hope you check it out. i am bill o'reilly, we do hope to see you. remember the spin stops right here because we are definitely looking out for you. >> gregg: this is a fox news alert. obama administration now considering a prison in rural illinois to house the gitmo detainees. >> i'm julie banderas. illinois governor pat quinn coming in and out favor of the plan saying that the correctional facility would primarily serve as a federal prison leased out to the defense department to house less than 100 gitmo detainees. >> this prison will always be known as a federal prison, a small portion may be used in the near term by the department of defense to incarcerate detainees that are convicted from guantanamo bay. other than that it's going to be a federal prison providing employment and economic opportunity for many illinois citizens for decades to come. >> julie: we've got fox team coverage. julie is monitoring events in washington. first we go to corina. they are going to be looking at the facility tomorrow. how fast or possible are preparations moving? >> illinois governor pat quinn met with the president earlier this month to discuss the possible plan and today the governor along with u.s. senator dick durbin saying the visit by federal officials is just a preliminary review. a decision could take some time. on the table whether the federal government will purchase the maximum security prison to house some of the federal detainees from guantanamo bay and along with other federal prisoners. the deal could mean up to billion dollars in federal money over four years for the local economy. >> we have an opportunity to bring thousands of good paying jobs to illinois when we need them the most. we have an opportunity to bring them to part of our state that has been struggling. that san opportunity we're not going to miss. >> not everyone views this plan as an opportunity. >> gregg: one of the loudist opponents has been republican senator mark kirk. what are his concerned concerns? >> he said this possible plan could put a target on the back of illinois. he believes that the detainees should be kept at guantanamo bay. he believes if the deal passes we will see a flow of al-qaeda connected family members and followers coming in through the city's airports to visit the thompson correctional facility. he is concerned that any civilian prosecution of the terrorists could happen at rockford or right here in thompson. >> it's a pretty small town, 150 miles outside of chicago. town leaders have described it as a ghost town. how is the village reacting to this? >> the village president he is very enthusiastic. he is very excited about this possible opportunity which could bring a couple of thousand jobs to a town that only has a population of about 500. many others have been hit hard by the recession. they don't care who is brought into the prison as long as the outcome is that businesses in thompson are helped. >> gregg: thanks very much. >> julie: obama administration's decision to try five suspects from the 9/11 terror attacks sparking intense debate. some democrats defending the move calling eight chances to showcase american justice. republican critics like new york mayor rudy guliani it's a huge mistake. what is his main objection? >> he made a couple of points on fox news sunday. conducting the trials in new york city will give khalid shaikh mohammed and self-proclaimed mastermind and other suspects a big legal advantage. there will be a security problem and cost millions of dollars despite the support of the decision by the current mayor of new york. he says the decision to try the detainees in federal court is essentially a denial that the u.s. is still at war against terrorism. >> we are granting his wish, his wish was to be brought to new york. it makes no sense to me. he should be tried in a military tribunal. he is a war criminal. this was an act of war. >> along with being mayor on 9/11. he was also a big time, high profile federal prosecutor. >> julie: who is backing the decision to have the trials in new york and why? >> i mentioned mayor bloomberg, he says new york city can handle the trials. khalid shaikh mohammed will be put on trial a few blocks from ground zero. so key lawmakers here in washington, many democrats that support the decision. they said today that the trial will, in fact, showcase to the world american values and the u.s. legal system. many democrats here in washington say the attorney general is on solid legal ground on this one. >> julie: and hillary clinton spoke on this? >> she was a senator from new york. she said she won't second guess the decision to hold the treims in morning. here is how she put it? >> most important thing for me they pay the ultimate price for what they did to us on 9/11. if the attorney general and veteran prosecutors think this is the best way to achieve that outcome, then i think they should be given the right to move forward as they see appropriate. >> reporter: along with the current mayor of new york, ray kelly, they both said the city will be able to handle the trials. >> julie: thank you very much. >> gregg: all right, president obama racing to meet a self-imposed january deadline to shut down the detention center at guantanamo bay. the trial to get some of it done and potential purchase of the illinois prison is yet another. our question today is, is the president handling the closure of gitmo the right way? what about the illinois prison. joining us is republican congressman paul brown and manager susan estrich. whether americans like it or not president obama has ordered gitmo closed. the prisoners have to go somewhere. they are going to come a few blocks from here. khalid shaikh mohammed and four others, why not the super max in illinois or at least create a super max for the folks in illinois? >> there is absolutely no reason to close guantanamo. the president can change his mind and say we are going to leave these people here. the only reason here, is the arrogance and incompetence of this administration. this is great way to invite attacks for re-election and other terrorist organizations around the world, to showcase this cold-blooded murderer. >> gregg: they are going to continue to try to attack us no matter what. >> this is going to invite more attacks and showcase the media they are doing over this trial. it's outrageous they are bringing these people here. eric holder and whoever else has made this decision, ought to be tried for reckless endangerment to american citizens and the that's are going to be in danger by bringing these people here. >> gregg: do you want to respond to that? >> sure. i don't know what information eric holder is looking at in his files. i would wager that congressman doesn't need it. but he is an experienced prosecutor and people around him are experienced. the decision to bring them to new york signals they can get a conviction and get the death penalty under federal law. which if anything, the water boarding was unnecessary. bottom line is, the reason that gitmo has to be closed, it's not because it was the wrong location. it's because it became a black eye in america's reputation in the world. i don't quantity to play games but that is nothing that obama administration did. >> gregg: congressman brown, mark kirk who is running for the senate he opposes the idea to bring them to the united states in part because he thinks he is going to make illinois a terror target. i talked to a national security expert who has been in the years. he laughed at that. he said look, are you kidding me. terrorists go for high value targets, big places like new york and washington as we saw on 9/11. they're not going for a town in 500. he laughed and said, are you kidding. that is going to be among the safest places in the world because there is only 500 premium. am i right? >> that was the first thing i thought of. terrorism is about the unexpected. major impacts from this. if there is going to be one safe place in america, it will be that town. >> gregg: congressman brown, it doesn't make sense in many ways? >> you are misconstruing what mark kirk is saying. he is saying it's going to bring terrorist attacks to america, like chicago and new york city. we're going to showcase these people, freedom hating cold-blooded murderers, the worst to the shores of the united states. these aren't criminals, they are enemy combatants. anybody that thinks bringing piece these people are is not going to be recruiting tool --. >> gregg: isn't gitmo a recruiting tool for al-qaeda, isn't it? >> no. in fact it was created as a recruiting tool for al-qaeda. they don't need one. they hate america, you just defend had your own argument. it's not going to hate america and trying to attack us again and again. >> not at all. what we're going to do is showcase them in the press all over the world. this is going to put on the bonfire of hatred of america. >> the gas on the bonfire is 183 water boardings. >> no, susan, we water boarded three people. we water boarded khalid shaikh mohammed and we prevented thousands of deaths. it's going to be an attack in los angeles. that the water boarding that khalid shaikh mohammed had prevented. i think we should congratulate those that did it to prevent the killings of american system. >> the point is, the facts that we are trying these men in new york, shows a level of confidence