take a look and listen. ♪ united, united you broke my taylor guitar ♪ ♪ united, united some big help ou should fix it ♪ ♪ you're liable just admit it ♪ ♪ i should have flown with someone else ♪ ♪ or gone by car 'cause united breaks guitars ♪ >> it's the sombrero that gets you. he's for the disgruntled person. >> united responded to that. >> they've got their statement. >> on twitter, no less opinion. >> did they? >> yeah. it was on twitter. >> this has struck a chord with us. and we've contacted him directly to make it right. get it? there's a play on it. chord. >> they say they want to use his song as a training video for his customer sales people. >> have you been wronged like this? anybody break any of your stuff? >> i can remember onetime. at the carousel, my bag comes out. and it's like a chunk had been taken out. and my underwear was hanging out. and they put it on the carousel. why didn't they just bring it to the side? >> was that your best underwear? >> that was during my granny stage. >> that's terrible. >> it happens. i still wear it. nobody cares. see ya. >>> coming up o "

united united ♪ some big help you are ♪ you broke it you should fix it ♪ ♪ just admit it ♪ i should have flown with someone else or gone by car ♪ ♪ because united♪ >> well, david carroll's united breaks guitars is now the most popular video on youtube. he posted it on monday and has already been viewed a half million times and even received a response from, you guessed it, united. a spokeswoman for the airline told them this has struck a chord with us and we have contacted him directly to make it right but he says the damage has been done and he has paid for the repairs. his message to united now, no hard feelings. >> but they could give him the money. >> i'm sure they wouldn't mind it. >> i'm sure he wouldn't. >>> a struggling nationals rookie tries to turn things around. >>> and plus we will show you whether team usa walked away with a win coming up in sports. 55 degrees. you are watching 9 news now. fios guy! where ya headed? ah, just installed fios in the whole building. now everyone has the fastest upload speeds. and we're giving them a mini netbook. well, i'm sticking with cable. so's ted. (voice) no i'm not! he's just goofing. (voice) no

. & united, united ♪ ♪ you broke my taylor guitar ♪ ♪ >> reporter: that is musician dave carroll airing his gripe with uniteds and the video has gone viral. he claims united baggage handlers damaged his $3,500 guitar and don't do anything to replace it. lindsey mastis asks travelers here to share their luggage stories ♪ [ music ] >> the song travelers can relate to. & you broke it you should fix it ♪ [ music ] >> he has gotten a million hit hits on youtube in less than four days and it is easy to guess why it is so popular. >> it is frustrating. we have had lost luggage and damaged luggage. >> reporter: when people drop off their luggage it looks fine but by the time it comes out on the conveyer belt it looks like it has been put through a shredder. >> the case was ripped. >> reporter: others have had things stolen. >> somewhere there's an airline employee with some very nice waterford champagne flutes, that are now 20 years old. >> reporter: and many travelers have had to come up with creative ways to wear the same clothes and the same underwear for days at a time. >> you know, wash them in the sink, use re

in fact, jp morgan saying recently that these new credit card rules could cost one of its unit units up to 700 million next year. >> the rules don't come into play until 2010, we can see they are changing some of the rules in advance of the new regulations coming in the first quarter of next year. there's the phone number behind us. or comments@firstbusinessx.com. >>> some big dow components reporting earnings in the new week. and we'll look at the charts coming up. dn >> focus may be on the dow this week. there's some big dow components reporting earnings this week just as the dow was trying to break above a recent high set back this june. >> when you look at the six-month chart of the diamonds for the industrial average, you want to say this thing looks kind of positive. we've seen a big rebound since the march lows in the mid 60's. now here yet again at the levels that we saw back in early june, the market topped out on, but we've seen higher highs and lower lows at least until this past week. >> that is a pretty stiff resistance line there. tom, i can't stop talking about this vo

one man said united airlines snatched his guitar, and then the airlines refused to pay for the damage -- smashed his guitar. >> ♪ unitas', you broke my favorite guitar -- united unitedyou are you are liable just admit it i should have gone by car because united breaks guitars ♪ greta: that is your las

♪ united ♪ you broke my taylor guitar ♪ ♪ united ♪ united you are rick: the video has been viewed more than a half a million times already. carroll spoke to fox earlier today on the phone about the revenge he has taken on united airlines. listen. >> this is a type of publicity i'm sure they weren't happy to receive. i know i'm getting so many emails in my inbox and i read the comments that i think they are bearing the brunt of not only what they did but what all their lines have done to people around the world forever. rick: here you come. you knew it was. it's catching wind of the video united has changed its tune. the airline says: rick: all right. updating some of our top stories tonight. police in illinois now say as many as 300 bodies may have been dug from their graves and dumped elsewhere. so, plots at historic black cemetery could be resold. four cemetery workers are now in custody. and on this day in 1972, pop singer david bowy unveiling one of the most eye catching, alter egos in entertainment history when he first performed as zig

. ♪ united you broke my taylor guitar ♪ ♪ united united some big help you are ♪ ♪ you broke it you shoulde just admit it >> david, i don't really get the sombrero rows but we'll save that for another time. my question, why write a song? why mott sue or take the fight further? >> it occurred to me that i have certain skills and there are things that i do. suing isn't an option. i'm not a lawyer. i was tired of fighting. i don't really like confrontation in that way. so i thought, if i were -- if michael moore were a singer song writers, what would he do? the answer to me came in the form of three songs. >> well, this first song was a huge hit. 3.2 million hits so far just this week. are you surprised by how popular this has become? >> i'm shocked at the numbers but i'm even more shocked at the enthusiasm behind it. this song has now been rated and so many comments and it's the highest rated music download video of all time on youtube. no one could have predicted that at all. >> united did finally offer to pay you your money back. you said why don't you give that money to charity but they i

united states. it wants concrete support from the united states and it has been very clear it does one military hardware and perhaps even police officers along the borders of the two disputed regions. i think at the moment, what one can say about what america is offering is just words. and at this stage words are not very much in the line of guarantee action. >> that is the point. president obama and vice- president joe biden is not president george bush. >> that's right, george bush came here in 2005, to tbilisi. he declared georgette a beacon of liberty. i think many georgians never really forgotten that. that is why saakashvili, the president, is trying to make sure that he capitalizes on the american support he is getting now. although it is not barack obama, it is, nevertheless, extremely important for georgia to try to make the most of every bit of support it can get from the unitedtes. but that said, i think joe biden has been clear that any support it does offer will come at a price, and that is further democratization. georgia is seen as a fledgling democracy by many and i think the united states wants to see further electorial reforms, electoral and judicial reforms that america feels as not been acted on in enough capacity as yet. >> we will see what the georgians get out of him. thank you so much. you see the live pictures now and any moment now he will be arriving. you can follow what online, bbc.com/news. let us take a look at the rest of the main news. swapping insult -- u.s. secretary of state hillary clinton and north korea have been exchanging strong words. of the north called for a primary school girl, because she likens the regime of penang as a child but ending attention bitchy is attending the summit in thailand. >> the united states and its allies and partners cannot accept a north korea that tries to maintain nuclear weapons, to launch ballistic

united united ♪ ♪ you broke my guitar. >> reporter: it is called breaks guitar and the song has gone viral. the musician david carroll says his $3,500 guitar was damaged by baggage handlers and the airline didn't apologize or do anything to replace it. as lindsey mastis says plenty of local travelers can relate to his plight ♪ [ music ] >> the song travelers can relate to. >> you broke it you should fix it ♪ ♪ >> reporter: it has gotten more than a million hits on youtube in less than four days and it is easy to guess why it is so popular. >> it is frustrating. we have had lost luggage and damaged luggage. >> reporter: when people drop off their luggage it looks fine but by the time it comes out on the conveyer belt it looks like it has come through a shredder. >> it was ripped. >> others have had things stolen. >> somewhere there is an airline employee with some very nice waterford champagne flutes that are now 20 years old. >> reporter: and many have had to come up with creative ways to wear the same clothes and same underwear for days at a time. >> you know, washing them in the sink, use regular soap, hung them on the shower line. it wasn't ideal but got the job done ♪ [ music ] >> reporter: an airlines aren't always helpful. that's why dave carroll ended up writing the song. >> i put it all behind me and i really have no hard feelings at unitto have a fun experience with this. >> reporter: in washington, lindsey mastis 9 news now and wusa9.com. >>> looks like it is working out for him. you can find the video on wusa9.com. just click on lindsey's story. >>> authorities say four former cemetery employees accused of digging up bodies and reselling plots at a black cemetery near chicago made $300,000 in this scheme which they believe dates back four years. police say those remains were dumped in a vacant portion of a cemetery. others were dumped in graves already occupied. that cemetery is the burial place for emmitt till. while his gravesite was not disturbed, police say investigators found his original casket rusting in a sack. >>> a followup to a story that is raising a lot of questions. it volumes a -- it involves a valley club, a private swim club outside of philadelphia and the members are accused of racial diel discrimination. it happened on june 29th when 65 children from the creative staff kids camp visited. after one

