>> well, we were the first state in the nation to pass and then i signed a bill a number of months ago saying that it was not permissible to virginia to mandate our citizens have to buy a product of health insurance. it was one of the bases of our claims in filing the lawsuit against the federal government. we're delighted that judge hudson ruled that the federal government's motion to dismiss was not proper and now the case will proceed on its merits in about two months. the bottom line is this, bill, that we don't think it's in the constitution to mandate that a sitten of the united states must buy a product or its service, in this case health shrnts, and if you don't, to be subject to a fine. that's not what our founders envisioned in the constitution and i think it's worth a fight. bill: you could almost break it down in even simpler terms. you're arguing that the federal government has overreached and the courts should stop it. is that the check of power you're looking for? >> yeah, that's exactly right. it's the balance of federalism, the tenth amendment, it's the limits on the commerce clause. the federal government has limited duties under article i, section eight and the rest of those things are left to the states. this is federal overreach, we believe. look, we think we should have a lower cost of health care, more access, but this is not the way to do it with this federal mandate on the system. bill: the states -- the government would say you're trying to settle a score. that's the debate on this program and across the country and you know the program will not work if people do not buy into the program, if they do not live up to the obligation according to the program, the program fails. >> well, i think that is probably a fair analysis of the impact of this case. but here's the bottom line. if the federal government can mandate that a citizen must buy a product or a service like health insurance, then i think there are no checks on federal power. you can essentially use the commerce clause to do anything. so if this is well beyond health -- this is well beyond health care, this goes to the heart and soul of federal power and the balance of federal power on our step. bill: one more point to make, we polled a number of americans at our fox news polling in our fox news room and this is what we found, with health care law, 46 percent say change it, 36 percent say repeal it, only 15 percent say it will remain as is and this is reflected in the vote in missouri we got early in the week. another hot button issue in your state, you have now picked up the -- kicked off the national debate from arizona on illegal immigration, it's come to virginia, your attorney general now says it's okay for police officers to go ahead and not only should they ask about the immigration status, but i believe the way the law states is that they may ask for immigration status. the difference between should in arizona and may in virginia is where you believe your legal argument stands. now, illegal immigration has moved to your state. police now can effectively ask people for their papers, ask people for their immigration status and if they find they are not legally in this country, you will deport them. is that what is taking place today in virginia? >> well, no, the attorney attory general's opinion, which i think is a correct opinion, is based on one that i wrote three years ago, when i was attorney general, that just says that it is permissible for law enforcement officers in the context of a criminal investigation, if they have reason to believe that an individual is illegally present in cooperation with federal authorities to make an inquiry about immigration stat you us and if they are illegally present in cooperation with authorities to get a detainer on that person so they can be held pending processing or prosecution. so i think it's just declaring what we believe the existing law has been for a while. we have another statute in virginia that as of about three years that we have promoted that actually requires and demands at the point of arrest that everybody that is charged with a serious crime will have their immigration status and -- checked and if they're illegally present, we have a bond that they are held pending prosecution and subsequent deportation. we think the attorney general's ruling is a right ruling but allows police officers to do what they have already been able to do in the context of a criminal investigation. bill: to be clear i know you think this stands up against a legal challenge. >> it does. bill: and in your view you've taken small bites out of this for the past three years as you mentioned. so we understand this, the difference in virginia is that you may as a police officer do that. an arizona law said you should do it. >> that's will hold in court. i think that's right, bill. arizona is -- one of the bases by the judge -- by the way, that case as a -- has a long way to go it will probably end up in the supreme court, virginia says it's permissible for the law officers to do it. i'm working with the federal government to see if we can get our section 287 of authority to allow police officers to be crosstained as ice agents so we can do civil immigration enforcement. look, the federal government has failed the states. that's why you see many of us looking for ways to police this issue. because we don't have sufficient border security or enforcement within the states, and so we're trying to do what we can to enforce the law. bill: ultimately both issues may end up in the supreme court as you point out. governor, thank you for your time today. you're in a battle ground state, i think we can say that clearly about virginia now when it comes to health care. it is the state to watch to see how these cases proceed not just to the police divisions and the sheriff's departments across your state but also the court system. governor, thank you for coming on today, appreciate your time. >> great bill, thank you for having me. >> you got t7 minutes past. juliet. >> speaking of health care, republicans waste nothing time citing the significance of missouri's new rejection of the law at the polls, 71 percent of the voters saying no to a mandate requiring nearly all americans to buy health insurance. former alaska governor and fox contributor sarah palin on hannity: >> people are sending the message to president obama and the congress that we do not support that fundamental transformation of america that they are hell bent on craming it down our throats. the show me state showed obamacare the door yesterday and what they need to do next there in missouri is show the rest of the states how to raise the collective voice of we the people and say that obamacare is overreach, it's unaffordable, it's not supported, it's unconstitutional as the tenth amendment and the commerce clause applies to government taking over that section of our private sector in health care. juliet: at least two other states, arizona and oklahoma, have similar health care measures ole balance -- on the ballot in november and supporters in arizona, -- next hour, missouri's lieutenant governor joins us on the state's challenge to that health care law. there is disappointing news on the jobs front coming into the newsroom, weekly claims for unemployment benefits rising to their highest level since april, spiking to 479,000. analysts expected a small drop, and they say it's a sign that hiring remains weak. this, as the city of los angeles faces some very tough numbers on its financial future. city pensions there, expected to consume one third of l.a.'s general fund by 2015. stuart varney is joining us now from the fox business network to sort of break this down. let's very quickly start with the job numbers. not good news, i take it. >> no, very disappointing news, especially for president obama who has another leg of his recovery tour today, bad news for treasury secretary geithner, who's been pointing out, he thinks it's a rosy economy. and of course, it's extremely bad news for the unemployed. here's the worst news of all. the trend in first-time jobless claims is up. it's supposed to be down. it's not. it's up. that number you see on your screen now is the average weekly number of people filing for first-time unemployment claims. if you're going make a dent in unemployment, it should be at least 100,000 less than that, and that number should be going down. it's not. it's going up. very disappointing news. juliet: 45,000 was the number that we expected. it's a significant -- >> it varies week to week, but you established a trend. you're going back up again. this is not supposed to be happening. you spent a trillion dollars on a budget, extra spending, a stimulus plan, you are supposed to get that number down. it's not. the trend is up. juliet: and we want to talk to you about california, but i'm getting that wrap on that, stu. i hate to break it off. wonderful seeing you, though. >> juliet, always a pleasure. bill: out of california, it was a major ruling. jeut jeut -- juliet: are you ratting me out, is this why? bill: opponents on a ban on same sex marriage is celebrating, a judge ruling the measure is unconstitutional. don't expect a rush of gay weddings in the golden state yet. federal judge vaughn walker temporarily staying his order until tomorrow, giving prop eight backers time to file an appeal and seek a long-term stay until a decision is rendered by the u.s. supreme court. >> a lot of things going on in the u.s. supreme court! follow