and pride in the american judicial system. certainly in my judgment, the evidence is sufficient to get a capital conviction. that is not going to showcase their achievements in the world. >> it is. >> it's going to showcase what is best about america, that we have a system of laws. bee have a system of justice and let's see it work. >> gregg: i want to clear up one thing. reference to 183 water boarding, the number of terrorists that were water boarded the documents that have been revealed that t mow mow was water boarded a total of 183 times. susan -- >> he was told he was going to be water boarded. we even water boarded our own -- >> it saved americans lives. >> thousands and thousands. >> thank you both for being with us. good to see you. >> julie: media conflict topping a forum in jerusalem. israelis prime minister saying there is no substitution for negotiations between israel and the palestinian authority. high level gathering of current and former world leaders including bill clinton, joe lieberman and arnold schwarzenegger. benjamin netanyahu comments comes one day after a plan to push through with the u.n. resolution declaring a palestinian state. reena ninan is there with the latest. >> reporter: lots of news coming out in the forum. wee we'll begin with president clinton that and sentiments toward the obama administration. he wants to push for peace with the palestinians. we also heard from benjamin netanyahu who responded to a palestinian plan first reported on fox news for the palestinians to push forward for a resolution toward statehood. >> first thing i want to say you shouldn't think that president obama is your enemy and you hope that hillary is not. you can't change the technology is not your friend, you need to get this done. >> there is no substitution for negotiations between israel and the palestinian authority. any unilateral attempt will unravel the existing agreements between us and could only lead to unilateral steps. so the only way to achieve peace is by resolving the issues surrounding the negotiating table. >> he also said that the only way forward to peace would be to help dismantle iran's nuclear program. >> julie: thank you very much, reena ninan. >> gregg: wind and wastes from a powerful nor'easter pummeling the northeastern region. they are still underwater today. the storm dumping up to ten inches of rain in some areas. many residents forced to flee their homes. about 150,000 people also left without any power at all. joining us live meteorologist joe, good to see you. >> it's nice to see you. this is the remnants of ida. for those following us over at accu-weather.com, look out, this has tropical energy in it. these storms happen from time to time. so-called perfect storm was a bigger version of this even further north. this cloud photograph, the remnants of idar sinking slowly south and southeastward. over the next several days, we're going to he see a build. we have a mini nor'easter wednesday night into thursday. the problem, it's stripped bare and this winter season i'm predicting a greater than normal amount of nor'easters. we believe that it's going to be remembered as a cold and snowy one with several storms out of the gulf. there is going to be big problems because we don't have the normal beach. the ghost of ida may haunt us in this upcoming winter. >> gregg: okay, thanks very much. >> julie: iran's first lady making a rare appearance addressing the public the dr. v first time, a message to the world coming up next. >> you will not believe what some folks to get your credit card information. new scam out there that may fool the most careful of you consumers. what you need to know. ale nt thaveayci y t od tha nty wa branme faf aiz leh ii grnt faf aiz ked kalm leh ii eas sh dcaro,t faf aiz ep wutbyd oll ked kalm f f aiz faf aiz ep wutbyd oll ked brthme >> julie: symbolic fight in asia summit. president obama and dmitry medvedev side by side as you can see here putting pressure on iran to reach a deal on the nuclear program. both leaders say time is running out. it's been three weeks since the international atomic energy commission offered iran a deal that they have rejected. so what is the next step. >> joining us is bob newman a think tank, rocky mountain foundation. great to have you on. you say which is fascinating that top intelligence officials are working behind the scenes. they recently held an unprecedented meeting to back iran into a corner. tell us about this meeting? >> early last week, some very high ranking officials from the c.i.a. and dia, head of israel's mosad which is their intelligence agency, heads of a couple of the heads of egypt intelligence agency and jordanian intelligence agency, met in iman to figure out what to do with iran. according to the international atomic agency commission, they are working on an advanced warhead design to allow a nuclear warhead to be placed on a missile. >> julie: part of the compromise is for iran to to send the uranium to moscow. leaders have said they reject this plan. then what is the next step? >> you're correct. they have rejected it outright. that is one of the reasons they had this secret meeting in jordan. we have to look at, what iran is doing in regards to defensive measures. it's very much a game of chess. winner iran is digging missile silos. some of them are real. others are fakes. it's the old shell game complete with anti-air defense batteries because they are expecting israel to pay them a visit. >> julie: they are not taking it any longer. the u.n. iaea that they were iran was working on advanced nuclear warhead. what about russia? as you know the president is on a trip to asia, he sat next to dmitry medvedev. don't they take part in the meetings that are happening behind closed doors for an ultimatum to really sink in? >> you can't trust putin and dmitry medvedev. there you have it right there. we can trust the egyptian had and jordanians considerably more than we can trust the russians. we have to remember that the russians, they built the nuclear power plant and been involved with other nuclear dealings inside iran. we are learning that the gallery two missile is now being developed. that missile is specifically defined only for a nuclear warhead and it's a three stage intercontinental ballistic missile. >> julie: and somehow iran has figured out a way to launder money from the u.s. to the iranian revolutionary guard. i should mention that the guard runs iran's nuke program? >> that's right. you know all about the investigation going on with the united states is about to seize four mosques and a skyscraper practically in view of the fox theaters where the revolutionary guard are coming in. >> julie: these are claims. have you substantiated them? >> i certainly have. that is one of ways we have been is your veiling them, coming under diplomatic cover. we have been watching them. that is part of that surveillance led to this move that the obama administration has undertaken. >> julie: always interested to hear your insight. >> gregg: iran's first lady making a rare public appearance and even more rare, making a speech. it was in rome on the eve of the summit to fight hunger. the wife of mahmoud ahmadinejad, there she is in the black, never appears in public. it believes she has never addressed the public. she made a few remarks at a first lady summit, speaking about women's issues. her country was a staunch supporter of women's rights and mentioned over of 35% of university students are women. it begins tomorrow at world united nations center. >> julie: people that lows their homes watch the banks move. in some folks are taking drastic action before they believe their property. what they are doing and why it's illegal and what can happen if they are caught. >> gregg: a young newlywed grieving for her husband of three months, one of the relatives laid to rest, killed during a fort hood massacre in texas. some of the services, just ahead. (announcer) we understand. you need to save money. have discovered how easy it is to use legalzoom for important legal documents. so start your business, protect your family, launch your dreams. at legalzoom.com we put the law on your side. >> julie: top of the news, israeli prime minister benjamin netanyahu threatening retaliation if palestinians declare a unilateral state. making those comments at a forum today saying the move would unravel existing agreements with the israelis. discipline plin officials say they are preparing to ask the united nations to endorse an independent state without israel's consent. >> gregg: growing backlash to put 9/11 plotters on trial. rudy guliani telling fox news sunday, it seems to reflect an overconcern with the rights of the terrorists and a lack of concerns of the rights of the public. >> julie: president obama rivaling in shanghai today for a day long visit in china. it is the president's first trip to china where he'll meet with the leaders and hold a townhall discussion with university students. >> gregg: credit card and identity theft scammers have learned to be pretty clever. latest scheming is called phishing. you receive an e-mail from the credit card company or bank informing you there was suspicious activity. you must call a number to react elevate the card. that is where the thieves get a load of personal information from you. that can put you in big trouble. dominic, president