united nascent -- united nations assistance mission. outside the cities, u.s. forces will continue to conduct a full spectrum operations by and through our iraqi force partners. our efforts will establish a layer of defense as iraqis secure the cities. we will secure the belts and borders in an attempt to eliminate safe havens and sanctuaries and to limit freedom of movement of insurgents and prevent the facilitation of foreign fighters through the borders. the u.s. is committed to full transparent, and continued implementation of the security agreement in the spirit of partnership with the sovereign nation of iraq. the iraqi people should be very proud of the dedication, progress, and sacrifice of the iraqi security forces and the government of iraq. their accomplishments are commendable. the american people should also with very proud as well of the shoulders, sailors, airmen, marines, and coast guard, and civilians who have worked so hard over the past years tiresomely to sacrifice so much in helping the people of iraq progress toward a peaceful and democratic society. with that, i am happy to take your questions. >> you talked about a small number of u.s. forces remaining in the area. can you put a figure of how many u.s. forces will remain there? >> people have been trying to get me say figure for about a month. the reason i will not do it is because it is going to be different every single day. it will be based on how much training, advising, how much coordination is required. that will change every day. i will put the i will not put a number on it. it is a smaller number than what we have had in the cities now. it has very specific missions. it has trained security iraqi forces to enable them to come if they need help with aviation, coordinate and help us continue our situational awareness of all situations within iraq. that will help us to better support the iraqi security forces. >> just to follow up. i am disappointed he did not give us [unintelligible] can you of these give us -- it is a few thousand? can give is a ballpark? are we talking about several thousand? is that reasonable? >> again, there are hundreds of cities around. we have hundreds of, you know, for me to give a number -- it would be inaccurate. i do not want to do it. there will be trainers helping throughout all of the iraqi cities where we continue to support and advised iraqi citizens. >> whatever the number is, how are you going to convince them not to jump in and be helpful where perhaps you would prefer them to have the rockies -- have the iraqis take the lead? would in their first and sing be, we can do that better? >> we are working on changing their mind set. i equated to when we first started the search. we had to change your mind said to pushing our soldiers back out in getting into the communities, really parting with the security forces. today it is the same kind. we have detained a mindset. we are in the cities, there are specific things we can do. we have been out to the cities now for the last eight months. it is really only modal and the last remnants in bad debts that have been helping out over the last few weeks. we have been -- and baghdad that have been helping out over the last few weeks. they understand their mission. they understand what we expect them to do. we have more to this very closely with all the leaders in iraq. i have worked very closely with the minister of defense, and the operation's commanders, the operational commanders, in order to work this out. i feel very comfortable with where we are at. >> you are reluctant to talk about how many trainers and mentors are in the city. it raises the question of whether or not this is just a show or not, whether this is just semantic. you want shoulders with guns in the cities. you call them what you want. how different is what we sell to two or three years ago -- weeks ago? what is this? is this a show for the american people? >> i would say you did not listen to what i said. what i just said was, having the italians and a great inside of cities is different than having trainer, and valiantadvisers. we are offering run the belts in baghdad. i have been very clear about this. we had to search forces. we had to the people in the city. we had to live in a safe haven center where. it is the same thing. the iraqis will take responsibility in the cities. we will do full spectrum operations outside the cities to work the safe haven and sanctuaries around the cities. we will continue to do that. it is legitimate operations that we will continue to conduct. in baghdad, you would know there is a significant change. there are thousands of soldiers that have pulled out of baghdad. there have not been any soldiers in the cities in southern iraq, rahm body, there have not been any soldiers in fallujah . we have been executing this very well. you would see for yourself. there is a significant change. >> if you are going to be so transparent, why cannot tell tommy trainers or mentors are in the city? >> it would be inaccurate. i do not know exactly how many are in the city. it varies day today based on the mission. >> you must have a ballpark. >> how many times you want me to say that? i do not know. what i'm telling you is training and advising teams that we made in baghdad. it will be different every single day. we have worked three closely locally with the commanders to figure this out. it'll be different tomorrow than it is today. that is why i do not want to say no.. it will be inaccurate. if i say no. today, it will be different tomorrow and the next day. it is significantly lower than it has been so far. >> all right, general. right now there are 101 u.s. people in iraq. in august, it is going to be between 15 and 35,000. can you talk about how is this going to work, a time line, from 131? >> what i would say first is it has gone down. vader nine months ago, we were at about 165,000. we have with john about 35,000 soldiers in the past eight months. we will do this through the end of the year. it will be not as many. it will slowly drawn down. i have been given flexibility by my chain of command to make decisions based on the situation on the ground. you want to make sure you have enough forces on the ground to shore would elections -- to assure good elections. we will see a bit of a drawdown between now and then. i have points that i established that will make some decisions for the end of the year. i will make further decisions after the election. i expect you'll see a significant drawdown of soldiers between march and april of next year and september. >> when he is a significant, i hate to say this, can you quantify that at all? >> we are going to get down to the thousand people by the end of september. i think that is what -- 50,000 people by the end of september. i think that is what you were asking. >> when it to win? -- when to when? >> again, i several decision points. i will make those as we go forward. we have 131,000 on the ground. there will be some left between now and december. probably i expect we will be around 120,000 by december. that could change, because i have some flexibility based on how things go here on the ground. then what i expect is between, after the elections are over, we will reduce our presence further, probably going somewhere between 115,000 down to 50,000. >> can you give us your latest assessment of iranian influence in iraq? training, funding, weapons, have you seen any change in that streak processing in a run? >> we continue to still see training going on inside of a run. we still see weapons moving from iran into iraq. we have not seen any adjustments made sense the problem with the elections in iran. they are maintaining themselves in a steady state. >> you have a sense that the iranians are positioning themselves for further action? there is the dramatic instances over past years. what appears to be the running game plan? >> -- to be the i iranian game plan? >> what we have seen is a bit of a slowdown of support. i would like to say that has to do with the pressure that we have put on. we have made it difficult. we have been able to go actor and reconcile with some of the groups said they initially were supporting. we unable to go after some of the sarah gets. i think that has contributed. they realize that in february of this year that some of their strategy was failing. they fought against the security agreement. it was signed. the candidates that they were looking for support did not do well. following that, they have done a bit of review of their strategy. however, they are still training and providing some weapons. i believe they might also be tried to do more sought influence in iraq as well. >> what kind of concerns to you have regarding the situation in the north? there is the al qaeda presence, the central government in baghdad? >> one of the problems are the arab tensions. what we have seen is that we do have a un process that has begun. if they have had several meetings already between the kurdish government in the government of iraq. they have been trying to go through this disputed territory. that is a positive step forward. that is being led by the united nations here. we think that has some potential. in the meantime, we are trying to continue to make sure they understand that they solve their problems through negotiation, not to the use of violence. we have stayed in contact with all parties to ensure that tensions do not rise. we spend quite a bit of time on that. i still believe that al qaeda has been significantly degraded here in iraq. as we have seen, over the last few weeks, and they are capable of attacks. there are attacks -- there is one of the casa -- one up in kaza -- they are not been in -- they went to some stock places in iraq. that will backfire over them in time. the iraqi citizens have really raised their intentions. al qaeda continues to kill innocent people for no apparent reason. this is just to it and to incite more violence. what has been positive about this is the iraqi people have not moved to any type of retaliation. we have not seen any movement toward secretary in the strike between any groups. government l

we will also support civil capacity efforts led by the embassy, baghdad, and the united nascent -- united nations assistance mission. outside the cities, u.s. forces will continue to conduct a full spectrum operations by and through our iraqi force partners. our efforts will establish a layer of defense as iraqis secure the cities. we will secure the belts and borders in an attempt to eliminate safe havens and sanctuaries and to limit freedom of movement of insurgents and prevent the facilitation of foreign fighters through the borders. the u.s. is committed to full transparent, and continued implementation of the security agreement in the spirit of partnership with the sovereign nation of iraq. the iraqi people should be very proud of the dedication, progress, and sacrifice of the iraqi security forces and the government of iraq. their accomplishments are commendable. the american people should also with very proud as well of the shoulders, sailors, airmen, marines, and coast guard, and civilians who have worked so hard over the past years tiresomely to sacrifice so much in helping the p

united states united states. that's where we are headed, juan. >> hey, don't bankrupt the united states, protect the united statest the american family, you say two or three years, it's been generations. you know, over the last. bill: we have got to do it when we can do it. i want to give mary katharine the last words. go. >> american families are turning against this plan. bill: that's right. >> he is under auto% on health care right now. the reason is because they are seeing the huge numbers from the c.b.o. he should run for office. bill: that's the congressional budget office w.b.o. >> and the mayo clinic doesn't like it. these are real stories coming out. not responding to them. bill: they are being told. >> american families know that the cost is the problem but we don't hear those stories. everybody is bibusy attacking obama like senator demint saying this is going to be his waterloo. this will sink him. that's wrong. bill: should america explore mars? there is raging debate over that the head of the black chamber of commerce let's senator boxer have it. >> i take offense to that. >> offense at the fact tha

united states and the united states might consist of no more than nine or ten states. in fact, if it was that small and that vulnerable and that hamdan, the chances of the united states remaining an independent country for very long worst flem to say the least. so the british turn towards conquering the self in 1778 and it is that the point that they have really began to raise an arm provincial units, or units composed of loyalists. the idea in fact was that the british regulars would come in and conquered the continental army, flush the continental army out of the southern states, with the help of the loyalists and then the loyalists would be loved to pacify that area. and a actually succeeded in doing that in georgia. georgia was the first colony or state to be invaded by britain. just after christmas of 1778, said than that was taken and the british reinstated the royal governor of virginia and a loyalists legislature was elected that repeal of the legislation that had been passed by the revolutionaries state assembly since 1776. it was the only state in which something like that happened. and, 18 months later, the british invaded south carolina and, curd charleston in may

united states. and the united states might consist of no more than nine or 10 states. in fact, if it was about small and that vulnerable and at hand in, the chances of the united states remaining an independent country for very long were slim, to say the least. so the british turned toward conquering the south in 1778. it's at that point that they really began to raise an arm provincial units, or units composed of loyalists. the idea, in fact, was at the british regulars would come in and conquer the continental army, flush the continental army out of the southern states with the help of the loyalists. and end of oil is would be left to pacify that area. and they actually succeeded in doing that and georgia. georgia was the first colony or state to be invaded by britain, just after christmas of 1778. savanna was taken, and the british reinstated the royal governor of virginia, and a loyalist legislature was elected that repealed all of the legislation that had been passed by the revolutionaries state assembly sense of 1776. it was the only state in which something like that happened. and 18 months later, the british invaded south carolina and conquer charlestown in may of 1780