that trail. ten minutes past. juliet: it sparks major debate in a small massachusetts town and today students who spent three years fighting to recite the pledge of allegiance has a victory on its hands. we'll explain later. >> the andy griffeth show, starring and yeah griffeth. bill: keep playing it! >> ♪ >> ♪ bill: the sheriff has been called in for questioning. what's going on here? republican senators now want an investigation into why andy griffeth is now the new mouthpiece for health care overhaul. you caught that early in the week. juliet: why not! bill: all right. juliet: it's going to make me crazy. they're coming to washington, house members reconvening next week, why the summer break has been suddenly interrupted. juliet: remember those days? bill: our lady of victory. juliet: it makes me feel so old. there was a victory today for massachusetts high school students who spent three years fighting to have the pledge of allegiance recited in class, shawn herrington saying he's overly excited that they have committed to a new polity. the pledge of allegiance hasn't been cited for ten years. after years of debate the board voted in favor of the pledge of allegiance. over the policy it will be recited over the loud speaker and no teachers or students will be required to cite it. bill: a victory. summer vacation interrupted for members of congress. here is everyone leaving last week, heading out for the august break. here we go. now the speaker have -- speakers have been called back so the house can vote on a $20 billion package in aids to state. that should happen tuesday. bad time something many politicians want to use the break to vote on the november terms -- mid terms. here's what the speaker had to say about it yesterday. >> the house will come back next week so we can vote on this bill, send it to the president, we'll have the funding for the teachers. it means 100,000 jobs for the teachers right away. bill: let's break down the policy. bob cusack, good morning to you in d.c. the argument is obvious, republicans say you're coming back to washington to spend taxpayers dollars and democrats say we're coming to washington to save jobs. who breaks through on that case? >> well, i think a lot of the left and the right are going to be a way of saying hey, this is a victory for us, conservatives are going going to say this is another spending bill, democrats are going to say this is going to help save jobs, it's also a bill that's paid for. but the big message is this is a huge bill, democrats scrambled to pass this, they did get republican senators' support, including the main senators, to back it. that's why the house has come back and this is going to be a big balance, a hodgist -- logistical nightmare because republicans in the house will vote no. bill: it's aid for teacher, money for teachers and medicaid but you said it's paid for, that must mean they're cutting something else out. like what? >> food stamps. this was a stimulus provision that will be cut. it hasn't gone into effect yet as far as what they are cuting in this bill. they've had to scramble to pay for this, to come up with the $26 billion, otherwise they wouldn't have gotten it through the senate. so it's been tough. and of course, republicans are saying let's cut the decifit, let's use some of these savings to reduce the decifit, not pay for new spending programs, and also republicans say hey, this is what the unions want to do. bill: right pocket or left pocket. >> right. bill: what does it -- does it do to a member who's locked in a tough race now who had planned town hall meetings or get together with voters to make their case that they should go back to washington in 90 days? >> it's going to be tough, especially for members who are abroad and may have to cut this short, of course, vacations have to be cut short and campaigning, members whrrks it helps them or hurts them, i think that debate will play out but democrats say this is another way to help jobs, but with bleak unemployment data, especially data that's going to come out tomorrow, how much does it help remains to be seen. bill: bob cusack, thank you for coming in. it will be a major story tuesday. got a question to something that's not quite clear? shoot an e-mail, hemmer, foxnews.com or twitter me, bill hemmer, bya, because you asked. juliet: an airline, the outrageous story of why a veteran of three wars ended up grounded. bill: also, listen to the chilling phone call, please. >> right away, please. >> sir, stay on the line. how many people got shot? >> i don't know. >> you don't know. you're shot where. >> in my head. >> you're shot in the head? >> yeah. bill: terrified workers, pleading for help in the middle of a mass murder. just this week in connecticut. you will hear them play out in a moment. bill: passengers on board a flight from london to chicago making a quick exit after a wheel caught on fire, and the crew sending passengers down an emergency slide, for those on board, some rather anxious moments, don't you think? >> getting the hell out of the plane, pretty much. >> the flight attendants moved us out of the way, asked us to step back, they popped open the door, threw back the seats and asked us to exit. >> a deep jump into the chute. i've never done it before. for the younger ones, it was okay, for the older ones, it was a little tough but it was handled well by united. >> quite the ordeal, jumping on to the wing, down the slide, but no injuries for me. bill: it would be kind of fun in practice, but -- >> juliet: not in real life. bill: not what it's the real thing, no. two hundred went down that slide, minor injuries, firefighters responded quickly and put out that fire. juliet: chilling 911 tapes released in the workplace shooting rampage in connecticut when just-fired worker omar thornton going on a killing spree at a beer distributor in manchester. he killed eight of his coworkers, then he took his own life. listen to company executive steve hollander who fired thornton for stealing beer, calmly calling police for help after getting shot in the head. listen to this: >> i need to talk to -- there was a shooting. somebody got shot. i got shot. >> we need information. >> omar thornton is shooting people. i just got shot. >> who is -- >> omar thornton. get the cops here right away, please. >> how many people got shot? >> i don't know. >> okay, you don't know. you're shot where? >> in my head. >> you're shot in the head? >> yeah. >> what's your name? >> steve hollander. >> who was the person shooting people again? >> omar authorition, he's a black guy, he's wearing shorts. >> okay, black man, shorts, anything else? what kind of gun? >> oh, i don't know. i didn't see it. >> i didn't see it. where are you in the building? >> hiding in office. >> in where? >> in an office. people are running all over the place. >> i understand that. keep talking to me, we can help you more, okay? >> yeah. >> you're bleeding a lot? >> yeah, there are people running all over the place. i see him running out. he's running away. he's shooting at somebody else. he's still shooting. i hear guns out there. >> you used to work -- he used to work there? >> i just fired him. >> today, before he started shooting. he's chasing people in the parking lot. juliet: how horrible. we're learning more of the heroism, five workers tried to warn others or physically stop the shooting spree died, one of them a 77-year-old man, he tried to run authorition over with a golf cart, he is fighting for his life. bill: more details, apparently they were showing this guy, a videotape, surveillance camera of him stealing beer. that was the accusation. they fired him. before he even walked out the door he was pack ago gun. he turned around and opened up fire. he was crying racism, he called his mother, apparently, said i'm taking care of those racists. he shot eight, including himself. that's nine dead. juliet: the man you heard in the 911 call was actually released, he was treated and released. bill: that was the guy who said i got shot in the head. wow. juliet: very calm in that situation. he was probably in shock. bill: that community is really suffering. twenty-six minutes now past the hour. the show me state, showing president obama's health care law the door, by an overwhelming margin, voters in missouri are saying no to d.c. and karl rove, here to break it down on what it means. live in d.c. hey karl. >> also america's favorite tv sheriff. >> i sact say as how i blame him, huh? >> what did you expect? carrying on like that and calling him a jinx? what's the matter with you? juliet: sheriff of mayberry can handle anything but how he's taking an president obama's health care law. why some senators want him to answer some questions about that, coming up. juliet: welcome back, here are the stories we're watching this hour, brutal and oppressive heat sweeping many parts of the u.s. today, at least 18 states facing heat waves, sending the index well over 100 degrees, warnings and advisories are now in effect. folks are being urged to stay indoors and of course, keep yourself hydrated. a senate committee expected to confirm elena kagan to the supreme court, if confirmed kagan will be the fourth woman ever to sit on a high court. >> americans still keeping a tight grip on their wallets, early spending reports from retailers showing modest gains in july, some stores like costco reported solid increases. bill: there is new fallout from a blowout vote in the show me state that puts health care overhaul in the