of diversified financial consultants. in all honesty we decided to do this on topic, on wednesday evening, i get an e-mail entitled your credit card is suspended. did that get my attention. there it is. has this very official looking logo, secure code and somebody suspected of using a code. i did not fix it. take a look at the next graphic, it was grammatically flawed and misspelled word, that even isn't a word. a card company normally recites the charges and they didn't do that. so total scam. >> right? >> total scam. gregg, i actually had the same thing happen to myself, but happened to my wife. what is scary when you click on that site, i did it, it looks like the bank's own website. you really think you are in a visa, american express website. >> gregg: they were trying to steal yours and during mine, and during a commercial break, she got the same one this week. they are trying to steal our information. >> exactly right. when you think you are on the official bank website, you might enter the pin, now they've got you, they got all the information to go behind the scenes into your own bank account, atm card and steal your identity and steal your money. >> gregg: i have to tell you, once a week, i get an e-mail from somebody overseas. they're english is not so good but they got millions of dollars. i need you to invest it for me, just give me your bank account number and i'll send you millions. >> how many times have we said this. if it's too good to be true, it is. i feel terrible for the people. >> gregg: what should people do when this stuff happens? >> first thing is, if you are getting this kind of notice, take the credit card out of your wallet, dial the 800 number. if not, dial the 800 right on the official statement you get every single month. if you are going to google your bank because you want to track them down, be careful how you spell the name of the bank. you could be off to one letter and you will get a scam website. >> we want to put a couple things on the screen. here is how to report fraud, forward the entire e-mail to report phishing or spam at those websites. or e-mail to it company which phony e-bay messages, forward it to them and report to the f.b.i. at their website. so those are things to do. final words, dominic? >> just be extraordinarily careful. please. this is something that is going on. it's happened daily. we're so busy in our lives and you react to these kind of e-mails. take an extra minute before you go any further than you have to. >> gregg: i was about to click on --, i thought, it doesn't seem right. good to see you. >> julie: good advice. home foreclosures are taking a toll on the housing market. now vandals are making the problem worse. they are gutting homes and stealing any items. nothing is off-limits. its problem so big that the f.b.i. is getting involved. casey is live in our los angeles bureau with more this? >> region has been hit especially hard. southwest is the leading area in terms of foreclosures in this country. nevada has the highest foreclosure rate in the whole country. number two is california and arizona right behind that. and desperate times call for desperate measures. according to some people who ever been forced in their homes because they can't afford to pay the mortgage. many are breaking the law and removing anything from the house they can turn around and sell for profit. realtors say you wouldn't believe how far some people will go. >> all the appliances go first. then ceiling fans. if they really want to ransack the house. they will take the carpet. lighting fixtures. hot water heaters, anything they can take in a truck, it's gone. >> reporter: laws are different in each state. in most places, anything that is a built in feature of the home belongs to the home and has to stay there. dishwasher is buy into countertop. if it's on wheels it could be fair game. if you are caught breaking the law, there are serious penalties. >> its felony. all the people that we've gone after, they have felony charges on their records. depending on whether a sentencing judge decides. >> reporter: homeowners are not the only guilty ones. f.b.i. who has joined the special task force addressing the problem. they say that 50% of cases also involve thieves and vandals who randomly target the properties. insurance companies will go after the previous homeowner if the theft occurred after the homeowner moved out. also too the banks of forced to sell these homes for cheaper than they already going for that. is compound ago very serious problem. >> julie: casey siegle, very scary, thank you very much. >> gregg: friends and family saying farewell to several of the victims of the fort hood shooting rampage. fugitives for these six soldiers taking place in towns and cities around the country. think are among the 13 people killed in november 5th massacre. we want to take a minute to look at how the fellow americans are paying their respects. >> every man and woman who signs up for military service does so with the full knowledge of the dangers that could come. that is what makes the service so extraordinary. it's unthink amp that so many would die in a hail of gunfire on a u.s. army base in the heart of texas and that a fellow service member could have pulled the trigger. >> it's a very sorrowful day. >> people northbound lanes i-55 pulling their cars over on the side of the road, saluting. emotions ran very high. >> this nation will never forget the service of those that we lost at fort hood. we will always honor the service of those that wear the uniform of the united states of america. their legacy will be an america that is safer and stronger. an america that reflects the extraordinary character of the men and women who serve it. [ bell ringing ] "what do you mean homeowners insurance doesn't cover floods?" "a few inches of water caused all this?" "but i don't even live near the water." what you don't know about flood insurance may shock you. including the fact that a preferred risk policy starts as low as $119 a year. for an agent, call the number on your screen. >> julie: president obama's agenda is high, causing numbers to take a dive. take a look at this, poll numbers are not so good. according to rasmussen reports. 50% of likely voters approve of the overall job the president is doing and 49% disapprove. pollsters say this is a slightly low rating for a new president. take a look at the numbers when you break it down by party. 20% of republicans approve, while 84% of democrats give the president the thumbs up. then look at the third line, 37% of independents are behind the president. so what is president obama need to do? joining us scott rasmussen. democratic pollster, doug shone. we've been talking about the president's approval ratings and they have been slipping. health care reform obviously has not helped considering how long it's taken for this thing to finally get passed. now in the senate it sits. those who call themselves independents which are neither republicans or democrats are sort of slit here. the approval ratings coming from the independents is not very high. do you believe the president needs to shift left or right. i'm going to guess right? >> the answer would be shift back to the center, but the key is president obama won those independent voters by promising to cut taxes for 95% of americans. that was sort of a signal that he was not going to be a traditional tax spending liberal president. we had the stimulus package, takeover of general motors and chrysler, health care bill. people no longer believe that president obama is going cut their taxes. they no longer believe that he is governing from the center. >> the unemployment rate is 10.2%. it is climbing. i'm afraid to say we may see it go even higher like in california and arizona. it's as high as 17%. when are we going to see those unemployment numbers are coming down and that s that the sticking point? >> i don't think we're going to see to the unemployment numbers are going to come down soon. they could go well up. having been in the field polling in october 1982 when the unemployment rate went over 10% for the first time in a long time, president reagan suffered his approval to 577 disapprove. i think the numbers will go down unless he does what he knees to be fiscally conservative and emphasize a anti-deficit economy. we're not seeing that. what scott and i were saying, unless the president changes directions, his numbers will continue to fall. >> until recently president obama had been able to blame the former president bush for economic problems. recent polls show that no longer do americans feel that now we can blame the former president. in fact the percentage of respondents believe that president obama inherited the economic situation has dropped steadily from 84% in february down to 63%. this is the latest poll released by nbc "wall street journal". >> it's running out. right now, we have asked recently who do you blame more, president obama or president bush. some still blame president bush but the trend is moving in the other direction. by the time 2010 elections get here, in will be a majority saying, you know what, obama has been in office for two years, it's his responsibility and the unemployment numbers are causing concerns. you have to remember, president obama came into office, he went to congress and there are several