united in isolating those actions. that we're taking all the steps we need to to address any of this possible actions. united front that unit -- international committee has put up insuring that proliferation of weapons and materials from north korea to other countries does not take place are all very positive signs as it relates to north korea. >> more on judge sotomayor year. -- judge sotomayor. policeman, firemen, teachers -- this is not how it was described before congress. can you talk about the layoffs of these three employees? >> there are aspects of the recovery plan that help state and local governments hire or retained police officer. there is it education money to hire and retain teachers. -- to higher andre and reatain . there were aspects of that recovery plans to ensure that took place. >> [unintelligible] >> i think the president was declaring the fact that we're seeing an increase in construction projects, 1900. we're seeing an increase in the amounts of money that is going out. we're seeing an increase in spending that goes directly to state governments, of cushions the very blood that we are talking about a

united states. >> what the hell? really enunciating. play that one more time. >> ladies and gentlemen, the president of the united states. >> the president of the united states. think they finally found the lightest man in the found. the president needs to find his flavor flav. that won't do. after that rousing introduction, the president kept it short and sweet. >> ladies and gentlemen, the president of the united states. >> good evening. please be seated. i have great health insurance. thank you, everybody. [ laughter ] >> that was that. went in the back and -- joe biden filled the other 59 minutes making balloon animals. some sad news today. i don't want to bring you today. the loss of yet another beloved entertainer. amazing how much is happening lately. the great gidget passed away, and gidget was best known as the taco bell chihuahua. she died last night. guillermo, by the way, thank you for coming in on this national day -- did you want to say -- [ laughter ] maybe you want to say -- a word or two about gidget? did you want to say anything about her? >> i hope she goes to heaven. >> as you might expect, the loss of gidget has hit the chihuahua communit

united states by airplane, but if i took an airplane then maybe i would not have been able to write this thesis at a time when traveled to the united states by boat, and it took more than one month to travel to the united states by a ship. those who do not have the experience of traveling by boat, you might think it's going to be a great experience, but for all this it was quite boring. and every day i was sitting on the deck -- i was sitting on the deck thinking about my visas except for the time for my sleep. i was thinking about knowledge i have acquired, and my ideas on the composite structure of the shell of the earth. every day i was watching the way of this and the tides in the ocean. and all of a sudden it came upon me that why the waves were not moving directly up and down and on till the waves were moving in curves, and based on my knowledge on dynamics and related theory i came to realize everything in nature is moving in the most efficient way and the waves in the ocean, their patterns of movement from the perspective dynamic pherae that was most cost-efficient and save energy. therefore, he thought the plan that must have been constructed in the most efficient way and the movement of the e

united has a code share with u.s. airways so if it is united try book it on u.s. airways and still use the credit card. if you want to go to germany, use lufthansa and fly 100% on unitede same thing, canada, if united flies there, air canada has a coach there, book it on air canada and let united sit out there and if all else fails use their website. that's all what it comes down to. >> tom, these are great tips. it seems to me the airlines are just kind of trying to nickel and dime their way back to profitability. is that a strategy that's going to work? does it alienate customers or do they have to do it because they're going out of business? maybe they have to do it. >> i think the problem is united doesn't like competition. it's not the travel agents running them out of business. 'the low-cost airlines, they can fly american and maybe make a profit. it's not unusual for me to have a contract that says i must do something but i usually have it to where i can use the credit card. there are some deals, we have an unbelievable deal with one airline if i can sell florida, chicago, pittsburgh, $68 through december but i must use their website. you know what? i'll use th

enough profitso owning united parcelr united technologies, but not enough to own united airlines. th may not be a recipe f dow 10,000, but it sure isn't donner partycookbook for dow 6300 either. where do i see stocks going? i think we're home o the nge. low end -- highdow 7000 high end, high 8000. no ler because even with the job growth we have taken the catastrophe of the great depressi two off the table thanks to fed chairn ben bernanke and his heroic efforts to pump money into the syem. no higher than upper 8000 because, unless we get a second stulus, which we absoluly ed, then neither the market nor the economyill be able to catch fire. e fed will smolder along hap continue with the gigantic reliance on thestrength of the catalist eroding, desent cracking down mmunists in china. they are ti-first amendment, to say nothing of the four, the fifth, t six t, or the eighsomething i totally identify with although i'm not sure many of you agree with me. given the situation, i think it's ey to be blish on the way down for defens and high yielders like a ce or a lilly, not to menon the

united stat in terms of investment. they would like u.s. military backup to be there but for it to be unseen unless they decide they needed and asked for it. the united states would like iraq to once and for all solve the sectarian differences that have kept them from making real economic and political progress. they're worried about the elections upcoming in january. >>> late this afternoon mr. obama and prime minister maliki appeared together after their white house meeting. >> now we're in the midst of a full transition. to a comprehensive partnership between united states and iraq based on mutual respect. and it is a top priority of my administration. >> i have discussed today with president obama about ways to activate the strategic relation on the economic front, cultural front, educational front, commercial front and in every possible area where the united states can play a role in supporting the iraqi government and the efforts of the iraqi government to build a state of law, a state based on constitution and federalism. >> we wanted to go a little deeper tonight on iraqi/american relations so we are joined from washington by joost hiltermann. he is with the international crisis group. thanks very much for being with us. >> thank you. >> it's been several weeks now of course, since all u.s. troops in iraq pulled out of the cities and moved to their bases in the countryside. what has the affect been for security in that country? >> i think on the security front we don't see a huge difference because american troops were not really present in

that point, there's no constitutional issue having been brought to the united states and being in the united states that the unitedstates could hold them indefinitely in the event that we couldn't find a place to send them. that there is no constitutional issue, no constitutional right for that detainee to be released after a period of time. do you agree with that? >> make sure i understand the senator's question. would there be a constitutional claim by someone in the united states having served his sentence, for example, with the existing immigration laws that allow us to hold an individual who is deportable? >> if it's a foreign national, i don't believe -- if it's a foreign national, i don't believe the individual would have a credible claim that he cannot be detained under the alien removal statute. the boundaries of how long that detention can take place may be questionable. >> do you agree with that, ms. pearlstein? >> i agree that it's an open question. you know, without any legal authority, to continue to detain somebody, they just need to be deported and we have no place to send them. could we continue t

. >> a swat unit, contain nine units on the scene. attempting to communicate with individuals inside of the house, but at this point, no one has come out. and we are pretty much at a standoff. >> after more than five hours, police stormed the house and did not find anybody inside. suspect is still on the run tonight. >> the trial of a dc woman accused of killing her four daughters goes on as planned. lawyers for banita jacks asked for more time but a judge denied the request. the girl's bodies discovered back in january of 2008. when police came to serve an eviction notice. police said they had been dead for months. >> workers forced to evacuate a courthouse after a carbon monoxide scare. courthouse east on calvert street evacuated for a few hours around 9:00 this morning. employees smelled gas fumes and felt light-headed. fire department found carbon monoxide coming from a fork lift in the garage with low levels of the gas inside the building. everybody was okay. >> residents in baltimore county are also forced from their homes earli

united states and you support al qaeda's goals. but al qaeda's goals are much more expensive than simply attacking the united states. it is also positive review possible you the share many of al qaeda's other goals but reject a tax on the united states. then there are those people who do not share the views of al qaeda and also oppose a tax on the united states. -- oppose attacks on united states. in the nwfp, contradictory to some of the findings we found in the other slides, and that a more likely to support attacking the u.s. and more like to share the attitudes of al qaeda towards the u.s.. belujistan opposed the tax of americans -- oppose the attacks of americans. the violence that al qaeda seeks to perpetrate on the americans. turning to osama bin laden, over the years, when you see polls on pakistanis and their views and, it is difficult to get a solid trend line on what date think about bin laden. you see really interesting interprovincial variations. a slight majority in nwfp have a positive attitude, but there is considerable ambivalence. in the punjab you actually see the least level of active support or belief that bin laden is an ok guy. along with belujistan, you see the largest number of people within explicitl