crosshairs, missouri sending a strong message all the way to the white house, 71 percent of voteners that state rejecting the government's mandate that most americans buy insurance twenty other states also challenging that law in court. meanwhile, in virginia, federal judge ruled that a state lawsuit against the feds can move forward. here's republican governor bob mcdonald a few moments ago on "america's newsroom". >> the bottom line is this, bill, we don't think it's constitutional to under the commerce clause of the united states constitution to mandate that a citizen of the united states must buy a product or a service. in this case, health insurance. and if you don't, to be subject to a fine. i don't think that's what our founders envisioned in the constitution. we think it's worth a fight. bill: he went on to say that ultimately this may end up in the supreme court and he might be right about that. karl rove, good morning to you, former chief of staff to george w. bush and fox news contributor. good morning. >> good morning, bill him bill: i don't know how it's going to go in virginia but i saw what happened in missouri. what do you make of that? >> big numbers. i'm a numbers guy, 939,000 people voted in this referendum on obamacare, the largest turnout in the history of missouri in an off-year election, an off-year primary, 71 percent of them voted for the referendum. it carried every county. the only two jurisdictions in the state where it failed were the city of news and the city of kansas city, 578,000 republicans turned out to vote in the referendum, there was no statewide primary because the republican nominee from the senate was going to be roy blunt, no primary in the democratic side, 316,000 of item turned -- of them owrnd out, look at that in a state that's evenly split. forty-five thousand democrats, at least 45,000 democrats, voted for proposition c, and 40,000 people turned out to vote for opthinks -- proposition c and didn't bother to cast a ballot in either statewide primary, in the senate, republican or democrat. bill: it's an intense issue, but democrats argue that republicans were heavily favored in the turnout, anyway. there are far more republicans who turned out. is that true? >> and why? >> bill: is that what you dig down to or not? >> first of all, that ought to worry democrats. what it says is, in this election, with a republican senate nominee and democratic senate nominee largely settled, there was no real contest on either side, 40 -- what is it, 84 percent more republicans turn out to vote than do democrats, that says something bad about the fall for the democrats that they dropped from where they were four years ago, the republicans dramatically increased from where they were four years ago. that doesn't say good things for the democrats this fall. bill: that vote, it's not legally binding but does give us a reflection of what they're thinking about missouri. mccain won that state in 2008. >> by 8000 votes. by 8000 votes, a very narrow victory. this shows a big strong wind at the back of the republicans in this state and a lot of opposition to obamacare. bill: if i could i want to move to political strategy over the next three months. here is president obama monday night in atlanta. listen closely. i'll ask you about it. roll this: >> it's not like we're engaged in some heavy reflection. they have not come up with a single, solitary new idea to address the challenges of the american people. they don't have a single idea that is different from george bush's ideas. not one. bill: now we get into the whole theme of blaming bush. and i'm assuming that inside the white house, they've got numbers that show them that blame bush strategy works. does it? >> no. first of all they've gotten number sisters from their own pollster, the berrenson group, in a memo last week in the -- from a democratic organization, in the front page, they say we got to use blame bush, but if you look at the null behind it, they say look, the warning is 65 percent of the american people don't think the republican coming is going to lack new ideas, they think they're going to have new ideas and it showed the bankruptcy of this idea of attacking bush. that's the best they got. if you don't have a record to run on, if you don't have something you can positively say vote for us because we passed a stimulus, we ran up the decifit, we tried to pass cap and trade and passed obamacare, if you can't get votes on that, you're back on a failed strategy like this and what's interesting, their own pollster says this is not sustainable. for example, blaming bush for the economy, if you say do you blame bush or blame obama, they blame bush but by a small margin. if you say to them who is really responsible for this, bush, obama, the banks and wall street, or people who live beyond their means, bush drops to 20 percent, obama to 13 percent, and people who live beyond their means are 34 percent and the banks are like some -- like 20 some odd percent. >> you say the strategy fails. >> absolutely. bill: that's the argument. >> it's a compelling, positive message of here are the great things we did, stimulus, cap and trade deficits and obamacare and none of that works. their distant best strategy is blame it on bush and hope that generates turnout among the hard core faithful democrats but it's not selling with independents, it enrages republicans, and it is a recipe for utter disaster for the democrats this fall, and their own pollster says in this memo for third way, he dresses it up nicely but you look underneath the surface and the numbers say this ain't a winner. bill: 20 seconds, next tuesday, the house comes back from august recess. the last time this happened was 2005. >> right. bill: i think the question was mary schiavo, on a life support system in florida. so it's been five years since this has happened. now they're coming back and voting on this $26 billion plan to give money to states. money for teachers. money for medicaid. >> right. bill: republicans are going to say you're coming back to vote on taxpayer dollars going out the window, democrats say we're saving jobs, that's what we're all about here. who wins this argument? >> nobody wins this argument. it gets all muddle up. it's not a big winner for the democrats, not a big winner for the republicans. think about this, in order to provide $10 billion of money that we borrow from the working people of america to give to government employees, in this case, teachers, we're going to -- they agreed with two republican senators from maine that they're going to spend $16 billion additional on medicaid in order to pay for $10 million worth of jobs for people who are on the government payroll, and we're going to make all $26 billion in money from people who are working for a living, who don't work for the government. i mean, that's not -- it doesn't end up being a great winner and it's a very expensive way, $16 billion in order to buy two votes in the senate to get you $10 billion for teachers, all of which we're going to take from working people. not exactly a very exciting and delightful story for the american voart. bill: this debate continues on tuesday. terri schiavo, by the may -- by the way. i misspoke. thank you, karl. juliet: republicans are calling for a probe into a new medicare ad starring the sheriff of mayberry, andy griffeth promoting the health care law for senior necessary this ad. watch: >> 1965, a lot of good things came out that year, like medicare. juliet: five republican senators, mccain, coburn, barrasso, demanding the ad be pulled, they want an investigation into the funding, demanding any taxpayer money used for it be reimbursed, the white house says the ad is meant to correct, quote, a major misinforms campaign designed to scare and confuse older americans about the real impact of reform. bill: checking the markets real quick now, we're watching stocks go a bit lower now, the bulls are retreating. investors reacting to the new jobless numbers that came out an hour ago, first-time weekly claims rising to the highest level we've seen since the month of april. looking for the jobs, got to find them to get this recovery going here. forty-seven points on the lower side so far for the dow. juliet: new information on two escaped killers in arizona. we were telling but them. we have the details on where they may be headed next. and superman to the rescue, william. bill: how about it, where does he hide these days? there's a struggling family, juliet, on the verge of losing their home to foreclosure, until the man of steel saves the day. juliet: swoops in. bill: new information on a national man hunt for two escaped killers, tracy province and john mccluskey and a third inmate who was later captured escaped with them, police believe they are traveling with casslyn mae welch. police believe they may have left the state of arizona by now. faster than a speeding bullet! more powerful than a locomotive! able to leap tall buildings at a single bound! >> look, it's a bird, it's a plane, it's superman! juliet: america's favorite fictional superhero saving a real-life family, perhaps? the couple in the south, struggling to save their home from foreclosure, they came across a holy grail of plastic comics in their basement, a rare copy, the first in which superman ever appeared, could bring in mucho denero. very quickly, this is very important, because i heard that this thing could catch $250,000, $350,000, those were the initial reports. you are saying that's incorrect. >> well, you