at the defense table with him. they help him file motions, walk him through procedural matters, court-martial lingo. more of a consulting role really. they arguing that they can't in good conscience continue to assist if the accused murderer is not going to fight for his life, since this is a capital case, jamie. the court-martial gets underway 10:00 eastern time. started 45 minutes late yesterday. only we'll wait to see what today will hold. jamie: casey, we're glad you're there. thank you very much. >> reporter: thanks. bill: getting hasan back and forth to the court house costing taxpayers money. hasan is ferried back and forth

to the court house every day. they make a 20-mile trip, one of them, helicopters is used as a decoy. the price of that trip, $1600 every day per chopper. that doesn't include fuel and crew. since hasan arrived at the jail in 2010, the army spent a $550,000 to house him there in texas. jamie: also been not only for taxpayers and the cost, but a long and difficult road to the start of this court-martial. nidal hasan was first charged with 13 counts of murder after that shooting rampage in november of 2009 and the following months attempted murder charges were tacked on top of that. in april of 2010 he was released from a military hospital in san antonio and transported to prison in texas. finally arraigned in the summer of 2011. and after a lot of legal manueverring, it was finally decided that of the court-martial would remain at fort hood where this crime happened on june 4th of this

year, the judge ruled hasan can represent himself through all of this. through all of that nidal hasan continues to receive his military paycheck as casey mentioned. since the shooting he has been paid nearly $300,000. bill: got a fox news alert right now. the sunnies coming up in southern california and this is the image you see live. a wildfire near the city of banning. it has been raging out of control. the flames are tearing away at that hill overlooking the city. we're told three people have been injured, two of them are firefighters and some terrified people telling us about the scene and the chaos that followed there. >> it was so smokey, you couldn't see a whole lot. we did see flames that, it came down here so fast, so fast. and then the of course the wind picks up and that makes it even worse. >> how are you doing? how are you holding up? >> hearts pounding a mile a minute but like i said we've been through this before so you

kind of, you know what to do. you know to pack your important papers, pack your pictures, and then we started loading up and we didn't, there was really nowhere to go. bill: she's not alone either. at least 15 homes have burned to the ground. we're told everyone has gotten out safely. that's good news. the other thing you heard in the comment how the winds picked up. that is the worst thing for firefighters this time of year in that part of the country when the winds take those embers and blow them off in new areas. you don't want it. jamie: we worry about the firefighters. we have seen what can happen. bill: 6:00 on the west kos. we'll see what strides they make putting out the fire. president personally intervened to make sure congress and all of their staffers got exemption to obamacare. is that right? washington to bend the rules you have to follow at home? we'll debate that in a moment. jamie: so much for al qaeda on the run. why one phone call picked you up

by american intelligence testing white house narrative of a terror organization in retreat. bill: the video of the school bus violence. the questions this is raising and deafening silence among civil rights activists. >> get somebody here, quick, quick, quick. beat the boy to death. there is nothing i can do. right now, 7 years of music is being streamed. a quarter million tweeters are tweeting. and 900 million dollars are changing hands online. that's why hp built a new kind of server. one that's 80% smaller. uses 89% less energy. and costs 77% less. it's called hp moonshot. and it's giving the internet the room it needs to grow.

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jamie: police in dallas are investigating a shooting spree that left four people dead, four others injured. the gunman going to two separate homes reportedly looking for his ex-girlfriend. when he didn't find her he allegedly opened fire. that man is in custody in dallas. police believe he may have only stop the shooting because he ran out of ammunition. bill: accusations of inappropriate behavior being launched again at the irs. first reports that the agency

instructed its agents to cover up relationship it had with the drug enforcement agency, dea. it was right in the employee manual. congress now investigating potential collusion between the irs and the federal election commission, the fec. the white house though repeatedly accused republicans of wasting time on what they consider fake scandals. >> with this endless parade of distractions and political posturing and phony scandals, washington's taken its eye off the ball. and i'm here to say, this needs to stop. >> some phony scandals that have captured the attention of many here in washington. you know, fake scandals, or things like that. we have to keep focused on the north star here, the issues that the american people want us to be focused on. bill: byron york, the north star right now, chief political correspondent, washington examiner. fox news contributor. good morning to you. >> good morning to you, bill.

bill: the connection between the irs and dea has been going on for years. tell me why it is insidious, go. >> it appears we may have giant convergence for the scandals which makes it difficult for the president and white house to keep saying they are phony scandals. what we know about the irs-dea thing right now, this taps on concerns about surveillance of americans. dea has an intelligence operation. let's say they're looking into a drug operation of some sort. they share information with the irs which is not in itself bad because drug dealers often don't pay their taxes, but, what happens then is the irs covers up the source of the information. the defendants in this case never know it came from the dea -- dea intelligence operation. the irs concoct as phony trail of evidence to use in the prosecution. it really raises questions about civil liberties and concerns about that. bill: so, go delete in box, right, delete your deleted file.

>> create a new in box after that. it's a bad deal. bill: you say the defendant never knows the source of charges against him. that doesn't seem, right, does it? >> this is going on quite a while. this is not related. interesting thing this is on a separate track from concerns about the irs targeting of conservative groups. this is something, in this case in the dea case that has been going on for quite a while. i think there are larger concerns about the justice department itself and in other prosecutions, not revealing the source of information used in criminal charges. bill: it may go to the whole nsa affair, who is watching what, what information they're taking from you now and what could be taken in the future. also the irs is dealing with this federal elections commission deal. >> it is also -- bill: let me quote darrell issa here. on the screen for our viewers. documents recently produced to the committee demonstrate the fec personnel communicated with irs personnel about tax-exempt

groups engaged in political activities. raised the prospect of inappropriate coordination between the irs and the fec about tax-exempt entities. inappropriate coordination, byron. >> i think issa may have been being nice using word inappropriate t could be illegal. it could be illegal for the irs to share information about groups that had applied for tax-exempt status and were not granted it. and then share that information with the fec. you know the irs has a lot of confidentiality requirements that bind it. and if it is sharing information about either individual taxpayers or about tax-exempt organization it is can't share them with other parts of the government except under very controlled circumstances. if you have the irs and the fec sort of openly sharing information that is another source of concern in this whole thing. bill: go back to the original point, by the way, issa wants all the documents going back to

2008. we'll see what they reveal in the end. when you put the dea story with the irs and the fec story with the irs, and the benghazi story that been picked up a little bit more by the mainstream media in recent weeks, what does that suggest overall about the theme from the administration that wants to declare all these scandals phony? >> well it suggests it just won't fly. you're right about benghazi. for months and months fox was kind of a lonely voice investigating what was going on in benghazi. now it does seem that other media organizations realize there are serious and unanswered questions about what happened there but when you combine that with these irs revelations, it becomes very, very difficult for democrats to say as they have been saying for weeks now, nothing to see, let's move, nothing more to investigate. you remember the democratic head on the issa committee weeks ago said that the irs scandal had been solved. it was all over. then the president himself said the scandals were phony.

