explosives found inside that nissan path finder and watching hundreds of hours of security tape. bill: so far there is no arrest and no reason as to why the attempted bomb did not go off. what do we know from the hundreds of camera recordings and what is coming to us now? >> reporter: let's talk about the video you're talking about, that could be a significant development. we're talking about surveillance cameras, a man seen changing hes cloits by where the nissan was parked. there are hundreds of hours of tape that authorities are looking at, you can see the vehicle as it arrives in times square, when it was parked in times square. beyond that new york city police have traveled to pennsylvania to talk to a tourist that was there the night it was parked, he may have seen the suspect, also video at penn station, as well as the bugs station here, thinking they may get a glimpse of the suspect as he left towfnlt there's a great deal of videotape still to be looked at and that could provide significant clues, examining this investigation, bill. bill: that is one piece of evidence there. the other leads they're following are what that we can report now? >> reporter: well, most significantly is the fact that the authorities have in their possession this nissan path finder suv. this is the greatest clue they could have, perpetrators of the ability thought it was going to be blown up, authorities have the incendiary device, the graphic that shows you the device, the po pain tanks, the gasoline, the fertilizer type substance, these are clues that are being look at for the just for fingertips but dna and other forensic evidence that could lead them to this failed bombing. bill: thank you, david lee. there are new discoveries and david lee that going to go through awfully them. he is the hero cop who led the massive evacuation of times square after finding this suv rigged to blow, officer wayne ratigan, there he is in a moment, he'll be with us in a few moments telling us what he first saw saturday night at 6:30 in the evening and his three kids at home as they awaited for him to arrive, 9:00 in the morning the next day. wayne ratigan is on deck today here in "america's newsroom". uma: more than 100 obviousels working along the gulf coast at this hour to clean up the spreading oil slick, the feds restricting fishing in the area for ten days. president obama visiting the region last night to get a close-up look at the cleanup operations. officials now saying up to 5000 barrels of oil may be leaking into the gulf every day. cleanup crews are using chemical dispersement toss break up as much of the oil as possible under water before it can reach land. trace gallagher is joining us live from venice, louisiana with the very latest. trace, we know that the weather is a huge factor in this operation. how is it today? >> reporter: yeah, weather is really half the game. the weather has improved. it doesn't look like it here in venice, louisiana, but the weather has drastically improved. the rain is still coming down lightly, but the big key here is the wind has stopped. i want to kind of show you if i can, this is a tiger pass, an inlet that goes out to the gulf. if you looked back 24 hours, you would have seening in but white caps here. that's kind of the same gay it's -- way it's been on the gulf. now the wind have died down to 8-10 miles an hour, swales at 2 feet, that gives them a great deal more latitude on how to attack this oil. in fact the wind has been so bad over the past 24-48 hours, the president could not fly over it yesterday. the oil slick. and he hasn't been -- they haven't been able to get a good enough fly over to actually see how close the oil is coming to the shoreline. there are some estimates that all of that boom, those supports around that oil, trying to corral it, is some # 50-70 percent of that boom has been broken up by the waves but now that the weather has died down, mentioned commercial fishing in the gulf has been suspended for the next ten days, well, the fishermen are getting in on the act to try to corral this oil, to stop it up, if you will, they're sending out fishing boats, commercial fishing boats, agreeing to work with bp to go out there and distribute the booms around this oil slick. weather is the key factor. if it stays good, they've got a chance to try and get at least a reasonable barrier around this oil in the next 24-48 hours. uma: the first goal is to shut off the situation at the source. how is it going? i know it's been difficult. >> reporter: it is, it's extraordinarily difficult. what they're saying the best bet might be, in the next four or five dairgs they're going to try and build this box, it's like an underwater dome made of metal and concrete and the idea is to drop that dome down 5000 feet, and then you would trap all the oil in that box and it would siphon the oil out, but that's not going to be ready for at least five or six days to try. bp is also in the process of trying to drill another well, kind of a relief valve, if you will, thaw that's 60 to 90 days away. in the meantime, they're still going after this wellhead and the pipe with these robotic submarines, remote control robbiotic submarines but as the coast guard said, it is very tricky. listen. >> we are still working hard on the blowout preventer to see if we can acu ate this piece of evidently failed equipment and as you can imagine this is like doing open heart surgery, at 5000 feet, in the dark, with robot-controlled submarines. >> reporter: just imagine if you will trying to control that submarine to flip those switches and what would happen, if they could trigger that blowout valve, it would not stop the three different leaks down there but it would at least shut the pressure down a little bit so they could at least ease the flow a little bit, uma. uma: it's a very delicate operation there. we keep hearing the word dispersing. what is this and how effective is it? >> reporter: you're going to hear the word dispersent is lot in the coming weeks because it is a fight be methods and what it does, it disperses the i. think of it as you will like joy dishwashing liquid. you when you have a sink that has oil in it, you put joy on it and it breaks up the oil, that's what it does, it uses the chemical to break up the oil in smaller pieces so it can be degraded by natural bacteria. the other key in that is they're sticking this dispersant in a pipe, as it goes out of the pipe, they're going after it. they've had success with that. it's being used by planes, and right now, it's been at least mildly effective. uma: let's hope it has an impact overall and makes a big difference in the end. trace gallagher on the front lines, thank you very much. bill: we're going to talk to head of bp next hour, top of the next hour, a lot of the same questions coming up, figure out where we are on a monday with that. the total bill for this massive oil spill could exceed billions, not to mention the long term effects it could have an gas production. what kind of impact would we see? stuart varney, tis the season to pump it up, anyway, stu, the impact, is it being felt now or not? >> what you've consistently heard this week, starting with this morning, is worst case scenarios and a lot of money managers who are really ringing some serious financial alarm bells. the theory is, look, they haven't capped the well, the oil is still spreading, the impact will be enormous, not just the cost of the cleanup but the impact on the overall economy. we already know that tourism, travel, hotels, fishing, all badly affected. just as the summer season gets going, right over a vast area. i've heard talk this morning that the impact is so great in lost business that it could push america into a double-dip recession. that's the worst case scenario that's being talked up this monday morning. certainly $3 a dollar -- $3 gasoline looks to be a certainty, we're at two-point # on, $3 is around the corner in part because of this gulf oil spill, and bill i suggest you keep an eye on a place, fort fourchon in louisiana, a great deal of america's energy supplies, 17 percent comes ashore from the gulf. it is threatened by the oil spill. if it were to have its operations closed down completely, for example, that's a billion dollars a day in lost economic activity. that, again, is the worst case scenario. that's the scenario we're hearing a lot about financially this morning. bill: just one thing, double-dip recession, how high would gas have to go to threaten that? >> it would be lost business, not just high gas prices but totally lost business. think of that vast area of beach, resorts, hotels, restaurants, the fishing industry, all around the gulf, from florida, alabama, mississippi, louisiana, texas, all of those people, countless millions, affected with lost business. you take that out of the economy, it slows the economy. again, bill, this is the worst case scenario. bill: we're not there yet and ho we don't go that way. stu varney, 9:20, at fbn, check it out, thank you. here's uma. uma: we know a lot of you are following this story online or from the fox news app or your iphone. check out our special section on the ail spill, take a look a. complete resource on today's development, along with everything that we've reported to date, plus, more images of the spill you will not see on television. log on to foxnews.com. bill: unless a moment here, we're going to get back to our top story, uma, a man hunt for the person responsible for planning a car bomb in the heart of manhattan. we will talk to the hero cop who led the times square evacuation efforts on saturday night. literally, taking hundreds if not thousands of people out of harm's way. wayne ratigan is with us in three minutes. >> everything happened so fast. there's not time to be squared. trying to