priorities. he kicked them off from the beginning. voters have said deficit reduction was the most important. unless he can begin to resolve that and the unemployment numbers it's going to be a tough year for the president and democrats. >> so doug, let's talk about heath care. the house was debating on whether to pass it or not. it sits on the senate floor. only 57 votes in the senate for obama care. it seems that democrats are looking for a way out of voting for obama's health care plan. that is pretty much what they've been doing. what do you think about the democrats being split? >> i think they are split because they see the same polls that scott and i do. majority are against obama's plan and majority are against the public option. the deficit that scott suggested is a huge issue. it's undeniable bli likely to go up. so democrats particularly marginal democrats are saying they don't want to take a fly on health care plan without significant alteration and so far harry reid have not done on the consensus plan. >> i think what scott and you are saying. the president needs to move to the center and emphasize pro-growth, deficit reduction, orientated policies that the american people want the agenda that they voted for. if they get it they will move in the president's direction, but absent that, the president will continue to sink. >> julie: scott and doug, thank you so much. got to plug your twitter. >> twitter.com/rasmussen poll and we'll keep you up to date. >> julie: are you on twitter? >> scott can speak for me in this case. >> gregg: we've all seen the horrific cases of school bus bullying. here is student being beaten. you're not going to believe where else it's happening. inside the classroom, we're going to tell you about that coming up next. ÷÷÷÷÷÷÷÷÷ >> gregg: parents will find this study pretty dits turk. it looks like there is no safe haven when it comes to students being bullied. it's not just in the hallway or bathroom. american public association finds out more of our middle schoolers are getting bullied right in the classroom. join us is author of parenting solutions, michelle borva. thank you so much for being west. >> it is disturbing. >> it's happening at an earlier age now and intensifying. explain what bullying is and what are the signs? >> first of all, bullying is not teasing. that has three things. number one, it's cold blooded and intentional. it's always repeated. number three, there is a power imbalance so one child not being able to hold their own. it peaks around the middle school levels. what we're concerned about this, it used to happen mostly in unsupervised locations. now all of a sudden it's building up again and now what the kids are saying, 10,000 of them it's happening in the classrooms. >> gregg: five times as bad. why are teachers missing it? >> usually bullys, they do their best work when teacher's back is turned. number two, most popular kids and leaders in the classrooms are now the bullies and you used to be able to stop it base it was physical. this kind of bullying is more emotional, exclusion or a little bit of slurs, racial, homophobic kind of slurs with the teacher's back. >> gregg: how do we solve this? >> you take this and recognize as serious, it's the most under rated problem in terms of safety. two, we get everybody involved, from parents, to teachers to even custodians, knowing what bullying signs are. third you think how you are going to respond and step in and you have a good plan at your school site. you also, i think it's critical, to allow kids to respond anonymously. here is where i don't feel safe. >> gregg: get bystanders to get involved? >> 58% of are not the bully or victim. best result is helping kids learn how to step up without getting hurt. teach them some skills, give them permission to. what you discover you can actually have a bystander stop bullying within ten seconds because it stops at a lower level called a verbal stop. >> gregg: you've given us good ideas. it's important. thank you for joining us, michelle borba, thank you for joining us. >> julie: as we mentioned, president obama has landed in hang high. first visit to china. there are pretty unusual events. fox news is traveling with the president. we'll have a live report from shanghai, next. captioning by, closed captioning services, inc. >> julie: welcome back, everybody, the obama administration making major and controversial moves, towards the close sflur. closure of guantanamo bay. >> greg: welcome to a new hour of america's news headquarters, we have been reporting on the justice debt's decision to try these five suspected 9/11 terrorists, in new york city, among them khalid sheikh mohammed, the self-professed mastermind of the attacks. >> julie: now the white house is looking at a prison in rural illinois as a potential new home for dozens of detainees. we have fox team coverage of these developing stories, julie kirtz is monitoring events. in washington. and katrina sun is covering the action in chicago and first, karina, how do the people feel about this? i know economically speaking they feel it could be a good thing? >> reporter: right, that is exactly how they feel and it looks like everything is moving very quickly, giles. tomorrow, federal officials from the departments of defense and homeland security and the bureau of preference will be in thompson, illinois to tour the 1600-cell facility and the governor said today this is just a preliminary review, that the decision could take a little bit of time, and the correctional facility was opened in 2001 and currently houses 150 minimum security inmates and it is -- if an agreement is made the federal government would purchase the state-run facility and turn it into a supermax prison and lease space to the department of defense where we are told less than 100 of the gitmo detainees would be held and the president vowed to close guantanamo bay by january 22nd of next year but the self-imposed deadline may not be met. >> julie: thank you very much. >> gregg: debate over the president's plan to try 5 of the 9/11 suspects inside a new york city courtroom raging fast and furious, today, democrats largely defending that decision. and many republicans calling it a sign the obama white house is soft on terror, julie kirtz is live in washington with more on that. >> reporter: gregg it has been eight years and the decision will put 9/11 back in sharp focus for new yorkers and the entire country, rudy giuliani today, the mayor of new york city, on the day of the attacks says the move by attorney general eric holder is too risky and disagreed with the current mayor of new york and he says bringing the self-described 9/11 mastermind, khalid sheikh mohammed to new york is a big mistake. >> it would seem to me what the obama administration is telling us loud and clear is, that both in substance and reality the war on terror from their point of view is over and we will no longer treat them as if it was an active war -- act of war. >> the gitmo detainees have been accused of conspiring to finance, train and direct the 19 hijackers, who seized the four airlinesers and attacked the world trade center and pentagon and eric holder says he's on solid ground here and others in washington today said the federal trials will in fact make a positive statement to the world about american values and our legal system. >> when the foreman of the jury stands up and delivers the verdict, not empowered by religious fanaticism but a constitution, he will know he's lost and i can't think of a better group of people to judge the guilt or innocence and this punishment for these individuals than people in new york, who saw the towers fall. >> reporter: and, secretary of state hillary clinton, former senator from new york said she won't second guess the decision by holder and believes the suspects will pay the ultimate price, and when he announced the decision on friday, gregg, eric holder didn't answer questions about whether he had a backup plan for acquittal, he said he wouldn't okay the prosecution of a terror suspect unless he was confident of the outcome. >> gregg: but there are no guarantees in a civilian courtroom in america as we know. thanks, julie kirtz. >> reporter: sure. >> julie: president obama arriving in china, for the first -- third stop on the four-nation tour of asia and landing in shanghai, where he'll hold an american-style town hall with local college students. from there, it's on to beijing to visit his chinese counterpart. the president there, major garrett is live in shanghai and, major we will get to the president's upcoming town hall in a minute but, let's go over the meeting in singapore with russian president dmitry medvedev. any progress on confronting iran? >> reporter: well, the two leaders said there was progress, but, the reality is this, julie: the iranians have been sitting for more than a month now on a proposal they actually first suggested, to move enriched uranium out of iran and send it to russia and have it reprocesseden in france and have it sent back and the president calls it a noteworthy and necessary confidence-building measure but the iranians have not been willing to endorse it, holding ban on whether or not they'll go ahead with the russian and the u.s. believe is this bare minimum they could do to reassure the world and the international community their pursuit of