it just becomes harder to maintain that position with each new revelation. bill: byron york out of washington, thanks for coming in. nice to see you. >> thank you, bill. bill: 19 minutes past. here's jamie. jamie: we'll tell you more about telling new poll numbers showing how americans really feel about the president. his disapprovals nearing all-time low. actually the disapproval is up. bret baier will weigh in. he will straighten it out for us. plus this. >> tonight's first number. we have 58, right after that, everybody, the number 5. xt number 25. bill: we have got three winners out there. we have three winning tickets over a massive 448 million-dollar jackpot. which states have brand new multimillionaires this morning? i love it. ♪

bill: nfl season kicks off four weeks from today in fact. we're already getting predictions who we might see in the super bowl. prediction machine.com saying we will likely see the runner-up in last year's game, the san francisco 49ers, taking on the denver broncos. peyton manning, mr. football on your phone. super bowl iv 8 will be played in new jersey, meadowlands on fox, on fox. it is on fox, folks. pack your thermals. might be chilly. it is on the fox big broadcast. all the other teams like -- jamie: you're going to be there. i know you're going to be there. bill: sure.

jamie: these folks might get to go too. why? because they are so rich. three lucky people woke up after hitting last night's $448 million powerball jackpot. the golden ticket sold in new jersey. so close! and minnesota. take a look at the winning numbers. here they are, folks, check your tickets. 5, 25, 30, 58, 59 and the powerball is 32. i also wonder if it was a quick pick or come up with those themselves. david lee miller live in our new york city newsroom with more. david, what do we know so far about the winners? anybody claim it? >> reporter: we don't know a great deal at this time. none. grand prize winners have come forward. it is possible, jamie they might not even be aware they have won. we know two of winning tickets were purchases as the mentioned in new jersey. one in a grocery store in south brunswick. the third ticket was purchased in the state of minnesota.

more details have not been released. three winners will split a jackpot of $448 million. if you do the math that is a little more than $149 million per winner. and at some point if the winners want to claim their prize, their names will be made public. both minnesota and new jersey do not allow lottery winners to remain anonymous. you know, jamie, pretty certain there are a lot of folks this morning that have one of these and are doing -- jamie: i'm so sorry, david lee. >> reporter: there is some good news. they can try again later this week. jamie: you probably have another 100 or 99 at least to rip up for us. we'll see you throughout the day. maybe we'll learn more. what are the odds of actually winning this? >> reporter: the folks who run powerball say the chances of winning the grand prize are 1 in 175 million. but as we all know, despite little chance of winning, folks love the chance to play. according to one psychologist, some people simply buy tickets because, it seems everyone else

is. >> peer pressure is a big part of it. imagine there are five or six people in an office pool. all you have to ante up is two bucks? h. do you want to be the one who is saying no, i'm not going to waste my money. >> reporter: to paraphrase the bank robber willie sutton when asked why he robs banks? that's where the money is. that's why some people play powerball. some people are losers. someone bought a winning million dollar lottery ticket, same market in south brunswick in new jersey where one of powerball tickets was sold and incredibly they never claimed the prize. in most states you have up to one year to cash in. so, if you think you bought a ticket at one of the locations we mentioned or in the state of minnesota, you might want to take a look and compare the ticket to the winnerring numbers. jamie. jamie: i'm sure they did not come forward because it was just a million. good point for them to check. thanks, david lee.

keep playing. bill is two smart. he puts his $2 in the bank. i tell you a little more about the odds. you are more likely to get struck by lightning, we hope that doesn't happen than win powerball. you might have guessed that one, odds of that 1 in 10,000. you have a better chance bamming astronaut. that is 1 in 13 million. compare that to the 1 in 175 million chance winning powerball. bill: good luck out there, folks. chances are you will buy a loser. i love the story when the winners come forward and carry the press conference and lives change in an instant and they're happy. jamie: i could be very happy. they hear from relatives they never knew they had. bill: that's a fact. if the quote, core of al qaeda has really been diminished, why is a worldwide terror alert is still in effect? we put that question. john bolton, the ambassador, is on deck on that. jamie: one of the 19 elite

firefighters who died in a massive firefighter in arizona, why andrew ashcraft's family is facing a whole new bet he will -- battle in spite of that incredible sacrifice. >> city officials make it sound like we will be there at the beginning. they start to say, we will be taken care of. now they have not only stopped saying those things but they made it very contentious. they have been rude. they made nasty comments. they have been uncompassionate and unprofessional. i'm beth...

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nature at its most delicious. jamie: welcome back. president obama's repeating what seems to be a white house talking point saying the core of al qaeda has been decimated. that's a claim often repeated recently by the president and other members of the administration. >> today the core of al qaeda in afghanistan and pakistan is on the path to defeat. their remaining operatives spend more time thinking about their own safety than plotting against us. >> we point to the successes and the president pointed to the successes including the decimation of the core of al qaeda in afghanistan and pakistan. jamie: john bolton, former u.s. ambassador to the united nations. you know him well, a fox news contributor and great to have you here in studio, ambassador, thank you for coming in. do you share the opinion that not only has al qaeda not been decimated, but they have actually morphed and

metastasized? >> they have taken some hits, there is no doubt about it since the original 9/11 but i can seewe can see from the terror alert we're experiencing right now that their influence mass grown. it has ebbed and flowed over the years and so has their structure changed over the years. not like a corporate organization chart you pin up on the wall. therefore i think what the administration has done over the years to try to define and narrow what al qaeda is to this little sliver along the afghan-pakistan border. up until the past few weeks that is what they called al qaeda. reality has intruded. they call it core al qaeda but it only has been a piece. jamie: they have all the same mission. to kill americans. kill our interests overseas. the president went further than claiming multiple times that al qaeda has been at its core decimated. he has also said that he is going to stick with his plan to go to guantanamo, open it up, on a case-by-case basis send these

prisoners home. we already saw the prison breaks at the start of this overseas that al qaeda terrorists bit hundreds are out and about right now. >> right. on august the 1st, the president met with the prime minister of yemen and announced there would be more returns from gitmo to yemen. that yemen was doing a great job on terrorism. later that day and next day we had to announce this massive terror alert. it is part of the administration's storyline there is no war on terror, if it was one it is essentially over because al qaeda is on the road to defeat so they can treat terror as a law enforcement matter, rather than the global war that we're actually in. this is part of a vastly incorrect world view that has limited our ability to defend ourselves. it is one of the reasons why faced with a terror threat, our only response is closing embassies. jamie: there's a lot of concern about our country looking weak in the face of terror. and the president hasn't addressed the nation on this.