never know in an auction. we're going to be auctioning this off on august 27th, the auction starts on comic connect.com, it will end september 17th, is the first auction in our event auction to end. this book is phenomenal, the story behind it is phenomenal. what's also interesting, early they are year we saw the book for a million bucks, first supraman in 8. o condition, then a month later we sold an 8.5, the highest grade copy known to exist for $1.5 million. juliet: what would this be? >> this is a 5. o, we sold a 3. o in the spring for $300,000. so the sky is the limit on this one. juliet: the sky is the limit. so this family, they're losing their home, they're literally in the process of packing up and they go down to the basement and they discover this comic book. i would have flung it out, you know, but i'm not a comic person. >> there's a box of comic books in the basement. most of them were incon very yengsal -- inconsequential, they stumble on this one, they go on the internet and see the publicity, the sales, they first contacted us, they were very apprehensive, didn't want to give a name and number, didn't know what they had and we basically talked to them and told them what they had -- what they had and they were extremely excited. my partner got on the phone with the bang and said don't foreclose on these people, we've got the money coming. juliet: the people want to remain anonymous. >> they were so happy, they were literally in tears thinking they're losing their home. >> and the bank said we'll hold off on this in. >> they realize it's the right thing to do. juliet: how much did they owe on the house? >> i'm not -- >> juliet: enough to recover -- >> this -- yes. the story is basically superman is the first superhero, this is the character that basically, without him, you wouldn't have batman, wouldn't have spider-man. >> there would be no wonder woman. >> very good! but yeah, so this is the character that started the superhero craze. and without superman, there would be nothing else. this is why it's so important, and it's just been really exciting to be a part of this. juliet: when will we find out? >> september 17th, comic connect.com. juliet: please stay in touch. >> i'll come back to tell you what it sold for. juliet: and give me the exclusive. >> i've been trying! juliet: bill hemmer is a great guy. >> people want to talk to you, come on! juliet: we'll take good care of him. thank you. bill we wouldn't have the wonder twins without superman! right on. thirteen minutes before the hour now. there's an airline that refused to allow an elderly veteran to board his flight. what got this man who flew bombing runs during second world war grounded? juliet: and what has congress scrambling back to work? bill: and get the breaking fox news e-mail alerts were you -- wherever you are, click on the registered link at the top of our site, the latest fox news update in your in box immediately. we're back asap, in three minutes. juliet: welcome back. for an elderly veteran, boarding a flight from orlando proved to be a battle in itself, 80 year-old bob simon is his name, he needs to travel with an oxygen tank but southwest refused to let him on board early they are week, the airline saying his doctor's note for the tank didn't meet requirements but it was the same note he used for previous southwest flights. >> the gal said you can't get on, they just walked away. i finally said hey -- they said hey, you can't get on this aircraft, it's a policy, you've got to prove that you can operate the equipment. >> and they just walked away from you? >> yeah. >> how did that make you feel? >> oh god, i wanted to cold cock them! juliet: well -- >> bill: cold cock them. juliet: that wasn't the -- wasn't the reaction i was expecting but i like it. southwest says the airline requires a doctor's note that includes the date of issue, the ex-gone tank flow meter groin and acknowledgement that the passenger can operate the equipment. bill: and the family saying they corrected it after it got media attention. good for him. eighty-eight, still strong. juliet: tough guy, gonna cold cock them! bill: closing a gap on a closely watched race in connecticut. linda mcmahon is ten points behind the democratic attorney general richard blumenthal. we say only because she picked up seven points in less than three weeks. but before she gets into the ring with blumenthal they has to get through next tuesday's primary and molly line is on that. good morning. >> reporter: good morning, bill. when senator chris dodd decided not to run for reelection in connecticut he set the stage for a pretty wild and entertaining race there. the primary is slated for tuesday, three republicans in the running, linda mcmahon, the former head of the world wrestling entertainment, she made a lot of money doing that and she's spending it in this race, $22 million thus far. she's hyping her business credentials, job creation skills. then there's peter shift, a stockbroker and owns his own equity firm, acted as economic adviser for a 2008 presidential campaign and has been running ads, trying to make mcmahon look silly, saying she's a former liberal, and there's one back in the race because he pulled out in may after losing his party's nomination to mcmahon but the one-time cia officer is back in the running, arguing it's his military background that will give him the best chance of being the democratic candidate in the fall. the attorney general richard ble men thall was lambasted for implying he fought in vietnam when in reality he served in the marine corps reserve or spent much of that time in college. it's unclear how much the statements will hurt his political aspirations. we'll have to wait to see how it plays out. first we have to get through the republican primary on tuesday. interesting people running here and it's up to the voter, of course, bill. bill: they've been all interesting up to now. certainly it will continue that way if the trend continues. molly line, thanks, live on that today. we are your election headquarters. log on to our web page, foxnews.com, click on the election coverage link and get the latest political news leading up to november. eighty-nine days, i believe it is. juliet: you are correct. ford motor company, meantime, set to receive some $250 million in loan guarantees. the white house, announcing the money will finance exports of cars to canada and mexico. the -- and mexico. the loan guarantee will cover -- it coincides with president obama's visit to plant in chicago. bill: there is a police officer almost losing his life after three teenagers steal a car and wait until you see how this videotape ends and where it ends. juliet: a supermodel taking the stand. imr -- why is naomi campbell testifying in a war crimes trial? this is very interesting. withp we can fly out to see family. ♪ and we canook out more with friends. my card lets me work out more. ♪ and ours lets us eat out more. aarp helps us do our favorite thing. the new website is my favorite thing. [ female announcer ] with aarp you get so much more out of life. discover the best of what's next at the new aarp.org. and what it doesn't cover can cost you some money. that's why you should consider an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. all medicare supplement insurance plans can help pay... some of what medicare doesn't, so you could save... thousands of dollars in out-of-pocket expenses. call now for this free information kit and medicare guide. if you're turning 65 or you're already on medicare... you should know about this card -- it's the only one of its kind endorsed by aarp; see if it's right for you. all medicare supplement plans let you keep your own doctor, or hospital that accepts medicare. there are no networks and no referrals needed. help protect yourself from some of what medicare doesn't pay... and save up to thousands of dollars in potential... out-of-pocket expenses with an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. call this toll-free number on your screen now... for this free information kit, including this... medicare guide and customized rate quote. bill: bye-bye vacation, back to the beltway, for house lawmakers, it is a ghost town now but not for long, the house kicked off a six-week recess and nancy pelosi calling them all back for a critical vote on a massive jobs bill. 26 billion, a brand new hour, i'm bill hemmer, good morning, martha is working a bit later today. and nice to see you. juliet: scrambling things around and i'm in for martha and it works out in the end. 26 billion dollars in state aid, aimed at preventing more than 140,000 layoffs. expected to pass in the senate today. bill: and shannon bream is on the story, live in d.c., what are lawmakers saying about the scramble back to washington? they must be everywhere, not just this country but some are overseas also. >> reporter: you are right. around the world and technically the bill has to make it through the senate and we expect the bill in the next couple of hours and it triggers the house and they have to get back here, nancy pelosi called them for a vote we believe will take place next tuesday on the house side and reid and pelosi saying it is a huge benefit to firefighters and teachers and thousands of people who would have lost their jobs and most republicans fought back saying it is another unfunded situation, they are worried about. and the members who are complaining the most, democrats in tough re-election battles, many of them are using the