get the people out of here, time to start a perimeter, everybody back and things start going from there, and you don't -- training kicks in, everything we've been taught over years of, you know, all these training sessions we go to, you know, it just kicks in and it's second nature. bill: so we have a story now, the hero of new york city, the police officer who sounded the alarm late on saturday night, started evacuating a packed times square, only moments after learning that smoke was pouring out of a suspicious vehicle. the nypd police officer, wayne ratigan, is with me now and sir, good morning to you! hats after to you, my friend. >> thank you. bill: i know you're getting a lot of attention that frankly you're not in the job or the business to get this kind of attention, but you and a few others may have saved a catastrophic situation from unfolding in times square on saturday night. i just want to recreate the moments here, okay? it's 6:30 in the evening, you know how warm it was on saturday, the city was packed, the sidewalks had literally thousands and thousands of people throughout the entire city. you are notified by a street vendor who sees what coming out of an suv pathfinder? >> as i was walking downtown, he comes up to me and tells me the car over there is smoking. first instinct is it's probably a car fire. so make a u turn, walk over there, about 20 feet from where he notified me, see a pathfinder, the smoke, whitish gray smoke coming out of the rear panel. bill: so this wasn't the exhaust pipe, wayne, right? >> no. bill: it was coming from the trunk or a window or what? >> on the panel's vents on the side of the truck, for ventilation. bill: i got you. at that point, you're thinking what? i'm suspicious? or what do i do? >> car fire, seen them before, you know, i mean, they're common, and so i look around, i look in and i see the ignition is on, the hazards are on, it's kind of parked haphazard less, most people know if you park like that in new york city, you're probably going to get a ticket or towed. the keys are in the innition, no -- ignition, no one is going to leave a car like that, so i walk around the car, my partner was also with me, we're looking at the truck and i go to the back and i look at the smoke and i kind of smell it and it smells like gun powder. i go this isn't a cigarette in an ashtray, something is up with this. so i realize it might be a little more than a car fire here. i looked inside, the car was very disheveled, i asked a couple of the vendors, did you see this guy's car, and they said -- they park sometimes by where they sell the goods and they're like ah, we don't know whose it is, and then, you know, you start going up the ladder, okay, no one knows who this car is, car is here, it's smoking, it sells like gun powder, put the variables together and it's like uh-oh, this is something more, 6:30, saturday night, this place is packed, thousands of people in the street, you know, kids going to shows, parents, walking around. bill: at that point, your heart starts racing. >> well, no, it's just like you know, it just kick necessary hey, something is up. there were two rookie cops crossing the street, i said guys, clear this area, this cay be -- may be a car fierks or something more, get everybody out, start backing people up. >> did people start listen to go you at that point? >> absolutely not! it was a little battle because everybody takes their cell phone out and wants to see what the guy on the horse is doing and spread out. after about two minutes, people started realizing hey, something is going on here, a lot of cops here, then we started, you know, trying to push people back, more and more i got got the radio, notified the fire department we got a car that's possibly going to blow, it looks like it's smoking from the inside, and then so we started getting the perimeter a little wider, a little wider. bill: that must have taken several minute, i imagine. >> yeah. bill: but i imagine those minute, they must have been hanging over you and felt like every second was dragging out. what i'm curious about, normally like a car fire, you'd see the smoke coming out of the hood but this was a clear indication that something was not right. now, listen, from that point forward, they cleared the area, took several hours to get the suv out, i think they took it out about 5:00 in the morning, you go back home to your wife and three children at 9:00 a.m. sunday morning, and off you go to teach your young daughter lacrosse. because she had a game that day, and you weren't going to miss it. >> heck no! not at all. i'm the coach. and i -- we're a big lacrosse family here. my kids were born with lacrosse stick necessary their hands. so i couldn't let haley down, the other little girls on the team. ended up winning. bill: when you come in the city, stop by here and we'll shake hands. >> without a doubt, nice talking to you. bill: wayne ratigan, the police officer on the scene saturday night, and a t-shirt vendor and two other officers helped clear thousands and thousands of people away to make sure they're cleared. we'll talk to pete hoekstra, we want to know how washington is handling this matter now. uma: definitely a hero. bill: nice guy. said he loves the job because he loves to do it. his wife says he's there every day with 100 percent effort. uma: got to love him. that's great. terrific. another big story today, deadly flooding taking place in tennessee, property literally swept away, and it's not over yet. we want you to see these pictures of the flooding, send them to us at you report at foxnews.com, most importantly, don't take any chances, be safe out there when you're sending those pictures to us. uma: welcome back, everybody, a u.s. navy seal facing a court marshal in a case that's sparked major controversy in the u.s., matthew mccabe charged with assaulting a terror suspect, the detainee accused of taking part in a horrific attack in which the bodies of four american contractors were burned and dragged through the street. steve centanni joins us live from the courthouse in norfolk, virginia. what's happening today, set the scene for us. >> reporter: this is the naval station at norfolk where the cart marshal for matthew mccain begins -- mccabe begins today. we're going to have pre-- pretrial motions, and they're pretty interesting, one is whether to allow the admississippiility of the photos after the victim was allegedly beaten. the the prosecution is going to try to keep the pictures out. behind me and around me you'll see protestors, about 200 people will turn out at the main gate at the naval station. as you know there's an huge outpouring of support across the country for matthew mccabe and the two other navy seals who have been acquitted. about two weeks away they were acquitted. here's what one former navy seal told us what he thinks about the charges against mccabe. let's listen. >> you have a terrorist who accused these guys of punching them and you have three of more most elite warriors off the battlefield and it's in the al-qaeda play book to cry foul, cry abuse or cry torture and they'll get attention and that's exactly what happened. you have a horrible message to our troops who are serving there every single day and worrying what they can and can't do on the objective. >> reporter: a lot of people sharing that opinion. we'll see what happens in the courtroom today. the attorney for mccabe, neal puckett, expects to file a motion to dismiss all the charges and we'll see if the judge in this case agrees with that. uma: you mentioned two other navy seals have been acquitted. on what grounds is mccabe's attorney wanting the charges dropped? >> reporter: yeah, they were acquitted on similar charges, mccabe, powfer, facing assault charges. one of the main papers he's filing with the court that we haven't seen before is he's alleging that on april 22nd, on the o'reilly factor, jeraldo rivera appeared and said he had sources with the staff of the convening authority which in this case is the major general in charge of all the special forces in the military, charles cleveland, that he had information that charles cleveland is being scapegoated in this case, feels he's being scapegoated and cleveland would very much like to do the right thing, so what they're going to file is a motion to dismiss based on the fact that there is influence on the convening authority, the general in this case, from higher up, or at least there are indications of that, and the attorney is going to introduce that in court. ci read you part of that motion, it says the clear indication is that major general cleveland is under pressure to charge the accused in this case in the wake of abu graib, regardless of the merits of this case. a lot of people, of course, have said this is an jeefer reaction to the abuse of the prisoners, the detainees of abu graib in iraq. uma: it's going to be very interesting as it unfolds today. a lot of folks are keeping a close watch on this. thank you very much, steve centanni for bringing us up to date. bill: two big stories that weren't the attention of the white house, the first, a catastrophe in times square and also the gulf, and already collecting criticism on that. a debate on that in moments. uma: and this could have a damaging fet on the fish i strnd -- fishing industry and it may take decades to repair. we'll have more on that. bill: this story often times changes by the hour, this t right now bp is trying to cap one of the leaks a mile deep in the gulf, meanwhile golf community necessary alabama, mississippi, louisiana, bracing for an economic environmental catastrophe from the oil that's threatening to come on shore. phil keating back at his post this morning. phil is live in venice, louisiana, seems like the news down there at times gets grimmer