units, canine units on the scene. we are attempting to communicate with individuals inside of the house. but at this point, no one has come out and we are pretty much at a standoff. >> about after about five hours it ended. police went inside and they found no one. investigators don't have a motive in the shooting. and are trying to determine exactly how it happened. someone close to the investigation tells us, witherspoon and a female were standing in the alley when a gunman simply walked up and opened fire on witherspoon. neighbors say it can be a troubled, unsafe place to live. >> people are afraid. they are not get to get involved like that. they want to. but they have community associations but so much they can do. >> tonight we have learned that detectives are questioning some individuals that may have information that could lead to an arrest. live now in baltimore city police headquarters. keith daniels, fox 45 news at 10:00. >> a man was shot on a basketball court in north baltimore earlier tonight. happened around 7:15 at old york road and dunbar avenue. homicide detectives called to the scene, at last word, the victim was still alive. >> meanwhile, a man is found fatally shot in northeast baltimore. happened about 4:00 this morning in the 1300 block of cedarcroft road. man shot in the head. police are not releasing the name at this time. >> anne arundel county police shoot a man threatening to hit an officer with a chair. officials from anne arundel medical center asked police to go to the man in the 1000 block of deep creek road to check on the condition of his wife, she had been treated at the hospital recently. 50-year-old man became belligerent and told officers to leave. and raised a chair over the heads to hit one of the officers. >> during that assault officers employed pepper spray to subdue him and a taser to subdue him. he was able to continue to fight. >> man was taken to shock trauma with serious injuries and expected to survive. he is facing several charges. >> autopsy results in the body of an elderly woman found in a freezer in anne arundel county will hopefully reveal more about her death. police were called to 83-year-old doris cook's glen burnie apartment friday night. she had been bedridden following a heart attack several years ago. >> she was a good woman. i mean, you could not ask for a better person. she would do anything for anybody. >> police say cook died several weeks before, she was put in the freezer. two of cook's family members lived with her. so far, no one has been charge. >> it looks like speed cameras are coming soon to the city of baltimore, tonight the controversial plan passed another road block in city hall. melinda roeder was at the council meeting tonight and standing by live in northwest baltimore to explain. >> well, the speed cameras would mainly target road construction areas, and school zones. where some say speeding in areas like here at medicine field heights elementary is a problem. if you are caught going too fast in the future, you could learn a very costly less zone. the fine would be a $40 ticket. tonight, the speed camera bill passed a second reading among council members with some debate. and some restrictions. >> very limited bill, the state law restricts how the cameras can be put up. but what this allows us to do is put up speed cameras in the city, within one half mile radius of any school or construction site. >> now, even putting the speed cameras in just those areas, would still add up to cover about 80 percent of the city. and some council members say that's going a bit too far. now, there would be some restrictions. they would only be enforced during certain hours. and not on the weekends when school is not in session. a assuming that the speed camera bill is passed next month, it could take effect as early as october. live tonight in northwest baltimore. melinda roeder, fox 45 news at 10:00. >> major change to trash pickup in baltimore city has many residents upset. beginning today trash is collected once a week, not twice. recycleabless will picked up one day a week. trash collection will be tuesday through friday. now your pickup day depends on where you live. >> it is going to require us to put more trash in the backyards. or in certain places which will lead to varments and other things in the trash. >> there will only be rats you are feeding them by is not storing trash properly. >> expected to save the city $7 million. find out when your new trash and recyclable days are by logging onto our website foxbaltimore.com and click on "news links". . >> first on fox tonight. a baltimore councilman wants answers after learning that information about see vehicles and crashes is kept secret. fox 45 investigative voice investigation. >> you know, i am a bit troubled. >> baltimore councilman william cole is ready to take action after learning a freedom of information request submitted by fox 45 to the city, seeking information on crashes involving city vehicles, was denied. >> who are we protecting here? are we protecting the taxpayers and the city or protecting employees. >> we have learned since 2008 the city's body shop has handled 2600 repair orders. costing taxpayers, more than $3 million to repair the city's fleet. that's already on top of the more than $334,000 the city spent fueling 246 take home cars just last year. and when we asked the city for a copy of accident reports, involving those taxpayer funded take hobble home vehicles, we received this, two page letter, denying our request to inspect the city's records. >> the taxpayers of the city are funding this government. and they have a right to know that their dollars are spent effectively. >> according to a city attorney, documents are covered by attorney-client privilege. and are considered confidential. >> but not providing the information to me is troubling, i think, there is probably a way to respond to the media request, without hiding behind attorney-client privilege. >> the city's rejection is not sitting well either with la gold. >> i don't think this is a -- this is typical bureaucracy. it is a way around the freedom of information act. >> he is the president of the harbor league. non-partisan group seeking government transparency. >> when you have information like this, just that their concerns make a department or a city or a county or state look bad. hide behind legal department. it is wrong. >> redact the names or information that should not be out there in the public domain. and allow us to take a look at it. >> frustrated with the legal department's denial of our freedom of information request. councilman cole plans to ask for a hearing, at the city's judiciary and legislative investigations committee. he wants answers from george nielsen and a look into city crashes. >> i pay high property taxes, and i struggle to live in baltimore like everybody else does. and i want to know that my tax dollars are being spent prudently. >> a date for a city hearing on the issue has not been set. a earlier investigation revealed police paid out close to $400,000 on damaged rental cars. to read more about the story, go to foxbaltimore.com and click on investigative voice. >> workers evacuate a baltimore city courthouse earlier today. courthouse east on calvert street was evacuated around 9 a.m. for a few hours. some employees smelled gas fumes and felt light-headed. fire department found carbon monoxide coming from a fork level in the garage. and low levels in the building as well. no one was taken to the hospital. >> another warm summer day in baltimore. no complaining. >> no. vytas reid is here to let us know if it will continue. >> great day tomorrow. more sunshine. and temperatures go up more as we get down the road here. same temperatures bump into the lower 90s. now the humidity levels were lower out there today. so it did not feel uncomfortable. but nonetheless, clear skies around baltimore. zoom out the picture on hd radar. down towards fredericksberg and virginia. there are thunderstorms rumbling there but it should continue to head to the south. clear conditions tonight for us here in baltimore. 79 in baltimore. 78 in d.c. 72 in hagerstown. and it looks like overnight tonight, down to about 64. through the overnight, 65 by morning commute. plenty of sunshine. take the sunglasses with you. you will need them for the afternoon hours tomorrow. plenty of sunshine with the temperatures in the lower, mid 80s. it will be a fabulous day tomorrow. and tell you about the heat that will be joining us mid week coming up in the seven-day forecast. >> all right. vytas, thank you. you can be in charge of your own personalized weather forecast. i-radar is available at foxbaltimore.com. just use the interactive tools to track coming storms down to your street. go to foxbaltimore.com and click on i-radar. >> how to pay for universal health care? next on fox 45 news at 10:00. who some democrats want to pick up the tab. >> throughout my 17 years on the bench, i have witnessed the human consequences of my decisions. >> obama's pick for the supreme court on the hot seat today. why republicans are not so sure she is right for the job. >> how the alumni at towson catholic trying to save the school drowning in debt and crossing. >> you are allowing your children to be exposed to that. they will be influenced. >> the nation's gang problem is worse than you might think. how the computer is now putting your teenager at-risk. later on tonight's cover story. stay with us. ♪ ♪ i always feel like (announcer) it's right here, it's easy... ♪ somebody's watching me. ...it's the money you could be saving wh h geico. ♪ who's watching? ♪ tell me who's watching. ufuffled music right here, it's easy... ♪ i always feel lik somebody's watchg g me. ♪ it's the money you could be saving with geico. >> opening day of confirmation hearings for sonia sotomayor. president obama's pick for the nation's highest court. on the first day on the hot seat she highlighted her personal story. from humble beginnings to a lawyer. and federal district court judge. sotomayor also seemed to be directly answering concerns raised by republicans that say she might let her emotions and opinions drive her rulings. >> my personal and professional experiences help me to listen and understand, with the law always commanding the result in every case. >> if she is confirmed the 55-year-old would be the third woman and the first hispanic on the high court. >> you can see more of judge sotomayor's opening statements by logging onto foxbaltimore.com and clicking on "raw news". >> you have not heard the last of the chaneys yet. tomorrow's big story tonight. the washington times is working on a story that the 44-year-old daughter of the former vice-president is considering running for office. but, liz chaney has not said what office she would pursue. >> that's not a very big surprise. she has been extremely active in politics for a long time. she was a senior official in the bush administration's state department. and has also been quite outspoken as a defender of the bush administration foreign policy. >> also in the washington times tomorrow, why presidential trip to russia, italy, and africa accomplished much less than what the white house had hoped. >> an exclusive interview with a maryland woman on an upriseing in western china. you can read these stories and more by going to foxbaltimore.com and clicking on the washington times icon. >> some house democrats tonight want what they call wealthy americans to fund president obama's plan for universal health care. but some doctors say there are other problems that need addressing first. john rydell explains. >> quality health care for many americans is a luxury. for millions of others, it is still elusive. congress is struggling to find a way to create universal health care and how to pay for it. some house democrats want wealthy americans to pick up the tab. one idea calls for a surtax for individuals earning $280,000 a year. and couples earning more than $350,000 a year. but senator mikulski is voicing reservations. >> before we start with the t word, in taxes, i want to start with the q word, in improving quality. >> this piece would save more lives than virtually any other medical discovery. >> during forum at johns hopkins hospital, mikulski is endorsing another plan to improve patient safety. it would expand a mandatory checklist for doctors and nurses, bodies before and after an operation. it is a move to reduce infections of patients in the operating room and intensive care unitte that we could save over $25 billion a year, and several hundreds -- over 100,000 lives. >> i mean, look, it is attractive to say, lets tax the rich. >> meantime former gubernatorial candidate opposes taxing the wealth. and chairs the group, maryland business for responsive government. >> small businesses are going to look at this, and say why should i put my money into health care for my employees. i will shift the burden to the government. so the unintended consequences are not good. >> and while lawmakers on capitol hill remain sharply divided over how to pay for universal health care, doctors here at johns hopkins say they are more preoccupied by insuring that all patients receive the better care possible. >> a country that has been $2.7 billion in health care ought to be able to have high quality care. >> the move doctors say will immediately benefit patients as public officials still debate thousand to best overall an entire system. in baltimore, john rydell, fox 45 news at 10:

united states, and the united states will fall behind in the world, unless we do a far better job than we have been doing of educating our sons and daughters. >>> well, it's the first time in our lives that a man, an american, has addressed the naacp who is african-american who is president of the united states. he has to speak for all of us, not just the national association for the advancement of colored people. i have both people here of color, and i want to know your feelings. i thought that speech had a turn in the road. it went from what you were saying, a standard democratic agenda, to something else. >> you know, when he went on with the can be i don't want to call it a diatribe, but health care, energy reform, that's not what we wanted to hear. it's not the naacp's mission, so he went to education, but he made a turn in the road and i think we'll hear a lot about it tomorrow. he basically said, look, the government is not your mother, the government is not your father, and as bill cosby says, the government doesn't love you. it is incumbent upon us to look upon ourselves, personal responsibility, what can we do as people to make things better. he did talk about the fact that basically you've heard people say if white americans have a cold, african-americans have the flu. he t