august recess to hold town halls and have campaign events, and some of them not happy about being dragged back to washington, and in the fight of their lives to preserve their seats come november, bill. bill: shannon, what are republicans saying they'll fight back on this? so, you -- what is their strategy, come early next week? >> reporter: first of all, we got reaction right away when we heard the house will come back from the top republicans, first of all, senator mitch mcconnell, the top republican says, quoted, a last-minute effort by democrats to funnel money to the public employees union before an election and the top republican in the house, john boehner says, democrats should be listening to their constituents, asking where are the jobs instead of scampering back to washington to push through special interest bailouts and job killing tax hikes and they'll make hay of why it will not work and we understand since they'll be back here next week, house members, representative tom price, a republican out of georgia says, hey, if you are making us come back i offer a resolution, looks like a good chance to force a vote, to ask democrats to commit to not having a lame duck session after the november elections, that would mean after the election, people who lost their seats, asking democrats not to jam through big legislation about energy or legislation or major policy decisions before the new members are sworn in, in january and will ask them to take a vote and they have to go on the record. bill: we'll see from here, thanks, shannon bream on the hill. juliet: on the brink of confirming the nation's next supreme court justice, the vote on elena kagan happens today, one of the senate's final actions before meeting -- before a month long recess and the confirmation hearing under way on capitol hill and she is a shoo-in to be the fourth woman to serve on the high court, the first time in history, three female judges serve at the same time, a landmark ruling in favor of same sex marriage could have a ripple affect across the country, gay rights supporters happy that prop 8, banned same sex marriage in the state and many folks in the golden state are not happy because the judge overruled the california voters, and, now the case could go all the way to the supreme court, and, and, claudia cowan is live in san francisco with the latest on this. >> reporter: despite yesterday's landmark ruling, nothing has really changed. same sex couples here in california still cannot get married. proposition 8 is still in effect while the judge considers whether his order should be suspended, pending an appeal and we expect a decision on that question, by tomorrow. in the meantime, gay activists are celebrating his ruling yesterday. hundreds of people marched anything market street last night and many carrying rainbow flags and american flags, as well as signs that read "everyone deserves the right to marry." celebrities like ellen degeneres tweet, equalities won and an opinion echoed by governor arnold schwarzenegger as well as president barack obama. but, defenders of prop 8 vow fight the ruling, the family resource council said marriage is this union between one man and one woman, has been the universally recognized understanding of marriage, not only since america's founding but more millennia and to hold the founders created a constitutional right that none could even have conceived of is wrong and, the pending appeal to the 9th circuit court of appeals, to prevent gay weddings from resuming, any time soon. juliet. martha: claudia cowan, thanks for that report. >> from san francisco to the gulf, bp is on the verge of a major step in killing the gulf gusher for good, they say. engineers planning to start pumping cements into the blown out deep sea oil well today. but, even giving a best case scenario recovery for gulf coast residents is still a long way off. kris gutierrez is in louisiana today. good morning. >> reporter: good morning, bill, we are here because later today inside the civic center you see behind me, navy secretary ray mavis will hold a town hall meeting. remember he's the president's go to person to lead the efforts in the south down here and bp is expected to start shooting the cements down the choke line, the same line, the series of pipes that proved to be successful with the static kill operation and the secement will seal the leak for good according to bp and people who live here say the impact of the disaster will linger for months, if not years to come. >> right now, we need to be out on the front lines and make sure we keep our ears and our eyes on that water, and, as we know it keeps reappearing. >> reporter: now, despite the decision to actually pump the cement down the choke line, admiral thad allen says he still wants bp, made it extremely clear, bp will continue to drill the relief wells and should be brought on-line within the next two weeks. bill: nice sound with the church bells behind you. continuing story, and, to suggest the oil is gone or a good portion of it, what is the conventional wisdom, down there in the gulf coast, that suggests the oil on the surface of the gulf simply evaporated based on the intensity of the sun? is that possible. >> reporter: yes, according to government scientists, these are scientists working for the government, 75% of the oil, the 4.9 million barrels of oil, that leaked into the gulf, vanished. either evaporated, it was dispersed with the use of the chemical dis sers spent and some of it sank to the bottom of the ocean floor and remember, if those numbers are correct there is one million barrels of oil out there impacting the shorelines and the marshes in louisiana. bill: good point to make, julia. juliet: a supermodel and dictator and stones, adds up to a mysterious encounter, happened almost 13 years ago and today we learned details from one of the people at the center of the intrigue, naomi campbell testified before the war crimes tribunal today, yes, the supermodel, and it happened in the netherlands, she's a witness in the case of liberian ruler charles taylor. accused of funding a brutal civil war in africa. amy kellogg is live with the latest, and it is surprising to see a supermodel testifying at a war crimes trial but it happened. what happened. >> reporter: and it brought more attention to the case, in fact. juliet, which may be a good thing. what the prosecution is trying to prove is that charles taylor actually had these rough blood diamonds and whether or not he gave any to naomi campbell is relevant and today, she, in court, in the hague, said in the middle of night after a dinner in 1997 at the home of former south african president nelson mandela, which charles taylor attended, two men brought her a pouch of three to five diamonds, which they only said was a gift. and she claimed she opened the pouch, only the following morning and discovered the dert -- bir dirt-looking stones. >> what did you think they were. >> they were dirty pebbles, and i don't know, when i am used to seeing diamonds, they are shiny, in a box, the kind of diamonds i'm used to seeing. >> reporter: the next morning she says that mia farrow and her former agent, who were also at the money daily party said the diamonds must have come from charles taylor and campbell said he gave the diamonds to the man running the children's charity and claims at the time, 1997, she didn't know about the concept of blood diamonds, or for that matter, who charles taylor was, prior to meeting him or, even about the country liberia. and, again, juliet, it is complex, quite interesting, on so many different levels, drawing a lot of attention but the bottom line is the court is after charles taylor and one aspect of the trial is to figure out whether or not he has the blood diamonds which he used to fuel a bloody insurgency. back to you. juliet: well delve into it later on in the hour, thank you, aimy. >> breaking news on the economy, the market -- if you are in the market to buy a home now is your time, mortgage rates have fallen to the lowest level, average rate, 3 -- 4.49%, wow, and they suggest the real estate market will turn around by the end of the year and we'll see a jump in prices. home sales, juliet pray, grab the rosary on that one and it may happen, too, when you think about so much inventory. on the market, and so many cities and so many states across it's country, if you want to buy, now is your time. bargains are out there. juliet: this is did he have alternates the ti -- definitely the time. bill: and you will look back and say, man, i should have done that. juliet: nobody has the money to do it, bill, a conundrum, bill. bill: and half a million bucks, a whole lot more, stimulus, pork you paid for. martha: wait until you hear some of these things and they don't call him man's best friend for nothing, courageous canines saving american lives, we are serious, they saved american lives on the battlefield. one mighty mutt who took out a terrorist, reunited with the man whose life she saved, live on set. bill: nice story. martha: a great story. bill: and this story, a high speed chase, what the driver did when the cops cornered him on a bridge. this videotape, in minutes. >> first thing popped into my head, i ducked. wanted to be sure i was as low as i could possibly be. ♪ uh oh. sorry, son, but you still have 'em. 