by the day but i think there are positive signs that may prevent -- >> >> reporter: you're absolutely right. >> bill: a further disaster because they're making progress at 5000 feet. maybe you can explain that for us phil. >> reporter: well, first and foremost, you had noaa really yesterday adding more pain to the very important commercial fishing industry in the gulf of mexico. remember on friday, state officials in louisiana banned all commercial shrimping and fishing east of the mississippi river. yesterday noaa now banning about 7000 square miles of federal sea out in the gulf of mexico from commercial fishing just for ten days, a ten day moratorium, but obviously, all the fishermen down here who are currently out of work right now are looking at losing the entire rich spring season that was just kicking in. however, there are efforts being made by bp, as well as federal agencies, to try to stem the flow of oil and that will involve dropping down a dome. it's basically a large box, the size of basically a rectangular, 75-foot ton square house with a little dome on top. that will go all the way down, 5000 feet, to where the oil is spewing up towards the surface. the idea is it would collect the oil and that oil would then be pumped up through the hose on to the barge on the surface, thereby eliminating at least a percentage of some of the oil that is making its way to the surface. and of course, as of late yesterday, the russ-colored oil slick in the gulf of mexico, just 9 miles away from the very fragile wetlands here in southeast louisiana's bayou. bill: also phil, quickly, the weather was blowing a lot of that oil your way, towards the direction of the shoreline. as that direction shifted, the wind shifted at all, phil? >> reporter: a front came in last night, bringing in all this rain for the past 15 hours. with it you can see behind me the waters which were super choppy all weekend long and this is the canal. out above the oil slick, they were six to 8 feet tall all weekend loongd that hampered all operations. not much was actually accomplished yesterday. but the waters are calmer today and the wind is coming from the north, heading to the south, so they do believe they'll get a lot more containment out there today and be able to do that test, the second test of dropping the chemical dispersant down the 5000-foot long tube to disperse the source. bill: thank you, phil keating, live from venice. uma: the massive oil affecting many communities, threatening huge losses in the seafood industry, specifically, the gulf coast shrimping industry, valued at more than $440 million in 2008. louisiana, leading the way, with 89 million pounds that year. one out of every 70 jobs in louisiana is seafood-related. and shrimping accounts for more than 14,000 jobs in that state, with a total economic impact of more than a billion dollars. meanwhile, the worries about the gulf disaster now forcing many store owners in that region to stock up before supplies run low. >> there are probably three times busier than we are and most of the customers are worried about the gulf shrimp, they want to have that. we have a unique flavor and people are really concerned about that, so they're stocking up, putting it in their freezer so they'll have gulf shrimp. uma: many stores are looking to suppliers from the east coast and to southeast florida. bill: uma, executives at bp have been defending the oil giant, saying the explosion was an accident and has done everything it can to stop the oil flow. in a moment i'll talk to an oil executive from bp, the chief operating officer and get his response and some of the information that phil keating is reporting there, we'll get to that, too, coming up in 25 minutes. we know many are watching us while on your computer, blackberry or iphone, whatever gadget you're using today. we'd like to know what you think, who should take the lead in cleaning up the spill, the government, bp, or both? web on to foxnews.com, click on the you decide link, and take our poll, see the results. right now more than 39,000 people have roted. -- voted. i think that's over two days. forty-eight hours on this particular question. you can also click on the link and share your comments. we have gotten close to 280 comment sos far, but overwhelmingly, a lot of folks just saying online the government and the company should pitch in together to get it done and do it right. uma: that seems to be the feeling right now. president obama, dealing with two major national issues this weekend. first, the catastrophe in the gulf coast, and the near catastrophe in new york city. this weekend, the white house had to defend its response to the spill. critics are saying federal officials did not intervene quickly enough after the drilling platform exploded and collapsed. here's homeland security secretary janet napolitano's response to that criticism. >> i think that is a total mischaracterization. i think we'll be happy when all is said and done to be very transparent with all the activity that's happened, really from the first hours of the explosion uma: okay. for a fair and balanced debate, let's bring in bob beckel, who is a usa today columnist and fox news contributor, along with anda tantaros, a conservative columnist and fox news contributor. nice to have you here. there have been critics who are now calling this obama's katrina moment, given the fact that there are those who are very upset with the fact that they believe the 5d managers did not act -- they believe the administration did not act quickly enough. in fact at one point secretary napolitano was not sure whether or not the defense department, for example, had enough equipment on hand to even deal with a disaster like this if that kind of equipment was needed. andrea, what do you have to say about this in terms of obama's leadership right now and how does he set the tone to move forward? >> i think it's a bit of a stretch to call it obama's can. if there's one similarity, you can say like george w. bush, they both didn't cause these two incidents. sy getting criticism for taking some time to respond. obama typically does take a lot of time to respond and he'll have to defend that going forward, but i think you're going to see obama not as sharply criticized -- criticize the oil industry as a whole as he would have if he wouldn't have supported off shore drilling a couple of -- a couple of weeks ago. you're going to see him blame bp and i think that criticism is warranted. why? because we've seen a string of incidences with bp in particular. we've seen texas city, we've seen thunder horse, we have seen the alaskan pipeline and the question going forward is can bp actually afford to continue to do business in the united states if it's going to have a lot of litigation costs. uma, where i will say this is going to tie obama with katrina, there's a piece in politics daily that talks about how obama did not use the $787 billion in stimulus money to help rebuild katrina, and help rebuild the gulf of mexico. he made this a promise that he said his administration would focus on this, and really, the rebuilding efforts, and he hasn't done that thus far, and so i think that's where you're going to have to see obama defend his efforts in the gulf of mexico. uma: now bob, obama surprised a lot of people by supporting drilling in the future for oil exploration, and now there's a balancing act here in terms of how he has to respond, as andrea pointed out, about whether to go after the oil industry itself or just focus on bp. what are the implications of this? >> first of all, let's get some facts out here. nobody has reported this, nobody -- so let's let fox news channel be the first to report t after the valdez i was involved in discussions with congress onet ising up legislation in dealing with oil spills and it was decided then that there would be created something called the marine spill response corporation and that was being paid for by the oil companies. as far as i can tell, that response team was in effect within two hours after the original explosion, and it was agreed that the federal government would take a secondary role because the oil companies were in a better position to do it. those are the facts. and so whoever else is going to accuse obama of this or the defense department doesn't know what they're talking about. and bp, whether -- how much responsibility they had, they have all the responsibility. under this law, the government has to pay nothing, and in fact, the oil industry has to pay, or the oil company has to pay for the coast guard and any other cleanup we use when we use military personnel for it. so just so we can finally get that out, i understand it's report -- i understand it isn't reported anywhere. somebody might want to do fact checking before they shoot their mouths off. uma: got to let it go there. we've got lots of news going on and out of time but of course, always great to have you both here and giving your points of view and offering your very interesting insights. >> and we agree today. uma: you agree today, that's an interesting point. >> mark this day on the calendar, folks! save the videotape. >> there you go. bill: fox news alert, attorney general eric holder talking about the event in times square saturday night, he says they have made substantial progress in investigating the times square incident. the videotape could be one of the biggest leads, that's the man, half a block away, 6:30, who stopped to change his shirt or at least take his outer shirt off. it appeared to be dark colored, maybe blue and walked away with a red shirt, put it in a backpack he was holding. that might be the best clue we are vut -- we have out there or he may have nothing to do with this but as holder said, they have good leads in connection with the