but looking at p & l here, the cdm afrnlths wcdma unit shipments is 127 to 132 million units. that's better than the high end of 111 units -- 111 million units that wall street was looking for. but the average selling price is going to be an issue here. $189. qualcomm had already lowered the asp from 196 to $191. and now we get the report today that it's actually $2 lower than that. that could be aaron for this company as well. another key metric, the msm chip sets. 88 million to 92 million units. 87 million to 92 million was what the street was anticipating. so we are seeing action in qualcomm shares on the lower side after a recent rally, and that's because this report going forward seems a little lighter than what investors were hoping for. maria, back to you. >> thanks very much. we'll continue following that and certainly give you another look at the stock chart, if anything develops. meanwhile, federal reserve chairman ben bernanke giving his second day of testimony today on capitol hill. today it was before the senate committee on banking, housing, and urban affairs. cnbc's steve liesman now with the highlights th

units sold for $550,000 back in 2005. last week, the same condos sold for $32,000 when an investment bond fought 51 heavily discounted units from the bankrupt builder. you're saying this was worth $1,100 a square foot? when it will worth that again? >> i don't think i will have will be alive? >> ever? >> i might seette worth -- see it worth $500 a square foot. >> it was a one of a kind deal, but the news is that prices are so falling so far that properties are beginning to move. the regent is one of nine bulk sales that have seen vulture funds scoop up hundreds of condos at 50 to 90%. last night we sat in on a seminar for first time home buyers and it sounded like what we he were -- what we heard during the boom. >> if you don't own a home, you need to buy one. >> we find carlos bergouignan. he doesn't need to be convinced. carlos is just grateful that he and his wife resisted buying during the boom. >> i have got to believe that you and your wife sit there and say something like, wow. who knew we were so smart? >> yeah who knew that procrastinating would pay off and it did. i again couldn't be happier about having stayed now. >> so now it's like you have had a -- got a second chance. >> yeah. now that the market is correcting itself to the prices they should be. it's definitely the time to get. in. >> others seem to share that view. after four years the real estate market showing early signs of recovery. at the height of the market in 2005, 21,000 homes were sold here. last year, just 9,000. this year, sales are on track to hit 12500. how much more time do you think it will be before we hit bottom here? >> i think we're looking at least the middle of next year, 2010. >> another year? >> oh, yeah. absolutely. >> that's jack mccabe, one of the leading housing analysts in florida. >> we talked about in 2005 that we were going to see blood in the streets in miami. that was when people were camming out to buy as many condos as they could and now it's pretty ugly. >> oh, 2005, when it seemed everyone wanted a piece of the action and condo flippers were making fortunes overnight. how quickly times change. take a look at icon bricknell. built in the heart of downtown miami at the tail end of the boom. this building is one of the legacies of the boom. how many unitsere? >> 1,600 condominium units and another 154 hotels. >> how many have closed? >> a total of 31 closings in the seven months since it has been finished. >> 31 out of 1,600? >> that's correct. >> it's empty? >> it's ghost town in the sky. >> but it's beginning to clear. just a bit. carlos bergouignan told us that just last week, he and his wife put in an offer on this home blocks from downtown miami. he's confident that at $330,000 he got a good deal. this is typical of what is selling, 86% of the homes and condos that have sold this year are going for under $350,000. >> what do you have here? >> this is a duplex. this is a two two on one side, one one on the other. >> so you're live in one and rent the other? >> correct. >> how does that cover your mortgage? >> it will clear a substantial portion, about half of it. >> if people say to you at the time, should i get in the miami market now, what's your answer? >> i would say, yes, absolutely. >> for first time homeowners absolutely. fo

unit that was fighting from afar than the one deployed and there was a lot of challenges. one was you have the fact of people at your 24/7, his unit was in a plane together and getting together which had that sense of team and also meant the have the decompression between intensity of, and when i get home. instead his unit was on a shift never once in the same place. they go in and 20 minutes later they are at home and have all the demands of home, the wife is mad at them because they relate for soccer practice, the kids are mad at them because you didn't show up to pta or sign this so his challenge is he found people were burning the candle at both ends of a stick. that was a challenge. the responsibilities put on them, they were in a peacetime base and so they had all of the administrative bureaucratic crap to deal with that someone deployed would not have to do even though his unit was running for seven and needed to be on a comment ainge. fuca this very challenging and i didn't have a structure to turn to. there are making it up along the way. he described how he wished that they would go the way sports teams to before playoff games, they may be at home but they go all live in a hotel together and trade together and families of this pushed aside. and he hoped they would do that, but the problem is t

unit were you with? >> yes, sir,, yes, sir. >> geraldo: what unit? >> with the uniteddo: ex-lend. do you think this was a robbery. we can't believe it was a robbery. people train for a month and don't know these people. get together and let's make a robbery, get ninja outfits and timing down perfectly, they think the red neck oceans 11 here and go and murder these people and you think this is just about the contents of the safe or that they were stealing money from the billings? >> no o, sir,, we do not. and again, we want to restate that is a motive that at this time in conjunction with our state attorney's office that we are basically going to speak about but i can assure you and the listening public that as this case progresses that are several more motives that will come forward and, of course, you are an attorney so you understand at this point we are in a pretty high stakes game of poker here as far as the amount of information we release from the state of florida. we have reciprocity laws. >> geraldo: sheriff, do you have -- i have never heard ever in my coverin

united states -- the party supported one. the united states was six and one in antitrust environmental cases which is a high success rate, even for the united states which enjoys more success in the supreme court than any other litigant. the business parties had a record of 3, 1, and one. the one at the end reflects that u.s. businesses on both sides, one of them the defendant' 1s -- at the defendant's 1 and the plaintiffs lost. if you take the view that a loss is a win for business, even though there was no business party in the case, you could say that businesses were 5-1-1. and if you take the view that any antitrust case business generally was aligned with the defendant in the case, you to take the view that businesses were 6-1 this term. however you do the arithmetic, it is fair to say that businesses did pretty well this past term in the three areas i am talking about. let me make one more observation. as most of you know, the supreme court rarely takes cases to engage in what is called error correction. there is not enough room on the docket to do that. it is not the way the court sees its role. the court is concerned with ensuring t