is that a mistake? >> well i think he's not concerned about america being weak. i think manifestation we've seen in the past couple days is of a much larger philosophy which is that it's america's strength, america's presence, america's assertiveness, america's overwhelming capabilities that provokes others like al qaeda terrorists to attack us. therefore, in that view the president's view, if america is weaker, the world will be safer. i think it is the exact opposite. i think a strong america keeps us and the world safe. jamie: at the same time, a lot of my homeland security sources can't comment on drones, whether or not they're even as a program but you can tell us. is the president signing off to allow enough drones to go in and weed out some of the bad guys? >> well we've seen again just in the past few days drone strikes in yemen. i think drones are a wonderful thing. i think it spares american pilots the risks of being shot down over enemy territory. i, whether you use drones against targets or try to capture them from interrogation

i think is a matter you look at case-by-case but anybody who thinks drones are somehow the wrong form of warfare to use against terrorists misunderstands their capabilities. jamie: so mama always said if you have nothing helpful to say don't say anything. the president has come out again and again now, as has other officials of the government that there isn't a strung enough al qaeda to make a dent on us. what are the implications overseas as the united states is viewed, given the fact that he has taken this position so strongly? >> our adversaries and our friend alike look at a weak, declining, uninterested america and make their own calculations. our adversaries step up. their pressures on us and our allies look for some other way to protect themselves if they can't count on the united states. the most visible piece of evidence is even beyond the president's own rhetoric, the inability in 11 months to do anything meaningful to respond to the killing of ambassador

christopher stevens in benghazi. i'm glad there is sealed indictment. it fundamentally doesn't mean a thing. there is nobody in custody. the fact of the indictment is another piece of evidence about the president's law enforcement view of the terrorist threat, rather than treating it as an act of war. jamie: better not to comment at all, like what you're saying. >> right. jamie: ambassador, thanks so much for joining us. i will see you again sunday morning. >> okay, jamie. see you then. bill: thank you, jamie. 23 before the hour. the widow of one of the 19 firefighters killed in an arizona wildfire is being denied lifetime benefits by the city of prescott, arizona. now she is speaking out about that. >> the fact i have four small children and i have to find a way to provide for them, because my husband giving the ultimate sacrifice in the city's eyes wasn't enough to seal the deal that we'll be given health benefits. we'll be given his salary moving forward to we can create a live for our kids we put together for them. it's sad that i have to even stand here today and fight for

what my husband already earned. it is sad that there's 12 other families that aren't being given what their, their brother or their husband or their spouse earned. it is a terrible tragedy and the bigger tragedy is in the fact that the people that can make it right aren't making it right. bill: well, left with four young children as she mentioned there. juliann ashcrat planned to use her husband's lifetime salaries and health packages to support her family. the city claims her husband was seasonal employee, therefore his family is not entitled to the benefits. >> as its hands tied. we're delivering everything we can to these families that is available but to, equalize or change somebody's employment classification after the event is simply impossible and illegal. bill: the ashcrafts are one of 13 hotshot families being denied lifetime benefits by the city based on work being seasonal. your heart goes out to her. a woman who is left now to raise

her four children. i get the sense she will not give up easily on this. jamie: do you nomos of the firefighters i know do have second jobs. they have to, financially to support their families. so, if they're considered part-time at 40 hours, that's really sad. hopefully folks will come out and help. it doesn't hurt to have friends in high places. even lawmakers in washington find it pretty helpful. the president stepping in to give folks on capitol hill, an exemption from obamacare! the kind of break you will not get.

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and their staffers will not have to live with obamacare. this after democrats on the hill gave the president an earful. doug schoen, former advisor to president bill clinton. monica crowley, radio talk show host. both are fox news contributors. you don't like the rules, just change the rules. over and over, and over again, monica. here's another, here's another example. >> this is so outrageous. essentially what members of congress are telling the american people, let them eat cake. we passed this law. it is highly unpopular. vast majority of the american people want this thing repealed, either in whole or in part. they don't like it and yet we're going to be stuck be subjected to the rules that members congress passed. now they're exempting themselves, with help from the president of the united states, whose signature legislation this is, they're exempting themselves. this is like the winds of a dictatorship, where the elite leaders decide what parts of laws they like, what parts of laws they don't like, what they

themselves will be subjected to while the rest of us little minions abide by the law. bill: despite chuck grassley, republican senator, had an amendment written into law, members of congress have to live with the law if they pass it. that has been trumped, doug. >> that's true, but to be fair, both democrats like the president, democratic leadership, bill, but also republicans in -- bill: i'm not taking pubs out of the argument. doug, you have to find out how many members of congress will reject this and do it publicly. >> bill, only got 10 fingers. i don't think it will be that many. bill: fewer than 10. >> that's right. really a sign of what monica is talking about, bill, it is an elite political class, acting against interest of the vast majority of the american people who can't alter laws like employer mandate when they don't like it. so is really sad and bad for our democracy. bill: monica, you were saying. >> i will give you one

republican who is standing up fighting against this. so far i haven't heard anything from chuck grassley, as you mentioned put the explicit -- bill: we reached out to him. apparently on vacation. we're still working on it. >> clear just to get his reaction on it. one republican member of the senate, david vitter, from louisiana, coming out on the record saying congress should not being exempt. at least one is fighting for this. rest of the republicans i know they're in recess, where are they on this issue? points to a bigger problem, bill and doug. doug may agree of me on this. the most destructive division in the united states is not between republicans and democrats or conservative and liberals. it is between the ruling elites and the rest of us. between the ruling elite and regular folks. because the rest of us are getting screwed every day. exactly. bill: people are losing faith in the institution of government and this is a case in point. if you like your insurance you can keep your insurance, unless you're a member about congress

and you can do whatever you want, doug. >> that is absolutely the case and monica couldn't be more correct. bottom line, the average working american is struggling. he or she doesn't have a chance to opt out of laws to get special exemptions. and that's why resentment against congress is so strong, is the american people understand correctly, that there's one set of rules for elites, for members of congress, of both parties, another set of rules for the american people and the american people get the short stick. bill: interrupt you, doug, i apologize for that. viewers five headlines past six months that go to the issue of obamacare. ready. reuters, obamacare months behind in testing the i.t. data security. "wall street journal" now. july 14th. more restaurants replace full-timers concerned about insurance. associated press in may. like your health care policy? you may be losing it. "l.a. times," may 2nd, part-timers to lose pay amid health acts new math.