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[ male nouncer ] fiber one chewy bars. ok, umm...read her mind. save you fifteen percent or more on car insurance?really is having a snowball fight with pitching great randy johnson a bad idea? randy: sorry man, you all right? man: yeah, im good. yeah you just winged me. randy: think anybodys going to notice that? man: yeah, probably. maybe we should just go sledding... vo: geico. fifteen minutes could save you fifteen percent or more. bill: this might look like a monster truck show except there is an exception, someone inside the car is getting crushed. a carjacked suv is trapped i didn't bridge and police think it is stopped and it drives up and over the cruiser's hood and goes into reverse and over the windshield, before it timid off and here's the officer, inside. >> i thought, this is great, driver side door is pinned on the car and they cannot get out and can't run and next thing i see it veers and, i think, my god, it came at me at first i thought if it hit me it would hit me and i didn't think it would drive over me like big foot. bill: three teens out of washington, d.c., two of them now charged as adults, with armed robbery. an suv. pretty bad shape. juliet: like a tin can peeled off, a different story, two republican senators slamming president obama's massive stimulus package, senators mccain and colburn say, it waste taxpayer money on questionable projects. here are highlights from their report: nearly $555,000, went to replace windows in a center, a closed visitor center, i.e. nothing was going on there, $760,000 for an interactive dance software program, in north carolina. nearly $500,000, bill hemmer, for a smoking program in d.c., that gives participants smartphones. why? we'll find out, our next guest helped uncover the pork, and from citizens against government waste, great to have you here. almost $555,000 for -- to replace windows in a building that was closed down. people were not working in the building. why the necessity for this? >> there was no necessity for it. that is the problem with the stimulus, it is good money, a lot of it was good taxpayer money after bad, we'll never know how -- you know, where a lot of the money went. thank goodness for senators john mccain and colburn for continuing this, this is the third in a series of three reports, where they highlighted these projects. so, thank goodness for them, because, that is how we'll know this stuff and the visitor's center, was mounted st. helen and it was closed since 2007, they have no plans to reopen it yet, and it was not getting any visitors at the time. which is why they closed it. $555,000 to replace windows there. juliet: the drans software we spent 762,0$762,000 on. >> a grant to university over north carolina, in charlotte, for interactive dance software that will supposedly spark a huge dance revolution on youtube. something along, you know, so they can spread the word about dance, this is a totally unnecessary use of government money and when the stimulus was supposed to -- proposed to the american people we were told it would be a giant, you know, infrastructure revolution and we were going to rebuild our privileges, our roads, and, we were going to save jobs and we have now lost 2.5 to 3 million jobs in this country. and, our roads are still dilapidated. and, run down. and, they are spending money, $762,000 on a dance software program. that is not what taxpayers had in mind, absolutely not. juliet: the supporters would say there are people who are being put to work because of these things. >> but even unemployed people, these are researchers at a well heeled university. these are not the kind of people that are unemployed and you will not have -- these are not unemployed people, put to work on dance software, i guarantee these were researchers already employed by the university who got an opportunity to get a grant they've always wanted a fly by night idea they had and finally got the money for. juliet: another one, $43 million, on basically what would be a connector between sports stadiums. >> oh, no no. that is a huge one, that is going to be the tunnel to nowhere, $62 million, given to this tunnel built under the allegheny river, in pennsylvania, and, pittsburgh, will go from the light rail system, to connect it to casinos and sports stadiums. this is not going to be a commuter rail system. this is for tourists. juliet: we did investigation and confirmed it was $43 million and there is discrepancy and i want to show you what the folks say about this, the port authority. let's read it. the northshore has become one of the booming areas of the pittsburgh region, and is not just the pnc park and heinz field, it was an ideal candidate for stimulus money, it was already in twhoeshhe works and providing thousands of jobs to economic development on the northshore. >> i'll give you back quote for quote, i'll give you back the governor of pennsylvania, ed rendell, who says that it is a big tragic mistake and he wished it never was started. it is absolutely, way overbudget and way behind schedule and is exploding in costs and now he wishes they never started it. juliet: how about the train station in new jersey? $1.2 million. spent on this. >> yes, that is in new jersey, the borough got $1.2 million to take an abandoned train station and turn it into a museum and keep in mind it has been languishing there for eight years and they got the money, in 2002 from the department of transportation, to buy the train station and it sat there and got more run down, covered with grafitti and now they have another 1.2 million to convert to it a museum and the thing so know is these were generally projects we couldn't afford to build before the stimulus. these were probably projects that were ill-conceived to begin with and now, we're throwing good money after bad. juliet: what do you think, write us at foxnews.com, leslie page, thanks for enlightening us, there are many more and you can find out more of these waistful spending jobs, go to foxnews.com. thanks for joining us. >> thanks for having me. bill: 21 days, $800 billion, you have no know, by how long it took to pass it through. it might be the future of mass transit. what in the heck is this? the bus that drives over the cars in rush hour traffic, how novel. juliet: a heroic town and a soldier whose life is saved, next. bill: and she has a short fuse, prosecutors will not stand for it. the supermodel, naomi campbell, taking the stand in a war crimes trial. why is that, you wonder? details. juliet: welcome back, could change the future of commuting. look at the straddling bus, touted as a cheaper, greener, faster alternative, looks like a light rail or subway train and runs above the road while aroug other vehicles to pass beneath it. it will be powered by electricity, solar energy and the designers say the straddling bus will reduce traffic jams up to 30%, and the first model will be tested in beijing. bill: i'm glad they are testing it there, i sense danger there, will robinson. juliet: scared? frightened? bill: i wonder how it will work. right? cars going under the bus. juliet: technology, these days is amazing. bill: small town grocery stores are closing their doors across the country, not only starving rule towns of jobs, it is creating other problems, too, alicia acuna is live in kansas on that, good morning. >> reporter: it is causing a lot of -- creating a lot of health related problems, rural america according to research done by kent state university is home to some of the highest rates of obesity, hypertension, diabetes, and a lot of it has to do, according to the research with the closing of grocery stores in small towns and that is because, according to researchers, if folks don't have a grocery store when they buy food they go to a convenience store or gas station, talking about salt. martha: processed, fatty foods and that is really causing a lot of health problems and we talked to the owner of one store in lacrosse, kansas about what happens when stores close. >> i would think it would be devastating, because, you know, can you imagine every time you need a gallon of milk you go down to the convenience store and pay five bucks a gallon or go here, 25 miles away, to buy milk and bread. i mean, convenience wise, i would feel sorry for the old people who wouldn't have a way to get that stuff. >> reporter: another part of the problem is, a lot of folks are willing to drive, 30, 40, 50 miles to a big box store in another town and it might be good for them but it is bad for the local economy. bill: tell us about where you are in gove, kansas. >> reporter: population, 71, they just had a baby... and the town lost the grocery store for a few years and the folks decided to get together and gather donation and open a community store and a lot of small towns are now starting to do this where the town owns the grocery store and they can feed themselves. bill: alicia, interesting stuff, gove, kansas, juliet. juliet: they say, astroturf what nancy pelosi called the opposition to health care reform. apparently more than 70% of the missouri voters could be considered artificial grass, a vote in the show-me state, shows washington's true colors on mandated coverage. bill: and stallone has nothing on this guy. a human being, juliet. juliet: and, it pulls out and you can see. bill: a remarkable picture, how an every day device saved this guy's life. >> emergency... >> i'm out on... i jumped off, and i'm hanging -- mount baring and i'm hanging on the clifshgs my parachute's hanging on a rock the side of a cliff and i'm just kind of hanging here. >> do you have a parachute on. >> i'm hanging from a rock, with my strings right now, when it breaks, i'm dead. bill: his story, and how it ended up, still to come. 