attack, and put that in with the progress and we have a breaking news story in the making when it comes to figuring out who did this. there was another article now, new york city police, already saying today they have talked to the registered owner of that suv in which the homemade car bomb was parked on saturday night. no further details, not saying whether or not the individual was considered a suspect or not. but it's moving on all fronts right now. nypd, the justice department, and also we are moving forward in a moment to figure out what washington is planning to handle with the general going threats. we'll pull that to pete hoekstra on deck in a matter of minutes. uma: at least 19 people have been killed in record flooding down south as the rain just keeps on coming. the latest on where the deadly waters are rising this morning. >> it's destroying our home, and we've got a baby coming in a few weeks. >> i never would have thought that it would have made it to my house, and made it up into my house and past. bill: let's get right back to the top story in times square, there was breaking news on this out of washington. here is the police commissioner talking about the clues they had early on, ray kelly, roll this. >> detectives also are enroute to a town in pennsylvania, where a tourist believes he may have captured the suspect's image on his videocamera. bill: so now we're trying to figure out what clues they have and what clues are missing, but there is breaking news out of washington, eric holder saying they made substantial progress on this, they have good leads in the probe, all that i think is very good news at the moment. that lawmaker, with me now, rishz mp pete hoekstra, ranking member of the house celebrity committee on intelligence. and sir, welcome back to "america's newsroom". a quick comment on what you're hearing from eric holder. you normally don't hear comments like these unless there's progress, and it appears there is, sir. >> yeah, i take that at face value. i would think that we would be making substantial progress. i mean, we got this suv, we got it totally in tact, film video. this is an all hands on deck local fbi, law enforcement, the new york police department is very, very good at these types of things. we got the best people working this problem. i'm not surprised and would expect that we would be making very good progress. bill: i am with you there. exactly on that. between the mayor and the police commissioner and everybody -- you know, even the street vendor, as a matter of fact, yesterday on sunday, he said look, we're taught these days, if you see something, you say something. and i saw something, and i spoke up. there's the gentleman now, also getting this new york city police, that talked to the registered other than of the vehicle. i think that's significant, because the license tag on the suv was different. apparently it came from some repair shop or a junk yard up in connecticut, and the identification number on the vehicle, the vin number, that had been scratched out. they are not saying, however, that they consider this person a suspect, the person they just talked to earlier today. >> that's exactly right. again, you wonder how some of these things happen, but since we got the suv in tact , all of the sudden, you can get to that kind of information very, very quickly, rather than trying to pick up the pieces of a car later on and trying to identify who the owner might have been. so again, this is progress. i think it's an important point that you make, too, about the street vendor. think about the street vendor, think about the passengers on the flight on christmas day, both of these guys, all of these people, perhaps, were the difference between a major disaster and actually what happened, a failed terrorist attack. compare that to how the army responded to major hasan where they saw all of the warning signs over a period of months and did nothing. bill: and even then, it was considered the act of a lone wolf. >> that's right. yeah. bill: you don't hear a lot of people talking about that now, you wond fer they learned their lesson. >> i hope we've learned our lesson, in that we are still finding out these lone wolves, this really now is becoming the pattern of al-qaeda or radical jihadist groups. it makes our problems much more difficult and then it also highlights the importance of individual citizens, if they see something suspicious, to let the appropriate authorities know so that they can deal with it in a professional and in a legal way. bill: in a broader scope here, we've been told locally the taliban or al-qaeda had nothing to do with this. but yet, you got the taliban claiming responsibility or connection. what do you make of that? why would they? >> in one way, you take a look at it and say why would you take responsibility for a failed amateurish attempt, but they may just want to say hey look, we're trying to strike at the heart of america, on the other side, you can also see they may have had nothing to do with this and they're just coming out and trying to say that they have this capability when they really do not have that capability. bill: in that case you're crying wolf, too. pete hoekstra, thank you for your time in detroit today. >> thank you. bill: there's more breaking news after the break, right back here in three minutes on "america's newsroom". !d!d!d!d bill: there are deadly storms, severe storms causing record flooding in tennessee over the weekend and it's not over yet. there are pictures out of nashville we can show you, look at these stranded motorists and the 18 wheelers. officials say the death toll is now at 19. nineteen dead as a result. and that could go even higher. national weather service says the two-day rainfall in nashville now stands at 14 inches. wow! uma: amazing. bill: making this the wettest may they've ever experienced, surpassing the previous record of 11 inches in 1883. it's only the third day of the month, too. so our best to folks out there, trying to recover from this. and more may be on the way. we'll be back on that, too, a bit later. uma: you united and continental airlines are hitching up, the merger creating the world's biggest airline, the deal may make good business sense, but will less competition mean you will be paying more to fly? joining us now, andrea watkins, from our fox affiliate. krib, at hus yoon's george bush intercontinental airport. the big question, will ticket prices go up now? >> >> reporter: um yarks that's exactly what some people think is going to happen n. spite of the fact that the merger is intended to increase efficiency. marketing expert told us that in the very best case scenario will there be a drop in the ticket prices. more often than not the cost efficiencies are not going to be as great as they thought so ticket prices could edge up. keep m & mind this morning, the information coming out of this announcement says that the company is going to enjoy -- the company's customers are going to enjoy a wide range of departure times worldwide and will appeal to business travelers who value convenient schedules, so it doesn't sound like they are going to be promising lower prices here. remember, these companies have been losing money and they have to make it up somehow. back to you uma. uma: andrea, thank you. we apologize to viewers for audio problems. we'll try to get that corrected. bill: picking up the cell phone, right? get out of there! what are you doing in there, ringing in my ears. uma: who is the person responsible for planting the car bomb in times square? shutting down the popular tourist spot for ten hours this weekend? police followed a number of leads at this hour in this case and coming up, we're going to talk to a terrorism expert to see who he thinks may be behind this latest attempted attack. bill: a lot of movement on that. uma: no doubt about it. bill: a race against the clock to sale this oil leak a mile deep in the gulf of mexico. trace gallagher is live there. how goes it? >> >> reporter: race is the operative word because the weather has cleared enough, we've seen boat after boat pull out. it's the first day in seven days they can really go after and try and attack the oil. the problem is, they're saying, this will hit land. we'll tell you when, coming up. bill: good morning, fox news alert where the news is breaking down the street in rowro from our fox headquarters, major headlines in the times square bomb attempt, no suspect the -- ruled out, that from the homeland security department where police and federal agents, calling all hands on deck in the search for a suspect, islamic terrorists claiming responsibility, but the mayor and everybody else kick thank to the curb, citing the crude and ultimately defective explosive device. brand new hour of "america's newsroom". welcome on a monday, and a busy day at that. uma: i'm uma pemmaraju, a nissan pathfinder, propane tanks, rigged for maximum carnage. bill: the nypd calling this a person of interest, a white man said to northbound his 40s, seen on security camera, half a block away, changing his shirt, and not far from that smoking suv, former federal agent bob strang, now co-chair of the antiterrorism task force, and he's my guest now. react to what eric holder said 20 minutes ago, the attorney general saying they've made substantial progress in the investigation and also talks about some good leads in the probe. put that together. >> look, i mean, he's looking at this from under washington and under his per view, they've got homeland security, the rbi, they're working jointly with the task force here. he has the big picture view, he's trying to stay on top of this to determine what and where and how this will be prosecuted. bill: i hear this as good news. am i hearing it correctly as far as an investigation