units, dive units from the baltimore county fire department and also the police department. now, after a very short time, rescue workers, divers were able to locate the body of the man. they brought it to the surface. he had been in the water for a little over 40 minutes when they attempted to resuscitate him, last we knew he was transpored to bayview hospital in cardiac arrest. the family here, of course, there was a small party going on in the rear yard off of bare creek where the man jumped into the water. the family members we were told went to bayview. baltimore crisis intervention team officers assisted with the family and right now it is not very much going on here but at this point we do not have any word on whether the man has died at the hospital. back to you on tv hill. >> thank you very much, captain mike reporting live. >>> now to the other big story that we are following tonight. new photos shed light on the relationship between former ravens star quarterback steve mcnair and his young girlfriend. more evidence is mountedding as coaches -- mounting as coaches, players and fans continue to react to his shocking death. mike schuh spent the day talking with fans and their reactions. let's go to adam may. >> reporter: we have a pretty good of where that gun came from. all the evidence so far points to a murder, suicide or it was staged to look like one. smiling pictures of steve mcnair and his 20-year-old girlfriend sahel kazemi on vacation, a team by the team tmz make it hard to imagine that the couple's relationship could end tragic clee -- tragically. so far the evidence points to murder-suicide. >> it was only when the bodies were moved or they were about to start moving the bodies that the pistol was discovered underneath her. >> can you tell us what kind of gun it is? >> a semiautomatic pistol. >> reporter: kazemi told relatives that mcnair was planning to divorce his wife so the two could get married. a few days ago she also said she brought a -- bought a gun without further explanation. mcnair led the ravens to a championship in 2006. he ended his 13 season career in 2008. >> my career, you know, speaks for itself. i enjoyed it. i can look back on it, reflect back on it, you know, and i wouldn't change a thing. >> reporter: after retirement, mcnair opened a restaurant in nashville. it's the city with its biggest fan base following the titan's 2000 trip to the super bowl. >> steve mcnair that i knew would want me to say sorry, not perfect, we all make decisions sometimes that are not the best interest. please forgive me. >> reporter: that's from a very emotional news conference that just wrapped up about an hour ago. just a few days before the killings, mcnair and his girlfriend were pulled over for dui in nashville. she was the driver and she was arrested. he was the passenger and police sent him home in a taxi cab. sally, back to you on television hill. >> thank you. our complete coverage continues now with mike schuh and the conflicted feeling from fans here in baltimore. >> reporter: they are. on one hand you have a man who led the team here inside this stadium the end of a pro bowl career and then on the other, you have the less than wholesome circumstances surrounding his death. in the middle, the fans who are struggling to sort it all out. he came in well respected, a tough slippery competitor who didn't stay down. he had us from training camp on. >> what a great ride. what a great ride. it was a great ride here for these short two years. >> reporter: long enough for kevin hargrove to get a number 9. >> i'm wearing it today because in memory of him. i was real upset over him being killed. >> reporter: it's how he died that troubles the fans. >> in what appears to be a murder-suicide attempt. >> reporter: on this show, two things, football strength. >> the gentleman was a warrior. >> reporter: and human weakness. >> at the end of the day infidelity is commonplace. it's not right but, you know, it's common folk like us are going to do and how can we expect steve mcnair in the spotlight not to do it. >> reporter: on wjz.com lisa writes he brought the team much leaded leadership and respect after such a long time. like so many bright stars they burn out too soon but their legacy lives on. other fans disagree. >> kills his whole legacy. that's what my generation is going to remember. >> it makes it tragic. >> he was a victim. he was a victim of his whatever personal choices he made, but ultimately he didn't take his own life. somebody took it from him. >> that's his personal life. his professional life was with football and i think that he should be remembered by that. >> reporter: well, enough of mcnair's fans want to remember his life as a football player than a memorial service has been set for a church just outside of nashville at 3:00 p.m. tomorrow. reporting live at the stadium, mike schuh, back to you. >> thank you. remember wjz is always on for the latest updates and reactions and to e-mail your thoughts on mcnair's death or read other viewers' comments just go to wjz.com. >>> a breaking news update on the story we have been following for the last day. mystery on the tracks. two teens found along the light rail tonight the mta still doesn't know what happened to them. eyewitness news is live with new information about the victims. >> reporter: we knew one teenager had died yesterday and the mta just released moments ago that the other one clinging to life has also lost his life. but police are no closer to answering why or how this tragedy unfolded. light rail investigators and passengers have a long list of questions after a train employee made a gruesome discovery sunday afternoon. >> it was a fare inspector that happened to be looking out of the window and saw two bodies lying inside the southbound track. >> how did they die? was he shot? was they thrown on the track? >> reporter: maryland transit authority say one teenage boy is dead, another seriously injured. they were found 100 yards from the lutherville station. they are confident the teens were not riding the rail. >> they were found inside the tracks. when they are struck by a train, they are knocked to the side or something else. >> reporter: at this time investigators say it doesn't look like a train struck the boys, but to make sure they are looking at every train's undercarriage for disblaj -- for damage. >> reporter: others think the boys were playing on the tracks. >> i have seen a couple of kids going down and walking up that way. >> reporter: he says 8 years old he lost his son who was running alongside a moving train. >> you win or you lose and unfortunately they lost their lives and that's not a price that you want to pay. >> from a distance they don't look like they are moving that fast but they really are. >> reporter: exactly why the police urge everyone to stay away from the tracks. and even though there is no cause of death tonight, a short while ago mta did release the victims' names. they are corner peterson and -- conner peterson and kyle lank meyer, both just 17 years old. >> mta police urge anyone with information to report it as soon as possible. >>> new 911 tapes are released tonight from the disney world monorail crash that killed a train operator. we are live in the eyewitness newsroom. denise has the latest. >> reporter: disney says this is the first fatality in the monorail's 38-year history. a federal agency has launched its investigation into how this crash happened and whether any safety rules were broken. the two trains crashed around 2:00 in the morning over the holiday weekend killing one train's operator and injuring five passengers. witnesses say they hit head on. >> a monorail was waiting to come into the station, i believe, or did not leave the station. the other one cleared through the station and it was a head- on collision. >> reporter: now, the operator has been identified as 21-year- old austin warrenberg, a local college student. back to you. >> thanks. the monorail has reopened tonight after test runs earlier in the day. >>> preparations are underway for michael jackson's public memorial as judges make a key ruling in the struggle over his estate. karen brown reports for wjz, the king of pop's sendoff is the hottest ticket in town. ♪[ music ] >> reporter: outfitted for his public memorial. >> they are waterproof. >> reporter: they have been driving by the card load to dodger stadium to pick up the wrist bands. >> i've never won anything in my life and i won the tickets and it's like so surreal. >> reporter: more than a million 1/2 fans registered for a chance to attend. jacqueline whitney was one of 8750 names randomly chosen. los angeles police are urging those without a ticket to watch the service from home. all five television networks will broadcast the memorial at a monday monday effort -- and a monumental effort is underway here at the staples center to accommodate the media. in court wrangling has just begun over jackson's estate. >> we have no reason to believe this is going to turn into a nasty fight. >> reporter: jackson's mother had file to oversee her estate but today the judge ruled that a family friend and attorney should be in charge as jackson laid out in his will. >> do not touch me. >> reporter: over the weekend cameras caught up with jackson's ex-wife, debbie rowe outside her california home. the mother of jackson's two older children is reportedly still deciding whether to fight for custody. she will not be attending the service at the staples center now slated to include, mariah carey, jennifer hudson and stevie wonder. karen brown, cbs news, los angeles. >> wjz will bring you complete coverage of the memorial service for michael jackson tomorrow. katie couric will anchor it live from california starting around 1:00 p.m. tomorrow afternoon. remember wjz is always on for additional news on the michael jackson story, go to wjz.com. >>> there is breaking news, a building fire in south baltimore, captain mike perry has the latest. >> reporter: this is in south baltimore, actually going to be between russell street and 395 southbound of m&t bank stadium. firefighters arrived to find heavy smoke and flames coming from the rear of the vacant warehouse. now, they had ladder pipes and a lot of firefighters, you can see down there, putting copious amounts of water on it. they were able to get the fire knocked down. it is not clear at this point how the fire started. fire investigators have been called to the scene. back to you. >> thank you very much. >>> marylanders are reluctantly getting into the workweek after a great holiday weekend but this week's weather couldn't look much nicer. we are looking live right now at sunshine and blue skies. we have complete first warning weather coverage. bob turk has the forecast. >> it's warm, pleasantly warm but it's dry, so nice out there. take a look at radar. this is nothing around here, 85 degrees, but the humidity only 31% makes it comfortable. north wind at 3. as we go well up to our north, there is a weak frontal boundary from about upper michigan through the buffalo area into upper new york state. that front will get close to our region tomorrow and may bring us a few clouds, perhaps an isolated shower as it crosses the region tomorrow afternoon or tomorrow evening. not a big deal but it will just reinforce the nice weather we have got over the area right now. bernadette woods has more. >> coming our way tomorrow and it is moving into dry air and it doesn't have a whole lot with it but there is a chance for a couple of showers as we move through the afternoon or evening hours as the front passes through. it is going to keep our temperatures down below average. behind it as we head into wednesday and thursday, but after that there is a warmup coming our way and we will have your forecast shortly. >> thanks. >>> still ahead at 5:00, a new twist in the hunt for south carolina's serial killer. why police believe they may have the right man. >>> shooting spree inside a birthday party. the bizarre chain of events that left 12 people wounded. >>> i'm alex demetrick. baltimore pulls up the vacancy sign. >>> and the updated forecast with bob. >>> now complete coverage continues with sally thorner, kai jackson, first warning weather with bob turk and meteorologist bernadette woods, ♪ ooh, yeah wiggle your day with jell-o sugar-free gelatin. ♪ ooh, yeah it's 10 tasty calories... loved by lips and hips alike. ♪ shake it, shake it, ooh, yeah ♪ jell-o. >>> the search is on for a serial killer in south carolina. the presence of the killer is causing fear and concerns throughout one small community. susan robert reports for wjz. police have few concludes about what -- clues about what led to the murders. >> reporter: resident of gaffney, south carolina are staying inside with the doors locked. >> they are scared to death. everybody you talk to is packing heat. >> reporter: mr. clinton is out on his motorcycle looking for a serial killer. >> this is awful when you start killing older people and children, it's awful. >> reporter: 100 state and local investigators are trying to find this man. police say physical evidence links the killer to five shooting deaths this past week in this rural community. >> every day that we can work it, we are getting close. >> reporter: a handful of witnesses have caught a glimpse of the killer, providing investigators with a description for this sketch. >> salt and pepper hair, he's had a ball cap on at all three of the locations and his hair comes down kind of over his ears a little bit. >> reporter: steven tyler and his daughter abby are the latest victims, shot here at the family's business thursday night. police believe they didn't know their killer. they were simply in his path. abbey's friends are devastated. >> she never did anything to anybody. that smile, i'll miss the smile. >> reporter: over the weekend hundreds attended the funeral of two other victims, an elderly woman and her daughter gunned down at home. >> eventually he's going to get caught and this is going to end. >> reporter: until that happens, police are asking everyone to be cautious and to travel in groups and look in on neighbors who live by themselves. susan roberts, cbs news, gaffney, south carolina. >> many resident cancelled their 4th of july plans due to fears for safety. long time residents say that recent murders remind them of a '60s killing spree when four women were strangled by a person. >>> if you're waiting for somebody to get home from work, let's check on the roads right now with sharon gibala live at wjz traffic controls. still a busy one? >> reporter: it is a surprisingly busy one considering this morning was quiet. we still have the truck fire that we had at the 4:00 hour. that is still blocking the right lane on 95 southbound approaching capeson avenue. an eight minute backup to key highway. speed sensors starting to creep back up to full speed. wreck in owings mill, another one on aberdeen on north stephanie road and three in the city north utah, pennsylvania at lawrence and argon drive at mccull lips drive. a serious one involving med vac landing on the scene. deal churchston road at rogers road. as far as delays go, 83 southbound a bit slow between belfast and swan. five minutes your drive time. no delays on the west side of baltimore national pike. juicy steak layered with chipotle sauce and melted cheese piled high with toppings. subway eats fresh. >>> what happens in vegas doesn't always stay there and that's opening the door for baltimore for a growing destination. it's generating record hotel reservations. >> there's no mistaking baltimore for the las vegas strip but it has its own charms for visitors. >> the seafood. >> very pretty, very pretty. i like the boats. >> just love the restaurants and the entertainment and just it's a nice place to be. >> reporter: and it's cheaper than vegas, especially if you're looking to book a convention. >> they really look to a city like ours that has this fantastic appeal and fingerprint and think i can get something just as special but not as costly. >> reporter: and that is unlocking the doors to baltimore hotel rooms. future conventions are booking record numbers. >> we have opened up a lot of new hotels including the hilton, our convention and tourism product is better than it's ever been before. >> reporter: for fiscal year 2009, over 500,000 future room nights have been booked. that covers a period from 2010 to 2016 for planned conventions and events, lured here in part by the four to 5000 new hotel rooms which means baltimore can host 75% of large city conventions. >> that deserves a round of applause. >> reporter: with the prospect of hundreds of millions of dollars in convention spending. >> it's a great source of tax revenue and has a ripple effect overall on restaurants, all the other venues around. i think people come to games when they stay here. it has a great effect on me. >> reporter: drawing visitors is a high stakes competition even in the best of times and right now it's rougher. >> in this time it's more aggressive when the economy is down, you have to cut deals you may not cut during normal times. >> reporter: making baltimore a bargain built around a water view and if the reservations hold, so will a lot of others. >> if bookings remain strong, it's projected the economic impact of convention visitors will top $700 million in the text 10 years. >> wow, money that the city could use and the state. >> that's for sure. >> and for all of you visiting the city, this is the weather we have all summer lopping. >> 365 days a year. >> come on back. >>> let's take a look at the temps right now. beautiful out there, 85, humidity 31%. come back and take a look at when morning comes in the middle of the night... rooster crow. ...it affects your entire day. to get a good night's sleep, try 2-layer ambien cr. the first layer dissolves quickly to help you fall asleep. and unlike other sleep aids, a second dissolves slowly to help you stay asleep. when taking ambien cr, don't drive or operate machinery. sleepwalking, and eating or driving while not fully awake with memory loss for the event as well as abnormal behaviors such as being more outgoing or aggressive than normal, confusion, agitation and halluciations may occur. don't take it with alcohol as it may increase these behaviors. allergic reactions such as shortness of breath, swelling of your tongue or throat may occur and in rare cases may be fatal. side effects may include next-day drowsiness, dizziness, and headache. in patients with depression, worsening of depression, including risk of suicide may occur. if you experience any of these behaviors or reactions contact your doctor immediately. wake up ready for your day-ask your healthcare provider for 2-layer ambien cr. >>> now weather, complete forecast and the first warning of severe weather. >> beautiful worthington valley in baltimore county. beautiful afternoon, lovely, lovely weather and it will continue most of the week. it will get warmer by the end of the week and maybe by the end you might even get to 90 degrees. let's take a look at temps and conditions this afternoon. 85 this afternoon, 58 comfortable sleeping weather this morning. our normal or average for this day in july is 87. so we are close to that. but it was so dry, 65 is the average low now. 101 and 51 are the record set on this date, 1989 and 1979. around the region with clear skies, just a few clouds, 84 here, 81 in ocean city, 74 oakland, it's been really nice up in garrett county. nighttime lows have been in the upper 40s. i mean really, really pleasant. 86 out in cumberland right now, the warm spot, ocean city 81. very comfortable weather. a light little north-northwest breeze will continue to bring in the dry air. tomorrow a slight shift and then late tomorrow night the winds go back to the north- northwest at another weak front comes in the area. a few clouds off in western pennsylvania. generally sunny skies, clear skies, a beautiful moon out there tonight by the way. this front, you connect the dots with the clouds across upper portions of michigan into new york state. that front will be approaching us tomorrow afternoon. it may bring a very brief shower to a few spots, down to the south, hot humid showers and storms continue down there. for us, just a slight chance as that front approaches tomorrow afternoon, tomorrow night of a brief shower and then back into another northwest flow of more dry, beautiful summer weather. a lot of blue skies, no haze to talk about, nothing like that. low pressure to our south that brought rain to virginia. yesterday this is a front, clearing the area, high pressure builds in by the end of the week. this high finally moves out. winds become more southwesterly, slight chance of some scattered showers and thundershowers by the end of the week along with more humidity. northwest winds about five knots, the bay temp around 75. so tonight pleasant night once again beautiful moon, comfortable, 60 degrees. by morning tomorrow, back up in the low to mid-80s, a few more clouds and maybe a slight chance of an afternoon brief shower and a few isolated locations, most places will stay dry. >> love it. >> love it. >> thanks. >>> still ahead at 5:00, outrage in baltimore after a little girl is caught in the crossfire. >>> i'm mike hellgren in southwest baltimore where a 5- year-old girl was shot in the head. the teenager accused in the crime faced a judge. more on what happened in court and wjz has learned new information about his juvenile record. >>> ready to compromise, what a preliminary deal between the u.s. and russia could mean. >>> plus. >> reporter: i'm ron matz on the waterfront. >>> this is wjz, wjztz and wjz.com, baltimore. from the city, to the county, to your neighborhood, now complete coverage on wjz 13, maryland's news station. >>> it is 5:30, 85 degrees. really a gorgeous night. if you're just getting in, welcome home, everybody. here's what people are talking about tonight. >>> just hours ago the teenager accused of shooting and critically wounding a 5-year- old girl appears in court and tonight we are learning more about the suspect's criminal past. eyewitness news is live in southwest baltimore where preparations for a vigil are underway. mike hellgren with more on this crime that's outraged the city. mike. >> reporter: sally, right now that little girl is fighting for her life and they are setting up here for a citywide prayer vigil. it begins at the scene at 6:00 tonight. now, a short time ago a judge ordered the teenage suspect in the case held without bail. a 17-year-old will remain in jail facing life in prison for shooting a 5-year-old girl in the head here in southwest baltimore. lamont davis is charged as an adult. police say he was fighting with another teen last thursday, a fight that quickly turned out of control when he grabbed a semiautomatic handgun. 5-year-old raven wyatt was caught in the crossfire. >> we need to speak out strongly about what has happened in our community and say enough is enough, it's time for us to turn it around. >> reporter: wjz's newspaper partner the baltimore sun reports davis was placed on home monitoring one day before the shooting. the sun says davis was charged as a juvenile with robbery and in a rare move a juvenile master allowed him to go to his house in cherry hill until sentencing. the paper reports davis may have cut off his gps equipment monitoring device. police say has a long juvenile record. >> the question then becomes were they getting the proper counseling, but there is there's choices that people have to make. >> reporter: the victim, little raven, is still clinging to life at shock trauma. her family has requested the hospital not release updates on her condition. many of her neighbors are still outraged over the crime. >> i think it's a sad -- it's sad that kids can't play and just have fun and just be kids without things happening. you know, school about to start. this is real sad. >> reporter: the ncaanaacp is asking people to come out here at 6:00 for the prayer vigil for little raven. >> thanks. the judge did not discuss the suspect's juvenile record in court today. >>> sky chopper 13 is over the scene of a multivehicle accident. >> reporter: some call this upper coast, some call it arcadia but we are on hanover pike at dover road where a collision has shut down at least one southbound lane of dover road. it's not clear at this point what caused this accident. looks like two vehicles collided either head on or nearly head on. it looks like we have multiple patients here but no one going to the trauma center, albeit a serious accident. baltimore county police remain on the scene. they will conduct the investigation and you're going to have issues if you're coming up route 30 out of ham stead towards baltimore county or the opposite direction. back to you. >> thank you very much. >>> gun fire erupts at a birthday party in miami sending a dozen people to the hospital. denise is in the newsroom on more on the search for the gunman. >> reporter: police in miami say they are still looking for the three armed men who opened fire at a group of people. it happened just after midnight near downtown miami. authorities say the men wore all black and used automatic weapons to carry off their assault. three of the wounded people are said to be in critical condition. during the chaos one person was struck by a car while trying to flee the scene. that individual is in stable condition at the hospital. kai. >> thank you. >>> investigators say they found shell casings from an ak47 along with two pistols. >>> one of the key architects of the vietnam war has passed away. former secretary of defense robert mcnamnamara died. the former secretary wrote that the decision to escalate the war was terribly wrong. robert mcnamara was 93 years old. >>> president obama is at his first summit with the russian leaders. there are plenty of other issues on the agenda. >> reporter: with a stroke of a pen, the leaders of the unitedd russia reached a preliminary agreement in moscow, to reduce the world's two largest nuclear stockpiles by as much as 1/3. >> as we keep or commitments, so we must ensure that other nations keep theirs. to that end we had constructive discussions about north korea and iran. >> reporter: during their first summit meeting, president barack obama and president dmitry medvedev agreed on steps to try and block north korea's nuclear program. as for iran, america wants to build a missile defense system to protect european allies from possible attack. russians leaders have been outright opposed to the project but president medvedev says he's open to talks. >> reaching possible compromise on this fairly difficult subject. >> reporter: the white house says president obama is trying to repair strained relations between the u.s. and russia. moscow is also reaching out by offering a helping hand in the war on terrorism. the kremlin is allowing the united states to send weapons over and across russ