nuclear energy is entirely peaceful. here's how the president phrased the talks in singapore with the cushion counterpart. >> we are now running out of time. with respect to that approach. and, so, i discussed with president medvedev the fact that we have to continue to maintain urgency and that our previous discussions confirming the need for a approach are still -- dual track approach are still the right approach to take. >> reporter: the dual track means, julie, sanctions. the united nations security council inspired and ratified sanctions or some other kind of sanctions in posed by member nations willing to cooperate with the u.s. and the russians are still generally speaking involved in that process. here is how the russian president, dmitry medvedev responded to president obama. >> our goal is clear in -- and is transparent, up-to-date, peaceful program, not one that would raise questions or concerns from the international community. we are prepared to work further and i hope that our joint talks will yield positive results against... and if we fail the other options remain on the table. to move the process in a different direction. >> reporter: now, julie, you have to always sift the different language. in september, the russian president, dmitry medvedev said sanctions against iran might be inevitable and didn't use the tough language in singapore yesterday. and that doesn't necessarily indicate the russians are backing off. but, the united states is always looking for the most forceful language it can in public from russians and got less of it yesterday than it did in september. >> julie: major, what about a new deal to reduce nuclear warheads and delivery systems? any progress there? >> reporter: well, the white house says there was, but here's the harsh reality. yesterday, or rather two days ago in tokyo, the administration said there was no need to look at some sort of secondary agreement when the existing nuclear arrangement between the two countries expires on december 5th. yesterday, they said they will have to do that. why? because it is now fundamentally clear the united states and russia are not going to have a new treaty signed by december 5th when the existing treaty expires and the president said there was progress and he's hopeful and let's listen to the president. >> president barack obama: i'm confident that if we work hard, and with a sense of urgency about it, that we should be able to get that done, and i very much feel that this -- both sides are trying to work through difficult technical issues but are doing so in good faith. >> reporter: the president said that it is his hope that with that sense of urgency, things should work out, and the reality, julie, is things are beginning to bog down with the russian and they are pushing back on technical issues as far as verification and how to count warheads to be taken off the stockpiles, how to count delivery systems that will be take out of the stockpiles, all those issues are behind this scenes being worked out and we asked the white house officials what kind of specifics were in progress with the chief and they said they didn't want to go into it and why, we asked, because the russians, they said don't want us to talk specifics in public. that is the white house answer. >> julie: major garrett live in shanghai, thank you very much, major. >> gregg: a militant -- militants targeting anti-taliban figures in pakistan. they staged a pair of attacks in the tribal area of south waziristan today killing one of their intended targets, blowing up part of his house and the pakistani military has been in listing tribal leaders set up militias to fight the taliban and militants in the area are striking back, killing roughly 300 civilians, and security personnel. in the last month alone. the "los angeles times" is now reporting the cia has forked over hundreds of millions of dollars to pakistan's intelligence agency, the so-called ifi. now, that agency was recently targeted by the taliban, for assisting the united states-led war on terror. and the payments are a hidden stream in a broader financial assistance package, $15 billion, the u.s. has given pakistan over the last 8 years. and, despite fears that the ifi is ripe with corruption, one former cia official assures "the times," this is money well spent and joining us to talk about it, former covert operation officer for the cia, mike baker. good to see you, the cia has a history of funding all kind of covert operation and quite frank i would have been surprised and maybe disappointed if it wasn't happening and what is surprising is it got leaked. loose lips here. >> yes. the most disappointing part of this story, coming out, is yet again, people with access to classified information, and, to covert operations, acknowledge -- seem incapable of keeping their yap set and with the covert information and people with access to the information, and talk to the press, interest goes the covert side of it. -- there goes the covert side of it. but the cia and the isi have a long history, particularly back to the late '7s so, 1979 when the soviets moved into afghan and i started working with isi as a critical part of the effort to get the soviets eventually out of there. but, in a sense, you would look at the money the cia gives to the tijs serviintelligence serv work they do as an extremely good return on investment, based on as you pointed out the total amount that is given to pakistan, for a variety of other reasons. >> gregg: right, civilian and military aid and one former cia official said about this, i'm quote, they give us 600 to 00 people captured or dead. you are right, that is a really good return and, in fact, i mean, this is just, my good old-fashioned kind of wild west bounty hunting. you know, you tell us where the bad guys are and we'll give you money and then, we launch those predator drone attacks to kill the bad guys, right. >> right. i mean, we would have not had anywhere near the number of successes in counterterrorism we have had the past ras years without the involvement of the pakistanis and i know they've taken a lot of the heat because they say, well, they have other agendas and some members of isi are too close to the taliban. well, look, every country, us and everyone else, acts according to our own best perceived self-interest. if we want pakistan to act according to our own interests, as opposed to theirs, we have to motivate them and that is the way the real world operates. and so, if anyone comes out and are outraged by the fact of the cia working with the isi, and providing them with funds, to help us in our perceived self-interest, they are not living in the real world. >> gregg: a minute left. here's what worries folks, i think. and that is, that, look, there are rogue elements of the isi, and they -- as everybody knows and, you know, there -- a lot of them are sympathetic to the taliban and try and undermine efforts in the region and one worries whether our own money will be fund to those rogue elements, and them, used to purchase things to fight ourselves, our own money is work against us, in other words. >> sure and if we wanted to have 100% guarantee, that that would never happen, we might as well turn the lights off and go home. because, you know, again, unfortunately, nothing is ever black and white and yes, we have always had some concern over some elements of isi and where their agenda and motivation is and overall they are taking a lot of heat an suffering a lot of casualties, working with us, on our behalf, against the taliban. so, you know, quite frankly it's painful to watch people starting to criticize the pakistanis and now i'm sure getting the news about the agency, will surprise and create yet again more outrage. >> gregg: and we cannot send an american accounting firm to conduct an audit to make sure it doesn't fall into nefarious hands. can't do that over there. mike baker, former cia covert officer, thanks so much. >> sure, thank you. >> gregg: julie. >> julie: the obama administration take a tough tone with afghan leaders on a sunday political show, secretary of state hillary clinton said afghan president hamid karzai can and needs to do more to clean up prupgs krpcorruption i country if he expects more aid from the u.s., listen. >> there does have to be action by the government of afghanistan against those who have taken advantage of the money that has poured into afghanistan in the last eight years, so that we can better track it and we can have actions taken that demonstrate this there is no impunity for those who are corrupt. so, we are going to be doing what we can, to create an atmosphere in which, you know, the blood and treasure that the united states has committed to afghanistan, can be justified. >> julie: president obama has been weighing whether to send more troops to afghanistan. sources say he's expected to make an announcement on that when he returns from his trip, to asia. >> gregg: can you feel it? that blast of weather blanketing denver, colorado, in snow? look at that. up to two feet falling in some areas. the storm periledizing traffic, cancelling -- paralyzing traffic and cancelling flights and causing accidents on the road way, winter storm warnings remaining in effect for eastern colorado and forecasters say the temps will stay well below freezing until the system passes by, joining