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[ sela ] crest pro-health is the first and only lding toothpaste to protect against sensitivity and all these areas dentists check most. and with crest pro-health sensitive shield, you get a smoother formula. sensitivity protection and more for a healthy mouth. new crest pro-health seitive shield. juliet: welcome back, top stories we're watching this hour, mexico's president, now says the drug cartels in his country are the de facto government in areas they control and he emphasizes, leaving them to operate on their own is, quote, an unacceptable option. and iran just wrapped up the latest series of war games, fighter jets the centerpiece of the nighttime drill and the operation code named deveedee ve es to the -- devotees to the supreme leader and, the president will be defending his decision to help chrysler and gm stay afloat and ford is about to gait $250 million loan to guarantee... bill: virginiaist note only state fighting the overhaul of health care, missouri is sending a message, voters overwhelmingly approving a measure that rejects mandated coverage, this is the first referendum we have seen statewide on the president's plan, the lieutenant governor of missouri supports this, sir, good morning to you, 71%, why do you think you got the result? >> well, because the people of missouri have been following this debate intensely for the last 15, 16 months or more, and they want no part of this bureaucratic top-down washington designed, tax-heavy, one-size-fits-all health care reform. we want no part of it. you know, bill, i have to tell you, the out of touch nature of our masters in federal government, washington, d.c., keeps being brought home to us. yesterday we had the disgraceful comment of robert gibbs, from the white house podium that the voters of missouri's message was -- meant nothing at all to them in washington and today, the last 10 minutes i have gotten this from the estimable harry reid, my staff provided meade with his quote last night an he said it is very obvious that people have a lack of understanding of our health care reform bill the more people learn about this bill, the more they like it. the trend, continuing quoting, the trend is turning all over america and once explained, the bill, the american people like it. bill: you have given people outside of missouri, a real taste of what folks are thinking there -- the opponents of the -- outcome of the vote, the referendum, they say the vote was heavily weighted toward republicans in the first place and, to that charge, what do you say, governor. >> we don't have party registration in missouri. we have a lopsided turnout of folks taking republican ballots, but that was because most of the contests that mattered were on the republican side, in missouri you can take either ballot, any member of any party can take either ballot, so there were a lot of democrats and democrat leaning independents taking republican ballots and that is simply a fact. in these -- >> the argument is kansas city and the turnout in st. louis was considerably low. >> you know what? when you don't have the facts you try and spin. the facts are enough for me. and, the facts ought to be enough for any missourian and any american. this is a prairie fire being lit across our country and i'm proud my fellow missourians began lighting it, with mr. reid's comment in mind, how none of us understand what is in the bill, the reason missouri voters put an awesome, huge can of whipping on the federal health care reform bill is because we understand what is in it. senator reid is wrong, more missourians have read the bill than his members read the bill when they passed it on christmas eve in the -- of night. bill: about the legal challenge, it's not legally binding and any federal law trumps it but it's a message, nevertheless, and i hear what you are saying in missouri, that is going to be picked up, i think, is it oklahoma? and there is another state in november? arizona, too? a referendum. >> oklahoma, arizona, and i believe florida voters and my message is, to other states, get going. pass this bill, put it up to a referendum, washington will not be able to ignore this. bill: it is a vote -- peter, thank you, lieutenant governor out of missouri for stating your case. we'll see where it goes. >> thank you, bill. bill: thank you very much. juliet: the environmental protection agency threatening to pull the plug on an american renewable energy industry, the epa is a leader in a push to wean the u.s. off fossil fuel and now critics ask why they may shut down a homegrown alternative, to burning coal. dan springer is live from seattle with the story. >> reporter: juliet, you know, biomass does not get all of the press of wind and solar energy, but did you know it makes up half of the renewable energy produced in this country, mainly burning wood waste, and, it is all -- has been considered carbon-neutral and now the epa has a new rule which would treat the biomass plants the same that's carbon emitted from natural gas and coal plants. it would not affect the people burning wood in their homes, but, many people believe it would kill the biomass industry which is -- has grown as the country looks for ways to get off of fossil fuel and wood is renewable and there is plenty of it and the biomass plants working now, run mainly on scrap wood from logging operations and saw dust mills and critics say when you burn the wood, you are emitting dangerous carbon. true, like at coal plants. and while the trees store carbon it takes decades to grow a tree, but, just minutes to burn one. >> carbon is carbon is carbon. that is really the basic question here. the environment doesn't care, molecule of co2 comes from wide biomass or coal. >> we will not proceed with a project of producing 30 megawatts of power, we consider very, very creditably green, if we are not considered green power, and it doesn't make any sense to do it. >> reporter: the biomass industry insists that if the logging is done responsibly it is carbon-neutral and good for the environment. 63 members of congress agreed and signed the letter to the epa, urging the epa to reverse its ruling. juliet? juliet: dan springer live, in seattle, thanks. bill: and, they climb up the cliff and they jump off with the parachute... one guy did that apparently and this is not where you want to end up, the 44-year-old stuck in washington state, luckily, you see -- you'll see in a moment the wide picture, how large this is. juliet: long moment. bill: he jumped 5700 feet and on his possession was a cell phone, his only remaining option while dangling, as the rescuers could find him the hope the parachute strings held, once he made the call and they knew where he was, he was, wow, he was there. juliet: gosh, look at that. bill: here's the phone call: bill: i'm good, he should thank them for getting down and, police arrested him, he had a court date, and the charges, reckless endangerment, jumping off a cliff in may and twice he has been saved and he was badmouthing on the 911 call. juliet: he doesn't have good luck. and, don't adjust your set. this is an infrared look at the raging river, a river under water. bill: also... >> are you nervous. >> no, i didn't want to be here, so, i was made to be here, so, obviously i wanted to get it over with and get on with my life, it is a big inconvenience for me. >> you said you didn't want to be here. >> i really don't want anything to do with this and i care about the protection of my family. bill: naomi campbell, the supermodel not happy at testifying at the hague them. diamonds, the dictator and the supermodel with the chip on her hip. 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[ male announcer ] fiber one. cardboard no. delicious yes. bill: breaking news right now, the feds have charged two somali-americans for allegedly supporting and fund-raising for the group al qaeda. story breaking right now, rochester, minnesota, south of minneapolis. eric holder holds a briefing at noon, eastern time and expect the topic to come up and we also hear that more arrests could be coming, and it is one line, right now, information, the department of justice, about the information, as we get it, you'll hear it hear, first on "america's newsroom." juliet: supermodel naomi campbell in the courtroom, a witness in a war crimes trial, seriously, she was grilled at the stand at the hague today, over claims that she accepted blood diamonds from former liberian ruler charles tay lower in 1997 and prosecutors say he fund aid brutal war in sierra leone and here's what happened in her own words. >> when you opened up the pouch, what did you discover? >> i saw a few stones. in there. and they looked very small, dirty-looking stones, i wanted to find my friend, who i trust and does great things in africa, for charity and to give help to him to do something with and i didn't want to keep them and that is exactly what i did. juliet: doug burns is a federal prosecutor and will weigh in on this and also proposition 8 and we'll talk about that, she's at the dinner with the liberian leader and gets a box of pebbles, and dirty stones and didn't want to testify at all and didn't want to be there, it was and in convenience and, and, she was concerned about her family and, she did a lot of research on charles taylor. >> it happens all the time, and, you can inadvertently be a witness in