united healthcare? united healthcare settled a $50 million suit brought because of overcharging people, overcharging people. they would go in to get a treatment and they were fined. make up the money there. why punish the people who work hard? the people who get the soda shouldn't be punished. >> maybe an uneducated person who is not feeding their children possible. >> go into an urban neighborhood and realize they don't have healthy options. >> why are you so hell bent on not getting us healthier. >> why are you so hell bent on realizing that there are poor people out there. it can be a poverty issue. the people who suffer are the poor, who don't have the options. >> the poor are the ones preyed upon by the mcdonald's of the world. give people affordable options. you open a donny's. >> sorry we dragged you into our latest battle. >> i felt like i was able to do some sort of translation for perhaps those who couldn't follow this. i wanted to jump in. but you two were really impassioned. it's an example of why this is so interesting. >> i wiped the floor with her yesterday. i gave her round one today. >> you bring us to a higher ground. you help me get my composure where the devil is trying to drag me down. >> catch up with you later. >>> i'll be honest with the people watching. donny and i have been fighting about this since 8:00 this morning. i believe any tax on sugary or syntax, it hurts the poor. how much more can the working family take. >> let's legal rise marijuana, we'll raise $100 billion there, also. >>> still ahead, does the birther movement from republicans or some republicans running scared? we'll talk with the blogger. incredible video. >>> this bruiew is for you. it could end the gates arrest controversy. >>> looking for love in all the wrong places. from "the bachelorette" to "rock of love." why are we obsessed with fake relationships on reality tv? does it say something about our own search for love? this is msnbc, the place for politics. we call the bunches in honey bunches of oats the prize in the box. well, now there's a prize inside the prize. pecans! pecans! baked into crunchy oat bunches. taste the delicious surprise in every spoonful. new honey bunches of oats with pecan bunches. beautiful. to a deep micro-clean. olay deep cleansers reach the micro-particles of dirt some basic cleansers can leave behind for a clean so deep its micro-clean. olay deep cleansers. if we don't act, medical bills will wipe out their savings. if we don't act, she'll be denied coverage because of a pre-existing condition. and he won't get the chemotherapy he needs. if we don't act, health care costs will rise 70%. and he'll have to cut benefits for his employees. but we can act. the president and congress have a plan to lower your costs and stop denials for pre-existing conditions. it's time to act. h whoa! honey honey honey honey honey! okay... i mean... you can't... this isn't a stove, alright? i mean... what if i just walked into the kitchen and started making a salad? - that'd be weird. - right? i mean, look, there's a technique. - okay... - ( strikes match ) wow. it's okay, everyone. - thanks, hon. - you're welcome. announcer: yep, it's that easy, - with kingsford match light. - ( match strikes ) >>> the president had a budweiser at the all-star game. why are you looking at me like that? that's what he drank. >> red stripe, bex. >> what's wrong with bud riser? why do you hate bud riser. >> that was white house press secretary robert gibbs talking about president obama's drink of choice. this thursday evening harvard professor henry louis gates and sergeant crowley, the man who arrested him, will join president obama for the much-anticipated beer. i didn't know he had a beer with him. >> if beer is diplomacy. we're not allowed to open it on television. the group will get together. this bud is for you, at 6:00 p.m. at a picnic table on the south lawn. the president wants to, quote, take the temperature down after gates' arrest set off a national fire storm. savannah guthrie joins us from the white house. >> we only brought two. i'm going to turn the label away because people will accuse us of trying to plug a certain beer. >> we have the setting. is there any information about what might be said beyond what our common sense will tell us there? >> reporter: no. basically we heard the press secretary robert gates say this morning, what this is really about is deescalating, to use his words, to get the temperature down again. something they started last week when the president came to the briefing room and said he wished he had made different remarks and wished he had calibrated his words differently. this is all an extension of that. this is sergeant crowley's idea, to get together and have a beer. everybody all together at the white house. it's going to happen on thursday about 6:00. we actually don't know what kind of beer the president is going to have. i think the press secretary thought it was going to be bud light. i'm not sure we'll ever know. in any event, they'll all sit together and have a chat on a picnic table outside the oval office. >> savannah, i'm all warm and fuzzy. he's trying to deescalate it. but by dragging it out one more day in the news, making a big press event out of it, isn't he escalating it. >> reporter: this is the quandary the president is. crowly made the offer. they can't blow it off because everybody will be asking, when are you going to have that beer? the real issue is what coverage do they allow? they have a few options. they could release a still photo. then everybody would say, well, why are you hiding? why didn't we get to see a little more of this meeting? then the other option is they could allow the cameras to come in for a few minutes. we call it a pool fray, when they have visiting heads of states, the president makes a few remarks, the heads of state makes a few remarks. and then ushered out. it makes more of a story. i think this is one of the situations where no matter what they do, it's a story one more day. >> darned if you do. darned if you don't. thanks savannah. what do you think they should do? >> i think it's nice. it drums up a lot of stuff. what briere they drinking. all kidding aside, knowing beer marketers i wonder what they're sending to the white house, drink our beer. supposedly the professor drinks red stripe. it will put a little explanation point on the story. unfortunately, i don't know what we learn from all this. i like our president. he's a real human being. i like he said i'm sorry. >> it will be nice to see the two men walk out in front of a microphone and have some kind of agreement. in the end you have one person call the other a racist, the other said things or may have -- >> this was about testosterone more than anything else. >> serve an arnold palmer, iced tea and lemonade, something a little more east coast. >> you guys don't see what happens when the camera goes off. >>> up next, today's vote on judge sonia sotomayor. we knew how this was going to play out. what the only republican, one, said about the nomination and donny, about dr. phil. >>> later in the show, the sumo world championships, there you go, you're watching the big picture on msnbc. >>> time for your business advice. stop before you make big mace takes. have an understanding of important ratios. price your goods and services to sell. but don't lose money on them. and every hire is critical. so be sure to thoroughly check references. for more, watch "your business" sunday mornings at 7:30 on msnbc. est night cream -- shape magazine. 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(announcer) switch to the nation's fastest 3g network i just want fewer pills and relief that lasts all day. take 2 extra strength tylenol every 4 to 6 hours?!? taking 8 pills a day... and if i take it for 10 days -- that's 80 pills. just 2 aleve can last all day. perfect. choose aleve and you can be taking four times... fewer pills than extra strength tylenol. just 2 aleve have the strength to relieve arthritis pain all day. you have questions. who can give you the financial advice you need? where will you find the stability and resources to keep you ahead of this rapidly evolving world? these are tough questions. that's why we brought together two of the most powerful names in the industry. introducing morgan stanley smith barney. here to rethink wealth management. here to answer... your questions. morgan stanley smith barney. a new wealth management firm with over 130 years of experience. >>> the nominee has been approved by the committee. the name will be sent to the full senate for its action. >> the vote on sonia sotomayor. the good guys win. >> you're picking sides so clearly in this. >>> the senate judiciary committee voted mostly along party lines by a 13-6 vote. south carolina lindsey graham was the only republican, and he made this announcement that he would endorse the judge who would become the country's first hispanic justice. >> i can no more understand her heart than she can understand mine. and this empathy idea makes us all kind of dr. phils. i feel uncomfortable doing that. i really do. so i based my vote on qualifications, and i came away after the hearing believing that she was well qualified. america has changed for the better with her selection. >> today's vote was right in line with other recent votes from the committee. john roberts was approved 13-5. the vote for sam mule alito 10-8. the full senate is expected to confirm sotomayor next week. she'll replace justice suitor when the supreme court reconvenes in september. as you said in your thoughts -- >> good guys win. >>> up next, the birther problem for the gop. we'll talk to the blogger who made big headlines when he made some lawmakers squirm on camera when they were put on the spot about whether they think the president was actually born in the united states. >> you have to watch this. every congressman but one would not say that. this is scary stuff. >>> i'm told jillian picked ed on "the bachelorette." i was not watching. why are fake relationships so big on reality tv? what does it say about us? you are watching msnbc. my name is chef michael. and when i come home from my restaurant, i love showing bailey how special she is. yes, you are. i know exactly what you love, don't i? - [ barks ] - mmm. aromas like rotisserie chicken. and filet mignon. yeah, that's what inspired a very special dry dog food. 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rather than write united and do something constructive, he post as video on youtube. take a listen to this. it's him complaining about united. ♪ unitedare, you broke it you should fix it ♪ as you can expect, this video is getting a ton of hits on youtube. >> that is clever. >> he went to so much work. that must have been a great guitar. >> yeah. >> hey, just a tip for you. for the future. if you're trying to get a goat out of a tree, don't use pam cooking spray. it doesn't work. and a lady out in california found this out the hard way. her goat got caught up in the tree. this poor little guy out there likes to eat oak leaves. so climbed up and started eating some of these oak leaves and lost his footing and he got stuck in the tree. the owner comes home and basically soaks the tree and goat and everything else in pam cooking spray hoping they'll slide out and it didn't work. the neighbor himself to be called in to help out. >> not bright. >> this next story, i don't even want to hear the jokes you're going to say so save it. teachers realized they had students who had problems >> c >> challenging summit. why president obama and leade