"the hill," april 17th. baucus warns, senator as max baucus of huge train wreck enacting obamacare provisions. that headline, monica, is what has really started to draw the attention to this law and its implementation in october. >> as we get closer and closer to what we presume will be relatively full implementation, october 1st, then the bulk of the bill kick in on january 1st, most american people are paying closer attention to what it means for them personally, to their families, to their small business and they are outraged by the fact that their premiums are starting to increase, higher taxes will hit them. medicare will be gutted to pay for this thing. as reality starts to set in, bill, even democrats like max baucus, jay rockefeller, who helped to write the bill are saying holy cow, this is a huge train wreck. we can't i amly meant this. most of the american people are honing in on this, we don't want this thing, members of congress

in arbitrary way are saying, it is your problem, not ours. bill: like the oligarchs. >> unbelievable. bill: crazy, doug give you the last word. go. >> and to me, we've got the health exchanges going into effect in the next moment or two. apparently from what i read there's vast chaos there. i'm seeing, as a small businessman in new york, my premiums are already going up double digits. employees are seeing their costs going up. bottom line, monica couldn't be more correct. this is a law that needs to be revised. it needs to be repealed. this isn't partisan. this is just right and wrong, bill. bill: back to the original point, we'll see how many members of congress reject the latest he had it. >> right on. bill: doug, enjoy arizona. hemmer@foxnews.com is the email. also on twitter follow me there, @billhemmer. need one line, talk about this. lines are open. because you asked, bya online own. jamie: our line is always open.

want to show you the latest of this massive wildfire that is absolutely raging out of control, forcing hundreds to leave their homes. we'll be live at the front lines with a report. we'll show you how close, see this neighborhood right here? that is how close the flames are inching toward the homes. bill: a school bus beat-down that is caught on video. [bleep] this is nasty. the disturbing new questions this scene is raising. [bleep] breach up[bleep] >> get here in a hurry. help sige lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers

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note note. bill: if you could you would. jamie: i'm there. bill: they look pretty cool. jetpacks propelled by fast-pumping water.

latest thrill at tourists spots. check that guy out. growing popularity, prompting safety and environmental concerns from hawaii. some calling for more regulations because fishermen say it drives the fish away because of the noise of the jetpack. scientists worry they disturb the marine life's habitat. not sure how it does that it is only water. but nonetheless -- jamie: not everybody can surf, though. you have to try new things. bill: true story. then you go for the jetpack. jamie: all right. this is a really amazing and serious story. there is growing outrage over it. a disturbing viral video of a school bus beating in florida. you have to see it to believe it. >> got to get somebody here, quick, quick, quick. there about to beat this boy to death. leave that boy alone! leave him alone! leave him alone! you know y'all going to jail.

y'all going to jail. jamie: in fact, all three teens were arrested. phil keating live in miami with more. wow, phil. those kids were so out of line. the bus driver, i don't know if he did everything he could, but, was race a factor in that violent assault? i understand the victim was white. >> yeah the victim's white. all three of a sail ants are african-american. based on the evidence, race was not a factor a single bit here. that is according to the investigators, the police chief and the state attorney's office. the three alleged assailants. joshua redden, julia mcnight, are charged with aggravated battery. redden charged with unarmed robbery, stealing victim $5 from his sock after he lied on the school bus floor after he was punched sixed and stomped 50 times in 60 seconds. victim reported two of the suspects to a teacher during the school day for allegedly trying

to sell him pot in the school bathroom. suspects found out, later on the business attacked the so-called snitch. >> the race difference between the victim and the defendants in this case is purely coincidental. there is absolutely no indication that race was a motivator in the attack. the motive was retaliation. >> reporter: now the bus driver has since retired and he has not being charged by the state attorney's office because the district policy on what a bus driver should do is, somewhat ambiguous in in a situation like this, jamie. jamie: those cameras come in so handy on school buses. i'm so concerned. how is the 13-year-old victim doing? >> reporter: according to gulfport, florida, police chief south of st. pete pete. he is recovering quite well. the beating happened a month ago, july 9th. the victim sat behind the bus driver on the right, hoping apparently that would be a safe spot from the boys in the back of the bus. but he was wrong. and, it is worth noting none of

other kids intervened as well. many also moved forward in the bus with cell phones to record the assault. now, the victim suffer ad fractured wrist and two black eyes at the time. so, the three suspects by the way, they will be in juvenile court in st. petersburg tuesday morning, 9:00 a.m. jamie. jamie: keep us posted. phil, thanks. bill: a beat-down. jamie: so wrong. bill: new fox polling showing record number of americans disapprove of the job the president is doing. bret baier breaks that down, minutes away. jamie: plus, does major nidal hasan have a death wish? why his court-appointed lawyer got the judge to halt the trial. as the families of the fort hood shooting victims, here are the victims, peep for yet another tough day in court. >> my soldiers on the ground and, i knew i couldn't do anything about it, drag them out or anything like that. you know, without, getting hit

again. that is something that stuck in my mind too.

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bill: new hour here, fox news alert. you're looking live at a picture after massive wildfire in california. the sunnies up on the west coast. it is spreading so fast. some people forced back inside of their homes after they were almost trapped by the flames and trying to evacuate. that order has gone out for so many. welcome back to brand new hour here of "america's newsroom." i'm bill hemmer. jamie: i will say good morning, bill. it is a brand new hour. glad to have you all with us. i'm jamie colby in for martha maccallum. the folks in the midst of that fire apparently moved to safety. hundreds of firefighters are battling it. it faces-moving silver fire they're already calling it. it has burned nine square miles since yesterday. 6,000-acres burned, three people hurt. 15 structures torched. folks on the ground say gusty

winds, they sure aren't helping. >> we had no place to go. we tried to find someplace safe. we saw several plumes of smoke and then you hear the propane tanks going and then you hear ammunition going. so i don't know if it was just one house that was lost back there or not. it is adrenaline and nerves. then i'm still hoping that our house is okay. that it has gone at least past it and that which can go home tonight. jamie: a lot of hope and a lot of prayers. dominic di-natale live in banning, california. it has been a busy fire season, dominic. anything different about this wing and do they know what caused it? >> reporter: they don't know what caused it but the sheer speed this fire started and moved. it began 2:00 p.m. yesterday afternoon. by 10:00 last night we had 6,000-acres consumed. you see one of the fronts. it moved a couple hundred yards in a matter of minutes since we got here. the front is now eight miles

long. fire crews don't know exactly how big the fire gained overnight. we do know it is 30% contained. fire crews are struggling with that. the fire is split into two fronts. got to the top of the ridge. getting closer as it moves into the san jacinto mountains, threatening the community in the city of banning. vista grand. "twin peaks," silent valley and cabizone. that will really be the focal point today. it cut off routes for people including highway 243. the only paveed routes for many. >> people were in the mid definitely those fire fronts. they went out to the highway and weren't able to get out in either direction because there was fire on both side. so they could not get down the hill into hemet or down this side. so it was a very challenging time.

>> reporter: jamie, adding 1500 people at risk today. jamie: the folks that were hurt, dominic, do you know how they're doing? >> reporter: we know one is actually in terrible condition. one civilian is described having horrific burns from head to toe. and they're at a local burns unit at a local hospital. we have two fire crew have been injured. we believe that is due to fire inhalation. but the issue today, is keeping people safe. as winds change and move this fire, fire crews are trying to get everybody out. that is the priority. human safety. back to you, jamie. jamie: dominic, you stay safe as well. thank you. bill: about a thousand firefighters are battling this blaze alone. so far 6500-acres have burned. 15 homes have been destroyed along the way and 1500 people have been forced to get out of town. back in 2006, a fire in the same area killed five u.s. forest service firefighters, working that fire then. jamie: dangerous business. we're also going to bring you an extreme weather alert. it is out of missouri.

a state of emergency has been declared after an early morning storm made for some dangerous flash floods and they had evacuations as well after some six-inches of rain fell across the southwestern part of that state in just a matter of hours. officials say things got so bad they actually had to open the floodgates on a nearby dam that are usually closed this time of year. the rain unfortunately expected to continue. bill: another fox news alert now. we have new polling numbers this morning reveal a majority of americans are not impressed what they're seeing in the white house or on capitol hill. shocker. start with the president. one in two voters telling fox news they disapprove of the president's job performance. that number jumping this month to 52%. that ties an all-time high for them. bret baier, anchor of "special report." >> good morning to you. bill: what is the drag? is it economic or more than that?