goes? >> i think it was good news. i've been saying that for a while. the evidence here is very strong, when you have the car in tact, when you have the bomb in tact, when you have good leads like we have here, when we have a situation in the middle of times square, with probably more cameras than anywhere else in the world, not to mention, the tourists who were there taking pictures which the police are following up with now, the leads are tremendous. i think the justice department knows that they've got a good case here, they're following all their leads, letting the investigation take its course. but this is going to be -- this is going to work out for the best. bill: so far based on what you've been able to see from the surveillance camera, this man with a spat shodo, maybe he has a connection, maybe he does not. i wanted to get your vie point on that -- your viewpoint. >> at this point, we don't know. at this point he is a suspect. you got to remember the information from the police commissioner is probably just partial of the information. most of this stuff, there might be another eyewitness that saw him walk from the car, perhaps, there may be another lead that indicates he's involved that we don't know of. we kind of look at all this stuff with a little bit of a grain of salt to say that we really don't know all the details here. it's all very fluid. this is a very active investigation. bill: i thought there were two men i just want to mention, quickly, one is the street vendor who say if you see something, say something, i saw something so i said something. >> right. bill: he alerts the police officer who was live with us last hour and what the officer noticed is not smoke coming after the hood of a car which would indicate perhaps a car on fire, it was coming out of the right rear quarter panel and smelled like gun powder. are there clues there? >> this was a real bomb, there's no question about it. this is probably the first time, bill, since september 11th, 2001, where we've put an actual bomb that detonated partially in a very populated area. we've always worried about times square, as we did the financial district, and the world trade center, and this is a symbol of america, people see it all over the world, so this is a real problem here. bill: one more thing here. they apparently have, the new york city police, they've talked to the registered owner of the vehicle. >> right. bill: now, let me drill down just a little bit, explain what's happening here because the license plates did not match what was registered to the car, the vehicle identification number has been scratched out. we don't know yet the status of the car, who owned it or how long they had it. but apparently, they're not willing to call this individual a suspect just yet, who was apparently the registered owner of the car. >> that's right. bill, this is all behind the scenes. this is part of the investigation. you know, perhaps they talked to the registered owner about what he did with the car, where he turned it in, and that's what the investigators are doing right now. that is ys, it's fluid, there's a lot of things going on in the field now but it's very positive. this case will come to a conclusion. and look, the police don't want to put too much pressure on themselves but there's a lot of good leads. we have the best department working with the fbi right here in new york city, that we're going to get this resolved soon. bill: this we do know, there was intent to conceal the identity on the car, no license plate and the vin number, and also to cause harm. thankfully, that did not happen. bob strang, thank you, we'll call new again. >> thank you, very good. bill: times square, with the chaos over the weekend, there were plenty of amazing photos on our website. you can see the slide show, online now, foxnews.com, your other news source while we're on live here at "america's newsroom". check it out online. uma: turning now to the other big story making news, attorney general arabish holder -- eric holder saying the justice department is part of the oil department probe, that as bp accepts full blame for the disaster, saying it's absolutely responsible for the cleanup. just after president obama said that they had better be ready to pay up. that little comfort, though, to the millions of lives it's crushing right now. fishing in certain parts of that gulf coast region, suspended for at least ten days. the mass of black sludge is threatening billions of dollars in beach tourism, and we're still at least, get this, a week away from capping the leak. trace gallagher is joining us now live once again from venice, louisiana. hi trace. how long before the oil hits the shore? that's a big question, and people are really wondering about this, and bracing for the worst. >> reporter: it's a major question, uma, how long before the oil comes ashore. it kind of depends on the weather right now. the winds are calm, that slows the oil slick. as the pinned -- wind picks up, it moves faster. it's not a matter of when, it's -- of if, it's of when. let me give you context to show you where we are, this is venice, louisiana and when the oil comes to shore this will likely be the place first hit. you see the marshland? local firer men are concerned about the marshland in louisiana. on the other side of the marsh is the open gulf, that's where the oil is, and they fear that once it gets into the marshland, it will get trapped in there and be impossible to clean up, and once it gets trapped in there, there is an abundance of wildlife in there. if you swing down here, you see the lights of all those boats, there are military boats, commercial fishing boats, you mentioned a shutdown of commercial fishing in this area. 6800 square miles of commercial fishing in the gulf, shut down. but the boats are not sitting idle. what they're doing, some of those fishermen are actually contracting with bp, and they're going out and they're using their boats to lay the boom and to protect the marshland. but not using the plastic boom that we've seen so much in recent days. they're using bot on -- cotton boom. what that does is it absorbs the oil. the problem is once you set it, it gets so heavy you cannot move it. the weather is clearing today, so for the first time, we're going to get probably a better idea at how big this slick is. i want to show you a graphic to give you an idea of just over the past five or six days how this thing has grown. we talk about 5000 barrels a day, we talk about 210,000 gallons coming out. from april 27th to now, this gives you an idea of how much bigger this slick is getting. and keep in mind, when you see the pictures of the oil sheen on top of the water, there are clouds, billowing clouds of oil beneath that sheen. that's the problem. that's what's coming to shore from theo from louisiana, all the way to florida. it's only a matter of time how fast that oil moves, uma. uma: the clock is ticking. tell us more, trace, about the equipment that's being used right now. >> reporter: you know what, they're looking at trying to go after this to the source. i want to show you, because the big hope right now is this dome and what it is is a 7600-ton dome made of metal, and of concrete, and it looks very much like a coffee cup would look, and the idea is to sink this thing down some 5000 feet and to cover the wellhead. once they cover the well wellhead, they can trap the oil inside and use a long pipe or straw, if you will, to siphon the oil out. the problem is, that's going to take about five or six days to get into the water. that, by the way, is the best case scenario, because right now, the robots, the robotic submarines, they're not effectively stemming that tide. and drilling that other hole, that other well, the valve that would kind of relieve some of the pressure could take 60-90 days. right now, a lot of bets are on that dome being placed in the water, that's five or six days away, and think about the numbers, five or six days, 210,000 gallons a day, minimum, another 1 million-plus gallons, if it works, and no one has ever tried it 5000 feet down, so right now, we're not quite sure if it's going to work. uma:uma: um all very dramatic and yet sobering at the same time. trace gallagher, thank you for the update. bill: there was a massive water break in one of america's biggest cities, leaving millions without drinkable water. we have never seen this before. repairs were successful, but the clean water isn't flowing just yet. so what now? um eul and bp acknowledging they are absolutely responsible for the big cleanup in the gulf. and so what's their plan? bp's chief operating officer, next. hb@b >> welcome back, two million people without party after a massive break, crews working overnight, to fix it. and, the water is flowing again, but, more tests are needed to make sure that it is not contaminated. and, the break happened on saturday, forcing people in boston and dozens of other cities and towns to boil their water. or buy it in bottles. bill: we're told a faulty piece of equipment, what bp blames for what could be the worst environmental disaster in american history, this is what the oil slick looked like, just after the rig collapsed last week and here now, an estimate of how far it spanned out. a brown tide now engulfing the delicate louisiana bayou. and, president obama was there on sunday afternoon, saying that bp must be held accountable. >> president barack obama: your government will do whatever it takes for as long as it takes, to stop the crisis. bp is responsible for this leak. bp will be paying the bill. bill: that was yesterday and today, doug suttles, bp, chief operating officer for, good morning to you and we have you on the telephone and tried to hook up the satellite link and our truck was told moments ago and it's a changing circumstance along the louisiana coast, we're two weeks into the disaster. and, oil rigs typically do not explode. why do we not know the cause for this explosion back on april 20th? >> well, i think the issue here, is to get through the investigation. i mean, what, we do know, is that the blowout preventer is designed to stop the flow of oil and flow of gas to the surface and -- in an emergency and for whatever reason didn't do that function and we don't know why yet and we'll ultimately recover it and find out and at the moment, though, what we are focused on is we have to get the flow stopped and we have to keep as much of this offshore as we can, and, need to be able to clean it jup t. bill: and the flow is tricky here and we have put men on the moon and nasa is trying to figure out how to land a spaceship on an asteroid and why does it take weeks, to not months to go 5,000 feet in the gulf and shut it down. >> well, the analogy is probably a good one you are using, this is extraordinarily difficult. 