a case where the defendant is somebody you do not want to be associated with, happens all the time, i'm standing on a street nova scotian and see something brutal and i am called and asked to testify and what is interesting is she was sort of arrogantly saying i'm not going and they subpoenaed here and they are -- there are serious legal consequences if you don't appear and she appeared. juliet: she was on a network program and said she didn't accept that. >> i'm glad you said that, from a trial lawyer's pointed of view, like myself the cross-examination right away, isn't it true that you denied this on a national tv program and the argument is i was not under oath then and now i am and i'm telling the truth. excellent point. juliet: she admits that she is a liar, basically. okay, the case is not resting on her testimony. >> not at all. basically, as i said, it is tangentially, and, the -- one of the theories of the prosecution is that he was receiving demands in connection with the sierra leone bloodbath and the testimony shows since she got some he had them. juliet: and proposition 8, the judge banned it, unconstitutional, the ban on gay marriage is unconstitutional and, break the ruling down, what does it mean and where does gay marriage stand now. >> it is obviously a big, hot-button issue, and the voters in california, passed proposition 8, statewide amendment to the constitution. and, banning gay marriage, and, then a judge in a litigation brought by a couple, two very very, high powered attorneys, one a former solicitor general of the u.s., ruled that the ban is unconstitutional. so, to break it down on both sides of the argument, one side will say, this is judicial activism, a judge with a stroke of a pen and 138 page opinion undoes the will of the people and counter argument is no, it is a legitimate vindication of the constitutional claim, you can argue it both ways and will probably end up in the supreme court in the my opinion. juliet: influx, though now because waiting for appeals and, if you are a gay couple and want to get married, today, in california, can you do that. >> that is the key question, because, the legalese is what is called a stay and the judge issued a temporary stay which means that nobody can go and get married. tomorrow -- juliet: how long does the stay last. >> that is another good question, he invited argument tomorrow on whether the stay should remain in place or be removed. very, very important -- juliet: he makes the decision. >> yes. and the follow-up question is, is he -- if he puts in a stay can they appeal that? that is a complicated question, whether a final order, they probably can, but it is very very, big practical point, because, remember, juliet, 18,000 marriage licenses were issued in california when there was a gap leak goalie, previously and a lot of the experts say he will not say it. juliet: we'll pay attention to that, doug burns, good seeing you. >> thank you. bill: 13 minutes before the hour, check this out, right now, rolling on a raging river the bottom of the ocean, scientists discovering a massive under water stream using 3d imaging to paints an incredible picture, the channel flowing into the great sea in turkey, 50 times more powerful and the river themes in england, 150 feet deep and waterfalls and, it is a big world after all. juliet: a dramatic story of love, a dog who saved 50 soldiers' lives when a homicide bomber attacked. sergeant terry young and his dog, target, tell their story. ♪ ♪ you've got a friend in me ♪ when the roads are rough ahead ♪ ♪ and you're miles and miles from your save warm bed ♪ ♪ just remember what your old pal said ♪ ♪ you've got a friend in me... bill: walt disney world has a novel business plan and wants you to bring your dog, the best friends pet resort is this newest attraction, a luxury kennel, boarding nearly 300 dogs, and 30 cats and almost everything else you can think of and costs $37 a night for an overnight stay and your pets get bedtime stories, 101 dalmations! and a vacation villa with fish tanks and flat-screen tvs. juliet: do they offer massages. bill: every dog needs a flat-screen tv. juliet: naturally. bill: speaking of... juliet: these dogs deserve whatever they want. man's best friend, becomes a war hero. meet target one of the pups responsible for saving the lives of u.s. soldiers in afghanistan. target and a few other dogses in a line of fire, helped take out a homicide bomber trying to get into a barracks, sergeant terry young is a medic saved by the heroic afghan dogs and target, is fast asleep. there, thanks for joining us today. quickly, to give the folks at home perspective, dogs in afghanistan are not treated like dogs here in the u.s. explain that. >> no. actually dogs in afghanistan are kind of considered unclean animals, and, it is ironic, when it all unfolded, the fact that we talked with the local in interpreterses and he said there is a belief if you are bitten by a dog you do not get into heaven and it is ironic as as the homicide bomber tried to get into our barracks, it happened he went into -- ran into our three best buddies. juliet: you were taking dogs, starved for affection and brought them into your barracks and became your pets and what happened february 11th, 2009? bring us back to the night. >> it was a normal day, and, we were going about normal business, doing details around the compound and running missions and i was approximately, any 9:00 at night, and, everybody was just kind of relaxing and people were on the phone, calling home and their on the internet, and, surfing the web, and, basically, a homicide bomber made his way onto the compound, tried to enter our living quarters, and, you know, as he tried to center he was attacked by our three best buds here, and he couldn't get all the way in and he was able to actually detonate and, it is ironic, because one of the soldiers that lived by the entrance, if the dogs wouldn't have been doing what they were, making a commotion, he would have been sitting right where part of his room was blown into, into the room. a good chance -- juliet: go ahead. >> i was going to say a good chance, that the private wouldn't be here, if it wasn't for the dogs. juliet: it isn't a media generated hyped story, these dogs saved your lives. >> 100%, absolutely. juliet: and they are all coming to america? >> a lot of them, yeah. unfortunately one of the dogs that night, her wound were too severe, and she had to be put down, but, the other two, rufus and, target here, yeah, they -- because of the puppy rescue mission, that began on facebook, they were able to raise enough money and, yeah, got 7, the lucky 7, that were able to come to the u.s. and they are still working on getting 5 more dogs, as we speak, rescued out of there. juliet: is target your dog now? >> target is my dog. and, i have to tell you, absolutely, just amazing feeling, i'm running on no sleep, she got in late last night, but, i just -- i never thought -- truthfully never thought i would see her again. juliet: apologize for that, target is a world traveller and came in last night and like you said, you are running on no sleep, what are your plans for today, after target gets a little rest? >> i'm going to try and have a calm day and we are trying to get target to integrate with the family pets that we already have, there was an adventure last night and we have a small pomeranian already and the pomeranian -- yeah, exactly! he's trying to be friendly and target was having none of it. juliet: target will get used to it, the pomeranian will get used to it. welcome to target and welcome to america, appreciate you joining us today. >> thank you very much. bill: jobs numbers out, higher than expected, waiting on a speech from the president on the economy in chicago, we'll take you there for the headlines, the minute it happens, here. but with advair, i'm breathing better. so now, i can join the fun and games withy grandchildren. great news! for people with copd, inuding chronic bronchitis, emphysema, or both, advair helps significantly improve lung function. while nothing can reverse copd, advair is different from most other copd medications because it contains both an anti-inflammatory and a long-acting bronchodilator, working together to help you breathe better. advair won't replace fast-acting hars for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. i had fun today, grandpa. you and me both. if copd is still making it hard to breathe, ask your doctor if including advair will help improve your lung function for better breathing. get your first full prescription free and save on refills. the best time to crack it... twirl it... dunk it... and discover more new ways than ever to enjoy crab. starting at $14.99, only during crabfest at red lobster. i hear hot babysitter a lot. hi. my sienna is great. it matches my style, it has great stuff for my kids, it has an available dual-view entertainment center. driving my sienna says, "sure, i'm a mom. but i'm not running around rocking mom jeans." miss, there's a diaper bag on your of. please. ♪ [ male announcer ] meet the family and the toyota sienna on youtube. ♪ bill: the target was cool. juliet: very cool. you got a shotout. bill: i'm going to shout out to this dog! juliet: to your parents. bill: that's cute. on this day -- come on back! on this day, 49 years ago, my two favorite friends in the whole wide world got married. happy anniversary to my mom and dad, 49 years today! juliet: happy anniversary. bill: well done, guys, love you both.