>> i think a number about things are drag on the president's approval ratings. number one is the economy overall. the sense that it is not really chugging the way it should and, second is all of the focus on all of these different scandals in washington. while the white house an others have called them phony scandals they have resonated with people according to the polls. you know this 52% matches the highest disapproval back to september of 2010. you will remember, september 2010 was just a couple months before a big loss in that midterm and republicans picked up the house. bill: tea party rallies everywhere. a the lo of people coming out against obamacare. that was the time, right? >> it was and you're in that time now where lawmakers are heading back. they're going back to these town halls. you're getting ready for the implementation of obamacare and there is a lot of questions out there when you talk to people around the country what all this means. bill: you wonder what they will

hear from constituents. look at the other poll we found. we asked people whether or not congress key serves a vacation, they're on vacation because of august recess, 82% in polling say no, forget bit. the president was better, but he was still split 48 h 48. historically the americans cut president a break. you deserve sometime off. get away from the office. get refreshed and recharged. this is split right down the middle. the numbers for congress are just awful. >> there's a sense that this place is not working. that washington is not getting it done. republicans, democrats, the white house, congress, they're not working together. 63% of the people polled in this poll think the president should lock himself in a room with republicans and negotiate in d.c. instead of traveling around giving speeches. one more thing about the speeches. 71% think that the president's economic speeches, and there

have been two big ones in the past two weeks, illinois and tennessee. 71% think it is more of the same and not new ideas. it is important to recognize in these polls we always ask, how do you identify yourself. in this particular poll 38% said they were democrats. 37% said they were republicans, 23% said they were independents. bill: wow, i mean that crosses all three categories then. you're at 71%. how would the white house defend itself on the traveling economic road show of speeches? >> well, i think they have said that the president is trying to get out and talk about things that he has been talking about, but in an effort to remind people that this is where his main focus is. that said, there really aren't a list of new ideas and, judging by these polls, people just want stuff to get done. don't really want to talk about it. bill: corporate tax idea that was floated out there, that didn't go very far, did it. >> not far at all.

bill: big bouncing lead balloon. >> that's right. bill: check out bret later tonight. 6:00 eastern time own hely here on the fox news channel. "special report" monday through friday. thank you, bret. jamie: fox news alert on terror threat in the middle east. another u.s. drone strike has taken out several targets in yemen. the attack killed at least six suspected militants in the central part the country. yemen is on high alert after u.s. intelligence uncovered plans of a possible al qaeda attack on foreign embassies eminating from there potentially. the u.s. carried out six drone strikes over the last 10 days, killing 29 suspects terrorists. bill: we had a report yes, i did that a drone took out eight suspected terrorists. there is so much activity happening in and around the country. jennifer griffin reported about the marines. jamie: moving in. bill: the expeditionary unit on the ship. 1400 marines floating out there

off the coast. jamie: ambassador bolton told us last hour the drones are the way. bill: watch yemen right now. it is at the heart of all of it. the trial of the fort hood shooting suspect underway this morning. after the his court-appointed lawyer that hasan is quote, or has a, death wish. could that be a game changer? we'll tell you. jamie: rising tensions between former cold war enemies. a meeting between president obama and president putin, canceled. what it means for the future of the u.s.-russia relationship. bill: also, jamie, a tornado touching down in the heartland. check out this video. stunning images that you will see, next. >> when i actually saw the tornado go down. i was five or six miles south. i saw it go down and debris come back up. >> i have a new appreciation for mother nature. it does some weird things. [ female announcer ] the best thing about this bar

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bill: we have severe. a tornado. witnesses saw it approaching. they were able to take cover and talked about it this way. >> freaking out. and i was like, froze with fear after it. >> over in the distance, about 500 yards a way i saw a tree laid over. oh, wow. time to go to the basement. bill: get down there. we're told the twister did not sticks around for long but managed to rip the roof of a farmhouse and snap several trees. jamie: well the court-martial of accused fort hood shooter nidal hasan is set to resume. yesterday the military judge halted the proceedings, after hasan's court-appointed attorney said, it is quote, clear hasan's goal is to remove impediments or obstacles to the death penalty and is working toward a death penalty. we have a judge advocate

general. you know it as jag. he is a professor of law at the u.s. coast guard academy. we're so happy to have you hear, captain. thank you. >> great to be here, jamie. thanks for having me. jamie: there are so many twist and turns in this case, not only for the judge and this decision but for the victims and families. at this point why is it that the lawyers would even have the right to ask to step aside? they're not really representing nidal hasan. they're just there for backup or counsel? >> that's correct. in military justice you are, have the benefit of having an assigned defense counsel work for you. in this case, hasan has fired two previous counsel. now in order to assure fairness and justice is achieve, colonel osborne has three defense counsel assigned to assist. they have a limited role, jags are like regular lawyers, they have ethical obligations. they said we can't do this ethical obligations.

we san do this because we have to zealously defend our client. he wants the death penalty. so they asked to be removed from the case. jamie: caught everyone by surprise. halt proceedings today. they're back in court. this just breaking that the associated press reporting that the fort hood shooting suspect. major nidal hasan can represent himself in this capital murder case and stand bilawyers can not take over. so they didn't get their request. saying that they will now have to remain in this capacity even though what he said he wants is death. >> that's correct. he has the right to actually represent himself, pro say like any other proceeding. it is odd. it made it very difficult for the families as you mentioned, jamie and victims sit and listen to hymn and have him cross-examine him. that is the oddity. he may not be the pest person to represent himself. he may grandstand. he may espouse jihad but he has the right to represent himself

in court-martial proceeding and sounds like the rule came down that way. jamie: we can probably count on that, grandstanding. >> no question. jamie: he said he started with the wrong side. meaning as an officer in the military and had crossed over to the right side in his 2 minute or 45 second i think opening statement. let me ask you this, captain. i'm only familiar with civil law and having done trials in civil court. >> sure. jamie: it is very different the rules, and what i don't understand, he's a psychiatrist. >> right. jamie: my thought is if he proceeds pro se or representing himself could he later in military court claim he had ineffective use of counsel? because we know the appeals, these, even if he's given the death penalty, in military tribunals these court-martials they don't stick. the appeals have been so overwhelmingly successful, haven't they? >> that's correct. there is no question, jamie. we have 16 capital cases have been found to actually find a person guilty and sentenced to