5,000 feet below the first of the sea is a huge challenge. and, we're doing everything we can. everything from trying to close the existing blowout preventer and the containment system, we're now within a week of getting that plaice and the relief well is the worst case option because that takes the longest but we're going to do everything we can to get it stopped. bill: i tell you, i have read a lot about shut off valves and these engineering devices that frankly a lot of people don't understand but you know what americans understand? they understand having a backup plan. what was the backup plan here? >> you know, this system has a number of fail safe components to it. it has everything from individuals hitting the activation switch, which actually occurred, to things like when the blowout preventer loses communication with the rig it is supposed to close in and i don't know why the systems didn't work and i want to know why but that is not my focus, it is to minimize the impact and this thing stopped and cleaned up and keep people informed. bill: there is a congressman in louisiana, dave vitter and he was quoted a few moments ago, saying bp is spread too thin. are you at this point. >> we have tremendous resources deployed and we're over 4,000 people, and -- >> that is enough. >> i think we do. and i think what is great, is the president obama, and the government have said we have unlimited support from them as well. just yesterday, i was in biloxi, mississippi, meeting with governor barber haley barbour a woman said they had 4,000 people signed up to help us weaned have the resources we need to manage this. bill: if that is the case why will it go on for weeks and why do we hear reporters in louisiana saying, it may take months. >> well -- bill: if you have resources you need, just get it done. >> well, let's remember, we're doing everything we can to stop the flow. we should have some good weather to fight it offshore, we actually don't have any oil ashore yet. and, the current forecasts say they don't predict it for the next three days. and, that's why we're going so hard and so fast. to actually get resources to -- deployed and now we have a line of sight to another 5 million feet of boon and that is 1,000 miles. >> and that would help, one more thought on this. all the comparisons made to valdez in alaska. is that the same type of substance we experience then or are there differences? with what is coming from the ground, below the gulf today? >> we'll let the experts tell us and this is no -- noaa and others what they expect it to look like when it reaches the beach or shoreline is tar balls or tar patties, what they are telling us to expect and what we need to see is what it actually is. that is what they say to expect and we have cleanup teams standing by ready to go to the sites, as soon as it is found. bill: hopefully we won't get to that. i know the dispersents are used near the source and that is somewhat successful and that is an engineering feat, the first time they've used it. and, doug suttles, the chief operating officer and coo of bp, my guest in louisiana, sir, if you would tomorrow, come back and we'll have more questions, okay. >> thanks for the opportunity. bill: looking forward to that. thank you and here's uma with more. uma: the water rises in the south, massive flooding and the worst could be yet to come. bill: in new york, hello to iran's president, mahmoud ahmadinejad. arrives today in the big apple. he's here for a nuclear meeting. how he could use today's platform to push the agenda. we'll examine that. in minutes. uma: we're back with news from tennessee about a serious situation. entire neighborhoods are under water, this morning. and, a series of violent thunderstorms dumping 20 inches of rain across the south. at least 19 people in tennessee, this is -- mississippi and kentucky have been killed because of rain and possible tornadoes, and highways are now shut down, and, thousands of people have been forced to leave their flooded homes, in nashville, cumberland river is rising to record levels, today. and is expected to crest at 50 feet. the town of clarksville, the river topping flood stage, last night by more than 8 feet, and hundreds of people had to be rescued from their homes, and many lifted off their rooftops, by helicopters and tennessee's governor is saying they are bracing for more damage in nashville once the cumberland crests later today. bill: remarkable videotape. uma: unbelievable and we want to see your pictures or video of the breaking news story. e-mail into us, at the address on your screen, take a look: ureport@foxnews.com, give us your name an location and brief description of what we're looking at. bill: manhattan say hello to mahmoud ahmadinejad, a man who said israel should be wiped off the map is in new york city today at the united nations and the iranian president, mahmoud ahmadinejad, followed by the u.s. secretary of state hillary clinton and they'll face off over the nuclear treaty both countries aaccusing the other of violating, jim walsh met him several times, he's an international security expert as well as a research associate at mit security studies program, how are you doing and good morning up there -- do you have drinking water in boston, by the way? >> i do not, bill. i'm one of these -- i'm one of these dr. doom types and i had several gallons stored away, i'm in good shape. bill: you are well prepared but millions are without that and we covered that story a few moments ago, mahmoud ahmadinejad comes here and gets a platform and what will he do with the opportunity, jim? >> i think it -- he'll give a speech that attacks the u.s. as the country that has nuclear weapons, has used nuclear weapons and it will be similar to a speech he gave two weeks ago, in tehran, when iran hosted a nuclear conference, and, he's trying to do two things and trying to work both on foreign policy, and, speak to a domestic audience, back home. because, even as he gives the speech -- there will be people at the u.n. and the security council, meeting on the second sanctions resolution, and so he's pushing back on that and trying -- because things are dicey in iran and he's also probably to look good at home. bill: i'm looking at the schedule and he goes first and later hillary clinton talks. >> right. bill: and what does she say. >> she has had her own tough rhetoric the last several weeks, and it will be interesting to see the extent to which she singles out iran. and people talk about now, and the rules of the treaty conference are such that you get an agreement, a month from now, when the conference ends, everyone, 100% of the delegates, have to vote in support of that. so, that means iran has to vote in support of this conference report, if it will pass, so it will be interesting to see if she tones it down, i doubt it and i think we'll have a clash here today. but, then again... bill: you do? where is this clash going to come from, jim? >> i mean, the verbal clash. that is to say, iran will attack the u.s., i think clinton is going to be aggressive in her comments, about iran. but, it is important to keep in mind, bill, my experience with iranians, and the u.s. government, for that matter, often there is a public face and the public face is more aggressive and in private, there's a little more patience, a little more wiggle room, a little more willingness to negotiate and the real question for me, is, are any of those folks going to be meeting in private on-side meetings and will iranian officials talk to american officials when they are in town -- >> sometimes we don't find that out in the end and this is the floor of the general assembly on east river in new york city. i don't know how many more arrows that he guy has in his quiver, mahmoud ahmadinejad you have the secretary-general soggy if it is for peaceful purposes, come out and prove it. >> yes, that's right. and, there is also the iaea, the international atomic energy agency and i'll tell you in private meetings, iranians continue to insist that they are willing to talk, and, you remember way back when, 6, 7 months ago, there was the tehran research reactor deal and that seems to -- and they talking about negotiating an compromising and something to be worked out and we'll have hot rhetoric and, below the surface, there may be talks going on about the substance of it. bill: jim walsh, you know this better than anybody, thanks tor coming in today and out of boston, good luck with drinki i water -- bottled water. what is next. uma: over-the-counter children's medicines are recalled, what to look out for at the store and what to toss if it is in your medicine can binet. bill: and they aren't ruling out anybody, in concluding this guy here on the spot shadow and the new york city terror