us live, accu-weather meteorologist joe bastardi. hi, joe. >> turn around is not fair play in denver and going for a period of indian summer in the wake of all the cold and snow in october and now they have it again and good news for you folks in denver, my winter forecast is right... you will probably have less snow in the heart of winter, december through february than what you have had here because you already had over 30 inches of snow in and around denver and you can see, the close-up here, the storm is really blasting away. and the air mass is coming in, though, is specific in nature and the whole week the jetstream comes into the west and this western part of the country has the nasty weather and the stuff in the east and the east remains mild and they are switching around next week and by the time we get to thanksgiving and beyond, it will warm up in the west and turn cold in the east, now, if you wonder what happened to ida, what is left of it is way out here, and we're keeping an eye on it until it is completely gone and there may be a many nor'easter up the eastern seaboard, wednesday and thursday and look at our winter forecast and this is what i want to point out, what is going on in denver, not much, but the eastern part of the u.s., it may be a seen for noreasters, which is not good, given the fact we stripped a lot of the beach away. gregg. >> gregg: joe bast -- bastardi, a little audio flutter, but we got the gist of the report. >> julie: shaniya davis is missing and her mother is accused of doing the unthinkable. we'll tell you what police say she may have done to her board and the hero mayor makes a major announcement. mayor tom barrett of milwaukee injured over the summer when he came to the rescue of a woman being attacked is recovered and is ready to take on a bigger role and we'll tell you what it is, next. yg;wwgkóçó37wcwówg'çówóçoo >> gregg: now the stories making headlines this hour, palestinians say peace talks with israel are going nowhere. so, they are going to ask the united nations to endorse an independent palestinian state. at a summit in jerusalem today, israeli prime minister benjamin netanyahu saying his government will respond with its own unilateral steps, if that happens. to the obama in shanghai beginning his first-ever visit to china and global warming and north korea's nuclear ambitions, expected to top his agenda. and the smooth count down for tomorrow's shuttle launch, atlantis, set to blast off from kennedy space center, 2:28 p.m. even and taking spare parts to the nearly completed international space station and forecasters say the weather looks good, for the launch. >> julie: is not far from ground zero, 9/11 mastermind, khalid sheikh mohammed and other 9/11 suspects will be tried for their alleged role in the worst terror attack in u.s. history and while some people are praising the move, critics are condemning the administration's decision to try the terror suspects in civilian court with the same rights as u.s. citizens and a member of the house homeland security committee, new york congressman pete king, said this, on fox news, earlier: >> the obama administration either wants to deny we were at war or somehow want to put liberal gloss on what they are doing here. all of these measures, they are taking, are terrible defeats for us. we have to realize we are at war. and when you are at war you don't confer constitutional rights on your normallies. -- enemies. >> julie: joining us live is fox news contributor michael goodwin, always good have you on, rudy giuliani, the mayor of new york on the day of the attacks, strongly disagrees with the current mayor of new york mayor bloomberg. he says the move made by the attorney general is too risky and bringing the self-described 9/11 mastermind khalid sheikh mohammed is a big mistake. why do you believe it is a mistake. >> fundamentally, there are three reasons why it's not just a mistake, but madness, the detainees do not deserve constitutional protection and the presumption of innocence and don't deserve their own discovery process and don't deserve all of the protection we put in to make our criminal justice system fair, this is war. this is not a criminal justice matter. so -- and the second reason, really, is that what it will do to lower manhattan, it will turn it into a fortress and the prosecutor, the judge, the jury, the agents, witnesses, everyone will need incredible protection, some of them for years, downtown will become as i say a fortress, businesses will probably have to go out of business and it could go on for years and our intelligence sources could be compromised to the discovery process and the defendants will use our system to their advantage, to spread their propaganda about jihad and you put that in there and it doesn't work and finally i do believe, along with many others, that new york city will be under attack because of the trial. it is a perfect reason for them to want to attack new york and wreak vengeance and is the wrong place tor a civilian trial and they do not deserve the trial and i say in my chicago, only half joking, put the administration -- if the administration believes that, put it in chicago, their home town and see how they like it. >> julie: are we giving the conspirators what they want, bringing them here and treating them like you or i would in a -- an american court. >> khalid sheikh mohammed and the other want death and we should take yes for an answer and they've agreed and don't deny what they did and boast about it and to give them a fair trial in the american sense of the word is madness and i begin to think, as pete king did, the notion of a liberal gloss, almost as though eric holder and barack obama, by the way, who could have stopped this, barack obama and eric holder, want to prove to the world something about our american justice system. i don't think the world really doubts our american justice system. i happen to believe barack obama and eric holder seem to have the doubts. they are the ones apologizing. we have nothing to apologize for and these people are beasts, they do not deserve the presumption of innocence or any to the constitutional protection. >> julie: what do you think of the daily news id tor which criticized the decision to have a civil trial and supports the idea of trying these folks here in new york city by arguing vengeance is our? >> well, look, daily news is my old employer. and i have a lot of friends there but i think that is the wrong approach and if you disagree with civilian trials, you cannot argue it should be in new york, if there is going to be one. there doesn't have to be one. it should be on a military base. it should be a military tribunal which past presidents have used, which george bush used and which barack obama is using, on other defendants, the arbitrary nature of selecting these tfts and bringing them back to new york and arguing that, well, they committed the crime here, that is the point. it was not a crime in the usual sense of the word. and it was an act of war. we are at war, you do not give constitutional protections to your enemies at a time of war. >> julie: do you agree with congressman king that the obama administration is a -- has a pre-9/11 mentality when we're at war as you said? >> well, look i think what they are trying to do is to effectively nullify the war on terror. i don't know if it is so much a pre-9/11 mentality or a post 9/11 world and it's not a post 9/11 world. what happened on 9/11 was the ultimate manifestation of a war that has been going on for a long time and we weren't fighting it until 9/11 and didn't accept it was a war until it was thrust in our faces at ground zero and now we robbing -- recognize it and to ignore that the other side is at war and we're not, sets us up for great loss in the if you have. we cannot take our pedal off the offensive machine here, we really have to keep moving forward, against these guys and not wait for them to attack us again. >> julie: i'll leave it at that. michael good win, thank you very much. >> gregg: a north carolina woman facing accusations, unbelievable, that she sold her five-year-old daughter into prostitution. antoinette nicole davis is facing a number of charges, there is her mug shot including human trafficking, and making a false report to police. authorities say davis lied when he reported her daughter shaniya davis missing from their mobile home community in fayetteville, north carolina last tuesday and her boyfriend, mario andretti mcneil is charged with kidnapping shaniya davis and at this point an amber alert remains in fact. there is no sign of the little girl and davis is expected in court sometime tomorrow. >> julie: so i don't know if you are a garbage-picker. but, is there money buried in your garbage can? >> gregg: not a penny! >> julie: i'm going to check mine. apparently a new program is getting people excited over their trash. and it is catching on, all across the nation. are you a garbage picker. >> gregg: i never heard that term! >> julie: well, we're going to... sort through my trash and see if we can find money and we'll explain what we are talking about, next. ♪ [ female announcer ] arthritis targets your body where it's weak. where it's vulnerable. ♪ tylenol arthritis works with your body to block the pain, without interfering with certain high blood pressure medicines like