death over the last 50 years. 11 of those have been overturned. five that are remaining are on death row, waiting their actual execution which seems to be not ever happening in the near future. so the last actual execution occurred in 1961, jamie. so that really gives us a flavor, for, yes, the appeal process works in the military. is his pro se counsel representation assure he will be successful on appeal? there is more room for mistake, more room for error, more room for errors in the record of trial as it goes to appeal. i agree with you. i think there's no question it will benefit him in the long run, even if he wants to assure he is executed to be a martyr, the strange greatness of our system he probably won't be allowed to in the future. that is kind of the great thing about american military justice. jamie: what do you think the military thinks about all of this? he made it so long in his career. worked at walter reed and other institutions. he had a record of being certainly disgruntled with our

intervention in iraq and afghanistan. what do you think they are thinking or rethinking at this point? >> well, certainly you have to make, take steps, affirmative steps if you see this sort of disillusionment and discontent or isolation from the rest of the troops. i mean the troops are there together. the great thing about the military is military cohesion and unit cohesiveness, if you have somebody removed like hasan, somebody has to pick up on that. the great irony of this, jamie, he is a psychiatrist. when we see somebody normally isolated or removed, what you do in the military send them to the chaplain or psychiatrist for counseling to get a little bit of help and find out what's going on. in this case we had a bad apple. the person is supposed to be helping our troops was turning against our troops. his conduct as you nighted earlier is outrageous. saying he is embarrassed and apologizes to allah for serving alongside u.s. armed forces. >> unthinkable for the families of the victims and everyone that is based at fort hood which is

tight-knit, wonderful family. captain, great to meet you. we appreciate your insight as we watch these developments this hour. take care. >> thank you, jamie. jamie: bill? bill: 19 past and still no sign of two children taken from their home. as we now get new information on the suspected kidnapper and murderer. the father of the missing made a public appeal just this morning here on the fox news channel. >> you know, there's 100 different scenarios have gone through my head of what happened and no one makes any sense. we're just work through things on a daily basis. just hoping for my daughter's return. bill: indeed. and so do we. what the father is now saying about his close relationship with this man, the suspect. jamie: that's a twist. the fbi has also reopen ad decades-old case, after the man returned to heartbroken parents as a boy after being kidnapped learns he isn't that boy after all.

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jamie: an investigation now into a despicable act of vandalism in brooklyn, new york. swastikas and racist epithets on a statue of baseball great jackie robinson and peewee reese. that stands outside the brooklyn cyclones minor league stadium. people couldn't believe what they were seeing. >> we felt it was important to come out here and actually see it and show our support for what these two brave men did back in 1947. what happened here was reprehensible. whoever did this if they're caught, should be, should be prosecuted to the fullest extent of law. jamie: betcha they catch him. police are investigating the incident as a hate crime. bill: there are disturbing new details in the search for two

missing children. as the manhunt for a suspected kidnapper and murderer grows by the hour. oregon and washington state, issuing amber alerts for ethan and hannah anderson, for a possible sighting in the suspect's car. there are reports that the suspect seen here, previously told the girl that he had a crush on her. will carr is on the story, live in l.a. this morning. what can we report today, will? hello. >> reporter: well, bill, police say tips are flooding in from all across the country, so far james dimaggio, he is still on the run. police maintain he is with 16-year-old hannah anderson. think believe he killed their mom and possibly her 8-year-old brother ethan when he set his house on fire in san diego on sunday. they're awaiting dna results before they possibly i.d. ethan as being in the fire. for motive it is unclear. a friend of hannah said dimaggio said he was attracted to hannah.

the friend said that creeped her out. the oregon state police along with several other states issued an amber alert to be on lookout for the blue 2013 nissan versa. that is car police continue to say dimaggio may be driving in. ely the car was spotted by a driver in northern california yesterday and was headed north. but so far, no confirmed sightings by authorities of dimaggio or hannah, bill. bill: the father has shown a lot of strength trying to make the story public too. what more are we learn about the suspect, will? >> reporter: we know so far friends and family are completely baffled by this they would never expect this type of behavior from dimaggio. his sister told a local paper he served in the navy four years. he came home from the navy because he had to take care of his mom when she was dieing of canner. even hannah's father said dimaggio was one of his closest friends. >> which have done many things together over the years. he's constantly been around my family and seen my children grow

up of, from the day hannah, six months before hannah was born, we became trends. -- friend. >> reporter: in fact hannah's dad said he asked for dimaggio to take care of his family when he had to move across the country. now he is pleading for dimaggio to do the right thing, turn himself in and let hannah return home safely. bill. bill: let's hope for the best in the end. thank you, from l.a. jamie. jamie: the relationship is already tense. now it has gotten a little more awkward. president obama canceled a meeting with russian president vladmir putin but who is actually snubbing who? bill: about 75% of you believe that americans are too dependent on the government. a closer look this morning at our nation's food stamps program. and the effort to get even more people leaning on uncle sam. we'll explain all that. the great outdoors...

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jamie: growing concerns over the implementation of obamacare as we learn the feds have fallen months behind on testing the security of a massive online data hub that is designed to connect insurance exchanges with government agencies. mike emanuel's taking a look at that for us, joining us live from washington to explain. mike, good morning.

>> reporter: good morning, jamie. so the inspector general for the department of health and human services is sounding the alarm. he says, quote: if there are additional delays in completing the security authorization package, the cms, centers for medicare and medicaid services' cio may not have a full assessment of system risks and security controls needed for the security authorization decision by the initial opening enrollment period expected to begin on october 1, 2013. and the security component and a rush to finish is concerning pennsylvania congressman patrick meehan who says, quote: this data hub is a hacker's dream. in the rush to meet arbitrary deadlines, i'm concerned that corners will be cut and mistakes will be made, the alarms are sounding. the data hub will gather and share information from seven different government agencies. states will also have access to the data and contribute information. jamie: so the question, mike, is what response have we gotten from those involved with setting up this aspect of obamacare?