attack, who is on their radar, we'll find out live in d.c., in only 3 minutes. [ male announcer ] over the past 50 years, toyota has been proud to be a model of quality car making. but recently, the safety of our cars and trucks has come under question. and at toyota, is is something we don't take lightly. that's why we're maki fundamental changes inside our company, to communicate with customers better, and respond to their needs faster. addition, we're currently spending over a million dollars an hour to enhance the technology and safety of our vehicles. the result? our comprehensive star safety system is now standard on every vehicle we make. ♪ don get us wrong, we know actions speak louder than commercials. but just know, your safety will contito be a top priority in any, and all of our decisions. ♪ uma: well, it was a few street vendors and quick-thinking cop in times square who swung into action when they saw the car bomb was set to explode, alerting other officers, evacuating the area and now the feds are hot on the suspect's trail, homeland security saying every lead is being pursued at this hour. and national correspondent catherine herridge is joining us now, live from washington. catherine, great to see you. what is the position of homeland security at this point? >> reporter: well, good morning, uma. essentially that everything is on the table, a short time ago we had comments from the attorney general eric hold are in washington, and he told reporters that substantial progress has been made, and, there are significant leads. though the attorney general said it is too early to call the attempted attacks in times square an act of terrorism and in this case he means capital t terrorism and al qaeda and that means an act of violence to promote political ends and separately, a source tells me that there is a real debate amongst counterterrorism officials now as to whether the device, being so crude, really could be linked to an overseas terrorism group or whether more likely to be linked to a domestic extremist in this country, uma. uma: i know security is beefed up in the area. what extra security steps have been taken? >> we've confirmed through the homeland security contacts, two security steps have been added at the airports since the incident in times square, first and foremost, tsa is ramping up the security around the perimeters of the airport. there is no intelligence at this point, to suggest that they could see car bomb attacks at airports but the precaution is being taken and secondly, the activities are being ramped up in the event they try to flee this u.s. uma: they are taking these steps because there is similarities to past attacks. >> reporter: i want to -- they want to connect the dots for people. we are seeing these stepped-up measures at the airport. in part because at least on the very basic level, there are some similarities, between what happened in times square, and, two attacks in the u.k., in 2007. and, first i want to begin with the attack in london, and there was a car bomb, similar to what we saw in new york, and, propane, gas, and shrapnel, that was left outside the tiger-tiger nightclub in the city's theater district, london's equivalent of times square and that circumstance, the car bomb didn't detonate and it was a cell phone detonator and investigators were able to strip the numbers off of the sim-card, which ultimately led to the suspects and a trial in that case. secondly, after that car bomb in london failed to detonate, about two days later, there was a car bomb attack on the airport in glasgow, scotland and some of the video is right there. similar type of device. gasoline, propane, also, shrapnel. and, this is called the v-bed or a vehicle borne improvised explosive device, in other words, an ied on four wheels and when you see the totality of this, what you see in the u.s., is that some security is ramped up, and they are certainly looking at that attack in the u.k., and, just because of some of the circumstances which are similar. but, again, many options are on the table, right now, uma. uma: connecting the dots in that way really makes a big difference and they have to focus on that, obviously. thank you so much. >> reporter: you're welcome. bill: we have this from overseas now, the cia apparently under attack again in afghanistan. reports saying a vehicle packed with explosives blew up with a cia -- at a cia base, near pakistan and the bomber died in the attack and after what is believed to show a videotape, the top taliban leader, hakimullah mehsud, is very much alive on the tape promising more attacks on the u.s. and the pentagon says even if he is still alive he's not running the taliban wing any more in that country. uma: the fda is investigating the big recall over-the-counter kids medications, and mcneil consumer health care is pulling more than 40 children's versions of popular brands, tylenol and benedryl, motrin and zyrtec over quality concerns. the company says some products could have a higher concentration of active ingredients than what is written on the bottom, and macneal says it is a precautionary measure and no injuries or deaths are reported, so far. our own dr. manny alvarez says parents should buy the generic versions of the medications, for now. bill: arizona's tough new immigration law in the national spotlight, tens of thousands in the streets of dozens of cities over the weekend, especially on saturday from a protest in dallas, and, opponents say the law encourages racial profiling and are pushing for national immigration reform, but those who favor the law say it is necessary to deal with a huge influx of illegal immigrants, especially, in arizona. >> i think it is good, a lot of people are here to stand up for their families. >> i'm a citizen and have to be sure i walk around with my birth certificate and drivers license to be sure nobody discriminates against me. >> i still have people in my family, and, they are undocumented, but they work and they have kids that are citizens. and... >> i'm tired of having to support my tax dollars, for the people who came over here, and didn't come over here the way they should have come over. >> if you have your papers, welcome to the u.s. bill: that from this weekend and now, this morning, fair and balanced debate, and, j.d. hayworth joins us, rung for the seat occupied by john mccain and, lisa, with an association, mdm that advises democrats, and we've reached out to john mccain's office, and hopefully, if not today, tomorrow, later in the week we'll get him on the program, j.d. hayworth, how do you know whether or not the new law in arizona will be a success? >> bill, the fact is it will be a success, because it will be the enforcement of federal law, and there has been so much disinformation. let me read directly from the law. it says the law, quote, shall be implemented in a manner consistent with federal laws, regulating immigration, protecting the civil rights of all persons, and respecting the privileges and immunities of u.s. citizens and it doesn't get any clearer. this law simply enforces federal law, that sadly the folks in washington, including my opponent, john mccain, have refused do, as they vacillated between inaction and then advocating amnesty. bill: and john mccain says at this point he supports the law to alicia menendez, how do you respond to mr. hayworth's point, disinformation or misinformation? has the law simple employee b n misunderstood from those who live outside of arizona. >> it is hard tfor people to understand what it means, it is a loose definition of reasonable suspicion and the courts will decide whether or not it violates the rule of american law. what it does do is give a kick in the pants to senate republicans and democrats and is a big message the federal government needs to respond and respond quickly. we all agree, our immigration system is broken and the question now is, how do we fix it. >> you agree with that. at least that aspect of it, then, do i hear you right. >> i don't think there is a single american who disagrees that our immigration system is broken. and i think most people want to see washington take action. bill: j.d. hayworth what is the chance that that happens, the law goes into effect, what the 1st of july and you have basically two-and-a-half months, will washington move that quickly? >> i think they will, and, because, quite frankly, what many on the left want to see is a resurrection of amnesty. what the left wants to do is to appoint a whole new class of voters, think of it as the barack obama job protection act of 2012. they probably won't get it done in time for the midterm and what the -- with the president's numbers dropping precipitously the only way they can ensure their economic or pardon me, their political fortunes is to have a whole new class of voters and, quite frankly, they believe making illegal aliens new citizens instant citizens via amnesty will be the way to say to the community you owe us, vote for leftist candidates. bill: let me get ms. menendez to respond, is that the end game for your side, amnesty in america? >> no. i think the political conspiracy is cute but has no grounding in reality. both parties here have a responsibility to the american people to fix a probing en system. this has to do with america, with americans, with american voters. undocumented immigrants are the least of our concerns here, so i think it is, both parties face the reality that this is an important issue, to their constituents, and they will need to step up to get it done. already we have seen, the democrats come out with the framework, it is very conservative, i don't see how republicans can't get behind it. the pressure is on, time to make a decision. bill: i have to leave it there. i'd like to pick it up later this week, alicia and j.d. hayworth, thanks for your time, it is a story, within the borders of arizona and has swept the country and captured the national debate. 