aleve sometimes can. ♪ so you don't just feel better, you feel better knowing doctors recommend tylenol more than any other brand of pain reliever. ♪ >> julie: the bottom of the hour and here's what is topping the news now, israeli prime minister benjamin netanyahu threatening retaliation if palestinians declare independent statehood. and he made the comments at a forum in jerusalem today saying the move would unravel existing agreements with this israelis and palestinian officials say they are preparing to ask the united nations to endorse an independent state. back leash, about putting 9/11 plotters on trial in new york city and rudy giuliani telling "fox news sunday" it seems to reflect a, quote, overconcern with the rights of the terrorists and a lack of concern for the right of the public. >> julie: and president obama arriving in shanghai today, for a three-day visit to china. it is the president's first trip to china, where he will meet with chinese leaders and hold a town hall discussion with chinese university students. >> gregg: the peace conflict taking precedence at the forum in jerusalem during a high-level gathering of current and former world leaders, israeli prime minister benjamin netanyahu saying there is no alternative to negotiations for securing peace. his comments coming on the heels of the palestinian request for a u.n. resolution to declare unilaterally independent statehood, aye a move israel says will unravel existing agreement. we are joined now live from jerusalem and a pretty important address by benjamin netanyahu today. tell us about it. >> reporter: it was indeed, and it was in hebrew, first off which set off some questions here, could he be directly addressing the israeli public despite the fact it was a predominantly english speaking crowd at the hotel tonight. also, there was president bill clinton who told the israeli public to try and give the obama administration a fair shake. he also said that it was very important to push forward with peace talks. with the palestinians and as you said the speech with israeli prime minister benjamin netanyahu who responded to a palestinian planned first reported by fox news saying this palestinians intend on going to the united nations to soakeek a resolution for palestinian statehood. >> first thing i want to say is you shouldn't think president obama is your enemy and i hope to goodness you know hill lar is not. you can't change the geography and can't change the demography and the trajectory of technology is not your friend. you need to get this done. >> translator: there is no substitution for negotiation between israel and the palestinian authority and any unilateral attempt will unravel the existing agreements between us and could only lead to unilateral steps by israel. therefore, the only way to achieve peace, is by resolving the issues around the negotiating table. >> reporter: netanyahu said by dismantling iran's nuclear program is could lead to more opportunities for middle east peace. back to you in new york. >> gregg: live in jerusalem with the big story there, thanks so much. >> julie: how would you like to earn cash for your trash? a new program is in cities, to do that giving homeowners a chance to turn recycling in to gift cards and coupons, laura ingle is live in our newsroom with more. >> reporter: it's an idea that is working in buys ways across many cities in the u.s., turning in your recyclables for cash has been going on for a long time as we no but-the recycle truck comes to you, and is recycling -- it makes recycling easier which is this point to the program and the recycle bank is a company that uses single stream recycle and is a system adopted by many cities large and small and the program, each bin has an electronic i.d. tag and upon collection, the recyclables are weighed and the more trash you have the more points you get, to redeem things like dinner coupons and school supplies and gross reece. and cities like cherry hill, new jersey have embraced the program and are seeing rewards of its own. >> we have saved probably close to $800,000 in tipping fees. and incinerator fees. and all of that money we have saved is going back to the taxpayer, because, we have reduced taxes, this year by 3 cents and i'm proud of that, because, most communities are raising taxes. >> reporter: with opportunities for freebies there are sometimes scammers that pop up which is reportedly happening in cherry hill. there is word some people are weighing their trash bins down with wet newspapers an bricks and other heavy items to get more point but for the people who are using the system correctly there are many benefits, to scoop up. >> easy, it is huge. i put it right outside the laundry room door, it is an every day thing, it cuts down on my trash im measurably and we have a come paeshting and between that and recycling i ham town to half a trash can a week. >> reporter: you may not have it on your calendar today but today is america recycles day, a nationally recognized daytona courage us to pull the cans and bottles out of the trash and put them into the recycle bin and buy recycled products, put it on your calendar, make note of it. >> julie: laura ingle, thank you very much. >> reporter: julie, thanks. >> gregg: milwaukee mayor, hero mayor, barrett who was hailed a hero over the summer wants to be called governor and officially announced his candidacy for wisconsin's top seat this afternoon and you may recall in august he suffered serious injuries to his hand, head and face, i mean, he jumped into protect a woman from a tire iron wielding man, during a domestic dispute at the state fair, and today, barrett said, now that he has recovered he wants to help wisconsin with its economic recovery. >> we as a state are confronting serious economic problems. our families, our neighbors, our friends, continue to lose ground, and our state's collective anxiety is high. it is time to pull together, to create jobs and get our state's fiscal health in order. that is why i'm running for governor. >> gregg: he's the only democrat in the race, thus far. running to replace the out going democratic governor, jim doyle. >> julie: acorn is back again, one of your favorite topics ther scandal rocked organizations, sparking national outrage and being stripped of federal funding after videos like this woman, remember -- >> gregg: who can forget that. >> julie: the pimp and the prostitute. >> gregg: yeah. >> julie: after the video surfaced you will not believe who the left wing group is going after, now. they are suing. >> gregg: that's right. here's the tease for you. bill of attaineder. remember civics in 8th grade? we'll quiz you on that and our legal panel, coming up next. ún t the latte budget under control. mm-hmm. 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[ steam hisses ] why use more when you can use less? bring it. with bounty. the thick quicker picker-upper. and try bounty napkins. now with new prints. >> julie: yet another twist then acorn sag g and does not involve a pimp and prostitute, the organization coming under fire recently for undercover video, showing employees telling actors, posing as that pimp an prostitute, how to evade taxes, and, well, set up a brothel. >> gregg: well, now acorn is filing a lawsuit against the federal government, they want to overturn congress's decision to cut off its funding after the video surfaced, acorn's attorneys say the legislation is a unconstitutional bill of attaineder. and let's bring in our legal panel, defense attorney joey jackson and former prosecutor paul cowan, professor of media saw at seton hall university. okay. bill of attaineder, essentially a bill by congress that imposes a punishment on an individual or specific group. joey, this is not a bill of attaineder, is it. >> it absolutely is not. maybe i should sue congress, they haven't paid my mortgage lately and the reality is, it's an organization that is certainly engaged in fraudulent activities and lost the support of the public and lost the support of congress, and definitely, and the reality is this, gregg, on the legal issue of a bill of attaineder, if you can establish a non punitive purpose. >> gregg: a nonpunitive purpose, don't squander the taxpayers' money by giving it to an organization under indictment. >> going after acorn is like shooting fish in a barrel, so you think but congress messed up with the legislation, they have singled out an individual organization and tried to punish them and it is bail of attaineder. a bill of attaineder is the legislature saying we'll pass a special law to put you out of business. and gregg jarrett, we don't like your political opinion and we'll punish you by legislature without a trial, that is a bill of attaineder. >> julie: congress isn't obligated to fund any group, a group like acorn and so if congress decides to remove funding for whatever reason, in the case, the pimp and the prostitute, my favorite video of the year they have the right to do so and where will you argue, acorn has an actual suit here, that the legislation is un-- unconstitutional. >> you are right. they can withdraw funding, however in the case, what they are doing is taking the huge national organization, and they are withdrawing all of the funding from the entire national organization, because of individual chapters with problems and let's say, for instance, the