united states cannot solve all the problems of the world alone, but the world cannot solve them without the united states. >> here was a recent headline that got a lot of attention, not surprisingly, in the "los angeles times." "clinton seems overshadowed by her boss, some analysts say." you responded saying, i broke my elbow, not my larynx. but has at times it been a struggle? >> not at all. maybe because i understand the functioning of the united states government, the president is the president. and the president is responsible for setting policy. now, we have a great relationship. i see him usually several times a week, at least once one on one. and i'm ready to offer my advice. we have an incredibly candid and open exchange. in fact, the whole team does. >> this is kind of interesting. the whole team of rivals idea. do you have a close, working relationship? are you the voice on foreign policy? the adviser in his ear on foreign policy? >> well, i am the chief adviser on foreign policy, but the president makes the decision. you know, i have a picture of former secretary of state seward in my office. he was a new york senator, who went on to serve president lincoln, which is part of what created this concept of team of rivals. he became one of lincoln's closest and strongest advisers. why? because he understood, as i do, that the election is over. the president has to lead our country, both internationally and domestically. i

when the caskets return home, the united kingdom held a day of national mourning. britain is the united states's most important allies in this fight. many remain if the casualties remain high, the british could soon abandon their effort. joining me to talk about all this, david kilcullen. david is a former army officer who helped plan the troops in both iraq and afghanistan. he is a profess this man is a professor of boston university. they are in opposition on this. >> when the surge began in iraq, they said the directive of the surge would be to raise casualties because the u.s. forces would be actively engaging the enemy in ways they

campaign, in 2004, and gets murdered 73 people in the united kingdom and 11,344 people in the united states. we have a lot of people in the united states. >> and in britain, all of them die of bad teeth. [laughter] this will surprise you, but i would have voted against this. our gun culture is totally out of control. if you have a gun, don't travel. if you onto hang out in a bar in xas and use it, that is ok. but each state has its own conditions. urban states want less guns. you could be attacked by a moose, you never know, but it is not going to happen in manhattan. let's respect states' rights, federalism, and not impose on them a unified system. >> if you are in congress and you do not have a gun and no one in trouble, don't mess with the nra. >> this is a pretty graven abode. this was a setup. senate john thune was reduced to arguing for the rights of truckers. it was a set up to be used in campaigns so that democrats are forced to walk the plank. i'm glad that a few of them were willing to. the sotomayor vote was a bit the same. >> the nra is targeting people -- >> the nra did not initially come out against her. they said