>> reporter: well, the centers for medicare and medicaid says, quote: cms has extensive experience building and operating technology systems that handle sensitive data. this experience comes from many years administering the medicare, medicaid and chip programs. one analyst we talked to predicts they will get this done. >> you know, cms has some of the smartest data geeks on, in the country working on it. furiously. and, i mean, every indication is that they're going to be ready to go october 1 nationwide. and i haven't seen anything really convincing, concrete that says that's not going to happen. >> reporter: there will be a lot of private, personal information in there, and security must be tight. jamie? jamie: agreed. thanks, mike, so much. good to see you. ♪ ♪ bill: quickly, there is a diplomatic riff growing between the united states and russia. president obama has canceled a

meeting in moscow next month with president vladimir putin, this a week after putin granted ed snowden asylum in that country for at least a year. peter brooks, former cia officer and a senior fellow at the heritage foundation. peter, good morning to you. >> good morning, bill. bill: i don't know if he could have held this meeting. it would have been an embarrassment. >> yeah. bill: but you're of the view that putin doesn't care? what do you mean? >> i don't think putin does care. the fact is putin skipped the g8 last year here in the united states after he became president. in fact, president obama moved the meeting from chicago to camp david to accommodate putin, and he didn't show up. and then you remember the horrible meeting they had at the g8 this year in germany just a month or two ago where they were about syria, and putin said some things publicly that embarrassed obama a bit. the snowden affair and then, of course, this now. so it was important that the president showed some pique, our president showed some pique and showed some spine in standing up

to russia considering everything they've done to improve the relationship. bill: right, right. and we heard from the white house yesterday it was a unanimous vote, you cannot meet with him. >> right. bill: however, the president talks about the cold war mentality that he believes putin falls back into. this from 2009, hillary clinton and sergei lavarov. >> we want to reset our relationship -- >> [inaudible] >> we worked hard to get the right russian word. do you think we got it? >> you get it wrong. >> i got it wrong. [laughter] >> it should be -- [speaking in native tongue] and this says -- [inaudible] which means -- [inaudible] [laughter] >> well, we won't let you do that to us, i promise. bill: embarrassing. and i think that's what the laughter was from the secretary of state at that point. how'd that work out? >> well, it'd be funny if it weren't so serious. can we finally say that the obama administration's russia policy has gone from reset to regret? i mean, it's been a mess. we did so many things, the obama

administration did so many things to try to get russia to cooperate with us, the new strategic arms reduction treaty, the world trade organization entry, i mean, there's just so many things, that missile defense, remember, the president canceled the bush-era missile defense programs in poland that was aimed at iran's burgeoning icbm and nuclear program? he's done so many thing, and the russians have snubbed us. it's about time they become sober about the difficulties in this relationship. bill: these are some of the headlines we found earlier today, and some of them are quite telling. washington post, obama's putin snub. we found another one from bloomberg, i mean, it's easy to find, obama snubs putin inside of tensions in u.s./russian ties. snub might not be the word of choice because it was putin who stuck it in our eye first. >> sure, absolutely. and president obama's probably tying to be diplomatic about putin slipping back into the cold war mentality, putin's

never left it. in the former kgb colonel has never gotten over that the united states and the free world triumphed over the soviet union. he's delighting in seeing the relative weakness of the united states under the obama administration on the world stage. there are sections of russian society that really like to see the decline or relative decline of the united states. and while in the united states declines, russia's standing in the world increases. putin is doing this for theater and drama as well to benefit his image in russia and abroad. bill: think about how they could help us in syria, how they could help us with iran. >> sure, absolutely. bill: this from a year and a half ago, ma of 2012, remember? -- march of 2012, remember? >> after my election, i have more flexibility. bill: assume the transition happened. the president still going to st. petersburg, sew will still

be in -- so he will still be in russia. he will have a meeting with vladimir putin, and there will be a picture, and everybody will chill out for a while. do you expect that, yes or no? >> it's an important economic meeting. they're going to be at the same place, putin is the host. it'll probably be awkward. look, the personal relationship is in terrible shape. the relationship is going to remain frosty, but there are important issues we need to cooperate on. for instance, bill, afghanistan. we're still supplying into afghanistan through russia and american equipment where our withdrawal is coming out of russia because pakistan so dangerous. syria, there's a lot of things these two major powers need to cooperate on for our mutual interests. the challenge is for this administration to appropriately manage the relationship. bill: and do not underestimate how important this relationship is too. peter, thank you. peter brooks, with insight there from washington. >> thank you. jamie: still some more news on the court-martial of major nidal hasan just in to fox news. we told you that the judge said

the lawyers who are representing him as stand-by counsel because he's decided to represent himself could not get a motion they filed that would allow them to take over that representation because they believe that nidal hasan is doing everything he can to remove the obstacles to allow him to receive the death penalty. ethical obligations of attorneys heightened in criminal cases in the military by these jag officers have now led to this, that the lawyers have asked that they be removed because if they're not, they would be violating ethical rules that really apply to all lawyers, but in this particular case, bill, these attorneys are held to a very high standard, and they want off. they don't want to break the rules. bill: this is day four in this trial, too, it may go for months. and there have been headlines just about every hour. more coming up on this shortly. in the meantime, there's

ununbelievable test in a decades-old kidnapping matter as one family learns that the child they thought had be returned to them by police in the end was not their son. jamie: it's incredible. he's 49 now. and one nonprofit agency is getting a surprise of its own after some suspected burglars apparently suffer a major change of heart. >> there was a shopping cart, and it was full of our towers, our pcs. it's like i have never seen anything like this in my 20 years. [ woman ] my doctor wanted me to get one of those emergency pendants.

the ones that let you call for help. and i said, "that's not for me! that's for some old person!" but we finally talked my mom into calling adt. then, one day, i slipped and broke my hip. the pain was terrible, and i couldn't get to the phone. i needed an ambulance, so i pushed the button. it's okay, mrs. anderson. the paramedics are on their way. it was so good to hear adt at the other end. [ male announcer ] adt home health security services.

with one touch of a button, you can summon help from anywhere in your home and talk with adt's trained professionals, who can call for emergency assistance and even stay on the line until help arrives. 1 out of every 3 people over 65 will fall this year. adt helps you maintain your independence starting at just over $1 a day. call now to receive free activation and a free guide to living alone. i'm glad adt could call for help. so am i. [ male announcer ] protect your independence. call today for more information and ask about special discounts for aarp members. adt. always there. bill: okay, so this during the break, this is what we're getting from our producer inside the courtroom while this court-martial continues. there's been a big argument between the stand-by counsel, the stand-by lawyers for nidal hasan and the judge. the lawyers are filing a writ of issue saying that the judge's denial of their motion violates the rules of professional conduct saying it would be, quote: morally repugnant to help

nidal hasan achieve a death sentence which is what they believe he's after. the counsel asked for a stay. the judge seemed very annoyed and aggravated by it. the court's now in a recess. but if that stay is granted, the court-martial would stop and likely be delayed for weeks, if not months. we'll let you know what happens moments away in fort hood. muck i muck. ♪ ♪ jamie: some surprising new evidence that the fbi has reopened, it's led them to a decades-old kidnapping test. the family that believed their son had been returned to them after going missing in a chicago hospital actually, it turns out they raised someone else's child. dan shore is a former prosecutor, steve cardigan is a former new york city chief investigator, former new york police sergeant and director of defenduniversity.com. gentlemen, welcome.