roman catholic church, catholic charities, there was a problem in new york and cleveland, and congress said, we'll withdraw all funding from the catholic church. do you think it would be okay. >> here's the reality. the reality is -- >> you are silent, julie. >> julie: i'm letting joey respond. i will let joey jump in. >> you are right on point, congress is under no obligation, whatsoever to fund any specific group, congress represents the will of the people, the will of the populous and when there is an organization who is misappropriating federal funds and engaging in fraud and misrepresentation, they not only have the right but an absolute obligation to withdraw the money. >> julie: and therefore the catholic church is misappropriating funds congress has every right to remove them, same difference. >> i disagree, because, because, in cleveland -- i think that in fairness, and by the way, i am no big supporter of acorn and what they did was horrible but if you are going to withdraw funding do it the right way and look into congressional hearings, and individual programs, and if there is fraud, pull back the funding and instead they've done something political let's take away their funding nationwide. >> julie: here's why it's not a bill of attaineder in addition to a nonpunitive purpose. look at the language of it, and it says we'll defund acorn and, quote, and other group under criminal indictment so you are not targeting just account and therefore is not a bill of attaineder. >> without question, the fact of the matter is, gregg, the legislation is word in such a way that it not only specifically references and targets acorn, but in addition to that it look at any other organization who is engaging in ill legalities as they are alleged to have engaged. >> let me jump in, that is an excellent point you raise and why i think the legislation is so messed up. this stuff, this legislation says, any organization that has been channeling with breaking federal and state laws, lobbying disclosure laws, it's, that is what the legislation says and that means that any member of the military industrial complex could be put out of business. >> gregg: but they are not under indictment. >> know, how about groomenson, charged with crimes -- >> gregg: in the past, this is currently under indictment, what it says into the legislation is so botched, any organization that has charges pending against them, congress has to withdraw funding and what will they do, withdraw funding against every lobbyist, they blew it. >> congress has the ability -- >> whether constitutional on your constitutional. and congress defunding is constitutional. >> if you do it the right way. but here, they either get a bill of atarnd on the one hand or drew something up that is so broad you cannot -- >> gregg: they said we'll not give public money to criminals, or indicted accused criminals and... >> they've been doing that for year! >> why stop now! >> and this is a constitutional measure and i think congress has an obligation to do, and acted in the right and appropriate way and, nobody -- look, even if they did win this, gregg, you cannot force congress to fund anybody. >> you cannot force them to renew it but the courts will look at this and have problems with this and will be rewriting this legislation, they tried to do something... >> gregg: constitutional. >> they blew it. >> i have a but of advice for acorn, file a lawsuit against the federal government don't hire the center for constitutional rights, it was the radical lawyers group he cofound and if you are mainstream and acorn wants to be, you cannot hire them. >> give me a call, i'm available. >> you can defend anybody, paul! after today! thanks, gentlemen. >> gregg: good job, paul, uphill battle. the h1n1 virus impacting everyday life in so many ways, people are doing all they can to avoid the virus, even lawmakers pitching in and trying to guarantee sick pay for workers who fall ill but will the efforts fade away when the epidemic passes, if it passes, next. ÷÷÷÷÷÷÷÷÷÷÷÷÷÷ >> gregg: the h1n1 epidemic is not only affecting those who catch the virus, society as a whole seems to be adjusting to the thing and we are not talking about hand sanitizer or coughing into your sleeve. >> julie: 15 states are now debating bills, from manned -- for mandatory paid sick leave and commercial airlines, easing up on flight change fees rather than have sick passengers on board. and welcome changes to many but will they stick around, after the epidemic fades? dr. dennis goodman is clareningclarening -- a clinical associate professor at the fact is we are scared and when we are scared we are reacting so much so our behavior has drastically changed. especially since these numbers of deaths, due to h1n1 continuing to climb. is that a good thing. >> well, i think, i want to take you back, into history and 1847, there was a guy who was an ones stifrn and i want to -- obstetrician and you realize, in the hospital, 20% of them died when they were delivering in the hospital, 1% were dying outside. and, this was before we had germs an understood we had them and didn't identify them. >> gregg: doctors and nurses were not washing their hands. >> exactly and the reason i brought the point out, julie, is people... there was a man who mandated nurses and doctors wash hands between delivery and death rate dying from having a baby dropped to 1%. why bring that up? socially at the time, what actually happen is there was a huge change in the death rate because people realized that germs are a factor and so, to answer your question, what is happening, people are much more aware. and there are two or three good things coming out of this. people are aware of ways to help prevent the spread -- >> gregg: beyond washing your hands, talk to us about prevention. >> a couple of things, if somebody is sick at home, avoid contact. the other thing is, don't touch public areas, and put your hands into your mouth and, a subway or a bus, don't buy something at a stand and eat it without washing your hands. that is important and talk about this vaccine and when this vac is available, if you can get it, it is available and you are at high risk, get it and speak to your doctor and he'll tell you if you need it and another important thing is stay at home and keep your kids at home. >> gregg: wait, some workplaces don't pay you, if you don't show up for work. >> i tell you, that is a huge problem and obviously is an issue and i saw a study, 30% of americans will go to work anyway. >> gregg: because they have to, they have bills to pay. >> they cannot afford to lose the income. >> julie: why 15 states are mandating paid sick leave and the airline thing is interesting, because, whenever i get on a plane i next day have the sniffles and jerls an end this air borne-filled, i don't believe -- >> gregg: guy next to you coughing the whole flight. >> julie: a plane is the worst germ infested cabin that you can put yourself on and when you are feeling sick you will not, you know, toss out your airline tickets, a lot of them are not refundable and you'll lose your money and it should go through immediately and the air fare should be refundable if people are feeling sick and it could save lives. >> and it is happening, and if you look, they are saying, if we keep you off a flight we'll refund your money and if you have the doctors certificate to say you may have flu they'll not charge you and i think it is very very, important that you look at that and look at the airlines that are doing that and talk about one important thing, the best way to prevent this, is keep yourself healthy. i'm a cardiologist -- >> gregg: exercising and eating right. >> keep your immune system healthy. a substance, immune power, helps boost your immune system and it is very important we try and focus on -- avoid getting flu in the first place. >> julie: doctor, thank you very much. >> thank you. >> julie: for coming in. >> gregg: coming up, top of the hour, rudy giuliani speaking out on the 9/11 trial decision, and what america's mayor is saying now about the suspected terrorists being brought here to new york. we're back in three minute. quality and reliability... are more than words here. it's personal. i have diabetes. rodney's kid too. so we're so proud to manufacture... the accu-chek® aviva meters and test strips... here in the u.s.a. plus, we've proven you'll waste 50% fewer strips... when you use our meter, which means greater savings... for people with diabetes, like me. now that's a true american value. accu-chek® aviva. born in the u.s.a. >> julie: welcome back, everybody i want to play a little numbers game. i'll put up a pictures, and then you will tell me how many people you see in the picture. can we throw up the picture. >> gregg: i see two people. >> julie: two? wait. >> gregg: wait a minute. there is somebody behind there. >> julie: wait, no. wait. unfortunately, we don't have a head-to-toe shot, if you looked closer. >> gregg: i would see what. >> julie: three, three people, that would mean... you tell them what it means, you know... >> gregg: you are with child, you are pregnant? >> julie: i am. i am, i am pregnant! i am beyond my first try moster and you have known, already and he's had to deal with so much, this man. >> gregg: a co-pregnancy relationship. >> julie: we're having a baby, he's not the father, and andrew