law degree from uc-berkeley and has worked the fcc, the state department and was a partner with aaron fox for awhile. vonya mccann, when will you know about the judge who was assigned here in the d.c. district court, is that a good, bad? >> she's a very good judge, very smart, very efficient, and we look forward to bringing our case in front of her. >> and will the case become by and with the justice department? >> we filed on the related case and we hope and expect that the two cases will be tried together. >> vonya mccann, does congress have a role if this merger were to go through, could converse prevent this? >> well the case is in litigation right now in court and i think most lawmakers believe once something has particularly a law enforcement investigation that's what this is. the department of justice is rightfully enforcing the nation's antitrust law used to protect consumers. most lawmakers believe that once in the stage in the process that is for the courts for the courts to decide and that the judicial process tickets course. >> would splinter the okay of three major companies

law degree from uc berkeley, has worked at the ntia, the state department and was a partner with aaron fox for a while. vonya mccann, what do you know about judge ellen knew vel who has this case? the case was assigned to her here in the d.c. district court. is that good, bad? >> guest: she's a very good judge, very smart, very efficient, and we look forward to bringing our case in front of her. >> host: and your case be combined with the -- will your case be combine with the the justice department? >> guest: we filed our case as a related case, and we hope and expect that the two cases will be tried together. >> host: vonya mccann, does congress have a rolethis merger could -- if this merger would go through, could congress prevent it? >> guest: well, the case is in litigation right now, in court. and i think most lawmakers believe that once something has, lahrly a law enforcement -- particularly a law enforcement investigation, what this is. justice, the department of justice is rightly enforcing our nation's a antitrust laws to protect consumers. most lawmakers believe that once you hit

fox so-called news. it's the good the bad of the very very aaron aisha's lee oddly the good california senator barbara boxer acted in president obama's decision last week to delay new regulations kerby pollution until two thousand and thirteen boxer encouraged environmental groups to sue the administration she told reporters yesterday i disagree strongly with the administration's decision and i hope billy's sued in court and i hope the court can stand by the clean air act clean air isn't something that we should be waiting around for and it's time for the president keep this campaign promise to heal the planet so if it takes lawsuits as senator boxer is suggesting for the bad alabama senator richard shelby shelby has been one of the most outspoken critics of the newly created consumer financial protection bureau that works to make sure the middle class isn't screwed over by banks toure's again like goldman sachs even wrote an op ed in the wall street journal back in july in which he called the new consumer protection bureau dangerous well as the public campaign action fund discovered this week we now know w

aaron. thank you very much for your time today, we always appreciate it. >> pleasure, jenna. jon: a fox news alert, this is a news conference at the republican leadership in the house -- that the republican leadership in the house has been holdings, speaker john boehner, speaker of the house and majority leader eric cantor have been at that podium, saying that essentially, senator harry reid, the democrat leader in the senate, majority leader in the senate, is arguing with himself. he has promised to table that spending bill, essentially killing it, the bill that the house just sent over. it is sort of a game of chicken between the two bodies. the senate doesn't like the -- the senate democrats especially do not like the spending bill that the house republicans sent over, and they're essentially saying that they're going to kill it and dare some kind of a government shutdown. hard to believe we're talking about a government shutdown again, already, but we are. the house has gone into recess for a week. lots of arguing yet to come. we'll try to cover it as best we can and we'll be back a

"fox & friends" being touched by some victoria secret angels this morning. aaronb. very nice. these are both victoria secret angels. meanwhile, let's check in with martha mccallum who is joining us right now. listen, hemmer called, he wants to know if camera girls are available to do your show in 12 minutes? >> that isn't nice! i got to follow those angels. all right. thank you very much, steve doocy, for that lovely introduction. bill hemmer and i, i will be here, we've got a big show coming up. we'll talk about who the real winner was last night in the gop race and it may not be who you think it was. and then the president has his work carved out for him tonight. we have seen this jobs number, we're getting new information and now on how much his plan will cost and where they really are likely to get that money from. very interesting coming up right here. we'll see you, me, and bill, top of the hour. ♪ okay, so who ordered the cereal that can help lower cholesterol and who ordered the yummy cereal? yummy. that's yours. lower cholesterol. lower cholesterol. i'm y