let me start with you, dan, first to explain to folk a -- folks a little more in depth. a missing baby, and there actually was a picture after birth, put out the apb, they probably didn't have amber alerts then, and 18 months later the parents get the good news that their baby's been found, and now that baby is 49 years old. he asks for a dna test with his parents' cooperation. it's not their son. how do the investigators who open a case this cold start? how do they start this investigation? >> it's very difficult, almost 50 years later you're now looking to interview and reinterview witnesses, see if there's any evidence that can be subjected to dna testing. and you want to go back to the beginning how this happened. the mother was holding the newborn in the hospital, a woman came in dressed like a nurse and said i need to take that baby for some testing, and she never returned. so whoever abducted this baby knew to dress like a nurse, knew the lingo of the hospital and

knew how to get past whatever security there was at the hospital. so investigators would want to look at any former employees, someone who was disgruntled, and hopefully publicity will lead people to think back to those days almost 50 years ago, and maybe someone remembers seeing a woman with a baby who hadn't been pregnant before and maybe they were suspicious then, but they didn't put two and two together, and maybe they will now. >> but 40 or 50 years later, you saw the headlines. could there have been more publicity after that? dan, what happens from this case legally? i guess there's no statute of limitations on kidnapping? >> well, there generally is, and it would be a statute based on what the law was in 1964 when this happened. now, if you argue as a prosecutor that the course of conduct of the abduction and the subsequent deception continued maybe even until this day, you could try to argue that the statute of limitations has not run. but it depends on what the law was back in the '60s. of course, we're a long way from

that. jamie: okay, steve, look at these two pictures, okay? this is the picture of the baby, this is the picture of this now-49-year-old who was returned to the participants who at this point finds out -- parents who at this point finds out. how do you think they put it together when they found this little boy and decided it was the same child? >> well, law enforcement initially based their belief only on the fact the baby's ears were similar. foot prints, hand prints had not been taken by the hospital, so they had very little to work with at that time. jamie: and at this time that other baby, their baby, their child that they didn't have the opportunity to raise is also 49. i mean, this poor guy who was raised by this family doesn't even know his real birth date. he has so many questions, and it's -- the family has waited til now to help him find these answers. what about that other baby? what about some other family out there? can prison handle all of the -- can police handle all of the request and information and tips

that they'll get? >> what's good, memories diminish, people pass on, they move on, but also with time we have scientific breaks. we have familial dna that can -- if you're in a database either in law enforcement or in ancestry.org and a relative, a close relative, a cousin, a brother, a sister had been arrested for some sort of a crime or voluntarily went into that database, they may be able to trace back in both cases to identify not only paul's family, but the child that was actually taken. jamie: we sure hope so. guys, before i let you go, let me just put up the picture side by side of the two, maybe someone remembers something and help identify who these children belonged to at the time. thank you, both, dan and steve, for weighing in on this and this cold case now reopened 49 years later. >> thank you, jamie. jamie: thank you. bill: we have new polls that americans think they neighbors might be more dependent on big government than ever, and how much responsibility does the government have for the record

number of people on food stamps? fox special report, the great food stamp binge, is next. is loaded with protein! really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. see? he's a good egg. [ major nutrition ] ensure high protein... ensure! nutrition in charge!

jamie: a change of heart from some apparent thees. california police say the burglars first broke into a charity dedicated to helping abused women, and they went ahead and stole computers and laptops and more. but then hours later they actually returned the stolen goods with this note. >> we had no idea what we were taking. here are your stuff back. we hope that you guys can continue to make a difference in people's lives. god bless. jamie: some nice criminals for a change, but police say they are still going to investigate that incident. bill: check it out. nine minutes before the hour now. new polling numbers showing that

voters have set what seems to be an ever-growing nation on the dole. as of april this year, 47.5 million americans are getting food stamps, an increase of 1.3 million in just one year alone. 14 million since president obama took office in 2009. we have a new fox poll number that shows that 50% of americans believe that most food stamp recipients are taking advantage of the system, so we sent people out to figure out that answer. fox news editor at large and part of the special report, the great food stamp binge, hosted by bret baier. interesting story to you. what did you find? >> you know, we found that there are record, explosive growth of this program, record numbers of americans, 1 in 7, bill, who are on food stamps, and we found that there, you know, there is real need out there. we also found that there is some

level when you have a program that is this big that has grown this large, some level of abuse. we found a guy in california -- i laugh, i oughtn't to, but he is also a comic character. this is a guy named jason the surfer guy who has no job and who, in fact, happily spends his day surfing. he wants to be a rock star, and he hangs out with his pals and has a snap card, an abt card, and on camera has a party. he takes his snap card and goes to a local food mart, snaps it through and buys lobster and says, thanks mr. and mrs. taxpayer. bill: wow. that is abuse. you mentioned an important point here because there are millions of americans, i mean, this is their lifeline. this is how they support themselves every day. how much fraud and abuse, however, did you find -- >> there actually is fraud and abuse. and we show that.

but beyond that there is also, i mean, what we found was that part of the explanation of this explosive growth in the federal assistance rolls has to do with a determined effort by the federal government and its allies among the activists who push food stamps on people, some of whom are quite reluctant to accept them. bill: so you found the government is trying to put more people on the program? >> bill, you and i are both familiar with folks down south. we know that, for example, in north carolina which is one of the places we went people might be reluctant to go on public assistance and, in fact, they have this deeply-held belief in self-reliance. and we found that the government gave an award to a social worker for going out and breaking down mountain pride in north carolina. bill bill almost incentive, it sounds like.

>> it was a kind of incentive. bill: what does that say, and i mentioned this fox poll that came out late yesterday, what did you find about america about where we're going or where we are? >> that's a great question. i mean, what we found are there are two fundamental american values and intention here. we are a generous people. at the same time, part of the american character is self-reliance and taking care of one's self. a brand new fox poll done for this special shows that weed the question -- we asked the question if someone you knew, someone you cared about was in need, would you rather have them come to you or go to the government? it's odd how it turned out. bill: really? >> a majority of republicans said come to us, come to the community, come to family. bill: family, friends. >> the majority of democrats said the government. bill: really interesting seeing your program on friday night, peter. thank you so much for the preview. peter boyar here in studio. friday night, 10:00 eastern

time. it's the great food stamp binge. your host is bret baier, tomorrow night 10:00 eastern time only here on the fox news channel. peter, thank you. jamie? jamie: guys, thanks. the justice department is expanding an investigation into the internal revenue service. new questions are raised over how that agency look into the lives of taxpayers. there's a manual that irs agents get, and it is now raising eyebrows. ♪ when i'm halfway into your heart ♪ ♪ you have to let me know [ female announcer ] when sweet and salty come together, the taste is irresistible. sweet and salty nut bars by nature valley. nature at its most delicious. lealong the jersey shore,g. sweet and salty nut bars by nature valley.

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jamie: who hasn't found themselves drowning in the clutter of your desk? well, a new study shows a clean workplace can actually promote positive habits like healthy eating and generosity? it turns out a messy desk isn't all bad either. if you just can't get enough clutter, you may actually be more prone to outside-the-box thinking, open to new ideas as long as they don't involve cleaning products, and i'm happy to report that isn't either of our desks. bill: you think so? jamie: we're neighbors. our section's neat. bill: yeah, that's