20 minutes before the hour, now, here's uma. uma: four contractors were killed, burnt and mutilated and strung up from a bridgy in iraq and matthew mccabe helped bring in the prime suspect and now faces court-martial accused of roughing up the guy and two other seals acquitted in this case, today mccabe gets his day in court. [ woman ] nine iron, it's almost tee-time... time to face the pollen that used to make me sneeze... my eyes water. but now zyrtec®, the fastest 24-hour allergy relief, comes in a new liquid gel. new zyrtec® liquid gels work fast, so i can love e air®. >> good morning, i'm jane skinner along with jon scott, at the top of the hour we'll hear from iranian leader mahmoud ahmadinejad, live at the united nations. and, as you may know when he opens his mouth, things often get interesting. >> one of the frightening stories of the weekend. a deputy ambushed and shot by a group of thought to be drug small lers, we'll speak with the sheriff, who employs that deputy, about the inside story, how they rescued him and the pursuit of the suspects, coming up on "happening now." uma: the third and final navy s.e.a.l. accused of punching a suspected terrorist, the case sparked outrage and math that you mccabe is accused of hitting an alleged terrorist, suspected of plotting the brutal murders of four american contractors in fallujah, iraq, back in 2004. two other seals had been acquitted. joining us now, tom caniff, a former jag officer and criminal defense attorney and let's talk for a moment about what is at stake now. two of the other officers have been acquitted, and we are facing a situation here where the third must go and appear in the court-martial at a time when people are outraged these charges have been brought against him, and knowing that the person who is leveling the charges is the mastermind behind the brutal attacks, against those murdered victims. it is just -- boggles the mind. >> it is mind-boggling and is interesting to keep in mind the way this case really got to this point, is, these three individuals, these three heros were offered the military version of, you know, administrative punishment, something called an admiral's article 15, and it looks akin to what a police officer or a school teacher, who was accused of misconduct might face internally, the potential punishments are much lesser, not looking at a criminal conviction and maybe restricted duty and reduction in pay and what they said was, no, we are not taking the easy way out, we are in isn't of these charges and we'll make -- uma: they were -- >> yes, damn the torpedoes, we'll take to it trial and deal with whatever the outcome may be. that is antics extremely courageous decision and says a lot about these guys. >> and it all goes to abu ghraib when people were concerned about abuse taking place with people who were being held in custody. >> absolutely and that is why this government doesn't want to be where they are right now, but these individuals, these navy s.e.a.l.s painted them into a corner and they said we will not go out, nice and quietly and take the administrative punishment and cop to something we didn't do. you want to prove us guilty, take to us a courts-martial and the government paints them into a corner, what do we do with the case and frankly i'm surprised at this point no one stepped in, secretary gates... uma: that is what surprises me, too, we haven't heard from high-level officials to intervene at this point knowing the facts as they are. >> and once of the defense tactics in the case has been to keep it in the made yeah aedia you look at the motion, arguing the off command influence and citing remarks made on the geraldo program and o'reilly program, prolific, high-rated programs, as you get another attempt by the defense, and, a good one, to kind of keep this in the light, and keep the government on the defensive and why they are bringing the case in the first place. uma: i couple second... do you think he'll be acquitted soon. >> the first two seals were acquitted and this is a jury trial and the jury is made up of other officers and you have to think they will not be sympathetic to the terrorist thug, the sole witness to the government... uma: amazing. >> disturbing to think he'll come in, and potentially in the courts-martial as a witness to the people of the united states when you look at these pictures from fallujah. uma: i wish him all the best and as you point out he's a hero, and, one of the -- and the others who were involved in the, too, thanks for your time, appreciate it. >> thanks. bill: 12 minutes before the hour, they saw something that wasn't right and did something about it and said something, who veterans in times square, new york city, that is lance orten, he and his pal, dwayne jackson risked their lives to save others and you'll hear his story. next. want hemorrhoid relief without messy creams or gels? new cryostat. instant relief, no mess. cryostat. a breakthrough in hemorrhoid treatment. extinguishes itching, burning, swelling... with cooling comfort. instant relief. no mess. cryostat. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. uma: two street vendors possibly stop a massive terror attack, dwayne jackson alerted police to a smoking suv and describing what he saw. listen: >> i approached the car, i saw the keys inside. it -- >> was it running. >> yes, the car was running and flashing lights were on and i kind of instantly looked around, to see, hey, whose car is this, and no one stepped forward, and, then about that time, the officer came up on the mounted horse and he's asking me, do i know whose car it is and, a couple officers came and one of the officers from midtown south, a regular beat cop and said dwayne did you see the guy get out and unfortunately i didn't see the person get out of it and, you know, the windows were tinted in the back and looking around and he pull out his flashlight and didn't see anything and shortly after that, that is when the first explosion went off, and, the smoke started... >> inside the car. >> inside the car. uma: quite a guy and jackson also says, quote, we had each other's backs, this is our street. our livelihood, so, we have to protect it. bill: guys like that... and the officer, wayne ratigan, we had on last hour. uma: a hero. bill: that is why you love new york city, those guys are terrific. uma: sure are. bill: well spoken and budget cuts taking a toll on the nation's court systems and could mean major delays for both criminal and civil suits along with a serious slowdown in the process of allowing children to get out of abusive homes, anita vogel is live on the story in l.a., what is the impact on the court system? >> reporter: it is having a huge impact on the l.a. county superior court and keep in mind, this is the largest trial court system in the nation. case in point, take a look at this video. this is from downtown los angeles. lines wrapping around an entire city block, twice in around the block, people in line, just waiting to pay parking tickets and traffic tickets. budget cuts from sacramento, means fewer judges and court employees to keep those courts running. >> i sent in the my check, it has not cleared and it says here if i don't show up they'll have a warrant for my arrest and here a am. i didn't expect to see hundreds and hundreds, almost a thousand and they say there are only two windows open. >> reporter: now they've laid off 330 employees, here in l.a., and they are talking about closing down 17 courthouses, and, there is another 20% cut on the horizon here, and, people are just going to get more and more frustrated. bill: what about the serious matters, more than we have mentioned here? how -- left unsettled? >> yes. there are much more serious matters than that, lots of cases hanging in the balance, now because of the cuts. it is taking two months to get into family court, where those child custody cases are fought out and also, can take up to five years to get on the docket in civil court. legal experts say, this could have a harmful impact on kids and families. listen: >> you are cutting back on services for children, for example, advisors and support and it takes longer to deal with some of the matters, that involve hostilities in families. bad things can happen, and, you try for them not to but you are increasing the risk. >> reporter: add to that the impact it could have on the local economy, the l.a. superior court says the local economy could take a $30 billion hit over the next four years. the legal services industry, could be hit as well as a number of other businesses, that are going through pending civil litigation. bill: anita vogel, a matter to be taken care of there in california. thanks, live in l.a. uma. uma: attorney general eric holder says the attempted bombing in times square was meant to spread terror across new york. we have the latest on the search for the plotter, or plotters, next. bill: i need a hair cut and i need it now! roll it. uma: oh my gosh! bill: that's a runaway suv crashing through floyd's, he has a 99 cents barber chop shop, amazing surveillance of the crahing entrance. no one injured. one was because of flying glass but they're going to be okay. reports say the driver may have taken a wrong turn. you think! still under investigation in southern california. uma: a shadeo of its former self! bill: a shadow of its former self, that's right. the smashing entrance, yet again, from hollywood! we got anything else? uma: i think that's it. got a lot of news, but this is a fun way to end. bill: great day with you today. let's hope they catch this cat today by the end of

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